Treaty of Westphalia

Explanation and Analysis of the Document

The Treaty of Westphalia is named for the northern German region where the negotiations were conducted. Representatives did not gather at one location, however. At the town of Münster, the delegates from France and the Holy Roman Empire met under the mediation of the papacy and the republic of Venice. A mere fifty kilometers away in Osnabrück, the delegates of France, the Holy Roman Empire, and Sweden gathered with Christian IV of Denmark as mediator. This segregation of powers was necessary, since Sweden refused to be mediated by a representative of the papacy and the papal representative refused to sit in the same room with a “heretic.”

The Congress of Westphalia opened in December 1644 and was concluded with much fanfare on October 24, 1648. The comprehensive treaty's introduction declares a “universal Peace,” which, according to article I, is to be founded not on a common religion or dictated by religious authority but is to occur “between all and each of the Allies … that each Party shall endeavour to procure the Benefit, Honour and Advantage of the other.” In other words, abiding by the principles of the treaty was intended to benefit all parties. In order to halt the cycle of violence, articles II and VI provided for amnesty and pardon for all offenses committed since the beginning of the war while avoiding the rhetoric typical of an imposed peace.

The language of the treaty was new to diplomatic discourse in that it is conciliatory toward different religious sects. This was clearly an effort to remove religious difference as a cause of conflict. To this end, article XLV proclaims “the Liberty of the Exercise of Religion” throughout the Holy Roman Empire, thus strengthening the position of the Protestants. Article XXVIII specifically granted religious freedom to Lutherans (called “those of the Confession of Augsburg” in the document) and restored ecclesiastical property to them based on their holdings as of 1624. Articles XXII, XXV, and XXVI offered an olive branch to Charles I Louis of the Lower Palatinate, who was the son of Frederick V, the Calvinist elector whom the Protestants had selected as Bohemian king in 1619 in their attempted rebellion against Ferdinand II.

The monetary cost of the war had been significant, and the treaty attempted to anticipate and address economic concerns. Article XXXIX gave all parties a period of two years to show claim, after which debts were to be considered settled. Since economic conditions had worsened throughout the Holy Roman Empire during the war, the signatories wanted to ensure that indemnities either would be paid quickly or would be forgiven to avoid future strife and acts of vengeance. For similar reasons, article XLI upheld secular judicial pronouncements issued during the war.

The latter half of the treaty dealt, in particular, with the Holy Roman Emperor and his subjects. Article XLIV repeated the earlier proclamation of general amnesty, and article XLV provided for the return of some royal land but without compensation for damages. Herein the overriding influence of France and Sweden in drafting the document is evident; while the emperor and Austria, whom the delegates wanted to conciliate, could regain lost property, these provisions implied that others within the empire who lost property might not have it returned. Article XLIX restated the principle regarding religious liberty and the return of church land. It refers to an agreement among those powers that were meeting at Münster and extended it to apply to the Swedish delegation at Osnabrück.

Specific regions and allies are mentioned in the treaty. For example, article LVI stipulated the repayment of a sum to “Madam the Landgravine,” whose family had been a long-term supporter of the Protestant cause in the state of Hesse. Article XCIX absolved the House of Savoy, which assisted in the French cause, of any retribution on the part of the empire. Article LVIII stipulated that fortresses of war throughout the empire were to be dismantled as long as they did not leave an area lacking in security. Article LXXXII called upon each prince of the empire to respect the traditions and rights of other states, participate in the empire's assemblies, and regard the authority of the Holy Roman Emperor.

Territorial realignments were recognized in the treaty. For example, the United Provinces of the Netherlands were pronounced independent of Spain. Article LXXVI recognized France's right to the towns of Metz, Toul, and Verdun on the western border of the empire, as well as most of Alsace, although article LXXXIX required France to renounce further claims to territory in the vicinity of the Rhine. Article LXXVII stipulates that the French king is obligated to “preserve” Catholicism in areas where it is dominant. Contrary to the Edict of Restitution, only territory that the empire had conquered by 1624 was to be returned to the Catholic Church. French territorial gains were small, but the treaty assured that France, while being obliged to respect religious traditions, could achieve its security goals by maintaining a buffer between itself and the Holy Roman Empire.

Articles CIV through CXIX provided for the implementation of peace. Specifically, articles CIV and CV spelled out the time and method for cessation of hostilities, CVI the publication of the peace, CVII through CXIV the restoration or transfer of property, CXV the responsibilities of local inhabitants toward departing soldiers, and CXVIII the demobilization of troops and the maintenance of those necessary for security.

With respect to the treaties and covenants established during the course of the war, such as the Edict of Restitution and Peace of Prague, article CXXI made clear that the Treaty of Westphalia superseded all other provisions, treaties, and agreements. Article CXXXII warned anyone who might infringe on what the treaty termed “Publick Peace.” While no specific punishment was given, Article CXXIII enjoined all signatories to “defend and protect all and every Article of this Peace.” This provision gave France and Sweden the ability to frustrate the Habsburgs. France and Sweden thus became the guarantors of the new imperial constitution with the obligation to protect the rights of princes against the Holy Roman Emperor. They became the counterbalance to ensure that future conflict over or within the empire would be quelled.