The Peace Treaty of Westphalia, 1648

In the name of the most holy and individual Trinity: Be it known to all, and every one whom it may concern, or to whom in any manner it may belong, That for many Years past, Discords and Civil Divisions being stired up in the Roman Empire, which increased to such a degree, that not only all Germany, but also the neighbouring Kingdoms, and France particularly, have been involved in the Disorders of a long and cruel War: And in the first place, between the most Serene and most Puissant Prince and Lord, Ferdinand the Second, of famous Memory, elected Roman Emperor, always August, King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Arch-Duke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Marquiss of Moravia, Duke of Luxemburgh, the Higher and Lower Silesia, of Wirtemburg and Teck, Prince of Suabia, Count of Hapsburg, Tirol, Kyburg and Goritia, Marquiss of the Sacred Roman Empire, Lord of Burgovia, of the Higher and Lower Lusace, of the Marquisate of Slavonia, of Port Naon and Salines, with his Allies and Adherents on one side; and the most Serene, and the most Puissant Prince, Lewis the Thirteenth, most Christian King of France and Navarre, with his Allies and Adherents on the other side. And after their Decease, between the most Serene and Puissant Prince and Lord, Ferdinand the Third, elected Roman Emperor, always August, King of Germany, Hungary, Bohemia, Dalmatia, Croatia, Slavonia, Arch-Duke of Austria, Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Marquiss of Moravia, Duke of Luxemburg, of the Higher and Lower Silesia, of Wirtemburg and Teck, Prince of Suabia, Count of Hapsburg, Tirol, Kyburg and Goritia, Marquiss of the Sacred Roman Empire, Burgovia, the Higher and Lower Lusace, Lord of the Marquisate of Slavonia, of Port Naon and Salines, with his Allies and Adherents on the one side; and the most Serene and most Puissant Prince and Lord, Lewis the Fourteenth, most Christian King of France and Navarre, with his Allies and Adherents on the other side: from whence ensued great Effusion of Christian Blood, and the Desolation of several Provinces. It has at last happened, by the effect of Divine Goodness, seconded by the Endeavours of the most Serene Republick of Venice, who in this sad time, when all Christendom is imbroiled, has not ceased to contribute its Counsels for the publick Welfare and Tranquillity; so that on the side, and the other, they have formed Thoughts of an universal Peace. And for this purpose, by a mutual Agreement and Covenant of both Partys, in the year of our Lord 1641. the 25th of December, N.S. or the 15th O.S. it was resolved at Hamburgh, to hold an Assembly of Plenipotentiary Ambassadors, who should render themselves at Munster and Osnabrug in Westphalia the 11th of July, N.S. or the 1st of the said month O.S. in the year 1643. The Plenipotentiary Ambassadors on the one side, and the other, duly established appearing at the prefixt time, and on the behalf of his Imperial Majesty, the most illustrious and most excellent Lord, Maximilian Count of Trautmansdorf and Weinsberg, Baron of Gleichenberg, Neustadt, Negan, Burgau, and Torzenbach, Lord of Teinitz, Knight of the Golden Fleece, Privy Counsellor and Chamberlain to his Imperial Sacred Majesty, and Steward of his Houshold; the Lord John Lewis, Count of Nassau, Catzenellebogen, Vianden, and Dietz, Lord of Bilstein, Privy Counsellor to the Emperor, and Knight of the Golden Fleece; Monsieur Isaac Volmamarus, Doctor of Law, Counsellor, and President in the Chamber of the most Serene Lord Arch-Duke Ferdinand Charles. And on the behalf of the most Christian King, the most eminent Prince and Lord, Henry of Orleans, Duke of Longueville, and Estouteville, Prince and Sovereign Count of Neuschaftel, Count of Dunois and Tancerville, Hereditary Constable of Normandy, Governor and Lieutenant-General of the same Province, Captain of the Cent Hommes d'Arms, and Knight of the King's Orders, &c. as also the most illustrious and most excellent Lords, Claude de Mesmes, Count d'Avaux, Commander of the said King's Orders, one of the Superintendents of the Finances, and Minister of the Kingdom of France&c. and Abel Servien, Count la Roche of Aubiers, also one of the Ministers of the Kingdom of France. And by the Mediation and Interposition of the most illustrious and most excellent Ambassador and Senator of Venice, Aloysius Contarini Knight, who for the space of five Years, or thereabouts, with great Diligence, and a Spirit intirely impartial, has been inclined to be a Mediator in these Affairs. After having implored the Divine Assistance, and received a reciprocal Communication of Letters, Commissions, and full Powers, the Copys of which are inserted at the end of this Treaty, in the presence and with the consent of the Electors of the Sacred Roman Empire, the other Princes and States, to the Glory of God, and the Benefit of the Christian World, the following Articles have been agreed on and consented to, and the same run thus.

I.

That there shall be a Christian and Universal Peace, and a perpetual, true, and sincere Amity, between his Sacred Imperial Majesty, and his most Christian Majesty; as also, between all and each of the Allies, and Adherents of his said Imperial Majesty, the House of Austria, and its Heirs, and Successors; but chiefly between the Electors, Princes, and States of the Empire on the one side; and all and each of the Allies of his said Christian Majesty, and all their Heirs and Successors, chiefly between the most Serene Queen and Kingdom of Swedeland, the Electors respectively, the Princes and States of the Empire, on the other part. That this Peace and Amity be observed and cultivated with such a Sincerity and Zeal, that each Party shall endeavour to procure the Benefit, Honour and Advantage of the other; that thus on all sides they may see this Peace and Friendship in the Roman Empire, and the Kingdom of France flourish, by entertaining a good and faithful Neighbourhood.

II .

That there shall be on the one side and the other a perpetual Oblivion, Amnesty, or Pardon of all that has been committed since the beginning of these Troubles, in what place, or what manner soever the Hostilitys have been practised, in such a manner, that no body, under any pretext whatsoever, shall practice any Acts of Hostility, entertain any Enmity, or cause any Trouble to each other; neither as to Persons, Effects and Securitys, neither of themselves or by others, neither privately nor openly, neither directly nor indirectly, neither under the colour of Right, nor by the way of Deed, either within or without the extent of the Empire, notwithstanding all Covenants made before to the contrary: That they shall not act, or permit to be acted, any wrong or injury to any whatsoever; but that all that has passed on the one side, and the other, as well before as during the War, in Words, Writings, and Outrageous Actions, in Violences, Hostilitys, Damages and Expences, without any respect to Persons or Things, shall be entirely abolished in such a manner that all that might be demanded of, or pretended to, by each other on that behalf, shall be buried in eternal Oblivion.

III .

And that a reciprocal Amity between the Emperor, and the Most Christian King, the Electors, Princes and States of the Empire, may be maintained so much the more firm and sincere (to say nothing at present of the Article of Security, which will be mentioned hereafter) the one shall never assist the present or future Enemys of the other under any Title or Pretence whatsoever, either with Arms, Money, Soldiers, or any sort of Ammunition; nor no one, who is a Member of this Pacification, shall suffer any Enemys Troops to retire or sojourn in his Country.

IV .

That the Circle of Burgundy shall be and continue a Member of the Empire, after the Disputes between France and Spain (comprehended in this Treaty) shall be terminated. That nevertheless, neither the Emperor, nor any of the States of the Empire, shall meddle with the Wars which are now on foot between them. That if for the future any Dispute arises between these two Kingdoms, the abovesaid reciprocal Obligation of not aiding each others Enemys, shall always continue firm between the Empire and the Kingdom of France, but yet so as that it shall be free for the States to succour; without the bounds of the Empire, such or such Kingdoms, but still according to the Constitutions of the Empire.

V.

That the Controversy touching Lorain shall be referred to Arbitrators nominated by both sides, or it shall be terminated by a Treaty between France and Spain, or by some other friendly means; and it shall be free as well for the Emperor, as Electors, Princes and States of the Empire, to aid and advance this Agreement by an amicable Interposition, and other Offices of Pacification, without using the force of Arms.

VI .

According to this foundation of reciprocal Amity, and a general Amnesty, all and every one of the Electors of the sacred Roman Empire, the Princes and States (therein comprehending the Nobility, which depend immediately on the Empire) their Vassals, Subjects, Citizens, Inhabitants (to whom on the account of the Bohemian or German Troubles or Alliances, contracted here and there, might have been done by the one Party or the other, any Prejudice or Damage in any manner, or under what pretence soever, as well in their Lordships, their fiefs, Underfiefs, Allodations, as in their Dignitys, Immunitys, Rights and Privileges) shall be fully re-established on the one side and the other, in the Ecclesiastick or Laick State, which they enjoyed, or could lawfully enjoy, notwithstanding any Alterations, which have been made in the mean time to the contrary.

VII .

If the Possessors of Estates, which are to be restored, think they have lawful Exceptions, yet it shall not hinder the Restitution; which done, their Reasons and Exceptions may be examined before competent Judges, who are to determine the same.

VIII .

And tho by the precedent general Rule it may be easily judged who those are, and how far the Restitution extends; nevertheless, it has been thought fit to make a particular mention of the following Cases of Importance, but yet so that those which are not in express Terms nam'd, are not to be taken as if they were excluded or forgot.

IX .

Since the Arrest the Emperor has formerly caus'd to be made in the Provincial Assembly, against the moveable Effects of the Prince Elector of Treves, which were transported into the Dutchy of Luxemburg, tho released and abolished, yet at the instance of some has been renewed; to which has been added a Sequestration, which the said Assembly has made of the Jurisdiction of Burch, belonging to the Archbishoprick, and of the Moiety of the Lordship of St. John, belonging to John Reinbard of Soeteren, which is contrary to the Concordat's drawn up at Ausburg in the year 1548 by the publick interposition of the Empire, between the Elector of Treves, and the Dutchy of Burgundy: It has been agreed, that the abovesaid Arrest and Sequestration shall be taken away with all speed from the Assembly of Luxemburg, that the said Jurisdiction, Lordship, and Electoral and Patrimonial Effects, with the sequestred Revenues, shall be released and restored to the Elector; and if by accident some things should be Imbezeled, they shall be fully restored to him; the Petitioners being referred, for the obtaining a determination of their Rights, to the Judge of the Prince Elector, who is competent in the Empire.

X.

As for what concerns the Castles of Ehrenbreitstein and Homestein, the Emperor shall withdraw, or cause the Garisons to be withdrawn in the time and manner limited hereafter in the Article of Execution, and shall restore those Castles to the Elector of Treves, and to his Metropolitan Chapter, to be in the Protection of the Empire, and the Electorate; for which end the Captain, and the new Garison which shall be put therein by the Elector, shall also take the Oaths of Fidelity to him and his Chapter.

XI .

The Congress of Munster and Osnabrug having brought the Palatinate Cause to that pass, that the Dispute which has lasted for so long time, has been at length terminated; the Terms are these.

XII .

In the first place, as to what concerns the House of Bavaria, the Electoral Dignity which the Electors Palatine have hitherto had, with all their Regales, Offices, Precedencys, Arms and Rights, whatever they be, belonging to this Dignity, without excepting any, as also all the Upper Palatinate and the County of Cham, shall remain, as for the time past, so also for the future, with all their Appurtenances, Regales and Rights, in the possession of the Lord Maximilian,Count Palatine of the Rhine, Duke of Bavaria, and of his children, and all the Willielmine Line, whilst there shall be any Male Children in being.

XIII .

Reciprocally the Elector of Bavaria renounces entirely for himself and his Heirs and Successors the Debt of Thirteen Millions, as also all his Pretensions in Upper Austria; and shall deliver to his Imperial Majesty immediately after the Publication of the Peace, all Acts and Arrests obtain'd for that end, in order to be made void and null.

XIV .

As for what regards the House of Palatine, the Emperor and the Empire, for the benefit of the publick Tranquillity, consent, that by virtue of this present Agreement, there be established an eighth Electorate; which the Lord Charles Lewis, Count Palatine of the Rhine, shall enjoy for the future, and his Heirs, and the Descendants of the Rudolphine Line, pursuant to the Order of Succession, set forth in the Golden Bull; and that by this Investiture, neither the Lord Charles Lewis, nor his Successors shall have any Right to that which has been given with the Electoral Dignity to the Elector of Bavaria, and all the Branch of William.

XV .

Secondly, that all the Lower Palatinate, with all and every the Ecclesiastical and Secular Lands, Rights and Appurtenances, which the Electors and Princes Palatine enjoyed before the Troubles of Bohemia, shall be fully restored to him;as also all the Documents, Registers and Papers belonging thereto; annulling all that hath been done to the contrary. And the Emperor engages, that neither the Catholick King, nor any other who possess any thing thereof, shall any ways oppose this Restitution.

XVI .

Forasmuch-as that certain Jurisdictions of the Bergstraet, belonging antiently to the Elector of Mayence, were in the year 1463 mortgaged to the House Palatine for a certain Sum of Money: upon condition of perpetual Redemption, it has been agreed that the same Jurisdictions shall be Restor'd to the present Elector of Mayence, and his Successors in the Archbishoprick of Mayence, provided the Mortgage be paid in ready Mony, within the time limited by the Peace to be concluded; and that he satisfies the other Conditions, which he is bound to by the Tenor of the Mortgage-Deeds.

XVII .

It shall also be free for the Elector of Treves, as well in the Quality of Bishop of Spires as Bishop of Worms, to sue before competent Judges for the Rights he pretends to certain Ecclesiastical Lands, situated in the Territorys of the Lower Palatinate, if so be those Princes make not a friendly Agreement among themselves.

XVIII .

That if it should happen that the Male Branch of William should be intirely extinct, and the Palatine Branch still subsist, not only the Upper Palatinate, but also the Electoral Dignity of the Dukes of Bavaria, shall revert to the said surviving Palatine, who in the mean time enjoys the Investiture: but then the eighth Electorate shall be intirely suppressed. Yet in such case, nevertheless, of the return of the Upper Palatinate to the surviving Palatines, the Heirs of any Allodian Lands of the Bavarian Electors shall remain in Possession of the Rights and Benefices, which may lawfully appertain to them.

XIX .

That the Family-Contracts made between the Electoral House of Heidelberg and that of Nieuburg, touching the Succession to the Electorate, confirmed by former Emperors; as also all the Rights of the Rudolphine Branch, forasmuch as they are not contrary to this Disposition, shall be conserved and maintained entire.

XX .

Moreover, if any Fiefs in Juliers shall be found open by lawful Process, the Question shall be decided in favour of the House Palatine.

XXI .

Further, to ease the Lord Charles Lewis, in some measure, of the trouble of providing his Brothers with Appenages, his Imperial Majesty will give order that forty thousand Rixdollars shall be paid to the said Brothers, in the four ensuing Years; the first commencing with the Year 1649. The Payment to be made of ten thousand Rixdollars yearly, with five per Cent Interest.

XXII .

Further, that all the Palatinate House, with all and each of them, who are, or have in any manner adhered to it; and above all, the Ministers who have served in this Assembly, or have formerly served this House; as also all those who are banished out of the Palatinate, shall enjoy the general Amnesty here above promised, with the same Rights as those who are comprehended therein, or of whom a more particular and ampler mention has been made in the Article of Grievance.

XXIII .

Reciprocally the Lord Charles Lewis and his Brothers shall render Obedience, and be faithful to his Imperial Majesty, like the other Electors and Princes of the Empire; and shall renounce their Pretensions to the Upper Palatinate, as well for themselves as their Heirs, whilst any Male, and lawful Heir of the Branch of William shall continue alive.

XXIV .

And upon the mention which has been made, to give a Dowry and a Pension to the Mother Dowager of the said Prince, and to his Sisters; his Sacred Imperial Majesty (according to the Affection he has for the Palatinate House) has promised to the said Dowager, for her Maintenance and Subsistence, to pay once for all twenty thousand Rixdollars; and to each of the Sisters of the said Lord Charles Lewis, when they shall marry, ten thousand Rixdollars, the said Prince Charles Lewis being bound to disburse the Overplus.

XXV .

That the said Lord Charles Lewis shall give no trouble to the Counts of Leiningen and of Daxburg, nor to their Successors in the Lower Palatinate;but he shall let them peaceably enjoy the Rights obtained many Ages ago, and confirm'd by the Emperors.

XXVI .

That he shall inviolably leave the Free Nobility of the Empire, which are in Franconia, Swabia, and all along the Rhine, and the Districts thereof, in the state they are at present.

XXVII .

That the Fiefs conferred by the Emperor on the Baron Gerrard of Waldenburg, called Schenck-heeren, on Nicholas George Reygersberg, Chancellor of Mayence, and on Henry Brombser, Baron of Rudeheim; Item, on the Elector of Bavaria, on Baron John Adolph Wolff, called Meternicht, shall remain firm and stable: That nevertheless these Vassals shall be bound to take an Oath of Fidelity to the Lord Charles Lewis, and to his Successors, as their direct Lords, and to demand of him the renewing of their Fiefs.

XXVIII .

That those of the Confession of Augsburg, and particularly the Inhabitants of Oppenheim, shall be put in possession again of their Churches, and Ecclesiastical Estates, as they were in the Year 1624. as also that all others of the said Confession of Augsburg, who shall demand it, shall have the free Exercise of their Religion, as well in publick Churches at the appointed Hours, as in private in their own Houses, or in others chosen for this purpose by their Ministers, or by those of their Neighbours, preaching the Word of God.

XXIX .

That the Paragraphs, Prince Lewis Philip, &c. Prince Frederick, &c. and Prince Leopold Lewis, &c. be understood as here inserted, after the same manner they are contained in the Instrument, or Treaty of the Empire with Swedeland.

XXX .

That the Dispute depending between the Bishops of Bamberg and Wirtzberg on the one, and the Marquiss of Brandenburg, Culmbach, and Onalzbach, on the other side, touching the Castle, Town, Jurisdiction, and Monastery of Kitzingen in Franconia, on the Main, shall be amicably composed; or, in a judicial manner, within two years time, upon pain of the Person's losing his Pretensions, that shall delay it: and that, in the mean time, the Fort of Wirtzberg shall be surrendered to the said Lords Marquisses, in the same state it was taken, according as it has been agreed and stipulated.

XXXI .

That the Agreement made, touching the Entertainment of the Lord Christian William, Marquiss of Brandenburg, shall be kept as if recited in this place, as it is put down in the fourteenth Article of the Treaty between the Empire and Swedeland.

XXXII .

The Most Christian King shall restore to the Duke of Wirtemberg, after the manner hereafter related, where we shall mention the withdrawing of Garisons, the Towns and Forts of Hohenwiel, Schorendorff, Turbingen, and all other places, without reserve, where he keeps Garisons in the Dutchy of Wirtemberg. As for the rest, the Paragraph, THE HOUSE OF WIRTEMBERG, &c. shall be understood as inserted in this Place, after the same manner it's contained in the Treaty of the Empire, and of Swedeland.

XXXIII .

That the Princes of Wirtemberg, of the Branches of Montbeillard, shall be reestablished in all their Domains in Alsace, and wheresoever they be situated, but particularly in the three Fiefs of Burgundy, Clerval, and Passavant: and both Partys shall re-establish them in the State, Rights and Prerogatives they enjoyed before the Beginning of these Wars.

XXXIV .

That Frederick, Marquiss of Baden, and of Hachberg, and his Sons and Heirs, with all those who have served them in any manner whatsoever, and who serve them still, of what degree they may be, shall enjoy the Amnesty abovementioned, in the second and third Article, with all its Clauses and Benefices;and by virtue thereof, they shall be fully re-established in the State Ecclesiastical or Secular, in the same manner as the Lord George Frederick Marquiss of Beden and of Hachberg, possessed, before the beginning of the Troubles of Bohemia, whatever concerned the lower Marquisate of Baden, called vulgarly Baden Durlach, as also what concerned the Marquisate of Hachberg, and the Lordships of Rottelen, Badenweiller, and Sausenberg, notwithstanding, and annulling all the Changes made to the contrary. After which shall be restored to Marquiss Frederick, the Jurisdictions of Stein and Renchingen, without being charged with Debts, which the Marquiss William has contracted during that time, by Reason of the Revenues, Interests and Charges, put down in the Transaction passed at Etlingen in the Year 1629. and transfer'd to the said William Marquiss of Baden, with all the Rights, Documents, Writings, and other things appertaining; so that all the Plea concerning the Charges and Revenues, as well received as to receive, with their Damages and Interests, to reckon from the time of the first Possession, shall be intirely taken away and abolished.

XXXV .

That the Annual Pension of the Lower Marquisate, payable to the Upper Marquisate, according to former Custom, shall by virtue of the present Treaty be intirely taken away and annihilated; and that for the future nothing shall be pretended or demanded on that account, either for the time past or to come.

XXXVI .

That for the future, the Precedency and Session, in the States and Circle of Swabia, or other General or Particular Assemblys of the Empire, and any others whatsoever, shall be alternative in the two Branches of Baden; viz. in that of the Upper, and that of the Lower Marquisate of Baden: but nevertheless this Precedency shall remain in the Marquiss Frederick during his Life. It has been agreed, touching the Barony of Hohengerolt Zegk that if Madam, the Princess of Baden, verifies the Rights of her Pretension upon the said Barony by authentick Documents, Restitution shall be made her, according to the Rights and Contents of the said Documents, as soon as Sentence shall be pronounced. That the Cognizance of this Cause shall be terminated within two Years after the Publication of the Peace: And lastly, no Actions, Transaction, or Exceptions, either general or particular, nor Clauses comprehended in this Treaty of Peace, and whereby they would derogate from the Vigour of this Article, shall be at any time alledged by any of the Partys against this special Agreement. The Paragraphs, the Duke of Croy, &c. As for the Controversy of Naussau-Siegen, &c. To the Counts of Naussau, Sarrepont, &c. The House of Hanau, &c. John Albert Count of Solms, &c. as also, Shall be re-establish'd the House of Solms, Hohensolms, &c. The Counts of Isemburg, &c. The Rhinegraves, &c. The Widow of Count Ernest of Sainen, &c. The Castle and the County of Flackenstein, &c. Let also the House of Waldeck be re-established, &c. Joachim Ernest Count of Ottingen, &c. Item, The House of Hohenlo, &c. Frederick Lewis, &c. The Widow and Heirs of the Count of Brandenstein, &c. The Baron Paul Kevenhuller, &c. shall be understood to be inserted in this place word by word, as they are put down in the Instruor Treaty between the Empire and Swedeland.

……

一 文獻出處

Derec Croxton, “The Peace of Westphalia of 1648 and the Origins of Sovereighty”, The International History Review, XXI.3,September 1999,pp.569-852.

二 文獻導讀

德國宗教改革后，諸侯分為新教和天主教兩大陣營。在德國的七大選侯中，勃蘭登堡、巴拉丁和薩克森的三大選侯是新教徒；而波希米亞王國國王、科隆大主教、美因茨大主教、特里爾大主教等四大選侯，還包括帝國皇帝均為天主教徒。新教諸侯與舊教諸侯之間的矛盾主要是圍繞教產問題而展開的。新教徒在宗教改革中沒收了舊教徒的土地等財產，并把路德派教會置于自己的控制之下，勢力大大增強，比以往有更大的獨立性。這使帝國皇帝越來越不甘心于自己有名無實的地位，一心想加強其皇帝的權力，削弱諸侯。于是，皇帝與新教諸侯之間，中央集權勢力與諸侯割據勢力之間的斗爭成為17世紀前期德意志政治生活中的主要斗爭。在這場斗爭中，歐洲列強也插手其中。西班牙是天主教國家，而且其君主也與神圣羅馬帝國皇帝一樣，屬于哈布斯堡家族。為了家族利益，西班牙積極支持神圣羅馬帝國皇帝和舊教諸侯。英國、法國、荷蘭則支持新教諸侯。其中，英國和荷蘭也是新教國家，法國雖然是天主教國家，但由于與西班牙的矛盾而反對神圣羅馬帝國皇帝和哈布斯堡家族。它們都共同覬覦德國的土地，希望德國分裂。

1608年新教諸侯成立“新教同盟”，巴拉丁選侯為領袖。天主教諸侯也在1609年成立“天主教同盟”，以巴伐利亞公爵為領袖。英國、法國和荷蘭支持“新教同盟”。帝國皇帝、羅馬教皇及西班牙支持“天主教同盟”。歐洲列強的介入，使德國問題更加復雜，原本宗教性的矛盾演化為各君主的奪權斗爭，德國內部的矛盾擴大成歐洲國際沖突，這就為“三十年戰爭”埋下了隱患。

1618年“擲出窗外事件”，成為“三十年戰爭”的導火線。1618年波希米亞王國王位空缺，皇帝馬提亞（1612~1619年）企圖讓他的親戚、狂熱的天主教徒斐迪南公爵擔任國王。波希米亞的貴族大多是加爾文派教徒，害怕斐迪南即位后剝奪他們的政治特權和宗教信仰。而且，波希米亞有自己的議會和自治權，于是他們堅決反對皇帝的任命。一些貴族按照波希米亞的傳統習俗沖進皇帝使者的駐地，將兩個使者扔出了窗口?！皵S出窗外事件”發生之后，1619年，布拉格議會推舉巴拉丁選侯腓特烈五世為國王。同年，斐迪南登基為神圣羅馬帝國皇帝，稱為斐迪南二世。他決心懲罰波希米亞，并奪回他的權力。他對外依靠西班牙，對內依靠“天主教同盟”，舉兵討伐波希米亞?！叭陸馉帯庇纱吮l。

“三十年戰爭”的過程可以分為四個階段：波希米亞時期（1618~1625）、丹麥時期（1625~1629）、瑞典時期（1630~1635）、瑞典-法國時期（1635~1648）。

腓特烈五世原來指望得到他岳父英國國王詹姆士一世和“新教同盟”的援助，結果都落空了。1620年11月，“天主教同盟”軍隊擊敗波希米亞軍隊，腓特烈五世出逃荷蘭，其領地巴拉丁和選侯爵位也轉歸巴伐利亞公爵。斐迪南二世兼任波希米亞國王，開始將那里重新天主教化，禁止新教，沒收新教貴族的土地，推行德語。1621年解散“新教同盟”。

丹麥是北歐信仰新教的國家。其國王又是神圣羅馬帝國內荷爾施泰因公爵，為了擴張其在北德的勢力和新教影響，國王克利斯丁在英國和荷蘭支持下打進德國，北德新教諸侯紛紛投靠。但是，丹麥軍隊很快就被斐迪南二世打敗，簽訂《呂貝克和約》后退出德國。天主教的勝利，使帝國皇帝掀起了一股徹底反宗教改革的浪潮。1629年帝國皇帝頒布了《歸還敕令》，幾乎所有新教邦國都籠罩在恐慌之中。這時，信仰新教的北歐強國瑞典在得到法國的支持后，國王古斯塔夫·阿道爾夫率領瑞典軍隊進入德國，新教諸侯又先后依附。但不久新教同盟內部出現分裂，1635年新教諸侯與帝國皇帝達成妥協，簽訂《布拉格和約》，瑞典也撤出戰爭。就在這時，法國公開出來支持新教徒，并直接參戰。同時，法國還向西班牙宣戰。戰場從德國蔓延到法國、西班牙、尼德蘭和意大利。初期，法國一方取得很多勝利，但是交戰雙方都付出了很大犧牲，特別是瘟疫流行，英國又發生了資產階級革命，于是，雙方不得不開始談判。談判分別在威斯特伐利亞的兩個城市明斯特和奧斯納布呂克舉行。從1643年起，通過斷斷續續的談判和軍事戰爭，直到1648年10月才達成協議，締結了兩個條約，即《明斯特和約》和《奧斯納布呂克條約》。因為兩個談判地點都在威斯特伐利亞，合稱為《威斯特伐利亞和約》。該和約的締結標志著“三十年戰爭”的結束。

和約的主要內容是：重申1555年的《奧格斯堡宗教和約》和1635年的《布拉格和約》繼續有效。正式承認荷蘭和瑞士分別脫離西班牙和神圣羅馬帝國，成為獨立國家。瑞典獲得西波美拉尼亞地區（包括什切青城在內）和不來梅與費爾登兩個主教區，由此取得波羅的海和北海南岸的重要港口。法國得到斯特拉斯堡除外整個阿爾薩斯，確認取得洛林內的梅林、圖爾、凡爾登等3個主教區。德意志境內的勃蘭登堡獲得東波美拉尼亞地區和馬格德堡大主教區。薩克森獲得路薩提亞地區。巴拉丁公國一分為二，信奉新教的腓特烈二世之子繼承下巴拉丁，列為帝國第八選帝侯；信奉天主教的巴伐利亞公爵得到上巴拉丁，也有選帝侯的地位。

和約還對宗教問題做出了規定：哈布斯堡皇室承認新教在神圣羅馬帝國內的合法地位，新教諸侯和天主教諸侯在帝國內地位平等，加爾文教與路德教擁有同等權利；在帝國法庭中，天主教和新教法官人數相等；神圣羅馬帝國內閣諸侯邦國可自行訂立官方宗教。

該和約還進一步削弱了帝國皇帝的權力而增強了帝國諸侯的權力：帝國重要事務如立法、課稅、宣戰、征兵、媾和等，須由帝國議會決定；法國和瑞典在神圣羅馬帝國議會有代表權；承認諸侯國有獨立的外交權，皇帝不得干涉諸侯國內政；哈布斯堡皇室的部分外奧地利領地被迫割與法國、瑞典和部分帝國內的新教諸侯。此外，神圣羅馬帝國皇帝選舉不得在現任皇帝在世時進行，以免受皇帝控制。

《威斯特伐利亞和約》沉重地打擊了哈布斯堡家族力量，導致奧地利哈布斯堡皇室失去大量領地。和約也進一步加深了德意志的分裂，使神圣羅馬帝國更陷入分崩離析的狀況；西班牙也大大削弱；而法國在國際事務中開始占據主導地位，為后來稱霸歐洲打下基礎；瑞典通過獲得波羅的海和北海沿岸重要港口，成為北歐強國。和約對歐洲大陸各國邊界的劃分，還開了用國際會議解決國際問題的先例，確立了國際關系中應遵守的國家主權、國家領土與國家獨立等原則，對近代國際法的發展也具有重要作用。

和約承認天主教與新教享有同等的權利，打破了羅馬天主教一統天下的狀態，更破除了教皇神權下的世界主權論，使國際問題的解決逐漸越來越少地受神權影響。而且，該和約奠定了17~18世紀國際關系的基礎，被譽為近代國際關系的開端。

三 延伸閱讀

Asch, Ronald G.,The Thirty Years'War:The Holy Roman Empire and Europe,1618-1648,New York and London,1997.

Croxton,Derek,Peacemaking in Early Modern Europe:Cardinal Mazarin and the Congress of Westphalia,1643-1648,Selinsgrove,Pa.,and London,1999.

Croxton, Derek, and Anuschka Tischer,The Peace of Westphalia:A Historical Dictionary,Greenwood Press,2001.

Darby,Graham,The Thirty Years'War,London,2001.

Parker, Geoffrey, ed.,The Thirty Years'War, 2nd ed., London and New York, 1997.

Repgen, Konrad, “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,no publ.,1998,Essay Volume 1, Politics,Religion,Law and Society, pp. 355-372.

Rowen,Herbert H.,“The Peace of Westphalia Revisited”,The Journal of Modern History, Vol.33,No.1,Mar.1961.

Symcox,G.,ed., War,Diplomacy,and Imperialism,1618-1763,New York, 1973.