be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings Contrabanda Merehandize confiscated Art XVIII And in case there be found in the said French Vessels and Barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other Competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seized on or confiscated Free Trade and Commerce mutually enjoyed Art XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their Trade and Commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports â—â—â—n open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the trade and commerce Further provision against Frauds and Inconveniencies in Trade and Commerce Art XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in in the manner aforesaid And in case in progresse of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation not sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor Speedy Justice to be done to Foreigners Art XXII All Goods and Merchandizes arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and persuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Foreigners as unto their own Subjects without any distinction of persons Actions to be tryed when they first begun or did arise Art XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be Six Months time given in case of War to transport persons and goods Art XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdomes it hath been concluded and agreed That there hapning hereafter any breach betwixt the two Crowns which God forbid six months time shall alwayes be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested Advocates and Proctors to be Assistant to either party that retains them Art XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble Consuls appointed for Commerce in both Nations Art XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and Immunities belonging to their exercise and employment And that establishment shall be made in such places where with a mutual consent it shall be thought necessary Letters of Marque and Reprisal in case of injustice Art XXVII All Letters of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law Overtures made by the King of France concerning the Kingdome of Portugal Art LX. Although his most Christian Majesty hath never been willing to ingage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extreeme passion to see the Kingdome of Portugal injoy the same quietnesse which so many Christian States shall get by the present Treaty hath for that end proposed a good number
of parties and expedients such as his Majesty thought might be satisfactory to his Catholick Majesty among which though as aforesaid his Majesty was no way ingaged in that Affair his Majesty hath even gone so far therein as to be willing to deprive himself of the principal fruit of the happinesse and successe his Arms have had during the course of a long War offering besides the places his Majesty doth now restore by the present Treaty unto his Catholick Majesty to restore yet unto him all the rest of the Conquests generally made by his Arms during this War and wholly to restore the Prince of Conde Provided and upon that condition that the affairs of the Kingdome of Portugal should be left as they are now which his Catholick Majesty having refused to accept but only offering that in consideration of the mighty Offices of the said Lord the most Christian King he would give his consent for setting all things in the said Kingdom of Portugal in the same state they were afore the change arrived there in the Moneth of December in the year 1640. pardoning and giving a general Amnesty for all what is past and granting the reestablishment into all Estates Honors and Dignities to all such without distinction of persons as returning under the obedience of his Catholick Majesty shall put themselves again in posture to enjoy the effect of the present peace At length in consideration of the peace and considering the absolute necessity his said most Christian Majesty hath been in to perpetuate the War by breaking off the present Treaty which his Majesty found to be unavoidable in case he would have any longer insisted upon the obtaining upon that affair of his Catholick Majesty other conditions then such as he offered as aforesaid And his said most Christian Majesty willing to prefer as it ought to be and is most just the general quietnesse of Christendom to the particular interest of the Kingdom of Portugal for whose advantage and in whose behalf his said Majesty hath never omitted any thing of what depended of him and did lie in his power even to the making of such great offers as aforesaid It hath been at length concluded and agreed between the said Lords and Kings that there shall be granted unto his most Christian Majesty a space of three moneths time to begin from the day of the exchanging of the Ratifications of the present Treaty during which his said Majesty may send into the said Kingdome of Portugal to endevour so to dispose things there and to reduce and compose that affair that his Catholick Majesty may remain fully satisfied Which three months being expired if his said most Christian Majesties cares and offices have not had the desired effect his said Majesty will no further meddle with that affair and doth oblige and engage himself and promise upon his Honour and in the word of a King for himself and his successors not to give unto the said Kingdom of Portugal either in general or to any person or persons in particular of what dignity state condition or quality soever they be now or hereafter any help or assistance publick or secret directly or indirectly of Men Arms Ammunitions Victuals Ships or Money upon any pretence nor any other thing whatsoever by Sea or by Land nor in any other manner As also not to suffer any levies to be made in any parts of his Kingdoms and Dominions nor to grant passage to any that might come from other States to the assistance of the said Kingdom of Portugal The King of France and Spain interposing with the Pope on the behalf of the Duke of Parma for discharging the Debts due to the Apostolical Chamber Art C. The two Lords and Kings upon the like consideration of plucking up the seeds of all differences that might trouble the peace of Italy have alse concluded that they will jointly interpose sincerely and pressingly their Offices and Supplications towards our holy Father the Pope until they may have obtained of his Holinesse the grace which their Majesties have so often demanded of him singly in the behalf of the Duke of Parma that he may have power to discharge at several convenient intervals of time the debt he hath contracted to the Apostolical Chamber by like intervals and that by that means and with tho engaging or alienating of part of his Dominions of Castro and Roneiglionâ— he may find such monies as are necessary unto him for the preservation of the rest of his Dominions The which their Majesties do hope of the goodnesse of his Holinesse no less by the desire he will have to prevent all occasions of discord in Christendome then by his disposition to Favour a House so well meriting of the Holy Apostolical See The chief Allies comprehended in this Treaty on the French Part. Art CXXII Besides the Duke of Savoy the Duke of Modena and the Prince of Monaco who as Allies of France are of the chiefest Contractors in this Treaty as aforesaid by the common consent of the said Lords the most Christian and Catholick shall be comprehended in this Peace and Alliance if they will be comprehended therein on his most Christian Majesties part first Our Holy Father the Pope the Holy Apostolical See the Electors and other Princes of the Empire Allies and Confederates with his Majesty for the maintaining of the Peace of Munster viz. the three Electors of Mentz Colen and the Count Palatine of the Rhine the Duke of Newburg the Dukes Auguste Christiane Lewis and George William of Brunswick and Luneburg the Landgrave of Hessen-Cassel and the Landgrave of Darmstat the Duke and the Seigniory of Venice and the Thirteen Cantons of the League of Switzerland and their Allies and Confederates and all other Kings Potentates Princes and States Towns and particular persons to whom his most Christian Majesty upon a decent requisition made by them for it will grant on his part to be comprehended in this Treaty and will name them within a year after the publication of the Peace unto his Catholick Majesty by a particular declaration to enjoy the benefit of the said Peace both by the aforenamed and by such as his Majesty shall name within the said time their Majesties giving their Declaratory and Obligatory Letters required in such case respectively and the whole with an expresse Declaration that the said Catholick King shall not have power directly nor indirectly to molest by himself or by others any of those who on the said Lord the most Christian Kings part have been above or hereafter shall be comprehended by a particular Declaration and that if the Lord the Catholick King hath any pretensions against him he shall onely have power to prosecute him by right before competent Judges and not by force in what manner soever it may be The Allies on the Spanish Accompt CXXIII And on the said Lord the Catholick Kings part shall be comprehended in this Treaty if they will therein be comprehended our
Archidux omnes singulas obligationes modo forma praemissis conceptas 15 die Maij praedicto in Ecclesia praedicta deputato vel deputatis ejusdem Regis tradet deliberabit aut tradi deliberari faciet One and Twenty Select Articles of the Treaty of Peace between the Crowns of France and Spain concluded and Signed upon the Confines of the Pyrenean Mountains the 7 th of November 1659. Translated from the Original That all Enmity or Misunderstanding shall be forgotten by either parties upon occasion of the present Wars Art IV. ALL occasions of enmity or misunderstanding shall remain extinguished and for ever abolished and whatsoever hath been done or hath happened upon occasion of the present Wars or during the same shall be put into perpetual oblivion so that for the future of neither side neither directly nor indirectly shall any inquiry be made for the same by Justice or otherwise under any pretence whatsoever nor shall their Majesties or their Subjects Servants or Adherents of either side shew any manner of remembrance of any offences or damages suffered during the War That the Subjects of both sides shall have liberty to trade in one anothers Countries without any Lets or molestations Art V. By means of this Peace and strict amity the Subjects of both sides whatsoever shall have liberty they observing the Laws and Customes of the Countrey to goe to and fro to dwell trad and return into one anothers Countrey Merchandizing or as they shall think best both by Land and by Sea or any other Fresh waters to treat and trade together and the Subjects of the one shall be maintained and protected in the others Countreys as their own Subjects paying reasonably the Duties in all accustomed places and such others as by their Majesties and their Successors shall be imposed Priviledges mutually granted in each others Dominions Art VI The Towns Subjects Merchants and Inhabitants of the Kingdoms Dominions Provinces and Countreys belonging to the most Christian King shall enjoy the same Priviledges Franchises Liberties and Sureties in the Kingdome of Spain and other Kingdoms and Dominions belonging to the Catholick King as the English have by right enjoyed by the last Treaties made between the two Crowns of Spain and England and no greater Duties or Impositions shall be exacted of the French and other of the most Christian Kings Subjects either in Spain or any where else within the Lands or other places of the Catholick Kings obedience then have been paid by the English before the breach or then are paid at this time by the Inhabitants of the United Provinces of the Netherlands or any other strangers that shall be there the more favourably intreated The same shall be done within the whole extent of the obedience of the said Lord the most Christian King unto all the Subjects of the said Lord the Catholick King of what Countrey or Nation soever they be The penalty of transporting prohibited goods Art VII In consequence of this if the French or any other of his most Christian Majesties Subjects are found in the said Kingdoms of Spain or upon the Coasts thereof to have shipped or caused to be shipped upon their Vessels in what manner soever it may be any prohibited goods to transport them out of the said Kingdomes the penalty shall not extend further then hath been heretofore practised in such cases towards the English or then it is at this time practised towards the Hollanders in consequence of the Treaties made with England or the United Provinces and all Inquiries or Processes hitherto made about the same shall remain null and be extinguished The same shall be observed towards the Towns Subjects and Inhabitants of the Kingdoms and Lands belonging to the said Lord the Catholick King who shall enjoy the same Priviledges Franchises and Liberties throughout all the Dominions of the said Lord the most Christian King The form and manner of exhibiting Passes and Dockets as to the Spanish Ships Art XIV That the Ships and Barques with the Merchandizes belonging to the Subjects of the Lord the most Christian King being come into any Haven of the Lord Catholick King where they used to come and trade before the present War and being willing from thence to pass unto the Ports belonging to the said Enemies they shall onely be bound to shew to the Officers of the Spanish Port or of any other of the said Lord and Kings Dominions from whence they are to go their Passes containing the specification of the lading of their Ships attested and marked with the ordinary hand and seal and acknowledged by the Officers of the Admiralty of the places from whence they came first with the Declaration of the place for which they are bound the whole in the Ordinary and accustomed Form After which exhibiting of their Passes in the form aforesaid they shall not be disturbed or molested detained nor retarded in their voyages under any pretence whatsoever Passes as to the French Ships Art XV. The same shall be done as to the French Ships and Barques that shall go into any Roads of the Catholick Kings Dominion where they used to trade before the present War and shall be unwilling to enter into the Harbours or being entred there yet will not unlade or break Bulk who shall not be obliged to give any account of their lading but only in case of suspition that they are carrying any contrebanda-Goods unto the enemies of the said Lord the Catholick King as aforesaid Passes to be shown upon great Suspicion Art XVI And in the said case of apparent suspition the said Subjects of the most Christian King shall be obliged to show in the Ports their Passes in the form above specified Passes to be shown to the Spanish by the French in the Roads or the open Sea Art XVII But if they be entered into the Roads or be met in open Sea by any of the said Lord the Catholick Kings ships or by private Men of War of his Subjects the said Spanish Ships to avoid all kind of disorder shall not come nearer to the French then the reach of the Canon and shall have power to send their cock boat or shallop aboard the said French Ships or Barques and cause two or three of their men only to go into them to whom shall the Passes be shewed by the Master or Patron of the French Ship in the manner aforesaid according unto the Form that shall be inserted at the end of this Treaty whereby it might appear not only of their lading but also of the place of their abode and residence and of the name both of the Master and Patron and of the Ship it self That by those two means it may be known whether they carry any prohibited goods and that it may sufficiently appear both of the quality of the said Ship and of its Master and Patron unto which Passes and Sea Letters full Faith and Credit shall be given And to the end their validity might