ng a separate
treaty with Austria.

He, indeed, had commenced his negociations with the Emperor, even before
the battle of Nordlingen; and the unfortunate issue of that battle only
accelerated their conclusion. By it, all his confidence in the Swedes
was lost; and it was even doubted whether they would ever recover from
the blow. The jealousies among their generals, the insubordination of
the army, and the exhaustion of the Swedish kingdom, shut out any
reasonable prospect of effective assistance on their part. The Elector
hastened, therefore, to profit by the Emperor's magnanimity, who, even
after the battle of Nordlingen, did not recall the conditions previously
offered. While Oxenstiern, who had assembled the estates in Frankfort,
made further demands upon them and him, the Emperor, on the contrary,
made concessions; and therefore it required no long consideration to
decide between them.

In the mean time, however, he was anxious to escape the charge of
sacrificing the common cause and attending only to his own interests.
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 Restituti