Die jovis 2 Junii. 1642. WHereas it doth appear to the Lords and Commons in Parliament, That the King, seduced by wicked Counsel, doth intent to levy War against his Parliament; and whereas information hath been given; That the jewels of the Crown (which by the law of the land ought not to be alienated) are either pawned or sold in Amsterdam, or some other parts beyond the Seas, and thereby great Sums of money provided to be returned to York, or to some of his Majesty's Servants or Agents for His Majesty's use: And whereas 'tis more than probable, That this great Provision of Monies in such an extraordinary way, is to maintain this intended war, and thereby to bring the whole Kingdom into utter ruin and combustion. It is therefore declared by the Lords and Commons in Parliament. That whosoever hath been, or shall be an Actor in the selling or pawning of any of the jewels of the Crown, or hath, or shall pay, lend, send, or bring any Money in Specie into this Kingdom, for, or upon any of those jewels; Or whosoever hath or shall accept of any Bill from beyond the Seas, for the payment of any sum of money for, or upon any of those jewels, and shall pass any sum according to such Bill, after notice of this Order, without acquainting this House with the receipt of such Bill before he accept the same; Or if he have already accepted any such Bill, then with the acceptance thereof before the payment of the money, Every such person shall be held and accounted a promoter of this intended war, an enemy to the State, and aught to give satisfaction for this public damage out of His own Estate. H. Elsing Cler. Parl. D. Com. ARTICLES OF PEACE and COMMERCE, Between the High and Mighty Kings, CHARLES, by the grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, etc. And JOHN the 4th King of Portugal, Algarres, etc. And their SUBJECTS, Concluded at London the nine and twentieth day of January, in the year of our Lord 1642. Stilo novo. Translated out of Latin into English. LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. 1642. ¶ By the King. WHereas the High and Mighty Prince, John the fourth, King of Portugal, etc. hath lately sent his Ambassadors to the Kings most Excellent Majesty, declaring his desire to renew the ancient Confederation and Amity between their Royal Predecessors, Crowns and Subjects; His Majesty out of His royal Care of the Peace and Tranquillity of His Kingdoms, and the freedom of Trade and Commerce of His loving Subjects, By the advice of His Privy Council, hath been pleased to yield thereunto, and doth make known to His loving people, That the said Peace and Confederation is concluded and established between the said Kings, their Crowns, Kingdoms, Territories and Subjects: And the Kings most Excellent Majesty, for the direction of His Merchants in their Trade and Commerce, hath given Command, That the Articles of this Treaty of Peace shall be published, straight charging and commanding all His Subjects of whatsoever degree and estate to observe the same. Given at the Court at York the two and twentieth day of May, in the eighteenth year of His Majesty's Reign. 1642. ¶ God save the King. ARTICLES OF THE TREATY. I. FIrst, it is concluded and accorded, that there is and shall be for ever a good, true, and firm Peace and Amity between the most renowned Kings, CHARLES, King of Great Britain, and JOHN the fourth, King of Portugal, their Heirs and Successors, and their Kingdoms, Countries, Dominions, Lands, Peoples, Liegemen, Vassals and Subjects whomsoever, present, and to come, of whatsoever Condition, Dignity & Degree they maybe, as well by Land as by Sea, and Fresh-waters, so as the said Vassals and Subjects are each of them to favour other, and to use one and other with friendly offices and true affection; And that neither of the said most renowned Kings, their Heirs and Successors, by himself or by any other, shall do or attempt any thing against each other, or their Kingdoms, by Land or by Sea, nor shall consent nor adhere unto any War, Counsel, or Treaty in prejudice of the other. II. That between the most renowned Kings aforesaid, and the Vassals, Inhabitants, and Subjects of each of them, as well by Land, as by Sea and Fresh-waters, in all and singular their Kingdoms, Dominions, Islands, and other Lands, Cities, Towns, Villages, Havens, and Territories of the said Kingdoms and Dominions, there is and shall be free Commerce (in which there was in the time of the Kings of Casteele, or hitherto hath been Commerce) so that without any Safeconduct, or other Licence general or special, as well by Land, as by Sea and Fresh-waters, the Subjects and Vassals of each King may and shall go, enter, and sail, in and to the Kingdoms and Dominions aforesaid, and the Cities, Towns, Havens, Shores, Sea-Rodes, and Territories of the same, and with Carriages, Horses, Burdens, Ships loaden or to be loaden, to bring in Merchandizes, to buy or sell, as much as they will, Victuals, and upon just Prices to make provision of things necessary for their sustenance and Voyages, and to repair their Shipping and Carriages of their own property, or hired, or borrowed by them, and from thence also with the same freedom to departed with their Merchandizes, Goods, and things whatsoever, having paid only such Customs and Tolles, as according to the Ordinances of each place are at that time rated, and may thence go without let or impediment unto their own Countries, or any other places where and how they please. III. And that the Subjects of each of the most renowned Kings before named, in the Dominions and Territories of the other, shall not be worse dealt withal then the natural Subjects in their Sales and Contracts for their Merchandizes, as well for Price as otherwise, but that the condition of Foreigners and natural Subjects shall be equal and alike as aforesaid, according to the practice of ancient Treaties made between the most renowned Kings of Great Britain and Casteele. iv That the Subjects of the most renowned King of Great Britain shall at their own free will and pleasure use and enjoy any kind of Merchandizes and Trading in Merchandise, in the Kingdoms, Provinces, Territories and Islands of the most renowned King of Portugal, in Europe; and that they shall as freely and in the same manner exercise their Trade of Merchandizes in the places aforesaid, as is permitted to the Subjects of other Princes and States in League with the King of Portugal; neither shall they be more burdened with Customs, Impositions, or other Taxes, than the Inhabitants and Subjects of the said Lands, or other Subjects of any Nation whatsoever in League with the portugals, and they shall enjoy the same Privileges which were granted to the English before Portugal was united to Casteele. V That whensoever the Subjects of the King of Great Britain shall with their Ships arrive at the Havens of the most renowned King of Portugal in his Kingdoms and Dominions, they shall not be constrained by the Ministers, Officers, and Subjects of the King of Portugal, to put or load into their ships any other kind or quantities of goods and merchandizes, than it shall please and seem good unto the said Subjects of the King of Great Britain: And that the Subjects of the King of Portugal shall enjoy the same freedom in the Havens and Dominions of the King of Great Britain. VI That if it shall happen that the Subjects of the most renowned King of Portugal, or any other within his Kingdoms and Dominions, or their merchandizes and goods shall be taken, seized or arrested by the Office of the Court of Inquisition, or the Judges, or Ministers thereof, which have been or shall be engaged or indebted to the Subjects of the most renowned King of Great Britain, the said debts shall be fully paid out of the said goods and merchandizes, within the year immediately following the said arrest, without any hindrance or trouble of the said Court, or the Judges and Ministers of the same whosoever: And if any of the goods and merchandizes of the said Subjects of the King of Great Britain, shall remain in specie among the said goods and merchandizes so seized and arrested, the same shall be immediately restored unto them. VII. That the Captains, Masters, Officers, and Mariners of the ships of the most renowned King of Great Britain, or his Subjects, shall not commence any Actions, nor procure any trouble against the said ships, or any the Subjects of the said King, within the Kingdoms and Dominions of the King of Portugal, for their wages or salaries, under colour or pretext that they profess the Roman Religion, or shall have put themselves into the service of the most renowned King of Portugal. VIII. That the Consuls named and appointed by the most renowned King of Great Britain, for the aid and protection of his Subjects, remaining within the Kingdoms and Dominions of the most renowned King of Portugal, shall fully and freely exercise the power and authority of Consuls within the said Kingdoms and Dominions, although they shall not profess the Roman Religion. IX. That if any Subjects of the most renowned King of Great Britain shall departed this life within the Kingdoms and Dominions of the most renowned King of Portugal, the books, accounts, merchandizes and goods of them, or of any other Subjects of the said King of Great Britain, shall not from henceforth be taken or seized by the Judges of Orphans and Absents, or their Ministers, or Officers, neither shall they be subject to their Jurisdiction; but the same goods, merchandizes and accounts, shall be delivered, by the possessors of them, to English Agents, or Factors residing in that City, named and appointed by the said Deceased: And if he shall have named none while he lived, they shall be delivered to one or two English Merchants, (provided they be Bachelors) by authority of the Conservator of the English, having first given Caution with good Sureties to be allowed by the said Conservator, to restore the said Goods & Merchandizes to the true Owners thereof, or their lawful Creditors: And those Goods which shall appear to belong to the Deceased, shall be delivered to his Heirs, Executors, or Creditors. X That the most renowned King of Portugal, or his Ministers within his Kingdoms and Dominions, shall not arrest, or withhold the Ships of the Subjects of the most renowned King of Great Britain, or his Subjects, without his knowledge and consent, for his services of War, or any other services whatsoever; But that the said Ships and Subjects may freely, and at their own pleasure departed out of the Ports and Dominions of the said King, without any hindrance of the said King of Portugal, or his Ministers: And that the Goods and Merchandizes of the Subjects of the King of Great Britain shall not be taken for the service of the King of Portugal, but for the just and common-price thereof, to be paid within two Months following, unless some other time of payment shall be agreed on by both parts. XI. That the Subjects of the most renowned King of Great Britain shall freely carry in their Ships all things, Goods and Merchandizes, of what kind soever they be, even Arms, Victuals, or any other of the like kind out of the Ports and Dominions of the said King, or of any Ports and Dominions whatsoever, (so that they be not immediately carried out of the Ports of Portugal, or the Dominions thereof) to be transported to any Ports and Territories of the most renowned King of Casteele; And that the most renowned King of Portugal, or his Subjects, shall not by Seizures, reprizals, or any other means hinder the said Ships, Goods and Persons of the Subjects of the King of Great Britain, but that they may safely Sail to the Ports and Territories of the said King of Casteele, and there exercise their Merchandise and Trade: And that the Subjects of the Kings of Great Britain and Portugal shall on both parts have the same Power, if hereafter it shall happen that either of the said Kings shall have War with the Friend of the other, and the Subjects of the King of Great Britain shall carry all kind of Merchandise, even Arms, Victuals, or any other of the like kind, with the same Freedom into the Kingdoms and Dominions of the King of Portugal, and shall there sell the same at their own pleasure, in public Market, or privately, without any hindrance of the most renowned King of Portugal, or his Ministers. XII. Item, That the convention of Truce made between D. Michael de Loronha, Conde de Linhares Viceroy of Goa, and William Methwold Precedent of the English in East India, the 20th of January 1635. Stilo novo, shall be continued and kept between the Subjects of both Kings in East India, and in all the Dominions of the most renowned King of Portugal beyond Cape Bona Speranza; And that the Commissioners to be named by the said Kings, shall in East India take Cognizance within three years of the Demands which have been or shall be made by the Subjects and Vassals of both Kings, for their Commerce in India aforesaid, that so a perpetual Peace and Confederation may be confirmed and established by the said Kings, between their Subjects on both parts. XIII. And because the Commerce and free coming of the Subjects of the King of Great Britain to the Coasts and parts of Africa, the Island of S. Thome, and other Islands comprehended under them, could not yet be agreed on by reason of the defect of the Powers sent by the most renowned King of Portugal to his Ambassadors, that by this debate this present Treaty of Peace and Amity between both Kings and their Subjects be not delayed, it is on both parts concluded on, That in the Lands, Places, Castles, Ports, and Coasts of Africa, Guyne, Been, etc. the Island of S. Thome, and other Islands comprehended under them, wherein it shall appear that the Subjects of Great Britain have dwelled for Trade of Merchandise, or have had Trade or Commerce there in the time of the Kings of Casteele, or hitherto, there shall be no alteration or change, neither shall they have any trouble or injury done them by the portugals for that cause. And if any Customs be to be demanded from the Subjects of the King of Great Britain, on any cause, in the Castles, Islands, and Places aforesaid, they shall not be greater or more grievous than those which shall be demanded from other Nations in League with the King of Portugal: And the Subjects of the King of Portugal wanting Foreign Ships for their Navigation and Commerce to the Coasts and Islands aforesaid, may freely at their own pleasure hire the Ships of the Subjects of the King of Great Britain: And that Commissioners and Ambassadors shall be named by both Kings, who shall Treat and Conclude concerning the Commerce and free coming to the Coasts, Islands, and Places aforesaid, which hath been demanded by the Commissioners of the King of Great Britain, for the Subjects of their King, being persuaded out of the confidence of the ancient amity which hath been between the Predecessors of the same Kings, that the most renowned King of Portugal will grant to no Nation more ample Rights, Immunities and Privileges, than he will grant unto the Subjects of the King of Great Britain. XIV. And forasmuch as the most renowned King of Portugal by his Grant, confirmed by his Seal, dated in Lisbon the 21. day of January, in the year of the birth of Our Lord, 1641. hath given free power to the Inhabitants of the Lands subject to the Dominions of the States of Holland, etc. to bring in, and to export all kind of Merchandizes out of his Kingdoms, Dominions, and Territories, That the Subjects of the King of Great Britain shall have, and enjoy the same Power in the Kingdoms and Dominions of the said most renowned King of Portugal, according to the Tenor of the said Grant. XV. And that the English Merchants, and other Subjects of the King of Great Britain, shall enjoy as great, and the same Immunity from being Imprisoned, Arrested or any other way troubled in their Persons, Houses, Books of Accounts, and Accounts, Merchandizes and Goods within the Dominions of the most renowned King of Portugal, as hath been granted, or shall be hereafter granted to any other Prince, or People in league with the King of Portugal. XVI. And because there is yet no agreement made concerning Freighting of the Ships of the Subjects of the most renowned King of Great Britain by the portugals, for their Commerce and Navigation into Brasill, it hath pleased both Parties, that Commissioners or Ambassadors shall be appointed, and sent by the said Kings within two years, who shall have power to treat and agree concerning this Article. XVII. And because the Rights of Commerce and Peace shall be made unprofitable, if the Subjects of the most renowned King of Great Britain shall be troubled for their consciences, while they go to and from the Kingdoms and Dominions of the most renowned King of Portugal, or reside there for Commerce or Business; Therefore that their Commerce be safe and secure, as well on Land as on Sea, the most renowned King of Portugal shall take care, and provide that they shall not be molested or disturbed for the said Case of Conscience, so as they give not scandal unto others. And although the most renowned King of Portugal do acknowledge that he hath not power to determine and dispose of Faith and Religion, yet out of his love and great affection to the most renowned King of Great Britain, and the English Nation, he shall take care that the English, and other Subjects of the said King, shall have and enjoy as great Liberty in the practice and exercise of their Religion within the Kingdoms, Dominions, and Territories of the King of Portugal, as shall be permitted to the Subjects of any other Prince, or Commonwealth whatsoever. XVIII. If it shall happen hereafter (which God forbidden) that any controversies and doubts shall arise between the said most renowned Kings, whereby there may be danger of the interruption of Commerce and Intercourse between their Subjects, there shall be public Monition given to the Subjects on both parts, in all and singular the Kingdoms and Provinces of each King, and after such Monition they shall have two years on both parts to transport their Merchandizes and Goods, and that no trouble, impediment, or hurt shall be done in the mean time either to Things or Persons on either part. XIX. And if during this Peace and Amity any thing shall be attempted, committed, or done against the force and effect thereof by Land, Sea, or Fresh-waters, by any of the said Kings, their Heirs and Successors, their Vassals, or Subjects, yet notwithstanding this Peace and Amity shall remain in strength and virtue, and the attempters and offenders only, and none others, shall be punished for such their attempts. XX. Item, It is concluded and accorded that the present Peace and Confederation shall not derogate from the Leagues and Confederations heretofore made and contracted between the most renowned King of Great BRITAIN, and other Kings, Princes, and Common wealths, but that the said Leagues and Confederations shall be firmly kept, and shall hereafter remain in full strength, notwithstanding this Treaty of Peace. XXI. Finally, It is Concluded that the said most renowned Kings, CHARLES, King of Great BRITAIN, etc. and JOHN the fourth, King of PORTUGAL, etc. shall sincerely and faithfully observe and keep, and cause to be observed by their Subjects and Inhabitants, all and singular the Capitulations concluded and accorded in this present Treaty, and that they shall not, directly or indirectly, do contrary to the same: And that they shall confirm and ratify all and singular the Conventions aforesaid, by their Letters Patents, subscribed with their Royal Hands, and with their Great Seals, in good and due form, and upon the first occasion shall deliver, or cause to be delivered the same, faithfully, really, and effectually: And they shall mutually bind themselves by promise, in the Word of a King, that they shall observe and keep all and singular the Premises, whensoever they shall be thereunto required by either part; And they shall cause this present Peace and Amity, in manner accustomed, to be published, so soon as the same conveniently may be done. FINIS.