THE ARTICLES AND CONDITIONS OF THE PERPETVALL PEACE Concluded between the most Potent King of Spaine c. on the one partie and the High and Mightie Lords the States Generall of the Vnited Netherlands on the other partie Subscribed and Sealed the 13th of Ianuary 1648. At MVNSTER Printed at Rotterdam by Haest van Voortganck Printer of the Articles of the Peace 1648. And Reprinted at London by Robert White 1648. The Lords States Generall of the United Provinces of the Low-Countries IN the name and to the honour of God Know all men that after a tedious prosecution of bloody warres which so many yeares have oppressed the poople subjects Kingdomes and lands being under the obedience of the Lord the King of Spaine and the Lords the States Generall of the Vnited Netherlands the said Lords the King and the States moved with all Christian compassion and desire on both sides to make an end of the common miseries and to avoid the sad prosecution destruction dammage and perills which might follow by a further proceeding in the Low-Countrie warres as also by spreading it to other cities and countries and lands and seas lying farre off and to change the evill effects of the same into an acceptable good and upright-peace and the sweet fruits of a full and firme rest to the comfort of the people and countries which are under their obedience and the reparation of the dammages past for the generall welfare not only of the Low-countries but also of all Christendome enviting and entreating other Princes and Potentates that by the blessing of God they may be moved to the like compassion and eschewing of destruction spoile and disorders which the heavie plague of warre hath so long and so heavily caused them to feele for the obtaining of so good an end and wished eye-marke the said Lords Don Phillippo the fourth King of Spaine and the States General of the Vnited Provinces have deputed Commissioners viz. the said Lord King of Spaine Don Gasper de Bracamonte and Gusman Earle of Penaranda Lord of Aldea Seca and Forteran Knight of the Order of Alcantare perpetuall Administrator of the Command of Dayniel of the Order of Calatraia Gentleman of the Chamber of his Majestie and of his Counsell and Chamber Extraordinary Ambassador for his Emriall Majestie and the chiefe Plenipotentarie for the Treatie of generall Peace the honourable Anthony Bruyn Knight and Counsellour of his Catholick Majestie in his Councell of State and high Councell for the afaires of the Low-Countries in Burgundy about his person and his Plenipotentiarie for the Treaties of peace of the generall Peace And the Lords the States generall of the United Provinces the right Honorable Bartholt van Gendt Lord of Loenen and Meinerswiick Amptman and Dyckgrave of Bommel Tielre and Bommeler-weerde deputed for the States Generall by the Province of Gelderland the Right Honorable John van Matenesse Lord of Matenesse Riviere Opmeer Souteveen deputed for the Assembly of the States Generall by the order of the Knighthood and Gentrie of Holland and Westfriesland High Privicouncellor of Schieland the Honorable Adrian Pauw Knight Lord of Hamsted Hoogersmilde c. chief Presiding Counsellor and Treasurer of the Earledome of Holland and Westfriesland and deputed on the behalfe of the same Province for the Assembly of the Lords States Generall the Honorable John de Knuyt Knight Lord of Old and New Vosmer chief representing the Gentrie in the States and the Councell of the Earldome of Zealand and the Admiraltie the chief Counsellor of his Highnesse the Lord Prince of Orange Ordinarie Deputie in the Assembly of the Lords the States Gen the Honorable Godert van Reede Lord of Nederhorst Vredeland short Houff Orermeer Horst Waert c. President of the Honorable Gentrie Knighthood of the land of Vtretcht and in the name thereof appearing at the Assembly of the Lords the States Generall the Honorable Francis van Donia Lord of Humena and Hielsum c. Deputed for the Assembly of the Lords the States Generall on the behalf of the Province of Friesland the Honorable William Ripperda Lord of Hengeloo Bolbergen Cabulo and Russenburg c. Deputie of the States General for the Knighthood Gentrie of the Province of Over-Yssel the Honorable Adrian Clant at Stedum Lord of Muttersum c. Ordinarie Deputie in the assembly of the States Generall on the behalf of the Province of the Citie of Groeningen and lands adjacent all extraordinarie Ambassadors in Germanie and Plenipotentiaries of the said Lords the States Generall for the Treatie of the generall peace all of them furnished with full power or procurations inserted at the foote hereof who being assembled together in the Citie of Munster in Westphalia with common consent for the Treatie of the common rest in Christendome by vertue of their said Letters of Atturney and in the names of the said Lords the King and States have made concluded and agreed on the Articles following Articles of the Peace concluded at MUNSTER IMprimis The said Lord the King doth declare and acknowledge that the said Lords the States generall of the United Netherlands and the severall Provinces of the same with all their associated countries cities and lands belonging to them are free and soveraign Cities Provinces and lands of and against whom nor their associated countries cityes and lands the said Lord the King doth not pretend any thing nor now nor hereafter for himselfe his successours and posterity shall pretend any thing and in sequell hereunto is content to treat with the same Lords States as he doth by these presents for a perpetuall Peace on the conditions here under-written and declared to wit 2. That the said Peace shall be good firm faithfull and infrangible and that in order hereunto there shall be a cessation of all Acts of hostility whatsoever between the said Lord the King and the States generall as well at sea and other waters as at land in all their respective Kingdoms Countries Lands and Dominions for all their subjects and Inhabitants of any qualitie or condition whatsoever they be without exception of places or persons 3. Each one shall keep and presently occupy the countryes cities places lands and dominions which they do at present enjoy without therein to be troubled or hindred directly nor indirectly in what manner soever it be wherein is understood to comprehend the villages towns high-lands low-lands depending thereon and in the sequell thereof the whole Maioralty of Busse as also the Lordships cities castles villages townes high lands and low-lands depending on the said Maioralty of the Busse the City and Marquisate of Bergen op Zoam the City and Barony of Breda the City of Maestricht and the confines thereof as also the Earldome of Proonehoffe the Earle and land of Cuyck Hulst and Bayliwick of Hulst and Hulster-Ambacht and as also Axele-Ambacht lying on the south and north of Geule as also the Forts which the said Lords States have in the Land of Waes and all
the other cities and places which the said Lords the States hold in Brabant Flanuders and elsewhere remain to the said Lords States in all the rights soveraignities and superiorities of the same nothing excepted and every of them as they do hold the Provinces of the United Provinces Provided that all the rest of the Land of Waes except the said Forts shall remain to the King of Spaine for what concerns the free Quarters of Over-mase to wit Valckenburge Dalen and S'Hertogenrade they shall remain in the condition wherein they at present are and in case of dispute and controversy the same shall be sent to the Bipartite Chamber of which is hereafter spoken 4 The subjects or inhabitants of the said Lord the King and the States shall have all good correspondence and friendship together without remembring the offences or damages which they have formerly suffered they shall also come and abide in the countries the one of the other and there use their trade and commerce in all security as well at sea other waters as at land 5. The navigations and commerce for the East and West-Indies shall be maintained according and in conformity to the Grants therefore already given or yet to be given and for assurance thereof this present treaty and the ratification on both sides to be performed shall reach and under the said treaty shall be comprehended all Potentates Nations and People with whom their Lordships or those of the East or West-Indy company on their behalf within the bounds of their Patent are in friendship and allyance and each one to wit the said Lord the King and the Lords and States respectively shall hold and enjoy such dominions cities castles strengths trade and landes in the East and West-Indies as also in Brazill as also on the coasts of Asia Africa and America severally as the same Lords the King and the States respectively have and hold among which are specially contained the places since the year 1641. taken from the Lords Sates and occupied by the Portingalls or which they hereafter without the breach of this present Treaty may get and hold And the governours as well of the East and West-India company of the United Provinces as also the Ministers high and low officers souldiers and mariners being or which have been in actuall service as also those which continue out of the same services respectively as well here in this Country as in the limits of the said Company and may hereafter be imployed be free untroubled in all the lands which are under the obedience of the King of Spain in Europe they may travell trade and go as all other inhabitants of this State Further it is bespoke and stipulated that the Spaniards shall remain in their voyages in the same manner as they yet hold the same in the East-Indies without extending themselves further as likewise the Inhabitants of the United Netherlands shall forbear to frequent or occupy the Spanish places in the East-Indies 6. And what concerns the West-Indies the Subjects and Inhabitants of the Kingdoms Provinces and lands of the said Lords the King and States respectively shall forbear to sayle and trade in all the havens and places with the lodges castles and all other places held and possessed by one or the other party to wit the Subjects of the said Lord the King shall not sayle unto and trade in the havens and places which are held by the said Lords States nor also the Subjects of the said Lords States in those places which are kept by the said Lord the King and under the places which the said Lords States do possesse shall be also comprehended the places which the Portingals since the year 1641. have taken from the said Lords States in Brazill as also all other places which they at present hold so long as they shall be under the Portingals without that the aforegoing Articles may derogate the contents of this Article 7. And since a good long time is needfull to advertise those that are out of the said limits with power and ships to desist from all acts of Hostility it is agreed that the peace for the bounds of the Patent formerly granted or yet by continuance to be granted to the East-Indie Company of the United Netherlands shall not begin till a year after the date of the conclusion of the present peace And what concernes the bounds of the Patent formerly by the Lords States generall agreed or yet by continuance to be agreed to the West-Indie Company that the peace there shall not begin till a halfe year after date as above Provided that in case advise of the said peace shall sooner become publick on both sides within the said severall Limits that then hostility shall there cease but in case after the said time of one year and halfe a year respectively any Acts of Hostility shall be done within the said Limits of the said Patents the damage shall be restored without delay 8. The Subjects and Inhabitants of the said Countries of the said Lords the King and the States trading in these Countries the one not be bound to pay to the other more duties and imposts then the own Subjects themselves so that the Inhabitants and Subjects of the United Provinces shall be and remain exempt from the twenty per cent or any lesse or any other Impost which the King of Spaine during the twelve years of truce leavied or which he hereafter directly or indirectly would leavy on the said Inhabitants and Subjects of the United Provinces or to charge them with more or above his own Subjects 9. The said Lords the King and States may not receive any duties of importation or exportation or any other without their severall Limits on goods passing either by water or land 10. The Subjects of the said King and States shall reciprocally enjoy the ancient freedome of customes in the lands the one of the other of which they had peaceable possession before the beginning of the Warres 11. The commerce passage and trade between the respective Subjects may not be hindred and in case any hindrance may happen the same shall seasonably and actually be removed 12. And from the day of the conclusion and ratification thereof the King shall forbeare the leavying of all Tolls on the Rhyne and the Mase which were before the warres under the Command and Limits of the Vnited Netherlands especially also the Zealand Toll so that this Toll shall not be given to his Majesty in the City of Antwerp or elsewhere Provided and on condition that from the said day forwards the States of Zealand reciprocally at their charge shall take and pay first and foremost from the same day forwards the annuall rents which before the year 1572. were confirmed on the said Tolls and of which the owners and rent-farmers had the enjoyment and receipt before the beginning of the said warre the which also the owners of the said Tolls shall likewise do 13. White boyled salt coming out
of the Vnited Provinces into the Countryes of his said Majesty shall be there received and admitted without to be taxed higher then as bay salt is and also that salt coming out of the lands of his said Majesty into the Vnited Provinces shall be admitted and vented without that the same be higher taxed then the salt of the said Lords the States 14. The river the Scheld as also the Channels and the Sas Swyn and other sea gaps belonging to them shall remain blockt up on the side of the Lords States 15. The ships and goods coming in and out of the havens of Flanders respectively shall be and remain taxed by the said Lord the King with such Imposts and other charges as the goods of the Scheld and other channels contained in the article above are taxed or rated in coming and going respectively and shall be hereafter agreed between the partyes on both sides at the foot of the said equall taxations 16. The Hans-cities with all the Burgers Inhabitants and territories of the same shall in matter of navigation and commerce in Spain the Realmes and Countries of Spain enioy all and the same rights freedomes Immunities and priviledges which by this present Treaty are agreed or hereafter may be agreed for and on the behalfe of the Subjects and Inhabitants of the United Netherlands they shall enjoy all the same rights freedoms immunities priviledges and capitulations as well for making of Consuls in the ports or sea towns of Spaine and elsewhere where it shall be needfull as for the Merchants Factors Ship-masters Mariners or otherwise even as the said Hans towns in generall or particular have formerly had and practised or shall hereafter get and practise for the security profit and advantage of the navigation and commerce of their Cityes Merchants Factors Assignes and others which depend on them 17. Also the Subjects and Inhabitants of the Countryes of the said Lords the States shall have the same security and freedome in the lands of the said Lord the King as is granted to the Subjects of the King of great Brittaine by the last Treaty of Peace and secret Articles made with the Constable of Castile 18. The said Lord the King shall with the first good opportunity grant that civill places be ordained for the burying of the bodyes of such of the said Lords States party as shall happen to dye under the obedience of the said Lord the King 19 The Subjects and Inhabitants of the Countries of the said Lord the King coming into the Countries of the said Lords the States shall carry themselves with all civility in matters of the publique worship of religion without giving any scandall by words or actions and without any reviling speeches and the same shall be observed by the Subjects and Inhabitants of the lands of the said Lords States coming into the lands of his Majesty 20. Likewise the Merchants Ship-masters Pilots Maryners their ships merchandise ware and other goods belonging to them may not be stopped nor arested by vertue of any command generall or particular and for whatsoever cause it be either for warre or otherwise yea not under pretence to have them serve for the conservation and defence of the Country by which is not meant to containe the stops and arrests of Justice in the ordinary way by reason of any debts bonds and obliging contracts of those against whom the said stoppings shall be made but therein shall be proceeded as is usuall according to law and reason 21. On both sides shall be appointed some Justices in number equall by way of a Bipartite Chamber who shall reside in the Low-countryes and at such a place as is fit and that by turnes sometimes under the obedience of the one sometimes of the other as it shall be thought good by joynt consent the which Judges appointed on both sides according to the Commission and instructions which shall be given them and upon which they shall make oath according to a certaine forme to be for that purpose framed by both partyes shall overlooke the dealings of the Inhabitants of the said Low-countryes and the customes and imposts which shall be leavied on goods by one side and the other And in case the said Judges chance to finde that excesse be used by either one or the other or on both sides the said Judges shall examine the controversy on the not performance of the said Treaty as also the contraventions thereof which may chance to arise in any time and place as well in the Countries here as in the Kingdomes Countries Provinces and Islands lying far off in Europe and thereof summarily and plainly to dispose and declare what they shall judge fit in conformity to the Treaty and the sentences and dispositions of the said Judges shall be put in execution by the ordinary Justice at the place where the breach hapned or else against the persons of the contraventors as the occasion shall require and the said ordinary Justice or Court may not remain in default of doing the said execution or suffer it to be done and to repaire the said breach within the time of six monthes after the said ordinary Court shall be thereunto required 22. In case any sentences and Judgements be denounced between persons of both parties being not grounded either in matters civill or criminall they shall not be put in execution against the persons of the condemned nor their goods And no letters of Mart or reprisall shall be granted but upon knowledge of the businesse and in such matters for which it is permitted by the Imperiall lawes and constitutions and according unto the order thereby made 23. They shall not arrive come in or remain in the Havens Bayes Ports or roads of the countries the one of the other with ships and men of war in any number that might cause suspition without the leave and permission of those under whom the said Havens Bayes Ports and roads are except they are forced by tempest and forced to do the same through need and to avoid any perills of the sea 24. Those whose goods are seazed and confiscated by reason of the warre or their heires or those who have their right shall use the same goods and shall take the possession of them by their own authority and by virtue of this Treaty without that it be needfull to have recourse to Justice notwithstanding all incorporations of the Fiscall morgages gifts made treatyes agreements and transactions and whatsoever renuntiations may be inserted in the said transactions for to exclude from a part of the goods and those whom the same right should come to And all goods and rights which in sequell of this present Treaty are restored or are yet to be restored reciprocally to the old proprietors their heires or those that have their right shall be sold by the said proprietors without that it be needfull to obtain particular consent therefore and in order hereunto the propriety of the rents which have been constituted
on the behalfe of the Fiscall in stead of the goods sold as also the rents or actions which are laid upon the Fiscall respectively may also be disposed of by the proprietors of them by sale or otherwise as their own goods 25. The which shall take place for the use of the heyres of the Lord Prince William of Orange yea for the rights which they have in the Salines of the County of Burgundy which shall be restored and left to them with the Woods which depend therein in regard of that which shall not be found to be bought and paid for by his said Majesty 26. In which is also meant to be comprehended the other goods and rights lying in the Countries of Burgundy and Charlois and what in order to the Treaty of the ninteenth of Aprill 1609. and the seventh of January 1610. respectively is not yet restored to the said proprietors and their heires or those who have their rights on both sides shall every where with the first be restored in good faith 27. As also therein is meant to be comprehended the goods and rights which after the expiration of the League of 12 yeares by sentence of the high Councell of Mechleu to the prejudice of the Fiscall were adjudged to late Earle John of Nassau or in what manner the said Earle had the possession of them in whatsoever places lands or dominions the said adjudged goods and rights may lye and by whomsoever they may be possessed the which sentence by virtue of this Treaty is and is held as void and all other possession gotten as aforesaid is made void 28. And what concerns the suit of Castelbelijn commenced in the life of the said late Lord Prince of Orange before the high Councell of Mecheleu against the Atturny generall of the King of Spaine forasmuch as the said suit was not ended within the tearm of a year after the prosecution made therein as in the fourteenth Article of the League for twelve years was promised to be done it is agreed that presently after the concluding and ratification of this present Treaty the Fiscals in the name of his Majesty or in whose name soever the same may be shall presently make assignement of all the goods claimed in the said suit and by whomsoever and by what right soever the same are possessed also in the name and on the behalfe as afore shall renounce all actions and pretences wich the said Fiscall may any wise have or could pretend on the said goods for presently after the conclusion and ratification of this Treaty and by virtue thereof and without any recourse in Law to be received by the present Lord Prince of Orange his heires and successours or those having his right and taken into free and unincumbred possession but the profits received and enjoyed with the charges of them unto the day of the concluding of this Treaty shall remain to the use of the Fiscall 29. In case difficulty be in any place found in the restitution of the goods and rights which must be restored the Judge of that place shall without delay cause the restitution to be effected and take the shortest way therein without that the restitution may be delayed under pretence of the non-payment of the principall or otherwise 30. The Subjects and Inhabitants of the United Netherlands may where ever they are in the Countries under the obedience of the said Lord the King of Spaine be assisted with such Advocates Atturnyes Notaryes Sollicitors and Executors as they shall think good whereunto they shall be also chosen by the ordinary Judges when it shall be needfull and the said Judges shall be thereunto required and reciprocally the Inhabitants and Subjects of the said Lord the King coming into the Countries of the said Lords States shall also enjoy the same assistance 31. In case the Fiscall hath caused any confiscated goods of the one or the otherside to be sold of those to whom the same must belong by virtue of this Treaty they shall be bound to be content with the Interest of the price at the rate of the sixteenth penny thereof to be annually paid by the proximity of those who possesse the said goods else it shall be permitted to them to addresse themselvs to the Lands of the Inheritances sold with this proviso that in stead of the goods sold the rents or interests redeemed or the principall thereof by in the name of the respective Fiscals letters patents shall be granted to the use of the owners their heires or such as have their action which shal serve them for a declaratory evidence in conformity to the Treaty with an assignement of the annuall payment on some Rent-master in the Province where they are sold or remitted the which Rent-master shall be named therein and the price shall be accounted according to the first sale being done publickly or otherwise as is fitting the first year of which rent shall be ended a year after the date of the conclusion and ratification of this present Treaty 32. But in case the said sales were done by justice for due and lawfull debts of those to whom the said goods used to belong before the confiscations it shall be permitted them or their heyres and those that have their right to take them to themselves paying the price within a year to be accounted from the day of this present Treaty after which time they shall not be any more receiveable for it and the said allowance and sale being by them done they may dispose thereof as they shall see good without that it be needfull to obtaine any other leave for it 33. Yet it is provided that the said retaking shall not have place for houses sold which lye in Cities which for that cause have been sold the dearer because of the great inconveniency and notable dammage which the purchasers would have by reason of the change and repairing which may have been done in the said houses for which the Liquidations would be too tedious and heavie 34. And for the reparations and amendments done to other goods sold of which the sale is permitted in case they be claimed the ordinary Judges shall doe right upon knowledge of the businesse the Lands and inheritances remaining morgaged for the summe whereunto the amendments shall be liquidated without neverthelesse giving leave to the said purchasers to use the right of Arentment for to be paid and satisfied therefore 35. All undiscovered goods and rights moveables and immoveables rents actions debts credits and other things which have not been seazed by the Fiscall upon due knowledge of the businesse before the day of the concluding and ratification of this Treaty shall remaine to the free and full disposall of the owners their heires or such as have their right with all the Interests rents revenewes and benefits and those who have concealed the said goods and rights or their heires shall not be troubled for the same by the respective Fiscalls but the owners their
heires or such as have their right may have an action for the same against every one as for their own goods 36. The trees cut down after the finishing of this Treaty and which at that day are yet standing on the ground as also the trees sold which are not yet cut downe by the said day shall remaine to the owners notwithstanding any sale made and without being bound to pay any price 37. The Interests hvre Farmes and revenewes of the Dominions Countries Tithes Fishponds houses rents and other revenewes of goods which according to the Treaty must be restored due from the day of the conclusion of this reaty shall come to the proprietors their heyres or such as have their action for the whole year 38. The hyre which hath been made of confiscated or seazed goods although the same be made for many yeares shall expire with the yeare from the conclusion of this Treaty according to the use of the severall places where the said goods are situate and the hyre shall end from the day of the end of the Treaty and shall be made good and paid to the owners provided that in case the occupier of the goods hath been at any charge before the spring of that year that the same charges shall be payd by the owners and occupiers according to custome or the discretion of the Judge of the places where the same goods are situate 39. All sale of confiscated or seazed goods done since the conclusion of the Treaty shall be held null and void as also the sales made before such conclusion which were made against the Covenants or agreements with any Cities in particular 40. The houses of particular persons which are restored or are to be restored according to the Treaty shall not reciprocally be charged with Garrisons or otherwise any higher or lower then the houses of other Inhabitants of the like conveniency 41. None on the one side nor the other directly nor indirectly shall be hindred in changing of their dwelling place paying the duties which are imposed there and in case any hinderances happen after the Treaty they shall be presently removed 42. In case any Fortifications or workes on the one or the other side with leave and by the Authority of the Governours be made in such places as by this present Treaty should be restored the owners of them shall be bound to content themselves with the value which shall be made thereof by the ordinary Judges aswell of the said places as of the Jurisdiction they are under except the parties agree amongst themselves about it as also satisfaction shall be given to the owners of the goods which have been used for Fortifications publike works or Hospitals 43. Concerning the goods of Churches Colleges or other pious places lying in the United Provinces which were Members depending on Churches Benefices and Colleges under the obedience of the said Lord the King whatsoever hath not been sold before the closure of this present Treaty shall be given againe and restored to them and they shall come into the possession of them by their own Authority and without help of Law for to use the same and without disposing of the same as is here aforesaid But for such as shall have been sold before the said time or have been given in payment by the States of any of the Provinces they shall be paid the annuall rent of the price at the rate of the sixteenth penny by that Province which hath made the said sale or hath given the said goods in payment and shall also have such assignement as they may be assured thereof and the like shall be done and observed on the side of the said Lord the King 44. For such pretences and Interests which the Lord Prince of Orange may have touching some parcels which he doth not possesse the same shall be accorded by a particular Treaty to the satisfaction of the said Lord Prince of Orange but what concernes the goods and effects which the said Prince is in possession of by the grant and concession of the said Lords the States Generall in the Bayliffwick of the Hulster Ambacht and elsewhere of the which the said Lords States a while since have made him a confirmation all the same parcells shall remaine in full property to the said Lord Prince and his successors or who have his right without that any thing can be pretended to the said goods by vertue of any Articles of this present Treaty 45. Those to whom the confiscated goods must be restored shall not be bound to pay the arrerages of rents and charges annually taken and assigned on the said goods for the time that they have been used and if they be prosecuted and troubled for the same by the one side or the other they shall be sent back and discharged and where it is found known that all goods of any one of the one side or the other side have been confiscated or seazed so that he hath kept no meanes wherewith he could pay the rents and Interests of his debts which are fallen due during the confication or seazure they shall be acquitted not only from the charges and rents according to the Treaty but also from generall and personall impositions of the rents and Interests fallen due in the said time 46. Concerning some other points which besides the contents of the afore going 44.th Article are especially treated and agreed upon and subscribed in two severall writings one of the 8.th of January the other of the 27th of December 1647. for and in the name of the said Lord Prince of Orange the said writings and all the contents of the same shall have their effect and be confirmed performed and executed according to their forme and tenour more or lesse as if all the said points in generall or each of them in particular were word for word inserted in this present Treaty notwithstanding any clauses of this present Treaty to the contrary hereof the which clauses it is understood to be derogate and are expresly derogated by this present Article and which clause in respect of the said two writings are and shall be held as not made and without that by reason thereof the performance and execution of the said two writings of the 8.th of January and of the 27.th of December 1647. may be hindred or in any manner withheld 47. Also nothing may be pretended for the goods which are sold or agreed for to be dycked or redycked other then for the upstalling or reparations for which the possessors have bound themselves by the Treaties made thereof with the Interests of the moneys furnished if any have been given also after the rate of the 16.th penny as above 48. Sentences given for goods and rights confiscated with parties which have knowne the Judges and have been legally defended shall hold and the condemned persons shall not be receiv'd to gainesay them but by ordinary wayes 49. The said Lord the King doth acquit and renounce
all pretences of Redemption and all other Lawes and pretences which he can have or pretend in any manner against the Citie of the Grave the Land of Cuyck it's apertenances and the dependencies of the Barony of Brabant formerly held in morgage by the late Lord Prince of Orange the redemption of the which morgage is discharged and converted into property and delivered over to the use of the late Lord Prince Maurice in December 1611. by the Lords States generall of the united Netherlands as Soveraignes of the said City of Grave and land of Cuyck in sequell and conformable to the Letters Patents granted thereof and by vertue of which Conversion and assignement the said Lord Prince of Orange that now is his heires and successors or such as have his right shall alwayes use the full and whole property of the said City and land of Cuyck with all its apertenances and dependencies 50. The said Lord the King doth also acquit and renounce all and every the rights and pretences either of propriety Assignement or otherwise which he may in any manner pretend to the City County or Dominion of Lingen and foure Kartsspelen and other rights belonging thereunto as also to the Cities and Dominions of Bevergard and Kloppenburg and other pretences on and against whomsoever they may be for really and actually for ever to remaine to the said Lord Prince of Orange his heires and successors or those that have his right in full right of propriety according to the Letters or deed of gift and grant of the Emperour Charles the 5.th dated the 3. d of November 1546. and the agreement made afterwards between the Earle of Bueren and the Earle of Teeckelenburg dated the 15.th of March 1548. and finally according to the assignement made thereof in November 1578. which the said Lord the King for what concerneth him hath confirmed and doth confirme by the aforesaid Treaty 51. The said Lord the King and Lords States shall appoint each in their own the Offices of the Magistrates for the administration of Justice and Policies in the Cities and strong holds which by this present Treaty are to be restored to the owners for to use them 52. The farrther quarter of Gelderland shall be exchanged for it's equivalent and in case they cannot please one another about the said equivalent the same shall be put to the Biparty Chamber to be decided within 6. moneths after the conclusion and ratification of the Treaty 53. The said Lord the King doth bind himselfe effectually to perfect the continuance and observance of all Neutrality friendship and good neighbourhood on the behalfe of his Imperiall Majesty and the Empire with the said Lords States unto which continuance and observance the said Lords States doe also reciprocally bind themselves and the Confirmation of his Emperiall Majesty shall be had thereupon within the time of two moneths and on the behalfe of the Empire within a year after the conclusion and ratification of the present Treaty 54. The moveables which are confiscated and the profits which are fallen due before the conclusion of the present Treaty shall be subject to no restitution 55. The moveable actions which shall be remitted by the said Lord the King or the States to the use of the particular debtors before the conclusion of this present Treaty shall remaine cancelled on the one and the other side 56. The time which hath run from the beginning of the warre since the yeare 1567. till the beginning of the truce of twelve yeares as also the time which hath run since the expiration of the said truce till the conclusion of this Treaty shall not be accounted for to wrong or otherwise to prejudice any one thereby 57. Those who during the warre are gone into Neutrall Countries shall enjoy the fruits of this present Treaty and may dwell where they shall please yea returne to their old dwelling places for to live there with all security observing the Lawes of the Countries without that by reason of their dwelling which they shall keep in any place whatsoever their goods be seized or they deprived of the use of them 58. They shall not make any new Forts in the Netherlands neither on one side nor the other nor dig any new passages or ditches whereby they might shut in or exclude the one or the other party 59. The Lords of the house of Nassau and also the Earle John Albert of Solms Governours of Maestricht shall not be sued or molested in their persons or goods for any debts contracted by the late Lord Prince of Orange since the yeare 1567 untill his death nor for the Interests fallen due during the seazure and sequestring of the goods which were charged therewith 60. In case any breach or contravention of this Treaty be made by any particular person without command of the said Lords the King or States the dammage shall be repaired at the very place where the breach shall be done in case they be there apprehended or else at their dwelling places without that they may be sued any where else in their persons or goods in whatsoever manner it be and they shall not be suffered to take up Armes or break the Peace for it but they shall have leave in case of publike denyall of Justice to help themselves with letters of Mart or reprisall as is usuall 61. All disinheritings and dispositions done in hate of the warre are declared voyd and held as not done and by disinheritances done in hate of the war is meant to comprehend those which are happened by any cause from whence the warre is risen and which depend thereon 62. The Subjects and Inhabitants of the lands of the said Lords the King or States of whatsoever quality or condition they be are declared capable to succeed one an other as well by Testament as without a will according to the custome of the places and in case any Successions formerly befell any of them they shall be received and preserved therein 63. All prisoners of warre shall be discharged on the one side and the other without paying any Ransome with a distinction or exception of such prisoners as have served out of the Netherlands and under other Standards and Colours then those of the States 64. The payment of the arrerages of the contributions which at the time of the Treaty shall remaine payable in respect of the persons and goods of the one and the other side shall be regulated and determined by those who on both sides have the superintendance of the contributions 65. Whatsoever during the Treaty hath been propounded or alledged on both sides verbally or in writing shall not reach nor may any wise be expounded to the benefit or detriment of any one directly or indirectly but aswell the said Lords the King and the States generall and particular as also all Princes Earles Barons Gentry Citizens and other Inhabitants of the Kingdomes and Countries respectively of whatsoever condition or quality they be shall
remaine in their rights according to the contents of the Treaty and the conclusion thereof 66. The Inhabitants and Subjects of the said Lords the King and States respectively shall really enjoy the effect of the 16.th Article of the expired 12. yeares truce and the effect of the 10.th Article of the Agreement which followed thereupon the 8.th of January 1610. and that for asmuch as the said effect was not performed by one or the other side during the time of the said Truce 67. The bounds of Flanders and other parts shall be regulated in such manner as shall be found fitting under the command of the one and the other side the informations whereupon shall be expected and delivered for to regulate the said Limits in due time 68. On the behalfe and on the side of the said Lord the King of Spaine shall be demolished the Forts near and about Sluys to wit St. Jop St. Denis Sterre-schans the Fort of Teressre St. Frederix-Fort the Fort St. Isabelle St. Paul the Redouts Papemuts and on the side and on the behalfe of the said Lords States shall be demolished the Forts following Namely both the Forts in the land of Casant called Orange and Frederick the two on the passage and all those which lye on the East side the river the Schelde except Lillo and the Fort on Kieldrecht called Spignola for the demolition whereof on both sides there shall be an agreement made between both parties for to regulate it equally 69. All Registers Charters Deeds Proofes and Papers as also businesse of suits concerning severally any of the United Provinces associated Countries Cities or members of them as also any particular Inhabitants of the same remaining in the Courts Chanceryes Counsels and Chambers of Policy Justice Exchequer Mannors or Arches either at Avenues Mechelen or other places under the obedience of the said Lord the King shall in good saith be delivered to those who from the side of the said Provinces respectively shall have commission to demaund the same and the like shall be done on the side of the said Lords States belonging to the use of the Provinces Cities and particular persons under the obedience of the said King 70. The water duty shall be left to the City of Sluys as it belongs to it 71. The Dam made at Saint Denis for stopping of the river Sonte shall be taken away and opened provided a sluce lye and be made there for the keeping of which sluce shall be equalized as is here aforesaid in respect of the demolishing of the Forts 72. In the present Treaty of Peace shall be comprehended those which before the inter-changing of the opprobative ratifications or within three monthes after shall be named on both sides within which time the said Lord the King shall nominate whom he thinks good on the behalfe of the said Lords States were nominated the Prince Landgrave of Hassia Cassel with his Towns Cities and Countries the Earle of East-Friesland the City of Embden the County and Countrey of East Friesland the Hans-towns and particularly Lubecke Bremen Hamburge and the said Lords States do reserve to name within the said time all such others as they shall see good 73. Concerning the pretence of the Earle of Flodorp for restitution to be made to him of the house or mannor of Leuten with the goods which may depend thereon and all other goods and towns which may thereabouts belong to him and are seized on the behalf of the said Lord the King the said restitution is granted him as also of the house provided that between the conclusion of this present Treaty and the ratification thereof a disposition shall be made for the maintenance of a garrison on the behalfe of the said Lord the King and for the demolishing of the new fortifications made since the possessing of the said house 74. Concerning what was treated and agreed on between the Extraordinary Ambassadours and Plenipotentiaries of the said Lord the King and States on the eighth of December 1646. concerning Rutger Huygens for and in the name of his wife Mistresse Anna Margareta van Stralen it shall have such force and effect and shall be performed and executed in all points as if the same were inserted word for word in this present Treaty 75. And to the end this present Treaty may the better be kept the said Lord the King and States do severally promise to assist and each one in his place to use their might and means to make the passages free and to make the sea and rivers navigable and sure against the incursions of Pyrats sea rovers vagabonds and theeves and if they can apprehend them to punish them with rigour 76. They further promise to do nothing against or in prejudice of this present Treaty nor suffer to be done directly or indirectly and in case it be done to cause reparation to be made without any trouble or delay And for the performance of all the premises they bind themselves severally yea the Lord the King his own selfe and his successours and for the stability of the same obligation they renounce all lawes customes and all other things to the contrary 77. This present Treaty shall be ratified and approved by the said Lords the King and States and the Letters of ratification on both sides shall be delivered up from one to the other in good and due forme within the time of two monthes and in case the same ratification can come sooner all acts of hostility between both partyes shall cease from that time without tarrying the expiration of the tearme Provided that after the concluding and subscribing of this present Treaty the hostility shall not cease before and untill the ratification of the said Lord the King of Spaine shall be produced in due substance and forme and inter changed for that of the said Lords the States of the United Provinces 78. So that in the mean time things on both sides shall remain in such state and condition as they shall be found at the time of the concluding of this present Treaty and untill that the said reciprocall ratification shall be inter-changed and delivered 79. The said Treaty shall every where and where it is fitting be published presently after that the said ratifications on both sides shall be inter-changed and delivered up and then all Acts of Hostility shall cease A COPY Of the full power of his Royall Majestie of Spaine which was delivered to the Ambassadors of the High and Mightie Lords the States Generall of the Vnited Netherlands being at present assembled at Munster wherein his royall Majestie declareth the Vnited Netherlands to be free and franke without that he hath any pretence on them in any manner as followeth DON PHILIP by the grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugall Navarr Granada Toledo Valentia Gullicia Majorca Minorca Sivill Sardinia Cordua Corsica Murcia Jaen the Algarves Algerica Gibraltar the Canary Ilands the East and West Indies the
Ilands and firme land of the Ocean Sea Archduke of Austria Duke of Burgundie Brabant Millaine Earle of Absburg Flanders Tiroll and Barcelona Lord of Biscaye and Mechelen c. Whereas I do so far and so much desire to advance the rest and tranquilitie of the Subjects and Inhabitants of the Provinces of the Netherlands that they may cease from such a long cruell war for the better attainiug of a generall Peace in Europe for the good of Christendome And having by common and mutuall consent chosen and appointed the City of Munster in Westphalia for the Assembly and Treaty of the said Peace I have found it convenient to nominate persons who may in my name assist at the said Assembly with all authoritie and full power and especially with the States of the free Provinces of the United Netherlands or their Ambassadors and Plenipotentiaries particularly authorized and deputed and taking into consideration the sufficient integritie circumspection experience judgement and zeale to my Service and the good of the rest of Christendome in generall which do concur in the Persons of Don Gaspar de Braccamonte and Gusman Earle of Peneranda Gentlemen of of my Counsell Chamber and of the Chamber of Justice as also of my Extraordinary Ambassador in Germanie Fryer Ioseph Ergaigne Arch Bishop of Cambray and Anthony Brun of my High Counsell in Flanders and for the satisfaction they have alwayes given me in severall and great negotiations which were laid upon them and by them severally treated therefore fully beleeving that they all together and each one in particular in the absence or inconvenience of one or the other will have regard to the best welfare of Christendome and my particular interests I have nominated them for my Ambassadors and Plenipotentiaries and by vertue of these presents I give them jointly and to each one in particular in the absence or inconvenience of any of them full and absolute power to make an overture to the States of the said free Provinces of the United Netherlands or to their Ambassadors and Plenipotentiaries who shall be thereunto especially authorised and constituted As also to heare what shall be propounded to the pacifying of the said long and cruell war moved in the Provinces of the Netherlands and such which have growne from thence against the said States Generall in other lands and seas lying far off And in sequell thereof to enter into an accomodation with the said States general of the said free United Provinces or with their said Ambassadours and Plenipotentiaries to confer propound agree capitulate and conclude a good firme and inviolable Treaty of rest either of Peace or of a Truce promising for my Self and my Successors for ever to hold firme and valid precisely and punctually without any default whatsoever by my said Ambassadours and Plenipotentiaries joyntly or by each in particular in the absence or inconvenience of any of them shall be agreed and capitulated in the said Treatie with the said States Generall or their said Ambassadors and Plenipotentiaries of the said United free Provinces And also to approve and ratifie it my selfe within the time which shall be reciprocally appointed with corroboration of an oath and all solemnities in such case needfull and usuall In witnesse whereof I have commanded to dispateh these presents Subscribed with my hand and counter-signed with the Subscription of my Secretarie of State Given at Saragossa the 7th June 1646. I the King P. Coloma The Contents of the Procuration of the Plenipotentiaries of the Lords the States Generall THe States generall of the Vnited Provinces to all those who shall see these Presents or heare them read greeting Do make known That whereas we have heretofore upon all occasions shewed our selves very ready with an upright will and intention that the long-during destructive and bloudy Warre in the Low-countrey Provinces moved many yeares since and continuing till this present might have been laid aside for the common good of the said Provinces and comfort of the good Inhabitants of the same and whereby have also followed and grown the Warres in other places and seas lying a far off which have risen against our Adversary out of the said Low-countrey Warre And having by common consent chosen the City of Munster in Westphalia for the assembling and treating of a generall Peace in Christendome We have thought good to nominate persons who with all authority and full power should assist at the said Assembly Treaty for to helpe to put an end to the said tedious destructive and bloudy Warre moved in the Low-countreys sa aforesaid Therefore fully trusting on the wisdome discretion circumspection fidelity and zeale to the service of the said Vnited Provinces of the Lords Bartholt van Gendt Lord of Loeven Meynerswyck c Amptman and Dyckgrave of Bommel Tielre and Bommelerweerde deputed for the Assembly of the Lords States generall out of the Province of Gelderland The Lord John van Mathenesse Lord of Matenesse Ryver Opmeer Souteveen deputed for the Assembly of the Lords the States generall by the Order of the Knighthood and Gentry of Holland and West-Friezeland The Lord Adrian Pauw Knight Lord of Hamsted Hogersmilde c. Chiefe presiding Chancellour and Treasurer of the County of Holland and West-Friezeland and on the behalfe of the same Province deputed for the Assembly of the Lords the States generall The Lord John de Knuyt Knight Lord of the old and new Dosmer chiefe and representing the Gentry of the States and the Counsell of the County of Sealand and of the Admiralty there Chiefe Councellour of his Highnesse the Lord Prince of Orange ordinary Deputy at the Assembly of the Lords the States geuerall The Lord Godart van Reede Lord of Nederhorst Uredesant Short-hoofe Orermeer Horst Waest c President of the Honourable the Gentry and Knights of the Laud of Vytrecht and in their names appearing at the Assembly of the Lords States generall The Lord Francis van Donia Lord of Humena and Hialsum c. deputed for the Assembly of the Lords the States generall on the behalfe of the Province of Friezland The Lord William Ripperda Lord of Hengeloo Bolburgen Cavulo and Russenburge c. deputed for the Assembly of the States generall by the Knighthood and Gentry of the Province of Over Ysel The Lord Adrian Clant at Stedum Lord of Muttersum c. ordinary Deputy in the Assembly of the Lords States generall on the behalfe of the Province of the City of Groningen and lands adjacent the respective Deputies in our Assembly and extraordinary Ambassadours in Germany giving unto them joyntly or at least to the greatest part of them in the absence or inconvenience of the other full power and authority generall and speciall Command for in our names and on our behalfe in the quality of Plenipotentiaries of this state in the said city of Munster to heare and understand from the Lords Plenipotentiaries of the mighty and most excellent Prince Don Phillip the fourth King of Spaine the overture of what the same Lords Plenipotentiaries of the said King shall produce for the removing of the said tedious destructive and bloudy Warre moved in the Vnited Provinces of the Netherlands and which hath caused warre against our adversaries in places and seas lying a far off and in order hereunto to enter into a Treaty and Accommodation with the said Lords Plenipotentiaries of the said King and to conclude a good firme just and infrangible Treaty of Peace as the Lords Plenipotentiaries of this State shall judge fit for the most service and assurance of the Vnited Provinces the good Inhabitants thereof and their Associates and the interested in the said severall tedious warres And we have promised and do promise by these Presents in good faith and under obligation of our selves and our successours in generall and in particular alwayes to hold good firme and of value what by our said Plenipotentiaries concerning this shall be agreed and concluded and to ratifie the same and infrangibly to keep it and cause it to be kept without ever to do or suffer to be done against it in any maner directly or indirectly In witnesse hereof we have caused these Presents to be paraphed caused it to be sealed with our great Seale and to be subscribed by our Secretary In our Assembly in the Hage the twentieth of March 1646. Parafied Johan van Reede on the fold was written by Order of the said high Lords States generall and subscribed Corn Musch Having the great Seale of the Lords States generall in red wax under appending at a double ribbon of gold and red silke In witnesse of all that which is afore said we the Extraordinary Ambassadours and Plenipotentiaries of the said Lords the King of Spaine c. and of the States generall of the Vnited Netherlands by virtue of our severall Procurations or Letters of Atturney have subscribed this present Treaty and corroborated it with the Seales of our Armes Done in Munster in Westphalia the 30th of January 1648. was Subscribed and Sealed The Earl of Peneranda A. Brun. Bartholt van Gent. Iohn van Mathenesse Adrian Pauw I. de Knuyt F. van Donia VVilliam Ripperda Adrian Clandt FINIS