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A78662 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, &c. And John the 4th king of Portugal, Algarres, &c. and their subjects. Concluded at London the nine and twentieth day of January, in the yeer of our Lord 1642. stilo novo. Translated out of Latin into English.; Treaties, etc. Portugal. 1642-01-29. England and Wales.; Portugal. Treaties, etc. England and Wales. 1642-01-29. 1642 (1642) Wing C2147; Thomason E149_21; ESTC R4296 7,044 24

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Die Iovis 2 Junii 1642. WHereas it doth appeare to the Lords and Commons in Parliament That the King seduced by wicked Counsell doth intend to leavy Warre against his Parliament and whereas information hath beene given That the Iewels of the Crowne 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 Majesties Servants or Agents for His Majesties use And whereas t is more then probable That this great Provision of Monyes in such an extraordinary way is to maintaine this intended warre and thereby to bring the whole Kingdome into utter ruine and combustion It is therefore declared by the Lords and Commons in Parliament That whosoever hath beene or shall be an Actor in the selling or pawning of any of the Iewels of the Crowne or hath or shall pay lend send or bring any Money in Specie into this Kingdome for or upon any of those Iewels Or whosoever hath or shall accept of any Bill from beyond the Seas for the payment of any summe of money for or upon any of those Iewels and shall passe any summe 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 mony Every such person shall be held and accounted a promoter of this intended warre an enemy to the State and ought to give satisfaction for this publick dammage out of His owne Estate H. Elsynge 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 c. And JOHN the 4th King of Portugal Algarres c. And their SUBJECTS Concluded at London the nine and twentieth day of January in the yeer of our Lord 1642. Stilo novo Translated out of Latin into English LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1642. ¶ By the King WHereas the High and Mighty Prince John the fourth King of Portugall c. hath lately sent his Ambassadours to the Kings most Excellent Majestie declaring his desire to renew the ancient Confederation and Amity between their Royall Predecessours Crowns and Subjects His Majestie out of His royall 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 Privie Councell hath been pleased to yeeld 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 Majestie for the direction of His Merchants in their Trade and Commerce hath given Command That the Articles of this Treatie of Peace shall be published straitly 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 yeer of His Majesties Reign 1642. ¶ God save the King ARTICLES OF THE TREATIE I. FIrst it is concluded and accorded that there is and shall be for ever a good true and firm Peace and Amitie between the most renowned Kings CHARLES King of Great Britain and JOHN the fourth King of Portugall their Heirs and Successors and their Kingdoms Countries Dominions Lands Peoples Liegemen Vassalls 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 Vassalls 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 Counsell or Treatie in prejudice of the other II. That between the most renowned Kings aforesaid and the Vassalls 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 Safe-Conduct or other Licence generall or speciall as well by Land as by Sea and Fresh-waters the Subjects and Vassalls 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 propertie or hired or borrowed by them and from thence also with the same freedom to depart with their Merchandizes Goods and things whatsoever having paid onely such Customes 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 withall then the naturall Subjects in their Sales and Contracts for their Merchandizes as well for Price as otherwise but that the condition of Forreigners and naturall Subjects shall be equall 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 kinde of Merchandizes and Trading in Merchandize in the Kingdoms Provinces Territories and Islands of the most renowned King of Portugall 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 Portugall neither shall they be more burdened with Customs Impositions or other Taxes then the Inhabitants and Subjects of the said Lands or other Subjects of any Nation whatsoever in League with the Portugalls and they shall enjoy the same Priviledges which were granted to the English before Portugall was united to Casteele V. That whensoever the Subjects of the King of Great Britain
Thome and other Islands comprehended under them wherein it shall appear that the Subjects of Great Britain have dwelt for Trade of Merchandize 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 Portugalls for that cause And if any Customes 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 then those which shall be demanded from other Nations in League with the King of Portugall And the Subjects of the King of Portugall wanting Forreign 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 perswaded out of the confidence of the ancient amity which hath been between the Predecessors of the same Kings that the most renowned King of Portugall will grant to no Nation more ample Rights Immunities and Priviledges then he will grant unto the Subjects of the King of Great Britain XIV And forasmuch as the most renowned King of Portugall by his Grant confirmed by his Seal dated in Lisbone the 21. day of January in the yeer 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 c. to bring in and to export all kinde 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 Portugall according to the Tenour 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 Immunitie from being Imprisoned Arrested or any other way troubled in their Persons Houses Books of Accompts and Accompts Merchandizes and Goods within the Dominions of the most renowned King of Portugall as hath been granted or shall be hereafter granted to any other Prince or People in league with the King of Portugall XVI And because there is yet no agreement made concerning Fraighting of the Ships of the Subjects of the most renowned King of Great Britain by the Portugalls for their Commerce and Navigation into Brasill it hath pleased both Parties that Commissioners or Ambassadours shall be appointed and sent by the said Kings within two yeers 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 Portugall or reside there for Commerce or Businesse Therefore that their Commerce be safe and secure as well on Land as on Sea the most renowned King of Portugall shall take care and provide that they shall not be molested or disturbed for the said Case of Conscience so as they give not scandall unto others And although the most renowned King of Portugall 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 Portugall as shall be permitted to the Subjects of any other Prince or Common-wealth whatsoever XVIII If it shall happen hereafter which God forbid 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 publike 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 yeers 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 Amitie 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 Vassalls or Subjects yet notwithstanding this Peace and Amitie shall remain in strength and vertue and the attempters and offenders onely 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 c. and JOHN the fourth King of PORTUGALL c. 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 Treatie and that they shall not directly or indirectly do contrary to the same And that they shall confirm and ratifie all and singular the Conventions aforesaid by their Letters Patents subscribed with their Royall 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 binde themselves by promise in the Word of a King that they shall observe and keep all and singular the Premisses whensoever they shall be thereunto required by either part And they shall cause this present Peace and Amitie in manner accustomed to be published so soon as the same conveniently may be done FINIS
shall with their Ships arrive at the Havens of the most renowned King of Portugall in his Kingdoms and Dominions they shall not be constrained by the Ministers Officers and Subjects of the King of Portugall to put or load into their ships any other kinde or quantities of goods and merchandizes then it shall please and seem good unto the said Subjects of the King of Great Britain And that the Subjects of the King of Portugall shall enjoy the same freedome 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 Portugall or any other within his Kingdomes and Dominions or their merchandizes and goods shall be taken seased or arrested by the Office of the Court of Inquisition or the Judges or Ministers thereof which have been or shall be ingaged 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 yeer immediately following the said arrest without any hinderance 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 Portugall for their wages or salaries under colour or pretext that they professe the Roman Religion or shall have put themselves into the service of the most renowned King of Portugall 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 Portugall shall fully and freely exercise the power and authority of Consuls within the said Kingdoms and Dominions although they shall not professe the Roman Religion IX That if any Subjects of the most renowned King of Great Britain shall depart this life within the Kingdoms and Dominions of the most renowned King of Portugall 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 lawfull 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 Portugall 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 depart out of the Ports and Dominions of the said King without any hinderance of the said King of Portugall 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 Portugall but for the just and common-price thereof to be paid within two Moneths following unlesse some other time of paiment 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 kinde soever they be even Arms Victuals or any other of the like kinde 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 Portugall 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 Portugall or his Subjects shall not by Seizures Reprizalls 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 Merchandize and Trade And that the Subjects of the Kings of Great Britain and Portugall 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 kinde of Merchandize even Arms Victualls or any other of the like kinde with the same Freedom into the Kingdoms and Dominions of the King of Portugall and shall there sell the same at their own pleasure in publike Market or privately without any hinderance of the most renowned King of Portugall or his Ministers XII Item That the convention of Truce made between D. Michael de Loronha Conde de Linhares Vice-Roy of Goa and William Methwold President 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 Portugall beyond Cape Bona Speranza And that the Commissioners to be named by the said Kings shall in East India take Cognizance within three yeers of the Demands which have been or shall be made by the Subjects and Vassalls of both Kings for their Commerce in India aforesaid that so a perpetuall 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 Portugall to his Ambassadors that by this debate this present Treatie of Peace and Amitie 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 Bine c. the Island of S.