... According to this
foundation of reciprocal Amity,
and a
general Amnesty, all and every one of the Electors of the sacred
Roman Empire, the
Princes and
States (therein comprehending the
Nobility,
which depend immediately on the Empire) their Vassals,
Subjects,
Citizens,
Inhabitants (to whom on the
account of the
Bohemian or
German Troubles
or
Alliances, contracted here and there, might have been done by the one
Party or the other, any
Prejudice or
Damage in any
manner, or under what
pretence soever, as well in their Lordships, their fiefs, Underfiefs, Allodations,
as in their Dignitys, Immunitys,
Rights and
Privileges) shall be
fully
re-
establish’d on the one side and the other, in the Ecclesiastick or Laick
State, which they enjoy’d, or could lawfully enjoy, notwithstanding any
Alterations, which have been made in the mean
time to the
contrary. ...
... That if
Debtors have by
force got some Bonds from
their Creditors, the same shall be restor’d, but not with
prejudice to
their
Rights. ...
... In the like
manner, if any
Royal, or particular
Fiefs, have not been renew’d since the
Year 1618. nor Homage
paid to whom
it belongs; the same shall bring no
prejudice, and the Investiture shall
be renew’d the
day the
Peace shall be concluded. ...
... 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. ...
... As to their Estates that have been lost by
Confiscation
or otherways, before they took the part of the Crown of
France, or of Swedeland,
notwithstanding the Plenipotentiarys of Swedeland have made long instances,
they may be also restor’d. Nevertheless his
Imperial Majesty being to
receive
Law from none, and the Imperialists sticking close thereto, it has not
been
thought convenient by the
States of the Empire, that for such a
Subject
the
War should be continu’d: And that thus those who have lost their
Effects
as aforesaid, cannot recover them to the
prejudice of their last
Masters
and Possessors. But the Estates, which have been taken away by
reason of
Arms taken for
France or Swedeland, against the
Emperor and the
House of
Austria, they shall be restor’d in the
State they are found, and that without
any
Compensation for
Profit or
Damage. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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: ...
... 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. ...
... 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 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 shall not for the
future, or at present,
prove to the
damage and
prejudice of any
Town, that has been taken and
kept by the one or other
Party; but that all and every one of them, with
their
Citizens and
Inhabitants, shall enjoy as well the
general Benefit
of the
Amnesty, as the
rest of this Pacification. And for the
Remainder
of their
Rights and
Privileges, Ecclesiastical and Secular, which they
enjoy’d before these Troubles, they shall be maintain’d therein; save,
nevertheless the
Rights of
Sovereignty, and what depends thereon, for the
Lords to whom they belong. ...
... 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. ...