Treaty of Westphalia 3

Treaty of Westphalia

 

CII.

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.

CIII.

The Emperor shall likewise declare, That within the Investiture of the
Dutchy of Mantua are comprehended the Castles of Reygioli and Luzzare,
with their Territorys and Dependencys, the Possession whereof the Duke of
Guastalla shall be oblig’d to render to the Duke of Mantua, reserving to
himself nevertheless, the Right of Six Thousand Crowns annual Pension,
which he pretends to, for which he may sue the Duke before his Imperial
Majesty.

CIV.

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.

CV.

The Plenipotentiarys on all sides shall agree among themselves, between
the Conclusion and the Ratification of the Peace, upon the Ways, Time,
and Securitys which are to be taken for the Restitution of Places, and
for the Disbanding of Troops; of that both Partys may be assur’d, that
all things agreed to shall be sincerely accomplish’d.

CVI.

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.

CVII.

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.

CVIII.

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.

CIX.

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.

CX.

Moreover, all Prisoners on the one side and the other, without any
distinction of the Gown or the Sword, shall be releas’d after the manner
it has been covenanted, or shall be agreed between the Generals of the
Armys, with his Imperial Majesty’s Approbation.

CXI.

The Restitution being made pursuant to the Articles of Amnesty and
Grievances, the Prisoners being releas’d, all the Soldiery of the
Garisons, as well the Emperor’s and his Allys, as the most Christian
King’s, and of the Landgrave of Hesse, and their Allys and Adherents, or
by whom they may have been put in, shall be drawn out at the same time,
without any Damage, Exception, or Delay, of the Citys of the Empire, and
all other Places which are to be restor’d.

CXII.

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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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