Peace of westphalia
The term Peace of Westphalia refers to the two peace treaties of Osnabrück and Münster, signed on October 24, 1648, the latter in the Peace Room of the Münster town hall, in the historic region of Westphalia, which ended the Thirty Years' War in Germany and the Eighty Years' War between Spain and the Netherlands. The Holy Roman Emperor (Ferdinand III of Habsburg), the Spanish Monarchy, the kingdoms of France and Sweden, the United Provinces (Netherlands) and their respective allies among the princes of the Holy Roman Empire participated in these treaties.
The Peace of Westphalia gave rise to the first modern diplomatic congress and initiated a new order in central Europe based on the concept of national sovereignty. Several historians assign capital importance to this act, since Westphalia established the principle of that territorial integrity is the foundation of the existence of states, as opposed to the feudal conception that territories and peoples constituted a hereditary patrimony. For this reason, it marked the birth of the nation state.
Until the establishment of the Confederation of the Rhine in 1806, the rules of Westphalia became part of the constitutional laws of the Holy Roman Empire. The guarantees of the Treaty were assumed by the border countries with the Holy Empire: France and Sweden. Without his authorization, no provision could be changed. Thus, the Germans, who lived in more than 300 independent states, could only merge with another state if they had the approval of Sweden and France.
Effects on the countries involved
Holy Roman Empire: In 1640, after almost 30 years, the Imperial Diet met again. This was used by the states of the Empire to accuse Emperor Ferdinand III of Habsburg of overvaluing Spain, while Sweden and especially France pressed in the same direction, to undo the collaboration of the two Habsburg houses.
To weaken the Holy Roman Empire, the main transnational authority of the time, the primacy of the German states was proclaimed over external powers, such as the emperor or the pope. For the Holy Empire, the Peace of Westphalia meant the loss of real power for the emperor and greater autonomy for the more than 300 resulting states.
The Elector of Brandenburg, one of the most influential Protestants, benefited from the support of France. This, determined to weaken the emperor, allowed Brandenburg to seize adjacent territories. He obtained Halberstadt and Minden, through the Treaty of Stettin (1653), Central Pomerania and the Duchy of Magdeburg in 1680. Paradoxically, Prussia, born in 1701 from the merger of Brandenburg and the Duchy of Prussia, would become one of the France's worst enemies.
France: One of the main negotiators was Cardinal Mazarin, Prime Minister of France since 1643. This was the great beneficiary of the Peace of Westphalia. On the one hand, the power of its great continental adversary, the Empire, was reduced, and on the other, it was expanding towards the East with the recognition of the annexation of Metz, Toul and Verdun (occupied in 1552), Breisach, Philippsburg and much of of Alsace as (Belfort, County of Ferrette, the Sudgau and the forty imperial villas of the Landvogtei de Haguenau). The Decapolis and the imperial city of Strasbourg wanted to maintain their independence, which meant new wars between the empire and France. Since September 30, 1681, with the French annexation of Strasbourg. All of Alsace, except the possessions of Lorraine (Sarre-Union and Sarrewerden until 1766), the Principality of Salm (until 1793), Nassau-Saarbrücken (Altwiller, Burbach, Diedendorf, Eywiller, Gœrlingen, Kirrberg and Rauwiller until 1793) and Mulhouse (until 1798), would be in French power. The excessive conditions demanded by Cardinal Mazarin led to the continuation of the Spanish-French war until the Peace of the Pyrenees (1659). After the end of the Franco-Spanish War (1635-1659). France became the hegemonic power in Europe.
The Netherlands: The initial intention of the emperor was to include Spain in the Peace, but pressure from France achieved its neutrality in the war between the two Pyrenean nations. Despite France's efforts to isolate Spain, Spain made peace with the United Provinces of the Netherlands in June 1648, recognizing her independence. This independence was a fact since in 1609, during the reign of Felipe III, the Twelve Years Truce was signed. The Spanish Netherlands, which did not seek independence, continued to belong to the Spanish monarchy until the early 18th century.
Spain: Until the reign of Philip III, Spain had remained the main power in Europe. With Felipe IV, clear signs of decadence are beginning to be seen, which are evident after the Peace of Westphalia. Specifically, as explained in the previous paragraph, the independence of the Republic of Holland must be recognized de iure and the land communication between northern Italy and Belgium (the Spanish Way) must be broken.) when France de facto controlled the territory of Lorraine and southern Alsace.
Sweden: Sweden achieved a hegemonic position in the Baltic Sea that it held for decades. He obtained a large part of Pomerania (partitioned with Brandenburg in the Treaty of Stettin), Wismar, Bremen-Verden, Neukloster and the island of Poel which allowed him to participate in the Imperial Diet.
Denmark: After several lost battles, mainly against Sweden, Denmark was forced to sign peace with it in 1645. Denmark lost many of its possessions in the Baltic and Scandinavia.
Switzerland: The Swiss Confederation was recognized de facto as an independent country of the Holy Roman Empire.
Policies
The Peace of Westphalia led to changes in the foundations of International Law, with important changes aimed at achieving a European balance that would prevent some States from imposing themselves on others. The effects of the Peace of Westphalia continued until the nationalist wars and revolutions of the 19th century.
This treaty meant the disintegration of the Christian republic and the imperialism of Charles V, and also advocated principles such as religious freedom "inter states". Thus, each State adopted as its own and official the religion it had at that time, which is seen as a Catholic concession to the new schisms that, as a political origin, had broken Europe.
Faced with the Spanish and Holy Roman vision of a universitas christiana, French ideas that exalted reason of State as a justification for international action triumphed. The State replaced other international or transnational institutions as the highest authority in international relations. In practice, this meant that the State was no longer subject to moral norms external to itself. Each State had the right to those actions that ensured its aggrandizement.
Consequences of the Peace of Westphalia were the acceptance of the principle of territorial sovereignty, the principle of non-interference in internal affairs and equal treatment among States regardless of its size or strength. In practice, things were somewhat different and the result very uneven for the different States. Some small states were absorbed by France, ended up losing their identity assimilated by the majority culture and no longer ceased to be part of it. On the other hand, the States that were part of the Holy Empire were recognized with much greater autonomy than they already had.
Religious
The other major loser was the papacy, which definitively ceased to exercise significant temporal power in European politics.
The Peace of Westphalia marked the end of the military conflicts that arose as a consequence of the Protestant Reformation and the Counter-Reformation. Since the days of Martin Luther, European wars have been unleashed for both geopolitical and religious reasons. After the Peace of Westphalia, religion ceased to be branded as casus belli. In spite of the dispositions that tried a religious coexistence, the intransigence forced in practice to go into exile those who did not adopt that of the ruler.
Excerpt from the Westphalian Peace Treaty
The introductory paragraph of the Peace Treaty summarizes the negotiation process, lists the parties involved and also lists the representatives and plenipotentiaries sent by the signatory states. Then the title first talks about the spirit of the agreement:
"There will be a Christian and universal peace and a sincere, authentic and perpetual friendship between [...] each and every [...]. May this peace and friendship be observed and cultivated with such sincerity and zeal, that each part will strive to seek the benefit, honor and advantage of the other [...]" (Part 1).
A general pardon is declared to the States and, even, the oblivion of the war debts:
"There will be on one side and on the other a perpetual oblivion, amnesty or forgiveness of all that has been committed since the beginning of these problems [...]; all that has happened on one side and on the other [...], damages and expenses [...], will be buried in eternal oblivion." (title 2o).
Between titles 4 to 10, various preliminary issues are dealt with (about the Circle of Burgundy, Lorraine, amnesty, non-interference in the Spanish-French war) in order to establish peace:
"May the Circle of Burgundy be and continue to be a member of the Empire, after the disputes between France and Spain are over. That, however, neither the emperor, nor any of the States of the Empire, will be involved in the wars that are now standing between them [...]" (Part 4o).
Titles 11 to 64 deal extenso and in detail about the restitution of rights and privileges, the sovereignty of the states of the empire, their liberties, etc. In general, the States of the Empire were confirmed in their territorial limits of 1618, while the territorial distribution of the different Christian confessions was made from the situation of 1624:
"Those of Habsburg's confession [...] will be put into possession again of their churches and ecclesiastical states, as it was in 1624, as well as all the others of Habsburg's confession that demand it, will have the free exercise of their religion, so in public churches at the agreed hours, as in their own private houses or in others chosen for this purpose [...]" (Part 28o).
"All the officers, as well as military, counselors, [...], with their wives, children, heirs [...] will be restored by all the parties in their state of life, honor, renown, freedom of conscience, rights and privileges that they enjoyed before the aforementioned disorders [...]." (Part 43).
"[...] the States that have been taken by weapons by France or Sweden [...] will be returned to the situation in which they are found and that without any compensation for profit or damage." (Part 45).
They state that each state should decide which Christianity it adopts as its state religion:
"and since for the greater tranquility of the Empire, in its general assembly of peace, an agreement has been made [...] concerning the differences on ecclesiastical lands and the freedom of exercise of religion, it has been found appropriate to confirm and ratify it by the present treaty [...]" (Part 49o).
And the total independence of Switzerland is also established:
"[...] the city of Basel and other Swiss cantons are as if they were in possession of their complete freedom and exemption from the Empire; so that they are not under any concept subject to the Judiciaries or Judgments of the Empire [...]." (title 63o).
Titles 65º to 67º of the peace agreement result in the disappearance of the royal authority of the Emperor:
"[...] each and every one of the Electors, Princes and States of the Roman Empire are thus established and confirmed in their former rights, prerogatives, liberties [...], exercise free of ecclesiastical rights [...]" (title 64o).
"The right of suffrage in all the deliberations concerning the affairs of the Empire shall be without contradiction... shall be forever free to establish alliances with foreigners for their preservation and security [...]" (Part 65o).
Titles 68º to 91º are the agreements that affect various states of the Empire (cession of territories to France and Sweden, freedom of trade and transit, returns, etc).
"[...] That the main domain, the right of sovereignty, and all other rights over the Archbishops of Metz, Toul and Verdun, and over the cities of that name and their dioceses, particularly about Mayenvick [...] will belong in the future to the crown of France and will be irrevocably incorporated there for ever [...]" (Part 71o).
"[...] That for the future, trade and transport will be free for the inhabitants on both sides of the Rhine and adjacent provinces. Above all, the navigation of the Rhine will be free [...] and will not be allowed to impose on the Rhine new and undesired tolls, customs, fees, [...] but one and the other part will be satisfied with the taxes, duties and tolls that were paid before these wars [...]" (Part 89o).
The following are titles that affect France:
"May the Christian King (Luis XIII of France) be obliged to leave not only the bishops of Strasbourg and Basel, with the city of Strasbourg, but also the other states or orders, Abbots of Murbach and Luederen, who are in one and another Alsace, immediately dependent on the Roman Empire; the Abbey of Andlavien, the monastery of San Bennet in the valley of St.
From the 104th title come the provisions of entry into force and the conclusion:
"The plenipotentiaries of all the parties shall agree among them, between the conclusion and the ratification of peace, on the ways, times and assurances to be taken for the restitution of the places and for the dismantling of troops [...]." (Part 105).
"In testimony of all and every one of these things, and for their greater validity, the ambassadors of their Imperial and Christian majesties, and the representatives, in the name of all the Electors, Princes, and States of the Empire, sent in particular for this purpose [...] with their own hands and seals have signed and sealed this present Peace Treaty, [...] and that with the condition that by the subscription of the ambassadors and representatives above shall be ratified, all [...]
Made, accepted and concluded in Münster in Westphalia, on October 24, 1648." (Part 128).