... 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. ...
... According to this
foundation of reciprocal Amity,
and a
general Amnesty, all and every one of the Electors of the sacred
Roman Empire, the
Princes and
States (therein comprehending the
Nobility,
which depend immediately on the Empire) their Vassals,
Subjects,
Citizens,
Inhabitants (to whom on the
account of the
Bohemian or
German Troubles
or
Alliances, contracted here and there, might have been done by the one
Party or the other, any
Prejudice or
Damage in any
manner, or under what
pretence soever, as well in their Lordships, their fiefs, Underfiefs, Allodations,
as in their Dignitys, Immunitys,
Rights and
Privileges) shall be
fully
re-
establish’d on the one side and the other, in the Ecclesiastick or Laick
State, which they enjoy’d, or could lawfully enjoy, notwithstanding any
Alterations, which have been made in the mean
time to the
contrary. ...
... The
Congress of Munster and Osnabrug having brought
the Palatinate Cause to that pass, that the
Dispute which has lasted for
so long
time, has been at length terminated; the
Terms are these. ...
... In the first
place, as to what
concerns the
House
of Bavaria, the
Electoral Dignity which the Electors Palatine have hitherto
had, with all their Regales,
Offices, Precedencys,
Arms and
Rights, whatever
they be, belonging to this
Dignity, without excepting any, as also all
the Upper Palatinate and the County of Cham, shall remain, as for the
time
past, so also for the
future, with all their Appurtenances, Regales and
Rights, in the
possession of the Lord Maximilian, Count Palatine of the
Rhine,
Duke of Bavaria, and of his
children, and all the Willielmine Line,
whilst there shall be any
Male Children in being. ...
... 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 if it should happen that the
Male Branch
of William should be intirely extinct, and the Palatine
Branch still subsist,
not only the Upper Palatinate, but also the
Electoral Dignity of the Dukes
of Bavaria, shall revert to the said surviving Palatine, who in the mean
time enjoys the Investiture: but then the eighth Electorate shall be intirely
suppress’d. Yet in such
case, nevertheless, of the
return of the Upper
Palatinate to the surviving Palatines, the Heirs of any Allodian Lands
of the Bavarian Electors shall remain in
Possession of the
Rights and Benefices,
which may lawfully appertain to them. ...
... That the
Dispute depending between the Bishops
of Bamberg and Wirtzberg on the one, and the Marquiss of Brandenburg, Culmbach,
and Onalzbach, on the other side, touching the Castle,
Town,
Jurisdiction,
and Monastery of Kitzingen in Franconia, on the Main, shall be amicably
compos’d; or, in a
judicial manner, within two
years time, upon
pain of
the
Person’s losing his Pretensions, that shall
delay it: and that, in
the mean
time, the
Fort of Wirtzberg shall be
surrender’d to the said Lords
Marquisses, in the same
state it was taken, according as it has been
agreed
and
stipulated. ...
... That the
Dispute depending between the Bishops
of Bamberg and Wirtzberg on the one, and the Marquiss of Brandenburg, Culmbach,
and Onalzbach, on the other side, touching the Castle,
Town,
Jurisdiction,
and Monastery of Kitzingen in Franconia, on the Main, shall be amicably
compos’d; or, in a
judicial manner, within two
years time, upon
pain of
the
Person’s losing his Pretensions, that shall
delay it: and that, in
the mean
time, the
Fort of Wirtzberg shall be
surrender’d to the said Lords
Marquisses, in the same
state it was taken, according as it has been
agreed
and
stipulated. ...
... That Frederick, Marquiss of Baden, and of Hachberg,
and his Sons and Heirs, with all those who have serv’d them in any
manner
whatsoever, and who serve them still, of what
degree they may be, shall
enjoy the
Amnesty above-mention’d, in the second and third Article, with
all its
Clauses and Benefices; and by
virtue thereof, they shall be
fully
re-
establish’d in the
State Ecclesiastical or Secular, in the same
manner
as the Lord George Frederick Marquiss of Beden and of Hachberg, possess’d,
before the beginning of the Troubles of
Bohemia, whatever
concern’d the
lower Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d the Marquisate of Hachberg, and the Lordships of Rottelen, Badenweiller,
and Sausenberg, notwithstanding, and annulling all the
Changes made to
the
contrary. After which shall be restor’d to Marquiss Frederick, the
Jurisdictions of Stein and Renchingen, without being charg’d with
Debts,
which the Marquiss William has contracted during that
time, by
Reason of
the
Revenues,
Interests and
Charges, put down in the
Transaction pass’d
at Etlingen in the
Year 1629. and
transfer’d to the said William Marquiss
of Baden, with all the
Rights,
Documents, Writings, and other things appertaining;
so that all the
Plea concerning the
Charges and
Revenues, as well receiv’d
as to
receive, with their
Damages and
Interests, to reckon from the
time
of the first
Possession, shall be intirely taken away and abolish’d. ...
... That Frederick, Marquiss of Baden, and of Hachberg,
and his Sons and Heirs, with all those who have serv’d them in any
manner
whatsoever, and who serve them still, of what
degree they may be, shall
enjoy the
Amnesty above-mention’d, in the second and third Article, with
all its
Clauses and Benefices; and by
virtue thereof, they shall be
fully
re-
establish’d in the
State Ecclesiastical or Secular, in the same
manner
as the Lord George Frederick Marquiss of Beden and of Hachberg, possess’d,
before the beginning of the Troubles of
Bohemia, whatever
concern’d the
lower Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d the Marquisate of Hachberg, and the Lordships of Rottelen, Badenweiller,
and Sausenberg, notwithstanding, and annulling all the
Changes made to
the
contrary. After which shall be restor’d to Marquiss Frederick, the
Jurisdictions of Stein and Renchingen, without being charg’d with
Debts,
which the Marquiss William has contracted during that
time, by
Reason of
the
Revenues,
Interests and
Charges, put down in the
Transaction pass’d
at Etlingen in the
Year 1629. and
transfer’d to the said William Marquiss
of Baden, with all the
Rights,
Documents, Writings, and other things appertaining;
so that all the
Plea concerning the
Charges and
Revenues, as well receiv’d
as to
receive, with their
Damages and
Interests, to reckon from the
time
of the first
Possession, shall be intirely taken away and abolish’d. ...
... That the
Annual Pension of the Lower Marquisate,
payable to the Upper Marquisate, according to former
Custom, shall by
virtue
of the present
Treaty be intirely taken away and annihilated; and that
for the
future nothing shall be pretended or demanded on that
account,
either for the
time past or to come. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... If those
Documents be publick, and
concern in
common and
jointly the Lands yielded to the
King, the Archduke shall
receive
authentick Copys of them, at what
time and as often as he shall demand
them. ...
... 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. ...
... 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. ...
... The Restitution being made pursuant to the Articles
of
Amnesty and
Grievances, the
Prisoners being releas’d, all the Soldiery
of the Garisons, as well the
Emperor’s and his Allys, as the most Christian
King’s, and of the Landgrave of Hesse, and their Allys and Adherents, or
by whom they may have been put in, shall be drawn out at the same
time,
without any
Damage,
Exception, or
Delay, of the Citys of the Empire, and
all other
Places which are to be restor’d. ...
... 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. ...
... In the
Name of the one and the other Bench, M.
Marc Ottoh of Strasburg, M. John James Wolff of Ratisbon, M. David Gloxinius
of Lubeck, and M. Lewis Christopher Kres of Kressenstein, all Syndick
Senators,
Counsellors and
Advocates of the Republick of Noremberg; who with their
proper Hands and
Seals have
sign’d and
seal’d this present
Treaty of
Peace,
and which said Deputys of the several
Orders have engag’d to
procure the
Ratifications of their
Superiors in the prefix’d
time, and in the
manner
it has been covenanted, leaving the
liberty to the other Plenipotentiarys
of
States to
sign it, if they think it convenient, and send for the
Ratifications
of their
Superiors: And that on
condition that by the Subscription of the
abovesaid
Ambassadors and Deputys, all and every one of the other
States
who shall abstain from
signing and
ratifying the present
Treaty, shall
be no less oblig’d to maintain and observe what is contain’d in this present
Treaty of Pacification, than if they had subscrib’d and
ratify’d it; and
no Protestation or Contradiction of the
Council of Direction in the Roman
Empire shall be
valid, or receiv’d in
respect to the Subscription and said
Deputys have made. ...