Treaty of Westphalia

Ratification of the Treaty of Münster.

The term Peace of Westphalia refers to the two peace treaties of Osnabrück and Münster, signed on May 15 and October 24, 1648, respectively, and written in Latin, that ended both the Thirty Years' War in Holy Roman Empire (today mostly Germany) and the Eighty Years' War between Spain and the Republic of the Seven United Netherlands. The treaties involved the Holy Roman Emperor, Ferdinand III (Habsburg), the Kingdoms of Spain, France and Sweden, the Netherlands and their respective allies among the princes and the republican Imperial States of the Holy Roman Empire.

The Peace of Westphalia resulted from the first modern diplomatic congress and initiated a new order in central Europe based on the concept of state sovereignty. Until 1806, the regulations became part of the constitutional laws of the Holy Roman Empire. The Treaty of the Pyrenees, signed in 1659, ended the war between France and Spain and is often considered part of the overall accord.

Contents

Locations

Peace negotiations between France and the Habsburgs, providing the Holy Roman Emperor and Spanish King, were to be started in Cologne in 1636, but blocked by France, with its foreign minister Richelieu striving for a participation of all its allies, be they other sovereign or Imperial States within the Holy Roman Empire. In Hamburg and Lübeck Sweden and the Emperor were negotiating the conclusion of a peace treaty, but Sweden – after intervention of Richelieu – then stipulated with the Empire the Treaty of Hamburg (25 December 1641).

Therein Empire and Sweden declared the preparations of Cologne and the Treaty of Hamburg to be preliminaries of an overall peace agreement, which should be negotiated in the two neighboured Westphalian cities of Münster and Osnabrück, becoming neutralised and demilitarised for the time of negotiations. The former being since its re-Catholisation in 1535 a strictly monodenominational community and housing the Chapter of the Prince-Bishopric of Münster. Only Roman Catholic worship was permitted, thus no places of worship were provided for Calvinists and Lutherans.

Osnabrück was a bidenominational Lutheran and Catholic city, with two Lutheran and two Catholic churches for its prevailingly Lutheran burghers and exclusively Lutheran city council and the Catholic Chapter of the Prince-Bishopric of Osnabrück with pertaining other clergy and also other Catholic inhabitants. In the years of 1628-1633 Osnabrück had been subjected by troops of the Catholic League and the Catholic Prince-Bishop Franz Wilhelm, Count of Wartenberg, imposed the Counter-Reformation onto the city with many Lutheran burgher families being exiled. While under following Swedish occupation Osnabrücks's Catholics were not expelled, but the city severely suffered from Swedish war contributions. Therefore Osnabrück hoped for a great relief becoming neutralised and demilitarised.

Both cities strove for more autonomy, at best for becoming Free Imperial Cities, so they welcomed the peace negotiations, their neutrality and the prohibition of all political influence by parties of the War, including their overlords, the respective prince-bishops, as they were.

While Lutheran Sweden preferred Osnabrück as place of conference, its peace negotiations with the Empire, including the respective allies of both, took place in Osnabrück, the Empire and its opponent France, including again their respective allies, and the Republic of the Seven United Netherlands and its opponent Spain (and their respective allies) negotiated in Münster.1

Delegations

The peace negotiations had no exact beginning and ending, because the particpating total of 109 delegations never met in a plenary session, but dropped in between 1643 and 1646 and left between 1647 and 1649. Between January 1646 and July 1647 probably the largest number of diplomats were present. Delegations have been sent by 16 European states, sixty-six Imperial States, representing the interests of a total of 140 involved Imperial States, and 27 interest groups, representing the interests of a variety of a total of 38 groups.2

The French delegation was headed by Henri II d'Orléans, duc de Longueville and further comprised the diplomats Claude d'Avaux and Abel Servien. The Swedes plenipotentiaries sent Johan Oxenstierna, the son of chancellor Axel Oxenstierna, and Johann Adler Salvius. The head of the delegation of the Holy Roman Empire for both cities was Count Maximilian von Trautmansdorff; in Münster, his aides were Johann Ludwig von Nassau-Hadamar and Isaak Volmar (a lawyer); in Osnabrück, his team comprised Johann Maximilian von Lamberg and Reichshofrat Johann Krane, a lawyer. The Spanish delegation was headed by Gaspar de Bracamonte y Guzmán. The nuntius of Cologne, Fabio Chigi, and the Venetian envoy Alvise Contarini acted as mediators. Various Imperial States of the Holy Roman Empire also sent delegations. Brandenburg sent several representatives, including Vollmar and Joachim Friedrich von Blumenthal. The Republic of the Seven United Netherlands sent a delegation of eight, and Johann Rudolf Wettstein, the mayor of Basel, represented the Old Swiss Confederacy.

Results

Internal political boundaries

A simplified map of Europe after the Peace of Westphalia in 1648.

The power taken by Ferdinand III in contravention of the Holy Roman Empire's constitution was stripped and returned to the rulers of the Imperial States. This rectification allowed the rulers of the Imperial States to independently decide their religious worship. Protestants and Catholics were redefined as equal before the law, and Calvinism was given legal recognition. 3 4

Tenets

The main tenets of the Peace of Westphalia were:

  • All parties would recognize the Peace of Augsburg of 1555, in which each prince would have the right to determine the religion of his own state, the options being Catholicism, Lutheranism, and now Calvinism (the principle of cuius regio, eius religio). 3 4
  • Christians living in principalities where their denomination was not the established church were guaranteed the right to practice their faith in public during allotted hours and in private at their will. 3
Holy Roman Empire in 1648.

There were also territorial adjustments:

  • The independence of the city of Bremen was clarified.
  • Barriers to trade and commerce erected during the war were abolished, and 'a degree' of free navigation was guaranteed on the Rhine. 5

References

  1. ^ Konrad Repgen, 'Negotiating the Peace of Westphalia: A Survey with an Examination of the Major Problems', In: 1648: War and Peace in Europe: 3 vols. (Catalogue of the 26th exhibition of the Council of Europe, on the Peace of Westphalia), Klaus Bußmann and Heinz Schilling (eds.) on behalf of the Veranstaltungsgesellschaft 350 Jahre Westfälischer Friede, Münster and Osnabrück: no publ., 1998, 'Essay Volume 1: Politics, Religion, Law and Society', pp. 355-372, here pp. 355seq.
  2. ^ Konrad Repgen, 'Negotiating the Peace of Westphalia: A Survey with an Examination of the Major Problems', In: 1648: War and Peace in Europe: 3 vols. (Catalogue of the 26th exhibition of the Council of Europe, on the Peace of Westphalia), Klaus Bußmann and Heinz Schilling (eds.) on behalf of the Veranstaltungsgesellschaft 350 Jahre Westfälischer Friede, Münster and Osnabrück: no publ., 1998, 'Essay Volume 1: Politics, Religion, Law and Society', pp. 355-372, here p. 356.
  3. ^ a b c Treaty of Munich 1648
  4. ^ a b Barro, RJ and McCleary, RM 'Which Countries have State Religions? Page 5. http://economics.uchicago.edu/download/state_religion_03-03.pdf - URL Accessed 7 November 2006
  5. ^ Gross, Leo 'The Peace of Westphalia' The American Journal of International Law Vol. 42 Issue 1 (Jan 1948) pp.20-41

See also

External links

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