Englische anonyme Übersetzung des IPO (1713)|
A General Collection Of Treatys, Manifesto's, Contracts of Marriage, Renunciations, and other Publick Papers, from the Year 1495, to the Year 1712. Vol. II Containing ... With an Introduction, giving some Account of this Work. The second Edition. London: J.J. und P. Knapton, J. Darby u.a. 1732 (7: 8° J. gent. 136i), 390-414.
Artikel V IPO
|[Art. V IPO ← § 47 IPM] V. Now whereas the Grievances of the one and the other Religion, which were debated amongst the Electors, Princes and States of the Empire, have been partly the Cause and Occasion of the present War, it has been agreed and transacted in the following manner.|
[Art. V,1 IPO ← § 47 IPM]
1. That the Transaction settled at Passau in the Year 1552. and follow'd in the Year
1555. with the Peace of Religion, according as it was confirm'd in the Year 156. at
Augsburg, and afterwards in divers other Diets of the sacred Roman Empire, in all
its Points and Articles agreed and concluded by the unanimous Consent of the
Emperor and Electors, Princes and States of both Religions, shall be maintain'd in its
Force and Vigour, and sacredly and inviolably observ'd.
But those things that are appointed by this Treaty with Consent of both Parties, touching certain Articles in the said Transaction which are troublesom and litigious, shall be look'd upon to have been observ'd in Judgment and otherwise, as a perpetual Declaration of the said Pacification, until the Matter of Religion can, buy the Grace of God, be agreed upon, and that without stopping short for the Contradiciton and Protestation of any one whatsoever, Ecclesiastical or Secular, either within or without the Empire, in any time whatsoever: all which Oppositions are by virtue of these Presents declar'd null and void.
And as to all other things, That there be an exact and reciprocal Equality amongst all the Electors, Princes and States of both Religions, conformably to the State of the Commonweal, the Constitutions of the Empire, and the present Convention: so that what is just of one side shall be so of the other, all Violence and Force between the two Parties being for ever prohibited.
|[Art. V,2 IPO ← § 47 IPM] 2. That the Term from which Restitution in Ecclesiastical Affairs is to begin, as also in the Changes in Politicks with regard to them, be the first Day of January 1624. and that therefore the Re-establishment of all the Electors, Princes and States of both Religions, the free Nobility of the Empire, as also the Communities and Towns holding immediately of the Emperor, do fully and without restriction commence from that day: And that for that effect all Decrees, Sentences and Arrests pass'd, all Transactions, Conventions or Capitulations, either at discretion or otherwise made, and all Executions done in such sort of Affairs, remain null and void, and the whole reduc'd to the state they were in the Day and Year aforesaid.|
|[Art. V,3 IPO ← § 47 IPM] 3. The Cities of Augsburg, Dunckelspiel, Biberach and Ravensburg shall retain the Goods, Rights, and Exercise of Religion, which they had the said Day and Year. But with regard to the Dignities of Senators, and other publick Offices, the number of them shall be equal and alike in both Religions.|
|[Art. V,4 IPO ← § 47 IPM] Particularly for the City of Augsburg, there shall be elected out of Patrician Families seven Senators of the Privy Council, and out of these two Presidents of the Republick, who are commonly call'd Stattpfleger, one of whom shall be a Catholick, and the other of the Confession of Augsburg; of the other five, three shall be Catholicks, and two of the foresaid Confession. The other Counsellors of the lesser Senate, as they call it, and the Syndicks, Assessors of the City Justice, and all other Officers shall be equal in number in both Religions. As to the Receivers of the publick Mony, they shall be three; two of whom shall be of the same Religion, and the third of the other: but so that for the first Year two shall be Catholicks, and one of the Confession of Augsburg; and the following Year, two shall be of the said Confession, and the third a Catholick; and so alternately every Year.|
|[Art. V,5 IPO ← § 47 IPM] The Intendants of the Arsenal shall also be three, with the like annual Alternative. The same shall be observ'd as to those who have the care of Subsidies, Provisions, and publick Buildings and Edifices, and others whose Office is in the hands of three Persons: so that if one Year two Offices, such as those of Receiver and Intendant of Provisions and Building, are fill'd by two Catholicks and one of the Confession of Augsburg; the same Year, two other Offices, such as those of the Intendant of the Arsenal, and Receiver of the Subsidies, shall be administer'd by two of the Confession of Augsburg, and one Catholick; and the following Year, two of the Confession of Augsburg shall be substituted in the room of two Roman Catholicks in the said respective Offices, or one of the said Confession in the room of one Roman Catholick.|
|[Art. V,6 IPO ← § 47 IPM] 4. The Places which were wont to be in the hands of one Person only for one or more Years, according to the Quality of the Affair, shall be administer'd by turns among the Catholick Burgesses, and those of the Confession of Augsburg, in the same manner as has been determin'd with relation to Offices committed to three Persons.|
|[Art. V,7 IPO ← § 47 IPM] Nevertheless, the Care of their Churches and Schools shall be reserv'd to each of the Parties. As to the Catholicks who are in the Magistracy or any other Office at this time of the present Pacification, over and above the number agreed upon, they shall fully and entirely enjoy the Honour and Advantage they were possess'd of before; but then they must keep at home, till their Places become vacant by Death, or by their laying down; or if they will assist in Council, they shall have no Vote.|
|[Art. V,8 IPO ← § 47 IPM] 5. Neither of the two Parties shall abuse the Power of the Adherents to their Religion, to destroy the other. Nor shall they prefer directly or indirectly a greater number of their Party to the Dignities of Presidents and Senators, or other publick Posts: but every thing of this nature that shall be done at any time or in any manner, shall be null and void. For which reason, not only the present Regulation shall be publickly read every Year, at the Election of new Senators and Officers in place of those deceas'd; but likewise the Election of a President or Magistrate of the Privy Council, and other Senators, Prefects, Syndicks, Judges, and other Catholick Officers, shall at present and for the future belong to the Catholicks, and that of the Adherents to the Confession of Augsburg shall belong to them; and a Catholick shall be put in the place of a deceas'd Catholick; and in like manner, one of the Confession of Augsburg in the place of one of the said Confession deceas'd.|
|[Art. V,9 IPO ← § 47 IPM] The Plurality of Voices shall not bear sway in any manner directly or indirectly in matters of Religion, nor shall it prejudice the Burgesses of the Confession of Augsburg in that City, nor the Electors, Princes and States of the same Confession in the Roman Empire. And if the Catholicks abuse the Plurality of Voices to the prejudice of those of the Confession of Augsburg, in those Affairs or in any other; it shall be lawful for these last, by virtue of the present Transaction, to have recourse to the Alternative of a fifth Senator of the Privy Council, or to other lawful Remedies.|
|[Art. V,10 IPO ← § 47 IPM] 6. Moreover the Peace of Religion, and the Order of Charles V. touching the Election of Magistrates, as also the Transactions of the Years 1584, and 1591. shall remain intire and inviolable, in so far as they are not repugnant directly or indirectly to this Regulation.|
|[Art. V,11 IPO ← § 47 IPM] 7. That from henceforth there shall be at Dunckelspiel, Biberach, and Ravensburg, two Consuls, call'd Burgomasters, the one a Catholick, and the other of the Confession of Augsburg; four Counsellors of the secret Council in an equal number of the one and the other Religion. The same Equality shall be also observ'd in their Senate, their Courts of Justice, and in the Superintendancy of the Treasury and publick Mony, as well as in other publick Offices, Dignities, and Posts: And as to the Offices of Judg-Pretor, the Syndick, and Secretaries of the Senate of Justice, and other such Posts, which are confer'd only upon one Person, the same Alternative shall be perpetually observ'd, so that one of the Augsburg Confession shall succeed to one Catholick deceas'd, and a Catholick to one of the said Confession deceas'd. As to the Manner of Election, and the Plurality of Suffrages, the Care of Churches and Schools, and the annual reading of this Regulation, the same thing shall be observ'd that has been said with regard to the City of Augsburg.|
|[Art. V,12 IPO ← § 47 IPM] 8. As to what concerns the Town of Donawert, if the States of the Empire in the next General Dyet judg that it ought to be re-establish'd in its antient Liberty, it shall enjoy the same Rights as to Ecclesiasticals and Temporals, which the other Towns of the Empire enjoy, by virtue of the present Transaction, saving nevertheless the Rights of those in that Town which belong to them.|
|[Art. V,13 IPO ← § 47 IPM] 9. The Term of the Year 1624. shall not in any wise prejudice those who shall be re- establish'd upon the foot of the Amnesty or otherwise.|
|[Art. V,14 IPO ← § 47 IPM] 10. As to the Goods Ecclesiastical immediate, whether Archbishopricks, Bishopricks, Prelatures, Abbeys, Bailliages, Provostships, Commendams, or other free Secular Foundations, with their Revenues, Rents, and all other things by what names soever they may go, situated without or within Towns; the Catholick States, or those of the Confession of Augsburg, who possess'd them the first Day of January 1624. shall possess them all, without any exception, peaceably and without trouble, till we are agreed (which God grant we may be) upon the Controversies which regard Religion: nor shall it be lawful for either of the Parties to disquiet or disturb the other by Law- Suits or otherwise, nor occasion any Trouble or Hindrance. And in case the Differences of Religion cannot be amicably agreed (which God forbid) the present Convention shall have the Weight of a perpetual Law, and the Peace shall last for ever.|
[Art. V,15 IPO ← § 47 IPM]
11. If then a Catholick Archbishop, Bishop, or Prelate, or one of the Confession of
Augsburg, chosen or requir'd to be an Archbishop, Bishop, or Prelate, should
happen to change his Religion, alone or conjointly with his Prebendaries and
Canons, whether one or more, or all together; and in like manner, if any other
Ecclesiasticks should change their Religion for the future, they shall immediately
forfeit their Right, yet without lessening their Honour or Reputation; and shall
without any Delay or Opposition whatsoever clear their hands of the Fruits and
Revenues. And the Chapter, or any other to whom it appertains, shall have a right to
elect or require another Person of the same Religion, to which this Benefit is due by
virtue of the present Transaction; however without recovering the Fruits and
Revenues which the Archbishop, Bishop or Prelate, etc. changing Religion, shall
have receiv'd and consum'd in the mean time.
If then any States of the Catholick Religion, or of the Augsburg Confession, have been depriv'd by a Process at Law, or otherwise, of their Archbishopricks, Bishopricks, Benefices or Prebendships immediate, or have in any wise been troubled therein since the 1st day of January of the year 1624. they shall be resettled in them, by virtue of these Presents, as well in Spirituals as Temporals, with the Abolition of all Innovations; so that all Ecclesiastical Goods immediate, administer'd the 1st day of January 1624. by a Catholick Prelate, shall again have a Catholick Head: And reciprocally the Goods which those of the Confession of Augsburg possess'd the said Year and Day, shall from henceforth be retain'd by them, with return by them of all the Fruits receive'd during that time, and Expences, Damages and receiv'd during that time, and Expences, Damages and Interests that the one Party claim'd against the other.
|[Art. V,16 IPO ← § 47 IPM] 12. In all Archbishopricks, Bishopricks, and other immediate Foundations, the right of Election and standing for Preferment shall remain according to the Customs and Statutes of every Place, without any Alteration, in so far as they are conformable to the Constitutions of the Empire, at the Transaction of Passau, the Pacification of Religion, and especially at the present Declaration and Transaction. And with regard to the Archbishopricks and Bishopricks which shall remain to those of the Confession of Augsburg, the said Rights shall contain nothing that is contrary to that same Confession; and the same shall obtain and be observ'd where the Rights are mix'd between the Catholicks and those of the said Confession. 13. Nothing shall be added of new to the antient Statutes, that may wound the Conscience, or hurt the Cause of the Catholicks, or of those of the A<u>gsburg Confession, or diminish their Rights;|
|[Art. V,17 IPO ← § 47 IPM] but such as stand for Preferment, or such as are chosen, shall promise in their Capitulations, not to possess in any manner, by hereditary Right, the Ecclesiastical Principalities, Benefices and Dignities which they shall have accepted, nor do any thing that may render them hereditary; so that as well the Election and standing for Preferment, as the Administration and Regiment of Episcopal Rights, during the Vacancy of the See, shall in all Places remain free to the Chapters, and those to whom they likewise belong in conjunction with the Chapter, according to the establish'd Usage. Care shall likewise be taken that the Nobility, Graduates and others, who are capable, be not excluded, but rather supported, when it is not contrary to the Foundations.|
|[Art. V,18 IPO ← § 47 IPM] 14. That in the Places where his Imperial Majesty has always exercis'd the Right of first Prayers, he shall likewise exercise it for the future; provided that one of the Confession of Augsburg coming to die in the Bishopricks of the said Religion, one of that Confession, who shall be found capable according to the Statute, have the Right of the said Prayers; but in Bishopricks, and other immediate mix'd Places of both Religions, he that is presented shall not have a Right to the first Prayers, unless a Person of the same Religion possess'd the vacant Benefice.|
|[Art. V,19 IPO ← § 47 IPM] 15. That if under the name of Annats, Rights of the Cloke, Confirmation, the Pops's Months, and such like Rights and Reserves, any thing whatsoever should be pretended, in any manner whatsoever, upon the immediate Ecclesiastical Goods of the States of the Confession of Augsburg, the Prosecution and Execution thereof may not be supported by the Secular Arm.|
|[Art. V,20 IPO ← § 47 IPM] 16. But in the Chapters of those immediate Ecclesiastical Goods, where the Prebends and Canons of both Religions are admitted by virtue of the foresaid Term, in an equal number of both sides, and where the Pope's Months are already in use, they shall take place, and shall have their Execution upon occasion, if the Prebends and Canons deceas'd have been of the prescrib'd number of Catholicks; provided that the Provision of the Pope be signify'd and advis'd immediately by the Court of Rome, to the Chapters, and in due and legal time.|
[Art. V,21 IPO ← § 47 IPM]
17. Such as are chosen, or stand for Archbishopricks, Bishopricks or Prelacies of the
Confession of Augsburg, shall be invested by his Sacred Imperial Majesty, without
any Exception, if in the year of their Election and Standing they shall have paid
Fidelity and Homage, and taken the usual Oaths for the Royal Fiefs, and paid
besides the ordinary Tax, and a Moiety of the said Tax for Infeudation;
an then they, or, when the See is vacant, the Chapters, or those to whom in conjunction with them the Administration of right belongs, shall be call'd by ordinary Letters to the General Diets, and the particular Assemblies of Deputations, Visitations, Revisals and others, and shall have there the Right of Suffrage, according as those Rights belong'd to each State before the rise of those Dissensions upon the account of Religion. And as to what concerns the Quality and Number of Persons to be sent to the Assemblies, the Prelates shall be at liberty to settle that with their Chapters and Communities.
|[Art. V,22 IPO ← § 47 IPM] As to the Titles of the Ecclesiastical Princes of the Augsburg Confession, it is agreed thus, That they shall bear the Quality of Archbishops, Bishops, Abbots, Prevots elected or standing, without prejudice however to the State and Dignity; but they shall take their Seat in the middle and cross Form, between the Ecclesiasticks and Seculars; at whose side, in the Assembly of all the three Colleges of the Empire, shall be set the Director of the Chancery of Mentz, exercising the general Direction of the Acts of the Diet in the name of the Archbishop of Mentz; and after him, the Directors of the College of the Princes. And the same thing shall be observ'd in the Senate of Princes, collegiately assembled by the sole Directors of the Acts of the College.|
[Art. V,23 IPO ← § 47 IPM]
18. There shall be for ever as many Prebends or Canons, whether of the Augsburg
Confession, or Roman Catholicks, as there were of both Religions any where the 1st
day of January, 1624. and when any of them comes to die, none but those of the
same Religion shall be put in their place. If there be more of the Catholick Prebends
or Canons, or of the Augsburg Confession possessing Benefices any where, than
there were the 1st day of January, 1624. those supernumerary Prebends shall keep
their Places as long as they live; but after their Death those of the Augsburg
Confession shall succeed to the Catholicks, and the Catholicks to them, until the
number of Prebends and Canons be brought to the same State it was the 1st day of
the year 1624.
And as to the exercise of Religion, it shall be re-establish'd, and remain in the mix'd Bishopricks, as it was publickly receiv'd and allow'd in the year 1624. And no Derogation shall be made from any of those things above-specify'd, either in electing, or in presenting, or otherwise.
|[Art. V,24 IPO ← § 47 IPM] 19. The Archbishopricks and Bishopricks, and other immediate or mediate Foundations and Ecclesiastical Goods, granted for the satisfaction of her Royal Majesty and the Kingdom of Sweden, and for the Compensation and equivalent Indemnity of her Confederates, Friends and Allies, shall remain entirely and exactly in the Terms of the Conventions and particular Clauses inserted hereafter; but in all other things not contain'd therein, and particularly with relation to the Section concerning Diocesan Rights, etc. after-mention'd, they shall remain subject to the Constitutions of the Empire, and to this Transaction.|
[Art. V,25 IPO ← § 47 IPM]
20. The Monasteries, Colleges, Bailliages, Commendams, Churches, Foundations,
Schools, Hospitals, and other mediate Ecclesiastical Goods, as well as the Revenues
and Rights, call'd by whatsoever name, which the Electors, Princes and States of the
Confession of Augsburg, possess'd the 1st day of January in the year 1624. shall be
all and singular possess'd by the same (whether they are already restor'd, or are to be
restor'd by virtue of this present Transaction) until the Differences in Religion be
terminated by a general amicable Accommodation; and that notwithstanding all
Exceptions and Allegations, that all those Goods were reform'd or occupy'd before
or after the Transaction of Passau, or the Peace of Religion, or that they were cut off
from the Territory of the States of the Confession of Augsburg, or ingag'd to other
States by Right of Suffrage, Deaconship, or any other whatsoever;
the only and sole Foundation of this Transaction, Restitution and Regulation for the future, being the Possession which every one had the 1st day of January, 1624. entirely annulling all Exceptions and Defences that may be drawn from the Exercise introduc'd into any Place by Interim, or from any anterior or posterior Compacts, general or special Transactions, Processes commenc'd or judg'd, Mandamus's, Pareatis's, Letters of Reversion, Causes depending, or generally from any other Reasons or Pretences whatsoever.
In like manner, whatsoever has been alter'd, or cut off (in any place) of the said Goods, their Appurtenances and Fruits, from the States of the Confession of Augsburg since that time, in any manner, or under any pretext whatsoever, either by Law or other wise, the whole shall be fully and entirely resettled in its former State, without Delay or Distinction; and among the rest, especially the Monasteries, Foundations and Ecclesiastical Goods which the Prince of Wirtemberg possess'd really and indeed the 1st day of January, 1624. with their Revenues, Appurtenances and Dependencies, in whatever part they are situated, together with all the Titles and Documents that have been alienated. So that those of the Confession of Augsburg may be in the possession of what they have had or recover'd, without being liable to any legal Suit or Execution for ever, until the Contests about Religion shall have been terminated.
[Art. V,26 IPO ← § 47 IPM]
21. The Catholicks shall likewise possess all the mediate Monasteries, Foundations
and Colleges, which they really and actually possess'd the 1st day of January, 1624.
altho they be situated in the Territories and Domains of the States of the Confession
of Augsburg; however those Goods shall in no wise pass to other Orders of
Religious, but shall remain and continue in that Order to which they were first
devoted, unless the Order of such Religious should be entirely extinct: For in that
case the Magistrate of the Catholicks shall be at liberty to substitute Religious of
another Order, in use in Germany before the Dissensions about Religion.
In all the Monasteries, Collegiate Churches, Mediate Hospitals, where Catholicks and those of the Confession of Augsburg were wont to live without distinction, they shall from henceforth live there in the same number that was on the 1st of January, 1624. and the Exercise of Religion shall remain the same that it was in any Place whatsoever the said Year and Day, without Molestation or Impediment from the one side or the other.
In all the mediate Foundations, where his Imperial Majesty exercis'd the Right of first Prayers the 1st of January, 1624. he shall exercise the same for the future, in the manner above explain'd, for immediate Goods. And as to the Pope's Months, the same Order shall be observ'd as was settled above; the Archbishops, and those to whom the like Rights belong, shall also confer the Benefices of the extraordinary Months.
And if those of the Confession of Augsburg had possess'd, the said Day and Year, really and totally, or in Partnership with the Catholicks, the Rights of Presentation, Visitation, Inspection, Confirmation, Correction, Protestation, Hospitality, Services and Averrages in those sort of Ecclesiastical mediate Goods, and maintain'd Curates and other Officers therein, they shall have the same Rights for the future.
And tho the Elections for vacant Prebendries should not be made in the due time and manner, in favour of the Persons of the same Religion that the deceas'd Person was of, yet the Distribution and Collation thereof shall appertain to those of the same Religion by Right of Devolution; provided nevertheless, that no prejudice be done therein to the Custom of the Catholick Religion in those Ecclesiastical mediate Goods, and that the Rights belonging to the Ecclesiastical Magistrate of the Catholicks, by the Institution of the Order concerning the said Ecclesiasticks, be preserv'd to him entirely, and without any Change. And even tho the Elections and Collations to the vacant Prebendries should not be made in due time, yet the Right of Devolution shall remain whole and entire.
22. And as to the Imperial Ingagements (forasmuch as it is found that it has been settled in the Imperial Capitulation, that the chosen Emperor of the Romans is oblig'd to confirm these same Ingagements to the Electors, Princes and other immediate States of the Empire, and to secure and preserve to them the quiet and peaceable possession thereof) it is agreed, That that Regulation shall be observ'd till it shall be otherwise ordain'd, by the Consent of the Electors, Princes and States; and for that reason the Imperial Ingagements which were taken away from the City of L[i]ndau, and that of Weissenb[u]rg, shall be fully and entirely restor'd to them presently, upon paying the principal Sum.
[Art. V,27 IPO ← § 47 IPM]
Nevertheless, as to the Goods which the States of the Empire have bound under the
Title of Ingagements to one another time immemorial, there shall be no other
Method of Disingagement, but the Exceptions of the Possessors, and the Merit of the
Causes sufficiently examin'd.
And if the like Goods have been occupy'd during this War by any one, without a previous Cognizance of the Cause, or without paying the principal Sum, they shall be intirely restor'd immediately to the first Occupants with the Titles; and if Disingagement should be obtain'd by Sentence, and pass for a thing already judg'd, so that Restitution thereof should follow after payment of the Principal, the Dominus directus shall have full liberty publickly to introduce into those sort of ingag'd Lands, which shall have been restor'd to him, the Exercise of his own Religion. Nevertheless the Inhabitants and Subjects shall not be constrain'd to quit the said Lands, or the Religion which they embrac'd under the preceding Possessor of such ingag'd Lands; but they and the Dominus directus, who shall have obtain'd the Disingagement, shall treat about the publick Exercise of Religion.
|[Art. V,28 IPO ← § 47 IPM] 23. With regard to the free Nobility, who hold immediately of the Empire, and all and singular their Members, with their Subjects, and feudal and allodial Goods and possessions (if it be not found that they are subject in some Places to other States upon the account of certain Goods, and for a Territory or Dwelling-Place) they shall by virtue of the Peace of Religion, and of the present Convention, have the same Right in matters of Religion, and in the Advantages arising form thence, with the Electors, Princes and States of the Empire; nor shall they be hinder'd or troubled therein more than they, upon any pretence whatsoever, and all such who have been molested, shall be entirely restor'd.|
[Art. V,29 IPO ← § 47 IPM]
24. The free Towns of the Empire, according as they are all and every one of them,
without Contest, contain'd under the name of the States of the Empire, shall have in
their Territories, with regard to their Inhabitants and Subjects, the same Rights
which other higher States of the Empire have, as well with relation to the Right of
reforming, as in other Matters concerning Religion, not only in the Peace of Religion,
and the present Pacification, but also in every other respect; and even those among
them, where only one Religion obtain'd in the year 1624. shall have the same Rights:
So that every thing that has been regulated and agreed concerning those in general,
shall be held as said and understood of these; notwithstanding that some Catholick
Burgesses dwell in the Towns where the Magistrate and the Burgesses have
introduc'd no other Religion but that of the Confession of Augsburg, according to
the Custom and Statutes of each place; and even tho the Exercise of the Catholick
Religion be in vigour in certain Chapters, Monasteries, Collegiate Churches or
Cloisters there situated, depending mediately or immediately upon the Empire, and
in the same State it was the 1st of January, 1624. in which they, with the Clergy who
have not been introduc'd since that Term, and with the Catholick Burgesses which
were there at that time, shall be intirely left for the future both actively and
And first of all the Imperial Cities, who have embrac'd only one Religion, or who profess both, and among them especially the City of Augsburg, as also Dunckelspiel, Biberach, Ravensburg and Kauffbeur, which since the year 1624. have been molested, either by Law-Suits or otherwise, in any manner whatsoever upon account of Religion; and because of the Ecclesiastical Goods which they occupy'd and reform'd before or after the Transaction of Passau, or the Pacification of Religion which follow'd thereupon, shall be as fully establish'd in the same State which they were in the 1st of January, 1624. both as to Spirituals and Temporals, as the other higher States of the Empire. In which State they shall be preserv'd without any trouble, as the others who at that time possess'd them, or who have since that time recover'd the Possession of them, and that until the amicable Accommodation of Religion shall be obtain'd. It shall not be lawful for either of the Parties to molest or trouble one another in the Exercise of Religion, or in the Ceremonies and Usages of their Churches; but the Burgesses shall live peaceably together, and behave themselves discreetly towards one another, and have in all Places the free Exercise of their Religion and Goods; all things judg'd and transacted, or lying before the Tribunals of Justice, and other Sentences given out in the 2d and 20th [!] Paragraphs remaining null: saving nevertheless, those things which have been regulated by the second Paragraph, touching the Civil Affairs of Augsburg, Dunckelspiel, Biberach and Ravensburg.
|[Art. V,30 IPO ← § 47 IPM] 25. As to what concerns the Counts, Barons, Nobles, Vassals, Towns, Foundations, Monasteries, Commendams, Communities and Subjects, holding of the States depending immediately upon the Empire, Ecclesiastical or Secular (as it belongs to those States holding immediately of the Empire to have the Right of reforming Religion, together with the Right of the Territory and Superiority, according to the common Practice hitherto in use thro the whole Empire; and it having been formerly agreed in the Peace of Religion, that the Subjects of such States, as were not of the Religion of the Lord of the Territory, might have leave to change their Habitation) it was moreover ordain'd, in order to preserve a more perfect Concord among the States, That no Person should entice to his Religion the Subjects of others, nor receive them into Safeguard and Protection on that account, or support them in any manner whatsoever. It is also agreed, that the same thing shall be observ'd by the States of the one and the other Religion, and that no immediate State shall be troubled in the right which belongs to it, by reason of any Superiority it may have in matters of Religion;|
[Art. V,31 IPO ← § 47 IPM]
yet notwithstanding this, the Vassals and Subjects of the Catholick State, that have
had the publick or private Exercise of the Religion of the Confession of Augsburg in
1624. any part of the year, either by a certain Agreement and Privilege, or by long
Usage, or in fine by the sole Observance of the said Religion only for that year, shall
retain the same for the future, with all the Appurtenances and Dependencies thereof,
according as they have or can prove they have practis'd the said Year. 26. By such
Appurtenances are understood the Consistories and Ministers, as well of Schools as
of Churches, the Right of Patronage, and other such like Rights, in the possession
whereof they shall remain, as well as in that of all the Temples, Foundations,
Monasteries, Hospitals, and all their Appurtenances, Revenues and Augmentations,
which were in their Power at that time;
all which things shall be observ'd for ever and in all Places, till it shall [b]e otherwise agreed with relation to the Christian Religion, whether in general, or among the immediate States and their Subjects by mutual Consent; so that no Person may be molested by any one whatsoever, nor in any way or manner whatsoever;
[Art. V,32 IPO ← § 47 IPM]
but on the contrary, that such as have been molested, or in any manner depriv'd of
their Right, may be simply and fully restor'd to the State wherein they were in the
year 1624, without any exception.
The same thing shall be observ'd with regard to the Catholick Subjects, who are in the States of the Confession of Augsburg, where they had the publick or private Use and Exercise of the Catholick Religion in the year 1624.
[Art. V,33 IPO ← § 47 IPM]
27. The Compacts, Transactions, Conventions or Concessions, which have been
formerly made, or which have been agreed and pass'd betwixt the immediate States
of the Empire, and their Provincial States and Subjects above-mention'd, for
introducing, allowing or preserving the publick or private Exercise of Religion, shall
remain in their Force and Vigour, in so far as they are not contrary to the Observance
and Usage of the year 1624. and no Departure therefrom shall be allow'd but by
mutual Consent, notwithstanding all Sentences, Reversals, Agreements and
Transactions, contrary to the said Usage and Observance of the year 1624. which
shall remain null and void, this being laid down as a Rule; and particularly that
which the Bishop of Hildesheim, and the Dukes of Brunswick Lunenburg transacted
and stipulated by certain Compacts in the year 1624. touching the Religion of the
States, and Subjects of the Bishoprick of Hildesheim, and the Exercise thereof.
But the nine Monasteries, situated in the Bishoprick of Hildesheim, which the Dukes of Brunswick yielded to them the same year upon certain Conditions, shall be excepted from the said Term, and reserv'd to the Catholicks.
|[Art. V,34 IPO ← § 47 IPM] 28. It has moreover been found good, that those of the Confession of Augsburg, who are Subjects of the Catholicks, and the Catholick Subjects of the States of the Confession of Augsburg, who had not the publick or private Exercise of their Religion in any time of the year 1624. and who after the Publication of the Peace shall profess and embrace a Religion different from that of the Lord of the Territory, shall in consequence of the said Peace be patiently suffer'd and tolerated, without any Hindrance or Impediment to attend their Devotions in their Houses and in private, with all Liberty of Conscience, and without any Inquisition or Trouble, and even to assist in their Neighbourhood, as often as they have a mind, at the publick Exercise of their Religion, or send their Children to foreign Schools of their Religion, or have them instructed in their Families by private Masters; provided the said Vassals and Subjects do their Duty in all other things, and hold themselves in due Obedience and Subjection, without giving occasion to any Disturbance or Commotion.|
|[Art. V,35 IPO ← § 47 IPM] In like manner Subjects, whether they be Catholicks, or of the Confession of Augsburg, shall not be despis'd any where upon account of their Religion, nor excluded from the Community of Merchants, Artizans or Companies, nor depriv'd of Successions, Legacies, Hospitals, Lazar-Houses, or Alms-Houses, and other Privileges or Rights, and far less of Church-yards, and the Honour of Burial; nor shall any more be exacted of them for the Expence of their Funerals, than the Dues usually paid for Burying-Places in Parish-Churches: so that in these and all other the like things they shall be treated in the same manner as Brethren and Sisters, with equal Justice and Protection.|
|[Art. V,36 IPO ← § 47 IPM] 29. That if any Subject, who had not the publick or private Exercise of his Religion in the year 1624. or who, after the Publication of the Peace, shall have a mind to change his Religion, or be willing to change his Abode, or be order'd by the Lord of the Mannor to remove, he shall be at liberty to do it, to keep or sell his Goods, and have them administer'd by his Relations, to visit them with all Freedom, and without any Letters of Passport, and to prosecute his Affairs, and make payment of his Debts, as often as shall be requisite.|
[Art. V,37 IPO ← § 47 IPM]
30. It has likewise been agreed, that the Lord of the Territory shall allow a space of
time, not less than five years, for his Subjects to remove, who had not the publick or
private Exercise of their Religion in the said year, and who at the time of the
Publication of the said Peace shall have their Abode in the immediate States of the
one or the other Religion, among whom shall also be comprehended those, who in
order to avoid the Miseries of War, and not out of an Inclination to change their
Habitation, have retir'd any where, and have a mind after the Peace to return to their
own Country. And as for those who shall change their Religion after the Publication
of the Peace, there shall be a Term allow'd them, not less than three years, to
withdraw themselves and remove, if they cannot obtain a longer;
and whether they remove voluntarily, or by Constraint, Certificates of their Birth, Parentage, Freedom, Trade and Morals shall be granted them without difficulty or scruple, nor shall they be oppress'd with unusual Reversals, or Decimation of the Goods they shall carry away with them, above what is just and equitable; and far less shall any Stop or Hindrance be made, upon pretext of Servitude, or any other whatsoever, to those who shall remove voluntarily.
|[Art. V,38 IPO ← § 47 IPM] 31. The Princes of Silesia, who are of the Confession of Augsburg, viz. the Dukes of Brieg, Lignits, Munsterberg and Oels, as also the City of Breslaw, shall be maintain'd in the Rights and Privileges which they obtain'd before the War, as well as in the free Exercise of their Religion, which was granted them by the Imperial and Royal Grace.|
|[Art. V,39 IPO ← § 47 IPM] And as to what concerns the Counts, Barons, Nobles and their Subjects in the other Dutchies of Silesia, who depend immediately upon the Royal Chamber, as also the Counts, Barons and Nobles who live at present in the lower Austria, altho the Right of reforming the Exercise of Religion no less belongs to his Imperial Majesty than to other Kings and Princes, he consents (not however because of the Agreement made according to the Regulation of the preceding Article, but in consideration of the Mediation of her Royal Majesty of Sweden, and in favour of the interceding States of the Confession of Augsburg) that these Counts, Barons, Nobles, and their Subjects in the said Dutchies of Silesia, shall not be oblig'd to depart from their Abodes, nor quit the Goods which they possess, upon the account of their embracing the Augsburg Confession, nor be hinder'd to frequent the Exercise of the foresaid Religion in the neighbouring Parts without their own Territory; provided that in other things they do not disturb the publick Peace and Tranquillity, and behave themselves as they ought towards their Sovereign Prince. And if in the mean while any should think fit to remove voluntarily, and would not or could not conveniently put out their immovable Goods to farm, they shall have all liberty to go and return, to look to and oversee their said Goods.|
|[Art. V,40 IPO ← § 47 IPM] 31. [!] Besides what is order'd and settled above with relation to the said Dutchies of Silesia, which depend immediately on the Royal Chamber, his Imperial Majesty further promises to allow those of the Confession of Augsburg in the said Dutchies to build for the Exercise of the said Religion, at their own proper Charges, three Churches without the Towns of Schweinits, Jaur, and Glogaw, near the Walls, and in convenient places, which shall be appointed for that effect by his Majesty's Order, after the Conclusion of the Peace.|
|[Art. V,41 IPO ← § 47 IPM] And forasmuch as a greater Liberty of the Exercise of Religion has been several times endeavour'd to be agreed during the present Negotiation in the said Dutchies, and the other Kingdoms and Provinces belonging to his said Imperial Majesty and the House of Austria, and that nevertheless it could not be obtain'd because of the Opposition made by the Imperial Plenipotentiaries: Her Royal Majesty of Sweden, and the States of the Confession of Augsburg, reserve to themselves, and to every one of them in particular, the liberty of mediating amicably, and interceding humbly for that effect with his Imperial Majesty in the next Dyet and elsewhere; the Peace always subsisting nevertheless, and all Violence and Force remaining unlawful and forbidden.|
|[Art. V,42 IPO ← § 47 IPM] 32. The Right of Reforming shall not depend upon the sole Quality of the feudal or sub-feudal Law, whether of the Kingdom of Bohemia, or of the Electors, Princes and States of the Empire, or of any other Places. But those Fiefs and Arrier-Fiefs, Vassals, Subjects, and Ecclesiastical Goods, and all that the Lord of the Fief can pretend to in Matters of Religion, or has introduc'd thereinto, or claim'd of right thereto, shall be for ever consider'd according to the state they were in the first Day of January 1624. and whatsoever shall have been innovated to the contrary either in a legal way or otherwise, shall be suppress'd and reduc'd to its first state.|
[Art. V,43 IPO ← § 47 IPM]
33. That if there was any Contest about the Right to a Territory before or after the
Term of the Year 1624. that Right shall remain to him who was Possessor of it that
Year, till the Affair has been brought under Deliberation, and Sentence given
concerning the Possessor and Petitioner; which is to be understood as to the publick
Exercise of that Right. But the Subjects shall not be constrain'd to leave their Country
during the Process or Suit about the Territory, upon the account of the Change of
Religion which may have happen'd in the mean while.
34. In the places where the Catholick States and those of the Confession of Augsburg equally enjoy the Right of Superiority, the same Right shall remain as well with respect to the publick Exercise, as of other things that concern Religion, in the same state they were in the foresaid Year and Day.
|[Art. V,44 IPO ← § 47 IPM] The sole Jurisdiction in criminal Matters, the sole Right of the Sword, that of Retention of Causes, of Patronage, of Filiation, shall neither jointly nor separately give a Right to reform; and therefore the Reformations which have been introduc'd under that colour, or by any other Compacts, shall be null and void, the Lezed shall be restor'd and all such things for the future shall cease.|
|[Art. V,45 IPO ← § 47 IPM] 35. With regard to all sorts of Revenues appertaining to Ecclesiastical Goods and the Possessors thereof, the same thing shall be observ'd as was ordain'd in the Peace of Religion, at the Paragraph, In like manner the States of the Confession of Augsburg, etc. and at the Paragraph, As also to the States which have formerly, &c.|
[Art. V,46 IPO ← § 47 IPM]
But the Revenues, Quit-Rents, Tithes, Rents, which by virtue of the said Peace of
Religion are due to the States of the Augsburg Confession upon the account of the
Ecclesiastical Foundations immediate or mediate, acquir'd before or after the
Religious Peace from the Catholicks, and whereof those of the said Confession have
been in possession, or quasi in possession, the first Day of January in the Year 1624.
shall be paid them without any Exception.
36. In like manner, if the States of the Confession of Augsburg have possess'd by Custom or legal Concession any Rights of Protection, Advocacy, Overture, Hospitality, Averrage, or any others, in the Domains and Goods of Catholick Ecclesiasticks, situated either within or without the Territories; and likewise if any such Right belong to the Catholick States within or without the Ecclesiastical Possessions acquir'd by the States of the Confession of Augsburg, they shall all bona fide keep possession of those Rights they have enjoy'd, but so that the Revenues of Ecclesiastical Goods be not too much burden'd or exhausted.
[Art. V,47 IPO ← § 47 IPM]
37. The Revenues, Tithes, Quit-Rents and Rents, which are due by other Territories
to the States of the Confession of Augsburg, for the Foundations that are at present
ruin'd and demolish'd, shall likewise be paid to those who were in possession, or
quasi in possession of them, the first of January 1624. 38. And as to the Foundations
which since the Year 1624. have been destroy'd, or which shall become ruinous for
the future, the Revenues thereof shall be paid, even in the other Territories, to the
Lord of the Monastery that is destroy'd, or of the Place where the Monastery was
39. In like manner, the Foundations which had a Right or a quasi Right to the Tithes of Church-Lands in another Territory, shall also have the same for the future; but no new Right shall be demanded. Amongst the other States and Subjects of the Empire, the Right of Tithes of Church- Lands shall be such as common Law, or the Custom, or Usage of every place ordains, or according as has been agreed by voluntary Stipulations.
[Art. V,48 IPO ← § 47 IPM]
40. Diocesan Right, and all Ecclesiastical Jurisdiction of whatever kind, shall remain
in suspence, until the final Accommodation of Religious Differences, as to the
Electors, Princes and States of the Confession of Augsburg, the free Nobility of the
Empire, and their Subjects, as well amongst the Catholicks and those of the
Confession of Augsburg, as among the States of the Augsburg Confession only; and
the Diocesan Right, and the Ecclesiastical Jurisdiction shall be reform'd within the
Bounds of each Territory.
However, in order to obtain the Payment of the Revenues, Quit-Rents, Tithes and Rents which shall be due to the Catholicks out of the Domains of the States of the Confession of Augsburg, where the Catholicks were notoriously possess'd or quasi possess'd of the Exercise of the Ecclesiastical Jurisdiction, the said Catholicks shall from henceforth likewise enjoy the said Jurisdiction; but this shall go no further than exacting and demanding the said Revenues: and they shall proceed to no Excommunication, but after a third Summons.
The Provincial States and Subjects of the Confession of Augsburg, who in the Year 1624. acknowledg'd the Ecclesiastical Jurisdiction of the Catholicks, shall in like manner remain subject to the foresaid Jurisdiction in Cases which do not concern the Confession of Augsburg; and provided they be not enjoin'd, on occasion of Law- Suits, any thing contrary to the said Confession of Augsburg, or to Conscience.
The Magistrates of the Confession of Augsburg shall also have the same Right over their Catholick Subjects, who in the Year 1624. enjoy'd the publick Exercise of the Catholick Religion, saving the Diocesan Right, as the Bishops exercis'd it peaceably over them in the Year 1624.
|[Art. V,49 IPO ← § 47 IPM] but in the Towns of the Empire where the Exercise of both Religions is in use, the Bishops shall have no Jurisdiction over the Burgesses of the Confession of Augsburg; however the Catholicks shall in justice claim the Right which they had in the said Year 1624.|
[Art. V,50 IPO ← § 47 IPM]
41. The Magistrates of the one and the other Religion shall severely forbid any
Person to impugn in any place, in publick or in private, by preaching, teaching,
disputing, writing or consulting, the Transaction of Passau, the Peace of Religion,
and, above all, the present Declaration or Transaction; or to render them doubtful, or
endeavour to draw from them Consequences or Propositions contrary to the
Intentions and Meaning of them: and whatsoever has been already produc'd or
publish'd to the contrary, shall be null.
But if any doubt should arise from thence or from any other thing, or if any of the Matters which concern the Peace of Religion or this Transaction should result from thence, the whole shall be regulated in an amicable way, in the Dyets or other Assemblies of the Empire, by the chief Persons of the one and the other Religion.
[Art. V,51 IPO ← § 47 IPM]
42. In the ordinary Assemblies of the Deputies of the Empire, the Number of the
Chiefs of the one and the other Religion shall be equal: and as to the Persons or
Estates of the Empire that must be added to them, that shall be regulated in the next
Dyet. If there come into these Assemblies Deputies, as well as they come to the
general Dyets, whether from one, two, or three Colleges of the Empire, upon any
account or matter whatsoever, the Number of the Deputies of the Heads of the one
and the other Religion shall be equal.
And if there be Officers to be dispatch'd in the Empire by extraordinary Commissions, if the matter relates only to the States of the Confession of Augsburg, none but those of that Religion shall be deputed: but if the Affair only regards the Catholicks, none but Catholicks shall be deputed. And if the matter concerns both the Catholick States and those of the Confession of Augsburg, Commissioners shall be nominated and appointed in an equal number out of the one and the other Religion. It has likewise been found good, That the Commissioners report the Affairs done by them, and give their Suffrages thereto; but that they finish nothing by Form of Sentence.
[Art. V,52 IPO ← § 47 IPM]
43. In matters of Religion, and in all other Affairs, wherein the States cannot be
consider'd as one Body, and when the Catholick States and those of the Confession
of Augsburg are divided into two Parties; the Difference shall be decided in an
amicable way only, without any side's being tied down by a Plurality of Voices.
However, as to what concerns the Plurality of Voices in the matter of Impositions, that Affair not being capable of being decided in the present Assembly, it shall be remitted to the next Dyet.
[Art. V,53 IPO ← § 47 IPM]
44. Moreover, whereas upon the account of the Changes that have happen'd thro the
present War, and upon other accounts, many things have been alledg'd for
transferring the Tribunal of the Imperial Chamber to some other more convenient
place for all the States of the Empire, and also for presenting the Judg, Presidents,
Assessors, and other Officers of Justice, in an equal number out of both Religions,
and likewise for regulating other Affairs appertaining to the said Imperial Chamber,
which cannot be entirely dispatch'd in the present Assembly, because of the
Importance of the Case, it is agreed, That they shall be treated of in the next Dyet,
and that the Deliberations touching the Reformation of Justice, agitated in the
Assembly of the Deputies at Frankfort, shall have their effect; and that if any thing
shall appear to be wanting, the same shall be supply'd and amended.
In the mean time, to the end that this Affair may not remain altogether in an uncertainty, it is mutually agreed, That besides the Judg and the four Presidents (whereof two of those who are to be of the Augsburg Confession shall be establish'd by his Imperial Majesty alone) the Number of Assessors of the Chamber shall be increas'd to fifty in all; so that the Catholicks may, and shall be oblig'd to present twenty six Assessors, including therein the two Assessors, the presenting of whom is reserv'd to the Emperor, and the States of the Confession of Augsburg twenty four: and that it shall be lawful to take and chuse out of each Circle of a mixt Religion, two Catholicks and two of the Confession of Augsburg; the other Matters which regard the said Chamber, having been remitted, as is said, to the next Dyet.
|[Art. V,54 IPO ← § 47 IPM] Wherefore the Circles shall be exhorted to present in time the new Assessors, who shall be substituted in the foresaid Chamber in the room of those deceas'd, according to the Table inserted at the end of the next Paragraph. The Catholicks shall also agree in time about the Order of their presenting; and his Imperial Majesty shall appoint, that not only in this Chamber the Ecclesiastical and Political Affairs, debated betwixt the Catholicks and the States of the Confession of Augsburg, or between these last only, or when Catholicks plead against Catholick States, a Third intervening shall be of the Confession of Augsburg; and reciprocally when those of the Confession of Augsburg shall plead against others of the same Confession, a Catholick State shall intervene, and shall discuss and judg the matter by calling in Assessors, chosen in an equal number out of both Religions; but that the same thing shall also be observ'd in the Aulick Chamber: and for that end, his said Majesty shall chuse out of Circles of the Augsburg Confession only, or jointly with those of the Catholick Religion, certain Subjects of the Confession of Augsburg learned and conversant in the Affairs of the Empire, however in such number, that upon occasion there may be an Equality of Judges of both Religions. The same thing shall also be observ'd with relation to Equality of Assessors, as often as an immediate State of the Confession of Augsburg shall be cited by a mediate Catholick State, or as an immediate Catholick State shall be cited by a mediate State of the Confession of Augsburg.|
|[Art. V,55 IPO ← § 47 IPM] 45. As to the judiciary Procedure, the Regulation of the Imperial Chamber shall also be observ'd in the Aulick Chamber in every respect. Then to the end that the Appellants may not be destitute of all Assistance by way of Suspension, instead of the Revisal us'd in that Chamber, it shall be lawful for the wrong'd Party to appeal to his Imperial Majesty from the Sentence given by the Council, that so the Process may be review'd a-new by other Counsellors in an equal number out of both Religions, capable of judging where the stress of the matter lies, no ally'd to any of the Parties, and who have not been concern'd in drawing up or pronouncing the former Sentence, or at least who have not been the Judges that reported the Process or Cause. And it shall be lawful for his Imperial Majesty, in matters of consequence, and from which some Disorder in the Empire might be fear'd, to ask the Advice and Suffrage of some Electors and Princes of both Religions.|
[Art. V,56 IPO ← § 47 IPM]
The visiting of the Aulick Council by the Elector of Mentz shall be as often as shall
be necessary, observing what shall be judg'd fit and proper to be observ'd in the next
Dyet by the common Consent of the States.
But if any Doubts occur touching the Interpretation of the Imperial Constitutions, and the publick Recesses, or if in Judgments of Ecclesiastical and Political Causes debated between the Parties afore-mention'd, after their having been examin'd in open Court by a number of Judges always equal on both sides, there should arise contrary Opinions from the Parity of the Assessors of the one and the other Religion, the Catholick Assessors holding for one side, and those of the Confession of Augsburg for the other; in that case they shall be remitted to a general Dyet of the Empire. But if two or more Catholicks, with one or two Assessors of the Confession of Augsburg, should reciprocally embrace one Opinion, and the rest in equal Number, altho unequal in Religion, should maintain another, and from thence a Difference should arise, in that case the matter shall be terminated by the Order of the Chamber, and no Reference thereof shall be made to a Dyet. All which things shall be observ'd in the Causes and Processes of the States, including therein the immediate Nobility of the Empire, whether they be Defendants or Interveners. But if among the mediate States the Appellant or Defendant, or a Third intervening be of the Confession of Augsburg, and demand a Parity of Judges from among the Assessors of the one and the other Religion, that Parity shall be granted; and if an Equality of Voices happens then, no Reference thereof shall be made to the Dyet, but the Process shall be terminated according to the Order of the Chamber.
For the rest, the Privilege of the first Instance, and the Rights and Privileges of not appealing, shall be entirely left to the States of the Empire, as well in the Aulick Council, as in the Imperial Chamber; and they shall not be molested or vex'd in them, either by a Mandamus, or by Commissions or Evocations, or any other way.
In fine, as mention has likewise been made of abolishing the Imperial Court of Rotweil, and the Provincial Courts of Swabia, and others establish'd in several places in the Empire; the matter having been thought very important, the Deliberation thereof has also been remitted to the next Dyet.
[Art. V,57 IPO ← § 47 IPM]
The Assessors of the Confession of Augsburg shall be presented,
|[Art. V,58 IPO ← § 47 IPM] And altho no mention be made in this Table of the States of the Empire of the Confession of Augsburg, which are comprehended under the Circle of Bavaria, yet that shall not turn to their prejudice; but their Rights, Liberties and Privileges shall remain in their entire State.|
deutsch 1649 |
deutsch 1720 |
deutsch 1975 |
deutsch 1984 |
französisch 1754 | italienisch 1648 | schwedisch 1649 | spanisch 1750