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... And tho by the precedent general Rule it may be
easily judg’d who those are, and how far the Restitution extends; nevertheless,
it has been thought fit to make a particular mention of the following Cases
of Importance, but yet so that those which are not in express Terms nam’d,
are not to be taken as if they were excluded or forgot. ...
... That if it should happen that the Male Branch
of William should be intirely extinct, and the Palatine Branch still subsist,
not only the Upper Palatinate, but also the Electoral Dignity of the Dukes
of Bavaria, shall revert to the said surviving Palatine, who in the mean
time enjoys the Investiture: but then the eighth Electorate shall be intirely
suppress’d. Yet in such case, nevertheless, of the return of the Upper
Palatinate to the surviving Palatines, the Heirs of any Allodian Lands
of the Bavarian Electors shall remain in Possession of the Rights and Benefices,
which may lawfully appertain to them. ...
... That Sentences pronounc’d during the War about
Matters purely Secular, if the Defect in the Proceedings be not fully manifest,
or cannot be immediately demonstrated, shall not be esteem’d wholly void;
but that the Effect shall be suspended until the Acts of Justice (if one
of the Partys demand the space of six months after the Publication of the
Peace, for the reviewing of his Process) be review’d and weigh’d in a proper
Court, and according to the ordinary or extraordinary Forms us’d in the
Empire: to the end that the former Judgments may be confirm’d, amended,
or quite eras’d, in case of Nullity. ...
... As for the finding out of equitable and expedient
means, whereby the Prosecution of Actions against Debtors, ruin’d by the
Calamitys of the War, or charg’d with too great Interests, and whereby
these Matters may be terminated with moderation, to obviate greater inconveniences
which might arise, and to provide for the publick Tranquillity; His Imperial
Majesty shall take care to hearken as well to the Advices of his Privy
Council, as of the Imperial Chamber, and the States which are to be assembled,
to the end that certain firm and invariable Constitutions may be made about
this Matter And in the mean time the alledg’d Reasons and Circumstances
of the Partys shall be well weigh’d in Cases brought before the Sovereign
Courts of the Empire, or Subordinate ones of States and no body shall be
oppress’d by immoderate Executions; and ail this without prejudice to the
Constitution of Holstein. ...
... The Emperor above all things shall publish an
Edict thro’out the Empire, and strictly enjoin all, who by these Articles
of Pacification are oblig’d to restore or do any thing else, to obey it
promptly and without tergi-versation, between the signing and the ratifying
of this present Treaty; commanding as well the Directors as Governors of
the Militia of the Circles, to hasten and finish the Restitution to be
made to every one, in conformity to those Conventions, when the same are
demanded. This Clause is to be inserted also in the Edicts, That whereas
the Directors of the Circles, or the Governors of the Militia of the Circles,
in matters that concern themselves, are esteem’d less capable of executing
this Affair in this or the like case and likewise if the Directors and
Governors of the Militia of the Circles refuse this Commission, the Directors
of the neighbouring Circle, or the Governors of the Militia of the Circles
shall exercise the Function, and officiate in the execution of these Restitutions
in the other Circles, at the instance of the Partys concern’d. ...
... If any of those who are to have something restor’d
to them, suppose that the Emperor’s Commissarys are necessary to be present
at the Execution of some Restitution (which is left to their Choice) they
shall have them. In which case, that the effect of the things agreed on
may be the less hinder’d, it shall be permitted as well to those who restore,
as to those to whom Restitution is to be made, to nominate two or three
Commissarys immediately after the signing of the Peace, of whom his Imperial
Majesty shall chuse two, one of each Religion, and one of each Party, whom
he shall injoin to accomplish without delay all that which ought to be
done by virtue of this present Treaty. If the Restorers have neglected
to nominate Commissioners, his Imperial Majesty shall chuse one or two
as he shall think fit (observing, nevertheless, in all cases the difference
of Religion, that an equal number be put on each side) from among those
whom the Party, to which somewhat is to be restor’d, shall have nominated,
to whom he shall commit the Commission of executing it, notwithstanding
all Exceptions made to the contrary; and for those who pretend to Restitutions,
they are to intimate to the Restorers the Tenour of these Articles immediately
after the Conclusion of the Peace. ...
... If any of those who are to have something restor’d
to them, suppose that the Emperor’s Commissarys are necessary to be present
at the Execution of some Restitution (which is left to their Choice) they
shall have them. In which case, that the effect of the things agreed on
may be the less hinder’d, it shall be permitted as well to those who restore,
as to those to whom Restitution is to be made, to nominate two or three
Commissarys immediately after the signing of the Peace, of whom his Imperial
Majesty shall chuse two, one of each Religion, and one of each Party, whom
he shall injoin to accomplish without delay all that which ought to be
done by virtue of this present Treaty. If the Restorers have neglected
to nominate Commissioners, his Imperial Majesty shall chuse one or two
as he shall think fit (observing, nevertheless, in all cases the difference
of Religion, that an equal number be put on each side) from among those
whom the Party, to which somewhat is to be restor’d, shall have nominated,
to whom he shall commit the Commission of executing it, notwithstanding
all Exceptions made to the contrary; and for those who pretend to Restitutions,
they are to intimate to the Restorers the Tenour of these Articles immediately
after the Conclusion of the Peace. ...