ARTICLES OF TRVCE. Made in the Citie of ANTVVERP, the 9. of April 1609. betweene the Commissioners of the most Excellent Princes, Archdukes ALBERT and ISABELLA CLARA EVGENIA, and the Estates Generall of the Vnited PROVINCES [...]f the LOVV-COVNTRYES.
FIrst, the said Archdukes and Dutches signifie and declare, not onely in their owne Names, but also in the Name of the King of Spaine, that they are well pleased and content to enter into Treatie with the Estates Generall of the Vnited Prouinces in qualitie, and as holding, accounting and esteeming them to be free Countryes, Prouinces and Estates, whereunto they pretend not any Right or Title of Soueraigntie, and in the Names and qualities aforesaid, at this present to make a [Page] Truce with them, vpon such Articles and Conditions as hereafter ensueth.
II. That is, that the said Truce shall bee good Firme, Loyall and Inuiolable, and shall continue and indure for the space of Twelue yeeres, and that during the said time, there shall bee an abstinence and discontinuance, and ceasing from all Actes of Hostilitie in any manner and fashion whatsoeuer, betweene the said King of Spaine, the Archduke and Dutches and the States Generall, as well by Sea and in all other Waters and Riuers, as by Land in all Kingdoms, Countryes, Lands and Signiories, and betweene all their Subiects and Inhabitants, of what qualitie or condition so euer they bee, without exception of place or Persons.
III. That either Side shall possesse, and effectually enioy all those Countries, Townes, Places, Landes, and Signiories, which they at this present hold, possesse and enioy, without any trouble, molestation, or contradiction whatsoeuer, during the continuance of the said Truce, wherein it is intended and to be vnderstood, that the Boroughs, Villages, Hamlets, and plaine Countries thereunto depending, shall be comprehended.
IIII. That the Subiectes and Inhabitants of the said Countries, belonging vnto the aforesaid King, Archdukes, and States, shall haue and vse all maner of good correspondence, and amitie one with the other, during the time of the said Truce, without calling to mind, or remembring any of the offences, hurts, and dammages, that they or any of them haue receiued, had, and endured in the forepassed [Page] Warres, and troublesome times, and shall and may freely frequent, inhabite, and dwell in each others Countries, and there vse and exercise their Trades, and trafficke of Merchandizes, with all securitie, both by Sea, and in other Riuers and waters, and also by Land: which neuerthelesse the said King of Spaine vnderstandeth to bee restrayned and limitted vnto the Kingdomes, Countries, Lands, and Seignories, which he holdeth and possesseth in Europe, and in other places & seas, where the subiects of the Kings and Princes that are his Friendes and Alies, haue the said free trafficke: and touching the Places, Townes, Ports, and Hauens, which hee holdeth out of the Limits aforesaid, that the said States and their subiects, shall nor may not vse any trade or trafficke there, without the licence and expresse permission of the said King: notwithstanding, they shall and may freely trade and trafficke (if they thinke it good) in the Countries of all other Princes, Potentates, and People, that shall or will permit, suffer, and graunt them leaue, and that without the said Limits, without any let, trouble or impeachment (of the said King, his Officers and Subiectes, that depend on him) for that cause giuen, vnto the said Princes, Potentates, and People, which haue permitted, or hereafter shal permit, suffer and grant it vnto them: nor vnto them of any of them in generall or particular, with whom they haue heretofore trafficked, or hereafter shall trafficke.
V. And for that it is requisite that a reasonable long time should bee granted and set downe, wherein to aduertise those, that are out of the said Limits with Ships and martiall Forces, to desist and abstaine from all actes of hostility; It is agreed and concluded, that the Truce aforesaid [Page] shall not begin till this day twelue moneth: alwaies prouided, that if notice of the said Truce may sooner bee sent vnto them, that from that time forth all Actes of hostilitie shall cease, but if after the space of one yeere, any act of hostilitie shal there be vsed and committed, the dammages done and receiued thereby, shall bee restored againe without any remission.
VI. That the Subiects and Inhabitants of the Countries of the said King, Archdukes, and States, trading and trafficking mutually in each others Countries, shall not be bound to pay greater customes, rights and impositions, then the naturall subiects of the said Countries, and of their friends and allies, that shall in that point be least charged and burthened.
VII. That the Subiects and Inhabitants of the States in the vnited Prouinces, shall haue the same securitie and libertie in the Countries of the said King and the Archdukes, that hath beene granted vnto the Subiects of the King of great Brittaine, by the last Treatie of Peace, and secret Articles made and concluded with the Constable of Castile.
VIII. That the Marchants, Masters of ships, Pilots, Saylers, Ships, Merchandises, Money, and other goods belonging vnto them, shall not be seised vpon nor arrested, by vertue of any Mandament or Commission generall or particular, nor for any cause concerning the warres, or otherwise, neither yet vnder any pretence of vsing them or any of them for the conseruation and defence of the Countries on either side. Neuerthelesse it is to be vnderstood, that Seasures and Arests made by the ordinarie wayes of Law, [Page] and Iustice, for Debts, Obligations and contracts depending thereon, whereby the said Seasures and Arests haue beene made, shall not bee comprehended herein, but that touching them, they shall bee proceeded in according to the ordinarie customes of Law and reason.
IX. And touching Trade and Traficke in the Netherlands, and the Taxes and Impositions that shall be taken and Leuied vpon Wares and Merchandises, if hereafter it shall be found that they are excessiue great and intollerable, and that thereby some hinderance may growe vnto the Subiects of the said Countryes, vpon the first motion and request made by the one, or the other part, certaine Committies shall be appointed to order and moderate the same, by common consent, if it may bee done. And yet neuerthelesse, without any breach of the Truce, although they cannot agree vpon the same.
X. If any sentences or iudgements shall haue beene giuen vpon, or against any person on either side, (not excepted) either in ciuill or criminal causes, they shal not be executed vpon the persons or goods of the parties condemned, during the time of the said Truce.
XI. That no letters of Marte, and reprisall shall bee granted or giuen out, during the said time, without good cause knowne, and in such cases wherein it is permitted to be done, by the imperiall lawes and Constitutions, and according to the Orders established and appointed by them.
XII. That it shall not be lawfull to arriue, enter nor stay in [Page] any Port, Hauen, Place or Roade in the countrie on either side, with Shippes, or such numbers of Souldiers as may breede any cause of suspition, without the leaue and permission of him or them, to whom the said Ports, Hauens, Places and Roades shal belong and appertaine, vnlesse they be forced to doe it by tempests, or of meere necessity, to auoyde the danger of the Seas.
XIII. That they, whose goods and lands haue bin seased vpon and confiscated by meanes of the warres, or their heires, hauing good cause, shall enioy their said goods during the said truce; and shall enter and take possession thereof, by their owne priuate authority, and by vertue of this present Treatie, without any recourse vnto Law or Iustice: Notwithstanding, any Incorporations, Confiscations, Morgages, Gifts, Contracts, Articles of agreement and transportations, or any renunciations made in the said transportations, thereby to exclude any part of the said lands and goods, from them to whom they ought to appertaine; vpon charge and condition, neuerthelesse, that they neyther shall nor may dispose thereof, nor yet raise nor diminish the rents of the same, during the time that they shall enioy and possesse them, without licence and permission first had, and obtained from the said Archdukes or the States.
XIIII. Which also shall take place for, and to the profite of the heire of the Prince of Orange deceased: namely, touching the rights which they pretend to haue in the salt pondes, in the Countie of Bourgoigne, which shall be permitted and quietly left vnto them; together with the Woods belonging to the same. And touching the Processe [Page] concerning Chastelbelin, begun in the life time of the said Prince of Orenge deceased, in the Court of Madrynes, against the King of Spaines Attorney generall; the sayde Archdukes faithfully promise, to cause Iustice to bee done therein, within the space of one yeare next ensuing, after the pursuite by them to be made, without any delay, and with all sincerity and right.
XV. If the Fiscall on either side, shall haue solde any goods or lands confiscated; they, to whom they ought to appertaine, by vertue of this present Treatie, shall be bound to content themselues with the interest of the price thereof, according to the last seasure, which shal be paide vnto them yearely during the Truce, by them that holde and possesse the same, or else it shal be lawful for them to adresse themselues vnto the Heritage it selfe that hath bin sold.
XVI. But if the said Sales haue beene made by order of Law and Iustice, for, and in consideration of the Truce, and lawfull debts of those, to whom the said lands and goods did appertaine before the confiscation made, it shall be lawful for them, or their heires vpon occasion offered, to redeeme them, paying the summe for the which they were solde, within one yeares time from the day of this present Treatie: after the which time, they shall not be permitted to do it; and the said redemption hauing bin made by them, they may dispose thereof as they shall thinke good, without seeking after any other licence or permission.
XVII. Neuerthelesse, it is not vnderstood that this redemption shall tend vnto, or concerne such houses as are situated in townes, and sold for that cause, in regard of the great discommodities [Page] & notable damages that the possessors therof shall thereby reape, by meanes of the alterations and reparations that they may haue made and done, in, and vnto the said houses, whereof the liquidation would be ouer long and difficulte.
XVIII. Touching the reparations and alterations, made in, and vpon other lands and goods sold, which are permitted to be reduced, if there be any such pretence made and called in question; the ordinary Iudges shall do each partie right and equity, according to the indifferency of the cause, the Inheritances remaining to the owners that sue for the same; for the summe wherunto the reparations or alterations shal be prised, without any right of holding or keeping of possession (to be permitted vnto those that shall haue bought them) vntill they shall be paide and fully satisfied therein.
XIX. If any fortifications or publike works haue bin made on eyther part with permission and authority of the superiors, in such places where restitution ought to be made by this present Treatie; the proprietaries therof shal content themselues with the estimation and valuation that shall be made thereof, by the ordinary Iudges, both of the said places, and also of the iurisdiction that they had therein, vntill the parties themselues can otherwise agree thereon.
XX. Touching the lands and goods of Churches, Colledges, and other spirituall places, within the vnited Prouinces, that were members depending vpon, and belonging vnto the Churches, Benefices and Colledges, that are vnder the obedience of the Archduke, which haue not bin solde before [Page] the first of Ianuary 1607. shall be restored vnto them againe; and they shall enter into, and possesse the same by their own priuat authority, without any officer of Iustice, and shall enioy the same during the said Truce, & yet without disposing thereof as aforesaid; but such lands and goods as haue beene solde before the said time, or giuen in payment by the Sates of any of the Prouinces; the rent of the value thereof, shall be paid them euery yeare, according to the last seasure, by the Prouince that shall haue made the said sale, and giuen or assigned the said goods in payment as aforesaid, so that they may be assured thereof. The like shall be done and obserued on the part and behalfe of the said Archdukes.
XXI. Those to whom the goods and lands confiscated ought to be restored, shall not be bound to pay the arerages of rents, charges and dueties, specially imposed and reserued vpon the said lands and goods, for the time that they enioyed not the same; and if they be sued, molested or troubled for the same, on either part, they shal be freely acquited and absolued thereof.
XXII. No pretence of any payment shall be made, touching hedging or ditching of the Lands solde, or to bee redeemed, but onely for such conditions or customs, as were anciently accustomed to be vsed and obserued, whereunto the Possessors are bound, by the Articles of agreement made thereupon, with the interests of the money payable at the entrie into possession, if any haue beene giuen, by reason of the last seisure, as aforesaid.
XXIII. Iudgements giuen touching lands and goods confiscated, [Page] against such parties as haue obeyed the Iudges, and haue bin lawfully excepted, shall be held for good and lawfull, wherein such as are condemned, shall not be permitted or allowed any appeale, but only by ordinary meanes.
XXIIII. The said Archdukes, and the States, either of them for their parts, shall appoint Officers and Magistrates to administer law and iustice in the Townes, and strong Holds, which by this present Treatie, are to bee yeelded vp, vnto such as owe them, to enioy them according to the Truce.
XXV. Such moueable goodes and fruits as are and haue beene confiscated before the conclusion of this present Treatie, shall not be subiect vnto restitution.
XXVI. Such actions or suites, as haue bin remitted by the said Archdukes or the States, for the profite of particular debtors, before the first of Ianuarie 1607. shall bee disanulled on both sides.
XXVII. The time that hath past since the beginning of the warres, from the yeere of our Lord 1567. vntill this present yeere, shall not bee reckoned to induce any prescription, betweene such persons as were of diuers parties.
XXVIII. Those that withdrew themselues into neuter Countries, during the warres, shall also enioy the benefite of this Truce, and may dwell and inhabite where they shall thinke good, and returne againe vnto their ancient habitations, there to dwell and continue in all securitie, obseruing the lawes of the Countrie, and no occasion of dwelling in any place, where they shall thinke good, shall be any cause, [Page] why their goods shall or may be confiscated, or seased vpon, nor they shall not in that case bee depriued of the enioying thereof.
XXIX. No newe Forts shall bee made during the said Truce, within the Low Countries, neither on the one side nor the other.
XXX. The Lords of the House of Nassaw, shall not be pursued, or yet molested, during the said Truce, neither in their persons, goods nor lands, for any debts made by the said Prince of Orange deceased, from the yeere of our Lord, 1567. vntill the day of his death, nor yet of the arrerages hapned and fallen out, during the seasing and withholding of the lands and goods that were chargeable for the same.
XXXI. If there be any preuentions of the Truce made by any particular persons, without the commandement or permission of the said King, Archdukes, or States, the dammages shall be recouered in the same place, where the said Preuentions haue bin made, if the parties bee found therein, or else in the place where they shall dwell, without any pursuite elsewhere to be made against them, either in their bodies or goods, in any sort whatsoeuer: neither shall it be lawful for them to enter into armes, or to breake the Truce for that occasion, but they shall be permitted (if it be manifestly proued that iustice shall in that case be denyed) to remedie themselues, as the maner is, by letters of marte or reprisals.
XXXII. All dis-inheritings and dispositions made of landes in [Page] hatred and dispight of the whore, are hereby declared void, and vtterly frustrated.
XXXIII. The Subiects and Inhabitants of the Countries of the said Archdukes, and the States, of what state and condition soeuer they bee, are hereby declared capable to bee heires and successors one vnto the other, both by testament, and also ab intestato, according to the customes of the places: and if any Successions did heretofore fall and escheat vnto any of them, they shall be maintayned and conserued.
XXXIIII. All Prisoners of the warres, shall be deliuered on both Sides, without paying any ransomes.
XXXV. And to the end that this present Treatie shall the better be obserued and kept, The said King of Spaine, the Archdukes, and the States doe particularly promise, to vphold and maintaine the same, and each of them to vse all the meanes they can to make all the passages Free, and to cause the Seas and Riuers within the Land to be kept free and Nauigable, against the incursions of mutinous Persons, Pirates, Cursaries and Theeues, and that if they can apprehend and take them, to cause them to bee rigorously punished according to their deserts.
XXXVI. They doe also promise, to doe nothing contrarie, or to the preiudice of this present Treatie, nor to suffer the same to bee done directly or indirectly in my wife whatsoeuer, and that if any such thing be done, to cause it to bee amended and recompenced; without any difficultie or delay. And for the obseruation of all the former Articles, the [Page] said King of Spaine and the Archdukes and their Successors, bind themselues particularly, and for the more and better assurance of their said Obligations and promises, they renownce all Lawes, Customes and things whatsoeuer contrarie to the same.
XXXVII. That this present Treatie shall be ratified, and approoued by the said Kings, the Archdukes and the States, and the Letters of ratification made by the said Archdukes and the States, to bee deliuered by the one vnto the other, in good and due forme, within foure dayes next ensuing. And touching the ratification to bee made by then said King of Spaine, The said Archdukes haue promised, and are bound, to giue and deliuer it vnto the said States, within three Moneths in good and due forme, to the end that the said States, and their Subiects and Inhabitants, may effectually enioy the fruites of this present Treatie with all securitie.
XXXVIII. That the said Treatie shall bee published in all places, where it is vsually to bee Proclaimed, presently after the ratification made by the said Archdukes and the States, and that presently and from henceforth all Acts of Hostilitie shall cease.