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


... 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. ...


... 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. ...


... 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. ...


... 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. ...


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


... 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. ...


... 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. ...


... 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. ...


... 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: ...


... 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. ...


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


... 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. ...


... 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. ...


... 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. ...


... 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. ...