... 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. ...
... 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. ...
... 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 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. ...
... As for what
concerns the
Debts wherewith the
Chamber
of Ensisheim is charg’d, the Arch-
Duke Ferdinand Charles shall
undertake
with that part of the
Province, which the most Christian
King shall
restore
him, to
pay one third without
distinction, whether they be Bonds, or
Mortgages;
provided they are in authentick form, and that they have a particular
Mortgage,
either on the
Provinces to be restor’d, or on them which are to be
transfer’d;
or if there be none, provided they be found on the
Books of
Accounts,
agreeing
with those of
Receipts of the
Chamber of Ensisheim, until the
Expiration
of the
year 1632, and have been inserted amonst the
Debts of the publick
Chamber, and the said
Chamber having been oblig’d to
pay the
Interests:
the Arch-
Duke making this
Payment, shall keep the
King exempt from the
same. ...
... As for what
concerns the
Debts wherewith the
Chamber
of Ensisheim is charg’d, the Arch-
Duke Ferdinand Charles shall
undertake
with that part of the
Province, which the most Christian
King shall
restore
him, to
pay one third without
distinction, whether they be Bonds, or
Mortgages;
provided they are in authentick form, and that they have a particular
Mortgage,
either on the
Provinces to be restor’d, or on them which are to be
transfer’d;
or if there be none, provided they be found on the
Books of
Accounts,
agreeing
with those of
Receipts of the
Chamber of Ensisheim, until the
Expiration
of the
year 1632, and have been inserted amonst the
Debts of the publick
Chamber, and the said
Chamber having been oblig’d to
pay the
Interests:
the Arch-
Duke making this
Payment, shall keep the
King exempt from the
same. ...
... 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 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. ...
... Besides the said Sum, the most Christian
King
shall be oblig’d to take upon him two Thirds of the
Debts of the
Chamber
of Ensisheim without
distinction, whether by
Bill or
Mortgage, provided
they be in
due and
authentic Form, and have a
special Mortgage either on
the
Provinces to be
transfer’d, or on them to be restor’d; or if there
be none, provided they be found on the
Books of
Accounts agreeing with
those of the Receits of the
Chamber of Ensisheim, until the end of the
Year 1632, the said Sums having been inserted among the
Debts of the
Community,
and the
Chamber having been oblig’d to
pay the
Interests: And the
King
making this
Payment, the Archduke shall be exempted for such a proportion.
And that the same may be equitably
executed, Commissarys shall be deputed
on the one side and the other, immediately after the
signing of this present
Treaty, who before the
Payment of the first Sum, shall
agree between them
what
Debts every one has to
pay. ...
... 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. ...