... In the
name of the most holy and
individual Trinity:
Be it known to all, and every one whom it may
concern, or to whom in any
manner it may belong, That for many
Years past, Discords and
Civil Divisions
being stir’d up in the Roman Empire, which increas’d to such a
degree,
that not only all
Germany, but also the neighbouring
Kingdoms, and
France
particularly, have been involv’d in the Disorders of a long and
cruel War:
And in the first
place, between the most Serene and most Puissant
Prince
and Lord, Ferdinand the Second, of famous Memory,
elected Roman
Emperor,
always August,
King of
Germany,
Hungary,
Bohemia, Dalmatia,
Croatia, Slavonia,
Arch-
Duke of
Austria,
Duke of Burgundy, Brabant, Styria, Carinthia, Carniola,
Marquiss of Moravia,
Duke of Luxemburgh, the Higher and Lower Silesia,
of Wirtemburg and Teck,
Prince of Suabia, Count of Hapsburg, Tirol, Kyburg
and Goritia, Marquiss of the Sacred Roman Empire, Lord of Burgovia, of
the Higher and Lower Lusace, of the Marquisate of Slavonia, of
Port Naon
and Salines, with his
Allies and Adherents on one side; and the most Serene,
and the most Puissant
Prince, Lewis the Thirteenth, most Christian
King
of
France and Navarre, with his
Allies and Adherents on the other side.
And after their Decease, between the most Serene and Puissant
Prince and
Lord, Ferdinand the Third,
elected Roman
Emperor, always August,
King of
Germany,
Hungary,
Bohemia, Dalmatia,
Croatia, Slavonia, Arch-
Duke of
Austria,
Duke of Burgundy, Brabant, Styria, Carinthia, Carniola, Marquiss of Moravia,
Duke of Luxemburg, of the Higher and Lower Silesia, of Wirtemburg and Teck,
Prince of Suabia, Count of Hapsburg, Tirol, Kyburg and Goritia, Marquiss
of the Sacred Roman Empire, Burgovia, the Higher and Lower Lusace, Lord
of the Marquisate of Slavonia, of
Port Naon and Salines, with his
Allies
and Adherents on the one side; and the most Serene and most Puissant
Prince
and Lord, Lewis the Fourteenth, most Christian
King of
France and Navarre,
with his
Allies and Adherents on the other side: from whence ensu’d
great
Effusion of Christian Blood, and the Desolation of several
Provinces. It
has at last happen’d, by the
effect of Divine Goodness, seconded by the
Endeavours of the most Serene Republick of Venice, who in this sad
time,
when all Christendom is imbroil’d, has not ceas’d to
contribute its
Counsels
for the publick
Welfare and Tranquillity; so that on the side, and the
other, they have form’d
Thoughts of an
universal Peace. And for this
purpose,
by a
mutual Agreement and
Covenant of both Partys, in the
year of our Lord
1641. the 25th of December, N.S. or the 15th O.S. it was resolv’d at Hamburgh,
to hold an
Assembly of Plenipotentiary
Ambassadors, who should render themselves
at Munster and Osnabrug in Westphalia the 11th of July, N.S. or the 1st
of the said
month O.S. in the
year 1643. The Plenipotentiary
Ambassadors
on the one side, and the other, duly
establish’d, appearing at the prefixt
time, and on the behalf of his
Imperial Majesty, the most illustrious and
most excellent Lord, Maximilian Count of Trautmansdorf and Weinsberg, Baron
of Gleichenberg, Neustadt, Negan, Burgau, and Torzenbach, Lord of Teinitz,
Knight of the
Golden Fleece, Privy Counsellor and Chamberlain to his
Imperial
Sacred Majesty, and Steward of his Houshold; the Lord John Lewis, Count
of
Nassau, Catzenellebogen, Vianden, and Dietz, Lord of Bilstein, Privy
Counsellor to the
Emperor, and Knight of the
Golden Fleece; Monsieur Isaac
Volmamarus, Doctor of
Law, Counsellor, and
President in the
Chamber of
the most Serene Lord Arch-
Duke Ferdinand Charles. And on the behalf of
the most Christian
King, the most eminent
Prince and Lord, Henry of Orleans,
Duke of Longueville, and Estouteville,
Prince and
Sovereign Count of Neuschaftel,
Count of Dunois and Tancerville,
Hereditary Constable of Normandy,
Governor
and
Lieutenant-
General of the same
Province,
Captain of the Cent Hommes
d’
Arms, and Knight of the
King’s
Orders, &c. as also the most illustrious
and most excellent Lords, Claude de Mesmes, Count d’Avaux,
Commander of
the said
King’s
Orders, one of the Superintendents of the
Finances, and
Minister of the
Kingdom of
France &c. and Abel Servien, Count la Roche
of Aubiers, also one of the
Ministers of the
Kingdom of
France. And by
the
Mediation and Interposition of the most illustrious and most excellent
Ambassador and
Senator of Venice, Aloysius Contarini Knight, who for the
space of five
Years, or thereabouts, with
great Diligence, and a
Spirit
intirely
impartial, has been inclin’d to be a
Mediator in these
Affairs.
After having implor’d the Divine
Assistance, and receiv’d a reciprocal
Communication of
Letters,
Commissions, and
full Powers, the Copys of which
are inserted at the end of this
Treaty, in the
presence and with the
consent
of the Electors of the Sacred Roman Empire, the other
Princes and
States,
to the Glory of God, and the
Benefit of the Christian
World, the following
Articles have been
agreed on and consented to, and the same run thus. ...
... That there shall be on the one side and the other
a perpetual Oblivion,
Amnesty, or Pardon of all that has been committed
since the beginning of these Troubles, in what
place, or what
manner soever
the Hostilitys have been practis’d, in such a
manner, that no
body, under
any
pretext whatsoever, shall
practice any
Acts of
Hostility, entertain
any Enmity, or cause any Trouble to each other; neither as to
Persons,
Effects and Securitys, neither of themselves or by others, neither privately
nor openly, neither directly nor
indirectly, neither under the
colour of
Right, nor by the way of Deed, either within or without the
extent of the
Empire, notwithstanding all Covenants made before to the
contrary: That
they shall not
act, or
permit to be acted, any wrong or
injury to any whatsoever;
but that all that has pass’d on the one side, and the other, as well before
as during the
War, in Words, Writings, and Outrageous
Actions, in Violences,
Hostilitys,
Damages and Expences, without any
respect to
Persons or Things,
shall be entirely abolish’d in such a
manner that all that might be demanded
of, or pretended to, by each other on that behalf, shall be bury’d in eternal
Oblivion. ...
... That the
Princes of Wirtemberg, of the
Branches
of Montbeillard, shall be re-
establish’d in all their
Domains in Alsace,
and wheresoever they be situated, but particularly in the three Fiefs of
Burgundy, Clerval, and Passavant: and both Partys shall re-
establish them
in the
State,
Rights and Prerogatives they enjoy’d before the Beginning
of these
Wars. ...
... That
Sentences pronounc’d during the
War about
Matters purely Secular, if the
Defect in the
Proceedings be not
fully manifest,
or cannot be immediately demonstrated, shall not be esteem’d wholly
void;
but that the
Effect shall be suspended until the
Acts of
Justice (if one
of the Partys demand the
space of six
months after the
Publication of the
Peace, for the reviewing of his Process) be
review’d and weigh’d in a proper
Court, and according to the
ordinary or extraordinary Forms us’d in the
Empire: to the end that the former Judgments may be confirm’d, amended,
or quite eras’d, in
case of Nullity. ...
... As to their Estates that have been lost by
Confiscation
or otherways, before they took the part of the Crown of
France, or of Swedeland,
notwithstanding the Plenipotentiarys of Swedeland have made long instances,
they may be also restor’d. Nevertheless his
Imperial Majesty being to
receive
Law from none, and the Imperialists sticking close thereto, it has not
been
thought convenient by the
States of the Empire, that for such a
Subject
the
War should be continu’d: And that thus those who have lost their
Effects
as aforesaid, cannot recover them to the
prejudice of their last
Masters
and Possessors. But the Estates, which have been taken away by
reason of
Arms taken for
France or Swedeland, against the
Emperor and the
House of
Austria, they shall be restor’d in the
State they are found, and that without
any
Compensation for
Profit or
Damage. ...
... Touching the
Affair of Hesse Cassel, it has been
agreed as follows: In the first
place, The
House of Hesse Cassel, and all
its
Princes, chiefly Madam Emelie Elizabeth Landgravine of Hesse, and her
Son Monsieur William and his Heirs, his
Ministers,
Officers, Vassals,
Subjects,
Soldiers, and others who follow his
Service in any
manner soever, without
any
Exception, notwithstanding
Contracts to the
contrary,
Processes, Proscriptions,
Declarations,
Sentences,
Executions and
Transactions; as also notwithstanding
any
Actions and Pretensions for
Damages and
Injuries as well from Neutrals,
as from those who were in
Arms, annull’d by the
General Amnesty here before
establish’d, and to take
place from the beginning of the
War in
Bohemia,
with a
full Restitution (except the Vassals, and
Hereditary Subjects of
his
Imperial Majesty, and the
House of
Austria, as is laid down in the
Paragraph, Tandemomnes, &c.) shall partake of all the
Advantages redounding
from this
Peace, with the same
Rights other
States enjoy, as is set forth
in the Article which commences, Unanimi, &c. ...
... It has been further
agreed, That for the Restitution
of
Places possess’d during this
War, and for the
Indemnity of Madam, the
Landgravine of Hesse, who is the
Guardian, the Sum of Six Hundred Thousand
Rixdollars shall be given to her and her Son, or his
Successors Princes
of Hesse, to be had from the Archbishopricks of Mayence and Cologne, from
the Bishopricks of Paderborn and Munster, and the Abby of Fulden; which
Sum shall be
paid at Cassel in the
term of eight
Months, to reckon from
the
Day of the
Ratification of the
Peace, at the peril and
charge of the
Solvent: and no
Exception shall be used to evade this promis’d
Payment,
on any Pretence; much less shall any
Seizure be made of the Sum
agreed
on. ...
... 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. ...
... 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. ...
... They shall enjoy without contradiction, the
Right
of
Suffrage in all
Deliberations touching the
Affairs of the Empire; but
above all, when the
Business in hand shall be the making or
interpreting
of
Laws, the declaring of
Wars, imposing of Taxes, levying or quartering
of
Soldiers, erecting new
Fortifications in the Territorys of the
States,
or reinforcing the old Garisons; as also when a
Peace of
Alliance is to
be concluded, and treated about, or the like, none of these, or the like
things shall be acted for the
future, without the
Suffrage and
Consent
of the
Free Assembly of all the
States of the Empire: Above all, it shall
be
free perpetually to each of the
States of the Empire, to make
Alliances
with
Strangers for their
Preservation and
Safety; provided, nevertheless,
such
Alliances be not against the
Emperor, and the Empire, nor against
the Publick
Peace, and this
Treaty, and without
prejudice to the
Oath by
which every one is bound to the
Emperor and the Empire. ...
... That 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. ...
... 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. ...
... And since it much
concerns the Publick, that upon
the
Conclusion of the
Peace,
Commerce be re-
establish’d, for that end it
has been
agreed, that the Tolls,
Customs, as also the
Abuses of the Bull
of Brabant, and the
Reprisals and
Arrests, which proceeded from thence,
together with
foreign Certifications, Exactions, Detensions; Item, The
immoderate Expences and
Charges of
Posts, and other Obstacles to
Commerce
and
Navigation introduc’d to its
Prejudice,
contrary to the Publick
Benefit
here and there, in the Empire on occasion of the
War, and of late by a
private Authority against its
Rights and
Privileges, without the
Emperor’s
and
Princes of the Empire’s
consent, shall be
fully remov’d; and the antient
Security,
Jurisdiction and
Custom, such as have been long before these
Wars in use, shall be re-
establish’d and inviolably maintain’d in the
Provinces,
Ports and Rivers. ...
... The most Christian
King shall, nevertheless, be
oblig’d to preserve in all and every one of these Countrys the Catholick
Religion, as maintain’d under the
Princes of
Austria, and to abolish all
Innovations crept in during the
War. ...
... 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. ...
... As to
Confiscations of Things, which consist in
Weight,
Number and
Measure, Exactions, Concussions and Extortions made
during the
War; the reclaiming of them is
fully annull’d and taken away
on the one side and the other, in
order to
avoid Processes and litigious
Strifes. ...
... 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. ...
... That the
Records, Writings and
Documents, and
other Moveables, be also restor’d; as likewise the Cannon found at the
taking of the
Places, and which are still in being. But they shall be allow’d
to carry off with them, and cause to be carry’d off, such as have been
brought thither from other parts after the taking of the
Places, or have
been taken in Battels, with all the
Carriages of
War, and what belongs
thereunto. ...
... Finally, that the
Troops and Armys of all those
who are making
War in the Empire, shall be disbanded and discharg’d; only
each
Party shall send to and keep up as many
Men in his own Dominion, as
he shall
judge necessary for his
Security. ...