Edict of Restitution
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The Edict of Restitution was proclaimed by Ferdinand II, Holy Roman Emperor in
Vienna en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
, on 6 March 1629, eleven years into the
Thirty Years' War The Thirty Years' War was one of the longest and most destructive conflicts in European history, lasting from 1618 to 1648. Fought primarily in Central Europe, an estimated 4.5 to 8 million soldiers and civilians died as a result of battle ...
. Following
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
military successes, Ferdinand hoped to restore control of land to that specified in the Peace of Augsburg (1555). That treaty's " Ecclesiastical Reservation" had prohibited further
secularization In sociology, secularization (or secularisation) is the transformation of a society from close identification with religious values and institutions toward non-religious values and secular institutions. The ''secularization thesis'' expresses the ...
of lands held by the
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
church after 1555, disallowing any transfer of such lands to
Protestant Protestantism is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...
control. However, as the
Holy Roman Empire The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 ...
descended into the
Thirty Years' War The Thirty Years' War was one of the longest and most destructive conflicts in European history, lasting from 1618 to 1648. Fought primarily in Central Europe, an estimated 4.5 to 8 million soldiers and civilians died as a result of battle ...
, weak emperors had been unable to enforce this provision against Protestant encroachments.


Background

The
Diet of Speyer (1526) The Diet of Speyer or the Diet of Spires (sometimes referred to as Speyer I) was an Imperial Diet of the Holy Roman Empire in 1526 in the Imperial City of Speyer in present-day Germany. The Diet's ambiguous edict resulted in a temporary suspens ...
introduced the principle of ''
cuius regio, eius religio () is a Latin phrase which literally means "whose realm, their religion" – meaning that the religion of the ruler was to dictate the religion of those ruled. This legal principle marked a major development in the collective (if not individua ...
'': in essence, agreeing to disagree within the Holy Roman Empire. With that principle confirmed by the Peace of Augsburg, large-scale violence between
Lutherans Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched ...
and Catholics in Germany was temporarily avoided. Some Protestant princes interpreted this principle to mean that the Peace of Augsburg allowed secularization of lands held under Catholic church officials who converted to Protestantism. With the Emperors unable to enforce an interpretation more favorable to them, lands traditionally held by the Catholic church continued to be secularized in this way after the Peace of Augsburg. In Europe at this time, and in particular the German states within the
Holy Roman Empire The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 ...
, control over land and its inheritance was frequently contested, as it was the main source of both
power Power most often refers to: * Power (physics), meaning "rate of doing work" ** Engine power, the power put out by an engine ** Electric power * Power (social and political), the ability to influence people or events ** Abusive power Power may a ...
and
wealth Wealth is the abundance of valuable financial assets or physical possessions which can be converted into a form that can be used for transactions. This includes the core meaning as held in the originating Old English word , which is from an I ...
. Noble families sought to control as much land within the extended family as possible, including by appointing younger sons prince-bishops or prince-abbots. This system created strong incentives to convert to Protestantism and secularize land, thereby seizing control of it from the Catholic Church.


The Edict

The "Edict of Restitution" attempted to retroactively enforce Ferdinand's interpretation of the " Ecclesiastical Reservation" of the Augsburg treaty, effectively undoing changes in control over large areas of land. This had a strong polarizing effect, causing the approximately 1,800 states of the Holy Roman Empire to form disparate, violently opposed blocs. If fully effected, it would have changed the rulers of the already secularized archbishoprics of Bremen and
Magdeburg Magdeburg (; nds, label=Low Saxon, Meideborg ) is the capital and second-largest city of the German state Saxony-Anhalt. The city is situated at the Elbe river. Otto I, the first Holy Roman Emperor and founder of the Archdiocese of Magdebu ...
, 12 bishoprics, and over 100 religious houses throughout the German states. What was implemented resulted in a great transfer of power and property from the Protestants to the Catholics, compounding a divisive religious struggle with conflict for dynastic power among many smaller German princes, who might otherwise have stayed neutral. This dramatic expansion in the scope and stakes of the Thirty Years' War was very destructive to Germany's lands and people, as mercenary armies marched through neutral states or ravaged them in the course of their foraging expeditions. Tens of thousands of Protestants fled to Protestant-controlled states, generally broadening the war. Central Germany was ravaged repeatedly, probably losing between 25% and 50% of its pre-war population because the competing armies continually seized food, causing widespread famine and deaths from endemic diseases among people weakened by hunger. In northeastern
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, where Ferdinand's power had been weakest, Ferdinand appointed Imperial administrators to take control of the secularized states and cities, re-establishing Imperial authority in an area that had been highly autonomous for a century. Ferdinard's role grew and his kingdom was deemed to be more powerful. Many princes opposed this, but had no immediate means of resisting it, with the Coalition destroyed and
Wallenstein Albrecht Wenzel Eusebius von Wallenstein () (24 September 1583 – 25 February 1634), also von Waldstein ( cs, Albrecht Václav Eusebius z Valdštejna), was a Bohemian military leader and statesman who fought on the Catholic side during the Th ...
keeping an army of 134,000 troops in the field to enforce Imperial authority. French alarm at the threat a united Empire could pose ultimately led to French intervention in the war. Wallenstein personally disliked the Edict, as it interfered with the region he considered his own, but he did his duty for the emperor to the fullest, stating that "he would teach the Electors manners. They must be dependent on the emperor, not the emperor on them." The princes responded by rallying behind's Maximillian of Bavaria effort to pressure Ferdinand into dismissing Wallenstein. Their chance came in 1630 when Ferdinand called a meeting of the Electors in Regensburg because he wanted his son, Ferdinand III, elected King of the Romans. As the emperor of the
Holy Roman Empire The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 ...
was selected by a vote from the Electorate of German princes, Ferdinand needed their cooperation to approve his son as successor. Ferdinand also hoped to persuade the Electors to approve greater direct Imperial Austrian involvement in the European wars.
John George I of Saxony John George I (5 March 1585 – 8 October 1656) was Elector of Saxony from 1611 to 1656. He led Saxony through the Thirty Years' War, which dominated his 45 year reign. Biography Born in Dresden, John George was the second son of the Elector Chr ...
and
George William of Brandenburg George William (german: Georg Wilhelm; 13 November 1595 – 1 December 1640), of the Hohenzollern dynasty, was Margrave and Elector of Brandenburg and Duke of Prussia from 1619 until his death. His reign was marked by ineffective governance during ...
(both Protestant) did not attend the meeting, in protest against the Edict. The Electors who were present concluded that they had little to gain from additional involvement in the wars, and Maximillian asked Ferdinand for the dismissal of Wallenstein. To win over the Electors, Ferdinand removed Wallenstein in August 1630, allowing him to resign to save face. The dismissal of the most powerful military figure in Europe was a major victory for the Electors, and the Regensburg conclave is considered a defeat for Ferdinand. In July 1630, Gustavus Adolphus landed in
Pomerania Pomerania ( pl, Pomorze; german: Pommern; Kashubian: ''Pòmòrskô''; sv, Pommern) is a historical region on the southern shore of the Baltic Sea in Central Europe, split between Poland and Germany. The western part of Pomerania belongs to ...
with 4,000 men in response to the persecution of the Protestants. Without Wallenstein, Ferdinand had to turn to Maximillian and
Tilly Tilly may refer to: Places France * Tilly, Eure, in the Eure ''département'' * Tilly, Indre, in the Indre ''département'' * Tilly, Yvelines, in the Yvelines ''département'' Elsewhere * Tilly, Belgium, a village in the municipality of Viller ...
to stop the new threat. This turned the tide of the Thirty Years' War. In 1635 the Edict of Restitution was effectively revoked by the terms of the Peace of Prague. Led by Cardinal Dietrichstein, 22 theologians, mostly Dominicans and Capuchins led by Don Diego Quiroga, voted in favour of its repeal. A minority of Jesuits led by Lamormaini voted against it.Wallenstein his life narrated by Golo Mann


References

{{DEFAULTSORT:Edict Of Restitution 1629 in law 1629 in religion 1629 in the Holy Roman Empire Christianity and law in the 17th century
Restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
Ferdinand II, Holy Roman Emperor