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which were still increasing between some of the
- "removed: and being convinced by expe. aence 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 likewise 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 said 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 Majesty and his
Royal Catholic Majesty. 1. For quieting the disturbances lately raised contrary to the peace of Baden, concluded the 7th day of September 1714, as likewise to the neutrality established for Italy by the treaty of the 14th day of March 1713, the most Serene and most Potent King of Spain obliges himself to restore to his Imperial Majesty, and accordingly shall immediately, or at the farthest after two months, to be reckoned from the exchange of the ratifications of this present treaty, actually restore to his said Imperial Majesty the island and kingdom of Sardinia, in the condition wherein he seized it, and shall renounce in favour of his Imperial Majesty all rights, pretensions, interests, and claims upon the said kingdom; so that his linperial Majesty fully and freely, and in the manner which he judges best, out of his love to the public good, may dispose 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 be this, that it should be an established rule that the kingdoms of France and Spain should never go together, or be united in one and the same person, or in one and the same line, and that those two monarchies should henceforward for ever remain separate ; and whereas for confirming this rule, so necessary for the public tranquillity, those Princes, to whom the prerogative of birth might have given a right of succeeding in both kingdoms, have solemnly renounced one of those two kingdoms for themselves and all their posterity; so that this feparation of the two monarchies has passed into a fundamental law in the general assembly commonly called Las Kortes, which was received at Madrid the oth day of November 1712, and consolidated by the treaties of Utrecht, the 11th day of April 1713; his Imperial Majesty being willing to give the utmost perfection to so necessary and wholesome a law, to take away all ground of suspicion, and to promote the public tranquillity, doth accept and agree to those things which were done, ratified, and established in the treaty of Utrecht, with regard to the right and order of suceession 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 pretension whatsoever, not one in the least 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 cause to be made out in due form accordingly solemn acts of renunciation, which he will cause to be published and registered in the proper courts, and promises that he will exhibit the usual instruments thereupon to his Catholic Majesty and to the contracting Powers.
III. By virtue of the said renunciation, which his Imperial Majesty has made out of regard to the fecurity of all Europe ; and in consideration likewise that the Duke of Orleans has for himself and for his descendants renounced all his rights and claims upon the - VOL. II.
kingdom of Spain, on condition that neither the Empe-
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, descendants, and succeffors, male and female, doth renounce in favour of his Imperial Majeily, his fucceffors, heirs, and descendants, male and female, all rights and claims whatsoever, none in the least being excepted, upon all and every the kingdoms, provinces, and dominions, which his Imperial Majesty doth policís in Italy or the Netherlands, or may accrue to him by virtue of this prefent trcaty; and he doth wholly abdicate all rights, kingdoms, and provinces in Italy, which herecofore belonged to the Spanish monarchy, among which the marquisate of Final, yielded by his Imperial Majesty to the republic of Genoa in the year 1713, is understood to be expressiy comprehended, and he will cause to be made out accordingly folemn acts of renunciation in due form, which he will cause to be published and registered in the proper courts, and promises that he will exhibit the usual instruments thereupon to his Imperial Majesty and the contracting Powers. His Catholic Majesty doch in like manner renounce the right of reversion of the kingdom of Sicily to the crown of Spain,
which he had reserved to himself, and all other claims and pretensions under pretext whereof he might disturb his Imperial Majesty, his heirs and successors, directly or indirectly, as well in the aforesaid kingdoms and proyinces, as in all other dominions, which he actually poffefles in the Netherlands or elsewhere.
V. Whereas in case the Grand Duke of Tuscany, or the Duke of Parma and Placentia, or their succeffors, Tould die without male issue, the pretensions of fucceffion to the dominions poffefsed by them might kindle a new war in Italy, on account of the different rights of succeflion, whereby, after the decease of the next heirs befüre her, the present Queen of Spain, born Dutchess of Parma, claims the said dukedoms to herself on the one part, and the Emperor and Empire on the other part: to the end that the great disputes, and the evils arising from them, may be timely obviated, it is agreed that the states and dutchies at present possessed by the Grand Duke of Tuscany, and Duke of Parma and Placentia aforesaid, shall in time to come be held and acknowledged by all the contracting Powers as undoubted male-fiefs of the Holy Roman Empire. His Imperial Majesty on his part doth consent by himself as head of the empire, that whenever it shall happen that the faid dutchies shall lie open for want of heirs ,male, the first-born son of the said Queen of Spain, and his descendants, being males, born in lawful matrimony, and in default of them the second-born, or other the younger fons of the said Queen, if any shall be born, together with their male defcendants, born in lawful marriage, shall in likę manner fucceed to all the provinces aforesaid. To which end it being neceílary that the consent of the empire be also given, his Imperial Majcity will use all his endeavours to obtain it; and having obtained it, he will cause the letters of expeciative, containing the eventual investiture for the son of the said Queen, or her sons, and their legitimate male descendants, to be expedited in due form; and he will cause the said letN 2
ters to be delivered to the Catholic King immediately, or at least after two months from the exchange of the ratifications : without any damage nevertheless, or prejudice, to the Princes who now have possession of the said dutchies, which possession is to remain entirely safe to them.
It is farther agreed, between his Sacred Imperial "Majesty, and the Catholic King, that the town of Leghorn may, and ought, perpetually to remain a free port, in the same 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 shall yield to the aforesaid Prince his fon, the town of Porto-Longone, together with that part of the isand Elba, which he actually possesfes therein; and shall deliver the same up to him, as soon as that Prince, on the extinction of the male posterity of the Grand Duke of Tuscany, shall be admitted into the actual possession of his territories. . It is moreover agreed to, and provided by folemn 'contract, that none of the aforesaid dutchies or dominions, at any time, pr in any case, may or ought to be possessed by a Prince, who at the same 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 same.
Lastly, it is agreed, and thereto all and singular thç parties contracting have equally bound themselves, that it never shall be allowed, during the lives of the present poffeffors of the dutchies of Tuscany and Parma, or of their male successors, that any forces of any. country whatsoever, whether their own or hired, shall, either by the Emperor, the King of Spain and France, or even by the Prince appointed, as above, to the succeslion, be introduced into the provinces and lands of the said dutchies ; nor shall any of them place any garrison in the cities, ports, towns, or fortreffes therein situated.