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A22749 Articles of peace, entercourse, and commerce concluded in the names of the most high and mighty kings, Charles by the grace of God King of Great Britaine, France and Ireland, defender of the faith, &c. and Philip the Fourth King of Spaine, &c. : in a treaty at Madrit, the fift day of Nouember after the old stile, in the yeere of Our Lord God M.DC.XXX. / translated out of Latine into English.; Treaties, etc. Spain, 1630 Nov. 5 England and Wales.; Spain. Treaties, etc. England and Wales, 1630 Nov. 5. 1630 (1630) STC 9251.3; ESTC S122628 11,033 72

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ARTICLES OF PEACE ENTERCOVRSE AND Commerce Concluded in the names of the most high and mighty Kings CHARLES by the grace of God King of Great Britaine France and Ireland Defender of the Faith c. And PHILIP the fourth King of Spaine c. In a Treaty at Madrit the fift day of Nouember after the old Stile in the yeere of our Lord God M.DC.XXX Translated out of Latine into English ¶ Imprinted at London by Robert Barker Printer to the Kings most Excellent Maiestie And by the Assignes of Iohn Bill 1630. ¶ By the King WHereas it is found meete and expedient vpon weighty considerations moued to His Maiestie by the intervention of some of His friends to lay aside Hostility with the King of Spaine and so to remooue by faire and peaceable means the cause of the Warre which hath bred interruption to the Amity betwixt the two Crownes vpon assurance giuen His Maiestie hereof by that King His most Excellent Maiestie hath condescended to renew the ancient Amity and good intelligence betwixt the two Crowns their Realmes Countreys Dominions Vassals and Subiects And doeth accordingly make knowen to all His louing people that the sayd Peace and Friendship being so established not onely all Hostilitie and Warre is to cease on both sides from henceforward But also the former Trade and Commerce as it stoode in the vse and obseruance of the Treatie made by His Maiesties blessed Father is restored and confirmed betweene the sayd Kings their Kingdomes Territories and Subiects aswell by Land as Sea and Fresh Waters Which His Maiestie hath thought fit to declare vnto all manner of His Subiects of whatsoeuer estate they be strictly charging and commanding them to obserue and accomplish all that hereunto belongeth As it is certainly promised to be published on the side of the King of Spaine the Date of these Presents Giuen at His Maiesties Palace of Westminster the fift day of December in the sixt yeere of His Maiesties Reigne God saue the King HONI SOIT QVI MAL Y PENSE DIEV · ET · MON · DROIT ¶ The Preface or Introduction to the Treatie with Spaine BEcause the present effect and benefit of the reconciliatiō lately concluded betwixt the Kings most Excellent Maiestie and the King of Spaine will consist in the renewing and frequenting of a free and open Trade by the Subiects of both Crownes His Maiestie hath thought it expedient for the better encouragement of the Merchants and their direction in the said Commerce to publish the Articles of the said Treaty Peace being in substance the same with the former Treatie made by his blessed Father of glorious memory Sauing that besides what is priuately agreed concerning Forreigne parts it is prouided both by publique and priuate stipulation that Commissioners shal be appointed on either side to redresse and settle all defects and controuersies in matter of Trade betwixt the subiects of the two Crowns which is agreed shall bee done with all conuenient expedition ❧ Articles of the Treaty FIrst it is concluded and accorded that from this day forward there shall bee a good sincere true firme and perfect Amitie League and Peace to endure for euer and inuiolably to be obserued and kept aswell by Land as Sea and Fresh-water betwixt the most renowned King of Great Britaine France and Ireland c. And the most renowned King of Spaine and their Heires and Successors whomsoeuer their Kingdomes Countries Dominions Lands Peoples Liege men and Subiects now beeing or which hereafter shall bee of whatsoeuer condition state or degree they are or may bee so as the said Vassals and Subiects from henceforth are each of them to fauour other and to vse one another with all kinde and friendly Offices II. AND that from hencefoorth all Hostilitie and Enmitie shall cease and all Offences Jniuries and Damages which either part in time of the troubles hath sustained by the other shall bee taken away and forgotten in such sort as that hereafter neither partie against the other for and vpon occasion of any Damages Offences Depredations or Spoyles past may pretend any matter but that there shall bee a perfect Abolition of all and euery of them vntill this present day And that all actions for the same shall bee held and reputed to bee extinguished excepting all such Depredations which shall bee committed within the Narrow Seas after the space of fifteene dayes and betwixt the Narrow Seas and the Jslands after the space of three Moneths and beyond the Line after the space of Nine Moneths fully ended to be reckoned from the Publication of the Peace Or immediately after the notice of the Peace sufficiently giuen in the said places by Authenticall Actes or Leters respectiuely to bee shewen Because of these an account and full restitution is to be made And each partie shall hereafter abstaine from all Depredations Offences and Spoyles as well by Sea as Land and fresh Waters in whatsoeuer the Kingdomes Dominions Places or Gouernments of the other Neither shall the aforesaid Kings consent that any of the Grieuances before mentioned be done by any of their Vassals Inhabitants or Subiects And they shall also cause Restitution to be made of all Depredations and Spoyles which heereafter shall be committed and of the Damages growing by meanes thereof III. ITem That none of the forenamed most Renowned Kings their heires or Successors whosoeuer by himselfe or by any others shall Doe Treate or Attempt any thing against the other or against their Kingdomes Lands or Dominions whatsoeuer in any place on Land or Sea or in the Ports or Fresh Waters by pretence of any cause or vpon any occasion neither any of them shall giue Assistance or Consent vnto any Warre Counsell Attempt or Treaties had made or to be made in the preiudice of either or against the other IV. ITem That neither of the former parties shall themselues giue or shall consent to be giuen by any of their Vassals Subiects or Jnhabitants Aide Fauour or Counsell directly or indirectly on Land Sea or Fresh Waters Nor shall supply and minister nor consent to be supplyed and ministred by their said Vassals Inhabitants and Subiects vnto the Enemies or Rebels of either part of what nature or condition soeuer they be Whether they shall inuade the Countries and Dominions of either of them or withdraw themselues from their Obedience and Subiection any Souldiours prouision of Victuals Monies instruments of Warre Munitions or whatsoeuer other aide else to maintaine Warre V. ANd furthermore the foresaid Kings shall renounce as by the Tenour of these Presents euery of them hath and doth renounce Whatsoeuer League Confederation Capitulation and Jntelligence made by what manner soeuer in the preiudice of the One or the Other which doth or may repugne against this Peace or Concord and all and singular the Contents thereof All which and euery of them so farre as they doe concerne the effect aforesaid they shall annull and make void and declare to be of no force
or moment VI. ITem It is agreed and accorded that the said most renowned Kings shall take care that their Subiects shall from henceforth abstaine from all force and wrong doing And that they likewise shall reuoke all Commissions and Letters of Reprisall and Mart or otherwise containing Licence to take Prizes of what condition or kinde soeuer they are being to the preiudice of the one or other of the said Kings or of their Subiects whether the same haue beene giuen or granted by them vnto Subiects or Inhabitants or vnto Strangers and shall declare the same to be void of no force as by this Treatie or Peace they are declared so to be And whosoeuer shall doe any thing to the contrarie hee shall be punished not onely criminally according to the merit of his Offence but shall also bee compelled to make Restitution and Satisfaction for the losses to the parties damnified requiring the same VII ITem It is agreed and accorded that betweene the most renowned King of Great Britaine c. and the most renowned King of Spaine c. and euery of their Vassals Inhabitants and Subiects as well by Land as Sea and Fresh Waters in all and singular their Kingdomes Dominions Islands and other Lands Cities Townes Villages Hauens and Streights of the said Kingdomes and Dominions there be or may be free Commerce In which before the warre betweene Philip the second King of Spaine and Elizabeth Queene of England there hath beene Commerce betwixt the said Kingdomes according as it was agreed on in the Treatie of peace made in the yeere a thousand sixe hundred and foure in the ninth Article like and according to the vse and obseruance of the ancient Leagues and Treaties made before the said time in such sort and manner as that without any safe conduct or other licence generall or speciall the Subiects of the One or other King may freely as well by Land as by Sea and fresh waters goe enter and saile in and to the said Kingdomes and Dominions and all the Cities Hauens Shores Sea-rodes and Streights thereof and put themselues into whatsoeuer Hauens of the same Where before the aboue said time there hath beene a mutuall Commerce and like and according to the vse and obseruance of the ancient Leagues and Treaties aforesaid with Carriages Horses Burdens Ships as well laden as to bee laden to bring in Merchandises and there to buy or sell as much as they will and in the same places vpon iust prices to procure and haue prouision of victuals for their Sustenance and Voyages And likewise as occasion shall require to repayre such shipping and carriages as either appertaine vnto them in propertie or else they haue hired or borrowed and from thence also with their Merchandises Goods and other Commodities whatsoeuer the Customes and Tolles as they are presently rated according to the Ordinances of the places beeing paid they may with like freedome depart and goe to their owne Countries or any other places at their pleasure without let or impediment VIII ITem It is likewise agreed and accorded that it may be lawfull to haue accesse vnto the Ports of the said Kings and there to make stay and from thence with the same liberty to depart not onely with their Shippes of Merchandises and burthen but also with other shipping furnished for warre and prepared to withstand the force of enemies Whether they shall arriue there either by force of tempest or for repairing their ships or for prouision of victualls so as they exceede not the number of sixe or eight ships when they come in of their owne accord nor that they continue nor make stay in the hauens or about the Ports longer then they shall haue iust cause for the repaire of the same shipping or for prouision of other necessaries lest they should be any occasion of interruption vnto the free Commerce and Entercourse of other friends and Nations in Amitie And whensoeuer any greater number of Ships of war then is before specified shall haue occasion of accesse into those Ports then shall it not bee lawfull for them to make any entrance without the priuitie and consent of the King Prouided also that they doe no hostile Acte within the said Ports to the preiudice of the Kings but demeane themselues there quietly as Friends and Confederates with speciall caution euer to bee had that vnder the colour and pretext of Commerce no warlike ayde prouision of victualls or of Armes or of Munition or other such like materials for the warres bee carried by the Subiects Vassals or inhabitants of those Kingdomes to the commoditie or benefit of the enemies of the one or other King And whosoeuer shall attempt to the contrary shall be punished with those sharpe paines and punishments vsed to be inflicted vpon seditious persons and breakers of faith and peace Prouided also that the Subiects of the one in the Dominions and Territories of the other be not worse handled then the naturall Subiects in their sales and contracts for their Merchandises as well in respect of the prices as otherwise but that the condition of forreiners bee equall and like herein vnto naturall Subiects Notwithstanding any Statutes or Customes to the contrary IX ITem It is agreed and accorded that the said most renowned King of Great Britaine c. shall prohibite and after the confirming of these present Articles by Proclamation foorthwith prouide that no one of his subiects inhabitants or vassalls shall Lade or carry ouer by any meanes directly or indirectly in his owne name or in the name of any others neither shall lend his Ship or other Vessell for carriage or vse his name for the transporting or conueying of any Ships Merchandises Manufactures or any other thing out of Holland and Zeland into Spaine or other the Kingdomes and Dominions of the King of Spaine neither shall carry in his Ships any Holland or Zeland Merchant vnto the said Ports vpon perill of his Maiesties indignation and other punishments vsually inflicted on the contemners of Royall Commandements And to the effect that fraud which through the likenesse of Merchandize might happen be the better auoided It is also prouided in this present Article that the Merchandizes to bee carried and conueyed out of England Scotland and Ireland to the Kingdomes and Dominions of the King of Spaine shall bee registred and sealed with the Seale of the Towne or Citie from whence they shall be Laden and that they being so registred and sealed shall without any difficultie or question whatsoeuer bee reputed and held for English Scottish and Irish Merchandizes and so respectiuely according to the Seale or marke bee allowed and admitted Alwayes excepted that in case of fraud proofe shall bee admitted without stay notwithstanding or let of the course or venting of the Merchandizes in the meane time And touching such Merchandizes as shall not bee registred nor sealed the same are to bee confiscated and taken for good Prize And likewise all Hollanders and Zelanders