All the German states, and even the Swedes, were publicly invited to become parties to this peace, although Saxony and the Emperor were the only powers who deliberated upon it, and who assumed the right to give law to Germany. By this self-appointed tribunal, the grievances of the Protestants were discussed, their rights and privileges decided, and even the fate of religions determined, without the presence of those who were most deeply interested in it. Between them, a general peace was resolved on, and it was to be enforced by an imperial army of execution, as a formal decree of the Empire. Whoever opposed it, was to be treated as a public enemy; and thus, contrary to their rights, the states were to be compelled to acknowledge a law, in the passing of which they had no share.
Thus, even in form, the pacification at Prague was an arbitrary measure;nor was it less so in its contents. The Edict of Restitution had been the chief cause of dispute between the Elector and the Emperor;and therefore it was first considered in their deliberations.
Without formally annulling it, it was determined by the treaty of Prague, that all the ecclesiastical domains holding immediately of the Empire, and, among the mediate ones, those which had been seized by the Protestants subsequently to the treaty at Passau, should, for forty years, remain in the same position as they had been in before the Edict of Restitution, but without any formal decision of the diet to that effect.
Before the expiration of this term a commission, composed of equal numbers of both religions, should proceed to settle the matter peaceably and according to law; and if this commission should be unable to come to a decision, each party should remain in possession of the rights which it had exercised before the Edict of Restitution. This arrangement, therefore, far from removing the grounds of dissension, only suspended the dispute for a time; and this article of the treaty of Prague only covered the embers of a future war.
The archbishopric of Magdeburg remained in possession of Prince Augustus of Saxony, and Halberstadt in that of the Archduke Leopold William.
Four estates were taken from the territory of Magdeburg, and given to Saxony, for which the Administrator of Magdeburg, Christian William of Brandenburg, was otherwise to be indemnified.
The Dukes of Mecklenburg, upon acceding to this treaty, were to be acknowledged as rightful possessors of their territories, in which the magnanimity of Gustavus Adolphus had long ago reinstated them.
Donauwerth recovered its liberties. The important claims of the heirs of the Palatine, however important it might be for the Protestant cause not to lose this electorate vote in the diet, were passed over in consequence of the animosity subsisting between the Lutherans and the Calvinists. All the conquests which, in the course of the war, had been made by the German states, or by the League and the Emperor, were to be mutually restored;all which had been appropriated by the foreign powers of France and Sweden, was to be forcibly wrested from them by the united powers. The troops of the contracting parties were to be formed into one imperial army, which, supported and paid by the Empire, was, by force of arms, to carry into execution the covenants of the treaty.
As the peace of Prague was intended to serve as a general law of the Empire, those points, which did not immediately affect the latter, formed the subject of a separate treaty. By it, Lusatia was ceded to the Elector of Saxony as a fief of Bohemia, and special articles guaranteed the freedom of religion of this country and of Silesia.
All the Protestant states were invited to accede to the treaty of Prague, and on that condition were to benefit by the amnesty.
The princes of Wurtemberg and Baden, whose territories the Emperor was already in possession of, and which he was not disposed to restore unconditionally; and such vassals of Austria as had borne arms against their sovereign; and those states which, under the direction of Oxenstiern, composed the council of the Upper German Circle, were excluded from the treaty, -- not so much with the view of continuing the war against them, as of compelling them to purchase peace at a dearer rate. Their territories were to be retained in pledge, till every thing should be restored to its former footing.
Such was the treaty of Prague. Equal justice, however, towards all, might perhaps have restored confidence between the head of the Empire and its members -- between the Protestants and the Roman Catholics --between the Reformed and the Lutheran party; and the Swedes, abandoned by all their allies, would in all probability have been driven from Germany with disgrace. But this inequality strengthened, in those who were more severely treated, the spirit of mistrust and opposition, and made it an easier task for the Swedes to keep alive the flame of war, and to maintain a party in Germany.
The peace of Prague, as might have been expected, was received with very various feelings throughout Germany. The attempt to conciliate both parties, had rendered it obnoxious to both.
The Protestants complained of the restraints imposed upon them;the Roman Catholics thought that these hated sectaries had been favoured at the expense of the true church. In the opinion of the latter, the church had been deprived of its inalienable rights, by the concession to the Protestants of forty years' undisturbed possession of the ecclesiastical benefices; while the former murmured that the interests of the Protestant church had been betrayed, because toleration had not been granted to their co-religionists in the Austrian dominions.
But no one was so bitterly reproached as the Elector of Saxony, who was publicly denounced as a deserter, a traitor to religion and the liberties of the Empire, and a confederate of the Emperor.
