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
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 Puâ—â—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
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
Flanders the said Lord the most Christian King shall remain seized and shall effectually enjoy the places of Graveling the Forts Philip of the Sluce and Hannuin Bourbourg and the Chastelleny thereof and St. Venant whether it belongs to Flanders or to Artois and their Dominions Appurtenances Dependences and Annexes XXXVII Thirdly within the Province and County of Hainaut the said Lord the most Christian King shall remain seized and shall effectually enjoy the places of Landrecy and Quesnoy and their Bailiwicks Provostships or Chastellenies Dominions Appurtenances and Dependences XXXVIII Fourthly within the Province and Dutchy of Luxembourg the said Lord the most Christian King shall remain seized and shall effectually enjoy the places of Thionville Montmedy and Damvilliers their Appurtenances Dependences and Annexes Provostships and Lordships the Provostship of Ivoy Chavancy Chasteau and the Provostship thereof and the place and Post of Marville scituate upon the small River called Vezin and the Provostship of the said Marville which place and Provostship did formerly belong partly unto the Duke of Luxembourg and partly unto the Dukes of Bar. XXXIX Fifthly His most Christian Majesty having strongly declared that he could never consent to the restitution of the places of la Bassee and Bergh St. Wynox Chastelleny of the said Bergh and the Royal Fort erected upon the Chanel hard by the Town of Bergh and his Catholick Majesty having condescended that they should remain to the French unless an exchange of the said places with others of the like consideration and mutual conveniences could be agreed upon both the said Lords Plenipotentiaries have at last agreed that the said two places of la Bassee and Bergh-St Wynox the Chastelleny and Royal Fort of the said Bergh should be exchanged with the places of Marienbourg and Philippeville situate on the Rivers Sambre and Maez their Appurtenances Dependences Annexes and Dominions And therefore his said most Christian Majesty restoring as it will be said hereafter unto his Catholick Majesty the said places of la Bassee Bergh-St-Wynox and the Chastelleny thereof and the Royal Fort with thei Appurtenances Dependances Annexes and Dominions his Catholick Majesty shall at the same time put into the hands of his most Christian Majesty the said places of Marienbourg and Philippeville his said most Christian Majesty to remain seised of them and effectually enjoy them and their Appurtenances Dependences Annexes and Dominions in the same manner and with the same rights of possession soveraignty and others which his Majesty shall enjoy or may enjoy by the present Treaty in such places as have been gained by his Arms during the War and which are to remain unto him by this Peace And even in case hereafter his most Christian Majesty should happen to be troubled in the possession and enjoyment of the said places of Marienbourg and Philippeville by reason of the pretensions of other Princes his Catholick Majesty doth bind himself to concur to their defence and to do on his part whatsoever shall be necessary that his most Christian Majesty might peaceably and without dispute enjoy the said places in consideration of that his Majesty hath yielded in exchange the said la Bassee and Bergh-St-Wynox which his most Christian Majesty might have kept and possessed without trouble and with all security XL. Sixthly His Catholick Majesty for certain considerations hereafter particularly expressed in another Article of the present Treaty doth promise oblige himself to put into the hands of his most Christian Majesty the town and place of Avennes situate between the Sambre and the Maez with the appurtenances dependences annexes and dominions thereof with all the Artillery and Warlike ammunitions that are therein now to remain to his said most Christian Majesty seised of the said place of Avennes and effectually to enjoy the same and the said appurtenances dependences annexes and dominions after the same manner and with the same right of possession soveraignty and other things which his Catholick Majesty doth now enjoy there And because it hath been reported that within the said place of Avennes and the appurtenances dependences annexes and dominions thereof the ordinary jurisdiction the Rents and other profits do belong to the Prince of Chimay it hath been declared and agreed between the said Lords and Kings that whatsoever is contained within the walls and fortifications of the said place shall remain to his most Christian Majesty so that the said Prince shall have no kind of right rent or jurisdiction within the said walls and fortifications it being only reserved unto him to keep whatsoever in time past did belong to him out of the said place in the Villages Countreys and Forrests of the said dependence of Avennes in the same manner as he hath hitherto possessed the same provided also as hath been said before that the soveraignty and the high dominion of the said Villages Countreys and Forrests of the said dependence of Avennes shall belong and remain to his most Christian Majesty the said Lord the Catholick King having taken upon himself to indamnify the said Prince of Chimay for the interest he may have in what is taken from him by the present Treaty within the precincts of the said place as aforesaid XLI The said places of Arras Hesdin 〈…〉 Bethune and the Towns of Lillors Lens County of St. Pol Teroanâ—… and their Bailiwicks as also all the other Bailiwicks and Chastellenies of Artois except only as aforesaid the Towns and Bailiwicks of Ayre St. Omer their appurtenances dependences annexes and dominions as also Renty in case it be not found to be any of the dependences of Ayre or of St. Omer together with the places of Graveling and the Forts Philip the Sluce and Hannuin Bourbourgh and St. Venant in Flanders the places of Landrecy and Quesnoy in the Haynaut as also those of Avennes Marienbourgh and Philippeville which are to be put in the hands of the most Christian King as aforesaid And likewise the places of Thionville Montmedi and Damvillers the Town and Provostship of Ivoy Chavency Chasteau and the Provostship thereof and Marville in Luxembourgh their Bailiwicks Chastellenies Governments Provostships Territories Dominions Lordships Appurtenances Dependences and Annexes shall remain by the present Treaty of Peace unto the said Lord the most Christian King and to his Successors and Assigns irrevocably for ever and with the same rights of soveraignty propriety regality patronage wardianship jurisdiction nomination prerogatives and preeminences upon the Bishopricks Cathedral Churches other Abbeys Priories Dignities Parsonages or any other Benefices whatsoever being within the limits of the said Countreys places Bailiwicks so yielded of whatsoever Abbies the said Priories may hold and depend and all other rights formerly belonging to the said Lord the Catholick King though not particularly related here And his most Christian Majesty shall never hereafter be troubled nor molested 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 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
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
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
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
the aforesaid Commissioners and of the Inhabitants of the Viguery of Conflans and the aforesaid part of the County of Cerdana As also it ought reciprocally to be understood of the County of Cerdana and of the part of the Viguery of Canflans that may or ought to remain to his Catholick Majesty by the present Treaty and the Declaration of the said Commissioners LX. Although his most Christian Majesty hath never been willing to engage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extream passion to see the Kingdom of Portugal enjoy the same quietness which so many Christian States shall get by the present Treaty hath for that end proposed a good number of parties and expedients such as his Majesty thought might be satisfactory to his Catholick Majesty among which though as aforesaid his Majesty was no way ingaged in that Affair his Majesty hath even gone so far therein as to be willing to deprive himself of the principal fruit of the happiness and success his Arms have had during the course of a long War offering besides the places his Majesty doth now restore by the present Treaty unto his Catholick Majesty to restore yet unto him all the rest of the Conquests generally made by his Arms during this War and wholly to restore the Prince of Condae Provided and upon that condition that the affairs of the Kingdom of Portugal should be left as they are now which his Catholick Majesty having refused to accept but only offering that in consideration of the mighty Offices of the said Lord the most Christian King he would give his consent for setting all things in the said Kingdom of Portugal in the same state they were afore the change arived there in the Month of December in the year 1640 pardoning and giving a general Amnisty for all what is past and granting the re-establishment into all Estates Honours and Dignities to all such without distinction of persons as returning under the obedience of his Catholick Maiesty shall put themselves again in posture to enjoy the effect of the present peace At length in consideration of the peace and considering the absolute neeessity his said most Christian Majesty hath been in to perpetuate the War by breaking off the presen◠Treaty which his Majesty found to be unavoidable in case he would have any longer insisted upon the obtaining upon that affair of his Catholick Majesty other conditions than such as he offered as aforesaid And his said most Christian Majesty willing to prefer as it ought to be and is most just the general quietness of Christendom to the particular interest of the Kingdom of Portugal for whose advantage and in whose behalf his said Majesty hath never omitted any thing of what depended of him and did lie in his power even to the making of such great offers as aforesaid it hath been at length concluded and agreed between the said Lords and Kings that it shall be granted unto his said most Christian Majesty a space of three months time to begin from the day of the exchanging of the Ratifications of the present Treaty during which his said Majesty may send into the said Kingdom of Portugal to endeavour so to dispose things there and to reduce and compose that affair that his Catholick Majesty may remain fully satisfied Which three months being expired if his said most Christian Majesties cares and offices have not had the desired effect his said Majesty will no further meddle with that affair and doth oblige and engage himself and promise upon his Honour and in the word of a King for himself and his Successors not to give unto the said Kingdom of Portugal either in general or to any person or persons in particular of what dignity state condition or quality soever they be now or hereafter any help or assistance publick or secret directly or indirectly of Men Arms Ammunition Victuals Ships or Mony upon any pretence nor any other thing whatsoever by Sea or Land nor in any other manner As also not to suffer any levies to be made in any parts of his Kingdom and Dominions nor to grant passage to any that might come from other Srates to the assistance of the said Kingdom of Portugal LXI His Catholick Majesty doth renounce by this Treaty both in his Name and of his Heirs Successors and Assigns unto all the Rights and Pretensions without keeping or reserving any thing which his Majesty may or might hereafter have upon the Upper and Lower Alsatia the Zuntgaw the County of Ferrese Brisac and Dependences thereof and upon all the Countries places and rights left and yielded to his most Cristian Majesty by the Treaty made at Munster the 14 of October 1648 to be united and incorporated to the Crown of France His Catholick Majesty approving for the effect of the said Renunciation the Contents of the said Treaty of Munster and not any other thing of the said Treaty as not having intervened therein In consideratiòn of which present renuntiation his most Christian Majesty do offer to satisfie to the payment of Three Millions of Livers his Majesty is obliged to pay by the said Treaty to the Archdukes of Inspruek LXII The Duke Charles of Lorraine having shewed much sorrow for his conduct towards the Lord the most Christian King and to have a firm intention to give him more satisfaction for the future both of himself and of his actions than the time past and the occasions have formerly enabled him to do his most Christian Majesty in consideration of the mighty offices of his Catholick Majesty doth from this time receive the said Duke into his good Grace and in contemplation of the Peace without looking to the Rights his Majesty may have acquired by several Treaties made by the late King his Father with the said Duke after the demolishing which shall be first made of all the Fortifications of both the Towns of Nancy which he shall not have power to raise again and the drawing and carrying away of all the Artillery Powder Bullets Arms and Ammunitions of War that are at present in the Magazines of the said Nancy shall put again the said Duke Charles of Lorrain into the possession of the Dukedom of Lorrain and even of the Towas Places and Countries by him formerly possessed depending of the three Bishopricks of Metz Thoul and Verdun except first Moyenvie which though within the Marches of Lorrain yet belonged to the Empire and hath been yielded to his most Christian Majesty by the Treaty made at Munster the 21 of October 1648. LXIII Secondly Except the whole Dukedom of
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
and being sensible of the said Princes proceeding and submission hath desired and consented that his interests should be regulated in this Treaty after the manner following granted and agreed on between the two Lords the Kings LXXX First That the Prince shall lay down arms at the furthest within eight weeks reckoning from the day of the subscribing of the present Treaty and shall effectively disband all his forces both horse and foot French and Foreigners who make up the body of the Army he commands in the Low-countries and that after such manner as his most Christian Majesty shall be pleased to prescribe except the Garisons of Rocroy le Chastelet and Linchamp which shall be disbanded at the time appointed for the restitution of the said three places And the said laying down of arms and disbanding shall be made by the said Prince really and bona fide without transporting lending or selling either really or feignedly unto any other Princes or Potentates whatsoever either friends or foes or either Allies of France LXXXI Secondly that the said Prince sending an Express to his Majesty to confirm more particularly unto him all the things aforesaid in his name shall deliver unto his Majesty an Act subscribed by him whereby he shall submit to the execution of what hath been concluded between the two Lords and Kings as to his person and interests and as to the persons and interests of those that have followed him And in consequence thereof he shall declare that he sincerely departeth from and bona fide renounceth to all Leagues Intelligences and Treaties of Association or Protection he may have made and contracted with his Catholick Majesty or any other Kings Potentates or Foreign Princes whatsoever or any other persons within or without the Kingdom of France with promise never to take or receive at any time hereafter of the said Foreign Kings or Potentates any Pensions establishments or Benefits that may oblige him to a dependance of them or to any tie to any other Kings or Potentates but to his said Majesty his Soveraign Lord upon the penalty in case of breach of the said Writing to forfeit from that time the restoring and re-establishing granted to him by the present Treaty and to return to the same condition he was in about the latter end of March in this present year LXXXII Thirdly that the said Prince in execution of what hath been before concluded and agreed between the said two Lords and Kings shall really and indeed put into the hands of his most Christian Majesty the places of Rocroy le Chastelet and Linchamp upon the time and day appointed by another Article of this same Treaty LXXXIII Provided that what is abovesaid be executed his most Christian Majesty in contemplation of the Peace and in consideration of the offices of his Catholick Majesty using his Royal clemency shall sincerely and with a good heart receive the said Prince into his grace will pardon him and with the same sincerity will forget all what for the time past he hath done and undertaken against his service within or without the Kingdom and will like his return into France even where his Majesties Court shall be In consequence whereof his said Majesty shall restore and re-establish the said Prince really and indeed into the free possession and enjoyment of all his Estates Honors Dignities and Priviledges of first Prince of his blood Yet so that as to the said Estates and Goods of what nature soever the said Prince shall never pretend any thing for the time past for restitution of the fruits of the said Estates by whomsoever they may have been enjoyed by order of his Majesty nor for payment and restitution of his Pensions Salaries or any other Rents and Revenues he had upon Demaines Farms or General Receipts of the said Lord the King nor by reason or under pretence of what he might pretend to be due unto him by his Majesty afore his going out of the Kingdom nor for demolitions degradations or damages made by his Majesties orders or otherwise in what manner soever upon the Estates Towns places fortified or not fortified Lordships Chastellenies lands and houses of the said Prince LXXXIV And concerning the Charges and Governments of Provinces or places whereof the said Prince was provided and which he possessed afore his going out of France his most Christian Majesty hath for a long time constantly refused to restore him thereunto until being sensibly affected with the proceeding and the submission aforesaid of the said Prince when he wholly referred to his good pleasure and disposition all his interests without any pretension and whatsoever was offered to him by his Catholick Majesty for his in damnifying his most Christian Majesty hath at length inclined to grant him what followeth upon certain conditions hereafter specified concluded and agreed on by the said Lords and Kings viz. That in case the Lord the Catholick King on his part instead of what he intended to give to the said Prince towards the in damnifying of him will draw out the Spanish Garison that is in the Town place and Cittadel of Juliers and leave the said place and Cittadel free of the said Garison unto the Duke of Newburgh upon the conditions and in the manner that shall be hereafter more particularly specified in another Article of this present Treaty As also if his said Catholick Majesty besides the drawing out of the Town and Cittadel of Juliers the aforesaid Spanish Garison doth put in the hands of his most Christian Majesty the Town and place of Avennes situate between the Rivers of Sambre and Maez with the Appurtenances Dependances Annexes and Dominions after the manner his said Catholick Majesty hath above obliged himself to do by an Article of this present Treaty which place of Avennes his said Majesty intended also to have given among other things unto the said Prince Provided his Majesty doth perform the premisses as aforesaid that is to say by way of compensation for the said remitting and yielding of one of the said places to the said Lord the most Christian King to be for ever united and incorporated to the crown of France and of the going of the Spanish Garison out of the other in the behalf of a Prince who is a friend and an Ally of his said most Christian Majesty whom his Majesty hath desired to oblige by vertue of the Treaty of the said Alliance His said most Christian Majesty for all things generally whatsoever that may concern the charges and Governments formerly possessed by the said Prince or which any of those that belong to him had ground to hope none excepted will give unto the said Prince the Government of the Province of Burgundy and Brescia wherein are understood to be comprehended the Countries of Bugey Gex and Veromey As also will give him the particular Governments of the Castle of Dijon and of the Town of St. John de Laune and to the Duke of Enguien his son the charge of
their Ministers to repair to the Court of the other and other places if need be to the end that hearing jointly at the place where the said Ministers shall meet such persons as shall apply themselves unto them about those affairs and taking conusance of the contents of the Articles of the Treaty and of what the said Parties shall offer unto them they might Declare together unanimously briefly and summarily without any other formality of Justice what ought to be executed issuing thereupon the necessary Act and Instrument of their Declaration which Act shall be performed without admitting or leaving any room to any contradiction or reply CXIII The execution of the present Peace in what regardeth the restitution and surrendring of the places which the said Lords and Kings are to restore and put in the hands one of the other respectively or of their Allies by virtue of and in conformity to this Treaty shall be made at the time and after the following manner CXIV First without staying for the exchange of the Ratifications of the present Treaty to the end the Forces which make up the Army of the most Christian King and the Garrisons of the places he holdeth in Italy might repass the Alpes afore the Ice doth shut up the passages both the said Plenipotentiaries have concluded and agreed That they take upon themselves to have the Orders of their Majesties respectively forthwith sent by Expresses unto the Duke of Navailles the Count of Fuensaldagne as also to the Marquis of Caracent for what concerneth him to make upon the 30th of the instant November the following Restitutions viz. Upon that day shall be restored by the Lord the most Christian King unto his Catholick Majesty the places of Valence upon the Po and of Mortara in the State of Milan As likewise upon the same 30th day of November shall be restored by the Lord the Catholick King unto the Duke of Savoy the place and Cittadel of Verceil in Piedmont and towards the low Counties unto his most Christian Majesty the place of Castelet the said Lords and Plenipotentiaries having taken upon themselves by vertue of the particular Orders they have of their Majesties for that purpose the punctual execution of that Article afore the exchange of the Ratifications of the present Treaty as aforesaid CXV The exchange of the Ratifications being made within the day that hereafter shall be named on the 27th day of December of this present year shall be restored by the said Lord the most Christian King unto his Catholick Majesty the places of Oudenard Marville Menene and Comine upon the River Lys Dixmude and Furne with the Posts of La Fintelle and La Quenoque As also upon the same 27th day of December shall be restored by the said Lord the Catholick King unto his most Christian Majesty the places of Rocroy and Linchamp CXVI Eight days after which will be the 4th of January of the next year 1660. shall be restored by the said Lord the most Christian King unto his Catholick Majesty the places of Ypre La Bassee Bergh St. Wynox and the Fort Royal thereof and all the Posts Towns and Castles taken by the French Arms in the Principality of Catalonia except Roses Fort of the Trinity and Cape De Quiers As likewise upon the same 4th day of January shall be restored by the said Lord the Catholick King and put into the hands and in the power of his most Christian Majesty the places of Hesdin Philippeville and Marienbourg CXVII After the Prince of Conde hath rendred his respects to the most Christian King his Soveraign Lord and is setled again into the Honours of his Grace the places of Avennes and Juliers shall be by the Lord the Catholick King put into the hands and in the power of his most Christian Majesty and of the Duke of Newbourg And the same day the said Lord the most Christian King shall restore unto his Catholick Majesty the Posts Towns Forts and Castles taken by the French in the County of Burgundy after the manner and at the time more particularly agreed upon by their said Majesties CXVIII Upon supposition and condition that the said Commissioners that are to be appointed to declare the places that ought to belong to each of the said Lords and Kings in the Counties and Vigueries of Conflans and Cerdana shall have before concluded and unanimously made the declaration that is to regulate for the future the Limits of both Kingdoms As also when all the aforesaid restitutions are made and punctually performed his most Christian Majesty shall restore upon the 5th of May of the next year 1660. unto his Catholick Majesty the places and Posts of Roses the Fort of the Trinity and Cape de Quiers upon the conditions more particularly agreed on by their Majesties CXIX It hath likewise been concluded and agreed that in the Exchange that shall be made of La Bassee and Berg St. Wynox and its Royal Fort with Philippeville and Marienbourg there shall be left in the said places as much Artillery both in number and of the same weight and quality as well in the one as in the other as also as much Ammunition of War of all sorts and Victuals as the Commissioners appointed on both sides shall agree bona fide and shall see it performed So that what shall be found over and above as well in the one as in the other may be taken out of the said places and transported any where else where the Lord and King shall please to whom that greater quantity of the things aforesaid shall be found to belong CXX Their said Majesties have likewise concluded agreed resolved and promised upon their Royal Word to send each on their part their Orders to the Generals of their Armies or Governors of their Arms and Countries to have them give their assistance for the execution of the said respective Restitutions of places upon the certain days before prefixed advising together bona fide about the means and all other things that may regard the faithful execution of what hath been promised and agreed between their said Majesties after the manner and at the time aforesaid CXXI The Duke Charles of Lorrain accepting as to what concerns him this present Peace upon the conditions afore stipulated between the said Lords and Kings and not otherwise his most Christian Majesty shall re-establish within four months from the day of exchanging of the Ratifications of the present Treaty the said Duke into the Dominions Lands and places expressed before except such as are to remain to his most Christian Majesty in Propriety and Soveraignty by the said present Treaty Provided the said Duke afore his re-establishment besides his accepting of the Conditions that concern him in the present Peace doth furnish unto his most Christian Majesty and at his satisfaction all the several Acts and Obligations he is to put into his hands according to this Treaty and after the manner specified and stipulated before CXXII
Besides the Duke of Savoy the Duke of Modena and the Prince of Monaco who as Allies of France are of the chiefest Contractors in this Treaty as aforesaid by the common consent of the said Lords the most Christian Catholick shall be comprehended in this Peace and Alliance if they will be comprehended therein on his most Christian Majesties part first Our Holy Father the Pope the Holy Apostolical See the Electors other Princes of the Empire Allies and Confederates with his Majesty for the maintaining of the Peace of Munster viz. the three Electors of Mentz Coleâ— and the Count Palarine of the Rhine the Duke of Newburg the Dukes Auguste Christiane Lewis and George William of Brunswick and Luneburge the Landgrave of Hessen-Cassel and the Landgrave of Darmstat the Duke and the Seigniory of Venice and the Thirteen Cantons of the League of Switzerland and their Allies and Confederates all other Kings Potentates Princes and States Towns and particular persons to whom his most Christian Majesty upon a decent requisition made by them for it will grant on his part to be comprehended in this Treaty and will name them within a year after the publication of the Peace unto his Catholick Majesty by a particular Declaration to enjoy the benefit of the said Peace both by the aforenamed and by such as his Majesty shall name within the said time Their Majesties giving their Declaratory and Obligatory Letters required in such case respectively and the whole with an express Declaration that the said Catholick King shall not have power directly nor indirectly to molest by himself or by others any of those who on the said Lord the most Christian Kings part have been above or hereafter shall be comprehended by a particular Declaration And that if the Lord the Catholick King hath any pretensions against him he shall only have power to prosecute him by right before competent Judges and not by force in what manner soever it may be CXXIII And on the said Lord the Catholick Kings part shall be comprehended in this Treaty if they will therein be comprehended our holy Father the Pope the Apostolical See the Emperor of the Romans all the Archdukes of Austria and all the Kings Princes Republicks States and particular Persons who as Allies of this Crown were named in the Treaty of Peace made at Vervins 1598. and who shall have preserved and do at this day preserve themselves in that Alliance To whom are added now the United Provinces of the Low Countries and the Duke of Guastale as also shall be comprehended all such others as by common consent of the said Lords and Kings shall be named within a year after the Publication of the present Treaty to whom as also to the aforenamed if they desire it in particular Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace with express Declaration That the said Lord the most Christian King shall not have Power directly nor indirectly by himself or by others to molest any of them And if he hath any pretentions against them he shall have power only to prosecute them by Right before competent Judges and not by Force CXXIV And for greater security of this Treaty of Peace and of all the points and Articles therein contayned the said Treaty shall be Published Verified and Registred in the Court of the Parliament of Paris and in all the other Parliaments of the Kingdom of France and in the Chamber of Accounts in the said Paris As likewise the said Treaty shall be Verified Published and Registred as well in the Grand Council and other Councils and chambers of Accounts of the said Lord the Catholick King in the Low Countries as in the other Councils of the Crowns of Castile and Arragon according unto and after the manner contained in the Treaty of Vervins of the year 1598. whereof the Expeditions shall be delivered on both sides within three Moneths after the Publication of the present Treaty Which Points and Articles before set down together with the whole Contents of any of them have been Treated Granted Passed and Stipulated between the aforesaid Plenipotentiaries of the said Lords the most Christian and Catholick King in the name of their Majesties Which Plenipotentiaries by virtue of their Power the Copie whereof are inserted at the bottom of this present Treaty have promised and do promise under the Obligation of all and every the Goods and Estates present or to come of the Kings their Majesties That the same shall be by their Majesties Inviolably observed and performed and to cause them to Ratifie the same meerly and singly without adding any thing thereunto and to give and deliver Reciprocally one to the other Authentical and sealed Letters wherein the whole present Treaty shall be word for word inserted and that within 30 days from the day and date of these presents and sooner if it may be Besides the said Plenipotentiaties have promised and do promise in the Names aforesaid That the said Letters of Ratification being exchanged and Furnished the said most Christian King as soon as it may be and in the presence of such person or persons as the said Lord the Catholick King shall be pleased to appoint shall Solemnly Swear upon the Cross the holy Evangelists the Canons of the Mass and upon his Honour to observe and perform Fully Really and Bona fide the whole Contents of the Articles of the present Treaty And the like shall be done also as soon as possibly may be by the said Lord the Catholick King in the presence of such person or persons as the said Lord the most Christian King shall be pleased to appoint In witness whereof the said Plenipotentiaries have subscribed the present Treaty with their Names and set the Seals of their Coat of Arms thereunto We having the aforesaid Treaty acceptable in all and every the Points and Articles therein contained and declared have both for us and for our Heirs Successors Kingdoms Countries Lands Lordships and Subjects Accepted Approved Ratified and Confirmed and do Accept Approve Ratifie and Confirm the same and do promise in the Faith and Word of a King and under the Obligation and Engagement of all and every our goods present and to come Inviolably to Keep Observe and Maintain the whole without ever doing any thing contrary thereunto Directly nor Indirectly in what sort and manner soever In Witness whereof We have signed these Presents with our Hand and thereunto caused our Seal to be set and apposed Given at Thoulose the four and twentieth of November 1659. and of our Reign the Seventeenth FINIS
Bar Countries Towns and places making up the same as well that part thereof as doth hold from the Crown of France as that which might be pretended not to hold of it LXIV Thirdly Except the County of Clermont and the Dominion thereof and the places Provostships and Lands of Stendy Dun and Jametz with the whole Revenue thereof and the Territories belonging to them Which Moyenvie Dukedom of Bar therein comprehended the part of the place and Provostship of Merville which part as it hath been said before did belong to the Duke of Bar Places County Provostship Lands and Dominions of Clermont Stenay Dan and Jametz with their Appurtenances Dependencies and Annexes shall remain for ever united and incorporated to the Crown of France LXV The said Duke Charles of Lorrain afore his re-establishment into the Dominions aforesaid and afore any place be restored unto him shall give his consent to the tenour of the three immediately foregoing Articles And to that effect shall deliver to his most Christian Majesty in the most valid and authentick form his Majesty might desire the Acts of his renunciation and cession of the said Moyenvie Dukedom of Bar therein comprehended the part of Merville both the part holding and pretended not to hold of the Crown of France Stenay Dun Jametz the County of Clermont and the Dominion thereof Appurtenances Dependencies and Annexes And the said Duke not his successours either now or ever hereafter shall pretend or demand any thing of the price the late King Lewis XIII of glorious memory had bound himself to pay unto the said Duke for the said Dommion of the County of Clermont by the Treaty made at Liverdun in the Month of June 1632. because the Article containing the said Obligation hath been annullated by the subsequent Treaties and again afresh in as much as need might be is wholly annullated by this present Treaty LXVI His most Christian Majesty in restoring unto the said Duke Charles the places of his Dominions as aforesaid shall leave therein except only in such as are agreed to be demolished all the Artillery Powder Bullets Arms Victuals and Ammunitions of War that are in the Magazines of the said places without imbezling weakning and damnifying the same in any manner whatsoever LXVII Neither the said Duke Charles of Lorrain nor any other Prince of his House or of his adherents and dependents shall have power to remain in Arms but both the said Duke and the other aforesaid shall be bound to disband their Forces at the Publication of the said Peace LXVIII The said Duke Charles of Lorrain afore his re-establishment into his Dominions shall likewise prepare an Act in good form unto his most Christian Majesty that he doth desist and give over all Intelligences Leagues Associations and practises he hath or may have with any Prince State and Potentate whatsoever to the prejudice of his Majesty and the Crown of France And that for the future he will give no retreat into his Dominions to his enemies Rebels or suspected Subjects and will not permit any Levies there nor gathering of Souldiers against his Service LXIX The said Duke Charles shall likewise give afore his re-establishment an Act in good form unto his most Christian Majesty whereby he shall bind himself both for himself and all the Dukes of Lorrain his Successours to grant at all times without any difficulty under what pretence soever the same might be grounded free passage upon his Dominions both to such persons and forces Horse and Foot whom his said Majesty and the Kings of France his Successours shall have occasion to send into Alsatia or to Brisac and Philipsbourg as often as he shall be desired of it by his said Majesty and his said Successours and to cause Victuals Lodgings and other necessaries to be afforded unto the said forces in his said Dominions by way of Estap the said forces paying their expences at the ordinary rate of the Country Provided they be but meer passages at regular marches and reasonable journeys without so journing in the said Dominions of Lorrain LXX The said Duke Charles afore his re-establishment into his Dominions shall put into the hands of his most Christian Majesty an Act in good form and satisfactory to his Majesty whereby the said Duke shall oblige himself for himself and for all his Successours to cause the Farmers and Administrators of the Salt-pits of Rosieres Chasteau-Salins Dieuze and Marsal which his Majesty doth restore unto him by the present Treaty to afford unto his Majesty all such quantity of Measures of Salt as shall be necessary for furnishing all the Salt Store-houses that ought to be filled for the use and ordinary consumption of his Majesties Subjects within the three Bishopricks of Metz Thoul and Verdun Dukedom of Bar and County of Clermont Stenay Jametz and Dun at the same rate for each measure of Salt as the said Duke Charles was wonted to afford it to the Store-houses of the Bishoprick of Metz in time of Peace during the last year of the said Dukes possessing his whole Dominions and neither he nor his Successours shall have power to raise the price of the said measures of Salt LXXI And because since the time the late most Christian King of glorious memory hath conquered Lorrain by his Arms a great number of the Subjects of that Dukedom have served their Majesties in consequence of the Oaths of Fidelity their Majesties have desired of them it hath been agreed That the said Duke shall not like them nor use them the worse for it but shall consider and use them as his good and faithful Subjects and shall pay them off such Debts and Rents whereof his Dominions may be charged Which his Majesty doth so particularly desire that had it not been for the assurance his Majesty takes of the Faith the said Duke will engage to him for that purpose his Majesty would have never granted him so much as he doth by the present Treaty LXXII It hath been farther agreed that the said Duke shall not have power to alter any thing in the Provisions of the Benefices granted by the said Lords and Kings untill the day of the present Treaty and that such as have been provided shall remain in the peaceable possession of the said Benefices wherein the said Duke shall not disturb or molest them nor have power to turn them out of their possession LXXIII It hath been further agreed that the Confiscations given by his Majesty and his Father the late King of the Estates of such as were in armes against him shall be of force as to the enjoyment of the said Estates untill the day of the date of the present Treaty and such as have enjoyed the same by vertue of the said Gifts shall not be troubled nor molested for the same in any wise and for no cause whatsoever LXXIV It hath been further agreed that all Proceedings Judgments and Arrests issued by the Council Judges and other Officers of his most
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
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 Gatholick MAJESTIES The Seventh of November 1659. Printed in Paris by His Majesties Command and now faithfully rendred English LONDON Printed for T. Collins J. Wright T. Sawbridge and M. Pitt 1678. The Treaty of Peace 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 Catholick Majesties in the Isle called of the Pheasants in the River of Bidassoa upon the Confines of the Pyrenaean Mountains the seventh of November 1659. LEWIS BY THE GRACE OF GOD KING OF FRANCE AND OF NAVARRA To all those who shall see the present Letters Greeting Whereas by vertue of the Powers respectively given by us and the most High most Excellent and most Potent Prince the Catholick King of Spain our most Dear and most Beloved good Brother and Uncle unto our most Dear and most Beloved Cosen the Cardinal Mazarin and to the Lord Dom Lewis Mendez de Haro and Gusman they have in the Isle called of the Pheasants in the River of Bidassoa upon the Confines of both the Kingdoms towards the Pyrenean Mountains the Seventh of the instant month of November concluded agreed and signed the Treaty of Peace and Reconciliation the tenor whereof is as followeth IN THE NAME OF GOD THE CREATOR To all present and to come Be it known That whereas a long and bloody War hath many years since caused great miseries and oppressions to be suffered by the People Kingdoms Countries and Dominions under the obedience of the most High most Excellent and most Potent Prince Lewis the XIV by the Grace of God most Christian King of France and Navarra and of Philip the IV by the Grace of God Catholick King of Spain In which War other Princes and Republicks their Neighbours and Allyes having also taken part many Towns and Countries of both the parties have been exposed to great evils miseries ruines and desolations And although at other times and by several ways diverse Overtures and Negociations for an accommodation have been made yet none of them through the mysterious secrets of the Divine Providence could take the effect most earnestly desired by their Majesties until at length that supreme God who hath in his hand the hearts of Kings and hath particularly reserved to himself alone the precious Gift of Peace hath had the goodness through his infinite Mercy to inspire at the same time both the Kings and so to guide and direct them that without any other interposition or motives but the only 〈…〉 of compassion they have had of the sufferings of their Good subjects and of a Fatherly desire of their good and relief and of the Peace of the whole Christendom they have found the means how to put an end to so great and long calamities to forget and extinguish the causes and the seeds of their divisions and to settle to the glory of God and the exaltation of our holy Catholick Faith a good sincere entire and lasting Peace and Fraternity between them and their Successors their Allyes and Dependants By means whereof the dammages and miseries suffered might quickly be repaired in all parts Which to attain unto both the said Lords and Kings having given order unto the most eminent Lord Messire Julas Mazarin Cardinal of the holy Roman Church Duke of Mayenne Head of the most Christian Kings Councils c. and unto that most excellent Lord the Lord Dom Lewis Mendez de Haro and Gusman Marquis of Carpier Earl-Duke of Olivares perpetual Governour of the Royal Palaces and of the Arcenal or Magazine of the City of Sevella great Chancellor perpetual of the India's one of his Catholick Majesties Council of State great Commander of the order of Alcantara Gentleman of his Majesties Chamber and Gentleman of his Horse these two first and principal Ministers to meet upon the Confines of both the Kingdoms towards the Pyrenaean Mountains as being the two persons who are best informed of their holy intentions of their Interests and of the most intimate secrets of their hearts and consequently the most able to find out the necessary expedients to end their differences and to that end having given unto them most large Powers the Copies whereof are inserted at the end of these presents both the aforesaid principal Ministers by vertue of their said powers acknowledged on both sides to be sufficient have granted established and concluded the following Articles I. FIRST it is concluded and agreed that for the future there shall be a good firm and lasting Peace confederation and perpetual alliance and amity between the most Christian and Catholick Kings their Children borne and to be born their Childrens Successors and Heirs their Kingdoms Dominions Countries and Subjects who shall love one another as good Brethren procuring with all their power the mutual good honor and reputation one of the other and shuning bona fide as much as in them shall lye the damage one of the other II. In consequence of that good re-union the Cessation of all manner of Hostility concluded and signed the eight day of May of this present year shall continue according to its tenor between the said Lords and Kings their Subjects Vassals and Adherents both by Sea and other Waters and by Land and generally in all places where the War hath been hitherto between their Majesties And if any new thing or ways of Fact should hereafter be attempted by the Arms or in any manner whatsoever under the name of the Authority of either of the said Lords and Kings to the prejudice of the other the dammages shall be presently repaired and things put again in the same state as they were in upon the eighth day of May aforesaid when the said suspension of Arms was agreed on and subscribed the tenor whereof ought to be observed until the publication of the Peace III. And for hindering lest the differences that might hereafter happen betwixt any Princes or Potentates in Alliance with the said Lords and Kings be able to alter the good correspondency aâ—â— amity between their Majesties which every one of them is desirous to make so sure and lasting that no accident may disturb the same it hath been concluded and agreed that in case hereafter any difference should arise betwixt their Allies which might carry them to an open breach between themselves neither of the said Lords and Kings shall assault or disturb by his Arms the Ally of the other or shall give an assistance publick or private against the said Ally without first and afore all things treating in the Court of the other King by his Ambassador or some other particular person about the occasion of the said difference hindring as much as in them shall lye and by their authority the taking up
payment for the future of the current of the said Dower and other Arrears what is further disposed about it hereafter by another Article of the present Treaty shall be followed LXXXXIV And because the Divisions or contrary pretensions of the Houses of Savoy and Mantua have several times caused some troubles in Italy because of the assistances the said Lords and Kings have at divers times given each of them to his Ally that for the future no subject or pretence may be left that might afresh after the good intelligence and amity of their Majesties It hath been concluded and agreed for the good of the Peace that the Treaties made at Querasque in the year 1632 about the differences of the said Houses of Savoy and Mantua shall be executed according to their form and tenor And his Catholick Majesty doth promise and engage his Royal Word never to oppose nor in any wise to do any thing contrary unto the said Treaty nor to the execution thereof for any reason action or pretence whatsoever and not to give any assistance or favour directly nor indirectly in any manner whatsoever to any Prince that shall offer to infringe the said Treaties of Querasque whereof his most Christian Majesty shall have power to maintain the observation and execution of it by his authority and if need be with his Arms. And his most Catholick Majesty shall not have power to make use of his own to hinder it any thing of the third Article of the present Treaty whereunto it is expresly derogated this present Article only for that regard contrary thereunto notwithstanding LXXXXV Whereas the difference remaining betwixt the said Duke of Savoy and the Duke of Mantua about the Dower of the late Princess Margaret of Savoy Grand-mother to the said Duke of Mantua could not be composed in several conferences had by the Commissioners of the said Dukes about the same both in Italy and in this place before the Plenipotentiaries of their Majesties because of the too great distance of the one and the exceptions of the other So that they could not agree afore the conclusion of the said Peace which ought not to have been retarded because of that interest onely It hath been concluded and agreed that the said Dukes shall cause their Commissioners to meet in Italy within thirty days after the subscribing of this Treaty and sooner if it may be at such a place as shall be agreed on between the Duke of Navailles and in his absence between the Ambassador of the most Christian King residing in Piedmont and the Count of Fuensaldana or in such manner as they shall think it most fit to the end that with the intervention of the Ministers of both the Lords and Kings which may happen to contribute much for facilitating and carrying on of that accommodation they might attend the composure of that difference so that within other forty days after their first meeting the said accommodatoin may be concluded and the parties may agree about the sum that is due And in case that new conference do not produce the intended effect afore the Spring then both the Plenipotentiaries of the two Lords and Kings shall meet again together upon this same Frontier of both the Kingdoms And then their Majesties having been acquainted by their Ministers of the reasons on both sides and of the expedients propounded unto them shall make choice of that which they shall judge to be just and reasonable to mediate the accommodation of that business in an amicable way so that the said Dukes might and be obliged to remain satisfied on both sides And their said Majesties shall concur afterwards unanimously to procure that their determinations may be executed so that nothing might remain that may alter the publick tranquility of Italy LXXXXVI And because since the death of the Duke of Modena hapned in Piedmont the last year 1658. his Catholick Majesty hath been informed by his Ministers in Italy that the Duke of Modena his Successor hath shewed his pleasure for the things hapned during this War and to have a firm intention to give satisfaction to his said Majesty concerning his person and his actions and to merit by his conduct his Royal good will the said Duke having made for that end divers offices to the Count of Fuensaldana Governor and Captain-General in the State of Milan Upon this consideration and of the Lord the most Christian Kings interposition his Catholick Majesty doth from henceforth receive into his Grace the person and the house of the said Duke who shall for the future live and proceed in a good and free neutrality with the two Crowns of France and Spain and his Subjects shall have power to have and to hold a Free-commerce within the Dominions of both the Crowns And the said Duke and his Subjects shall enjoy such Rents and Graces as they have obtained or hereafter may obtain of their Majesties as they wonted to enjoy them without difficulty afore the taking up of Arms. LXXXXVII Likewise his Catholick Majesty hath consented and granted never to send any more into the place of Correggio the Garrison he used to have there for the time past So that the possession of the said place of Correggio shall remain free of the said Garrison And even for a greater security and advantage of the said Duke his Catholick Majesty doth promise to make most pressing offices towards the Emperor that he may be pleased to grant unto the said Duke to his satisfaction the investiture of the aforesaid Dominion of Correggio as the Princes of the said Correggio formerly had it LXXXXVIII As to the Dower of the Serenissima Infanta Catharina assigned upon the Customs of Foja in the Kingdom of Naples of 48000 Duckets of yearly revenue or such other quantity as shall appear by the Books of the Royal Chamber of that Kingdom about which Dower there is some difference betwixt the Duke of Savoy and the Duke of Modena his Catholick Majesty acknowledging without any difficulty that he oweth the same and having intention to pay it to any of the said Dukes to whom the propriety of the said Dower shall be adjudged by Justice or by any particular convention or agreement made between them it hath been concluded and agreed That his said Catholick Majesty shall forthwith settle all things concerning the said Dower in the same state they were when the payment of the said Dower began to cease to be paid upon the occasion of the taking up of Arms That is to say if at that time the Monies of the said Dower were sequestred they shall continue so still for the future until the differences betwixt the said Dukes be ended either by a definitive Judgment of Justice or by a mutual agreement between them And if at the aforesaid time the late Duke of Modena was in possession of enjoying the same Dower and the Monies thereof not sequestred his Majesty shall continue from this time to pay unto the