 |
Law-ref.org | TREATY OF WESTPHALIA |
Site search
Sister sites
virtue [Global Index]
... As for what regards the House of Palatine, the
Emperor and the Empire, for the benefit of the publick Tranquillity, consent,
that by virtue of this present Agreement, there be establish’d an eighth
Electorate; which the Lord Charles Lewis, Count Palatine of the Rhine,
shall enjoy for the future, and his Heirs, and the Descendants of the Rudolphine
Line, pursuant to the Order of Succession, set forth in the Golden Bull;
and that by this Investiture, neither the Lord Charles Lewis, nor his Successors
shall have any Right to that which has been given with the Electoral Dignity
to the Elector of Bavaria, and all the Branch of William. ...
... That Frederick, Marquiss of Baden, and of Hachberg,
and his Sons and Heirs, with all those who have serv’d them in any manner
whatsoever, and who serve them still, of what degree they may be, shall
enjoy the Amnesty above-mention’d, in the second and third Article, with
all its Clauses and Benefices; and by virtue thereof, they shall be fully
re-establish’d in the State Ecclesiastical or Secular, in the same manner
as the Lord George Frederick Marquiss of Beden and of Hachberg, possess’d,
before the beginning of the Troubles of Bohemia, whatever concern’d the
lower Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d the Marquisate of Hachberg, and the Lordships of Rottelen, Badenweiller,
and Sausenberg, notwithstanding, and annulling all the Changes made to
the contrary. After which shall be restor’d to Marquiss Frederick, the
Jurisdictions of Stein and Renchingen, without being charg’d with Debts,
which the Marquiss William has contracted during that time, by Reason of
the Revenues, Interests and Charges, put down in the Transaction pass’d
at Etlingen in the Year 1629. and transfer’d to the said William Marquiss
of Baden, with all the Rights, Documents, Writings, and other things appertaining;
so that all the Plea concerning the Charges and Revenues, as well receiv’d
as to receive, with their Damages and Interests, to reckon from the time
of the first Possession, shall be intirely taken away and abolish’d. ...
... That the Annual Pension of the Lower Marquisate,
payable to the Upper Marquisate, according to former Custom, shall by virtue
of the present Treaty be intirely taken away and annihilated; and that
for the future nothing shall be pretended or demanded on that account,
either for the time past or to come. ...
... As to the Differences arisen between the Houses
of Hesse Cassel, and of Darmstadt, touching the Succession of Marburg;
since they have been adjusted at Cassel, the 14th of April, the preceding
Year, by the mutual Consent of the Interested Partys, it has been thought
good, that that Transaction, with all its Clauses, as concluded and sign’d
at Cassel by both Partys, should be intimated to this Assembly; and that
by virtue of this present Treaty, it shall be of the same force, as if
inserted word by word: and the same shall never be infring’d by the Partys,
nor any other whatsoever, under any pretence, either by Contract, Oath,
or otherways, but ought to be most exactly kept by all, tho perhaps some
of the Partys concern’d may refuse to confirm it. ...
... As also the Transaction between the Deceas’d monsieur
William, Landgrave of Hesse, and Messieurs Christian and Wolrad, Counts
of Waldeck, made the 11th of April, 1635. and ratify’d to Monsieur George,
Landgrave of Hesse, the 14th of April 1648. shall no less obtain a full
and perpetual force by virtue of this Pacification, and shall no less bind
all the Princes of Hesse, and all the Counts of Waldeck. ...
... And to prevent for the future any Differences
arising in the Politick State, all and every one of the Electors, Princes
and
States of the Roman Empire, are so establish’d and confirm’d in their antient
Rights, Prerogatives, Libertys, Privileges, free exercise of Territorial
Right, as well Ecclesiastick, as Politick Lordships, Regales, by virtue
of this present Transaction: that they never can or ought to be molested
therein by any whomsoever upon any manner of pretence. ...
... 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: ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... In Testimony of all and each of these things,
and for their greater Validity, the Ambassadors of their Imperial and most
Christian Majestys, and the Deputys, in the name of all the Electors, Princes,
and States of the Empire, sent particularly for this end (by virtue of
what has been concluded the 13th of October, in the Year hereafter mention’d,
and has been deliver’d to the Ambassador of France the very day of signing
under the Seal of the Chancellor of Mentz) viz. For the Elector of Mayence,
Monsieur Nicolas George de Reigersberg, Knight and Chancellor; for the
Elector of Bavaria, Monsieur John Adolph Krebs, Privy Counsellor; for the
Elector of Brandenburg, Monsieur John Count of Sain and Witgenstein, Lord
of Homburg and Vallendar, Privy Counsellor. ...