... 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. ...
... In the first
place, as to what
concerns the
House
of Bavaria, the
Electoral Dignity which the Electors Palatine have hitherto
had, with all their Regales,
Offices, Precedencys,
Arms and
Rights, whatever
they be, belonging to this
Dignity, without excepting any, as also all
the Upper Palatinate and the County of Cham, shall remain, as for the
time
past, so also for the
future, with all their Appurtenances, Regales and
Rights, in the
possession of the Lord Maximilian, Count Palatine of the
Rhine,
Duke of Bavaria, and of his
children, and all the Willielmine Line,
whilst there shall be any
Male Children in being. ...
... That the
Agreement made, touching the
Entertainment
of the Lord Christian William, Marquiss of Brandenburg, shall be kept as
if recited in this
place, as it is put down in the fourteenth
Article of
the
Treaty between the Empire and Swedeland. ...
... The Most Christian
King shall
restore to the
Duke
of Wirtemberg, after the
manner hereafter related, where we shall mention
the
withdrawing of Garisons, the
Towns and Forts of Hohenwiel, Schorendorff,
Turbingen, and all other
places, without
reserve, where he keeps Garisons
in the Dutchy of Wirtemberg. As for the
rest, the Paragraph, THE
HOUSE
OF WIRTEMBERG, &c. shall be understood as inserted in this
Place, after
the same
manner it’s contain’d in the
Treaty of the Empire, and of Swedeland. ...
... The Most Christian
King shall
restore to the
Duke
of Wirtemberg, after the
manner hereafter related, where we shall mention
the
withdrawing of Garisons, the
Towns and Forts of Hohenwiel, Schorendorff,
Turbingen, and all other
places, without
reserve, where he keeps Garisons
in the Dutchy of Wirtemberg. As for the
rest, the Paragraph, THE
HOUSE
OF WIRTEMBERG, &c. shall be understood as inserted in this
Place, after
the same
manner it’s contain’d in the
Treaty of the Empire, and of Swedeland. ...
... That for the
future, the Precedency and
Session,
in the
States and Circle of Swabia, or other
General or Particular Assemblys
of the Empire, and any others whatsoever, shall be alternative in the two
Branches of Baden; viz. in that of the Upper, and that of the Lower Marquisate
of Baden: but nevertheless this Precedency shall remain in the Marquiss
Frederick during his
Life. It has been
agreed, touching the Barony of Hohengerolt
Zegk that if Madam, the Princess of Baden,
verifies the
Rights of her Pretension
upon the said Barony by authentick
Documents, Restitution shall be made
her, according to the
Rights and Contents of the said
Documents, as soon
as
Sentence shall be pronounc’d. That the Cognizance of this Cause shall
be terminated within two
Years after the
Publication of the
Peace: And
lastly, no
Actions,
Transaction, or
Exceptions, either
general or particular,
nor
Clauses comprehended in this
Treaty of
Peace, and whereby they would
derogate from the Vigour of this
Article, shall be at any
time alledg’d
by any of the Partys against this
special Agreement. The Paragraphs, the
Duke of Croy, &c. As for the
Controversy of Naussau-Siegen, &c.
To the Counts of Naussau, Sarrepont, &c. The
House of Hanau, &c.
John Albert Count of Solms, &c. as also, Shall be re-
establish’d the
House of Solms, Hohensolms, &c. The Counts of Isemburg, &c. The
Rhinegraves, &c. The Widow of Count Ernest of Sainen, &c. The Castle
and the County of Flackenstein, &c. Let also the
House of Waldeck be
re-
establish’d, &c. Joachim Ernest Count of Ottingen, &c. Item,
The
House of Hohenlo, &c. Frederick Lewis, &c. The Widow and Heirs
of the Count of Brandenstein, &c. The Baron Paul Kevenhuller, &c.
shall be understood to be inserted in this
place word by word, as they
are put down in the Instruor
Treaty between the Empire and Swedeland. ...
... Touching the
Affair of Hesse Cassel, it has been
agreed as follows: In the first
place, The
House of Hesse Cassel, and all
its
Princes, chiefly Madam Emelie Elizabeth Landgravine of Hesse, and her
Son Monsieur William and his Heirs, his
Ministers,
Officers, Vassals,
Subjects,
Soldiers, and others who follow his
Service in any
manner soever, without
any
Exception, notwithstanding
Contracts to the
contrary,
Processes, Proscriptions,
Declarations,
Sentences,
Executions and
Transactions; as also notwithstanding
any
Actions and Pretensions for
Damages and
Injuries as well from Neutrals,
as from those who were in
Arms, annull’d by the
General Amnesty here before
establish’d, and to take
place from the beginning of the
War in
Bohemia,
with a
full Restitution (except the Vassals, and
Hereditary Subjects of
his
Imperial Majesty, and the
House of
Austria, as is laid down in the
Paragraph, Tandemomnes, &c.) shall partake of all the
Advantages redounding
from this
Peace, with the same
Rights other
States enjoy, as is set forth
in the
Article which commences, Unanimi, &c. ...
... 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. ...
... In the second
place, the
House of Hesse Cassel,
and its
Successors, shall retain, and for this
purpose shall demand at
any
time, and when it shall be expir’d, the Investiture of his
Imperial
Majesty, and shall take the
Oath of Fidelity for the Abby of Hitsfield,
with all its Dependencys, as well Secular as Ecclesiastical, situated within
or without his Territorys (as the Deanery of Gellingen) saving nevertheless
the
Rights possess’d by the
House of Saxony,
time out of
mind. ...
... In the third
place, the
Right of a direct Signiory
over the
Jurisdictions and Bayliwick of Schaumburg, Buckenburg, Saxenhagen,
and Stattenhagen, given heretofore and adjudged to the Bishoprick of Mindau,
shall for the
future belong unto Monsieur William, the present Landgrave
of Hesse, and his
Successors in
full Possession, and for ever, so as that
the said Bishop, and no other shall be capable of molesting him; saving
nevertheless the
Agreement made between Christian Lewis,
Duke of Brunswick
and Lunenburg, and the Landgravine of Hesse, and Philip Count of Lippe,
as also the
Agreement made between the said Landgravine, and the said Count. ...
... It has been further
agreed, That for the Restitution
of
Places possess’d during this
War, and for the
Indemnity of Madam, the
Landgravine of Hesse, who is the
Guardian, the Sum of Six Hundred Thousand
Rixdollars shall be given to her and her Son, or his
Successors Princes
of Hesse, to be had from the Archbishopricks of Mayence and Cologne, from
the Bishopricks of Paderborn and Munster, and the Abby of Fulden; which
Sum shall be
paid at Cassel in the
term of eight
Months, to reckon from
the
Day of the
Ratification of the
Peace, at the peril and
charge of the
Solvent: and no
Exception shall be used to evade this promis’d
Payment,
on any Pretence; much less shall any
Seizure be made of the Sum
agreed
on. ...
... And to the end that Madam, the Landgravine, may
be so much the more assur’d of the
Payment, she shall retain on the
Conditions
following, Nuys, Cuesfeldt, and Newhaus, and shall keep Garisons in those
Places which shall depend on her alone; but with this
Limitation, That
besides the
Officers and other necessary
Persons in the Garisons, those
of the three above-nam’d
Places shall not exceed the
number of Twelve Hundred
Foot, and a Hundred
Horse; leaving to Madam, the Landgravine, the
Disposition
of the
number of
Horse and Foot she shall be
pleas’d to put in each of
these
Places, and whom she will
constitute Governor. ...
... And to the end that Madam, the Landgravine, may
be so much the more assur’d of the
Payment, she shall retain on the
Conditions
following, Nuys, Cuesfeldt, and Newhaus, and shall keep Garisons in those
Places which shall depend on her alone; but with this
Limitation, That
besides the
Officers and other necessary
Persons in the Garisons, those
of the three above-nam’d
Places shall not exceed the
number of Twelve Hundred
Foot, and a Hundred
Horse; leaving to Madam, the Landgravine, the
Disposition
of the
number of
Horse and Foot she shall be
pleas’d to put in each of
these
Places, and whom she will
constitute Governor. ...
... And to the end that Madam, the Landgravine, may
be so much the more assur’d of the
Payment, she shall retain on the
Conditions
following, Nuys, Cuesfeldt, and Newhaus, and shall keep Garisons in those
Places which shall depend on her alone; but with this
Limitation, That
besides the
Officers and other necessary
Persons in the Garisons, those
of the three above-nam’d
Places shall not exceed the
number of Twelve Hundred
Foot, and a Hundred
Horse; leaving to Madam, the Landgravine, the
Disposition
of the
number of
Horse and Foot she shall be
pleas’d to put in each of
these
Places, and whom she will
constitute Governor. ...
... As soon as after the
Ratification of
Peace, Three
Hundred Thousand Rixdollars shall be
paid to Madam, the Landgravine, she
shall give up Nuys, and shall only retain Cuesfeldt and Newhaus; but yet
so as that the Garison of Nuys shall not be thrown into the other two
Places,
nor nothing demanded on that
account; and the Garisons of Cuesfeldt shall
not exceed the
Number of Six Hundred Foot and Fifty
Horse. That if within
the
term of nine
Months, the whole Sum be not
paid to Madam the Landgravine,
not only Cuesfeldt and Newhaus shall remain in her Hands till the
full
Payment, but also for the
remainder, she shall be
paid Interest at Five
per Cent. and the Treasurers and Collectors of the Bayliwicks appertaining
to the abovesaid Arch-bishopricks, Bishopricks and Abby, bordering on the
Principality of Hesse, shall oblige themselves by
Oath to Madam the Landgravine,
that out of the
annual Revenues, they shall yearly
pay the
Interest of
the remaining Sum notwithstanding the
Prohibitions of their
Masters. If
the Treasurers and Collectors
delay the
Payment, or alienate the
Revenues,
Madam the Landgravine shall have
liberty to constrain them to
pay, by all
sorts of means, always saving the
Right of the Lord Proprietor of the
Territory. ...
... But as soon as Madam the Landgravine has receiv’d
the
full Sum, with all the
Interest, she shall
surrender the said
Places
which she retain’d for her
Security; the Payments shall cease, and the
Treasurers and Collectors, of which mention has been made, shall be freed,
from their
Oath: As for the Bayliwicks, the
Revenues of which shall be
assign’d for the
Payment of the Sum, that shall be adjusted before the
Ratification of the
Peace; and that
Convention shall be of no less
Force
than this present
Treaty of
Peace. ...
... Besides the
Places of Surety, which shall be left,
as aforesaid, to Madam the Landgravine, which she shall
restore after the
Payment, she shall
restore, after the
Ratification of the
Peace, all the
Provinces and Bishopricks, as also all their Citys, Bayliwicks, Boroughs,
Fortresses, Forts; and in one word, all immoveable
Goods, and all
Rights
seiz’d by her during this
War. So, nevertheless, that as well in the three
Places she shall retain as Cautionary, as the others to be restor’d, the
said Lady Landgravine not only shall cause to be convey’d away all the
Provisions and Ammunitions of
War she has put therein (for as to those
she has not sent thither, and what was found there at the taking of them,
and are there still, they shall
continue; ) but also the
Fortifications
and Ramparts, rais’d during the
Possession of the
Places, shall be
destroy’d
and demolish’d as much as possible, without exposing the
Towns, Borroughs,
Castles and Fortresses, to
Invasions and Robberys. ...
... Besides the
Places of Surety, which shall be left,
as aforesaid, to Madam the Landgravine, which she shall
restore after the
Payment, she shall
restore, after the
Ratification of the
Peace, all the
Provinces and Bishopricks, as also all their Citys, Bayliwicks, Boroughs,
Fortresses, Forts; and in one word, all immoveable
Goods, and all
Rights
seiz’d by her during this
War. So, nevertheless, that as well in the three
Places she shall retain as Cautionary, as the others to be restor’d, the
said Lady Landgravine not only shall cause to be convey’d away all the
Provisions and Ammunitions of
War she has put therein (for as to those
she has not sent thither, and what was found there at the taking of them,
and are there still, they shall
continue; ) but also the
Fortifications
and Ramparts, rais’d during the
Possession of the
Places, shall be
destroy’d
and demolish’d as much as possible, without exposing the
Towns, Borroughs,
Castles and Fortresses, to
Invasions and Robberys. ...
... Besides the
Places of Surety, which shall be left,
as aforesaid, to Madam the Landgravine, which she shall
restore after the
Payment, she shall
restore, after the
Ratification of the
Peace, all the
Provinces and Bishopricks, as also all their Citys, Bayliwicks, Boroughs,
Fortresses, Forts; and in one word, all immoveable
Goods, and all
Rights
seiz’d by her during this
War. So, nevertheless, that as well in the three
Places she shall retain as Cautionary, as the others to be restor’d, the
said Lady Landgravine not only shall cause to be convey’d away all the
Provisions and Ammunitions of
War she has put therein (for as to those
she has not sent thither, and what was found there at the taking of them,
and are there still, they shall
continue; ) but also the
Fortifications
and Ramparts, rais’d during the
Possession of the
Places, shall be
destroy’d
and demolish’d as much as possible, without exposing the
Towns, Borroughs,
Castles and Fortresses, to
Invasions and Robberys. ...
... 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: ...
... 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. ...
... Nevertheless the
King shall pretend to nothing
more than the
Protection and
safe Passage of his Garison into the Castle
of Philipsburg: but the
Property of the
Place, all
Jurisdiction,
Possession,
all its
Profits,
Revenues,
Purchases,
Rights, Regales,
Servitude,
People,
Subjects, Vassals, and every thing that of old in the Bishoprick of Spire,
and the
Churches incorporated therein, had appertain’d to the
Chapter of
Spire, or might have appertain’d thereto; shall appertain, and be intirely
and inviolably preserv’d to the same
Chapter, saving the
Right of
Protection
which the
King takes upon him. ...
... 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. ...
... Immediately after the Restitution of Benfield,
the
Fortifications of that
Place shall be ras’d, and of the
Fort Rhinau,
which is hard by, as also of Tabern in Alsatia, of the Castle of Hohember
and of Newburg on the Rhine: and there shall be in none of those
Places
any
Soldiers or Garison. ...
... Immediately after the Restitution of Benfield,
the
Fortifications of that
Place shall be ras’d, and of the
Fort Rhinau,
which is hard by, as also of Tabern in Alsatia, of the Castle of Hohember
and of Newburg on the Rhine: and there shall be in none of those
Places
any
Soldiers or Garison. ...
... 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 Plenipotentiarys on all sides shall
agree
among themselves, between the
Conclusion and the
Ratification of the
Peace,
upon the Ways,
Time, and Securitys which are to be taken for the Restitution
of
Places, and for the Disbanding of
Troops; of that both Partys may be
assur’d, that all things
agreed to shall be sincerely accomplish’d. ...
... The Restitution being made pursuant to the
Articles
of
Amnesty and
Grievances, the
Prisoners being releas’d, all the Soldiery
of the Garisons, as well the
Emperor’s and his Allys, as the most Christian
King’s, and of the Landgrave of Hesse, and their Allys and Adherents, or
by whom they may have been put in, shall be drawn out at the same
time,
without any
Damage,
Exception, or
Delay, of the Citys of the Empire, and
all other
Places which are to be restor’d. ...
... That the very
Places, Citys,
Towns, Boroughs,
Villages, Castles, Fortresses and Forts which have been possess’d and retain’d,
as well in the
Kingdom of
Bohemia, and other Countrys of the Empire and
Hereditary Dominions of the
House of
Austria, as in the other Circles of
the Empire, by one or the other
Army, or have been
surrender’d by Composition;
shall be restor’d without
delay to their former and
lawful Possessors and
Lords, whether they be mediately or immediately
States of the Empire, Ecclesiastical
or Secular, comprehending therein also the
free Nobility of the Empire:
and they shall be left at their own
free disposal, either according to
Right and
Custom, or according to the
Force this present
Treaty ought to
have, notwithstanding all Donations, Infeoffments, Concessions (except
they have been made by the
free-will of some
State) Bonds for redeeming
of
Prisoners, or to
prevent Burnings and
Pillages, or such other like Titles
acquir’d to the
prejudice of the former and
lawful Masters and Possessors.
Let also all
Contracts and Bargains, and all
Exceptions contrary to the
said Restitution cease, all which are to be esteem’d
void; saving nevertheless
such things as have been otherwise
agreed on in the precedent
Articles
touching the Satisfaction to made to his most Christian Majesty, as also
some Concessions and
equivalent Compensations
granted to the Electors and
Princes of the Empire. That neither the Mention of the Catholick
King,
nor
Quality of the
Duke of Lorain given to
Duke Charles in the
Treaty between
the
Emperor and Swedeland, and much less the Title of Landgrave of Alsace,
given to the
Emperor, shall be any
prejudice to the most Christian
King.
That also which has been
agreed touching the Satisfaction to be made to
the
Swedish Troops, shall have no
effect in
respect to his Majesty. ...
... And that this Restitution of possess’d
Places,
as well by his
Imperial Majesty as the most Christian
King, and the Allys
and Adherents of the one and the other
Party, shall be reciprocally and
bona fide executed. ...
... That the
Records, Writings and
Documents, and
other Moveables, be also restor’d; as likewise the Cannon found at the
taking of the
Places, and which are still in being. But they shall be allow’d
to carry off with them, and cause to be carry’d off, such as have been
brought thither from other parts after the taking of the
Places, or have
been taken in Battels, with all the
Carriages of
War, and what belongs
thereunto. ...
... That the
Records, Writings and
Documents, and
other Moveables, be also restor’d; as likewise the Cannon found at the
taking of the
Places, and which are still in being. But they shall be allow’d
to carry off with them, and cause to be carry’d off, such as have been
brought thither from other parts after the taking of the
Places, or have
been taken in Battels, with all the
Carriages of
War, and what belongs
thereunto. ...
... That the
Inhabitants of each
Place shall be oblig’d,
when the
Soldiers and Garisons draw out, to furnish them without
Money
the necessary Waggons,
Horses, Boats and
Provisions, to carry off all things
to the appointed
Places in the Empire; which Waggons,
Horses and Boats,
the Governors of the Garisons and the
Captains of the
withdrawing Soldiers
shall
restore without any
Fraud or Deceit. The
Inhabitants of the
States
shall
free and relieve each other of this trouble of carrying the things
from one
Territory to the other, until they arrive at the appointed
Place
in the Empire; and the Governors or other
Officers shall not be allow’d
to bring with him or them the lent Waggons,
Horses and Boats, nor any other
thing they are accommodated with, out of the
limits they belong unto, much
less out of those of the Empire. ...
... That the
Inhabitants of each
Place shall be oblig’d,
when the
Soldiers and Garisons draw out, to furnish them without
Money
the necessary Waggons,
Horses, Boats and
Provisions, to carry off all things
to the appointed
Places in the Empire; which Waggons,
Horses and Boats,
the Governors of the Garisons and the
Captains of the
withdrawing Soldiers
shall
restore without any
Fraud or Deceit. The
Inhabitants of the
States
shall
free and relieve each other of this trouble of carrying the things
from one
Territory to the other, until they arrive at the appointed
Place
in the Empire; and the Governors or other
Officers shall not be allow’d
to bring with him or them the lent Waggons,
Horses and Boats, nor any other
thing they are accommodated with, out of the
limits they belong unto, much
less out of those of the Empire. ...
... That the
Inhabitants of each
Place shall be oblig’d,
when the
Soldiers and Garisons draw out, to furnish them without
Money
the necessary Waggons,
Horses, Boats and
Provisions, to carry off all things
to the appointed
Places in the Empire; which Waggons,
Horses and Boats,
the Governors of the Garisons and the
Captains of the
withdrawing Soldiers
shall
restore without any
Fraud or Deceit. The
Inhabitants of the
States
shall
free and relieve each other of this trouble of carrying the things
from one
Territory to the other, until they arrive at the appointed
Place
in the Empire; and the Governors or other
Officers shall not be allow’d
to bring with him or them the lent Waggons,
Horses and Boats, nor any other
thing they are accommodated with, out of the
limits they belong unto, much
less out of those of the Empire. ...
... 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. ...