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, [Page 4]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 [Page 5]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 [Page 6]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 their former State, in respect to Honour and Goods, as it was before the War began; excepting in those things, which upon account of Ecclesiastical Benefices, Moveables and Incomes, are particularly specified in the following Articles.
III. And for as much as the Peace of Westphalia and Nimeguen, is to be the Basis and Foundation of the present Peace; the same shall forthwith, after the exchange of the Ratifications, be fully restored and Executed both in Sacred and Civil Matters, and hereafter be preserved inviolable, saving in such Points as derogate from them expresly in the present Treaty.
IV. In the first place, his most Christian Majesty doth restore to his Imperial Majesty and the Empire, and to the States and Members thereof, whatever places and Jurisdictions that have been taken, as well during the War by way of Fact, as by the Name of Unions and Re-unions which are situated without Alsatia, or whatever have been exprest in the Inventory [Page 7]of Re-unions exhibited by the French Embassador, revoking and making void all the Decrees, Arrests, and Declarations, which upon that account have been put forth by the Chamber of Metz, and Besançon, as also by the Council of Brisac; and all things to be restored into the same Condition they were in before those Seizures, Unions, and Re-unions were made, and at no time hereafter to be disturbed, or molested, but that the Roman Catholick Religion do remain in these Places thus restored, in the same state it is now in.
V. And tho' from these general Rules it may be easily judged what Places they are, and how far the things that are to be restored do extend, yet at the instances of some, and for some other particular Reasons, it has been thought fit to make special mention of some things; but yet in such a manner, that those that are not expresly named, are not to be taken as left out, but to have the same place altogether with the others named, and to enjoy the same Right.
VI. The City of Treves shall be Restored to the Elector of that Name, and Bishop of Spires, in the same state it is in at present, without any farther demolishing of Places, or any detriment done to either publick or private Buildings, together with the Artillery that was found therein, at the time it was last taken. And that all that hath been agreed on in respect to Seizures, Unions, and Re-unions in the Fourth Article preceeding, ought also to be esteemed to extend to the benefit of the Churches of Triers and Spire, as if particularly specified.
VII. The Elector of Brandenburg also shall enjoy all the benefits of this Peace, and be fully comprehended in it, with all his Dominions, Possessions, Subjects, and Rights, and those by name which belong to him, by vertue of the Treaty Concluded on the 29th of June, in the Year 1679. as if each Particular had been specified herein.
VIII. The most Christian King shall restore to the Elector Palatine of the Rhine all his Dominions possest by him, whether they appertain to him alone, or in common with others, however denominated, especially the City and Prefecture of Germersheim, and the Prefectures and Subprefectures comprehended therein, with all the Castles, Cities, Towns, Villages, Lands, Feudships and Rights, as they were restored by the Treaty of Westphalia; as also all the Writings or Records taken out of the Archive, Chancery, Foeudal Court, Chamber of Accounts, Prefectures, and other Palatine Offices that have been taken away, without exception of any Place, Thing, Right, or Record. And as to what concerns the Rights or Pretensions of the Dutchess of Orleans, 'tis agreed, after the above-mentioned Restitution be first made, that the thing be decided according to the form Compromised between his Imperial and most Christian Majesty, as Arbitrators in the Matter, according to the Laws and Constitutions of the Empire; but if they shall not be able to agree it, then the same shall be left to the Arbitration of the Pope: But that in the mean time there be no less endeavour used to procure an amicable Agreement between the Parties; and until the said Matter be fully decided, that there be the yearly Summ of two hundred thousand Livres, or an hundred thousand Florins paid by the said Elector to the Dutchess of Orleans, upon that account and condition, as the same is exprest in a particular Article, of the same force with the present Peace; reserving every way at the same time the right of each Party, as well in the possessed as sued-for part, as also the Rights of the Empire.
IX. The Ancient Dutchy of Deuxponts shall be Restored freely and wholly to the most Serene King of Suedeland, as Count Palatine of the Rhine, Count of Spanheme, and Veldenz, with all its Appurtenances and Dependances, and with those Rights that the Predecessors of his Swedish Majesty, the Count Palatines, and Dukes of Deuxponts have enjoy'd, or could have enjoy'd, according to the Tenour of the Westphalian Treaty; so that all things under what Title soever pretended to, possessed, and re-united by the Crown of France hitherto, either in whole or in part of the said Dutchy, shall return in full right to his [Page 9] Swedish Majesty, and his Heirs the Counts Palatines of the Rhine. All Records also belonging to the said Dutchy shall be restored, together with the Artillery that were found in the same at the time it was first possest by France, and all other things concerning which it has been agreed upon in the preceeding Articles, in favour of things to be Restored.
X. As for the Principality of Veldenz, and what the deceased Prince Leopold Lodowick Count Palatine of the Rhine possest under the name of the said Principality, or the Principality of Lautereccen, they shall be restored as far as the fourth Section; and the Inventory exhibited by the French Embassage, reserving still entire, the pretensions as well of the possessed as suing Party.
XI. France shall also fully restore to the Grand Master of the Teutonick Order, and Bishop of Worms, Prince Francis Lodowick Palatine, all the Commendums Consecrated to or Possest by that Noble Order, Places, Profits, and Rights; and the said Order shall enjoy, in respect to the Commendums, and other Goods scituated under the French Dominion, as well upon account of Collation as Administration, the same Usages, Priviledges and Immunities which they have enjoy'd heretofore, according to the Rules and Statutes of the Order, and what the Order of St. John of Jerusalem was wont to enjoy.
XII. The City and Castle of Dinant shall be restored to the Elector of Cologne, as Bishop and Prince of Liege, in the same state wherein it was, when assumed into the hands of France, with all its Rights and and Dependances, as also Canons and Records found at that time therein. And moreover, all that is comprehended in the Fourth Article, concerning Seizures, Unions, and Re-unions, are esteemed in a particular manner, to extend to the advantage of the Churches of Cologne and Liege.
XIII. As for the House of Wirtemburg, and particularly Duke George, the Principality or Countrey of Mompelgard shall be restored to him, for himself and Successors, in the same state, with the same Rights and Prerogatives; and especially into the same immediety towards the Sacred Roman Empire, as heretofore he has enjoy▪d it, and as the rest of the Princes of the Empire do, or ought to enjoy it; that Recognition of Vassalage that has been made to the Crown of France in the Year 1681. being utterly annulled hereby. And the said Princes shall from henceforth freely enjoy all the Profits both Secular and [Page 10]Ecclesiastical appertaining to the same, which they enjoyed before the Peace of Nimeguen, as well as the Feudships, which during the time of the French's detention of them, or at any other time, did belong, and had not been granted by them to others, excepting the Countrey of Baldenheim, with its Appurtenances, which the most Christian King hath bestowed upon Monsieur de Chamlay, Camp-Master General, and which ought to remain firm to him, but yet so, as he is obliged to do homage to the Duke of Wirtemburg, as his direct Lord, and to his Successors; and to seek the renewing of his Feudship at his hands. They shall be restored also into the full and free possession both of their Feudships in Burgundy, Clerevall, and Passavant, as also of their Dynasties, or Lordships of Granges, Herricourt, Blamont, Chatelot, and Clemont, and of the rest that are situated in the County of Burgundy, and Principality of Montpelgard, together with all their Rights and Incomes, in the very same manner as they possest them before the Peace at Nimeguen; all those things being utterly abolished which were done, or pretended to at any time, by what Title any way distinguished, and in any manner whatsoever to the contrary.
XIV. The House or Marquisate of Baden shall also enjoy all the Right and Benefit of this Peace, and at the same time of the Peace of Westphalia, and Nimeguen; but more especially the Fourth and Fifth Articles of this Treaty.
XV. In the same manner the Princes and Counts of Nassaw, Hanaw, and Leinigen, and all the other States of the Sacred Roman Empire, who by the Fourth Article of this Treaty, or any other, are to be restored, shall be re-posiest in all and singular their Dominions or Rights, and in all the Profits belonging to and Incomes arising from them, and in all other Rights and Benefits, by what name soever called, or distinguished.
XVI. But seeing for the better Establishment of this Peace, it has been thought fit to make an Exchange of some Places, his Imperial Majesty and the Empire, yield up to the most Christian King and his Successors, the City of Strasburg, and whatever belongs to the said City, on the left side of the Rhine, with all the Jurisdiction, Propriety, and Supream Dominion which hath hitherto appertained, or could appertain to him and the Roman Empire, and transfer all and singular of them to the most Christian King and his Successors, so that the said City, with all its Appurtenances and Dependencies situated on the left side of the Rhine, without any reservation, with all manner of Jurisdiction and [Page 11]Superiority and Supream Dominion, do appertain from this time and for ever, to the most Christian King, and his Successors, and be understood to be incorporated with the Crown of France, without any contradiction from the Emperour, Empire or any other whatever; and for the greater validity of this Cession or alienation; the Emperour and the Empire, by vertue of the present transaction expresly derogate from all and singular the Decrees, Constitutions, Statutes and Customs of the preceding Emperours, and the Sacred Roman Empire, tho confirmed by Oath, or to be Confirmed hereafter, and particularly from the Imperial Capitulation, so fas forth as any manner of alienation of the Goods and Rights of the Empire is prohibited; all which they expresly renounce, and discharge the said City, with all the Magistrates, Officials, Citizens and Subjects thereof, from the Oaths and Obligations by which they have been hitherto bound to the Emperour and the Empire, and remit the same under the subjection, obedience and fidelity of the most Christian King, and his Successors, and so constitute the most Christian King in the full and just Propriety, Possession and Sovereignty thereof, and renounce all Jurisdictions and pretentions in the same from henceforth and for ever; and to that end are pleased to expunge the said City of Strasburgh out of the Body of the Empire.
XVII. But it shall be free to all and singular the Inhabitants of the said City and its dependancies, of whatever condition they be; if they are minded to remove, to transfer their Dwellings from thence elsewhere, together with all their moveable Goods, without any let, detraction, or exacting any thing from them, within one Year after the Ratification of this Peace, and after five Years, having first performed the Conditions that have long since been in usage there; and either to sell or retain their moveables, and to manage the same either by themselves or others. The same Power also of retaining, and either by themselves or others, of managing or alienating them, shall remain to all the other Members or Subjects, whether mediate or immediate of the Empire, who have Goods, Profits, Debts, Actions, or Rights in the said City, or its appurtenances, whether they have always retained them, Or that during the War, or before it, they have been Confiscated or taken away, and granted to others, by what Name soever called, or wheresoever they may live, reserving still the Ecclesiastical Jurisdiction to those to whom of old it did belong, which Jurisdiction, or the exercise thereof, it shall be never lawful to obstruct.
XVIII. On the other hand his most Christian Majesty shall restore the Fort of Kehl built by him on the right side of the Rhine whole, together [Page 12]with all its Rights and Dependencies, within Thirty days after the Ratification of this Treaty; but for the Fort called the Pile, and the rest of them that have been built within the Rhine it self, or any of its Islands, they shall be rased down to the ground, within one Month after, or sooner, if it can be, at the Charge of the Most Christian King, and never to be re-built by neither Party hereafter; and the Navigation of the River, or other Use thereof, shall be alike free to the Subjècts of both Parties, or to any other that will repair thither, Sail, or carry Goods thereon; neither shall there be any thing done by either party there, or any where else towards turning the River, whereby to render the Course thereof, or its Navigation, or other Use, the more difficult upon any account whatsoever, much less shall any new Customs, Impost, or Toll be exacted, or the old ones increased, or the Ships which pass it to and fro, be forced to come to the one side of the River more than the other, or to unlade their Merchandise and Burdens or take them in; but that always ought to be left to every ones own freedom and liberty.
XIX. His most Christian Majesty doth also give up to his Imperial Majesty, and the most Serene House of Austria, the City and Castle of Friburg, and also the Fort of St. Peter; and the Port called the Star, and whatever other Fortifications that have been a-new erected or repaired there or elsewhere, through the Hercynian Forest, and the other District of the Brisgow in the Condition they are now, without any manner of Demolishing or Impairment, together with the Villages of Lehen, Metzbausen and Kirchzarth, and with all the Rights of the same, as they were yielded to his most Christian Majesty, or possessed or exercised by him; as also the Archives, and all the Writings or Records found there at the same time, of his occupation of them, whether they remain there still, or have been carried elsewhere, with a reservation always of the Rights of the Diocess, and other Rights and Profits of the Bishoprick of Constans.
XX. In like manner, his most Christian Majesty entirely resigns to his Imperial Mujesty, and the House of Austria, the City of Brisac in its present state, with the Granaries, Armories, Fortifications, Works, Walls, Towns, and other publick and private Edifices, with all its dependencies on the right side of the Rhine; those on the West side of the said River, and among the rest, the Fort called the Mortier, being reserved to his most Christian Majesty; but that called the New City, standing on the same left side of the Rhine, as also the Bridge and Fortification built there, in an Island of the Rhine, shall be totally demolish'd and laid flat with the ground, and are never to be rebuilt by either [Page 13]Party at any time; Moreover the same liberty of removing from Brisac, as has been agreed upon in respect to Strasburg, is allowed here as full as if the same were repeated.
XXI. The said Places, Cities, Castles and Forts, with all their Districts, Appurtenances, and Dependencies, given back to his Imperial Majesty by the most Christian King, shall be restored and delivered up without any reservation, exception, or retention, sincerely and without any delay, hindrance or pretence, to those who after the Ratifications of this Peace shall be appointed and particularly deputed from his Imperial Majesty for that end. And for that reason, the French chief Magistrates, Governours and other Officials shall be obliged to evacuate the Places, so as that the said Cities, Castles, Forts and Places, with all their Prerogatives, Profits, Incomes and Emoluments, and whatsoever is comprehended under the same, shall return under the Jurisdiction, actual power, and every way to the Dominion and Soveraingty of his Imperial Majesty, and the House of Austria, and remain in the same at all times, as they have heretofore appertained thereunto, and hitherto been possest by his most Christian Majesty; and no manner of Right or pretensions to the said places, is meant to remain or be reserved to the Crown of France. Moreover nothing shall be required in consideration of the Expences and charges that France has been at, either upon the publick or private Buildings, and the plenary restitution of them shall not be retarded upon any account whatsoever, within Thirty Days after the Ratifications of the Peace, so that the French Garrisons shall forthwith withdraw from thence, without any Trouble, Loss or Oppression of the Citizens and Inhabitants, or of any other of the Subjects of the House of Austria whatsoever, under Title of Debts or other pretensions of any kind; neither shall it be lawful for the French Souldiers, in evacuating of the places, or any other where not belonging to his most Christian Majesty, to make any longer stay, to fix their Stations or Winter Quarters; but be obliged, without delay, to hasten to the proper Dominions of the Crown of France.
XXII. In the same manner Phillipsburg shall be deliver'd up to his Imperial Majesty and the Sacred Roman Empire undamag'd, with the Fortifications adjoining to it on the right side of the Rhine, and all the Cannon that were there the last time it was taken by France; reserving every way the Rights of the Bishop of Spire, and to that end the Fourth Article of the Treaty of Peace at Nimeguen shall be accounted as expresly repeated in this place, but the Fortifications that have been raised on the left side, together with the Bridge built by the most Christian King since his possessing himself of it, shall be destroy'd.
XXIII. The most Christian King, at his own Expences shall be obliged to demolish the Fortifications over against Hunningen, built on the right side and in an Island of the Rhine, the ground, together with the Buildings thereof, to be restored the House of Baden, and the Bridge built there over the Rhine, shall be destroy'd also.
XXIV. In like manner the Fortification that is built on the right side of the Rhine, over against Fort Lovis, shall be destroy'd, the said Fort to remain together with the Island to the most Christian King, but the ground of the demolished Fortification, to be restored to the Marquess of Baden, and part of the Bridge shall also be destroy'd, which reaches thither from the Island, and not repaired hereafter by either Party.
XXV. Besides, the most Christian King is obliged to demolish the Works that have been added to the Castle of Trarback since the Peace of Nimeguen, as also the Fort of Montroyal upon the Moselle, which are to be rebuilt by none hereafter; but the Castle of Trarback is to be left in its former state, and together with the City and its Appurtenances, shall be fully restored to their former Owners.
XXVI. Upon the same account also shall the Fortification, added to the Castle of Kurburg by his most Christian Majesty be demolished, which being done, this Castle with the City of Reinleft, as well as the rest of the Goods belonging to the Prince of Salm and his Kindred, Rheingraues and Wildgraues, as also the Principallity of Salm by name, and the rest shall be restored to them; to be possest by them altogether in the same manner, and with the same Right, as before their Deprivation, and as is agreed in this Peace.
XXVII. The same thing also is agreed upon for the Demolishing of the New Works added to Castle of Eberenburg, by the most Christian King, and the same, with what ever else belongs to them, shall be restored by both Parties to the Barons of Sickingen.
XXVIII. Whereas the Duke of Lorrain has been engag'd with his Imperial Majesty in this War, and would be comprehended in the present Treaty, he shall be restored for himself, Heirs and Successors, into the free and full Possession of their Estates, Places and Goods which his Unkle Duke Charles possest in the Year 1670 (when they were assumed into he Hands of the most Christian King) except such Alteratious as are [...]o be explained in the following Articles.
XXIX. In the first Place, his most Christian Majesty shall restore to the Duke the old and new Citys of Nancy, with all Appurtenances, and with the Cannon that were found in the old City at the time of its falling into the Hands of France, but upon this Condition, that all the Works and Fortifications of the old City shall be left whole, as also the Gates of the new City, whose Works and Fortifications shall, at the Charge of his most Christian Majesty, be levell'd with the Ground, and are to be repaired at no Time thereafter, unless it be that the Duke and his Successors are free to enclose the new City with a single Wall, without any Angles, when ever they please.
XXX. His most Christian Majesty shall also evacuate the Castle of Bitsch, with all its Appurtenances; as also the Castle of Homburg, having first ruined their Works, which are no more to be repaired; but yet so, as that these Castles, and the Towns adjoyning to them be no way damnified, but be preserved altogether unhurt.
XXXI. Moreover, all things agreed on in the fourth Article concerning Unions and Re-unions, shall be so far extended to the Duke, as if they were here repeated Word for Word; where, or which Way soever these Unions on Re-unions have been made.
XXXII. But his most Christian Majesty reserves to himself the Fort of Saar Lovis, with half a League round it, to be marked out by Commissioners appointed by the King and Duke of Lorrain, to be possest by him for ever, with all right of Soveraignty and Supream Dominion.
XXXIII. The City also and Mayoralty of Longwy, together with their Appurtenances and Dependencies, shall, with all Sovereignty and Supreme Dominion, remain under the Custody of the most Christian King, his Heirs and Successors for ever; neither shall the Duke, and his Heirs and Successors pretend any Right unto them for the future: But in Exchange for the said City and Mayoralty, his most Christian Majesty will grant another Prefecture to the said Duke in one of the three Bishopricks, of the same Extent and Value with the others, which shall be fairly agreed on between the same Commissioners; and that same being thus yielded up, and transferred by the most Christian King into the hands of the Duke; both the Duke himself, as well as his Heirs and Successors, shall enjoy it for ever, with all Right of Soveraignty, supreme Dominion and Propriety.
XXXIV. The Country shall always be open to the Kings Souldiers marching to the Frontiers, or returning from thence, without any Let or Hindrance, thro' the Duke's Dominions, he having always timely Notice given him of the same, and that the Souldiers marching do not straggle, nor turn out of their Road, but keep to the common and shortest Way, and make due haste in their March, without any Delay, offering no violence nor Detriment to the Places and Subjects of the Duke, and pay for their Provision with ready Mony, and for other Necessaries to the Duke's Commissioners that are to provide them; abollishing again, and fully restoring the Way and Places under the Power of the Duke, without any Exception, which were reserved to the most Christian King by the Peace of Nimeguen.
XXXV. The Ecclesiastical Benefices, which to the Day of the Present Treaty, have been conferred by the most Christian King, shall be left quietly to the now Possessors, who obtain'd them of his most Christian Majesty.
XXXVI. It has besides been agreed on, that all Processes, Sentences and Decrees, made by the Council, Judges, and other of the most Christian King's Officials, as well between the Dutchy of Lorrain as others, in the time when the most Christian King possest these States, shall take place, and have as full and plenary Effect, as if his now Christian Majesty remained Posser of them, neither shall it be lawful to call the said Decrees into Question, or to annul, or retard and hinder the Execution of them; but it shall be free for the Parties, according to the Order and Disposition of the Laws and Constitutions, to have tecourse to the reviewing of such Acts, but the Sentences are in the mean time to remain in their full Force and Vigour:
XXXVII. The Archives and Records which were kept and taken away from the Treasury of Naney and Barr, and both Chambers of Accounts, and elsewhere, shall be restored forthwith to the Duke, after the Ratification of the Peace.
XXXVIII The Duke may presently after the Ratification of the Peace, send Commissioners into the Dutchy of Lorrain, and Barr, who shall look after his Affairs, administer Justice, take care of the Customs, Salt-Pits, and other Rights belonging to him, settle the Post, and do all other Things which may appertain to the Government, which the Duke at the same time is to take upon him.
XXXIX. As for Imposts and Customs, or the Immunities of them as to Salt, and Wood Carriage, whether by Land or by Water, the same Manner and Custom shall be kept, as was in the Year 1670, without any manner of Innovation.
XL. The Ancient Usage and Liberty of Commerce shall remain between Lorain, and the Jurisdiction of Metz, Toul, and Verdun, and shall be exactly observed for the Benefit of both Sides, for the future.
XLI. In like manner the Agreements made between the most Christian Kings and the Dukes of Lorrain, shall be kept inviolably in their former Force and Vigour.
XLII. It shall be free for the Duke and his Brethren, after the Restitution of them, to prosecute their Right in the ordinary way of Justice, which they affirm to belong to them in divers Cases, notwithstanding the Sentences that may have been past in their Absence, and without their being heard against them.
XLIII. As to those Things which otherwise are not expresly agreed on here, those Matters which are contained in this Treaty especially the Section, The Vassals of both Parties shall be restored, &c. that Section, As soon as the Treaty of Peace, &c. and Section, And as to the Subjects, &c. shall be observed in respect to the Duke, his Dominions, and Subjects, as if they had been particularly specified herein.
XLIV. The Lord Cardinal de Fustemburg shall be Restored to all his Rights, Feudal Goods, Freeholds, Benefices, Honours, and Prerogatives which belong to the Princes and Members of the Sacred Empire, as well upon account of his Bishoprick of Strasburg, on the right side of the Rhine, as of the Abbey of Stavelon, or others, and shall enjoy with his Kindred or Relations who have adhered to him, as also his Domesticks a full Amnesty and Security from all Acts, and Deeds, and whatever Decrees else have been made against him, or them; neither shall he be liable himself, and his Heirs, or his Relations or Kindred, and Domesticks, to be called to an account for the Inheritance of the deceased Elector Maximilian Henry, by the Electors of Cologne, and Bavaria, their Heirs, or any other, As the said Cardinal, his Kindred or Relations, and Domesticks, or any having power from them, shall not be at liberty neither to demand any thing any manner of way of the Electors out of that Inheritance, or for the Legacies left them, or [Page 18]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 [Page 19]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 [Page 20]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 [Page 21]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 [Page 22]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, [Page 23]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 on, by the Emperor and Empire, and the most Christian King, respectively; and to take effectual Care that the Ratifications be within the space of seven Weeks, to be computed from the Day of the signing hereof, or sooner if possible, reciprocally exchanged.
LX. And for the greater Strength and Validity of all Things contained in this Treaty of Peace, as well the Embassadors extraordinary and Plenipotentiaries of his Imperial Majesty, as those of his most Christian Majesty, together with the Plenipotentiaries of the Electors, Princes, and States of the Empire deputed to this end, have subscribed the same with their Hands, and sealed them with their own Seals.
- (L. S.) D. A. C. à Caunitz.
- (L. S.) Henr. C. de Stratman.
- (L. S.) J. F. L. B. à Seilern.
- (L. S.) de Harlay Bonneiiil.
- (L. S.) Verjus de Crecy.
- (L. S.) de Callieres.
- (L. S.) M. Frederic Baron de Scanborn Emb.
- (L. S.) Ignatius Antonius Otten Plenipotentiary.
- (L. S.) Georgius Vilhelmus Moll Plenipotentiary.
- De Prielmayer, Extraordinary Emb. and Plenipotenitary, (L. S.)
- (L. S.) Francis Rudulphus of Halden, L. Baron of Trazberg, &c.
- (L. S.) Charles B. à Loë, Knight of the Teutonick Order.
- (L. S.) John Conrad Phillip Ignatius de Tastunge.
- (L. S.) John Henric of Kaysersfeld, Plenipotentiary.
- (L. S.) Frederick à Durheim.
- (L. S.) Charles Paul Zimmerman, High Chancellor, Privy Councellor, and Plenipotentiary.
- (L. S.) John Conral Norff, Deputed Plenipotentiary.
- (L. S.) Ferdinand L. B. à Plettenbergexlenhausen, of the Cathedral-Church, Monastery, Dean, and Chapter of the same.
- L. S.) John Henric Hetterman, Plenipotentiary.
- (L. S.) Jo. George Noble of Kulpis S. R. Knight of the Empire, Counsellor of State, Privy Counsellor and Director.
- (L. S.) Anthony Gunter of Hespen, Counsellor in the Superior Council, and Plenipotentiary to the Most Serene Duke.
- (L. S.) Charles Ferdinand L. B. of Pliffersdorff, saving the order of Succession.
- (L. S.) Joseph Antony Euseb. of Halden in Neidtberg, L. B. of Autenreidt, Plenipotentiary.
- (L. S.) Charles Otto, Count de Solms.
- (L. S.) F. C. de Ecclesiastein, Counsellor of Hanaw, and Plenipotentiary.
- (L. S.) Hermen Joseph Bullingen, Syndic, and Plenipotentiary.
- (L. S.) John Christopher de Dierheim, Plenipotentiary.
- (L. S.) John Jacob Muller, Plenipotentiary.
- (L. S.) John Melebior Lucius. J. V. L. Syndie and Plenipotentiary,