... 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. ...
... And as His
Imperial Majesty, upon
Complaints made
in the
name of the City of Basle, and of all
Switzerland, in the
presence
of their Plenipotentiarys deputed to the present
Assembly, touching some
Procedures and
Executions proceeding from the
Imperial Chamber against
the said City, and the other united Cantons of the
Swiss Country, and their
Citizens and
Subjects having demanded the
Advice of the
States of the Empire
and their
Council; these have, by a Decree of the 14th of May of the last
Year,
declared the said City of Basle, and the other
Swiss-Cantons, to
be as it were in
possession of their
full Liberty and
Exemption of the
Empire; so that they are no ways
subject to the Judicatures, or Judgments
of the Empire, and it was
thought convenient to insert the same in this
Treaty of
Peace, and confirm it, and thereby to make
void and annul all
such
Procedures and
Arrests given on this
Account in what form soever. ...
... As for the finding out of
equitable and
expedient
means, whereby the
Prosecution of
Actions against
Debtors, ruin’d by the
Calamitys of the
War, or charg’d with too
great Interests, and whereby
these Matters may be terminated with moderation, to obviate
greater inconveniences
which might arise, and to provide for the publick Tranquillity; His
Imperial
Majesty shall take
care to hearken as well to the Advices of his Privy
Council, as of the
Imperial Chamber, and the
States which are to be assembled,
to the end that certain
firm and invariable
Constitutions may be made about
this Matter And in the mean
time the alledg’d
Reasons and
Circumstances
of the Partys shall be well weigh’d in
Cases brought before the
Sovereign
Courts of the Empire, or
Subordinate ones of
States and no
body shall be
oppress’d by immoderate
Executions; and ail this without
prejudice to the
Constitution of Holstein. ...
... 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: ...
... 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. ...
... 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. ...
... 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. ...
... His
Imperial Majesty, at the modest
Request of
the
Duke of Savoy, shall together with the Investiture of the antient Fiefs
and
States, which the late Ferdinand II. of blessed memory
granted to the
Duke of Savoy, Victor Amadeus, also
grant him the Investiture of the
Places,
Lordships,
States, and all other
Rights of Montserrat, with their Appurtenances,
which have been
surrender’d to him by
virtue of the abovesaid
Treaty of
Cheras, and the
Execution thereof which ensu’d; as also, of the Fiefs of
New Monsort, of Sine, Monchery, and Castelles, with their Appurtenances,
according to the
Treaty of
Acquisition made by the said
Duke Victor Amadeus,
the 13th of October 1634. and conformable to the Concessions or
Permissions,
and Approbation of his
Imperial Majesty; with a
Confirmation also of all
the
Privileges which have been hitherto
granted to the Dukes of Savoy,
when and as often as the
Duke of Savoy shall
request and demand it. ...
... As soon as the
Treaty of
Peace shall be
sign’d
and
seal’d by the Plenipotentiarys and
Ambassadors, all Hostilitys shall
cease, and all Partys shall
study immediately to put in
execution what
has been
agreed to; and that the same may be the better and quicker accomplish’d,
the
Peace shall be solemnly
publish’d the
day after the
signing thereof
in the usual form at the Cross of the Citys of Munster and of Osnabrug.
That when it shall be known that the
signing has been made in these two
Places, divers
Couriers shall presently be sent to the Generals of the
Armys, to acquaint them that the
Peace is concluded, and take
care that
the Generals chuse a
Day, on which shall be made on all sides a
Cessation
of
Arms and Hostilitys for the
publishing of the
Peace in the
Army; and
that command be given to all and each of the
chief Officers Military and
Civil, and to the Governors of Fortresses, to abstain for the
future from
all
Acts of
Hostility: and if it happen that any thing be attempted, or
actually innovated after the said
Publication, the same shall be forthwith
repair’d and restor’d to its former
State. ...
... 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. ...
... That none, either
Officer or
Soldier in Garisons,
or any other whatsoever, shall
oppose the
Execution of the
Directors and
Governors of the
Militia of the Circles or Commissarys, but they shall
rather
promote the
Execution; and the said Executors shall be permitted
to use
Force against such as shall endeavour to
obstruct the
Execution
in what
manner soever. ...
... That none, either
Officer or
Soldier in Garisons,
or any other whatsoever, shall
oppose the
Execution of the
Directors and
Governors of the
Militia of the Circles or Commissarys, but they shall
rather
promote the
Execution; and the said Executors shall be permitted
to use
Force against such as shall endeavour to
obstruct the
Execution
in what
manner soever. ...
... That none, either
Officer or
Soldier in Garisons,
or any other whatsoever, shall
oppose the
Execution of the
Directors and
Governors of the
Militia of the Circles or Commissarys, but they shall
rather
promote the
Execution; and the said Executors shall be permitted
to use
Force against such as shall endeavour to
obstruct the
Execution
in what
manner soever. ...
... 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. ...
... Nevertheless, if for the
space of three
years
the
Difference cannot be terminated by any of those means, all and every
one of those
concern’d in this
Transaction shall be oblig’d to join the
injur’d
Party, and assist him with
Counsel and
Force to
repel the
Injury,
being first advertis’d by the injur’d that gentle Means and
Justice prevail’d
nothing; but without
prejudice, nevertheless, to every one’s
Jurisdiction,
and the
Administration of Justice conformable to the
Laws of each
Prince
and
State: and it shall not be permitted to any
State of the Empire to
pursue his
Right by
Force and
Arms; but if any
difference has happen’d
or happens for the
future, every one shall try the means of
ordinary Justice,
and the Contravener shall be regarded as an Infringer of the
Peace. That
which has been
determin’d by
Sentence of the
Judge, shall be put in
execution,
without
distinction of
Condition, as the
Laws of the Empire enjoin touching
the
Execution of
Arrests and
Sentences. ...
... Nevertheless, if for the
space of three
years
the
Difference cannot be terminated by any of those means, all and every
one of those
concern’d in this
Transaction shall be oblig’d to join the
injur’d
Party, and assist him with
Counsel and
Force to
repel the
Injury,
being first advertis’d by the injur’d that gentle Means and
Justice prevail’d
nothing; but without
prejudice, nevertheless, to every one’s
Jurisdiction,
and the
Administration of Justice conformable to the
Laws of each
Prince
and
State: and it shall not be permitted to any
State of the Empire to
pursue his
Right by
Force and
Arms; but if any
difference has happen’d
or happens for the
future, every one shall try the means of
ordinary Justice,
and the Contravener shall be regarded as an Infringer of the
Peace. That
which has been
determin’d by
Sentence of the
Judge, shall be put in
execution,
without
distinction of
Condition, as the
Laws of the Empire enjoin touching
the
Execution of
Arrests and
Sentences. ...
... And that the publick
Peace may be so much the
better preserv’d intire, the Circles shall be renew’d; and as soon as any
Beginnings of Troubles are perceiv’d, that which has been concluded in
the
Constitutions, of the Empire, touching the
Execution and
Preservation
of the
Public Peace, shall be observ’d. ...