Law-ref.org TREATY OF WESTPHALIA
Site search

constitute [Global Index]


... 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. ...


... 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. ...


... 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. ...


... That as well as general as particular Diets, the free Towns, and other States of the Empire, shall have decisive Votes; they shall, without molestation, keep their Regales, Customs, annual Revenues, Libertys, Privileges to confiscate, to raise Taxes, and other Rights, lawfully obtain’d from the Emperor and Empire, or enjoy’d long before these Commotions, with a full Jurisdiction within the inclosure of their Walls, and their Territorys: making void at the same time, annulling and for the future prohibiting all Things, which by Reprisals, Arrests, stopping of Passages, and other prejudicial Acts, either during the War, under what pretext soever they have been done and attempted hitherto by private Authority, or may hereafter without any preceding formality of Right be enterpris’d. As for the rest, all laudable Customs of the sacred Roman Empire, the fundamental Constitutions and Laws, shall for the future be strictly observ’d, all the Confusions which time of War have, or could introduce, being remov’d and laid aside. ...


... As for the finding out of equitable and expedient means, whereby the Prosecution of Actions against Debtors, ruin’d by the Calamitys of the War, or charg’d with too great Interests, and whereby these Matters may be terminated with moderation, to obviate greater inconveniences which might arise, and to provide for the publick Tranquillity; His Imperial Majesty shall take care to hearken as well to the Advices of his Privy Council, as of the Imperial Chamber, and the States which are to be assembled, to the end that certain firm and invariable Constitutions may be made about this Matter And in the mean time the alledg’d Reasons and Circumstances of the Partys shall be well weigh’d in Cases brought before the Sovereign Courts of the Empire, or Subordinate ones of States and no body shall be oppress’d by immoderate Executions; and ail this without prejudice to the Constitution of Holstein. ...
... 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. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...