... 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 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. ...
... First, That the
chief Dominion,
Right of
Sovereignty,
and all other
Rights upon the Bishopricks of Metz, Toul, and Verdun, and
on the Citys of that
Name and their Diocesses, particularly on Mayenvick,
in the same
manner they formerly belong’d to the
Emperor, shall for the
future appertain to the Crown of
France, and shall be irrevocably incorporated
therewith for ever, saving the
Right of the
Metropolitan, which belongs
to the Archbishop of Treves. ...
... In the second
place, the
Emperor and Empire
resign
and
transfer to the most Christian
King, and his
Successors, the
Right
of direct Lordship and
Sovereignty, and all that has belong’d, or might
hitherto belong to him, or the sacred Roman Empire, upon Pignerol. ...
... Item, All the Vassals,
Subjects,
People,
Towns,
Boroughs, Castles,
Houses, Fortresses, Woods, Coppices,
Gold or
Silver
Mines,
Minerals, Rivers, Brooks,
Pastures; and in a word, all the
Rights,
Regales and Appurtenances, without any
reserve, shall belong to the most
Christian
King, and shall be for ever incorporated with the
Kingdom France,
with all
manner of
Jurisdiction and
Sovereignty, without any contradiction
from the
Emperor, the Empire,
House of
Austria, or any other: so that no
Emperor, or any
Prince of the
House of
Austria, shall, or ever ought to
usurp, nor so much as pretend any
Right and
Power over the said Countrys,
as well on this, as the other side the Rhine. ...
... Item, The County of Hawenstein, the Black
Forest,
the Upper and Lower Brisgaw, and the
Towns situate therein, appertaining
of Antient
Right to the
House of
Austria, viz. Neuburg, Friburg, Edingen,
Renzingen, Waldkirch, Willingen, Bruenlingen, with all their Territorys;
as also, the Monasterys, Abbys, Prelacys, Deaconrys, Knight-
Fees, Commanderships,
with all their Bayliwicks, Baronys, Castles, Fortresses, Countys, Barons,
Nobles, Vassals,
Men,
Subjects, Rivers, Brooks,
Forests, Woods, and all
the Regales,
Rights,
Jurisdictions, Fiefs and Patronages, and all other
things belonging to the
Sovereign Right of
Territory, and to the Patrimony
of the
House of
Austria, in all that
Country. ...
... 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, 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. ...
... That it shall not for the
future, or at present,
prove to the
damage and
prejudice of any
Town, that has been taken and
kept by the one or other
Party; but that all and every one of them, with
their
Citizens and
Inhabitants, shall enjoy as well the
general Benefit
of the
Amnesty, as the
rest of this Pacification. And for the
Remainder
of their
Rights and
Privileges, Ecclesiastical and Secular, which they
enjoy’d before these Troubles, they shall be maintain’d therein; save,
nevertheless the
Rights of
Sovereignty, and what depends thereon, for the
Lords to whom they belong. ...