Slike strani
PDF
ePub

into and depart from the country at their will, and they fhall be allowed the free difpofal of their property.

VIII. All churches, houfes, convents, colleges, feminaries, funds of the revenue, credits, effects, chattels, monuments of science and arts, and generally all objects, rights, and acts of every description which did belong to France, and now belong to corporations and countries already united, and to be united to it, fhall be restored to the French Republic, to be fold and alienated at will, or should the Republic keep them, they shall be governed and disposed of according to its laws, through the means of its agents.

IX. The Pope enters into an obligation to replace and restore the effects specified in the preceding article, or the value thereof, in whatever manner may be agreed upon by the agents of the Republic; alfo fuch income as may be accrued from them, and generally the amount of all damages, and the interest.

X. The French academy shall be re-established, and under the fame direction as before the war; as likewife the college of Liege, and those of every other country already united or to be united to France.

XI. Ambaffadors, minifters, confuls, or vice-confuls of France, and their domestic establishments, shall be entirely independent of the fovereignty, and of the civil and criminal jurifdiction in the states of his Holinefs, and will be dependent on the French government only. The faid ambaffadors, minifters, confuls, or vice-confuls, fhall have full jurifdiction over the persons who inhabit their houses, whether attached or not attached to them.

XII. The differences of what foever fort which may arise among the French in the states of the Pope, fhall be adjudged and determined by the ambaffador or the agent of the Republic.

XIII. Whenever any differences thall arife between the French and the Pope's fubjects, which cannot be terminated without having recourfe to tribunals, the plaintiff fhall be obliged to bring his action before the judges of the nation to which the defendant belongs-fhould the cafe be only perfonal. Criminal cafes fhall be brought before territorial judges.

XIV. Every Frenchman accufed of a crime may be arrested, but the ambassador or agent of the Republic fhall be immediately informed of it, and after having examined into the fact, he will give notice of it to the Executive Directory, who fhall decide whether he is to be tried on the fpot or tranfmitted to France, there to be tried according to the nature of his crime.

XV. All French and other individuals who fhall be employed or known by the agents or confuls of the Republic shall enjoy the free exercife of their worship, without being disturbed by any authority, or under any pretence whatever.

VOL. V.

d

XVI. His

XVI. His Holinefs being willing to put an end to certain abuses, against which reafon and humanity have long exclaimed, accedes to the defire of the Republic, and enters into an obligation to prohibit through the whole of his dominions, under the fevereft punifhments, the degradation of boys or youths, and to abolish the tribunal of the inquifition. No perfon whatever shall be deprived of liberty, or profecuted for his religious opinions.

XVII. His Holinefs will receive and provide for all fuch French priests, friars, and nuns, as fhall be willing to retire to his ftates.

XVIII. The Pope openly and fairly renounces all fuch rights as he may have or pretend to have on the town and territory of Avignon, the Comtat Venaiffin and its dependencies, and does cede and transfer the fame to the French Republic.

XIX. The whole of this treaty fhall be binding, both for the prefent Pope and for all his fucceffors.

XX. The Republic of Holland fhall be included in the prefent treaty between the French Republic and the Pope.

XXI. The prefent treaty fhall be ratified, and the ratifications fhall be exchanged in the fpace of forty days, without further delay, from the date of its fignature.

The citizens Garrau and Salicetti, commiffioners of the Executive Directory with the army of Italy, are authorized, in virtue of their refpective full powers, to negotiate with the plenipotentiary of his Holiness, Monfignor Lorenzo Galeppi, the claufes and conditions of the peace, independent of the eftablished articles.

SECRET ARTICLES.

1. His Holinefs will pay 300,000 livres per month, beginning from the 1st day of October, until the ratification of the peace with the Emperor and King of Naples.

II. The Pope renounces and cedes to the French Republic the duchies of Caftro and Ronciglione, Benevento, and Pontecano. The French Republic fhall continue to enjoy the Legations of Ferrara and Bologna and their dependencies, and referves to itself, at a general peace, the difpofal of all the lands and places that have been difmembered by the Pope and his predeceffors. The Pope now makes the most folemn ceffion to that effect to the French Republic.

III. The Pope obliges himfelf not to take or give to others the titles attached to the ceded territories, and thofe to be ceded to the French Republic.

IV. The fhips, veffels, and privateers of the enemies of the Republic, fhall not be allowed to enter or remain in the ports of the Pope. On the contrary, it fhall be allowed to every fhip belonging to the Republic; and, in cafe they fhould be molefted

by the fhips of the enemy, the Pope obliges himfelf to repair the damages occafioned by the neglect of taking proper measures for preventing it.

V. The French Republic fhall be allowed to garrison Civita Vecchia and Ancona during the prefent and any future war.

VI. The Pope obliges himself immediately to allow the postage of letters as it was before the war.

VII. Until a new treaty of commerce is concluded between the Republic and the Pope, the commerce of the Republic fhali be established and maintained in the ftates of the Pope on the footing of the most favoured nations.

VIII. The prefent articles fhall be as obligatory for the Pope Pius Sextus as for his fucceffors.

Independent of thefe articles, they have agreed on what follows, refpecting the jurifdiction of the French confuls in the ftates of his Holinefs :

I. Every Frenchman who arrives in fuch towns where confuls or vice-confuls of the French Republic refide, fhall be obliged to make himself known to them, and be named in the national regifter. The defcription of his perfon fhall be left, and the duplicate of it fent to the principal magiftrate of the police of the

town.

II. Whenever the number of French merchants fhall be - fufficient to form a company, they fhall be allowed to choose among themselves two agents or deputies to look to their common interefts; regulate their general expenfes, and as reprefentatives of the company before the tribunal or the vice-conful, to whom they fhall be fubordinate.

III. In the towns where the French Republic fhall judge it neceffary to establish a conful, his Holinefs will nominate a magiftrate under the name of judge protector. Whenever any differences fhall arife between the French merchants and those of his Holiness, and that the French merchant is the plaintiff, the cause shall be tried by the judge protector, who fhall pronounce his judgment at his own houfe, with the intervention of the ccnful and two merchants chofen by the parties. If the merchant is a fubject of his Holiness, and the plaintiff, the judgment fhall be made by the conful, who fhall pronounce it at his own houfe, with the intervention of the judge protector and two merchants, as above. The procefs fhall be inftituted according to the laws of the country of the criminal; in cafe of an equality of votes, a third merchant fhall be unanimously chofen by the two judges, who cannot be rejected by the parties. The principal fine ordered by the fentence fhould not exceed the fum of 2401. or 1000 French livres, and fhall be paid without appeal. Nevertheless, fuch fines as exceed that fum fhall be paid, liable to an appeal to be fubmitted to the revifal of the fame tribunal, with

[blocks in formation]

two merchants equally chofen by the parties. The fentence which is pronounced by a majority of votes fhall be definitive.

IV. The jurifdiction relative to civil concerns, and the right of inquiring into criminal matters refpecting the French, are under the fole direction of the French confuls, or vice-confuls, according to the laws of conceffion of the Republic. They alone fhall be judges and arbitrators of all the diffentions that may arife among the navy of their nation, either with regard to their falaries, provifions of the failors, or the fervice and discipline of their fhips. Confequently they shall have the right to receive on board their fhips, and in their chanceries, the contested declarations, contracts of fecurity, and all other acts that the French may choose to fend, furnished with their confular feal, fhall hold good in all tribunals of the ftates of his Holinefs.

V. The confuls and vice-confuls of the French Republic fhall have the exclufive right to investigate all the property of the French who die within their jurifdiction, and to difpofe of the goods of the intefted, according to the laws of the Republic. They fhall have the nomination of the guardians and executors of the minors; and these nominations fhall, in every cafe, be confidered as lawful.

ARTICLE III. FOR THE SAID CONSULS.

I. The faid confuls and vice-confuls fhall have the fole examintion of the cafes of wrecks and damages of their fhips; and whatever may be decreed by their chanceries, in the ufual forms, fhall be executed without an appeal; and in cafe of a refufal on the part of the ftrangers or natives, the magiftrates fhall infift on the execution of the demand of the captains, without interfering in any manner whatever with the compilation of the act.

II. The faid confuls and vice-confuls fhall have the right to reclaim the deferted feamen and vagabonds of their nation, to arrest them, and employ them until they can be restored to their flag, or fent back to their country. The magiftrates fhall never refuse to seize and give the prifoners over to the confuls, whenever it fhall be required, unless the faid prifoners are guilty of any crime that can be punished by the laws of the country.

III. Every omiffion or explanation of the rights and privileges of the confuls or vice-confuls of the French Republic fhall always be interpreted in favour of the faid agents, and always to the advantage of the commerce of the Republic in the ftates of his Holinefs.

1

The prefent convention fhall be ratified, and the ratification exchanged in the space of forty days from the date of its fignature,

TREATY,

TREATY, &c.

HIS IS Majefty the King of Pruffia and the French Republic having deemed it proper to modify, in a manner agreeable to exifting circumftances, the ftipulations relative to the neutrality of the northern part of Germany agreed upon by the treaty of Bafle, the 5th of April, 1795, and by the convention of the 17th of May; they named, to concert on that fubject, viz. his Pruffian Majefty, Sieur Chretien Henri Count de Haugwiliz, his minifter of ftate for the war department; and the French Republic, citizen Antoine Bernard Caillard, its minifter plenipotentiary at Berlin, who, having mutually exchanged their powers, have agreed on the following articles:

The French Republic will abftain from extending the operations of the war, and from fending troops, either by land or fea, into the ftates included in the following line of demarcation;

This line to begin from the part of the Duchy of Holstein, fituate on the north fea, extending down the coaft of that fea, on the fide of Germany, and including the territory in which the Elbe difembogues itfelf, together with the Wefer and the Ems, as well as the islands fituated in thofe diftricts, as far as Forcum, from thence to the frontiers of Holland, as far as Anholt, paffing Herenberg, and including the Pruffian poffeffions near Sevenaer, as far as Bair on the Yfel; it will then continue down that river to the place where it mixes its waters with the Rhine; the line will then go up the latter river as far as Wefel, and farther on, to the place where the Roer throws itfelf into the Rhine; it will then extend along the left bank of the Roer to its fource; after which, leaving the city of Nedebach to the left, it will take its direction towards the Eder, the courfe of which it will follow until that river meets the Fuld, and then it will go up that river as far as its fource.

The French Republic will confider as neutral states all those in the line, on condition that they obferve on their fide a ftrict neutrality; the first point of which will be to furnish, for the future, for the continuation of the war, no pecuniary contributions or any kind whatever; to order back immediately, if they have not already done fo, their refpective contingent troops, and that in the fpace of two months, from the figning of the present treaty; and not to contract any new engagement, which may authorize them to furnish troops to the powers at war with France. The ftates which do not act agreeably to thefe conditions fhall be excluded from the benefit of the neutrality.

As for that part of the county of La Marck, which, being on the left bank of the Roer, is not included in the above line, it will nevertheless enjoy the benefits of this treaty in the fullest extent: but his Pruffian Majefty confents to allow the troops of the belli

gerent

« PrejšnjaNaprej »