The acts and negotiations, together with the particular articles at large of the general peace, concluded at Ryswick, by the most illustrious confederates with the French king to which is premised, the negotiations and articles of the peace, concluded at Turin, between the same prince and the Duke of Savoy / translated from the original publish'd at the Hague.

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The acts and negotiations, together with the particular articles at large of the general peace, concluded at Ryswick, by the most illustrious confederates with the French king to which is premised, the negotiations and articles of the peace, concluded at Turin, between the same prince and the Duke of Savoy / translated from the original publish'd at the Hague.
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London :: Printed for Robert Clavel ... and Tim. Childe ...,
1698.
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Subject terms
France. -- Treaties, etc. -- Savoy (Duchy), 1696 Aug. 29.
Treaty of Ryswick (1697)
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"The acts and negotiations, together with the particular articles at large of the general peace, concluded at Ryswick, by the most illustrious confederates with the French king to which is premised, the negotiations and articles of the peace, concluded at Turin, between the same prince and the Duke of Savoy / translated from the original publish'd at the Hague." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A27483.0001.001. University of Michigan Library Digital Collections. Accessed June 9, 2024.

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THE PROJECT OF PEACE Between the Emperor & Empire On one Part; and his Most Christian Majesty On the other Part: As it was deliver'd in by the French Ambassadors the 20th of July, 1697.

With the Answer of the Imperial Ambassa∣dors to the said Project, given in the 5th of August, 1697. Translated from the Latin.

Page [unnumbered]

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THE CONDITIONS Upon which his Most Christian Majesty Agrees to make Peace with all the ALLIES.
The Preamble.

BE it known unto all Men, both present and to come, that in the Course of a most bloo∣dy War, under which Europe has so long groan'd, it has pleas'd Divine Providence to pre∣pare at last for Christendom a happy Conclusion of its Miseries, by inspiring an ardent Desire of Peace into the Hearts of the most High, most Ex∣cellent, and most Potent Prince, Leopold, Elected Emperor of the Romans, always August King of Germany, Hungary, &c. of the most High, most Excellent, and most Potent Prince, Lewis XIV. by the Grace of God most Christian King of France and Navarre; of the most High, most Excellent, and most Potent Prince, Charles II. by the Grace of God Catholick King of Spain; and of their High and Mightinesses the States General of the United Netherlands: All of which Princes and States, being equally desirous to concur bonâ fide, as far as in them lies, towards the Re-establishment of the Publick Tranquility, they think of nothing less than ren∣dering it Solid and Lasting by the Equity of the

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Articles in the ensuing Treaty. Whereupon in the first place their Majesties and the said States Gene∣ral have for this purpose unanimously consented, to accept of the Mediation of the most High, most Excellent and most Potent Prince, Charles XI. by the Grace of God King of Sweden, Goths and Van∣dals of glorious Memory. But whereas an untime∣ly Death afterwards took away that Prince, and disappointed the Hopes, which all Europe had just∣ly conceived of the happy Issue of his Counsels and good Offices, their said Majesties and the States General being still resolved to put a speedy stop to the Effusion of so much Christian Blood, have thought they could not make Choice of a Media∣tor more agreeable to all Parties concern'd and in∣terested in the War, than by continuing to ac∣knowledge under the same Character the most High, most Excellent, and most Potent Prince Charles XII. his Son and Successor, the present King of Sweden, who has already us'd the same En∣deavours to promote the Peace between his Impe∣rial Majesty and his Allies on the one part, and his most Christian Majesty on the other part, in the Conferences actually held for this purpose in the Palace at Ryswick in the Province of Holland, between the Ambassadors Extraordinary and Plenipotentiaries nominated and deputed by both Parties. Viz.

On behalf of the Emperor, Count Caunitz, Count Straatman, and Count Seylern, &c.

On behalf of his most Christian Majesty, the Sieurs Harlay, Count Crecy, and Cailliere, &c.

On behalf of his Catholick Majesty, the Sieurs Don Bernardo de Quiros, and Count Tirimont, &c.

On the behalf of the States General, the Sieurs Boreel, Dyckvelt, and Van Haren, &c.

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Who having implored the Divine Assistance, and communicated respectively their full Powers (the Copies whereof are inserted word for word at the end of the Treaty) and having caused them to be duly exchang'd by the Intervention and Mediation of the Baron of Lilieroot, Ambassador Extraordinary and Plenipotentiary of the King of Sweden, who ac∣quits himself in the Office of a Mediator, with all the Prudence, Ability and Equity requisite for the Re-establishment of a General Tranquility, They shall agree together for the Glory of God, and the Welfare of Christendom upon the Articles of Peace and mutual Amity which follow.

The Answer of the Imperial Ambassadors to the Project of Peace deliver'd in by the French.
Answer to the Preamble.

ACcording to established Custom 'tis requir'd, that in all Treaties between the Emperor and Empire on one part, and France on the other, the Latin Tongue should be made use of, and especially that what is deli∣ver'd in writing on either side should be in that Language. Therefore it was but reasonable for them to demand, that this Custom might be observ'd with respect to the Pro∣ject, and in all future Negotiations. Tho' in this Pro∣ject there is no mention made but only of Three Allies, yet it is to be supposed, that the Treaty of Peace should be manag'd and concluded with all the Allies engaged in the present War, and that several Instruments should be drawn up according to the Number of them. Lastly, They will readily agree at the end of this Negotiation to the remaining part of the Preamble.

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Article I.

There shall be an Universal, Perpetual and Chri∣stian Peace, and a true and sincere Amity between his Imperial Majesty and his Allies on the one part, and his most Christian Majesty on the other part, their Heirs and Successors, their Kingdoms and Pro∣vinces, especially between the Princes Electors and other States of the Empire comprehended in the Treaty of Peace, with their Heirs and Successors. This Peace and Amity shall sincerely and faithfully be observ'd and continued in such a manner that each Party shall be for promoting the Honour, Welfare, and Profit of the other. There shall be passed on both sides a perpetual Amnesty and Ob∣livion of all Acts of Hostility, exercis'd during the War, in what place, or howsoever committed: So that for the future no Redress shall be sued for either by Course of Law or otherwise, within the Empire, the Kingdoms and Territories of his most Christian Majesty, his Catholick Majesty, nor the States General and Allies, notwithstanding all A∣greements, which may formerly have been conclu∣ded upon to the contrary. But all Injuries, Vio∣lences, Hostilities, Damages, and Expences, with∣out any Distinction of Things or Persons, which may have been caus'd on either side, whether by Words, Writings, or Deeds, shall be entirely Can∣cell'd, so that whatever may be pretended under this Colour by one against the other, shall be buri∣ed in an Eternal Oblivion.

Answer to Article I.

When this Article was last debated, the Imperial Am∣bassadors

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urg'd, and the French agreed, that the Em∣pire and Emperor should not be separated, but be joyn'd together according to ancient Custom, and as it was ob∣serv'd in the Treaty of the Twenty years Truce made at Ratisbonne: That it was requisite, not only to express what might conduce to the preserving the Peace, in order to observe it; but likewise to take notice of what might obstruct or destroy it, in order to avoid it. That lastly, It would be no difficult matter to adjust a general Am∣nesty, when once an Agreement was made, about the Re∣paration of the Losses sustain'd, and the Charges they had been put to: adding withal a necessary Limitation with respect to Ecclesiastical Benefices to be hereafter mention'd. From these Proposals two Arcicles do A∣rise:

I. There shall be a Christian, Universal and Perpe∣tual Peace, and a true Amity between his Sacred Impe∣rial Majesty, and his Successors, the whole Roman Em∣pire, the Kingdoms and Hereditary Dominions, his Vas∣sals and Subjects, and all his Allies, on the one part, and his. Sacred Majesty, the most Christian King, and his Successors, his Kingdom and the Subjects of France, on the other part. That this Peace shall be maintain'd and preserv'd with that Sincerity, that neither Party shall attempt any thing to the ruin or prejudice of the other, under what pretence soever; nor directly or indirectly aid or assist any Person or Persons who shall or may en∣deavour any thing to the prejudice of either Party; That neither Party shall receive, protect, or abet the Rebellious and Refractory Subjects of the other Party; but both shall promote and advance the Welfare, Honour, and Interest of each other, all Promises, Contracts, and Alliances made or to be made to the contrary notwithstanding, all which are null'd and made void by these Presents: Al∣ways provided that the Amnesty granted by this Peace, and contain'd in the following Articles, shall remain in

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full force, and not be diminished in the least by this Ar∣ticle.

2. There shall be a perpetual Amnesty and Oblivion of all Acts of Hostility on either side, in what place, and after what manner soever committed; so that neither upon this Account, nor for any other Reason or Pretence what∣soever, the one shall not raise, or cause to be raised, dire∣ctly or indirectly, any Enmity or Disturbance against the other, under Colour of Justice or by Matter of Fact: But on the contrary, All and singular the Injuries and Violences, offer'd by Words, Writings, or Deeds, shall be absolutely cancell'd, without respect to either Persons or Things, a∣gainst whom they may have been committed: so that all Pretences of either Party upon this Account shall be buri∣ed in an Eternal Oblivion. Provided always that Sa∣tisfaction be made for the Losses and Charges herein af∣ter to be mention'd. The Benefit of which Amnesty all and singular the Vassals and Subjects of both Parties shall enjoy, so that no Person shall be prejudiced or molested for having adhered to either Party, but may be restor'd ful∣ly to all the Estates and Dignities which he was in pos∣session of immediately before the beginning of the War. Provided always and Excepted, whatever shall be resol∣ved in the following Articles upon the Account of Eccle∣siastical Benefices, Chattels and Fruits.

Article II.

Forasmuch as the Treaties of Munster and Nime∣guen ought to be the Basis and Foundation of the present Treaty, and just as they are joyn'd to each other by that of Nimeguen, so that this latter may be said to contain both: The foresaid Treaty of Ni∣meguen shall have the same force here, as if inserted word for word, and executed in all its Points and Articles, unless it be otherwise expresly provided.

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Answer to Article II.

It is very true, if things be duly consider'd, that the Treaty of Westphalia and that of Nimeguen, may and ought to be reckon'd one and the same: since the former is so ratified and confirm'd by the latter, as if the In∣strument of the Westphalian Treaty, were inserted word for word in the Treaty of Nimiguen, unless in such cases wherein the former was abrogated by the lat∣ter: so that in effect, by promising to renew the one, it was likewise promised to renew the other. However, because in reality they were two distinct Treaties of Peace, made at several Times and in several Places, carried on by different Ministers, for several particular Reasons, and drawn up in different Forms: It is likewise requisite, that in settling the Foot of this present Peace, which is the Subject Matter of this Article, a particular mention should be made of both Treaties; since there are real Differences in the Second Treaty, from what his Excel∣lency Monsieur Cailliere agreed to in the Preliminaries, which were exhibited on the Tenth of February last.

Article III.

Whereupon there shall be an entire Oblivion of all that has pass'd during the present War, and all Things shall be remitted on either side, in the same State wherein they were by the foresaid Treaty.

Article IV.

To this purpose, whereas divers Re-unions of se∣veral Territories situated in the Empire, have been made by the Chambers of Metz and Bezancon, and the Soveraign Council of Brisac, since the said

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Treaty of Nimeguen, of which his most Christian Majesty has been put into Possession, his said Ma∣jesty does covenant, that they shall be entirely re∣vok'd, without regarding the Sentences which have been pass'd by the foresaid Chambers and Council, and Things shall be restor'd in the same State and Condition wherein they were before the said Sen∣tences and Re-union, and as they were at the Time of the Treaty of Nimiguen.

Article V.

His most Christian Majesty promises upon Ho∣nour to withdraw his Forces from all the Countries and Places they have been possess'd of in the Em∣pire during the present War.

Answer to Article III, IV, V.

The former part of the Third Article has been already discussed in the Second. What follows is part of the Restitution to be made by the ensuing Peace. In conse∣quence whereof all Decrees of Union and Re-union are to be Cancell'd and Abolish'd, some of which have been printed at Paris, Cum Privilegio, and consequently by the King's Authority; among the rest Two, whose Ti∣tles run thus, A Decree of the Soveraign Council of Al∣sace sitting at Brisac, importing that the King shall be put into Possession of the Soveraignty of the Lower Alsace, it bears date March 22. 1680. The other is entituled, A Decree of the Soveraign Council of Alsace, sitting at Brisac, importing that the King shall be put into Possession of the Soveraignty of the Lower Alsace, and of other Territories and Seigniories situated in the Upper Alsace; this is dated August 9. 1680. Especi∣ally since these Expressions, and others to be met with in

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the whole Body of the Decree, concerning the detaining and possessing of other Territories at that time acknow∣ledg'd, do sufficiently manifest the state of things by the then Treaty of Nimeguen, and the time ensuing. This likewise was evident, and particularly in the Right pre∣tended to Strasburgh, Landau, and Cronweissem∣berg, by receding from performance of the Peace of Ni∣meguen, the first Article whereof was drawn up in these Terms.

The Emperor shall forthwith cause his Forces and Troops to withdraw from all the Provinces of the Em∣pire, which do not by an Hereditary Right belong to the House of Austria, namely from the Circle of Suabia and Franconia, as well as from the Electoral Circle of the Rhine, and from that of the Upper Rhine, and from the Towns and Forts situated thereon, From Bon, Strasburgh, Offenberg, Hockberg, Landau, Cron∣weissemberg, and in general from all such places, as neither by the Treaty of Munster, nor by that of Nime∣guen belong'd to his Imperial Majesty, so that immedi∣ately before the Tenth of August, the said Forces shall be drawn into Bohemia, and into other of his Patri∣monial States.

Therefore 'tis evident that Bon, Strasburgh, Offen∣berg, Landau, Cronweissemberg, and all the other Places of the Empire, which were not look'd upon as be∣longing by an Hereditary Right to the House of Austria, neither by the Treaty of Munster, nor that of Nime∣guen, were yet consider'd and absolutely esteem'd to be part of the Empire, and comprehended in its Circles and Dependencies. From whence it plainly follows, that by the Articles propos'd by the French Ambassadors, all these Places are to be restor'd and re-establish'd. Since the Case stands thus, and these Places are the Chief of what ought to be restor'd, the Emperor's Ambassadors, and those of the Electors, Princes, and other States here pre∣sent,

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do reasonably hope that there will be less difficulty about the other Articles to be agreed upon for the speedy Re-establishment of a firm and lasting Peace, and there∣fore they desire that an immediate Consent may be given to the two following Articles, as the Foundation and Ge∣neral Rule of the present Peace.

1. The Treaty of Westphalia, together with that of Nimeguen, shall be the Basis and Foundation of the present Peace, which shall be executed with respect both to Church and State, immediately after the Ratifications shall be exchang'd; and for ever after maintain'd in its full force, unless in such things as shall be otherwise pro∣vided for by the present Treaty. Therefore whatever after the said Peace of Munster, and the Treaty of its Execution made at Nuremberg, has been to this pre∣sent in the Possession of his most Christian Majesty, un∣der pretence of Right, or by open Force, or in any other manner whatever, and which was before possess'd by the Emperor, or by the Empire and the States depending thereon, including the Three Nobless, with their Imme∣diate Dependants and Vassals, such Cities, Towns, Bur∣roughs, Citadels, Castles, Forts, Villages, Houses, Ter∣ritories, Mountains, Hills, Forests, Meadows, Mines, Quarries, Lakes, Rivers, Islands, Bridges, Ri∣vulets, Jurisdictions, and Rights, proper and in Fee∣simple, till'd and untill'd, shall be faithfully restor'd to their Ancient Proprietors, without demolishing the For∣tifications, or any Publick or Private Houses, without rendring them in a worse state than they are at present, or exacting any thing for the Charges they have been at upon them, without exacting any Contributions by the Army, or in their behalf: And this Restitution shall be made without any delay, within Ten days at farthest after the Ratifications be exchang'd, or sooner if possible, together with all the Artillery, Ammunitions and Pro∣visions, as well such as were in the Places when taken,

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and since quitted and demolished by the Garrisons that were in them, and such as are in any other Places what∣ever, together with all Papers and Writings, where and however seiz'd. That whatever Alterations or Innova∣tions have been made, by his most Christian Majesty, after the said Peace, and the Treaty of Execution made at Nuremberg in Civil or Ecclesiastical Affairs, under the Name and Pretence of Suntgau, Landgrave of Al∣sace, Provincial Prefecture of Haguenau, and the Feu∣dal Union of Dependencies, Appendencies, Submissions, Surrenders, Engagements, all manner of Grants, whe∣ther Absolute or Limited, or upon any other Cause or Reason whatever, shall be cancell'd, and re-settled upon its first footing; and after it has been thus re-settled, shall remain in the perpetual possession of his Imperial Majesty, as his Property or Fief. Laws General or Spe∣cial, known or unknown, made publickly or privately by what Person whatsoever, all Edicts, Priviledges, Di∣spensations, Concessions, Donations, Investitures, Decla∣rations, Mandats, Prohibitions, Registers, Incorporati∣ons, Unions, Re-unions, Confiscations, Arrests, Decisi∣ons, Decrees, Sentences, Homages, Contracts, Transacti∣ons, though ratified by the Oaths and other Pretensions of his most Christian Majesty, the Royal Family and Kingdom of France, or of his Feudatories and Subjects, or the Oppositions of any Courts, Councils, Chambers, or States, either National or Provincial, and all other Pre∣tences whatsoever past, present, or to come, to the contrary notwithstanding: the which Laws, &c. are cancell'd and abolish'd, as far as they respect the present Case; notwithstanding likewise all that may be ever surmis'd, alledg'd or imagin'd to the contrary, and notwithstand∣ing all other Reasons whatever, which may seem to de∣serve a more special and particular mention, and to in∣timate that this present Cancelling and Annulling is void and of no effect.

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2. For the farther illustrating the foregoing Article; and to cut off all occasion of future Debates, without mentioning the Reference to be made to Commissioners, Umpires, and their Decisions; it is farther agreed, That his most Christian Majesty, and the Kingdom of France shall rest satisfied with what has been granted to them by the Peace of Munster in Westphalia, namely, with the Jurisdictions of the three ancient Bishopricks of Metz, Toul and Verdun, as far as they had regard to them at the time of the said Peace; and likewise with the Rights and Priviledges of Suntgau, the Landgravate of Alsace, and of the Provincial Government, in the same manner as they were formerly possessed by the most Serene House of Austria, and which are not to be alter'd upon the Account of any Compensation to be made for Dama∣ges done, or for the sake of making the Peace more firm and lasting; and that they shall not pretend, demand, or exact from any State, Vassal or Subject of the Empire, any Oath, Obligation, or Dependence, except within the Jurisdictions of the said three Bishopricks, as far as they concern'd them at the time of the said Peace, or except within the said Rights possessed by the House of Austria, and which are not at present alter'd, under any Pretence, Reason, or Matter of Fact or Right whatever: The state of the Case, as to the Surrendring up of the Rights of the House of Austria, being the same now as for∣merly, except only the Manner of Possession; forasmuch as what the most Serene House of Austria has receiv'd in Fief from the Empire, and held under its Jurisdicti∣on, shall be held and possess'd with the Right of Sove∣raignty, by the Kingdom of France, and after the same manner as what belongs to the said three Bishop∣ricks within their Jurisdictions, is therein included and comprehended. And by Consequence all those in general which are reckon'd, and are of Right the States, Vas∣sals, and Subjects of the Empire, whether such as are

Page 71

more particularly mention'd in the Treaty of the Peace of Munster, or in the Treaty of Execution made at Nuremberg, or in the Treaty of Nimeguen, all which are supposed to be repeated here, or such as were therein omitted, of what degree or place soever they be, shall from henceforward be ever exempted free from all Obli∣gation, Tye, or Trouble that may thence ensue, towards his most Christian Majesty and the Kingdom of France.

Article VI.

Though the City of Strasburgh was put into the Hands of his most Christian Majesty, by a parti∣cular and voluntary Agreement, and has been since possessed and fortified by the Arms of his said Majesty, even after the Treaty of Nimeguen, which his Majesty is willing to observe in all its Particulars, he consents to withdraw his Forces out of the said City, on Condition the Fortifica∣tions made by his Orders, as well about the said City as the Citadel, be first demolish'd, the Fort of Kell, and other Forts of the Isles of the Rhine, and of the said City of Strasburgh, remaining for its Fortification, in the same Condition it was in before it was possessed by his Majesty, and the Ci∣ty restor'd to all its Rights and Priviledges of an Imperial City.

And because the demolishing the said Fortifica∣tions requires the Space of about Eight or Ten Months, his Majesty Promises to do it with all pos∣sible Diligence, and likewise Consents that the Em∣peror may have a Commissary at Strasbourgh to be an Eye-witness till the said Demolishment be en∣tirely finish'd.

His Majesty shall keep in the City, Citadel and Fort of Strasbourgh, a sufficient Garrison to carry on the Work.

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To this Part of the Sixth Article is annexed a Colla∣teral Corolorary, which is as follows:

Whereas the City of Strasbourgh was put into the Hands of his most Christian Majesty in the Year 1681. and continued in his Possession till the Expiration of the Truce, in 1684. The Empe∣ror and his most Christian Majesty, for the mu∣tual Benefit of the Frontiers of their States, are agreed with respect to that Place, as follows: That the Emperor for himself, his Successors, and for the Empire, shall renounce all Rights of Sove∣raignty over the City of Strasbourgh, shall for ever grant for himself, his Successors, and for the Empire, to the King and Crown of France the said City of Strasburgh, with all its Appurtenances and Dependencies, to be injoy'd by the King and the Crown, with all Right of Property and Soveraignty, so as never to be mo∣lested therein for any Cause, or upon any Occa∣sion whatever.

In Exchange, his Most Christian Majesty shall Surrender to his Imperial Majesty, the City and Castle of Friburgh, in the State they are in at present, together with the Villages of Heu, Met∣shausen, and Kirkzand, with all, and such Rights of Sovereignty and Property as were surrendered to him by his Most Christian Majesty, by the Fifth Article of the Treaty of Nimeguen.

Moreover, his Majesty is willing to deliver up to the Emperor the City of Brisac, seated on the other side the Rhine, in the same Condition wherein it is at present; with all its Dependen∣cies, except some Villages in Brisgau, which are on this side the Rhine. And that the Rhine may be the constant Barrier between this Place and his Majesty's Territories, it is agreed, That the

Page 73

new City of Brisac, and the Fort in the Island, as also the Bridge, shall be utterly demolished, ne∣ver to be raised or re-built again; But that the Fort called the Mortar, seated on this side the Rhine, shall remain in the Possession of his most Christian Majesty.

His Majesty also Promises, to raze the Fortifi∣cations that have been made at Hunninghen, beyond the Rhine, as also the Horn-Work of the Island, and to demolish the Bridge of that Place which is upon the Rhine.

He likewise agrees to restore to the Emperor and Empire the Fort of Kell, seated at the End of Strasburgh-Bridge, and to raze those of the Ci∣ty, the Islands, and the Rhine, reserving only to himself the City and Citadel of Strasbourgh, and the Redoubt on this side the Rhine. He will also cause to be demolish'd the Horn-work of the Mar∣quisate, and Fort Lewis upon the Rhine, and all the Works on the other side that River; together with part of that Bridge which has Communication with the Fort of that Horn-work.

He also engages to restore to the Emperor the City of Philipsbourgh, which has been possessed by his Forces during this War: But to the end that the Frontiers of France and the Empire may be ab∣solutely bounded by the Rhine, the Bridge of Phi∣lipsburgh, and the Fort at the End of the said Bridge, on this side the Rhine, shall be demolish'd.

Whereas the Treaty of Nimeguen has regulated the Conditions, upon which the King is to restore Lorrain to the deceased Duke of that Name: And whereas the Duke his Son, supported by the Re∣commendation of the Emperor, has desired his Majesty to grant him new and more favourable Conditions; his most Christian Majesty, in Con∣sideration

Page 74

of the Emperor's Recommendation, and inclin'd thereto by the Good Will and Affecti∣on which he bears to the Duke of Lorain, is willing to relinquish the Conditions which were granted him by the Treaty of Nimeguen, and to re-enstate the Duke of Lorain in possession of his Territories, such as his Uncle Duke Charles possess'd in the year 1670. in manner following. To this effect his Majesty will restore to him the Old and New Town of Nancy, upon Condition that the Fortifi∣cations of the New Town shall be entirely demo∣lish'd, and never rais'd again for the future; that the Bastions and Curtains of the City shall remain untouch'd, but the Outworks and Half-moons shall be raz'd: that the Gates of the New Town shall stand, and that the Duke of Lorrain shall be permitted to enclose the said New Town with a dry Wall, not Terrass'd, and without a Flank: that the Roads which had been granted by the said Treaty, and which were to remain in the Sove∣reignty of his most Christian Majesty, to facilitate the Passage of his Troops from S. Dizier to Nan∣cy, from Nancy to Alsace, from Nancy to Petzon, and from Nancy to Metz, shall be restored to the Soveraignty and Property of the Duke of Lorrain. His Majesty desisting from all the Rights which had been granted him upon the Point by the Trea∣ty of Nimeguen, upon Condition however that the Duke shall grant his Majesty's Troops a passage through his States as often as shall be requir'd, pay∣ing such Duty as shall be agreed upon between his Majesty's and the Duke of Lorrain's Commissioners. His Majesty also promising to withdraw his Gar∣risons out of Bisch and Hambourgh, after having de∣molish'd the Fortifications, which are never to be rais'd again. His Majesty reserving to himself

Page 75

only Saar Lewis, which he caus'd to be fortified, in order to possess it hereafter as his Soveraignty, with the Compass of a half League round about, as shall be regulated by Commissaries appointed to this Effect by the King and the Duke of Lor∣rain.

His Majesty also by this present Treaty con∣firms the Sixteenth Article of the Treaty of Nime∣guen, touching the Recompence which is to be given to the said Duke of Lorain for the City and Provostship of Longui, as if the said Article were here set down word for word; it is stipulated, that it shall have its full force of Execution.

The 20, 21, and 22th Articles touching the Pro∣visions made for the Benefices, Sentences, and De∣crees given by the King's Officers and Judges, and the Restitution of the Archives and Charters of the Chambers of Accounts of Nancy and Barr, may be re-settled, as they are in the Treaty of Nimeguen.

Answer to Article VI.

Every Body knows what was the Opinion of the Re∣publick of Strasburgh, when it was put into the hands of his most Christian Majesty after the Peace of Nime∣guen, and also what was the Opinion of all the Inha∣bitants and Bishops of the said City, of the Count of Hanault, of the Baron of Fleckensteim, and of the Immediate Nobless of the Lower Alsace, nam'd in the Treaty of Rendition, Septemb. 20. 1681. and of all the other Subjects of the Empire, both mediate and im∣mediate. And it is very evident by the preceding Ar∣ticle, what upon the whole ought to be resolved, and what for the future ought to be had conformable to the Treaties of Munster and Nimeguen, which are suppo∣sed

Page 76

in all these Respects to be here repeated; and more particularly with regard to the full and entire Restituti∣on of the City of Strasburgh, with all its Dependencies and Appurtenances, situated on both sides the Rhine, without demolishing or prejudicing the Edifices or For∣tifications thereof, together with its Arsenal, which has been transferred elsewhere; and lastly, of all the Rights which belonged thereto, before it was taken by France, and especially of its immediate Dependance on the Ro∣man Empire, which things are to be expresly set down in the Treaty of Peace; rejecting all manner of Equiva∣lent that shall be offered, always excepting a more par∣ticular Designation, as far as shall be judged necessary, and which shall at any time be produced. As for the Affairs of Lorrain, and others contained in this Arti∣cle, they are referred to the ensuing Articles.

Article VII.

And because his most Christian Majesty was constrain'd to seize upon the City of Treves, his said Majesty likewise promises, after the Ratifica∣tion of the present Treaty, to restore it to Mon∣sieur the Elector of Treves.

Answer to Article VII.

According to what has been already determin'd, France is not only oblig'd to restore to his Excellency the Elector of Treves, the City of Treves, but also a full and Entire Restitution ought to be made to him of all that belongs to him, by virtue of the Archbishoprick of Treves, Bishoprick of Spires, Abbey of Prum, and Provostship of Weisemberg; wherefore the following Article is to be inserted in the Treaty of Peace, viz.

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The Elector of Treves shall be restored to all the Places, Fiefs, Revenues, and Rights, both Ecclesiasti∣cal and Secular, which belong to him by Virtue of the Archbishoprick of Treves, Bishoprick of Spires, Abby of Prum, and Provostship of Weisemberg, and their Dependencies, which either he, or his Predecessors have enjoy'd and possessed after the Execution of the Peace of Munster, whether particular mention has been thereof made or omitted, with all the Acts and Decrees, to be by him henceforward possessed and enjoy'd without any Mo∣lestation or Trouble to be given him by France on this Account; with Satisfaction for the Losses he has sustain∣ed, of which a Separate Article shall be made, and have the same force as the present Treaty.

Article VIII.

Whereas his Majesty thought it requisite to for∣tifie Montroyal, and the Castle of Traarback, he is pleas'd to oblige himself to demolish Montroyal, and the New Fortifications of Traarback, leaving the Castle in the same Condition as it was before. Montroyal also being so raz'd, and never to be for∣tified again, and the said Castle of Traarback be∣ing to be restor'd to the Proprietors to whom they did belong, before they were possessed by the King's Forces; his Majesty will do the same with respect to the Forts of Kirn and Ebernberg.

Answer to Article VIII.

An entire Restitution of all that belongs to the Em∣pire, and consequently of all the Places mentioned in this Article, follows from what has been said upon the Third and ensuing Articles; leaving it, as Justice requires, to the Liberty of the Emperor and Empire, to dispose

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of what is their own, as they shall think fit, in what Place soever it lies.

Article IX.

Whereas by the Fourth Article of the Treaty of Nimeguen the most Christian King had restor'd to the Emperor Philipsburgh, with all and such Rights which his Majesty had to the said Place, his most Christian Majesty, to set things on the same foot with the said Treaty of Nimeguen, does promise to restore the said City, with all its Fortifications, in the same Condition as now it is, only destroying the Bridge which his Majesty had caus'd there to be built.

Answer to Article IX.

There is so little need to explain and prove the Great∣ness of the Damages, which all the Members of the Empire, and especially the Emperor have suffered by the War, the necessity of Redressing them, and the small De∣mands that have been made on that Account, that they need not fear to refer these things to the Testimony and Determination of France it self; provided it would be induc'd to consider, what is so obvious to all the World, not with that Exactness and Perspicuity as is requisite, but only with half an Eye. Therefore, whereas after the entire Restitution of Friburgh, founded on the third and ensuing Articles, with the three Villages which de∣pend thereon, and which, contrary to the Intention of the Peace of Nimeguen, and the Execution thereof, were possessed by France under the Notion of Appurtenances and Dependencies, except the Right of Diocesan, and o∣ther Rights and Revenues reserved to the Bishoprick of Constance by the Fifth and Tenth Articles of the Trea∣ty

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of Nimeguen, they may and do accept as part of that Satisfaction due to his Imperial Majesty, that which is offer'd afresh, and has formerly been possessed by the Empe∣ror and the most Serene House of Austria, viz. Brisac and Philipsburgh, without any prejudice to the Bishoprick of Spires. But upon the account of the manifest Justice of the thing in debate, and to make the ensuing Peace the more lasting, this Restitution shall be full and intire, with all the Fortifications which belong thereto on both sides the Rhine, and the Bridge, with all the Ammu∣nitions and Provisions, which are therein at present: and Justice likewise requires that a more particular re∣gard should be had to what is contain'd in the Tenth Ar∣ticle of the Demands of the Imperial Ambassadors: ex∣cepting always a more particular Account of the Dama∣ges and Expences which the States of the Empire have been at; leaving the Decision thereof (for the sake of Equity, and of a good and solid Peace) to the known Affections and Endeavours of his Excellency the Me∣diator.

Article X.

The same Treaty of Nimeguen having regulated all the Conditions upon which his most Christian Majesty oblig'd himself to re-invest Monsieur the Duke of Lorain in his Territories, his Majesty be∣ing willing that the said Treaty should have its full force, does yield that 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22th Articles of the said Treaty of Nimeguen, shall have the same Force in the pre∣sent Treaty, as if they were inserted here word for word therein.

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Article XI.

His most Christian Majesty having caus'd Saar Lewis to be fortifi'd, shall keep that place in the same Condition as it is, with half a League of Country round about it, as shall be regulated by Commission∣ers appointed by his Majesty and Mons. the Duke of Lorrain; and the said Duke shall surrender to his Majesty the said Place, and half a League round, to be enjoy'd for the future by his Majesty, with all Right of Soveraignty and Propriety: in ex∣change, his said Majesty shall recompence the said Duke in such a manner as shall be to his Content and Satisfaction; and that which shall be given him in Exchange, and which shall be likewise regulated by the said Commissioners, shall for the future be possess'd by the said Duke, with all the Rights of Soveraignty and Property.

Answer to Article X. and XI.

As to what concerns the Affairs of Lorain, as com∣prehended under the protection of the Empire, and as being a Fief thereof upon the Account of several parts of it, in the first place what has been said above concern∣ing the Vassals and Clients of the Empire, and particu∣larly with respect to the Unions and Re-unions, ought to be apply'd here. In the next place, such things as are the Proprieties of other States of the Empire, ought not to be mix'd and confounded with the Affairs of Lorrain. Much less by virtue of restoring Lorrain, which by all manner of Equity becomes due, ought they to detain Strasburgh, which has nothing to do with Lorrain, or any other Places, which are alike to be restor'd to the Empire, or to the States dependent thereon. In short, it

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is reasonable to have regard to what was formerly pro∣duc'd by the Plenipotentiary of Lorain upon this Subject, as if it were here inserted word for word.

Article XII.

His said Majesty shall take out of all the Places which he promises to demolish, or restore to the Emperor, all the Provision and Ammunition, to∣gether with all the Artillery, which shall be there at the time of Demolishing or Surrender.

Answer to Article XII.

Instead of this Article is repeated what had been ex∣press'd in the Third, and which is founded on so much the clearer and more indubitable Title, as that the Ar∣tillery, the Ammunitions and Provisions which are at present in the places which are to be surrendered, or were there, when they were taken, or carried thither from o∣ther places of the Empire which were ruin'd or deser∣ted; or which were rais'd in the Countries belonging to the Empire, or gain'd by the Money or Industry of its Subjects, together with the Fortifications of such Places, as were rais'd, augmented or alter'd after the same man∣ner, do belong of Right to the Empire without all di∣spute. Not to say, that they may be look'd upon as a small Recompence of the Losses which it has suffer'd.

Article XIII.

The Elector Palatine shall be resettled in the Possession of the Palatinate, as his Predecessors have enjoy'd it since the Peace of Westphalia: and the Dutchess of Orleans her Majesty's Sister-in-Law, shall be put into possession of all the Rights, Terri∣tories,

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and Effects, which belong'd to her as Hei∣ress of the late Electors Palatine her Father and Brother, according to the Laws and Constitutions of the Empire.

Answer to Article XIII.

Since the Daughters of the Palatinate (by the Golden Bulls of Charles IV. and Sigismund; by the Investi∣tures of Emperors and others; by the common Feudal Rights; by the Wills of Predecessors; by the Agreements pass'd and sworn to between the Palatinate Families of the Branch of Bavaria, of the Electorate, of Simme∣ren, of Newburgh, and of Deux Ponts, sworn to and ratified particularly by the Treaty of Westphalia; by the mutual Substitutions of the Males of the Palati∣nate; by the Agreements concluded between the Palati∣nate, and the House of Baden; by the Advice and Mediation of the Counts of Sponheim, concerning the mutual Succession between the Male-Heirs of the Coun∣ty of Sponheim; by the Renunciations of the Daughters of the Palatinate, to the making of which they were always oblig'd, and in Justice are supposed to have made, without any reserve of their Right to the Jewels or Money, unless in Case the Fa∣mily of the Palatinate be extinct; and lastly by a per∣petual Custom of force in that Family for several Ages together, and founded on a great many Examples both Ancient and Modern) were excluded (upon Condition of a fixed Dowry, which the Father cannot augment) from all Succession to Moveables or Immoveables: and since likewise the most Serene Dutchess of Orleans, by and with the Consent of the Duke her Husband, and of the most Christian King, has solemnly made these Renuncia∣tions three or four times, according to the Custom of the House Palatine; and since the Elector Philip William, for peace and quietness sake has already granted her, be∣side her Dowry, more than ever has been, or could in

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justice be granted to any Daughter of the House Palatine; she can have no Right or Title to the Revenues or Sub∣jects possess'd by the Electors her Father and Brother, and which are devolved to the present Elector Palatine. No body that knows any thing of the Affairs of the Palati∣nate or of Germany, or who is minded to cast but the least Eye on the Genealogical Tables of the Palatinate House, can question any of these things. However, for the avoiding all manner of Suspicion, and that the Rights of the most Serene Dutchess may not in the least be diminish'd, nor those of the House Palatine, in which every Branch thereof is concern'd, be inhanc'd, it is ab∣solutely necessary to cancel and abolish all manner of Pre∣tensions that may be advanc'd against this House, of what Nature soever they be, and to resettle the said House Palatine, according to the Articles of the Peace of Westphalia, as contain'd in the ensuing Article. Besides, the Elector Palatine is not so far wedded to his own private Interest, to which he has always preferr'd that of the Publick, that though he has fuffer'd infi∣nite Losses, yet he is willing for the Publick Good, and for the particular Respect which he bears to his most Christian Majesty to wave his Pretensions, and to a∣gree upon moderate Terms, as to what concerns the Quan∣tum.

The Article relating to the Palatinate.

The most Christian King shall restore to the whole House Palatine all the States which he is possess'd of be∣longing to that House, either separately or conjunctly with others, more particularly the Town and Prefecture of Germersheim, with the Provostships and Sub-Prefectures therein comprehended, with all the Fortres∣ses, Towns, Burroughs, Villages, Hamlets, Fiefs and Rights, in such manner as they were possess'd by

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the said House, and restor'd thereto by the Peace of Westphalia, with all the Writings and Precepts taken from the Archives, Chancellor's Court, Feudal Court, Chamber of Accounts, Prefectures, or any other Offices belonging to the Palatinate, no Place, Matter, Right, or Decree excepted, annulling all manner of Pretensions which may be made by France, or by the Dutchess of Orleans and her Heirs. Satisfaction shall be likewise made to the said Elector, for the Revenues withheld or taken away, and for all the Losses he has sustain'd, about which a separate Agreement shall be made.

Article XIV.

The Treaty concluded between his most Chri∣stian Majesty, and the Duke Savoy, in the year 1696. shall be comprehended in this Treaty of Peace, as if it were inserted herein word for word.

Answer to Article XIV.

His Imperial Majesty, for the Kindness and Affecti∣on which he bears to the most Serene House of Savoy, has already promis'd, that he will confirm by this Peace, and comprehends therein, as well whatsoever is contain'd in the Treaty of Munster and Nimeguen in favour of that Family, as what has been concluded in the Treaty last made between the most Christian King and the Duke of Savoy, and the Restitution of Pignerol, and its Dependencies, the Ancient Right of the Empire being still establish'd and confirm'd.

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Article XV.

The Cardinal of Furstemberg shall be re-settled in all his Estates, Rights, Priviledges, Dignities and Prerogatives of a Prince and Member of the Em∣pire, as well by virtue of his Bishoprick of Stras∣burgh, as by virtue of his Abbey and Principa∣lity of Stavelo: and there shall be a general Obli∣vion of all things that may have been decreed a∣gainst his Person and Servants, and neither he nor his Heirs, shall directly or indirectly be call'd to an account for the Succession of the late Elector of Cologn, nor upon any other pretence whatso∣ever.

Article XVI.

The Canons and Prebendaries of the Chapter of Cologn, who have been depriv'd of their Pre∣bends or Dignities, for adhering to the said Car∣dinal of Furstemberg, shall likewise have the Benefit of the aforesaid Indemnity: and be restor'd to the Possession of their Benefices, Dignities and E∣states, without any Molestation whatsoever.

Answer to Article XV. and XVI.

It has been already often declar'd, that as all the States of the Empire, so particularly the Bishop and Bi∣shoprick of Strasburgh, with the Town of the same name, and others mention'd in the 87th Section of the Treaty of Munster, viz. the Bishop of Basil, the Ab∣bots of Murbach and Luders, the Abbess of Andlaw, the Monastery in the Vale of S. Gregory, of the Order of S. Benedict, the Princes Palatinate, Counts and Ba∣rons of Hanault, Fleckensteim, Obersteim, and the

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Nobless of all the Lower Alsace, together with the Ten Imperial Cities, as has been mention'd in the third and following Articles, shall be restor'd to all the Places, Rights, Liberty, and Possession of immediate Dependence on the Empire, which they formerly enjoy'd, annulling all Acts made to the contrary, except the Imperial De∣cree of December 9. 1689. granted to the Town of Zellen am Hammersbach upon the account of the Val∣ley of Hammersbach, the which Decree shall remain in its full force. The same is to be understood with re∣spect to the Abbey of Stavelo. Bus as to the Heredita∣ry Right of the Elector Maximilian Henry which is seiz'd upon, the Opinion of those who are interested therein is to be attended, and afterwards immediatly de∣clar'd. These Matters being adjusted, if hereafter due respect be paid to the Laws of the Empire, as well Car∣dinal Furstemberg and his Domesticks, as the Canons and other Members of the Chapter of Cologn, who have espoused his Interest, shall have the benefit of the foresaid Amnesty, without prejudice however to what shall be explain'd concerning Ecclesiastical Benefices, in the ensu∣ing Paragraph, which is agreeable to the 28th and 29th Articles of the Project of Peace deliver'd in by the French, and which may be plac'd after the Article of Restitution, at the beginning of the Article of Amnesty drawn up in these Terms.

If notwithstanding the said Ecclesiastical and Catho∣lick Benefices, mediate or immediate, have been collated on fit and capable Persons, by either Party, in the Pla∣ces or Dominions, which were then subject to them, ac∣cording to the Rule of their Primitive Institution, and conformably to the lawful Statutes, general or particu∣lar, made by their Subjects, the said Benefices shall re∣main in the Possession of the new Incumbents, as well as those Ecclesiastical and Catholick Benefices, which have been collated after the same manner before the present

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War, in the places which are to be restor'd by the present Treaty; so that they may and shall not be troubled or molested by any Person whatsoever in the possession and lawful administration of the same, nor in the receiving the Profits thereof: nor shall they upon this account, nor for any other cause past or present, be summon'd or ci∣ted, or any ways disturb'd or molested; provided al∣ways that they discharge the Offices incumbent upon them on the account of the said Benefices.

Article XVII.

And whereas the Peace of Nimeguen is to be the Basis of this present Treaty, and whereas his most Christian Majesty is willing to observe the said Treaty in its full force with respect to his Catho∣lick Majesty: His Majesty therefore consents to settle all things in the same state wherein they were settled by the said Treaty, renouncing the Advan∣tages which his Arms have acquir'd during this War. To this effect his Majesty agrees to restore to his Catholick Majesty the Town of Mons as it now is, with all its Dependencies, such as they were before it was conquer'd by his Majesty: and the Town of Charleroy in the state wherein it now is, with all its Dependencies; as likewise the Town of Courtray upon the same Conditions. And for the greater proof of the Sincerity of his Majesties Intentions for a Peace, and the entire Re-establish∣ment of the Treaty of Nimeguen, his said Majesty is willing to restore to the King of Spain the Town of Aeth, tho' taken by his Forces since the opening of the Conferences for the Peace.

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Article XVIII.

His Majesty likewise promises to restore to Spain the Towns of Roses, Gironne and Belver in Catalonia, in the same state they were in when taken by his Majesty's Forces.

Article XIX.

The most Christian King will likewise re∣store to his Catholick Majesty the Town of Luxemburgh in the Con∣dition it now is, with the Dutchy of that name, and the County of Chiny.

Article XIX.

Although the Treaty of Nimeguen is to be the Basis and Foundation of this, and accordingly the Town and Dutchy of Luxemburgh, and the County of Chiny ought to be restor'd by virtue of the said Treaty, to the Catholick King, yet by common consent it has been agreed to recede from the same, by the present Article: therefore by the present Treaty his Ca∣tholick Majesty yields and makes over to his most Christian Majesty the Town and Dutchy of Lux∣emburgh, the County of Chiny, and in general all that has ever been included in the said Dutchy and Province of Luxemburgh, to be enjoy'd by his Majesty with all Right of Soveraignty: And in exchange of the said Town and Dutchy of Luxem∣burgh, the most Christian King yields and makes over to his Catholick Majesty the Towns of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . with the same Rights of Soveraignty which he ac∣quired by the Treaty of Nimeguen; of which his Catholick Majesty shall enjoy, &c.

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Article XX.

Whereas since the Treaty of Peace concluded at Nimeguen, several Reunions of Villages, Towns, &c. situated in the Dominions of the King of Spain, have been made by Order of the most Christian King; it is hereby agreed, that all such Re-unions made since the said Treaty of Nimeguen, shall be absolutely repeal'd and made void; and that the said Villages, &c. shall be restor'd to to his Catho∣lick Majesty to enjoy the same, as he did before the said Re-unions.

Article XXI.

But whereas by the Fifteenth Article of the Treaty of Nimeguen, it was agreed to appoint Com∣missioners on both sides, to settle the Limits of the States and Dominions, which were to remain to his most Christian Majesty, and to the King of Spain in the Netherlands, as also to agree about all other Difficulties that might arise upon account of the Villages situated in these Countries, which were then yielded to, or formerly enjoy'd by the most Christian King; and whereas Commissioners be∣ing accordingly appointed on both sides to put the said Articles in Execution, the Conferences which they had begun were interrupted by the Troubles and Wars that have since happen'd: it is now ex∣presly agreed, that in Execution of the Fourteenth, Fifteenth and Sixteenth Articles of the Treaty of Nimeguen, Commissioners shall be appointed on both sides, two Months after the Publication of the present Treaty, to regulate all the Matters con∣tain'd in the said Articles.

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Article XXII.

But in Case the said Commissioners cannot agree about fixing the said Limits and other Points, their said most Christian and Catholick Majesties do hereby agree to refer it to the Determination and Arbitration of the States General of the United Provinces.

Answer to Article XVII. and the Five following.

'Tis reasonable to leave the Discussing of what relates to the Affairs of his Catholick Majesty to their Excellen∣cies the Ambassadors of Spain. However, they parti∣cularly insist upon the promis'd Restitution of the Town and Dutchy of Luxemberg, and the County of Chiny; and very strenuously oppose all manner of Treaty, and so much as the bare mention of Surrendring the said States, always reserving the Right of his Imperial Majesty the Empire, and the States dependent thereon.

Article XXIII.

Whereas the Town and Castle of Dinant have been in the Possession of the Forces of his most Christian Majesty, both before and during the present War, his Majesty is willing to restore them to the Bishop and Prince of Liege, upon Condition that the new Fortifications made by his. Orders be raz'd; and the said Town and Castle shall be re∣stor'd to the said Bishop of Liege in the same state wherein they were, before they were taken by his Majesty's Forces.

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Answer to Article XXIII.

Whereas the Town and Castle of Dinant are compre∣hended in the Dependencies of the Empire, the Restituti∣on thereof ought to be wholly made according to the Third and Fourth Articles before-mention'd, to which Articles it ought to be referr'd. The Restitution likewise of the Dutchy of Bullogn ought to be added thereto, and to ex∣ecute the other Matters which the moct Serene Elector of Cologn, or the Bishop of Liege has express'd in the fol∣lowing Article.

The Prince and Church of Liege shall be restor'd to their most ancient Possession and Propriety continu'd to them for near Six Centuries together, and confirm'd by the Peace of Cambray in the years 1529, and 1559, of the Castle, Town, and Dutchy of Bullogn, with all their Appurtenances and Dependencies: and the most Christian King shall restore the said Castle, Town, and Dutchy to the Prince and Church of Liege, within _____ _____ days after the Ratification of this present Treaty, in the same Condition wherein they are at present, with all the Decrees and Precepts, Artillery and Ammunition, with∣out demolishing the Walls, Houses, or Fortifications, and without pretending to any Restitution to be made for any Charges they have been at upon any account whatsoever. And also the Article inserted in the Treaty of Nimiguen, without the Consent and Approbation of the said Prince and Chapter of Liege, shall be look'd upon as not in∣serted, and shall be of no force or virtue for the future to diminish the Right, Property or Possession of the said Prince and Church of Liege, with respect to the said Castle, Town and Dutchy. In like manner the Castle and Town of Dinant, with all its Rights, Appurtenan∣ces and Dependencies, shall be faithfully restor'd to the said Prince and Church of Liege within _____ _____ days af∣ter

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the Ratification of the present Treaty, without demo∣lishing any Houses, Fortifications or Walls, and without ex∣acting any thing for Charges, Reparations, or any Ex∣pences whatsoever, with all the Writings, Decrees, Ar∣tillery and Ammunition which were therein when taken by the French: nor shall his most Christian Majesty have or pretend any Right or Claim to the said Castle, Town, and its Dependencies upon any account or reason whatsoever, but the whole shall be fully and entirely re∣mitted to the Bishoprick of Liege. In like manner the said Prince and Church of Liege shall remain in the Pos∣session of all Towns, Lordships, Castles, Villages, Pla∣ces, Territories, Dependencies, Rights, Pretensions, Juris∣dictions, Profits and Revenues, and the whole shall be re∣stor'd in the same Condition, as the said Church formerly possess'd it, within _____ _____ days after the Ratification of the present Treaty. He shall restore to them expresly by name the Places specified in a List or Separate Article; and in general all others, which are contain'd under the Name and Title of Places, Territories, Jurisdictions, Proprieties, Possessions, Rights, Profits and Revenues, and which have been possess'd by the most Christian King, by force of Arms, or by virtue of the Re-unions of the Chamber of Metz, or otherwise in what nature soever. Moreover the said King shall take care to indemnifie the Prince, Chapter, and his other Private Subjects, for their Goods confiscated within the Territories of Liege, and shall not exact the Remainder of the Contributions of the present War.

Article XXIV.

All the Provisions, Ammunitions, and Artillery that shall be found in the Places which are to be restor'd to the King of Spain, or demolish'd, shall be taken away by his most Christian Majesty.

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Article XXV.

It is also agreed that the Collection of all Du∣ties, which the said most Christian King is in pos∣session of, in all those Dominions which he restores to the Catholick King by virtue of this Treaty, shall be continu'd to him, till the very day, where∣on these Countries are depending, shall be actually restor'd; and the Arrears which shall be due at the time of the said Restitution, shall be paid bonâ fide to the Farmers of the said Duties. It is likewise agreed, that the Proprietors of the Forests that have been confiscated in the Dependencies of the Places to be restor'd to his Catholick Majesty, shall be re∣stor'd to the Possession of the same, and of all the Timber that shall be found upon the Spot. It be∣ing to be understood, that after signing of this pre∣sent Treaty, it shall not be lawful on either side to destroy the said Forests, or to Fell any Trees.

Article XXVI.

All Papers, Letters, and Precepts concerning the Countries, Lands and Lordships, which are to be surrendred and restor'd by the present Treaty, shall be faithfully restor'd on both sides, within three Months after the Exchanging of this present Trea∣ty, in what Places soever those Papers and Precepts may be found.

Answer to Article XXVI.

Besides what is contain'd already in any other Arti∣cles, care shall be taken with respect to Germany in

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general, that France immediately after the Ratificati∣on of the Peace, shall restore the Writings and Decrees, relating to the places which ought to be restor'd to the Emperor and Empire, or which do otherwise belong to his Imperial Majesty, or to the States of the Empire; and particularly such as are detain'd at Friburgh, or have been remov'd thence, as well as from the Cham∣ber and Town of Spires, the County of Leininghen, or other places hereafter to be specified; without preju∣dice to the other Things, which shall or may be propos'd hereafter with respect to the Chamber of Spires.

Article XXVII.

All the Subjects on both sides, both Ecclesiastical and Secular, shall be restor'd, as well to the Pos∣session of the Honours, Dignities, or Benefices, which they enjoy'd before, and of which they were dispossess'd by the present War, as of their Real and Personal Estates, that have been seiz'd and pos∣sess'd upon account of this War; as also to their Rights, Actions and Successions, that have faln to them since the beginning of the said War, without exacting or pretending to demand the Fruits and Revenues arising from the said Estates, to the time of the publication of the present Treaty.

Article XXVIII, and XXIX.

Those two Articles, which are the 24th and 25th of the Treaty of Nimiguen, being common to all Treaties, relate only to such Benefices as have been collated to any Person during the present War; and therefore those on whom such Benefices have been conferr'd since this War, shall be confirm'd in the Possession of the same.

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Article XXX.

The Catholick King shall restore to the Duke of Parma the Fort and Island of Ponza, which he has taken from the said Prince during this present War.

Article XXXI.

And whereas by the present Treaty, a good, firm and inviolable Peace is establish'd between his most Christian Majesty, and the Catholick King, and the Lords States General of the United Nether∣lands, both by Sea and Land, through all their Kingdoms, Countries, Territories, Provinces and Dominions, and that all Acts of Hostility are to cease for the future, it is stipulated by the present Treaty, that all Prizes that shall be made on either side in the Baltick Sea, or the Northern Ocean, from Newfoundland to the Channel, from and after the space of four Weeks after the Publication of this Peace; or from the Channel to the Cape of S. Vincent six Weeks after the same; from the said Cape into the Mediterranean and to the Line, ten Weeks after the same; and beyond the Line, in all parts of the World, eight Months after the Publication of the said Peace, the said Prizes, taken after the prefix'd Times, shall be allow'd void, and return'd to the true Owners on either side, with full Satisfaction for the Damages and Losses sustain'd thereby.

Article XXXII.

If any Places, Countries, or Colonies have been taken by the Arms of the most Christian King, up∣on

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the Coasts of Africa, or in the East or West Indies: or if the States General have taken any Places, Countries, or Colonies belonging to his most Christian Majesty, all such Conquests shall be restor'd on both sides in the same Condition they were in, before they were taken.

Article XXXIII.

All Prisoners of War taken by the Forces of the Emperor and of his Allies, and by those of his most Christian Majesty, and are still detain'd, shall be releas'd without any Ransom, after the Ratificati∣ons are exchang'd.

Article XXXIV.

And whereas their Majesties, and the Lords States General, do acknowledge the Good Offices and Care, which the most Serene King of Sweden has us'd to procure the Peace and Publick Tran∣quility, it is on both sides agreed, that his Swe∣dish Majesty, his Kingdoms and States, be especi∣ally and by name comprehended in the present Treaty, in the best manner and form that the same may be done.

Article XXXV.

All such as shall be nam'd by common Consent of both Parties, before or within six Months after the Ratifications of the Treaty are exchang'd, shall be comprehended in this present Treaty.

Article XXXVI.

Their said Majesties and the Lords States Gene∣ral do agree, that his Swedish Majesty as Mediator, and all other Kings, Princes and Republicks may

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give their Guarantee to their said Majesties, and the said Lords States General, for the Exemption of all and every particular Article contain'd in this pre∣sent Treaty.

Answer to Article XXXIII, XXXIV, XXXV, and XXXVI.

It will be easie to agree to what is contain'd in these Articles, when once the Articles of the Treaty of Peace between the Emperor and France are adjusted. But for the preventing all farther Contests, and all occasions of molesting the Subjects on either side, 'tis not only requi∣site to put a stop to the Contributions rais'd upon the Subjects on both sides from the day of signing the Peace; but 'tis likewise necessary absolutely and entirely to dis∣annul all Pretensions upon the account of Contributions, which remain still unpaid, all Hostages given or taken upon that account being immediately restor'd gratis, in the same manner as the Prisoners on either side are to be restor'd without Ransom.

Article XXXVII.

There is Liberty left and reserv'd to add any other Articles, in Case of any Omission, whe∣ther they relate to any General Affairs, or to any Particular Pretensions to be adjusted in this Gene∣ral Peace.

Deliver'd to his Excellency the Mediator Ju∣ly 20. 1697.

Signed,

  • D. Harlay Bouneuil. (Place for the Seal.)
  • Verjus de Crecy. (Place for the Seal.)
  • De Caillieres. (Place for the Seal.)

Concordare Vidi. N. Lillienroot.

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Answer to the last Article.

In the Instrument of the Treaty of Peace beeween the Emperor and France, 'tis requisite likewise to insert in their proper place the following Articles.

Francis Lewis Prince Palatine, Grand Master of the Teutonick Order, and Bishop of Wormes, shall be ful∣ly restor'd to the Commendams, Places, Subjects, and Revenues, which have been taken from him by France, and which have anciently been possess'd by the said Order, or by the said Bishop of Wormes and other Churches, with all their Rights and Priviledges; without infring∣ing the other Rights, which shall be the same to him as to the other States of the Empire; not shall he or his Successors be any ways molested in the Use and Exercise of the said Rights and Revenues; much less shall any thing that has been done, attempted, or hitherto said to the contrary, upon any account whatsoever, turn to his pre∣judice. As for what concerns the Satisfaction for Dama∣ges sustain'd, such things shall be perform'd as are con∣tain'd in a particular Article.

The House of Wirtemberg, and expresly Duke George of the Branch of Montbeliard, shall be absolutely re∣stor'd in behalf of himself and his Successors, with all his Rights, to all and every his Demeans situated in Al∣sace or elsewhere, and to the State, Rights and Prero∣gatives, and especially to his immediate Dependence on the Sacred Roman Empire, which he formerly enjoy'd, and which the other Princes of the Empire do or ought to enjoy, for ever annulling the paying or acknowledging any Homage to the Crown of France, which was made for a time in the year 1681. And the said Princes shall henceforward freely enjoy all the Revenues belonging to them, whether Secular or Ecclesiastical, which they were in possession of before the Troubles, or which they ought to

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have enjoy'd by virtue of the Peace of Westphalia: together with the Fiefs which have been granted in their behalf since the time of their being detain'd by France, and which they have not surrender'd to others, such as are the Fiefs, which the Counts of Rappolstein, and which the Lords of Rathsamhauson have recogniz'd in the County of Harburgh, and others such like. In like manner they shall be restor'd to the full and entire Posses∣sion, as well of their Fiefs in Burgundy, Granges, Clereval, Passerant, Hericourt, Blamont, Chate∣lot and Clermont, as of their Territories, with all the Rights and Revenues which they formerly possessed, annul∣ling and absolutely rejecting all that may be done or pre∣tended upon any account whatsoever to the contrary. As to Duke Everhard Lewis, for the Losses he has suffer'd, as well during the present War, as before the Declaration thereof, contrary to particular Treaties, such Satisfaction shall be made him, as is express'd in a Separate Article.

After these particular Restitutions 'tis requisite to add farther in general:

By the Restitution or Surrendring of Places, Persons, Things, or Rights, made by France pursuant to this Trea∣ty of Peace, 'tis not to be understood that any new Right or Priviledge is acquir'd against others; But to the Em∣pire in general, and to each State in particular, and to all others, except France, are reserv'd all Rights, Pretensions, Actions and Exceptions, which belong'd to them on both sides, before their Destitution, and which are not expresly limited, or entirely null'd by the present Treaty; the which shall remain in their full force after Restitution made, which therefore ought not to be delay'd; and which are to be propos'd, examin'd, and decided in their proper place.

'Tis requisite likewise to insert the following Ar∣ticle upon the Subject of the Fiefs of the Empire which are situated in Italy.

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It shall not be lawful for France, either voluntarily, or by the sollicitation of others, either directly or indirectly, to innovate any thing in the Fiefs of the Empire, and other Rights of which it is in possession in Italy; or to invert the Order of Succession in them, or to assist any others who design to make any Innovation or Interruption there∣in: But all the Rights which at present belong, or have, before they were seiz'd, belong'd to the Emperor or Empire in general, or to all the Feudatories and Vassals, both pre∣sent and to come, who may succeed according to the Im∣perial Grants, in such places as are either restor'd, or to be restor'd by France, as also in such as France have not taken, shall be left in their entire Force, and never be di∣sturb'd or molested by France.

To conclude, the Emperor and Empire reserve to them∣selves the same Priviledge, as France has reserv'd in the last Clause, provided always that a proper Answer may be given to all other Propositions that may be offer'd by the French Ambassadors.

Deliver'd to his Excellency the Mediator, Aug. 5. 1697.

Sign'd,

  • A. D. C. de Caunitz. (Place for the Seal.)
  • Henry C. de Straatman. (Place for the Seal.)
  • J. F. L. B. de Seilern. (Place for the Seal.)

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