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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. ...
... The Emperor above all things shall publish an
Edict thro’out the Empire, and strictly enjoin all, who by these Articles
of Pacification are oblig’d to restore or do any thing else, to obey it
promptly and without tergi-versation, between the signing and the ratifying
of this present Treaty; commanding as well the Directors as Governors of
the Militia of the Circles, to hasten and finish the Restitution to be
made to every one, in conformity to those Conventions, when the same are
demanded. This Clause is to be inserted also in the Edicts, That whereas
the Directors of the Circles, or the Governors of the Militia of the Circles,
in matters that concern themselves, are esteem’d less capable of executing
this Affair in this or the like case and likewise if the Directors and
Governors of the Militia of the Circles refuse this Commission, the Directors
of the neighbouring Circle, or the Governors of the Militia of the Circles
shall exercise the Function, and officiate in the execution of these Restitutions
in the other Circles, at the instance of the Partys concern’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. ...
... That it never shall be alledg’d, allow’d, or admitted,
that any Canonical or Civil Law, any general or particular Decrees of Councils,
any Privileges, any Indulgences, any Edicts, any Commissions, Inhibitions,
Mandates, Decrees, Rescripts, Suspensions of Law, Judgments pronounc’d
at any time, Adjudications, Capitulations of the Emperor, and other Rules
and Exceptions of Religious Orders, past or future Protestations, Contradictions,
Appeals, Investitures, Transactions, Oaths, Renunciations, Contracts, and
much less the Edict of 1629. or the Transaction of Prague, with its Appendixes,
or the Concordates with the Popes, or the Interims of the Year 1548. or
any other politick Statutes, or Ecclesiastical Decrees, Dispensations,
Absolutions, or any other Exceptions, under what pretence or colour they
can be invented; shall take place against this Convention, or any of its
Clauses and Articles neither shall any inhibitory or other Processes or
Commissions be ever allow’d to the Plaintiff or Defendant. ...
... That it never shall be alledg’d, allow’d, or admitted,
that any Canonical or Civil Law, any general or particular Decrees of Councils,
any Privileges, any Indulgences, any Edicts, any Commissions, Inhibitions,
Mandates, Decrees, Rescripts, Suspensions of Law, Judgments pronounc’d
at any time, Adjudications, Capitulations of the Emperor, and other Rules
and Exceptions of Religious Orders, past or future Protestations, Contradictions,
Appeals, Investitures, Transactions, Oaths, Renunciations, Contracts, and
much less the Edict of 1629. or the Transaction of Prague, with its Appendixes,
or the Concordates with the Popes, or the Interims of the Year 1548. or
any other politick Statutes, or Ecclesiastical Decrees, Dispensations,
Absolutions, or any other Exceptions, under what pretence or colour they
can be invented; shall take place against this Convention, or any of its
Clauses and Articles neither shall any inhibitory or other Processes or
Commissions be ever allow’d to the Plaintiff or Defendant. ...