... 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 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. ...
... 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. ...
... 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 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...