第14章 Book I(13)

Each of the religious parties into which Germany was divided, continued its efforts to advance itself at the expense of the other, or to guard against its attacks. The weaker the hand that held the sceptre, and the more the Protestants and Roman Catholics felt they were left to themselves, the more vigilant necessarily became their watchfulness, and the greater their distrust of each other. It was enough that the Emperor was ruled by Jesuits, and was guided by Spanish counsels, to excite the apprehension of the Protestants, and to afford a pretext for hostility.

The rash zeal of the Jesuits, which in the pulpit and by the press disputed the validity of the religious peace, increased this distrust, and caused their adversaries to see a dangerous design in the most indifferent measures of the Roman Catholics.

Every step taken in the hereditary dominions of the Emperor, for the repression of the reformed religion, was sure to draw the attention of all the Protestants of Germany; and this powerful support which the reformed subjects of Austria met, or expected to meet with from their religious confederates in the rest of Germany, was no small cause of their confidence, and of the rapid success of Matthias.

It was the general belief of the Empire, that they owed the long enjoyment of the religious peace merely to the difficulties in which the Emperor was placed by the internal troubles in his dominions, and consequently they were in no haste to relieve him from them.

Almost all the affairs of the Diet were neglected, either through the procrastination of the Emperor, or through the fault of the Protestant Estates, who had determined to make no provision for the common wants of the Empire till their own grievances were removed.

These grievances related principally to the misgovernment of the Emperor;the violation of the religious treaty, and the presumptuous usurpations of the Aulic Council, which in the present reign had begun to extend its jurisdiction at the expense of the Imperial Chamber. Formerly, in all disputes between the Estates, which could not be settled by club law, the Emperors had in the last resort decided of themselves, if the case were trifling, and in conjunction with the princes, if it were important; or they determined them by the advice of imperial judges who followed the court. This superior jurisdiction they had, in the end of the fifteenth century, assigned to a regular and permanent tribunal, the Imperial Chamber of Spires, in which the Estates of the Empire, that they might not be oppressed by the arbitrary appointment of the Emperor, had reserved to themselves the right of electing the assessors, and of periodically reviewing its decrees. By the religious peace, these rights of the Estates, (called the rights of presentation and visitation,) were extended also to the Lutherans, so that Protestant judges had a voice in Protestant causes, and a seeming equality obtained for both religions in this supreme tribunal.

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.