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cause_n	authority_n	pope_n	power_n	1,442	5	4.9516	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49237	The treaty of peace called the Pyrenaean Treaty, between the crowns of France and Spain concluded and signed by His Eminency Cardinal Mazarin and Dom Lewis Mendez de Haro, plenipotentiaries of their most Christian and G[C]atholick Majesties, the Seventh of November, 1659 / printed in Paris by His Majesties command, and now faithfully rendred English.; Treaties, etc. Spain, 1659 Nov. 7	France.; France. Treaties, etc. Spain, 1659 Nov. 7.	1659 (1659)	Wing L3140; ESTC R1302	50,216	44

to be of the Dependences of Ayre or St. Omer neither his said Catholick Majesty nor the Kings his successors shall have power at any time to fortifie the said Renty LIV. All Papers Letters and Documents concerning the Countreys Lands and Lordships that are to remain to the Lord the most Christian King by the present Treaty of Peace shall be furnished and delivered him bona fide within three months after the exchanging of the Ratifications LV. By vertue of the present Treaty all the Catalonians and other Inhabitants of the said Province as well Prelates Ecclesiastical persons Religious persons Lords Gentlemen and Burgesses as other Inhabitants both of the Towns and of the Country none excepted shall have power to re-enter and shall effectually re-enter and be left and established in the possession and peaceable enjoyment of all their goods Honours Dignities Priviledges Franchises Rights Immunities Constitutions and Liberties and shall never be prosecuted troubled or molested either in general or in particular upon any cause or pretence whatsoever for any thing done since the beginning of the present War Aud for that end his Catholick Majesty shall grant and cause to be published in good form his Declarations of Amnisty and Pardon in the behalf of the said Catalonians which publication shall be made upon the same day as the publication of the Peace in consequence of which Declarations it shall be permitted to all and any of them in particular either personally to return to their houses and to the enjoyment of their goods or in case they be willing to settle their habitation any where else out of Catalonia they shall have liberty to do it and to send into the said Country of Catalonia their Agents and Attorneys to take in their names and for them the possessions of the said goods to improve and administer the same receive the fruits and revenues and transport the same whether they shall please so that they shall not be obliged personally to go and do homage for the Lands and Manors whereunto their Attorneys shall have power to satisfie in their name And their absence shall not hinder their free possession and enjoyment of the said goods which they shall have also liberty and all faculty to exchange or alienate by sale gift or otherwise Yet upon that condition that those they shall so commit for the management and improvement of their said estates be not suspected to the Governours or Magistrates of the places where such Estates are scituated in which case the owners shall appoint other persons that be acceptable and no way suspected Yet it remaining at the will and power of his Catholick Majesty to prescribe the place of the abode to such of the said Catalonians whose return into the Country shall not be acceptable to his Majesty Yet so that the other liberties and priviledges granted unto them and which they enjoyed shall not be repealed nor altered As also it shall remain at the will and power of his most Christian Majesty to prescribe the place of abode to such of the County of Roussillon Appurtenances and Dependences who have retired themselves into Spain whose return into the said County shall not be acceptable to his Majesty Yet so that the other liberties and priviledges granted to the said persons shall not be repealed nor altered LVI The Testamentary Successions or any other Donations whatsoever between living persons or others of the Inhabitants of Catalonia and of the County of Roussillon mutually made to one another shall remain equally permitted and inviolable and in case about the said Successions Donations or other acts and contracts there should happen betwixt them any differences whereby they should be obliged to plead and go to Law Justice shall be done on both sides with equality and bonâ fide although they be under the obedience of the other party LVII The Bishops Abbots Prelates and others who have been promoted during the War to Ecclesiastical Benefices with approbation of our holy Father the Pope and by Apostolical authority dwelling in the lands of either of the parties shall enjoy the fruits rents and revenues of the said Benefices which shall be found to be within the limits of the lands of the other party without any trouble or molestation upon what causes reason or pretence soever And for that end they shall have power to appoint for the said enjoyment and receiving of the said fruits such persons as are not suspected having first obtained the good liking of the King or of his Officers and Magistrates under whose nomination the said fruits rents and revenues shall be found to be scituated LVIII Such Inhabitants of the principality of Catalonia or of the County of Roussillon who shall have enjoyed by donation or confiscation granted by either of the two Kings such goods or estates as were belonging to any persons of the contrary party shall not be bound to make any restitution to the owners of the said estates of the fruits by them received by vertue of the said donations or confiscations during the present War Provided that the effect of the said donations or confiscations do cease from the day of the publication of the Peace LIX Commissioners shall be appointed on both sides two months after the publication of the present Treaty who shall meet at such a place as shall be respectively agreed on there to end in an amicable way all such differences as might be yet betwixt both parties which Commissioners shall have care to see the subjects on both sides to be equally and well intreated and shall not suffer the one to re-enter into the possession of their Estates but at the same time when the other shall also re-enter into the possession of theirs As also the said Commissioners if it be so judged fit shall be injoined to make a just valuation on both sides of the estates of such as shall not be willing to return into the Country they have forsaken or of such as the two Kings shall not be willing to receive having prescribed unto them their abode somewhere else as aforesaid that the said valuation being made the same Commissioners might manage in all equity the exchanges and compensations of the said estates for the greater conveniency and with equal advantage to the interessed parties being careful that none be wronged And in a word the said Commissioners shall regulate all things concerning the commerce and the mutual frequentation of the Subjects on both parts and all such things as they shall think the most conducible to the publick utility and to the strengthening of the Peace And whatsoever hath been said in the four immediately foregoing Articles and in this concerning the County of Roussillon and the Inhabitants thereof ought in the same manner to be understood of the Viguery of Conflans and that part of the Country of Cerdana that may or ought by the present Treaty to remain in the propriety of his most Christian Majesty by the Declaration of

their appurtenances dependences and annexes so that for any reason cause or excuse whatsoever foreseen or not foreseen even this that the said places of Rocroy Le Catelet and Linchamp are at this present in the power and in other hands than of his Catholick Majesty he shall not be dispensed of the said restitution of those three places to the said Lord the most Christian King His said Catholick Majesty ingaging and taking upon himself the real and faithful execution of the present Article L. The respective restitution of the said places as it is aforesaid in the five next foregoing Articles shall be made by the said Lords and Kings or by their Ministers really and bona fide without any delay or difficulty for what cause or occasion soever unto such as shall be appointed by the said Lords and Kings respectively within the time and in the manner that shall be here under appointed and in such condition as the said places are at this time without demolishing weakening imbezzeling diminishing or damnifying any thing therein in any wise and without pretending or demanding any reimbursement for the fortifications made in the said places nor for the payment of what might be due to the Soldiers and Garisons that are in them LI. The said Lords and Kings in restoring of the said places respectively shall have liberty to take and carry away all the Artillery Powder Bullets Victuals or other warlike Ammunitions that shall be in the said places at the time of the restitution Likewise the Officers Soldiers and others that shall go out of the said places shall have liberty to take and carry away the moveable goods to them belonging but it shall not be lawful to them to exact any thing of the Inhabitants of the said places nor of the Country people nor to wrong their Houses or carry away any thing belonging to the Inhabitants As also the said Lords and Kings shall be bound to pay unto the said Inhabitants of the places from whence they shall withdraw their Arms and which they shall restore all what may be justly due unto them by the said Lords and Kings for things taken by the Governors of the said places or other Ministers of the said Lords and Kings to be employed to their services whereof they shall have given Receipts or Bonds to such as have furnished them with the same As also the Officers and Soldiers of the said Garrisons shall be obliged to pay what they lawfully owe to the Inhabitants upon their Receipts or Bonds Provided that for the performing of that satisfaction to the Inhabitants the yielding and restoring the said places be not retarded but that the same be done by the time and day that shall be agreed on and prescribed hereafter in the other Articles of the present Treaty The Creditors in that case remaining in all the right of the just pretensions they may have LII As the place of Hesdin and the Bailiwick thereof ought by the present Treaty of Peace to remain to the most Christian King as before hath been expressed it hath been concluded and agreed in consideration of the Offices of the said Lord the Catholick King who had taken under his protection the Officers of War or the Soldiers of the Garrison of the said Hesdin who had revolted in that place and had drawn themselves from the obedience of the said Lord the most Christian King since the death of the Governor of the said place that in conformity to the Articles whereby the said Lords and Kings do pardon each of them all such as have followed the contrary party provided they be not found guilty of any other crimes and do promise to settle them again in the possession and enjoyment of their goods His most Christian Majesty shall cause his Letters of Amnisty and Pardon to be dispatched in good form in the behalf of the said Officers of War and Soldiers of the Garrison of the said Hesdin which Letters being offered and put into the hands of the Commander of the place upon the day designed and appointed between their Majesties for the restitution of the said place into the power of his most Christian Majesty as shall be said hereafter upon the same day and at the same time the said Commander Officers and Soldiers shall be bound to go out of the said place without any delay or excuse under what pretence soever foreseen or not foreseen and to surrender the said place in the same condition it was when they revolted to the power of such as his most Christian Majesty shall commit for to receive it in his name and that without altering weakning imbezzeling demolishing or damnifying any thing in any sort or manner whatsoever in the said place And in case the said Letters of Amnisty and Pardon being offered to the said Commander himself or the other Officers and Soldiers of the said Garrison of Hesdin should refuse or delay under what cause or pretence soever to surrender the said place in the said condition into the power of such as his said most Christian Majesty shall have appointed to receive it in his name the said Commander Officers and Soldiers shall forfeit the grace of Amnisty and Pardon procured unto them by his Catholick Majesty and his said Majesty shall make no further instance in their behalf and in the same case his said Catholick Majesty doth promise upon the word of a King not to give directly or indirectly unto the said Commander Officers and Souldiers nor suffer to be given them by any in his Dominions any assistance of Men Arms Victuals Warlike Ammunitions or Money But to the contrary shall assist with his Forces in case he be desired the said Lord the most Christian King for the assaulting of the said place that it might the sooner be reduced to his obedience and the present Treaty may the sooner have its full effect LIII As the three places of Avennes Philippeville and Marienbourg with their Appurtenances Dependences and Annexes are yielded by the present Treaty as aforesaid unto the Lord the most Christian King to be united and incorporated to the Crown of France it hath been concluded and agreed that in case between the said places and France there be found any Boroughs Villages places or Lands which not being of the said Appurtenances Dependences or Annexes ought to remain in the propriety and soveraignty of the said Lord the Catholick King neither his said Catholick Majesty nor the Kings his successors shall have power at any time to fortifie the said Boroughs Villages Posts or Countries nor to make any new fortifications between the said places of Avennes Philippeville and Marienbourg by means of which fortifications the said places or any of them might be cut off from France or the communication between them disturbed as likewise it hath been concluded and agreed that in case the place of Renty in Artois remain to his Catholick Majesty as it ought to remain to him in case it be found