ARTICLES OF PEACE, ENTERCOVRSE, AND Commerce, Concluded in the names of the most high and mighty Kings, and Princes IAMES by the grace of GOD, King of great Britaine, France, and Ireland, defender of the faith, &c. And Philip the third, King of Spaine, &c. And Albertus and Isabella Clara Eugenia, Archdukes of Austrice, Dukes of Burgundie, &c. In a Treatie at London the 18. day of August after the old Stile in the yeere of our Lord God 1604. ¶ Translated out of Latine into English.
IMPRINTED AT LONdon by Robert Barker, Printer to the Kings most Excellent Maiestie. ANNO 1605.
- THOMAS Earle of Dorset, Baron of Buckhurst, high Treasurer of England.
- CHARLES Earle of Nottingham, Baron Howard of Effingham, chiefe Iustice, and Justice itinerant of all Forrests on this side Trent, high Admirall of England, and Captaine generall of the Nauies, and Seas of England, Jreland, and the Jles, and Dominions thereof.
- [Page]CHARLES Earle of Deuonshire, Baron of Mountioy, Lieutenant in the Kingdome of Jreland, Master of the Ordinance, Gouernour of the Towne, Jland, & Castle of Portesmouth, Knights of the most honourable order of the Garter.
- HENRY Earle of Northampton, Lord Howard of Marnehill, Lord Warden, and Admirall of the Cinque Ports.
- ROBERT Lord Ʋicount Cranborne, Lord Cecill of Esenden, Principall Secretary, Master of the Court of Wardes, and Liueries. All Lords of his Maiesties Priuie Counsell.
- IOHN DE VELASCO Constable of Castile, and Legion, Duke of the Citie of Frias, Earle of Haro, Lord of the Townes of Ʋillalpand, and Pedraça de la Sierra, Lord of the house of Ʋelasco, and of the seuen Jnfants of Lara, great Chamberlaine vnto PHILIP the Third, King of Spaine, &c. Counseller of State and Warre, President of Jtalie.
- IOHN BAPTISTA DE TASSIS, Earle of Ʋilla Mediana, Gentleman of the Kings Chamber, and Postmaster generall in the Kingdoms & dominions of the said King.
- [Page]ALEXANDER ROVIDIVS Professor of the Law in the Colledge of Millaine, and Senator of the Prouince of Millaine.
- CHARLES Prince, and Counte of Aremberge, Knight of the order of the Golden fleece, Counseller of State; and Admirall generall to the said Archdukes.
- IOHN RICHARDOT Knight, President of the Priuie Counsell, and Counseller of State.
- LODOVIKE VERREIKEN Knight, Principall Secretary, and Audienciarie.
❧ Articles of the Treatie.
FIrst it is concluded, and accorded, that from this day forward, there shall bee a good, sincere, true, firme, and perfect Amitie, League, & Peace, to endure for euer, and inuiolably to bee obserued and kept, as well by Land as Sea, and fresh waters, betwixt the most renowned King of England, Scotland, France, and Ireland, &c. And the most renowned King of Spaine, &c. And the most renowned Archdukes [Page]of Austrice, Dukes of Burgundie, &c. and their Heires and Successours whomsoeuer, their Kingdomes, Countreys, Dominions, Lands, Peoples, Liegemen, and Subiects now being, or which hereafter shall be, of whatsoeuer condition, state, or degree they are or may be, so as the said Vassals and Subiects from henceforth are each of them to fauour other, and to vse one another with all kind and friendly offices.
II.
ANd that from henceforth all Hostilitie, and enmitie shall cease, and all offences, iniuries or damages which either part (in time of the troubles) hath susteined by the other, shalbe taken away and forgotten, in such sort, as that hereafter neither partie against other, for, or vpon occasion of any damages, offences, depredations or spoyles past, may pretend any matter, but that there shall be a perfect abolition of all and euery of them vntill this present day: and that all actions for the same shall be held and reputed to be extinguished, excepting onely such depredations [Page]as haue beene committed since the xxiiij. of April 1603. (because of these an account is to be made:) And each partie shall hereafter abstaine from all depredations, offences, and spoiles as well by Sea as Land, and fresh waters, in whatsoeuer the Kingdomes, Dominions, Places, or Gouernments of the other: neither shal the aforesaid Princes consent, that any of the grieuances before mentioned, be done by any of their Vassals, Inhabitants, or Subiects: and they shall also cause restitution to be made of all depredations and spoiles which hereafter shall be committed, and of the damages growing by meanes thereof.
III.
ITem, that none of the forenamed Princes, their Heires, or Successors whosoeuer, by himfelfe or by any others, shall doe, treat, or attempt any thing against the other, or against their Kingdomes, Lands or Dominions whatsoeuer in any place, on Land or Sea, or in the Ports, or fresh waters, by pretence of any cause, or vpon any occasion; neither [Page]any of them shall giue assistance or consent vnto any Warre, Counsell, Attempt, or Treaties, had, made, or to be made in the preiudice of either, or against the other.
IIII.
ITem, that neither of the former parties, shall themselues giue, or shall consent to be giuen, by any of their Vassals, Subiects, or Inhabitants, aide, fauour, or counsell, directly or indirectly, on Land, Sea, or fresh waters: nor shall supply and minister, nor consent to be supplyed and ministred, by their said Vassals, Inhabitants and Subiects, vnto the Enemies or Rebels of either part, of what nature or condition soeuer they be, (whether they shall inuade the Countreys and Dominions of either of them, or withdraw themselues from their obedience and subiection) any Souldiers, prouision of Victuals, Monies, Instruments of Warre, Munitions, or whatsoeuer other aide else to maintaine Warre.
V.
ANd furthermore, the foresaid Princes shall renounce, as by the tenor of these Presents euery of them hath, and doth renounce, whatsoeuer League, Confederation, Capitulation, and Intelligence made by what manner soeuer, in the preiudice of the one, or the other, which doth or may repugne against this Peace, and Concord, and all, and singuler the Contents thereof: all which and euery of them, so farre as they doe concerne the effect aforesaid, they shall adnull, and make void, and declare to be of no force, or moment.
VI.
ITem, it is agreed and accorded, that the said most renowned Kings, and Archdukes, shall take care, that their Subiects shall from henceforth abstaine from all force, and wrong doing, and that they likewise shall reuoke all Commissions, and Letters of Reprisall, and Mart, or otherwise conteining Licence to take Prizes, of what condition, or [Page]kinde soeuer they are, being to the preiudice of the one, or other of the said Princes, or of their Subiects, whether the same haue beene giuen, or graunted by them vnto Subiects, or Inhabitants, or vnto Strangers, and shall declare the same to bee void, and of no force, as by this Treatie of Peace they are declared so to be; And whosoeuer shall do any thing to the contrary, he shall be punished not only criminally according to the merit of his offence, but shall also be compelled to make restitution, and satisfaction for the losses to the parties damnified, requiring the same.
VII.
ITem, as concerning the towns of Flushing, Brill, Ramekins, and other Forts and places thereunto appertaining, in which the garrison Souldiers of the renowned King of England, Scotland, &c. doe now remaine, for as much as the renowned King of England, &c. affirmeth that by contracts heretofore made, betweene Queene ELIZABETH of most happie memorie, (vnto whom his Maiestie in his Kingdomes doth succeed) and the States [Page]of the vnited Prouinces of the low Countreyes, he standeth in such sort bound, not to redeliuer the said Townes, Forts, and places to any others, then vnto those who deliuered the same for Caution, as that by the said Contracts, his Maiesties Faith, and Honour, (which he resolueth religiously to keepe towards all persons) being engaged, it is not free for him now to restore those places vnto the Archdukes; yet, in the word of a King, he doeth promise to enter into Treatie hereafter with the said States, wherein his Maiestie will assigne a competent time vnto them, to accept and receiue Conditions, agreeable to Iustice, and equitie, for a pacification to be had with the most renowned Princes his deare Brethren: which if the States shall refuse to accept, his Maiestie from thenceforth, as being freed from the former Conuentions, will determine of those Townes according as hee shall iudge it to bee iust, and honourable, wherein the said Princes his louing Brethren, shall find, that there shall bee no want in him of those good offices which can be expected of a friendly Prince.
VIII.
ITem, that the said most renowned King of England, Scotland, France, and Ireland, &c. will command, as hee seriously promiseth shall be commanded, that his garrison Souldiers vpon what cause or pretext soeuer, shall not serue, succour, victuall, or furnish with Artillerie, Gunpowder, Bullets, Saltpeter, or any other Munition, or assistance for Warre, the Hollanders, or other enemies of the King of Spaine, and the Archdukes: neither that they shall giue vnto them Aide, or doe any hostile Acte against the said King of Spaine, and Archdukes, or their Subiects: As also on the part of the King of Spaine, and the Archdukes, no hostile Acte shall be committed, or done against the said garrison Souldiers, or against the most renowned King of England, &c. or his Subiects.
IX.
ITtem, it is agreed and accorded, that betweene the most renowned King of England, Scotland, &c: and the most renowned [Page]King of Spaine, &c. and euery of their Vassals, Inhabitants, and Subiects, as well by Land, as Sea, and fresh Waters, in all and singuler their Kingdomes, Dominions, Islands, and other Lands, Cities, Townes, Villages, Hauens, & Streights of the said Kingdomes, and Dominions, there be, or may bee free Commerce, in which before the Warres there hath bene Commerce, like, and according to the vse and obseruance of the ancient Leagues, and Treatises, before the Warre, in such sort, and manner, as that without any safeconduct, or other Licence generall, or speciall, the Subiects of the one, or other King may freely, aswell by Land as by Sea, and fresh Waters, goe, enter, and saile, in and to the said Kingdomes, and Dominions, and all the Cities, Hauens, Shores, Sea rodes, and Streights thereof and put themselues into whatsoeuer Hauens of the same, where before the Warre there hath bene Commerce, like, and according to the vse, and obseruance of the ancient Leagues, and Treatises before the Warres, with Carriages, Horses, Burdens, Ships aswell laden, as to bee laden, to [Page]bring in Merchandizes, and there to buy, or sell as much as they will, and in the same places vpon iust prices to procure, and haue prouision of Victuals for their sustenance, and Voyages, and likewise as occasion shall require, to repaire such shipping and carriages, as either appertaine vnto them in propertie, or else they haue hired or borowed, and from thence also with their Merchandizes, Goods, and other commodities whatsoeuer, (the Customes, and Tolles, as they are presently rated according to the Ordinances of the places being paid) they may with like freedome depart, and goe to their owne Countreyes, or any other places at their pleasure without let or impediment.
X.
ITem, it is likewise agreed and accorded, that it may bee lawfull, to haue accesse vnto the Ports of the said Princes, and there to make stay, and from thence with the same libertie to depart, not onely with their Ships of Merchandises, and burthen, but also with other shipping furnished for Warre, and prepared [Page]to withstand the force of enemies: Whether they shall arriue there, either by force of tempest, or for repairing their Ships, or for prouision of victuals, so as they exceed not the number of sixe, or eight Ships, when they come in of their owne accord, nor that they continue, nor make stay in the Hauens, or about the Ports longer then they shall haue iust cause for the repaire of the same shipping, or for prouision of other necessaries, lest they should bee any occasion of Interruption vnto the free Commerce and entercourse of other friends and Nations in amitie: And whensoeuer any greater number of Ships of warre then is before specified, shal haue occasion of accesse into those Ports, then shall it not bee lawfull for them to make any entrance without the priuitie and consent of the Prince. Prouided also that they doe no hostile acte, within the said Ports, to the preiudice of the Princes, but demeane themselues there quietly, as friends and confederates, with speciall Caution euer to bee had, that vnder the colour and pretext of Commerce, no warlike aide, prouision of [Page]victuals, or of armes, or of munition or other such like materials for the Warres, be carried by the Subiects, Vassals, or Inhabitants of those Kingdomes, to the commoditie or benefit of the enemies of the one or other King. And whosoeuer shall attempt to the contrarie, shall bee punished with those sharpe paines and punishments, vsed to be inflicted vpon seditious persons and breakers of Faith and Peace. Prouided also, that the Subiects of the one, in the Dominions and Territories of the other, be not worse handled, then the naturall Subiects in their sales and contracts for their Merchandises, as wel in respect of the prises, as otherwise, but that the Condition of Forreiners be equal and like herein, vnto natural Subiects: Notwithstanding any Statutes or Customes to the contrarie.
XI.
ITem, it is agreed and accorded, that the most renowned King of England, Scotland &c. shall prohibite, and after the confirming of these present Articles, by Proclamation forthwith prouide, that no one of his [Page]Subiects, Inhabitants, or Vassals shall lade, or carie ouer by any meanes directly, or indirectly in his owne name, or in the name of any others, neither shall lend his Ship or other vessell for carriage, or vse his name for the transporting or conueying of any Ships, Merchandises, Manufactures, or any other thing, out of Holland, and Zeland into Spaine, or other the Kingdomes and Dominions of the King of Spaine, or the Archdukes, neither shall carrie in his Ships, any Holland, or Zeland Merchant vnto the said Ports, vpon perill of his Maiesties indignation, and other punishments vsually inflicted on the contemners of his Highnesse commandements. And to the effect that fraude (which through the likenesse of Merchandise might happen) bee the better auoyded: It is also prouided in this present Article, that the Merchandises to be carried, and conueyed out of England, Scotland, and Ireland, to the Kingdomes and Dominions of the King of Spaine and Archdukes, shall bee Registred and Sealed with the Seale of the Towne or Citie from whence they shall bee laden, and [Page]that they being so Registred and Sealed, shal without any difficultie or question whatsoeuer, bee reputed, and held for English, Scottish, and Irish Merchandises, and so respectiuely according to the Seale or Marke, bee allowed and admitted: Alwayes excepted, that in case of fraude, proofe shall be admitted, without stay notwithstanding or let of the course or venting of the Merchandises in the meane time: And touching such Merchandises, as shall not be Registred nor Sealed, the same are to bee Confiscated and taken for good Prize: And likewise all Hollanders and Zelanders, which shall bee found in the same Ships, may also bee taken and detained.
XII.
ITem, it is agreed that English, Scottish, and Irish Merchandises may be conueyed, and transported out of England, Scotland, and Ireland into Spaine, and other of the Kingdomes of the King of Spaine, (before mentioned) without the payment of the Imposition of thirtie in the hundred, lately imposed; [Page]but paying onely the Custome and Tolles vsually required, before the said Imposition of thirtie in the hundred.
XIII.
ITem, it is likewise agreed, that for the Merchandises. which English, Scottish, and Irish Merchants shall buy in Spaine, or other the Kingdomes of the sayd King of Spaine, and shall carrie in their owne Ships, or in Ships hired, or lent vnto them (except as before hath bene said the Ships of Hollanders and Zelanders) they shall pay onely such Tolles as were accustomed to bee paide before the Imposition of thirtie in the hundred, yet so as they conuey and carrie the same goods and Merchandises to the Kingdomes of the said most renowned King of England, Scotland &c. or to the Ports of the Prouinces, being in obedience to the Archdukes. And for the more suretie that fraude bee not committed herein, and that the said Merchandises bee not transported to other places and Kingdomes, and especially into Holland or Zeland, it is concluded, that the [Page]said Merchants shall binde themselues, at the time that they doe lade their Ships in Spaine, or in the other Kingdomes and Dominions of the said King of Spaine aboue declared, before the Magistrate of the place in which they shall lade, to pay the said Imposition of thirtie in the hundred, in case they carrie the same goods and Merchandises to other Dominions and Countries: And to obtaine also within the space of twelue moneths following, a Certificate from the Magistrate of the places, where they shall discharge or vnlade the same goods, testifying their discharge to haue beene either in the Kingdomes and Dominions of the King of England &c. or in the Ports of the Prouinces vnder the obedience of the said Archdukes: vpon the exhibiting whereof, the Obligations concerning those matters shall be deliuered vp, vnto the bringers of the same Certificates.
XIIII.
ANd also that the sayd most renowned King of England, Scotland, France and Ireland, &c. shall prohibite soone after [Page]the confirming of this accord, that none shall exporte any merchandize out of Spaine, or other Kingdomes of the King of Spaine, to be caried to other places then to his Maiesties Kingdomes, and the sayd Portes of Flanders, vpon penaltie of confiscation of all their merchandises, to the vse of the said King of England, &c. to be paide into his Maiesties Exchequer: of which merchandises, or the value thereof, one halfe is to bee giuen to the Informer, (the imposition of thirtie in the hundred being first deducted) to bee payed to the Ministers and Deputies of the King of Spaine, and the proofes lawfully receiued in Spaine, and transmitted into England in authenticall fourme, are to bee credited.
XV.
ITem, that the Magistrates of the sayde townes or Cities of his Maiesties Kingdomes, which shall make Certificates of the vnlading of shippes, and are to giue testimony of the registring of the merchandises, shal not commit any fraud therein, vnder [Page]perill of indignation of the Kings Maiestie, and paine of losse of their offices, and other more grieuous punishments at the Kings pleasure. This declaration being added, that when the King of Spaine and Archdukes shall agree with the French King, or with any other vpon the last Placard of thirty in the hundred, and the Commerce betwixt them be restored, then it shall bee lawfull to the Subiects of the sayd most renowned King of England, Scotland, &c. to transport their merchandises to the Kingdomes and Dominions of him, or them vnto whom Commerce shall be restored without the payment of thirty in the hundred, but onely paying the Tolles and Customes vsed and payed before the sayd imposition.
XVI.
THat which hath before been expressed, concerning the free Commerce granted vnto the Subiects of the said renowned kings, is to be vnderstood to bee likewise agreed on, for the Subiects of the most renowned King & Princes, the king of England, [Page]Scotland, France and Ireland, &c. and the Archdukes, to wit, that in all places whatsoeuer, their Subiects are bound reciprocally, to respect & to fauour ech other, and by mutuall kinde offices friendly to intertaine the one the other, and that by land, sea, and fresh waters, without any safe conduct or other licence generall or speciall, they may vnto the saide Kingdomes, Dominions, Lands, Villages, Towns, Cities, Sea shores, Hauens, Sea rodes whatsoeuer, freely, safely, securely, come, enter, sayle, carie and recarie their merchandises, buy, and sell, remaine, abide, and conuerse in the same, so long as it shall please them, any kinde of prouision for victuall, and things necessary for sustenance, and for voiages at iust & reasonable prices, and there repaire also (as occasion shall require) their shipping, and cariages, whether the same be their owne, or whether they be hired or borrowed: As also to depart from thence with like libertie, with merchandises, goods, and other things whatsoeuer (the Customes and Tolles according to the Statutes of those places being payd) and to dispose and follow [Page]their businesses freely, and to returne at their owne pleasure, either into their owne Countreys, or to any other place, without any impediment or let, so as the Subiects of the most renowned King of England, &c. vse not the shipping of the Hollanders, or the vnited Prouinces, and bring not into the Prouinces of the Archdukes any of the manufactures of Holland, or of the vnited Prouinces bought wheresoeuer, neither any other thing, for which there was paid in Holland any tribute, nor that they transport any thing from the Archdukes Prouinces, vnto them of those Prouinces vntill a pacification be accorded: Nor that they receiue any the goods or Hollanders, or of those other places vnited into their ships, nor trust any of their owne goods in the ships of Hollanders, nor fraudulently by lending their names, colour the goods of any Hollander, or other of the vnited Prouinces: for that if any thing be committed to the contrary, and the same be found, it shall bee held for iust and lawfull Price.
XVII.
ANd the aforesaid Prouisoes are not only to bee vnderstood of ships laden or to be laden in cause of Commerce, but also of shippes of Warre which the said Princes haue or shall haue armed to represse the Attempts of their Enemies: insomuch as that it may be lawfull for such Ships of warre, not exceeding the number before mentioned, if they happen to be constrained either by force of tempest, or for buying of Victuals or other things, or for repaire of shipping, to vse the same libertie in arriuing, staying, and departing: so that they doe no Hostile acte in the said Ports, but demeane themselues honestly and quietly, as it becommeth confederates and friends: and so that they stay and remaine not in, or about the same Ports any longer then shall bee needfull for reparation and prouision of necessaries, that thereby they be not a hinderance or interruption to the free Commerce and Entercourse with other Nations that are in Amitie and Friendship: but where occasion shall fall out of arriuall [Page]of any greater number of Shipping then before specified, it shall not bee lawfull for them to enter, but with the knowledge and allowance of the Prince.
XVIII.
ANd as the saide Kings and Archdukes doe religiously promise, that they will not at any time yeeld any Warlike succour to any of the others enemies, so it is prouided that their Subiects, or the inhabitants in their Realmes, of what nation or qualitie soeuer they be, may not vnder colour of Entercourse and Commerce, nor vpon any other colour or pretence giue any ayde or helpe to the enemies of the sayd Princes, or of either of them, or conferre, or supplie them with money, prouisions of victuals for warre, Amour, Municion, Ordinance, Artillerie, or other warlike prouision, and those which shall do the contrary, are to take knowledge, that they shall bee punished with the seuere punishments accustomed to be inflicted vpon breakers of League, and seditious persons.
XIX.
AND that also greater benefite may through this Concord come vnto the Subiects of the most renowned King of England, Scotland, &c. and of the Archdukes, it is accorded and concluded, that the said most renowned King of England, &c. and Archdukes ioyntly and seuerally, will doe their endeuours, that their Subiects haue not the passages stopped or letted vnto any of their Ports, Kingdomes and Dominions, that thereby they bee not hindered, freely and without impediment to come and goe, with their Shipping, Merchandise, and Carriages (the ordinarie Customes and Tolles being paide) to al the said Ports, Kingdomes, and Dominions: and with the like libertie (when it shall seeme so good vnto them) with other Merchandises from thence to depart.
XX.
BVt as concerning the ancient Treatises of entercourse and Commerce, whereof diuers are extant, betwixt the Kingdomes [Page]of England, Scotland, and Ireland, and the Dominions of the Dukes of Burgundie, and Princes of the Low Countreyes, which notwithstanding during the late troubles haue beene intermitted, and peraduenture in some parts impaired; it is agreed by way of prouision, That they shall retaine and haue their auncient forte and authoritie, and that they shall bee vsed on both parts, as they were before the Warres: And if it happen that either by both partes or any one part any breach thereof be alleadged, or that the Subiects shall complaine that the Conuentions are not obserued, or that more grieuous burdens then were accustomed are imposed on them, there shall bee Deputies appointed on either part which may meete, and calling vnto them (if neede be) Merchants experienced in such matters, may friendly Treate, and equally renew, and restore such things, as shal bee founde either to haue slipped out of course, or to haue beene changed by the injurie of time, or by corrupt custome and vse.
XXI.
ANd for that the rights of Commerce which doe ensue by Peace ought not to be made vnfruitfull, as they would be if the Subiects of the most renowned King of England, Scotland &c. whilest they haue recourse to and from the Kingdomes and Dominions of the said King of Spaine and Archdukes, and do remaine there for Commerce, should bee molested in the cause of Conscience: therefore to the intent their Traffique may be safe, and without danger, as well on Land as on Sea, the said renowned King of Spaine, and Archdukes shall take care, and prouide, that for the said cause of Conscience they shall not be molested, nor inquieted in vsing their Trade and Commerce, so as they giue not scandall vnto others.
XXII.
ITem, that if it happen any goods or Merchandises prohibited to be carried, or conueyed out of the Kingdomes and Dominions of the said most renowned Kings and [Page]Archdukes, by the Subiects of the one or of the other, that in such case the person onely offending shall incurre punishment, and the goods onely prohibited shalbe Confiscated.
XXIII.
ITem, that the goods of the Subiects dying within the Kingdomes or Dominions of either, shall be conserued to the right heires and successours of the deceased, the right of a third Person alwayes reserued.
XXIIII.
ITem, that the Graunts and Priueledges giuen by the Princes to Merchants of either of the Kingdomes comming to their said Kingdomes, and which Priueledges through the Warres haue ceased, shall from henceforth wholly bee reuiued and haue their full force and strength.
XXV.
ITem, if it shall happen hereafter, (which God forbid) that any displeasure doe arise, betweene the said most renowned Kings, [Page]the King of England, Scotland, France, and Ireland, &c. And the King of Spaine, or the Archdukes, whereby danger might grow of the interruption of entercourse and Commerce, then the Subiects of either Prince are thereof so to be admonished, as that they may haue sixe Moneths from the time of the monition, to transport their Merchandises without any arrest, disturbance, or hurt in the meane season, to be done or giuen vnto them either in their persons or Merchandises.
XXVI.
ITem, that none of the foresayd Princes shall imbarge or stay for their prouision in warre, or for any other seruice, to the preiudice of the owners, the ships of the Subiects of any of the others, being in their Ports, or waters, vnlesse the Prince of those parties to whom the ships doe appertaine, shall first be admonished thereof, and shall also yeeld his consent thereunto.
XXVII.
ITem, it is accorded, that if during this Peace and Amitie, any thing happen to be [Page]attempted, committed or done, against the force and effect thereof, by land, sea, or fresh waters, either by any of the said Princes their Heires and Successors, their Vassals, Subiects, or Allies comprehended in this League, or of any the Heires or Successours of those Allies their Subiects, or Vassals, yet notwithstanding this Peace and Amitie, shal remaine in his strength and vertue, and the attempters, and such as doe offend therein onely, and no other, shall bee punished for their attempts.
XXVIII.
ITem, that such as haue beene taken in warre, and are Captiues on either part, although they be condemned to the Galleys shall be released and dismissed, the charges of the diet of such as are not in the Galleys being first discharged, and the ransomes of such as haue before agreed for the same, being by them payed.
XXIX.
ITem, it is concluded, that all ciuill actions, which at the time when the last warres began, were of validitie, and of force, may [Page]yet bee exercised and pursued, notwithstanding any lapse of time during the same war, so as no preiudice shall bee vnderstood to haue growen vnto them, by the continuance of the warre, those onely excepted which are already come to the Exchequer or Princes Treasurie.
XXX.
ITem, if any controuersie happen to bee moued in the Kingdomes and Dominions of the one or other of these Princes, by any person not being Subiect to the same Prince, for, or vpon occasion of any depredations or spoyles committed, the cause is to be remitted to the Iudge of the iurisdiction, vnder that Prince against whose Subiect or Subiects the suite is commenced.
XXXI.
ITem, that if the Hollanders and other confederate States, will accept of conditions of pacification with the most renowned Archdukes, or their Successors, through the meanes of the most renowned king of England, &c. the sayd Archdukes and their Successors, [Page]will alwayes willingly hearken vnto that which shal be proposed therein, and will desire that by the helpe of the sayd most renowned King of England, &c. they may bee brought to embrace equall cōditions, wherin they shal wel vnderstand, how much the said Archdukes doe attribute vnto the authority of the most renowned King of England, &c. their louing brother.
XXXII.
ITem, it is concluded and accorded, that in this present Treatie of peace, there bee comprehended the Adherents, friends, and confederats, of the forenamed Princes: That is to say, on the part of the most renowned King of England, Scotland, France and Ireland, &c. Rodulphe Romane Emperour, with the Archdukes of Austrice, and the Electors of the Empire, together with the States, and Cities of the Empire, the Duke of Lorrain, the duke of Sauoy, the dukes of Brunswicke, Lunenburg, Meckleburg, Wirtemberg, the Landgraue of Hesse, the Marquesse of Baden, the duke of Pomerane, the Prince of Anhalt, [Page]the Earle of East-freisland, the Cantons of Heluetia, and the Grisons, the Haunse-cities; The French King, the King of Poland, and Swethland, the King of Denmarke, the duke and State of Venice, the duke of Holst, the duke of Florence.
XXXIII.
ON the part of the King of Spaine and Archdukes, Rodulphe Romane Emperour, and his Brethren, and other Princes, Archdukes of Austrice, Princes of the Empire, the Electors, Cities, and States subiect to the Empire, the French King, the King of Poland and Swethland, the King of Denmarke, the duke and State of Venice, the duke of Sauoy, the duke of Bauire, the duke of Cleue, the duke of Holstein, the duke of Lorraine, the duke of Parma and Placentia, with his Brother, the Cardinall, the Bishop and Prouince of Liege, the duke of Florence, the duke of Mantua, the duke of Mutina, and Regium, the duke of Vrbine, the Confederats and Cantons of the Heluetians, and Grisons, the Cities of the Haunse, the Earles of Eastfriesland [Page](without notwithstanding any preiudice of the right by the King of Spaine, and Archdukes pretended for their States) the duke and Common wealth of Genua, the Common wealth of Lukes, the Principall of the House of Columna, the Prince of Oria, the Principall of the house of Vrsine, the duke of Sermoneta, the Lord of Monacho, the Earle of Mirandula, the Marques of Massa, the Earle of Sala, the Earle of Colorno.
XXXIIII.
ITem, it is likewise accorded and concluded, that the saide most renowned Kings and Princes, IAMES by the grace of God King of England, Scotland, France, and Ireland, &c. And PHILIP King of Spaine, &c. Albert and Isabella Clara Eugenia, Archdukes, &c. shall sincerely, and faithfully obserue and keepe, and procure to be obserued and kept, by their Subiects, and Inhabitants, all and singuler the Capitulations in this present Treatie accorded, and concluded, neither shall they directly or indirectly infringe the same, or consent that the same shalbe infringed, [Page]fringed, directly, or indirectly, by any of their Subiects or Inhabitants, and they shal ratifie, authorise and confirme, all and singular the Conuentions as before accorded and concluded by Letters Pattents, subscribed with their owne hands, and sealed with their great Seales in sufficient, auaileable, and effectuall forme, and the same so formed and made, shall vpon the first occasion deliuer or cause to be deliuered faithfully, really, and effectually; And they shall make the like promise to obserue all and singular the premisses, in the word of a King and Prince, and shall also sweare to obserue and performe the same by oath vpon the holy Euangelist, (whensoeuer they shall, by either part be thereunto required.) And the said Kings and Archdukes shall take care that this present Peace and Amitie be published in places accustomed, so soone as conueniently the same may be.
❧ Articles concerning Merchandize of high Germanie to be transported into Spaine, free of the Imposition of 30. in the 100.
THE more to expresse obseruance towardes the most renowned King of England, &c. and for the commoditie of his Maiesties Kingdomes, the Illustrious and excellent the Constable of Castile, &c. Procurator speciall of his Cath. Maiestie, hearing how much the Subiects of the most renowned king of England, Scotland, France and Ireland, doe desire to be permitted to vent the merchandise of Germanie in Spaine, doeth by these presents promise, that it shall be lawfull for the sayd Subiects of the most renowned King of England, &c. to conuey merchandise out of high Germanie, being subiect to the Imposition of thirtie in the hundred, and which without payment of the sayd Imposition could not be caried into Spaine, and the same merchandise hauing [Page]first been conueyed into England, and there discharged, & customed, from thence after to be transported into Spaine, or other the Dominions of the King of Spaine, without payment of thirtie in the hundred, so as the said merchandise hath payd nothing to the Hollanders, and Zelanders, and other enemies of the King of Spaine, and the Archdukes: and so as they be conueyed in the proper ships of the most renowned King of England, &c. or his Subiects, and not in others of any other Prince, or Nation, or of other whomesoeuer. And to the effect that fraude herein may bee auoyded, the Merchandises of high Germanie, which are to bee transported foorth of England, Scotland, and Ireland, to the Kingdomes and Dominions of the King of Spaine and the Archdukes, shall bee Registred and marked with the Seale or Marke of the Towne from whence they shall bee laden, and certified by a Certificate from the Magistrate of the said Towne or Citie, testifying that the said Merchandises were discharged in England, Scotland or Ireland, and that they haue paide Custome there, as well vpon perill [Page]of the Kings Maiesties indignation, as also vpon paine of losse of their Offices and other more grieuous punishments, to bee inflicted at the Kings pleasure, vpon the Magistrates of the Townes and Cities of the Kingdomes, of the said most renowned King of England, &c. which are to certifie the vnlading of Ships, and to testifie of the Registring thereof, if they shall herein commit any fraude.
II.
ITem, that whatsoeuer merchandizes of high Germany, shall not bee discharged in England, Scotland and Ireland, and yet shall be conueyed into Spaine, and other Kingdoms of the King of Spaine as such merchandises, shall be confiscated, and bee reputed as good Prize.
¶ Three Articles concerning a moderation to be had in the proceedings of the Inquisition, toward the Kings Maiesties Subiects, in SPAINE.
FIrst, if they haue exceeded in any thing before their entrance into Spaine, they shall not be called into the INQVISITION for the same, neither shall bee molested for any of those things so committed, out of Spaine, neither shall any Account for the same bee demaunded of them.
II.
ALso if they will not enter into the Churches, no man shall compell them thereunto, but if they doe enter into the same, they shall performe those dueties & reuerence, which are vsed towards the holy Sacrament of the Altar being there, and if they shall see the holy Sacrament comming towards them in any streete, they shall doe reuerence by bowing their knees, or else to passe aside by some other streete, or turne into some house.
III.
ANd if any of the said persons being Masters, or Masters Mates, or any other Officers of ships, which bee not their owne, doe exceed in any matter herein, the INQVISITION proceeding against them by Office, is onely to sequester their owne proper goods, and are to leaue free the ships and all other goods not belonging to the Offenders; the same is to be vnderstood for the Traders and Factors.