... 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. ...
... 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. ...
... 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 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 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. ...
... 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 the
Differences arisen between the
Houses
of Hesse Cassel, and of Darmstadt, touching the
Succession of Marburg;
since they have been adjusted at Cassel, the 14th of April, the preceding
Year, by the
mutual Consent of the Interested Partys, it has been
thought
good, that that
Transaction, with all its
Clauses, as concluded and
sign’d
at Cassel by both Partys, should be intimated to this
Assembly; and that
by
virtue of this present
Treaty, it shall be of the same
force, as if
inserted word by word: and the same shall never be infring’d by the Partys,
nor any other whatsoever, under any pretence, either by
Contract,
Oath,
or otherways, but ought to be most exactly kept by all, tho perhaps some
of the Partys
concern’d may
refuse to confirm it. ...
... 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
Emperor, Empire, and Monsieur the Arch
Duke
of Insprug, Ferdinand Charles, respectively
discharge the Communitys, Magistrates,
Officers and
Subjects of each of the said Lordships and
Places, from the
Bonds and
Oaths which they were hitherto bound by, and ty’d to the
House
of
Austria; and
discharge and assign them over to the Subjection, Obedience
and Fidelity they are to give to the
King and
Kingdom of
France; and consequently
confirm the Crown of
France in a
full and just
Power over all the said
Places, renouncing from the present, and for ever, the
Rights and Pretensions
they had thereunto: Which Cession the
Emperor, the said Arch-
Duke and his
Brother (by
reason the said Renunciation
concerns them particularly) shall
confirm by particular
Letters for themselves and their Descendants; and
shall so
order it also, that the Catholick
King of
Spain shall make the
same Renunciation in
due and authentick form, which shall be done in the
name of the whole Empire, the same
Day this present
Treaty shall be
sign’d. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...