... 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. ...
... The Most Christian
King shall
restore to the
Duke
of Wirtemberg, after the
manner hereafter related, where we shall mention
the
withdrawing of Garisons, the
Towns and Forts of Hohenwiel, Schorendorff,
Turbingen, and all other
places, without
reserve, where he keeps Garisons
in the Dutchy of Wirtemberg. As for the
rest, the Paragraph, THE
HOUSE
OF WIRTEMBERG, &c. shall be understood as inserted in this
Place, after
the same
manner it’s contain’d in the
Treaty of the Empire, and of Swedeland. ...
... 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. ...
... Besides the
Places of Surety, which shall be left,
as aforesaid, to Madam the Landgravine, which she shall
restore after the
Payment, she shall
restore, after the
Ratification of the
Peace, all the
Provinces and Bishopricks, as also all their Citys, Bayliwicks, Boroughs,
Fortresses, Forts; and in one word, all immoveable
Goods, and all
Rights
seiz’d by her during this
War. So, nevertheless, that as well in the three
Places she shall retain as Cautionary, as the others to be restor’d, the
said Lady Landgravine not only shall cause to be convey’d away all the
Provisions and Ammunitions of
War she has put therein (for as to those
she has not sent thither, and what was found there at the taking of them,
and are there still, they shall
continue; ) but also the
Fortifications
and Ramparts, rais’d during the
Possession of the
Places, shall be
destroy’d
and demolish’d as much as possible, without exposing the
Towns, Borroughs,
Castles and Fortresses, to
Invasions and Robberys. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...