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... Peace Treaty between the Holy Roman Emperor and the
King of France and their respective Allies. ...
... 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. ...
... 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. ...
... Forasmuch-as that certain Jurisdictions of the
Bergstraet, belonging antiently to the Elector of Mayence, were in the
year 1463 mortgag’d to the House Palatine for a certain Sum of Money: upon
condition of perpetual Redemption, it has been agreed that the same Jurisdictions
shall be Restor’d to the present Elector of Mayence, and his Successors
in the Archbishoprick of Mayence, provided the Mortgage be paid in ready
Mony, within the time limited by the Peace to be concluded; and that he
satisfies the other Conditions, which he is bound to by the Tenor of the
Mortgage-Deeds. ...
... 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. ...
... That the Debts either by Purchase, Sale, Revenues,
or by what other name they may be call’d, if they have been violently extorted
by one of the Partys in War, and if the Debtors alledge and offer to prove
there has been a real Payment, they shall be no more prosecuted, before
these Exceptions be first adjusted. That the Debtors shall be oblig’d to
produce their Exceptions within the term of two years after the Publication
of the Peace, upon pain of being afterwards condemn’d to perpetual Silence. ...
... 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. ...
... In the like manner, if any Royal, or particular
Fiefs, have not been renew’d since the Year 1618. nor Homage paid to whom
it belongs; the same shall bring no prejudice, and the Investiture shall
be renew’d the day the Peace shall be concluded. ...
... 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. ...
... 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. ...
... 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. ...
... It has been further agreed, That for the Restitution
of Places possess’d during this War, and for the Indemnity of Madam, the
Landgravine of Hesse, who is the Guardian, the Sum of Six Hundred Thousand
Rixdollars shall be given to her and her Son, or his Successors Princes
of Hesse, to be had from the Archbishopricks of Mayence and Cologne, from
the Bishopricks of Paderborn and Munster, and the Abby of Fulden; which
Sum shall be paid at Cassel in the term of eight Months, to reckon from
the Day of the Ratification of the Peace, at the peril and charge of the
Solvent: and no Exception shall be used to evade this promis’d Payment,
on any Pretence; much less shall any Seizure be made of the Sum agreed
on. ...
... 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. ...
... 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. ...
... Besides the Places of Surety, which shall be left,
as aforesaid, to Madam the Landgravine, which she shall restore after the
Payment, she shall restore, after the Ratification of the Peace, all the
Provinces and Bishopricks, as also all their Citys, Bayliwicks, Boroughs,
Fortresses, Forts; and in one word, all immoveable Goods, and all Rights
seiz’d by her during this War. So, nevertheless, that as well in the three
Places she shall retain as Cautionary, as the others to be restor’d, the
said Lady Landgravine not only shall cause to be convey’d away all the
Provisions and Ammunitions of War she has put therein (for as to those
she has not sent thither, and what was found there at the taking of them,
and are there still, they shall continue; ) but also the Fortifications
and Ramparts, rais’d during the Possession of the Places, shall be destroy’d
and demolish’d as much as possible, without exposing the Towns, Borroughs,
Castles and Fortresses, to Invasions and Robberys. ...
... 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. ...
... 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. ...
... They shall enjoy without contradiction, the Right
of Suffrage in all Deliberations touching the Affairs of the Empire; but
above all, when the Business in hand shall be the making or interpreting
of Laws, the declaring of Wars, imposing of Taxes, levying or quartering
of Soldiers, erecting new Fortifications in the Territorys of the States,
or reinforcing the old Garisons; as also when a Peace of Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the future, without the Suffrage and Consent
of the Free Assembly of all the States of the Empire: Above all, it shall
be free perpetually to each of the States of the Empire, to make Alliances
with Strangers for their Preservation and Safety; provided, nevertheless,
such Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the Oath by
which every one is bound to the Emperor and the Empire. ...
... That the Diets of the Empire shall be held within
six Months after the Ratification of the Peace; and after that time as
often as the Publick Utility, or Necessity requires. That in the first
Diet the Defects of precedent Assemblys be chiefly remedy’d; and that then
also be treated and settled by common Consent of the States, the Form and
Election of the Kings of the Romans, by a Form, and certain Imperial Resolution;
the Manner and Order which is to be observ’d for declaring one or more
States, to be within the Territorys of the Empire, besides the Manner otherways
describ’d in the Constitutions of the Empire; that they consider also of
re-establishing the Circles, the renewing the Matricular-Book, the re-establishing
suppress’d States, the moderating and lessening the Collects of the Empire,
Reformation of Justice and Policy, the taxing of Fees in the Chamber of
Justice, the Due and requisite instructing of ordinary Deputys for the
Advantage of the Publick, the true Office of Directors in the Colleges
of the Empire, and such other Business as could not be here expedited. ...
... And since it much concerns the Publick, that upon
the Conclusion of the Peace, Commerce be re-establish’d, for that end it
has been agreed, that the Tolls, Customs, as also the Abuses of the Bull
of Brabant, and the Reprisals and Arrests, which proceeded from thence,
together with foreign Certifications, Exactions, Detensions; Item, The
immoderate Expences and Charges of Posts, and other Obstacles to Commerce
and Navigation introduc’d to its Prejudice, contrary to the Publick Benefit
here and there, in the Empire on occasion of the War, and of late by a
private Authority against its Rights and Privileges, without the Emperor’s
and Princes of the Empire’s consent, shall be fully remov’d; and the antient
Security, Jurisdiction and Custom, such as have been long before these
Wars in use, shall be re-establish’d and inviolably maintain’d in the Provinces,
Ports and Rivers. ...
... The Rights and Privileges of Territorys, water’d
by Rivers or otherways, as Customs granted by the Emperor, with the Consent
of the Electors, and among others, to the Count of Oldenburg on the Viserg,
and introduc’d by a long Usage, shall remain in their Vigour and Execution.
There shall be a full Liberty of Commerce, a secure Passage by Sea and
Land: and after this manner all and every one of the Vassals, Subjects,
Inhabitants and Servants of the Allys, on the one side and the other, shall
have full power to go and come, to trade and return back, by Virtue of
this present Article, after the same manner as was allowed before the Troubles
of Germany; the Magistrates, on the one side and on the other, shall be
oblig’d to protect and defend them against all sorts of Oppressions, equally
with their own Subjects, without prejudice to the other Articles of this
Convention, and the particular laws and Rights of each place. And that
the said Peace and Amity between the Emperor and the Most Christian King,
may be the more corroborated, and the publick Safety provided for, it has
been agreed with the Consent, Advice and Will of the Electors, Princes
and States of the Empire, for the Benefit of Peace: ...
... The Rights and Privileges of Territorys, water’d
by Rivers or otherways, as Customs granted by the Emperor, with the Consent
of the Electors, and among others, to the Count of Oldenburg on the Viserg,
and introduc’d by a long Usage, shall remain in their Vigour and Execution.
There shall be a full Liberty of Commerce, a secure Passage by Sea and
Land: and after this manner all and every one of the Vassals, Subjects,
Inhabitants and Servants of the Allys, on the one side and the other, shall
have full power to go and come, to trade and return back, by Virtue of
this present Article, after the same manner as was allowed before the Troubles
of Germany; the Magistrates, on the one side and on the other, shall be
oblig’d to protect and defend them against all sorts of Oppressions, equally
with their own Subjects, without prejudice to the other Articles of this
Convention, and the particular laws and Rights of each place. And that
the said Peace and Amity between the Emperor and the Most Christian King,
may be the more corroborated, and the publick Safety provided for, it has
been agreed with the Consent, Advice and Will of the Electors, Princes
and States of the Empire, for the Benefit of Peace: ...
... That all the Vassals, Subjects, Citizens and Inhabitants,
as well on this as the other side the Rhine, who were subject to the House
of Austria, or who depended immediately on the Empire, or who acknowledg’d
for Superiors the other Orders of the Empire, notwithstanding all Confiscations,
Transferrings, Donations made by any Captains or Generals of the Swedish
Troops, or Confederates, since the taking of the Province, and ratify’d
by the most Christian King, or decreed by his own particular Motion; immediately
after the Publication of Peace, shall be restor’d to the possession of
their Goods, immovable and stable, also to their Farms, Castles, Villages,
Lands, and Possessions, without any exception upon the account of Expences
and Compensation of Charges, which the modern Possessors may alledge, and
without Restitution of Movables or Fruits gather’d in. ...
... 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. ...
... As soon as the Treaty of Peace shall be sign’d
and seal’d by the Plenipotentiarys and Ambassadors, all Hostilitys shall
cease, and all Partys shall study immediately to put in execution what
has been agreed to; and that the same may be the better and quicker accomplish’d,
the Peace shall be solemnly publish’d the day after the signing thereof
in the usual form at the Cross of the Citys of Munster and of Osnabrug.
That when it shall be known that the signing has been made in these two
Places, divers Couriers shall presently be sent to the Generals of the
Armys, to acquaint them that the Peace is concluded, and take care that
the Generals chuse a Day, on which shall be made on all sides a Cessation
of Arms and Hostilitys for the publishing of the Peace in the Army; and
that command be given to all and each of the chief Officers Military and
Civil, and to the Governors of Fortresses, to abstain for the future from
all Acts of Hostility: and if it happen that any thing be attempted, or
actually innovated after the said Publication, the same shall be forthwith
repair’d and restor’d to its former State. ...
... As soon as the Treaty of Peace shall be sign’d
and seal’d by the Plenipotentiarys and Ambassadors, all Hostilitys shall
cease, and all Partys shall study immediately to put in execution what
has been agreed to; and that the same may be the better and quicker accomplish’d,
the Peace shall be solemnly publish’d the day after the signing thereof
in the usual form at the Cross of the Citys of Munster and of Osnabrug.
That when it shall be known that the signing has been made in these two
Places, divers Couriers shall presently be sent to the Generals of the
Armys, to acquaint them that the Peace is concluded, and take care that
the Generals chuse a Day, on which shall be made on all sides a Cessation
of Arms and Hostilitys for the publishing of the Peace in the Army; and
that command be given to all and each of the chief Officers Military and
Civil, and to the Governors of Fortresses, to abstain for the future from
all Acts of Hostility: and if it happen that any thing be attempted, or
actually innovated after the said Publication, the same shall be forthwith
repair’d and restor’d to its former State. ...
... As soon as the Treaty of Peace shall be sign’d
and seal’d by the Plenipotentiarys and Ambassadors, all Hostilitys shall
cease, and all Partys shall study immediately to put in execution what
has been agreed to; and that the same may be the better and quicker accomplish’d,
the Peace shall be solemnly publish’d the day after the signing thereof
in the usual form at the Cross of the Citys of Munster and of Osnabrug.
That when it shall be known that the signing has been made in these two
Places, divers Couriers shall presently be sent to the Generals of the
Armys, to acquaint them that the Peace is concluded, and take care that
the Generals chuse a Day, on which shall be made on all sides a Cessation
of Arms and Hostilitys for the publishing of the Peace in the Army; and
that command be given to all and each of the chief Officers Military and
Civil, and to the Governors of Fortresses, to abstain for the future from
all Acts of Hostility: and if it happen that any thing be attempted, or
actually innovated after the said Publication, the same shall be forthwith
repair’d and restor’d to its former State. ...
... As soon as the Treaty of Peace shall be sign’d
and seal’d by the Plenipotentiarys and Ambassadors, all Hostilitys shall
cease, and all Partys shall study immediately to put in execution what
has been agreed to; and that the same may be the better and quicker accomplish’d,
the Peace shall be solemnly publish’d the day after the signing thereof
in the usual form at the Cross of the Citys of Munster and of Osnabrug.
That when it shall be known that the signing has been made in these two
Places, divers Couriers shall presently be sent to the Generals of the
Armys, to acquaint them that the Peace is concluded, and take care that
the Generals chuse a Day, on which shall be made on all sides a Cessation
of Arms and Hostilitys for the publishing of the Peace in the Army; and
that command be given to all and each of the chief Officers Military and
Civil, and to the Governors of Fortresses, to abstain for the future from
all Acts of Hostility: and if it happen that any thing be attempted, or
actually innovated after the said Publication, the same shall be forthwith
repair’d and restor’d to its former State. ...
... The Plenipotentiarys on all sides shall agree
among themselves, between the Conclusion and the Ratification of the Peace,
upon the Ways, Time, and Securitys which are to be taken for the Restitution
of Places, and for the Disbanding of Troops; of that both Partys may be
assur’d, that all things agreed to shall be sincerely accomplish’d. ...
... 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. ...
... 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 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. ...
... 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. ...
... That nevertheless the concluded Peace shall remain
in force, and all Partys in this Transaction shall be oblig’d to defend
and protect all and every Article of this Peace against any one, without
distinction of Religion; and if it happens any point shall be violated,
the Offended shall before all things exhort the Offender not to come to
any Hostility, submitting the Cause to a friendly Composition, or the ordinary
Proceedings of Justice. ...
... That nevertheless the concluded Peace shall remain
in force, and all Partys in this Transaction shall be oblig’d to defend
and protect all and every Article of this Peace against any one, without
distinction of Religion; and if it happens any point shall be violated,
the Offended shall before all things exhort the Offender not to come to
any Hostility, submitting the Cause to a friendly Composition, or the ordinary
Proceedings of Justice. ...
... 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. ...
... And that the publick Peace may be so much the
better preserv’d intire, the Circles shall be renew’d; and as soon as any
Beginnings of Troubles are perceiv’d, that which has been concluded in
the Constitutions, of the Empire, touching the Execution and Preservation
of the Public Peace, shall be observ’d. ...
... And that the publick Peace may be so much the
better preserv’d intire, the Circles shall be renew’d; and as soon as any
Beginnings of Troubles are perceiv’d, that which has been concluded in
the Constitutions, of the Empire, touching the Execution and Preservation
of the Public Peace, shall be observ’d. ...
... 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 this present Treaty of Peace are comprehended
such, who before the Exchange of the Ratification or in six months after,
shall be nominated by general Consent, by the one or the other Party; mean
time by a common Agreement, the Republick of Venice is therein compriz’d
as Mediatrix of this Treaty. It shall also be of no prejudice to the Dukes
of Savoy and Modena, or to what they shall act, or are now acting in Italy
by Arms for the most Christian King. ...