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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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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
Legacies left them or things bestowed upon them all right pretension or personal and real action being utterly abolished hereby the same amnesty and security shall such of them be made partakers of and enjoy the same right altogether who being Canons of Cologn took part with him and were deprived of their Canonships and Benefices who shall be restored with all the Rights of Canons Benefices and Dignities into the same Places and Order of the Cathedral Chapter and Collegiate Churches they were in before they were deposed but yet so that the Profits do remain to the present Possessors these as well as the restored ones shall enjoy the common Titles and Function of Dignities and Benefices but the restored ones to have the preference but that after the death of the Possessors or their voluntary resignation the restored Canons alone shall enjoy the Dignities and Profits In the mean time according to the Order they have among themselves each of them shall receive the new Prebends next vacant as they fall in course and that this also will be pleasing to the upper Ecclesiasticks to whom it may belong is not at all doubted of The Heirs also of those Canons who being in like manner in a destitute state withdrew themselves during the War whose Goods Estates and Rights were Sequestred and adjudged Forfeited towards the recovery of these they shall fully enjoy the benefit of Section And all the Vassals of both Parties shall be restored c. with the addition of this express Condition that the Legacies which have been left by the Deceased for Pious Uses shall be paid according to their Wills out of the Estates assigned for them XLV The Landgraves of Hess Reinfield also shall be particularly included in this Amnesty and be put into the same state in respect to the Castle of Rheinfeld and all the lower County of Catzenellabogen as their Father Landgrave Ernest was before the beginning of this War reserving however in all Places those Rights belonging to the Landgrave of Hess-Cassel XLVI All the Vassals and Subjects of both Parties both Ecclesiastical and Secular Bodies Politick Universities and Colledges shall be restored to the Honours Dignities and Benefices they enjoy'd before the War as also to all Rights Goods Moveables and Immoveables Estates also or Incomes that can be recovered and such as have determined with the Life of any provided their Offspring be not extinct that have been seized and detained in the time and by reason of the War together with the Rights Actions and Successions which fell to them during the War but yet in such a manner as they shall have power to demand nothing upon the account of returns or products of the Estates they have quitted till the day of the Ratification of the Peace In like manner they shall no more be able to demand those Debts Merchandizes and Moveables that in the time and by reason of the War have been forfeited or by publick Authority put to any other use and so neither the Creditors of the said Debts nor the Owners of those Merchandizes or Moveables and their Heirs or any having power from them shall ever be free to prosecute the same or to pretend to any Satisfaction or Restitution These Restitutions shall also be extended unto them that have sided with the contrary Party or have been suspected upon that Account and to those who after the Peace of Nimeguen had their Goods Incomes or Rights taken away from them because they dwelt elsewhere or did not do homage or for the like Causes and Pretences and who hereafter by vertue of this present Peace shall return to the Favour of their own Prince as also into their ancient Rights and respective Goods such as these have been at the time of the Conclusion of this Treaty and all these things shall be put in execution forthwith after the Ratification of the Peace notwithstanding any Gifts Grants Alienations Declarations Confiscations Commissions Charges Improvements Interlocutory and Definite Sentences past for Contumacy in the absence of the Parties and unheard which Sentences and adjudged Cases shall be deemed void and thenceafter so esteemed as if they had never been adjudged or pronounced there being a full and entire Liberty reserved to them to return into their Countrey or to those Goods as also for them to enjoy them either there themselves with the Returns and Incomes therefrom or elsewhere wherever they please to fix their Habitation or Aboad according to their choice without any manner of Exaction or Violence And then it shall be free for them by unsuspected Agents to mannage their Estates and Incomes as also to enjoy them but yet with an exception as to Ecclesiastical Benefices that require the Parties residency which ought personally to be Administred and looked after Lastly it shall be free for the Subjects of either Party to Sell Change Alienate and Transfer their moveable and immoveable Goods Incomes and Returns which they have under the Dominion of either or otherwise to dispose of them while alive and by last Will so that any Person be he a Subject or Foreigner shall be free to buy or acquire them without being obliged to sue for any other or farther leave of his Superiour besides what is contained in this Article XLVII If some mediate or immediate Ecclesiastical Benefices have been conferred during this War by either Party in the Lands or Places then subject to him to such as were Capacitated for the same according to the Rule of the first Institution and general or particular legal Statutes made concerning them or according to any other disposal or provision tho' Canonically made by the Pope those as well as the other Ecclesiastical Benefices which before this War were conferred in like manner in Places that are to be restored by this Peace shall be left to the present Possessors so as that they shall not and ought not to be sued convened or upon any account molested and disquieted neither in the possession or lawful administration of them nor in receiving of the Profits thereof nor be disturbed and hindred therein upon the account of them or for any past or present Cause provided still they perform those Duties incumbent upon them in relation to those Benefices XLVIII Whereas it will be conducive to the Publick Tranquility that the Peace concluded at Turin Aug. 29.1696 between his most Christian Majesty and the Duke of Savoy be exactly observed its thought fit to confirm and comprehend the same in this Peace so as that it is and shall always remain in the same force with this Peace those things besides are particularly confirmed which have been agreed on for the House of Savoy by the Westphalian and Nimeguen Treaties above confirmed and they are esteemed so as if repeated here by name but yet so as that that Obligation can in no part thereof be lesned or alter'd by the restitution made of Pignerol and its Dependances which his most Christian Majesty hath taken upon
himself of paying 400 and 94 thousand Crowns to the Duke of Mantua for the discharge of the Duke of Savoy as is declared at large in the Articles of the Westphalian Treaty and that they may the more fully and firmly be corroborated all and every the Princes concerned in the General Peace give the same sponsions or Guarantees as they have stipulated among themselves for their greater security to the Duke of Savoy and receive the same reciprocally from him XLIX But upon the rendring up or restitution of any Places Persons things or Jurisdictions made or to be made by France there shall no new right be acquired over the things restored or to be restored but and if others have pretensions against them these pretensions after such restitution made which for that reason shall by no means be delay'd shall be propounded examined and decided in a convenient place L. As soon as the Instrument of this Peace shall be Subscribed and Signed by the Extraordinary Embassadors and Plenipotentiaries all manner of Hostility and Violence shall cease and the ruining of Buildings destroying of Vineyards and Woods or cutting down of Trees and the Forces on both sides shall forthwith after the Ratifications are Exchanged be withdrawn from unfortify'd places belonging to the other Party But as for Fortify'd places that are to be restored by Vertue of this Peace they shall be deliver'd up within Thirty Days after the Ratifications are made or sooner if it can be to those who are named in the foregoing Articles or if they have not been exprest to such as were immediately before the Deprivation made in possession of them without ruining any of the Fortifications publick or private Buildings or worsting of the condition they are now in or by claiming of any Charges they have been at upon or concerning them or by any exactions of Souldiers or in their Name or any other alledged cause or by the taking away of things belonging to the Inhabitants or left them by this Peace And as for the demolishing of those places before agreed on that shall be fully done and finish'd without the Expence and trouble of the other Party the lesser ones to be done within the space of one Month and the greater in two Months or sooner if it can be done Besides all Archives or Records and not only those which belong to the places that are to be restored and left to his Imperial Majesty the Empire and the States and Members thereof but also all those which have been taken away from the Chamber and City of Spire and elsewhere in the Empire shall be sincerely restored presently after the Exchange of the Ratifications tho' there be no particular mention made thereof in this Agreement the Prisoners also that have been made on both sides upon account of the War shall be set at full liberty without any Ransom especially such as have been committed to the Gallies or elsewhere to publick Works LI. And to the end the Subjects of either Party may the sooner participate of the fruits of the Peace it is agreed That all Contributions Money Corn Wine Hay Wood Cattle or any thing else otherwise denominated tho' they have been already required from or by Agreement engaged for by the Subjects of either as also forraging of any Kind in the others Dominion shall immediately after the Day of the exchange of the Ratifications totally cease And what shall then remain due as unpaid or the like or any other Contributions Impositions or Exactions shall be utterly abolished and so remain the Hostages also what cause soever they have been given for or taken away shall without delay or any money paid be given up and freely dismist into their Country LII The Commerce also that during the War has been prohibited between his Imperial Majesty and the Empire 's Subjects and those of his most Christian Majesty and the Kingdom of France shall immediately after the subscribing of the Peace be restored into the same freedom as before the War and all and every of them of both sides particularly the Citizens and Inhabitants of the Imperial Cities and Hanse-Towns both by Sea and Land shall enjoy the fullest security their Antient Rights Immunities Priviledges and Emoluments that have been obtained by Solemn Treaties or Ancient Custom any farther agreement therein being left alone 'till after the Peace LIII All things agreed on by this Peace shall be of force and remain always firm observed and put in execution notwithstanding any thing or things that may ever be believed altered or thought on to the contrary which are hereby abrogated and made void tho they may be such things whereof a more particular and ample mention ought to be made and of which the Abrogation or Annulling might seem to be said to be nul and invalid LIV. It shall be free for the Parties on both sides to strengthen this Peace and the Observation of it by Leagues making and enlarging Fortifications on their own Ground at their Pleasure but without the Places excepted before by Name and by other means tending to their Defence all other Kings Princes and Republicks and especially his Swedish Majesty or the Mediator shall also have a right to be Guarrantees of this Peace between his Imperial Majesty and the Empire and the most Christian King as well as to claim the same by Vertue of the Westphalian Treaty LV. And seeing his Sacred Imperial Majesty and the Empire and his Sacred most Christian Majesty do gratefully acknowledge the unweary'd Endeavors and Offices which the most Serene King of Swedeland hath used for the bringing about of the Publick Tranquility it is agreed by both Parties that he with his Kingdoms and Provinces shall by Name be comprehended in this Treaty in the best manner that can be LVI Moreover in this Peace made in the Name of his Imperial Majesty and the Empire are comprehended besides the Members of the Empire already mentioned the rest of the Electors Princes States and Members of the Empire and among them particularly the Bishop and Bishoprick of Basil with all their Jurisdictions Prerogatives and Rights as also the Thirteen Swiss Cantons with their Confederates particularly the Republick and City of Geneva and its Dependencies the City and County of Neufchassel upon the Lake the Cities of St. Gall Mulhausen and Bienne the three leagu'd Rhoetia or the Grisons ' the upper and lower Vallesia and the Abbot of St. Gall. LVII In like manner the thirtee●n Swiss Cantons and their Confederates and particularly the Republick of Valesia are in the Name of his most Christian Majesty comprehended in this Peace LVIII All others also shall be included in this Peace who shall be named with common Consent by one or other of the Parties before the Exchange of the Ratifications or within six Months after LIX The Peace being thus concluded the Embassadors extraordinary and Plenipotentiaries of both Parties do promise that the same shall be ratified in the Manner mutually agreed
ARTICLES OF PEACE Between the EMPEROUR and EMPIRE AND FRANCE Concluded in the Royal Palace of RESWICK in Holland October 30. 1697. LONDON Printed and are to be Sold by E. Whitlock in Stationers Court near Stationers-Hall 1697. ARTICLES OF PEACE Between the Emperour and Empire AND FRANCE Concluded in the Royal Palace at Reswick in Holland October 30. 1697. In the Name of the Holy Trinity Amen BE it known unto all and every individual Person whom it may concern That seeing there has been for some Years past a Cruel War waged with great Effusion of Christian Blood and the Desolation of divers Provinces between the most Serene and most Potent Prince and Lord the Lord Leopold Elect Emperour of the Romans always August King of Germany Bohemia Dalmatia Croatia and Slavonia Arch-Duke of Austria Duke of Burgundy Brabant Styria Carinthia Carniola Marquess of Moravia Duke of Luxemburg of the Upper and Lower Silesia Wirtemburg and Tecka Prince of Suabia Count of Habsburg Tyrole Kyburg and Goritia Marquess of the Sacred Roman Empire of Burgovia and of the Upper and Lower Lusatia Lord of the Mark of Slavonia Port Naon and the Salt Pits c. on the one part and the most Serene and most Potent Prince and Lord Lewis XIV the most Christian King of France and Navar on the other part and that their Imperial and Most Christian Majesties have been very intent upon the terminating as soon as might be those Evils daily increasing to the prejudice of the Christian Religion It hath by the Blessing of Almighty God been at length so brought to pass by the Endeavours of the Most Serene and most Potent Prince and Lord Charles XI King of the Swedes Goths and Vandals Great Prince of Finland Duke of Schonen Esten Livonia Carelia Bremen Verden Stetin Pomerania Cassubia and Vandalia Prince of Rugen Lord of Ingria and Wismar and also Count Palatine of the Rhine Duke of Bavaria Juliers Cleve and Berghen c. of famous Memory who from the very beginning of these Commotions hath not ceased with great Earnestness to perswade the Christian Princes to a Peace and was at length receiv'd by all the Parties to be a Mediator for composing the same as soon as possible and laboured most graciously therein to the day of his Death That a solemn Treaty to that end hath been set on foot in the Royal Palace of Reswick in Holland and after his Decease brought at last to an End with the like Application of the most Serene and most Potent Prince and Lord the Lord Charles XII King of the Swedes Goths and Vandals Great Prince of Finland Duke of Schonen Esten Livonia Carelia Bremen Verden Stetin Pomerania Cassubia and Vandalia Prince of Rugen Lord of Ingria and Wismar as also Count Palatine of the Rhine Duke of Bavaria Juliers Cleve and Berghen who succeeds his Father with equal Care for the publick Tranquility For the Extraordinary Embassadors and Plenipotentiaries authoriz'd in due Form having appeared on both sides in the said place viz. On the part of his Imperial Majesty the most Illustrious and most Excellent Lords the Lord Dominick Andreas Count of the Sacred Roman Empire and of Kaunitz hereditary Lord of Austerlitz Hungarishbrod Marischprus and of the greater Orzechan Knight of the Golden Fleece Councellor of State to his Imperial Majesty ●●amberlain and Vice-Chancellour of the Sacred Empire The Lord Henry John Count of the Sacred Roman Empire of Straatman and Peurbach Lord of Orth Shemiding Spatenbrun and Carlsberg of his Imperial Majesty's Court Council and Chamberlain And the Lord John Frederick free and Noble Baron of Seilern Counsellor to his Imperial Majesty and Authorised Commissary in the Dyets of the Empire And in the Name of the Most Christian King the most Illustrious and excellent Lords the Lord Nicholas de Harlay Knight Lord of Bonnevil Count of Cely Consellour in ordinary to his Majesty in his Council of State The Lord Ludovic Verjus Knight Counsellor in Ordinary to the King in his Council of State Count of Crecy Marquess of Freon Baron of Couvay Lord of Boullay of the two Churches in Fortille and in other places and the Lord Francis Callieres Knight Lord of Callieres Rupischelle and Gigny by the intervention and Endeavours of the most Illustrious and most Excellent Lords the Lord Charles Bond Count of Biornoo Lord of Hesleby Tyresio Toftaholm Graffsteen Gustafsberg and Rezitza Senator to his Swedish Majesty and Chief President of the Court of Dorpaten in Livonia and of the Lord Nicholas Fell Baron of Lillieroot Secretary of State to his Swedish Majesty and Embassador Extraordinary to their High and Mightinesses the States General of the Uunited Provinces who have discharged the Office of Mediators with much Integrity Diligence and Prudence with the Consent and Suffrages of the Plenipotentiaries of the Electors Princes and States of the Sacred Roman Empire after having invoked the Assistance of the Divine Majesty and in due form Exchanged the full Powers have to the Glory of God and good of Christendom mutually agreed on the following Conditions of Peace and Friendship I. That there be a Christian Universal and perpetual Peace and true Friendship between his Imperial Majesty and his Successors the Sacred Roman Empire his Hereditary Kingdoms and Dominions Subjects and Vassals on the one part and his Most Christian Majesty and his Successors Subjects and Vassals on the other part and that the same Peace be so sincerely observed and cultivated that neither Party shall contrive or promote any thing to the Damage or loss of the other under any pretence whatsoever or give any Aid or Assistance to any Person or Persons that would design or put in Execution any thing to the detriment of either under what denomination soever it be or receive protect or assist the Rebellious or Seditious Subjects of each other upon any account whatsoever but rather that each Party shall seriously promote the Honour Advantage and Interest of the other notwithstanding any Promises made to the contrary and any Treaties and Leagues which way soever made or to be made which are hereby annulled II. Let there be a perpetual amnesty and oblivion of all Acts of Hostility committed on either side in any place or by any way whatsoever so that the one shall not because of them or under pretence of any other thing either directly or indirectly offer any Violence or Injury to the other or suffer any to be done by Deed or Writing but that all offered Injuries and Violences be so utterly abolished without any respect of Persons or Things that whatever upon that account the one may pretend against the other shall be buried in perpetual oblivion All and every the Vassals and Subjects of each Party shall also partake and enjoy this Amnesty and the Benefit and Effect of it so as that it be a Prejudice and a Crime in none of them to have followed this or that Party so as not to be restored to the full Enjoyment of