 |
Law-ref.org | TREATY OF WESTPHALIA |
Site search
Sister sites
agree [Global Index]
... 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. ...
... 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. ...
... Forasmuch-as that certain Jurisdictions of the
Bergstraet, belonging antiently to the Elector of Mayence, were in the
year 1463 mortgag’d to the House Palatine for a certain Sum of Money: upon
condition of perpetual Redemption, it has been agreed that the same Jurisdictions
shall be Restor’d to the present Elector of Mayence, and his Successors
in the Archbishoprick of Mayence, provided the Mortgage be paid in ready
Mony, within the time limited by the Peace to be concluded; and that he
satisfies the other Conditions, which he is bound to by the Tenor of the
Mortgage-Deeds. ...
... 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 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. ...
... And as to the Affair of the Succession of Juliers,
those concern’d, if a course be not taken about it, may one day cause great
Troubles in the Empire about it; it has been agreed, That the Peace being
concluded it shall be terminated without any Delay, either by ordinary
means before his Imperial Majesty, or by a friendly Composition, or some
other lawful ways. ...
... 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. ...
... 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. ...
... 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 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 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: ...
... 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. ...
... As for what concerns the Debts wherewith the Chamber
of Ensisheim is charg’d, the Arch-Duke Ferdinand Charles shall undertake
with that part of the Province, which the most Christian King shall restore
him, to pay one third without distinction, whether they be Bonds, or Mortgages;
provided they are in authentick form, and that they have a particular Mortgage,
either on the Provinces to be restor’d, or on them which are to be transfer’d;
or if there be none, provided they be found on the Books of Accounts, agreeing
with those of Receipts of the Chamber of Ensisheim, until the Expiration
of the year 1632, and have been inserted amonst the Debts of the publick
Chamber, and the said Chamber having been oblig’d to pay the Interests:
the Arch-Duke making this Payment, shall keep the King exempt from the
same. ...
... 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. ...
... Besides the said Sum, the most Christian King
shall be oblig’d to take upon him two Thirds of the Debts of the Chamber
of Ensisheim without distinction, whether by Bill or Mortgage, provided
they be in due and authentic Form, and have a special Mortgage either on
the Provinces to be transfer’d, or on them to be restor’d; or if there
be none, provided they be found on the Books of Accounts agreeing with
those of the Receits of the Chamber of Ensisheim, until the end of the
Year 1632, the said Sums having been inserted among the Debts of the Community,
and the Chamber having been oblig’d to pay the Interests: And the King
making this Payment, the Archduke shall be exempted for such a proportion.
And that the same may be equitably executed, Commissarys shall be deputed
on the one side and the other, immediately after the signing of this present
Treaty, who before the Payment of the first Sum, shall agree between them
what Debts every one has to pay. ...
... Besides the said Sum, the most Christian King
shall be oblig’d to take upon him two Thirds of the Debts of the Chamber
of Ensisheim without distinction, whether by Bill or Mortgage, provided
they be in due and authentic Form, and have a special Mortgage either on
the Provinces to be transfer’d, or on them to be restor’d; or if there
be none, provided they be found on the Books of Accounts agreeing with
those of the Receits of the Chamber of Ensisheim, until the end of the
Year 1632, the said Sums having been inserted among the Debts of the Community,
and the Chamber having been oblig’d to pay the Interests: And the King
making this Payment, the Archduke shall be exempted for such a proportion.
And that the same may be equitably executed, Commissarys shall be deputed
on the one side and the other, immediately after the signing of this present
Treaty, who before the Payment of the first Sum, shall agree between them
what Debts every one has to pay. ...
... 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, It has been agreed, That the Duke of Savoy,
his Heirs and Successors, shall no ways be troubled or call’d to an account
by his Imperial Majesty, upon account of the Right of Sovereignty they
have over the Fiefs of Rocheveran, Olme, and Casoles, and their Appurtenances,
which do not in the least depend on the Roman Empire, and that all Donations
and Investitures of the said Fiefs being revok’d and annul’d, the Duke
shall be maintain’d in his Possession as rightful Lord; and if need be,
reinstated: for the same reason his Vassal the Count de Verrue shall be
re-instated in the same Fiefs of Olme and Casoles, and in the Possession
of the fourth part of Rocheveran, and in all his Revenues. ...
... Item, It is Agreed, That his Imperial Majesty
shall restore to the Counts Clement and John Sons of Count Charles Cacheran,
and to his Grandsons by his Son Octavian, the whole Fief of la Roche d’Arazy,
with its Appurtenances and Dependencys, without any Obstacle whatever. ...
... 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 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. ...
... If any of those who are to have something restor’d
to them, suppose that the Emperor’s Commissarys are necessary to be present
at the Execution of some Restitution (which is left to their Choice) they
shall have them. In which case, that the effect of the things agreed on
may be the less hinder’d, it shall be permitted as well to those who restore,
as to those to whom Restitution is to be made, to nominate two or three
Commissarys immediately after the signing of the Peace, of whom his Imperial
Majesty shall chuse two, one of each Religion, and one of each Party, whom
he shall injoin to accomplish without delay all that which ought to be
done by virtue of this present Treaty. If the Restorers have neglected
to nominate Commissioners, his Imperial Majesty shall chuse one or two
as he shall think fit (observing, nevertheless, in all cases the difference
of Religion, that an equal number be put on each side) from among those
whom the Party, to which somewhat is to be restor’d, shall have nominated,
to whom he shall commit the Commission of executing it, notwithstanding
all Exceptions made to the contrary; and for those who pretend to Restitutions,
they are to intimate to the Restorers the Tenour of these Articles immediately
after the Conclusion of the Peace. ...
... Moreover, all Prisoners on the one side and the
other, without any distinction of the Gown or the Sword, shall be releas’d
after the manner it has been covenanted, or shall be agreed between the
Generals of the Armys, with his Imperial Majesty’s Approbation. ...
... 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 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. ...
... The Ambassadors and Plenipotentiarys of the Emperor,
of the King, and the States of the Empire, promise respectively and the
one to the other, to cause the Emperor, the most Christian King, the Electors
of the Sacred Roman Empire, the Princes and States, to agree and ratify
the Peace which has been concluded in this manner, and by general Consent;
and so infallibly to order it, that the solemn Acts of Ratification be
presented at Munster, and mutually and in good form exchang’d in the term
of eight weeks, to reckon from the day of signing. ...
... That he who by his Assistance or Counsel shall
contravene this Transaction or Publick Peace, or shall oppose its Execution
and the abovesaid Restitution, or who shall have endeavour’d, after the
Restitution has been lawfully made, and without exceeding the manner agreed
on before, without a lawful Cognizance of the Cause, and without the ordinary
Course of Justice, to molest those that have been restor’d, whether Ecclesiasticks
or Laymen; he shall incur the Punishment of being an Infringer of the publick
Peace, and Sentence given against him according to the Constitutions of
the Empire, so that the Restitution and Reparation may have its full effect. ...