Treaty of Westphalia

XXXIII.

That the Princes of Wirtemberg, of the Branches of Montbeillard, shall be
re-establish’d in all their Domains in Alsace, and wheresoever they be
situated, but particularly in the three Fiefs of Burgundy, Clerval, and
Passavant: and both Partys shall re-establish them in the State, Rights
and Prerogatives they enjoy’d before the Beginning of these Wars.

XXXIV.

That Frederick, Marquiss of Baden, and of Hachberg, and his Sons and
Heirs, with all those who have serv’d them in any manner whatsoever, and
who serve them still, of what degree they may be, shall enjoy the Amnesty
above-mention’d, in the second and third Article, with all its Clauses
and Benefices; and by virtue thereof, they shall be fully re-establish’d
in the State Ecclesiastical or Secular, in the same manner as the Lord
George Frederick Marquiss of Beden and of Hachberg, possess’d, before the
beginning of the Troubles of Bohemia, whatever concern’d the lower
Marquisate of Baden, call’d vulgarly Baden Durlach, as also what
concern’d the Marquisate of Hachberg, and the Lordships of Rottelen,
Badenweiller, and Sausenberg, notwithstanding, and annulling all the
Changes made to the contrary. After which shall be restor’d to Marquiss
Frederick, the Jurisdictions of Stein and Renchingen, without being
charg’d with Debts, which the Marquiss William has contracted during that
time, by Reason of the Revenues, Interests and Charges, put down in the
Transaction pass’d at Etlingen in the Year 1629. and transfer’d to the
said William Marquiss of Baden, with all the Rights, Documents, Writings,
and other things appertaining; so that all the Plea concerning the
Charges and Revenues, as well receiv’d as to receive, with their Damages
and Interests, to reckon from the time of the first Possession, shall be
intirely taken away and abolish’d.

XXXV.

That the Annual Pension of the Lower Marquisate, payable to the Upper
Marquisate, according to former Custom, shall by virtue of the present
Treaty be intirely taken away and annihilated; and that for the future
nothing shall be pretended or demanded on that account, either for the
time past or to come.

XXXVI.

That for the future, the Precedency and Session, in the States and Circle
of Swabia, or other General or Particular Assemblys of the Empire, and
any others whatsoever, shall be alternative in the two Branches of Baden;
viz. in that of the Upper, and that of the Lower Marquisate of Baden: but
nevertheless this Precedency shall remain in the Marquiss Frederick
during his Life. It has been agreed, touching the Barony of Hohengerolt
Zegk that if Madam, the Princess of Baden, verifies the Rights of her
Pretension upon the said Barony by authentick Documents, Restitution
shall be made her, according to the Rights and Contents of the said
Documents, as soon as Sentence shall be pronounc’d. That the Cognizance
of this Cause shall be terminated within two Years after the Publication
of the Peace: And lastly, no Actions, Transaction, or Exceptions, either
general or particular, nor Clauses comprehended in this Treaty of Peace,
and whereby they would derogate from the Vigour of this Article, shall be
at any time alledg’d by any of the Partys against this special Agreement.
The Paragraphs, the Duke of Croy, &c. As for the Controversy of
Naussau-Siegen, &c. To the Counts of Naussau, Sarrepont, &c. The House of
Hanau, &c. John Albert Count of Solms, &c. as also, Shall be
re-establish’d the House of Solms, Hohensolms, &c. The Counts of
Isemburg, &c. The Rhinegraves, &c. The Widow of Count Ernest of Sainen,
&c. The Castle and the County of Flackenstein, &c. Let also the House of
Waldeck be re-establish’d, &c. Joachim Ernest Count of Ottingen, &c.
Item, The House of Hohenlo, &c. Frederick Lewis, &c. The Widow and Heirs
of the Count of Brandenstein, &c. The Baron Paul Kevenhuller, &c. shall
be understood to be inserted in this place word by word, as they are put
down in the Instruor Treaty between the Empire and Swedeland.

XXXVII.

That the Contracts, Exchanges, Transactions, Obligations, Treatys, made
by Constraint or Threats, and extorted illegally from States or Subjects
(as in particular, those of Spiers complain, and those of Weisenburg on
the Rhine, those of Landau, Reitlingen, Hailbron, and others) shall be so
annull’d and abolish’d, that no more Enquiry shall be made after them.

XXXVIII.

That if Debtors have by force got some Bonds from their Creditors, the
same shall be restor’d, but not with prejudice to their Rights.

XXXIX.

That the Debts either by Purchase, Sale, Revenues, or by what other name
they may be call’d, if they have been violently extorted by one of the
Partys in War, and if the Debtors alledge and offer to prove there has
been a real Payment, they shall be no more prosecuted, before these
Exceptions be first adjusted. That the Debtors shall be oblig’d to
produce their Exceptions within the term of two years after the
Publication of the Peace, upon pain of being afterwards condemn’d to
perpetual Silence.

XL.

That Processes which have been hitherto enter’d on this Account, together
with the Transactions and Promises made for the Restitution of Debts,
shall be look’d upon as void; and yet the Sums of Money, which during the
War have been exacted bona fide, and with a good intent, by way of
Contributions, to prevent greater Evils by the Contributors, are not
comprehended herein.

Author: international

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