14. Ac cum abstinentia carnium, quae non abominationis sed temperantiae causa suscipitur, per se bona et ad carnem castigandam apta sit, ac etiam publica utilitas postulet ut certis temporibus a carnibus abstineamus cum alias pecora ad assiduum carnium esum sufficere vix possint, mos et institutum veteris Ecclesiae diebus ieiuniorum, feria sexta et sabbato a carnibus abstinendo, retineatur.

15. Hanc enim abstinentiam Ecclesia ex nulla superstitione suscepit, quae a cibis quibusdam certis temporibus abstinet, non ob ullam ciborum immunditiam, sciens omnia munda esse mundis et nihil inquinare hominem quod per os ingreditur, sed ad edomandam carnem ut anima a pravis cupiditatibus et a malis motibus melius humilietur: eamque abstinentiam praecipue diebus feriae sextae et sabbati indixit, ut homines ad cultum Deo debitum persolvendum, ad auditionem verbi Dei et ad sacrosanctae Eucharistiae perceptionem, quae olim frequentior diebus dominicis servabatur, biduana abstinentia praeparati magis idonei et digniores accederent: et ut hac voluntaria castigatione quasi cum Christo (cuius passionis memoria his diebus potissimum a fidelibus recolitur) carnem suam crucifigerent.

16. Consueta etiam Ecclesiae ieiunia observentur, sed ita tamen ut non astringantur quos necessitas excusat: quales sunt qui gravioribus laboribus exhauriuntur, et peregrinantes, item gravidae mulieres, lactantes, pueri, senes, aegroti.

17. Nec improbetur benedictio earum rerum quae exorcismis et orationibus ad usum hominum praeparantur, dummodo operationes quae inde nascuntur non rebus ipsis sed divinae virtuti tribuantur: et caveatur ne eaedem ad ullum incantationis aut superstitionis genus transferantur.

18. Et quamquam cum Apostolo sentiendum, eum qui coelebs est curare quae sunt Domini, &c., eoque magis optandum multos inveniri clericos qui cum coelibes sint, vere etiam contineant: tamen quum multi qui ministerii ecclesiastici functiones tenent iam multis in locis duxerint uxores, quas a se dimittere nolint: super ea re generalis Concilii sententia exspectetur, cum alioqui mutatio in ea re, ut nunc sunt tempora, sine gravi rerum perturbatione nunc fieri non possit.

19. Illud tamen negandum non est, etsi coniugium per se honorabile est, iuxta Scripturam: eum tamen, qui non ducit uxorem et vere continet, melius facere secundum Scripturam.

20. Eadem est ratio usus Eucharistiae sub utraque specie

cui multi etiam assueverunt et ab eo avelli sine gravi rerum motu hoc tempore non possunt : et quia Concilium Oecumenicum, cui omnes Imperii Status se submiserunt, proculdubio piam et sollicitam curam adhibebit, ut in hoc casu conscientiis multorum et publicae tranquillitati optime consulatur, qui usum utriusque speciei antehac receperunt eumque relinquere nolunt, super ea quoque re deliberationem et sententiam Oecumenici Consilii exspectent.

21. Hi tamen qui utriusque speciei usum amplectuntur, illam inveteratam sub una speciei communicandi consuetudinem reprehendere non debent: nec alteri alteros perturbent, donec super ea re Concilium Oecumenicum decreverit.

22. Et quanquam Sacramentum Eucharistiae sub utraque specie institutum est, non tamen sentiendum est Christum in carne dividi, contra quam Scriptura divinitus inspirata tradit, sed sub singulis speciebus integrum contineri.

23. Ac quoniam in Sacramento Eucharistiae est verum Christi corpus et verus Christi sanguis, in hoc Sacramento Christum merito adorari debere.

24. Item Sacramentum Eucharistiae semel verbo Christi consecratum, etiam si asservetur diutius, tamen Sacramentum et corpus et sanguinem Christi remanere donec sumatur.

25. Quae vero ad disciplinam cleri et populi pertinent, videntur cum primis necessaria esse ad tollenda ex ecclesiis scandala quae dant magnam causam horum temporum perturbationi, id quod res ipsa loquitur. Itaque si quam ecclesiis utilem reformationem C. M. procuraverit, tantum abest ut quisquam sanctae religionis nostrae et publicae tranquillitatis studiosus repudiare eam velit, ut omnes etiam pro ea citius promovenda et procuranda C. M. obnixe et summa ope

laborare debeant.

XLV

THE PEACE OF AUGSBURG

While the Emperor was enforcing the Interim, Germany became doubly aggrieved, (1) at his policy of religious oppression ; (2) at his endeavour to exchange constitutional rule for Spanish absolutism. Paul III, tio Nov. 1549, resented his intrusion into things spiritual; Imperatorem,' said the Curia, hunc Carolum usurpasse sibi omnem iurisdictionem ecclesiasticam' (Massarelli, Diarium, iv [25 June 1548], ap. Conc. Trid. Diariorum Nova Collectio, i. 775, ed. Societas Goerresiana). The new Pope, Julius III, 7 Feb. 1550-+23 March 1555, though an imperialist, was alienated by the pressure which the Emperor put on the

Council, now resumed at Trent, 1 May 1551-28 April 1552; Ferdinand by his scheme for diverting the succession to the Empire from the Austrian to the Spanish Hapsburgs; and Maurice by the consciousness that, as he was held responsible for the imprisonment of his relatives, the Elector and the Landgrave, he had his character to redeem in the eyes of Germany. Maurice changed sides again. By the treaty of Chambord, 15 Jan. 1552 (Dumont, Corps diplomatique, IV. i. 31 sqq.), which made over to France the three frontier bishoprics of Metz, Toul, and Verdun, he induced Henry II, 1547-+59, to take the field in Lorraine, March 1552, as 'Protector of the liberties of Germany and its captive Princes'. Then, 4 April, he seized Augsburg, and compelled the Emperor to take refuge beyond the Alps at Villach in Carinthia. Charles left it to his brother Ferdinand to arrange terms by, 2 Aug. 1552, the Convention of Passau (Dumont, IV. i. 42): and, after three more years of strife, this became the basis of an ambiguous but lasting settlement in, 25 Sept. 1555, the Peace of Augsburg (Brandi, Briefe und Akten zur Geschichte des xviten Jahrhunderts, iv. No. 671; translated in Emil Reich, Select Documents illustrating Mediaeval and Modern History, 230 sqq.). By it Lutheranism obtained legal recognition. True, it was a maimed victory, for territorialism not for toleration. No subject secured religious freedom; no Calvinist recognition. Only a lay Prince of the Empire acquired the right to worship, and make his subjects worship, according to the Confession of Augsburg. By the Ecclesiastical Reservation [§ 18 infra], if a Spiritual Prince deserted 'the old religion', he forfeited his lands and status. Yet even this limited victory for Cuius regio, eius religio was a step gained : the first step on the road to religious liberty.

No. 149. The Peace of Augsburg, 25 Sept. 1555.

§ 15. In order to bring peace into the holy Empire of the Germanic Nation between the Roman Imperial Majesty and the Electors, Princes, and Estates: let neither his Imperial Majesty nor the Electors, Princes, &c., do any violence or harm to any estate of the Empire on account of the Augsburg Confession, but let them enjoy their religious belief, liturgy and ceremonies as well as their estates and other rights and privileges in peace; and complete religious peace shall be obtained only by Christian means of amity, or under threat of the punishment of the imperial ban.

§ 16. Likewise the Estates espousing the Augsburg Confession shall let all the Estates and Princes who cling to the old religion live in absolute peace and in the enjoyment of all their estates, rights and privileges.

§ 17. However, all such as do not belong to the two above

named religions shall not be included in the present peace but be totally excluded from it.

§ 18. And since it has proved to be matter of great dispute what was to happen with the bishoprics, priories, and other ecclesiastical benefices of such Catholic priests as would in course of time abandon the old religion, we have in virtue of the powers of Roman Emperors ordained as follows: Where an archbishop, bishop or prelate or any other priest of our old religion shall abandon the same, his archbishopric, bishopric, prelacy, and other benefices, together with all their income and revenues which he has so far possessed, shall be abandoned by him without any further objection or delay. The chapters and such as are entitled to it by common law or the custom of the place shall elect a person espousing the old religion, who may enter on the possession and enjoyment of all the rights and incomes of the place without any further hindrance and without prejudging any ultimate amicable settlement of religion.

§ 19. Some of the abbeys, monasteries, and other ecclesiastical estates having been confiscated and turned into churches, schools, and charitable institutions, it is herewith ordained that such estates as their original owners had not possessed at the time of the treaty of Passau shall be comprised in the present treaty of peace.

$20. The ecclesiastical jurisdiction over the Augsburg Confession, doctrine, appointment of ministers, church usages, orders, and ceremonies hitherto practised (but apart from all the rights of the Electors, Princes and Estates, Colleges and Monasteries, to taxes in money or tithes) shall from now cease, and the Augsburg Confession shall be left to the free and untrammelled enjoyment of their religion, ceremonies, appointment of ministers, as is stated in a subsequent separate article, until the final settlement of religion shall take place.

$23. No Estate shall try to persuade the subjects of other Estates to abandon their religion nor protect them against their own magistrates. Such as had from olden times the rights of patronage are not included in the present article.

$24. In case our subjects, whether belonging to the old religion or to the Augsburg Confession, should intend leaving their homes, with their wives and children, in order to settle in another place, they shall neither be hindered in the sale of their estates after due payment of the local taxes nor injured in their honour. . . .

PART II. REFORMED

A. ZWINGLI AND CALVIN

I

SWITZERLAND IN 1513

Switzerland in 1513 was the seat of a Confederation of thirteen

cantons.

(i) Geographically, all lay north and west of the line which runs from NE. to SW. and is formed in the one direction by the upper valley of the Rhine, and, in the other, of the Rhone. All too, save Freiburg, were contained in the district bounded by the head-waters of the Rhine and by its tributary the Aar. Thus, twelve belonged to Rhineland and were German-speaking. To the south-west, between the lakes of Neuchâtel and Geneva, lay the thirteenth, Freiburg; and, beyond it, districts opening out towards France and Savoy. They were French-speaking.

(ii) Politically, the Confederation arose out of conflict with the House of Hapsburg; and began, 1 Aug. 1291, with a league of three cantons, Uri, Schwyz, and Unterwalden (Oechsli, Quellenbuch zur Schweizergeschichte?, i. No. 21). These were per

manently united, 9 Dec. 1315, in the league of the Three Forest Cantons (ibid., No. 30). By the admission, 7 Nov. 1332, of Luzern (ibid., No. 34), they became four, round the Vierwaldstättersee; and by the addition, 27 June 1352, of Zug (ibid., No. 43), the Five Forest Cantons. The five were presently increased to eight, when they extended their alliance, 4 June 1352, to Glarus (ibid., No. 41), and the two Imperial Cities of, 1 May 1351, Zürich (ibid., No. 39), and, 6 March 1353, Bern (ibid., No. 44). The Confederation, famous already for the victories by which it had vindicated its independence, increased its membership by, 22 Dec. 1481, treaty with Freiburg and Solothurn (ibid., No. 82), and its military reputation by conquests: till, after the inclusion, 9 June 1501, of a third Imperial City, Basel (ibid., No. 99), and, 10 Aug. 1501, of Schaffhausen (ibid., No. 102), the Confederates were honoured, 5 July 1512, by a bull of Julius II (ibid., No. 106) with the title Defensores ecclesiasticae libertatis, and courted by the great powers of Europe as, 11 Aug. 1512, at [No. 150] the Diet of Baden (ibid., No. 106). Next year, 17 Dec. 1513, by [No. 151] the League with Appenzell (ibid., No. 109), the Confederation reached the limit at which it remained for three hundred years, of thirteen cantons-practically, though not technically, free of the Empire. This freedom had much to do with the rapid growth of movements for reform in Switzerland by contrast with their slower progress in Germany.