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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
to the free Commerce and Entercourse with other Nations that are in Amitie and Friendship But where occasion shall fall out of arriuall of any greater number of Shipping then before specified it shall not be lawfull for them to enter but with the knowledge and allowance of the King XVI AND as the said Kings doe religiously promise that they will not at any time yeeld any war-like succour to any of the others enemies So it is prouided that their Subiects or the inhabitants in their Realmes of what nation or qualitie soeuer they bee may not vnder colour of Entercourse and Commerce nor vpon any other collour or pretence giue any ayde or helpe to the enemies of the said Kings or of either of them or conferre or supply them with money prouisions of Victuals for Warre Armour Munition Ordinance Artillery or other warlike prouision and those which shall doe the contrary are to take knowledge that they shall be punished with the seuere punishments accustomed to bee inflicted vpon breakers of League and seditious persons XVII AND that also greater benefit may through this Concord come vnto the Subiects of the most renowned King of Great Britaine and of the most renowned King of Spaine in their obedient Prouinces It is accorded and concluded that the said most renowned Kings ioyntly and seuerally will doe their endeauours that their Subiects haue not the passages stopped or letted vnto any of their Ports Kingdomes and Dominions that thereby they be not hindered freely and without impediment to come and goe with their Shipping Merchandise and Carriages the ordinary Customes and Tolles being paid to all the said Ports Kingdomes and Dominions And with the like libertie when it shall seeme so good vnto them with other Merchandises from hence to depart XVIII BVt as concerning the ancient Treatises of Entercourse and Commerce whereof diuers are extant betwixt the Kingdomes of England Scotland and Ireland and the Dominions of the Dukes of Burgundy and Princes of the Low-Countreys which notwithstanding during the late troubles haue beene intermitted and peraduenture in some parts impaired Jt is agreed by way of prouision That they shall retaine and haue their ancient Force and Authoritie And that they shall bee vsed on both parts as they were before the Warre betweene Elizabeth Queene of England and Philip the second according as it was agreed on in the Treatie of Peace made in the yeere a thousand sixe hundred foure in the two and twentieth Article And if it happen that either by both parts or any one part any breach thereof bee alledged or that the Subiects shall complaine that the Conuentions are not obserued or that more grieuous burdens then were accustomed are imposed on them there shall bee Deputies appointed on either part which may meete and calling vnto them if neede be Merchants experienced in such matters may friendly Treate and equally renew and restore such things as shall bee found either to haue slipped out of course or to haue beene changed by the iniurie of time or by corrupt custome and vse XIX AND for that the rights of Commerce which do ensue by Peace ought not to bee made vnfruitfull as they would bee if the Subiects of the most renowned King of Great Britaine c whilest they haue recourse to and from the Kingdomes and Dominions of the said King of Spaine and doe remaine there for Commerce should bee molested in the cause of Conscience Therefore to the intent their Trafficke may bee safe and without danger as well on Land as on Sea the said most renowned King of Spaine shal take care and prouide that for the said cause of Conscience they shall not bee molested nor inquieted in vsing their Trade and Commerce so as they giue not scandall vnto others XX. ITem That if it happen any Goods or Merchandizes prohibited to bee carried or conueyed out of the Kingdomes and Dominions of the said most renowned Kings by the Subiects of the One or of the Other That in such case the person onely offending shall incurre punishment and the Goods onely prohibited shall bee Confiscated XXI ITem That the Goods of the Subiects dying within the kingdomes or Dominions of either shall be conserued to the right heires and successors of the deceased the right of a third person alwayes reserued XXII ITem That the Graunts and Priuiledges giuen by the Kings to Merchants of either of the Kingdomes comming to their said Kingdomes and which Priuiledges through the Warres haue ceased shall from henceforth wholly bee reuiued and haue their full force and strength XXIII ITem If it shall happen hereafter which God forbid that any displeasure doe arise betwixt the said Most renowned Kings the King of Great Britaine and the King of Spaine whereby danger might grow of the interruption of Entercourse and Commerce then the Subiects of either King are thereof so to bee admonished as that they may haue fixe moneths from the time of the monition to transport their Merchandizes without any Arrest Disturbance or Hurt in the meane season to be done or giuen vnto them either in their persons or Merchandizes XXIV ITem That none of the foresaid Kings shall imbarge or stay for their prouision in Warre or for any other seruice to the preiudice of the owners the ships of the Subiects of any of the others being in their Ports or waters vnlesse the King of those parties to whom the Ships doe appertaine shall first be admonished thereof and shall also yeeld his consent thereunto XXV ITem It is accorded that if during this Peace and Amity any thing happen to be attempted committed or done against the force and effect thereof by Land Sea or Fresh Waters either by any of the said Kings their Heires and Successors their Vassals Subiects or Allies comprehended in this League or of any the Heires or Successors of those Allies their Subiects or Vassals Yet notwithstanding this Peace and Amitie shall remaine in strength and vertue and the attempters and such as doe offend therein onely and no other shall be punished for their attempts XXVI ITem That such as haue beene taken in Warre and are Captiues on either part although they bee condemned to the Gallies shall be released and dismissed the charges of the diet of such as are not in the Gallies being first discharged and the ransomes of such as haue before agreed for the same being by them payed XXVII 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 be exercised and pursued notwithstanding any lapse of time during the same Warre so as no preiudice shall be vnderstood to haue growen vnto them during the continuance of the Warre those onely excepted which are already come to the Exchequer or Princes Treasurie XXVIII ITem Jf any controuersie happen to bee mooued in the Kingdomes and Dominions of the One or other of these Kings by any person not being Subiect to the same