great Difputes, and the Evils arifing from them, may be timely obviated, it is agreed, that the States and Dutchies at prefent poffefs'd by the Great Duke of Tuscany, and Duke of Parma and Placentia aforefaid, fhall, in Time to come, be held and acknowledg'd 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 the faid Dutchies fhall Jie open for Want of Heirs Male, the firft-born Son of the faid Queen of Spain, and his Defcendants, being Males, born in Lawful Matrimony, and in Default of them, the fecond-born, or the younger Sons of the faid Queen, if any fhall be born, together with the 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 Son of the faid Queen, or her Sons, and their Legitimate Male Defcendants, to be expedited in due Form; and he will caufe the faid Letters to be delivered to the Catholick King immediately, or at leaft after Two Months from the Exchange of the Ratifications; without any Damage nevertheless, 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 Catholick 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 belong'd to the Kings of Spain, that King fhould yield to the aforefaid Prince, his Son, the Town of Porto Longone, together with that Part of the Ifland 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 Great Duke of Tuscany, 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 Dominiens, 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 allow'd to exercise the same,

Laftly, it is agreed, and thereto all and fingular the Parties contracting have equally bound themselves, That it never fhall be allow'd, during the Lives of the prefent Poffeffors of the Dutchies of Tuscany and Parma, or of their Male Succeffors, that any Forces of any Country whatsoever, whether their own or hired, fhall either by the Emperor, the Kings of Spain and France, or even by the Prince appointed, as above, to the Suc ceffion, be introduced into the Provinces and Lands of the faid Dutchies; nor fhall any of them place any Garrison in the Cities, Ports, Towns, or Fortreffes therein fituated. But that the faid Son of the Queen of Spain, appointed by this Treaty to the Succeffion of the Great Duke of Tuscany, and the Duke of Parma and Placentia, may be more fully fecured against all Events, and may more certainly depend on the Execution of the Succeffion promifed him, and likewife, that the Fiefs constituted as above, may remain inviolable to the Emperor and Empire, it is agreed on both Sides, that Garrifons, not exceeding, however, the Number of Six thoufand Men, which will be put into the principal Towns thereof, viz. Leghorn, Porto Ferraio, Parma, and Placentia, be taken from among the Swiss Cantons; which Cantons are, for this Purpose, to be paid by the Three Contracting Powers, who have taken upon them the Part of Mediators. And the faid Garrifons are therein to be continued till the Cafe of the faid Succeffion fhall happen, when they fhall be obliged to deliver the Towns to the faid Prince appointed to the Succeffion. Nevertheless, without any Trouble or Charge to the prefent Poffeffors, and their Succeffors being Males, to whom likewife the faid Gaṛrifons are to take an Oath of Fidelity, and are to affume to themfelves no other Authority than only the Guard of the Cities committed to their Charge.

But whereas this beneficial Work may be longer delay'd than is convenient, before an Agreement can be made with the Swiss Cantons about the Number, Pay, and Manner of establishing fuch a Force, his Sacred Royal Britannick Majefty, out of his fingular Zeal for the faid Work, and the Publick Tranquillity, and for the earlier obtaining the End propofed, will not in the A z z

mean

mean Time refufe to lend his own Forces for the Ufe above-mentioned, if the reft of the Contracting Powers think good, till the Forces to be raised in the Swiss Cantons can take upon them the Guard and Custody of the faid Cities.

Soon after this Imperial Decree was deliver'd to the Diet of Ratisbon, the following Answer to it was pubJifh'd there, and communicated to all the Minifters of the Diet, not excèpting the Imperial Ministers themfelves: It was thought to be written by M. de Chavigny, Minister of France, and is as follows:

Doubtles, the Emperor's Goodness was impofed

upon, in relation to the Materials which make the Bafis and Ground-work of the Commifforial Decree 'publish'd at Ratisbon.

I. In what Light are we to confider the Reproaches caft upon the Allies of Seville, for difpofing of the Eflate and Property of a Third Perfon, when they are fo far from breaking in upon what was ftipuiated by the Treaty of London, (that is, the Quadruple Alliance) that they render it ftronger and more fecure? This was a Common Affair but the Emperor did not hurry himfelf to execute that Part which related to the Security of the Provifional Settlement of the Infante Don Carlos, though it was the very Condition without which fuch an Addition of Power as the Kingdom of Sicily had never been procured for the Houfe of Auftria. It is well known, with what Difficulty the Inftruments for the Inveftitures were obtained: To fay all in one Word, they were in a Manner extorted, because they could not be obtain❜d.

The

II. There is a wrong Application put upon what was ftipulated by the Vth Article of the Treaty of London, about the Confent of the Empire. It was provided by that Article, that the Confent of the Empire should be ask'd, for expediting the Acts of Inveftiture: The Emperor undertook that Part himfelf, to which he then thought he had a Right preferably to all others. Empire gave its Confent; but there was not a Word mention'd, either in the Decree then fent to the Empire, or in the Refult that follow'd thereupon, of any Meafures that had been, or might be taken, to fecure and effectuate the Introduction of the Infante Don Carlos into the Countries referved for him. The Emperor

then

1

Te then treated the Affair of the Garrifons as a Thing ab folutely indifferent to him; and an invariable Progrefs of the fame Spirit was obferved in all that pafs'd in the Diet in 1725. The Emperor did not profecute the Vth Article of the Quadruple Alliance in the IVth Article of the Treaty of Vienna; and yet, notwithstanding the confiderable Alteration made therein, the Empire acknowledged this laft Treaty to be exactly conformable to the Senfe of the Refult of the Year 1722. The Minifters who compofe the Diet will, without Doubt, find fome Footsteps of thefe Facts in their Journals or Mi. nutes. The Allies of Seville could not therefore iinagine, there was any Need of a new Confent of the Empire, when no Alteration in the leaft is made in the Effence of what was ftipulated by the Treaty of London. The Xth and XIIth Articles of the Treaty of Seville leave no Doubt as to the Intention of the Contracting Parties, fince they engage to fettle, according to the Right of Succeffion that has been agreed upon, and to maintain the most Serene Infante Don Carlos in the Poffeffion and Enjoyment of the Territories of Tuscany and Parma.

d

III. We cannot conceive how it could be afferted in the Commifforial Decree, that the Emperor was never "ask'd to accede to the new Treaty: The Fact is authentick enough, after the Answers which that Prince himfelf return'd to the Minifters of the Allies of Seville who are near his Perfon. Why fhould an Affair be called in Queftion, when the Proof of it is in every one's Hands? to wit, That the Minifters of the Allies of Seville did, in Purfuance of their Orders, continually - prefs the Emperor, that he would be pleafed, out of a juft and ready Condefcenfion, to put the laft Hand to fo wholefome a Work as that of Peace. The beaten Road for the Execution of the Treaty of London, was purfued for the Execution of the Treaty of Seville: The Emperor was applied to in the one, as much as in the other. That Road was not difagreeable to his Minifters, fo long as it ferved their private Ends; but as foon as they found there was not all the Complaifance they might expect paid to the Family-Interests of the Houfe of Auftria, they imputed it as a Crime to the Allies of Seville, to confide, as they ought to do, that the Emperor would communicate to the Empire the Measures newly taken: Which would not appear fo ftrange to the Court of Vienna, if they would be pleafed to call to Mind that they did in fome Measure put the

Allies of Hanover in the Way of the Negotiation, which now fills them with Indignation and Refentment; and that nothing has been done, but what the Emperor was very ready to do himself, had certain Conditions, effential to the Interefts of his Houfe, been comply'd with.

IV. It cannot be for the Defence of the prefent Poffeffors and of the Rights of the Empire, that the Emperor fends his Forces to Italy; becaufe on the one Hand, the Treaty of London, made at the Instances of the Emperor himself, fubjects the prefent Poffeffors to the Obligation of receiving Garrifons; and on the other Hand, there has been no Attack made upon any Thing wherein the Empire is concern'd. We muft make a Di ftinction between Pretenfrons and Rights eftablished eventually and conditionally, and an actual Poffeffion. The Territories now in Difpute do not actually depend upon the Empire: The Feodalty of thofe Territories is fettled only eventually: Upon this Principle, the Sovereign Rights of the Empire are but eventual. Can the States complain that the Precautions taken by the Quadruple Alliance are exceeded by the Treaty of Seville, when thofe the Emperor upbraids the Allies of Seville with, tend only to fecure the exact and faithful Obfervation of it? Is this to be effected by the Entrance of Imperial Troops, which is to precede the Introduction of the Infante Don Carlos, according to the Mandate Numb. 4. annex'd to the Commifforial Decree? The Spirit and Way of Wording this fame Mandate discover the whole Scene of Injury done to Spain by the Treaty of Vienna. Would it have been confiftent with the Prudence of fo many Powers united by the Treaty of Seville, to neglect the Taking of juft and folid Measures for the Execution of the Vth Article of the Treaty of London, after they had found, by fad Expérience, that the Treaty of Raden was not executed; and that it was in vain for the College of Electors to remonstrate about the Dutchy of Mantua, and feveral other Fiefs of the Empire in Italy?

V. The Emperor cannot upbraid France about their invariable Endeavours for the Prefervation of Peace and good Order in the Empire, without owning them at the fame Time himfelf: But can he complain of France, without wounding the Honour of the Guaranties of the Treaty of Weftphalia, fo dear to the whole Germanick Body, which France defires in the Affair of Mecklemburg,

and