loufies which were still increasing between fome of the Princes of Europe as perpetual occafions of variance, could be removed: and being convinced by experience from the war kindled the last year in Italy, for the timely extinguishing whereof by a treaty made the 18th day of July, N.S. in the year 1718, they agreed among themselves upon certain articles of pacification, according to which a peace might be brought about and established between his Sacred Imperial Majesty and the King of Spain; as likewife between his faid Imperial Majesty and the King of Sicily, and farther gave a friendly invitation to his Imperial Majesty, that out of his love for the public peace and quiet, he would receive and approve the faid articles of convention in his own name, and accordingly that he himfelf would accede to the treaty made by them, the tenor of which is as followeth.

Conditions of Peace between his Imperial Majefty and his Royal Catholic Majesty.

I. For quieting the disturbances lately raised contrary to the peace of Baden, concluded the 7th day of September 1714, as likewife to the neutrality eftablifhed for Italy by the treaty of the 14th day of March 1713, the moft Serene and most Potent King of Spain obliges himself to restore to his Imperial Majefty, and accordingly fhall immediately, or at the fartheft after two months, to be reckoned from the exchange of the ratifications of this present treaty, actually reftore to his faid Imperial Majefty the island and kingdom of Sardinia, in the condition wherein he seized it, and shall renounce in favour of his Imperial Majefty all rights, pretenfions, interefts, and claims upon the faid king. dom; fo that his Imperial Majefty fully and freely, and in the manner which he judges beft, out of his love to the public good, may difpofe of it as of his own property.

II. Whereas the only method which could be found out for fixing a durable balance in Europe was judged

to

to be this, that it should be an established rule that the kingdoms of France and Spain fhould never go together, or be united in one and the fame perfon, or in one and the me line, and that thofe two monarchies fhould henceforward for ever remain feparate; and whereas for confirming this rule, fo neceffary for the public tran quillity, thofe Princes, to whom the prerogative of birth might have given a right of fucceeding in both kingdoms, have folemnly renounced one of thofe two kingdoms for themselves and all their pofterity; fo that this feparation of the two monarchies has paffed into a fundamental law in the general affembly commonly called Las Kortes, which was received at Madrid the 9th day of November 1712, and confolidated by the treaties of Utrecht, the 11th day of April 17131 his Imperial Majefty being willing to give the utmost perfection to fo neceffary and wholefome a law, to take away all ground of fufpicion, and to promote the public tranquillity, doth accept and agree to thofe things which were done, ratified, and established in the treaty of Utrecht, with regard to the right and order of fucceffion to the kingdoms of France and Spain, and doth renounce, as well for himself, as for his heirs, defcendants, and fucceffors, male and female, all rights, and all and every pretenfion whatsoever, not one in the leaft excepted, on any kingdoms whatsoever, dominions, and provinces of the Spanish monarchy, whereof the Catholic King was acknowledged to be the rightful poffeffor by the treaty of Utrecht, and will caufe to be made out in due form accordingly folemn acts of renunciation, which he will caufe to be publifhed and registered in the proper courts, and promifes that he will exhibit the ufual inftruments thereupon to his Catholic Majefty and to the contracting Powers.

III. By virtue of the faid renunciation, which his Imperial Majefty has made out of regard to the fecurity of all Europe; and in confideration likewife that the Duke of Orleans has for himfelf and for his defcendants renounced all his rights and claims upon the VOL. II. kingdom

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kingdom of Spain, on condition that neither the Emperor, nor any of his defcendants, fhall ever fucceed to the faid kingdom; his Imperial Majefty doth acknowledge Philip V. to be lawful king of Spain and of the Indies, and doth promise to give him the titles and prerogatives belonging to his dignity and his kingdoms; and moreover, he will allow him, his defcendants, heirs, and fucceffors, male and female, peaceably to enjoy all thofe dominions of the Spanish monarchy in Europe, the Indies, and elfewhere, the poffeffion whereof was allowed to him by the treaties of Utrecht, nor will he directly or indirectly disturb him in the faid poffeffion at any time, nor will he claim to himself any right to the faid kingdoms and provin

ces.

IV. In return for the renunciation and acknowledgment made by his Imperial Majesty in the two foregoing articles, the Catholic King, as well in his own, as in the name of his heirs, defcendants, and fucceffors, male and female, doth renounce in favour of his Imperial Majefty, his fucceffors, heirs, and defcendants, male and female, all rights and claims whatsoever, none in the leaft being excepted, upon all and every the kingdoms, provinces, and dominions, which his Imperial Majefty doth poffefs in Italy or the Netherlands, or may accrue to him by virtue of this prefent treaty; and he doth wholly abdicate all rights, kingdoms, and provinces in Italy, which heretofore belonged to the Spanish monarchy, among which the marquifate of Final, yielded by his Imperial Majefty to the republic of Genoa in the year 1713, is understood to be exprefsly comprehended; and he will caufe to be made out accordingly folemn acts of renunciation in due form, which he will caufe to be published and registered in the proper courts, and promifes that he will exhibit the ufual inftruments thereupon to his Imperial Majefty and the contracting Powers. His Catholic Majefty doth in like manner renounce the right of reverfion of the kingdom of Sicily to the crown of Spain,

which he had reserved to himself, and all other claims and pretenfions under pretext whereof he might difturb his Imperial Majefty, his heirs and fucceffors, directly or indirectly, as well in the aforefaid kingdoms and provinces, as in all other dominions, which he actually poffeffes in the Netherlands or elsewhere..

V. Whereas in cafe the Grand Duke of Tufcany, or the Duke of Parma and Placentia, or their fucceffors, fhould die without male iffue, the pretenfions of fucceffion to the dominions poffeffed by them might kindle a new war in Italy, on account of the different rights of fucceffion, whereby, after the deceafe of the next heirs before her, the prefent Queen of Spain, born Dutchefs of Parma, claims the faid dukedoms to herfelf on the one part, and the Emperor and Empire on the other part to the end that the great difputes, and the evils arifing from them, may be timely obviated, it is agreed that the states and dutchies at present poffeffed by the Grand Duke of Tufcany, and Duke of Parma and Placentia aforefaid, fhall in time to come be held and acknowledged by all the contracting Powers as undoubted male-fiefs of the Holy Roman Empire. His Imperial Majefty on his part doth confent by himself as head of the empire, that whenever it fhall happen that the faid dutchies fhall lie open want of heirs male, the firft-born fon of the faid Queen of Spain, and his defcendants, being males, born in lawful matrimony, and in default of them the fecond-born, or other the younger fons of the faid Queen, if any fhall be born, together with their male defcendants, born in lawful marriage, fhall in like manner fucceed to all the provinces aforefaid. To which end it being neceffary that the confent of the empire be alfo given, his Imperial Majefty will ufe all his endeavours to obtain it; and having obtained it, he will caufe the letters of expectative, containing the eventual inveftiture for the fon of the faid Queen, or her fons, and their legitimate male defcendants, to be expedited in due form; and he will caufe the faid let

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ters

ters to be delivered to the Catholic King immediately, or at least after two months from the exchange of the ratifications without any damage neverthelefs, or prejudice, to the Princes who now have poffeffion of the faid dutchies, which poffeffion is to remain entirely fafe to them.

It is farther agreed, between his Sacred Imperial Majefty, and the Catholic King, that the town of Leghorn may, and ought, perpetually to remain a free port, in the fame manner as it now is.

By virtue of the renunciation made by the King of Spain, of all the dominions, kingdoms, and provinces in Italy, which heretofore belonged to the Kings of Spain, that King fhall yield to the aforefaid Prince his fon, the town of Porto-Longone, together with that part of the infland Elba, which he actually poffeffes therein; and fhall deliver the fame up to him, as foon as that Prince, on the extinction of the male pofterity of the Grand Duke of Tufcany, fhall be admitted into the actual poffeffion of his territories.

It is moreover agreed to, and provided by folemn contract, that none of the aforefaid dutchies or dominions, at any time, or in any cafe, may or ought to be poffeffed by a Prince, who at the fame time holds the kingdom of Spain; and that no King of Spain can ever take upon him the guardianship of that Prince, or may be allowed to exercise the fame.

Laftly, it is agreed, and thereto all and fingular the parties contracting have equally bound themselves, that it never fhall be allowed, during the lives of the prefent poffeffors of the dutchies of Tuscany and Parma, or of their male fucceffors, that any forces of any country whatfoever, whether their own or hired, fhall, either by the Emperor, the King of Spain and France, or even by the Prince appointed, as above, to the fucceffion, be introduced into the provinces and lands of the faid dutchies; nor fhall any of them place any garrifon in the cities, ports, towns, or fortreffes therein fituated.

But,