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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
King for or vpon occasion of any depredations or spoyles committed The cause is to bee remitted to the Iudge of the Iurisdiction vnder that King against whose Subiect or Subiects the suit is commenced XXIX ITem That if the Hollanders and other Confederate States will propose conditions of pacification with the most renowned King of Spaine and his Successors through the meanes of the most renowned King of Great Britaine The said most renowned King of Spaine and his Successors will alwayes willingly hearken vnto that which shall bee proposed iust and reasonable therein And will desire that by the helpe of the said most renowned King of Great Britaine they may bee brought to propose equall conditions wherein they shall well vnderstand how much the said King of Spaine doth attribute vnto the authority of the said King of Great Britaine his louing brother XXX ITem Jt is concluded and accorded That in this present Treatie of Peace there bee comprehended the Adherents Friends and Confederates of the forenamed Kings That is to say On the part of the most renowned King of Great Britaine c. Ferdinand Roman Emperour with the Arch-Dukes of Austria and the Electors of the Empire together with the States Cities of the Empire The Duke of Lorraine The Duke of Sauoy The Dukes of Brunswick Lunenburg Meckelburg VVirtemberg The Landgraue of Hessen The Marquis of Baden The Dukes of Pomerania The Prince of Anhalt The Earle of East-Friesland The Cantons of Heluetia and the Grisons The Hauns Cities The French King The Kings of Denmarke and of Poland and of Swedland The Duke and State of Venice The Duke of Holstein and the Duke of Florence On the part of the most renowned King of Spaine Ferdinand Roman Emperour and his brethren and other Princes Arch-Dukes of Austria Princes of the Empire The Electors Cities and States subiect to the Empire The French King The King of Poland and Swedland The King of Denmarke The Duke and State of Venice The Duke of Sauoy The Duke of Baueere The Duke of Cleue The Duke of Holstein The Duke of Lorraine The Duke of Parma and Placentia The Bishop and Prouince of Liege The Duke of Florence The Duke of Mutine and Regium The Duke of Vrbine The Confederates and Cantons of the Heluetians and Grisons The Cities of the Haunse The Earle of East-Friesland without notwithstanding any preiudice of the right by the King of Spaine and Arch-Dukes pretended for their States The Duke and Common-wealth of Genua 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 Prince of Massia The Earle of Sala and the Earle of Colorno XXXI ITem It is likewise accorded and concluded that the said most renowned Kings Charles by the grace of God King of Great Britaine France and Ireland c. and Philip King of Spaine c. shall sincerely and faithfully obserue and keepe and procure to bee obserued and kept by their Subiects and Jnhabitants all and singular the Capitulations in this present Treatie accorded and concluded Neither shall they directly or indirectly infringe the same or consent that the same shall bee infringed directly or indirectly by any of their Subiects or Inhabitants And they shall ratifie authorise and confirme all and singular the Conuentions before accorded and concluded by Letters Patents 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 bee deliuered faithfully really and effectually whereby they may mutually binde themselues in the Word of a King and by oath to bee solemnely taken vpon the holy Euangelists to obserue and performe all and singular the premisses whensoeuer they shall be by either part thereunto required And furthermore they shall cause this present Treaty of Peace to be published in the manner and places accustomed so soone as conueniently the same may be ¶ Imprinted at London by ROBERT BARKER Printer to the KINGS most Excellent MAIESTIE and by the Assignes of IOHN BILL M.DC.XXX
to the free Commerce and Entercourse with other Nations that are in Amitie and Friendship But where occasion shall fall out of arriuall of any greater number of Shipping then before specified it shall not be lawfull for them to enter but with the knowledge and allowance of the King XVI AND as the said Kings doe religiously promise that they will not at any time yeeld any war-like succour to any of the others enemies So it is prouided that their Subiects or the inhabitants in their Realmes of what nation or qualitie soeuer they bee may not vnder colour of Entercourse and Commerce nor vpon any other collour or pretence giue any ayde or helpe to the enemies of the said Kings or of either of them or conferre or supply them with money prouisions of Victuals for Warre Armour Munition Ordinance Artillery or other warlike prouision and those which shall doe the contrary are to take knowledge that they shall be punished with the seuere punishments accustomed to bee inflicted vpon breakers of League and seditious persons XVII AND that also greater benefit may through this Concord come vnto the Subiects of the most renowned King of Great Britaine and of the most renowned King of Spaine in their obedient Prouinces It is accorded and concluded that the said most renowned Kings ioyntly and seuerally will doe their endeauours that their Subiects haue not the passages stopped or letted vnto any of their Ports Kingdomes and Dominions that thereby they be not hindered freely and without impediment to come and goe with their Shipping Merchandise and Carriages the ordinary Customes and Tolles being paid to all the said Ports Kingdomes and Dominions And with the like libertie when it shall seeme so good vnto them with other Merchandises from hence to depart XVIII BVt as concerning the ancient Treatises of Entercourse and Commerce whereof diuers are extant betwixt the Kingdomes of England Scotland and Ireland and the Dominions of the Dukes of Burgundy and Princes of the Low-Countreys which notwithstanding during the late troubles haue beene intermitted and peraduenture in some parts impaired Jt is agreed by way of prouision That they shall retaine and haue their ancient Force and Authoritie And that they shall bee vsed on both parts as they were before the Warre betweene Elizabeth Queene of England and Philip the second according as it was agreed on in the Treatie of Peace made in the yeere a thousand sixe hundred foure in the two and twentieth Article And if it happen that either by both parts or any one part any breach thereof bee alledged or that the Subiects shall complaine that the Conuentions are not obserued or that more grieuous burdens then were accustomed are imposed on them there shall bee Deputies appointed on either part which may meete and calling vnto them if neede be Merchants experienced in such matters may friendly Treate and equally renew and restore such things as shall bee found either to haue slipped out of course or to haue beene changed by the iniurie of time or by corrupt custome and vse XIX AND for that the rights of Commerce which do ensue by Peace ought not to bee made vnfruitfull as they would bee if the Subiects of the most renowned King of Great Britaine c whilest they haue recourse to and from the Kingdomes and Dominions of the said King of Spaine and doe remaine there for Commerce should bee molested in the cause of Conscience Therefore to the intent their Trafficke may bee safe and without danger as well on Land as on Sea the said most renowned King of Spaine shal take care and prouide that for the said cause of Conscience they shall not bee molested nor inquieted in vsing their Trade and Commerce so as they giue not scandall vnto others XX. ITem That if it happen any Goods or Merchandizes prohibited to bee carried or conueyed out of the Kingdomes and Dominions of the said most renowned Kings by the Subiects of the One or of the Other That in such case the person onely offending shall incurre punishment and the Goods onely prohibited shall bee Confiscated XXI ITem That the Goods of the Subiects dying within the kingdomes or Dominions of either shall be conserued to the right heires and successors of the deceased the right of a third person alwayes reserued XXII ITem That the Graunts and Priuiledges giuen by the Kings to Merchants of either of the Kingdomes comming to their said Kingdomes and which Priuiledges through the Warres haue ceased shall from henceforth wholly bee reuiued and haue their full force and strength XXIII ITem If it shall happen hereafter which God forbid that any displeasure doe arise betwixt the said Most renowned Kings the King of Great Britaine and the King of Spaine whereby danger might grow of the interruption of Entercourse and Commerce then the Subiects of either King are thereof so to bee admonished as that they may haue fixe moneths from the time of the monition to transport their Merchandizes without any Arrest Disturbance or Hurt in the meane season to be done or giuen vnto them either in their persons or Merchandizes XXIV ITem That none of the foresaid Kings shall imbarge or stay for their prouision in Warre or for any other seruice to the preiudice of the owners the ships of the Subiects of any of the others being in their Ports or waters vnlesse the King of those parties to whom the Ships doe appertaine shall first be admonished thereof and shall also yeeld his consent thereunto XXV ITem It is accorded that if during this Peace and Amity any thing happen to be attempted committed or done against the force and effect thereof by Land Sea or Fresh Waters either by any of the said Kings their Heires and Successors their Vassals Subiects or Allies comprehended in this League or of any the Heires or Successors of those Allies their Subiects or Vassals Yet notwithstanding this Peace and Amitie shall remaine in strength and vertue and the attempters and such as doe offend therein onely and no other shall be punished for their attempts XXVI ITem That such as haue beene taken in Warre and are Captiues on either part although they bee condemned to the Gallies shall be released and dismissed the charges of the diet of such as are not in the Gallies being first discharged and the ransomes of such as haue before agreed for the same being by them payed XXVII ITem It is concluded that all ciuill actions which at the time when the last warres began were of Validitie and of Force may yet be exercised and pursued notwithstanding any lapse of time during the same Warre so as no preiudice shall be vnderstood to haue growen vnto them during the continuance of the Warre those onely excepted which are already come to the Exchequer or Princes Treasurie XXVIII ITem Jf any controuersie happen to bee mooued in the Kingdomes and Dominions of the One or other of these Kings by any person not being Subiect to the same