Law-ref.org TREATY OF WESTPHALIA
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restoration [Global Index]


... As for what concerns the Castles of Ehrenbreitstein and Homestein, the Emperor shall withdraw, or cause the Garisons to be withdrawn in the time and manner limited hereafter in the Article of Execution, and shall restore those Castles to the Elector of Treves, and to his Metropolitan Chapter, to be in the Protection of the Empire, and the Electorate; for which end the Captain, and the new Garison which shall be put therein by the Elector, shall also take the Oaths of Fidelity to him and his Chapter. ...


... 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. ...


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


... 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. ...


... 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 Rhine. ...


... 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. ...


... 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. ...


... 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. ...


... 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. ...


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


... 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. ...