The Copy of the Articles of Agreement betwixt His Highness Henry of Nassaw Prince of Orange, and the Governor, Burghers, Captains, and Soldiers of the City of Breda, about the surrendering of the said City. Made the 26. of Septem. 6. Octob. Faithfully Translated out of the Dutch Copy. LONDON, Printed by E. P. for Nathaniel Butter, and Nicholas Bourne. 1637. The Copy of the Articles agreed upon, betwixt his Highness the Prince of Orange, and the Governor, Captains and Soldiers within the City of Breda, about the surrendering of the said City. 1 THat the Governor of Breda, and all his military Officers, and Soldiers, of what condition or quality soever, none exempted, although they had forsaken the Service of the Lords, the States general, and betaken themselves to the Cardinal Infant's side, shall march thence without any let or hindrance, with their high and low Arms, bag and baggage, beating of drums, displayed Colours, with their Matches lighted, Bullets in the mouth, as they use to march in war, together with all their Goods, and shall safely be conducted as far as the city of Mechelen TWO The Governor shall have leave to choose immediately 4. pieces of Ordnance, and 2. Mortering pieces, with all their Equipage and Ammunition of war according to his own pleasure and mind, proportioning only to 12. charges for every Canon. III That there shall be Horses and Wagons with their drivers left unto him, sufficient to draw the aforesaid Artillery with their train, to the aforenamed City of Mechlen. IIII That all Munition of war and provision therein, late belonging to the King of Spain, shall be delivered without any fraud or deceit, into the hands of such as are deputed thereunto by his Highness; except such which was sold before the 26. of September. the 6. of October. when the Parley was begun: But that which was sold before, shall remain to the buyer without enquiry after those that have bought it. V That all Officers and Soldiers as are sick and wounded, shall stay in the Hospital or Elder-house so long till they recover again their former health to go to Mechlen, and that then a free Convoy shallbe given unto them to carry their Armour and Baggage. VI That his Highness shall furnish them with Wagons and Horses, as many as the Governor shall desire and need, both for his particular service, as also for all other Officers and Soldiers to carry their Baggage and other Goods as fare as Mechlen; amongst which are comprehended all manner of Weapons, both of the garrison Soldiers, absent, dead, sick, wounded, and of those that ran away; and that the aforenamed Wagons shall not be searched in any wise. VII That such as desire to have their Baggage and Goods carried by water to Mechlen, shall be provided with fitting Bottoms for their conveyance thither through Holland, unless it be any manner of Wares. And that there shall likewise be granted unto them, to send along certain men that may look to the Goods and Baggage, which shall not be searched nor arrested in any places under what pretence soever it may be, but shall pass safely as fare as Mechlen. VIII That the Governor, Captains, Officers, Counsellors of war, and Soldiers taking pay of the King of Spain (aswell Temporal as Spiritual persons, none excepted) as also the widows with their children, which in the afore said city have any Houses, Inheritance or Rents, whether it lie under the States of Brabant in this quarter, or under this city, houses or inheritances of particular Goods, movable or , shall enjoy the time of 2 years after the sealing of this Accord, to transport, sell, remove, or dispose otherwise of their Goods, according to their will and pleasure; and during the time, they shall enjoy their Rents, and the benefits of the hire of their houses, and have the fruits of their Goods, which they expect, or may expect, upon the Conditions agreed of, whatever they be. IX. That the Officers and Soldiers, of what condition or state soever they be, shall have licence to leave their Wives and Children in the City, and that they may, during the time of 2. years, dispose of their Goods movable or , whether they lie within or without the said City, nothing excepted, and that they shall neither be confiscated nor detained from them. X. None of the Officers or Soldiers in person shall be arrested or stayed, whether present or coming for the Rents of their houses where they dwelled, neither their Baggage stayed for any debts, if they depart with the garrison. XI That all the Soldiers which are taken prisoners, aswel by one as byth' other side, of what quality or dignity soever they be, shall be set at liberty without paying of any ransom, but shall ohely pay for their diet according to the taxation of the Quarter: As also Preachers and other prisoners shall go out paying only for their diets. XII That all the Booty which they have gotten before and during the siege, shall not be demanded of them, but be left to them. XIII That after the subscription, and sealing of the Articles of this agreement, the Governor of Breda shall have licence to send un Express to His Highness the Cardinal Infant, with a safe conduct and assecuration to certify him of it, what hath passed during the time of the siege, which the Governor may do the same day when the Accord is subscribed. XIIII The said Conditions being subscribed and sealed, at least a day's respite shall be granted unto the Governor and Soldiers to make themselves ready against their departure; which time being expired, the Governor and Officers of the said garrison shall promise to departed, namely, upon Saturday following, being the 30. of Septem. no of Oct. 1637. XV. The meaning of the former Article is; that none afore the 2. days are expired, shall come out of the City into our Camp, neither that those of our army shall come into the city; and to prevent all disorders, every one shall keep in his trenches and for tisications, except perhaps one side or other should offer to make any approaches, or do any hostility, for the assecuration whereof Hostages shall be given of both sides. XVI. That before the garrison departeth two sufficient Hostages shall be delivered, as pledges for his Highness, the Prince of Orange, who shall march along with the garrison as fare as Mechelen, and that on the other side, two Hostages shall be left by the Governor, so long till the aforesaid Hostages of the Prince of Orange are returned back again with the weapons, and that than his Highness the Prince shall likewise send again the two aforesaid Hostages of the Governor with a safe conduct or convoy, as fare as Mechelen. XVII. That the Officers and Soldiers, and others comprehended in the first article of the aforesaid accord, having any Armour, boats, Shaloopes or other materials of war belonging to particular persons, may sell or transport them, and that they shall not be stayed or any wares or goods, that are bought or are transported upon them. XVIII. And that there shall be no restitution of horses, amongst merchant's wares, movable goods or other wares, which are sold and held for a booty, and that because of them none shall be stayed or detained. Actum in the Camp before Breda, the 27 of September, the 7 of October, 1637. A Copy of the Articles propounded by the Clergy and the Burgermasters, Sheriffs and Senate of the City of Breda, to His Highness the Prince of Orange, Lord and Baron of Breda. His Highness having seen and examined the Articles, here standing by hath declared himself upon it in this manner. I THat all faults, Hostilities and misdeeds, how great and of what quality soever they may be (without exception of any person, Churchman, or Layman; of the aforesaid City, committed by them either present or absent; whether it be in general or particular) shall fully be forgotten and pardoned, as if they never had been done or committed. I THis Article is agreed upon, if so be that all the persons mentioned in it do behave themselves hereafter, as they ought to do. TWO That in the aforesaid City of Breda, now and ever hereafter be granted free and open exercise of the Roman Catholic Religion in the great Church, in the Cloisters and Nunneries; as it hath been those 12. years last passed in that manner: That no man of what quality soever he be, whether Civil or Military, shall undertake to offer or do any hindrance, obstacle or scandal in the Church or in the street; whether in words or deeds upon pain of arbitrary correction. TWO That two Cloisters of Nuns and Bagynes shall be maintained in the same manner, as they have been before the year 1625. in the time of the government of the Lords States General. III That the Magistrate shall be chosen out of all persons, indifferently as well of the Roman Catholic, as reformed Religion. III That the Magistrate shall be chosen of the best qualified persons of the City according to the privileges and Laws of Brabant, and of the aforesaid City of Breda. IIII That the Lords of the Chapter with their Subprovosts, Provost and Nunnery of Saint Catharine Dale, the Pastor, the College of the Society of JESUS, the Convents of the Patres Capucyns, and Minorites, and all other spiritual persons, of what state or order soever they be; which afore the date of those Articles have been accepted and placed, shall continue in a peaceable possession of all manner of goods, Rents, gifts, Tithes, privileges and Revenues whatsoever they be; as well within as without the v City without exception to place new ones, or surrogate others: but possess them in the same manner as they all and every one keep, possess and use them now without any let, hindrance, or harm: and if any Canons, places or Benefices shall come to be void, they shall be given to the Roman catholics, according to the foundations and ancient Statutes. IIII That all Spiritual persons may have the benefit & use of their goods, and administrate them, in the same manner as they have done before the year 1625. Those that depart out of the City shall freely take along with them their goods and movables, as also, if they be houses or lands, they may sell them like the Citizens. V The yearly revenues of the goods and lands of the Orphane-house in the aforesaid City, Whether it be by inheritance or donation; which it hath already attained, or shall attain unto hereafter, whether it be by service, gift, purchase, or any otherwise, shall be divided prorato and proportionally, that the poor children, of what Religion soever they be found; shall likewise have their Masters and dwellings apart: And goods, alms and collections from the Hospital or Almshouse called the Holy-Ghost, shall be administered and divided by persons amongst the poor, without regard of what Religion they are, as it hath been done hitherto. V That the goods, Collections, Alms of the respective poor houses nominated in this Article, shall be used and administered, as they have been before the year 1625. without regard to the Religion of the persons, which are employed in that behalf. VI That the City of Breda and all its Inhabitants shall continue all their privileges and liberties, and that no further burdens shall be laid upon them, than there have been from the year 1590. till unto the year 1625. so long as the City was under the government of the united Netherlands: and being their City by this siege is exceedingly ruinated, they desire, that they might be free of the Licents' for 3. years to recover themselves again. VI His Highness grants this Article, but what concerns the point of the Licents', He will recommend it in the best manner to the Lords States General. VII That all the Citizens and Inhabitants of the aforesaid City, whether present or absent, of what quality soever they be, whether they have been in service of the King of Spain or no, may freely according to this treaty departed and go wheresoever they please with their whole family and movable goods, and papers; or that they may continue in their dwelling places in the aforesaid City, during the space of a set time, that within that space they may resolve, whether they will stay and dwell there longer or no; and that during the said time they may safely and freely travail up and down in the Country, as well to provide where to pitch their dwelling places, as for their particular affairs and business for the space of 4. years, and if in the end of the set time they intent to departed, they may likewise do it freely with their Wives, Children and goods according as they please by water or land without paying of customs, Licents' or searching of the Ships; although one or other had done any public service in the aforenamed 4. years; and they shall have leave to dispose of all their goods, sell them, transport them, or appoint others to receive and administer them, as they think fittest: and if it come to pass that they die, whether it be within or without the City, whether He make his last will or no, the said goods are to belong to the lawful heirs, or their next friends ab intestato respectiuè and they may carry away all their movable goods, merchants wares and other goods, as they think best without requiring any other Pass then this present treaty: and those that go into Neutral Countries, if they please, they may return back again into the City to dwell there without desiring of any further consent. VII His Highness granteth this Petition for the space of three years in particular, also for the fugitives, with condition; that those which intent to go into Neutral places, or into the flat Country, and afterwards will return again into the City, they shall be bound to do it with a precedent knowledge of His Highness or of the Governor. VIII That those, which for their particular affairs will go into the Countries and Cities under the King of Spain, may have leave to do it during the time of the aforesaid 4. years, as often as they please, and may always return again into the said City to stay and to dwell there, or to departed as aforesaid. VIII They may departed, during the time of three years into the enemy's Countries or Cities; and may return again into Breda, yet not without a precedent consent of the Governor. IX In the aforesaid contract shall be comprehended all Citizens and Inhabitants of the aforesaid City, which are absent, as also all Pastors and spiritual persons, which are fled into the City; as also the Inhabitants which are fled from the Country into the City, which by virtue of this Contract may freely return to their Villages and dwellings, or stay in the City the aforesaid 4. years, according as they please: and the Pastors of the Barony of Breda present or absent, and their successors may exercise again in their Parish Churches their pastoral services, and keep the revenues, as they had before the Retorsion. IX This Article is granted so fare, what concerns the Citizens, but the Pastors and other Spiritual persons mentioned in this Article, may well departed out of the City, but regulate themselves according to the Patents of Retorsion published by the Lords States. X That all the Sentences given by the Magistrate of the aforesaid City, and by the Head-Bench, whereof nothing was yet reform, shall remain in their full force; as also all contracts made before and in the time of the siege howsoever they be. X This Article is granted as it stands. XI That all the perfected accounts of the City, as also all others that are done by the Magistrate, shall remain entire and stand in force. XI This Article is likewise granted as it stands, if so be that all Charters, Registers and Papers, Feods, Dominions, as also others, whether they be spiritual or temporal goods, concerning His Highness, be put into the hands of those, that His Highness shall appoint. XII That those which have Rents or debts depending upon the City, shall yearly be paid without abatement, or otherwise avoiding them. XII This in like manner. XIII That the City of Breda shall not be bound to make, repair and support the Walls, Forts, Gates, Bridges, Corpse de guards, and other Fortifications and Works; they having been freed of it these last 12. years under the King of Spain. XIII Those of the City of Breda shall behave themselves in this as they have before the year 1625. XIIII That the Soldier and Garrison, which shall be laid into the said City; as well foot as horse, or shall be lodged into the Baruques, or in any other manner, shall not be burdensome to the City or the Citizens: and if so be that any Soldier should be Billeted in the Citizen's houses, they shall be paid for their services. XIIII The Soldiers shall be Billeted like as in other Cities of the united Provinces is done. Actum in the Camp before Breda, the 7. of October, 1637. FINIS. Hampt. court 15. of Octob. 1637. These Articles of Breda may be Printed. R. WECHERLIN.