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... If the Possessors of Estates, which are to be
restor’d, think they have lawful Exceptions, yet it shall not hinder the
Restitution; which done, their Reasons and Exceptions may be examin’d before
competent Judges, who are to determine the same. ...
... If the Possessors of Estates, which are to be
restor’d, think they have lawful Exceptions, yet it shall not hinder the
Restitution; which done, their Reasons and Exceptions may be examin’d before
competent Judges, who are to determine the same. ...
... That for the future, the Precedency and Session,
in the States and Circle of Swabia, or other General or Particular Assemblys
of the Empire, and any others whatsoever, shall be alternative in the two
Branches of Baden; viz. in that of the Upper, and that of the Lower Marquisate
of Baden: but nevertheless this Precedency shall remain in the Marquiss
Frederick during his Life. It has been agreed, touching the Barony of Hohengerolt
Zegk that if Madam, the Princess of Baden, verifies the Rights of her Pretension
upon the said Barony by authentick Documents, Restitution shall be made
her, according to the Rights and Contents of the said Documents, as soon
as Sentence shall be pronounc’d. That the Cognizance of this Cause shall
be terminated within two Years after the Publication of the Peace: And
lastly, no Actions, Transaction, or Exceptions, either general or particular,
nor Clauses comprehended in this Treaty of Peace, and whereby they would
derogate from the Vigour of this Article, shall be at any time alledg’d
by any of the Partys against this special Agreement. The Paragraphs, the
Duke of Croy, &c. As for the Controversy of Naussau-Siegen, &c.
To the Counts of Naussau, Sarrepont, &c. The House of Hanau, &c.
John Albert Count of Solms, &c. as also, Shall be re-establish’d the
House of Solms, Hohensolms, &c. The Counts of Isemburg, &c. The
Rhinegraves, &c. The Widow of Count Ernest of Sainen, &c. The Castle
and the County of Flackenstein, &c. Let also the House of Waldeck be
re-establish’d, &c. Joachim Ernest Count of Ottingen, &c. Item,
The House of Hohenlo, &c. Frederick Lewis, &c. The Widow and Heirs
of the Count of Brandenstein, &c. The Baron Paul Kevenhuller, &c.
shall be understood to be inserted in this place word by word, as they
are put down in the Instruor Treaty between the Empire and Swedeland. ...
... That the Debts either by Purchase, Sale, Revenues,
or by what other name they may be call’d, if they have been violently extorted
by one of the Partys in War, and if the Debtors alledge and offer to prove
there has been a real Payment, they shall be no more prosecuted, before
these Exceptions be first adjusted. That the Debtors shall be oblig’d to
produce their Exceptions within the term of two years after the Publication
of the Peace, upon pain of being afterwards condemn’d to perpetual Silence. ...
... That the Debts either by Purchase, Sale, Revenues,
or by what other name they may be call’d, if they have been violently extorted
by one of the Partys in War, and if the Debtors alledge and offer to prove
there has been a real Payment, they shall be no more prosecuted, before
these Exceptions be first adjusted. That the Debtors shall be oblig’d to
produce their Exceptions within the term of two years after the Publication
of the Peace, upon pain of being afterwards condemn’d to perpetual Silence. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... That all the Vassals, Subjects, Citizens and Inhabitants,
as well on this as the other side the Rhine, who were subject to the House
of Austria, or who depended immediately on the Empire, or who acknowledg’d
for Superiors the other Orders of the Empire, notwithstanding all Confiscations,
Transferrings, Donations made by any Captains or Generals of the Swedish
Troops, or Confederates, since the taking of the Province, and ratify’d
by the most Christian King, or decreed by his own particular Motion; immediately
after the Publication of Peace, shall be restor’d to the possession of
their Goods, immovable and stable, also to their Farms, Castles, Villages,
Lands, and Possessions, without any exception upon the account of Expences
and Compensation of Charges, which the modern Possessors may alledge, and
without Restitution of Movables or Fruits gather’d in. ...
... If any of those who are to have something restor’d
to them, suppose that the Emperor’s Commissarys are necessary to be present
at the Execution of some Restitution (which is left to their Choice) they
shall have them. In which case, that the effect of the things agreed on
may be the less hinder’d, it shall be permitted as well to those who restore,
as to those to whom Restitution is to be made, to nominate two or three
Commissarys immediately after the signing of the Peace, of whom his Imperial
Majesty shall chuse two, one of each Religion, and one of each Party, whom
he shall injoin to accomplish without delay all that which ought to be
done by virtue of this present Treaty. If the Restorers have neglected
to nominate Commissioners, his Imperial Majesty shall chuse one or two
as he shall think fit (observing, nevertheless, in all cases the difference
of Religion, that an equal number be put on each side) from among those
whom the Party, to which somewhat is to be restor’d, shall have nominated,
to whom he shall commit the Commission of executing it, notwithstanding
all Exceptions made to the contrary; and for those who pretend to Restitutions,
they are to intimate to the Restorers the Tenour of these Articles immediately
after the Conclusion of the Peace. ...
... Finally, That all and every one either States,
Commonaltys, or private Men, either Ecclesiastical or Secular, who by virtue
of this Transaction and its general Articles, or by the express and special
Disposition of any of them, are oblig’d to restore, transfer, give, do,
or execute any thing, shall be bound forthwith after the Publication of
the Emperor’s Edicts, and after Notification given, to restore, transfer,
give, do, or execute the same, without any Delay or Exception, or evading
Clause either general or particular, contain’d in the precedent Amnesty,
and without any Exception and Fraud as to what they are oblig’d unto. ...
... Finally, That all and every one either States,
Commonaltys, or private Men, either Ecclesiastical or Secular, who by virtue
of this Transaction and its general Articles, or by the express and special
Disposition of any of them, are oblig’d to restore, transfer, give, do,
or execute any thing, shall be bound forthwith after the Publication of
the Emperor’s Edicts, and after Notification given, to restore, transfer,
give, do, or execute the same, without any Delay or Exception, or evading
Clause either general or particular, contain’d in the precedent Amnesty,
and without any Exception and Fraud as to what they are oblig’d unto. ...
... The Restitution being made pursuant to the Articles
of Amnesty and Grievances, the Prisoners being releas’d, all the Soldiery
of the Garisons, as well the Emperor’s and his Allys, as the most Christian
King’s, and of the Landgrave of Hesse, and their Allys and Adherents, or
by whom they may have been put in, shall be drawn out at the same time,
without any Damage, Exception, or Delay, of the Citys of the Empire, and
all other Places which are to be restor’d. ...
... That the very Places, Citys, Towns, Boroughs,
Villages, Castles, Fortresses and Forts which have been possess’d and retain’d,
as well in the Kingdom of Bohemia, and other Countrys of the Empire and
Hereditary Dominions of the House of Austria, as in the other Circles of
the Empire, by one or the other Army, or have been surrender’d by Composition;
shall be restor’d without delay to their former and lawful Possessors and
Lords, whether they be mediately or immediately States of the Empire, Ecclesiastical
or Secular, comprehending therein also the free Nobility of the Empire:
and they shall be left at their own free disposal, either according to
Right and Custom, or according to the Force this present Treaty ought to
have, notwithstanding all Donations, Infeoffments, Concessions (except
they have been made by the free-will of some State) Bonds for redeeming
of Prisoners, or to prevent Burnings and Pillages, or such other like Titles
acquir’d to the prejudice of the former and lawful Masters and Possessors.
Let also all Contracts and Bargains, and all Exceptions contrary to the
said Restitution cease, all which are to be esteem’d void; saving nevertheless
such things as have been otherwise agreed on in the precedent Articles
touching the Satisfaction to made to his most Christian Majesty, as also
some Concessions and equivalent Compensations granted to the Electors and
Princes of the Empire. That neither the Mention of the Catholick King,
nor Quality of the Duke of Lorain given to Duke Charles in the Treaty between
the Emperor and Swedeland, and much less the Title of Landgrave of Alsace,
given to the Emperor, shall be any prejudice to the most Christian King.
That also which has been agreed touching the Satisfaction to be made to
the Swedish Troops, shall have no effect in respect to his Majesty. ...
... 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. ...
... 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. ...