Treaty of Westphalia

LXIV.

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.

LXV.

They shall enjoy without contradiction, the Right of Suffrage in all
Deliberations touching the Affairs of the Empire; but above all, when the
Business in hand shall be the making or interpreting of Laws, the
declaring of Wars, imposing of Taxes, levying or quartering of Soldiers,
erecting new Fortifications in the Territorys of the States, or
reinforcing the old Garisons; as also when a Peace of Alliance is to be
concluded, and treated about, or the like, none of these, or the like
things shall be acted for the future, without the Suffrage and Consent of
the Free Assembly of all the States of the Empire: Above all, it shall be
free perpetually to each of the States of the Empire, to make Alliances
with Strangers for their Preservation and Safety; provided, nevertheless,
such Alliances be not against the Emperor, and the Empire, nor against
the Publick Peace, and this Treaty, and without prejudice to the Oath by
which every one is bound to the Emperor and the Empire.

LXVI.

That the Diets of the Empire shall be held within six Months after the
Ratification of the Peace; and after that time as often as the Publick
Utility, or Necessity requires. That in the first Diet the Defects of
precedent Assemblys be chiefly remedy’d; and that then also be treated
and settled by common Consent of the States, the Form and Election of the
Kings of the Romans, by a Form, and certain Imperial Resolution; the
Manner and Order which is to be observ’d for declaring one or more
States, to be within the Territorys of the Empire, besides the Manner
otherways describ’d in the Constitutions of the Empire; that they
consider also of re-establishing the Circles, the renewing the
Matricular-Book, the re-establishing suppress’d States, the moderating
and lessening the Collects of the Empire, Reformation of Justice and
Policy, the taxing of Fees in the Chamber of Justice, the Due and
requisite instructing of ordinary Deputys for the Advantage of the
Publick, the true Office of Directors in the Colleges of the Empire, and
such other Business as could not be here expedited.

LXVII.

That as well as general as particular Diets, the free Towns, and other
States of the Empire, shall have decisive Votes; they shall, without
molestation, keep their Regales, Customs, annual Revenues, Libertys,
Privileges to confiscate, to raise Taxes, and other Rights, lawfully
obtain’d from the Emperor and Empire, or enjoy’d long before these
Commotions, with a full Jurisdiction within the inclosure of their Walls,
and their Territorys: making void at the same time, annulling and for the
future prohibiting all Things, which by Reprisals, Arrests, stopping of
Passages, and other prejudicial Acts, either during the War, under what
pretext soever they have been done and attempted hitherto by private
Authority, or may hereafter without any preceding formality of Right be
enterpris’d. As for the rest, all laudable Customs of the sacred Roman
Empire, the fundamental Constitutions and Laws, shall for the future be
strictly observ’d, all the Confusions which time of War have, or could
introduce, being remov’d and laid aside.

LXVIII.

As for the finding out of equitable and expedient means, whereby the
Prosecution of Actions against Debtors, ruin’d by the Calamitys of the
War, or charg’d with too great Interests, and whereby these Matters may
be terminated with moderation, to obviate greater inconveniences which
might arise, and to provide for the publick Tranquillity; His Imperial
Majesty shall take care to hearken as well to the Advices of his Privy
Council, as of the Imperial Chamber, and the States which are to be
assembled, to the end that certain firm and invariable Constitutions may
be made about this Matter And in the mean time the alledg’d Reasons and
Circumstances of the Partys shall be well weigh’d in Cases brought before
the Sovereign Courts of the Empire, or Subordinate ones of States and no
body shall be oppress’d by immoderate Executions; and ail this without
prejudice to the Constitution of Holstein.

LXIX.

And since it much concerns the Publick, that upon the Conclusion of the
Peace, Commerce be re-establish’d, for that end it has been agreed, that
the Tolls, Customs, as also the Abuses of the Bull of Brabant, and the
Reprisals and Arrests, which proceeded from thence, together with foreign
Certifications, Exactions, Detensions; Item, The immoderate Expences and
Charges of Posts, and other Obstacles to Commerce and Navigation
introduc’d to its Prejudice, contrary to the Publick Benefit here and
there, in the Empire on occasion of the War, and of late by a private
Authority against its Rights and Privileges, without the Emperor’s and
Princes of the Empire’s consent, shall be fully remov’d; and the antient
Security, Jurisdiction and Custom, such as have been long before these
Wars in use, shall be re-establish’d and inviolably maintain’d in the
Provinces, Ports and Rivers.

LXX.

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:

Author: international

Mentioned in these Entries

Constitutions, Treaty of Westphalia.