Law-ref.org TREATY OF WESTPHALIA
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... 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. ...


... 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. ...


... 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 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. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...
... 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. ...