Furthermore, it was arranged that the terms of the Peace of Augsburg should be observed, with this important change, that the rights guaranteed in it to the Lutherans should be extended even to those who did not accept the Augsburg Confession. This concession was intended to meet the demands of the Calvinists. Again, complete equality was established between Catholics and Protestants in the empire. To give effect to this clause it was arranged that in all imperial committees and courts both parties should be represented in equal numbers. In case religious issues were discussed at the Diet, where the Catholics still had the majority, it was agreed that the matter should not be decided by voting but by friendly compromise. The princes were permitted to determine the religion of their subjects, the principal restriction being that those subjects who were in the enjoyment of a certain form of public or private religious worship in 1624 should not be forced to change their religion. For the others nothing remained but to seek a home where their conscientious convictions might be respected. In regard to ecclesiastical property the year 1624 was taken as the normal year, the property that the Protestants held in that year being allowed to remain in their hands. The /Ecclesiasticum Reservatum/ clause was retained, and made obligatory on both parties.
These terms, it was provided, should not extend to the Protestants in the hereditary dominions of the Emperor.
The Peace of Westphalia by its practical recognition of state neutrality in religious matters put an end to the constitution of the Holy Roman Empire, and reduced the Emperor to the position of a mere figurehead, depending for strength entirely on his own hereditary states. Instead of preventing disunion it made national unity almost impossible, and exposed Germany to attack from any hostile neighbour who might wish to strengthen himself by encouraging strife amongst its various states. Besides, it inflicted a severe injury on the Church not merely by its recognition of the Protestant religion, but by the seizure of ecclesiastical property, the abolition of bishoprics, the interference with cathedral chapters, and the recognition of the right of the temporal sovereign to determine the religion of his subjects.
It was no wonder then that the papal legate Fabio Chigi lodged a strong protest against the Peace, and that the protest was renewed in the most solemn form by Innocent X. (1648).[7] This action was not inspired by the Pope's opposition to peace. On the contrary, again and again during the civil war the Holy See had sought to bring about a friendly understanding, but no Pope, unless he was disloyal to the trust confided in him, could permit such interference in purely religious matters without ****** it clear that he was not a consenting party. Innocent X. foresaw that this was but the herald of new claims on the part of the civil rulers, and that in a short time even the Catholic sovereigns would endeavour to regulate the ecclesiastical affairs of their subjects without reference to the authority of the Church. Nor was it long until events showed that his suspicions were not without good foundation.
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[1] Losche, /Geschichte des Protestantismus in Osterreich/, 1902.
[2] Hartmann, /Der Prozess gegen die Protestantischen Landstande in Bayern unter Albrecht V./, 1904.
[3] Stieve, /Der Kampf um Donauworth/, 1875.
[4] Villermont, /Tilly ou la guerre de trente ans/, 1860.
[5] Halwich, /Geschichte Wallensteins/, 1910.
[6] Gfrofer, /Gustav. Adolf./, 1863.
[7] Bull, /Zelo domus Dei/.