Treaty of Westphalia

XLI.

That Sentences pronounc’d during the War about Matters purely Secular, if
the Defect in the Proceedings be not fully manifest, or cannot be
immediately demonstrated, shall not be esteem’d wholly void; but that the
Effect shall be suspended until the Acts of Justice (if one of the Partys
demand the space of six months after the Publication of the Peace, for
the reviewing of his Process) be review’d and weigh’d in a proper Court,
and according to the ordinary or extraordinary Forms us’d in the Empire:
to the end that the former Judgments may be confirm’d, amended, or quite
eras’d, in case of Nullity.

XLII.

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.

XLIII.

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.

XLIV.

But for those who are Subjects and Hereditary Vassals of the Emperor, and
of the House of Austria, they shall really have the benefit of the
Amnesty, as for their Persons, Life, Reputation, Honours: and they may
return with Safety to their former country ; but they shall be oblig’d to
conform, and submit themselves to the Laws of the Realms, or particular
Provinces they shall belong to.

XLV.

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.

XLVI.

As for the rest, Law and Justice shall be administer’d in Bohemia, and in
all the other Hereditary Provinces of the Emperor, without any respect;
as to the Catholicks, so also to the Subjects, Creditors, Heirs, or
private Persons, who shall be of the Confession of Augsburg, if they have
any Pretensions, and enter or prosecute any Actions to obtain Justice.

XLVII.

But from this general Restitution shall be exempted things which cannot
be restor’d, as Things movable and moving, Fruits gather’d, Things
alienated by the Authority of the Chiefs of the Party, Things destroy’d,
ruin’d, and converted to other uses for the publick Security, as publick
and particular Buildings, whether sacred or profane, publick or private
Gages, which have been, by surprize of the Enemys, pillag’d, confiscated,
lawfully sold, or voluntarily bestow’d.

XLVIII.

And as to the Affair of the Succession of Juliers, those concern’d, if a
course be not taken about it, may one day cause great Troubles in the
Empire about it; it has been agreed, That the Peace being concluded it
shall be terminated without any Delay, either by ordinary means before
his Imperial Majesty, or by a friendly Composition, or some other lawful
ways.

XLIX.

And since for the greater Tranquillity of the Empire, in its general
Assemblys of Peace, a certain Agreement has been made between the
Emperor, Princes and States .of the Empire, which has been inserted in
the Instrument and Treaty of Peace, concluded with the Plenipotentiarys
of the Queen and Crown of Swedeland, touching the Differences about
Ecclesiastical Lands, and the Liberty of the Exercise of Religion; it has
been found expedient to confirm,and ratify it by this present Treaty, in
the same manner as the abovesaid Agreement has been made with the said
Crown of Swedeland; also with those call’d the Reformed, in the same
manner, as if the words of the abovesaid Instrument were reported here
verbatim.

L.

Touching the Affair of Hesse Cassel, it has been agreed as follows:
In the first place, The House of Hesse Cassel, and all its Princes,
chiefly Madam Emelie Elizabeth Landgravine of Hesse, and her Son Monsieur
William and his Heirs, his Ministers, Officers, Vassals, Subjects,
Soldiers, and others who follow his Service in any manner soever, without
any Exception, notwithstanding Contracts to the contrary, Processes,
Proscriptions, Declarations, Sentences, Executions and Transactions; as
also notwithstanding any Actions and Pretensions for Damages and Injuries
as well from Neutrals, as from those who were in Arms, annull’d by the
General Amnesty here before establish’d, and to take place from the
beginning of the War in Bohemia, with a full Restitution (except the
Vassals, and Hereditary Subjects of his Imperial Majesty, and the House
of Austria, as is laid down in the Paragraph, Tandemomnes, &c.) shall
partake of all the Advantages redounding from this Peace, with the same
Rights other States enjoy, as is set forth in the Article which
commences, Unanimi, &c.

LI.

In the second place, the House of Hesse Cassel, and its Successors, shall
retain, and for this purpose shall demand at any time, and when it shall
be expir’d, the Investiture of his Imperial Majesty, and shall take the
Oath of Fidelity for the Abby of Hitsfield, with all its Dependencys, as
well Secular as Ecclesiastical, situated within or without his Territorys
(as the Deanery of Gellingen) saving nevertheless the Rights possess’d by
the House of Saxony, time out of mind.

LII.

In the third place, the Right of a direct Signiory over the Jurisdictions
and Bayliwick of Schaumburg, Buckenburg, Saxenhagen, and Stattenhagen,
given heretofore and adjudged to the Bishoprick of Mindau, shall for the
future belong unto Monsieur William, the present Landgrave of Hesse, and
his Successors in full Possession, and for ever, so as that the said
Bishop, and no other shall be capable of molesting him; saving
nevertheless the Agreement made between Christian Lewis, Duke of
Brunswick and Lunenburg, and the Landgravine of Hesse, and Philip Count
of Lippe, as also the Agreement made between the said Landgravine, and
the said Count.

Author: international

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