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A49237 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 G[C]atholick Majesties, the Seventh of November, 1659 / printed in Paris by His Majesties command, and now faithfully rendred English.; Treaties, etc. Spain, 1659 Nov. 7 France.; France. Treaties, etc. Spain, 1659 Nov. 7. 1659 (1659) Wing L3140; ESTC R1302 50,216 44

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their Ministers to repair to the Court of the other and other places if need be to the end that hearing jointly at the place where the said Ministers shall meet such persons as shall apply themselves unto them about those affairs and taking conusance of the contents of the Articles of the Treaty and of what the said Parties shall offer unto them they might Declare together unanimously briefly and summarily without any other formality of Justice what ought to be executed issuing thereupon the necessary Act and Instrument of their Declaration which Act shall be performed without admitting or leaving any room to any contradiction or reply CXIII The execution of the present Peace in what regardeth the restitution and surrendring of the places which the said Lords and Kings are to restore and put in the hands one of the other respectively or of their Allies by virtue of and in conformity to this Treaty shall be made at the time and after the following manner CXIV First without staying for the exchange of the Ratifications of the present Treaty to the end the Forces which make up the Army of the most Christian King and the Garrisons of the places he holdeth in Italy might repass the Alpes afore the Ice doth shut up the passages both the said Plenipotentiaries have concluded and agreed That they take upon themselves to have the Orders of their Majesties respectively forthwith sent by Expresses unto the Duke of Navailles the Count of Fuensaldagne as also to the Marquis of Caracent for what concerneth him to make upon the 30th of the instant November the following Restitutions viz. Upon that day shall be restored by the Lord the most Christian King unto his Catholick Majesty the places of Valence upon the Po and of Mortara in the State of Milan As likewise upon the same 30th day of November shall be restored by the Lord the Catholick King unto the Duke of Savoy the place and Cittadel of Verceil in Piedmont and towards the low Counties unto his most Christian Majesty the place of Castelet the said Lords and Plenipotentiaries having taken upon themselves by vertue of the particular Orders they have of their Majesties for that purpose the punctual execution of that Article afore the exchange of the Ratifications of the present Treaty as aforesaid CXV The exchange of the Ratifications being made within the day that hereafter shall be named on the 27th day of December of this present year shall be restored by the said Lord the most Christian King unto his Catholick Majesty the places of Oudenard Marville Menene and Comine upon the River Lys Dixmude and Furne with the Posts of La Fintelle and La Quenoque As also upon the same 27th day of December shall be restored by the said Lord the Catholick King unto his most Christian Majesty the places of Rocroy and Linchamp CXVI Eight days after which will be the 4th of January of the next year 1660. shall be restored by the said Lord the most Christian King unto his Catholick Majesty the places of Ypre La Bassee Bergh St. Wynox and the Fort Royal thereof and all the Posts Towns and Castles taken by the French Arms in the Principality of Catalonia except Roses Fort of the Trinity and Cape De Quiers As likewise upon the same 4th day of January shall be restored by the said Lord the Catholick King and put into the hands and in the power of his most Christian Majesty the places of Hesdin Philippeville and Marienbourg CXVII After the Prince of Conde hath rendred his respects to the most Christian King his Soveraign Lord and is setled again into the Honours of his Grace the places of Avennes and Juliers shall be by the Lord the Catholick King put into the hands and in the power of his most Christian Majesty and of the Duke of Newbourg And the same day the said Lord the most Christian King shall restore unto his Catholick Majesty the Posts Towns Forts and Castles taken by the French in the County of Burgundy after the manner and at the time more particularly agreed upon by their said Majesties CXVIII Upon supposition and condition that the said Commissioners that are to be appointed to declare the places that ought to belong to each of the said Lords and Kings in the Counties and Vigueries of Conflans and Cerdana shall have before concluded and unanimously made the declaration that is to regulate for the future the Limits of both Kingdoms As also when all the aforesaid restitutions are made and punctually performed his most Christian Majesty shall restore upon the 5th of May of the next year 1660. unto his Catholick Majesty the places and Posts of Roses the Fort of the Trinity and Cape de Quiers upon the conditions more particularly agreed on by their Majesties CXIX It hath likewise been concluded and agreed that in the Exchange that shall be made of La Bassee and Berg St. Wynox and its Royal Fort with Philippeville and Marienbourg there shall be left in the said places as much Artillery both in number and of the same weight and quality as well in the one as in the other as also as much Ammunition of War of all sorts and Victuals as the Commissioners appointed on both sides shall agree bona fide and shall see it performed So that what shall be found over and above as well in the one as in the other may be taken out of the said places and transported any where else where the Lord and King shall please to whom that greater quantity of the things aforesaid shall be found to belong CXX Their said Majesties have likewise concluded agreed resolved and promised upon their Royal Word to send each on their part their Orders to the Generals of their Armies or Governors of their Arms and Countries to have them give their assistance for the execution of the said respective Restitutions of places upon the certain days before prefixed advising together bona fide about the means and all other things that may regard the faithful execution of what hath been promised and agreed between their said Majesties after the manner and at the time aforesaid CXXI The Duke Charles of Lorrain accepting as to what concerns him this present Peace upon the conditions afore stipulated between the said Lords and Kings and not otherwise his most Christian Majesty shall re-establish within four months from the day of exchanging of the Ratifications of the present Treaty the said Duke into the Dominions Lands and places expressed before except such as are to remain to his most Christian Majesty in Propriety and Soveraignty by the said present Treaty Provided the said Duke afore his re-establishment besides his accepting of the Conditions that concern him in the present Peace doth furnish unto his most Christian Majesty and at his satisfaction all the several Acts and Obligations he is to put into his hands according to this Treaty and after the manner specified and stipulated before CXXII
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