The History of the Thirty Years' WarSchiller, Friedrich
History
The History of the Thirty Years' War
Schiller, Friedrich
Europe -- History -- 1517-1648; Thirty Years' War, 1618-1648
But the enemies of the Reformation and of the freedom of the Estates,
vigilant to take advantage of every incident that favoured their
views, soon found means to neutralize the beneficial effects of this
institution. A supreme jurisdiction over the Imperial States was
gradually and skilfully usurped by a private imperial tribunal, the
Aulic Council in Vienna, a court at first intended merely to advise
the Emperor in the exercise of his undoubted, imperial, and personal
prerogatives; a court, whose members being appointed and paid by him,
had no law but the interest of their master, and no standard of equity
but the advancement of the unreformed religion of which they were
partisans. Before the Aulic Council were now brought several suits
originating between Estates differing in religion, and which, therefore,
properly belonged to the Imperial Chamber. It was not surprising if the
decrees of this tribunal bore traces of their origin; if the interests
of the Roman Church and of the Emperor were preferred to justice by
Roman Catholic judges, and the creatures of the Emperor. Although all
the Estates of Germany seemed to have equal cause for resisting so
perilous an abuse, the Protestants alone, who most sensibly felt it, and
even these not all at once and in a body, came forward as the defenders
of German liberty, which the establishment of so arbitrary a tribunal
had outraged in its most sacred point, the administration of justice.
In fact, Germany would have had little cause to congratulate itself
upon the abolition of club-law, and in the institution of the Imperial
Chamber, if an arbitrary tribunal of the Emperor was allowed to
interfere with the latter. The Estates of the German Empire would indeed
have improved little upon the days of barbarism, if the Chamber of
Justice in which they sat along with the Emperor as judges, and for
which they had abandoned their original princely prerogative, should
cease to be a court of the last resort. But the strangest contradictions
were at this date to be found in the minds of men. The name of Emperor,
a remnant of Roman despotism, was still associated with an idea of
autocracy, which, though it formed a ridiculous inconsistency with
the privileges of the Estates, was nevertheless argued for by jurists,
diffused by the partisans of despotism, and believed by the ignorant.
Public-domain text, read in full here on John Shaqi.
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