... 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. ...
... And tho by the precedent
general Rule it may be
easily judg’d who those are, and how far the Restitution extends; nevertheless,
it has been
thought fit to make a particular mention of the following
Cases
of Importance, but yet so that those which are not in express
Terms nam’d,
are not to be taken as if they were excluded or forgot. ...
... Further, that all the Palatinate
House, with all
and each of them, who are, or have in any
manner adher’d to it; and above
all, the
Ministers who have serv’d in this
Assembly, or have formerly serv’d
this
House; as also all those who are banish’d out of the Palatinate, shall
enjoy the
general Amnesty here above promis’d, with the same
Rights as
those who are comprehended therein, or of whom a more particular and ampler
mention has been made in the
Article of
Grievance. ...
... That for the
future, the Precedency and
Session,
in the
States and Circle of Swabia, or other
General or Particular Assemblys
of the Empire, and any others whatsoever, shall be alternative in the two
Branches of Baden; viz. in that of the Upper, and that of the Lower Marquisate
of Baden: but nevertheless this Precedency shall remain in the Marquiss
Frederick during his
Life. It has been
agreed, touching the Barony of Hohengerolt
Zegk that if Madam, the Princess of Baden,
verifies the
Rights of her Pretension
upon the said Barony by authentick
Documents, Restitution shall be made
her, according to the
Rights and Contents of the said
Documents, as soon
as
Sentence shall be pronounc’d. That the Cognizance of this Cause shall
be terminated within two
Years after the
Publication of the
Peace: And
lastly, no
Actions,
Transaction, or
Exceptions, either
general or particular,
nor
Clauses comprehended in this
Treaty of
Peace, and whereby they would
derogate from the Vigour of this
Article, shall be at any
time alledg’d
by any of the Partys against this
special Agreement. The Paragraphs, the
Duke of Croy, &c. As for the
Controversy of Naussau-Siegen, &c.
To the Counts of Naussau, Sarrepont, &c. The
House of Hanau, &c.
John Albert Count of Solms, &c. as also, Shall be re-
establish’d the
House of Solms, Hohensolms, &c. The Counts of Isemburg, &c. The
Rhinegraves, &c. The Widow of Count Ernest of Sainen, &c. The Castle
and the County of Flackenstein, &c. Let also the
House of Waldeck be
re-
establish’d, &c. Joachim Ernest Count of Ottingen, &c. Item,
The
House of Hohenlo, &c. Frederick Lewis, &c. The Widow and Heirs
of the Count of Brandenstein, &c. The Baron Paul Kevenhuller, &c.
shall be understood to be inserted in this
place word by word, as they
are put down in the Instruor
Treaty between the Empire and Swedeland. ...
... That for the
future, the Precedency and
Session,
in the
States and Circle of Swabia, or other
General or Particular Assemblys
of the Empire, and any others whatsoever, shall be alternative in the two
Branches of Baden; viz. in that of the Upper, and that of the Lower Marquisate
of Baden: but nevertheless this Precedency shall remain in the Marquiss
Frederick during his
Life. It has been
agreed, touching the Barony of Hohengerolt
Zegk that if Madam, the Princess of Baden,
verifies the
Rights of her Pretension
upon the said Barony by authentick
Documents, Restitution shall be made
her, according to the
Rights and Contents of the said
Documents, as soon
as
Sentence shall be pronounc’d. That the Cognizance of this Cause shall
be terminated within two
Years after the
Publication of the
Peace: And
lastly, no
Actions,
Transaction, or
Exceptions, either
general or particular,
nor
Clauses comprehended in this
Treaty of
Peace, and whereby they would
derogate from the Vigour of this
Article, shall be at any
time alledg’d
by any of the Partys against this
special Agreement. The Paragraphs, the
Duke of Croy, &c. As for the
Controversy of Naussau-Siegen, &c.
To the Counts of Naussau, Sarrepont, &c. The
House of Hanau, &c.
John Albert Count of Solms, &c. as also, Shall be re-
establish’d the
House of Solms, Hohensolms, &c. The Counts of Isemburg, &c. The
Rhinegraves, &c. The Widow of Count Ernest of Sainen, &c. The Castle
and the County of Flackenstein, &c. Let also the
House of Waldeck be
re-
establish’d, &c. Joachim Ernest Count of Ottingen, &c. Item,
The
House of Hohenlo, &c. Frederick Lewis, &c. The Widow and Heirs
of the Count of Brandenstein, &c. The Baron Paul Kevenhuller, &c.
shall be understood to be inserted in this
place word by word, as they
are put down in the Instruor
Treaty between the Empire and Swedeland. ...
... But from this
general Restitution shall be exempted
things which cannot be restor’d, as Things movable and moving, Fruits gather’d,
Things alienated by the
Authority of the
Chiefs of the
Party, Things
destroy’d,
ruin’d, and converted to other uses for the publick
Security, as publick
and particular
Buildings, whether sacred or profane, publick or
private
Gages, which have been, by surprize of the Enemys, pillag’d,
confiscated,
lawfully sold, or voluntarily bestow’d. ...
... And since for the
greater Tranquillity of the
Empire, in its
general Assemblys of
Peace, a certain
Agreement has been
made between the
Emperor,
Princes and
States .of the Empire, which has
been inserted in the
Instrument and
Treaty of
Peace, concluded with the
Plenipotentiarys of the
Queen and Crown of Swedeland, touching the
Differences
about Ecclesiastical Lands, and the
Liberty of the
Exercise of
Religion;
it has been found
expedient to confirm,and
ratify it by this present
Treaty,
in the same
manner as the abovesaid
Agreement has been made with the said
Crown of Swedeland; also with those call’d the Reformed, in the same
manner,
as
if the words of the abovesaid
Instrument were
reported here verbatim. ...
... 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. ...
... 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. ...
... Finally, That all and every one either
States,
Commonaltys, or
private Men, either Ecclesiastical or Secular, who by
virtue
of this
Transaction and its
general Articles, or by the express and
special
Disposition of any of them, are oblig’d to
restore,
transfer, give, do,
or execute any thing, shall be bound forthwith after the
Publication of
the
Emperor’s Edicts, and after
Notification given, to
restore,
transfer,
give, do, or execute the same, without any
Delay or
Exception, or evading
Clause either
general or particular, contain’d in the precedent
Amnesty,
and without any
Exception and
Fraud as to what they are oblig’d unto. ...
... Finally, That all and every one either
States,
Commonaltys, or
private Men, either Ecclesiastical or Secular, who by
virtue
of this
Transaction and its
general Articles, or by the express and
special
Disposition of any of them, are oblig’d to
restore,
transfer, give, do,
or execute any thing, shall be bound forthwith after the
Publication of
the
Emperor’s Edicts, and after
Notification given, to
restore,
transfer,
give, do, or execute the same, without any
Delay or
Exception, or evading
Clause either
general or particular, contain’d in the precedent
Amnesty,
and without any
Exception and
Fraud as to what they are oblig’d unto. ...
... That it shall not for the
future, or at present,
prove to the
damage and
prejudice of any
Town, that has been taken and
kept by the one or other
Party; but that all and every one of them, with
their
Citizens and
Inhabitants, shall enjoy as well the
general Benefit
of the
Amnesty, as the
rest of this Pacification. And for the
Remainder
of their
Rights and
Privileges, Ecclesiastical and Secular, which they
enjoy’d before these Troubles, they shall be maintain’d therein; save,
nevertheless the
Rights of
Sovereignty, and what depends thereon, for the
Lords to whom they belong. ...
... 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. ...
... 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. ...