Treaty of Westphalia

LXXXI.

For the greater Validity of the said Cessions and Alienations, the
Emperor and Empire, by virtue of this present Treaty, abolish all and
every one of the Decrees, Constitutions , Statutes and Customs of their
Predecessors, Emperors of the sacred Roman Empire, tho they have been
confirm’d by Oath, or shall be confirm’d for the future; particularly
this Article of the Imperial Capitulation, by which all or any Alienation
of the Appurtenances and Rights of the Empire is prohibited: and by the
same means they exclude for ever all Exceptions hereunto, on what Right
and Titles soever they may be grounded.

LXXXII.

Further it has been agreed, That besides the Ratification promis’d
hereafter in the next Diet by the Emperor and the States of the Empire,
they shall ratify anew the Alienations of the said Lordships and Rights:
insomuch, that if it shou’d be agreed in the Imperial Capitulation, or if
there shou’d be a Proposal made for the future, in the Diet, to recover
the Lands and Rights of the Empire, the abovenam’d things shall not be
comprehended therein, as having been legally transfer’d to another’s
Dominion, with the common Consent of the States, for the benefit of the
publick Tranquillity; for which reason it has been found expedient the
said Seigniorys shou’d be ras’d out of the Matricular-Book of the Empire.

LXXXIII.

Immediately after the Restitution of Benfield, the Fortifications of that
Place shall be ras’d, and of the Fort Rhinau, which is hard by, as also
of Tabern in Alsatia, of the Castle of Hohember and of Newburg on the
Rhine: and there shall be in none of those Places any Soldiers or
Garison.

LXXXIV.

The Magistrates and the Inhabitants of the said City of Tabern shall keep
an exact Neutrality, and the King’s Troops shall freely pass thro’ there
as often as desir’d. No Forts shall be erected on the Banks of this side
the Rhine, from Basle to Philipsburg; nor shall any Endeavours be made to
divert the Course of the River, neither on the one side or the other.

LXXXV.

As for what concerns the Debts wherewith the Chamber of Ensisheim is
charg’d, the Arch-Duke Ferdinand Charles shall undertake with that part
of the Province, which the most Christian King shall restore him, to pay
one third without distinction, whether they be Bonds, or Mortgages;
provided they are in authentick form, and that they have a particular
Mortgage, either on the Provinces to be restor’d, or on them which are to
be transfer’d; or if there be none, provided they be found on the Books
of Accounts, agreeing with those of Receipts of the Chamber of Ensisheim,
until the Expiration of the year 1632, and have been inserted amonst the
Debts of the publick Chamber, and the said Chamber having been oblig’d to
pay the Interests: the Arch-Duke making this Payment, shall keep the King
exempt from the same.

LXXXVI.

And as for those Debts which the Colleges of the States have been charg’d
with by the Princes of the House of Austria, pursuant to particular
Agreements made in their Provincial Assemblys, or such as the said States
have contracted in the name of the Publick, and to which they are liable;
a just distribution of the same shall be made between those who are to
transfer their Allegiance to the King of France, and them that continue
under the Obedience of the House of Austria, that so either Party may
know what proportion of the said Debt he is to pay.

LXXXVII.

The most Christian King shall restore to the House of Austria, and
particularly to the Arch-Duke Ferdinand Charles, eldest Son to Arch-Duke
Leopold, four Forest-Towns, viz. Rheinselden, Seckingen, Laussenberg and
Waltshutum, with all their Territorys and Bayliwicks, Houses, Villages,
Mills, Woods, Forests, Vassals, Subjects, and all Appurtenances on this,
or the other side the Rhine.

LXXXVIII.

Item, The County of Hawenstein, the Black Forest, the Upper and Lower
Brisgaw, and the Towns situate therein, appertaining of Antient Right to
the House of Austria, viz. Neuburg, Friburg, Edingen, Renzingen,
Waldkirch, Willingen, Bruenlingen, with all their Territorys; as also,
the Monasterys, Abbys, Prelacys, Deaconrys, Knight-Fees, Commanderships,
with all their Bayliwicks, Baronys, Castles, Fortresses, Countys, Barons,
Nobles, Vassals, Men, Subjects, Rivers, Brooks, Forests, Woods, and all
the Regales, Rights, Jurisdictions, Fiefs and Patronages, and all other
things belonging to the Sovereign Right of Territory, and to the
Patrimony of the House of Austria, in all that country .

LXXXIX.

All Ortnaw, with the Imperial Citys of Ossenburg, Gengenbach, Cellaham
and Harmospach, forasmuch as the said Lordships depend – on that of
Ortnaw, so that no King of France can or ought ever to ; pretend to or
usurp any Right or Power over the said Countrys situated on this and the
other side the Rhine: nevertheless, in such a manner, that by this
present Restitution, the Princes of Austria shall acquire no new Right;
that for the future, the Commerce and Transportation shall be free to the
Inhabitants on both sides of the Rhine, and the adjacent Provinces. Above
all, the Navigation of the Rhine be free, and none of the partys shall be
permitted to hinder Boats going up or coming down, detain, stop, or
molest them under any pretence whatsoever, except the Inspection and
Search which is usually done to Merchandizes: And it shall not be
permitted to impose upon the Rhine new and unwonted Tolls, Customs,
Taxes, Imposts, and other like Exactions; but the one and the other Party
shall contented with the Tributes, Dutys and Tolls that were paid before
these Wars, under the Government of the Princes of Austria.

Author: international

Mentioned in these Entries

Constitutions, Treaty of Westphalia, country.