ARTICLES OF A TREATY OF TRUCE. Made and concluded in the Town and C●●tie of ANTWERP, the 9 of April 1609. between the Commissioners of the most Excellent Princes, Archdukes ALBERT and ISABELLA CLARA EUGENIA, as well in the name of the Catholic KING'S Majesty, as in their own. Together with the Commissioners and Deputies the renowned LORDS, the Estates General of the United Provinces of the Low-countryes': and that through the mediation and with the advice of the Lords Ambassadors of the most Christian Kings, and of Great BRITAIN. AT THE HAGUE By Hillebrant jacobz, Printer ordinary to the Lords the State's General of the United Provinces of the Low-countreyes. LONDON Printed for GEORGE POTTER and NICHOLAS BROWN and are to be sold at his Shop under the Royal Exchange. 1609. To the Reader. SO it is, that the most excellent Princes, Archduke Albert and Isabella Clara Eugenia, etc. having upon the four & twenty of April, 1607. made a Truce and Cessation of Arms, for eight months, with the most renowned Lords the general Estates of the united Provinces of the Low-Countries in quality, and as holding them for free Estates, Provinces and Countries; over the which, they pretend no authority: The which Truce ought to be ratified with like declaration, by the Catholic King's Majesty, for so much as might concern him; and the said ratifications and declarations delivered to the said Lords Estates, three months after the said Truce, as it is passed by Letters Patents of the eighteenth of September the said year: And further, giveth a special procuration to the said Lords Archdukes, of the tenth of januarie 1608. aswell in his name as in their own, to do all that they shall judge to be fit and convenient, to attain to a good Peace or Truce for many years. By virtue of which procuration, the said Lords Archdukes should also by their letters of Commission, of the 27. of the same month name and depute Commissioners, for to confer and entreat in the said names and qualities: and hereupon have consented and agreed, that the said Truce should be prolonged and continued at sundry times: namely, the 20. of May, unto the end of the said year 1608. But after they had assembled themselves divers times with the deputies of the said Lords Estates, who had also procuration & Commission from them, dated the 5. of February of the said year: they could not come to agree of the said Peace, for many great difficulties happening among them: For which cause, the Lords Ambassadors of the most Christian Kings, and of great Britain, of the Prince's electors Palatine and Brandenburg, Marquis of Ansbach, and Landgrave of Hessen, sent thither on the behalf of the said Lords, Kings and Princes, to the aid, and furtherance of so good a work: seeing that they were ready to departed and to break off all Treaty; did propose a Truce for many years, on certain conditions contained in a writing, by them delivered to both parties, with entreaty and exhortation to agree thereunto. Upon the which writing, many other difficulties likewise happening. In the end, this ninth day of April, in the year 1609. there assembled Signior Ambrosio Spinola, Marques de Benafro, Knight of the order of the Golden Fleece, Counsellor of Estate, and of the Wars to his Catholic Majesty, Master of the Camp, General of his Armies: and Signior john Richardot Knight, Lord of Barby, Counsellor of Estate, and chief Precedent of their Highness' privy Counsel: john de Mancicidor, of the Counsel of war, and Secretary to his said Catholic Majesty. The reverend father friar john Neyen, Commissioner general of the order of Saint Francis in the Low-Countries: and Signior Joys Verreyken Knight, Master of the requests and chief Secretary to their Highnesses, etc. By virtue of the letters of procuration from the said Lords Archdukes, to treat as well in their names, as in the name of the Lord King Catholic; the tenor of which procuration is hereafter inserted: with the like also of the said Kings on the one part, and Signior Joys Earl of Nassaw, Catzenellebogen, Vyanden Dietz etc. Lord of Bilsteyn, Governor and Captain general of Freeze, the City of Groeningen and Ommelanden Drente, etc. Signior Walrauen Lord of Bredero, Vianen, viscount of Vtrecht, L. of Ameyden, Cloetengen, etc. The L. Cornelius of Gendt, Lord of Loeven and Meynerswick, Viscount & judge of the Empire, and of the City of Nuninegen: Seig. jehan of Oldenbarneuelt Knight, Lord of Cimpell, Rodenris, etc. Advocate and keeper of the great Seal, Charters and Registers of Holland and West-Frizeland: Signior jaques of Malderee Knight, Lord of Heyes, etc. The chief, and representing the Nobility of the Estates and Counsel of the county of Zealand; the Lords Girard de Renesse, Lord Ʋander Aa. of Streeffkirck Niew Lecker landt, etc. jellius Hillena Doctor of the laws, Counsellor ordinary of the Counsel of Freeze: john Sloeten Lord of Sallicq, Drossart of the County of Vellenhoo, and Steward of the signory of Claunder, & Abel Coenders of Helpen, Lord In Faien and Cantes, in the name of the said Lords Estates, as also by virtue of their Letters of procurations and Commission hereafter likewise inserted on the other part; who together with the mediation and advise of Lord john Charles Baron of Chagnie, and Monyeu Counsellor of Estate to the most christian King, and his Ambassador extraordinary, with the said lords Estates. And the Lord Elias de la Place Knight, lord of Russy, Viscount of Marchault, Counsellor also in the said Counsel of Estate, Gentleman in ordinary of the said Lord, the king's chamber, Bailiff and Captain of Vitry le Francois and his ordinary Ambassador, with the said lords, the estates. Sir Richard Spencer knight, Gentleman in ordinary, of the king of great britains privy chamber, and his Ambassador extraordinary, unto the said Lords the Estates, and Sir Ralph Winwood knight Ambassador ordinary, and Counsellor to the said king in his Counsel of estate, in the united Provinces, have accorded and agreed, in the manner and form following. ARTICLES OF TRUCE. Made in the City of ANTWERP, the 9 of April 1609. between the Commissioners of the most Excellent Princes, Archdukes ALBERT and ISABELLA CLARA EUGENIA, and the Estates General of the United PROVINCES ●f the LOW-COUNTRYES. FIrst, the said Archdukes and Duchess signify and declare, not only in their own Names, but also in the Name of the King of Spain, that they are well pleased and content to enter into Treaty with the Estates General of the United Provinces in quality, and as holding, accounting and esteeming them to be free Countries, Provinces and Estates, whereunto they pretend not any Right or Title of Sovereignty, and in the Names and qualities aforesaid, at this present to make a Truce with them, upon such Articles and Conditions as hereafter ensueth. II. That is, that the said Truce shall be good Firm, Loyal and Inviolable, and shall continue and endure for the space of Twelve years, and that during the said time, there shall be an abstinence and discontinuance, and ceasing from all Acts of Hostility in any manner and fashion whatsoever, between the said King of Spain, the Archduke and Duchess and the State's General, as well by Sea and in all other Waters and Rivers, as by Land in all Kingdoms, Countries, Lands and Signiories, and between all their Subjects and Inhabitants, of what quality or condition so ever they be, without exception of place or Persons. III. That either Side shall possess, and effectually enjoy all those Countries, Towns, Places, Lands, and Signiories, which they at this present hold, possess and enjoy, without any trouble, molestation, or contradiction whatsoever, during the continuance of the said Truce, wherein it is intended and to be understood, that the Boroughs, Villages, Hamlets, and plain Countries thereunto depending, shall be comprehended. FOUR That the Subjects and Inhabitants of the said Countries, belonging unto the aforesaid King, Archdukes, and States, shall have and use all manner of good correspondence, and amity one with the other, during the time of the said Truce, without calling to mind, or remembering any of the offences, hurts, and damages, that they or any of them have received, had, and endured in the forepast Wars, and troublesome times, and shall and may freely frequent, inhabit, and dwell in each others Countries, and there use and exercise their Trades, and traffic of Merchandizes, with all security, both by Sea, and in other Rivers and waters, and also by Land: which nevertheless the said King of Spain understandeth to be restrained and limited unto the Kingdoms, Countries, Lands, and Seignories, which he holdeth and possesseth in Europe, and in other places & seas, where the subjects of the Kings and Princes that are his Friends and Allies, have the said free traffic: and touching the Places, Towns, Ports, and Havens, which he holdeth out of the Limits aforesaid, that the said States and their subjects, shall nor may not use any trade or traffic there, without the licence and express permission of the said King: notwithstanding, they shall and may freely trade and traffic (if they think it good) in the Countries of all other Princes, Potentates, and People, that shall or will permit, suffer, and grant them leave, and that without the said Limits, without any let, trouble or impeachment (of the said King, his Officers and Subjects, that depend on him) for that cause given, unto the said Princes, Potentates, and People, which have permitted, or hereafter shall permit, suffer and grant it unto them: nor unto them of any of them in general or particular, with whom they have heretofore trafficked, or hereafter shall traffic. V And for that it is requisite that a reasonable long time should be granted and set down, wherein to advertise those, that are out of the said Limits with Ships and martial Forces, to desist and abstain from all acts of hostility; It is agreed and concluded, that the Truce aforesaid shall not begin till this day twelve month: always provided, that if notice of the said Truce may sooner be sent unto them, that from that time forth all Acts of hostility shall cease, but if after the space of one year, any act of hostility shall there be used and committed, the damages done and received thereby, shall be restored again without any remission. VI That the Subjects and Inhabitants of the Countries of the said King, Archdukes, and States, trading and trafficking mutually in each others Countries, shall not be bound to pay greater customs, rights and impositions, than the natural subjects of the said Countries, and of their friends and allies, that shall in that point be least charged and burdened. VII. That the Subjects and Inhabitants of the States in the united Provinces, shall have the same security and liberty in the Countries of the said King and the Archdukes, that hath been granted unto the Subjects of the King of great Britain, by the last Treaty of Peace, and secret Articles made and concluded with the Constable of Castille. VIII. That the Merchants, Masters of ships, Pilots, Sailors, Ships, Merchandises, Money, and other goods belonging unto them, shall not be seized upon nor arrested, by virtue of any Mandament or Commission general or particular, nor for any cause concerning the wars, or otherwise, neither yet under any pretence of using them or any of them for the conservation and defence of the Countries on either side. Nevertheless it is to be understood, that Seasures and Arrests made by the ordinary ways of Law, and justice, for Debts, Obligations and contracts depending thereon, whereby the said Seasures and Arrests have been made, shall not be comprehended herein, but that touching them, they shall be proceeded in according to the ordinary customs of Law and reason. IX. And touching Trade and Traffic in the Netherlands, and the Taxes and Impositions that shall be taken and Levied upon Wares and Merchandises, if hereafter it shall be found that they are excessive great and intolerable, and that thereby some hindrance may grow unto the Subjects of the said Countries, upon the first motion and request made by the one, or the other part, certain Committees shall be appointed to order and moderate the same, by common consent, if it may be done. And yet nevertheless, without any breach of the Truce, although they cannot agree upon the same. X. If any sentences or judgements shall have been given upon, or against any person on either side, (not excepted) either in civil or criminal causes, they shall not be executed upon the persons or goods of the parties condemned, during the time of the said Truce. XI. That no letters of Mart, and reprisal shall be granted or given out, during the said time, without good cause known, and in such cases wherein it is permitted to be done, by the imperial laws and Constitutions, and according to the Orders established and appointed by them. XII. That it shall not be lawful to arrive, enter nor stay in any Port, Haven, Place or Roade in the country on either side, with Ships, or such numbers of Soldiers as may breed any cause of suspicion, without the leave and permission of him or them, to whom the said Ports, Havens, Places and Roads shall belong and appertain, unless they be forced to do it by tempests, or of mere necessity, to avoid the danger of the Seas. XIII. That they, whose goods and lands have been seized upon and confiscated by means of the wars, or their heirs, having good cause, shall enjoy their said goods during the said truce; and shall enter and take possession thereof, by their own private authority, and by virtue of this present Treaty, without any recourse unto Law or justice: Notwithstanding, any Incorporations, Confiscations, Mortgages, Gifts, Contracts, Articles of agreement and transportations, or any renunciations made in the said transportations, thereby to exclude any part of the said lands and goods, from them to whom they ought to appertain; upon charge and condition, nevertheless, that they neither shall nor may dispose thereof, nor yet raise nor diminish the rents of the same, during the time that they shall enjoy and possess them, without licence and permission first had, and obtained from the said Archdukes or the States. XIIII. Which also shall take place for, and to the profit of the heir of the Prince of Orange deceased: namely, touching the rights which they pretend to have in the salt ponds, in the County of Bourgoigne, which shall be permitted and quietly left unto them; together with the Woods belonging to the same. And touching the Process concerning Chastelbelin, begun in the life time of the said Prince of Orange deceased, in the Court of Madrynes, against the King of Spain's Attorney general; the said Archdukes faithfully promise, to cause justice to be done therein, within the space of one year next ensuing, after the pursuit by them to be made, without any delay, and with all sincerity and right. XV. If the fiscal on either side, shall have sold any goods or lands confiscated; they, to whom they ought to appertain, by virtue of this present Treaty, shall be bound to content themselves with the interest of the price thereof, according to the last seizure, which shall be paid unto them yearly during the Truce, by them that hold and possess the same, or else it shall be lawful for them to address themselves unto the Heritage itself that hath been sold. XVI. But if the said Sales have been made by order of Law and justice, for, and in consideration of the Truce, and lawful debts of those, to whom the said lands and goods did appertain before the confiscation made, it shall be lawful for them, or their heirs upon occasion offered, to redeem them, paying the sum for the which they were sold, within one years time from the day of this present Treaty: after the which time, they shall not be permitted to do it; and the said redemption having been made by them, they may dispose thereof as they shall think good, without seeking after any other licence or permission. XVII. Nevertheless, it is not understood that this redemption shall tend unto, or concern such houses as are situated in towns, and sold for that cause, in regard of the great discommodities & notable damages that the possessors thereof shall thereby reap, by means of the alterations and reparations that they may have made and done, in, and unto the said houses, whereof the liquidation would be over long and difficult. XVIII. Touching the reparations and alterations, made in, and upon other lands and goods sold, which are permitted to be reduced, if there be any such pretence made and called in question; the ordinary judges shall do each party right and equity, according to the indifferency of the cause, the Inheritances remaining to the owners that sue for the same; for the sum whereunto the reparations or alterations shall be prised, without any right of holding or keeping of possession (to be permitted unto those that shall have bought them) until they shall be paid and fully satisfied therein. XIX. If any fortifications or public works have been made on either part with permission and authority of the superiors, in such places where restitution ought to be made by this present Treaty; the proprietaries thereof shall content themselves with the estimation and valuation that shall be made thereof, by the ordinary judges, both of the said places, and also of the jurisdiction that they had therein, until the parties themselves can otherwise agree thereon. XX. Touching the lands and goods of Churches, Colleges, and other spiritual places, within the united Provinces, that were members depending upon, and belonging unto the Churches, Benefices and Colleges, that are under the obedience of the Archduke, which have not been sold before the first of january 1607. shall be restored unto them again; and they shall enter into, and possess the same by their own private authority, without any officer of justice, and shall enjoy the same during the said Truce, & yet without disposing thereof as aforesaid; but such lands and goods as have been sold before the said time, or given in payment by the States of any of the Provinces; the rent of the value thereof, shall be paid them every year, according to the last seizure, by the Province that shall have made the said sale, and given or assigned the said goods in payment as aforesaid, so that they may be assured thereof. The like shall be done and observed on the part and behalf of the said Archdukes. XXI. Those to whom the goods and lands confiscated aught to be restored, shall not be bound to pay the arrearages of rents, charges and duties, specially imposed and reserved upon the said lands and goods, for the time that they enjoyed not the same; and if they be sued, molested or troubled for the same, on either part, they shall be freely acquitted and absolved thereof. XXII. No pretence of any payment shall be made, touching hedging or ditching of the Lands sold, or to be redeemed, but only for such conditions or customs, as were anciently accustomed to be used and observed, whereunto the Possessors are bound, by the Articles of agreement made thereupon, with the interests of the money payable at the entry into possession, if any have been given, by reason of the last seizure, as aforesaid. XXIII. judgements given touching lands and goods confiscated, against such parties as have obeyed the judges, and have been lawfully excepted, shall be held for good and lawful, wherein such as are condemned, shall not be permitted or allowed any appeal, but only by ordinary means. XXIIII. The said Archdukes, and the States, either of them for their parts, shall appoint Officers and Magistrates to administer law and justice in the Towns, and strong Holds, which by this present Treaty, are to be yielded up, unto such as owe them, to enjoy them according to the Truce. XXV. Such movable goods and fruits as are and have been confiscated before the conclusion of this present Treaty, shall not be subject unto restitution. XXVI. Such actions or suits, as have been remitted by the said Archdukes or the States, for the profit of particular debtors, before the first of januarie 1607. shall be disannulled on both sides. XXVII. The time that hath past since the beginning of the wars, from the year of our Lord 1567. until this present year, shall not be reckoned to induce any prescription, between such persons as were of divers parties. XXVIII. Those that withdrew themselves into neuter Countries, during the wars, shall also enjoy the benefit of this Truce, and may dwell and inhabit where they shall think good, and return again unto their ancient habitations, there to dwell and continue in all security, observing the laws of the Country, and no occasion of dwelling in any place, where they shall think good, shall be any cause, why their goods shall or may be confiscated, or seized upon, nor they shall not in that case be deprived of the enjoying thereof. XXIX. No new Forts shall be made during the said Truce, within the Low Countries, neither on the one side nor the other. XXX. The Lords of the House of Nassaw, shall not be pursued, or yet molested, during the said Truce, neither in their persons, goods nor lands, for any debts made by the said Prince of Orange deceased, from the year of our Lord, 1567. until the day of his death, nor yet of the arrearages happened and fallen out, during the seizing and withholding of the lands and goods that were chargeable for the same. XXXI. If there be any preventions of the Truce made by any particular persons, without the commandment or permission of the said King, Archdukes, or States, the damages shall be recovered in the same place, where the said Preventions have been made, if the parties be found therein, or else in the place where they shall dwell, without any pursuit elsewhere to be made against them, either in their bodies or goods, in any sort whatsoever: neither shall it be lawful for them to enter into arms, or to break the Truce for that occasion, but they shall be permitted (if it be manifestly proved that justice shall in that case be denied) to remedy themselves, as the manner is, by letters of mart or reprisals. XXXII. All disinheritings and dispositions made of lands in hatred and despite of the whore, are hereby declared void, and utterly frustrated. XXXIII. The Subjects and Inhabitants of the Countries of the said Archdukes, and the States, of what state and condition soever they be, are hereby declared capable to be heirs and successors one unto the other, both by testament, and also ab intestato, according to the customs of the places: and if any Successions did heretofore fall and escheat unto any of them, they shall be maintained and conserved. XXXIIII. All Prisoners of the wars, shall be delivered on both Sides, without paying any ransoms. XXXV. And to the end that this present Treaty shall the better be observed and kept, The said King of Spain, the Archdukes, and the States do particularly promise, to uphold and maintain the same, and each of them to use all the means they can to make all the passages Free, and to cause the Seas and Rivers within the Land to be kept free and Navigable, against the incursions of mutinous Persons, Pirates, Cursaries and thieves, and that if they can apprehend and take them, to cause them to be rigorously punished according to their deserts. XXXVI. They do also promise, to do nothing contrary, or to the prejudice of this present Treaty, nor to suffer the same to be done directly or indirectly in my wife whatsoever, and that if any such thing be done, to cause it to be amended and recompensed; without any difficulty or delay. And for the observation of all the former Articles, the said King of Spain and the Archdukes and their Successors, bind themselves particularly, and for the more and better assurance of their said Obligations and promises, they renounce all Laws, Customs and things whatsoever contrary to the same. XXXVII. That this present Treaty shall be ratified, and approved by the said Kings, the Archdukes and the States, and the Letters of ratification made by the said Archdukes and the States, to be delivered by the one unto the other, in good and due form, within four days next ensuing. And touching the ratification to be made by then said King of Spain, The said Archdukes have promised, and are bound, to give and deliver it unto the said States, within three Months in good and due form, to the end that the said States, and their Subjects and Inhabitants, may effectually enjoy the fruits of this present Treaty with all security. XXXVIII. That the said Treaty shall be published in all places, where it is usually to be Proclaimed, presently after the ratification made by the said Archdukes and the States, and that presently and from henceforth all Acts of Hostility shall cease. FINIS.