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Englische anonyme Übersetzung des IPO (1713)
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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),
437-441.
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| | englisch 1713 | |
| | Artikel XV IPO | |
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[Art. XV,1 IPO = § 48 IPM]
XV. As to the Affair of Hesse-Cassel, that which follows has been agreed upon.
1. In the first place, the Family of Hesse-Cassel, and all the Princes thereof, especially
the Lady Amelia Elizabeth, Landgravine of Hesse, and Prince William her Son, and
their Heirs, Ministers, Officers, Vassals, Subjects, and others ingag'd in their Service
in any manner whatsoever, without any Exception, notwithstanding any Contracts,
Processes, Prescriptions, Declarations, Sentences, Executions and Transactions to the
contrary (all which, as well as Actions or Pretensions upon account of Damages or
Injuries from Neutrals, and such as carry'd Arms, shall remain void and null) shall
fully enjoy the General Amnesty formerly establish'd, with an entire Restitution, to
take place from the Commencement of the War in Bohemia (except the hereditary
Vassals and Subjects of his Imperial Majesty, and of the House of Austria, as it is
regulated in the Paragraph, In fine all, &c.) as also all the Advantages flowing from
that Amnesty, and the religious Peace, with the like Right that other States enjoy, as
it is regulated in the Article which begins, With the common Consent also, etc.
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[Art. XV,2 IPO = § 49 IPM]
2. In the second place, the House of Hesse-Cassel, and the Successors thereof, shall
keep the Abby of H[er]sfeld, with all its Appurtenances, Secular and Ecclesiastical,
situated without or within its Territory (as the Provostship of Gelingen;) saving
nevertheless the Rights which the House of Saxony has possess'd there time
immemorial; and for that end they shall demand Investiture of his Imperial Majesty,
as often as shall be requisite, and shall take an Oath of Fidelity for the same.
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[Art. XV,3 IPO = § 50 IPM]
3. In the third place, the Right of Dominium directum et utile to the Bailliages of
Schaumberg, Buckenburg, Saxenhagen and Stratthagen [!], formerly made over and
adjudg'd to the Bishop of Minden, shall from henceforth belong to William
Landgrave of Hesse, and his Successors fully and for ever, without any Dispute or
Trouble from the said Bishop or any other; saving nevertheless the Transaction
betwixt Christian Lewis Duke of Brunswick-Lunenburg, the Landgrave of Hesse,
and Philip Count of Lippe, the Convention between the said Landgrave and the said
Count remaining likewise in its Force and Vigour.
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[Art. XV,4 IPO = § 51 IPM]
Moreover, it is agreed, That for the Restitution of the Places possess'd during this
War, and by form of Indemnity, the Sum of six hundred thousand Rixdollars, of the
Value and Goodness regulated by the last Imperial Constitutions, shall be paid,
during the space of nine months, reckoning from the time of the Ratification of the
Peace, to the Lady the Landgravine of Hesse, and her Son, or to her Successors
Princes of Hesse, by the Archbishopricks of Mentz and Cologne, the Bishopricks of
Paderborn and Munster, and the Abby of Fulde in the City of Cassel, at the Charge
and Hazard of the Payers, without admitting any Exception or Pretext for hindring
the promis'd Payment; and far less may any Arrest or Seizure be made of the Sum
agreed.
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[Art. XV,5 IPO = § 52 IPM]
And to the end that my Lady the Landgravine of Hesse may be so much the better
assur'd of Payment, she shall keep and retain, on the following Conditions, Nuys,
Coesfeld and Newhauss, and have Garisons in those Places, which shall depend
upon none but her self; but on this Condition, That besides the Officers and others
necessary for the Garisons, those of the three foremention'd Places shall not exceed
the number of twelve hundred Foot and a hundred Horse, leaving to my Lady
Landgravine the Disposal of the number of the Cavalry and Infantry which she shall
please to put into each of these Places, and what Governours she shall appoint.
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[Art. XV,6 IPO = § 53 IPM]
The Garisons shall be maintain'd according to the Order commonly observ'd
hitherto in the Maintenance of the Officers and Soldiers of Hesse; and whatever
shall be necessary for keeping up the Fortresses, shall be furnish'd by the
Archbishopricks and Bishopricks, in which the said Fortresses and Towns are
situated, without diminution of the Sum afore-mention'd. It shall be lawful for the
said Garisons to distrain the Recusants and Negligent, but not beyond the due Sum.
In the mean time, the Rights of Souvereignty, and the Jurisdiction both in
Ecclesiasticals and Temporals, as also the Revenue of the said Fortresses and Towns,
shall be preserv'd for the Lord the Archbishop of Cologn.
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[Art. XV,7-9 IPO = §§ 54-55 IPM]
But so soon as three hundred thousand Rixdollars shall have been paid to my Lady
Landgravine after the Ratification of the Peace, she shall render up Nuys, and keep
only Coesfeld and Newhauss; however she shall not put the Garison that goes out of
Nuys into Coesfeld and Newhauss, nor demand any thing upon that account: nor
shall the Garison of Coesfeld exceed the number of six hundred Foot and fifty
Horse, or that of Newhauss the number of a hundred Foot. And if the whole Sum be
not paid to my Lady Landgravine within the space of nine months, not only
Coesfeld and Newhauss shall remain in her hands till the entire Payment thereof,
but likewise she shall receive Interest for the rest of the Sum at the rate of 5 per Cent.
till the whole shall have been paid off: And the Treasurers and Receivers of the
Bailliages belonging to the said Archbishopricks, Dutchies and Abbeys, and the
Places contiguous to the Principality of Hesse, which shall stand good for the
Payment of the said Interests, shall oblige themselves by Oath to my Lady
Landgravine to pay her out of the Mony they receive the annual Interests of the
remaining Sum, even altho their Masters should forbid it.
And if the Treasurers and Receivers delay Payment, or employ the Revenues
otherwise, my Lady Landgravine may use all means to constrain them to make
Payment; the other Rights of the Master or Proprietor remaining in their first state.
But so soon as my Lady Landgravine shall have receiv'd the whole Sum with the
Arrears of the Garison, she shall restore the forenam'd Places kept by her as a
Security, the Interests shall cease, and the Treasurers and Receivers shall be free of
their Oath.
As to the Bailliages, out of the Revenue of which, Interest shall have been paid in
case of Delay, that shall be provisionally agreed before the Ratification of the Peace;
which Agreement shall be of equal force with this present Treaty of Peace.
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[Art. XV,10-11 IPO = § 56(1)-(2) IPM]
Besides the Places which shall be left to my Lady Landgravine by way of Security, as
has been said, and which shall be given up by her after Payment; she shall restore in
the mean while, immediately after the Ratification of the Peace, all the Provinces and
Bishopricks, and all their Towns, Bailliages, Burghs, Fortresses, Forts; and in fine, all
the immovable Goods and Rights by her occupy'd during these Wars: but so that not
only my Lady Landgravine and her said Heirs shall get back all the Ammunitions
and Provisions that she shall have put into these three cautionary Places, and in the
others to be restor'd by her (for as to such Ammunitions and Provisions that she has
not brought, but found there when she was put in possession of the said Places, and
which are yet there, they shall remain in the said Places) but also the Fortifications
and Ramparts that have been rais'd during the time of her possessing these Places,
shall be destroy'd and demolish'd; but the Towns, Burghs, Castles and Fortresses,
shall not be expos'd to Invasion and Pillage.
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[Art. XV,12 ± § 57 IPM]
And altho my Lady Landgravine has not exacted any thing of any Person upon the
account of Restitution and Indemnity, unless from the Archbishopricks of Mentz
and Cologn, the Bishopricks of Paderborn and Munster, and the Abbey of Fulde, nor
desires that any thing should be paid her by any other upon that score; yet
considering the Equity and State of Affairs, the Assembly has thought good, without
prejudice to the Regulation in a preceding Paragraph, which begins, Moreover, it has
been agreed, etc. that all the other States whatsoever on this or the other side the
Rhine, which have paid Contribution to the Hessians since the first of March this
Year, shall furnish, in proportion of the Contribution by them paid during that
whole time, their Quota to the said Archbishopricks, Bishopricks and Abbey, to
make up the above-mention'd Sum, and for the Maintenance of the Garisons: And if
any one suffer Damage by the Delay of others Payment, the Delayers shall be oblig'd
to repair the same; and the Officers and Soldiers of his Imperial Majesty, of the most
Christian King [!], and of the Lady Landgravine of Hesse, shall not hinder their
being constrain'd thereto. Nor shall it be lawful for the Hessians to exempt any one
in prejudice of this Declaration, but such as shall have paid their Quota shall from
henceforth be exempted of all Charges.
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[Art. XV,13 IPO = § 58 IPM]
As to what concerns the Differences between the Houses of Hesse-Cassel and
Darmstadt, touching the Succession of Marburg, seeing they were entirely
accommodated on the 14th of April last, by the unanimous Consent of both Parties;
it has been thought good, that that Transaction with all its Clauses, Appurtenances,
and Dependencies, as it was made and sign'd at Cassel by the interested Parties, and
represented in this Assembly, shall in virtue of the present Treaty have the same
force as if it was inserted therein word for word, and that it may not be infring'd by
the Parties contracting, nor by any other upon any pretence, whether of Contract,
Oath, or any other thing; but that it shall be exactly observ'd by all, altho any of such
as are interested should perhaps refuse to confirm it.
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[Art. XV,14 IPO = § 59 IPM]
In like manner the Transaction betwixt the late William Landgrave of Hesse,
Christian and Wolrad Counts of Waldeck, made the 11th of April 1635. and ratify'd
by George Landgrave of Hesse the 14th of April 1648. shall have full and perpetual
Force by virtue of this Pacification, and shall equally oblige all the Princes of Hesse,
and all the Counts of Waldeck.
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[Art. XV,15 IPO = § 60 IPM]
That the Right of Primogeniture introduc'd into the House of Hesse-Cassel, and that
of Darmstadt, shall remain firm, and be inviolably observ'd.
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