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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. ...
... 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. ...
... That there shall be a Christian and Universal
Peace, and a perpetual, true, and sincere Amity, between his Sacred Imperial
Majesty, and his most Christian Majesty; as also, between all and each
of the Allies, and Adherents of his said Imperial Majesty, the House of
Austria, and its Heirs, and Successors; but chiefly between the Electors,
Princes, and States of the Empire on the one side; and all and each of
the Allies of his said Christian Majesty, and all their Heirs and Successors,
chiefly between the most Serene Queen and Kingdom of Swedeland, the Electors
respectively, the Princes and States of the Empire, on the other part.
That this Peace and Amity be observ’d and cultivated with such a Sincerity
and Zeal, that each Party shall endeavour to procure the Benefit, Honour
and Advantage of the other; that thus on all sides they may see this Peace
and Friendship in the Roman Empire, and the Kingdom of France flourish,
by entertaining a good and faithful Neighbourhood. ...
... That there shall be a Christian and Universal
Peace, and a perpetual, true, and sincere Amity, between his Sacred Imperial
Majesty, and his most Christian Majesty; as also, between all and each
of the Allies, and Adherents of his said Imperial Majesty, the House of
Austria, and its Heirs, and Successors; but chiefly between the Electors,
Princes, and States of the Empire on the one side; and all and each of
the Allies of his said Christian Majesty, and all their Heirs and Successors,
chiefly between the most Serene Queen and Kingdom of Swedeland, the Electors
respectively, the Princes and States of the Empire, on the other part.
That this Peace and Amity be observ’d and cultivated with such a Sincerity
and Zeal, that each Party shall endeavour to procure the Benefit, Honour
and Advantage of the other; that thus on all sides they may see this Peace
and Friendship in the Roman Empire, and the Kingdom of France flourish,
by entertaining a good and faithful Neighbourhood. ...
... Reciprocally the Elector of Bavaria renounces
entirely for himself and his Heirs and Successors the Debt of Thirteen
Millions, as also all his Pretensions in Upper Austria; and shall deliver
to his Imperial Majesty immediately after the Publication of the Peace,
all Acts and Arrests obtain’d for that end, in order to be made void and
null. ...
... Further, to ease the Lord Charles Lewis, in some
measure, of the trouble of providing his Brothers with Appenages, his Imperial
Majesty will give order that forty thousand Rixdollars shall be paid to
the said Brothers, in the four ensuing Years; the first commencing with
the Year 1649. The Payment to be made of ten thousand Rixdollars yearly,
with five per Cent Interest. ...
... Reciprocally the Lord Charles Lewis and his Brothers
shall render Obedience, and be faithful to his Imperial Majesty, like the
other Electors and Princes of the Empire; and shall renounce their Pretensions
to the Upper Palatinate, as well for themselves as their Heirs, whilst
any Male, and lawful Heir of the Branch of William shall continue alive. ...
... And upon the mention which has been made, to give
a Dowry and a Pension to the Mother Dowager of the said Prince, and to
his Sisters; his Sacred Imperial Majesty (according to the Affection he
has for the Palatinate House) has promis’d to the said Dowager, for her
Maintenance and Subsistence, to pay once for all twenty thousand Rixdollars;
and to each of the Sisters of the said Lord Charles Lewis, when they shall
marry, ten thousand Rixdollars, the said Prince Charles Lewis being bound
to disburse the Overplus. ...
... 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 their Estates that have been lost by Confiscation
or otherways, before they took the part of the Crown of France, or of Swedeland,
notwithstanding the Plenipotentiarys of Swedeland have made long instances,
they may be also restor’d. Nevertheless his Imperial Majesty being to receive
Law from none, and the Imperialists sticking close thereto, it has not
been thought convenient by the States of the Empire, that for such a Subject
the War should be continu’d: And that thus those who have lost their Effects
as aforesaid, cannot recover them to the prejudice of their last Masters
and Possessors. But the Estates, which have been taken away by reason of
Arms taken for France or Swedeland, against the Emperor and the House of
Austria, they shall be restor’d in the State they are found, and that without
any Compensation for Profit or Damage. ...
... And as to the Affair of the Succession of Juliers,
those concern’d, if a course be not taken about it, may one day cause great
Troubles in the Empire about it; it has been agreed, That the Peace being
concluded it shall be terminated without any Delay, either by ordinary
means before his Imperial Majesty, or by a friendly Composition, or some
other lawful ways. ...
... 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 second place, the House of Hesse Cassel,
and its Successors, shall retain, and for this purpose shall demand at
any time, and when it shall be expir’d, the Investiture of his Imperial
Majesty, and shall take the Oath of Fidelity for the Abby of Hitsfield,
with all its Dependencys, as well Secular as Ecclesiastical, situated within
or without his Territorys (as the Deanery of Gellingen) saving nevertheless
the Rights possess’d by the House of Saxony, time out of mind. ...
... And tho Madam the Landgravine has only demanded
Restitution and Reparation of the Arch-bishopricks of Mayence, Cologne,
Paderborn, Munster, and the Abby of Fulden; and has not insisted that any
besides should contribute any thing for this Purpose: nevertheless the
Assembly have thought fit, according to the Equity and Circumstances of
Affairs, that without prejudice to the Contents of the preceding Paragraph,
which begins, Conventum praterea est, &c. IT HAS BEEN FURTHER AGREED,
the other States also on this and the other side the Rhine, and who since
the first of March of this present Year, have paid Contributions to the
Hessians, shall bear their Proportion pro Rata of their preceding Contributions,
to make up the said Sum with the Arch-bishopricks, Bishopricks and Abby
above-named, and forward the Payments of the Garisons of the Cautionary
Towns. If any has suffer’d Damage by the delay of others, who are to pay
their share, the Officers or Soldiers of his Imperial Majesty, of the most
Christian King, and of the Landgravine of Hesse, shall not hinder the forcing
of those who have been tardy; and the Hessian Soldiers shall not pretend
to except any from this Constraint, to the prejudice of this Declaration,
but those who have duly paid their Proportion, shall thereby be freed from
all Charges. ...
... That the Birth-right introduc’d in the House of
Hesse Cassel, and in that of Darmstadt, and confirm’d by His Imperial Majesty,
shall continue and be kept firm and inviolable. ...
... 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. ...
... 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 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. ...
... As for the finding out of equitable and expedient
means, whereby the Prosecution of Actions against Debtors, ruin’d by the
Calamitys of the War, or charg’d with too great Interests, and whereby
these Matters may be terminated with moderation, to obviate greater inconveniences
which might arise, and to provide for the publick Tranquillity; His Imperial
Majesty shall take care to hearken as well to the Advices of his Privy
Council, as of the Imperial Chamber, and the States which are to be assembled,
to the end that certain firm and invariable Constitutions may be made about
this Matter And in the mean time the alledg’d Reasons and Circumstances
of the Partys shall be well weigh’d in Cases brought before the Sovereign
Courts of the Empire, or Subordinate ones of States and no body shall be
oppress’d by immoderate Executions; and ail this without prejudice to the
Constitution of Holstein. ...
... As for the finding out of equitable and expedient
means, whereby the Prosecution of Actions against Debtors, ruin’d by the
Calamitys of the War, or charg’d with too great Interests, and whereby
these Matters may be terminated with moderation, to obviate greater inconveniences
which might arise, and to provide for the publick Tranquillity; His Imperial
Majesty shall take care to hearken as well to the Advices of his Privy
Council, as of the Imperial Chamber, and the States which are to be assembled,
to the end that certain firm and invariable Constitutions may be made about
this Matter And in the mean time the alledg’d Reasons and Circumstances
of the Partys shall be well weigh’d in Cases brought before the Sovereign
Courts of the Empire, or Subordinate ones of States and no body shall be
oppress’d by immoderate Executions; and ail this without prejudice to the
Constitution of Holstein. ...
... In the third place the Emperor, as well in his
own behalf, as the behalf of the whole most Serene House of Austria, as
also of the Empire, resigns all Rights, Propertys, Domains, Possessions
and Jurisdictions, which have hitherto belong’d either to him, or the Empire,
and the Family of Austria, over the City of Brisac, the Landgraveship of
Upper and Lower Alsatia, Suntgau, and the Provincial Lordship of ten Imperial
Citys situated in Alsatia, viz. Haguenau, Calmer, Sclestadt, Weisemburg,
Landau, Oberenheim, Rosheim, Munster in the Valley of St. Gregory, Keyerberg,
Turingham, and of all the villages, or other Rights which depend on the
said Mayoralty; all and every of them are made over to the most Christian
King, and the Kingdom of France; in the same manner as the City of Brisac,
with the Villages of Hochstet, Niederrimsing, Hartem and Acharren appertaining
to the Commonalty of Brisac, with all the antient Territory and Dependence;
without any prejudice, nevertheless, to the Priviliges and Libertys granted
the said Town formerly by the House of Austria. ...
... For the greater Validity of the said Cessions
and Alienations, the Emperor and Empire, by virtue of this present Treaty,
abolish all and every one of the Decrees, Constitutions, Statutes and Customs
of their Predecessors, Emperors of the sacred Roman Empire, tho they have
been confirm’d by Oath, or shall be confirm’d for the future; particularly
this Article of the Imperial Capitulation, by which all or any Alienation
of the Appurtenances and Rights of the Empire is prohibited: and by the
same means they exclude for ever all Exceptions hereunto, on what Right
and Titles soever they may be grounded. ...
... 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. ...
... All Ortnaw, with the Imperial Citys of Ossenburg,
Gengenbach, Cellaham and Harmospach, forasmuch as the said Lordships depend
- on that of Ortnaw, so that no King of France can or ought ever to ; pretend
to or usurp any Right or Power over the said Countrys situated on this
and the other side the Rhine: nevertheless, in such a manner, that by this
present Restitution, the Princes of Austria shall acquire no new Right;
that for the future, the Commerce and Transportation shall be free to the
Inhabitants on both sides of the Rhine, and the adjacent Provinces. Above
all, the Navigation of the Rhine be free, and none of the partys shall
be permitted to hinder Boats going up or coming down, detain, stop, or
molest them under any pretence whatsoever, except the Inspection and Search
which is usually done to Merchandizes: And it shall not be permitted to
impose upon the Rhine new and unwonted Tolls, Customs, Taxes, Imposts,
and other like Exactions; but the one and the other Party shall contented
with the Tributes, Dutys and Tolls that were paid before these Wars, under
the Government of the Princes of Austria. ...
... That the most Christian King shall be bound to
leave not only the Bishops of Strasburg and Basle, with the City of Strasburg,
but also the other States or Orders, Abbots of Murbach and Luederen, who
are in the one and the other Alsatia, immediately depending upon the Roman
Empire; the Abess of Andlavien, the Monastery of St. Bennet in the Valley
of St. George, the Palatines of Luzelstain, the Counts and Barons of Hanaw,
Fleckenstein, Oberstein, and all the nobility of Lower Alsatia; Item, the
said ten Imperial Citys, which depend on the Mayory of Haganoc, in the
Liberty and Possession they have enjoy’d hitherto, to arise as immediately
dependent upon the Roman Empire; so that he cannot pretend any Royal Superiority
over them, but shall rest contented with the Rights which appertain’d to
the House of Austria, and which by this present Treaty of Pacification,
are yielded to the Crown of France. In such a manner, nevertheless, that
by the present Declaration, nothing is intended that shall derogate from
the Sovereign Dominion already hereabove agreed to. ...
... 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. ...
... Who hereafter, with the Authority and Consent
of their Imperial and most Christian Majestys, by virtue of this solemn
Treaty of Peace, shall have no Action for this account against the Duke
of Savoy, or his Heirs and Successors. ...
... His Imperial Majesty, at the modest Request of
the Duke of Savoy, shall together with the Investiture of the antient Fiefs
and States, which the late Ferdinand II. of blessed memory granted to the
Duke of Savoy, Victor Amadeus, also grant him the Investiture of the Places,
Lordships, States, and all other Rights of Montserrat, with their Appurtenances,
which have been surrender’d to him by virtue of the abovesaid Treaty of
Cheras, and the Execution thereof which ensu’d; as also, of the Fiefs of
New Monsort, of Sine, Monchery, and Castelles, with their Appurtenances,
according to the Treaty of Acquisition made by the said Duke Victor Amadeus,
the 13th of October 1634. and conformable to the Concessions or Permissions,
and Approbation of his Imperial Majesty; with a Confirmation also of all
the Privileges which have been hitherto granted to the Dukes of Savoy,
when and as often as the Duke of Savoy shall request and demand it. ...
... His Imperial Majesty, at the modest Request of
the Duke of Savoy, shall together with the Investiture of the antient Fiefs
and States, which the late Ferdinand II. of blessed memory granted to the
Duke of Savoy, Victor Amadeus, also grant him the Investiture of the Places,
Lordships, States, and all other Rights of Montserrat, with their Appurtenances,
which have been surrender’d to him by virtue of the abovesaid Treaty of
Cheras, and the Execution thereof which ensu’d; as also, of the Fiefs of
New Monsort, of Sine, Monchery, and Castelles, with their Appurtenances,
according to the Treaty of Acquisition made by the said Duke Victor Amadeus,
the 13th of October 1634. and conformable to the Concessions or Permissions,
and Approbation of his Imperial Majesty; with a Confirmation also of all
the Privileges which have been hitherto granted to the Dukes of Savoy,
when and as often as the Duke of Savoy shall request and demand it. ...
... Item, It has been agreed, That the Duke of Savoy,
his Heirs and Successors, shall no ways be troubled or call’d to an account
by his Imperial Majesty, upon account of the Right of Sovereignty they
have over the Fiefs of Rocheveran, Olme, and Casoles, and their Appurtenances,
which do not in the least depend on the Roman Empire, and that all Donations
and Investitures of the said Fiefs being revok’d and annul’d, the Duke
shall be maintain’d in his Possession as rightful Lord; and if need be,
reinstated: for the same reason his Vassal the Count de Verrue shall be
re-instated in the same Fiefs of Olme and Casoles, and in the Possession
of the fourth part of Rocheveran, and in all his Revenues. ...
... Item, It is Agreed, That his Imperial Majesty
shall restore to the Counts Clement and John Sons of Count Charles Cacheran,
and to his Grandsons by his Son Octavian, the whole Fief of la Roche d’Arazy,
with its Appurtenances and Dependencys, without any Obstacle whatever. ...
... The Emperor shall likewise declare, That within
the Investiture of the Dutchy of Mantua are comprehended the Castles of
Reygioli and Luzzare, with their Territorys and Dependencys, the Possession
whereof the Duke of Guastalla shall be oblig’d to render to the Duke of
Mantua, reserving to himself nevertheless, the Right of Six Thousand Crowns
annual Pension, which he pretends to, for which he may sue the Duke before
his Imperial Majesty. ...
... 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. ...
... 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. ...
... Moreover, all Prisoners on the one side and the
other, without any distinction of the Gown or the Sword, shall be releas’d
after the manner it has been covenanted, or shall be agreed between the
Generals of the Armys, with his Imperial Majesty’s Approbation. ...
... And that this Restitution of possess’d Places,
as well by his Imperial Majesty as the most Christian King, and the Allys
and Adherents of the one and the other Party, shall be reciprocally and
bona fide executed. ...
... For the greater Firmness of all and every one
of these Articles, this present Transaction shall serve for a perpetual
Law and establish’d Sanction of the Empire, to be inserted like other fundamental
Laws and Constitutions of the Empire in the Acts of the next Diet of the
Empire, and the Imperial Capitulation; binding no less the absent than
the present, the Ecclesiasticks than Seculars, whether they be States of
the Empire or not: insomuch as that it shall be a prescrib’d Rule, perpetually
to be follow’d, as well by the Imperial Counsellors and Officers, as those
of other Lords, and all Judges and Officers of Courts of Justice. ...
... For the greater Firmness of all and every one
of these Articles, this present Transaction shall serve for a perpetual
Law and establish’d Sanction of the Empire, to be inserted like other fundamental
Laws and Constitutions of the Empire in the Acts of the next Diet of the
Empire, and the Imperial Capitulation; binding no less the absent than
the present, the Ecclesiasticks than Seculars, whether they be States of
the Empire or not: insomuch as that it shall be a prescrib’d Rule, perpetually
to be follow’d, as well by the Imperial Counsellors and Officers, as those
of other Lords, and all Judges and Officers of Courts of Justice. ...
... And as often as any would march Troops thro’ the
other Territorys, this Passage shall be done at the charge of him whom
the Troops belong to, and that without burdening or doing any harm or damage
to those whole Countrys they march thro’. In a word, all that the Imperial
Constitutions determine and ordain touching the Preservation of the publick
Peace, shall be strictly observ’d. ...
... In Testimony of all and each of these things,
and for their greater Validity, the Ambassadors of their Imperial and most
Christian Majestys, and the Deputys, in the name of all the Electors, Princes,
and States of the Empire, sent particularly for this end (by virtue of
what has been concluded the 13th of October, in the Year hereafter mention’d,
and has been deliver’d to the Ambassador of France the very day of signing
under the Seal of the Chancellor of Mentz) viz. For the Elector of Mayence,
Monsieur Nicolas George de Reigersberg, Knight and Chancellor; for the
Elector of Bavaria, Monsieur John Adolph Krebs, Privy Counsellor; for the
Elector of Brandenburg, Monsieur John Count of Sain and Witgenstein, Lord
of Homburg and Vallendar, Privy Counsellor. ...