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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. ...
... But for those who are Subjects and Hereditary
Vassals of the Emperor, and of the House of Austria, they shall really
have the benefit of the Amnesty, as for their Persons, Life, Reputation,
Honours: and they may return with Safety to their former Country; but they
shall be oblig’d to conform, and submit themselves to the Laws of the Realms,
or particular Provinces they shall belong to. ...
... 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. ...
... As for the rest, Law and Justice shall be administer’d
in Bohemia, and in all the other Hereditary Provinces of the Emperor, without
any respect; as to the Catholicks, so also to the Subjects, Creditors,
Heirs, or private Persons, who shall be of the Confession of Augsburg,
if they have any Pretensions, and enter or prosecute any Actions to obtain
Justice. ...
... 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 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. ...
... 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: ...
... 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. ...
... 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. ...
... 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. ...
... Nevertheless, if for the space of three years
the Difference cannot be terminated by any of those means, all and every
one of those concern’d in this Transaction shall be oblig’d to join the
injur’d Party, and assist him with Counsel and Force to repel the Injury,
being first advertis’d by the injur’d that gentle Means and Justice prevail’d
nothing; but without prejudice, nevertheless, to every one’s Jurisdiction,
and the Administration of Justice conformable to the Laws of each Prince
and State: and it shall not be permitted to any State of the Empire to
pursue his Right by Force and Arms; but if any difference has happen’d
or happens for the future, every one shall try the means of ordinary Justice,
and the Contravener shall be regarded as an Infringer of the Peace. That
which has been determin’d by Sentence of the Judge, shall be put in execution,
without distinction of Condition, as the Laws of the Empire enjoin touching
the Execution of Arrests and Sentences. ...
... Nevertheless, if for the space of three years
the Difference cannot be terminated by any of those means, all and every
one of those concern’d in this Transaction shall be oblig’d to join the
injur’d Party, and assist him with Counsel and Force to repel the Injury,
being first advertis’d by the injur’d that gentle Means and Justice prevail’d
nothing; but without prejudice, nevertheless, to every one’s Jurisdiction,
and the Administration of Justice conformable to the Laws of each Prince
and State: and it shall not be permitted to any State of the Empire to
pursue his Right by Force and Arms; but if any difference has happen’d
or happens for the future, every one shall try the means of ordinary Justice,
and the Contravener shall be regarded as an Infringer of the Peace. That
which has been determin’d by Sentence of the Judge, shall be put in execution,
without distinction of Condition, as the Laws of the Empire enjoin touching
the Execution of Arrests and Sentences. ...