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A72935 Articles, of a treatie of truce. Made and concluded in the towne and citie of Antvverp, the 9. of April 1609. betweene the commissioners of the most excellent Princes, Arch-dukes Albert and Isabella Clara Eugenia, as well in the name of the Catholicke Kings Maiestie, as in their owne. Together with the commissioners and deputies of the renowmed Lords, the Estates Generall of the Vnited Prouinces of the Low-countryes and that through the mediation and with the aduice of the Lords Ambassadors of the most Christian Kings, and of Great Britaine. At the Haghe by Hillebrant Iacobz, printer ordinarie to the Lords of the States Generall of the Vnited Prouinces of the Low-countreyes.; Treaties, etc. United Provinces of the Netherlands. Staten Generaal, 1609 Apr. 9 Netherlands. Sovereign (1598-1621 : Albert and Isabella).; United Provinces of the Netherlands. Staten Generaal. Treaties, etc. Netherlands. Sovereign (1598-1621 : Albert and Isabella), 1609 Apr. 9. 1609 (1609) STC 18455.7; ESTC S113147 8,513 24

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ARTICLES OF A TREATIE OF TRVCE Made and concluded in the Towne and C●●tie of ANTVVERP the 9. of April 1609. betwee● the Commissioners of the most Excellent Princes Archdukes ALBERT and ISABELLA CLARA EVGENIA as well in the name of the Catholicke KINGS Maiestie as in their owne Together with the Commissioners and Deputies the renowmed LORDS the Estates Generall of the Vnited Prouinces of the Low-countryes and that through the mediation and with the aduice of the Lords Ambassadors of the most Christian Kings and of Great BRITAINE AT THE HAGHE By Hillebrant Iacobz Printer ordinarie to the Lords the States Generall of the Vnited Prouinces of the Low-countreyes LONDON Printed for GEORGE POTTER and NICHOLAS BROVVN and are to bee sold at his Shoppe vnder the Royall Exchange 1609. To the Reader SO it is that the most excellent Princes Archduke Albert and Isabella Clara Eugenia c. hauing vpon the foure twentie of April 1607. made a Truce and Cessation of Armes for eight moneths with the most renowmed Lords the generall Estates of the vnited Prouinces of the Low-Countries in qualitie and as holding them for free Estates Prouinces and Countries ouer the which they pretend no authority The which Truce ought to be ratified with like declaration by the Catholike Kings Maiestie for so much as might concerne him and the said ratifications and declarations deliuered to the said Lords Estates three moneths after the said Truce as it is passed by Letters Patents of the eighteenth of September the said yeare And further giueth a speciall procuration to the said Lords Archdukes of the tenth of Ianuarie 1608. aswell in his name as in their owne to doe all that they shall iudge to bee fitte and conuenient to attaine to a good Peace or Truce for many yeares By vertue of which procuration the said Lordes Archdukes should also by their letters of Commission of the 27. of the same moneth name and depute Commissioners for to conferre and entreat in the said names and qualities and hereupon haue consented and agreed that the said Truce should bee prolonged and continued at sundrie times namely the 20. of May vnto the end of the said yeare 1608. But after they had assembled themselues diuers times with the deputies of the said Lords Estates who had also procuration Commission from them dated the 5. of February of the said yeare they could not come to agree of the said Peace for many great difficulties hapning among them For which cause the Lords Ambassadors of the most Christian Kings and of great Britayne of the Princes electors Palatine and Brandenburg Marques of Ansbach and Lantgraue of Hessen sent thither on the behalfe of the said Lords Kings and Princes to the aide and furtherance of so good a worke seeing that they were readie to depart and to break off al Treaty did propose a Truce for many yeares on certaine conditions contained in a writing by them deliuered to both parties with entreaty and exhortation to agree thereunto Vpon the which writing many other difficulties likewise hapning In the end this ninth day of April in the yeare 1609. there assembled Seignior Ambrosio Spinola Marques de Benafro Knight of the order of the Golden Fleece Counsellor of Estate and of the Warres to his Catholike Maiestie Master of the Camp Generall of his Armies and Seignior Iohn Richardot Knight Lord of Barby Counsellor of Estate and chiefe President of their Highnesses priuie Counsell Iohn de Mancicidor of the Counsell of warre and Secretary to his said Catholike Maiestie The reuerend father frier Iohn Neyen Commissioner generall of the order of Saint Francis in the Low-Countries and Seignior Loys Verreyken Knight Master of the requests and chiefe Secretary to their Highnesses c. By vertue of the letters of procuration from the said Lords Archdukes to treat as well in their names as in the name of the Lord King Catholike the tenor of which procuration is hereafter inserted with the like also of the said Kings on the one part and Seignior Loys Earle of Nassaw Catzenellebogen Vyanden Dietz c. Lord of Bilsteyn Gouernour and Captaine gene-ral of Frize the Citie of Groeningen and Ommelanden Drente c. Seignior Walrauen Lord of Bredero Vianen Vicounte of Vtrecht L. of Ameyden Cloetengen c. The L. Cornelius of Gendt Lord of Loeuen and Meynerswick Vicount Iudge of the Empire and of the Citie of Nuninegen Seig. Iehan of Oldenbarneuelt Knight Lord of Cimpell Rodenris c. Aduocate and keeper of the great Seale Charters and Registers of Holland and West-Frizeland Seignior Iaques of Malderee Knight Lord of Heyes c. The chiefe and representing the Nobility of the Estates and Counsell of the countie of Zealand the Lords Girard de Renesse Lord Vander Aa of Streeffkirck Niew Lecker landt c. Iellius Hillena Doctor of the lawes Counsellor ordinary of the Counsell of Frize Iohn Sloeten Lord of Sallicq Drossart of the County of Vellenhoo and Steward of the Seigneury of Claunder Abel Coenders of Helpen Lord In Faien and Cantes in the name of the said Lordes Estates as also by vertue of their Letters of procurations and Commission hereafter likewise inserted on the other part who together with the mediation and aduise of Lord Iohn Charles Baron of Chagnie and Monyeu Counsellor of Estate to the most christian King and his Embassador extraordinary with the said lordes Estates And the Lord Elias de la Place Knight lord of Russy Vicount of Marchault Counsellor also in the said Counsell of Estate Gentleman in ordinary of the said Lord the kings chamber Baylife and Captaine of Vitry le Francois and his ordinarie Ambassador with the said lordes the estates Sir Richard Spencer knight Gentleman in ordinarie of the king of great Britaynes priuie chamber and his Ambassador extraordinary vnto the said Lordes the Estates and Sir Raphe Winwood knight Ambassador ordinary and Counsellor to the said king in his Counsell of estate in the vnited Prouinces haue accorded and agreed in the manner and forme following 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 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 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 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 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 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 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 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 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 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 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