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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 re-established 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 above-mentioned,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 文献出处

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 文献导读

德国宗教改革后,诸侯分为新教和天主教两大阵营。在德国的七大选侯中,勃兰登堡、巴拉丁和萨克森的三大选侯是新教徒;而波希米亚王国国王、科隆大主教、美因茨大主教、特里尔大主教等四大选侯,还包括帝国皇帝均为天主教徒。新教诸侯与旧教诸侯之间的矛盾主要是围绕教产问题而展开的。新教徒在宗教改革中没收了旧教徒的土地等财产,并把路德派教会置于自己的控制之下,势力大大增强,比以往有更大的独立性。这使帝国皇帝越来越不甘心于自己有名无实的地位,一心想加强其皇帝的权力,削弱诸侯。于是,皇帝与新教诸侯之间,中央集权势力与诸侯割据势力之间的斗争成为17世纪前期德意志政治生活中的主要斗争。在这场斗争中,欧洲列强也插手其中。西班牙是天主教国家,而且其君主也与神圣罗马帝国皇帝一样,属于哈布斯堡家族。为了家族利益,西班牙积极支持神圣罗马帝国皇帝和旧教诸侯。英国、法国、荷兰则支持新教诸侯。其中,英国和荷兰也是新教国家,法国虽然是天主教国家,但由于与西班牙的矛盾而反对神圣罗马帝国皇帝和哈布斯堡家族。它们都共同觊觎德国的土地,希望德国分裂。

1608年新教诸侯成立“新教同盟”,巴拉丁选侯为领袖。天主教诸侯也在1609年成立“天主教同盟”,以巴伐利亚公爵为领袖。英国、法国和荷兰支持“新教同盟”。帝国皇帝、罗马教皇及西班牙支持“天主教同盟”。欧洲列强的介入,使德国问题更加复杂,原本宗教性的矛盾演化为各君主的夺权斗争,德国内部的矛盾扩大成欧洲国际冲突,这就为“三十年战争”埋下了隐患。

1618年“掷出窗外事件”,成为“三十年战争”的导火线。1618年波希米亚王国王位空缺,皇帝马提亚(1612~1619年)企图让他的亲戚、狂热的天主教徒斐迪南公爵担任国王。波希米亚的贵族大多是加尔文派教徒,害怕斐迪南即位后剥夺他们的政治特权和宗教信仰。而且,波希米亚有自己的议会和自治权,于是他们坚决反对皇帝的任命。一些贵族按照波希米亚的传统习俗冲进皇帝使者的驻地,将两个使者扔出了窗口。“掷出窗外事件”发生之后,1619年,布拉格议会推举巴拉丁选侯腓特烈五世为国王。同年,斐迪南登基为神圣罗马帝国皇帝,称为斐迪南二世。他决心惩罚波希米亚,并夺回他的权力。他对外依靠西班牙,对内依靠“天主教同盟”,举兵讨伐波希米亚。“三十年战争”由此爆发。

“三十年战争”的过程可以分为四个阶段:波希米亚时期(1618~1625)、丹麦时期(1625~1629)、瑞典时期(1630~1635)、瑞典-法国时期(1635~1648)。

腓特烈五世原来指望得到他岳父英国国王詹姆士一世和“新教同盟”的援助,结果都落空了。1620年11月,“天主教同盟”军队击败波希米亚军队,腓特烈五世出逃荷兰,其领地巴拉丁和选侯爵位也转归巴伐利亚公爵。斐迪南二世兼任波希米亚国王,开始将那里重新天主教化,禁止新教,没收新教贵族的土地,推行德语。1621年解散“新教同盟”。

丹麦是北欧信仰新教的国家。其国王又是神圣罗马帝国内荷尔施泰因公爵,为了扩张其在北德的势力和新教影响,国王克利斯丁在英国和荷兰支持下打进德国,北德新教诸侯纷纷投靠。但是,丹麦军队很快就被斐迪南二世打败,签订《吕贝克和约》后退出德国。天主教的胜利,使帝国皇帝掀起了一股彻底反宗教改革的浪潮。1629年帝国皇帝颁布了《归还敕令》,几乎所有新教邦国都笼罩在恐慌之中。这时,信仰新教的北欧强国瑞典在得到法国的支持后,国王古斯塔夫·阿道尔夫率领瑞典军队进入德国,新教诸侯又先后依附。但不久新教同盟内部出现分裂,1635年新教诸侯与帝国皇帝达成妥协,签订《布拉格和约》,瑞典也撤出战争。就在这时,法国公开出来支持新教徒,并直接参战。同时,法国还向西班牙宣战。战场从德国蔓延到法国、西班牙、尼德兰和意大利。初期,法国一方取得很多胜利,但是交战双方都付出了很大牺牲,特别是瘟疫流行,英国又发生了资产阶级革命,于是,双方不得不开始谈判。谈判分别在威斯特伐利亚的两个城市明斯特和奥斯纳布吕克举行。从1643年起,通过断断续续的谈判和军事战争,直到1648年10月才达成协议,缔结了两个条约,即《明斯特和约》和《奥斯纳布吕克条约》。因为两个谈判地点都在威斯特伐利亚,合称为《威斯特伐利亚和约》。该和约的缔结标志着“三十年战争”的结束。

和约的主要内容是:重申1555年的《奥格斯堡宗教和约》和1635年的《布拉格和约》继续有效。正式承认荷兰和瑞士分别脱离西班牙和神圣罗马帝国,成为独立国家。瑞典获得西波美拉尼亚地区(包括什切青城在内)和不来梅与费尔登两个主教区,由此取得波罗的海和北海南岸的重要港口。法国得到斯特拉斯堡除外整个阿尔萨斯,确认取得洛林内的梅林、图尔、凡尔登等3个主教区。德意志境内的勃兰登堡获得东波美拉尼亚地区和马格德堡大主教区。萨克森获得路萨提亚地区。巴拉丁公国一分为二,信奉新教的腓特烈二世之子继承下巴拉丁,列为帝国第八选帝侯;信奉天主教的巴伐利亚公爵得到上巴拉丁,也有选帝侯的地位。

和约还对宗教问题做出了规定:哈布斯堡皇室承认新教在神圣罗马帝国内的合法地位,新教诸侯和天主教诸侯在帝国内地位平等,加尔文教与路德教拥有同等权利;在帝国法庭中,天主教和新教法官人数相等;神圣罗马帝国内阁诸侯邦国可自行订立官方宗教。

该和约还进一步削弱了帝国皇帝的权力而增强了帝国诸侯的权力:帝国重要事务如立法、课税、宣战、征兵、媾和等,须由帝国议会决定;法国和瑞典在神圣罗马帝国议会有代表权;承认诸侯国有独立的外交权,皇帝不得干涉诸侯国内政;哈布斯堡皇室的部分外奥地利领地被迫割与法国、瑞典和部分帝国内的新教诸侯。此外,神圣罗马帝国皇帝选举不得在现任皇帝在世时进行,以免受皇帝控制。

《威斯特伐利亚和约》沉重地打击了哈布斯堡家族力量,导致奥地利哈布斯堡皇室失去大量领地。和约也进一步加深了德意志的分裂,使神圣罗马帝国更陷入分崩离析的状况;西班牙也大大削弱;而法国在国际事务中开始占据主导地位,为后来称霸欧洲打下基础;瑞典通过获得波罗的海和北海沿岸重要港口,成为北欧强国。和约对欧洲大陆各国边界的划分,还开了用国际会议解决国际问题的先例,确立了国际关系中应遵守的国家主权、国家领土与国家独立等原则,对近代国际法的发展也具有重要作用。

和约承认天主教与新教享有同等的权利,打破了罗马天主教一统天下的状态,更破除了教皇神权下的世界主权论,使国际问题的解决逐渐越来越少地受神权影响。而且,该和约奠定了17~18世纪国际关系的基础,被誉为近代国际关系的开端。

三 延伸阅读

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. 96SLNYNkVQcZF4PHdiKOhTd3KBqRFH2Odr8E2H6jN/rCFV2xXPDeD2uXiMohOGJx

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