Page images
PDF
EPUB

in any place, by fea or land, nor in the ports or rivers of the one or the other, but fhall treat one another with all love and friendship; and may by water and by land freely and fecurely pafs into the confines, countries, lands, kingdoms, islands, dominions, cities, towns, villages, walled or without wall, fortified or unfortified, their havens and ports (where hitherto trade and commerce hath been accustomed) and there trade, buy, and fell, as well of and to the inhabitants of the refpective places, as thofe of their own nation, or any other nation that fhall be or come there.

III. That the faid Kings of Great Britain and Spain fhall take care that their refpective people and fubjects from henceforward do abftain from all force, violence, or wrong; and if any injury fhall be done by either of the faid Kings, or by the people or fubjects of either of them, to the people or fubjects of the other, againft the articles of this alliance, or against common right, there fhall not therefore be given letters of reprisal, marque, or counter-marque, by any of the confederates, until fuch time as juftice is fought and followed in the ordinary course of law: but if juftice be denied or delayed, then the King whose people or inhabitants have received harm, fhall ask it of the other, by whom (as is faid) the juftice fhall have been denied or delayed, or of the commiffioners that fhall be by the one King or the other appointed to receive and hear fuch demands, to the end that all fuch differences may be compounded in friendship, or according to law. But if there fhould be yet a delay, or justice should not be done, nor fatisfaction given within fix months after having the fame fo demanded, then may be given letters of reprifal, marque, or counter-marque.

IV. That between the King of Great Britain and the King of Spain, and their refpective people, fubjects, and inhabitants, as well upon fea as upon land and fresh-water, in all and every their kingdoms, lands, countries, dominions, confines, territories, provinces,

4

inlands,

[ocr errors]

islands, plantations, cities, villages, towns, ports, rivers, creeks, bays, ftreights, and currents, where hitherto trade and commerce hath been accustomed, there shall be free trade and commerce, in fuch way and manner, that without fafe-conduct, and without general or particular licence, the people and fubjects of each other may freely, as well by land as by fea and fresh-water, navigate and go into their faid countries, kingdoms, dominions, and all the cities, ports, currents, bays, districts, and other places thereof, and may enter into any port with their fhips laden or empty, carriage or carriages wherein to bring their merchandize, and there buy and fell what and how much they pleafe, and alfo at juft and reasonable rates provide themselves with provifions and other neceffary things for their fubfiftance and voyage; and alfo may repair their fhips and carriages, and from thence again freely depart with their fhips, carriages, goods, merchandize, and eftate, and return to their own countries, or to fuch other place as they fhall think fit, without any moleftation or impediment, fo that they pay the duties and customs which fhall be due, and faving to either fide the laws and ordinances of their country.

V. Item, It is likewife agreed, That for the merchandizes which the fubjects of the King of Great Britain fhall buy in Spain, or other the kingdoms or dominions of the King of Spain, and shall carry in their own ships, or in fhips hired or lent unto them, no new cuftoms, toll, tenths, fubfidies, or other rights or duties whatsoever, fhall be taken or increased, other than those which in the like cafe the natives themfelves, and all other strangers are obliged to pay; and the fubjects aforefaid buying, felling, and contracting for their merchandizes, as well in refpect of the prices, as of all duties to be paid, fhall enjoy the fame privileges which are allowed to the natural fubjects of Spain; and may buy and lade their fhips with fuch goods and merchandizes; which faid fhips being laden, and cuftoms paid for the goods, fhall not be detained in port B 4

upon

[ocr errors]

upon any pretence whatsoever; nor fhall the laders, merchants, or factors, who bought and loaded the goods aforefaid, be queftioned, after the departure of the faid fhips, for any matter or thing whatsoever concerning the fame.

VI. And to the end that the officers and ministers of all cities, towns, and villages, belonging to either, may neither demand nor take from the refpective merchants and people greater taxes, duties, ftipends, recompences, gifts, or any other charges, than what ought to be taken by virtue of this treaty; and that the said merchants and people may know and underftand with certainty what is ordained in all things touching this; it is agreed and concluded, That tables and lifts fhall be put up at the doors of the customhoufes and registries of all the cities, villages, and towns of, or appertaining to one or the other King, where fuch rights and excifes, or customs, are usually paid; in which, how much, and of what quality fuch rights, customs, fubfidies, and payments, either to the Kings or any the aforefaid officers are allowed, fhall be put down in writing, declaring as well the fpecies of what is imported, as what is carried out. And if any officer, or any other in his name, upon any pretence whatsoever, in public or fecret, directly or indirectly, fhall afk or receive of any merchant or other perfon refpectively, any fum of money or other thing, by the name of right, due, ftipend, allowance, or recompence (though it be by the way of voluntary donative) more or otherwise than aforefaid, the faid officer or his deputy being in fuch manner guilty, and convict before a competent judge in the country where the crime is committed, shall be put in prifon for three months, and shall pay thrice the value of the thing fo received; of which the half fhall be for the King of the country where the crime is committed, and the other half for the denunciator, for the which he may fue his right before any competent judge of the country where it fhall happen.

VII. That

[ocr errors]

VII. That it fhall be lawful for the fubjects of the King of Great Britain to bring out, and carry into Spain, and all or any lands and dominions of the King of Spain (where heretofore they have ufed trade and commerce) and trade there, with all kind of merchandize, clothes, manufactures, and things of the kingdom of Great Britain, and the manufactures, goods, fruits, and kinds of the iflands, towns, and plantations to him appertaining, and what fhall have been bought by English factors on this fide, or farther on the other fide of the Cape of Buena Efperança, without being enforced to declare to whom, or for what price they fell their faid merchandize and provifions, or being molefted for the errors of the mafters of the fhips, or others, in the entry of the goods; and at their pleasure to return again out of the dominions of the King of Spain, with all or any goods, eftates, and merchandize, to any of the territories, iflands, dominions, and countries of the King of England, or to any other place, paying the rights and tributes mentioned in the antecedent chapters; and the reft of all their lading which is not brought to land, they may detain, keep, and carry away in their said ship or fhips, veffel or vetfels, again, without paying any right or impofition whatfoever for it, as if therewith they had never been within any bay or port of the Catholic King. And all the goods, eftates, merchandize, fhips, or other veffels, with any things introduced into the dominions or places of the crown of Great Britain as prizes, and judged for fuch in the faid dominions and places, fhall be taken for goods and merchandize of Great Britain, comprehended fo by the intention of this article.

VIII. That the fubjects and vaffals of the most, ferene King of Great Britain may bring and carry to all and fingular the dominions of the King of Spain, any fruits and commodities of the Eaft Indies, it appearing by teftimony of the deputies of the East India company in London, that they are of, or have come from the English conquefts, plantations, or factories, with like

privilege,

privilege, and according to what is allowed to the fubjects of the United Provinces, by the royal cedulas of Contravando, bearing date the 27th of June, and the 3d of July, 1663, and published on the 30th of June, and 4th of July, the fame year. And for what may concern both the Indies, and any other parts whatfoever, the crown of Spain doth grant to the King of Great Britain and his fubjects, all that is granted to the United States of the Low Countries, and their fubjects, in their treaty of Munfter, 1648, point for point, in as full and ample manner as if the fame were herein particularly inferted, the fame rules being to be obferved whereunto the fubjects of the faid United States are obliged, and mutual offices of friendship to be performed from one fide to the other.

IX., That the fubjects of the King of Great Britain, trading, buying, and felling in any of the kingdoms, governments, iflands, ports, or territories of the faid King of Spain, fhall have, ufe, and enjoy all the privileges and immunities which the faid King hath granted and confirmed to the English merchants that refide in Andaluzia, by his royal cedulas or orders, dated the 19th day of March, the 26th day of June, and the 9th day of November 1645; his Catholic Majefty by these prefents re-confirming the fame, as a part of this treaty between the two crowns. And, to the end that it be manifeft to all, it is confented, that the said schedules (as to the whole fubftance thereof) be paffed and tranfferred to the body of the prefent articles, in the name and favour of all and fingular the fubjects of the King of Great Britain, refiding and trading in any places whatfoever within his Catholic Majefty's dominions.

X. That the fhips, or any other veffels that shall belong to the King of Great Britain or his fubjects, navigating into the King of Spain's dominions, or any of his ports, fhall not be vifited by the judges of counterband, or by any other officer or perfon, by his own, or by any other authority; nor fhall any foldiers, armed

men,

[ocr errors][ocr errors]
« PreviousContinue »