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... 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. ...
... 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 Contracts, Exchanges, Transactions, Obligations,
Treatys, made by Constraint or Threats, and extorted illegally from States
or Subjects (as in particular, those of Spiers complain, and those of Weisenburg
on the Rhine, those of Landau, Reitlingen, Hailbron, and others) shall
be so annull’d and abolish’d, that no more Enquiry shall be made after
them. ...
... That Processes which have been hitherto enter’d
on this Account, together with the Transactions and Promises made for the
Restitution of Debts, shall be look’d upon as void; and yet the Sums of
Money, which during the War have been exacted bona fide, and with a good
intent, by way of Contributions, to prevent greater Evils by the Contributors,
are not comprehended herein. ...
... 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. ...
... As to the Differences arisen between the Houses
of Hesse Cassel, and of Darmstadt, touching the Succession of Marburg;
since they have been adjusted at Cassel, the 14th of April, the preceding
Year, by the mutual Consent of the Interested Partys, it has been thought
good, that that Transaction, with all its Clauses, as concluded and sign’d
at Cassel by both Partys, should be intimated to this Assembly; and that
by virtue of this present Treaty, it shall be of the same force, as if
inserted word by word: and the same shall never be infring’d by the Partys,
nor any other whatsoever, under any pretence, either by Contract, Oath,
or otherways, but ought to be most exactly kept by all, tho perhaps some
of the Partys concern’d may refuse to confirm it. ...
... As also the Transaction between the Deceas’d monsieur
William, Landgrave of Hesse, and Messieurs Christian and Wolrad, Counts
of Waldeck, made the 11th of April, 1635. and ratify’d to Monsieur George,
Landgrave of Hesse, the 14th of April 1648. shall no less obtain a full
and perpetual force by virtue of this Pacification, and shall no less bind
all the Princes of Hesse, and all the Counts of Waldeck. ...
... And to prevent for the future any Differences
arising in the Politick State, all and every one of the Electors, Princes
and
States of the Roman Empire, are so establish’d and confirm’d in their antient
Rights, Prerogatives, Libertys, Privileges, free exercise of Territorial
Right, as well Ecclesiastick, as Politick Lordships, Regales, by virtue
of this present Transaction: that they never can or ought to be molested
therein by any whomsoever upon any manner of pretence. ...
... 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. ...
... For the greater Firmness of all and every one
of these Articles, this present Transaction shall serve for a perpetual
Law and establish’d Sanction of the Empire, to be inserted like other fundamental
Laws and Constitutions of the Empire in the Acts of the next Diet of the
Empire, and the Imperial Capitulation; binding no less the absent than
the present, the Ecclesiasticks than Seculars, whether they be States of
the Empire or not: insomuch as that it shall be a prescrib’d Rule, perpetually
to be follow’d, as well by the Imperial Counsellors and Officers, as those
of other Lords, and all Judges and Officers of Courts of Justice. ...
... 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. ...
... That he who by his Assistance or Counsel shall
contravene this Transaction or Publick Peace, or shall oppose its Execution
and the abovesaid Restitution, or who shall have endeavour’d, after the
Restitution has been lawfully made, and without exceeding the manner agreed
on before, without a lawful Cognizance of the Cause, and without the ordinary
Course of Justice, to molest those that have been restor’d, whether Ecclesiasticks
or Laymen; he shall incur the Punishment of being an Infringer of the publick
Peace, and Sentence given against him according to the Constitutions of
the Empire, so that the Restitution and Reparation may have its full effect. ...
... That nevertheless the concluded Peace shall remain
in force, and all Partys in this Transaction shall be oblig’d to defend
and protect all and every Article of this Peace against any one, without
distinction of Religion; and if it happens any point shall be violated,
the Offended shall before all things exhort the Offender not to come to
any Hostility, submitting the Cause to a friendly Composition, or the ordinary
Proceedings of Justice. ...
... 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. ...