Historical Collections of Private Passages of State: Volume 3, 1639-40. Originally published by D Browne, London, 1721.
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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 Britain, France, and Ireland, Defender of the Faith, &c. and Philip the Fourth King of Spain, &c. In a Treaty at Madrid, the Fifth Day of November, after the Old Style, in the Year of our Lord God 1630.
Translated out of Latin into English.
Articles of the Treaty.
- I. FIRST, It is concluded, and accorded, that from this day forward there shall be a good, sincere, true, firm, and perfect Amity, League and Peace to endure for ever, and inviolably to be observed and kept, as well by Land as Sea, and fresh water, betwixt the Renowned King of Great Britain, France, and Ireland, &c. and the most Renowned King of Spain, &c. and their Heirs and Successors whomsoever, their Kingdoms, Countries, Dominions, Lands, Peoples, Liegemen, and Subjects, now being, or which hereafter shall be, of whatsoever condition, state or degree they are or may be, so as the said Vassals, and Subjects, from henceforth are each of them to favour other, and to use one another with all kind and friendly Offices.
- II. And that from henceforth all Hostility and Enmity shall cease, and all offences, injuries, and damages which either party in time of the troubles hath sustained by the other, shall be taken away and forgotten in such fort, as that hereafter neither party against the other for and upon occasion of any damages, offences, depredations or spoils past, may pretend any matter, but that there shall be a perfect abolition of all and every of them until this present day; and that all Actions for the same shall be held and reputed to be extinguished, excepting all such depredations which shall be committed, within the Narrow Seas after the space of fifteen Days; and betwixt the Narrow Seas and the Islands, after the space of three Months; and beyond the Line after the space of nine Months fully ended, to be reckoned from the publication of the Peace, or immediately after the notice of the Peace sufficiently given to the said Places, by authentical Acts or Letters respectively to be shewn, because of these an account and full restitution is to be made. And each Party shall hereafter abstain from all Depredations, Offences and Spoils, as well by Sea as Land and fresh Waters, in whatsoever the Kingdoms, Dominions, Places or Governments of the other: Neither shall the aforesaid Kings consent that any of the Grievances beforementioned be done by any their Vassals, Inhabitants, or Subjects; and they shall cause restitution to be made of all Depredations and Spoils, which hereafter shall be committed, and of the Damages growing by means thereof.
- III. Item, That none of the aforenamed most renowned Kings, their Heirs or Successors whosoever, by himself, or by any other, shall do, treat, or attempt any thing against the other, or against their Kingdoms, Lands, or Dominions whatsoever, in any Place, on Land or Sea, or in the Ports of fresh Waters, by pretence of any cause, or upon any occasion; neither any of them shall give assistance or consent unto any War, Counsel, Attempt or Treaties, had, made, or to be made, in the prejudice of either or against the other.
- IV. Item, That neither of the former Parties shall themselves give, or shall consent to be given by any of the Vassals, Subjects, or Inhabitants, Aid, Favour, or Counsel, directly or indirectly, on Land, Sea, or fresh Waters: nor shall supply and minister, nor consent to be supply'd and minister'd, by their said Vassals, Inhabitants, and Subjects, unto the Enemies or Rebels of either part, of what nature or condition soever they be, whether they shall invade the Countries and Dominions of either of them, or withdraw themselves from their Obedience and Subjection, any Soldiers, Provision of Victuals, Monies, Instruments of War, Munitions, or whatsoever other Aid else to maintain War.
- V. And furthermore, the aforesaid Kings shall renounce, as by the tenor of these Presents every of them hath and doth renounce, whatsoever League, Confederation, Capitulation and Intelligence, made by what manner soever, in the prejudice of the one or the other, which doth or may repugn against this Peace, or Concord, and all and singular the Contents thereof: All which, and every of them, so far as they do concern the effect aforesaid, they shall annul 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, and their Subjects shall from henceforth abstain from all force and wrong doing, and that they likewise shall revoke all Commissions and Letters of Reprizal and Mart, or otherwise, containing Licence to take Prizes of what condition or kind soever they are, being to the prejudice of the one or other of the said Kings, or of their Subjects or Inhabitants, or unto Strangers, and shall declare the same to be void and of no force, as by this Treaty or Peace they are declared so to be; and whosoever shall do any thing to the contrary, he shall be punished not only criminally according to the merit of his Offence, but shall also be compelled to make restitution and satisfaction for the losses to the parties damnified, requiring the same.
- VII. Item, It is agreed and accorded that between the most renowned King of Great Britain, &c. and the most renowned King of Spain, &c. and every of their Vassals, Inhabitants and Subjects, as well by Land as Sea and fresh Waters, in all and singular their Kingdoms, Dominions, Islands, and other Lands, Cities, Towns, Villages, Havens and Streights of the said Kingdoms and Dominions, there be or may be free Commerce: In which before the War between Philip the Second King of Spain, and Elizabeth Queen of England, there hath been Commerce betwixt the said Kingdoms according as it was agreed on in the Treaty of Peace made in the Year 1604, in the ninth Article, like and according to the use and observance of the antient Leagues and Treaties made before the said time, in such sort and manner, as that without any safe Conduct or other Licence general or special, the Subjects of the one or other King, may freely, as well by Land as by Sea and fresh Waters, go, enter, and sail, in and to the said Kingdoms and Dominions, and to all the Cities, Havens Shores, Sea-Roads and Streights thereof, and put themselves into whatsoever Havens of the same, where before the abovesaid time there hath been a mutual Commerce, and like and according to the use and observance of the ancient Leagues and Treaties aforesaid, with Carriages, Horses, Burdens, Ships as well laden, as to be laden, to bring in Merchandizes, and there to buy or sell as much as they will, and in the same places upon just Prizes to procure and have Provision of Victuals for their Sustenance and Voyages; and likewise as occasion shall require, to repair such Shipping and Carriages, as either appertain unto them in property, or else they have hired or borrowed, and from thence also with their Merchandizes, Goods, and other Commodities whatsoever, the Customs, and Tolls, as they are presently rated, according to the Ordinances of the Places, being paid, they may with like freedom depart and go to their own Countries, or any other Place at their pleasure without Lett or Impediment.
- VIII. Item, It is likewise agreed and accorded, that it may be lawful to have access unto the Ports of the said Kings, and there to make stay, and from thence with the same liberty to depart, not only with their Ships of Merchandizes and Burden, but also with other Shipping furnished for War, and prepared to withstand the force of Enemies; whether they shall arrive there either by Force of Tempest, or for repairing their Ships, or for Provision of Victuals, so as they exceed not the number of six or eight Ships, when they come in of their own accord, nor that they continue or make stay in the Havens, or about the Ports longer than they shall have just cause for the repair of the same Shipping, or for Provision of other necessaries, lest there should be any occasion of interruption unto the free Commerce and Entercourse of other Friends and Nations in Amity: And whensoever any greater number of Ships of War than is before specified, shall have occasion of access into those Ports, then shall it not be lawlul for them to make any entrance without the privity and consent of the King. Provided also that they do no hostile Act within the said Ports, to the prejudice of the Kings; but demean themselves there quietly, as Friends and Confederates, with special caution ever to be had, that under the colour and pretext of Commerce, no warlike Aid, Provision of Victuals, or of Arms, or of Munition, or other such like Materials for the Wars be carried by the Subjects, Vassals, or Inhabitants of those Kingdoms, to the Commodities or Benefit of the Enemies of the one or other King. And whosoever shall attempt to the contrary shall be punished with those sharp pains and punishments used to be inflicted upon seditious persons and breakers of Faith and Peace. Provided also, that the Subjects of the one in the Dominions and Territories of the other, be not worse handled, than the natural Subjects, in their Sales and Contracts for their Merchandize, as well in respect of the Prizes as otherwise, but that the condition of Foreigners be equal and like herein unto natural Subjects, notwithstanding any Statutes or Customs to the contrary.
- IX. Item, It is agreed and accorded, that the said most renowned King of Great Britain, &c. shall prohibit, and after the confirming of these present Articles, by Proclamation forthwith provide, that no one of his Subjects, Inhabitants, or Vassals, shall lade, or carry over by any means, directly or indirectly in his own name, or in the name of any others; neither shall lend his Ship or other Vessel for carriage, or use his name for the transporting or conveying of any Ships, Merchandizes, Manufactures, or any other thing out of Holland and Zealand into Spain, and other the Kingdoms and Dominions of the King of Spain; neither shall carry in his Ships any Holland or Zealand Merchant unto the said Ports upon peril of his Majesty's indignation, and other punishments usually inflicted on the contemners of royal Commandments. And to the effect that fraud, which through the likeness of Merchandize might happen, be the better avoided; It is also provided in this present Article, that the Merchandizes to be carried and conveyed out of England, Scotland, and Ireland, to the Kingdoms and Dominions of the King of Spain, shall be registred and sealed with the Seal of the Town or City from whence they shall be laden, and that they being so registred and sealed shall without any difficulty or question whatsoever be reputed and held for English, Scotish, and Irish Merchandizes, ana so respectively, according the Seal or Mark, be allowed and admitted. Always execepted, that in case of fraud, proof shall be admitted, without stay notwithstanding or lett of the course or venting of the Merchandizes in the meantime. And touching such Merchandizes, as shall not be registred nor sealed, the same are to be confiscated and taken for good prize. And likewise all Hollanders and Zealanders which shall be found in the same Ships, may also be taken and detained.
- X. Item, It is also agreed, that the English, Scotish, and Irish Merchandizes may freely be conveyed and transported out of the said Kingdoms into Spain, and other Dominions of the said most renowned King, paying only the Customs and Tolls usually required.
- XI. Item, It is likewise agreed, that for the Merchandizes which English, Scotish, and Irish Merchants shall buy in Spain, or other of the Kingdoms of the said King of Spain, and shall carry in their own Ships, or in Ships hired or lent unto them (except, as before hath been said, the Ships of Hollanders and Zealanders) no new Customs of Toll shall be encreased: Yet so as they convey and carry the same Goods and Merchandizes to the Kingdoms of the said most renowned King of Great Britain, &c. or to the Ports of the Provinces being in obedience to the King of Spain. And for the more surety that fraud be not committed herein, and that the said Merchandizes be not transported to other Places and Kingdoms, and especially into Holland or Zealand, It is concluded, that the said Merchants shall bind themselves at the time that they do lade their Ships in Spain, or in the other Kingdoms and Dominions of the said King of Spain above declared, before the Magistrate of the place in which they shall lade, to pay the Imposition of thirty in the hundred, in case they carry the same Goods and Merchandizes to other Dominions and Countries: And to obtain also within the space of twelve months following, a Certificate from the Magistrates of the places where they shall discharge or unlade the same Goods, testifying their Discharge to have been either in the Kingdoms and Dominions of the King of Great Britain, &c. or in the Ports of the Provinces under the obedience of the said King of Spain: Upon the exhibiting whereof, the obligations concerning those matters shall be delivered up unto the bringers of the same Certificates.
- XII. And also that the said most Renowned King of Great Britain, &c. shall prohibit soon after the confirming of this Accord, that none shall export any Merchandizes out of Spain, or other Kingdoms of the King of Spain, to be carried to other places than to his Majesty's Kingdoms, and the said Ports of the Provinces in obedience, upon penalty of confiscation of all their Merchandizes to the use of the said King of Great Britain, &c. to be paid into his Majesty's Exchequer; of which Merchandizes, or the value thereof, one half is to be given to the Informer, the Imposition of thirty in the Hundred being first deducted, to be paid to the Ministers and Deputies of the King of Spain; and the proofs lawfully received in Spain, and transmitted into England in an authentical Form, are to be credited. And it is also declared, that the said prohibition of Goods to be carried out of Spain unto other places than the Kingdoms of Britain, and the other obedient Provinces of Flanders, doth no way comprehend those Kingdoms and Dominions which enjoy a free Trade with the Kingdom of Spain: for the Subjects of his Majesty of Great Britain may lawfully transport the Goods of the Kingdom of Spain unto those that have a mutual Trade with Spain, the aforementioned Cautions, Conditions, and Penalties rehearsed in the precedent Articles against the Offenders remaining still in force and strength.
- XIII. Item, That the Magistrates of the said Towns or Cities of his Majesty's Kingdoms, which shall make Certificates of the unlading of Ships, and are to give Testimony of the registring of the Merchandizes, shall not commit any Fraud therein under peril of Indignation of the King's Majesty, and pain of loss of their Offices, and other more grievous Punishments, at the King's Pleasure.
- XIV. That which hath before been expressed concerning the free Commerce, granted unto the Subjects of the said most renowned Kings, is to be understood to be likewise, and in the same manner agreed on for the Subjects of the most renowned King of Great Britain, &c. and of the obedient Provinces of Flanders; to wit, that in all places whatsoever their Subjects are bound reciprocally to respect and to favour each other; and by mutual kind Offices friendly to entertain the one the other; and that by Land, Sea, and fresh Waters, without any safe Conduct or other Licence, general or special, they may unto the said Kingdoms, Dominions, Lands, Villages, Towns, Cities, Sea-Shores, Havens, Sea-Roads whatsoever, freely, safely, securely, come, enter, sail, carry, and re carry their Merchandizes, buy and sell, remain, abide and converse in the same so long as it shall please them; take up any kind of Provision or Victual and things necessary for Sustenance, and for Voyages, at just and reasonable Prizes; and there repair also (as occasion shall require) their Shipping and Carriages, whether the same be their own, or whether they be hired or borrowed: As also to depart from thence with like liberty, with Merchandizes, Goods and other things whatsoever (the Customs and Tolls, according to the Statutes of those places, being paid) and to dispose, and follow their businesses freely, and to return at their own pleasure, either into their own Countries, or to any other place, without any impediment or lett, so as the Subjects of the most Renowned King of Great Britain, &c. use not the Shipping of the Hollanders, or the United Provinces, and bring not into the Obedient Provinces, any of the Manufactures of Holland, or of the United Provinces, bought wheresoever; neither any other thing, for which there was paid in Holland any Tribute; nor that they transport any thing from the obedient Provinces, unto them of those Provinces, until a Pacification be confirmed: nor that they receive any the Goods of Hollanders, or of those other places united, into their Ships, nor trust any of their own Goods in the Ships of Hollanders, nor fraudulently by lending their names, colour the Goods of any Hollander, or other of the United Provinces: for that if any thing be committed to the contrary, and the same be found, it shall be held for just and lawful Prize.
- XV. And the aforesaid Provisoes are not only to be understood of Ships laden, or to be laden, in cause of Commerce, but also of ships of War which the said Kings have, or shall have armed to repress the attempts of their Enemies: insomuch as that it may be lawful for such Ships of War, not exceeding the number before-mentioned, if they happen to be constrained, either by force of Tempest, or for buying of Victuals, or other things, or for repair of Shipping, to use the same liberty in arriving, staying, and departing; so that they do no hostile Act in the said Ports, but demean themselves honestly, and quietly, as it becometh Confederates and Friends: And so that they stay and remain not in, or about the same Ports any longer than shall be needful for Reparation and Provision of necessaries, that thereby they be not a hindrance, or interruption to the free Commerce and Entercourse with other Nations that are in Amity and Friendship: But where occasion shall fall out of arrival of any greater number of Shipping than before specified, it shall not be lawful for them to enter, but with the knowledge and allowance of the King.
- XVI. And as the said Kings do religiously promise, that they will not any time yield any warlike Succour to any of the others Enemies, so it is provided that their Subjects, or the Inhabitants in their Realms, of what Nation or Quality soever they be, may not under colour of Entercourse and Commerce, nor upon any other colour or pretence give any Aid or Help to the Enemies of the said Kings, or of either of them, or confer or supply them with Money, Provisions of Victuals for War, Armour, Munition, Ordnance, Artillery, or other warlike Provision: and those which shall do the contrary, are to take knowledge, that they shall be punished with the severe Punishments accustomed to be inflicted upon breakers of Leagues, and seditious Persons.
- XVII. And that also greater benefit may through this concord come unto the Subjects of the most Renowned King of Great Britain, and of the most Renowned King of Spain, in their obedient Provinces, it is accorded and concluded that the said most Renowned Kings joyntly and severally will do their endeavours, that their Subjects have not the passages stopped or letted unto any of their Ports, Kingdoms and Dominions, that thereby they be not hindred, freely and without impediment, to come and go with their Shipping, Merchandize and Carriages (the ordinary Customs and Tolls being paid) to all the said Ports, Kingdoms, and Dominions; and with the like liberty (when it shall seem so good unto them) with other Merchandizes from hence to depart.
- XVIII. But as concerning the Antient Treaties of Entercourse and Commerce, whereof divers are extant, betwixt the Kingdoms of England, Scotland, and Ireland, and the Dominions of the Dukes of Burgundy and Princes of the Low-Countries, which notwithstanding during the troubles have been intermitted, and peradventure in some parts impaired; it is agreed by way of Provision, that they shall retain and have their Antient Force and Authority; and that they shall be used on both parts as they were before the War between Elizabeth Queen of England and Philip the Second, according as it was agreed on in the Treaty of Peace made in the Year one thousand six hundred and four, in the two and twentieth Article. And if it happen that either by both parts, or any one part, any breach thereof be alledged, or that the Subjects shall complain, that the Conventions are not observed, or that more grievous burdens than were accustomed, are imposed on them, there shall be Deputies arpointed on either part, which may meet, and calling unto them (if need be) Merchants experienced in such matters, may friendly treat, aud equally renew and restore such things, as shall be found either to have slipped out of course, or to have been changed by the injury of time, or by corrupt custom and use.
- XIX. And for that the rights of Commerce which do ensue by Peace, ought not to be made unfruitful, as they would be, if the Subjects of the most Renowned King of Great Britain, &c. whilst they have recourse to and from the Kingdoms and Dominions of the said King of Spain, and do remain there for Commerce, should be molested in the Cause of Conscience: therefore to the intent their Traffick may be safe and without danger, as well on Land as on Sea, the said most Renowned King of Spain shall take care, and provide, that for the said Cause of Conscience they shall not be molested nor inquieted in using their Trade and Commerce, so as they give not scandal unto others.
- XX. Item, That if it happen any Goods or Merchandizes prohibited to be carried or conveyed out of the Kingdoms and Dominions of the said most Renowned Kings, by the Subjects of the one or of the other; That in such case, the person only offending shall incur punishment, and the Goods only prohibited shall be confiscated.
- XXI. Item, That the Goods of the Subjects, dying within the Kingdoms or Dominions of either, shall be conserved to the right Heirs and Successors of the deceased; the right of a third person alway reserved.
- XXII. Item, That the Grants and Privileges given by the Kings to Merchants of either of the Kingdoms, coming to their said Kingdoms, and which Privileges through the Wars have ceased, shall from henceforth wholly be revived, and have their full force and strength.
- XXIII. Item, if it shall happen hereafter (which God forbid) that any Displeasure do arise, betwixt the said most renowned Kings, the King of Great Britain, and the King of Spain, whereby danger might grow of the interruption of Entercourse and Commerce, then the Subjects of either King are thereof so to be admonished, as that they may have six Months from the time of the Monition to transport their Merchandizes without any Arrest, Disturbance, or Hurt in the mean season, to be done or given unto them either in their Persons or Merchandizes.
- XXIV. Item, That none of the foresaid Kings shall imbarge or stay for their Provision in War, or for any other Service, to the prejudice of the Owners of the Ship of the Subjects of any of the others, being in their Ports, or Waters, unless the King of those Parties to whom the Ships do appertain shall first be admonished thereof, and shall also yield 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 Heirs and Successors, their Vassals, Subjects or Allies comprehended in this League, or of any the Heirs or Successors of those Allies, their Subjects or Vassals; Yet notwithstanding this Peace and Amity shall remain in strength and virtue, and the Attempters and such as do offend therein only, and no other, shall be punished for their Attempts.
- XXVI. Item, That such as have been taken in War, and are Captives on either part, altho they be 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 Ransoms of such as have before agreed for the same, being by them payed.
- XXVII. Item, It is concluded, that all civil Actions, which at the time when the last Wars began, were of validity and force, may yet be exercised and pursued, notwithstanding any lapse of time during the same War, so as no prejudice shall be understood to have grown unto them, during the continuance of the War, those only excepted which are already come to the Exchequer or Princes Treasury.
- XXVIII. Item, If any Controversy happen to be moved in the Kingdoms and Dominions of the one or other of these Kings, by any Person not being subject to the same King, for or upon occasion of any Depredations or Spoils committed; the cause is to be remitted to the Judge of the Jurisdiction under that King against whose Subject or Subjects 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 Spain and his Successors, through the means of the most renowned King of Great Britain; The said most Renowned King of Spain and his Successours, will always willingly hearken unto that which shall be proposed just and reasonable therein; and will desire that by the help of the said most Renowned King of Great Britain, they may be brought to propose equal Conditions, wherein they shall well understand, how much the said King of Spain doth attribute unto the Authority of the said King of Great Britain his loving brother.
- XXX. Item, It is concluded and accorded, that in this present Treaty of Peace; there be comprehended, the Adherents, Friends, and Confederates of the forenamed Kings, That is to say
On the part of the most Renowned King of Great Britain, &c.
Ferdinando, Roman Emperour: with the Arch-Dukes of Austria and the Electors of the Empire, together with the States and Cities of the Empire.
- The Duke of Lorrain.
- The Duke of Savoy.
- The Dukes of Brunswick, Lunenburgh, Wirtemberg, and Meckelburgh.
- The Landgrave of Hessen.
- The Marquess of Baden.
- The Dukes of Pomerania.
- The Prince of Aahalt.
- The Earl of East-Friesland.
- The Cantons of Helvetia, and the Garrisons.
- The Hauns Cities.
- The French King.
- The Kings of Denmark, and of Poland, and of Sweedland.
- The Duke and State of Venice.
- The Duke of Holstein, and the Duke of Florence.
On the part of the most Renowned King of Spain.
Ferdinando, Roman Emperour, and his Brethren, and other Princes, Arch-Dukes of Austria, Princes of the Empire.
The Electors, Cities and States, subject to the Empire.
- The French King.
- The King of Poland and Sweedland.
- The King of Denmark.
- The Duke and State of Venice.
- The Duke of Savoy.
- The Duke of Bavaria.
- The Duke of Cleve.
- The Duke of Holstein.
- The Duke of Lorrain.
- The Duke of Parma and Placentia.
- The Bishop and Province of Liege.
- The Duke of Florence.
- The Duke of Mutine and Regium.
- The Duke of Urbine.
- The Confederates and Cantons of the Helvetians and Grisons.
- The Cities of the Haunse.
- The Earl of East-Friesland (without notwithstanding any prejudice of the right by the King of Spain and Arch-Dukes, pretended for their States.)
- The Duke and Common-wealth of Genoua.
- The Principal of the house of Columna.
- The Prince of Oria.
- The Principal of the house of Ursine.
- The Duke of Sermoneta.
- The Lord of Monacho.
- The Earl of Mirandula.
- The Prince of Massia
- The Earl of Sala, and the Earl 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 Britain, France, and Ireland, &c. and Philip King of Spain, &c. shall sincerely, and faithfully observe and keep, and procure to be observed and kept by their Subjects and Inhabitants, all and singular the Capitulations in this present Treaty accorded and concluded; neither shall they directly, or indirectly infringe the same, or consent that the same, shall be infringed directly or indirectly by any of their Subjects or Inhabitants: and they shall ratifie, authorise and confirm all and singular the Conventions before accorded, and concluded by Letters Patents, Subscribed with their own Hands, and Sealed with their Great Seal, in sufficient, available, and effectual form; and the same so formed and made, shall upon the first occasion deliver, or cause to be delivered faithfully, really, and effectually, whereby they may mutually bind themselves in the word of a King and by Oath to be solemnly taken upon the Holy Evangelists, to observe and perform all and singular the premisses, whensoever 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 soon as conveniently the same may be.