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A22705 Articles of peace, entercourse, 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.; Treaty. 1604 Aug. 18. England and Wales. Treaties, etc. 1604 Aug. 18. 1605 (1605) STC 9211; ESTC S100699 12,738 46

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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 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 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 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 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 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 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
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 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 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 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 shal be 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 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 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