the faid declaration of war. And this reftitution shall be made on both fides, within the fpace of fix months, or fooner, if it can be done. And to that end, immediately after the ratification of this treaty, each of the faid kings. fhall deliver, or cause to be delivered to the other, or to commiffioners authorized in his name for that purpose, all acts of conceffion, inftruments, and neceffary orders, duly made, and in proper form; so that they may have their effect.

VIII. Commiffioners fhall be appointed on both fides, to examine and determine the rights and pretenfions which either of the faid kings hath to the places fituated in Hudfon's-bay; but the poffeffion of thofe places which were taken by the French, during the peace that preceded this prefent war, and were retaken by the Englifh during this war, shall be left to the French, by virtue of the foregoing article. The capitulation made by the English on the fifth of September, 1696, fhall be obferved, according to its form and tenor; the merchandizes therein mentioned shall be restored; the governor of the fort taken there fhall be fet at liberty, if it be not already done; the differences arifen concerning the execution of the faid capitulation, and the value of the goods there loft, fhall be adjudged and determined by the faid commiffioners; who, immediately after the ratification of the prefent treaty, fhall be invested with fufficient authority for fettling the limits and confines of the lands to be restored on either fide, by virtue of the foregoing article, and likewife for exchanging of lands, as may conduce to the mutual intereft and advantage of both kings.

And to this end the commiffioners, fo appointed, shall, within the space of three months from the time of the ratification of the prefent treaty, meet in the city of London, and within fix months, to be reckoned from their firft meeting, fhall determine all differences and difputes which may arife concerning this matter; after which, the articles the faid commiffioners fhall agree to, fhall be ratified by both kings, and shall have the fame force and vigour, as if they were inferted word for word in the present treaty.

IX. All letters, as well of reprisal as of as of marque and counter-marque, which hitherto have for any caufe been

granted

granted on either fide, fhall be, and remain null and void; nor fhall any the like letters be hereafter granted, by either of the faid kings, against the fubjects of the other, unless it be first made manifest, that right hath been denied; and it fhall not be taken for a denial of right, unless the petition of the person, who defires letters of reprifal to be granted to him, be first fhewn to the minifter, refiding there on the part of the king, against whose subjects thofe letters are defired; that within the space of four months, or fooner, he may inquire into the contrary, or procure that fatisfaction be made with all fpeed from the party offending, to the complainant. But if the king, against whofe fubjects reprifals are demanded, have no minifter refiding there, letters of reprifal fhall not be granted, till after the space of four months, to be reckoned from the day on which his petition was made and prefented to the king, against whose fubjects reprifals are defired, or to his privy council.

X. For cutting off all matter of difpute and contention, which may arife concerning the reftitution of fhips, merchandizes, and other moveable goods, which either party may complain to be taken and detained from the other, in countries, and on coafts far diftant, after the peace is concluded, and before it be notified there; all fhips, merchandizes, and other moveable goods, which fhall be taken by either fide, after the figning and publication of the prefent treaty, within the space of twelve days in the British and North feas, as far as the cape St. Vincent; within the fpace of ten weeks beyond the faid cape, and on this fide of the equinoctial line or equator, as well in the ocean and Mediterranean fea, as elsewhere; laftly, within the space of fix months beyond the faid line throughout the whole world, fhall belong and remain unto the poffeffors, without any exception, or further diftinction of time or place, or any confideration to be had of reftitution or compenfation.

XI. But if it happens through inadvertency or imprudence, or any other caufe whatever, that any subject of either of the faid two kings, fhall do or commit any thing by land or fea, or on fresh water, any where, contrary to the prefent treaty, or that any particular article thereof is not fulfilled; this peace and good correfpondence between the faid two kings, fhall not, on that account, be inter

rupted

rupted or infringed, but fhall remain in its former force, ftrength and vigour, and the faid fubject only fhall answer for his own fact, and undergo the punishment to be inflicted, according to the custom and law of nations.

XII. But if (which God forbid) the differences now composed between the faid kings, fhould at any time be renewed, and break out into open war, the ships, merchandizes, and all kind of moveable goods of either party, which fhall be found to be and remain in the ports and dominions of the adverse party, fhall not be confifcated or brought under any inconveniency, but the whole fpace of fix months fhall be allowed to the fubjects of both of the faid kings, that they may carry away and transport the aforefaid goods, and any thing elfe that is theirs, whither they fhall think fit, without any moleftation.

XIII. For what concerns the principality of Orange, and other lands and dominions belonging to the said king of Great Britain, the separate article of the treaty of Nimeguen, concluded between the Moft Chriftian King and the States General of the United Provinces, the 10th day of Auguft, 1678, fhall, according to its form and tenor, have full effect, and all things that have been innovated and altered, fhall be reftored as they were before. All decrees, edicts, and other acts, of what kind foever they be, without exception, which are in any manner contrary to the faid treaty, or were made after the conclufion thereof, fhall be held to be null and void, without any revival or confequence for the future: and all things fhall be reftored to the faid king, in the fame state, and in the fame manner, as he held and enjoyed them before he was dif poffeffed thereof in the time of the war, which was ended by the faid treaty of Nimeguen, or which he ought to have held and enjoyed according to the faid treaty. And that an end may be put to all trouble, differences, proceffes and queftions, which may arife concerning the fame, both the faid kings will name commiffioners, who, with full and fummary power, may compofe and fettle all thefe matters. And forafmuch as by the authority of the Most Christian King, the King of Great Britain was hindered from enjoying the revenues, rights and profits, as well of his principality of Orange, as of other his dominions, which after the VOL. I.

C

conclufion

conclufion of the treaty of Nimeguen, until the declaration of the prefent war, were under the power of the faid Moft Chriflian King, the faid Moft Chriftian King will reftore, and caufe to be reftored in reality, with effect, and with the intereft due, all thofe revenues, rights and profits, according to the declarations and verifications that fhall be made before the faid commiffioners.

XIV. The treaty of peace concluded between the Moft Chriftian King, and the late Elector of Brandenburg, at St. Germains in Laye, the 29th of June, 1679, fhall be reftored in all its articles, and remain in its former vigour between his facred Moft Chriftian Majefty, and his electoral highness of Brandenburg.

XV. Whereas it will greatly conduce to the public tranquility that the treaty be observed, which was concluded between his facred Moft Chriftian Majefty, and his royal highnefs of Savoy, on the 9th of Auguft, 1696, it is agreed, that the faid treaty fhall be confirmed by this article.

XVI. Under this prefent treaty of peace, fhall be comprehended those who shall be named by either party, with common confent, before the exchange of ratifications, or within fix months after. But, in the mean time, the most ferene and mighty prince William, king of Great Britain, and the moft ferene and mighty prince Lewis, the most christian king, gratefully acknowledging the fincere offices, and indefatigable endeavours, which have been employed by the most ferene and mighty prince Charles, king of Sweden, by the interpofition of his mediation, in bringing this happy work of the peace, with the divine affiftance, to the defired conclufion; and to fhew the like affection to him, it is by confent of all parties ftipulated and agreed, that his faid facred royal majefty of Sweden, fhall, with all his kingdoms, countries, provinces and rights, be included in this treaty, and comprehended in the best manner, in the prefent pacification.

XVII. Laftly, the folemn ratifications of this prefent agreement and alliance, made in due form, fhall be delivered on both fides, and mutually and duly exchanged at the royal palace of Ryfwicke, in the province of Holland, within the space of three weeks, to be reckoned from the day of the fubfcription, or fooner, if it may be.

In teftimony of all and every the things before mentioned, and for their greater force, and to give them all the vigour and full authority they ought to have, the underwritten ambaffadors extraordinary and plenipotentiaries, together with the illuftrious and moft excellent the extraordinary ambaffador mediator, have figned and fealed the present inftrument of peace. Done, &c.

Signed by the English and French ambaffadors, and by the mediator.

SEPARATE ARTICLE.

B Efides all that is concluded and ftipulated by the treaty

of peace figned this present day, the 20th of September, it is moreover agreed, by the present separate article, which fhall have the fame force and effect, as if it was inferted word for word in the faid treaty; That the Most Chriftian King fhall covenant and agree, and by the prefent article he does covenant and agree, that it fhall be free for the Emperor and the Empire, until the 1ft day of November next, to accept the conditions of peace lately propofed by the Moft Chriftian King, according to the declaration made on the 1ft day of this prefent month, unless, in the mean time, it fhall be otherwife agreed between his Imperial Majefty and the Empire, and his Moft Christian Majefty. And in cafe his Imperial Majefty does not, within the time prefixed, accept thofe conditions, or that it be not otherwife agreed between his Imperial Majefty and the Empire, and his Moft Chriftian Majefty, the said treaty fhall have its full effect, and be duly put in execution according to its form and tenor; and it fhall not be lawful for the king of Great Britain, directly or indirectly, on any account or cause whatsoever, to act contrary to the said treaty.

Treaty between England, France and Holland, commonly called, the first treaty of partition, concluded August 19, 1698.

I.

1. THE re-emon ferene and most mighty prince HE peace re-eftablished by the treaty of Ryfwicke,