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Peace of
Westphalia Münster,
24 October 1648 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 |
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Irina
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and Salines, with his Allies and Adherents on one side;
And the most Serene, and the most Puissant Prince, Louis 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, And the most Serene and most Puissant Prince and Lord,
Louis the Fourteenth, most Christian King of 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 Republic of
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 After having implor'd the Divine Assistance, and receiv'd
a reciprocal Communication of Letters, Commissions, and full Powers, the
Copies of which are inserted at the end of this Treaty, in the presence and
with the consent of the Electors of the Sacred 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 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 Securities, 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 V That the Controversy touching Loraine shall be refer'd to
Arbitrators nominated by both sides, or it shall be terminated by a Treaty
between VI According to this foundation of reciprocal Amity, and a
general Amnesty, all and every one of the Electors of the sacred 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. I XSince the Arrest the Emperor has formerly caus'd to be
made in the Provincial Assembly, against the moveable Effects of the Prince
Elector of
XAs 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 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 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 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 XV Secondly, that all the 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 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 Territories of the XVIII That if it should happen that the Male Branch of William
should be entirely extinct, and the Palatine Branch still subsist, not only
the XI XThat 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. XXMoreover, if any Fiefs in Juliers shall be found open by lawful Proces , 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 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 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 XXVI ably leave the Free Nobility of the Empire, which are
in Franconia, Swabia, and all along the 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 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 XXI XThat 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.
XXXThat the Dispute depending between the Bishops of 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 reestablish'd in all their Domains in XXXIV That Frederick, Marquiss of 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 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 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. XXXI XThat the Debts either by Purchase, 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 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 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. XLI XAnd 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 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 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 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 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. 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 Archbishopricks 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 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. LI XAnd tho Madam the Landgravine has only demanded
Restitution and Reparation of the Arch-bishopricks of Mayence, L XAs to the Differences arisen between the Houses of Hesse
Cassel, and of 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 LXII That the Birth-right introduc'd in the House of Hesse
Cassel, and in that of LXIII And as His Imperial Majesty, upon Complaints made in the
name of the City of Basle, and of all LXIV And to prevent for the future any Differences arising in
the 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 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 LXI XAnd 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. L XXThe 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 LXXI First, That the chief Dominion, Right of Sovereignty, and
all other Rights upon the Bishopricks of 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 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 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 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 LXXI XNevertheless the King shall pretend to nothing more than
the Protection and safe Passage of his Garison into the L XXXThe 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 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 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 LXXXIV The Magistrates and the Inhabitants of the said City of 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 LXXXVIII Item, The County of Hawenstein, the LXXXI XAll 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 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 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 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
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 XCI XWho 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 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 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. CI XThat 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. C XMoreover, 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 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. CXI XThe 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 | |
