Treaty of Westphalia 4

Treaty of Westphalia

 

CXIII.

And that this Restitution of possess’d Places, as well by his Imperial
Majesty as the most Christian King, and the Allys and Adherents of the
one and the other Party, shall be reciprocally and bona fide executed.

CXIV.

That the Records, Writings and Documents, and other Moveables, be also
restor’d; as likewise the Cannon found at the taking of the Places, and
which are still in being. But they shall be allow’d to carry off with
them, and cause to be carry’d off, such as have been brought thither from
other parts after the taking of the Places, or have been taken in
Battels, with all the Carriages of War, and what belongs thereunto.

CXV.

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.

CXVI.

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.

CXVII.

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.

CXVIII.

Finally, that the Troops and Armys of all those who are making War in the
Empire, shall be disbanded and discharg’d; only each Party shall send to
and keep up as many Men in his own Dominion, as he shall judge necessary
for his Security.

CXIX.

The Ambassadors and Plenipotentiarys of the Emperor, of the King, and the
States of the Empire, promise respectively and the one to the other, to
cause the Emperor, the most Christian King, the Electors of the Sacred
Roman Empire, the Princes and States, to agree and ratify the Peace which
has been concluded in this manner, and by general Consent; and so
infallibly to order it, that the solemn Acts of Ratification be presented
at Munster, and mutually and in good form exchang’d in the term of eight
weeks, to reckon from the day of signing.

CXX.

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.

CXXI.

That it never shall be alledg’d, allow’d, or admitted, that any Canonical
or Civil Law, any general or particular Decrees of Councils, any
Privileges, any Indulgences, any Edicts, any Commissions, Inhibitions,
Mandates, Decrees, Rescripts, Suspensions of Law, Judgments pronounc’d at
any time, Adjudications, Capitulations of the Emperor, and other Rules
and Exceptions of Religious Orders, past or future Protestations,
Contradictions, Appeals, Investitures, Transactions, Oaths,
Renunciations, Contracts, and much less the Edict of 1629. or the
Transaction of Prague, with its Appendixes, or the Concordates with the
Popes, or the Interims of the Year 1548. or any other politick Statutes,
or Ecclesiastical Decrees, Dispensations, Absolutions, or any other
Exceptions, under what pretence or colour they can be invented; shall
take place against this Convention, or any of its Clauses and Articles
neither shall any inhibitory or other Processes or Commissions be ever
allow’d to the Plaintiff or Defendant.

CXXII.

That he who by his Assistance or Counsel shall contravene this
Transaction or Publick Peace, or shall oppose its Execution and the
abovesaid Restitution, or who shall have endeavour’d, after the
Restitution has been lawfully made, and without exceeding the manner
agreed on before, without a lawful Cognizance of the Cause, and without
the ordinary Course of Justice, to molest those that have been restor’d,
whether Ecclesiasticks or Laymen; he shall incur the Punishment of being
an Infringer of the publick Peace, and Sentence given against him
according to the Constitutions of the Empire, so that the Restitution and
Reparation may have its full effect.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Constitutions, Treaty of Westphalia, country.


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