Chapter V: From The Diet Of Speyer, 1526, To The Religious Peace Of (3)

This memorable meeting at Naumburg forced the hands of the members of the Diet. Every member, save the Cardinal Bishop of Augsburg, desired a _permanent_ settlement of the religious question, and their zeal appeared in the multiplicity of adjectives used to express the predominant thought—“_beständiger, beharrlicher, unbedingter, für und für ewig währender_” was the phrase. The meeting at Naumburg showed them that this could not be secured without the recognition of Lutheranism as a legal religion within the German Empire.

When the Protestant demands were formally placed before the Diet, they were found to include—security under the Public Law of the Empire for all who professed the Augsburg Confession, and for all who in future might make the same profession; liberty to hold legally all the ecclesiastical property which had been or might in the future be secularised; complete toleration for all Lutherans who were resident in Romanist States without corresponding toleration for Romanists in Lutheran States. These demands went much further than any which Luther himself had formulated, and really applied to Romanists some of the provisions of the “recess” of Speyer (1529) which, when applied to Lutherans, had called forth the Protest. They were vehemently objected to by the Romanist members of the Diet; and, as both parties seemed unwilling to yield anything to the other, there was some danger of the religious war breaking out again. The mediation of Ferdinand for the Romanists and Frederick of Saxony for the Protestants brought a compromise after months of debate. It was agreed that the Lutheran religion should be legalised within the Empire, and that all Lutheran princes should have full security for the practice of their faith; that the mediæval episcopal jurisdiction should cease within their lands; and that they were to retain all ecclesiastical possessions which had been secularised before the passing of the Treaty of Passau (1552). Future changes of faith were to be determined by the principle _cujus regio ejus religio_. The secular territorial ruler might choose between the Romanist or the Lutheran faith, and his decision was to bind all his subjects. If a subject professed another religion from his prince, he was to be allowed to emigrate without molestation. These provisions were agreed upon by all, and embodied in the “recess.” Two very important matters remained unsettled. The Romanists demanded that any ecclesiastical prince who changed his faith should thereby forfeit lands and dignities—the “ecclesiastical reservation.” This was embodied in the “recess,” but the Protestants declared that they would not be bound by it. On the other hand, the Protestants demanded toleration for all Lutherans living within the territories of Romanist princes. This was not embodied in the “recess,” though Ferdinand promised that he would see it carried out in practice.(369) Such was the famous Peace of Augsburg. There was no reason why it should not have come years earlier and without the wild war-storm which preceded it, save the fact that, in an unfortunate fit of enthusiasm, the Germans had elected the young King of Spain to be their Emperor. They had chosen the grandson of the genial Maxmilian, believing him to be a real German, and they got a man whose attitude to religion “was half-way between the genial orthodoxy of his grandfather Maxmilian and the gloomy fanaticism of his son Philip II.,” and whose “mind was always travelling away from the former and towards the latter position.”(370) The longer he lived the more Spanish he became, and the less capable of understanding Germany, either on its secular or religious side. His whole public life, so far as that country was concerned, was one disastrous failure. He succeeded only when he used his imperial position to increase and consolidate the territorial possessions of the House of Hapsburg; for the charge of dismembering the Empire can be brought home to Charles as effectually as to the most selfish of the princes of Germany.

The Religious Peace of Augsburg was contained in the decisions of Speyer in 1526, and it was repeated in every one of the truces which the Emperor made with his Lutheran subjects from 1530 to 1544.(371) Had any one of these been made permanent, the religious war, with its outcome in wild anarchy, in embittered religious antagonisms, and its seed of internecine strife, to be reaped in the Thirty Years’ War, would never have occurred. But Charles, whose mission, he fancied, was to preserve the unity “of the seamless robe of Christ,” as he phrased it, could only make the attempt by drenching the fields of Germany with blood, and perpetuating and accentuating the religious antagonisms of the country which had chosen him for its Protector.

This Religious Peace of Augsburg has been claimed, and rightly, as a victory for religious liberty.

From one point of view the victory was not a great one. The only Confession tolerated was the Augsburg. The Swiss Reformation and its adherents were outside the scope of the religious peace. What grew to be the Reformed or Calvinistic Church was also outside. It was limited solely to the Lutheran, or, as it was called, the Evangelical creed. Nor was there much gain to the personal liberty of conscience. It may be said with truth that there was less freedom of conscience under the Lutheran territorial system of Churches, and also under the Roman Catholic Church reorganised under the canons and decrees of Trent, than there was in the mediæval Church.

The victory lay in this, that the first blow had been struck to free mankind from the fetters of Romanist absolutism; that the first faltering step had been taken on the road to religious liberty; and the first is valuable not for what it is in itself, but for what it represents and for what comes after it. The Religious Peace of Augsburg did not concede much according to modern standards; but it contained the potency and promise of the future. It is always the first step which counts.