Cuius regio, eius religio
Encyclopedia
Cuius regio, eius religio is a phrase in Latin translated as "Whose realm, his religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

", meaning the religion of the ruler dictated the religion of the ruled (see: jus reformandi = right to reform, right of reformation). The rulers of the German-speaking states and Charles V, Holy Roman Emperor
Charles V, Holy Roman Emperor
Charles V was ruler of the Holy Roman Empire from 1519 and, as Charles I, of the Spanish Empire from 1516 until his voluntary retirement and abdication in favor of his younger brother Ferdinand I and his son Philip II in 1556.As...

, agreed to the principle in the Peace of Augsburg
Peace of Augsburg
The Peace of Augsburg, also called the Augsburg Settlement, was a treaty between Charles V and the forces of the Schmalkaldic League, an alliance of Lutheran princes, on September 25, 1555, at the imperial city of Augsburg, now in present-day Bavaria, Germany.It officially ended the religious...

 (1555), which ended armed conflict between the Catholic and Protestant forces in the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...

. The principle applied to most of the territories of the Empire, with the exception of the several of the sovereign families and Imperial cities and the Ecclesiastical principalities, whose issues were addressed under separate principles (see Ecclesiastical reservation and Declaratio Ferdinandei
Declaratio Ferdinandei
The Declaratio Ferdinandei was a clause in the Peace of Augsburg, signed in 1555 to end conflicts between Catholics and Protestants within the Holy Roman Empire. The Peace created the principle of Cuius regio, eius religio , which meant that the religion of the ruler decided the religion of the...

).

The principle only extended legitimacy to two religions within the Empire, Catholicism
Catholicism
Catholicism is a broad term for the body of the Catholic faith, its theologies and doctrines, its liturgical, ethical, spiritual, and behavioral characteristics, as well as a religious people as a whole....

 and Lutheranism
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...

, leaving out such reformed religions as Calvinism
Calvinism
Calvinism is a Protestant theological system and an approach to the Christian life...

, and such radical religions as Anabaptism; any other practice of worship beyond the two legal forms was expressly forbidden and legally considered a heresy
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...

, a crime punishable by death. Although not intended to offer the modern idea of "freedom of conscience," individuals who could not subscribe to the prince's religion were permitted to leave the territory with their possessions.

The Peace of Augsburg (1555) generally, and the principle of cuius regio, eius religio specifically, marked the end of the first wave of organized military action between Protestants and Catholics; however, its limitations did not address the emerging trend toward religious pluralism (co-existence within a single territory) developing throughout the German-speaking lands of the Holy Roman Empire.

Religious divisions in the Empire

Prior to the 16th century, there had been one faith in European Christendom, and that was the Catholic faith. Martin Luther's
Martin Luther
Martin Luther was a German priest, professor of theology and iconic figure of the Protestant Reformation. He strongly disputed the claim that freedom from God's punishment for sin could be purchased with money. He confronted indulgence salesman Johann Tetzel with his Ninety-Five Theses in 1517...

 agenda at first called for the reform of the Catholic Church, but was not necessarily a rejection of the faith per se. Later on, Luther's movement broke away from the Catholic Church and formed the Lutheran denomination
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...

. Initially dismissed by the Holy Roman Emperor Charles V as an inconsequential argument between monks, the idea of a religious reformation accentuated controversies and problems in many of the territories of the Holy Roman Empire, which became engulfed in the ensuing controversy. The new Protestant theology galvanized social action in the Peasant Revolts (1524–1526), which were brutally repressed and the popular political and religious movement crushed. In 1531, fearful of a repetition of similar suppression against themselves, several Lutheran princes formed the Schmalkaldic League
Schmalkaldic League
The Schmalkaldic League was a defensive alliance of Lutheran princes within the Holy Roman Empire during the mid-16th century. Although originally started for religious motives soon after the start of the Protestant Reformation, its members eventually intended for the League to replace the Holy...

, an alliance through which they agreed to protect themselves and each other from territorial encroachment, and which functioned as a political alliance against Catholic princes and armies.

It was broadly understood by princes and Catholic clergy alike that growing institutional abuse
Institutional abuse
Institutional abuse can typically occur in a care home, nursing home, acute hospital or in-patient setting and can be any of the following:Institutional abuse also refers to child abuse in institutions where children were placed for their education, welfare, rehabilitation, or even protection...

s within the Catholic Church hindered the practices of the faithful. In 1537, Pope Paul III
Pope Paul III
Pope Paul III , born Alessandro Farnese, was Pope of the Roman Catholic Church from 1534 to his death in 1549. He came to the papal throne in an era following the sack of Rome in 1527 and rife with uncertainties in the Catholic Church following the Protestant Reformation...

 had called a council to examine the abuses and to suggest and implement reforms. In addition, he instituted several internal reforms. Despite these efforts, and the cooperation of Charles V, and rapprochement of the Protestants with Catholicism foundered on different concepts of ecclesiology and the principle of justification
Justification (theology)
Rising out of the Protestant Reformation, Justification is the chief article of faith describing God's act of declaring or making a sinner righteous through Christ's atoning sacrifice....

. In the same year, the Schmalkaldic League called its own council, and posited several precepts of faith; Luther was present, but too ill to attend the meetings. When the delegates met again, this time in Regensburg
Regensburg
Regensburg is a city in Bavaria, Germany, located at the confluence of the Danube and Regen rivers, at the northernmost bend in the Danube. To the east lies the Bavarian Forest. Regensburg is the capital of the Bavarian administrative region Upper Palatinate...

 in 1540–41, representatives could agree on the doctrine of faith and justification, but not on the number of sacraments, especially whether or not confession/absolution was sacramental, and they differed widely on definition of "church". Catholic and Lutheran adherents seemed further apart than ever; in only a few towns and cities were Lutherans and Catholics able to live together in even a semblance of harmony. By 1548, political disagreements overlapped with religious issues, making any kind of agreement seem remote.

In 1548 Charles declared an interreligio imperialis (also known as the Augsburg Interim
Augsburg Interim
The Augsburg Interim is the general term given to an imperial decree ordered on May 15, 1548, at the 1548 Diet of Augsburg, after Charles V, Holy Roman Emperor, had defeated the forces of the Schmalkaldic League in the Schmalkaldic War of 1546/47...

) through which he sought to find some common ground. This effort succeeded in alienating Protestant and Catholic princes and the Curia; even Charles, whose decree it was, was unhappy with the political and diplomatic dimensions of what amounted to half of a religious settlement. The 1551–52 sessions convened by Pope Julius III
Pope Julius III
Pope Julius III , born Giovanni Maria Ciocchi del Monte, was Pope from 7 February 1550 to 1555....

 at the Catholic Council of Trent
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...

 restated and reaffirmed Catholic teaching and condemned anew the Protestant heresies. The Council was an important part in the inter-ecclesiastical reform of the Catholic Church and further advanced the Catholic Reformation.

Augsburg Diet

Catholic and Protestant ideology seemed further apart than ever. Charles' interim solution satisfied no one. He ordered a general Diet in Augsburg at which the various states would discuss the religious problem and its solution; (this should not be confused with the Diet of Augsburg
Diet of Augsburg
The Diet of Augsburg were the meetings of the Imperial Diet of the Holy Roman Empire in the German city of Augsburg. There were many such sessions, but the three meetings during the Reformation and the ensuing religious wars between the Roman Catholic emperor Charles V and the Protestant...

 in 1530). He himself did not attend, and delegated authority to his brother, Ferdinand, to "act and settle" disputes of territory, religion and local power. At the conference, Ferdinand cajoled, persuaded and threatened the various representatives into agreement on three important principles. Cuius regio, eius religio, Ecclesiastical reservation, and the Declaration of Ferdinand.

Cuius regio, eius religio

The principle of Cuius regio, eius religio provided for internal religious unity within a state: The religion of the prince became the religion of the state and all its inhabitants. Those inhabitants who could not conform to the prince's religion were allowed to leave, an innovative idea in the 16th century; this principle was discussed at length by the various delegates, who finally reached agreement on the specifics of its wording after examining the problem and the proposed solution from every possible angle.Cuius regio, eius religio went against earlier Catholic teaching which held that the kings should faithfully obey the pope. This obedience was thought to produce greater fruits of cooperation and less political infighting and fewer church divisions. The phrase cuius regio, eius religio as applied to the outcome is attributed to the early seventeenth century (1612, by the jurist Joachim Stephani (1544–1623) of the University of Greifswald).

Second and third principles of Augsburg Peace

The second principle covered the special status of the ecclesiastical states, called the ecclesiastical reservation
Reservatum ecclesiasticum
The reservatum ecclesiasticum was a measure inserted into the Peace of Augsburg of 1555 to balance the principal proviso of cuius regio, eius religio in ecclesiastical lands...

, or reservatum ecclesiasticum. If the prelate of an ecclesiastic state changed his religion, the men and women living in that state did not have to do so. Instead, the prelate was expected to resign from his post, although this was not spelled out in the agreement.

The third principle, known as Ferdinand's declaration
Declaratio Ferdinandei
The Declaratio Ferdinandei was a clause in the Peace of Augsburg, signed in 1555 to end conflicts between Catholics and Protestants within the Holy Roman Empire. The Peace created the principle of Cuius regio, eius religio , which meant that the religion of the ruler decided the religion of the...

, exempted knights and some of the cities from the requirement of religious uniformity, if the reformed religion had been practiced there since the mid-1520s, allowing for a few mixed cities and towns where Catholics and Lutherans had lived together. It also protected the authority of the princely families, the knights and some of the cities to determine what religious uniformity meant in their territories. Ferdinand inserted this at the last minute, on his own authority.

Legal ramifications

After 1555, the Peace of Augsburg became the legitimating legal document governing the co-existence of Lutheran and Catholic faiths in the German lands of the Holy Roman Empire, and it served to ameliorate many of the tensions between followers of the so-called Old Faith and the followers of Luther. It had two fundamental flaws. First, Ferdinand had rushed the article on ecclesiastical reservation through the debate; it had not undergone the scrutiny and discussion that attended the acceptance of Cuius regio, eius religio. Consequently, its wording did not cover all, or even most, potential legal scenarios. His ad hoc Declaratio Ferdinandei was not debated in plenary session at all; instead, using his authority to "act and settle," he had added it at the last minute, responding to lobbying by princely families and knights.
These specific failings came back to haunt the Empire in subsequent decades, perhaps the greatest weakness of the Peace of Augsburg was its failure to take into account the growing diversity of religious expression emerging in the so-called evangelical and reformed traditions. By 1555, the reforms proposed by Luther were no longer the only possibilities of religious expression: Anabaptists, such as the Frisian Menno Simons
Menno Simons
Menno Simons was an Anabaptist religious leader from the Friesland region of the Low Countries. Simons was a contemporary of the Protestant Reformers and his followers became known as Mennonites...

 (1492–1559) and his followers, the followers of John Calvin
John Calvin
John Calvin was an influential French theologian and pastor during the Protestant Reformation. He was a principal figure in the development of the system of Christian theology later called Calvinism. Originally trained as a humanist lawyer, he broke from the Roman Catholic Church around 1530...

, who were particularly strong in the southwest and the northwest, or those followers of Huldrych Zwingli
Huldrych Zwingli
Ulrich Zwingli was a leader of the Reformation in Switzerland. Born during a time of emerging Swiss patriotism and increasing criticism of the Swiss mercenary system, he attended the University of Vienna and the University of Basel, a scholarly centre of humanism...

, were excluded from considerations and protections under the Peace of Augsburg. According to the Religious Peace, their religious beliefs remained heretical.

Application in ecclesiastical territories

No agreement was reached on the question of whether Catholic bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...

s and abbot
Abbot
The word abbot, meaning father, is a title given to the head of a monastery in various traditions, including Christianity. The office may also be given as an honorary title to a clergyman who is not actually the head of a monastery...

s who became Lutheran should lose their offices and incomes, until the reservatum ecclesiasticum
Reservatum ecclesiasticum
The reservatum ecclesiasticum was a measure inserted into the Peace of Augsburg of 1555 to balance the principal proviso of cuius regio, eius religio in ecclesiastical lands...

 was inserted by imperial decree. The validity of this insertion was contested in a five-year war between the Protestant-convert Archbishop-Elector of Cologne, Gebhard Truchsess von Waldburg
Gebhard Truchsess von Waldburg
Gebhard Truchsess von Waldburg was Archbishop-Elector of Cologne. After pursuing an ecclesiastical career, he won a close election in the Cathedral chapter of Cologne over Ernst of Bavaria. After his election, he fell in love with and later married Agnes von Mansfeld-Eisleben, a Protestant...

, and his Catholic-replacement Ernest of Bavaria
Ernest of Bavaria
Ernest of Bavaria was Prince-elector-archbishop of the Archbishopric of Cologne from 1583 to 1612 as successor of the expelled Gebhard Truchsess von Waldburg. He was also bishop of Münster, Hildesheim, Freising and Liège....

, with the latter's victory upholding it.

The ideal of individual religious tolerance on a national level was, however, not addressed: neither the Reformed nor Radical churches (Calvinists
Calvinism
Calvinism is a Protestant theological system and an approach to the Christian life...

 and Anabaptist
Anabaptist
Anabaptists are Protestant Christians of the Radical Reformation of 16th-century Europe, and their direct descendants, particularly the Amish, Brethren, Hutterites, and Mennonites....

s being the prime examples) were protected under the peace (and Anabaptists would reject the principle of cuius regio eius religio in any case). Many Protestant groups living under the rule of a Lutheran prince still found themselves in danger of the charge of heresy
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...

. Tolerance was not officially extended to Calvinists until the Peace of Westphalia
Peace of Westphalia
The Peace of Westphalia was a series of peace treaties signed between May and October of 1648 in Osnabrück and Münster. These treaties ended the Thirty Years' War in the Holy Roman Empire, and the Eighty Years' War between Spain and the Dutch Republic, with Spain formally recognizing the...

 in 1648, and most Anabaptists eventually relocated to the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...

or were exterminated.

Further reading

  • Brady, Thomas, et al. (1995). Handbook of European history, 1400–1600, v. 2. Leiden: Brill. ISBN 978900409761
  • Brodek, Theodor V (1971). "Socio-Political Realities of the Holy Roman Empire". Journal of Interdisciplinary History 1 (3): 395–405. 1971.
  • Sutherland, N.M. . "Origins of the Thirty Years War and the Structure of European Politics". The English Historical Review 107 (424): 587–625. 1992.
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