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A47720 Articles of peace between the emperour and empire, and France concluded in the royal palace of Reswick, in Holland, October 30, 1697.; Treaties, etc. France, 1697 Oct. 30 Holy Roman Empire.; Leopold I, Holy Roman Emperor, 1640-1705.; France. Treaties, etc. Holy Roman Empire, 1697 Oct. 30. 1697 (1697) Wing L1108A; ESTC R43375 24,354 33

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their former State in respect to Honour and Goods as it was before the War began excepting in those things which upon account of Ecclesiastical Benefices Moveables and Incomes are particularly specified in the following Articles III. And for as much as the Peace of Westphalia and Nimeguen is to be the Basis and Foundation of the present Peace the same shall forthwith after the exchange of the Ratifications be fully restored and Executed both in Sacred and Civil Matters and hereafter be preserved inviolable saving in such Points as derogate from them expresly in the present Treaty IV. In the first place his most Christian Majesty doth restore to his Imperial Majesty and the Empire and to the States and Members thereof whatever places and Jurisdictions that have been taken as well during the War by way of Fact as by the Name of Unions and Re-unions which are situated without Alsatia or whatever have been exprest in the Inventory of Re-unions exhibited by the French Embassador revoking and making void all the Decrees Arrests and Declarations which upon that account have been put forth by the Chamber of Metz and Besançon as also by the Council of Brisac and all things to be restored into the same Condition they were in before those Seizures Unions and Re-unions were made and at no time hereafter to be disturbed or molested but that the Roman Catholick Religion do remain in these Places thus restored in the same state it is now in V. And tho' from these general Rules it may be easily judged what Places they are and how far the things that are to be restored do extend yet at the instances of some and for some other particular Reasons it has been thought fit to make special mention of some things but yet in such a manner that those that are not expresly named are not to be taken as left out but to have the same place altogether with the others named and to enjoy the same Right VI. The City of Treves shall be Restored to the Elector of that Name and Bishop of Spires in the same state it is in at present without any farther demolishing of Places or any detriment done to either publick or private Buildings together with the Artillery that was found therein at the time it was last taken And that all that hath been agreed on in respect to Seizures Unions and Re-unions in the Fourth Article preceeding ought also to be esteemed to extend to the benefit of the Churches of Triers and Spire as if particularly specified VII The Elector of Brandenburg also shall enjoy all the benefits of this Peace and be fully comprehended in it with all his Dominions Possessions Subjects and Rights and those by name which belong to him by vertue of the Treaty Concluded on the 29th of June in the Year 1679. as if each Particular had been specified herein VIII The most Christian King shall restore to the Elector Palatine of the Rhine all his Dominions possest by him whether they appertain to him alone or in common with others however denominated especially the City and Prefecture of Germersheim and the Prefectures and Subprefectures comprehended therein with all the Castles Cities Towns Villages Lands Feudships and Rights as they were restored by the Treaty of Westphalia as also all the Writings or Records taken out of the Archive Chancery Foeudal Court Chamber of Accounts Prefectures and other Palatine Offices that have been taken away without exception of any Place Thing Right or Record And as to what concerns the Rights or Pretensions of the Dutchess of Orleans 't is agreed after the above-mentioned Restitution be first made that the thing be decided according to the form Compromised between his Imperial and most Christian Majesty as Arbitrators in the Matter according to the Laws and Constitutions of the Empire but if they shall not be able to agree it then the same shall be left to the Arbitration of the Pope But that in the mean time there be no less endeavour used to procure an amicable Agreement between the Parties and until the said Matter be fully decided that there be the yearly Summ of two hundred thousand Livres or an hundred thousand Florins paid by the said Elector to the Dutchess of Orleans upon that account and condition as the same is exprest in a particular Article of the same force with the present Peace reserving every way at the same time the right of each Party as well in the possessed as sued-for part as also the Rights of the Empire IX The Ancient Dutchy of Deuxponts shall be Restored freely and wholly to the most Serene King of Suedeland as Count Palatine of the Rhine Count of Spanheme and Veldenz with all its Appurtenances and Dependances and with those Rights that the Predecessors of his Swedish Majesty the Count Palatines and Dukes of Deuxponts have enjoy'd or could have enjoy'd according to the Tenour of the Westphalian Treaty so that all things under what Title soever pretended to possessed and re-united by the Crown of France hitherto either in whole or in part of the said Dutchy shall return in full right to his Swedish Majesty and his Heirs the Counts Palatines of the Rhine All Records also belonging to the said Dutchy shall be restored together with the Artillery that were found in the same at the time it was first possest by France and all other things concerning which it has been agreed upon in the preceeding Articles in favour of things to be Restored X. As for the Principality of Veldenz and what the deceased Prince Leopold Lodowick Count Palatine of the Rhine possest under the name of the said Principality or the Principality of Lautereccen they shall be restored as far as the fourth Section and the Inventory exhibited by the French Embassage reserving still entire the pretensions as well of the possessed as suing Party XI France shall also fully restore to the Grand Master of the Teutonick Order and Bishop of Worms Prince Francis Lodowick Palatine all the Commendums Consecrated to or Possest by that Noble Order Places Profits and Rights and the said Order shall enjoy in respect to the Commendums and other Goods scituated under the French Dominion as well upon account of Collation as Administration the same Usages Priviledges and Immunities which they have enjoy'd heretofore according to the Rules and Statutes of the Order and what the Order of St. John of Jerusalem was wont to enjoy XII The City and Castle of Dinant shall be restored to the Elector of Cologne as Bishop and Prince of Liege in the same state wherein it was when assumed into the hands of France with all its Rights and and Dependances as also Canons and Records found at that time therein And moreover all that is comprehended in the Fourth Article concerning Seizures Unions and Re-unions are esteemed in a particular manner to extend to the advantage of the Churches of Cologne and Liege XIII As for the House of Wirtemburg and particularly Duke
George the Principality or Countrey of Mompelgard shall be restored to him for himself and Successors in the same state with the same Rights and Prerogatives and especially into the same immediety towards the Sacred Roman Empire as heretofore he has enjoy d it and as the rest of the Princes of the Empire do or ought to enjoy it that Recognition of Vassalage that has been made to the Crown of France in the Year 1681. being utterly annulled hereby And the said Princes shall from henceforth freely enjoy all the Profits both Secular and Ecclesiastical appertaining to the same which they enjoyed before the Peace of Nimeguen as well as the Feudships which during the time of the French's detention of them or at any other time did belong and had not been granted by them to others excepting the Countrey of Baldenheim with its Appurtenances which the most Christian King hath bestowed upon Monsieur de Chamlay Camp-Master General and which ought to remain firm to him but yet so as he is obliged to do homage to the Duke of Wirtemburg as his direct Lord and to his Successors and to seek the renewing of his Feudship at his hands They shall be restored also into the full and free possession both of their Feudships in Burgundy Clerevall and Passavant as also of their Dynasties or Lordships of Granges Herricourt Blamont Chatelot and Clemont and of the rest that are situated in the County of Burgundy and Principality of Montpelgard together with all their Rights and Incomes in the very same manner as they possest them before the Peace at Nimeguen all those things being utterly abolished which were done or pretended to at any time by what Title any way distinguished and in any manner whatsoever to the contrary XIV The House or Marquisate of Baden shall also enjoy all the Right and Benefit of this Peace and at the same time of the Peace of Westphalia and Nimeguen but more especially the Fourth and Fifth Articles of this Treaty XV. In the same manner the Princes and Counts of Nassaw Hanaw and Leinigen and all the other States of the Sacred Roman Empire who by the Fourth Article of this Treaty or any other are to be restored shall be re-posiest in all and singular their Dominions or Rights and in all the Profits belonging to and Incomes arising from them and in all other Rights and Benefits by what name soever called or distinguished XVI But seeing for the better Establishment of this Peace it has been thought fit to make an Exchange of some Places his Imperial Majesty and the Empire yield up to the most Christian King and his Successors the City of Strasburg and whatever belongs to the said City on the left side of the Rhine with all the Jurisdiction Propriety and Supream Dominion which hath hitherto appertained or could appertain to him and the Roman Empire and transfer all and singular of them to the most Christian King and his Successors so that the said City with all its Appurtenances and Dependencies situated on the left side of the Rhine without any reservation with all manner of Jurisdiction and Superiority and Supream Dominion do appertain from this time and for ever to the most Christian King and his Successors and be understood to be incorporated with the Crown of France without any contradiction from the Emperour Empire or any other whatever and for the greater validity of this Cession or alienation the Emperour and the Empire by vertue of the present transaction expresly derogate from all and singular the Decrees Constitutions Statutes and Customs of the preceding Emperours and the Sacred Roman Empire tho confirmed by Oath or to be Confirmed hereafter and particularly from the Imperial Capitulation so fas forth as any manner of alienation of the Goods and Rights of the Empire is prohibited all which they expresly renounce and discharge the said City with all the Magistrates Officials Citizens and Subjects thereof from the Oaths and Obligations by which they have been hitherto bound to the Emperour and the Empire and remit the same under the subjection obedience and fidelity of the most Christian King and his Successors and so constitute the most Christian King in the full and just Propriety Possession and Sovereignty thereof and renounce all Jurisdictions and pretentions in the same from henceforth and for ever and to that end are pleased to expunge the said City of Strasburgh out of the Body of the Empire XVII But it shall be free to all and singular the Inhabitants of the said City and its dependancies of whatever condition they be if they are minded to remove to transfer their Dwellings from thence elsewhere together with all their moveable Goods without any let detraction or exacting any thing from them within one Year after the Ratification of this Peace and after five Years having first performed the Conditions that have long since been in usage there and either to sell or retain their moveables and to manage the same either by themselves or others The same Power also of retaining and either by themselves or others of managing or alienating them shall remain to all the other Members or Subjects whether mediate or immediate of the Empire who have Goods Profits Debts Actions or Rights in the said City or its appurtenances whether they have always retained them Or that during the War or before it they have been Confiscated or taken away and granted to others by what Name soever called or wheresoever they may live reserving still the Ecclesiastical Jurisdiction to those to whom of old it did belong which Jurisdiction or the exercise thereof it shall be never lawful to obstruct XVIII On the other hand his most Christian Majesty shall restore the Fort of Kehl built by him on the right side of the Rhine whole together with all its Rights and Dependencies within Thirty days after the Ratification of this Treaty but for the Fort called the Pile and the rest of them that have been built within the Rhine it self or any of its Islands they shall be rased down to the ground within one Month after or sooner if it can be at the Charge of the Most Christian King and never to be re-built by neither Party hereafter and the Navigation of the River or other Use thereof shall be alike free to the Subjècts of both Parties or to any other that will repair thither Sail or carry Goods thereon neither shall there be any thing done by either party there or any where else towards turning the River whereby to render the Course thereof or its Navigation or other Use the more difficult upon any account whatsoever much less shall any new Customs Impost or Toll be exacted or the old ones increased or the Ships which pass it to and fro be forced to come to the one side of the River more than the other or to unlade their Merchandise and Burdens or take them in but that always ought to be left to every
one 's own freedom and liberty XIX His most Christian Majesty doth also give up to his Imperial Majesty and the most Serene House of Austria the City and Castle of Friburg and also the Fort of St. Peter and the Port called the Star and whatever other Fortifications that have been a-new erected or repaired there or elsewhere through the Hercynian Forest and the other District of the Brisgow in the Condition they are now without any manner of Demolishing or Impairment together with the Villages of Lehen Metzbausen and Kirchzarth and with all the Rights of the same as they were yielded to his most Christian Majesty or possessed or exercised by him as also the Archives and all the Writings or Records found there at the same time of his occupation of them whether they remain there still or have been carried elsewhere with a reservation always of the Rights of the Diocess and other Rights and Profits of the Bishoprick of Constans XX. In like manner his most Christian Majesty entirely resigns to his Imperial Mujesty and the House of Austria the City of Brisac in its present state with the Granaries Armories Fortifications Works Walls Towns and other publick and private Edifices with all its dependencies on the right side of the Rhine those on the West side of the said River and among the rest the Fort called the Mortier being reserved to his most Christian Majesty but that called the New City standing on the same left side of the Rhine as also the Bridge and Fortification built there in an Island of the Rhine shall be totally demolish'd and laid flat with the ground and are never to be rebuilt by either Party at any time Moreover the same liberty of removing from Brisac as has been agreed upon in respect to Strasburg is allowed here as full as if the same were repeated XXI The said Places Cities Castles and Forts with all their Districts Appurtenances and Dependencies given back to his Imperial Majesty by the most Christian King shall be restored and delivered up without any reservation exception or retention sincerely and without any delay hindrance or pretence to those who after the Ratifications of this Peace shall be appointed and particularly deputed from his Imperial Majesty for that end And for that reason the French chief Magistrates Governours and other Officials shall be obliged to evacuate the Places so as that the said Cities Castles Forts and Places with all their Prerogatives Profits Incomes and Emoluments and whatsoever is comprehended under the same shall return under the Jurisdiction actual power and every way to the Dominion and Soveraingty of his Imperial Majesty and the House of Austria and remain in the same at all times as they have heretofore appertained thereunto and hitherto been possest by his most Christian Majesty and no manner of Right or pretensions to the said places is meant to remain or be reserved to the Crown of France Moreover nothing shall be required in consideration of the Expences and charges that France has been at either upon the publick or private Buildings and the plenary restitution of them shall not be retarded upon any account whatsoever within Thirty Days after the Ratifications of the Peace so that the French Garrisons shall forthwith withdraw from thence without any Trouble Loss or Oppression of the Citizens and Inhabitants or of any other of the Subjects of the House of Austria whatsoever under Title of Debts or other pretensions of any kind neither shall it be lawful for the French Souldiers in evacuating of the places or any other where not belonging to his most Christian Majesty to make any longer stay to fix their Stations or Winter Quarters but be obliged without delay to hasten to the proper Dominions of the Crown of France XXII In the same manner Phillipsburg shall be deliver'd up to his Imperial Majesty and the Sacred Roman Empire undamag'd with the Fortifications adjoining to it on the right side of the Rhine and all the Cannon that were there the last time it was taken by France reserving every way the Rights of the Bishop of Spire and to that end the Fourth Article of the Treaty of Peace at Nimeguen shall be accounted as expresly repeated in this place but the Fortifications that have been raised on the left side together with the Bridge built by the most Christian King since his possessing himself of it shall be destroy'd XXIII The most Christian King at his own Expences shall be obliged to demolish the Fortifications over against Hunningen built on the right side and in an Island of the Rhine the ground together with the Buildings thereof to be restored the House of Baden and the Bridge built there over the Rhine shall be destroy'd also XXIV In like manner the Fortification that is built on the right side of the Rhine over against Fort Lovis shall be destroy'd the said Fort to remain together with the Island to the most Christian King but the ground of the demolished Fortification to be restored to the Marquess of Baden and part of the Bridge shall also be destroy'd which reaches thither from the Island and not repaired hereafter by either Party XXV Besides the most Christian King is obliged to demolish the Works that have been added to the Castle of Trarback since the Peace of Nimeguen as also the Fort of Montroyal upon the Moselle which are to be rebuilt by none hereafter but the Castle of Trarback is to be left in its former state and together with the City and its Appurtenances shall be fully restored to their former Owners XXVI Upon the same account also shall the Fortification added to the Castle of Kurburg by his most Christian Majesty be demolished which being done this Castle with the City of Reinleft as well as the rest of the Goods belonging to the Prince of Salm and his Kindred Rheingraues and Wildgraues as also the Principallity of Salm by name and the rest shall be restored to them to be possest by them altogether in the same manner and with the same Right as before their Deprivation and as is agreed in this Peace XXVII The same thing also is agreed upon for the Demolishing of the New Works added to Castle of Eberenburg by the most Christian King and the same with what ever else belongs to them shall be restored by both Parties to the Barons of Sickingen XXVIII Whereas the Duke of Lorrain has been engag'd with his Imperial Majesty in this War and would be comprehended in the present Treaty he shall be restored for himself Heirs and Successors into the free and full Possession of their Estates Places and Goods which his Unkle Duke Charles possest in the Year 1670 when they were assumed into he Hands of the most Christian King except such Alteratious as are ●o be explained in the following Articles XXIX In the first Place his most Christian Majesty shall restore to the Duke the old and new Citys of Nancy with all
Appurtenances and with the Cannon that were found in the old City at the time of its falling into the Hands of France but upon this Condition that all the Works and Fortifications of the old City shall be left whole as also the Gates of the new City whose Works and Fortifications shall at the Charge of his most Christian Majesty be levell'd with the Ground and are to be repaired at no Time thereafter unless it be that the Duke and his Successors are free to enclose the new City with a single Wall without any Angles when ever they please XXX His most Christian Majesty shall also evacuate the Castle of Bitsch with all its Appurtenances as also the Castle of Homburg having first ruined their Works which are no more to be repaired but yet so as that these Castles and the Towns adjoyning to them be no way damnified but be preserved altogether unhurt XXXI Moreover all things agreed on in the fourth Article concerning Unions and Re-unions shall be so far extended to the Duke as if they were here repeated Word for Word where or which Way soever these Unions on Re-unions have been made XXXII But his most Christian Majesty reserves to himself the Fort of Saar Lovis with half a League round it to be marked out by Commissioners appointed by the King and Duke of Lorrain to be possest by him for ever with all right of Soveraignty and Supream Dominion XXXIII The City also and Mayoralty of Longwy together with their Appurtenances and Dependencies shall with all Sovereignty and Supreme Dominion remain under the Custody of the most Christian King his Heirs and Successors for ever neither shall the Duke and his Heirs and Successors pretend any Right unto them for the future But in Exchange for the said City and Mayoralty his most Christian Majesty will grant another Prefecture to the said Duke in one of the three Bishopricks of the same Extent and Value with the others which shall be fairly agreed on between the same Commissioners and that same being thus yielded up and transferred by the most Christian King into the hands of the Duke both the Duke himself as well as his Heirs and Successors shall enjoy it for ever with all Right of Soveraignty supreme Dominion and Propriety XXXIV The Country shall always be open to the Kings Souldiers marching to the Frontiers or returning from thence without any Let or Hindrance thro' the Duke's Dominions he having always timely Notice given him of the same and that the Souldiers marching do not straggle nor turn out of their Road but keep to the common and shortest Way and make due haste in their March without any Delay offering no violence nor Detriment to the Places and Subjects of the Duke and pay for their Provision with ready Mony and for other Necessaries to the Duke's Commissioners that are to provide them abollishing again and fully restoring the Way and Places under the Power of the Duke without any Exception which were reserved to the most Christian King by the Peace of Nimeguen XXXV The Ecclesiastical Benefices which to the Day of the Present Treaty have been conferred by the most Christian King shall be left quietly to the now Possessors who obtain'd them of his most Christian Majesty XXXVI It has besides been agreed on that all Processes Sentences and Decrees made by the Council Judges and other of the most Christian King 's Officials as well between the Dutchy of Lorrain as others in the time when the most Christian King possest these States shall take place and have as full and plenary Effect as if his now Christian Majesty remained Posser of them neither shall it be lawful to call the said Decrees into Question or to annul or retard and hinder the Execution of them but it shall be free for the Parties according to the Order and Disposition of the Laws and Constitutions to have tecourse to the reviewing of such Acts but the Sentences are in the mean time to remain in their full Force and Vigour XXXVII The Archives and Records which were kept and taken away from the Treasury of Naney and Barr and both Chambers of Accounts and elsewhere shall be restored forthwith to the Duke after the Ratification of the Peace XXXVIII The Duke may presently after the Ratification of the Peace send Commissioners into the Dutchy of Lorrain and Barr who shall look after his Affairs administer Justice take care of the Customs Salt-Pits and other Rights belonging to him settle the Post and do all other Things which may appertain to the Government which the Duke at the same time is to take upon him XXXIX As for Imposts and Customs or the Immunities of them as to Salt and Wood Carriage whether by Land or by Water the same Manner and Custom shall be kept as was in the Year 1670 without any manner of Innovation XL. The Ancient Usage and Liberty of Commerce shall remain between Lorain and the Jurisdiction of Metz Toul and Verdun and shall be exactly observed for the Benefit of both Sides for the future XLI In like manner the Agreements made between the most Christian Kings and the Dukes of Lorrain shall be kept inviolably in their former Force and Vigour XLII It shall be free for the Duke and his Brethren after the Restitution of them to prosecute their Right in the ordinary way of Justice which they affirm to belong to them in divers Cases notwithstanding the Sentences that may have been past in their Absence and without their being heard against them XLIII As to those Things which otherwise are not expresly agreed on here those Matters which are contained in this Treaty especially the Section The Vassals of both Parties shall be restored c. that Section As soon as the Treaty of Peace c. and Section And as to the Subjects c. shall be observed in respect to the Duke his Dominions and Subjects as if they had been particularly specified herein XLIV The Lord Cardinal de Fustemburg shall be Restored to all his Rights Feudal Goods Freeholds Benefices Honours and Prerogatives which belong to the Princes and Members of the Sacred Empire as well upon account of his Bishoprick of Strasburg on the right side of the Rhine as of the Abbey of Stavelon or others and shall enjoy with his Kindred or Relations who have adhered to him as also his Domesticks a full Amnesty and Security from all Acts and Deeds and whatever Decrees else have been made against him or them neither shall he be liable himself and his Heirs or his Relations or Kindred and Domesticks to be called to an account for the Inheritance of the deceased Elector Maximilian Henry by the Electors of Cologne and Bavaria their Heirs or any other As the said Cardinal his Kindred or Relations and Domesticks or any having power from them shall not be at liberty neither to demand any thing any manner of way of the Electors out of that Inheritance or for the