Peace and Friendship Treaty of Utrecht between France and Great Britain
|Peace and Friendship Treaty of Utrecht between France and Great Britain (1713)||Peace and Friendship Treaty of Utrecht between Spain and Great Britain→|
|By the treaties' provisions, the Louis XIV's grandson Philippe, duc d'Anjou was recognized as King of Spain (as Felipe V), thus confirming the succession as stipulated in the will of the late King Carlos II. However, Philippe was compelled to renounce for himself and his descendants any right to the French throne, despite some doubts as to the lawfulness of such an act. In similar fashion various French princelings, including most notably the Duc de Berri (Louis XIV's youngest grandson) and the duc d'Orléans (his nephew), renounced for themselves and their descendents any claim to the Spanish throne.
In North America, France ceded to Great Britain its claims to the Hudson Bay Company territories in Rupert's Land, Newfoundland, and Acadia. France retained the Île-Saint-Jean (now Prince Edward Island) as well as the Île Royale (now Cape Breton Island), upon which it erected the fortress of Louisbourg.
WHEREAS it has pleased Almighty God, for the glory of his name, and for the universal welfare, to direct the minds of Kings for the healing, now in his own time, the miseries of the wasted world, that they are disposed towards one another with a mutual desire of making peace: be it therefore known to all and singular whom it may concern, that under his Devine guidance, the most Serene and most Potent Princess and Lady Anne, by the grace of God, Queen of Great Britain, France, and Ireland, and the most Serene and most Potent Prince and Lord Lewis the XIVth, by the grace of God, the most Christian King, consulting as well the advantage of their subjects, as providing (as faras mortals are able to do) for the perpetual tranquillity of the whole Christian world, have resoved at last to put an end to the war, which was unhappily kindled, and has been obstinately carried on above these ten years, being both cruel and destructive, by reason of the frequency of battles, and the effusion of Christian blood. And for promoting their royal purpose, of their own proper motion, and from that paternal care which they delight to use towards their own subjects, and the public weal of Christendom, have nominated and appointed the most noble, illustrious, and excellent Lords, their Royal Majesties respective Ambassadors Extrodinary and Plenipotentiares, viz. her Sacred Royal Majesty of Great Britain, the Right Reverend John, by Devine permission, Bishop of Bristol, Keeper of the Privy Seal of England, one of her Majesy's Privy Council, Dean of Windsor, and Register of the most noble Order of the Garter; as also the most Noble, Illustrious, and Excellent Lord, Thomas Earl of Strafford, Viscout Wentworth of Wentworth Woodhouse, and Stainborough, Baron of Raby, one of her Majesty's Privy Council, her Ambassador Extrodinary and Plenipotentiary to the High and Mighty Lords the States General of the United Netherlands, Colonel of the Royal regiment of Dragoons, Lieutenant General of her Majesty's forces, first Lord Commissioner of the Admiralty of Great Britian and Ireland, and Knight of the most Noble Order of the Garter; and his Sacred Royal most Christian Majesty, the most Noble, Illustrious, and Excellent Lords, Nicolas, Marquis of Huxelles, Marshal of France, Knight of the King's Orders, and Lieutenant General of the dukedom of Burgundy; and Nicolas Mesnager, Knight of the King's Order of St. Michael: and have furnished the said Ambassadors Extrodinary with full and ample power to treat, agree of, and conclude a firm and lasting peace between their Royal Majesties. Wherefor the afforsaid Ambassadors, after diverse and important consultations had in the congress held at Utrecht for that purpose, having at length overcome, without the intervention of any mediator, all the obsticles which hindered the end of so wholesome a design, and having invoked the Devine assistance, that God would be pleased to preserve this their work intire and unviolated, and to prolong it to the latest posterity, after having mutually communicated and duly exchanged their full powers (copies whereof are inserted word for word at the end of this instrument) they have agreed on the reciprocal notions of peace and friendship between their above-mentioned Majesties, and their people and subjects, as follows:
|I.||That there be an universal perpetual peace, and a true and sincere frienship, between the most Serene and most Potent Princess Anne, Queen of Great Britain, and the most Serene and most Ptotent Prince Lewis the XIVth, the most Christian King, and their heirs and successors, ans also the kingdoms, states, and subjects of both, as well without as within Europe; and that the same be so sincerely and invilably preserved and cultivated, that the one do promote the interest, honour, and advatage of the other, and that a faithful neighbourhood on all sides, and a secure cultivating of peace and friendship, do daily flourish again and increase.|
|II.||That all enmities, hostilities, discords, and wars, between the said Queen of Great Britain and the most Christian King, and their subjects, do cease and be abolished, so that on both sides they do wholly refrain and desist from all plundering, depredation, harm-doing, injuries, and annoyance whatsoever, as well by land, as by sea and fresh waters, in all parts of the world, chiefly through all tracts, dominions, and places of what kind soever, of the kingdoms countries, and territories of either side.|
|III.||All offences, injuries, harms, and damages which the aforesaid Queen of Great Britain, and her subjects, or the aforesaid most Christian King, and his subjects, have suffered the one from the other, during this war, shall be buried in oblivion, so that neither on account, or under pretence thereof, or of any other thing, shall either hereafter, or the jubjects of either, do or give, cause ore suffer to be done or given, to the other, any hostility, enmity, molestation, or hinderance, by themselves or by others, secretly or openly, directly or indirectly, under colour of right, or by way of fact.|
|IV.||Furthermore, for adding a greater strength to the peace which is restored, and to the faithful friendship which is never to be violated, and for cutting off all occasions of distrust, which might at any time arise from the established right and order of the hereditary succession to the crown of Great Britain, and the limitation thereof by the laws of Great Britain (made and enacted in the reigns of the late King William the Third, of glorious memory, and of the present Queen) to the issue of the abovesaid Queen, and in default thereof to the most Serene Princess Sophia, Dowager of Brunswic-Hanover, and her heirs in the Protestant line of Hanover. That therefore the said succession may remain safe and secure, the most Christian King sincerely and solemnly acknowledges the abovesaid limitation of the succession to the kingdom of Great Britain, and on the faith and word of a King, on the pledge of his own and his successors honour, he does declare and engage, that his heirs and successors do and shall accept and approve the same for ever. And under the same obligation of the word and honour of a King, the most Christian King promises, that no one besides the Queen herself, and her successors, according to the series of the said limitation, shall ever by him, or by his heirs or successors, be acknowledged or requted to be King or Queen of Great Britain. And for adding more ample credit to the said acknowledgement and promises, the most Christian King does engage, that whereas the person who, in the life-time of the late King James the Second, did take upon him the title of Prince of Wales, and since his decease, that of King of Great Britain, is lately gone, of his own accord, out of the kingdom of France, to reside in some other place, he the aforsaid most Christian King, his heirs and successors, will take all possible care that he shall not at any time hereafter, or under any pretence whatsoever, return to the kingdom of France, or to any the dominions thereof.|
|V.||Moreover, the most Christian King promises, as well in his own name, as in that of his heirs and successors, that they will at not time whatever disturb or give any molestation to the Queen of Great Britain, her heirs and successors, descended from the aforesaid Protestant line, who possess the crown of Great Britain, and the dominions belonging therunto. Neither will the aforesaid most Christian King, or any one of his heirs, give at any time any aid, succour, favour, or counsel, directly or indirectly, by land or by sea, in money, arms, ammunition, warlike provision, ships, soldiers, seamen, or any other way, to any person or persons, whosoever they be, who for any cause, or under any pretext whatsoever, should hereafter endevour to oppose the said succession, either by open war, or by formenting seditions and forming conspiracies against such Prince or Princes who are in possession of the throne of Great Britain, by virtue of the acts of parliament afore-mentioned, or against that Prince or Princess to whom the succession to the crown of Great Briain shall be open, according to the said acts of parliament.|
|VI.||Whereas the most destructive flame of war, which is to be extinguished by this peace arose chiefly from thence, that the security and liberties of Europe could by no means bear the union of the kingdoms of France and Spain under on and the same King; and wheras it has at length been brought to pass by the assistance of the Divine Power, upon the most earnest instances of her Sacred Royal Majesty of Great Britain, and with the consent of both of the most Christian and of the Catholic King, that this evil shold in all times to come be obviated, by means of renunciations drawn in the most effectual form, and executed in the most solemn manner, the tenor whereof is as follows:
Which admit the Renunciation of the King of Spain to the Crowns of France, and those of M. the Duke of Berry, and of M. the Duke of Orleans, to the Crown of Spain.
For these causes, and other important considerations us thereunto moving, after having seen in our council the said act of renunciation of the King of Spain, our said brother and grandson, of the fifth of November last, as also the acts of renunciation which our said grandson the Duke of Berry, and our said nephew the Duke of Orleans, made reciprocally of their rights to the crown of Spain, a well as for themselves as for their descendants, male and female, in consequence of the renunciation of our said brother and grandson the King of Spain, the whole hereunto annexed, with a copy coallated of the said letters patents of the nonth of December, 1700, under the counter-seal of our chancery, of our special grace, full power, and Royal authourity, we have declared, decreed, and ordained, and by these presents, signed with our hand, we do declare, decreee and ordain, we will, and it is our pleasure, that the said act of renunciation of our said brother and grandson the King of Spain, and those of our said grandson the Duke of Berry, and of our said nephew the Duke of Orleans, which we have admitted and do admit, be registered in all our courts of parliament, and chambers of our accounts in our kingdom, and other places where it shall be necessary in order to their being executed according to their form and tenor. And consequently, we will and intend, that our said letters patent of the month of December 1700, be and remain null, and as if they had never been made, that they be brought back to us, and that in the margin of the registers of our said court of parliament, and of our said chamber of accounts, where the enrolment of the said letters patents is, the extract of these presents be placed and inserted, the better to signify our intention as to the revocation and nullity of the said letters. We will, that in conformity to the said act of renunciation of our said brother and grandson the King of Spain, he be from henceforth looked upon and considered as excluded from our succession, that his heirs, successors, and descendants be likewise excluded for ever, and looked upon as incapable of enjoying the same. We understand that in the failure of them, all rights to our said crown, and succession to our dominions, which might at any time whatsoever belong and appertain to them, be and remain transferred to our most dear and most belved grandson the Duke of Berry, and to his children and descendants, being males born in lawful marriage; and successively, in failure of them, to those of the Princes of our Royal House, and their descendants, who in right of their birth, or by the order established since the foundation of our monarchy, ought to succeed to our crown. And so we command our beloved and trusty counsellors, the members of our court of parliament at Paris, that they do cause these presents, together with the acts of renunciation made by our said brother and grandson the King of Spain, by our said grandson the Duke of Berry, and by our said nephew the Duke of Orleans, to be read, published, and registered, and the contents thereof to be kept, observed, and executed, according to their form and tenor, fully, peacably, and perpetually, ceasing, and causing to cease, all molestations and hinderances, notwithstanding any laws, statutes, usages, customs, decrees, regulations, and other matters contrary thereunto; whereto, and to the derogations of the derogations therein contained, we have derogated, and do derogate by these presents, for this purpose only, and without being brought in to precedent. For such is our pleasure.
And to the that this may be a matter firm and lasting for ever, we have caused our seal to be affixed to these presents. Given at Versailles, in the month of March, in the year of our Lord 1713, and of our reign the seventieth. Signed, LEWIS; and underneath, By the King Phelypeaux. Visa Phelypeaux. And sealed with the great seal on green wax, with strings of red and green silk.
WHEREAS, on the 5th of November, in this present year 1712, before Don Manuel of Vadillo and Velasco, my secretary of state, and chief notary of the kindoms of Castille and Leon, and witnesses I delivered, swore to, and signed a public instrument of the tenor following, which is word for word as here ensues:
D. Philip, by the grace of God, King of Castille, Leon, Arragon, the Two Sicilies, Jerusalem, Navarre, Granada, Toledo, Valentia, Galicia, Majorca, Seville, Sardinia, Corduba, Corsica, Murcia, Jaen, the Alarves, Algezira, Gibralter, the Canary Islands, the East and West Indies, the Islands and Terra Firma of the ocean, Archduke of Austria, Duke of Burgundy, Brabant, and Milan, Count of Habspurg, Flanders, Tirol, and Barcelona, Lord of Biscay, and Molina, &c. By the account and informaiton of this instument and writing of renunciation and relinquishment, and that it may remain for perpetual remembrance, I do make known and declare to Kings, Princes, Potentates, Commonwealths, Communities, and particular persons, which now are, and shall be in future ages; That it is being on of the principal positions of the treaties of peace depending between the crowns of Spain and of France, with that of England, for the rendering it firm and lasting, and proceeding to a general one, on the maxim of securing for ever the universal good and quiet of Europe, by an equal weigh of power, so that many being united in one, the balance of the equality desired might not turn to the advantage of one, and the danger and hazard of the rest; it was proposed and insisted on by England, and it was agreed to on my part, and on that of the King my grandfather, that for avoiding at any time whatever the union of his monarchy with that of France, and the possibility that it might happen in any case, reciprocal renunciations should be made by me, and for all my descendants, to the possibility of succeeding to the monarcy of France, and on the part of those Princes, and of all their race, present and to come, to that of succeeding to this monarchy; by forming a proper project of abdication of all rights which might be claimed by the two Royal houses of this and that monarchy, as to their succeeding mutually to each other; by separation by the legal means of my renunciation, my branch from the Royal stem of France, and all the brances of France from the stem of the blood-royal of Spain; by taking care at the same time, in persuance of the fundamental and perpetual maxim of the balance of power in Europe, which persuades and justifies the avoiding, in all cases imaginable, the union of the monarchy of France with that of Spain, that the inconvenience should likewise be provided against, lest in default of my issue, the case should happen that this monarchy should devolve again to the House of Austria, whose dominions and dependencies, even without the union of the Empire, would make it formidable; a motive which at other times made it justifiable to separate the hereditary dominions of the House of Austria from the body of the Spanish monarchy; it being agreed and settled to this end by England with me, and with the King my grandfather, that in failure of me and of my issue, the Duke of Savoy, and his suns and descendants, being males, born in constant lawful marriage, are to enter upon the succession of this monarchy; and in default of his male line, the Prince Amadeo of Carignan, and his sons and descendants, being males, born in constant lawful marriage; and in default of his line, Prince Thomas, brother of the Prince of Carignan, his sons and descendants, being males, born in constant lawful marriage, who, as descendants of the Infanta Donna Catharina, daughter of Philip the Second, and being expressly called, have a clear and known right, supportion the friendship and perpetual alliance which the Duke of Savoy, and his descendants, are to solicit and obtain from this crown; it being to be believed, that by this perpetual and never-ceasing hope, the needle of the balance may remain invariable, and all the Powers, wearied with the toil and uncertainty of battles may be amicably kept in an equal poise, it not remaining in the sisposal of any of the parties to alter this federal equalibrium by way of any contract of renunciation, or retrocession, since the same reason which induced its being admitted, demonstrates its permanency, a fundamental constitution being formed, which may settle by an unalterable law the succession of what is to come. In consequence of what is above said, and for the love I bear to the Spaniards, and from the knowledge I have of what I owe to them, and the repeated experience of their fidelity, and for making a return to Divine Providence, by this resignation to its destiny, for the great benefit of having placed and maintained me on the throne, among such illustrious and well-deserving vassals, I hve deterined to abdicate, for myself, and all my descendants, the right of succeeding to the crown of France, desiring not to depart from living and dying with my beloved and faithful Spaniards; leaving to all my descendants the inseparable bond of their fidelity and love. And to the end that this resolution may have its due effect, aand that the matter may cease which has been looked upon as one of the pricipal motives of the war which has hitherto afflicted Europe, of my own motion, free, spontaneous, and unconstrained will, I Don Philip, by the grace of God, King of Castille, Leon, Arragon, the Two Sicilies, Jerusalem, Navarre, Granada, Toledo, Valentia, Galicia, Majorca, Seville, Sardinia, Corduba, Corsica, Murcia, Jaen, the Alarves, Algezira, Gibralter, the Canary Islands, the East and West Indies, the Islands and Terra Firma of the ocean, Archduke of Austria, Duke of Burgundy, Brabant, and Milan, Count of Habspurg, Flanders, Tirol, and Barcelona, Lord of Biscay, and Molina, &c. do by this present instument, for myself, for my heirs and successors, renounce, quit, and relinquish, for ever and ever, all pretentions, rights, and titles, which I have or any descendant of min hath at present, or may have at any time to come, to the succession of the crown of France; and I delcare, and hold myself for the excluded and separated, me and my sons, heirs, and descendants for ever, for excluded and disabled absolutely, and without limitation, difference, and distinction of persons, degrees, sexes, and times, from the act and right of succeeding to the crown of France. And I will and consent, for myself and my said descendants, that now, as well as then, it may be taken to be passed over and transferred to him, who by mine and their being excluded, disabled and incapacitated, shall be found next and immediate in degree to the King by whose death it shall become vacant; and thsuccession to the said crown of Frnce is at any time, and in any case, to be settled on and given to him, to have and to hold the same as true and lawful successor, in the same manner as if I and my descendants had not been born, or been in the world; since for such ar we to be held and esteemed, because in my person, and that of my descendants, there is no consideration to be had, or foundation to be made of active or passive representation, beginning, or continuation of lineage effective, oncontentive of substance, blood, or quality, nor can the descent or computation of degrees of those persons be derived from the most Christian King, my lord and grandfather, nor from the Dauphin, my father, nor from the glorious Kings their progenitors, nor by any other means can they come into succession, nor take possession of the degree of proximity and exclude from it the person who, as is abovesaid, shall be found next in degree. I will and consent for myself, and for my descendants, that from this time, as well as then, this right be looked upon and considered as passed over and transferred to the Duke of Berry, my brother, and to his sons and descendants, being males, born in constant lawful marriage; and in default of his male issue, to the Duke of Orleans, my uncle, and to his sons and descendants, being males, born in constant lawful marriage; and in default of his issue, to the Duke of Bourbon, my cousin, and to his sons and descendants, being males, born in constant lawful marriage; and in like manner successively to all the Princes of the blood of France, their sons and descendants, being males, for ever and ever, according to the place and order in which they shall be called to the crown by right of their birth; and consequently to that person among the said Princes, who (and all my said descendants being, as is abovesaid, excluded, disabled, and incapacitated) shall be found the nearest in immediate degree after that King by whole death and vacancy of the crown of France shall happen, and to whom the succession ought to belong at any time, and in any case whatsoever, that he may possess the same as true and lawful successor, in the same manner as if I and my descendants had not been born. And for the grater strength of this act of abdication of all the rights and titles which appertained to me, and to all my sons and descendants, of succeeding to the aforesaid crown of France, I depart from and relinquish especiall that which might moreover accrue to the righs of birth from the letters patents, or instrument, whereby the King my grandfather preserved and reserved to me, and enabled me to enjoy the right of succession to the crown of France, which instrument was dispatced at Versailles in the month of December, in the year 1700, and passed and approved, and registered by the Parliament. I will that it cannot serve me for a foundation to the purposes therin provided for, and I reject and renounce it, and hold it for null, void, and of no force, and for cancelled, and as if no such instrument had ever been executed. I promise and oblige myslef, on the faith of a King's word, that as much as shall relate to my part, and that of my sons and descendants, which are and shall be, will take care of the observation and accomplishment of this writing, without permitting or consenting that any thing be done contrary thereunto, directly or indirectly, in the whole, or in part; and I relinquish and depart from all and all manner of remedies, known or unknown, ordinary or extrodinary, and which by common right or special privilege, might belong to us, to me, and to my sons and descendants, to reclaim, mention, or alledge against what is abovesaid; and I renounce them all, and especially that of evident prejudice, enormous, and most enormous, which may be reckoned to have happened in this relinquishment and renunciation of the right of being able at any time to succeed to the crown aforemention. I will that none of the said remedies nor others, of whatsoever name, use, importance, and quality they meay be, do avail us, or can avail us. And if in fact, or under any colour, we should endeavor to seize the said kingdom by force of arms, by making or moving war, offensive or defensive, from this time for ever, that is to be held, judged, and declared, for an unlawful, unjust, and wrongfully undertaken war, and for violence, invasion, and usurpation, done against reason and conscience; and on the contrary, that is to be judged and esteemed a just, lawful, and allowed war, which shall be made or moved in behalf of him who, by the exclusion of me, and of my said sons and descendants, ought to succeed to the said crown of France, to whom the subjects and natives thereof are to apply themselves, and to obey him, to take and perform the oath and homage of fealty, and to serve him as their lawful king and lord. And the relinquishment and renunciation, for me, and my said sons and descendants, is to be firm, stable, valid, and irrevocable perpetually, for ever and ever. And I declare and promise, that I have not made, neither will I make, any protestation or reclaiming, in public or in secret, to the contrary, which may hinder or diminish the force of what is contained in this writing; and that if I should make it, although it be sworn to, it is not to be valid, neither can it have any force; and for the greater strength and security of what is contained in this renunciation, and of what is said and promised on my part therein, I give again the pledge of my faith and Royal word, and I swear solemnly by the Gospels contained in this Missal, upon which I lay my right hand, that I will observe, maintain, and accomplish this act and instrument of renunciation, as well for myself as for all my successors, heirs, and descendants, in all the clauses therein contained, according to the most natural, literal, and plain sense and construction; and that I have not fought, neither will I seek, any dispensation from this oath; and if it shall be sought for by any particular person, or shall be granted motu proprio, I will not use it, nor take any advantage of it. Nay, in such case as that it should be granted me, I make another the like oath, that there may always be and remain one oath above and beyond all dispensations which may be granted me. And I deliver this writing before the present secretary, notary of this my kingdom, and I have signed it, and commanded it to be sealed with my Royal seal; there being provided and called as witnesses, the Cardinal Don Frantisco de Judice, Inquisitor General, and Archbishop of Montreal, one of my Council of State; Don Joseph Fernandez, of Velasco and Tobar, Constable of Castille, Duke of Frias, Gentleman of my Chamber, my High Steward off my Houshold, great Cup-bearer, and great Huntsman; Don Juan Claros Alsonso Perez de Gusman el Bueno, Duke of Medina Sidonia, Knight of the Order of the Holy Ghost, my great Masler of the Horse, Gentleman of my Chamber, and one of my Council of State; Don Francisco Andres de Benavides, Count of Santistevan, one of my Council of State, and High Steward to the Queen; Don Carlos Homodei Laco de la Vega, Marquis of Almonacir, and Count of Casa Palma, Gentleman of my Chamber, one of my Council of State, and Great Master of the Horse to the Queen; Don Restayno Cantelmo, Duke of Popoli, Knight of the Order of the Holy Ghost, Gentleman of my Chamber, and Captain of my Italian Life Guards; Don Fernando of Arragon and Moncada, Duke of Montalto, Marquis of los Velez, Commander of Silla and Benaful in the Order of Montessa, Gentleman of my Chamber, and one of my Council of State; Don Antonio Sebastian de Toledo, Marquis of Mansera, Gentleman of my Chamber, one of my Council of State, and President of that of Italy; Don Juan Domingo, of Haro and Guzman, great Commander in the Order os St. James, one of my Council of State; Don Joachim Ponce de Leon, Duke of Arcos, Gentleman of my Chamber, great Commander in the Order of Calatrava, one of my Council of State; Don Domingo de Giudice, Duke of Giovenazzo, one of my Council of State; Don Manuel Coloma, Marquis of Canales, Gentleman of my Chamber, one of my Council of State, and Captain General of the Artillery of Spain; Don Joseph de Solis, Duke of Mentellano, one of my Councils of State; Don Rodrigo Manuel Manrique de Lara, Count of Frigiliana, Gentleman of my Chamber, one of my Council of State, and President of that of the Indies; Don Isidro de la Cueva, Marquis of Bedmar, Knight of the Order of the Holy Ghost, Gentleman of my Chamber, one of my Council of State, President of that of the Orders, and Oft Minister of War; Don Francisco Ronquillo Briceno, Count of Gramedo, Governor of my Council of Castille; Don Lorenzo Armangual, Bishop of Gironda, one of my Council and Chamber of Castille, and Governor of that of the Revenues; Don Carlos de Borja and Centellas, Patriarch of the Indies, one of my Council of the Orders, my Chaplain and Great Almoner, and Vicar General of my Armies; Don Martin de Guzman, Marquis of Montealegre, Gentleman, of my Chamber, and Captain of my Guard of Halberdiers; Don Pedro de Toledo Sarmiento, Count of Gondomar, one of my Council and Chamber of Castille; Don Francisco Rodrigues de Mendarosqueta, Commissary General of the Cruzada; and Don Melchior de Avellaneda, Marquis of Valdecanas, one of my Council of War, and Director General of the Infantry of Spain.
Manuel de Vaddilo y Velasco.
I Don Francisco Antonio le Quincoces, Knight of the Order of St. James, one of his Majesty's Council, and Secretary of that of the Chamber, and of State of Castille, Public Notary and Writer in his kingdoms and dominions,
Do certify, that in pursuance of the proposition which the King our Lord (whom God preserve) made to the kingdom assembled in Cortes, represented by all the knights deputies from the cities and towns which have a vote therein, the fifth day of this present month and year, in his Royal palace of Buen Retiro, and upon sight of the instrument of renunciation, delivered by his Majesty the same day, month, and year, before Don Manuel of Vadillo and Velasco, his Secretary of State, and Public Notary and Writer in all his kingdoms and dominions, which his Majesty ordered him to present, and which was read and published in the meeting of the Cortes, which the kingdom held for this alone, the ninth of this month, the following resolution was agreed upon:
That the most humble representation be made by the kingdom, laying ourselves at the Royal feet of his Majesty, giving him immortal thanks for the immense benefits, and exceeding great favours, wherewith he has been pleased to honour and exalt the Spanish nation, by taking care of the greatest good and advantage of his most loving vassals, by procuring to this monarchy the ease of this desired peace and tranquillity. And that the kingdom, desiring on their part to contribute to the attaining the Royal intention of his Majesty, assents to, and if it were necessary for the greater authority, validity, and strength, approves and confirms the renunciation which his Majesty is pleased to make for himself, and in the name of all his Royal descendants, to the succession which possibly may happen of the monarchy of France, with this circumstance, that the like renunciation to this crown is to be executed by the Princes of that Royal family, and their descendants: and likewise the perpetual exclusion of the House of Austria from the dominions of this monarchy; and in like manner, in case of failure (which God forbid) of the Royal issue of his Majesty, the calling of the House of the Duke of Savoy, and of ail his sons, and male descendants, born in constant lawful matrimony; and in default of all these lines, of the Prince Amadeus of Carignan, his sons, and male descendants, born in constant lawful matrimony; and in failure thereof, of the Prince Thomas, brother of the said Prince of Carignan, his sons, and male descendants, born in constant lawful matrimony, who as decsendants of the Infanta Donna Catharina, daughter of Philip the Second, and being expressly called, have a clear and known right, supposing the friendship and perpetual alliance with this crown, which ought to be sought and obtained by the Duke of Savoy, and his descendants. And that the kingdom approves, agrees to, and ratifies all these three things, and each of them, with the same qualities, conditions; and suppositions, as are expressed, inferred, and concluded in the said instrument of renunciation executed by his Majesty, which has been mentioned and referred to. And lastly, that for securing and establishing the strength of these treaties, these kingdoms oblige themselves, with all their power and force, to cause to be maintained the Royal resolutions of his Majesty, sacrificing in his Royal service, even to the last drop of their blood, offering to his Majesty their lives and fortunes in token of their love. And that for the eternal remembrance and observance of the Royal deliberation of his Majesty, and agreement of the kingdom, it be desired in their name (as in effect they have desired and petitioned by their representation and consultation made the same ninth day of this month) that his Majesty would be pleased to order, that by annulling all that shall be found to the contrary, it be established as a fundamental law, as well the aforesaid renunciations; as the perpetual exclusion of the House of Austria from the dominions of this crown, and the calling of that of Savoy to the succession of these kingdoms, in default (which God forbid) of descendants from his Majesty; which the kingdom, with the approbation of his Majesty, does even now agree to, as the foundation whereon depends the greatest good and advantage of this monarchy, so much pursued, favoured, and exalted by the Royal benevolence of his Majesty.
And the King our lord, having agreed to this unanimous and uniform resolution and representation of all the knights deputies in the Cortes of the kingsisdom, he has been pleased, by his Royal decree of the seventeenth of this month, to command it to be remitted to his supreme council, jointly with the writing of renunciation, ordaining that the tenor of the law be forthwith formed, extended, and disposed, with all the circumstances of clearness and strength, for its more inviolable and perpetual observation.
As all that is abovesaid does more largely appear from the aforementioned instruments, the resolution, and supplication of the kingdom, which are cited, and to which I refer. And this certificate, signed with my hand, sealed with the seal of the Royal arms of his Majesty, I give by virtue of his Royal order, in the paper of the Marquis of Mejorada and of Brena, one of his Council, Gentleman of his Chamber, his Secretary of State, and of the universal dispatch. At Madrid, the ninth of November, 1712
For this purpose the King, our most honoured lord and grandfather, and the King of Spain, our most dear brother, have agreed and concluded with the Queen of Great Britain, that reciprocal renunciations shall be made by all the Princes, both present and to come, of the crown of France, and of that of Spain, of all rights which may appertain to each of them, to the, succession of the one or of the other kingdom, by establishing an habitual right to the succession to the crown of Spain, in that line which, shall be made capable thereof, and declared immediate after that of King Philip the Fifth our brother, by the Estates of Spain, who were to assemble for this purpose; by making an immoveable balance to maintain the equilibrium, which is intended to be placed in Europe, and by going on to particularise all the cases of union which are foreseen, to serve as an example for all such as may happen. It has likewise been agreed and concluded between the King our most honoured lord and grandfather, King Philip the Fifth, our brother, and the Queen of Great Britain, that the said King Philip shall renounce for himself, and for all his descendants, the hopes of succeeding to the crown of France; that on our side we shall renounce in like manner, for us, and for our descendants, the crown of Spain; that the Duke of Orleans, our most dear uncle, shall do the same thing: so that all the lines of France and of Spain, respectively and relatively, shall be excluded for ever, and by all kind of ways, from all the right which the lines of France might have to the crown of Spain, and the lines of Spain to the crown of France: and lastly, that care shall be taken, that under pretence of the said renunciations, or under any other pretence whatsoever, the House of Austria may not make use of the pretensions which it might have to the succession of the monarchy of Spain; forasmuch as by uniting this monarchy to the hereditary countries and dominions of that House, it would become formidable, even without the union of the Empire, to the other Powers, which are between both, and which would find themselves as it were surrounded; which would destroy the equality that is establishing at present, to secure and strengthen more perfectly the peace of Christendom, and to take away all manner of jealousy from the Powers of the North and of the West, which is the end that is proposed by this political equilibrium, by removing and excluding all these branches, and calling to the crown of Spain, in default of the lines of King Philip the Fifth, our brother, and of all his children and descendants, the House of the Duke of Savoy, which descends from the Infanta Catharina, daughter of Philip the Second; it having been considered, that in making the said House of Savoy succeed immediately in this manner, this equality and balance between the three Powers may be fixed as it were in its centre, without which it would be impossible to extinguish the flame of war which has been kindled, and is capable of destroying every thing.
Being willing therefore to concur by our relinquishment, and by the abdication of all our rights, for us, our successors and descendants, to the establishing of the universal repose, and the securing the peace of Europe, because we believe that this method is the surest and most effectual in the terrible circumstances of this conjuncture, we have resolved to renounce the hopes of succeeding to the crown of Spain, and all the rights thereunto, which belong to us, and may belong to us, under any title, and by any means whatsoever. And to the end that this resolution may have its full effect, and also by reason that King Philip the Fifth, our brother, did on his part, the fifth of this present month of November, make his renunciation of the crown of France, we of our mere, free, and frank will, and without being moved thereunto by any respectful awe, or by any other regard, except those above-mentioned, do declare, and hold ourselves from this present, we, our children, and descendants, excluded and disabled absolutely for ever, without limitation or distinction of persons, degrees, or sexes, from every act, and from all right of succeeding to the crown of Spain. We will and consent, for us, our said children, and descendants, that from this time, and for ever, we and they, in consequence of these presents, be held to be excluded and disabled, in like manner as all the other descendants of the House of Austria, who, as it has been said and supposed, ought also to be excluded, in whatever degree we may be, both the one and the other; and if the succession falls to us, our line, that of all our descendants, and all the others of the House of Austria, as it has been said, ought to be separated and excluded therefrom. That for this reason the kingdom of Spain be accounted as devolved and transferred to him, to whom in such case the succession ought to devolve and be transferred at any time whatsoever, so that we do take and hold him for true and lawful successor, because for the same reasons and motives, and in consesisquence of these presents, neither we, nor our descendants, ought any more to be considered as having any foundation of representation, active or passive, or making any continuation of line effective, or contentive of substance, blood or quality, or likewise to derive any right from our descent, or to reckon our degrees from the persons of the Queen Maria Theresa of Austria, our most honoured lady and grandmother, of the Queen Anne of Austria, our most honoured lady and great-grandmother; or of the glorious Kings their ancestors; on the contrary, we ratify the clauses of their wills, and the renunciations made by the said ladies, our grandmother and great-grandmother; we renounce likewise the right which may belong to us, and to our children and descendants, by virtue of the will of King Charles the Second, which, notwithstanding what is above-mentioned, calls us to the succession of the crown of Spain, in case of failure of the line of Philip the Fifth. We therefore relinquish this right, and renounce the same, for us, our children, and descendants; we promise and engage, for us, our said children and descendants, to employ ourselves with all our might in causing this present act to be fullfilled, without allowing or suffering that the same be violated, directly or indirectly, in the whole or in part; and we relinquish all means, ordinary or extraordinary, which by common right, or by any special privilege, might belong to us, our children, and descendants; which means we likewise renounce absolutely and particularly, that of evident, enormous, and most enormous prejudice, which may be found in the said renunciation of the succession to the crown of Spain. And we will, that none of the said means may or can have any effect, and that if, under this pretext, or any other colour, we would possess ourfelves of the said kingdom by force of arms, the war which we should make, or stir up, be deemed unjust, unlawful, and unduly undertaken. And on the contrary, that the war which he should make upon us, who by virtue of this renunciation should have right to succeed to the crown of Spain, be deemed just and allowable. And that all the subjects and people of Spain do acknowledge him, obey him, defend him, do him homage, and swear fealty to him, as to their King and lawful lord.
And for the greater security of all that we say and promise for ourselves, and in the name of our children and descendants, we swear solemnly on the Gospels contained in this Missal, upon which we lay our right hand, that we will keep, maintain, and fulfill the same in all and every part thereof; that we will never ask to be relieved from the same, and if any one do ask it for us, or if it be granted us motu proprio, we will not make use or take advantage of it. But rather, in case it should be granted us, we over and above make this other oath, and this shall subsist and remain for ever, whatever dispensations may be granted us. We swear and promise likewise, that we have not made, neither will we make, in public or in secret, any protestation or reclamation to the contrary, which may hinder what is contained in these presents, or lessen the force thereof; and if we should make any, whatever oaths they may be accompanied with, they shall not have any force or virtue, or produce any effect. In witness whereof, and to render these presents authentic, they have been passed before masters Alexander le Fevre, and Anthony le Moyne, counsellers to the King, notaries, minute-keepers to his Majesty, and seal-keepers in the Chatelet of Paris, here-under written, who have wholly delivered this present act; and for causing these presents to be published and registered, wherever it shall be necessary, Lord the Duke of Berry has constituted the bearers of these dispatches, by duplicates thereof, his general and special attornies, to whom my said Lord has, by these said presents, given special power and authority in that behalf. At Marly, the twenty-fourth day of November, 1712, before noon, and has signed the present duplicate and another, and the minute thereof remaining in the hands of the said le Moyne, notary.
Le Fevre, Le Moyne.
By my said Lord, Barbey.
P H I L I P, grandson of France, Duke of Orleans, Valois, Chartres, and Nemours: to all Kings, Princes, Commonwealths, Potentates, Communities, and to all persons, as well present as to come, we make known by these presents; that the fear of the union of the crowns of France and Spain, having been the principal motive of the present war, and the other Powers of Europe having always apprehended lest these two crowns should come upon one head, it has been laid down as the foundation of the peace, which is treated of at present, and which it is hoped may be cemented more and more, for the repose of such a number of countries which have sacrificed themselves, as so many victims, to oppose the dangers wherewith they thought themselves threatened, that it was necessary to establish a kind of equality and equilibrium between the Princes who were in dispute, and to separate for ever, in an irrevocable manner, the rights which they pretend to have, and which they defended, sword in hand, with a reciprocal slaughter on each hide.
That with intent to establish this equality, the Queen of Great Britain proposed, and upon her insistances it has been agreed by the King, our most honoured lord and uncle, and by the Catholic King, our most dear nephew, that for avoiding at any time whatsoever the union of the crowns of France and Spain, reciprocal renunciations should be made, that is to say, by the Catholic King Philip the Fifth our nephew, for himself, and for all his descendants, of the succession to the crown of France; as also by the Duke of Berry, our most dear nephew, and by us, for ourselves, and for all our descendants, of the crown of Spain; on condition likewise, that neither the House of Austria, nor any of the descendants thereof, shall be able to succeed to the crown of Spain, because this House itself, without the union of the Empire, would become formidable, if it should add a new power to its ancient dominions; and consequently this equilibrium, which is designed to be established for the good of the Princes and States of Europe, would cease. Now it is certain, that without this equilibrium, either the states suffer from the weight of their own greatness, or envy engages their neighbours to make alliances to attack them, and to reduce them to such a point, that these great Powers may inspire less fear, and may not aspire to, an universal monarchy.
For attaining the end which is proposed, and by reason that his Catholic Majesty has on his part made his renunciation the fifth of this present month, we consent that, in failure of Philip the Fifth, our nephew, and of his descendants, the crown of Spain do pass over to the House of the Duke of Savoy, whose rights are clear and known, inasmuch as he descends from the Infanta Catharina, daughter of Philip the Second, and as he is called by the other Kings his successors; so that his right to the succession of Spain is indisputable.
And we desiring on our side to concur towards the glorious end, which is proposed for re-establishing the public tranquillity, and for preventing the fears which the rights of our birth, or all others which might appertain unto us, might occasion, have resolved to make this relinquishment, this abdication, and this renunciation of all our rights, for ourselves, and in the name of all our successors and descendants; and for the accomplishing of this resolution, which we have taken of our mere, free, and frank will, we declare and hold ourselves from this present, us, our children, and descendants, for excluded and disabled, absolutely, and for ever, and without limitation or distinction of persons, of degrees, and of sexes, from every act, and from all right of succeeding to the crown of Spain. We will and content, for us and our descendants, that from this time, and for ever, we be held, we and ours, for excluded, disabled, and incapacitated, in whatever degree we may happen to be, and in what manner soever the succession may fall to our line, and to all others, whether of the House of France or of that of Austria; and of all the descendants both of the one, and the other House, which, as it is said and supposed, ought likewise to hold themselves for cut off and excluded; and that for this reason, the succession to the said crown of Spain be deemed, to be devolved and transferred to him to whom the succession of Spain ought to be transferred, in such case, and at any time whatsoever; so that we do take and hold him for true and lawful successor, because neither we, nor our descendants, ought any more to be considered as having any foundation of representation, active or passive, or making a continuation of a line effective, or contenting of substance, blood, or quality, nor ought we to derive any right from our descent, or reckon the degrees from Queen Anne of Austria, our most honoured lady and grandmother, nor from the glorious Kings her ancestors. On the contrary, we ratify the renunciation which the said lady Queen Anne made, and all the clauses which the kings Philip the Third and Philip the Fourth inferred in their wills. We renounce in like manner all the right which may appertain to us, and to our children and descendants, by virtue of the declaration made at Madrid, the twenty-ninth of October, 1703, by Philip the Fifth King of Spain, our nephew; and any right which might appertain to us, for us, and our descendants, we relinqish the same, and renounce it for us and for them; we promise and engage, for us, our said children and descendants, present and to come, to employ ourselves, with all our might, in causing these presents to be observed and fulfilled, without allowing or suffering that directly or indirectly the same be violated, whether in the whole or in part. And we relinquish all means, ordinary or extraordinary, which by common right, or any special privilege, might appertain to us, our children, and descendants; which means we renounce absolutely, and in particular that of evident, enormous, and most enormous prejudice, which may be found in the renunciation of the succession to the said crown of Spain; and we will that any of the said means neither may nor can serve or avail us. And if under this pretext, or any other colour whatever, we would possess ourselves of the said kingdom of Spain by force of arms, that the war which we should make, or stir up, be held for unjust, unlawful, and unduly undertaken; and that on the contrary, that which he should make upon us, who by virtue of this renunciation should have right to succeed to the crown of Spain, be held for just and allowable; and that all the subjects and people of Spain do acknowledge him, obey him, defend him, do homage to him, and take the oath of fealty to him, as to their king and lawful lord.
And for the greater assurance and security of all that we say and promise, for us, and in :the name of our successors and descendants, we swear solemnly on the holy Gospels contained in this Missal whereon we lay our right hand, that we will keep, maintain, and fulfil the same, wholly and entirely, and that we will at no time ask to have ourselves relieved therefrom; and if any person asks it, or if it is granted us motu proprio, we will not make use or avail ourselves thereof; but rather, in case it should be granted us, we make another oath, that this shall subsist and remain for ever, what dispensation soever may be granted us. We further swear and promise, that we have not made, neither will we make, either in public or in secret, any protestation or reclamation to the contrary, which may hinder that which is contained in these presents, or lessen the force thereof, and if we should make any, what oath soever they may be attended with, they shall not have either force or virtue, or produce any effect.
And for greater security, we have passed and do pass the present act of renunciation, abdication, and relinquishment, before masters Anthony le Moyne and Alexander le Fevre, counsellors to the King, notaries, minute-keepers and seal-keepers at the Chatelet of Paris, here-under written, in our palace royal at Paris, 1712, the nineteenth of November, before noon; and for causing these presents to be insinuated and registered in every place where it shall appertain, we have constituted the bearer to be our attorney, and we have signed these presents, and the minute thereof remaining in the possession of the said le Fevre, notary.
Le Moyne, Le Fevre.
By my said Lord, Barbey.
For these causes, and other great considerations us hereunto moving, of our special grace, full power, and royal authority, we have resolved, declared, and ordained, and by these presents, signed with our hand, we do resolve, declare, and ordain, we will, and it is our pleasure, that our most dear and most beloved grandson the King of Spain do preserve for ever the rights of his birth, in the same manner as if he made his actual residence in our kingdom; wherefore our most dear and most beloved only son the Dauphin, being the true and lawful successor and heir of our crown, and of our dominions, and after him our most dear and most beloved grandson the Duke of Burgundy, if it should happen (which God forbid) that our said grandson the Duke of Burgundy should come to die without male children, or that those which he should have in good and lawful marriage should die before him, or if the said male children should not leave any male children after them, born in lawful marriage, in such case our said grandson the King of Spain, making use of the rights of his birth, is to be the true and lawful, successor to our crown, and to our dominions, notwithstanding he should be at that time absent, and residing out of our said kingdom; and immediately after his decease, his heirs male begot in lawful marriage, shall come into the said succession, notwithstanding that they may be born, or that they may, dwell out of our kingdom; we will that, for the abovesaid causes, neither our said grandson the King of Spain, nor his children, being males, be deemed and reputed less able and capable to enter upon the said succession, or upon others which may fall to them within our said kingdom. On the contrary, we intend, that all rights, and generally other things whatever, which may at present, or for the future, belong and appertain to them, be and remain preserved whole and intire, as if they did reside and dwell constantly within our kingdom to the time of their decease, and as if their heirs had been natives and inhabitants of the kingdom; having for this purpose, as far as there is or shall be need, enabled and dispensed with them, as we do enable and dispense with them by these presents. And so we give it in command to our beloved and trusty counsellors, the members of our Court of Parliament, and Chamber of our Accounts at Paris, Presidents and Treasurers General of France in the office of our Exchequer established in the same place, and to all others our officers and justices to whom it shall appertain, that they cause these presents to be registered, and our said grandson the King of Spain, his children and descendants, being male, born in lawful marriage, to enjoy and use the contents thereof, fully and peaceably, any thing to the contrary notwithstanding; to which, by our grace and authority, as abovesaid, we have derogated, and do derogate, for this is our pleasure. And that this may be a matter firm and lasting for ever, we have caused our seal to be put to these presents. Given at Versailles, in the month of December in the year of our Lord 1700, and of our reign the 58th. Signed LEWIS; and on the fold, By the King, Phelipeaux; and sealed with the great seal on green wax, with strings of red and green silk.
Moreover, the most Christian King consents and engages, that he will not, for the interest of his subjects hereafter endeavour to obtain, or accept of any other usage of, navigation and trade to Stain, and the Spanish lndies, than what was practised there in the reign of the late King Charles the Second of Spain, or than what shall likewise be fully given and granted, at the same time, to other nations and people concerned in trade.
|VII.||That there be a free use of navigation and commerce between the subjects of both their Royal Majesties, as it was formerly in time of peace, and before the declaration of this last war, and also as it is agreed and concluded by the treaty of commerce this day made between the two nations.|
|VIII.||That the ordinary distribution of justice be revived, and open again, through the kingdoms and dominions of each of their Royal Majesties, so that it may be free for all the subjects on both sides to sue for and obtain their rights, pretensions, and actions, according to the laws, constitutions, and statutes of each kingdom.|
|IX.||The most Christian King stall take care that all the fortifications of the city of Dunkirk be razed, that the harbour be filled up, and that the sluices or moles which serve to cleanse the harbour be levelled, and that at the said King's own expence, within the space of five months after the conditions of peace are concluded and signed; that is to say, the fortifications towards the sea, within the space of two months, and those towards the land, together with the said banks, within three months; on this express condition also, that the said fortifications, harbour, moles, or sluices, be never repaired again. All which shall not, however, he begun to be ruined, till after that everything is put into his Christian Majesty's hands, which is to be given him, instead thereof, of as an equivalent.|
|X.||The said most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right for ever, the bay and streights of Hudson, together with all lands, seas, sea-coasts, rivers, and places situate in the said bay and streights, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the subjects of France. All which, as well as any buildings there made, in the condition they now are, and likewise all fortresses there erected, either before or since the French seized the same, shall, within six months from the ratification of the present treaty, or sooner, if possible, be well and truly delivered to the British subjects, having commission from the Queen of Great Britain to demand and receive the same, entire and undemolished, together with all the cannon and cannon-ball which are therein, as also with a quantity of powder, if it be there found, in proportion to the cannon-ball, and with the other provision of war usually belonging to cannon. It is, however, provided, that it may be entirely free for the company of Quebec, and all other the subjects of the most Christian King whatsoever, to go by land, or by sea, whithersoever they please, out of the lands of the said bay, together with all their goods, merchandizes, arms, and effects, of what nature or condition soever, except such things as are above reserved in this article. But it is agreed on both sides, to determine within a year, by commissaries to be forthwith named by each party, the limits which are to be fixed between the said Bay of Hudson and the places appertaining to the French; which limits both the British and French subjects shall be wholly forbid to pass over, or thereby to go to each other by sea or by land. The same commissaries shall also have orders to describe and settle, in like manner, the boundaries between the other British and French colonies in those parts.|
|XI.||The abovementioned most Christian King shall take care that satisfaction be given, according to the rule of justice and equity, to the English company trading to the Bay of Hudson, for all damages and spoil done to their colonies, ships, persons, and goods, by the hostile incursions and depredations of the French, in time of peace, an estimate being made thereof by commissaries to be named at the requisition of each party. The same commissaries shall moreover inquire as well into the complaints of the British subjects concerning ships taken by the French in time of peace, as also concerning the damages sustained last year in the island called Montserat, and others, as into those things of which the French subjects complain, relating to the capitulation in the island of Nevis, and castle of Gambia, also to French ships, if perchance any such have been taken by British subjects in time of peace; and in like manner into all disputes of this kind, which shall be found to have arisen between both nations, and which are not yet ended; and due justice shall be done on both sides without delay.|
|XII.||The most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratifications of this treaty shall be exchanged, solemn and authentic letters, or instrument, by virtue whereof it shall appear, that the island of St. Christopher's is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadie, with its ancient boundaries, as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which depend on the said lands and islands, together with the dominion, propriety, and possession of the said islands, lands, and places, and all right whatsoever, by treaties, or by any other way obtained, which the most Christian King, the crown of France, or any the subjects thereof, have hither to had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to the Queen of Great Britain, and to her crown, for ever, as the most Christian King doth at present yield and make over all the particulars abovesaid; and that in such ample manner and form, that the subjects of the most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say, on those which lie towards the east, within 30 leagues, beginning from the island commonly called Sable, inclusively, and thence stretching along towards the south-west.|
|XIII.||The island called Newfoundland with the adjacent islands, shall from this time forward belong of right wholly to Britain; and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French, shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner, if possible, by the most Christian King, to those who have a commission from the Queen of Great Britain for that purpose. Nor shall the most Christian King, his heirs and successors, or any of their subjects, at any time hereafter, lay claim to any right to the said island and islands, or to any part of it, or them. Moreover, it shall not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish; or to resort to the said island, beyond the time necessary for, fishing, and drying of fish. But it shall be allowed to the subjects of France to catch fish, and to dry them on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island, and frons thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the river of St. Lawrence, and in the gulph of the same name, shall hereafter belong of right to the French, and the most Christian King shall have all manner of liberty to fortify any place or places there.|
|XIV.||It is expressly provided, that in all the said places and colonies to be yielded and restored by the most Christian King, in pursuance of this treaty, the subjects of the said King may have liberty to remove themselves, within a year, to any other place, as they shall think fit, together with all their moveable effects. But those who are willing to remain there, and to be subject to the kingdom of Great Britain, at to enjoy the free exercise of their religion, according to the usage of the church of Rome, as far as the laws of Great Britain do allow the same.|
|XV.||The subjects of France inhabiting Canada, and others, shall hereafter give no hinderance or molestation to the five nations or cantons of Indians, subject to the dominion of Great Britain, nor to the other natives of America, who are friends to the same. In like manner, the subjects of Great Britain shall behave themselves peaceably towards the Americans who are subjects or friends to France; and on both fides they shall enjoy full liberty of going and coming on account of trade. As also the natives of those countries shall, with the same liberty, resort, as they please, to the British and French colonies, for promoting trade on one side and the other, without any molestation or hinderance, either on the part of the British subjects or of the French. But it is to be exactly and distinctly settled by commissaries, who are, and who ought to be accounted the subjects and friends of Britain or of France.|
|XVI.||That all letters, as well of reprisal as of mark and counter-mark, which have hitherto on any account been granted on either side, be and remain main null, void, and of no effect; and that no letters of this kind be hereafter granted by either of their Paid Royal Majesties, against the subjects of the other, unless there shall have been plain proof beforehand of a denial or wrongful delay of justice; and unless the petition, of him, who desires the grant of letters of reprisal, be exhibited and shewn to the minister, who resides there in the name of that Prince, against whose subjects those letters are demanded, that he within the space of four months, or sooner, may make enquiry to the contrary, or procure that satisfaction be forthwith given to the plaintiff by the party accused. But in case no minister be residing there from that Prince, against whose subjects reprisals are demanded, that letters of reprisal be not granted till after the space of four months, to be computed from the day whereon the petition was exhibited and presented to the Prince, against whole subjects reprisals are desired, or to his privy council.|
|XVII.||Whereas it is expressly stipulated, among the conditions of the suspension of arms, made between the abovementioned contracting parties the day of August last past, and afterward prolonged for four months more, in what cases ships, merchandizes, and other moveable effects taken on either side, should either become prize to the captor, or be restored to the former proprietor; it is therefor agreed, that in those cases the conditions of the aforesaid suspension of arms shall remain in full force and that all things relating to such captures, made either in the British and Northern seas, or in any other place shall be well and truly executed according to the tenor of the same.|
|XVIII.||But in case it happen through inadvertence or imprudence, or any other cause whatsoever, that any subject of their aforesaid Royal Majesties do or commit any thing, by land, by sea, or on fresh waters, in any part of the world, whereby this present treaty be not observed, or whereby any particular article of the same hath not its effect, this peace and good correspondence, between the Queen of Great Britain and the most Christian King, shall not be therefore interrupted or broken, but shall remain in its former strength, force, and vigour. But that subject alone shall be answerable for his own fact, and shall suffer the punishment which is inflicted by the rules and directions of the law of nation.|
|XIX.||However, in case (which God Almighty forbid) the dissensions which have been laid asleep should at any time be renewed, between their said Royal Majesties, or their successors, and break out into open war, the ships, merchandizes, and all the effects, both moveable and immoveable, on both sides, which shall be found to be and remain in the ports, and in the dominions of the adverse party, shall not, be confiscated, or any wise endamaged; but the entire space of fix months, to be reckoned from the day of the rupture, shall be allowed to the said subjects of each of their Royal Majesties, in which they may sell the aforesaid things, or any part else of their effect, or carry and remove them from thence whither they please, without any molestation, and retire from thence themselves.|
|XX.||Just and reasonable satisfaction shall be given to all and singular the allies of the Queen of Great Britain, in those matters which they have a right to demand from France.|
|XXI.||The most Christian King will, in consideration of the friendship of the Queen of Great Britain, grant, that in making the treaty with the Empire, all things concerning the state of religion, in the aforesaid Empire, shall be settled conformable to the tenor of the treaties of Westphalia, so that it shall plainly appear, that the most Christian King neither will have, nor would have had any alteration made in the said treaties.|
|XXII.||Moreover, the most Christian King engages, that he will forthwith, after the peace is made, cause: justice to be done to the family of Hamilton, concerning the dukedom of Chatelraut; to the Duke of Richmond, concerning such requests as he has to make in France; as also to Charles Douglas, concerning certain lands to be reclaimed by him, and to others.|
|XXIII.||By the mutual consent of the Queen of Great Britain, and of the most Christian King, the subjects of each party, who were taken prisoners during the war, shall be set at liberty, without any distinction or ransom, paying such debts as they shall have contracted in the time of their being prisoners.|
|XXIV.||It is mutually agreed, that all and singular the conditions of the peace, made this day between his Sacred Royal most Christian Majesty, and his Sacred Royal Majesty of Portugal, be confirmed by this treaty; and her Sacred Royal Majesty of Great Britain takes upon herself the guaranty of the same, to the end that it may be more firmly and inviolably observed.|
|XXV.||The treaty of peace made this day between his Sacred Royal most Christian Majesty, and his Royal Highness the Duke of Savoy, is particularly included in this treaty, as an essential part of it, and is confirmed by it, in the same manner as if it were word for word inserted therein; her Royal Majesty of Great Britain declaring expressly, that she will be bound by the stipulations of security and guaranty promised therein, as well as by those which the has formerly taken upon herself.|
|XXVI.||The most Serene King of Sweden, with his kingdoms, dominions, provinces, and rights, as also the Great Duke of Tuscany, the Republic of Genoa, and the Duke of Parma, are in the best manner included in this treaty.|
|XXVII.||Their Majesties have also been pleased to comprehend in this, treaty the Hans-Towns, namely, Lubec, Bremen, and Hamburg, and the city of Dantzic, with this effect, that as soon as the general peace shall be concluded, the Hans-Towns and he city of Dantzic may, for the future, as common friends, enjoy the ancient advantages which they have heretofore had in the business of trade, either by treaties or by old custom.|
|XXVIII.||Those shall be comprehended in this present treaty of peace, who shall be named by common consent, on the one part and on the other, before the exchange of the ratifications, or within six months after.|
|XXIX.||Lastly, Solemn ratifications of this present treaty, and made in due form, shall be exhibited on both sides at Utrecht, and mutually and duly exchanged within the space of four weeks, to be computed from the day of the signing, or sooner if possible.|
|XXX.||In witness whereof, we the under-written Ambassadors Extraordinary and Plenipotentiaries of the Queen of Great Britain, and of the most Christian King, have put our seats to these present instruments, subscribed with our own hands, at Utrecht, the day of in the year 1713.|
|(L. S.) Joh. Bristol, C. P. S.||(L. S.) Huxelles.|
|(L. S.) Strafford.||(L. S.) Mesnager.|
ANNE, by the grace of God, Queen of Great Britain, France, and Ireland, Defender of the faith, &c.; to all and singular to whom these presents shall come, greeting. Whereas the Congress that was held at Utrecht in the beginning of the last year, for making a general peace, has been drawn out into length above these fourteen months by various obstacles, which have been thrown in the way, contrary to our hopes and wishes; but now, by the favour and goodness of Almighty God (who has been pleased to inspire the love of concord more strongly into the breasts of the parties engaged in war) it seems happily to tend towards the end so long desired, and so necessary for the tranquillity and welfare of Europe; we, having at last adjusted with our good brother the most Christian. King our matters on both sides, relating both to peace and to commerce, to the end that our ministers, who have hitherto, under the title of Plenipotentiaries, applied themselves, with our highest approbation, to the discharge of this employment, may, with greater splendor, put an end to this most wholesome work, have thought fit to give them the most honourable character of our Ambassadors Extraordinary. Now know ye, that we reposing especial confidence in the loyalty, industry, experience, and sagacity in managing matters of great importance, of the Right Reverend Father in God our right trusty and well-beloved Counsellor John Bishop of Bristol, Keeper of our Privy Seal, Dean of Windsor, and Register of our most Noble Order of the Garter; and of our right trusty and right well-beloved Coufin and Counsellor Thomas Earl of Strafford, Viscount Wentworth of Wentworth Woodhouse and Stainborough, Baron of Raby, Lieutenant General of our forces, First Commissioner of our Admiralty, Knight of our most Noble Order of the Garter, and our Ambassador Extraordinary and Plenipotentiary to the High and Mighty Lords the States General of the United Netherlands; have named, made, and constituted them, as by these presents we do name, make, and constitute them, our true, certain, and undoubted Ambassadors Extraordinary, Commissaries, Procurators, and Plenipotentiaries, giving and granting to them, jointly and separately, all and all manner of power, faculty, and authority, as also both general and special order (but so as the general do not derogate from the special, nor on the contrary) to meet and confer in the city of Utrecht, or in any other place, with the Ambassadors Extraordinary and Plenipotentiaries, which the said most Christian King shall have deputed on his part, being furnished with sufficient authority, and to treat, agree, and conclude concerning safe, lasting, and honourable conditions of peace and friendship between us and the said most Christian King; and to sign for us, and in our name, all such things as shall be so agreed and concluded; and to make out such and so many instruments of what is concluded, as shall be necessary, and to exchange and mutually receive the same; and generally to do and perform all such things as they shall judge necessary, or any way conducible towards making and settling the conditions of peace and friendship, as is abovesaid, in as ample manner and form, and with the like force and effect, as we ourselves might do and perform, if we were present; engaging and promising on our Royal word, that we will accept, approve, and ratify, in the same manner and form as they have been agreed, all and every thing that by virtue of these presents shall happen to be transacted, concluded, and signed by our said Ambassadors Extraordinary, Commissaries, Procurators, and Plenipotentiaries, jointly or separately. In witness and confirmation whereof we have commanded our great seal of Great Britain to be affixed to these presents, signed with our Royal hand. Given at our palace of St. James's, the 24th day of the month of March, in the year of our Lord 17, and of our reign the twelfth.
LEWIS, by the grace of God, King of France and Navarre, to all who shall see these presents, greeting. Whereas we have omitted nothing for contributing with all our might towards the re-establishment of a sincere and solid peace; and as our most dear and most beloved sister the Queen of Great Britain has shewn the same desire, and as there is room to hope, that the conferences which are held at Utrecht, for attaining to so desirable a good, will in a little time have a happy issue; and being willing likewise to apply all our care for promoting the effect thereof, and reposing entire confidence in the capacity, experience zeal, and fidelity for our service, of our most dear and well-beloved cousin, the Marquis d'Huxelles, Marshal of France, Knight of our Orders, and our Lieutenant General of the government of Burgundy, and of our dear and well-beloved the Sieur Mesnager, knight of our Order of St. Michael. For these causes, and other good considerations us hereunto moving, we have commissioned, ordained, and deputed, as by these presents, signed with our hand, we do commission, ordain, and depute the said Sieurs Marshal d'Huxelles and Mesnager, and have given, and do give to them full power, commission, and special command, in quality of our Ambassadors Extraordinary, and our Plenipotentiaries, to confer, negotiate, and treat with the Ambassadors Extraordinary, Plenipotentiaries of our said sister, provided with her powers in due form, to agree, conclude, and sign such treaties of peace, articles, and conventions, as they shall see good. We will that in case of absence of one of them by sickness, or through any other lawful cause, the other have the same power to confer, negotiate, treat, agree, conclude, and sign such treaties of peace, articles, and conventions, as shall be agreeable to the good of the peace which we propose to ourselves, and to the reciprocal advantage of our subjects, so that our said Ambassadors Extraordinary and Plenipotentiaries may act, in all which shall belong to the negotiation with our said sister, with the same authority as we should and might do, if we were present in person, although there should be something which might require a more special order than is contained in these presents. We promise, on the faith and word of a King, to approve, and to keep firm and lasting for ever, to fulfil and execute punctually, all that the said Sieurs Marshal d'Huxelles and Mesnager, or one of them, in the said cases of absence, or of sickness, shall stipulate, promise, and sign, by virtue of this present power, without ever acting contrary thereto, or permitting that any thing be done to the contrary, on any cause, or under any pretence whatsoever, as like wise to cause our letters ratifying the same to be dispatched, in good form, and to cause them to be delivered, in order to be exchanged, within the time which shall be agreed on by the treaties to be made. For this is our pleasure. In witness whereof we have caused our seal to be affixed to these presents. Given at Versailles, the fourth day of March, in the year of our Lord 1713, and of our reign the seventieth. Signed LEWIS; and on the fold, By the King, Colbert.