Intervenante : Benedict Vanlanduyt (KULeuven & KULAK)

Confiscation and the seizure of enemy private property constituted an inherent and significant practice in the conduct of war between Christian sovereigns in early modern Europe. By the seventeenth century, the restitution of such confiscated or seized property had become a standard provision generally included in peace settlements. 

This presentation focuses on the textual interpretation and analysis of restitution clauses in peace treaties concluded between the Peace Treaty of Arras (1482) and the Peace Treaties of Utrecht (1713-1715).

The presentation is based on a chapter of the doctorate conducted within the framework of the FWO-funded project entitled: "Restitution of private property under the laws of war- and peace-making: the case of the Southern Netherlands (16th–18th centuries)", (project number G045923N). This chapter examines both the general principles and the particularities found in the restitution clauses of a number of historic peace treaties. Particular attention is given to the individuals eligible for restitution and the types of property subject to restitution, including immovable and/or movable goods, fruits and revenues, ecclesiastical properties, benefices, inheritances, and both private and state-related debts. Furthermore, the analysis considers additional aspects such as the post-restitution residence of original owners who had been compelled to change their domicile when their property was confiscated or seized during the war, as well as the procedural dimension of restitution and the broader judicial processes that accompanied the expropriation of property.

Retracing the development of restitution clauses from the Peace Treaty of Arras (1482) to the Peace Treaties of Utrecht (1713-1715), this presentation highlights the evolution of the characteristics and nuances of restitution within different state relations, with a particular focus on the Franco-Spanish treaty tradition and the tradition within the Southern Netherlands. These insights regarding the peace settlements themselves provide a foundation for further investigation into the genesis of the most significant treaties and the practical implementation of restitution provisions, often reflected in negotiation processes and archival documentation – important findings of which can also be included into the presentation.