But the enemies of the Reformation and of the freedom of the Estates, vigilant to take advantage of every incident that favoured their views, soon found means to neutralize the beneficial effects of this institution. A supreme jurisdiction over the Imperial States was gradually and skilfully usurped by a private imperial tribunal, the Aulic Council in Vienna, a court at first intended merely to advise the Emperor in the exercise of his undoubted, imperial, and personal prerogatives; a court, whose members being appointed and paid by him, had no law but the interest of their master, and no standard of equity but the advancement of the unreformed religion of which they were partisans. Before the Aulic Council were now brought several suits originating between Estates differing in religion, and which, therefore, properly belonged to the Imperial Chamber. It was not surprising if the decrees of this tribunal bore traces of their origin; if the interests of the Roman Church and of the Emperor were preferred to justice by Roman Catholic judges, and the creatures of the Emperor. Although all the Estates of Germany seemed to have equal cause for resisting so perilous an abuse, the Protestants alone, who most sensibly felt it, and even these not all at once and in a body, came forward as the defenders of German liberty, which the establishment of so arbitrary a tribunal had outraged in its most sacred point, the administration of justice. In fact, Germany would have had little cause to congratulate itself upon the abolition of club-law, and in the institution of the Imperial Chamber, if an arbitrary tribunal of the Emperor was allowed to interfere with the latter. The Estates of the German Empire would indeed have improved little upon the days of barbarism, if the Chamber of Justice in which they sat along with the Emperor as judges, and for which they had abandoned their original princely prerogative, should cease to be a court of the last resort. But the strangest contradictions were at this date to be found in the minds of men. The name of Emperor, a remnant of Roman despotism, was still associated with an idea of autocracy, which, though it formed a ridiculous inconsistency with the privileges of the Estates, was nevertheless argued for by jurists, diffused by the partisans of despotism, and believed by the ignorant.
To these general grievances was gradually added a chain of singular incidents, which at length converted the anxiety of the Protestants into utter distrust. During the Spanish persecutions in the Netherlands, several Protestant families had taken refuge in Aix-la-Chapelle, an imperial city, and attached to the Roman Catholic faith, where they settled and insensibly extended their adherents. Having succeeded by stratagem in introducing some of their members into the municipal council, they demanded a church and the public exercise of their worship, and the demand being unfavourably received, they succeeded by violence in enforcing it, and also in usurping the entire government of the city. To see so important a city in Protestant hands was too heavy a blow for the Emperor and the Roman Catholics. After all the Emperor's requests and commands for the restoration of the olden government had proved ineffectual, the Aulic Council proclaimed the city under the ban of the Empire, which, however, was not put in force till the following reign.
Of yet greater importance were two other attempts of the Protestants to extend their influence and their power. The Elector Gebhard, of Cologne, (born Truchsess-[Grand-master of the kitchen.]-of Waldburg,) conceived for the young Countess Agnes, of Mansfield, Canoness of Gerresheim, a passion which was not unreturned. As the eyes of all Germany were directed to this intercourse, the brothers of the Countess, two zealous Calvinists, demanded satisfaction for the injured honour of their house, which, as long as the elector remained a Roman Catholic prelate, could not be repaired by marriage. They threatened the elector they would wash out this stain in his blood and their sister's, unless he either abandoned all further connexion with the countess, or consented to re-establish her reputation at the altar. The elector, indifferent to all the consequences of this step, listened to nothing but the voice of love. Whether it was in consequence of his previous inclination to the reformed doctrines, or that the charms of his mistress alone effected this wonder, he renounced the Roman Catholic faith, and led the beautiful Agnes to the altar.
This event was of the greatest importance. By the letter of the clause reserving the ecclesiastical states from the general operation of the religious peace, the elector had, by his apostacy, forfeited all right to the temporalities of his bishopric; and if, in any case, it was important for the Catholics to enforce the clause, it was so especially in the case of electorates. On the other hand, the relinquishment of so high a dignity was a severe sacrifice, and peculiarly so in the case of a tender husband, who had wished to enhance the value of his heart and hand by the gift of a principality. Moreover, the Reservatum Ecclesiasticum was a disputed article of the treaty of Augsburg; and all the German Protestants were aware of the extreme importance of wresting this fourth electorate from the opponents of their faith.-[Saxony, Brandenburg, and the Palatinate were already Protestant.]-The example had already been set in several of the ecclesiastical benefices of Lower Germany, and attended with success. Several canons of Cologne had also already embraced the Protestant confession, and were on the elector's side, while, in the city itself, he could depend upon the support of a numerous Protestant party. All these considerations, greatly strengthened by the persuasions of his friends and relations, and the promises of several German courts, determined the elector to retain his dominions, while he changed his religion.
But it was soon apparent that he had entered upon a contest which he could not carry through. Even the free toleration of the Protestant service within the territories of Cologne, had already occasioned a violent opposition on the part of the canons and Roman Catholic `Estates' of that province. The intervention of the Emperor, and a papal ban from Rome, which anathematized the elector as an apostate, and deprived him of all his dignities, temporal and spiritual, armed his own subjects and chapter against him. The Elector assembled a military force; the chapter did the same. To ensure also the aid of a strong arm, they proceeded forthwith to a new election, and chose the Bishop of Liege, a prince of Bavaria.
A civil war now commenced, which, from the strong interest which both religious parties in Germany necessarily felt in the conjuncture, was likely to terminate in a general breaking up of the religious peace. What most made the Protestants indignant, was that the Pope should have presumed, by a pretended apostolic power, to deprive a prince of the empire of his imperial dignities. Even in the golden days of their spiritual domination, this prerogative of the Pope had been disputed; how much more likely was it to be questioned at a period when his authority was entirely disowned by one party, while even with the other it rested on a tottering foundation. All the Protestant princes took up the affair warmly against the Emperor; and Henry IV. of France, then King of Navarre, left no means of negotiation untried to urge the German princes to the vigorous assertion of their rights. The issue would decide for ever the liberties of Germany. Four Protestant against three Roman Catholic voices in the Electoral College must at once have given the preponderance to the former, and for ever excluded the House of Austria from the imperial throne.
But the Elector Gebhard had embraced the Calvinist, not the Lutheran religion; and this circumstance alone was his ruin. The mutual rancour of these two churches would not permit the Lutheran Estates to regard the Elector as one of their party, and as such to lend him their effectual support. All indeed had encouraged, and promised him assistance; but only one appanaged prince of the Palatine House, the Palsgrave John Casimir, a zealous Calvinist, kept his word. Despite of the imperial prohibition, he hastened with his little army into the territories of Cologne; but without being able to effect any thing, because the Elector, who was destitute even of the first necessaries, left him totally without help. So much the more rapid was the progress of the newly-chosen elector, whom his Bavarian relations and the Spaniards from the Netherlands supported with the utmost vigour. The troops of Gebhard, left by their master without pay, abandoned one place after another to the enemy; by whom other
s were compelled to surrender. In his Westphalian territories, Gebhard held out for some time longer, till here, too, he was at last obliged to yield to superior force. After several vain attempts in Holland and England to obtain means for his restoration, he retired into the Chapter of Strasburg, and died dean of that cathedral; the first sacrifice to the Ecclesiastical Reservation, or rather to the want of harmony among the German Protestants.
To this dispute in Cologne was soon added another in Strasburg. Several Protestant canons of Cologne, who had been included in the same papal ban with the elector, had taken refuge within this bishopric, where they likewise held prebends. As the Roman Catholic canons of Strasburg hesitated to allow them, as being under the ban, the enjoyment of their prebends, they took violent possession of their benefices, and the support of a powerful Protestant party among the citizens soon gave them the preponderance in the chapter. The other canons thereupon retired to Alsace-Saverne, where, under the protection of the bishop, they established themselves as the only lawful chapter, and denounced that which remained in Strasburg as illegal. The latter, in the meantime, had so strengthened themselves by the reception of several Protestant colleagues of high rank, that they could venture, upon the death of the bishop, to nominate a new Protestant bishop in the person of John George of Brandenburg. The Roman Catholic canons, far from allowing this election, nominated the Bishop of Metz, a prince of Lorraine, to that dignity, who announced his promotion by immediately commencing hostilities against the territories of Strasburg.
That city now took up arms in defence of its Protestant chapter and the Prince of Brandenburg, while the other party, with the assistance of the troops of Lorraine, endeavoured to possess themselves of the temporalities of the chapter. A tedious war was the consequence, which, according to the spirit of the times, was attended with barbarous devastations. In vain did the Emperor interpose with his supreme authority to terminate the dispute; the ecclesiastical property remained for a long time divided between the two parties, till at last the Protestant prince, for a moderate pecuniary equivalent, renounced his claims; and thus, in this dispute also, the Roman Church came off victorious.
An occurrence which, soon after the adjustment of this dispute, took place in Donauwerth, a free city of Suabia, was still more critical for the whole of Protestant Germany. In this once Roman Catholic city, the Protestants, during the reigns of Ferdinand and his son, had, in the usual way, become so completely predominant, that the Roman Catholics were obliged to content themselves with a church in the Monastery of the Holy Cross, and for fear of offending the Protestants, were even forced to suppress the greater part of their religious rites. At length a fanatical abbot of this monastery ventured to defy the popular prejudices, and to arrange a public procession, preceded by the cross and banners flying; but he was soon compelled to desist from the attempt. When, a year afterwards, encouraged by a favourable imperial proclamation, the same abbot attempted to renew this procession, the citizens proceeded to open violence. The inhabitants shut the gates against the monks on their return, trampled their colours under foot, and followed them home with clamour and abuse. An imperial citation was the consequence of this act of violence; and as the exasperated populace even threatened to assault the imperial commissaries, and all attempts at an amicable adjustment were frustrated by the fanaticism of the multitude, the city was at last formally placed under the ban of the Empire, the execution of which was intrusted to Maximilian, Duke of Bavaria. The citizens, formerly so insolent, were seized with terror at the approach of the Bavarian army; pusillanimity now possessed them, though once so full of defiance, and they laid down their arms without striking a blow. The total abolition of the Protestant religion within the walls of the city was the punishment of their rebellion; it was deprived of its privileges, and, from a free city of Suabia, converted into a municipal town of Bavaria.
Two circumstances connected with this proceeding must have strongly excited the attention of the Protestants, even if the interests of religion had been less powerful on their minds. First of all, the sentence had been pronounced by the Aulic Council, an arbitrary and exclusively Roman Catholic tribunal, whose jurisdiction besides had been so warmly disputed by them; and secondly, its execution had been intrusted to the Duke of Bavaria, the head of another circle. These unconstitutional steps seemed to be the harbingers of further violent measures on the Roman Catholic side, the result, probably, of secret conferences and dangerous designs, which might perhaps end in the entire subversion of their religious liberty.
In circumstances where the law of force prevails, and security depends upon power alone, the weakest party is naturally the most busy to place itself in a posture of defence. This was now the case in Germany. If the Roman Catholics really meditated any evil against the Protestants in Germany, the probability was that the blow would fall on the south rather than the north, because, in Lower Germany, the Protestants were connected together through a long unbroken tract of country, and could therefore easily combine for their mutual support; while those in the south, detached from each other, and surrounded on all sides by Roman Catholic states, were exposed to every inroad. If, moreover, as was to be expected, the Catholics availed themselves of the divisions amongst the Protestants, and levelled their attack against one of the religious parties, it was the Calvinists who, as the weaker, and as being besides excluded from the religious treaty, were apparently in the greatest danger, and upon them would probably fall the first attack.
Both these circumstances took place in the dominions of the Elector Palatine, which possessed, in the Duke of Bavaria, a formidable neighbour, and which, by reason of their defection to Calvinism, received no protection from the Religious Peace, and had little hope of succour from the Lutheran states. No country in Germany had experienced so many revolutions in religion in so short a time as the Palatinate. In the space of sixty years this country, an unfortunate toy in the hands of its rulers, had twice adopted the doctrines of Luther, and twice relinquished them for Calvinism. The Elector Frederick III. first abandoned the confession of Augsburg, which his eldest son and successor, Lewis, immediately re-established. The Calvinists throughout the whole country were deprived of their churches, their preachers and even their teachers banished beyond the frontiers; while the prince, in his Lutheran zeal, persecuted them even in his will, by appointing none but strict and orthodox Lutherans as the guardians of his son, a minor. But this illegal testament was disregarded by his brother the Count Palatine, John Casimir, who, by the regulations of the Golden Bull, assumed the guardianship and administration of the state. Calvinistic teachers were given to the Elector Frederick IV., then only nine years of age, who were ordered, if necessary, to drive the Lutheran heresy out of the soul of their pupil with blows. If such was the treatment of the sovereign, that of the subjects may be easily conceived.
It was under this Frederick that the Palatine Court exerted itself so vigorously to unite the Protestant states of Germany in joint measures against the House of Austria, and, if possible, bring about the formation of a general confederacy. Besides that this court had always been guided by the counsels of France, with whom hatred of the House of Austria was the ruling principle, a regard for his own safety urged him to secure in time the doubtful assistance of the Lutherans against a near and overwhelming enemy. Great difficulties, however, opposed this union, because the Lutherans' dislike of the Reformed was scarcely less than the common aversion of both to the Romanists. An attempt was first made to reconcile the two professions, in order to facilitate a political union; but all these attempts failed, and generally ended in both parties adhering the more strongly to their respective opinions. Nothing then remained but to increase the fear and the distrust of the Evangelicals, and in this way to impress upon them the necessity of this alliance. The power of the Roman Catholics and the magnitude of the danger were exaggerated, accidental incidents were ascribed to deliberate plans, innocent actions misrepresented by invidious constructions, and the whole condu
ct of the professors of the olden religion was interpreted as the result of a well-weighed and systematic plan, which, in all probability, they were very far from having concerted.
The Diet of Ratisbon, to which the Protestants had looked forward with the hope of obtaining a renewal of the Religious Peace, had broken up without coming to a decision, and to the former grievances of the Protestant party was now added the late oppression of Donauwerth. With incredible speed, the union, so long attempted, was now brought to bear. A conference took place at Anhausen, in Franconia, at which were present the Elector Frederick IV., from the Palatinate, the Palsgrave of Neuburg, two Margraves of Brandenburg, the Margrave of Baden, and the Duke John Frederick of Wirtemburg,-Lutherans as well as Calvinists,- who for themselves and their heirs entered into a close confederacy under the title of the Evangelical Union. The purport of this union was, that the allied princes should, in all matters relating to religion and their civil rights, support each other with arms and counsel against every aggressor, and should all stand as one man; that in case any member of the alliance should be attacked, he should be assisted by the rest with an armed force; that, if necessary, the territories, towns, and castles of the allied states should be open to his troops; and that, whatever conquests were made, should be divided among all the confederates, in proportion to the contingent furnished by each.
The direction of the whole confederacy in time of peace was conferred upon the Elector Palatine, but with a limited power. To meet the necessary expenses, subsidies were demanded, and a common fund established. Differences of religion (betwixt the Lutherans and the Calvinists) were to have no effect on this alliance, which was to subsist for ten years, every member of the union engaged at the same time to procure new members to it. The Electorate of Brandenburg adopted the alliance, that of Saxony rejected it. Hesse-Cashel could not be prevailed upon to declare itself, the Dukes of Brunswick and Luneburg also hesitated. But the three cities of the Empire, Strasburg, Nuremburg, and Ulm, were no unimportant acquisition for the league, which was in great want of their money, while their example, besides, might be followed by other imperial cities.
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