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Englische anonyme Übersetzung des IPM (1710)
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Kollationsvorlage:
A General Collection Of Treatys, Declarations of War, Manifestos, and other Publick Papers, Relating to
Peace and War, Among the Potentates of Europe, from 1648 to the present Time. Vol. [I]. London: J.
Darby für Andrew Bell, E. Sanger 1710 (7: 8° J. gent. 136i),
22-28.
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| | englisch 1710 | |
| | §§ 69 - 91 IPM | |
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[§ 69 IPM # IPO]
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 Benfit of Peace:
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[§ 70 IPM # IPO]
LXXI. First, That the chief Dominion, Right of Sovereignty, and all other Rights upon
the Bishopricks of Metz, Toul, and Verdun, and on the Citys of that name and their
Diocesses, particularly on Moyenvick, in the same manner they formerly belong'd to
the Emperor, shall for the future appertain to the Crown of France, and shall be
irrevocably incorporated therewith for ever, saving the Right of the Metropolitan,
which belongs to the Archbishop of Treves.
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[§ 71 IPM # IPO]
LXXII. That Monsieur Francis, Duke of Lorain, shall be restor'd to the possession of
the Bishoprick of Verdun, as being the lawful Bishop thereof; and shall be left in the
peaceable Administration of this Bishoprick and its Abbys (saving the Right of the
King and of particular Persons) and shall enjoy his Patrimonial Estates, and his other
Rights, wherever they may be situated (and as far as they do not contradict the
present Resignation) his Privileges, Revenues and Incomes; having previously taken
the Oath of Fidelity to the King, and provided he undertakes nothing against the
Good of the State, and the Service of his Majesty.
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[§ 72 IPM # IPO]
LXXIII. In the second place, the Emperor and Empire resign and transfer to the most
Christian King, and his Successors, the Right of direct Lordship and Sovereignty,
and all that has belong'd, or might hitherto belong to him, or the sacred Roman
Empire, upon Pignerol.
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[§ 73 IPM # IPO]
LXXIV. 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, Scletstadt,
Weisemburg, Landau, Oberenheim, Rosheim, Munster in the Valley of St. Gregory,
Keyserberg, 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 Privileges and Libertys granted the said Town formerly by the
House of Austria.
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[§ 74 IPM # IPO]
LXXV. Item, The said Landgraveship of the one, and the other Alsatia, and Suntgau,
as also the Provincial Mayoralty on the ten Citys nominated, and their Dependencys.
LXXVI. 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 of 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 Austria, shall, for 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.
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[§ 75 IPM # IPO]
LXXVII. The most Christian King shall, nevertheless, be oblig'd to preserve in all and
every one of these Countrys the Catholick Religion, as maintain'd under the Princes
of Austria, and to abolish all Innovations crept in during the War.
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[§ 76 IPM # IPO]
LXXVIII. Fourthly, By the consent of the Emperor and the whole Empire, the most
Christian King and his Successors shall have perpetual Right to keep a Garison in
the Castle of Philipsburg, but limited to such a number of Soldiers, as may not be
capable to give any Umbrage, or just Suspicion to the Neighbourhood; which
Garison shall be maintain'd at the Expences of the Crown of France. The Passage
also shall be open for the King into the Empire by Water, when, and as often as he
shall send Soldiers, Convoys, and bring necessary things thither.
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[§ 77 IPM # IPO]
LXXIX. 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.
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[§ 78 IPM # IPO]
LXXX. The Emperor, Empire, and Monsieur the Arch-Duke of Insprug, Ferdinand
Charles, respectively discharge the Communitys, Magistrates, Officers and Subjects
of each of the said Lordships and Places, from the Bonds and Oaths which they were
hitherto bound by, and ty'd to the House of Austria; and discharge and assign them
over to the Subjection, Obedience and Fidelity they are to give to the King and
Kingdom of France; and consequently confirm the Crown of France in a full and just
Power over all the said Places, renouncing from the present and for ever, the Rights
and Pretensions they had thereunto: Which Cession the Emperor, the said Arch-
Duke and his Brother (by reason the said Renunciation concerns them particularly)
shall confirm by particular Letters for themselves and their Descendants; and shall
so order it also, that the Catholick King of Spain shall make the same Renunciation
in due and authentick form, which shall be done in the name of the whole Empire,
the same Day this present Treaty shall be sign'd.
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[§ 79 IPM # IPO]
LXXXI. 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.
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[§ 80 IPM # IPO]
LXXXII. Further it has been agreed, That besides the Ratification promis'd hereafter
in the next Diet by the Emperor and the States of the Empire, they shall ratify a-new
the Alienations of the said Lordships and Rights: insomuch that if it shou'd be
agreed in the Imperial Capitulation, or if there shou'd be a Proposal made for the
future, in the Diet, to recover the Lands and Rights of the Empire, the above-nam'd
things shall not be comprehended therein, as having been legally transfer'd to
another's Dominion, with the common Consent of the States, for the benefit of the
publick Tranquillity; for which reason it has been found expedient the said
Seigniorys shou'd be ras'd out of the Matricular Book of the Empire.
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[§ 81 IPM # IPO]
LXXXIII. Immediately after the Restitution of Benfeldt, the Fortifications of that Place
shall be ras'd, and of the Fort Rhinau, which is hard by, as also of Tabern in Alsatia,
of the Castle of Hohembar and of Newburg on the Rhine: and there shall be in none
of those Places any Soldiers or Garison.
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[§ 82 IPM # IPO]
LXXXIV. The Magistrates and the Inhabitants of the said City of Tabern shall keep
an exact Neutrality, and the King's Troops shall freely pass thro there as often as
desir'd.
No Forts shall be erected on the Banks of this side the Rhine, from Basle to
Philipsburg, nor shall any Endeavours be made to divert the Course of the River,
neither on the one side or the other.
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[§ 83 IPM # IPO]
LXXXV. As for what concerns the Debts wherewith the Chamber of Ensisheim is
charg'd, the Arch-Duke Ferdinand Charles shall undertake with that part of the
Province, which the most Christian King shall restore him, to pay one third without
distinction, whether they be Bonds, or Mortgages; provided they are in authentick
form, and that they have a particular Mortgage, either on the Provinces to be
restor'd, or on them which are to be transfer'd; or if there be none, provided they be
found on the Books of Accounts agreeing with those of Receipts of the Chamber of
Ensisheim, until the expiration of the year 1632. and have been inserted amongst the
Debts of the publick Chamber: and the said Chamber having been oblig'd to pay the
Interests, the Arch-Duke making this Payment, shall keep the King exempt from the
same.
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[§ 84 IPM # IPO]
LXXXVI. And as for those Debts which the Colleges of the States have been charg'd
with by the Princes of the House of Austria, pursuant to particular Agreements
made in their Provincial Assemblys, or such as the said States have contracted in the
name of the Publick, and to which they are liable; a just distribution of the same
shall be made between those who are to transfer their Allegiance to the King of
France, and them that continue under the Obedience of the House of Austria, that so
either Party may know what proportion of the said Debt he is to pay.
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[§ 85 IPM # IPO]
LXXXVII. 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. Rheinfelden, Seckingen, Lauffenberg and Waltshutum, with
all their Territorys and Bailiwicks, Houses, Villages, Mills, Woods, Forests, Vassals,
Subjects, and all Appurtenances on this, or other side the Rhine. LXXXVIII. 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, Endingen, Kenzingen, 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. LXXXIX. All Ortnaw, with the Imperial Citys of
Offenburg, Gengenbach, Cellaham and Harmorspach [!]; forasmuch as the said
Lordships depend on that of Ortnaw, so that no King of France can or ought ever to
pretend to or usurp any Right or Power over the said Countrys situated on this and
the other side the Rhine: nevertheless, in such a manner, that by this present
Restitution, the Princes of Austria shall acquire no new Right;
that for the future, the Commerce and Transportation shall be free to the Inhabitants
on both sides of the Rhine, and the adjacent Provinces. Above all, the Navigation of
the Rhine shall be free, and none of the Partys shall be permitted to hinder Boats
going up or coming down, detain, stop or molest them under any pretence
whatsoever, except the Inspection and Search which is usually done to
Merchandizes: And it shall not be permitted to impose upon the Rhine new and
unwonted Tolls, Customs, Taxes, Imposts, and other like Exactions; but the one and
other Party shall be contented with the Tributes, Dutys and Tolls that were paid
before these Wars, under the Government of the Princes of Austria.
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[§ 86 IPM # IPO]
XC. 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 alledg,
and without Restitution of Movables or Fruits gather'd in. XCI. As to Confiscations
of Things, which consist in Weight, Number and Measure, Exactions, Concussions
and Extortions made during the War; the reclaiming of them is fully annul'd and
taken away on the one side and the other, in order to avoid Processes and litigious
Strifes.
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[§ 87 IPM # IPO]
XCII. That the most Christian King shall be bound to leave not only the Bishops of
Strasburg and Basle, with the City of Strasburg, but also the other States or Orders,
Abbots of Murbach and Luederen, who are in the one and the other Alsatia,
immediately depending upon the Roman Empire; the Abbess of Andlavien, the
Monastery of St. Bennet in the Valley of St. George, the Palatines of Luzelstain, the
Counts and Barons of Hanaw, Fleckenstein, Oberstein, and all the Nobility of Lower
Alsatia; Item, the said ten Imperial Citys, which depend on the Mayory of Haganoc,
in the Liberty and Possession they have enjoy'd hitherto, to arise as immediately
dependent upon the Roman Empire; so that he cannot pretend any Royal Superiority
over them, but shall rest contented with the Rights which appertain'd to the House
of Austria, and which by this present Treaty of Pacification, are yielded to the
Crown of France. In such a manner, nevertheless, that by the present Declaration,
nothing is intended that shall derogate from the Sovereign Dominion already here-
above agreed to.
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[§ 88 IPM # IPO]
XCIII. Likewise the most Christian King, in compensation of the things made over to
him, shall pay the said Archduke Ferdinand Charles three millions of French Livres,
in the next following Years 1649, 1650, 1651. on St. John Baptist's Day, paying yearly
one third of the said Sum at Basle in good Mony to the Deputys of the said
Archduke.
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[§ 89 IPM # IPO]
XCIV. Besides the said Sum, the most Christian King shall oblig'd to take upon him
two Thirds of the Debts of the Chamber of Ensisheim without distinction, whether
by Bill or Mortgage, provided they be in due and authentick Form, and have a
special Mortgage either on the Provinces to be transfer'd, or on them to be restor'd;
or if there be none, provided they be found on the Books of Accounts agreeing with
those of the Receits of the Chamber of Ensisheim, until the end of the Year 1632. the
said Sums having been inserted among the Debts of the Community, and the
Chamber having been oblig'd to pay the Interests: And the King making this
Payment, the Archduke shall be exempted for such a proportion. And that the same
may be equitably executed, Commissarys shall be deputed on the one side and the
other, immediately after the signing of this present Treaty, who before the Payment
of the first Sum shall agree between them what Debts every one has to pay.
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[§ 90 IPM # IPO]
XCV. The most Christian King shall restore to the said Archduke bona fide, and
without delay, all Papers, Documents of what nature soever, belonging to the Lands
which are to be surrender'd to him, even as many as shall be found in the Chancery
of the Government and Chamber of Ensisheim, or of Brisac, or in the Records of
Officers, Towns, and Castles possess'd by his Arms.
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[§ 91 IPM # IPO]
XCVI. If those Documents be publick, and concern in common and jointly the Lands
yielded to the King, the Archduke shall receive authentick Copys of them, at what
time and as often as he shall demand them.
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