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A22706 Articles concluded at Paris the xxiiij of February 1605, stylo Angliæ, by commissioners of the high and mightie kings, Iames by the grace of God King of Great Britaine, France, and Ireland, defender of the faith, &c. and Henrie the Fourth most Christian French king, and King of Nauar, for the more commodious entercourse in traffique betweene their subiects; Treaties, etc. France 1606 Feb. 24 England and Wales.; England and Wales. Treaties, etc. France, 1606 Feb. 24. 1606 (1606) STC 9212; ESTC S2644 8,067 30

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ARTICLES CONCLVDED at Paris the xxiiij of February 1605. stylo Angliae By Commissioners of the High and Mightie Kings Iames by the grace of God King of Great Britaine France and Ireland Defender of the Faith c. And Henrie the Fourth most Christian French King and King of Nauar for the more commodious entercourse in traffique betweene their Subiects Imprinted at London by Robert Barker Printer to the Kings most excellent Maiestie 1606. COMMISSIONERS For the King of Great Britaine c. Sir THOMAS PARRY Knight Ambassadour resident in France For the French King Andrew Heralt Sieur of Maisse Iean de Thumery Seiur of Boyssise ARTICLES CONCLVDED AT PARIS the xxiiij of Februarie 1605 by Commissioners of the High and Mightie Kings IAMES by the grace of God King of GREAT BRITAINE FRANCE and IRELAND Defender of the Faith c. And HENRIE the Fourth most Christian French King and King of NAVAR for the more commodious entercourse in Traffique betweene their subiects FIRST It is agreed concluded that the Conuentions or Articles conteined in this treatie shall not be taken or reputed any way to derogate from the former Treaties But that the sayd Treaties shall remaine and be in their first force and vertue except in those points only in which they are by this present Treatie altered 2 And for the better encreasing and confirming of the Amitie and good Intelligence betweene the sayd Princes It is further agreed that in all the Prouinces Cities Ports and Hauens within either of their Kingdomes and Dominions commandement shall be giuen That the subiects of the one and the other Princes respectiuely be kindly and louingly entreated and be suffered freely and safely to exercise Merchandise and to traffique the one with the other without any offence or molestation and that they be not hereafter for any cause or occasion whatsoeuer vniustly vexed contrarie to the Lawes and Customes of the place vnto which they shall resort or where they shall abide and the Magistrates and Officers on either part shall be enioined to see that all the premisses be duly obserued and executed as euerie one of them where the contrary shall be suffered will answer in his owne proper name and as a priuate person to the partie grieued his expenses damages and interest 3 It is likewise agreed and accorded That all Customes Taxes and Impositions which now in either Kingdomes are raised to the vse of the Kings by their Customers Farmers and Deputies as the conditions of affaires at this time requireth shal be continued prouisionally vntill the same may be either abolished or moderated which both the said Princes will seriously endeuour to effect as their estates shall permit And to the end that in the meane time the said Taxes Customes and Impositions may on both parts bee better knowen as also that it may appeare what is to be paid of right there shall be Tables made and set vp in publique places aswell at ROAN and other Cities in FRANCE as at LONDON and other Cities of GREAT BRITAINE where need shall be that thereunto recourse may be had when question or doubt shall arise of any of the said Taxes Customes and Impositions in either of the kingdomes 4 As touching Impositions Taxes which are required in some Cities to the particular vse and commodity of the said Cities vnder pretext of Grants to them made by the Kings and Princes It is agreed and accorded that diligent inquirie shall be had thereof and that the Maiors and Escheuins or Sheriffes of the Cities of ROAN CANE and BVRDEAVX and of others to whom it may appertaine shall forthwith deliuer vp vnto the Councell of the French King their saide Letters and Grants by pretence whereof they raise and continue such Taxes and Impositions to the end that the same being seene and viewed may bee cancelled and made void if they haue not beene made orderlie and vpon iust causes and that in the meane season the said Maiors and Escheuins or Sheriffes shall be prohibited to suffer to be taken either more then is due or any thing otherwise than it ought by the said Grants neither that they doe any way exceed the conditions conteined and prescribed in them vpon paine of death and the paiment also of foure fold for that which shall be so exacted The like whereof is to be performed in the City of LONDON and in other the Cities of GREAT BRITAIN if it bee found that any such thing hath beene exacted there 5 It is also agreed that the Merchants of FRANCE traffiquing into ENGLAND shall not be constrained heereafter to giue other Caution or Bond than Iuratorie Caution or an oath for the sale of their Merchandizes or for the conuerting or employing of the moneys growing thereupon into other wares neither shall they be driuen for obtaining of further respite or for their discharges to other cost or expence in that behalfe 6 Also it is agreed that the French Shippes may haue free accesse to the Keies of the City of LONDON and other ports and hauens of GREAT BRITAIN and being there may lade vnlade their Merchandise and let their ships to freight with like liberty and freedome as the English do in FRANCE without constraint to vnload their Ships or Vessels into others or without other let or impediment whatsoeuer and also that in all other things like liberty and equalitie of trade shall be kept and obserued on both parts as much as may be 7 And because it is impossible to set downe in writing a sufficient prouision and remedy to euery particular grieuance or difficulty which may arise in commerce and namely in respect of the qualities of Merchandize which are to be transported to and from the one and other kingdome as also in respect of the abuse which by the malice negligence or want of skill of Traders sometimes may bee committed It is agreed that in the City of ROAN there shall be named and appointed by the Christian King two Merchants of good credit and reputation being skilfull and of good experience which with two English Merchants of good condition and quality to be named by the Ambassadour of the Kings Maiestie of GREAT BRITAIN c. residing for the time in FRANCE shall iointly receiue and heare the complaints and controuersies of the Merchants of GREAT BRITAIN that may arise by the Commerce and traffique either at ROAN or other Ports and Hauens of that Prouince and the same they shall foorthwith according to equity and right hauing a respect to this present Treaty speedily finish and compose as also the Kings Maiestie of GREAT BRITAIN is to name two English Merchants of good reputation and experience which likewise taking vnto them two French Merchants of like quality to be named by the Ambassadour of the French King residing in ENGLAND for the time shall doe the like and shall prouide speedy remedy to all the complaints which may happen by reason of the said traffique or cōmerce And
in both the Kingdomes and that no restraint or prohibitions shal be made on either side to the contrarie and if any haue beene made of late the same shall be reuoked except notwithstanding those Merchandizes which haue beene in former times prohibited to be brought and transported foorth by speciall Lawes and Statutes in either of the Kingdomes All which kinde of Merchandizes that they may be certainly knowne are to be comprehended in writing and deliuered to the said Conseruators of commerce on either side and publiquely set vp in maner aforesaid 14 Moreouer it is agreed That if there doe happen any Ship to go from GREAT BRITAINE into FRANCE or from FRANCE into GREAT BRITAINE laden with greater quantitie of Merchandize than for which the Custome and other duties hath beene iustly payd in that case the said quantitie onely shall be subiect to confiscation and the residue of the said Merchandizes shall be freely discharged Notwithstanding if amongst the said Merchandizes there be found any Wares which by the Statutes and Ordinances of the Kingdome from whence they are to be transported may not lawfully be carried in that case the Ordinances and Statutes of the said Kingdome are to be obserued 15 Likewise it is agreed and accorded That the Merchants and Inhabitants of the Ilands of GERNESEY and IERSEY may freely and safely trade and traffique in the Kingdome of FRANCE and in the parts thereof and that they shall haue and enioy the like priuiledges and liberties there as the Subiects of the French King doe enioy in the said Ilands paying notwithstanding all duties in euery place appertaining vnto the Princes 16 The Subiects of his Maiestie of GREAT BRITAINE shall receiue in all their causes and sutes ready and expedite iustice in FRANCE and the Officers and Ministers of the Ports of NORMANDIE the lesser BRITAINE and GVYEN shall be charged kindly and friendly to entertaine them And if any matter of greater moment and importance do arise the French King inioineth his Councell to take vpon them the knowledge thereof themselues or to delegate or appoint Iudges indifferent and not suspected As also the like order shall be taken by his Maiestie of GREAT BRITAINE towards the Subiects of the French King abiding within his Kingdome and requiring iustice there 17 The Subiects of the French King entring into the Ports of the Kingdome of GREAT BRITAINE shall not heereeafter pay any thing more for Cockets then the naturall Subiects of the said Kingdome are accustomed to pay 18 And if it shall happen that any of the Subiects of either of the said Kings by storme or tempest or for feare of the enemie shall be compelled to cast anckor in any Port Road or Hauen appertaining to the said Kings respectiuely they shall not be vrged to pay any Custome or other duties either at their entrance or departure for their Merchandizes so casually brought in Prouided alwaies that the Master of the Shippes or the Factor of the Merchants doe the same day wherein any such Vessell shall so arriue or the next day after the arriuall certifie the Officers or Customers of the place to whom it appertaineth the true occasion of the said arriuall and also that they being required shall exhibite their Charter parties be enioined to put foorth and depart from thence so soone as the winde may serue them or the perill be remooued And if it happen whilest they so remaine in the Port that vpon necessitie they bee compelled to sell their Merchandizes or any part thereof then they shall pay to the Customer or Farmers such duties as are to be answered for to the quantitie onely of that which they haue solde and it shall be lawfull vnto them freely to transport the rest 19 And the French King being desirous to make it more appeare how greatly he esteemeth of the amitie of his good Brother the Kings Maiestie of GREAT BRITAINE and his willingnesse louingly and fauourablie to entreat his said Brothers Subiects abiding and trading in FRANCE and how much hee fauoureth this mutuall entercourse and Commerce betweene their Subiects although the right of Aubeyne is woorthilie accounted amongst the most ancient priuiledges and prerogatiues of the Kingdome neuerthelesse he is pleased to permit and grant to the English Merchants and their Procurators or Factors and to all other the Subiects of the Kings Maiestie of GREAT BRITAINE full libertie and right to make their last Willes and Testaments accordingly and according to their good liking to dispose as well liuing as dying of their Merchandize Monies Debts and of all other their mooueable goods which either they haue or ought to haue in any the Dominions places of the said French King and also that whether they die Testate or Intestate their Heires may haue and enioy their goods c. according to the Lawes of ENGLAND so as hereafter their goods shall not be held confiscable by the right of Aubeyne 20 Likewise it is agreed and accorded That the Subiects of the French King may in the same maner freely make their Testaments and according to their pleasure may either at their death or while they liue dispose of their goods in ENGLAND SCOTLAND and IRELAND and in other the Lands and Dominions of the Kings Maiestie of GREAT BRITAINE And that after their deathes whether they shall die Testate or Intestate their Heires either named in the Testament or otherwise succeeding by Law shall according to the Lawes of FRANCE haue and enioy the same goods Prouided neuerthelesse that the Willes and Testaments or Rights to succeed ab Intestato aswell of the Subiects of the French King as also of the Kings Maiestie of GREAT BRITAINE shall be lawfullie prouided in the place where the parties deceased and died whether the same shall happen in FRANCE or in the Kingdome of GREAT BRITAINE or elswhere within either of their Kingdomes 21 And vntill such time that iustice may be done in causes of Piracie and Depredation pretended to haue beene committed on the one side or other for which order shall be taken with as much expedition as may be It is concluded that all Letters of Mart and Reprisals which by either of the Princes before this time haue beene granted shal be suspended and that the same Reprisals shall not heereafter be executed vntill such time as it shall so be determined by decree of the Councell of the one and other Prince and that hereafter no such Letters of Mart or Reprisals shall be granted by any of the sayd Princes but that the Ambassadour resident in either places shall be first aduertised thereof And also after the same haue beene deliberatly considered on in the Councell of the Princes from whom they are to be obteined and confirmed by the Kings Great seale and together with all other solemnities obserued which are requisit in such cases 22 It is agreed further and accorded That this Treatie shall alwayes be vnderstood according to the proprietie and true signification of the wordes therein conteined and that it shall admit no such interpretation as may in any part let or hinder the force and effect thereof expressed in the plaine and simple words but that all subtilitie of vnderstanding which for the most part subuerteth the true meaning of the parties being taken away that which in good faith is done and expressed in this Treatie shall fullie and sincerely bee accomplished and performed 23 Last of all it is agreed and accorded That this present Treatie shall in all things be firmly and sincerely kept during the continuance of the League and Amitie betweene the said Princes and their Successors 24 In all and singuler which Articles before in this Treatie expressed and betweene vs the forenamed Deputies couenanted and concluded by vertue of our Commissions and by the authority therein to vs giuen whatsoeuer hath been done the same wholly shall be vnderstood to be submitted to the will and pleasure of their Maiesties And wee the Deputies of the French King haue promised and do promise That his Maiestie will ratifie and approue and by his authoritie will confirme all and singuler the sayd Articles by Letters patents signed with his hand and sealed with his Great seale and that the same shall bee verified and approoued in the Courts of his Kingdome where and when need shall require The which Letters of Confirmation and Ratification the sayd French King shall cause to be giuen and deliuered in sufficient and auailable forme within the space of three moneths from the day of these presents vnto the Ambassadour of the Kings Maiestie of GREAT BRITAINE residing with his Christian Maiestie in FRANCE he hauing sufficient power and authoritie to receiue the same In like maner we the aforesaid Ambassador and Deputie of the Kings Maiesty of GREAT BRITAINE haue also promised and do promise That whatsoeuer the sayd French King is before bound in this Article to accomplish and performe on his part the Kings Maiesty of GREAT BRITAINE c. will on his part likewise do and performe and will also ratifie and approoue this present Treatie within that same time and in the same forme and maner as it is promised if it so seeme good and acceptable to their Maiesties on both parts In testimonie of all which things and of euery one of them we the Commissioners deputed haue euery one of vs to this present Treatie subscribed with our owne hands and by putting thereunto our seales haue confirmed the same Giuen at PARIS the xxiiij day of Februarie in the yeere from the Natiuity of our Lord God 1605.
if these foure cannot agree then by mutual assent between themselues they are to chuse and take vnto them a fift the same being in ROAN a French man in LONDON an Englishman and so by the consent of the greater number of them the iudgement shall passe And to the end that this office may with better effect be executed there shall be giuen vnto them on either part Commissions with necessarie authoritie to performe the same And in case any great difficultie do arise so as it shall be conuenient or necessarie to certifie either of the Princes thereof the said Merchants named and appointed in manner aforesaid shall take care to aduertise the Councell of the Princes respectiuely thereof to the end that they may giue speedie remedie without losse of time and great charge of expences The like order shall be established and obserued at BVRDEAVX and CANE and other places of Mart and Market Cities in FRANCE and the same also shall be obserued in the Cities of GREAT BRITAIN and IRELAND that so those Persons which shall be named appointed to vndergoe these Offices in the said places may according to the aforesaid forme determine of the complaints and difficulties which may happen by reason of Commerce and traffique betweene them 8 And for the better accommodating of the said Merchants trading in the kingdoms and Dominions of either of the said Princes and for easing the labours and charges of them which are appointed to this Office so farre foorth as may be it is agreed that the said Merchants as well English as French vnto whom this authoritie shall be committed which hereafter shall be called Conseruators of Commerce and traffique shall be named and appointed from yeare to yeare and shall take oathe in FRANCE before the Prior and Consuls as well in the Citie of ROAN as in the other Cities in which such Conseruators ought to bee appointed and likewise in LONDON and in other Cities of GREAT BRITAINE and IRELAND where need shall be that is to say that they shall well and faithfully performe this Office and authoritie committed vnto them and that during the time aforesaid so often as occasion shall require they shall diligently intend this businesse that they shall therin affoord their labour freely requiring nothing of the subiects for that cause except where the partie shall desire a copie of the Acts in writing in which case the taxation of the said writings shall bee made by the said Conseruators moderately and according to reason 9 Moreouer it is agreed that all excessiue fees wages charges and smaller duties and paiments which Officers and Ministers of diuers places do now exact of the said Merchants namely Searchers Waiters Laders Vnladers Packers Porters and generally all other such kind of Officers and publique Ministers shall be ordered and moderated by the said Conseruators and a reasonable rate of their duties shall be set down which shall be presented to the Kings Councel in either of the kingdoms and the same by them being seene and confirmed shall afterward be published and set vp in writing seuerally in Towns and places accustomed to the end that the Merchants on either part may be certaine and assured of that which ought by them in such case to be paied 10 Also the said Conseruators shall informe themselues particularly of the liberties and priuiledges which are pretended and challenged by some Cities to be due vnto them and their Inhabitants in the Kingdoms and Dominions of either of the Princes and they shall likewise informe them of the commoditie and incommoditie thereof which being done they are to aduertise their Princes on both parts that by the aduice of their Councell the same may be moderated according to equitie and reduced to the ancient vses of the said places and Cities 11 The said Conseruators shall also haue charge to looke vnto the waights and measures which are in the towns of either of the kingdoms to the end that there be no fraud or abuse suffered therein by negligence or deceipt of inferiour Ministers and as for the Merchandises brought out of either of the said Princes Kingdomes or from other places they shall determine and order which of them are subiect to visitation and are to be accounted as lawfull or vnlawfull and which not 12 And forasmuch as the principall complaint made by the Ambassador of his Maiestie of GREAT BRITAINE c. and by the Merchants of ENGLAND is against an Arrest or Iudgement giuen in the Councell of the French King bearing date the one and twentieth of Aprill in the yeare of our Lord one thousand six hundred containing an Order touching the Workemanship and qualitie of Woollen clothes to be brought into FRANCE by the English Merchants especially into the Prouinces of NORMANDIE the lesser BRITAINE and GVVYEN the said French King being desirous to giue contentment vnto his good brother the King of GREAT BRITAINE at the instance and motion made for the same diuers times by his Ambassador and being willing also to further the cōmerce of Draperie or Woollen Clothes so as no detriment may thereby redound vnto the publike is pleased that the said Arrest and Iudgement be reuoked and doth himselfe reuoke and abrogate the same and from hencefoorth dischargeth the Merchants of ENGLAND from the confiscation or forfeiture imposed as well in the same Arrest as in all other Arrests and Ordinances made for and concerning the said Draperie or Woollen Clothes and doth permit and grant vnto the said Merchants of ENGLAND that if any Woollen Clothes heereafter being faultie and ill made be brought by them or any of them to be vented in FRANCE that they may notwithstanding carrie the same backe againe out of FRANCE And forasmuch as the sayd English Merchants vpon the difference which may grow for the qualitie and good or ill condition of their Clothes be much troubled and hindered through losse of time and the staying of their Clothes to their damages It is agreed and accorded that the said Conseruators of commerce deputed in maner aforesaid if at any time such complaint be brought vnto them shall vpon due consideration of the making and of their value and of the price of the Clothes iudge and determine which of them are to be accounted lawfull and saleable and which are to be reiected and sent backe as faulte and ill made in which case the said French King doth commit the whole consideration and determination thereof to the honestie and conscience of the Conseruators and will ratifie and allow what they shall do therein and touching those Clothes which shall be adiudged to be sent backe as faultie nothing shall be heereafter required by his Officers for transporting of them forth of the kingdome 13 It is further accorded and concluded That the libertie and freedome of commerce in transporting of whatsoeuer Merchandizes whether they be Manufactures or Wares vnwrought shall according to this Treatie and other precedent Treaties be mainteined