have, to the Town of Menin, with all its Fortifications and with its Verge, to the Town and Citadel of Tournay, with all the Tournefis, without referving to himself any Part of his Right to them, or to any of their Dependencies, Appurtenances, Appendages, Territories, and Territories mixed with or inclofed in other Territories; his Majefty confents, that the States-General of the United-Provinces. fhall reftore the faid Towns, Places, Territories, Dependencies, Appurtenances, Appendages, and other Territories mixed with or inclofed in other Territories, to the Emperor, as foon as they fhall have agreed thereon with his Imperial Majefty, as it is ftipulated in the preceding Article, to be enjoyed by him, his Heirs and Succeffors, fully, peaceably and for ever, as well as the Spanish Netherlands which belong'd to the late King Charles II. at the Day of his Deceafe. 'Tis provided however, that the faid giving up of the Spanish Netherlands, Towns, Places and Fortreffes yielded by the moft Chriftian King, shall not be made by the faid Staees-General, till after the Exchange of the Katification of the Treaty of Peace between his Imperial Majefty, the Empire and his moft Chriftian Majety; 'tis alfo provided, that St. Amand with its Dependencies, and Mortagne without Dependencies, fhall remain to his faid moft Chriftian Majefty, on Condition neverthelefs, that it fhall not be permitted to make there any Fortification or Sluice of what Nature foever they may be.

XXI. In like Manner the King confirms, in favour of the Emperor, and of the House of Auftria, the Ceffion, which his Majesty has already made in favour of the said Houfe, to the States-General of the United-Provinces, as well for himfelf as for the Princes his Heirs and Succeffors born or to be born, of all his Rights to Furnes and Furnambacht, therein including the eight Parishes, and the Fort of Knoque, to the Towns of Loo and Dixmude with their Dependencies; to the Town of Ypres, with its Caftellanie, Rouffelaer therein included, and with the other Dependencies, which henceforward thall be Popperinghen, Varneton, Commines, and Warwick; these three laft Places, because they are fituate on the Side of the Lys towards Ypres, and what depends on the Places here above specified, of which Rights thus transferred to the Emperor, his Heirs and Succeffors, his moft Chriftian Majefty referves none to the faid Towns, Places, Forts and Countries, nor to any of their Appurtenances, Dependencies, Appendages, or Territories mixed with or inclofed in other Territories; confenting that the States-General may give them up to the

Houfe

House of Auftria, to be enjoyed by that House irrevocably and for ever, as foon as they fhall have agreed with that House on their Barrier, and the Ratifications of the Treaty of Peace between the Emperor, the Empire, and his most Chriftian Majefty fhall be exchanged.

XXII. The Navigation of the Lys upwards from the Mouth of the Deule, fhall be free, and no Tolls or Impofitions shall ever be established upon the fame.

XXIII. What has been agreed to in the 2d Article of this Treaty concerning a general Amnesty, fhall be deemed to be repeated here, and therefore there fhall be on either Side an Oblivion, and perpetual and reciprocal Amnesty of all Wrongs, Injuries, and Offences, which may have been committed during the War, by Way of Facts, Words or any other Manner, by the Subjects of the Spanish Netherlands, and of the Places and Countries yielded or restored, and on the other Hand by the Subjects of his most Christian Majefty, infomuch, that none of them on either Side may be difturbed or called to an Account by reason thereof.

XXIV. By virtue of this Peace, the Subjects of the most Christian King, and those of the Spanish Netherlands, and the Places yielded by his moft Christian Majesty, shall be allowed to Travel, Traffick, and Commerce as fair Merchants in each others Territories, in obferving the Laws and Customs thereof, and to fell, alienate and otherwise difpofe of their Eftates, Effects, Moveables and Immoveables, fituated in the Territories on both Sides; and any one, either Subjects or not Subjects, fhall be allowed to purchase the fame without being obliged to obtain any other Permiffion than the prefent Treaty. The faid Subjects of the Places and Territories refpectively restored, as alfo all thofe of the Spanish Netherlands, fhall be permitted to remove from the faid Places and Countries, and retire wherever they please, within a Year, with Power to fell their Eftates and other Effects to whom they fhall think fit, both before and after their Removal, without any Hindrance or Moleftation, directly or indirectly. Laftly, whatever has been established by former.Treaties, and Royal Decrees, on both Sides, for the Abolition of the Right of Aubain (Efcheat) for the Subjects of France and the Netherlands, as the fame has been hitherto obferv'd, shall be deemed as confirmed by thefe Prefents, and inviolably obferv'd for ever, as if the Whole was exprefly mentioned here.

XXV. The fame Subjects on either Side, Ecclefiafticks and Seculars, incorporated Bodies, Commonalties, Uni

verfities

verfities and Colleges, shall be restored to the Poffeffion of the Honours, Dignities and Benefices which they poffefs'd before the War; and also to all their respective Estates, Moveable and Immoveable, Rents and Incomes, that have been feized, by Reason of the War; as alfo their Rights, Actions, and Succeffions, fince devolved unto them, even during the War; but shall not be allowed to claim the Revenues thereof during the Course of the faid War, till the Publication of the Treaty of Raftat, which Restoration fhall be reciprocally made, notwithstanding all Donations, Conceffions, Declarations, Confifcations and Sentences that have been pronounced by Contumacy, without hearing the Parties, which shall be void and of no Effect, with an entire Liberty to the faid Parties to return into the Countries from whence they removed by Reason and upon Account of the War, to enjoy their Estates and Incomes by themfelves, or by Procuration given by them to others, comformably to the Laws and Customs of the faid Countries and States; in which Restitution are included fuch who in the late War, or by Reason thereof, have followed the Party of the two Powers who have made the prefent Treaty. Nevertheless the Arrefts and Judgments given by the Parliaments, Councils, and other fuperior or inferior Courts, from which it fhall not be exprefly derogated by the prefent Treaty, fhall take Place, and have their full and entire Effect; and fuch who. by virtue of the faid Arrests and Judgment shall be found in Poffeffion of Eftates and Lordships, fhall be maintained therein; however, without Prejudice to the Parties who fhall think themselves aggriev'd by the faid Judgments and Arrests, who fhall be allowed to apply themselves to competent Tribunals, in order to obtain the redreffing of their Grievances by the ordinary Course of Justice.

XXVI. As to the Rents affigned on the Generality of fuch Provinces of the Netherlands, which shall appear to be poffeffed in Part by his Imperial Majefty, and partly by his moft Chriftian Majefty, and others, it has been agreed, that each fhall pay his Quota thereof; and Commissaries fhall be appointed on all Sides to fettle the fame, and adjuft all other Difficulties and Difputes which are already in Being, relating to the Countries to be poffefs'd by the refpective Parties, and their Limits, or may arife hereafter by Reafon of the executing of this Treaty; which Commiffaries fhall meet in a Town to be agreed upon, and fhall be nam'd within two Months after the Conclufion of

this

this Treaty, in order to determine the faid Disputes with all poffible Expedition.

XXVII. As in the Countries, Towns, and Places of the, Spanish Netherlands, yielded by the most Chriftian King to the Emperor, feveral Benefices have been conferr'd by his moft Chriftian Majefty to Perfons of known Capacity, the faid Benefices, fo granted, fhall be preferved to fuch as poffefs them at prefent; and whatever concerns the Catho lick, Apoftolick, and Roman Religion, fhall be maintained in the Condition they were in before the War,' as well in respect to the Magiftrates, who are to be Roman Catholicks, as in Times paft, as in respect to the Bishops, Chapters, Monafteries, the Eftates belonging to the Order of Malta, and in general of all the Clergy, who shall be maintained in and restored to all their Churches, Liberties, Franchifes, Immunities, Rights, Prerogatives, and Honours, as they have been under the preceding Sovereigns of the Roman' Catholick Religion. All and every one of the faid Clergy in Poffeffion of any Ecclefiaftical Eftates, as Commanderies, Prebends, Parfonages Provostships, and other Benefices whatever, fhall be maintain'd therein, without being depriv'd of the fame, and shall enjoy their Revenues and In-. comes, and caufe the fame to be adminiftred and received as before; as also all Persons having Penfions affigued on the fame Benefices, either created by the Court of Rome, or by Briefs granted before the Beginning of the laft War, fhall enjoy the fame as before, without being depriv❜d of the fame upon any Pretence whatfoever.

XXVIII. The Commonalties and Inhabitants of all the Places, Towns and Countries yielded by the most Christian King in the Catholick Netherlands by the prefent Treaty, fhall be maintained in the free Enjoyment of all their Privileges, Prerogatives, Cuftoms, Exemptions, Rights, Grants general and particular, Places and Hereditary Offices, with the fame Honours, Salaries, Profits and Exemptions, as they enjoyed under the most Christian King, which is only to be understood of the Commonalties and Inhabitants. of the Places, Towns and Countries, which his faid Majefty poffefs'd immediately after the Conclufion of the Treaty of Ryfwick, and not of the Places, Towns and Countries which were poffeffed by the late King of Spain Charles II. at the Time of his Decease, whereof the Com monalties and Inhabitants fhall be maintain'd in the Pri vileges, Prerogatives, Cuftoms, Exemptions, Rights and Grants general and particular, Places, and Hereditary OffiVOL. II.

M

ces, which they enjoyed at the Time of the Death of the late King of Spain aforefaid.

XXIX. Likewise, if befides thofe Places in the Netherlands yielded to his most Christian Majefty, for which it is provided in the 27th Article, any Ecclefiaftical Benefices, mediate or inmmediate, which have been bestow'd during the War by either of the Parties, in the Countries or Places that were then in their refpective Subjection, upon Subjects who are capable thereof, according to the Rule of their first Institution, and lawful, general, or particular Statutes made on that Subject, or by other Canonical Difpofitions made by the Pope; the faid Benefices, and fuch as were given before the War in the fame Manner, shall be left to the prefent Poffeffors, in fuch a Manner, that they may not be difturbed in the Poffeffion and lawful Adminiftration thereof, nor in the Enjoyment of their Revenues; neither hall it be lawful, upon any Reason, either paft or prefent, to cite them before any Tribunal, or moleft them in any other Way whatfoever, upon Condition neverthe lefs, that they fhall perform and discharge whatever they are oblig'd to by Virtue of the faid Benefices.

XXX. His Imperial Majefty, and his most Christian Majefty, fhall not for any Caufe henceforward interrupt the Peace which is established by the prefent Treaty, refume Arms, and begin, under any Pretext whatever, any Act of Hoftility the one against the other; but on the contrary, fhall endeavour fincerely, and Bona Fide, and as real Friends, to corroborate more and more this mutual Friendfhip and good Understanding, so neceffary for the Good of Christendom. And whereas the most Christian King, fincerely reconciled with his Imperial Majefty, will not henceforward create any Trouble or Prejudice to him, his moft Chriftian Majefty promifes and engages to let his Im perial Majefty enjoy quietly and peaceably all the Territo ries and Places which he actually poffeffes, and which were formerly poffeffed by the Kings of the Houfe of Austria in Italy, namely, the Kingdom of Naples, as his Imperial Majefty poffeffes ir, the Dutchy of Milan, as his Imperial Majefty actually poffeffes it, the Ifland and Kingdom of Sardinia, as alfo the Ports and Places on the Coafts of Tuscany, which his Imperial Majefty poffeffes, and which were formerly poffeffed by the Kings of Spain of the House of Auftria, together with all the Rights belonging to the faid States of Italy, which his faid Imperial Majefty poffeffes, as the Kings of Spain exerored them from Philip I. to the lat deceafed King; his faid moft Chriftian Majefty giving his Royal Word never to trouble or difturb the Emperor and

the