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A90643 The articles and conditions of the perpetuall peace concluded between the most potent King of Spaine, &c. on the one partie, and the high and mightie Lords, the States Generall of the Vnited Netherlands, on the other partie, subscribed and sealed the 13th. of Ianuary, 1648. At Munster. Philip IV, King of Spain, 1605-1665. aut; United Provinces of the Netherlands. Staten Generaal. aut 1648 (1648) Wing P1985A; Thomason E434_10; ESTC R206224 19,927 32

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on the behalfe of the Fiscall in stead of the goods sold as also the rents or actions which are laid upon the Fiscall respectively may also be disposed of by the proprietors of them by sale or otherwise as their own goods 25. The which shall take place for the use of the heyres of the Lord Prince William of Orange yea for the rights which they have in the Salines of the County of Burgundy which shall be restored and left to them with the Woods which depend therein in regard of that which shall not be found to be bought and paid for by his said Majesty 26. In which is also meant to be comprehended the other goods and rights lying in the Countries of Burgundy and Charlois and what in order to the Treaty of the ninteenth of Aprill 1609. and the seventh of January 1610. respectively is not yet restored to the said proprietors and their heires or those who have their rights on both sides shall every where with the first be restored in good faith 27. As also therein is meant to be comprehended the goods and rights which after the expiration of the League of 12 yeares by sentence of the high Councell of Mechleu to the prejudice of the Fiscall were adjudged to late Earle John of Nassau or in what manner the said Earle had the possession of them in whatsoever places lands or dominions the said adjudged goods and rights may lye and by whomsoever they may be possessed the which sentence by virtue of this Treaty is and is held as void and all other possession gotten as aforesaid is made void 28. And what concerns the suit of Castelbelijn commenced in the life of the said late Lord Prince of Orange before the high Councell of Mecheleu against the Atturny generall of the King of Spaine forasmuch as the said suit was not ended within the tearm of a year after the prosecution made therein as in the fourteenth Article of the League for twelve years was promised to be done it is agreed that presently after the concluding and ratification of this present Treaty the Fiscals in the name of his Majesty or in whose name soever the same may be shall presently make assignement of all the goods claimed in the said suit and by whomsoever and by what right soever the same are possessed also in the name and on the behalfe as afore shall renounce all actions and pretences wich the said Fiscall may any wise have or could pretend on the said goods for presently after the conclusion and ratification of this Treaty and by virtue thereof and without any recourse in Law to be received by the present Lord Prince of Orange his heires and successours or those having his right and taken into free and unincumbred possession but the profits received and enjoyed with the charges of them unto the day of the concluding of this Treaty shall remain to the use of the Fiscall 29. In case difficulty be in any place found in the restitution of the goods and rights which must be restored the Judge of that place shall without delay cause the restitution to be effected and take the shortest way therein without that the restitution may be delayed under pretence of the non-payment of the principall or otherwise 30. The Subjects and Inhabitants of the United Netherlands may where ever they are in the Countries under the obedience of the said Lord the King of Spaine be assisted with such Advocates Atturnyes Notaryes Sollicitors and Executors as they shall think good whereunto they shall be also chosen by the ordinary Judges when it shall be needfull and the said Judges shall be thereunto required and reciprocally the Inhabitants and Subjects of the said Lord the King coming into the Countries of the said Lords States shall also enjoy the same assistance 31. In case the Fiscall hath caused any confiscated goods of the one or the otherside to be sold of those to whom the same must belong by virtue of this Treaty they shall be bound to be content with the Interest of the price at the rate of the sixteenth penny thereof to be annually paid by the proximity of those who possesse the said goods else it shall be permitted to them to addresse themselvs to the Lands of the Inheritances sold with this proviso that in stead of the goods sold the rents or interests redeemed or the principall thereof by in the name of the respective Fiscals letters patents shall be granted to the use of the owners their heires or such as have their action which shal serve them for a declaratory evidence in conformity to the Treaty with an assignement of the annuall payment on some Rent-master in the Province where they are sold or remitted the which Rent-master shall be named therein and the price shall be accounted according to the first sale being done publickly or otherwise as is fitting the first year of which rent shall be ended a year after the date of the conclusion and ratification of this present Treaty 32. But in case the said sales were done by justice for due and lawfull debts of those to whom the said goods used to belong before the confiscations it shall be permitted them or their heyres and those that have their right to take them to themselves paying the price within a year to be accounted from the day of this present Treaty after which time they shall not be any more receiveable for it and the said allowance and sale being by them done they may dispose thereof as they shall see good without that it be needfull to obtaine any other leave for it 33. Yet it is provided that the said retaking shall not have place for houses sold which lye in Cities which for that cause have been sold the dearer because of the great inconveniency and notable dammage which the purchasers would have by reason of the change and repairing which may have been done in the said houses for which the Liquidations would be too tedious and heavie 34. And for the reparations and amendments done to other goods sold of which the sale is permitted in case they be claimed the ordinary Judges shall doe right upon knowledge of the businesse the Lands and inheritances remaining morgaged for the summe whereunto the amendments shall be liquidated without neverthelesse giving leave to the said purchasers to use the right of Arentment for to be paid and satisfied therefore 35. All undiscovered goods and rights moveables and immoveables rents actions debts credits and other things which have not been seazed by the Fiscall upon due knowledge of the businesse before the day of the concluding and ratification of this Treaty shall remaine to the free and full disposall of the owners their heires or such as have their right with all the Interests rents revenewes and benefits and those who have concealed the said goods and rights or their heires shall not be troubled for the same by the respective Fiscalls but the owners their
of the Vnited Provinces into the Countryes of his said Majesty shall be there received and admitted without to be taxed higher then as bay salt is and also that salt coming out of the lands of his said Majesty into the Vnited Provinces shall be admitted and vented without that the same be higher taxed then the salt of the said Lords the States 14. The river the Scheld as also the Channels and the Sas Swyn and other sea gaps belonging to them shall remain blockt up on the side of the Lords States 15. The ships and goods coming in and out of the havens of Flanders respectively shall be and remain taxed by the said Lord the King with such Imposts and other charges as the goods of the Scheld and other channels contained in the article above are taxed or rated in coming and going respectively and shall be hereafter agreed between the partyes on both sides at the foot of the said equall taxations 16. The Hans-cities with all the Burgers Inhabitants and territories of the same shall in matter of navigation and commerce in Spain the Realmes and Countries of Spain enioy all and the same rights freedomes Immunities and priviledges which by this present Treaty are agreed or hereafter may be agreed for and on the behalfe of the Subjects and Inhabitants of the United Netherlands they shall enjoy all the same rights freedoms immunities priviledges and capitulations as well for making of Consuls in the ports or sea towns of Spaine and elsewhere where it shall be needfull as for the Merchants Factors Ship-masters Mariners or otherwise even as the said Hans towns in generall or particular have formerly had and practised or shall hereafter get and practise for the security profit and advantage of the navigation and commerce of their Cityes Merchants Factors Assignes and others which depend on them 17. Also the Subjects and Inhabitants of the Countryes of the said Lords the States shall have the same security and freedome in the lands of the said Lord the King as is granted to the Subjects of the King of great Brittaine by the last Treaty of Peace and secret Articles made with the Constable of Castile 18. The said Lord the King shall with the first good opportunity grant that civill places be ordained for the burying of the bodyes of such of the said Lords States party as shall happen to dye under the obedience of the said Lord the King 19 The Subjects and Inhabitants of the Countries of the said Lord the King coming into the Countries of the said Lords the States shall carry themselves with all civility in matters of the publique worship of religion without giving any scandall by words or actions and without any reviling speeches and the same shall be observed by the Subjects and Inhabitants of the lands of the said Lords States coming into the lands of his Majesty 20. Likewise the Merchants Ship-masters Pilots Maryners their ships merchandise ware and other goods belonging to them may not be stopped nor arested by vertue of any command generall or particular and for whatsoever cause it be either for warre or otherwise yea not under pretence to have them serve for the conservation and defence of the Country by which is not meant to containe the stops and arrests of Justice in the ordinary way by reason of any debts bonds and obliging contracts of those against whom the said stoppings shall be made but therein shall be proceeded as is usuall according to law and reason 21. On both sides shall be appointed some Justices in number equall by way of a Bipartite Chamber who shall reside in the Low-countryes and at such a place as is fit and that by turnes sometimes under the obedience of the one sometimes of the other as it shall be thought good by joynt consent the which Judges appointed on both sides according to the Commission and instructions which shall be given them and upon which they shall make oath according to a certaine forme to be for that purpose framed by both partyes shall overlooke the dealings of the Inhabitants of the said Low-countryes and the customes and imposts which shall be leavied on goods by one side and the other And in case the said Judges chance to finde that excesse be used by either one or the other or on both sides the said Judges shall examine the controversy on the not performance of the said Treaty as also the contraventions thereof which may chance to arise in any time and place as well in the Countries here as in the Kingdomes Countries Provinces and Islands lying far off in Europe and thereof summarily and plainly to dispose and declare what they shall judge fit in conformity to the Treaty and the sentences and dispositions of the said Judges shall be put in execution by the ordinary Justice at the place where the breach hapned or else against the persons of the contraventors as the occasion shall require and the said ordinary Justice or Court may not remain in default of doing the said execution or suffer it to be done and to repaire the said breach within the time of six monthes after the said ordinary Court shall be thereunto required 22. In case any sentences and Judgements be denounced between persons of both parties being not grounded either in matters civill or criminall they shall not be put in execution against the persons of the condemned nor their goods And no letters of Mart or reprisall shall be granted but upon knowledge of the businesse and in such matters for which it is permitted by the Imperiall lawes and constitutions and according unto the order thereby made 23. They shall not arrive come in or remain in the Havens Bayes Ports or roads of the countries the one of the other with ships and men of war in any number that might cause suspition without the leave and permission of those under whom the said Havens Bayes Ports and roads are except they are forced by tempest and forced to do the same through need and to avoid any perills of the sea 24. Those whose goods are seazed and confiscated by reason of the warre or their heires or those who have their right shall use the same goods and shall take the possession of them by their own authority and by virtue of this Treaty without that it be needfull to have recourse to Justice notwithstanding all incorporations of the Fiscall morgages gifts made treatyes agreements and transactions and whatsoever renuntiations may be inserted in the said transactions for to exclude from a part of the goods and those whom the same right should come to And all goods and rights which in sequell of this present Treaty are restored or are yet to be restored reciprocally to the old proprietors their heires or those that have their right shall be sold by the said proprietors without that it be needfull to obtain particular consent therefore and in order hereunto the propriety of the rents which have been constituted