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... 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. ...
... According to this foundation of reciprocal Amity,
and a general Amnesty, all and every one of the Electors of the sacred
Roman Empire, the Princes and States (therein comprehending the Nobility,
which depend immediately on the Empire) their Vassals, Subjects, Citizens,
Inhabitants (to whom on the account of the Bohemian or German Troubles
or Alliances, contracted here and there, might have been done by the one
Party or the other, any Prejudice or Damage in any manner, or under what
pretence soever, as well in their Lordships, their fiefs, Underfiefs, Allodations,
as in their Dignitys, Immunitys, Rights and Privileges) shall be fully
re-establish’d on the one side and the other, in the Ecclesiastick or Laick
State, which they enjoy’d, or could lawfully enjoy, notwithstanding any
Alterations, which have been made in the mean time to the contrary. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... It shall also be free for the Elector of Treves,
as well in the Quality of Bishop of Spires as Bishop of Worms, to sue before
competent Judges for the Rights he pretends to certain Ecclesiastical Lands,
situated in the Territorys of the Lower Palatinate, if so be those Princes
make not a friendly Agreement among themselves. ...
... That if it should happen that the Male Branch
of William should be intirely extinct, and the Palatine Branch still subsist,
not only the Upper Palatinate, but also the Electoral Dignity of the Dukes
of Bavaria, shall revert to the said surviving Palatine, who in the mean
time enjoys the Investiture: but then the eighth Electorate shall be intirely
suppress’d. Yet in such case, nevertheless, of the return of the Upper
Palatinate to the surviving Palatines, the Heirs of any Allodian Lands
of the Bavarian Electors shall remain in Possession of the Rights and Benefices,
which may lawfully appertain to them. ...
... 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. ...
... Further, that all the Palatinate House, with all
and each of them, who are, or have in any manner adher’d to it; and above
all, the Ministers who have serv’d in this Assembly, or have formerly serv’d
this House; as also all those who are banish’d out of the Palatinate, shall
enjoy the general Amnesty here above promis’d, with the same Rights as
those who are comprehended therein, or of whom a more particular and ampler
mention has been made in the Article of Grievance. ...
... 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 Princes of Wirtemberg, of the Branches
of Montbeillard, shall be re-establish’d in all their Domains in Alsace,
and wheresoever they be situated, but particularly in the three Fiefs of
Burgundy, Clerval, and Passavant: and both Partys shall re-establish them
in the State, Rights and Prerogatives they enjoy’d before the Beginning
of these Wars. ...
... That Frederick, Marquiss of Baden, and of Hachberg,
and his Sons and Heirs, with all those who have serv’d them in any manner
whatsoever, and who serve them still, of what degree they may be, shall
enjoy the Amnesty above-mention’d, in the second and third Article, with
all its Clauses and Benefices; and by virtue thereof, they shall be fully
re-establish’d in the State Ecclesiastical or Secular, in the same manner
as the Lord George Frederick Marquiss of Beden and of Hachberg, possess’d,
before the beginning of the Troubles of Bohemia, whatever concern’d the
lower Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d the Marquisate of Hachberg, and the Lordships of Rottelen, Badenweiller,
and Sausenberg, notwithstanding, and annulling all the Changes made to
the contrary. After which shall be restor’d to Marquiss Frederick, the
Jurisdictions of Stein and Renchingen, without being charg’d with Debts,
which the Marquiss William has contracted during that time, by Reason of
the Revenues, Interests and Charges, put down in the Transaction pass’d
at Etlingen in the Year 1629. and transfer’d to the said William Marquiss
of Baden, with all the Rights, Documents, Writings, and other things appertaining;
so that all the Plea concerning the Charges and Revenues, as well receiv’d
as to receive, with their Damages and Interests, to reckon from the time
of the first Possession, shall be intirely taken away and abolish’d. ...
... 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. ...
... 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. ...
... That if Debtors have by force got some Bonds from
their Creditors, the same shall be restor’d, but not with prejudice to
their Rights. ...
... Finally, That all and each of the Officers, as
well Military Men as Counsellors and Gownmen, and Ecclesiasticks of what
degree they may be, who have serv’d the one or other Party among the Allies,
or among their Adherents, let it be in the Gown, or with the Sword, from
the highest to the lowest, without any distinction or exception, with their
Wives, Children, Heirs, Successors, Servants, as well concerning their
Lives as Estates, shall be restor’d by all Partys in the State of Life,
Honour, Renown, Liberty of Conscience, Rights and Privileges, which they
enjoy’d before the abovesaid Disorders; that no prejudice shall be done
to their Effects and Persons, that no Action or accusation shall be enter’d
against them; and that further, no Punishment be inflicted on them, or
they to bear any damage under what pretence soever: And all this shall
have its full effect in respect to those who are not Subjects or Vassals
of his Imperial Majesty, or of the House of Austria. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... That the Birth-right introduc’d in the House of
Hesse Cassel, and in that of Darmstadt, and confirm’d by His Imperial Majesty,
shall continue and be kept firm and inviolable. ...
... And to prevent for the future any Differences
arising in the Politick State, all and every one of the Electors, Princes
and
States of the Roman Empire, are so establish’d and confirm’d in their antient
Rights, Prerogatives, Libertys, Privileges, free exercise of Territorial
Right, as well Ecclesiastick, as Politick Lordships, Regales, by virtue
of this present Transaction: that they never can or ought to be molested
therein by any whomsoever upon any manner of pretence. ...
... And to prevent for the future any Differences
arising in the Politick State, all and every one of the Electors, Princes
and
States of the Roman Empire, are so establish’d and confirm’d in their antient
Rights, Prerogatives, Libertys, Privileges, free exercise of Territorial
Right, as well Ecclesiastick, as Politick Lordships, Regales, by virtue
of this present Transaction: that they never can or ought to be molested
therein by any whomsoever upon any manner of pretence. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... That Monsieur Francis, Duke of Lorain, shall be
restor’d to the possession of the Bishoprick of Verdun, as being the lawful
Bishop thereof; and shall be left in the peaceable Administration of this
Bishoprick and its Abbys (saving the Right of the King and of particular
Persons) and shall enjoy his Patrimonial Estates, and his other Rights,
wherever they may be situated (and as far as they do not contradict the
present Resignation) his Privileges, Revenues and Incomes; having previously
taken the Oath of Fidelity to the King, and provided he undertakes nothing
against the Good of the State and the Service of his Majesty. ...
... That Monsieur Francis, Duke of Lorain, shall be
restor’d to the possession of the Bishoprick of Verdun, as being the lawful
Bishop thereof; and shall be left in the peaceable Administration of this
Bishoprick and its Abbys (saving the Right of the King and of particular
Persons) and shall enjoy his Patrimonial Estates, and his other Rights,
wherever they may be situated (and as far as they do not contradict the
present Resignation) his Privileges, Revenues and Incomes; having previously
taken the Oath of Fidelity to the King, and provided he undertakes nothing
against the Good of the State and the Service of his Majesty. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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, The County of Hawenstein, the Black Forest,
the Upper and Lower Brisgaw, and the Towns situate therein, appertaining
of Antient Right to the House of Austria, viz. Neuburg, Friburg, Edingen,
Renzingen, Waldkirch, Willingen, Bruenlingen, with all their Territorys;
as also, the Monasterys, Abbys, Prelacys, Deaconrys, Knight-Fees, Commanderships,
with all their Bayliwicks, Baronys, Castles, Fortresses, Countys, Barons,
Nobles, Vassals, Men, Subjects, Rivers, Brooks, Forests, Woods, and all
the Regales, Rights, Jurisdictions, Fiefs and Patronages, and all other
things belonging to the Sovereign Right of Territory, and to the Patrimony
of the House of Austria, in all that Country. ...
... Item, The County of Hawenstein, the Black Forest,
the Upper and Lower Brisgaw, and the Towns situate therein, appertaining
of Antient Right to the House of Austria, viz. Neuburg, Friburg, Edingen,
Renzingen, Waldkirch, Willingen, Bruenlingen, with all their Territorys;
as also, the Monasterys, Abbys, Prelacys, Deaconrys, Knight-Fees, Commanderships,
with all their Bayliwicks, Baronys, Castles, Fortresses, Countys, Barons,
Nobles, Vassals, Men, Subjects, Rivers, Brooks, Forests, Woods, and all
the Regales, Rights, Jurisdictions, Fiefs and Patronages, and all other
things belonging to the Sovereign Right of Territory, and to the Patrimony
of the House of Austria, in all that Country. ...
... Item, The County of Hawenstein, the Black Forest,
the Upper and Lower Brisgaw, and the Towns situate therein, appertaining
of Antient Right to the House of Austria, viz. Neuburg, Friburg, Edingen,
Renzingen, Waldkirch, Willingen, Bruenlingen, with all their Territorys;
as also, the Monasterys, Abbys, Prelacys, Deaconrys, Knight-Fees, Commanderships,
with all their Bayliwicks, Baronys, Castles, Fortresses, Countys, Barons,
Nobles, Vassals, Men, Subjects, Rivers, Brooks, Forests, Woods, and all
the Regales, Rights, Jurisdictions, Fiefs and Patronages, and all other
things belonging to the Sovereign Right of Territory, and to the Patrimony
of the House of Austria, in all that Country. ...
... All Ortnaw, with the Imperial Citys of Ossenburg,
Gengenbach, Cellaham and Harmospach, forasmuch as the said Lordships depend
- on that of Ortnaw, so that no King of France can or ought ever to ; pretend
to or usurp any Right or Power over the said Countrys situated on this
and the other side the Rhine: nevertheless, in such a manner, that by this
present Restitution, the Princes of Austria shall acquire no new Right;
that for the future, the Commerce and Transportation shall be free to the
Inhabitants on both sides of the Rhine, and the adjacent Provinces. Above
all, the Navigation of the Rhine be free, and none of the partys shall
be permitted to hinder Boats going up or coming down, detain, stop, or
molest them under any pretence whatsoever, except the Inspection and Search
which is usually done to Merchandizes: And it shall not be permitted to
impose upon the Rhine new and unwonted Tolls, Customs, Taxes, Imposts,
and other like Exactions; but the one and the other Party shall contented
with the Tributes, Dutys and Tolls that were paid before these Wars, under
the Government of the Princes of Austria. ...
... All Ortnaw, with the Imperial Citys of Ossenburg,
Gengenbach, Cellaham and Harmospach, forasmuch as the said Lordships depend
- on that of Ortnaw, so that no King of France can or ought ever to ; pretend
to or usurp any Right or Power over the said Countrys situated on this
and the other side the Rhine: nevertheless, in such a manner, that by this
present Restitution, the Princes of Austria shall acquire no new Right;
that for the future, the Commerce and Transportation shall be free to the
Inhabitants on both sides of the Rhine, and the adjacent Provinces. Above
all, the Navigation of the Rhine be free, and none of the partys shall
be permitted to hinder Boats going up or coming down, detain, stop, or
molest them under any pretence whatsoever, except the Inspection and Search
which is usually done to Merchandizes: And it shall not be permitted to
impose upon the Rhine new and unwonted Tolls, Customs, Taxes, Imposts,
and other like Exactions; but the one and the other Party shall contented
with the Tributes, Dutys and Tolls that were paid before these Wars, under
the Government of the Princes of Austria. ...
... 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. ...
... 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 o