... 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. ...
... 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. ...
... Further, to ease the Lord Charles Lewis, in some
measure, of the trouble of providing his Brothers with Appenages, his
Imperial
Majesty will give
order that forty thousand Rixdollars shall be
paid to
the said Brothers, in the four ensuing
Years; the first commencing with
the
Year 1649. The
Payment to be made of ten thousand Rixdollars yearly,
with five per Cent
Interest. ...
... The Garisons shall be maintain’d according to
the
Order, which has been hitherto usually practis’d, for the
Maintenance
of the Hessian
Soldiers and
Officers; and the things necessary for the
keeping of the Forts shall be furnish’d by the Arch-bishopricks and Bishopricks,
in which the said Fortresses are situated, without any Diminution of the
Sum above-mention’d. It shall be allow’d the Garisons, to exact the
Money
of those who shall retard
Payment too long, or who shall be refractory,
but not any more than what is
due. The
Rights of Superiority and
Jurisdiction,
as well Ecclesiastical as Secular, and the
Revenues of the said Castles
and
Towns, shall remain in the Arch-bishop of Cologne. ...
... That the
Diets of the Empire shall be held within
six
Months after the
Ratification of the
Peace; and after that
time as
often as the Publick Utility, or Necessity requires. That in the first
Diet the Defects of precedent Assemblys be chiefly
remedy’d; and that then
also be treated and settled by
common Consent of the
States, the Form and
Election of the
Kings of the Romans, by a Form, and certain
Imperial Resolution;
the
Manner and
Order which is to be observ’d for declaring one or more
States, to be within the Territorys of the Empire, besides the
Manner otherways
describ’d in the
Constitutions of the Empire; that they consider also of
re-
establishing the Circles, the renewing the Matricular-
Book, the re-
establishing
suppress’d
States, the moderating and lessening the Collects of the Empire,
Reformation of
Justice and
Policy, the taxing of
Fees in the
Chamber of
Justice, the
Due and requisite instructing of
ordinary Deputys for the
Advantage of the Publick, the true
Office of
Directors in the Colleges
of the Empire, and such other
Business as could not be here expedited. ...
... 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. ...
... That all the Vassals,
Subjects,
Citizens and
Inhabitants,
as well on this as the other side the Rhine, who were
subject to the
House
of
Austria, or who depended immediately on the Empire, or who acknowledg’d
for
Superiors the other
Orders of the Empire, notwithstanding all
Confiscations,
Transferrings, Donations made by any
Captains or Generals of the
Swedish
Troops, or Confederates, since the taking of the
Province, and
ratify’d
by the most Christian
King, or decreed by his own particular Motion; immediately
after the
Publication of
Peace, shall be restor’d to the
possession of
their
Goods, immovable and stable, also to their Farms, Castles,
Villages,
Lands, and
Possessions, without any
exception upon the
account of Expences
and
Compensation of
Charges, which the
modern Possessors may alledge, and
without Restitution of Movables or Fruits gather’d in. ...
... As to
Confiscations of Things, which consist in
Weight,
Number and
Measure, Exactions, Concussions and Extortions made
during the
War; the reclaiming of them is
fully annull’d and taken away
on the one side and the other, in
order to
avoid Processes and litigious
Strifes. ...
... That the most Christian
King shall be bound to
leave not only the Bishops of Strasburg and Basle, with the City of Strasburg,
but also the other
States or
Orders, Abbots of Murbach and Luederen, who
are in the one and the other Alsatia, immediately depending upon the Roman
Empire; the Abess of Andlavien, the Monastery of St. Bennet in the Valley
of St. George, the Palatines of Luzelstain, the Counts and Barons of Hanaw,
Fleckenstein, Oberstein, and all the
nobility of Lower Alsatia; Item, the
said ten
Imperial Citys, which depend on the Mayory of Haganoc, in the
Liberty and
Possession they have enjoy’d hitherto, to arise as immediately
dependent upon the Roman Empire; so that he cannot pretend any
Royal Superiority
over them, but shall
rest contented with the
Rights which appertain’d to
the
House of
Austria, and which by this present
Treaty of Pacification,
are yielded to the Crown of
France. In such a
manner, nevertheless, that
by the present
Declaration, nothing is intended that shall derogate from
the
Sovereign Dominion already hereabove
agreed to. ...
... The
Ambassadors and Plenipotentiarys of the
Emperor,
of the
King, and the
States of the Empire,
promise respectively and the
one to the other, to cause the
Emperor, the most Christian
King, the Electors
of the Sacred Roman Empire, the
Princes and
States, to
agree and
ratify
the
Peace which has been concluded in this
manner, and by
general Consent;
and so infallibly to
order it, that the solemn
Acts of
Ratification be
presented at Munster, and mutually and in good form exchang’d in the
term
of eight
weeks, to reckon from the
day of
signing. ...
... 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. ...
... In the
Name of the one and the other Bench, M.
Marc Ottoh of Strasburg, M. John James Wolff of Ratisbon, M. David Gloxinius
of Lubeck, and M. Lewis Christopher Kres of Kressenstein, all Syndick
Senators,
Counsellors and
Advocates of the Republick of Noremberg; who with their
proper Hands and
Seals have
sign’d and
seal’d this present
Treaty of
Peace,
and which said Deputys of the several
Orders have engag’d to
procure the
Ratifications of their
Superiors in the prefix’d
time, and in the
manner
it has been covenanted, leaving the
liberty to the other Plenipotentiarys
of
States to
sign it, if they think it convenient, and send for the
Ratifications
of their
Superiors: And that on
condition that by the Subscription of the
abovesaid
Ambassadors and Deputys, all and every one of the other
States
who shall abstain from
signing and
ratifying the present
Treaty, shall
be no less oblig’d to maintain and observe what is contain’d in this present
Treaty of Pacification, than if they had subscrib’d and
ratify’d it; and
no Protestation or Contradiction of the
Council of Direction in the Roman
Empire shall be
valid, or receiv’d in
respect to the Subscription and said
Deputys have made. ...