... 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 stir’d up in the Roman Empire, which increas’d to such a
degree,
that not only all
Germany, but also the neighbouring
Kingdoms, and
France
particularly, have been involv’d 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 ensu’d
great
Effusion of Christian Blood, and the Desolation of several
Provinces. It
has at last happen’d, 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 imbroil’d, has not ceas’d to
contribute its
Counsels
for the publick
Welfare and Tranquillity; so that on the side, and the
other, they have form’d
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 resolv’d 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
establish’d, 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 inclin’d to be a
Mediator in these
Affairs.
After having implor’d the Divine
Assistance, and receiv’d 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. ...
... And that a reciprocal Amity between the
Emperor,
and the Most Christian
King, the Electors,
Princes and
States of the Empire,
may be maintain’d so much the more
firm and sincere (to say nothing at
present of the
Article of
Security, which will be mention’d 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 thro’ or sojourn in his
Country. ...
... Further, that all the Palatinate
House, with all
and each of them, who are, or have in any
manner adher’d to it; and above
all, the
Ministers who have serv’d in this
Assembly, or have formerly serv’d
this
House; as also all those who are banish’d out of the Palatinate, shall
enjoy the
general Amnesty here above promis’d, 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. ...
... 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. ...
... That Frederick, Marquiss of Baden, and of Hachberg,
and his Sons and Heirs, with all those who have serv’d them in any
manner
whatsoever, and who serve them still, of what
degree they may be, shall
enjoy the
Amnesty above-mention’d, in the second and third
Article, with
all its
Clauses and Benefices; and by
virtue thereof, they shall be
fully
re-
establish’d in the
State Ecclesiastical or Secular, in the same
manner
as the Lord George Frederick Marquiss of Beden and of Hachberg, possess’d,
before the beginning of the Troubles of
Bohemia, whatever
concern’d the
lower Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d 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 restor’d to Marquiss Frederick, the
Jurisdictions of Stein and Renchingen, without being charg’d with
Debts,
which the Marquiss William has contracted during that
time, by
Reason of
the
Revenues,
Interests and
Charges, put down in the
Transaction pass’d
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 receiv’d
as to
receive, with their
Damages and
Interests, to reckon from the
time
of the first
Possession, shall be intirely taken away and abolish’d. ...
... 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 pronounc’d. 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 alledg’d
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-
establish’d, &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. ...
... Touching the
Affair of Hesse Cassel, it has been
agreed as follows: In the first
place, The
House of Hesse Cassel, and all
its
Princes, chiefly Madam Emelie Elizabeth Landgravine of Hesse, and her
Son Monsieur William and his Heirs, his
Ministers,
Officers, Vassals,
Subjects,
Soldiers, and others who follow his
Service in any
manner soever, without
any
Exception, notwithstanding
Contracts to the
contrary,
Processes, Proscriptions,
Declarations,
Sentences,
Executions and
Transactions; as also notwithstanding
any
Actions and Pretensions for
Damages and
Injuries as well from Neutrals,
as from those who were in
Arms, annull’d by the
General Amnesty here before
establish’d, and to take
place from the beginning of the
War in
Bohemia,
with a
full Restitution (except the Vassals, and
Hereditary Subjects of
his
Imperial Majesty, and the
House of
Austria, as is laid down in the
Paragraph, Tandemomnes, &c.) shall partake of all the
Advantages redounding
from this
Peace, with the same
Rights other
States enjoy, as is set forth
in the
Article which commences, Unanimi, &c. ...
... The
Rights and
Privileges of Territorys,
water’d
by Rivers or otherways, as
Customs granted by the
Emperor, with the
Consent
of the Electors, and among others, to the Count of Oldenburg on the Viserg,
and introduc’d by a long Usage, shall remain in their Vigour and
Execution.
There shall be a
full Liberty of
Commerce, a secure Passage by
Sea and
Land: and after this
manner all and every one of the Vassals,
Subjects,
Inhabitants and
Servants of the Allys, on the one side and the other, shall
have
full power to go and come, to
trade and
return back, by
Virtue of
this present
Article, after the same
manner as was allowed before the Troubles
of
Germany; the Magistrates, on the one side and on the other, shall be
oblig’d to
protect and defend them against all sorts of Oppressions,
equally
with their own
Subjects, without
prejudice to the other
Articles of this
Convention, and the particular
laws and
Rights of each
place. And that
the said
Peace and Amity between the
Emperor and the Most Christian
King,
may be the more corroborated, and the publick
Safety provided for, it has
been
agreed with the
Consent,
Advice and Will of the Electors,
Princes
and
States of the Empire, for the
Benefit of
Peace: ...
... The
Rights and
Privileges of Territorys,
water’d
by Rivers or otherways, as
Customs granted by the
Emperor, with the
Consent
of the Electors, and among others, to the Count of Oldenburg on the Viserg,
and introduc’d by a long Usage, shall remain in their Vigour and
Execution.
There shall be a
full Liberty of
Commerce, a secure Passage by
Sea and
Land: and after this
manner all and every one of the Vassals,
Subjects,
Inhabitants and
Servants of the Allys, on the one side and the other, shall
have
full power to go and come, to
trade and
return back, by
Virtue of
this present
Article, after the same
manner as was allowed before the Troubles
of
Germany; the Magistrates, on the one side and on the other, shall be
oblig’d to
protect and defend them against all sorts of Oppressions,
equally
with their own
Subjects, without
prejudice to the other
Articles of this
Convention, and the particular
laws and
Rights of each
place. And that
the said
Peace and Amity between the
Emperor and the Most Christian
King,
may be the more corroborated, and the publick
Safety provided for, it has
been
agreed with the
Consent,
Advice and Will of the Electors,
Princes
and
States of the Empire, for the
Benefit of
Peace: ...
... For the
greater Validity of the said Cessions
and Alienations, the
Emperor and Empire, by
virtue of this present
Treaty,
abolish all and every one of the Decrees,
Constitutions,
Statutes and
Customs
of their Predecessors,
Emperors of the sacred Roman Empire, tho they have
been confirm’d by
Oath, or shall be confirm’d for the
future; particularly
this
Article of the
Imperial Capitulation, by which all or any Alienation
of the Appurtenances and
Rights of the Empire is
prohibited: and by the
same means they exclude for ever all
Exceptions hereunto, on what
Right
and Titles soever they may be grounded. ...
... Item, For
fear the
Differences arisen between
the Dukes of Savoy and Mantua touching Montserrat, and terminated by the
Emperor Ferdinand and Lewis XIII. Fathers to their Majestys, shou’d revive
some
time or other to the
damage or Christianity; it has been
agreed, That
the
Treaty of Cheras of the 6th of April 1631. with the
Execution thereof
which ensu’d in the Montserrat, shall
continue firm for ever, with all
its
Articles: Pignerol, and its Appurtenances, being nevertheless excepted,
concerning which there has been a
decision between his most Christian Majesty
and the
Duke of Savoy, and which the
King of
France and his
Kingdom have
purchas’d by particular Treatys, that shall remain
firm and stable, as
to what
concerns the
transferring or resigning of that
Place and its Appurtenances.
But if the said particular Treatys contain any thing which may trouble
the
Peace of the Empire, and excite new Commotions in
Italy, after the
present
War, which is now on foot in that
Province, shall be at an end,
they shall be look’d upon as
void and of no
effect; the said Cession continuing
nevertheless unviolable, as also the other
Conditions agreed to, as well
in favour of the
Duke of Savoy as the most Christian
King: For which
reason
their
Imperial and most Christian Majestys
promise reciprocally, that in
all other things relating to the said
Treaty of Cheras, and its
Execution,
and particularly to Albe, Trin, their Territorys, and the other
places,
they never shall contravene them either directly or
indirectly, by the
way of
Right or in
Fact; and that they neither shall succour nor countenance
the
Offender, but rather by their
common Authority shall endeavour that
none violate them under any pretence whatsoever; considering that the most
Christian
King has declar’d, That he was highly oblig’d to
advance the
Execution of the said
Treaty, and even to maintain it by
Arms; that above
all things the said Lord, the
Duke of Savoy, notwithstanding the
Clauses
abovemention’d, shall be always maintain’d in the peaceable
possession
of Trin and Albe, and other
places, which have been allow’d and assign’d
him by the said
Treaty, and by the Investiture which ensu’d thereon of
the Dutchy of Montserrat. ...
... The
Emperor above all things shall
publish an
Edict thro’out the Empire, and strictly enjoin all, who by these
Articles
of Pacification are oblig’d to
restore or do any thing else, to obey it
promptly and without tergi-versation, between the
signing and the
ratifying
of this present
Treaty; commanding as well the
Directors as Governors of
the
Militia of the Circles, to hasten and finish the Restitution to be
made to every one, in
conformity to those
Conventions, when the same are
demanded. This
Clause is to be inserted also in the Edicts, That whereas
the
Directors of the Circles, or the Governors of the
Militia of the Circles,
in matters that
concern themselves, are esteem’d less capable of executing
this
Affair in this or the like
case and likewise if the
Directors and
Governors of the
Militia of the Circles
refuse this
Commission, the
Directors
of the neighbouring Circle, or the Governors of the
Militia of the Circles
shall
exercise the
Function, and officiate in the
execution of these Restitutions
in the other Circles, at the instance of the Partys
concern’d. ...
... If any of those who are to have something restor’d
to them, suppose that the
Emperor’s Commissarys are necessary to be present
at the
Execution of some Restitution (which is left to their
Choice) they
shall have them. In which
case, that the
effect of the things
agreed on
may be the less hinder’d, it shall be permitted as well to those who
restore,
as to those to whom Restitution is to be made, to
nominate two or three
Commissarys immediately after the
signing of the
Peace, of whom his
Imperial
Majesty shall chuse two, one of each
Religion, and one of each
Party, whom
he shall injoin to accomplish without
delay all that which ought to be
done by
virtue of this present
Treaty. If the Restorers have neglected
to
nominate Commissioners, his
Imperial Majesty shall chuse one or two
as he shall think fit (observing, nevertheless, in all
cases the
difference
of
Religion, that an
equal number be put on each side) from among those
whom the
Party, to which somewhat is to be restor’d, shall have nominated,
to whom he shall commit the
Commission of executing it, notwithstanding
all
Exceptions made to the
contrary; and for those who pretend to Restitutions,
they are to intimate to the Restorers the Tenour of these
Articles immediately
after the
Conclusion of the
Peace. ...
... Finally, That all and every one either
States,
Commonaltys, or
private Men, either Ecclesiastical or Secular, who by
virtue
of this
Transaction and its
general Articles, or by the express and
special
Disposition of any of them, are oblig’d to
restore,
transfer, give, do,
or execute any thing, shall be bound forthwith after the
Publication of
the
Emperor’s Edicts, and after
Notification given, to
restore,
transfer,
give, do, or execute the same, without any
Delay or
Exception, or evading
Clause either
general or particular, contain’d in the precedent
Amnesty,
and without any
Exception and
Fraud as to what they are oblig’d unto. ...
... The Restitution being made pursuant to the
Articles
of
Amnesty and
Grievances, the
Prisoners being releas’d, all the Soldiery
of the Garisons, as well the
Emperor’s and his Allys, as the most Christian
King’s, and of the Landgrave of Hesse, and their Allys and Adherents, or
by whom they may have been put in, shall be drawn out at the same
time,
without any
Damage,
Exception, or
Delay, of the Citys of the Empire, and
all other
Places which are to be restor’d. ...
... That the very
Places, Citys,
Towns, Boroughs,
Villages, Castles, Fortresses and Forts which have been possess’d and retain’d,
as well in the
Kingdom of
Bohemia, and other Countrys of the Empire and
Hereditary Dominions of the
House of
Austria, as in the other Circles of
the Empire, by one or the other
Army, or have been
surrender’d by Composition;
shall be restor’d without
delay to their former and
lawful Possessors and
Lords, whether they be mediately or immediately
States of the Empire, Ecclesiastical
or Secular, comprehending therein also the
free Nobility of the Empire:
and they shall be left at their own
free disposal, either according to
Right and
Custom, or according to the
Force this present
Treaty ought to
have, notwithstanding all Donations, Infeoffments, Concessions (except
they have been made by the
free-will of some
State) Bonds for redeeming
of
Prisoners, or to
prevent Burnings and
Pillages, or such other like Titles
acquir’d to the
prejudice of the former and
lawful Masters and Possessors.
Let also all
Contracts and Bargains, and all
Exceptions contrary to the
said Restitution cease, all which are to be esteem’d
void; saving nevertheless
such things as have been otherwise
agreed on in the precedent
Articles
touching the Satisfaction to made to his most Christian Majesty, as also
some Concessions and
equivalent Compensations
granted to the Electors and
Princes of the Empire. That neither the Mention of the Catholick
King,
nor
Quality of the
Duke of Lorain given to
Duke Charles in the
Treaty between
the
Emperor and Swedeland, and much less the Title of Landgrave of Alsace,
given to the
Emperor, shall be any
prejudice to the most Christian
King.
That also which has been
agreed touching the Satisfaction to be made to
the
Swedish Troops, shall have no
effect in
respect to his Majesty. ...
... That it never shall be alledg’d, allow’d, or admitted,
that any Canonical or
Civil Law, any
general or particular Decrees of Councils,
any
Privileges, any Indulgences, any Edicts, any
Commissions, Inhibitions,
Mandates, Decrees, Rescripts, Suspensions of
Law, Judgments pronounc’d
at any
time,
Adjudications, Capitulations of the
Emperor, and other
Rules
and
Exceptions of
Religious Orders,
past or
future Protestations, Contradictions,
Appeals, Investitures,
Transactions,
Oaths, Renunciations,
Contracts, and
much less the Edict of 1629. or the
Transaction of Prague, with its Appendixes,
or the Concordates with the Popes, or the Interims of the
Year 1548. or
any other politick
Statutes, or Ecclesiastical Decrees, Dispensations,
Absolutions, or any other
Exceptions, under what pretence or
colour they
can be invented; shall take
place against this
Convention, or any of its
Clauses and
Articles neither shall any inhibitory or other
Processes or
Commissions be ever allow’d to the Plaintiff or Defendant. ...