Treaty of Westphalia

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.

Author: international

Mentioned in these Entries

Treaty of Westphalia.