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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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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 his Highnesse commandements And to the effect that fraude which through the likenesse of Merchandise might happen bee the better auoyded It is also prouided in this present Article that the Merchandises to be carried and conueyed out of England Scotland and Ireland to the Kingdomes and Dominions of the King of Spaine and Archdukes shall bee Registred and Sealed with the Seale of the Towne or Citie from whence they shall bee laden and that they being so Registred and Sealed shal without any difficultie or question whatsoeuer bee reputed and held for English Scottish and Irish Merchandises and so respectiuely according to the Seale or Marke bee allowed and admitted Alwayes excepted that in case of fraude proofe shall be admitted without stay notwithstanding or let of the course or venting of the Merchandises in the meane time And touching such Merchandises as shall not be Registred nor Sealed the same are to bee Confiscated and taken for good Prize And likewise all Hollanders and Zelanders which shall bee found in the same Ships may also bee taken and detained XII ITem it is agreed that English Scottish and Irish Merchandises may be conueyed and transported out of England Scotland and Ireland into Spaine and other of the Kingdomes of the King of Spaine before mentioned without the payment of the Imposition of thirtie in the hundred lately imposed but paying onely the Custome and Tolles vsually required before the said Imposition of thirtie in the hundred XIII ITem it is likewise agreed that for the Merchandises which English Scottish and Irish Merchants shall buy in Spaine or other the Kingdomes of the sayd King of Spaine and shall carrie in their owne Ships or in Ships hired or lent vnto them except as before hath bene said the Ships of Hollanders and Zelanders they shall pay onely such Tolles as were accustomed to bee paide before the Imposition of thirtie in the hundred yet so as they conuey and carrie the same goods and Merchandises to the Kingdomes of the said most renowned King of England Scotland c. or to the Ports of the Prouinces being in obedience to the Archdukes And for the more suretie that fraude bee not committed herein and that the said 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 doe 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 said Imposition of thirtie in the hundred in case they carrie the same goods and Merchandises to other Dominions and Countries And to obtaine also within the space of twelue moneths following a Certificate from the Magistrate 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 England c. or in the Ports of the Prouinces vnder the obedience of the said Archdukes vpon the exhibiting whereof the Obligations concerning those matters shall be deliuered vp vnto the bringers of the same Certificates XIIII ANd also that the sayd most renowned King of England Scotland France and Ireland c. shall prohibite soone after the confirming of this accord that none shall exporte any merchandize out of Spaine or other Kingdomes of the King of Spaine to be caried to other places then to his Maiesties Kingdomes and the sayd Portes of Flanders vpon penaltie of confiscation of all their merchandises to the vse of the said King of England c. to be paide into his Maiesties Exchequer of which merchandises or the value thereof one halfe is to bee giuen to the Informer the imposition of thirtie in the hundred being first deducted to bee payed to the Ministers and Deputies of the King of Spaine and the proofes lawfully receiued in Spaine and transmitted into England in authenticall fourme are to bee credited XV. ITem that the Magistrates of the sayde townes or Cities of his Maiesties Kingdomes which shall make Certificates of the vnlading of shippes and are to giue testimony of the registring of the merchandises shal 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 This declaration being added that when the King of Spaine and Archdukes shall agree with the French King or with any other vpon the last Placard of thirty in the hundred and the Commerce betwixt them be restored then it shall bee lawfull to the Subiects of the sayd most renowned King of England Scotland c. to transport their merchandises to the Kingdomes and Dominions of him or them vnto whom Commerce shall be restored without the payment of thirty in the hundred but onely paying the Tolles and Customes vsed and payed before the sayd imposition XVI THat which hath before been expressed concerning the free Commerce granted vnto the Subiects of the said renowned kings is to be vnderstood to bee likewise agreed on for the Subiects of the most renowned King Princes the king of England Scotland France and Ireland c. and the Archdukes to wit that in all places whatsoeuer their Subiects are bound reciprocally to respect to fauour ech other and by mutuall kinde offices friendly to intertaine 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 saide Kingdomes Dominions Lands Villages Towns Cities Sea shores Hauens Sea rodes whatsoeuer freely safely securely come enter sayle carie and recarie their merchandises buy and sell remaine abide and conuerse in the same so long as it shall please them any kinde of prouision for victuall and things necessary for sustenance and for voiages at iust reasonable prices and there repaire also as occasion shall require their shipping and cariages whether the same be their owne or whether they be 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 and 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 England c. vse not the shipping of the Hollanders or the vnited Prouinces and bring not into the Prouinces of the Archdukes 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 any thing from the Archdukes Prouinces vnto them of
those Prouinces vntill a pacification be accorded Nor that they receiue any the goods or 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 Price XVII ANd the aforesaid Prouisoes are not only to bee vnderstood of ships laden or to be laden in cause of Commerce but also of shippes of Warre which the said Princes haue or shall haue armed to represse the Attempts of their Enemies insomuch as that it may be 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 Hostile acte 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 needfull for reparation and prouision of necessaries that thereby they be not a hinderance or interruption 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 bee lawfull for them to enter but with the knowledge and allowance of the Prince XVIII ANd as the saide Kings and Archdukes doe religiously promise that they will not at any time yeeld any Warlike 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 be may not vnder colour of Entercourse and Commerce nor vpon any other colour or pretence giue any ayde or helpe to the enemies of the sayd Princes or of either of them or conferre or supplie them with money prouisions of victuals for warre Amour Municion Ordinance Artillerie or other warlike prouision and those which shall do the contrary are to take knowledge that they shall bee punished with the seuere punishments accustomed to be inflicted vpon breakers of League and seditious persons XIX AND that also greater benefite may through this Concord come vnto the Subiects of the most renowned King of England Scotland c. and of the Archdukes it is accorded and concluded that the said most renowned King of England c. and Archdukes ioyntly and seuerally will doe their endeuours that their Subiects haue not the passages stopped or letted vnto any of their Ports Kingdomes and Dominions that thereby they bee not hindered freely and without impediment to come and goe with their Shipping Merchandise and Carriages the ordinarie Customes and Tolles being paide to al the said Ports Kingdomes and Dominions and with the like libertie when it shall seeme so good vnto them with other Merchandises from thence to depart XX. 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 Burgundie and Princes of the Low Countreyes which notwithstanding during the late troubles haue beene intermitted and peraduenture in some parts impaired it is agreed by way of prouision That they shall retaine and haue their auncient forte and authoritie and that they shall bee vsed on both parts as they were before the Warres And if it happen that either by both partes or any one part any breach thereof be alleadged 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 shal bee founde either to haue slipped out of course or to haue beene changed by the injurie of time or by corrupt custome and vse XXI ANd for that the rights of Commerce which doe ensue by Peace ought not to be made vnfruitfull as they would be if the Subiects of the most renowned King of England Scotland c. whilest they haue recourse to and from the Kingdomes and Dominions of the said King of Spaine and Archdukes and do remaine there for Commerce should bee molested in the cause of Conscience therefore to the intent their Traffique may be safe and without danger as well on Land as on Sea the said renowned King of Spaine and Archdukes shall take care and prouide that for the said cause of Conscience they shall not be molested nor inquieted in vsing their Trade and Commerce so as they giue not scandall vnto others XXII ITem that if it happen any goods or Merchandises prohibited to be carried or conueyed out of the Kingdomes and Dominions of the said most renowned Kings and Archdukes 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 shal be Confiscated XXIII ITem that the goods of the Subiects dying within the Kingdomes or Dominions of either shall be conserued to the right heires and successours of the deceased the right of a third Person alwayes reserued XXIIII ITem that the Graunts and Priueledges giuen by the Princes to Merchants of either of the Kingdomes comming to their said Kingdomes and which Priueledges through the Warres haue ceased shall from henceforth wholly bee reuiued and haue their full force and strength XXV ITem if it shall happen hereafter which God forbid that any displeasure doe arise betweene the said most renowned Kings the King of England Scotland France and Ireland c. And the King of Spaine or the Archdukes whereby danger might grow of the interruption of entercourse and Commerce then the Subiects of either Prince are thereof so to be admonished as that they may haue sixe Moneths from the time of the monition to transport their Merchandises without any arrest disturbance or hurt in the meane season to be done or giuen vnto them either in their persons or Merchandises XXVI ITem that none of the foresayd Princes 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 Prince of those parties to whom the ships doe appertaine shall first be admonished thereof and shall also yeeld his consent thereunto XXVII ITem it is accorded that if during this Peace and Amitie 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 Princes their Heires and Successors their
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