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A49235 The treaty betwixt the Most Christian King, the King of Great Britain, and the States General of the United Provinces for settling the succession of the crown of Spain and the dominions thereunto belonging in case his Catholick Majesty die without issue in English and French.; Treaties, etc. 1700 Mar. 3 France.; England and Wales. Treaties, etc. France, 1700 Mar. 3.; United Provinces of the Netherlands. Treaties, etc. France, 1700 Mar. 25.; United Provinces of the Netherlands. Staten Generaal. 1700 (1700) Wing L3139; ESTC R2536 13,321 39

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Females unto the said Succession III. And as the two Kings and the Lords the States General desire above all things the Conservation of the publick Peace and to prevent a new War in Europe by accommodating the Disputes and Differences which might arise upon the Subject of the said Succession or by the Umbrage of three Estates reunited under one and the same Prince they have thought good to take beforehand necessary measures to prevent the Evils which the sorrowful Event of the Catholick King 's Death without Children might produce IV. Therefore it is agreed that if it should so happen the Most Christian King as well in his own Name as in that of Monseigneur the Dauphin his Male Children Heirs and Successors born or to be born as also Mons the Dauphin for himself his Male Children c. shall hold himself satisfy'd and do hold themselves satisfy'd by these Presents That Monseig the Dauphin shall have for his Share in full Property and Possession and in lieu of all his Pretensions to the Succession of Spain to be enjoy'd by him his Heirs Successors Descendants Males or c. for ever without ever being molested under any pretence whatsoever in his Rights or Pretensions directly or indirectly either by Cession Appeal Revolt or otherways by the Emperor the King of the Romans the most Serene Archduke Charles his Second Son the Arch-Dutchess his other Issue Male or c. the Kingdoms of Naples and of Sicily in the same manner the Spaniards possess them at present the Places depending upon the Monarchy of Spain situated on the Coast of Tuscany or the Isles adjacent being therein comprehended under the name of Sancto Stephano Porto Hercole Orbitello Palamone Portolongo Piombin In that same manner also as the Spaniards possess them at present the City and Marquisate of Final in that same manner also as they possess them the Province of Guipuscoa and particularly the Cities of Fontarabia and St. Sebastian situated in that Province and especially the Port of Passage which is therein comprehended with this Restriction only that if there be any places depending upon the said Province which shall be found situated beyond the Pyrenees or the other Mountains of Navarr Alava or Biscay on the side of Spain they shall remain to Spain and if there be any places in like manner depending upon the Provinces subjected to Spain which are on this side the Pyrenees or other Mountains betwixt the said Province of Guipuscoa Navarr Alava and Biscay let them belong to whom they will they shall be divided between France and Spain in such sort as there shall remain as much of the said Mountains and Passes to France on her side as shall remain to Spain on hers the whole with the Fortifications Ammunition of War Powder Ball Cannon Gallies Gallyslaves which shall be found belonging to the K. of Spain at the time of his Decease without Issue and to be annext to the Kingdoms Places Islands and Provinces which are to compose the share of Monseigneur the Dauphin provided that the Gallies the Gallyslaves and the Effects belonging to the K. of Spain for the Kingdom of Spain and other Dominions which fall to the share of the most Serene Archduke shall remain to him those which belong to the Kingdoms of Naples and Sicily being to return to Monseigneur the Dauphin so as abovesaid Further the Dominions of the Duke of Lorrain that is to say the Dutchies of Lorrain and Bar so as Charles IV. of that name possess'd them and as they were restor'd by the Treaty of Reswyk shall be yielded and transferr'd to Monseigneur the Dauphin his Heirs and Successors Males or c. in Property and full Possession in lieu of the Dutchy of Milan which shall be quitted and exchanged to the said D. of Lorrain his Male Children or c. in all Property and full Possession who will not refuse so advantagious a Bargain it being understood that the County of Bitch belongs to Monsieur the Prince of Vaudemont who shall enter into Possession of the Lands which he heretofore enjoy'd which have been or ought to have been restor'd according to the Treaty of Reswyck on the account of which said Kingdoms Islands Provinces and Places the said Most Christian King as well in his own as in the name of Monseigneur the Dauphin his Male Children or c. who hath also given his full Power to the Count de Tallard and to the Count de Briord promising and engaging themselves to renounce at the opening of the said Succession of Spain as in this case they have at this time renounced by these Presents all their Rights and Pretensions to the said Crown of Spain and to all the other Kingdoms Islands States Lands and Places which at this time depend thereupon except what is abovesaid excepted for his part all which they shall confirm by solemn Acts in the most authentick and best form as may be which shall be delivered at the time of the Exchange of the Ratification of this present Treaty to the King of Great Britain and the States General V. All the Towns Places and Ports situate in the Kingdoms and Provinces which are to compose the share of Monseigneur the Dauphin shall be preserv'd without being demolish'd VI. The said Crown of Spain and the other Kingdoms Islands States Lands and Places which the Catholick King at this time possesses as well within as without Europe shall be given to the most Serene Archduke Charles Second Son to the Emperor except what has been given in the 4th Art for the share of the Dauphin and of the Dutchy of Milan according to the said 4th Art in full Propriety and Possession as his part excluding all his other Pretensions to the said Succession of Spain to enjoy the same for himself and Successors born or to be born for ever without being ever molested under any Pretext whatsoever of Rights or Pretensions directly or indirectly by Cession Appeal Revolt or otherwise on the part of the Most Christian King or Monseigneur the Dauphin or his Children Male or c. for which said Crown of Spain and other Kingdoms Islands and Places thereupon depending the Emperor as well in his own Name as in that of the King of the Romans and the Archduke Charles his Second Son the Archdutchesses his Daughters his Children Males or c. as also the King of the Romans for himself and the most Serene Archduke Charles as soon as he shall be of Age for himself their Children c. shall be satisfy'd that the most Serene Archduke Charles shall have in lieu of all their Pretensions upon the Crown of Spain the said Cession abovesaid and the said Emperour as well in his own Name as in that of the King of the Romans the most Serene Archduke Charles his Second Son the Arch-Dutchesses his Daughters his Children Males or c. or their Issue As also the said King of the Romans in his own Name shall renounce when
they shall enter into and ratify this present Treaty and the most Serene Archduke Charles as soon as he shall be of Age all other Rights and Pretensions to the said Kingdoms Islands States Lands and Places which compose the Share or Portion assigned to Mons Dauphin and of him who shall have the Dutchy of Milan by exchange of what shall be given to Mons the Dauphin of all which they shall cause the most solemn and authentick Acts to be made that may be that is to say the Emperor and the King of the Romans when they shall ratify this present Treaty and the most serene Arch-Duke as soon as he shall come of age which shall be deliver'd to his Brittanick Majesty and the said States General VII Immediately after the Exchange and Ratification of this present Treaty it shall be communicated to the Emperor who shall be invited to enter thereinto but if after three months time from the day of the said Communication and the said Invitation or the day that his Catholick Majesty shall die if it happen before the expiration of the said three months his Imperial Majesty and the King of the Romans should refuse to enter thereinto and to agree to the share assigned to the most serene Arch Duke Charles the two Kings or their Successors and the States General shall agree upon a Prince to whom that part shall be given and in case notwithstanding the present Convention the most serene Arch Duke shall take possession either of the part which might fall to him before he has accepted the present Treaty or of that part which might be assign'd to Mons Dauphin or to him who shall have the Dutchy of Milan in exchange as abovesaid the said two Kings and the States General by virtue of this Convention shall hinder him with all their Forces VIII The most serene Arch Duke shall not pass into Spain nor into the Dutchy of Milan during the Life of his Catholick Majesty but with common consent and not otherwise IX If the most serene Arch-Duke should dy without Children either before or after the Death of the Catholick King the share which is hereby assigned to him by the Articles of this Treaty shall come to such Male Child of the Emperor or c. except the K. of the Romans or such Children Males or c. of the K. of the Romans which his Imperial Majesty shall think fit to assign it to And in case his said Imperial Majesty should die without having made the abovesaid Assignment it may be done by the K. of the Romans but on condition that the said part shall never be united nor belong to the person of him who shall be Emperor or King of the Romans or is become one or the other be it by Succession Will Contract of Marriage Donation Exchange Cession Appeal Revolt or otherways And in like manner the said share of the serene Arch-Duke shall never come or belong to the person of a Prince that shall be King or Dauphin of France or that is become one or the other be it by Succession Will Contract of Marriage Donation or otherwise X. The King of Spain dying without Children c. the abovesaid Case happening the two Kings and the States General do oblige themselves to leave the whole Succession in the same state as it shall then be without seizing the whole or any part directly or indirectly but each Prince immediately may put himself in possession of what is assigned him as his share as soon as he has fulfill'd on his part the 4th and 6th preceding Articles and in case of difficulty the two Kings and the States General shall do their utmost endeavours to the end that each one shall be put in possesssion of his part according to this Agreement and that it may have its entire effect engage themselves to give by Sea and Land such help and assistance of Men and Ships as shall be necessary to constrain by force such who shall oppose the said Execution XI If the abovesaid Kings and States General or either of them be attack'd because of this Convention or of the execution that shall be thereof made they shall mutually assist one another with all their Forces and render themselves Guarantees of the abovesaid Convention and of the Renunciations made thereupon XII All Kings Princes and States that will enter into the same shall be admitted into the present Treaty and it shall be lawful to the two Kings and States General and to each of them in particular to require and invite all that they shall think fit to enter into this present Treaty and to be jointly Guarantees for the execution thereof and of the validity of the Renunciations herein contained XIII And for the further securing the Peace of Europe the said Kings Princes and States shall not only be invited to be Guarantees of the execution of the present Treaty and of the validity of the Renounciations as above but if any one of the Princes in favour of whom the shares are assigned do in time to come break the Order establish'd by this Treaty and begin new Enterprises contrary to the same and so aggrandize himself at the expence of one or other under any pretence whatsoever the Guarranty of this Treaty shall be understood to extend so far also in this case that all the Kings Princes and States who promise the same shall be oblig'd to imploy their Forces against such Enterprises for the maintaining all things in the same condition as agreed to by the said Articles XIV In case any Prince whosoever oppose the taking possession of the Shares agreed on the said two Kings and the States shall be obliged to assist one another against such opposition and to hinder it with all their Forces and shall agree after the signing of this present Treaty on the proportion that each shall contribute both by Sea and Land XV. The present Treaty and all Acts made or that have dependance thereupon and especially the solemn Acts that his most Christian Majesty and Monseigneur the Dauphin are obliged to give by virtue of the 4th Article abovesaid shall be registred in the Parliament of Paris according to the Form and Tenure and usual Custom to have place amongst the Conditions therein contained as soon as the Emperor has entred into the present Treaty or at the end of 3 Months that are allowed him for that purpose in case he does not enter into it sooner and likewise his Imperial Majesty when he enters into the same shall be obliged to get it approved and registred with all the Acts made in consequence thereof or which have relation thereunto especially the solemn Acts which his Imperial Majesty the King of the Romans and the most serene Arch-Duke shall be oblig'd to give by virtue of the 6th Article abovesaid in the Council of State or otherwise according to the most authentick Form of the Country XVI The Ratifications of the two Kings and the States General shall be all three exchang'd at London at the same time within the space of three Weeks reckoning from the day that the States General shall have signed or sooner if possible Done and signed at London 3 March N. S. 1700. 21 Feb. V. S. 1699. by us Plenipotentiaries of France and England and at the Hague the 25th of the said Month of March 1700. by us Plenipotentiaries of France and of the States General the two Kings and the said States General having agreed that the signing of this present Treaty should be performed in this manner In witness whereof we have signed the said present Treaty with our Hands and caused the Seal of our Arms to be affixed Signed Tallard Briord Portland Jersey J. van Ersen F. B. de Reede Heinsius W. de Nassau E. de Weede W. van Haren Ar Lemker van Heek with their Seals FINIS