evolence 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 doctrines;
for how is it conceivable that a permanent endowment should be made of
opinions left open to change?

What law cannot decide, is usually determined by might, and such was the
case here. The one party held firmly all that could no longer be
wrested from it--the other defended what it still possessed. All the
bishoprics and abbeys which had been secularized BEFORE the peace,
remained with the Protestants; but, by an express clause, the unreformed
Catholics provided that none should thereafter be secularized. Every
impropriator of an ecclesiastical foundation, who held immediately of
the Empire, whether elector, bishop, or abbot, forfeited his benefice
and dignity the moment he embraced the Protestant belief; he was obliged
in that event instantly to resign its emoluments, and the chapter was to
proceed to a new election, exactly as if his place had been vacated by
death. By this sacred anchor of the Ecclesiastical Reservation,
(`Reservatum Ecclesiasticum',) which makes the temporal existence of a
spiritual prince entirely dependent on his fidelity to the olden
religion, the Roman Catholic Church in Germany is still held fast; and
precarious, indeed, would be its situation were this anchor to give way.
The principle of the Ecclesiastical Reservation was strongly opposed by
the Protestants; and though it was at last adopted into the treaty of
peace, its insertion was qualified with the declaration, that parties
had come to no final determination on the point. Could it then be more
binding on the Protestants than Ferdinand's guarantee in favour of
Protestant subjects of ecclesiastical states was upon the Roman
Catholics? Thus were two important subjects of dispute left unsettled
in the treaty of peace, and by them the war was rekindled.

Such was the position of things with regard to religious toleration and
ecclesiastical property: it was the same with regard to rights and
dignities. The existing German s