ARTICLES CONCLUDED at Paris the xxiv. of February 1605. stylo Angliae: By Commissioners of the High and Mighty Kings, james by the grace of God King of Great Britain, France, and Ireland, Defender of the Faith, etc. And Henry the Fourth most Christian French King, and King of Navarre, for the more commodious intercourse in traffic between their Subjects. Imprinted at London by Robert Barker, Printer to the Kings most excellent Majesty. 1606. blazon or coat of arms of the British royal family, with a crown above COMMISSIONERS For the King of Great Britain, etc. Sir THOMAS PARRY Knight, Ambassador resident in France. For the French King: Andrew Herald Sieur of Maisse. jean de Thumery Seiur of Boyssise. ARTICLES CONCLUDED AT PARIS the xxiv. of February 1605, by Commissioners of the High and Mighty Kings, JAMES by the grace of God King of GREAT BRITAIN, FRANCE and IRELAND, Defender of the Faith, etc. And HENRY the Fourth most Christian French King, and King of NAVARRE, for the more commodious intercourse in Traffic between their subjects. FIRST, It is agreed, & concluded, that the conventions or Articles contained in this treaty shall not be taken or reputed any way to derogate from the former Treaties; But that the said Treaties shall remain, and be in their first force and virtue, except in those points only in which they are by this present Treaty altered. 2 And for the better increasing, and confirming of the Amity and good Intelligence between the said Princes; It is further agreed, that in all the Provinces, Cities, Ports, and Havens within either of their Kingdoms and Dominions, commandment shall be given, That the subjects of the one and the other Princes respectively be kindly and lovingly entreated, and be suffered freely and safely to exercise Merchandise, and to traffic the one with the other without any offence or molestation; and that they be not hereafter for any cause or occasion whatsoever unjustly vexed contrary to the Laws and Customs of the place unto which they shall resort, or where they shall abide: and the Magistrates and Officers on either part shall be enjoined to see that all the premises be duly observed and executed, as every one of them (where the contrary shall be suffered) will answer in his own proper name, and as a private person, to the party grieved, his expenses, damages and interest. 3 It is likewise agreed and accorded, That all Customs, Taxes, and Impositions which now in either Kingdoms are raised, to the use of the Kings, by their Customers, Farmers, and Deputies (as the conditions of affairs at this time requireth) shallbe continued provisionally until the same may be either abolished or moderated; which both the said Princes will seriously endeavour to effect, as their estates shall permit. And to the end that in the mean time the said Taxes, Customs, and Impositions may on both parts be better known, as also that it may appear, what is to be paid of right, there shall be Tables made and set up in public places, aswell at ROUEN, and other Cities in FRANCE, as at LONDON, and other Cities of GREAT BRITAIN where need shall be, that thereunto recourse may be had, when question or doubt shall arise of any of the said Taxes, Customs, and Impositions in either of the kingdoms. 4 As touching Impositions & Taxes, which are required in some Cities to the particular use and commodity of the said Cities, under pretext of Grants to them made by the Kings and Princes; It is agreed and accorded, that diligent inquiry shall be had thereof, and that the Majors and Eschevins or Sheriffs of the Cities of ROUEN, CANE, and BORDEAUX, and of others to whom it may appertain, shall forthwith deliver up unto the Council of the French King their said Letters and Grants, by pretence whereof they raise and continue such Taxes and Impositions, to the end that the same being seen and viewed, may be canceled, and made void, if they have not been made orderly and upon just causes; and that in the mean season the said Majors and Eschevins or Sheriffs shall be prohibited, to suffer to be taken either more than is due, or any thing otherwise than it ought by the said Grants; neither that they do any way exceed the conditions contained and prescribed in them, upon pain of death, and the payment also of four fold for that which shall be so exacted. The like whereof is to be performed in the City of LONDON, and in other the Cities of GREAT BRITAIN, if it be found that any such thing hath been exacted there. 5 It is also agreed that the Merchants of FRANCE trafficking into ENGLAND shall not be constrained hereafter to give other Caution or Bond than juratorie Caution, or an oath for the sale of their Merchandizes, or for the converting or employing of the moneys growing thereupon into other wares; neither shall they be driven for obtaining of further respite, or for their discharges to other cost or expense in that behalf. 6 Also it is agreed that the French Ships may have free access to the Keys of the City of LONDON and other ports and havens of GREAT BRITAIN, and being there, may lad & unlade their Merchandise, and let their ships to fraught with like liberty, and freedom as the English do in FRANCE, without constraint to unload their Ships or Vessels into others, or without other let or impediment whatsoever: and also that in all other things like liberty, and equality of trade shall be kept, and observed on both parts as much as may be. 7 And because it is impossible to set down in writing a sufficient provision and remedy to every particular grievance, or difficulty which may arise in commerce, and namely in respect of the qualities of Merchandise, which are to be transported to and from the one and other kingdom, as also in respect of the abuse which by the malice, negligence or want of skill of Traders sometimes may be committed; It is agreed that in the City of ROUEN there shall be named and appointed by the Christian King two Merchants of good credit and reputation, being skilful and of good experience, which with two English Merchants of good condition and quality to be named by the Ambassador of the King's Majesty of GREAT BRITAIN etc. residing for the time in FRANCE, shall jointly receive, and hear the complaints and controversies of the Merchants of GREAT BRITAIN that may arise by the Commerce, and traffic either at ROUEN or other Ports and Havens of that Province, and the same they shall forthwith according to equity and right (having a respect to this present Treaty) speedily finish and compose: as also the King's Majesty of GREAT BRITAIN is to name two English Merchants of good reputation and experience, which likewise taking unto them two French Merchants of like quality to be named by the Ambassador of the French King residing in ENGLAND for the time shall do the like, and shall provide speedy remedy to all the complaints which may happen by reason of the said traffic or commerce. And if these four cannot agree, then by mutual assent between themselves they are to choose and take unto them a fift, the same being in ROUEN a French man; in LONDON an Englishman; and so by the consent of the greater number of them the judgement shall pass. And to the end that this office may with better effect be executed, there shall be given unto them on either part Commissions with necessary authority to perform the same: And in case any great difficulty do arise, so as it shall be convenient or necessary to certify either of the Princes thereof, the said Merchants named and appointed in manner aforesaid shall take care to advertise the Council of the Princes respectively thereof, to the end that they may give speedy remedy without loss of time and great charge of expenses. The like order shall be established and observed at BORDEAUX and CANE and other places of Mart, and Market, & Cities in FRANCE, and the same also shall be observed in the Cities of GREAT BRITAIN and IRELAND, that so those Persons which shall be named & appointed to undergo these Offices, in the said places may according to the aforesaid form determine of the complaints and difficulties which may happen by reason of Commerce and traffic between them. 8 And for the better accommodating of the said Merchants trading in the kingdoms and Dominions of either of the said Princes, and for easing the labours and charges of them which are appointed to this Office, so far forth as may be, it is agreed that the said Merchants as well English as French unto whom this authority shall be committed, which hereafter shall be called conservators of Commerce and traffic, shall be named and appointed from year to year, and shall take oath in FRANCE before the Prior and Consuls as well in the City of ROUEN as in the other Cities in which such conservators ought to be appointed, and likewise in LONDON, and in other Cities of GREAT BRITAIN and IRELAND where need shall be, that is to say, that they shall well and faithfully perform this Office and authority committed unto them, and that during the time aforesaid so often as occasion shall require they shall diligently intend this business, & that they shall therein afford their labour freely, requiring nothing of the subjects for that cause, except where the party shall desire a copy of the Acts in writing, in which case the taxation of the said writings shall be made by the said conservators moderately and according to reason. 9 Moreover it is agreed that all excessive fees, wages, charges and smaller duties and payments, which Officers and Ministers of divers places do now exact of the said Merchants, namely Searchers & Waiters, Laders & Vnladers, Packers, Porters, and generally all other such kind of Officers, and public Ministers shall be ordered and moderated by the said conservators, and a reasonable rate of their duties shall be set down which shall be presented to the King's Council in either of the kingdoms, and the same by them being seen and confirmed, shall afterward be published and set up in writing severally in Towns and places accustomed, to the end that the Merchants on either part may be certain and assured of that which ought by them in such case to be paid. 10 Also the said conservators shall inform themselves particularly of the liberties, and privileges which are pretended, and challenged by some Cities to be due unto them and their Inhabitants in the Kingdoms and Dominions of either of the Princes, and they shall likewise inform them of the commodity and incommodity thereof, which being done they are to advertise their Princes on both parts, that by the advice of their Council the same may be moderated according to equity, and reduced to the ancient uses of the said places and Cities. 11 The said conservators shall also have charge to look unto the weights and measures which are in the towns of either of the kingdoms, to the end that there be no fraud, or abuse suffered therein by negligence or deceit of inferior Ministers, and as for the Merchandises brought out of either of the said Princes Kingdoms, or from other places, they shall determine and order, which of them are subject to visitation, and are to be accounted as lawful or unlawful, and which not. 12 And forasmuch as the principal complaint made by the Ambassador of his Majesty of GREAT BRITAIN etc. and by the Merchants of ENGLAND is against an Arrest or judgement given in the Council of the French King, bearing date the one and twentieth of April, in the year of our Lord, one thousand six hundred, containing an Order touching the Workmanship and quality of Woollen clothes to be brought into FRANCE by the English Merchants, especially into the Provinces of NORMANDY, the lesser BRITAIN, and GWYEN; the said French King being desirous to give contentment unto his good brother the King of GREAT BRITAIN, at the instance and motion made for the same divers times by his Ambassador, and being willing also to further the commerce of drapery or Woollen Clothes, (so as no detriment may thereby redound unto the public) is pleased that the said Arrest and judgement be revoked, and doth himself revoke and abrogate the same, and from henceforth dischargeth the Merchants of ENGLAND from the confiscation or forfeiture, imposed as well in the same Arrest, as in all other Arrests and Ordinances made for, and concerning the said drapery or Woollen Clothes, and doth permit and grant unto the said Merchants of ENGLAND, that if any Woollen Clothes hereafter being faulty, and ill made, be brought by them or any of them, to be vented in FRANCE, that they may notwithstanding carry the same back again out of FRANCE. And forasmuch as the said English Merchants, upon the difference, which may grow for the quality and good or ill condition of their Clothes, be much troubled and hindered through loss of time, and the staying of their Clothes to their damages; It is agreed, and accorded, that the said conservators of commerce deputed in manner aforesaid, if at any time such complaint be brought unto them, shall upon due consideration of the making, and of their value, and of the price of the Clothes judge and determine which of them are to be accounted lawful and saleable, and which are to be rejected and sent back, as fault and ill made: in which case, the said French King doth commit the whole consideration, and determination thereof, to the honesty, and conscience of the conservators, and will ratify and allow what they shall do therein, and touching those Clothes which shall be adjudged to be sent back as faulty, nothing shall be hereafter required by his Officers for transporting of them forth of the kingdom. 13 It is further accorded, and concluded, That the liberty and freedom of commerce in transporting of whatsoever Merchandizes, whether they be Manufactures or Wares unwrought, shall according to this Treaty and other precedent Treaties be maintained in both the Kingdoms, and that no restraint or prohibitions shall be made on either side to the contrary: and if any have been made of late, the same shall be revoked, except notwithstanding those Merchandizes which have been in former times prohibited to be brought and transported forth by special Laws and Statutes in either of the Kingdoms: All which kind of Merchandizes, that they may be certainly known, are to be comprehended in writing, and delivered to the said conservators of commerce on either side, and publicly set up in manner aforesaid. 14 Moreover it is agreed, That if there do happen any Ship to go from GREAT BRITAIN into FRANCE, or from FRANCE into GREAT BRITAIN, laden with greater quantity of Merchandise, than for which the Custom and other duties hath been justly paid; in that case the said quantity only shall be subject to confiscation, and the residue of the said Merchandizes shall be freely discharged: Notwithstanding if amongst the said Merchandizes there be found any Wares which by the Statutes and Ordinances of the Kingdom from whence they are to be transported, may not lawfully be carried; in that case, the Ordinances and Statutes of the said Kingdom are to be observed. 15 Likewise it is agreed and accorded, That the Merchants and Inhabitants of the islands of GERNESEY and JERSEY, may freely and safely trade and traffic in the Kingdom of FRANCE, and in the parts thereof, and that they shall have and enjoy the like privileges and liberties there, as the Subjects of the French King do enjoy in the said islands, paying notwithstanding all duties in every place appertaining unto the Princes. 16 The Subjects of his Majesty of GREAT BRITAIN, shall receive in all their causes and suits, ready and expedite justice in FRANCE, and the Officers and Ministers of the Ports of NORMANDY, the lesser BRITAIN and GVYEN, shall be charged kindly and friendly to entertain them. And if any matter of greater moment and importance do arise, the French King inioineth his Council to take upon them the knowledge thereof themselves, or to delegate or appoint judges indifferent, and not suspected; As also the like order shall be taken by his Majesty of GREAT BRITAIN towards the Subjects of the French King, abiding within his Kingdom, and requiring justice there. 17 The Subjects of the French King entering into the Ports of the Kingdom of GREAT BRITAIN, shall not heereeafter pay any thing more for Cockets, than the natural Subjects of the said Kingdom are accustomed to pay. 18 And if it shall happen that any of the Subjects of either of the said Kings, by storm or tempest, or for fear of the enemy, shall be compelled to cast anchor in any Port, Road or Haven, appertaining to the said Kings respectively, they shall not be urged to pay any Custom, or other duties, either at their entrance or departure, for their Merchandizes, so casually brought in. Provided always, that the Master of the Ships, or the Factor of the Merchants, do the same day wherein any such Vessel shall so arrive, or the next day after the arrival, certify the Officers or Customers of the place, to whom it appertaineth, the true occasion of the said arrival, and also that they (being required) shall exhibit their Charter parties, & be enjoined to put forth, and departed from thence so soon as the wind may serve them, or the peril be removed: And if it happen whilst they so remain in the Port, that upon necessity they be compelled to sell their Merchandizes, or any part thereof; then they shall pay to the Customer or Farmers, such duties as are to be answered for, to the quantity only of that which they have sold; and it shall be lawful unto them freely to transport the rest. 19 And the French King being desirous to make it more appear how greatly he esteemeth of the amity of his good Brother, the King's Majesty of GREAT BRITAIN, and his willingness, lovingly and favourably to entreat his said Brothers Subjects, abiding and trading in FRANCE, and how much he favoureth this mutual intercourse and Commerce between their Subjects, although the right of Aubeyne is worthily accounted amongst the most ancient privileges and prerogatives of the Kingdom; nevertheless, he is pleased to permit and grant to the English Merchants and their Procurators or Factors, and to all other the Subjects of the King's Majesty of GREAT BRITAIN, full liberty and right to make their last Wills and Testaments, accordingly; and according to their good liking, to dispose as well living as dying, of their Merchandise, Monies, Debts and of all other their movable goods, which either they have or aught to have, in any the Dominions & places of the said French King; and also that whether they die Testate or Intestate, their Heirs may have and enjoy their goods, etc. according to the Laws of ENGLAND, so as hereafter their goods shall not be held confiscable by the right of Aubeyne. 20 Likewise it is agreed, and accorded, That the Subjects of the French King may in the same manner freely make their Testaments, and according to their pleasure may either at their death, or while they live, dispose of their goods in ENGLAND, SCOTLAND, and IRELAND, and in other the Lands and Dominions of the King's Majesty of GREAT BRITAIN; And that after their deaths, whether they shall die Testate or Intestate, their Heirs either named in the Testament or otherwise succeeding by Law, shall according to the Laws of FRANCE have and enjoy the same goods. Provided nevertheless, that the Wills and Testaments or Rights to succeed ab Intestato, aswell of the Subjects of the French King as also of the King's Majesty of GREAT BRITAIN, shall be lawfully provided in the place where the parties deceased and died, whether the same shall happen in FRANCE, or in the Kingdom of GREAT BRITAIN, or elsewhere within either of their Kingdoms. 21 And until such time that justice may be done in causes of piracy and Depredation pretended to have been committed on the one side or other, for which order shall be taken with as much expedition as may be; It is concluded, that all Letters of Mart and Reprisals, which by either of the Princes before this time have been granted, shallbe suspended; and that the same Reprisals shall not hereafter be executed, until such time as it shall so be determined by decree of the Council of the one and other Prince; and that hereafter no such Letters of Mart or Reprisals shall be granted by any of the said Princes, but that the Ambassador resident in either places shall be first advertised thereof. And also after the same have been deliberately considered on in the Council of the Princes from whom they are to be obtained, and confirmed by the King's Great seal, and together with all other solemnities observed, which are requisite in such cases. 22 It is agreed further, and accorded, That this Treaty shall always be understood according to the propriety and true signification of the words therein contained; and that it shall admit no such interpretation as may in any part let or hinder the force and effect thereof expressed in the plain and simple words; but that all subtility of understanding, which for the most part subverteth the true meaning of the parties being taken away, that which in good faith is done and expressed in this Treaty shall fully and sincerely be accomplished and performed. 23 Last of all, it is agreed and accorded, That this present Treaty shall in all things be firmly and sincerely kept during the continuance of the League and Amity between the said Princes and their Successors. 24 In all and singular which Articles before in this Treaty expressed, and between us the forenamed Deputies covenanted and concluded by virtue of our Commissions, and by the authority therein to us given, whatsoever hath been done, the same wholly shall be understood to be submitted to the will and pleasure of their Majesties. And we the Deputies of the French King have promised, and do promise, That his Majesty will ratify and approve, and by his authority will confirm all and singular the said Articles by Letters patents signed with his hand, and sealed with his Great seal; and that the same shall be verified and approved in the Courts of his Kingdom, where, and when need shall require: The which Letters of Confirmation and Ratification the said French King shall cause to be given and delivered in sufficient and available form, within the space of three months from the day of these presents, unto the Ambassador of the King's Majesty of GREAT BRITAIN, residing with his Christian Majesty in FRANCE, he having sufficient power and authority to receive the same. In like manner, we the aforesaid Ambassador and Deputy of the King's Majesty of GREAT BRITAIN have also promised, and do promise, That whatsoever the said French King is before bound in this Article to accomplish and perform on his part, the King's Majesty of GREAT BRITAIN, etc. will on his part likewise do and perform; and will also ratify and approve this present Treaty within that same time, and in the same form and manner as it is promised, if it so seem good and acceptable to their Majesties on both parts. In testimony of all which things, and of every one of them, we the Commissioners deputed, have every one of us to this present Treaty subscribed with our own hands; and by putting thereunto our seals have confirmed the same. Given at PARIS the xxiv. day of February, in the year from the Nativity of our Lord God 1605.