International History
TREATY
OF WESTPHALIA
Munster, October 24, 1648
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.
I.
That
there shall be a Christian and Universal Peace, and a perpetual, true, and
sincere Amity, between his Sacred Imperial Majesty, and his most Christian
Majesty; as also, between all and each of the Allies, and Adherents of his said
Imperial Majesty, the House of Austria, and its Heirs, and Successors; but
chiefly between the Electors, Princes, and States of the Empire on the one
side; and all and each of the Allies of his said Christian Majesty, and all
their Heirs and Successors, chiefly between the most Serene Queen and Kingdom
of Swedeland, the Electors respectively, the Princes and States of the Empire,
on the other part. That this Peace and Amity be observ’d and cultivated with
such a Sincerity and Zeal, that each Party shall endeavour to procure the
Benefit, Honour and Advantage of the other; that thus on all sides they may see
this Peace and Friendship in the Roman Empire, and the Kingdom of France
flourish, by entertaining a good and faithful Neighbourhood.
II.
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.
III.
And that
a reciprocal Amity between the Emperor, and the Most Christian King, the Electors,
Princes and States of the Empire, may be maintain’d so much the more firm and
sincere (to say nothing at present of the Article of Security, which will be
mention’d hereafter) the one shall never assist the present or future Enemys of
the other under any Title or Pretence whatsoever, either with Arms, Money,
Soldiers, or any sort of Ammunition; nor no one, who is a Member of this
Pacification, shall suffer any Enemys Troops to retire thro’ or sojourn in his
Country.
IV.
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.
V.
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.
VI.
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.
VII.
If the
Possessors of Estates, which are to be restor’d, think they have lawful
Exceptions, yet it shall not hinder the Restitution; which done, their Reasons
and Exceptions may be examin’d before competent Judges, who are to determine
the same.
VIII.
And tho
by the precedent general Rule it may be easily judg’d who those are, and how
far the Restitution extends; nevertheless, it has been thought fit to make a
particular mention of the following Cases of Importance, but yet so that those
which are not in express Terms nam’d, are not to be taken as if they were
excluded or forgot.
IX.
Since the
Arrest the Emperor has formerly caus’d to be made in the Provincial Assembly,
against the moveable Effects of the Prince Elector of Treves, which were
transported into the Dutchy of Luxemburg, tho releas’d and abolish’d, yet at
the instance of some has been renew’d; to which has been added a Sequestration,
which the said Assembly has made of the Jurisdiction of Burch, belonging to the
Archbishoprick, and of the Moiety of the Lordship of St. John, belonging to
John Reinbard of Soeteren, which is contrary to the Concordat’s drawn up at
Ausburg in the year 1548 by the publick interposition of the Empire, between
the Elector of Treves, and the Dutchy of Burgundy: It has been agreed, that the
abovesaid Arrest and Sequestration shall be taken away with all speed from the Assembly
of Luxemburg, that the said Jurisdiction, Lordship, and Electoral and
Patrimonial Effects, with the sequestred Revenues, shall be releas’d and
restor’d to the Elector; and if by accident some things should be Imbezel’d,
they shall be fully restor’d to him; the Petitioners being refer’d, for the
obtaining a determination of their Rights, to the Judge of the Prince Elector,
who is competent in the Empire.
X.
As for
what concerns the Castles of Ehrenbreitstein and Homestein, the Emperor shall
withdraw, or cause the Garisons to be withdrawn in the time and manner limited
hereafter in the Article of Execution, and shall restore those Castles to the
Elector of Treves, and to his Metropolitan Chapter, to be in the Protection of
the Empire, and the Electorate; for which end the Captain, and the new Garison
which shall be put therein by the Elector, shall also take the Oaths of
Fidelity to him and his Chapter.
XI.
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.
XII.
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.
XIII.
Reciprocally
the Elector of Bavaria renounces entirely for himself and his Heirs and
Successors the Debt of Thirteen Millions, as also all his Pretensions in Upper
Austria; and shall deliver to his Imperial Majesty immediately after the
Publication of the Peace, all Acts and Arrests obtain’d for that end, in order
to be made void and null.
XIV.
As for
what regards the House of Palatine, the Emperor and the Empire, for the benefit
of the publick Tranquillity, consent, that by virtue of this present Agreement,
there be establish’d an eighth Electorate; which the Lord Charles Lewis, Count
Palatine of the Rhine, shall enjoy for the future, and his Heirs, and the
Descendants of the Rudolphine Line, pursuant to the Order of Succession, set
forth in the Golden Bull; and that by this Investiture, neither the Lord
Charles Lewis, nor his Successors shall have any Right to that which has been
given with the Electoral Dignity to the Elector of Bavaria, and all the Branch
of William.
XV.
Secondly,
that all the Lower Palatinate, with all and every the Ecclesiastical and
Secular Lands, Rights and Appurtenances, which the Electors and Princes
Palatine enjoy’d before the Troubles of Bohemia, shall be fully restor’d to
him; as also all the Documents, Registers and Papers belonging thereto;
annulling all that hath been done to the contrary. And the Emperor engages,
that neither the Catholick King, nor any other who possess any thing thereof,
shall any ways oppose this Restitution.
XVI.
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.
XVII.
It shall
also be free for the Elector of Treves, as well in the Quality of Bishop of
Spires as Bishop of Worms, to sue before competent Judges for the Rights he
pretends to certain Ecclesiastical Lands, situated in the Territorys of the
Lower Palatinate, if so be those Princes make not a friendly Agreement among
themselves.
VIII.
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.
XIX.
That the
Family-Contracts made between the Electoral House of Heidelberg and that of
Nieuburg, touching the Succession to the Electorate, confirm’d by former
Emperors; as also all the Rights of the Rudolphine Branch, forasmuch as they
are not contrary to this Disposition, shall be conserv’d and maintain’d entire.
XX.
Moreover,
if any Fiefs in Juliers shall be found open by lawful Process, the Question
shall be decided in favour of the House Palatine.
XXI.
Further,
to ease the Lord Charles Lewis, in some measure, of the trouble of providing
his Brothers with Appenages, his Imperial Majesty will give order that forty
thousand Rixdollars shall be paid to the said Brothers, in the four ensuing Years;
the first commencing with the Year 1649. The Payment to be made of ten thousand
Rixdollars yearly, with five per Cent Interest.
XXII.
Further,
that all the Palatinate House, with all and each of them, who are, or have in
any manner adher’d to it; and above all, the Ministers who have serv’d in this
Assembly, or have formerly serv’d this House; as also all those who are
banish’d out of the Palatinate, shall enjoy the general Amnesty here above
promis’d, with the same Rights as those who are comprehended therein, or of
whom a more particular and ampler mention has been made in the Article of
Grievance.
XXIII.
Reciprocally
the Lord Charles Lewis and his Brothers shall render Obedience, and be faithful
to his Imperial Majesty, like the other Electors and Princes of the Empire; and
shall renounce their Pretensions to the Upper Palatinate, as well for
themselves as their Heirs, whilst any Male, and lawful Heir of the Branch of
William shall continue alive.
XXIV.
And upon
the mention which has been made, to give a Dowry and a Pension to the Mother
Dowager of the said Prince, and to his Sisters; his Sacred Imperial Majesty
(according to the Affection he has for the Palatinate House) has promis’d to
the said Dowager, for her Maintenance and Subsistence, to pay once for all
twenty thousand Rixdollars; and to each of the Sisters of the said Lord Charles
Lewis, when they shall marry, ten thousand Rixdollars, the said Prince Charles
Lewis being bound to disburse the Overplus.
XXV.
That the
said Lord Charles Lewis shall give no trouble to the Counts of Leiningen and of
Daxburg, nor to their Successors in the Lower Palatinate; but he shall let them
peaceably enjoy the Rights obtain’d many Ages ago, and confirm’d by the
Emperors.
XXVI.
That he
shall inviolably leave the Free Nobility of the Empire, which are in Franconia,
Swabia, and all along the Rhine, and the Districts thereof, in the state they
are at present.
XXVII.
That the
Fiefs confer’d by the Emperor on the Baron Gerrard of Waldenburg, call’d
Schenck-heeren, on Nicholas George Reygersberg, Chancellor of Mayence, and on
Henry Brombser, Baron of Rudeheim; Item, on the Elector of Bavaria, on Baron
John Adolph Wolff, call’d Meternicht, shall remain firm and stable: That
nevertheless these Vassals shall be bound to take an Oath of Fidelity to the
Lord Charles Lewis, and to his Successors, as their direct Lords, and to demand
of him the renewing of their Fiefs.
XXVIII.
That
those of the Confession of Augsburg, and particularly the Inhabitants of
Oppenheim, shall be put in possession again of their Churches, and
Ecclesiastical Estates, as they were in the Year 1624. as also that all others
of the said Confession of Augsburg, who shall demand it, shall have the free
Exercise of their Religion, as well in publick Churches at the appointed Hours,
as in private in their own Houses, or in others chosen for this purpose by
their Ministers, or by those of their Neighbours, preaching the Word of God.
XXIX.
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.
XXX.
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.
XXXI.
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.
XXXII.
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.
XXXIII.
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.
XXXIV.
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.
XXXV.
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.
XXXVI.
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.
XXXVII.
That the
Contracts, Exchanges, Transactions, Obligations, Treatys, made by Constraint or
Threats, and extorted illegally from States or Subjects (as in particular,
those of Spiers complain, and those of Weisenburg on the Rhine, those of
Landau, Reitlingen, Hailbron, and others) shall be so annull’d and abolish’d,
that no more Enquiry shall be made after them.
XXXVIII.
That if
Debtors have by force got some Bonds from their Creditors, the same shall be
restor’d, but not with prejudice to their Rights.
XXXIX.
That the
Debts either by Purchase, Sale, Revenues, or by what other name they may be
call’d, if they have been violently extorted by one of the Partys in War, and
if the Debtors alledge and offer to prove there has been a real Payment, they
shall be no more prosecuted, before these Exceptions be first adjusted. That
the Debtors shall be oblig’d to produce their Exceptions within the term of two
years after the Publication of the Peace, upon pain of being afterwards
condemn’d to perpetual Silence.
XL.
That
Processes which have been hitherto enter’d on this Account, together with the
Transactions and Promises made for the Restitution of Debts, shall be look’d
upon as void; and yet the Sums of Money, which during the War have been exacted
bona fide, and with a good intent, by way of Contributions, to prevent greater
Evils by the Contributors, are not comprehended herein.
XLI.
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.
XLII.
In the
like manner, if any Royal, or particular Fiefs, have not been renew’d since the
Year 1618. nor Homage paid to whom it belongs; the same shall bring no
prejudice, and the Investiture shall be renew’d the day the Peace shall be
concluded.
XLIII.
Finally,
That all and each of the Officers, as well Military Men as Counsellors and
Gownmen, and Ecclesiasticks of what degree they may be, who have serv’d the one
or other Party among the Allies, or among their Adherents, let it be in the
Gown, or with the Sword, from the highest to the lowest, without any
distinction or exception, with their Wives, Children, Heirs, Successors,
Servants, as well concerning their Lives as Estates, shall be restor’d by all
Partys in the State of Life, Honour, Renown, Liberty of Conscience, Rights and
Privileges, which they enjoy’d before the abovesaid Disorders; that no
prejudice shall be done to their Effects and Persons, that no Action or
accusation shall be enter’d against them; and that further, no Punishment be
inflicted on them, or they to bear any damage under what pretence soever: And
all this shall have its full effect in respect to those who are not Subjects or
Vassals of his Imperial Majesty, or of the House of Austria.
XLIV.
But for
those who are Subjects and Hereditary Vassals of the Emperor, and of the House
of Austria, they shall really have the benefit of the Amnesty, as for their
Persons, Life, Reputation, Honours: and they may return with Safety to their
former Country; but they shall be oblig’d to conform, and submit themselves to
the Laws of the Realms, or particular Provinces they shall belong to.
XLV.
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.
XLVI.
As for
the rest, Law and Justice shall be administer’d in Bohemia, and in all the
other Hereditary Provinces of the Emperor, without any respect; as to the
Catholicks, so also to the Subjects, Creditors, Heirs, or private Persons, who
shall be of the Confession of Augsburg, if they have any Pretensions, and enter
or prosecute any Actions to obtain Justice.
XLVII.
But from
this general Restitution shall be exempted things which cannot be restor’d, as
Things movable and moving, Fruits gather’d, Things alienated by the Authority
of the Chiefs of the Party, Things destroy’d, ruin’d, and converted to other
uses for the publick Security, as publick and particular Buildings, whether
sacred or profane, publick or private Gages, which have been, by surprize of
the Enemys, pillag’d, confiscated, lawfully sold, or voluntarily bestow’d.
XLVIII.
And as to
the Affair of the Succession of Juliers, those concern’d, if a course be not taken
about it, may one day cause great Troubles in the Empire about it; it has been
agreed, That the Peace being concluded it shall be terminated without any
Delay, either by ordinary means before his Imperial Majesty, or by a friendly
Composition, or some other lawful ways.
XLIX.
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.
L.
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.
LI.
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.
LII.
In the
third place, the Right of a direct Signiory over the Jurisdictions and
Bayliwick of Schaumburg, Buckenburg, Saxenhagen, and Stattenhagen, given
heretofore and adjudged to the Bishoprick of Mindau, shall for the future
belong unto Monsieur William, the present Landgrave of Hesse, and his
Successors in full Possession, and for ever, so as that the said Bishop, and no
other shall be capable of molesting him; saving nevertheless the Agreement made
between Christian Lewis, Duke of Brunswick and Lunenburg, and the Landgravine
of Hesse, and Philip Count of Lippe, as also the Agreement made between the
said Landgravine, and the said Count.
LIII.
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.
LIV.
And to
the end that Madam, the Landgravine, may be so much the more assur’d of the
Payment, she shall retain on the Conditions following, Nuys, Cuesfeldt, and
Newhaus, and shall keep Garisons in those Places which shall depend on her
alone; but with this Limitation, That besides the Officers and other necessary
Persons in the Garisons, those of the three above-nam’d Places shall not exceed
the number of Twelve Hundred Foot, and a Hundred Horse; leaving to Madam, the
Landgravine, the Disposition of the number of Horse and Foot she shall be
pleas’d to put in each of these Places, and whom she will constitute Governor.
LV.
The
Garisons shall be maintain’d according to the Order, which has been hitherto
usually practis’d, for the Maintenance of the Hessian Soldiers and Officers;
and the things necessary for the keeping of the Forts shall be furnish’d by the
Arch-bishopricks and Bishopricks, in which the said Fortresses are situated,
without any Diminution of the Sum above-mention’d. It shall be allow’d the
Garisons, to exact the Money of those who shall retard Payment too long, or who
shall be refractory, but not any more than what is due. The Rights of
Superiority and Jurisdiction, as well Ecclesiastical as Secular, and the
Revenues of the said Castles and Towns, shall remain in the Arch-bishop of
Cologne.
LVI.
As soon
as after the Ratification of Peace, Three Hundred Thousand Rixdollars shall be
paid to Madam, the Landgravine, she shall give up Nuys, and shall only retain
Cuesfeldt and Newhaus; but yet so as that the Garison of Nuys shall not be
thrown into the other two Places, nor nothing demanded on that account; and the
Garisons of Cuesfeldt shall not exceed the Number of Six Hundred Foot and Fifty
Horse. That if within the term of nine Months, the whole Sum be not paid to
Madam the Landgravine, not only Cuesfeldt and Newhaus shall remain in her Hands
till the full Payment, but also for the remainder, she shall be paid Interest
at Five per Cent. and the Treasurers and Collectors of the Bayliwicks
appertaining to the abovesaid Arch-bishopricks, Bishopricks and Abby, bordering
on the Principality of Hesse, shall oblige themselves by Oath to Madam the
Landgravine, that out of the annual Revenues, they shall yearly pay the
Interest of the remaining Sum notwithstanding the Prohibitions of their
Masters. If the Treasurers and Collectors delay the Payment, or alienate the
Revenues, Madam the Landgravine shall have liberty to constrain them to pay, by
all sorts of means, always saving the Right of the Lord Proprietor of the
Territory.
LVII.
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.
LVIII.
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.
LIX.
And tho
Madam the Landgravine has only demanded Restitution and Reparation of the
Arch-bishopricks of Mayence, Cologne, Paderborn, Munster, and the Abby of
Fulden; and has not insisted that any besides should contribute any thing for
this Purpose: nevertheless the Assembly have thought fit, according to the
Equity and Circumstances of Affairs, that without prejudice to the Contents of
the preceding Paragraph, which begins, Conventum praterea est, &c. IT HAS
BEEN FURTHER AGREED, the other States also on this and the other side the
Rhine, and who since the first of March of this present Year, have paid
Contributions to the Hessians, shall bear their Proportion pro Rata of their
preceding Contributions, to make up the said Sum with the Arch-bishopricks,
Bishopricks and Abby above-named, and forward the Payments of the Garisons of
the Cautionary Towns. If any has suffer’d Damage by the delay of others, who
are to pay their share, the Officers or Soldiers of his Imperial Majesty, of
the most Christian King, and of the Landgravine of Hesse, shall not hinder the forcing
of those who have been tardy; and the Hessian Soldiers shall not pretend to
except any from this Constraint, to the prejudice of this Declaration, but
those who have duly paid their Proportion, shall thereby be freed from all
Charges.
LX.
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.
LXI.
As also
the Transaction between the Deceas’d monsieur William, Landgrave of Hesse, and
Messieurs Christian and Wolrad, Counts of Waldeck, made the 11th of April,
1635. and ratify’d to Monsieur George, Landgrave of Hesse, the 14th of April
1648. shall no less obtain a full and perpetual force by virtue of this
Pacification, and shall no less bind all the Princes of Hesse, and all the
Counts of Waldeck.
LXII.
That the
Birth-right introduc’d in the House of Hesse Cassel, and in that of Darmstadt,
and confirm’d by His Imperial Majesty, shall continue and be kept firm and
inviolable.
LXIII.
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.
LXIV.
And to
prevent for the future any Differences arising in the Politick State, all and
every one of the Electors, Princes and States of the Roman Empire, are so
establish’d and confirm’d in their antient Rights, Prerogatives, Libertys,
Privileges, free exercise of Territorial Right, as well Ecclesiastick, as
Politick Lordships, Regales, by virtue of this present Transaction: that they
never can or ought to be molested therein by any whomsoever upon any manner of
pretence.
LXV.
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.
LXVI.
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.
LXVII.
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.
LXVIII.
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.
LXIX.
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.
LXX.
The
Rights and Privileges of Territorys, water’d by Rivers or otherways, as Customs
granted by the Emperor, with the Consent of the Electors, and among others, to
the Count of Oldenburg on the Viserg, and introduc’d by a long Usage, shall remain
in their Vigour and Execution. There shall be a full Liberty of Commerce, a
secure Passage by Sea and Land: and after this manner all and every one of the
Vassals, Subjects, Inhabitants and Servants of the Allys, on the one side and
the other, shall have full power to go and come, to trade and return back, by
Virtue of this present Article, after the same manner as was allowed before the
Troubles of Germany; the Magistrates, on the one side and on the other, shall
be oblig’d to protect and defend them against all sorts of Oppressions, equally
with their own Subjects, without prejudice to the other Articles of this
Convention, and the particular laws and Rights of each place. And that the said
Peace and Amity between the Emperor and the Most Christian King, may be the
more corroborated, and the publick Safety provided for, it has been agreed with
the Consent, Advice and Will of the Electors, Princes and States of the Empire,
for the Benefit of Peace:
LXXI.
First,
That the chief Dominion, Right of Sovereignty, and all other Rights upon the
Bishopricks of Metz, Toul, and Verdun, and on the Citys of that Name and their
Diocesses, particularly on Mayenvick, in the same manner they formerly belong’d
to the Emperor, shall for the future appertain to the Crown of France, and
shall be irrevocably incorporated therewith for ever, saving the Right of the
Metropolitan, which belongs to the Archbishop of Treves.
LXXII.
That
Monsieur Francis, Duke of Lorain, shall be restor’d to the possession of the
Bishoprick of Verdun, as being the lawful Bishop thereof; and shall be left in
the peaceable Administration of this Bishoprick and its Abbys (saving the Right
of the King and of particular Persons) and shall enjoy his Patrimonial Estates,
and his other Rights, wherever they may be situated (and as far as they do not
contradict the present Resignation) his Privileges, Revenues and Incomes;
having previously taken the Oath of Fidelity to the King, and provided he
undertakes nothing against the Good of the State and the Service of his
Majesty.
LXXIII.
In the
second place, the Emperor and Empire resign and transfer to the most Christian
King, and his Successors, the Right of direct Lordship and Sovereignty, and all
that has belong’d, or might hitherto belong to him, or the sacred Roman Empire,
upon Pignerol.
LXXIV.
In the
third place the Emperor, as well in his own behalf, as the behalf of the whole
most Serene House of Austria, as also of the Empire, resigns all Rights,
Propertys, Domains, Possessions and Jurisdictions, which have hitherto belong’d
either to him, or the Empire, and the Family of Austria, over the City of
Brisac, the Landgraveship of Upper and Lower Alsatia, Suntgau, and the
Provincial Lordship of ten Imperial Citys situated in Alsatia, viz. Haguenau,
Calmer, Sclestadt, Weisemburg, Landau, Oberenheim, Rosheim, Munster in the
Valley of St. Gregory, Keyerberg, Turingham, and of all the villages, or other
Rights which depend on the said Mayoralty; all and every of them are made over
to the most Christian King, and the Kingdom of France; in the same manner as
the City of Brisac, with the Villages of Hochstet, Niederrimsing, Hartem and
Acharren appertaining to the Commonalty of Brisac, with all the antient
Territory and Dependence; without any prejudice, nevertheless, to the
Priviliges and Libertys granted the said Town formerly by the House of Austria.
LXXV.
Item, The
said Landgraveship of the one, and the other Alsatia, and Suntgau, as also the
Provincial Mayoralty on the ten Citys nominated, and their Dependencys.
LXXVI.
Item, All
the Vassals, Subjects, People, Towns, Boroughs, Castles, Houses, Fortresses,
Woods, Coppices, Gold or Silver Mines, Minerals, Rivers, Brooks, Pastures; and
in a word, all the Rights, Regales and Appurtenances, without any reserve,
shall belong to the most Christian King, and shall be for ever incorporated
with the Kingdom France, with all manner of Jurisdiction and Sovereignty,
without any contradiction from the Emperor, the Empire, House of Austria, or
any other: so that no Emperor, or any Prince of the House of Austria, shall, or
ever ought to usurp, nor so much as pretend any Right and Power over the said
Countrys, as well on this, as the other side the Rhine.
LXXVII.
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.
LXXVIII.
Fourthly,
By the Consent of the Emperor and the whole Empire, the most Christian King and
his Successors shall have perpetual Right to keep a Garison in the Castle of
Philipsburg, but limited to such a number of Soldiers, as may not be capable to
give any Umbrage, or just Suspicion to the Neighbourhood; which Garison shall
be maintain’d at the Expences of the Crown of France. The Passage also shall be
open for the King into the Empire by Water, when, and as often as he shall send
Soldiers, Convoys, and bring necessary things thither.
LXXIX.
Nevertheless
the King shall pretend to nothing more than the Protection and safe Passage of
his Garison into the Castle of Philipsburg: but the Property of the Place, all
Jurisdiction, Possession, all its Profits, Revenues, Purchases, Rights,
Regales, Servitude, People, Subjects, Vassals, and every thing that of old in
the Bishoprick of Spire, and the Churches incorporated therein, had appertain’d
to the Chapter of Spire, or might have appertain’d thereto; shall appertain,
and be intirely and inviolably preserv’d to the same Chapter, saving the Right
of Protection which the King takes upon him.
LXXX.
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.
LXXXI.
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.
LXXXII.
Further
it has been agreed, That besides the Ratification promis’d hereafter in the
next Diet by the Emperor and the States of the Empire, they shall ratify anew
the Alienations of the said Lordships and Rights: insomuch, that if it shou’d
be agreed in the Imperial Capitulation, or if there shou’d be a Proposal made
for the future, in the Diet, to recover the Lands and Rights of the Empire, the
abovenam’d things shall not be comprehended therein, as having been legally
transfer’d to another’s Dominion, with the common Consent of the States, for
the benefit of the publick Tranquillity; for which reason it has been found
expedient the said Seigniorys shou’d be ras’d out of the Matricular-Book of the
Empire.
LXXXIII.
Immediately
after the Restitution of Benfield, the Fortifications of that Place shall be
ras’d, and of the Fort Rhinau, which is hard by, as also of Tabern in Alsatia,
of the Castle of Hohember and of Newburg on the Rhine: and there shall be in
none of those Places any Soldiers or Garison.
LXXXIV.
The
Magistrates and the Inhabitants of the said City of Tabern shall keep an exact
Neutrality, and the King’s Troops shall freely pass thro’ there as often as
desir’d. No Forts shall be erected on the Banks of this side the Rhine, from
Basle to Philipsburg; nor shall any Endeavours be made to divert the Course of
the River, neither on the one side or the other.
LXXXV.
As for
what concerns the Debts wherewith the Chamber of Ensisheim is charg’d, the
Arch-Duke Ferdinand Charles shall undertake with that part of the Province,
which the most Christian King shall restore him, to pay one third without
distinction, whether they be Bonds, or Mortgages; provided they are in
authentick form, and that they have a particular Mortgage, either on the
Provinces to be restor’d, or on them which are to be transfer’d; or if there be
none, provided they be found on the Books of Accounts, agreeing with those of
Receipts of the Chamber of Ensisheim, until the Expiration of the year 1632,
and have been inserted amonst the Debts of the publick Chamber, and the said
Chamber having been oblig’d to pay the Interests: the Arch-Duke making this
Payment, shall keep the King exempt from the same.
LXXXVI.
And as
for those Debts which the Colleges of the States have been charg’d with by the
Princes of the House of Austria, pursuant to particular Agreements made in
their Provincial Assemblys, or such as the said States have contracted in the
name of the Publick, and to which they are liable; a just distribution of the
same shall be made between those who are to transfer their Allegiance to the
King of France, and them that continue under the Obedience of the House of
Austria, that so either Party may know what proportion of the said Debt he is
to pay.
LXXXVII.
The most
Christian King shall restore to the House of Austria, and particularly to the
Arch-Duke Ferdinand Charles, eldest Son to Arch-Duke Leopold, four
Forest-Towns, viz. Rheinselden, Seckingen, Laussenberg and Waltshutum, with all
their Territorys and Bayliwicks, Houses, Villages, Mills, Woods, Forests,
Vassals, Subjects, and all Appurtenances on this, or the other side the Rhine.
LXXXVIII.
Item, The
County of Hawenstein, the Black Forest, the Upper and Lower Brisgaw, and the
Towns situate therein, appertaining of Antient Right to the House of Austria,
viz. Neuburg, Friburg, Edingen, Renzingen, Waldkirch, Willingen, Bruenlingen,
with all their Territorys; as also, the Monasterys, Abbys, Prelacys, Deaconrys,
Knight-Fees, Commanderships, with all their Bayliwicks, Baronys, Castles,
Fortresses, Countys, Barons, Nobles, Vassals, Men, Subjects, Rivers, Brooks,
Forests, Woods, and all the Regales, Rights, Jurisdictions, Fiefs and
Patronages, and all other things belonging to the Sovereign Right of Territory,
and to the Patrimony of the House of Austria, in all that Country.
LXXXIX.
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.
XC.
That all
the Vassals, Subjects, Citizens and Inhabitants, as well on this as the other
side the Rhine, who were subject to the House of Austria, or who depended
immediately on the Empire, or who acknowledg’d for Superiors the other Orders
of the Empire, notwithstanding all Confiscations, Transferrings, Donations made
by any Captains or Generals of the Swedish Troops, or Confederates, since the
taking of the Province, and ratify’d by the most Christian King, or decreed by
his own particular Motion; immediately after the Publication of Peace, shall be
restor’d to the possession of their Goods, immovable and stable, also to their
Farms, Castles, Villages, Lands, and Possessions, without any exception upon
the account of Expences and Compensation of Charges, which the modern
Possessors may alledge, and without Restitution of Movables or Fruits gather’d
in.
XCI.
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.
XCII.
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.
XCIII.
Likewise
the most Christian King, in compensation of the things made over to him, shall
pay the said Archduke Ferdinand Charles three millions of French Livres, in the
next following Years 1649 1650, 1651, on St. John Baptist’s Day, paying yearly
one third of the said Sum at Basle in good Money to the Deputys of the said
Archduke.
XCIV.
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.
XCV.
The most
Christian King shall restore to the said Archduke bona fide, and without delay,
all Papers, Documents of what nature so-ever, belonging to the Lands which are
to be surrender’d to him, even as many as shall be found in the Chancery of the
Government and Chamber of Ensisheim, or of Brisac, or in the Records of
Officers, Towns, and Castles possess’d by his Arms.
XCVI.
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.
XCVII.
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.
XCVIII.
And to
the end that all Differences be extirpated and rooted out between these same
Dukes, his most Christian Majesty shall pay to the said Lord, the Duke of
Mantua, four hundred ninety four thousand Crowns, which the late King of
blessed Memory, Lewis XIII. had promis’d to pay to him on thu Duke of Savoy’s
Discount; who by this means shall together with his Heirs and Successors be
discharg’d from this Obligation, and secur’d from all Demands which might be
made upon him of the said Sum, by the Duke of Mantua, or his Successors; so
that for the future neither the Duke of Savoy, nor his Heirs and Successors,
shall receive any Vexation or Trouble from the Duke of Mantua, his Heirs and
Successors, upon this subject, or under this pretence.
XCIX.
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.
C.
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.
CI.
Item, It
has been agreed, That the Duke of Savoy, his Heirs and Successors, shall no
ways be troubled or call’d to an account by his Imperial Majesty, upon account
of the Right of Sovereignty they have over the Fiefs of Rocheveran, Olme, and
Casoles, and their Appurtenances, which do not in the least depend on the Roman
Empire, and that all Donations and Investitures of the said Fiefs being revok’d
and annul’d, the Duke shall be maintain’d in his Possession as rightful Lord;
and if need be, reinstated: for the same reason his Vassal the Count de Verrue
shall be re-instated in the same Fiefs of Olme and Casoles, and in the
Possession of the fourth part of Rocheveran, and in all his Revenues.
CII.
Item, It
is Agreed, That his Imperial Majesty shall restore to the Counts Clement and
John Sons of Count Charles Cacheran, and to his Grandsons by his Son Octavian,
the whole Fief of la Roche d’Arazy, with its Appurtenances and Dependencys,
without any Obstacle whatever.
CIII.
The
Emperor shall likewise declare, That within the Investiture of the Dutchy of
Mantua are comprehended the Castles of Reygioli and Luzzare, with their
Territorys and Dependencys, the Possession whereof the Duke of Guastalla shall
be oblig’d to render to the Duke of Mantua, reserving to himself nevertheless,
the Right of Six Thousand Crowns annual Pension, which he pretends to, for
which he may sue the Duke before his Imperial Majesty.
CIV.
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.
CV.
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.
CVI.
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.
CVII.
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.
CVIII.
Finally,
That all and every one either States, Commonaltys, or private Men, either
Ecclesiastical or Secular, who by virtue of this Transaction and its general
Articles, or by the express and special Disposition of any of them, are oblig’d
to restore, transfer, give, do, or execute any thing, shall be bound forthwith
after the Publication of the Emperor’s Edicts, and after Notification given, to
restore, transfer, give, do, or execute the same, without any Delay or
Exception, or evading Clause either general or particular, contain’d in the
precedent Amnesty, and without any Exception and Fraud as to what they are
oblig’d unto.
CIX.
That
none, either Officer or Soldier in Garisons, or any other whatsoever, shall
oppose the Execution of the Directors and Governors of the Militia of the
Circles or Commissarys, but they shall rather promote the Execution; and the
said Executors shall be permitted to use Force against such as shall endeavour
to obstruct the Execution in what manner soever.
CX.
Moreover,
all Prisoners on the one side and the other, without any distinction of the
Gown or the Sword, shall be releas’d after the manner it has been covenanted,
or shall be agreed between the Generals of the Armys, with his Imperial
Majesty’s Approbation.
CXI.
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.
CXII.
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.
CXIII.
And that
this Restitution of possess’d Places, as well by his Imperial Majesty as the
most Christian King, and the Allys and Adherents of the one and the other
Party, shall be reciprocally and bona fide executed.
CXIV.
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.
CXV.
That the
Inhabitants of each Place shall be oblig’d, when the Soldiers and Garisons draw
out, to furnish them without Money the necessary Waggons, Horses, Boats and
Provisions, to carry off all things to the appointed Places in the Empire;
which Waggons, Horses and Boats, the Governors of the Garisons and the Captains
of the withdrawing Soldiers shall restore without any Fraud or Deceit. The
Inhabitants of the States shall free and relieve each other of this trouble of
carrying the things from one Territory to the other, until they arrive at the
appointed Place in the Empire; and the Governors or other Officers shall not be
allow’d to bring with him or them the lent Waggons, Horses and Boats, nor any
other thing they are accommodated with, out of the limits they belong unto,
much less out of those of the Empire.
CXVI.
That the
Places which have been restor’d, as, well Maritime as Frontiers, or in the
heart of the Country shall from henceforth and for ever be exempted from all
Garisons, introduc’d during the Wars, and left (without prejudice in other
things to every one’s Right) at the full liberty and disposal of their Masters.
CXVII.
That it
shall not for the future, or at present, prove to the damage and prejudice of
any Town, that has been taken and kept by the one or other Party; but that all
and every one of them, with their Citizens and Inhabitants, shall enjoy as well
the general Benefit of the Amnesty, as the rest of this Pacification. And for
the Remainder of their Rights and Privileges, Ecclesiastical and Secular, which
they enjoy’d before these Troubles, they shall be maintain’d therein; save,
nevertheless the Rights of Sovereignty, and what depends thereon, for the Lords
to whom they belong.
CXVIII.
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.
CXIX.
The
Ambassadors and Plenipotentiarys of the Emperor, of the King, and the States of
the Empire, promise respectively and the one to the other, to cause the
Emperor, the most Christian King, the Electors of the Sacred Roman Empire, the
Princes and States, to agree and ratify the Peace which has been concluded in
this manner, and by general Consent; and so infallibly to order it, that the
solemn Acts of Ratification be presented at Munster, and mutually and in good
form exchang’d in the term of eight weeks, to reckon from the day of signing.
CXX.
For the
greater Firmness of all and every one of these Articles, this present
Transaction shall serve for a perpetual Law and establish’d Sanction of the
Empire, to be inserted like other fundamental Laws and Constitutions of the
Empire in the Acts of the next Diet of the Empire, and the Imperial
Capitulation; binding no less the absent than the present, the Ecclesiasticks
than Seculars, whether they be States of the Empire or not: insomuch as that it
shall be a prescrib’d Rule, perpetually to be follow’d, as well by the Imperial
Counsellors and Officers, as those of other Lords, and all Judges and Officers
of Courts of Justice.
CXXI.
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.
CXXII.
That he
who by his Assistance or Counsel shall contravene this Transaction or Publick
Peace, or shall oppose its Execution and the abovesaid Restitution, or who
shall have endeavour’d, after the Restitution has been lawfully made, and
without exceeding the manner agreed on before, without a lawful Cognizance of
the Cause, and without the ordinary Course of Justice, to molest those that
have been restor’d, whether Ecclesiasticks or Laymen; he shall incur the
Punishment of being an Infringer of the publick Peace, and Sentence given
against him according to the Constitutions of the Empire, so that the
Restitution and Reparation may have its full effect.
CXXIII.
That
nevertheless the concluded Peace shall remain in force, and all Partys in this
Transaction shall be oblig’d to defend and protect all and every Article of
this Peace against any one, without distinction of Religion; and if it happens
any point shall be violated, the Offended shall before all things exhort the
Offender not to come to any Hostility, submitting the Cause to a friendly
Composition, or the ordinary Proceedings of Justice.
CXXIV.
Nevertheless,
if for the space of three years the Difference cannot be terminated by any of
those means, all and every one of those concern’d in this Transaction shall be
oblig’d to join the injur’d Party, and assist him with Counsel and Force to
repel the Injury, being first advertis’d by the injur’d that gentle Means and
Justice prevail’d nothing; but without prejudice, nevertheless, to every one’s
Jurisdiction, and the Administration of Justice conformable to the Laws of each
Prince and State: and it shall not be permitted to any State of the Empire to
pursue his Right by Force and Arms; but if any difference has happen’d or
happens for the future, every one shall try the means of ordinary Justice, and
the Contravener shall be regarded as an Infringer of the Peace. That which has
been determin’d by Sentence of the Judge, shall be put in execution, without
distinction of Condition, as the Laws of the Empire enjoin touching the
Execution of Arrests and Sentences.
CCXXV.
And that
the publick Peace may be so much the better preserv’d intire, the Circles shall
be renew’d; and as soon as any Beginnings of Troubles are perceiv’d, that which
has been concluded in the Constitutions, of the Empire, touching the Execution
and Preservation of the Public Peace, shall be observ’d.
CXXVI.
And as
often as any would march Troops thro’ the other Territorys, this Passage shall
be done at the charge of him whom the Troops belong to, and that without
burdening or doing any harm or damage to those whole Countrys they march thro’.
In a word, all that the Imperial Constitutions determine and ordain touching
the Preservation of the publick Peace, shall be strictly observ’d.
CXXVII.
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.
CXXVIII .
In Testimony
of all and each of these things, and for their greater Validity, the
Ambassadors of their Imperial and most Christian Majestys, and the Deputys, in
the name of all the Electors, Princes, and States of the Empire, sent
particularly for this end (by virtue of what has been concluded the 13th of
October, in the Year hereafter mention’d, and has been deliver’d to the
Ambassador of France the very day of signing under the Seal of the Chancellor
of Mentz) viz. For the Elector of Mayence, Monsieur Nicolas George de
Reigersberg, Knight and Chancellor; for the Elector of Bavaria, Monsieur John
Adolph Krebs, Privy Counsellor; for the Elector of Brandenburg, Monsieur John
Count of Sain and Witgenstein, Lord of Homburg and Vallendar, Privy Counsellor.
In the Name of the House of
Austria, M. George Verie, Count of Wolkenstein, Counsellor of the Emperor’s
Court; M. Corneille Gobelius, Counsellor of the Bishop of Bamberg; M. Sebastian
William Meel, Privy Counsellor to the Bishop of Wirtzburg; M. John Earnest,
Counsellor of the Duke of Bavaria’s Court; M. Wolff Conrad of Thumbshirn, and
Augustus Carpzovius, both Counsellors of the Court of Saxe-Altenburg and
Coburg; M. John Fromhold, Privy Counsellor of the House of Brandenburg-Culmbac,
and Onolzbac; M. Henry Laugenbeck, J.C. to the House of Brunswick-Lunenburg;
James Limpodius, J.C. Counsellor of State to the Branch of Calemburg, and
Vice-Chancellor of Lunenburg. In the Name of the Counts of the Bench of
Wetteraw, M. Matthews Wesembecius, J. D. and Counsellor.
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.
Done,
pass’d and concluded at Munster in Westphalia, the 24th Day of October, 1648.
No comments:
Post a Comment