... 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. ...
... 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 practis’d, 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 pass’d 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 abolish’d in such a
manner that all that might be demanded
of, or pretended to, by each other on that behalf, shall be bury’d in eternal
Oblivion. ...
... 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 releas’d and abolish’d, yet at the instance of some has
been renew’d; 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 releas’d and restor’d to
the
Elector; and if by
accident some things should be Imbezel’d, they shall
be
fully restor’d to him; the Petitioners being refer’d, for the obtaining
a
determination of their
Rights, to the
Judge of the
Prince Elector, who
is
competent in the Empire. ...
... 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 releas’d and abolish’d, yet at the instance of some has
been renew’d; 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 releas’d and restor’d to
the
Elector; and if by
accident some things should be Imbezel’d, they shall
be
fully restor’d to him; the Petitioners being refer’d, for the obtaining
a
determination of their
Rights, to the
Judge of the
Prince Elector, who
is
competent in the Empire. ...
... That
Sentences pronounc’d during the
War about
Matters purely Secular, if the
Defect in the
Proceedings be not
fully manifest,
or cannot be immediately demonstrated, shall not be esteem’d wholly
void;
but that the
Effect shall be suspended until the
Acts of
Justice (if one
of the Partys demand the
space of six
months after the
Publication of the
Peace, for the reviewing of his Process) be
review’d and weigh’d in a proper
Court, and according to the
ordinary or extraordinary Forms us’d in the
Empire: to the end that the former Judgments may be confirm’d, amended,
or quite eras’d, in
case of Nullity. ...
... Finally, That all and each of the
Officers, as
well
Military Men as Counsellors and Gownmen, and Ecclesiasticks of what
degree they may be, who have serv’d the one or other
Party among the
Allies,
or among their Adherents, let it be in the Gown, or with the Sword, from
the highest to the lowest, without any
distinction or
exception, with their
Wives,
Children, Heirs,
Successors,
Servants, as well
concerning their
Lives as Estates, shall be restor’d by all Partys in the
State of
Life,
Honour, Renown,
Liberty of
Conscience,
Rights and
Privileges, which they
enjoy’d before the abovesaid Disorders; that no
prejudice shall be done
to their
Effects and
Persons, that no
Action or
accusation shall be enter’d
against them; and that further, no
Punishment be inflicted on them, or
they to bear any
damage under what pretence soever: And all this shall
have its
full effect in
respect to those who are not
Subjects or Vassals
of his
Imperial Majesty, or of the
House of
Austria. ...
... Finally, That all and each of the
Officers, as
well
Military Men as Counsellors and Gownmen, and Ecclesiasticks of what
degree they may be, who have serv’d the one or other
Party among the
Allies,
or among their Adherents, let it be in the Gown, or with the Sword, from
the highest to the lowest, without any
distinction or
exception, with their
Wives,
Children, Heirs,
Successors,
Servants, as well
concerning their
Lives as Estates, shall be restor’d by all Partys in the
State of
Life,
Honour, Renown,
Liberty of
Conscience,
Rights and
Privileges, which they
enjoy’d before the abovesaid Disorders; that no
prejudice shall be done
to their
Effects and
Persons, that no
Action or
accusation shall be enter’d
against them; and that further, no
Punishment be inflicted on them, or
they to bear any
damage under what pretence soever: And all this shall
have its
full effect in
respect to those who are not
Subjects or Vassals
of his
Imperial Majesty, or of the
House of
Austria. ...
... As to their Estates that have been lost by
Confiscation
or otherways, before they took the part of the Crown of
France, or of Swedeland,
notwithstanding the Plenipotentiarys of Swedeland have made long instances,
they may be also restor’d. Nevertheless his
Imperial Majesty being to
receive
Law from none, and the Imperialists sticking close thereto, it has not
been
thought convenient by the
States of the Empire, that for such a
Subject
the
War should be continu’d: And that thus those who have lost their
Effects
as aforesaid, cannot recover them to the
prejudice of their last
Masters
and Possessors. But the Estates, which have been taken away by
reason of
Arms taken for
France or Swedeland, against the
Emperor and the
House of
Austria, they shall be restor’d in the
State they are found, and that without
any
Compensation for
Profit or
Damage. ...
... 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. ...
... 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. ...
... 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 he who by his
Assistance or
Counsel shall
contravene this
Transaction or Publick
Peace, or shall
oppose its
Execution
and the abovesaid Restitution, or who shall have endeavour’d, after the
Restitution has been lawfully made, and without exceeding the
manner agreed
on before, without a
lawful Cognizance of the Cause, and without the
ordinary
Course of
Justice, to molest those that have been restor’d, whether Ecclesiasticks
or Laymen; he shall incur the
Punishment of being an Infringer of the publick
Peace, and
Sentence given against him according to the
Constitutions of
the Empire, so that the Restitution and Reparation may have its
full effect. ...