be executed and perform'd on both fides. Pecuniary Sa- In the first place, the Emperor himself fhall caufe to be publifh'd Edicts thro the whole Empire, and precifely command those who are oblig'd by these Conventions and this prefent Tranfaction to restore and ac complish, without fail or delay, all that they are bound to reftore and accomplish, and to execute, between the time of the Conclufion and that of the Ratification of the Peace, the things that have been tranfacted; enjoining the Princes Directors and the Colonels of the Circles to procure and caufe to be executed the Reftitution of every one, according to the Order of Execution, and of thefe Compacts, at the Request of those who are to be reftor'd. In like manner, this Claufe fhall be inferted in the faid Edicts, That because the Directors of a Circle, or the Colonel of the Militia, are not thought fo proper to do this Execution in their own proper Cause and Reftitution; in that cafe (and if perhaps the faid Directors, or Colonel of the Militia, fhould refufe the Commiffion) the Princes Directors, and Colonels of the neighbouring Circle, fhall acquit themselves of the faid Commiffion of Execution, with respect to other Circles, at the request of those who are to be reftor'd. And also if any one that is to be reftor'd fhould stand in need of the Emperor's Commiffaries to fupport and ftrengthen the Act of any Reftitution, Payment, or Execution (which fhall be at the Choice and Option of the Perfon to be reftor'd) they fhall be given immediately'; and in that case, and the more to haften the Accomplishment of the things agreed above, it fhall be lawful for those who are to restore, as well as for thofe who are to be reftor'd, to name two or three Commiffioners of either fide, immediately after the Conclufion and Signing of the Peace, out of which his Imperial Majefty fhall chufe one, whom thofe who are to be reftor'd fhall name, and likewife one out of those whom they who are to reftore fhall name; but fo as there may be an equal number of both Religions, whom he fhall appoint to execute without delay whatever ought to be effected by virtue of the prefent Tranfaction. And if thofe who ought to reftore fhall neglect to name Commiffioners, then his Im perial Majefty fhall chufe one of those whom the Party to be reftor'd fhall have nam'd, and add another at his pleafure, always in an equal number of both Religions, whom he fhall appoint to execute the Commiffion, notwithstanding the Oppofition and Contradiction of the adverse Party; and thofe who are to be reftor'd fhall notify to thofe who are to make Reftitution, immediately after the Conclufion of the Peace, the Tenor of the things which have been tranfacted. In fine, all and every the States, Communities, or particular Perfons, whether Ecclefiafticks or Seculars, who by virtue of the prefent Tranfaction, and the general Rules therein laid down, or of any particular and exprefs Regulation, are oblig'd to restore, yield, give, do or fulfil any thing, fhall be oblig'd immediately after the Publication of the Imperial Edicts, and after Notification of that which ought to be reftor'd, to yield, give, reftore, do and fulfil all that they are bound to, without Refiftance, Oppofition, or Allegation of any Prohibition, general or fpecial faving Claufe, inferted above in the Amnesty, and without any other Exception, as alfo without doing any damage to any one; and for that ef fect no State or Garifon, nor any other whatsoever, fhall oppofe the Execution of the Directors, or Colonels of the Militia of the Circles, or of the Commiffioners, but on the contrary fhall give Affiftance to the Executors against thofe who fhall endeavour in any manner to hinder the faid Execution. It fhall alfo be lawful for them to make ufe of their own Force for that end, or the Force of those whom they are to put in poffeffion. All the Prifoners of both fides, whether of the Sword or of the Gown, without any diftinction, fhall afterwards be fet at liberty in the manner that the Generals have agreed or fhall agree, with Confent of his Imperial Majefty. Laft of all, as to what regards the disbanding of the Swedish Soldiery, all the Electors, Princes, States, and the free Nobility of the Empire of the feven following Circles, viz. the Circle of the four Electors of the Rhine, of Upper Saxony, of Franconia, of Swabia, of the Upper Rhine, of Weftphalia, of the Lower Saxony (faving their Suit which has been usual hitherto in the like cafes, and their Liberty and Exemption for the future) fhall be oblig'd oblig'd to contribute the Sum of five Millions of Rixdollars in good Specie current in the Empire, in three Terms; in the firft Term, that of one Million eight hundred thousand Rixdollars, which the States fhall pay every one according to their Quota, viz. the States of the Circle of the Electors of the Rhine, and those of the Circle of the Upper Rhine, at Frankfort on the Main; thofe of the Circle of Upper Saxony, at Leipfick or Brunswick; thofe of the Circle of Franconia at Nuremburg; thofe of the Circle of Swabia at Ulm; thofe of the Circle of Weftphalia at Bremen or Munster; and those of the Circle of the Lower Saxony at Hamburg. And in order the more eafily to obtain the Payment of that Sum, it fhall be lawful for those who are to be reftor'd according to the Amnefty, that is to fay, for the true Lords and Proprietors (not the prefent Poffeffors) to impose and levy upon their Subjects the Quota which they are to pay immediately after the Conclufion of the Peace, and even before Reftitution fhall have been made; nor fhall the prefent Poffeffors give any hindrance when these Contributions fhall be exacted. Likewife the Sum of twelve hundred thousand Rixdollars fhall be paid the first Term, in Affignments upon certain Eftates, upon reafonable Conditions, and to which each State fhall agree bona fide, in the space betwixt the Conclufion and Ratification of the Peace. After which Convention and Exchange of the Ratifications of the prefent Treaty, the faid eight hundred thousand Rixdollars fhall be paid, the Disbanding of the Soldiery and the Evacuation of Places fhall be finifh'd at the fame time, and in equal proportion, without any impediment or hindrance being given upon any account whatfoever. In the mean time, immediately after the Conclufion of the Peace all Contributions and Exactions whatsoever fhall ceafe; faving however the Subfiftence of the Garifons and other Troops, which fhall be agreed upon reasonable Conditions; faving likewife to the States that fhall have paid their fhare, or who fhall have amicably accommodated the fame with the proper Officers, the liberty of demanding Satiffaction for the Damages which they may have fuffer'd by their Neighbour States delaying to pay their Quota. And as for the fecond and third Payments, the forefaid States of the feven Circles fhall pay bona fide in the Cities above-mention'd to the Minifters thereto deputed, and empower'd by her Majefty of Sweden, the firft Moiety of two Millions at the end of the next Year, reckoning from the disbanding of the Troops, and the other Moiety at the end of the following Year; the whole in Rixdollars, or other current Mony of the Empire. And whereas the faid feven Circles are only oblig'd to pay the Swedish Soldiery, without any Pretenfion by any other, fo all the Electors, Princes, and States of thefe Circles fhall pay their fhare only conformably to the Matricula and Ufage receiv'd in each place, and upon the Terms of Specification thereupon deliver❜d. As to the Circles of Auftria and Bavaria (the States of the Empire having promis'd to his Imperial Majesty in this prefent Affembly, that in the first Dyet of the Empire they would give a Succour out of the Imposts of the Empire, for the Expence of the War which it hath fuffer'd till this time) the Circle of Auftria hath been exempted from other Charges. and referv'd for the Payment of the Emperor's own Army, and the Circle of Bavaria for the Militia. The Impofts and Taxes in the Circle of Auftria fhall remain at the difpofal of his Imperial Majesty. But in that of Bavaria the fame manner of taxing and paying fhall be obferv'd, as is obferv'd in the other Circles; and the Execution of the fame fhall be as in the other Circles, according to the Conftitutions of the Empire. The The Articles Preliminary to the Treaties of a General Peace, agreed between the Allies and France in the Year 1709. 1. Good, firm, and lafting Peace, Confederacy, and perpetual Alliance and Amity, fhall be forthwith treated and establish'd between his Imperial Majefty, with all and each of his Imperial Majefty's Allies (principally the Kingdom of Great Britain, and the Lords the States General of the United Provinces) on the one part, and his moft Chriftian Majefty, with his Allies, on the other part. And feeing the prefent Conjunctures have not permitted his Imperial Majefty to take previously the Approbation and Confent of the Empire, upon all that relates to it, in feveral Articles contain'd in thefe Preliminaries, his Imperial Majefty fhall endeavour to procure, according to the Ufage eftablifh'd in the Empire, as foon as poffible, the Confent and Ratification of the faid Empire, before the Execution of the Articles which particularly concern the Empire. II. And to attain this good End speedily, and to enjoy it as much as poffible, from this time Preliminary Articles are agreed, to ferve for a Foundation of the Treaties of a General Peace. III. First, In Confideration and in Confequence of the faid good Peace, and fincere Union of all the Parties, The most Chriftian King fhall, from this time, acknowledg, publickly and authentickly, as alfo afterwards, in the Treaties of Peace to be made, King Charles the Third, in the Quality of King of Spain, the Indies, Naples and Sicily, and generally of all the Territories dependant, and compreheaded under the name of The Monarchy of Spain, in what Part of the World foever fituate (except what is to be given to the Crown of Portugal, and the Duke of Say, purfuant to the Treaties between the High Allies, and the Barrier in the Netherlands, which the faid King Charles the Third is to put into the hands of the faid Lords |