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... Peace Treaty between the Holy Roman Emperor and the
King of France and their respective Allies. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... That the Controversy touching Lorain shall be
refer’d 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. ...
... 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. ...
... 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. ...
... 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 establish’d 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. ...
... Secondly, that all the Lower Palatinate, with
all and every the Ecclesiastical and Secular Lands, Rights and Appurtenances,
which the Electors and Princes Palatine enjoy’d before the Troubles of
Bohemia, shall be fully restor’d 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. ...
... That the Family-Contracts made between the Electoral
House of Heidelberg and that of Nieuburg, touching the Succession to the
Electorate, confirm’d by former Emperors; as also all the Rights of the
Rudolphine Branch, forasmuch as they are not contrary to this Disposition,
shall be conserv’d and maintain’d entire. ...
... 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
obtain’d many Ages ago, and confirm’d by the Emperors. ...
... That the Fiefs confer’d by the Emperor on the
Baron Gerrard of Waldenburg, call’d 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, call’d 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. ...
... But for those who are Subjects and Hereditary
Vassals of the Emperor, and of the House of Austria, they shall really
have the benefit of the Amnesty, as for their Persons, Life, Reputation,
Honours: and they may return with Safety to their former Country; but they
shall be oblig’d to conform, and submit themselves to the Laws of the Realms,
or particular Provinces they shall belong to. ...
... 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. ...
... As for the rest, Law and Justice shall be administer’d
in Bohemia, and in all the other Hereditary Provinces of the Emperor, without
any respect; as to the Catholicks, so also to the Subjects, Creditors,
Heirs, or private Persons, who shall be of the Confession of Augsburg,
if they have any Pretensions, and enter or prosecute any Actions to obtain
Justice. ...
... And since for the greater Tranquillity of the
Empire, in its general Assemblys of Peace, a certain Agreement has been
made between the Emperor, Princes and States .of the Empire, which has
been inserted in the Instrument and Treaty of Peace, concluded with the
Plenipotentiarys of the Queen and Crown of Swedeland, touching the Differences
about Ecclesiastical Lands, and the Liberty of the Exercise of Religion;
it has been found expedient to confirm,and ratify it by this present Treaty,
in the same manner as the abovesaid Agreement has been made with the said
Crown of Swedeland; also with those call’d the Reformed, in the same manner,
as
if the words of the abovesaid Instrument were reported here verbatim. ...
... They shall enjoy without contradiction, the Right
of Suffrage in all Deliberations touching the Affairs of the Empire; but
above all, when the Business in hand shall be the making or interpreting
of Laws, the declaring of Wars, imposing of Taxes, levying or quartering
of Soldiers, erecting new Fortifications in the Territorys of the States,
or reinforcing the old Garisons; as also when a Peace of Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the future, without the Suffrage and Consent
of the Free Assembly of all the States of the Empire: Above all, it shall
be free perpetually to each of the States of the Empire, to make Alliances
with Strangers for their Preservation and Safety; provided, nevertheless,
such Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the Oath by
which every one is bound to the Emperor and the Empire. ...
... They shall enjoy without contradiction, the Right
of Suffrage in all Deliberations touching the Affairs of the Empire; but
above all, when the Business in hand shall be the making or interpreting
of Laws, the declaring of Wars, imposing of Taxes, levying or quartering
of Soldiers, erecting new Fortifications in the Territorys of the States,
or reinforcing the old Garisons; as also when a Peace of Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the future, without the Suffrage and Consent
of the Free Assembly of all the States of the Empire: Above all, it shall
be free perpetually to each of the States of the Empire, to make Alliances
with Strangers for their Preservation and Safety; provided, nevertheless,
such Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the Oath by
which every one is bound to the Emperor and the Empire. ...
... That as well as general as particular Diets, the
free Towns, and other States of the Empire, shall have decisive Votes;
they shall, without molestation, keep their Regales, Customs, annual Revenues,
Libertys, Privileges to confiscate, to raise Taxes, and other Rights, lawfully
obtain’d from the Emperor and Empire, or enjoy’d long before these Commotions,
with a full Jurisdiction within the inclosure of their Walls, and their
Territorys: making void at the same time, annulling and for the future
prohibiting all Things, which by Reprisals, Arrests, stopping of Passages,
and other prejudicial Acts, either during the War, under what pretext soever
they have been done and attempted hitherto by private Authority, or may
hereafter without any preceding formality of Right be enterpris’d. As for
the rest, all laudable Customs of the sacred Roman Empire, the fundamental
Constitutions and Laws, shall for the future be strictly observ’d, all
the Confusions which time of War have, or could introduce, being remov’d
and laid aside. ...
... And since it much concerns the Publick, that upon
the Conclusion of the Peace, Commerce be re-establish’d, for that end it
has been agreed, that the Tolls, Customs, as also the Abuses of the Bull
of Brabant, and the Reprisals and Arrests, which proceeded from thence,
together with foreign Certifications, Exactions, Detensions; Item, The
immoderate Expences and Charges of Posts, and other Obstacles to Commerce
and Navigation introduc’d to its Prejudice, contrary to the Publick Benefit
here and there, in the Empire on occasion of the War, and of late by a
private Authority against its Rights and Privileges, without the Emperor’s
and Princes of the Empire’s consent, shall be fully remov’d; and the antient
Security, Jurisdiction and Custom, such as have been long before these
Wars in use, shall be re-establish’d and inviolably maintain’d in the Provinces,
Ports and Rivers. ...
... 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: ...
... First, That the chief Dominion, Right of Sovereignty,
and all other Rights upon the Bishopricks of Metz, Toul, and Verdun, and
on the Citys of that Name and their Diocesses, particularly on Mayenvick,
in the same manner they formerly belong’d to the Emperor, shall for the
future appertain to the Crown of France, and shall be irrevocably incorporated
therewith for ever, saving the Right of the Metropolitan, which belongs
to the Archbishop of Treves. ...
... In the second place, the Emperor and Empire resign
and transfer to the most Christian King, and his Successors, the Right
of direct Lordship and Sovereignty, and all that has belong’d, or might
hitherto belong to him, or the sacred Roman Empire, upon Pignerol. ...
... In the third place the Emperor, as well in his
own behalf, as the behalf of the whole most Serene House of Austria, as
also of the Empire, resigns all Rights, Propertys, Domains, Possessions
and Jurisdictions, which have hitherto belong’d either to him, or the Empire,
and the Family of Austria, over the City of Brisac, the Landgraveship of
Upper and Lower Alsatia, Suntgau, and the Provincial Lordship of ten Imperial
Citys situated in Alsatia, viz. Haguenau, Calmer, Sclestadt, Weisemburg,
Landau, Oberenheim, Rosheim, Munster in the Valley of St. Gregory, Keyerberg,
Turingham, and of all the villages, or other Rights which depend on the
said Mayoralty; all and every of them are made over to the most Christian
King, and the Kingdom of France; in the same manner as the City of Brisac,
with the Villages of Hochstet, Niederrimsing, Hartem and Acharren appertaining
to the Commonalty of Brisac, with all the antient Territory and Dependence;
without any prejudice, nevertheless, to the Priviliges and Libertys granted
the said Town formerly by the House of Austria. ...
... Item, All the Vassals, Subjects, People, Towns,
Boroughs, Castles, Houses, Fortresses, Woods, Coppices, Gold or Silver
Mines, Minerals, Rivers, Brooks, Pastures; and in a word, all the Rights,
Regales and Appurtenances, without any reserve, shall belong to the most
Christian King, and shall be for ever incorporated with the Kingdom France,
with all manner of Jurisdiction and Sovereignty, without any contradiction
from the Emperor, the Empire, House of Austria, or any other: so that no
Emperor, or any Prince of the House of Austria, shall, or ever ought to
usurp, nor so much as pretend any Right and Power over the said Countrys,
as well on this, as the other side the Rhine. ...
... Item, All the Vassals, Subjects, People, Towns,
Boroughs, Castles, Houses, Fortresses, Woods, Coppices, Gold or Silver
Mines, Minerals, Rivers, Brooks, Pastures; and in a word, all the Rights,
Regales and Appurtenances, without any reserve, shall belong to the most
Christian King, and shall be for ever incorporated with the Kingdom France,
with all manner of Jurisdiction and Sovereignty, without any contradiction
from the Emperor, the Empire, House of Austria, or any other: so that no
Emperor, or any Prince of the House of Austria, shall, or ever ought to
usurp, nor so much as pretend any Right and Power over the said Countrys,
as well on this, as the other side the Rhine. ...
... Fourthly, By the Consent of the Emperor and the
whole Empire, the most Christian King and his Successors shall have perpetual
Right to keep a Garison in the Castle of Philipsburg, but limited to such
a number of Soldiers, as may not be capable to give any Umbrage, or just
Suspicion to the Neighbourhood; which Garison shall be maintain’d at the
Expences of the Crown of France. The Passage also shall be open for the
King into the Empire by Water, when, and as often as he shall send Soldiers,
Convoys, and bring necessary things thither. ...
... The Emperor, Empire, and Monsieur the Arch Duke
of Insprug, Ferdinand Charles, respectively discharge the Communitys, Magistrates,
Officers and Subjects of each of the said Lordships and Places, from the
Bonds and Oaths which they were hitherto bound by, and ty’d to the House
of Austria; and discharge and assign them over to the Subjection, Obedience
and Fidelity they are to give to the King and Kingdom of France; and consequently
confirm the Crown of France in a full and just Power over all the said
Places, renouncing from the present, and for ever, the Rights and Pretensions
they had thereunto: Which Cession the Emperor, the said Arch-Duke and his
Brother (by reason the said Renunciation concerns them particularly) shall
confirm by particular Letters for themselves and their Descendants; and
shall so order it also, that the Catholick King of Spain shall make the
same Renunciation in due and authentick form, which shall be done in the
name of the whole Empire, the same Day this present Treaty shall be sign’d. ...
... The Emperor, Empire, and Monsieur the Arch Duke
of Insprug, Ferdinand Charles, respectively discharge the Communitys, Magistrates,
Officers and Subjects of each of the said Lordships and Places, from the
Bonds and Oaths which they were hitherto bound by, and ty’d to the House
of Austria; and discharge and assign them over to the Subjection, Obedience
and Fidelity they are to give to the King and Kingdom of France; and consequently
confirm the Crown of France in a full and just Power over all the said
Places, renouncing from the present, and for ever, the Rights and Pretensions
they had thereunto: Which Cession the Emperor, the said Arch-Duke and his
Brother (by reason the said Renunciation concerns them particularly) shall
confirm by particular Letters for themselves and their Descendants; and
shall so order it also, that the Catholick King of Spain shall make the
same Renunciation in due and authentick form, which shall be done in the
name of the whole Empire, the same Day this present Treaty shall be sign’d. ...
... 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. ...
... 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. ...
... Further it has been agreed, That besides the Ratification
promis’d hereafter in the next Diet by the Emperor and the States of the
Empire, they shall ratify anew the Alienations of the said Lordships and
Rights: insomuch, that if it shou’d be agreed in the Imperial Capitulation,
or if there shou’d be a Proposal made for the future, in the Diet, to recover
the Lands and Rights of the Empire, the abovenam’d things shall not be
comprehended therein, as having been legally transfer’d to another’s Dominion,
with the common Consent of the States, for the benefit of the publick Tranquillity;
for which reason it has been found expedient the said Seigniorys shou’d
be ras’d out of the Matricular-Book of the Empire. ...
... 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 shall likewise declare, That within
the Investiture of the Dutchy of Mantua are comprehended the Castles of
Reygioli and Luzzare, with their Territorys and Dependencys, the Possession
whereof the Duke of Guastalla shall be oblig’d to render to the Duke of
Mantua, reserving to himself nevertheless, the Right of Six Thousand Crowns
annual Pension, which he pretends to, for which he may sue the Duke before
his Imperial Majesty. ...
... 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