of Arms betwixt their said Allies until either by the judgment of both the Kings if their Allies will yield to their decision or by their interposition and authority they might have endeavoured an amicable composure of the said difference so that every one of their Allies be satisfied with it shunning on both sides the taking up of Auxiliary Arms. After which if the Authority of both the Kings or their Offices and interposition cannot produce the accommodation and the Allies do at last take the way of Arms every one of the said Lords and Kings shall be free to assist his Allie with his Forces without incurring thereby any breach betwixt their Majesties or any alteration of their Amity Each of the two Kings even promising in that case that he will not suffer that his Arms nor the Arms of his Allie should enter into any of the Dominions of the other King there to commit any hostility but that the quarrel shall be ended within the limits of the Dominion or Dominions of the Allies that shall fight together so that no warlike action or any other done in that conformity shall be deemed a breach of this present Treaty of Peace As likewise whensoever any Prince or State in Alliance with either of the said Lords and Kings shall be directly or indirectly assaulted by the Forces of the other King in what he shall hold and be possessed of at the subscribing of the present Treaty or what he ought to possess in consequence of it it shall be lawful to the other King to help or assist the assaulted Prince or State and yet whatsoever shall be done in conformity to the present Article by the Auxiliary Forces whilst they shall be in the service of the assaulted Prince or State shall not be deemed a breach of the present Treaty And in case it should happen that either of the two Lords and Kings should be first assaulted in what he now is possessed of or ought to possess by virtue of the present Treaty by any other Prince or State whatsoever or by many Princes and States in League together the other King shall not joint his Forces to the said assaulting Prince or State though otherwise his Ally nor to the said League of the likewise assaulting Princes or States as aforesaid nor shall give to the said Prince and State or to the said League any assistance of Men Money or Victuals nor passage or retreat in his Dominions to their Persons or Forces As for the Kingdoms Princes and States that are now in War with either of the said Lords and Kings and could not be comprehended in the present Treaty of Peace or that having been comprehended therein would not accept of it it hath been concluded and agreed that the other King shall not have power after the publication of the said Treaty to give them directly or indirectly any manner of assistance of Men Victuals or Money much less to the Subjects that might hereafter rise or revolt against either of the said Lords and Kings IV. All occasions of enmity or misunderstanding shall remain extinguished and for ever abolished and whatsoever hath been done or hath hapned upon occasion of the present Wars or during the same shall be put into perpetual oblivion so that for the future of neither side neither directly nor indirectly shall any inquiry be made for the same by Justice or otherwise under any pretence whatsoever nor shall their Majesties or their Subjects Servants or Adherents of either side shew any manner of remembrance of any offences or damages suffered during the War V. By means of this Peace and strict amity the Subjects of both sides whatsoever shall have liberty they observing the Laws and Customs of the Country to go to and fro to dwell trade and return into one anothers Country Merchandising or as they shall think best both by Land and by Sea or any other Fresh-waters to treat and trade together and the Subjects of the one shall be maintained and protected in the others Countreys as their own Subjects paying reasonably the Duties in all accustomed places and such others as by their Majesties and their Successors shall be imposed VI. The Towns Subjects Merchants and Inhabitants of the Kingdoms Dominions Provinces and Countreys belonging to the most Christian King shall enjoy the same Priviledges Franchises Liberties and Sureties in the Kingdom of Spain and other Kingdoms and Dominions belonging to the Catholick King as the English have by right enjoyed by the last Treaties made between the two Crowns of Spain and England and no greater Duties or Impositions shall be exacted of the French and other of the most Christian Kings Subjects either in Spain or any where else within the Lands or other places of the Catholick Kings obedience than have been paid by the English before the breach or than are paid at this time by the Inhabitants of the United Provinces of the Neatherlands or any other strangers that shall be there the more favourably intreated The same shall be done within the whole extent of the obedience of the said Lord the most Christian King unto all the Subjects of the said Lord the Catholick King of what Country or Nation soever they be VII In consequence of this if the French or any other of his most Christian Majesties Subjects are found in the said Kingdoms of Spain or upon the Coasts thereof to have shipped or caused to be shipped upon their Vessels in what manner soever it may be any prohibited goods to transport them out of the said Kingdoms the penalty shall not extend further than hath been heretofore practised in such cases towards the English or than it is at this time practised towards the Hollanders in consequence of the Treaties made with England or the United Provinces and all Inquiries or Processes hitherto made about the same shall remain null and be extinguished The same shall be observed towards the Towns Subjects and Inhabitants of the Kingdoms and Islands belonging to the said Lord the Catholick King who shall enjoy the same priviledges Franchises and Liberties throughout all the Dominions of the said Lord the most Christian King VIII All the French and other Subjects of the said Lord the most Christian King shall have liberty freely and without any hindrance to transport out of the said Kingdoms and Countries of the said Lord the Catholick King the proceed of the sale by them made of Corn within the said Kingdoms and Countries after the same manner as they wanted to do afore the War And the same shall be observed in France towards the Subjects of the said Lord the Catholick King IX Of neither side shall the Merchants Masters of Ships Pilots or Mariners nor their Ships Merchandises Commodities or other Goods to them belonging be arrested or seised on either by vertue of any general or particular Mandate or for any cause whatsoever of War or otherwise nor even under pretence of using them for the preservation and
the aforesaid Commissioners and of the Inhabitants of the Viguery of Conflans and the aforesaid part of the County of Cerdana As also it ought reciprocally to be understood of the County of Cerdana and of the part of the Viguery of Canflans that may or ought to remain to his Catholick Majesty by the present Treaty and the Declaration of the said Commissioners LX. Although his most Christian Majesty hath never been willing to engage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extream passion to see the Kingdom of Portugal enjoy the same quietness which so many Christian States shall get by the present Treaty hath for that end proposed a good number of parties and expedients such as his Majesty thought might be satisfactory to his Catholick Majesty among which though as aforesaid his Majesty was no way ingaged in that Affair his Majesty hath even gone so far therein as to be willing to deprive himself of the principal fruit of the happiness and success his Arms have had during the course of a long War offering besides the places his Majesty doth now restore by the present Treaty unto his Catholick Majesty to restore yet unto him all the rest of the Conquests generally made by his Arms during this War and wholly to restore the Prince of Condae Provided and upon that condition that the affairs of the Kingdom of Portugal should be left as they are now which his Catholick Majesty having refused to accept but only offering that in consideration of the mighty Offices of the said Lord the most Christian King he would give his consent for setting all things in the said Kingdom of Portugal in the same state they were afore the change arived there in the Month of December in the year 1640 pardoning and giving a general Amnisty for all what is past and granting the re-establishment into all Estates Honours and Dignities to all such without distinction of persons as returning under the obedience of his Catholick Maiesty shall put themselves again in posture to enjoy the effect of the present peace At length in consideration of the peace and considering the absolute neeessity his said most Christian Majesty hath been in to perpetuate the War by breaking off the presen◠Treaty which his Majesty found to be unavoidable in case he would have any longer insisted upon the obtaining upon that affair of his Catholick Majesty other conditions than such as he offered as aforesaid And his said most Christian Majesty willing to prefer as it ought to be and is most just the general quietness of Christendom to the particular interest of the Kingdom of Portugal for whose advantage and in whose behalf his said Majesty hath never omitted any thing of what depended of him and did lie in his power even to the making of such great offers as aforesaid it hath been at length concluded and agreed between the said Lords and Kings that it shall be granted unto his said most Christian Majesty a space of three months time to begin from the day of the exchanging of the Ratifications of the present Treaty during which his said Majesty may send into the said Kingdom of Portugal to endeavour so to dispose things there and to reduce and compose that affair that his Catholick Majesty may remain fully satisfied Which three months being expired if his said most Christian Majesties cares and offices have not had the desired effect his said Majesty will no further meddle with that affair and doth oblige and engage himself and promise upon his Honour and in the word of a King for himself and his Successors not to give unto the said Kingdom of Portugal either in general or to any person or persons in particular of what dignity state condition or quality soever they be now or hereafter any help or assistance publick or secret directly or indirectly of Men Arms Ammunition Victuals Ships or Mony upon any pretence nor any other thing whatsoever by Sea or Land nor in any other manner As also not to suffer any levies to be made in any parts of his Kingdom and Dominions nor to grant passage to any that might come from other Srates to the assistance of the said Kingdom of Portugal LXI His Catholick Majesty doth renounce by this Treaty both in his Name and of his Heirs Successors and Assigns unto all the Rights and Pretensions without keeping or reserving any thing which his Majesty may or might hereafter have upon the Upper and Lower Alsatia the Zuntgaw the County of Ferrese Brisac and Dependences thereof and upon all the Countries places and rights left and yielded to his most Cristian Majesty by the Treaty made at Munster the 14 of October 1648 to be united and incorporated to the Crown of France His Catholick Majesty approving for the effect of the said Renunciation the Contents of the said Treaty of Munster and not any other thing of the said Treaty as not having intervened therein In consideratiòn of which present renuntiation his most Christian Majesty do offer to satisfie to the payment of Three Millions of Livers his Majesty is obliged to pay by the said Treaty to the Archdukes of Inspruek LXII The Duke Charles of Lorraine having shewed much sorrow for his conduct towards the Lord the most Christian King and to have a firm intention to give him more satisfaction for the future both of himself and of his actions than the time past and the occasions have formerly enabled him to do his most Christian Majesty in consideration of the mighty offices of his Catholick Majesty doth from this time receive the said Duke into his good Grace and in contemplation of the Peace without looking to the Rights his Majesty may have acquired by several Treaties made by the late King his Father with the said Duke after the demolishing which shall be first made of all the Fortifications of both the Towns of Nancy which he shall not have power to raise again and the drawing and carrying away of all the Artillery Powder Bullets Arms and Ammunitions of War that are at present in the Magazines of the said Nancy shall put again the said Duke Charles of Lorrain into the possession of the Dukedom of Lorrain and even of the Towas Places and Countries by him formerly possessed depending of the three Bishopricks of Metz Thoul and Verdun except first Moyenvie which though within the Marches of Lorrain yet belonged to the Empire and hath been yielded to his most Christian Majesty by the Treaty made at Munster the 21 of October 1648. LXIII Secondly Except the whole Dukedom of
THE TREATY OF PEACE CALLED THE Pyrenaean Treaty Between the CROWNS of FRANCE and SPAIN Concluded and Signed By his Eminency Cardinal Mazarin AND Dom Lewis Mendez de Haro Plenipotentiaries of their most Christian and Gatholick MAJESTIES The Seventh of November 1659. Printed in Paris by His Majesties Command and now faithfully rendred English LONDON Printed for T. Collins J. Wright T. Sawbridge and M. Pitt 1678. The Treaty of Peace between the Crowns of France and Spain concluded and signed by his Eminency Cardinal Mazarin and Dom Lewis Mendez de Haro Plenipotentiaries of their most Christian and Catholick Majesties in the Isle called of the Pheasants in the River of Bidassoa upon the Confines of the Pyrenaean Mountains the seventh of November 1659. LEWIS BY THE GRACE OF GOD KING OF FRANCE AND OF NAVARRA To all those who shall see the present Letters Greeting Whereas by vertue of the Powers respectively given by us and the most High most Excellent and most Potent Prince the Catholick King of Spain our most Dear and most Beloved good Brother and Uncle unto our most Dear and most Beloved Cosen the Cardinal Mazarin and to the Lord Dom Lewis Mendez de Haro and Gusman they have in the Isle called of the Pheasants in the River of Bidassoa upon the Confines of both the Kingdoms towards the Pyrenean Mountains the Seventh of the instant month of November concluded agreed and signed the Treaty of Peace and Reconciliation the tenor whereof is as followeth IN THE NAME OF GOD THE CREATOR To all present and to come Be it known That whereas a long and bloody War hath many years since caused great miseries and oppressions to be suffered by the People Kingdoms Countries and Dominions under the obedience of the most High most Excellent and most Potent Prince Lewis the XIV by the Grace of God most Christian King of France and Navarra and of Philip the IV by the Grace of God Catholick King of Spain In which War other Princes and Republicks their Neighbours and Allyes having also taken part many Towns and Countries of both the parties have been exposed to great evils miseries ruines and desolations And although at other times and by several ways diverse Overtures and Negociations for an accommodation have been made yet none of them through the mysterious secrets of the Divine Providence could take the effect most earnestly desired by their Majesties until at length that supreme God who hath in his hand the hearts of Kings and hath particularly reserved to himself alone the precious Gift of Peace hath had the goodness through his infinite Mercy to inspire at the same time both the Kings and so to guide and direct them that without any other interposition or motives but the only 〈…〉 of compassion they have had of the sufferings of their Good subjects and of a Fatherly desire of their good and relief and of the Peace of the whole Christendom they have found the means how to put an end to so great and long calamities to forget and extinguish the causes and the seeds of their divisions and to settle to the glory of God and the exaltation of our holy Catholick Faith a good sincere entire and lasting Peace and Fraternity between them and their Successors their Allyes and Dependants By means whereof the dammages and miseries suffered might quickly be repaired in all parts Which to attain unto both the said Lords and Kings having given order unto the most eminent Lord Messire Julas Mazarin Cardinal of the holy Roman Church Duke of Mayenne Head of the most Christian Kings Councils c. and unto that most excellent Lord the Lord Dom Lewis Mendez de Haro and Gusman Marquis of Carpier Earl-Duke of Olivares perpetual Governour of the Royal Palaces and of the Arcenal or Magazine of the City of Sevella great Chancellor perpetual of the India's one of his Catholick Majesties Council of State great Commander of the order of Alcantara Gentleman of his Majesties Chamber and Gentleman of his Horse these two first and principal Ministers to meet upon the Confines of both the Kingdoms towards the Pyrenaean Mountains as being the two persons who are best informed of their holy intentions of their Interests and of the most intimate secrets of their hearts and consequently the most able to find out the necessary expedients to end their differences and to that end having given unto them most large Powers the Copies whereof are inserted at the end of these presents both the aforesaid principal Ministers by vertue of their said powers acknowledged on both sides to be sufficient have granted established and concluded the following Articles I. FIRST it is concluded and agreed that for the future there shall be a good firm and lasting Peace confederation and perpetual alliance and amity between the most Christian and Catholick Kings their Children borne and to be born their Childrens Successors and Heirs their Kingdoms Dominions Countries and Subjects who shall love one another as good Brethren procuring with all their power the mutual good honor and reputation one of the other and shuning bona fide as much as in them shall lye the damage one of the other II. In consequence of that good re-union the Cessation of all manner of Hostility concluded and signed the eight day of May of this present year shall continue according to its tenor between the said Lords and Kings their Subjects Vassals and Adherents both by Sea and other Waters and by Land and generally in all places where the War hath been hitherto between their Majesties And if any new thing or ways of Fact should hereafter be attempted by the Arms or in any manner whatsoever under the name of the Authority of either of the said Lords and Kings to the prejudice of the other the dammages shall be presently repaired and things put again in the same state as they were in upon the eighth day of May aforesaid when the said suspension of Arms was agreed on and subscribed the tenor whereof ought to be observed until the publication of the Peace III. And for hindering lest the differences that might hereafter happen betwixt any Princes or Potentates in Alliance with the said Lords and Kings be able to alter the good correspondency aâ—â— amity between their Majesties which every one of them is desirous to make so sure and lasting that no accident may disturb the same it hath been concluded and agreed that in case hereafter any difference should arise betwixt their Allies which might carry them to an open breach between themselves neither of the said Lords and Kings shall assault or disturb by his Arms the Ally of the other or shall give an assistance publick or private against the said Ally without first and afore all things treating in the Court of the other King by his Ambassador or some other particular person about the occasion of the said difference hindring as much as in them shall lye and by their authority the taking up
defence of the Country And generally nothing shall be taken from the Subjects of the said Lords and Kings within the Lands of the obedience of the other but with the consent of those to whom such things shall belong and paying ready money what shall be desired of them Yet it is not understood that therein should be comprehended such Seisures and Arrests of Justice by the ordinary ways because of Debts Obligations and valid Contracts of those upon whom such Seisures shall be made whereunto it shall be proceeded as it is wonted according to Right and Reason X. All the Subjects of the most Christian King shall with all security and liberty fail and trade in all the Kingdoms Countries and dominions that are or shall be at peace amity or neutrality with France excent Portugal only with their Conquests and adjacent Countrys whereof it is otherwise disposed by an Article of the present Treaty and shall not be troubled or molested in that Liberty by the Ships Galleys Frigots Barks or any other Sea-Buildings belonging to the Catholick King or any of his Subjects because of the Hostilities that are or might be hereafter between the said Lord the Catholick King and the aforesaid Kingdoms Countries and Dominions or any of them that are or shall be at Peace Amity or Neutrality with France Provided that the exception made of Portugal in this and following Articles concerning the Commerce shall only be in force during the time the said Portugal shall remain in the condition it is at present And that if it should happen that the said Portugal should be reduced under the obedience of his Catholick Majesty the same should be then observed as to the Commerce in the said Kingdom of Portugal in regard of the French as in other Dominions now possessed by his said Catholick Majesty according to the contents of the present and following Articles XI That transportation and that Traffick shall extend to all kinds of Merchandizes and Commodities which were wonted freely and securely to be transported into the said Kingdoms Countries and Dominions afore they were in was with Spain Provided yet that during the said War the most Christian Kings Subjects shall abstain from carrying thither any Merchandizes of the growth of the Catholick Kings Dominions such as may be serviceable against him and his Dominions much less shall they carry thither any Contrebanda-Goods XII By that kind of Contrebanda-Goods are only understood all sorts of Fire-Arms and all things belonging to them as Canons Musquets Mortar-pieces Petards Bombes Granadoes Saucidges Pitchd circles Carriages Forks Bandaliers Gunpowder Cords Saltpeter Bullets Pikes Swords Caskes Headpeices Cuirasses Halberts Javalins Horses Saddels for Horses Holsters for Pistols Belts or any other Warlike Furnitures XIII In that kind of Contrebanda-Goods shall not be comprehended Wheat Corn or other Granes Puâ—â—e Oyles Wines Salt nor generally any thing belonging to the nourishment and sustentation of life But they shall remain free as all other Merchandizes and Commodities not comprehended in the aforegoing Article And the transportation of them shall be free even to places in enmity with the Crown of Spain except Portugal as aforesaid and the Towns and places besieged blockt up or surrounded XIV For the execution of the Premises it hath been agreed that it shall be done in the manner following viz. That the Ships and Barks with the Merchandizes belonging to the Subjects of the Lord the most Christian King being come into any Haven of the Lord Catholick King where they used to come and trade before the present War and being willing from thence to pass unto the Ports belonging to the said Enemies they shall only be bound to shew to the Officers of the Spanish Port or of any other of the said Lord and Kings Dominions from whence they are to go their Passes containing the specification of the lading of their Ships attested and marked with the ordinary hand and seal and acknowledged by the Officers of the Admiralty of the places from whence they came first with the declaration of the plate for which they are bound the whole in the ordinary and accustomed Form After which exhibiting of their Passes in the form aforesaid they shall not be disturbed or molested detained nor retarded in their Voyages under any pretence whatsoever XV. The same shall be done as to the French Ships and Barques that shall go into any Roads of the Catholick Kings Dominion where they used to trade before the present War and shall be unwilling to enter into the Harbours or being entred there yet will not unlide or break Bulk who shall not be obliged to give any account of their Lading but only in case of suspicion that they are carrying any contrebanda-Goods unto the Enemies of the said Lord the Catholick King as aforesaid XVI And in the said case of apparent suspicion the said Subjects of the most Christian King shall be obliged to show in the Ports their Passes in the form above specified XVII But if they be entered into the Roads or be met in open Sea by any of the said Lord the Catholick Kings ships or by private Men of War of his Subjects the Spanish Ships to avoid all kind of disorder shall not come nearer to the French than the reach of the Canon and shall have power to send their Cock-boat or Shallop abord the said French Ships or Barques and cause two or three of their men only to go into them to whom shall the Passes be shewed by the Master or Patron of the French Ship in the manner aforesaid according unto the Form that shall be inferred at the end of this Treaty whereby it might appear not only of their Lading but also of the place of their abode and residence and of the name both of the Master and Patron and of the ship it self That by those two means it may be known whether they carry any prohibited goods and that it may sufficiently appear both of the quality of the said ship and of its Master and Patron unto which Passes and Sea Letters full Faith and Credit shall be given And to the end their validity might be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings XVIII And in case there be found in the said French vessels and barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seised on or confiscated XIX It hath further been agreed and concluded that whatsoever shall be found to have been laden by the Subjects of his most christian Majesty aboard any ships belonging to the
Prince of his house or any other whatsoever under any pretence or occasion that may happen in the said soveraignty propriety jurisdiction prerogative possession and enjoyment of all the said Countreys Towns Places Castles Lands Lordships Provostships Dominions Chastellenies and Bailiwicks and of all the places and other things depending of them And for that effect the said Lord the Catholick King for himself and for his Heirs Successors and Assigns doth renounce unto quit yield and transport as his Plenipotentiary in his name by the present irrevocable Treaty of Peace hath renounced to quitted yielded and for ever transported in the behalf and to the benefit of the said Lord the most Christian King his Heirs Successors and Assigns all the rights actions pretensions regalities patronage wardianship jurisdiction nomination prerogatives and preheminences upon the Bishopricks Cathedral Churches and other Abbies Priories Dignities Parsonages and any other Benefices whatsoever within the precincts of the said Countreys places and Bailiwicks so yielded of what Abbies soever the said Priories do hold or depend And generally without retaining or reserving any thing all other rights which the said Lord the Catholick King or his Heirs and Successors have and pretend or may have and pretend for what cause occasion soever upon the said Countreys places Castles Forts Lands Lordships Dominions Chastellenies and Bailiwicks and upon all the places depending of them as aforesaid Which together with all the Men Vassals Subjects Boroughs Villages Hamlets Forrests Lands and other things whatsoever depending of them without keeping or reserving any thing the said Lord the Catholick King both for himself and for his Successors doth consent to be from this time forth and for ever united and incorporated to the Crown of France all Laws Customs Statutes Constitutions made to the contrary even such as may have been confirmed by Oath in any wise notwithstanding To which and to all clauses derogatory to former derogatory clauses it is expresly derogated by the present Treaty for the effect of the said renuntiations and cessions which shall be valid and shall take place the particular expression or specification not derogating to the general nor the general to the particular and excluding for ever all exceptions upon what right title cause or pretence soever they may be grounded And the said Lord the Catholick King doth declare consent will and understand that the men vassals and subjects of the said countries towns and lands yielded to the Crown of France as aforesaid be and remain quitted and absolved from henceforth and for ever of the faith homage service and oath of fidelity they all or any of them may have done to him or to his predecessors the Catholick Kings and withall of all obedience subjection and vassallage which they for that cause might owe unto him The said Lord the Catholick King Willing that the said faith and homage and oath of fidelity become and remain void and of none effect as if they had never been taken XLII And as concerning the countries and places taken by the Arms of France during this War towards Spain As it had been formerly agreed by the Negotiation begun in Madrid in the year 1656. upon which this present Treaty is grounded that the Pyrenean Mountains which antiently had divided the Gauls from Spain should also make henceforth the division of both the said Kingdoms It hath been concluded and agreed that the Lord the most Christian King shall remain in possession and shall effectually enjoy the whole County and Viquery of Roussillon and the County and Viquery of Conflans the countries towns places castles burroughs villages and places which make up the said Counties and Viqueries of Roussillon and Conflans And to the Lord the Catholick King shall remain the County and Viquery of Cerdana and the whole principality of Catalonia with the Viqueries places towns castles burroughs hamblets places and countries that make up the said County of Cardena and the principality of Catalonia Provided that if there be found any place of the County and Viquery of Constans onely and not of Roussillon that be in the said Pyrenean Mountains toward Spain it shall likewise remain to the Catholick Majesty As likewise if any place be found of the said County and Viquery of Cardena onely and not of Catalonia that be in the said Pyrenean Mountains towards France it shall remain to his most Christian Majesty And that the said division might be concluded commissioners shall be presently appointed on both sides who shall together bona fide declare which are the Pyrenean Mountains which according to the tenor of this Article ought hereafter to divide both Kingdoms and shal mark the limits they ought to have And the said Commissioners shall meet upon the place at the furthest a month after the subscribing of the present Treaty and within the space of another month after ought to have concluded the matter and declared with common consent the premises Provided that if then they cannot agree among themselves concerning it they shall presently send the grounds of their opinions to the two Plenepotentiaries of both the Lords and Kings who taking notice of the difficulties and differences happened thereupon shall conclude the business betwixt them So that it shall not be suffered that Arms be taken up again about the same XLIII The whole County and Viquery of Roussillon County and Viquery of Conflans except the places that shall be found to be situate in the Pyrenean Mountains towards Spain in the manner aforesaid according to the Declaration and Agreement of the Commissioners that are to be appointed for that purpose as also that part of the county of Cerdana that shall be found situate in the Pyrenean Mountains towards France according unto the same Declaration of the commissioners the countries towns places castles that make up the Vigueries of Roussillon and Conflans and part of the county of Cerdana in the manner aforesaid Appurtenances Dependences and Annexes with all the Men Vassals Subjects Borroughs Villages Hamblets Forests Rivers Lands and any other things whatsoever depending of them shall remain irrevocably and for ever by the present Treaty united and incorporated to the crown of France to enjoy the same by the said Lord the most Christian King his Heirs Successors and Assigns with the same Rights of Soveraignty Propriety Regalities Patronage Jurisdiction Nomination Prerogatives and Preheminences upon the Bishopricks Cathedral Churches and other Abbeys Priories Dignities Parsonages or any other Benefices whatsoever being within the limits of the said county of Roussillon Viguery of Conflans and part of the county of Cerdana in the manner aforesaid except as to Conflans what shall be found to be in the Pyrenean Mountains towards Spain of whatsoever Abbeys the said Priories be holding and depending and all such other Rights formerly belonging to the said Lord the Catholick King though not here particularly mentioned And that his most Christian Majesty shall never hereafter be troubled or molested
Conde and unto the said Duke of Enguian his son the Governments and the Charge therein mentioned his Catholick Majesty doth promise and oblige himself of his part and in the word of a King to draw out of the Town Citadel or Castle of Juliers the Spanish Garrison that is in the said Town Citadel or Castle and all such other Forces as might have lately gone into the same or might yet go in to reinforce the Garrison thereof leaving in the said Town and Citadel all the Artillery marked with the Coat of Arms of the House of Cleveland or of Juliers or that hath belonged to them And as to the rest of the said Artillery Arms Ammunition and Instruments of War which his Majesty hath in the said Town and Castle of Juliers delivering them unto the Duke of Nubourgh or such as shall be appointed by him to receive the same in the same quality he hath the possession of the Estate of Juliers the said Duke delivering before into the hands of his Catholick Majesty a Writing in good form signed with his hand satisfactory to his said Catholick Majesty whereby he shall engage not to sell alienate nor pawn the said Town Citadel or Castle to any Princes or any other private persons and that he shall not put therein nor settle there any other Garrison but of his own Forces As also to grant unto his said Catholick Majesty whensoever he shall have need of it the passage for his Forces either through the said Town or through the State of Juliers his said Majesty paying at his own charges the expence of the passage of the said Forces which shall be regulated journeys and reasonable marches and shall not sojourn in the Land the said Duke taking in such occasions the necessary precautions for the safety of the said Town and Citadel And in case the said Duke should fail in the performance of what he shall oblige himself unto as well of not alienating the same as not of putting any other Garrison in the said place and Citadel but what is his own or that he refuseth to give passage to his Catholick Majesties Forces in paying their expences the said Lord the most Christian King doth promise in the word of a King not to assist the said Duke with Money or Soldiers nor in any other manner by himself or by interposed persons to uphold the said contravention but to the contrary he will lend his own Forces if need be for the accomplishing of the Premises LXXXIX It hath been expresly concluded and agreed between the said Plenipotentiaries That the Reservations contained in the 21 and 22 Articles of the Treaty of Vervins shall have their full and entire effect and no explication contrary to their meaning shall be used And that in consequence thereof to the said Lord the most Christian King of France and Navarre his Successors and Assigns are reserved notwithstanding any prescription or space of time that might be alledged to the contrary all the rights actions and pretensions he conceives to belong unto him because of the said Kingdoms Countries and Lordships or any where else for any cause whatsoever whereunto it hath ever been either by himself or by his predecessors expresly renounced to prosecute the same by an amicable way and of Justice and not by Arms. LXXXX Likewise shall be reserved unto the said Lord the Catholick King of Spain his Successors and Assigns notwithstanding any prescription or space of time that might be alledged to the contrary all the rights actions and pretensions he conceives to belong unto him because of the said Kingdoms Countries and Lordships or any where else for any cause whatsoever whereunto it hath never been either by himself or by the King 's his predecessors expresly renounced likewise to prosecute the same by an amicable way and of Justice and not by Arms. LXXXXI Whereas the said Cardinal Mazarin his most Christian Majesties Plenipotentiary hath represented that for the better obtaining of a good Peace it is necessary that the Duke of Savoy who hath intermedled in this War joyning his Arms to those of the Crown of France whose Ally he is should be comprehended in the present Treaty His most Christian Majesty loving the welfare and preservation of the said Duke as much as his own because of the propinquity of blood and alliance whereby they are related and his Catholick Majesty finding it reasonable that the said Duke be comprehended in that Peace upon the instances and by the interposition of his most Christian Majesty It hath been concluded and agreed that for the future there shall be a cessation of all manner of acts of hostility as well by Sea and other waters as by Land between his Catholick Majesty and the said Duke of Savoy their Children Heirs and Successors born or to be born their States Dominions and Lordships a restablishment of Amity Navigation and Commerce and good correspondency between the Subjects of his said Majesty and the said Duke without distinction of places or of persons And the said Subjects shall be restablished without difficulty or delay into the free and peaceable possession and enjoyment of all their Goods rights names reasons pensions actions immunities and priviledges of what nature soever which they possessed in the Dominions one of the other afore the present War or that might have escheated to them during the same and which by reason of it may have been seized on Yet so that they shall not pretend or demand any restitution for the enjoying of the same for the time past during the War LXXXXII In consequence of the said Peace and in consideration of the Offices of his most Christian Majesty the said Lord the Catholick King shall restore unto the said Duke of Savoy really and indeed the Town place and Castle of Verceil and all the Territories thereof Appurtenances Dependences and Annexes And shall therein demolish nothing nor damnifie the Fortifications that have been made there but shall restore it in the same condition as to the Artillery Ammunitions of War Victuals and any other things as it was when the said Verceil was taken by his Catholick Majesties Arms. And as to the place of Cencio in the Langs it shall likewise be restored to the said Duke of Savoy in the same state it is now in with the Dependences and Annexes LXXXXIII As for the Dower of the late Serenissima Infanta Catharina about which there hath been some difference betwixt the Houses of Savoy and of Modena his Catholick Majesty doth promise and engage to see effectively paid unto the Duke of Savoy the Arrears that may be due to his House since the said Dower was appointed until the 17 of December in the year 1620. At which time the late Duke Charles Emanuel of Savoy gave in Appanage the said Dower to the late Prince Philbert his Son as it shall be verified by the date out of the Books of the Royal Chamber of the Kingdom of Naples And for the
Enemies of the said Lord and Catholick King although not contrebanda goods shal be confiscated together with all that shall be found in the said ship without any exception or reservation But on the other side whatsoever shall be found in the ships belonging to the Subjects of the most Christian King shall be free and freed although the lading or part thereof should belong to the Enemies of the said Lord the Catholick King except the prohibited goods in regard whereof they shall carry themselves according to what hath been disposed in the aforegoing Articles XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their trade and commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports or in open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the Trade and Commerce XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in the manner aforesaid And in case in progress of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation nor sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor XXII All Goods and Merchandises arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgments given upon Letters of Confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and pursuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Forreiners as unto their own Subjects without any distinction of persons XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdoms it hath been concluded and agreed That there hapning hereafter any breach between the two Crowns which God forbid six months time shall alwaies be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and immunities belonging to their exercise and employment And that the establishment shall be made in such places where with a mutual consent it shall be thought necessary XXVII All Lettees of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law XXVIII All the Subjects of both sides both Ecclesiastical and Secular shall be restored to their Goods Honours and Dignities and to the enjoyment of such Benefices as they were invested with afore the War either by Death or Resignation either by way of coadjutorship or otherwise In which re-establishment into Goods Honours and Dignities are namely understood to be comprehended all the Napolitan Subjects of the said Lord the Catholick King except only the Charges Offices and Governments they were possessed of And it shall not be lawful for either side to refuse to place or to hinder the taking of possession to any of those who have been invested with Prebends Benefices or Ecclesiastical Dignities afore that time nor to maintain therein such as have obtained any other Provisions of the same during the war unless it be for the Curates canonically provided who shall remain in the enjoyment of their Parsonages Both the one and the other shal likewise be restored to the enjoymeet of all and every one of their Goods unmoveables and Rents either perpetual or during life or to be redeemed seised on or taken from them since that time either upon the occasion of the War or for following the contrary part together with all their rights actions and successions to them accruing even since the beginning of the War yet so that they shall not demand or pretend
and being sensible of the said Princes proceeding and submission hath desired and consented that his interests should be regulated in this Treaty after the manner following granted and agreed on between the two Lords the Kings LXXX First That the Prince shall lay down arms at the furthest within eight weeks reckoning from the day of the subscribing of the present Treaty and shall effectively disband all his forces both horse and foot French and Foreigners who make up the body of the Army he commands in the Low-countries and that after such manner as his most Christian Majesty shall be pleased to prescribe except the Garisons of Rocroy le Chastelet and Linchamp which shall be disbanded at the time appointed for the restitution of the said three places And the said laying down of arms and disbanding shall be made by the said Prince really and bona fide without transporting lending or selling either really or feignedly unto any other Princes or Potentates whatsoever either friends or foes or either Allies of France LXXXI Secondly that the said Prince sending an Express to his Majesty to confirm more particularly unto him all the things aforesaid in his name shall deliver unto his Majesty an Act subscribed by him whereby he shall submit to the execution of what hath been concluded between the two Lords and Kings as to his person and interests and as to the persons and interests of those that have followed him And in consequence thereof he shall declare that he sincerely departeth from and bona fide renounceth to all Leagues Intelligences and Treaties of Association or Protection he may have made and contracted with his Catholick Majesty or any other Kings Potentates or Foreign Princes whatsoever or any other persons within or without the Kingdom of France with promise never to take or receive at any time hereafter of the said Foreign Kings or Potentates any Pensions establishments or Benefits that may oblige him to a dependance of them or to any tie to any other Kings or Potentates but to his said Majesty his Soveraign Lord upon the penalty in case of breach of the said Writing to forfeit from that time the restoring and re-establishing granted to him by the present Treaty and to return to the same condition he was in about the latter end of March in this present year LXXXII Thirdly that the said Prince in execution of what hath been before concluded and agreed between the said two Lords and Kings shall really and indeed put into the hands of his most Christian Majesty the places of Rocroy le Chastelet and Linchamp upon the time and day appointed by another Article of this same Treaty LXXXIII Provided that what is abovesaid be executed his most Christian Majesty in contemplation of the Peace and in consideration of the offices of his Catholick Majesty using his Royal clemency shall sincerely and with a good heart receive the said Prince into his grace will pardon him and with the same sincerity will forget all what for the time past he hath done and undertaken against his service within or without the Kingdom and will like his return into France even where his Majesties Court shall be In consequence whereof his said Majesty shall restore and re-establish the said Prince really and indeed into the free possession and enjoyment of all his Estates Honors Dignities and Priviledges of first Prince of his blood Yet so that as to the said Estates and Goods of what nature soever the said Prince shall never pretend any thing for the time past for restitution of the fruits of the said Estates by whomsoever they may have been enjoyed by order of his Majesty nor for payment and restitution of his Pensions Salaries or any other Rents and Revenues he had upon Demaines Farms or General Receipts of the said Lord the King nor by reason or under pretence of what he might pretend to be due unto him by his Majesty afore his going out of the Kingdom nor for demolitions degradations or damages made by his Majesties orders or otherwise in what manner soever upon the Estates Towns places fortified or not fortified Lordships Chastellenies lands and houses of the said Prince LXXXIV And concerning the Charges and Governments of Provinces or places whereof the said Prince was provided and which he possessed afore his going out of France his most Christian Majesty hath for a long time constantly refused to restore him thereunto until being sensibly affected with the proceeding and the submission aforesaid of the said Prince when he wholly referred to his good pleasure and disposition all his interests without any pretension and whatsoever was offered to him by his Catholick Majesty for his in damnifying his most Christian Majesty hath at length inclined to grant him what followeth upon certain conditions hereafter specified concluded and agreed on by the said Lords and Kings viz. That in case the Lord the Catholick King on his part instead of what he intended to give to the said Prince towards the in damnifying of him will draw out the Spanish Garison that is in the Town place and Cittadel of Juliers and leave the said place and Cittadel free of the said Garison unto the Duke of Newburgh upon the conditions and in the manner that shall be hereafter more particularly specified in another Article of this present Treaty As also if his said Catholick Majesty besides the drawing out of the Town and Cittadel of Juliers the aforesaid Spanish Garison doth put in the hands of his most Christian Majesty the Town and place of Avennes situate between the Rivers of Sambre and Maez with the Appurtenances Dependances Annexes and Dominions after the manner his said Catholick Majesty hath above obliged himself to do by an Article of this present Treaty which place of Avennes his said Majesty intended also to have given among other things unto the said Prince Provided his Majesty doth perform the premisses as aforesaid that is to say by way of compensation for the said remitting and yielding of one of the said places to the said Lord the most Christian King to be for ever united and incorporated to the crown of France and of the going of the Spanish Garison out of the other in the behalf of a Prince who is a friend and an Ally of his said most Christian Majesty whom his Majesty hath desired to oblige by vertue of the Treaty of the said Alliance His said most Christian Majesty for all things generally whatsoever that may concern the charges and Governments formerly possessed by the said Prince or which any of those that belong to him had ground to hope none excepted will give unto the said Prince the Government of the Province of Burgundy and Brescia wherein are understood to be comprehended the Countries of Bugey Gex and Veromey As also will give him the particular Governments of the Castle of Dijon and of the Town of St. John de Laune and to the Duke of Enguien his son the charge of
Besides the Duke of Savoy the Duke of Modena and the Prince of Monaco who as Allies of France are of the chiefest Contractors in this Treaty as aforesaid by the common consent of the said Lords the most Christian Catholick shall be comprehended in this Peace and Alliance if they will be comprehended therein on his most Christian Majesties part first Our Holy Father the Pope the Holy Apostolical See the Electors other Princes of the Empire Allies and Confederates with his Majesty for the maintaining of the Peace of Munster viz. the three Electors of Mentz Coleâ— and the Count Palarine of the Rhine the Duke of Newburg the Dukes Auguste Christiane Lewis and George William of Brunswick and Luneburge the Landgrave of Hessen-Cassel and the Landgrave of Darmstat the Duke and the Seigniory of Venice and the Thirteen Cantons of the League of Switzerland and their Allies and Confederates all other Kings Potentates Princes and States Towns and particular persons to whom his most Christian Majesty upon a decent requisition made by them for it will grant on his part to be comprehended in this Treaty and will name them within a year after the publication of the Peace unto his Catholick Majesty by a particular Declaration to enjoy the benefit of the said Peace both by the aforenamed and by such as his Majesty shall name within the said time Their Majesties giving their Declaratory and Obligatory Letters required in such case respectively and the whole with an express Declaration that the said Catholick King shall not have power directly nor indirectly to molest by himself or by others any of those who on the said Lord the most Christian Kings part have been above or hereafter shall be comprehended by a particular Declaration And that if the Lord the Catholick King hath any pretensions against him he shall only have power to prosecute him by right before competent Judges and not by force in what manner soever it may be CXXIII And on the said Lord the Catholick Kings part shall be comprehended in this Treaty if they will therein be comprehended our holy Father the Pope the Apostolical See the Emperor of the Romans all the Archdukes of Austria and all the Kings Princes Republicks States and particular Persons who as Allies of this Crown were named in the Treaty of Peace made at Vervins 1598. and who shall have preserved and do at this day preserve themselves in that Alliance To whom are added now the United Provinces of the Low Countries and the Duke of Guastale as also shall be comprehended all such others as by common consent of the said Lords and Kings shall be named within a year after the Publication of the present Treaty to whom as also to the aforenamed if they desire it in particular Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace with express Declaration That the said Lord the most Christian King shall not have Power directly nor indirectly by himself or by others to molest any of them And if he hath any pretentions against them he shall have power only to prosecute them by Right before competent Judges and not by Force CXXIV And for greater security of this Treaty of Peace and of all the points and Articles therein contayned the said Treaty shall be Published Verified and Registred in the Court of the Parliament of Paris and in all the other Parliaments of the Kingdom of France and in the Chamber of Accounts in the said Paris As likewise the said Treaty shall be Verified Published and Registred as well in the Grand Council and other Councils and chambers of Accounts of the said Lord the Catholick King in the Low Countries as in the other Councils of the Crowns of Castile and Arragon according unto and after the manner contained in the Treaty of Vervins of the year 1598. whereof the Expeditions shall be delivered on both sides within three Moneths after the Publication of the present Treaty Which Points and Articles before set down together with the whole Contents of any of them have been Treated Granted Passed and Stipulated between the aforesaid Plenipotentiaries of the said Lords the most Christian and Catholick King in the name of their Majesties Which Plenipotentiaries by virtue of their Power the Copie whereof are inserted at the bottom of this present Treaty have promised and do promise under the Obligation of all and every the Goods and Estates present or to come of the Kings their Majesties That the same shall be by their Majesties Inviolably observed and performed and to cause them to Ratifie the same meerly and singly without adding any thing thereunto and to give and deliver Reciprocally one to the other Authentical and sealed Letters wherein the whole present Treaty shall be word for word inserted and that within 30 days from the day and date of these presents and sooner if it may be Besides the said Plenipotentiaties have promised and do promise in the Names aforesaid That the said Letters of Ratification being exchanged and Furnished the said most Christian King as soon as it may be and in the presence of such person or persons as the said Lord the Catholick King shall be pleased to appoint shall Solemnly Swear upon the Cross the holy Evangelists the Canons of the Mass and upon his Honour to observe and perform Fully Really and Bona fide the whole Contents of the Articles of the present Treaty And the like shall be done also as soon as possibly may be by the said Lord the Catholick King in the presence of such person or persons as the said Lord the most Christian King shall be pleased to appoint In witness whereof the said Plenipotentiaries have subscribed the present Treaty with their Names and set the Seals of their Coat of Arms thereunto We having the aforesaid Treaty acceptable in all and every the Points and Articles therein contained and declared have both for us and for our Heirs Successors Kingdoms Countries Lands Lordships and Subjects Accepted Approved Ratified and Confirmed and do Accept Approve Ratifie and Confirm the same and do promise in the Faith and Word of a King and under the Obligation and Engagement of all and every our goods present and to come Inviolably to Keep Observe and Maintain the whole without ever doing any thing contrary thereunto Directly nor Indirectly in what sort and manner soever In Witness whereof We have signed these Presents with our Hand and thereunto caused our Seal to be set and apposed Given at Thoulose the four and twentieth of November 1659. and of our Reign the Seventeenth FINIS