... 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. ...
... As for what
regards the
House of Palatine, the
Emperor and the Empire, for the
benefit of the publick Tranquillity,
consent,
that by
virtue of this present
Agreement, there be
establish’d an eighth
Electorate; which the Lord Charles Lewis, Count Palatine of the Rhine,
shall enjoy for the
future, and his Heirs, and the Descendants of the Rudolphine
Line, pursuant to the
Order of
Succession, set forth in the
Golden Bull;
and that by this Investiture, neither the Lord Charles Lewis, nor his
Successors
shall have any
Right to that which has been given with the
Electoral Dignity
to the
Elector of Bavaria, and all the
Branch of William. ...
... 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. ...
... They shall enjoy without contradiction, the
Right
of
Suffrage in all
Deliberations touching the
Affairs of the Empire; but
above all, when the
Business in hand shall be the making or
interpreting
of
Laws, the declaring of
Wars, imposing of Taxes, levying or quartering
of
Soldiers, erecting new
Fortifications in the Territorys of the
States,
or reinforcing the old Garisons; as also when a
Peace of
Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the
future, without the
Suffrage and
Consent
of the
Free Assembly of all the
States of the Empire: Above all, it shall
be
free perpetually to each of the
States of the Empire, to make
Alliances
with
Strangers for their
Preservation and
Safety; provided, nevertheless,
such
Alliances be not against the
Emperor, and the Empire, nor against
the Publick
Peace, and this
Treaty, and without
prejudice to the
Oath by
which every one is bound to the
Emperor and the Empire. ...
... 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. ...
... 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: ...
... 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: ...
... Fourthly, By the
Consent of the
Emperor and the
whole Empire, the most Christian
King and his
Successors shall have perpetual
Right to keep a Garison in the Castle of Philipsburg, but limited to such
a
number of
Soldiers, as may not be capable to give any Umbrage, or just
Suspicion to the Neighbourhood; which Garison shall be maintain’d at the
Expences of the Crown of
France. The Passage also shall be
open for the
King into the Empire by
Water, when, and as often as he shall send
Soldiers,
Convoys, and bring necessary things thither. ...
... 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. ...
... 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. ...