| |
Englische anonyme Übersetzung des IPO (1713)
| |
| |
Kollationsvorlage:
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),
425-430.
| |
| |
| | englisch 1713 | |
| | Artikel XI IPO | |
| |
| |
| |
[Art. XI,1 IPO # IPM]
XI. In order to give an equivalent Compensation to the Lord Frederick William,
Elector of Brandenburg, who, to advance the General Peace, gave up the Rights
which he had upon the hither Pomerania, Rugen, and the Provinces and Places
thereto annex'd; the Bishoprick of Halberstadt, with all its Rights, Privileges,
Regalian Rights, Territories, and Goods Ecclesiastical and Secular, by whatever
name they are call'd, without any exception, shall be yielded in perpetual and
immediate Fief of the Empire by the Emperor, with Consent of the States of the
Empire, and especially of those concern'd, after the Peace shall be concluded and
ratify'd betwixt the two Crowns and the States of the Empire, to the said Elector and
his Male Successors, Heirs and Cousins of the Father's side: among others to
Marquiss Christian William, formerly Administrator of the Archbishoprick of
Magdeburg; Christian of Culmbach, and Albert of Onoltzbach, and their Successors
and Heirs Male; and that the foresaid Elector shall be presently put in the peaceable
and real possession of that Bishoprick, and have on that score a Seat and Voice in the
Imperial Dyets, and in the Circle of Lower Saxony.
But he shall leave Religion and the Ecclesiastical Goods in the same state that they
were regulated by the Archduke Leopold William, in the Convention made with the
Chapter of the Cathedral: But so that notwithstanding that, the Bishoprick shall
remain hereditary to the Elector and to his whole House, and to his Male Relations
of the Father's side above-mention'd, their Successors and Heirs Male, in the order
they ought to succeed to one another, without any Right remaining to the Chapter,
in Election and Presentation, or in the Government of the Bishoprick, or any other
thing thereunto appertaining; but the said Elector, and the rest according to the
Order of succeeding, shall enjoy in that Bishoprick the same Right and Power which
the other Princes of the Empire enjoy in their Territories; and it shall also be lawful
for them to extinguish the fourth part of the Canonicates (except the Provostship,
which shall not be included in that number) according as those of the Confession of
Augsburg, who possess them at present, come to die, and to incorporate the
Revenues thereof into the Episcopal Mannor. And if there should not be Canons
enough of the Confession of Augsburg to make the fourth part of the whole Body,
when the Provostship is excepted, it shall be supply'd out of the number of the
Catholicks who shall come to die.
| |
|
| |
[Art. XI,2 IPO # IPM]
As also forasmuch as the County of Hohenstein (for that part of it which is a Fief of
the Bishoprick of Halberstadt, consisting of the two Bailliages of Lora and
Kletenberg, and of some other Burghs, with the Goods and rights thereto
appertaining) was reunited after the Death of the last Count of that Family, to that
Bishoprick, and possess'd ever to this time by the Archduke Leopold William, as
Bishop of Halberstadt; the said County shall also remain irrevocably united to that
Bishoprick, with free liberty to the said Elector to dispose of it as hereditary
Possessor of the Bishoprick of Halberstadt, notwithstanding all Contest, of what
Force or Authority soever it be, or by whomsoever form'd.
| |
|
|
| |
[Art. XI,3 IPO # IPM]
The said Elector shall also be oblig'd to maintain the Count of Tattembach in
possession of the County of Rheinstein, and to renew the same Investiture which the
Archduke confer'd upon him with Consent of the Chapter.
| |
|
|
| |
[Art. XI,4 IPO # IPM]
There shall also be yielded by his Imperial Majesty, with Consent of the States of the
Empire, to the foresaid Elector, for him and his Successors above-mention'd in
perpetual Fee, and in the same manner that the Bishoprick of Halberstadt was, the
Bishoprick of Minden, with all its Rights and Appurtenances, for the said Elector
and his Heirs and Successors, to be put in the real and peaceable possession thereof,
immediately after the Conclusion and Ratification of the present Pacification, and on
that score the said Elector shall have a Seat and Voice in the general and particular
Dyets of the Empire, as well as in those of the Circle of Westphalia; saving to the
City of Minden its Immunities and Rights, in things sacred and profane, and its
entire and mix'd Jurisdiction in Criminal and Civil Causes; especially the Right of
Banlieuë, and the Exercise of that Jurisdiction granted, and, for the time being,
accepted; as also the other Rights, Immunities and Privileges which lawfully
appertain to it, according to antient Usage; on condition however, that the Hamlets,
Villages and Houses which belong to the Prince, Chapter and the whole Clergy, and
the Order of Knights, which are respectively situated in the Territory, and within the
Walls of the City, shall be excepted; and for the rest, the Right of the Prince and of
the Chapter shall remain inviolable.
| |
|
|
| |
[Art. XI,5 IPO # IPM]
In like manner the Bishoprick of Camin shall be yielded and given over by the
Emperor and the Empire to the foresaid Elector and his Succcessors, with the same
Rights and in the same manner as the Bishopricks of Halberstadt and Minden have
been dispos'd of above; with this difference only, That in the Bishoprick of Camin
the foresaid Elector shall be at liberty to extinguish all the Canonicates, after the
death of the present Canons, and thus to add and incorporate in the time the whole
Bishoprick with further Pomerania.
| |
|
|
| |
[Art. XI,6 IPO # IPM]
The foresaid Elector shall in like manner have the Reversion of the Archbishoprick
of Magdeburg, yet in such a manner, that when it shall become vacant, either by the
Death of the present Administrator Augustus Duke of Saxony, or by the
Administrators succeeding to the Electorate [!], or in fine, by any other means, the
whole Archbishoprick with all the Territories thereto appertaining, Regalian and
other Rights, according to the manner of disposing of the Bishoprick of Halberstadt
as above, shall by yielded and given in perpetual Fief to the foresaid Elector, and his
Successors, Heirs and Cousins Male of the Father's side, notwithstanding all Election
and Presentation which might be secretely or publickly made during that time; and
he and they shall have Right to take the Possession of it, when vacant, by their own
proper Authority.
| |
|
|
| |
[Art. XI,7 IPO # IPM]
In the mean time the Chapter, with the States and Subjects of the foresaid
Archbishoprick, immediately after the Conclusion of the Peace, shall be bound to
oblige themselves for the future by Oath, to pay Fidelity and Subjection to the
foresaid Elector, to his whole Electoral House, and to his Successors, Heirs and
Cousins Male by the Father's side.
| |
|
|
| |
[Art. XI,8 IPO # IPM]
His Imperial Majesty shall renew to the City of Magdeburg, at the Instance by it
most humbly made to him, its antient Liberty and Privilege, granted to it by Otho I.
dated the 7th of June, 940. altho the same be lost thro the Injury of Time; as also the
Privilege of fortifying it, granted by the Emperor Ferdinand II. which Privilege
extends half a German League, with all Jurisdiction and Property; in like manner its
other Privileges shall remain in their force and inviolable, as well with relation to
Ecclesiasticals as Temporals, with a Clause inserted, importing, that Suburbs shall
not be built in prejudice of the City.
| |
|
|
| |
[Art. XI,9 IPO # IPM]
As to what concerns the four Bailliages or Prefectures of Querfert, Guterbok, Dam
and Bork, since they have been already yielded to the Elector of Saxony, they shall
likewise remain in his Power, however with this Reserve, that the Elector of Saxony
shall for the future contribute to the Collections of the Empire and of the Circle, the
Quota which has been contributed until this day for the said Bailliages; and the
Archbishoprick shall be discharg'd of it, and express mention thereof shall be made
in the Matricula of the Empire, and of the Circle.
And in order to repair in some measure the Diminution of the Revenues belonging
to the Chamber and Mannor of the Archbishop arising from thence, not only the
Prefecture of Eglen, which formerly belong'd to the Chapter, is given and yielded to
the Elector of Brandenburg, and his Successors, to possess the same, and enjoy the
full Right thereof, immediately after the Conclusion of the Peace (and the Suits
commenc'd on that score some years ago by the Counts of Barby remaining extinct
and bury'd) but likewise when he shall have obtain'd the possession of the
Archbishoprick, to extinguish the fourth part of the Canonicates of the Cathedral,
when they shall become vacant by Death, and to apply the Revenues thereof to the
Archiepiscopal Chamber.
| |
|
|
| |
[Art. XI,10 IPO # IPM]
The Debts formerly contracted by the present Administrator Augustus Duke of
Saxony, shall not be clear'd out of the Revenues of the Archbishoprick, in case it be
vacant or devolve, in the manner already specify'd, to the Elector of Brandenburg,
and his Successors; nor shall it be allow'd to the Administrator to charge for the
future the foresaid Archbishoprick with new Debts, Alienations and Ingagements in
prejudice of the Elector, and of his Successors and Relations Male.
| |
|
|
| |
[Art. XI,11 IPO # IPM]
The competent Rights and Privileges shall also be preserv'd to the States and
Subjects of the foresaid Archbishoprick and Bishoprick, especially the Exercise of the
Confession of Augsburg, as it is at present; and what has been transacted and agreed
in the matter of Grievances, between the States of the Empire of the one and the
other Religion, shall not be less regarded (in so far as they shall not be contrary to
the Regulation above in the Vth Article of Grievances, §. 8. which begins, The
Archbishopricks, Bishopricks, and other Ecclesiastical Goods, etc. and ends with
these words, and to this Transaction.) than if they were inserted here word for word,
and the foresaid Archbishopricks and Bishopricks shall belong to the Elector and the
House of Brandenburg, and to his Successors and Heirs by the Father's side for ever,
with hereditary and immutable Right, in the same manner that they have a Right
over their other hereditary Lands.
And as to what concerns the Title or Quality, it has been agreed, that the foresaid
Elector, with the whole House of Brandenburg, and all and singular the Marquisses
of Brandenburg, shall be call'd and qualify'd Dukes of Magdeburg, and Princes of
Halberstadt and Minden.
| |
|
|
| |
[Art. XI,12 IPO # IPM]
Her Majesty of Sweden shall also restore to the foresaid Elector, for him, his
Successors, Heirs and Relations Male by the Father's side; in the first place the rest of
the further Pomerania, with all its Appurtenances, Goods, Ecclesiastical and Secular
Rights in full Property, as well for the Dominium utile, as for the Dominium
directum. In the second place, the City of Colberg, with the whole Bishoprick of
Camin, and the whole Right which the Dukes of the further Pomerania formerly had
in the Collation of Dignities and Prebendships of the Chapter of Camin; but so that
the said Rights granted above to her Majesty of Sweden, shall entirely remain to her,
and that the said Elector shall confirm and preserve, in the best manner possible, to
the States and Subjects in the restor'd part of the further Pomerania, and in the
Bishoprick of Camin, at the renewing and paying of Homage, their competent
Liberty, and their Goods, Rights and Privileges, to enjoy them perpetually without
any Trouble, according to the Tenor of the Reversal Letters (which the States and
Subjects of the said Bishoprick are likewise to enjoy, as if they had been directly
granted to them) with the free Exercise of the Confession of Augsburg, in so far as it
has not been chang'd.
| |
|
|
| |
[Art. XI,13 IPO # IPM]
In the third place, all the Places which are at present possess'd by the Swedish
Garisons, upon the Borders of Brandenburg.
| |
|
|
| |
[Art. XI,14 IPO # IPM]
In the fourth place, all the Commanderies and Goods belonging to the Order of the
Knights of St. John, situated without the Territories which were granted to her
Majesty and the Crown of Sweden, together with the Acts, Registers, and other
Documents and original Papers which concern those places, and those Rights which
are to be restor'd. And as to the common Papers which concern both the hither and
further Pomerania, and which are either in the Archives or Chartularies of the Court
of Stetin, or elsewhere, without or within Pomerania, Copies thereof shall be given
in good and due Form.
| |
