The articles and conditions of the perpetuall 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 Munster.

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The articles and conditions of the perpetuall 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 Munster.
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[London] :: Printed at Rotterdam by Haest van Voortganck, printer of the Articles of the Peace, 1648. And reprinted at London by Robert White,
1648.
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Subject terms
Netherlands -- Foreign relations -- Spain
Spain -- Foreign relations -- Netherlands
Netherlands -- History
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"The articles and conditions of the perpetuall 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 Munster." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/a90643.0001.001. University of Michigan Library Digital Collections. Accessed June 5, 2024.

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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, Provin∣ces, and lands, of and against whom, nor their associated coun∣tries, cityes, and lands, the said Lord the King doth not pre∣tend any thing, nor now, nor hereafter, for himselfe, his succes∣sours, 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 infran∣gible, 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 Domini∣ons, 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, ci∣ties, places, lands, and dominions, which they do at present en∣joy, without therein to be troubled or hindred directly nor indi∣rectly, in what manner soever it be, wherein is understood to comprehend the villages, towns, high-lands, & low-lands depen∣ding thereon: and in the sequell thereof, the whole Maioralty of Busse, as also the Lordships, cities, castles, villages, townes,

Page 4

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, ex∣cept the said Forts, shall remain to the King of Spaine: for what concerns the free Quarters of Over-mase: to wit, Valcken∣burge, Dalen, and S'Hertogenrade: they shall remain in the con∣dition 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 toge∣ther, 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 compa∣ny 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

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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 Inhabi∣tants 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 Inhabi∣tants 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

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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 conti∣nuance to be agreed to the West-Indie Company, that the peace there shall not begin till a halfe year after date as above. Provi∣ded, 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 Im∣post 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 Provin∣ces, or to charge them with more or above his own Subjects.

9. The said Lords, the King, and States, may not receive any du∣ties 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.

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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 Com∣mand 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 condi∣tion that from the said day forwards, the States of Zealand re∣ciprocally 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 ow∣ners 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 admit∣ted, 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 territo∣ries 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

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the behalfe of the Subjects and Inhabitants of the United Nether∣lands; 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, Ma∣riners, 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 bo∣dyes 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, ge∣nerall 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

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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 e∣quall, 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 Com∣mission 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 per∣formance 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 plain∣ly 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 or∣dinary 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 bu∣sinesse, and in such matters for which it is permitted by the Impe∣riall lawes, and constitutions, and according unto the order thereby made.

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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, with∣out the leave and permission of those under whom the said Ha∣vens, 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 there∣in, 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

Page 11

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 what∣soever 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 conclu∣sion 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

Page 12

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 Sub∣jects 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 con∣tent 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 re∣deemed, or the principall thereof, by & in the name of the respe∣ctive Fiscals letters patents, shall be granted to the use of the ow∣ners, 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 them∣selves, paying the price within a year to be accounted from the

Page 13

day of this present Treaty, after which time they shall not be any more receiveable for it, and the said allowance and sale be∣ing 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 busi∣nesse; the Lands and inheritances remaining morgaged for the summe whereunto the amendments shall be liquidated, with∣out 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 immo∣veables, 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 In∣terests, 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 re∣maine to the owners, notwithstanding any sale made, and with∣out being bound to pay any price.

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37. The Interests, hvre, Farmes, and revenewes of the Domini∣ons, Countries, Tithes, Fishponds, houses, rents, and other re∣venewes of goods, which according to the Treaty must be re∣stored, due from the day of the conclusion of this reaty, shall come to the proprietors, their heyres, or such as have their acti∣on, 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 ex∣pire with the yeare from the conclusion of this Treaty, accord∣ing to the use of the severall places where the said goods are si∣tuate, and the hyre shall end from the day of the end of the Treaty, and shall be made good and paid to the owners, provid∣ed, 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 con∣clusion 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 hap∣pen 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 re∣stored, the owners of them shall be bound to content them∣selves

Page 15

with the value which shall be made thereof by the ordi∣nary Judges, aswell of the said places, as of the Jurisdiction they are under, except the parties agree amongst themselves a∣bout 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 gi∣ven 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 pos∣session 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 re∣maine in full property to the said Lord Prince, and his successors, or who have his right, without that any thing can be pretend∣ed to the said goods, by vertue of any Articles of this present Treaty.

45. Those to whom the confiscated goods must be restored, shall

Page 16

not be bound to pay the arrerages of rents, and charges annual∣ly 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 Inte∣rests 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 a∣greed 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 wri∣tings, 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 ge∣nerall, or each of them in particular were word for word in∣serted 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 deroga∣ted 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 execu∣tion 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 Inte∣rests of the moneys furnished, if any have been given, also after the rate of the 16.th penny as above.

Page 17

48. Sentences given for goods and rights confiscated, with parties which have knowne the Judges, and have been legally defend∣ed, 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 So∣veraignes of the said City of Grave, and land of Cuyck, in se∣quell 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 pro∣perty of the said City, and land of Cuyck, with all its aperte∣nances and dependencies.

50. The said Lord the King doth also acquit and renounce, all and every the rights and pretences, either of propriety, Assigne∣ment, or otherwise, which he may in any manner pretend to the City, County, or Dominion of Lingen, and foure Karts∣spelen, and other rights belonging thereunto, as also to the Cities and Dominions of Bevergard and Kloppenburg, and o∣ther 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 be∣tween 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,

Page 18

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 administra∣tion 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 Cham∣ber, 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 with∣in 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 debt∣ors, 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 ac∣counted, for to wrong, or otherwise to prejudice any one thereby.

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57. Those who during the warre, are gone into Neutrall Coun∣tries, shall enjoy the fruits of this present Treaty, and may dwell where they shall please, yea returne to their old dwel∣ling places, for to live there with all security, observing the Lawes of the Countries, without that by reason of their dwel∣ling (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, nei∣ther 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 contract∣ed by the late Lord Prince of Orange, since the yeare 1567 untill his death, nor for the Interests fallen due during the sea∣zure and sequestring of the goods which were charged there∣with.

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 ve∣ry 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 what∣soever 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 let∣ters 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 disinheri∣tances 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

Page 20

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 Nether∣lands, 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 regula∣ted and determined by those who on both sides have the su∣perintendance of the contributions.

65. Whatsoever during the Treaty hath been propounded, or al∣ledged 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 King∣domes 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 Ar∣ticle 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.

Page 21

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 Pro∣vinces, 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, Exche∣quer, 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 par∣ticular 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 ratificati∣ons, or within three monthes after, shall be named on both sides, within which time the said Lord the King shall nominate whom

Page 22

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 restitu∣tion 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 for∣tifications made since the possessing of the said house.

74. Concerning what was treated and agreed on between the Ex∣traordinary Ambassadours and Plenipotentiaries of the said Lord the King, and States, on the eighth of December 1646. concer∣ning 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 pre∣mises,

Page 23

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 reci∣procall 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.

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