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A22749 Articles of peace, entercourse, and commerce concluded in the names of the most high and mighty kings, Charles by the grace of God King of Great Britaine, France and Ireland, defender of the faith, &c. and Philip the Fourth King of Spaine, &c. : in a treaty at Madrit, the fift day of Nouember after the old stile, in the yeere of Our Lord God M.DC.XXX. / translated out of Latine into English.; Treaties, etc. Spain, 1630 Nov. 5 England and Wales.; Spain. Treaties, etc. England and Wales, 1630 Nov. 5. 1630 (1630) STC 9251.3; ESTC S122628 11,033 72

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or moment VI. ITem It is agreed and accorded that the said most renowned Kings shall take care that their Subiects shall from henceforth abstaine from all force and wrong doing And that they likewise shall reuoke all Commissions and Letters of Reprisall and Mart or otherwise containing Licence to take Prizes of what condition or kinde soeuer they are being to the preiudice of the one or other of the said Kings or of their Subiects whether the same haue beene giuen or granted by them vnto Subiects or Inhabitants or vnto Strangers and shall declare the same to be void of no force as by this Treatie or Peace they are declared so to be And whosoeuer shall doe any thing to the contrarie hee shall be punished not onely criminally according to the merit of his Offence but shall also bee compelled to make Restitution and Satisfaction for the losses to the parties damnified requiring the same VII ITem It is agreed and accorded that betweene the most renowned King of Great Britaine 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 singular their Kingdomes Dominions Islands and other Lands Cities Townes Villages Hauens and Streights of the said Kingdomes and Dominions there be or may be free Commerce In which before the warre betweene Philip the second King of Spaine and Elizabeth Queene of England there hath beene Commerce betwixt the said Kingdomes according as it was agreed on in the Treatie of peace made in the yeere a thousand sixe hundred and foure in the ninth Article like and according to the vse and obseruance of the ancient Leagues and Treaties made before the said time in such sort and manner as that without any safe conduct or other licence generall or speciall the Subiects of the One or other King may freely as well 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 aboue said time there hath beene a mutuall Commerce and like and according to the vse and obseruance of the ancient Leagues and Treaties aforesaid with Carriages Horses Burdens Ships as well laden as to bee laden to bring in Merchandises 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 repayre such shipping and carriages as either appertaine vnto them in propertie or else they haue hired or borrowed and from thence also with their Merchandises Goods and other Commodities whatsoeuer the Customes and Tolles as they are presently rated according to the Ordinances of the places beeing paid they may with like freedome depart and goe to their owne Countries or any other places at their pleasure without let or impediment VIII ITem It is likewise agreed and accorded that it may be lawfull to haue accesse vnto the Ports of the said Kings and there to make stay and from thence with the same liberty to depart not onely with their Shippes 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 victualls so as they exceede 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 be 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 war then is before specified shall 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 King Prouided also that they doe no hostile Acte within the said Ports to the preiudice of the Kings 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 ayde prouision of victualls or of Armes or of Munition or other such like materials for the warres bee 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 contrary shall be 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 well in respect of the prices as otherwise but that the condition of forreiners bee equall and like herein vnto naturall Subiects Notwithstanding any Statutes or Customes to the contrary IX ITem It is agreed and accorded that the said most renowned King of Great Britaine c. shall prohibite and after the confirming of these present Articles by Proclamation foorthwith prouide that no one of his subiects inhabitants or vassalls shall Lade or carry 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 neither shall carry in his Ships any Holland or Zeland Merchant vnto the said Ports vpon perill of his Maiesties indignation and other punishments vsually inflicted on the contemners of Royall Commandements And to the effect that fraud which through the likenesse of Merchandize might happen be the better auoided It is also prouided in this present Article that the Merchandizes to bee carried and conueyed out of England Scotland and Ireland to the Kingdomes and Dominions of the King of Spaine shall bee registred and sealed with the Seale of the Towne or Citie from whence they shall be Laden and that they being so registred and sealed shall without any difficultie or question whatsoeuer bee reputed and held for English Scottish and Irish Merchandizes and so respectiuely according to the Seale or marke bee allowed and admitted Alwayes excepted that in case of fraud proofe shall bee admitted without stay notwithstanding or let of the course or venting of the Merchandizes in the meane time And touching such Merchandizes as shall not bee registred nor sealed the same are to bee confiscated and taken for good Prize And likewise all Hollanders and Zelanders
King for or vpon occasion of any depredations or spoyles committed The cause is to bee remitted to the Iudge of the Iurisdiction vnder that King against whose Subiect or Subiects the suit is commenced XXIX ITem That if the Hollanders and other Confederate States will propose conditions of pacification with the most renowned King of Spaine and his Successors through the meanes of the most renowned King of Great Britaine The said most renowned King of Spaine and his Successors will alwayes willingly hearken vnto that which shall bee proposed iust and reasonable therein And will desire that by the helpe of the said most renowned King of Great Britaine they may bee brought to propose equall conditions wherein they shall well vnderstand how much the said King of Spaine doth attribute vnto the authority of the said King of Great Britaine his louing brother XXX ITem Jt is concluded and accorded That in this present Treatie of Peace there bee comprehended the Adherents Friends and Confederates of the forenamed Kings That is to say On the part of the most renowned King of Great Britaine c. Ferdinand Roman Emperour with the Arch-Dukes of Austria and the Electors of the Empire together with the States Cities of the Empire The Duke of Lorraine The Duke of Sauoy The Dukes of Brunswick Lunenburg Meckelburg VVirtemberg The Landgraue of Hessen The Marquis of Baden The Dukes of Pomerania The Prince of Anhalt The Earle of East-Friesland The Cantons of Heluetia and the Grisons The Hauns Cities The French King The Kings of Denmarke and of Poland and of Swedland The Duke and State of Venice The Duke of Holstein and the Duke of Florence On the part of the most renowned King of Spaine Ferdinand Roman Emperour and his brethren and other Princes Arch-Dukes of Austria Princes of the Empire The Electors Cities and States subiect to the Empire The French King The King of Poland and Swedland The King of Denmarke The Duke and State of Venice The Duke of Sauoy The Duke of Baueere The Duke of Cleue The Duke of Holstein The Duke of Lorraine The Duke of Parma and Placentia The Bishop and Prouince of Liege The Duke of Florence The Duke of Mutine and Regium The Duke of Vrbine The Confederates and Cantons of the Heluetians and Grisons The Cities of the Haunse The Earle of East-Friesland without notwithstanding any preiudice of the right by the King of Spaine and Arch-Dukes pretended for their States The Duke and Common-wealth of Genua The Principall of the House of Columna The Prince of Oria. The Principall of the house of Vrsine The Duke of Sermoneta The Lord of Monacho The Earle of Mirandula The Prince of Massia The Earle of Sala and the Earle of Colorno XXXI ITem It is likewise accorded and concluded that the said most renowned Kings Charles by the grace of God King of Great Britaine France and Ireland c. and Philip King of Spaine c. shall sincerely and faithfully obserue and keepe and procure to bee obserued and kept by their Subiects and Jnhabitants all and singular the Capitulations in this present Treatie accorded and concluded Neither shall they directly or indirectly infringe the same or consent that the same shall bee infringed directly or indirectly by any of their Subiects or Inhabitants And they shall ratifie authorise and confirme all and singular the Conuentions before accorded and concluded by Letters Patents subscribed with their owne hands and sealed with their great Seales in sufficient auaileable and effectuall forme and the same so formed and made shall vpon the first occasion deliuer or cause to bee deliuered faithfully really and effectually whereby they may mutually binde themselues in the Word of a King and by oath to bee solemnely taken vpon the holy Euangelists to obserue and performe all and singular the premisses whensoeuer they shall be by either part thereunto required And furthermore they shall cause this present Treaty of Peace to be published in the manner and places accustomed so soone as conueniently the same may be ¶ Imprinted at London by ROBERT BARKER Printer to the KINGS most Excellent MAIESTIE and by the Assignes of IOHN BILL M.DC.XXX
which shall be found in the same Ships may also be tken and detained X. ITem It is also agreed that English Scottish and Jrish Merchandises may freely bee conueyed and transported out of the said Kingdomes into Spaine and other Dominions of the said most renowned King paying only the Customes and Tolles vsually required XI ITem Jt is likewise agreed that for the Merchandises which English Scottish and Irish Merchants shall buy in Spaine or other the Kingdomes of the said King of Spaine and shall carry in their owne Ships or in Ships hired or lent vnto them except as before hath beene said the ships of Hollanders and Zelanders no new Customes or Tolle shall bee encreased yet so as they conuey and carry the same goods and Merchandises to the Kingdomes of the said most renowned King of Great Britaine c. or to the Ports of the Prouinces being in obedience to the King of Spaine And for the more surety that fraud be not committed heerein and that the sayd Merchandises bee not transported to other places and Kingdomes and especially into Holland or Zeland It is concluded that the said Merchants shall binde themselues at the time that they do Lade their Ships in Spaine or in the other Kingdomes and Dominions of the said King of Spaine aboue declared before the Magistrate of the place in which they shall Lade to pay the Imposition of thirty in the hundred in case they carry the same goods and Merchandises to other Dominions and Countreys And to obtaine also within the space of twelue moneths following a Certificate from the Magistrates of the places where they shall discharge or vnlade the same goods testifying their discharge to haue beene either in the Kingdomes and Dominions of the King of Great Britaine c. or in the Ports of the Prouinces vnder the obedience of the said King of Spaine Vpon the exhibiting whereof the Obligations concerning those matters shall be deliuered vp vnto the bringers of the same Certificates XII ANd also that the said most renowned King of Great Britaine c. shall prohibite soone after the confirming of this accord that none shall export any Merchandises out of Spaine or other Kingdomes of the King of Spaine to be carried to other places then to His Maiesties Kingdomes and the said Ports of the Prouinces in obedience vpon penaltie of confiscation of all their Merchandises to the vse of the said King of Great Britaine c. to be payd into His Maiesties Exchequer Of which Merchandises or the value thereof one halfe is to be giuen to the Jnformer the imposition of thirty in the hundred being first deducted to be paid to the Ministers and Deputies of the King of Spaine the proofes lawfully receiued in Spaine and transmitted into England in authenticall forme are to bee credited And it is also declared that the said prohibition of goods to be carried out of Spaine vnto other places then the Kingdomes of Britaine and the obedient Prouinces of Flanders doeth no way comprehend those Kingdomes and Dominions which enioy a free trade with the Kingdome of Spaine For the Subiects of his Maiestie of Great Britaine may lawfully transport the goods of the Kingdomes of Spaine vnto those that haue a mutuall trade with Spaine the aforementioned Cautions Conditions and Penalties rehearsed in the precedent Articles against the offenders remaining still in force and strength XIII ITem That the Magistrates of the said Townes or Cities of his Maiesties Kingdomes which shall make Certificates of the vnlading of Ships and are to giue testimonie of the Registring of the Merchandises shall not commit any fraud therein vnder perill of indignation of the Kings Maiestie and paine of losse of their offices and other more grieuous punishments at the Kings pleasure XIV THat which hath before beene expressed concerning the free Commerce granted vnto the Subiects of the said most Renowned Kings is to bee vnderstood to bee likewise and in the same manner agreed on for the Subiects of the most Renowned King of Great Britaine c. and of the obedient Prouinces of Flanders To wit that in all places whatsoeuer their Subiects are bound reciprocally to respect and to fauour each other and by mutuall kind offices friendly to entertaine the one the other and that by Land Sea and Fresh-waters without any safe conduct or other licence generall or speciall they may vnto the said Kingdomes Dominions Lands Villages Townes Cities Sea-shores Hauens Sea-rodes whatsoeuer freely safely securely come enter saile carry and recarry their Merchandises buy and sell remaine abide and conuerse in the same so long as it shall please them take vp any kinde of prouision for victuall and things necessary for sustenance and for Voyages at iust and reasonable prices and there repaire also as occasion shall require their Shipping and Carriages whether the same be their owne or whether they bee hired or borrowed As also to depart from thence with like libertie with Merchandises Goods and other things whatsoeuer the Customes and Tolles according to the Statutes of those places being payd and to dispose and follow their businesses freely to returne at their owne pleasure either into their owne Countreys or to any other place without any impediment or let so as the Subiects of the most Renowned King of Great Britaine c. vse not the Shipping of the Hollanders or the vnited Prouinces and bring not into the obedient Prouinces any of the Manufactures of Holland or of the vnited Prouinces bought wheresoeuer neither any other thing for which there was paid in Holland any tribute nor that they transport anything from the obedient Prouinces vnto them of those Prouinces vntill a pacification be confirmed nor that they receiue any the Goods of 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 Prize XV. AND the aforesaid prouisoes are not onely to be vnderstood of Ships laden or to bee laden in cause of Commerce but also of Ships of Warre which the said Kings haue or shall haue armed to represse the attempts of their enemies Insomuch as that it may bee 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 bostile act 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 need full for reparation and prouision of necessaries that thereby they bee not a hinderance or interruption