... 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. ...
... According to this
foundation of reciprocal Amity,
and a
general Amnesty, all and every one of the Electors of the sacred
Roman Empire, the
Princes and
States (therein comprehending the
Nobility,
which depend immediately on the Empire) their Vassals,
Subjects,
Citizens,
Inhabitants (to whom on the
account of the
Bohemian or
German Troubles
or
Alliances, contracted here and there, might have been done by the one
Party or the other, any
Prejudice or
Damage in any
manner, or under what
pretence soever, as well in their Lordships, their fiefs, Underfiefs, Allodations,
as in their Dignitys, Immunitys,
Rights and
Privileges) shall be
fully
re-
establish’d on the one side and the other, in the Ecclesiastick or Laick
State, which they enjoy’d, or could lawfully enjoy, notwithstanding any
Alterations, which have been made in the mean
time to the
contrary. ...
... Since the
Arrest the
Emperor has formerly caus’d
to be made in the Provincial
Assembly, against the moveable
Effects of
the
Prince Elector of Treves, which were transported into the Dutchy of
Luxemburg, tho releas’d and abolish’d, yet at the instance of some has
been renew’d; to which has been
added a
Sequestration, which the said
Assembly
has made of the
Jurisdiction of Burch, belonging to the Archbishoprick,
and of the Moiety of the Lordship of St. John, belonging to John Reinbard
of Soeteren, which is
contrary to the Concordat’s drawn up at Ausburg in
the
year 1548 by the publick interposition of the Empire, between the
Elector
of Treves, and the Dutchy of Burgundy: It has been
agreed, that the abovesaid
Arrest and
Sequestration shall be taken away with all speed from the
Assembly
of Luxemburg, that the said
Jurisdiction, Lordship, and
Electoral and Patrimonial
Effects, with the sequestred
Revenues, shall be releas’d and restor’d to
the
Elector; and if by
accident some things should be Imbezel’d, they shall
be
fully restor’d to him; the Petitioners being refer’d, for the obtaining
a
determination of their
Rights, to the
Judge of the
Prince Elector, who
is
competent in the Empire. ...
... Secondly, that all the Lower Palatinate, with
all and every the Ecclesiastical and Secular Lands,
Rights and Appurtenances,
which the Electors and
Princes Palatine enjoy’d before the Troubles of
Bohemia, shall be
fully restor’d to him; as also all the
Documents,
Registers
and
Papers belonging thereto; annulling all that hath been done to the
contrary. And the
Emperor engages, that neither the Catholick
King, nor
any other who possess any thing thereof, shall any ways
oppose this Restitution. ...
... 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
Sentences pronounc’d during the
War about
Matters purely Secular, if the
Defect in the
Proceedings be not
fully manifest,
or cannot be immediately demonstrated, shall not be esteem’d wholly
void;
but that the
Effect shall be suspended until the
Acts of
Justice (if one
of the Partys demand the
space of six
months after the
Publication of the
Peace, for the reviewing of his Process) be
review’d and weigh’d in a proper
Court, and according to the
ordinary or extraordinary Forms us’d in the
Empire: to the end that the former Judgments may be confirm’d, amended,
or quite eras’d, in
case of Nullity. ...
... 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. ...
... 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. ...
... In the third
place, the
Right of a direct Signiory
over the
Jurisdictions and Bayliwick of Schaumburg, Buckenburg, Saxenhagen,
and Stattenhagen, given heretofore and adjudged to the Bishoprick of Mindau,
shall for the
future belong unto Monsieur William, the present Landgrave
of Hesse, and his
Successors in
full Possession, and for ever, so as that
the said Bishop, and no other shall be capable of molesting him; saving
nevertheless the
Agreement made between Christian Lewis,
Duke of Brunswick
and Lunenburg, and the Landgravine of Hesse, and Philip Count of Lippe,
as also the
Agreement made between the said Landgravine, and the said Count. ...
... As soon as after the
Ratification of
Peace, Three
Hundred Thousand Rixdollars shall be
paid to Madam, the Landgravine, she
shall give up Nuys, and shall only retain Cuesfeldt and Newhaus; but yet
so as that the Garison of Nuys shall not be thrown into the other two
Places,
nor nothing demanded on that
account; and the Garisons of Cuesfeldt shall
not exceed the
Number of Six Hundred Foot and Fifty
Horse. That if within
the
term of nine
Months, the whole Sum be not
paid to Madam the Landgravine,
not only Cuesfeldt and Newhaus shall remain in her Hands till the
full
Payment, but also for the
remainder, she shall be
paid Interest at Five
per Cent. and the Treasurers and Collectors of the Bayliwicks appertaining
to the abovesaid Arch-bishopricks, Bishopricks and Abby, bordering on the
Principality of Hesse, shall oblige themselves by
Oath to Madam the Landgravine,
that out of the
annual Revenues, they shall yearly
pay the
Interest of
the remaining Sum notwithstanding the
Prohibitions of their
Masters. If
the Treasurers and Collectors
delay the
Payment, or alienate the
Revenues,
Madam the Landgravine shall have
liberty to constrain them to
pay, by all
sorts of means, always saving the
Right of the Lord Proprietor of the
Territory. ...
... But as soon as Madam the Landgravine has receiv’d
the
full Sum, with all the
Interest, she shall
surrender the said
Places
which she retain’d for her
Security; the Payments shall cease, and the
Treasurers and Collectors, of which mention has been made, shall be freed,
from their
Oath: As for the Bayliwicks, the
Revenues of which shall be
assign’d for the
Payment of the Sum, that shall be adjusted before the
Ratification of the
Peace; and that
Convention shall be of no less
Force
than this present
Treaty of
Peace. ...
... As also the
Transaction between the Deceas’d monsieur
William, Landgrave of Hesse, and Messieurs Christian and Wolrad, Counts
of Waldeck, made the 11th of April, 1635. and
ratify’d to Monsieur George,
Landgrave of Hesse, the 14th of April 1648. shall no less obtain a
full
and perpetual
force by
virtue of this Pacification, and shall no less bind
all the
Princes of Hesse, and all the Counts of Waldeck. ...
... 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 as well as
general as particular
Diets, the
free Towns, and other
States of the Empire, shall have decisive
Votes;
they shall, without molestation, keep their Regales,
Customs,
annual Revenues,
Libertys,
Privileges to
confiscate, to raise Taxes, and other
Rights, lawfully
obtain’d from the
Emperor and Empire, or enjoy’d long before these Commotions,
with a
full Jurisdiction within the inclosure of their Walls, and their
Territorys: making
void at the same
time, annulling and for the
future
prohibiting all Things, which by
Reprisals,
Arrests, stopping of Passages,
and other prejudicial
Acts, either during the
War, under what
pretext soever
they have been done and attempted hitherto by
private Authority, or may
hereafter without any preceding
formality of
Right be enterpris’d. As for
the
rest, all laudable
Customs of the sacred Roman Empire, the
fundamental
Constitutions and
Laws, shall for the
future be strictly observ’d, all
the Confusions which
time of War have, or could introduce, being remov’d
and laid aside. ...
... 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: ...
... 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. ...
... That he who by his
Assistance or
Counsel shall
contravene this
Transaction or Publick
Peace, or shall
oppose its
Execution
and the abovesaid Restitution, or who shall have endeavour’d, after the
Restitution has been lawfully made, and without exceeding the
manner agreed
on before, without a
lawful Cognizance of the Cause, and without the
ordinary
Course of
Justice, to molest those that have been restor’d, whether Ecclesiasticks
or Laymen; he shall incur the
Punishment of being an Infringer of the publick
Peace, and
Sentence given against him according to the
Constitutions of
the Empire, so that the Restitution and Reparation may have its
full effect. ...