Law-ref.org TREATY OF WESTPHALIA
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... 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. ...


... 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. ...


... 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. ...


... For the greater Firmness of all and every one of these Articles, this present Transaction shall serve for a perpetual Law and establish’d Sanction of the Empire, to be inserted like other fundamental Laws and Constitutions of the Empire in the Acts of the next Diet of the Empire, and the Imperial Capitulation; binding no less the absent than the present, the Ecclesiasticks than Seculars, whether they be States of the Empire or not: insomuch as that it shall be a prescrib’d Rule, perpetually to be follow’d, as well by the Imperial Counsellors and Officers, as those of other Lords, and all Judges and Officers of Courts of Justice. ...


... 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. ...


... That nevertheless the concluded Peace shall remain in force, and all Partys in this Transaction shall be oblig’d to defend and protect all and every Article of this Peace against any one, without distinction of Religion; and if it happens any point shall be violated, the Offended shall before all things exhort the Offender not to come to any Hostility, submitting the Cause to a friendly Composition, or the ordinary Proceedings of Justice. ...