Die Iovis 2 Junii. 1642.

WHereas it doth appeare to the Lords and Commons in Parliament, That the King, seduced by wicked Counsell, doth intend to leavy Warre against his Parliament; and whereas information hath beene given; That the Iewels of the Crowne (which by the law of the land ought not to be alienated) are either pawned or sold in Amsterdam, or some other parts beyond the Seas, and thereby great Sums of money provided to be returned to York, or to some of his Majesties Servants or Agents for His Majesties use: And whereas tis more then probable, That this great Provision of Monyes in such an extraordinary way, is to maintaine this intended warre, and there­by to bring the whole Kingdome into utter ruine and combustion. It is therefore declared by the Lords and Commons in Parliament. That who­soever hath beene, or shall be an Actor in the selling or pawning of any of the Iewels of the Crowne, or hath, or shall pay, lend, send, or bring any Money in Specie into this Kingdome, for, or upon any of those Iewels; Or whosoever hath or shall accept of any Bill from beyond the Seas, for the payment of any summe of money for, or upon any of those Iewels, and shall passe any summe according to such Bill, after notice of this Order, with­out acquainting this House with the receipt of such Bill before he accept the same; Or if he have already accepted any such Bill, then with the ac­ceptance thereof before the payment of the mony, Every such person shall be held and accounted a promoter of this intended warre, an enemy to the State, and ought to give satisfaction for this publick dammage out of His owne Estate.

H. Elsynge Cler. Parl. D. Com.

ARTICLES OF PEACE and COMMERCE, Between the High and Mighty Kings, CHARLES, by the grace of God, King of Great Britain, France, and Ire­land, Defender of the Faith, &c.

And JOHN the 4th King of Portugal, Algarres, &c. And their SUBJECTS, Concluded at London the nine and twentieth day of January, in the yeer of our Lord 1642. Stilo novo.

Translated out of Latin into English.

LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL. 1642.

¶ By the King.

WHereas the High and Mighty Prince, John the fourth, King of Por­tugall, &c. hath lately sent his Ambassadours to the Kings most Ex­cellent Majestie, decla­ring his desire to renew the ancient Con­federation and Amity between their Royall Predecessours, Crowns and Subjects; His Majestie out of His roy­all Care of the Peace and Tranquillity of His Kingdoms, and the freedom of Trade and Commerce of His loving Subjects, By the advice of His Privie Councell, hath been pleased to yeeld [Page] thereunto, and doth make known to His loving people, That the said Peace and Confederation is concluded and esta­blished between the said Kings, their Crowns, Kingdoms, Territories and Subjects: And the Kings most Excel­lent Majestie, for the direction of His Merchants in their Trade and Com­merce, hath given Command, That the Articles of this Treatie of Peace shall be published, straitly charging and com­manding all His Subjects of whatsoe­ver degree and estate to observe the same.

¶ God save the King.

ARTICLES OF THE TREATIE.

I.

FIrst, it is concluded and accord­ed, that there is and shall be for ever a good, true, and firm Peace and Amitie between the most renowned Kings, CHARLES, King of Great Britain, and JOHN the fourth, King of Portu­gall, their Heirs and Successors, and their King­doms, Countries, Dominions, Lands, Peoples, Liegemen, Vassalls and Subjects whomsoever, present, and to come, of whatsoever Condition, Dignity & Degree they maybe, as well by Land [Page] as by Sea, and Fresh-waters, so as the said Vassalls and Subjects are each of them to favour other, and to use one and other with friendly offices and true affection; And that neither of the said most renowned Kings, their Heirs and Succes­sors, by himself or by any other, shall do or at­tempt any thing against each other, or their Kingdoms, by Land or by Sea, nor shall consent nor adhere unto any War, Counsell, or Treatie in prejudice of the other.

II.

That between the most renowned Kings aforesaid, and the Vassalls, Inhabitants, and Sub­jects of each of them, as well by Land, as by Sea and Fresh-waters, in all and singular their King­doms, Dominions, Islands, and other Lands, Cities, Towns, Villages, Havens, and Territories of the said Kingdoms and Dominions, there is and shall be free Commerce (in which there was in the time of the Kings of Casteele, or hitherto hath been Commerce) so that without any Safe-Conduct, or other Licence generall or speciall, as well by Land, as by Sea and Fresh-waters, the Subjects and Vassalls of each King may and shall [Page] go, enter, and sail, in and to the Kingdoms and Dominions aforesaid, and the Cities, Towns, Havens, Shores, Sea-Rodes, and Territories of the same, and with Carriages, Horses, Burdens, Ships loaden or to be loaden, to bring in Mer­chandizes, to buy or sell, as much as they will, Victuals, and upon just Prices to make provision of things necessary for their sustenance and Voya­ges, and to repair their Shipping and Carriages of their own propertie, or hired, or borrowed by them, and from thence also with the same free­dom to depart with their Merchandizes, Goods, and things whatsoever, having paid onely such Customes and Tolles, as according to the Ordi­nances of each place are at that time rated, and may thence go without let or impediment unto their own Countries, or any other places where and how they please.

III.

And that the Subjects of each of the most renowned Kings before named, in the Domini­ons and Territories of the other, shall not be worse dealt withall then the naturall Subjects in their Sales and Contracts for their Merchandi­zes, [Page] as well for Price as otherwise, but that the condition of Forreigners and naturall Subjects shall be equall and alike as aforesaid, according to the practice of ancient Treaties made between the most renowned Kings of Great Britain and Casteele.

IV.

That the Subjects of the most renowned King of Great Britain shall at their own free will and pleasure use and enjoy any kinde of Mer­chandizes and Trading in Merchandize, in the Kingdoms, Provinces, Territories and Islands of the most renowned King of Portugall, in Europe; and that they shall as freely and in the same manner exercise their Trade of Merchan­dizes in the places aforesaid, as is permitted to the Subjects of other Princes and States in League with the King of Portugall; neither shall they be more burdened with Customs, Imposi­tions, or other Taxes, then the Inhabitants and Subjects of the said Lands, or other Subjects of any Nation whatsoever in League with the Por­tugalls, and they shall enjoy the same Priviledges which were granted to the English before Por­tugall was united to Casteele.

V.

That whensoever the Subjects of the King of Great Britain shall with their Ships arrive at the Havens of the most renowned King of Portugall in his Kingdoms and Dominions, they shall not be constrained by the Ministers, Officers, and Subjects of the King of Portugall, to put or load into their ships any other kinde or quantities of goods and merchandizes, then it shall please and seem good unto the said Subjects of the King of Great Britain: And that the Subjects of the King of Portugall shall enjoy the same freedome in the Havens and Dominions of the King of Great Bri­tain.

VI.

That if it shall happen that the Subjects of the most renowned King of Portugall, or any other within his Kingdomes and Dominions, or their merchandizes and goods shall be taken, seased or arrested by the Office of the Court of In­quisition, or the Judges, or Ministers thereof, which have been or shall be ingaged or indebted to the Subjects of the most renowned King of Great Britain, the said debts shall be fully paid [Page] out of the said goods and merchandizes, within the yeer immediately following the said arrest, without any hinderance or trouble of the said Court, or the Judges and Ministers of the same whosoever: And if any of the goods and mer­chandizes of the said Subjects of the King of Great Britain, shall remain in specie among the said goods and merchandizes so seized and arrested, the same shall be immediately restored unto them.

VII.

That the Captains, Masters, Officers, and Mariners of the ships of the most renowned King of Great Britain, or his Subjects, shall not commence any Actions, nor procure any trou­ble against the said ships, or any the Subjects of the said King, within the Kingdoms and Domi­nions of the King of Portugall, for their wages or salaries, under colour or pretext that they pro­fesse the Roman Religion, or shall have put them­selves into the service of the most renowned King of Portugall.

VIII.

That the Consuls named and appointed by the most renowned King of Great Britain, for the aid and protection of his Subjects, re­maining within the Kingdoms and Dominions of the most renowned King of Portugall, shall fully and freely exercise the power and authority of Consuls within the said Kingdoms and Do­minions, although they shall not professe the Roman Religion.

IX.

That if any Subjects of the most renowned King of Great Britain shall depart this life within the Kingdoms and Dominions of the most re­nowned King of Portugall, the books, accounts, merchandizes and goods of them, or of any other Subjects of the said King of Great Britain, shall not from henceforth be taken or seized by the Judges of Orphans and Absents, or their Mi­nisters, or Officers, neither shall they be subject to their Jurisdiction; but the same goods, mer­chandizes and accounts, shall be delivered, by the possessors of them, to English Agents, or Fa­ctors [Page] residing in that City, named and appointed by the said Deceased: And if he shall have named none while he lived, they shall be delivered to one or two English Merchants, (provided they be Bachelors) by authority of the Conservator of the English, having first given Caution with good Sureties to be allowed by the said Conser­vator, to restore the said Goods & Merchandizes to the true Owners thereof, or their lawfull Creditors: And those Goods which shall appear to belong to the Deceased, shall be delivered to his Heirs, Executors, or Creditors.

X

That the most renowned King of Portugall, or his Ministers within his Kingdoms and Do­minions, shall not arrest, or withhold the Ships of the Subjects of the most renowned King of Great Britain, or his Subjects, without his know­ledge and consent, for his services of War, or any other services whatsoever; But that the said Ships and Subjects may freely, and at their own pleasure depart out of the Ports and Dominions of the said King, without any hinderance of the said King of Portugall, or his Ministers: And that [Page] the Goods and Merchandizes of the Subjects of the King of Great Britain shall not be taken for the service of the King of Portugall, but for the just and common-price thereof, to be paid with­in two Moneths following, unlesse some other time of paiment shall be agreed on by both parts.

XI.

That the Subjects of the most renowned King of Great Britain shall freely carry in their Ships all things, Goods and Merchandizes, of what kinde soever they be, even Arms, Victuals, or any other of the like kinde out of the Ports and Dominions of the said King, or of any Ports and Dominions whatsoever, (so that they be not immediately carried out of the Ports of Por­tugall, or the Dominions thereof) to be trans­ported to any Ports and Territories of the most renowned King of Casteele; And that the most renowned King of Portugall, or his Subjects, shall not by Seizures, Reprizalls, or any other means hinder the said Ships, Goods and Per­sons of the Subjects of the King of Great Bri­tain, but that they may safely Sail to the Ports and Territories of the said King of Casteele, and [Page] there exercise their Merchandize and Trade: And that the Subjects of the Kings of Great Britain and Portugall shall on both parts have the same Power, if hereafter it shall happen that ei­ther of the said Kings shall have War with the Friend of the other, and the Subjects of the King of Great Britain shall carry all kinde of Merchandize, even Arms, Victualls, or any other of the like kinde, with the same Freedom into the Kingdoms and Dominions of the King of Portugall, and shall there sell the same at their own pleasure, in publike Market, or privately, without any hinderance of the most renowned King of Portugall, or his Ministers.

XII.

Item, That the convention of Truce made between D. Michael de Loronha, Conde de Linhares Vice-Roy of Goa, and William Methwold President of the English in East India, the 20th of January 1635. Stilo novo, shall be continued and kept between the Subjects of both Kings in East In­dia, and in all the Dominions of the most re­nowned King of Portugall beyond Cape Bona Speranza; And that the Commissioners to be [Page] named by the said Kings, shall in East India take Cognizance within three yeers of the Demands which have been or shall be made by the Sub­jects and Vassalls of both Kings, for their Com­merce in India aforesaid, that so a perpetuall Peace and Confederation may be confirmed and established by the said Kings, between their Sub­jects on both parts.

XIII.

And because the Commerce and free coming of the Subjects of the King of Great Britain to the Coasts and parts of Africa, the Island of S. Thome, and other Islands comprehended un­der them, could not yet be agreed on by reason of the defect of the Powers sent by the most re­nowned King of Portugall to his Ambassadors, that by this debate this present Treatie of Peace and Amitie between both Kings and their Sub­jects be not delayed, it is on both parts conclu­ded on, That in the Lands, Places, Castles, Ports, and Coasts of Africa, Guyne, Bine, &c. the Island of S. Thome, and other Islands comprehended under them, wherein it shall appear that the Subjects of Great Britain have dwelt for Trade [Page] of Merchandize, or have had Trade or Com­merce there in the time of the Kings of Casteele, or hitherto, there shall be no alteration or change, neither shall they have any trouble or injury done them by the Portugalls for that cause. And if any Customes be to be demanded from the Subjects of the King of Great Britain, on any cause, in the Castles, Islands, and Places afore­said, they shall not be greater or more grievous then those which shall be demanded from other Nations in League with the King of Portugall: And the Subjects of the King of Portugall want­ing Forreign Ships for their Navigation and Commerce to the Coasts and Islands aforesaid, may freely at their own pleasure hire the Ships of the Subjects of the King of Great Britain: And that Commissioners and Ambassadors shall be named by both Kings, who shall Treat and Conclude concerning the Commerce and free coming to the Coasts, Islands, and Places afore­said, which hath been demanded by the Commis­sioners of the King of Great Britain, for the Sub­jects of their King, being perswaded out of the confidence of the ancient amity which hath been between the Predecessors of the same Kings, that [Page] the most renowned King of Portugall will grant to no Nation more ample Rights, Immunities and Priviledges, then he will grant unto the Sub­jects of the King of Great Britain.

XIV.

And forasmuch as the most renowned King of Portugall by his Grant, confirmed by his Seal, dated in Lisbone the 21. day of January, in the yeer of the birth of Our Lord, 1641. hath given free power to the Inhabitants of the Lands sub­ject to the Dominions of the States of Holland, &c. to bring in, and to export all kinde of Mer­chandizes out of his Kingdoms, Dominions, and Territories, That the Subjects of the King of Great Britain shall have, and enjoy the same Power in the Kingdoms and Dominions of the said most renowned King of Portugall, accord­ing to the Tenour of the said Grant.

XV.

And that the English Merchants, and other Subjects of the King of Great Britain, shall enjoy as great, and the same Immunitie from being Imprisoned, Arrested or any other way troubled [Page] in their Persons, Houses, Books of Accompts, and Accompts, Merchandizes and Goods with­in the Dominions of the most renowned King of Portugall, as hath been granted, or shall be hereafter granted to any other Prince, or People in league with the King of Portugall.

XVI.

And because there is yet no agreement made concerning Fraighting of the Ships of the Sub­jects of the most renowned King of Great Bri­tain by the Portugalls, for their Commerce and Navigation into Brasill, it hath pleased both Parties, that Commissioners or Ambassadours shall be appointed, and sent by the said Kings within two yeers, who shall have power to treat and agree concerning this Article.

XVII.

And because the Rights of Commerce and Peace shall be made unprofitable, if the Subjects of the most renowned King of Great Britain shall be troubled for their consciences, while they go to and from the Kingdoms and Dominions of the most renowned King of Portugall, or [Page] reside there for Commerce or Businesse; There­fore that their Commerce be safe and secure, as well on Land as on Sea, the most renowned King of Portugall shall take care, and provide that they shall not be molested or disturbed for the said Case of Conscience, so as they give not scandall unto others. And although the most renowned King of Portugall do acknowledge that he hath not power to determine and di­spose of Faith and Religion, yet out of his love and great affection to the most renowned King of Great Britain, and the English Nation, he shall take care that the English, and other Subjects of the said King, shall have and enjoy as great Li­berty in the practice and exercise of their Religi­on within the Kingdoms, Dominions, and Ter­ritories of the King of Portugall, as shall be per­mitted to the Subjects of any other Prince, or Common-wealth whatsoever.

XVIII.

If it shall happen hereafter (which God for­bid) that any controversies and doubts shall arise between the said most renowned Kings, whereby there may be danger of the interruption [Page] of Commerce and Intercourse between their Subjects, there shall be publike Monition given to the Subjects on both parts, in all and singular the Kingdoms and Provinces of each King, and after such Monition they shall have two yeers on both parts to transport their Merchandizes and Goods, and that no trouble, impediment, or hurt shall be done in the mean time either to Things or Persons on either part.

XIX.

And if during this Peace and Amitie any thing shall be attempted, committed, or done against the force and effect thereof by Land, Sea, or Fresh-waters, by any of the said Kings, their Heirs and Successors, their Vassalls, or Subjects, yet notwithstanding this Peace and Amitie shall remain in strength and vertue, and the attempt­ers and offenders onely, and none others, shall be punished for such their attempts.

XX.

Item, It is concluded and accorded that the present Peace and Confederation shall not dero­gate from the Leagues and Confederations here­tofore [Page] made and contracted between the most renowned King of Great BRITAIN, and other Kings, Princes, and Common wealths, but that the said Leagues and Confederations shall be firmly kept, and shall hereafter remain in full strength, notwithstanding this Treaty of Peace.

XXI.

Finally, It is Concluded that the said most re­nowned Kings, CHARLES, King of Great BRITAIN, &c. and JOHN the fourth, King of PORTUGALL, &c. shall sincerely and faithfully observe and keep, and cause to be ob­served by their Subjects and Inhabitants, all and singular the Capitulations concluded and ac­corded in this present Treatie, and that they shall not, directly or indirectly, do contrary to the same: And that they shall confirm and ratifie all and singular the Conventions aforesaid, by their Letters Patents, subscribed with their Royall Hands, and with their Great Seals, in good and due form, and upon the first occasion shall deliver, or cause to be delivered the same, faithfully, really, and effectually: And they shall mutually binde themselves by promise, in the [Page] Word of a King, that they shall observe and keep all and singular the Premisses, whensoever they shall be thereunto required by either part; And they shall cause this present Peace and Ami­tie, in manner accustomed, to be published, so soon as the same conveniently may be done.

FINIS.

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