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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 the Circle of Burgundy shall be and continue
a Member of the Empire, after the Disputes between France and Spain (comprehended
in this Treaty) shall be terminated. That nevertheless, neither the Emperor,
nor any of the States of the Empire, shall meddle with the Wars which are
now on foot between them. That if for the future any Dispute arises between
these two Kingdoms, the abovesaid reciprocal Obligation of not aiding each
others Enemys, shall always continue firm between the Empire and the Kingdom
of France, but yet so as that it shall be free for the States to succour;
without the bounds of the Empire, such or such Kingdoms, but still according
to the Constitutions of the Empire. ...
... That the Controversy touching Lorain shall be
refer’d to Arbitrators nominated by both sides, or it shall be terminated
by a Treaty between France and Spain, or by some other friendly means;
and it shall be free as well for the Emperor, as Electors, Princes and
States of the Empire, to aid and advance this Agreement by an amicable
Interposition, and other Offices of Pacification, without using the force
of Arms. ...
... That the Paragraphs, Prince Lewis Philip, &c.
Prince Frederick, &c. and Prince Leopold Lewis, &c. be understood
as here inserted, after the same manner they are contain’d in the Instrument,
or Treaty of the Empire with Swedeland. ...
... That the Agreement made, touching the Entertainment
of the Lord Christian William, Marquiss of Brandenburg, shall be kept as
if recited in this place, as it is put down in the fourteenth Article of
the Treaty between the Empire and Swedeland. ...
... The Most Christian King shall restore to the Duke
of Wirtemberg, after the manner hereafter related, where we shall mention
the withdrawing of Garisons, the Towns and Forts of Hohenwiel, Schorendorff,
Turbingen, and all other places, without reserve, where he keeps Garisons
in the Dutchy of Wirtemberg. As for the rest, the Paragraph, THE HOUSE
OF WIRTEMBERG, &c. shall be understood as inserted in this Place, after
the same manner it’s contain’d in the Treaty of the Empire, and of Swedeland. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... As to the Differences arisen between the Houses
of Hesse Cassel, and of Darmstadt, touching the Succession of Marburg;
since they have been adjusted at Cassel, the 14th of April, the preceding
Year, by the mutual Consent of the Interested Partys, it has been thought
good, that that Transaction, with all its Clauses, as concluded and sign’d
at Cassel by both Partys, should be intimated to this Assembly; and that
by virtue of this present Treaty, it shall be of the same force, as if
inserted word by word: and the same shall never be infring’d by the Partys,
nor any other whatsoever, under any pretence, either by Contract, Oath,
or otherways, but ought to be most exactly kept by all, tho perhaps some
of the Partys concern’d may refuse to confirm it. ...
... 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. ...
... The Emperor, Empire, and Monsieur the Arch Duke
of Insprug, Ferdinand Charles, respectively discharge the Communitys, Magistrates,
Officers and Subjects of each of the said Lordships and Places, from the
Bonds and Oaths which they were hitherto bound by, and ty’d to the House
of Austria; and discharge and assign them over to the Subjection, Obedience
and Fidelity they are to give to the King and Kingdom of France; and consequently
confirm the Crown of France in a full and just Power over all the said
Places, renouncing from the present, and for ever, the Rights and Pretensions
they had thereunto: Which Cession the Emperor, the said Arch-Duke and his
Brother (by reason the said Renunciation concerns them particularly) shall
confirm by particular Letters for themselves and their Descendants; and
shall so order it also, that the Catholick King of Spain shall make the
same Renunciation in due and authentick form, which shall be done in the
name of the whole Empire, the same Day this present Treaty shall be sign’d. ...
... For the greater Validity of the said Cessions
and Alienations, the Emperor and Empire, by virtue of this present Treaty,
abolish all and every one of the Decrees, Constitutions, Statutes and Customs
of their Predecessors, Emperors of the sacred Roman Empire, tho they have
been confirm’d by Oath, or shall be confirm’d for the future; particularly
this Article of the Imperial Capitulation, by which all or any Alienation
of the Appurtenances and Rights of the Empire is prohibited: and by the
same means they exclude for ever all Exceptions hereunto, on what Right
and Titles soever they may be grounded. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... His Imperial Majesty, at the modest Request of
the Duke of Savoy, shall together with the Investiture of the antient Fiefs
and States, which the late Ferdinand II. of blessed memory granted to the
Duke of Savoy, Victor Amadeus, also grant him the Investiture of the Places,
Lordships, States, and all other Rights of Montserrat, with their Appurtenances,
which have been surrender’d to him by virtue of the abovesaid Treaty of
Cheras, and the Execution thereof which ensu’d; as also, of the Fiefs of
New Monsort, of Sine, Monchery, and Castelles, with their Appurtenances,
according to the Treaty of Acquisition made by the said Duke Victor Amadeus,
the 13th of October 1634. and conformable to the Concessions or Permissions,
and Approbation of his Imperial Majesty; with a Confirmation also of all
the Privileges which have been hitherto granted to the Dukes of Savoy,
when and as often as the Duke of Savoy shall request and demand it. ...
... His Imperial Majesty, at the modest Request of
the Duke of Savoy, shall together with the Investiture of the antient Fiefs
and States, which the late Ferdinand II. of blessed memory granted to the
Duke of Savoy, Victor Amadeus, also grant him the Investiture of the Places,
Lordships, States, and all other Rights of Montserrat, with their Appurtenances,
which have been surrender’d to him by virtue of the abovesaid Treaty of
Cheras, and the Execution thereof which ensu’d; as also, of the Fiefs of
New Monsort, of Sine, Monchery, and Castelles, with their Appurtenances,
according to the Treaty of Acquisition made by the said Duke Victor Amadeus,
the 13th of October 1634. and conformable to the Concessions or Permissions,
and Approbation of his Imperial Majesty; with a Confirmation also of all
the Privileges which have been hitherto granted to the Dukes of Savoy,
when and as often as the Duke of Savoy shall request and demand it. ...
... 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 Emperor above all things shall publish an
Edict thro’out the Empire, and strictly enjoin all, who by these Articles
of Pacification are oblig’d to restore or do any thing else, to obey it
promptly and without tergi-versation, between the signing and the ratifying
of this present Treaty; commanding as well the Directors as Governors of
the Militia of the Circles, to hasten and finish the Restitution to be
made to every one, in conformity to those Conventions, when the same are
demanded. This Clause is to be inserted also in the Edicts, That whereas
the Directors of the Circles, or the Governors of the Militia of the Circles,
in matters that concern themselves, are esteem’d less capable of executing
this Affair in this or the like case and likewise if the Directors and
Governors of the Militia of the Circles refuse this Commission, the Directors
of the neighbouring Circle, or the Governors of the Militia of the Circles
shall exercise the Function, and officiate in the execution of these Restitutions
in the other Circles, at the instance of the Partys concern’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. ...
... That the very Places, Citys, Towns, Boroughs,
Villages, Castles, Fortresses and Forts which have been possess’d and retain’d,
as well in the Kingdom of Bohemia, and other Countrys of the Empire and
Hereditary Dominions of the House of Austria, as in the other Circles of
the Empire, by one or the other Army, or have been surrender’d by Composition;
shall be restor’d without delay to their former and lawful Possessors and
Lords, whether they be mediately or immediately States of the Empire, Ecclesiastical
or Secular, comprehending therein also the free Nobility of the Empire:
and they shall be left at their own free disposal, either according to
Right and Custom, or according to the Force this present Treaty ought to
have, notwithstanding all Donations, Infeoffments, Concessions (except
they have been made by the free-will of some State) Bonds for redeeming
of Prisoners, or to prevent Burnings and Pillages, or such other like Titles
acquir’d to the prejudice of the former and lawful Masters and Possessors.
Let also all Contracts and Bargains, and all Exceptions contrary to the
said Restitution cease, all which are to be esteem’d void; saving nevertheless
such things as have been otherwise agreed on in the precedent Articles
touching the Satisfaction to made to his most Christian Majesty, as also
some Concessions and equivalent Compensations granted to the Electors and
Princes of the Empire. That neither the Mention of the Catholick King,
nor Quality of the Duke of Lorain given to Duke Charles in the Treaty between
the Emperor and Swedeland, and much less the Title of Landgrave of Alsace,
given to the Emperor, shall be any prejudice to the most Christian King.
That also which has been agreed touching the Satisfaction to be made to
the Swedish Troops, shall have no effect in respect to his Majesty. ...
... That the very Places, Citys, Towns, Boroughs,
Villages, Castles, Fortresses and Forts which have been possess’d and retain’d,
as well in the Kingdom of Bohemia, and other Countrys of the Empire and
Hereditary Dominions of the House of Austria, as in the other Circles of
the Empire, by one or the other Army, or have been surrender’d by Composition;
shall be restor’d without delay to their former and lawful Possessors and
Lords, whether they be mediately or immediately States of the Empire, Ecclesiastical
or Secular, comprehending therein also the free Nobility of the Empire:
and they shall be left at their own free disposal, either according to
Right and Custom, or according to the Force this present Treaty ought to
have, notwithstanding all Donations, Infeoffments, Concessions (except
they have been made by the free-will of some State) Bonds for redeeming
of Prisoners, or to prevent Burnings and Pillages, or such other like Titles
acquir’d to the prejudice of the former and lawful Masters and Possessors.
Let also all Contracts and Bargains, and all Exceptions contrary to the
said Restitution cease, all which are to be esteem’d void; saving nevertheless
such things as have been otherwise agreed on in the precedent Articles
touching the Satisfaction to made to his most Christian Majesty, as also
some Concessions and equivalent Compensations granted to the Electors and
Princes of the Empire. That neither the Mention of the Catholick King,
nor Quality of the Duke of Lorain given to Duke Charles in the Treaty between
the Emperor and Swedeland, and much less the Title of Landgrave of Alsace,
given to the Emperor, shall be any prejudice to the most Christian King.
That also which has been agreed touching the Satisfaction to be made to
the Swedish Troops, shall have no effect in respect to his Majesty. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...