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466                              POLITICAL SCIENCE.
In the protestant states of Germany the attitude of the civil
power towards religion was much the same as in England.
The maxim was cujus regie ejus retigio. In fact, all the states
Catholic and Protestant, might unite in this rule, as the for-
mer would do nothing contrary to the fundamental principles
of their church. The lord of the land, by the peace of Augs-
burg (iSSS), was obliged to grant to subjects professing a
religion different from his own the liberty of emigrating with-
out loss of goods. The peace of Westphalia (1642) granted
the special right to certain protestant nobles and the town
of Breslau, of enjoying protestant \vorship under Austrian
sway ; but in general it only renewed the jus reformandi of
the older treaty. Those subjects of a religion unlike that of
their prince, who had no public or domestic right of worship
in 1624, or who should change their religion after the peace,
had liberty of conscience and the civil advantages of other
citizens; but their rights of worship were very limited, and
they might be compelled to emigrate by their sovereign,
The last instance of this kind, we believe, occurred in 1731,
when thirty thousand members of protestant communities
were driven out of Salzburg by the prince-bishop of that
territory, on the ground that they could not show that their
religious rights extended back beyond the year 1624, the
normal year fixed by the peace of Westphalia.
The Scottish kirk has had a theory of its relations towards
Theory of church the state separating it in a degree from other
and   state   in   the                                          ,                 ,                     ', .                 ,
Scottish kirk. Protestant churches and approaching to that
of the Catholic church. The great points of the theory are
that the church is constituted by Christ; that it is a denial
of his headship to maintain that the church can be instituted
by the civil power ; that it is therefore an assumption of the
rights of Christ when a government undertakes to regulate
the internal affairs of a church, and thus an assumption and
wrong done to the church when a lay patron exercises the
right of nominating and appointing a minister in a parish—a
right which takes away from the church members and the
church authorities their just power, These principles, and