... 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. ...
... 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. ...
... 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 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. ...
... 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. ...
... 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. ...
... 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. ...
... Nevertheless, if for the
space of three
years
the
Difference cannot be terminated by any of those means, all and every
one of those
concern’d in this
Transaction shall be oblig’d to join the
injur’d
Party, and assist him with
Counsel and
Force to
repel the
Injury,
being first advertis’d by the injur’d that gentle Means and
Justice prevail’d
nothing; but without
prejudice, nevertheless, to every one’s
Jurisdiction,
and the
Administration of Justice conformable to the
Laws of each
Prince
and
State: and it shall not be permitted to any
State of the Empire to
pursue his
Right by
Force and
Arms; but if any
difference has happen’d
or happens for the
future, every one shall try the means of
ordinary Justice,
and the Contravener shall be regarded as an Infringer of the
Peace. That
which has been
determin’d by
Sentence of the
Judge, shall be put in
execution,
without
distinction of
Condition, as the
Laws of the Empire enjoin touching
the
Execution of
Arrests and
Sentences. ...