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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
Vassals Subiects or Allies comprehended in this League or of any the Heires or Successours of those Allies their Subiects or Vassals yet notwithstanding this Peace and Amitie shal remaine in his strength and vertue and the attempters and such as doe offend therein onely and no other shall bee punished for their attempts XXVIII ITem that such as haue beene taken in warre and are Captiues on either part although they be condemned to the Galleys shall be released and dismissed the charges of the diet of such as are not in the Galleys being first discharged and the ransomes of such as haue before agreed for the same being by them payed XXIX ITem it is concluded that all ciuill actions which at the time when the last warres began were of validitie and of force may yet bee exercised and pursued notwithstanding any lapse of time during the same war so as no preiudice shall bee vnderstood to haue growen vnto them by the continuance of the warre those onely excepted which are already come to the Exchequer or Princes Treasurie XXX ITem if any controuersie happen to bee moued in the Kingdomes and Dominions of the one or other of these Princes by any person not being Subiect to the same Prince for or vpon occasion of any depredations or spoyles committed the cause is to be remitted to the Iudge of the iurisdiction vnder that Prince against whose Subiect or Subiects the suite is commenced XXXI ITem that if the Hollanders and other confederate States will accept of conditions of pacification with the most renowned Archdukes or their Successors through the meanes of the most renowned king of England c. the sayd Archdukes and their Successors will alwayes willingly hearken vnto that which shal be proposed therein and will desire that by the helpe of the sayd most renowned King of England c. they may bee brought to embrace equall cōditions wherin they shal wel vnderstand how much the said Archdukes doe attribute vnto the authority of the most renowned King of England c. their louing brother XXXII ITem it is concluded and accorded that in this present Treatie of peace there bee comprehended the Adherents friends and confederats of the forenamed Princes That is to say on the part of the most renowned King of England Scotland France and Ireland c. Rodulphe Romane Emperour with the Archdukes of Austrice and the Electors of the Empire together with the States and Cities of the Empire the Duke of Lorrain the duke of Sauoy the dukes of Brunswicke Lunenburg Meckleburg Wirtemberg the Landgraue of Hesse the Marquesse of Baden the duke of Pomerane the Prince of Anhalt the Earle of East-freisland the Cantons of Heluetia and the Grisons the Haunse-cities The French King the King of Poland and Swethland the King of Denmarke the duke and State of Venice the duke of Holst the duke of Florence XXXIII ON the part of the King of Spaine and Archdukes Rodulphe Romane Emperour and his Brethren and other Princes Archdukes of Austrice Princes of the Empire the Electors Cities and States subiect to the Empire the French King the King of Poland and Swethland the King of Denmarke the duke and State of Venice the duke of Sauoy the duke of Bauire the duke of Cleue the duke of Holstein the duke of Lorraine the duke of Parma and Placentia with his Brother the Cardinall the Bishop and Prouince of Liege the duke of Florence the duke of Mantua the duke of Mutina and Regium the duke of Vrbine the Confederats and Cantons of the Heluetians and Grisons the Cities of the Haunse the Earles of East-friesland without notwithstanding any preiudice of the right by the King of Spaine and Archdukes pretended for their States the duke and Common wealth of Genua the Common wealth of Lukes 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 Marques of Massa the Earle of Sala the Earle of Colorno XXXIIII ITem it is likewise accorded and concluded that the saide most renowned Kings and Princes IAMES by the grace of God King of England Scotland France and Ireland c. And PHILIP King of Spaine c. Albert and Isabella Clara Eugenia Archdukes c. shall sincerely and faithfully obserue and keepe and procure to be obserued and kept by their Subiects and Inhabitants all and singuler the Capitulations in this present Treatie accorded and concluded neither shall they directly or indirectly infringe the same or consent that the same shal be infringed fringed directly or indirectly by any of their Subiects or Inhabitants and they shal ratifie authorise and confirme all and singular the Conuentions as before accorded and concluded by Letters Pattents 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 be deliuered faithfully really and effectually And they shall make the like promise to obserue all and singular the premisses in the word of a King and Prince and shall also sweare to obserue and performe the same by oath vpon the holy Euangelist whensoeuer they shall by either part be thereunto required And the said Kings and Archdukes shall take care that this present Peace and Amitie be published in places accustomed so soone as conueniently the same may be ❧ Articles concerning Merchandize of high Germanie to be transported into Spaine free of the Imposition of 30. in the 100. THE more to expresse obseruance towardes the most renowned King of England c. and for the commoditie of his Maiesties Kingdomes the Illustrious and excellent the Constable of Castile c. Procurator speciall of his Cath. Maiestie hearing how much the Subiects of the most renowned king of England Scotland France and Ireland doe desire to be permitted to vent the merchandise of Germanie in Spaine doeth by these presents promise that it shall be lawfull for the sayd Subiects of the most renowned King of England c. to conuey merchandise out of high Germanie being subiect to the Imposition of thirtie in the hundred and which without payment of the sayd Imposition could not be caried into Spaine and the same merchandise hauing first been conueyed into England and there discharged customed from thence after to be transported into Spaine or other the Dominions of the King of Spaine without payment of thirtie in the hundred so as the said merchandise hath payd nothing to the Hollanders and Zelanders and other enemies of the King of Spaine and the Archdukes and so as they be conueyed in the proper ships of the most renowned King of England c. or his Subiects and not in others of any other Prince or Nation or of other whomesoeuer And to the effect that fraude herein may bee auoyded the Merchandises of high Germanie which are to bee transported foorth of England Scotland and Ireland to the Kingdomes and Dominions of the King of Spaine and the Archdukes shall bee Registred and marked with the Seale or Marke of the Towne from whence they shall bee laden and certified by a Certificate from the Magistrate of the said Towne or Citie testifying that the said Merchandises were discharged in England Scotland or Ireland and that they haue paide Custome there as well vpon perill of the Kings Maiesties indignation as also vpon paine of losse of their Offices and other more grieuous punishments to bee inflicted at the Kings pleasure vpon the Magistrates of the Townes and Cities of the Kingdomes of the said most renowned King of England c. which are to certifie the vnlading of Ships and to testifie of the Registring thereof if they shall herein commit any fraude II. ITem that whatsoeuer merchandizes of high Germany shall not bee discharged in England Scotland and Ireland and yet shall be conueyed into Spaine and other Kingdoms of the King of Spaine as such merchandises shall be confiscated and bee reputed as good Prize ¶ Three Articles concerning a moderation to be had in the proceedings of the Inquisition toward the Kings Maiesties Subiects in SPAINE FIrst if they haue exceeded in any thing before their entrance into Spaine they shall not be called into the INQVISITION for the same neither shall bee molested for any of those things so committed out of Spaine neither shall any Account for the same bee demaunded of them II. ALso if they will not enter into the Churches no man shall compell them thereunto but if they doe enter into the same they shall performe those dueties reuerence which are vsed towards the holy Sacrament of the Altar being there and if they shall see the holy Sacrament comming towards them in any streete they shall doe reuerence by bowing their knees or else to passe aside by some other streete or turne into some house III. ANd if any of the said persons being Masters or Masters Mates or any other Officers of ships which bee not their owne doe exceed in any matter herein the INQVISITION proceeding against them by Office is onely to sequester their owne proper goods and are to leaue free the ships and all other goods not belonging to the Offenders the same is to be vnderstood for the Traders and Factors