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men, or other officers or perfons, be put on board of the faid fhips or veffels; nor fhall the officers of the custom-house of the one or the other party, fearch in any veffels or fhips belonging to the people of the one or the other, which fhall enter into their regions, dominions, or refpective ports, until their faid fhips or veffels are unladen, or until they have carried on fhore all the lading and merchandize, which they declare they refolve to difembark in the faid port; nor fhall the captain, mafter, or any other of the company of the said ships be imprisoned, or they or their boats detained on fhore; but in the interim, officers of the cuftom-house may be put on board the faid veffels or fhips, fo they exceed not the number of three for each fhip, to fee that no goods or merchandize be landed out of the faid fhips or veffels, without paying fuch duties as by these articles either party is obliged to pay; which faid officers are to be without any charge to the fhip or fhips, veffel or veffels, their commanders, mariners, company, merchants, factors, or proprietors. And when it happens that the mafter or owner of any ship shall declare the whole lading of his faid fhip is to be discharged in any port, the entry of the faid lading fhall be made in the cuftom-house, after the ufual manner; and if after the entry made, any other goods be found in the faid fhip or fhips, more than what are contained in the faid entry, eight working days fhall be allowed them, on which they may work (which shall be reckoned from the day they began to unlade) to the end that the concealed goods may be entered, and the confifcation of them prevented and in cafe that in the time limited, the entry or manifeftation of them fhall not have been made, then fuch particular goods only, which fhall be found as aforefaid, though the unlading be not finished, fhall be confifcated, and not any other; nor fhall other trouble be given, or punishment inflicted on the merchant or owner of the fhip; and when the fhips or veffels are re-laden, they may have freedom to go out again.

XI. That

XI. That the fhip or ships appertaining to the one or the other King, or to their refpective people and fubjects, that shall enter into any ports, lands, or dominions of the one or the other, and fhall discharge any part of their goods and merchandizes in any port or haven, being configned with the reft to other places within or without the faid dominions, fhall not be obliged to regifter or pay the rights of any other goods or merchandize, than of that which they fhall unlade in the faid port or haven, nor be conftrained to give bond for the goods they fhall carry, to other places, nor any other fecurity, if it be not in case of felony, debt, treason, or other capital crime.

XII. Whereas the one moiety of the cuftom of all foreign goods and merchandizes imported into England, is allowed and returned back to the importer, if the faid goods be exported out of the faid kingdom within twelve months after the firft landing, upon oath made that they are the fame goods which paid custom inwards, and that if they be not re-shipped within the faid twelve months, yet they may at all times be exported without paying any custom or duty outwards: it is therefore agreed, That if any the fubjects of the King of Great Britain fhall hereafter land any goods or merchandize, of what growth or nature foever they be, in any of the ports of his Catholic Majefty, and having entered them, and paid the custom which by this treaty ought to be paid, and fhall afterwards defire to tranf port them, or any part of them, to any other place whatfoever, for a better market, it fhall and may, be lawful for him or them fo to do freely, without paying or being demanded any other cuftom or duty at all for the fame, he or they making oath, if required thereunto, that they are the fame goods for which cuftom was paid at their landing: and in cafe that the fubjects, people, and inhabitants of the dominions of either part fhall unlade, or have in any city, town, or village refpectively, any goods, merchandizes, fruits, or eftates, and have paid the cuftoms due, according to what

hath

hath been declared, and after that, not being able to put them off, fhall refolve to remit them to fome other city, town, or village of the faid dominions, they may not only do it without difficulty or impediment, and without paying other rights than what were due at their entry, but likewife the cuftom or rights fhall not be paid again in any other part of the faid dominions, bringing certificates from the officers of the customhouse, that they were paid before in the due form. And the chief farmers and commiffioners of the King of Spain's rents in all places, or fome other officer or officers to be appointed for that purpose, fhall at all times permit and fuffer the tranfportation of all fuch goods and merchandizes from place to place, and give fufficient certificate to the owners thereof, or their affigns, of their having paid their cuftom at their firft landing, whereby they may be carried to, and landed at any other port or place of the faid jurifdiction, free from all duties or impediments whatsoever, as aforesaid, faving always the right of any third person.

XIII. That it fhall be lawful for the fhips belonging to the fubjects of the one or the other King, to anchor in the roads or bays of either, without being conftrained to enter into port; and in cafe they be neceffitated to enter thereinto, either by distress of weather, fear of enemies, pirates, or any other accident, in cafe the faid fhips be not bound to an enemy's port, and carrying thither contraband goods (whereof, without fome clear proof, they fhall not be queftioned) it fhall be lawful for the faid fubjects to return to fea freely when they please, with their fhips and goods, fo as they do not break bulk, or expose any thing to fale; and that when they caft anchor, or enter the ports aforefaid, they be not molested or vifited; and it fhall fuffice, that in this cafe they fhew their paffports or feapapers, which being feen by the refpective officers of either King, the faid fhips fhall return freely to sea without any moleftation.

XIV. And

XIV. And if any fhip or fhips belonging to the fubjects and merchants of the one or the other, entering into bays, or in the open fea, fhall be encountered by the fhips of the faid Kings, or of privateers their fubjects; the faid fhips, to prevent all diforders, fhall not come within cannon-shot, but shall send their longboat or pinnace to the merchant-fhip, and only two or three men on board, to whom the mafter or owner fhail fhew his paffports and fea letters, according to the form which fhall be inferted at the end of this treaty, whereby not only the fhip's lading, but the place to which the belongs, and as well the mafter and owner's name, as the name of the fhip may appear; by which means the quality of the ship, and her mafter or owner, will be fufficiently known, as alfo the commodities fhe carries, whether they be contraband or not; to the which paffports and fea letters intire faith and credit fhall be given, so much the rather, for that as well on the part of the King of England, as of the King of Spain, fome counter-figns fhall be given (if it fhall be found neceffary) whereby their authenticalnefs may the better appear, and that they may not be in anywife falfified.

XV. If any prohibited merchandize or goods fhall be exported from the kingdoms, dominions, and territories of either of the faid Kings, by the refpective people or fubjects of the one or the other, in fuch case the prohibited goods fhall be only confifcated, and not the other goods;) neither fhall the delinquent incur any other punishment, except the faid delinquent fhall carry out from the refpective kingdoms or dominions of the King of Great Britain, the proper coin, wool, or fullersearth of the faid kingdoms, or fhall carry out of the refpective kingdoms or dominions of the faid King of Spain, any gold or filver, wrought or unwrought; in either of which cafes the laws of the refpective coun tries are to take place.

XVI. That it shall be lawful for the people and fubjects

fubjects of both Kings to have accefs to the refpective ports of the one and the other, and there remain, and depart again with the fame freedom, not only with their fhips and other veffels for trade and commerce, but alfo with their other fhips fitted for war, armed, and difpofed to refift and engage the enemy, and arriving by stress of weather to repair their fhips, or furnifh themselves with provifions; fo that entering willingly, they be not fo numerous that they give juft occafion of fufpicion, to which end they are not to exceed the number of eight, nor continue in their havens, nor about their ports, longer time than they fhall have juft caufe, for the repair of their fhips, to take in provisions or other neceffary things, much lefs be the occafion of interrupting the free commerce and coming in of other fhips, of nations in amity with either King; and when an unusual number of men of war by accicident fhall come unto any port, it fhall not be lawful for them to come into the faid ports or havens, not having first obtained permiffion of the King unto whom the faid ports do belong, or the governors of the faid ports, if they be not forced thereinto by ftrefs of weather or other neceffity, to avoid the danger of the fea; and in fuch cafe they fhall presently acquaint the governor or chief magiftrate of the place with the caufe of their coming; nor fhall they remain there any longer time than the faid governor or magiftrate fhall think convenient, or do any act of hoftility in fuch ports, that may prove of prejudice to the one or the other of the faid Kings..

XVII. That neither the faid King of Great Britain, nor the King of Spain, by any mandate, general nor particular, nor for any caufe whatfoever, fhall embark or detain, hinder, or take for his respective service, any merchant, master of a ship, pilot, or mariner, their fhips, merchandize, clothes, or other goods belonging unto the one or the other, in their ports or waters, if it be not that either of the faid Kings, or the perfons to whom the fhips belong, be firft advertised thereof, and do

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