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... 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 a Christian and Universal
Peace, and a perpetual, true, and sincere Amity, between his Sacred Imperial
Majesty, and his most Christian Majesty; as also, between all and each
of the Allies, and Adherents of his said Imperial Majesty, the House of
Austria, and its Heirs, and Successors; but chiefly between the Electors,
Princes, and States of the Empire on the one side; and all and each of
the Allies of his said Christian Majesty, and all their Heirs and Successors,
chiefly between the most Serene Queen and Kingdom of Swedeland, the Electors
respectively, the Princes and States of the Empire, on the other part.
That this Peace and Amity be observ’d and cultivated with such a Sincerity
and Zeal, that each Party shall endeavour to procure the Benefit, Honour
and Advantage of the other; that thus on all sides they may see this Peace
and Friendship in the Roman Empire, and the Kingdom of France flourish,
by entertaining a good and faithful Neighbourhood. ...
... That there shall be a Christian and Universal
Peace, and a perpetual, true, and sincere Amity, between his Sacred Imperial
Majesty, and his most Christian Majesty; as also, between all and each
of the Allies, and Adherents of his said Imperial Majesty, the House of
Austria, and its Heirs, and Successors; but chiefly between the Electors,
Princes, and States of the Empire on the one side; and all and each of
the Allies of his said Christian Majesty, and all their Heirs and Successors,
chiefly between the most Serene Queen and Kingdom of Swedeland, the Electors
respectively, the Princes and States of the Empire, on the other part.
That this Peace and Amity be observ’d and cultivated with such a Sincerity
and Zeal, that each Party shall endeavour to procure the Benefit, Honour
and Advantage of the other; that thus on all sides they may see this Peace
and Friendship in the Roman Empire, and the Kingdom of France flourish,
by entertaining a good and faithful Neighbourhood. ...
... And that a reciprocal Amity between the Emperor,
and the Most Christian King, the Electors, Princes and States of the Empire,
may be maintain’d so much the more firm and sincere (to say nothing at
present of the Article of Security, which will be mention’d hereafter)
the one shall never assist the present or future Enemys of the other under
any Title or Pretence whatsoever, either with Arms, Money, Soldiers, or
any sort of Ammunition; nor no one, who is a Member of this Pacification,
shall suffer any Enemys Troops to retire thro’ or sojourn in his Country. ...
... That the Circle of Burgundy shall be and continue
a Member of the Empire, after the Disputes between France and Spain (comprehended
in this Treaty) shall be terminated. That nevertheless, neither the Emperor,
nor any of the States of the Empire, shall meddle with the Wars which are
now on foot between them. That if for the future any Dispute arises between
these two Kingdoms, the abovesaid reciprocal Obligation of not aiding each
others Enemys, shall always continue firm between the Empire and the Kingdom
of France, but yet so as that it shall be free for the States to succour;
without the bounds of the Empire, such or such Kingdoms, but still according
to the Constitutions of the Empire. ...
... That the Circle of Burgundy shall be and continue
a Member of the Empire, after the Disputes between France and Spain (comprehended
in this Treaty) shall be terminated. That nevertheless, neither the Emperor,
nor any of the States of the Empire, shall meddle with the Wars which are
now on foot between them. That if for the future any Dispute arises between
these two Kingdoms, the abovesaid reciprocal Obligation of not aiding each
others Enemys, shall always continue firm between the Empire and the Kingdom
of France, but yet so as that it shall be free for the States to succour;
without the bounds of the Empire, such or such Kingdoms, but still according
to the Constitutions of the Empire. ...
... That the Controversy touching Lorain shall be
refer’d to Arbitrators nominated by both sides, or it shall be terminated
by a Treaty between France and Spain, or by some other friendly means;
and it shall be free as well for the Emperor, as Electors, Princes and
States of the Empire, to aid and advance this Agreement by an amicable
Interposition, and other Offices of Pacification, without using the force
of Arms. ...
... 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. ...
... 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. ...
... That he shall inviolably leave the Free Nobility
of the Empire, which are in Franconia, Swabia, and all along the Rhine,
and the Districts thereof, in the state they are at present. ...
... That the Dispute depending between the Bishops
of Bamberg and Wirtzberg on the one, and the Marquiss of Brandenburg, Culmbach,
and Onalzbach, on the other side, touching the Castle, Town, Jurisdiction,
and Monastery of Kitzingen in Franconia, on the Main, shall be amicably
compos’d; or, in a judicial manner, within two years time, upon pain of
the Person’s losing his Pretensions, that shall delay it: and that, in
the mean time, the Fort of Wirtzberg shall be surrender’d to the said Lords
Marquisses, in the same state it was taken, according as it has been agreed
and stipulated. ...
... 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 the Contracts, Exchanges, Transactions, Obligations,
Treatys, made by Constraint or Threats, and extorted illegally from States
or Subjects (as in particular, those of Spiers complain, and those of Weisenburg
on the Rhine, those of Landau, Reitlingen, Hailbron, and others) shall
be so annull’d and abolish’d, that no more Enquiry shall be made after
them. ...
... 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. ...
... As to their Estates that have been lost by Confiscation
or otherways, before they took the part of the Crown of France, or of Swedeland,
notwithstanding the Plenipotentiarys of Swedeland have made long instances,
they may be also restor’d. Nevertheless his Imperial Majesty being to receive
Law from none, and the Imperialists sticking close thereto, it has not
been thought convenient by the States of the Empire, that for such a Subject
the War should be continu’d: And that thus those who have lost their Effects
as aforesaid, cannot recover them to the prejudice of their last Masters
and Possessors. But the Estates, which have been taken away by reason of
Arms taken for France or Swedeland, against the Emperor and the House of
Austria, they shall be restor’d in the State they are found, and that without
any Compensation for Profit or Damage. ...
... As to their Estates that have been lost by Confiscation
or otherways, before they took the part of the Crown of France, or of Swedeland,
notwithstanding the Plenipotentiarys of Swedeland have made long instances,
they may be also restor’d. Nevertheless his Imperial Majesty being to receive
Law from none, and the Imperialists sticking close thereto, it has not
been thought convenient by the States of the Empire, that for such a Subject
the War should be continu’d: And that thus those who have lost their Effects
as aforesaid, cannot recover them to the prejudice of their last Masters
and Possessors. But the Estates, which have been taken away by reason of
Arms taken for France or Swedeland, against the Emperor and the House of
Austria, they shall be restor’d in the State they are found, and that without
any Compensation for Profit or Damage. ...
... And since for the greater Tranquillity of the
Empire, in its general Assemblys of Peace, a certain Agreement has been
made between the Emperor, Princes and States .of the Empire, which has
been inserted in the Instrument and Treaty of Peace, concluded with the
Plenipotentiarys of the Queen and Crown of Swedeland, touching the Differences
about Ecclesiastical Lands, and the Liberty of the Exercise of Religion;
it has been found expedient to confirm,and ratify it by this present Treaty,
in the same manner as the abovesaid Agreement has been made with the said
Crown of Swedeland; also with those call’d the Reformed, in the same manner,
as
if the words of the abovesaid Instrument were reported here verbatim. ...
... Touching the Affair of Hesse Cassel, it has been
agreed as follows: In the first place, The House of Hesse Cassel, and all
its Princes, chiefly Madam Emelie Elizabeth Landgravine of Hesse, and her
Son Monsieur William and his Heirs, his Ministers, Officers, Vassals, Subjects,
Soldiers, and others who follow his Service in any manner soever, without
any Exception, notwithstanding Contracts to the contrary, Processes, Proscriptions,
Declarations, Sentences, Executions and Transactions; as also notwithstanding
any Actions and Pretensions for Damages and Injuries as well from Neutrals,
as from those who were in Arms, annull’d by the General Amnesty here before
establish’d, and to take place from the beginning of the War in Bohemia,
with a full Restitution (except the Vassals, and Hereditary Subjects of
his Imperial Majesty, and the House of Austria, as is laid down in the
Paragraph, Tandemomnes, &c.) shall partake of all the Advantages redounding
from this Peace, with the same Rights other States enjoy, as is set forth
in the Article which commences, Unanimi, &c. ...
... And tho Madam the Landgravine has only demanded
Restitution and Reparation of the Arch-bishopricks of Mayence, Cologne,
Paderborn, Munster, and the Abby of Fulden; and has not insisted that any
besides should contribute any thing for this Purpose: nevertheless the
Assembly have thought fit, according to the Equity and Circumstances of
Affairs, that without prejudice to the Contents of the preceding Paragraph,
which begins, Conventum praterea est, &c. IT HAS BEEN FURTHER AGREED,
the other States also on this and the other side the Rhine, and who since
the first of March of this present Year, have paid Contributions to the
Hessians, shall bear their Proportion pro Rata of their preceding Contributions,
to make up the said Sum with the Arch-bishopricks, Bishopricks and Abby
above-named, and forward the Payments of the Garisons of the Cautionary
Towns. If any has suffer’d Damage by the delay of others, who are to pay
their share, the Officers or Soldiers of his Imperial Majesty, of the most
Christian King, and of the Landgravine of Hesse, shall not hinder the forcing
of those who have been tardy; and the Hessian Soldiers shall not pretend
to except any from this Constraint, to the prejudice of this Declaration,
but those who have duly paid their Proportion, shall thereby be freed from
all Charges. ...
... And as His Imperial Majesty, upon Complaints made
in the name of the City of Basle, and of all Switzerland, in the presence
of their Plenipotentiarys deputed to the present Assembly, touching some
Procedures and Executions proceeding from the Imperial Chamber against
the said City, and the other united Cantons of the Swiss Country, and their
Citizens and Subjects having demanded the Advice of the States of the Empire
and their Council; these have, by a Decree of the 14th of May of the last
Year, declared the said City of Basle, and the other Swiss-Cantons, to
be as it were in possession of their full Liberty and Exemption of the
Empire; so that they are no ways subject to the Judicatures, or Judgments
of the Empire, and it was thought convenient to insert the same in this
Treaty of Peace, and confirm it, and thereby to make void and annul all
such Procedures and Arrests given on this Account in what form soever. ...
... 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. ...
... They shall enjoy without contradiction, the Right
of Suffrage in all Deliberations touching the Affairs of the Empire; but
above all, when the Business in hand shall be the making or interpreting
of Laws, the declaring of Wars, imposing of Taxes, levying or quartering
of Soldiers, erecting new Fortifications in the Territorys of the States,
or reinforcing the old Garisons; as also when a Peace of Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the future, without the Suffrage and Consent
of the Free Assembly of all the States of the Empire: Above all, it shall
be free perpetually to each of the States of the Empire, to make Alliances
with Strangers for their Preservation and Safety; provided, nevertheless,
such Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the Oath by
which every one is bound to the Emperor and the Empire. ...
... They shall enjoy without contradiction, the Right
of Suffrage in all Deliberations touching the Affairs of the Empire; but
above all, when the Business in hand shall be the making or interpreting
of Laws, the declaring of Wars, imposing of Taxes, levying or quartering
of Soldiers, erecting new Fortifications in the Territorys of the States,
or reinforcing the old Garisons; as also when a Peace of Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the future, without the Suffrage and Consent
of the Free Assembly of all the States of the Empire: Above all, it shall
be free perpetually to each of the States of the Empire, to make Alliances
with Strangers for their Preservation and Safety; provided, nevertheless,
such Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the Oath by
which every one is bound to the Emperor and the Empire. ...
... That 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. ...
... 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. ...
... 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. ...
... 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. ...
... As for the finding out of equitable and expedient
means, whereby the Prosecution of Actions against Debtors, ruin’d by the
Calamitys of the War, or charg’d with too great Interests, and whereby
these Matters may be terminated with moderation, to obviate greater inconveniences
which might arise, and to provide for the publick Tranquillity; His Imperial
Majesty shall take care to hearken as well to the Advices of his Privy
Council, as of the Imperial Chamber, and the States which are to be assembled,
to the end that certain firm and invariable Constitutions may be made about
this Matter And in the mean time the alledg’d Reasons and Circumstances
of the Partys shall be well weigh’d in Cases brought before the Sovereign
Courts of the Empire, or Subordinate ones of States and no body shall be
oppress’d by immoderate Executions; and ail this without prejudice to the
Constitution of Holstein. ...
... As for the finding out of equitable and expedient
means, whereby the Prosecution of Actions against Debtors, ruin’d by the
Calamitys of the War, or charg’d with too great Interests, and whereby
these Matters may be terminated with moderation, to obviate greater inconveniences
which might arise, and to provide for the publick Tranquillity; His Imperial
Majesty shall take care to hearken as well to the Advices of his Privy
Council, as of the Imperial Chamber, and the States which are to be assembled,
to the end that certain firm and invariable Constitutions may be made about
this Matter And in the mean time the alledg’d Reasons and Circumstances
of the Partys shall be well weigh’d in Cases brought before the Sovereign
Courts of the Empire, or Subordinate ones of States and no body shall be
oppress’d by immoderate Executions; and ail this without prejudice to the
Constitution of Holstein. ...
... The Rights and Privileges of Territorys, water’d
by Rivers or otherways, as Customs granted by the Emperor, with the Consent
of the Electors, and among others, to the Count of Oldenburg on the Viserg,
and introduc’d by a long Usage, shall remain in their Vigour and Execution.
There shall be a full Liberty of Commerce, a secure Passage by Sea and
Land: and after this manner all and every one of the Vassals, Subjects,
Inhabitants and Servants of the Allys, on the one side and the other, shall
have full power to go and come, to trade and return back, by Virtue of
this present Article, after the same manner as was allowed before the Troubles
of Germany; the Magistrates, on the one side and on the other, shall be
oblig’d to protect and defend them against all sorts of Oppressions, equally
with their own Subjects, without prejudice to the other Articles of this
Convention, and the particular laws and Rights of each place. And that
the said Peace and Amity between the Emperor and the Most Christian King,
may be the more corroborated, and the publick Safety provided for, it has
been agreed with the Consent, Advice and Will of the Electors, Princes
and States of the Empire, for the Benefit of Peace: ...
... 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. ...
... 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. ...
... And as for those Debts which the Colleges of the
States have been charg’d with by the Princes of the House of Austria, pursuant
to particular Agreements made in their Provincial Assemblys, or such as
the said States have contracted in the name of the Publick, and to which
they are liable; a just distribution of the same shall be made between
those who are to transfer their Allegiance to the King of France, and them
that continue under the Obedience of the House of Austria, that so either
Party may know what proportion of the said Debt he is to pay. ...
... And as for those Debts which the Colleges of the
States have been charg’d with by the Princes of the House of Austria, pursuant
to particular Agreements made in their Provincial Assemblys, or such as
the said States have contracted in the name of the Publick, and to which
they are liable; a just distribution of the same shall be made between
those who are to transfer their Allegiance to the King of France, and them
that continue under the Obedience of the House of Austria, that so either
Party may know what proportion of the said Debt he is to pay. ...
... 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. ...
... 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. ...
... 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. ...
... Finally, That all and every one either States,
Commonaltys, or private Men, either Ecclesiastical or Secular, who by virtue
of this Transaction and its general Articles, or by the express and special
Disposition of any of them, are oblig’d to restore, transfer, give, do,
or execute any thing, shall be bound forthwith after the Publication of
the Emperor’s Edicts, and after Notification given, to restore, transfer,
give, do, or execute the same, without any Delay or Exception, or evading
Clause either general or particular, contain’d in the precedent Amnesty,
and without any Exception and Fraud as to what they are oblig’d unto. ...
... 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. ...
... 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