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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

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Prince of his house or any other whatsoever under any pretence or occasion that may happen in the said soveraignty propriety jurisdiction prerogative possession and enjoyment of all the said Countreys Towns Places Castles Lands Lordships Provostships Dominions Chastellenies and Bailiwicks and of all the places and other things depending of them And for that effect the said Lord the Catholick King for himself and for his Heirs Successors and Assigns doth renounce unto quit yield and transport as his Plenipotentiary in his name by the present irrevocable Treaty of Peace hath renounced to quitted yielded and for ever transported in the behalf and to the benefit of the said Lord the most Christian King his Heirs Successors and Assigns all the rights actions pretensions regalities patronage wardianship jurisdiction nomination prerogatives and preheminences upon the Bishopricks Cathedral Churches and other Abbies Priories Dignities Parsonages and any other Benefices whatsoever within the precincts of the said Countreys places and Bailiwicks so yielded of what Abbies soever the said Priories do hold or depend And generally without retaining or reserving any thing all other rights which the said Lord the Catholick King or his Heirs and Successors have and pretend or may have and pretend for what cause occasion soever upon the said Countreys places Castles Forts Lands Lordships Dominions Chastellenies and Bailiwicks and upon all the places depending of them as aforesaid Which together with all the Men Vassals Subjects Boroughs Villages Hamlets Forrests Lands and other things whatsoever depending of them without keeping or reserving any thing the said Lord the Catholick King both for himself and for his Successors doth consent to be from this time forth and for ever united and incorporated to the Crown of France all Laws Customs Statutes Constitutions made to the contrary even such as may have been confirmed by Oath in any wise notwithstanding To which and to all clauses derogatory to former derogatory clauses it is expresly derogated by the present Treaty for the effect of the said renuntiations and cessions which shall be valid and shall take place the particular expression or specification not derogating to the general nor the general to the particular and excluding for ever all exceptions upon what right title cause or pretence soever they may be grounded And the said Lord the Catholick King doth declare consent will and understand that the men vassals and subjects of the said countries towns and lands yielded to the Crown of France as aforesaid be and remain quitted and absolved from henceforth and for ever of the faith homage service and oath of fidelity they all or any of them may have done to him or to his predecessors the Catholick Kings and withall of all obedience subjection and vassallage which they for that cause might owe unto him The said Lord the Catholick King Willing that the said faith and homage and oath of fidelity become and remain void and of none effect as if they had never been taken XLII And as concerning the countries and places taken by the Arms of France during this War towards Spain As it had been formerly agreed by the Negotiation begun in Madrid in the year 1656. upon which this present Treaty is grounded that the Pyrenean Mountains which antiently had divided the Gauls from Spain should also make henceforth the division of both the said Kingdoms It hath been concluded and agreed that the Lord the most Christian King shall remain in possession and shall effectually enjoy the whole County and Viquery of Roussillon and the County and Viquery of Conflans the countries towns places castles burroughs villages and places which make up the said Counties and Viqueries of Roussillon and Conflans And to the Lord the Catholick King shall remain the County and Viquery of Cerdana and the whole principality of Catalonia with the Viqueries places towns castles burroughs hamblets places and countries that make up the said County of Cardena and the principality of Catalonia Provided that if there be found any place of the County and Viquery of Constans onely and not of Roussillon that be in the said Pyrenean Mountains toward Spain it shall likewise remain to the Catholick Majesty As likewise if any place be found of the said County and Viquery of Cardena onely and not of Catalonia that be in the said Pyrenean Mountains towards France it shall remain to his most Christian Majesty And that the said division might be concluded commissioners shall be presently appointed on both sides who shall together bona fide declare which are the Pyrenean Mountains which according to the tenor of this Article ought hereafter to divide both Kingdoms and shal mark the limits they ought to have And the said Commissioners shall meet upon the place at the furthest a month after the subscribing of the present Treaty and within the space of another month after ought to have concluded the matter and declared with common consent the premises Provided that if then they cannot agree among themselves concerning it they shall presently send the grounds of their opinions to the two Plenepotentiaries of both the Lords and Kings who taking notice of the difficulties and differences happened thereupon shall conclude the business betwixt them So that it shall not be suffered that Arms be taken up again about the same XLIII The whole County and Viquery of Roussillon County and Viquery of Conflans except the places that shall be found to be situate in the Pyrenean Mountains towards Spain in the manner aforesaid according to the Declaration and Agreement of the Commissioners that are to be appointed for that purpose as also that part of the county of Cerdana that shall be found situate in the Pyrenean Mountains towards France according unto the same Declaration of the commissioners the countries towns places castles that make up the Vigueries of Roussillon and Conflans and part of the county of Cerdana in the manner aforesaid Appurtenances Dependences and Annexes with all the Men Vassals Subjects Borroughs Villages Hamblets Forests Rivers Lands and any other things whatsoever depending of them shall remain irrevocably and for ever by the present Treaty united and incorporated to the crown of France to enjoy the same by the said Lord the most Christian King his Heirs Successors and Assigns with the same Rights of Soveraignty Propriety Regalities Patronage Jurisdiction Nomination Prerogatives and Preheminences upon the Bishopricks Cathedral Churches and other Abbeys Priories Dignities Parsonages or any other Benefices whatsoever being within the limits of the said county of Roussillon Viguery of Conflans and part of the county of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain of whatsoever Abbeys the said Priories be holding and depending and all such other Rights formerly belonging to the said Lord the Catholick King though not here particularly mentioned And that his most Christian Majesty shall never hereafter be troubled or molested
Christian Majesty upon any differences and processes prosecuted both by the Subjects of the said Dukedoms of Lorrain and Bar and others whilest the said Dominions were under the obedience of the said Lord the most Christian King and of the late King his Father shall stand and shall have their full and intire effect as if the said Lord and King should remain Lord and Possessor of the said Country And the said Judgments and Arrests shall not be called to any question nor recalled nor the execution of them any way retarded or hindered Yet it shall be lawful to the Parties to sue a Revision of the Cause according to the order and disposition of the Laws and Ordinances the said Judgments remaining in the mean while in their force and vertue LXXV Moreover it hath been further agreed that all other gifts graces remissions and alienations made by the said Lord the most Christian King and the late King his Father during the said time of things escheated and accrued unto them or adjudged to them either by confiscation for crime or offence other than of War for having followed the said Duke or by reversion of Lands or for want of lawful Successors or otherwise shall be and shall remain good and valid and shall not be recalled nor shall those to whom the said gifts graces and alienations have been made be disturbed or molested in the enjoyment of them in any wise and for any cause whatsoever LXXVI As also that such as during the said time have been received to faith and homage by the said Lords and Kings or their impowred Officers because of the said Lands and Lordships held and depending of the Towns Castles or places possessed by the said Lords and Kings in the said country and have paid for the same the Rights and Duties belonging to the Lord or have obtained a gift and remission of the same shall not be troubled nor molested by reason of the said Rights and Duties but shall remain acquitted and shall be lyable to no demand about the same LXXVII In case the said Duke Charles of Lorrain be not willing to accept and ratifie what hath been agreed by the two Lords and Kings concerning his Interests in the manner aforesaid or having accepted of the same he should happen hereafter to fail in the execution and performance of the Tenor of the present Treaty his most Christian Majesty in the first case of non-accepting of the Treaty by the said Duke shall not be bound to execute on his part any of the Articles of the said Treaty and yet he shall not be deemed for this cause to have in any thing infringed the same As also in the second case that the said Duke having accepted of the aforesaid conditions should hereafter happen to sail on his part in the execution thereof his said Majesty hath reserved and doth reserve unto himself all the rights he had acquired upon the said Dominions of Lorrain by several Treaties made between the late King his Father of happy memory and the said Duke to prosecute the said rights in such manner as he shall think best LXXVIII His Catholick Majesty doth consent that his said most Christian Majesty be not obliged to the foresaid re-establishment unto the said Duke Charles of Lorrain but after the Emperor shall have approved and ratified by an authentick Act which shall be delivered to his most Christian Majesty all the Articles stipulated as to the said Duke Charles of Lorrain in the present Treaty none excepted And his said Catholick Majesty doth oblige himself to procure of the Emperor the speedy expedition and delivery of the said Act As also in case it be found that of the Dominions Countrys Towns Lands or Lordships remaining to his most Christian Majesty in propriety by the present Treaty of such as formerly belonged to the Dukes of Lorrain there be any Fief held of the Empire for reason whereof his Majesty had need and should desire to be invested with the same his Catholick Majesty doth promise sincerely and bonâ fide to sollicite the Emperor for the obtaining of the said investitures in the behalf of the said Lord most Christian King without delay or difficulty LXXIX The Prince of Conde having let Cardinal Mazarin the Plenipotentiary of the most Christian King his Soveraign Lord to understand that he might acquaint his said Majesty with it how extreamly sorrowfull he was to have some years since followed a course displeasing to his Majesty that he wished he could redeem with the best part of his blood all the hostilities he hath committed within and without the Kingdom of France whereunto he protesteth that his sole unhappiness rather than any evil intention against his Majesties service hath engaged him And that if his Majesty be pleased to have so much generosity as to use towards him his Royal bounty forgetting what is past and keeping him in honor of the his good graces he will endeavor as long as he shall live to acknowledge that benefit by an invioable fidelity and to repair what is past by a full obedience to all his commands And that in the interim to begin and shew by the deeds that might be presently in his power with how great a passion he desired to recover the honour of his Majesties benevolence he pretends nothing in the conclusion of that Peace for all the interests he may have therein but from the meer bounty and of the own motion of the said Lord the King his Soveraign Lord and doth even desire his Majesty should be pleased fully to dispose and according to his good pleasure in such a manner as he shall please of all the indamnifyings the Lord the Catholick King shall be pleased to grant him and which he hath already offered him either in estates or lands or in places or money which he submits all to his Majesties feet And besides that he is ready to disband all his Forces and to put in his Majesties power the places of Rocroy le Chastelet and Linchamp whereof the two first were remitted to him by his said Catholick Majesty And that as soon as he may have obtained leave he will send an Express to the said Lord the King his Soveraign Lord to protest yet more expresly of all the same intentions and of the truth of his submissions and to deliver unto his Majesty such Act or Writing subscribed by him as his Majesty shall be pleased to prescribe for assurance that he renounceth to all Leagues Treaties and Associations he might have made heretofore with his Catholick Majesty And that for the future he will not take nor receive any establishment pension nor benefit of any Foreign King or Potentate And finally for all the interests he may have in what thing soever they may consist he wholly remitteth them to the good pleasure and disposition of his Majesty without any pretension His said most Christian Majesty being informed of all the premisses by his said Plenipotentiary
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
Conde and unto the said Duke of Enguian his son the Governments and the Charge therein mentioned his Catholick Majesty doth promise and oblige himself of his part and in the word of a King to draw out of the Town Citadel or Castle of Juliers the Spanish Garrison that is in the said Town Citadel or Castle and all such other Forces as might have lately gone into the same or might yet go in to reinforce the Garrison thereof leaving in the said Town and Citadel all the Artillery marked with the Coat of Arms of the House of Cleveland or of Juliers or that hath belonged to them And as to the rest of the said Artillery Arms Ammunition and Instruments of War which his Majesty hath in the said Town and Castle of Juliers delivering them unto the Duke of Nubourgh or such as shall be appointed by him to receive the same in the same quality he hath the possession of the Estate of Juliers the said Duke delivering before into the hands of his Catholick Majesty a Writing in good form signed with his hand satisfactory to his said Catholick Majesty whereby he shall engage not to sell alienate nor pawn the said Town Citadel or Castle to any Princes or any other private persons and that he shall not put therein nor settle there any other Garrison but of his own Forces As also to grant unto his said Catholick Majesty whensoever he shall have need of it the passage for his Forces either through the said Town or through the State of Juliers his said Majesty paying at his own charges the expence of the passage of the said Forces which shall be regulated journeys and reasonable marches and shall not sojourn in the Land the said Duke taking in such occasions the necessary precautions for the safety of the said Town and Citadel And in case the said Duke should fail in the performance of what he shall oblige himself unto as well of not alienating the same as not of putting any other Garrison in the said place and Citadel but what is his own or that he refuseth to give passage to his Catholick Majesties Forces in paying their expences the said Lord the most Christian King doth promise in the word of a King not to assist the said Duke with Money or Soldiers nor in any other manner by himself or by interposed persons to uphold the said contravention but to the contrary he will lend his own Forces if need be for the accomplishing of the Premises LXXXIX It hath been expresly concluded and agreed between the said Plenipotentiaries That the Reservations contained in the 21 and 22 Articles of the Treaty of Vervins shall have their full and entire effect and no explication contrary to their meaning shall be used And that in consequence thereof to the said Lord the most Christian King of France and Navarre his Successors and Assigns are reserved notwithstanding any prescription or space of time that might be alledged to the contrary all the rights actions and pretensions he conceives to belong unto him because of the said Kingdoms Countries and Lordships or any where else for any cause whatsoever whereunto it hath ever been either by himself or by his predecessors expresly renounced to prosecute the same by an amicable way and of Justice and not by Arms. LXXXX Likewise shall be reserved unto the said Lord the Catholick King of Spain his Successors and Assigns notwithstanding any prescription or space of time that might be alledged to the contrary all the rights actions and pretensions he conceives to belong unto him because of the said Kingdoms Countries and Lordships or any where else for any cause whatsoever whereunto it hath never been either by himself or by the King 's his predecessors expresly renounced likewise to prosecute the same by an amicable way and of Justice and not by Arms. LXXXXI Whereas the said Cardinal Mazarin his most Christian Majesties Plenipotentiary hath represented that for the better obtaining of a good Peace it is necessary that the Duke of Savoy who hath intermedled in this War joyning his Arms to those of the Crown of France whose Ally he is should be comprehended in the present Treaty His most Christian Majesty loving the welfare and preservation of the said Duke as much as his own because of the propinquity of blood and alliance whereby they are related and his Catholick Majesty finding it reasonable that the said Duke be comprehended in that Peace upon the instances and by the interposition of his most Christian Majesty It hath been concluded and agreed that for the future there shall be a cessation of all manner of acts of hostility as well by Sea and other waters as by Land between his Catholick Majesty and the said Duke of Savoy their Children Heirs and Successors born or to be born their States Dominions and Lordships a restablishment of Amity Navigation and Commerce and good correspondency between the Subjects of his said Majesty and the said Duke without distinction of places or of persons And the said Subjects shall be restablished without difficulty or delay into the free and peaceable possession and enjoyment of all their Goods rights names reasons pensions actions immunities and priviledges of what nature soever which they possessed in the Dominions one of the other afore the present War or that might have escheated to them during the same and which by reason of it may have been seized on Yet so that they shall not pretend or demand any restitution for the enjoying of the same for the time past during the War LXXXXII In consequence of the said Peace and in consideration of the Offices of his most Christian Majesty the said Lord the Catholick King shall restore unto the said Duke of Savoy really and indeed the Town place and Castle of Verceil and all the Territories thereof Appurtenances Dependences and Annexes And shall therein demolish nothing nor damnifie the Fortifications that have been made there but shall restore it in the same condition as to the Artillery Ammunitions of War Victuals and any other things as it was when the said Verceil was taken by his Catholick Majesties Arms. And as to the place of Cencio in the Langs it shall likewise be restored to the said Duke of Savoy in the same state it is now in with the Dependences and Annexes LXXXXIII As for the Dower of the late Serenissima Infanta Catharina about which there hath been some difference betwixt the Houses of Savoy and of Modena his Catholick Majesty doth promise and engage to see effectively paid unto the Duke of Savoy the Arrears that may be due to his House since the said Dower was appointed until the 17 of December in the year 1620. At which time the late Duke Charles Emanuel of Savoy gave in Appanage the said Dower to the late Prince Philbert his Son as it shall be verified by the date out of the Books of the Royal Chamber of the Kingdom of Naples And for the
of Arms betwixt their said Allies until either by the judgment of both the Kings if their Allies will yield to their decision or by their interposition and authority they might have endeavoured an amicable composure of the said difference so that every one of their Allies be satisfied with it shunning on both sides the taking up of Auxiliary Arms. After which if the Authority of both the Kings or their Offices and interposition cannot produce the accommodation and the Allies do at last take the way of Arms every one of the said Lords and Kings shall be free to assist his Allie with his Forces without incurring thereby any breach betwixt their Majesties or any alteration of their Amity Each of the two Kings even promising in that case that he will not suffer that his Arms nor the Arms of his Allie should enter into any of the Dominions of the other King there to commit any hostility but that the quarrel shall be ended within the limits of the Dominion or Dominions of the Allies that shall fight together so that no warlike action or any other done in that conformity shall be deemed a breach of this present Treaty of Peace As likewise whensoever any Prince or State in Alliance with either of the said Lords and Kings shall be directly or indirectly assaulted by the Forces of the other King in what he shall hold and be possessed of at the subscribing of the present Treaty or what he ought to possess in consequence of it it shall be lawful to the other King to help or assist the assaulted Prince or State and yet whatsoever shall be done in conformity to the present Article by the Auxiliary Forces whilst they shall be in the service of the assaulted Prince or State shall not be deemed a breach of the present Treaty And in case it should happen that either of the two Lords and Kings should be first assaulted in what he now is possessed of or ought to possess by virtue of the present Treaty by any other Prince or State whatsoever or by many Princes and States in League together the other King shall not joint his Forces to the said assaulting Prince or State though otherwise his Ally nor to the said League of the likewise assaulting Princes or States as aforesaid nor shall give to the said Prince and State or to the said League any assistance of Men Money or Victuals nor passage or retreat in his Dominions to their Persons or Forces As for the Kingdoms Princes and States that are now in War with either of the said Lords and Kings and could not be comprehended in the present Treaty of Peace or that having been comprehended therein would not accept of it it hath been concluded and agreed that the other King shall not have power after the publication of the said Treaty to give them directly or indirectly any manner of assistance of Men Victuals or Money much less to the Subjects that might hereafter rise or revolt against either of the said Lords and Kings IV. All occasions of enmity or misunderstanding shall remain extinguished and for ever abolished and whatsoever hath been done or hath hapned upon occasion of the present Wars or during the same shall be put into perpetual oblivion so that for the future of neither side neither directly nor indirectly shall any inquiry be made for the same by Justice or otherwise under any pretence whatsoever nor shall their Majesties or their Subjects Servants or Adherents of either side shew any manner of remembrance of any offences or damages suffered during the War V. By means of this Peace and strict amity the Subjects of both sides whatsoever shall have liberty they observing the Laws and Customs of the Country to go to and fro to dwell trade and return into one anothers Country Merchandising or as they shall think best both by Land and by Sea or any other Fresh-waters to treat and trade together and the Subjects of the one shall be maintained and protected in the others Countreys as their own Subjects paying reasonably the Duties in all accustomed places and such others as by their Majesties and their Successors shall be imposed VI. The Towns Subjects Merchants and Inhabitants of the Kingdoms Dominions Provinces and Countreys belonging to the most Christian King shall enjoy the same Priviledges Franchises Liberties and Sureties in the Kingdom of Spain and other Kingdoms and Dominions belonging to the Catholick King as the English have by right enjoyed by the last Treaties made between the two Crowns of Spain and England and no greater Duties or Impositions shall be exacted of the French and other of the most Christian Kings Subjects either in Spain or any where else within the Lands or other places of the Catholick Kings obedience than have been paid by the English before the breach or than are paid at this time by the Inhabitants of the United Provinces of the Neatherlands or any other strangers that shall be there the more favourably intreated The same shall be done within the whole extent of the obedience of the said Lord the most Christian King unto all the Subjects of the said Lord the Catholick King of what Country or Nation soever they be VII In consequence of this if the French or any other of his most Christian Majesties Subjects are found in the said Kingdoms of Spain or upon the Coasts thereof to have shipped or caused to be shipped upon their Vessels in what manner soever it may be any prohibited goods to transport them out of the said Kingdoms the penalty shall not extend further than hath been heretofore practised in such cases towards the English or than it is at this time practised towards the Hollanders in consequence of the Treaties made with England or the United Provinces and all Inquiries or Processes hitherto made about the same shall remain null and be extinguished The same shall be observed towards the Towns Subjects and Inhabitants of the Kingdoms and Islands belonging to the said Lord the Catholick King who shall enjoy the same priviledges Franchises and Liberties throughout all the Dominions of the said Lord the most Christian King VIII All the French and other Subjects of the said Lord the most Christian King shall have liberty freely and without any hindrance to transport out of the said Kingdoms and Countries of the said Lord the Catholick King the proceed of the sale by them made of Corn within the said Kingdoms and Countries after the same manner as they wanted to do afore the War And the same shall be observed in France towards the Subjects of the said Lord the Catholick King IX Of neither side shall the Merchants Masters of Ships Pilots or Mariners nor their Ships Merchandises Commodities or other Goods to them belonging be arrested or seised on either by vertue of any general or particular Mandate or for any cause whatsoever of War or otherwise nor even under pretence of using them for the preservation and
Enemies of the said Lord and Catholick King although not contrebanda goods shal be confiscated together with all that shall be found in the said ship without any exception or reservation But on the other side whatsoever shall be found in the ships belonging to the Subjects of the most Christian King shall be free and freed although the lading or part thereof should belong to the Enemies of the said Lord the Catholick King except the prohibited goods in regard whereof they shall carry themselves according to what hath been disposed in the aforegoing Articles XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their trade and commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports or in open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the Trade and Commerce XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in the manner aforesaid And in case in progress of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation nor sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor XXII All Goods and Merchandises arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgments given upon Letters of Confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and pursuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Forreiners as unto their own Subjects without any distinction of persons XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdoms it hath been concluded and agreed That there hapning hereafter any breach between the two Crowns which God forbid six months time shall alwaies be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and immunities belonging to their exercise and employment And that the establishment shall be made in such places where with a mutual consent it shall be thought necessary XXVII All Lettees of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law XXVIII All the Subjects of both sides both Ecclesiastical and Secular shall be restored to their Goods Honours and Dignities and to the enjoyment of such Benefices as they were invested with afore the War either by Death or Resignation either by way of coadjutorship or otherwise In which re-establishment into Goods Honours and Dignities are namely understood to be comprehended all the Napolitan Subjects of the said Lord the Catholick King except only the Charges Offices and Governments they were possessed of And it shall not be lawful for either side to refuse to place or to hinder the taking of possession to any of those who have been invested with Prebends Benefices or Ecclesiastical Dignities afore that time nor to maintain therein such as have obtained any other Provisions of the same during the war unless it be for the Curates canonically provided who shall remain in the enjoyment of their Parsonages Both the one and the other shal likewise be restored to the enjoymeet of all and every one of their Goods unmoveables and Rents either perpetual or during life or to be redeemed seised on or taken from them since that time either upon the occasion of the War or for following the contrary part together with all their rights actions and successions to them accruing even since the beginning of the War yet so that they shall not demand or pretend
any fruits or revenues received since the seisures made of the said Goods Immoveables Rents and Benefices until the day of the publication of the present Treaty XXIX Nor likewise make any demand of such debts goods and moveables as have been confiscated afore the said day So that the creditors of the said debts nor the depositaries of such goods nor their Heirs or Assigns shall never be admitted to prosecute or pretend the recovery of them Which reestablishments in the aforesaid form shall extend to those who have followed the contrary part so that by means of the present Treaty they shall be restored to their King and Soveraign Princes Grace as also to their Goods such as shall be found extant upon the conclusion and subscribing of the present Treaty XXX And the said re-establishment of the said Subjects on both sides shall be made according to the tenor of the XXVIII Article aforegoing notwithstanding any Donations Concessions Declarations Confiscations committed Sentences preparatory or definitive given by contumacy in the absence of the Parties and without hearing of them Which Sentences and all Judgments shall be void and of none effect and as not given or hapned with full entire liberty to the said Parties to return into the Countries from whence they had formerly retired themselves to enjoy in person their goods unmovables rents and revenues or to settle their abode out of the said Countries in such places as they shall think best it remaining in their choice and election so that in that respect no manner of compulsion shall be used against them And in case they rather chuse to inhabit elsewhere they shall have power to depute and appoint such persons not suspected as they shall think best for the Government and enjoying of their goods rents and revenues but not of such Benefices as require a Residency which ought personally to be administred and served Yet so that the liberty of a personal so journing mentioned in this Article shall not extend it self to those of whom it is otherwise disposed by any other Article of the present Treaty XXXI Such as shall have been provided on either side with benefices being of the Collation Presentation or any other disposition of the said Lord and Kings or any other either Ecclesiastical or Lay persons or such as shall have obtained provisions from the Pope of any other Benefices situate within the obedience of either of the said Lords and Kings by whose consent and permission they shall have enjoyed the same during the War shall remain in the possession and enjoyment of the said Benefices during their lives as being well and duly provided Yet so that thereby no prejudice is intended for the future to the right of the lawful Collators who shall enjoy and use the same as they were wonted to do afore the War XXXII All Prelates Abbots Priors and other Ecclesiastical persons that have been nominated to their Benefices or promoted to the same by the said Lords and Kings before the War ordering the same and whereunto their Majesties were in possession to provide and nominate afore the breach between the two Crowns shall be maintained in the possession and enjoyment of the said Benefices and shall not be molested therein for any cause or pretence whatsoever as also in the free enjoyment of all the Goods that shall be found to have belonged to the same of old and in the right of conferring the Benefices depending of the same in what place soever the said Goods and Benefices be found situate Provided yet that the said Benefices be filled with able persons having the requisite Qualifications according to the Reglements observed before the War And for the future it shall not be lawfull of either side to send any Administrators to govern the said Benefices and enjoy the fruits thereof which shall not be received but by the Titulars only lawfully provided unto the same as also all places that have formerly acknowledged the jurisdiction of the said Prelates Abbots and Priors in what part soever they be situate shall likewise acknowledg the same for the Future Provided their right appears to have been setled of old although the said places should be found within the extent of the Dominions of the contrary Party or depending of some Chastellenies or Bayliwicks belonging to the contrary party XXXIII And to the end this Peace and Union Condeferation and good correspondency might as it is desired be so much the more firm lasting and undissolvable both the said principal Ministers the Cardinal Duke and the Marquis Earl Duke by vertue of the special Power they have had for that end of the two Lords and Kings have concluded and agreed in their names the marriage of the most Christian King with the Serenissime Infanta the Lady Maria Theresa eldest Daughter to the Catholick King and the same day bearing the date of these presents have made and subsribed a partcular Treaty whereupon they refer themselves touching the mutual conditions of the said Marriage and the time of its celebration which Treaty by it self and Capitulation of Mariage are of the same force and vigor with the present Treaty of Peace as being the chiefest part thereof and the most worthy as well as the greatest and the most precious earnest of the surety of its duration XXXIV Because the length of time and the difficulties that would have met in case the several rights and pretentions of the said Lords and Kings should have been put to a particular discussion might have much retarded the conclusion of this Treaty and put off the good that whole Christendom doth expect and will receive by it it hath been concluded and agreed in consideration of the Peace touching the retention and restitution of the Conquests made during the present War that all the differences of the said Lords and Kings shall be ended and composed after the manner following XXXV Inprimis It hath been concluded and agreed concerning the Low Countreys that the Lord the most Christian King shall remain seized and shall effectually enjoy the Places Towns Countreys and Castles Dominions Lands and Lordships following First Within the County of Artois the Town and City of Arras and the Government and Bailiwick thereof Hesdin and the Bailiwick thereof Bapaume and the Bailiwick thereof Bethune and the Government or Bailiwick thereof Lillers and the Bailiwick thereof Lent and the Bailiwick thereof the County of St. Pol Terroane and the Bailiwick thereof de Pas and the Bailiwick thereof as also all the other Bailiwicks and Chastellenies of the said Artois whatsoever they be although not here particularly named and mentioned except only the Towns Bailiwicks and Chastellenies or Governments of Ayre and St. Omer with their Appurtenances Dependences and Annexes which shall remain all unto his Catholick Majesty as also the place of Renty in case it be found to be of the said Dependences of Ayre or St. Omer and not otherwise XXXVI Secondly within the Province and County of
by any way whatsoever either of Right or of Fact by the said Lord the Catholick King his Successors or any Prince of his House or by any other whosoever or under any pretence or occasion that might happen in the said Soveraignty Propriety Jurisdiction Power possession and enjoyment of all the said countries towns places castles lands Lordships Dominions and Bailiwicks And withal of all the places and other things whatsoever depending of the said county of Roussillon Viguery of Conflans and part of the county of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain And for that end the said Lord the Catholick King both for Himself and his Heirs Successors and Assigns doth renounce unto quit yield and transport as his Plenipotentiaries in his name by the present Treaty of Peace irrevocable hath renounced to quitted yielded and transported perpetually and for ever in the behalf and to the benefit of the said Lord the most Christian King his Heirs Successors and Assigns all the Rights Actions Pretensions Regalities Patronage Jurisdiction Nomination Prerogatives and Preheminences upon the Bishopricks Cathedral Churches and other Abbeys Priories Dignities Parsonages or any Benefices whatsoever being within the limits of the said County of Roussillon Viguery of Conflans and part of the county of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain of what Abbeys soever the said Priories be depending And generally all other Rights without keeping or reserving any thing which the said Lord the Catholick King or his said Heirs and Successors have and pretend or may have and pretend for what cause and occasion soever upon the said county of Roussillon Viguery of Conflans and part of the county of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain and upon all the places depending of them as aforesaid which together with the Men Vassals Subjects Burroughs Villages Hamblets Forests Rivers Lands and other things whatsoever depending of them without keeping or reserving any thing the said Lord the Catholick King both for himself and for his Successors doth from henceforth and for ever consent to be united and incorporated to the Crown of France All Laws Customs Statutes Constitutions and Conventions made contrary thereunto even such as may have been confirmed by Oath in any wise notwithstanding To which and to the Clauses derogatory of any other derogatory Clauses it is expresly derogated by the present Treaty for the effect of the said renounciations and cessions which shall be valid and shall take place the particular expression or specification not derogating to the general nor the general to the particular Excluding for ever all exceptions upon what Rights and Titles causes or pretences soever the same may be grounded and namely that that might hereafter be pretended that the separation of the County of Roussillon Viguery of Conflans and part of the County of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain and of their Appurtenances and Dependences should be against the Constitutions of the Principality of Catalonia and that therefore the said separation cannot have been resolved nor concluded without the express consent of all the people assembled in their General Estates And the said Lord the Catholick King doth declare will and intend that the said Men Vassals Subjects of the said County of Roussillon Viguery of Conflans and part of the County of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain their Appurtenances and Dependences be and remain quitted and absolved from henceforth and for ever of the Faith Homages Service and Oath of Fidelity all and every of them may have made unto him and to his Predecessors the Catholick Kings and withal of all obedience subjection and vassalage which therefore they might owe unto him Willing that the said Faith Homage and Oath of Fidelity remain void and of none effect as if they had never been done or taken XLIV The said Lord the Catholick King shall re-enter into the possession and enjoyment of the County of Carrolois to enjoy it by him and his Successors fully and peaceably aud hold the same under the Soveraignty of the most Christian King as he held it afore the present War XLV The said Lord the most Christian King shall restore to the said Lord the Catholick King in the Low-Countries the Towns and Places of Yperen Oudenaerd Dixmude Furnes with the fortified Posts of La Fintelle and La Quenoque Merville upon the River of Lys Menene and Comines their Appurtenances Dependences and Annexes As also his most Christian Majesty shall put again into the hands of his Catholick Majesty the places of Bergh St. Wynox and its Royal Fort and the place of La Bassee by way of exchange for the places of Marienburgh and Philippeville as hath been said in the XXXIX Article XLVI Secondly The said Lord the most Christian King shall restore in Italy unto the said Lord the Catholick King the places of Valance upon the Po and of Mortara their Appurtenances Dependences and Annexes XLVII Thirdly In the County of Burgundy the said Lord the most Christian King shall restore unto the said Lord the Catholick King the Places and Forts of St. Amour Bleverans and Joux and their appurtenances dependences and annexes and all the other Posts fortified or not fortified which the Armies of his most Christian Majesty have taken in the said County of Burgundy without keeping or reserving any thing XLVIII Fourthly towards Spain the said Lord the most Christian King shall restore to the Catholick King the places and Ports of Roses the Fort of the Trinity Cap-de Quers La Sèau a'Vrgel Toxen the Castle of La Bastide the Town and place of Baga the Town and place of Ripol and the County of Cerdana wherein are Belvet Puicerda Carol and the Castle of Cerdana in such a condition as they be now with all the Castles Ports fortified or not fortified Towns Boroughs Villages and other places appurtenances dependences and annexes belonging to the said places of Roses Cap-de Quers Seau d'Vrgel and County of Cerdana although not named nor specified here Provided that if any of the said Posts Towns places and Castles aforenamed should be found to be in the Viguery of Cerdana in the Pyrenaean Mountains towards France they shall remain to his most Christian Majesty according unto and by vertue of the 42 Article of the present Treaty any thing in the present Article contained notwithstanding whereunto in that case and in that respect it is derogated XLIX The the said Lord the Catholick King shall restore unto the Lord the most Christian King the Towns and places of Rocroy Le Catelet and Linchamp with
Majesty with liberty to alienate the same as he shall please by sale donation or otherwise and shall not be troubled nor molested in the injoyment thereof for having put himself under the protection of the Crown of France nor for any other subject or pretence whatsoever CV It hath been likewise agreed and concluded that his Catholick Majesty shall pay ready money to the Lady Duchess of Cheureuse the sum of 55000 Philippuses each of ten Reals amounting to 165000 Livers French money And that for the price of the Lands and Lordships of Kerpin and Lommerscin with the Aids and Dependences of the said Lands the said Duchess had purchased of his Catholick Majesty according to his said Majesties Letters Patents of the second of June 1646. Out of which Lands and Lordships the said Lady hath since been turned by his Catholick Majesties Ministers because of the present War And his said Majesty hath disposed of them in the behalf of the Elector of Cologne And shall the said Payment of 55000 Philippuses each of ten Realls be made by his said Catholick Majesty unto the said Lady of Cheureuse by the two Terms the first within six months from the day and date of these Presents and the rest six months after so that in a years time they may have received the whole sum CVI. All Prisoners of War of what Nation or condition soever being detained on either side shall be set at liberty in paying their expences and what they may otherwise owe but without paying any ransom unless they have agreed before otherwise in which case the Treaties made by them afore this day shall be executed according to their form and sense CVII All other Prisoners and Subjects of the said Lords and Kings who by the calamity of the Wars might happen to be detained in their Majesties Gallies shall be speedily delivered and set at liberty without any delay for any cause or occasion whatsoever and without demanding any thing for their Ransom or for their Expences As also shall be set at liberty after the same manner all French Soldiers that shall be found to be detained prisoners in the places held by his Catholick Majesty upon the Coasts of Africa without demanding of them as aforesaid any thing for their Ransom or Expences CVIII Provided all the Premises be duly observed it hath been concluded and agreed That the Treaty made at Vervins in the Year 1568 is again confirmed and approved by the said Plenipotentiaries in all its Points as if the same was here inserted word for word and without innovating any thing therein nor in any of the other former Treaties which shall remain in their full force in whatsoever it is not derogated unto by this present Treaty CIX And as touching the things contained in the aforesaid Treaty of 1598 and in a former made in the Year 1559. which have not been executed according to the tenor of the said Treaties the execution shall be made and performed in such things as are yet unperformed And for that end Commissioners shall be appointed on both sides within two months with sufficient power to agree together within the space that shall be mutually agreed on concerning all things to be yet executed either touching interests of of the said Lords and Kings or the interests of the Commonalties and private persons their Subjects who shall have any thing to demand or complaint to make on either side CX The said Commissioners shall likewise have care by virute of their powers to regulate the limits as well between the Dominions and Countries that of old have belonged to the said Lords and Kings about which there have been some debates as between the Dominions and Lordships that are to remain to each of them by the present Treaty in the Low Countries And particularly a separation shall be made by the said Commissioners of the Chastellenies and other Lands and Lordships that are to remain to the said Lord the most Christian King from such Chastellenies Lands and Lordships as are to remain to the said Lord the Catholick King so that hereafter there may arise no dispute about the same and that the Inhabitants and Subjects on both sides might not be disturbed And in case they cannot agree touching the contents of the present Article and of the next foregoing Arbitrators shall be appointed by common consent who shall take conusance of whatsoever shall remain undecided between the said Commissioners And the Judgments that shall be rendred by the said Arbitrators shall be executed on both sides without any delay or difficulty CXI For the satisfaction and payment of what may be due on both sides for the ransom of the prisoners of war and for such expences as they may have made during their prison since the beginning of the war until the day of the present Peace in conformity to the Treaties made for the exchanging of the said prisoners and namely that of 1646 made at Soissons the Marquis of Castel Rodrigo being Governor of the Low Countries it hath been concluded and agreed that the expences of such prisoners as have been already released or are to be released without ransom by virtue of the present Peace shall be presently paid ready money on both sides and that as to the other prisoners that have been released by virtue of the particular Treaties of Exchange made during the War and afore the present Treaty Commissioners shall be appointed on both sides within a Month of the Exchange of the Ratifications of the present Treaty who shall meet at such place as shall be agreed on towards Flanders whither also the Accounts concerning the prisoners made in the Kingdom of Naples and Sicily and their dependences in the State of Milan and in Piedmont in the Principality of Catalonia and in the Counties of Roustillon and Cerdana and other places of Spain besides what concerns the Frontiers between France and the Low-Countries shall be carried and the said Accounts being stated by them both for their expences for Diet and for this ransom after the manner practised upon other Treaties of that nature the Lord and King who shall be found Debtor to the other by the stating of the said Accounts doth oblige himself to pay ready monies bonâ fide and without delay unto the other of the said Lords and Kings the sums of money whereof he shall remain debtor to him for the expences and ransoms of the said prisoners at War CXII As it might well happen that the particular persons interested on both sides in the restitution of the goods into the propriety and enjoyment whereof they ought to re-enter by virtue of the present Treaty should find under divers pretences difficulties and resistance in their re-establishment by such as are now in possession of the said goods or that any other obstructions should arise in the full execution of the Premises it hath been concluded and agreed that the said Lords and Kings shall appoint each of them one of
defence of the Country And generally nothing shall be taken from the Subjects of the said Lords and Kings within the Lands of the obedience of the other but with the consent of those to whom such things shall belong and paying ready money what shall be desired of them Yet it is not understood that therein should be comprehended such Seisures and Arrests of Justice by the ordinary ways because of Debts Obligations and valid Contracts of those upon whom such Seisures shall be made whereunto it shall be proceeded as it is wonted according to Right and Reason X. All the Subjects of the most Christian King shall with all security and liberty fail and trade in all the Kingdoms Countries and dominions that are or shall be at peace amity or neutrality with France excent Portugal only with their Conquests and adjacent Countrys whereof it is otherwise disposed by an Article of the present Treaty and shall not be troubled or molested in that Liberty by the Ships Galleys Frigots Barks or any other Sea-Buildings belonging to the Catholick King or any of his Subjects because of the Hostilities that are or might be hereafter between the said Lord the Catholick King and the aforesaid Kingdoms Countries and Dominions or any of them that are or shall be at Peace Amity or Neutrality with France Provided that the exception made of Portugal in this and following Articles concerning the Commerce shall only be in force during the time the said Portugal shall remain in the condition it is at present And that if it should happen that the said Portugal should be reduced under the obedience of his Catholick Majesty the same should be then observed as to the Commerce in the said Kingdom of Portugal in regard of the French as in other Dominions now possessed by his said Catholick Majesty according to the contents of the present and following Articles XI That transportation and that Traffick shall extend to all kinds of Merchandizes and Commodities which were wonted freely and securely to be transported into the said Kingdoms Countries and Dominions afore they were in was with Spain Provided yet that during the said War the most Christian Kings Subjects shall abstain from carrying thither any Merchandizes of the growth of the Catholick Kings Dominions such as may be serviceable against him and his Dominions much less shall they carry thither any Contrebanda-Goods XII By that kind of Contrebanda-Goods are only understood all sorts of Fire-Arms and all things belonging to them as Canons Musquets Mortar-pieces Petards Bombes Granadoes Saucidges Pitchd circles Carriages Forks Bandaliers Gunpowder Cords Saltpeter Bullets Pikes Swords Caskes Headpeices Cuirasses Halberts Javalins Horses Saddels for Horses Holsters for Pistols Belts or any other Warlike Furnitures XIII In that kind of Contrebanda-Goods shall not be comprehended Wheat Corn or other Granes Pu●●e Oyles Wines Salt nor generally any thing belonging to the nourishment and sustentation of life But they shall remain free as all other Merchandizes and Commodities not comprehended in the aforegoing Article And the transportation of them shall be free even to places in enmity with the Crown of Spain except Portugal as aforesaid and the Towns and places besieged blockt up or surrounded XIV For the execution of the Premises it hath been agreed that it shall be done in the manner following viz. That the Ships and Barks with the Merchandizes belonging to the Subjects of the Lord the most Christian King being come into any Haven of the Lord Catholick King where they used to come and trade before the present War and being willing from thence to pass unto the Ports belonging to the said Enemies they shall only be bound to shew to the Officers of the Spanish Port or of any other of the said Lord and Kings Dominions from whence they are to go their Passes containing the specification of the lading of their Ships attested and marked with the ordinary hand and seal and acknowledged by the Officers of the Admiralty of the places from whence they came first with the declaration of the plate for which they are bound the whole in the ordinary and accustomed Form After which exhibiting of their Passes in the form aforesaid they shall not be disturbed or molested detained nor retarded in their Voyages under any pretence whatsoever XV. The same shall be done as to the French Ships and Barques that shall go into any Roads of the Catholick Kings Dominion where they used to trade before the present War and shall be unwilling to enter into the Harbours or being entred there yet will not unlide or break Bulk who shall not be obliged to give any account of their Lading but only in case of suspicion that they are carrying any contrebanda-Goods unto the Enemies of the said Lord the Catholick King as aforesaid XVI And in the said case of apparent suspicion the said Subjects of the most Christian King shall be obliged to show in the Ports their Passes in the form above specified XVII But if they be entered into the Roads or be met in open Sea by any of the said Lord the Catholick Kings ships or by private Men of War of his Subjects the Spanish Ships to avoid all kind of disorder shall not come nearer to the French than the reach of the Canon and shall have power to send their Cock-boat or Shallop abord the said French Ships or Barques and cause two or three of their men only to go into them to whom shall the Passes be shewed by the Master or Patron of the French Ship in the manner aforesaid according unto the Form that shall be inferred at the end of this Treaty whereby it might appear not only of their Lading but also of the place of their abode and residence and of the name both of the Master and Patron and of the ship it self That by those two means it may be known whether they carry any prohibited goods and that it may sufficiently appear both of the quality of the said ship and of its Master and Patron unto which Passes and Sea Letters full Faith and Credit shall be given And to the end their validity might be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings XVIII And in case there be found in the said French vessels and barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seised on or confiscated XIX It hath further been agreed and concluded that whatsoever shall be found to have been laden by the Subjects of his most christian Majesty aboard any ships belonging to the