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Gregory Brown
513 Agnes Arnold Hall
Department of Philosophy
University of Houston
Houston, TX 77204-3004

Treaty of Wesphalia (1648)

The European settlements of 1648, which brought to an end the Eighty Years' War between Spain and the Dutch and the German phase of the Thirty Years' War. The peace was negotiated, from 1644, in the Westphalian towns of Münster and Osnabrück. The Spanish-Dutch treaty was signed on Jan. 30, 1648. The treaty of Oct. 24, 1648, comprehended the Holy Roman emperor Ferdinand III, the other German princes, France, and Sweden. England, Poland, Muscovy, and Turkey were the only European powers that were not represented at the two assemblies.

The delegates.

The chief representative of the Holy Roman emperor was Count Maximilian von Trautmansdorff, to whose sagacity the conclusion of peace was largely due. The French envoys were nominally under Henri d'Orléans, Duke de Longueville, but the Marquis de Sablé and the Count d'Avaux were the real agents of France. Sweden was represented by John Oxenstierna, son of the chancellor of that name, and by John Adler Salvius, who had previously acted for Sweden at Hamburg. The papal nuncio was Fabio Chigi, later Pope Alexander VII. Brandenburg, represented by Count Johann von Sayn-Wittgenstein, played the foremost part among the Protestant states of the empire. On June 1, 1645, France and Sweden brought forward propositions of peace, which were discussed by the estates of the empire from October 1645 to April 1646. The settlement of religious matters was effected between February 1646 and March 1648. The war continued during the deliberations.

The decisions.

Under the terms of the peace settlement, a number of countries received territories or were confirmed in their sovereignty over territories. The territorial clauses all favoured Sweden, France, and their allies. Sweden obtained western Pomerania (with the city of Stettin), the port of Wismar, the archbishopric of Bremen, and the bishopric of Verden. These gains gave Sweden control of the Baltic Sea and the estuaries of the Oder, Elbe, and Weser rivers. France obtained sovereignty over Alsace and was confirmed in its possession of Metz, Toul, and Verdun, which it had seized a century before; France thus gained a firm frontier west of the Rhine River. Brandenburg obtained eastern Pomerania and several other smaller territories. Bavaria was able to keep the Upper Palatinate, while the Rhenish Palatinate was restored to Charles Louis, the son of the elector palatine Frederick V. Two other important results of the territorial settlement were the confirmation of the United Provinces of the Netherlands and the Swiss Confederation as independent republics, thus formally recognizing a status which those two states had actually held for many decades. Apart from these territorial changes, a universal and unconditional amnesty to all those who had been deprived of their possessions was declared, and it was decreed that all secular lands (with specified exceptions) should be restored to those who had held them in 1618.

Even more important than the territorial redistribution was the ecclesiastical settlement. The Peace of Westphalia confirmed the Peace of Augsburg (1555), which had granted Lutherans religious tolerance in the empire and which had been rescinded by the Holy Roman emperor Ferdinand II in his Edict of Restitution (1629). Moreover, the peace settlement extended the Peace of Augsburg's provisions for religious toleration to the Reformed (Calvinist) church, thus securing toleration for the three great religious communities of the empire—Roman Catholic, Lutheran, and Calvinist. Within these limits the member states of the empire were bound to allow at least private worship, liberty of conscience, and the right of emigration to all religious minorities and dissidents within their domains. These measures of toleration did not extend to non-Catholics in the hereditary lands of the house of Habsburg, however.

The difficult question of the ownership of spiritual lands was decided by a compromise. The year 1624 was declared the “standard year? according to which territories should be deemed to be in Roman Catholic or Protestant possession. By the important provision that a prince should forfeit his lands if he changed his religion, an obstacle was placed in the way of a further spread both of the Reformation and the Counter-Reformation. The declaration that all protests or vetoes of the Peace of Westphalia by whomsoever pronounced should be null and void dealt a blow at the intervention of the Roman Curia in German affairs.

The constitutional changes made by the treaty had far-reaching effects. For Germany, the settlement ended the century-long struggle between the monarchical tendencies of the Holy Roman emperors and the federalistic aspirations of the empire's German princes. The Peace of Westphalia recognized the full territorial sovereignty of the member states of the empire. They were empowered to contract treaties with one another and with foreign powers, provided that the emperor and the empire suffered no prejudice. By this and other changes the princes of the empire became absolute sovereigns in their own dominions. The Holy Roman emperor and the Diet were left with a mere shadow of their former power.

Not only was the central authority of the empire replaced almost entirely by the sovereignty of about 300 princes but the power of the empire was materially weakened in other ways. It lost about 40,000 square miles (100,000 square km) of territory and obtained a frontier against France that was incapable of defense. Sweden and France as guarantors of the peace acquired the right of interference in the affairs of the empire, and Sweden also gained a voice in its councils (as a member of the Diet). For many years Germany thus became the principal theatre of European diplomacy and war, and the natural development of German national unity was delayed. But if the Treaty of Westphalia pronounced the dissolution of the old order in the empire, it facilitated the growth of new powers in its component parts, especially Austria, Bavaria, and Brandenburg. The treaty was recognized as a fundamental law of the German constitution and formed the basis of all subsequent treaties until the dissolution of the Holy Roman Empire in 1806.

Copyright © 1994-2002 Encyclopædia Britannica, Inc.

Sources

  • Encylopedia Britannica 2002, Expanded Edition DVD

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