Treaty of Westphalia

LIII.

It has been further agreed, That for the Restitution of Places possess’d
during this War, and for the Indemnity of Madam, the Landgravine of
Hesse, who is the Guardian, the Sum of Six Hundred Thousand Rixdollars
shall be given to her and her Son, or his Successors Princes of Hesse, to
be had from the Archbishopricks of Mayence and Cologne, from the
Bishopricks of Paderborn and Munster, and the Abby of Fulden; which Sum
shall be paid at Cassel in the term of eight Months, to reckon from the
Day of the Ratification of the Peace, at the peril and charge of the
Solvent: and no Exception shall be used to evade this promis’d Payment,
on any Pretence; much less shall any Seizure be made of the Sum agreed
on.

LIV.

And to the end that Madam, the Landgravine, may be so much the more
assur’d of the Payment, she shall retain on the Conditions following,
Nuys, Cuesfeldt, and Newhaus, and shall keep Garisons in those Places
which shall depend on her alone; but with this Limitation, That besides
the Officers and other necessary Persons in the Garisons, those of the
three above-nam’d Places shall not exceed the number of Twelve Hundred
Foot, and a Hundred Horse; leaving to Madam, the Landgravine, the
Disposition of the number of Horse and Foot she shall be pleas’d to put
in each of these Places, and whom she will constitute Governor.

LV.

The Garisons shall be maintain’d according to the Order, which has been
hitherto usually practis’d, for the Maintenance of the Hessian Soldiers
and Officers; and the things necessary for the keeping of the Forts shall
be furnish’d by the Arch-bishopricks and Bishopricks, in which the said
Fortresses are situated, without any Diminution of the Sum
above-mention’d. It shall be allow’d the Garisons, to exact the Money of
those who shall retard Payment too long, or who shall be refractory, but
not any more than what is due. The Rights of Superiority and
Jurisdiction, as well Ecclesiastical as Secular, and the Revenues of the
said Castles and Towns, shall remain in the Arch-bishop of Cologne.

LVI.

As soon as after the Ratification of Peace, Three Hundred Thousand
Rixdollars shall be paid to Madam, the Landgravine, she shall give up
Nuys, and shall only retain Cuesfeldt and Newhaus; but yet so as that the
Garison of Nuys shall not be thrown into the other two Places, nor
nothing demanded on that account; and the Garisons of Cuesfeldt shall not
exceed the Number of Six Hundred Foot and Fifty Horse. That if within the
term of nine Months, the whole Sum be not paid to Madam the Landgravine,
not only Cuesfeldt and Newhaus shall remain in her Hands till the full
Payment, but also for the remainder, she shall be paid Interest at Five
per Cent. and the Treasurers and Collectors of the Bayliwicks
appertaining to the abovesaid Arch-bishopricks, Bishopricks and Abby,
bordering on the Principality of Hesse, shall oblige themselves by Oath
to Madam the Landgravine, that out of the annual Revenues, they shall
yearly pay the Interest of the remaining Sum notwithstanding the
Prohibitions of their Masters. If the Treasurers and Collectors delay the
Payment, or alienate the Revenues, Madam the Landgravine shall have
liberty to constrain them to pay, by all sorts of means, always saving
the Right of the Lord Proprietor of the Territory.

LVII.

But as soon as Madam the Landgravine has receiv’d the full Sum, with all
the Interest, she shall surrender the said Places which she retain’d for
her Security; the Payments shall cease, and the Treasurers and
Collectors, of which mention has been made, shall be freed, from their
Oath: As for the Bayliwicks, the Revenues of which shall be assign’d for
the Payment of the Sum, that shall be adjusted before the Ratification of
the Peace; and that Convention shall be of no less Force than this
present Treaty of Peace.

LVIII.

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.

LIX.

And tho Madam the Landgravine has only demanded Restitution and
Reparation of the Arch-bishopricks of Mayence, Cologne, Paderborn,
Munster, and the Abby of Fulden; and has not insisted that any besides
should contribute any thing for this Purpose: nevertheless the Assembly
have thought fit, according to the Equity and Circumstances of Affairs,
that without prejudice to the Contents of the preceding Paragraph, which
begins, Conventum praterea est, &c. IT HAS BEEN FURTHER AGREED, the other
States also on this and the other side the Rhine, and who since the first
of March of this present Year, have paid Contributions to the Hessians,
shall bear their Proportion pro Rata of their preceding Contributions, to
make up the said Sum with the Arch-bishopricks, Bishopricks and Abby
above-named, and forward the Payments of the Garisons of the Cautionary
Towns. If any has suffer’d Damage by the delay of others, who are to pay
their share, the Officers or Soldiers of his Imperial Majesty, of the
most Christian King, and of the Landgravine of Hesse, shall not hinder
the forcing of those who have been tardy; and the Hessian Soldiers shall
not pretend to except any from this Constraint, to the prejudice of this
Declaration, but those who have duly paid their Proportion, shall thereby
be freed from all Charges.

LX.

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.

LXI.

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.

LXII.

That the Birth-right introduc’d in the House of Hesse Cassel, and in that
of Darmstadt, and confirm’d by His Imperial Majesty, shall continue and
be kept firm and inviolable.

XIII.

And as His Imperial Majesty, upon Complaints made in the name of the City
of Basle, and of all Switzerland, in the presence of their
Plenipotentiarys deputed to the present Assembly, touching some
Procedures and Executions proceeding from the Imperial Chamber against
the said City, and the other united Cantons of the Swiss country , and
their Citizens and Subjects having demanded the Advice of the States of
the Empire and their Council; these have, by a Decree of the 14th of May
of the last Year, declared the said City of Basle, and the other
Swiss-Cantons, to be as it were in possession of their full Liberty and
Exemption of the Empire; so that they are no ways subject to the
Judicatures, or Judgments of the Empire, and it was thought convenient to
insert the same in this Treaty of Peace, and confirm it, and thereby to
make void and annul all such Procedures and Arrests given on this Account
in what form soever.

Author: international

Mentioned in these Entries

Treaty of Westphalia, country.