Friedrich Schiller - The History of the Thirty Years' War

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. 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 2 2 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 3 3 Saxony, Brandenburg, and the Palatinate were already Protestant. electorate from the opponents of their faith. 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.