et were little attended to in the pacification. In the
ecclesiastical territories, indeed, where the unreformed religion
enjoyed an undisputed supremacy, the free exercise of their religion was
obtained for all who had previously embraced the Protestant doctrines;
but this indulgence rested only on the personal guarantee of Ferdinand,
King of the Romans, by whose endeavours chiefly this peace was effected;
a guarantee, which, being rejected by the Roman Catholic members of the
Diet, and only inserted in the treaty under their protest, could not of
course have the force of law.

If it had been opinions only that thus divided the minds of men, with
what indifference would all have regarded the division! But on these
opinions depended riches, dignities, and rights; and it was this which
so deeply aggravated the evils of division. Of two brothers, as it
were, who had hitherto enjoyed a paternal inheritance in common, one now
remained, while the other was compelled to leave his father's house, and
hence arose the necessity of dividing the patrimony. For this
separation, which he could not have foreseen, the father had made no
provision. By the beneficent donations of pious ancestors the riches of
the church had been accumulating through a thousand years, and these
benefactors were as much the progenitors of the departing brother as of
him who remained. Was the right of inheritance then to be limited to
the paternal house, or to be extended to blood? The gifts had been made
to the church in communion with Rome, because at that time no other
existed,--to the first-born, as it were, because he was as yet the only
son. Was then a right of primogeniture to be admitted in the church, as
in noble families? Were the pretensions of one party to be favoured by
a prescription from times when the claims of the other could not have
come into existence? Could the Lutherans be justly excluded from these
possessions, to which the benevolence of their forefathers had
contributed, merely on the ground that, at the date of their foundation,
the differences between Lutheranism and Romanism were unknown? Both
parties have disputed, and still dispute, with equal plausibility, on
these points. Both alike have found it difficult to prove their right.
Law can be applied only to conceivable cases, and perhaps spiritual
foundations are not among the number of these, and still less where the
conditions of the founders generally extended to a system of d