... Since the
Arrest the
Emperor has formerly caus’d
to be made in the Provincial
Assembly, against the moveable
Effects of
the
Prince Elector of Treves, which were transported into the Dutchy of
Luxemburg, tho releas’d and abolish’d, yet at the instance of some has
been renew’d; to which has been
added a
Sequestration, which the said
Assembly
has made of the
Jurisdiction of Burch, belonging to the Archbishoprick,
and of the Moiety of the Lordship of St. John, belonging to John Reinbard
of Soeteren, which is
contrary to the Concordat’s drawn up at Ausburg in
the
year 1548 by the publick interposition of the Empire, between the
Elector
of Treves, and the Dutchy of Burgundy: It has been
agreed, that the abovesaid
Arrest and
Sequestration shall be taken away with all speed from the
Assembly
of Luxemburg, that the said
Jurisdiction, Lordship, and
Electoral and Patrimonial
Effects, with the sequestred
Revenues, shall be releas’d and restor’d to
the
Elector; and if by
accident some things should be Imbezel’d, they shall
be
fully restor’d to him; the Petitioners being refer’d, for the obtaining
a
determination of their
Rights, to the
Judge of the
Prince Elector, who
is
competent in the Empire. ...
... Since the
Arrest the
Emperor has formerly caus’d
to be made in the Provincial
Assembly, against the moveable
Effects of
the
Prince Elector of Treves, which were transported into the Dutchy of
Luxemburg, tho releas’d and abolish’d, yet at the instance of some has
been renew’d; to which has been
added a
Sequestration, which the said
Assembly
has made of the
Jurisdiction of Burch, belonging to the Archbishoprick,
and of the Moiety of the Lordship of St. John, belonging to John Reinbard
of Soeteren, which is
contrary to the Concordat’s drawn up at Ausburg in
the
year 1548 by the publick interposition of the Empire, between the
Elector
of Treves, and the Dutchy of Burgundy: It has been
agreed, that the abovesaid
Arrest and
Sequestration shall be taken away with all speed from the
Assembly
of Luxemburg, that the said
Jurisdiction, Lordship, and
Electoral and Patrimonial
Effects, with the sequestred
Revenues, shall be releas’d and restor’d to
the
Elector; and if by
accident some things should be Imbezel’d, they shall
be
fully restor’d to him; the Petitioners being refer’d, for the obtaining
a
determination of their
Rights, to the
Judge of the
Prince Elector, who
is
competent in the Empire. ...
... Forasmuch-as that certain
Jurisdictions of the
Bergstraet, belonging antiently to the
Elector of Mayence, were in the
year 1463 mortgag’d to the
House Palatine for a certain Sum of
Money: upon
condition of perpetual Redemption, it has been
agreed that the same
Jurisdictions
shall be Restor’d to the present
Elector of Mayence, and his
Successors
in the Archbishoprick of Mayence, provided the
Mortgage be
paid in ready
Mony, within the
time limited by the
Peace to be concluded; and that he
satisfies the other
Conditions, which he is bound to by the Tenor of the
Mortgage-Deeds. ...
... Forasmuch-as that certain
Jurisdictions of the
Bergstraet, belonging antiently to the
Elector of Mayence, were in the
year 1463 mortgag’d to the
House Palatine for a certain Sum of
Money: upon
condition of perpetual Redemption, it has been
agreed that the same
Jurisdictions
shall be Restor’d to the present
Elector of Mayence, and his
Successors
in the Archbishoprick of Mayence, provided the
Mortgage be
paid in ready
Mony, within the
time limited by the
Peace to be concluded; and that he
satisfies the other
Conditions, which he is bound to by the Tenor of the
Mortgage-Deeds. ...
... That the
Dispute depending between the Bishops
of Bamberg and Wirtzberg on the one, and the Marquiss of Brandenburg, Culmbach,
and Onalzbach, on the other side, touching the Castle,
Town,
Jurisdiction,
and Monastery of Kitzingen in Franconia, on the Main, shall be amicably
compos’d; or, in a
judicial manner, within two
years time, upon
pain of
the
Person’s losing his Pretensions, that shall
delay it: and that, in
the mean
time, the
Fort of Wirtzberg shall be
surrender’d to the said Lords
Marquisses, in the same
state it was taken, according as it has been
agreed
and
stipulated. ...
... That Frederick, Marquiss of Baden, and of Hachberg,
and his Sons and Heirs, with all those who have serv’d them in any
manner
whatsoever, and who serve them still, of what
degree they may be, shall
enjoy the
Amnesty above-mention’d, in the second and third
Article, with
all its
Clauses and Benefices; and by
virtue thereof, they shall be
fully
re-
establish’d in the
State Ecclesiastical or Secular, in the same
manner
as the Lord George Frederick Marquiss of Beden and of Hachberg, possess’d,
before the beginning of the Troubles of
Bohemia, whatever
concern’d the
lower Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d the Marquisate of Hachberg, and the Lordships of Rottelen, Badenweiller,
and Sausenberg, notwithstanding, and annulling all the
Changes made to
the
contrary. After which shall be restor’d to Marquiss Frederick, the
Jurisdictions of Stein and Renchingen, without being charg’d with
Debts,
which the Marquiss William has contracted during that
time, by
Reason of
the
Revenues,
Interests and
Charges, put down in the
Transaction pass’d
at Etlingen in the
Year 1629. and
transfer’d to the said William Marquiss
of Baden, with all the
Rights,
Documents, Writings, and other things appertaining;
so that all the
Plea concerning the
Charges and
Revenues, as well receiv’d
as to
receive, with their
Damages and
Interests, to reckon from the
time
of the first
Possession, shall be intirely taken away and abolish’d. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... In the third
place the
Emperor, as well in his
own behalf, as the behalf of the whole most Serene
House of
Austria, as
also of the Empire,
resigns all
Rights, Propertys,
Domains,
Possessions
and
Jurisdictions, which have hitherto belong’d either to him, or the Empire,
and the
Family of
Austria, over the City of Brisac, the Landgraveship of
Upper and Lower Alsatia, Suntgau, and the Provincial Lordship of ten
Imperial
Citys situated in Alsatia, viz. Haguenau, Calmer, Sclestadt, Weisemburg,
Landau, Oberenheim, Rosheim, Munster in the Valley of St. Gregory, Keyerberg,
Turingham, and of all the
villages, or other
Rights which depend on the
said Mayoralty; all and every of them are made over to the most Christian
King, and the
Kingdom of
France; in the same
manner as the City of Brisac,
with the
Villages of Hochstet, Niederrimsing, Hartem and Acharren appertaining
to the Commonalty of Brisac, with all the antient
Territory and Dependence;
without any
prejudice, nevertheless, to the Priviliges and Libertys
granted
the said
Town formerly by the
House of
Austria. ...
... Item, All the Vassals,
Subjects,
People,
Towns,
Boroughs, Castles,
Houses, Fortresses, Woods, Coppices,
Gold or
Silver
Mines,
Minerals, Rivers, Brooks,
Pastures; and in a word, all the
Rights,
Regales and Appurtenances, without any
reserve, shall belong to the most
Christian
King, and shall be for ever incorporated with the
Kingdom France,
with all
manner of
Jurisdiction and
Sovereignty, without any contradiction
from the
Emperor, the Empire,
House of
Austria, or any other: so that no
Emperor, or any
Prince of the
House of
Austria, shall, or ever ought to
usurp, nor so much as pretend any
Right and
Power over the said Countrys,
as well on this, as the other side the Rhine. ...
... Nevertheless the
King shall pretend to nothing
more than the
Protection and
safe Passage of his Garison into the Castle
of Philipsburg: but the
Property of the
Place, all
Jurisdiction,
Possession,
all its
Profits,
Revenues,
Purchases,
Rights, Regales,
Servitude,
People,
Subjects, Vassals, and every thing that of old in the Bishoprick of Spire,
and the
Churches incorporated therein, had appertain’d to the
Chapter of
Spire, or might have appertain’d thereto; shall appertain, and be intirely
and inviolably preserv’d to the same
Chapter, saving the
Right of
Protection
which the
King takes upon him. ...
... 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. ...
... Nevertheless, if for the
space of three
years
the
Difference cannot be terminated by any of those means, all and every
one of those
concern’d in this
Transaction shall be oblig’d to join the
injur’d
Party, and assist him with
Counsel and
Force to
repel the
Injury,
being first advertis’d by the injur’d that gentle Means and
Justice prevail’d
nothing; but without
prejudice, nevertheless, to every one’s
Jurisdiction,
and the
Administration of Justice conformable to the
Laws of each
Prince
and
State: and it shall not be permitted to any
State of the Empire to
pursue his
Right by
Force and
Arms; but if any
difference has happen’d
or happens for the
future, every one shall try the means of
ordinary Justice,
and the Contravener shall be regarded as an Infringer of the
Peace. That
which has been
determin’d by
Sentence of the
Judge, shall be put in
execution,
without
distinction of
Condition, as the
Laws of the Empire enjoin touching
the
Execution of
Arrests and
Sentences. ...