Page images
PDF
EPUB

agree thereunto: provided, that this shall not be conftrued to hinder or interrupt the ordinary course of justice and law in either country.

XVIII. That the merchants and fubjects of the one and the other King, their factors and fervants, as also their fhips, mafters, or mariners, may as well going as coming, upon fea and other waters, as in the havens and ports of the one and the other refpectively, carry and use all kind of arms, defenfive and offenfive, without being obliged to regifter them, as alfo upon land to carry and use them for their defence, according to the custom of the place.

XIX. That the captains, officers, and mariners of the fhips, belonging to the people and fubjects of either party, may not commence an action, nor hinder or bring trouble upon their own fhips, their captains, officers, or mariners, in the refpective kingdoms, dominions, lands, countries, or places of the other, for their wages or falaries, or under any other pretence. Nor may they put themfelves, or be received, by what pretext or colour foever, into the fervice or protection of the King of England, or King of Spain, or their arms; but if any controverfy happen between merchants and mafters of fhips, or between masters and mariners, the compofing thereof fhall be left to the conful of the nation, but after fuch manner, as he who fhall not fubmit to the arbitrement, may appeal to the ordinary juftice of the place where he is fubject.

XX. And to the end that all impediments be taken away, and that the merchants and adventurers of the kingdoms of Great Britain be permitted to return to Brabant, Flanders, and other the provinces of the Low Countries, under the jurifdiction of the King of Spain; forafmuch as it hath been thought convenient, that all and any the laws, edicts, and acts by which the importation of cloth, or any cloth, or any other woollen manufacture, of what kind foever, dyed or undyed, milled or unmilled, into Flanders, or the other provinces, hath

[ocr errors][ocr errors][ocr errors]

hath been prohibited, be revoked and difannulled; and that if any right, tribute, impofition, charge, or money, hath been, with permiffion, or otherwise, put upon cloths, or any of the aforefaid woollen manufactures fo imported (except the ancient tribute upon every piece of cloth, and proportionably upon every other woollen manufacture, agreeable to the ancient treaties and agreements between the then Kings of England, and the Dukes of Burgundy, and Governors of the Low Countries) the fame fhould be altogether void, and no fuch tribute or impofition from henceforth impofed, or put upon the faid cloths or manufactures, for no cause or pretext whatsoever; and that all the English merchants, trading in any of the said provinces, their factors, fervants, or commiffioners, fhould enjoy, from henceforward, all the privileges, exemptions, immunities, and benefits, which formerly have been agreed and given by the aforefaid ancient treaties and agreements, between the then Kings of England and the Dukes of Burgundy, and Governors of the Low Countries: it is therefore agreed, that deputies fhall be named by the King of Great Britain, who meeting with the Marquis of Caftelrodrigo, or the governor of those provinces for the time being, or any other minifters of the King of Spain, fufficiently authorized in this behalf, fhall friendly treat and conclude hereupon; and alfo fuch further privileges, immunities, and neceffary exemption, fuitable to the prefent state of affairs, fhall be granted for the encouragement of the faid merchants and adventurers, and for the fecurity of their trade and commerce, as fhall be agreed upon in a special treaty, that fhall be made between both the Kings, touching this particular.

XXI. The fubjects and inhabitants of the kingdoms and dominions of the Moft Serene Kings of Great Britain and Spain refpectively, fhall with all fecurity and liberty fail to, and traffic in, all the kingdoms, eftates, or countries, which are or fhall be in peace, VOL. II.

с

peace, amity, or neutrality, with the one or the other.

. XXII. And they fhall not be difturbed or difquieted in that liberty, by the fhips or fubjects of the faid Kings refpectively, by reafon of the hoftilities which are or may be hereafter between either of the faid Kings, and the aforefaid kingdoms, countries, and states, or any of them, which shall be in friendship or neutrality with the other.

XXIII. And in cafe that within the faid fhips refpectively be found, by the abovefaid means, any merchandize hereunder mentioned, being of contraband, and prohibited, they fhall be taken out and confifcated, before the admiralty, or other competent judges; but for this reason the ship, and the other free and allowed commodities which shall be found therein, fhall in no wife be either feized or confifcated.

XXIV. Moreover, for better prevention of the differences which might arife touching the meaning of forbidden merchandize, and of contraband; it is declared and agreed, that under this name shall be comprehended all fire-arms, as ordnance, mufquets, mortar-pieces, petards, bombs, granadoes, fire-crancels, fireballs, mufquet-refts, bandeliers, gunpowder, match, falt-petre, and bullets; likewife under the name of forbidden merchandize, are understood all other arms, as pikes, fwords, pots, helmets, backs and breafts, halberds, javelins, and fuch like armour; under this name is likewife forbidden the transportation of foldiers, horses, their harneffes, cafes of piftols, holfters, belts, and other furniture, formed and compofed for the ufe of war.

XXV. Likewife, to prevent all manner of dispute and contention, it is agreed, that under the name of forbidden merchandize, and of contraband, fhall not be comprehended wheat, rye, barley, or other grains, or

pulfe,

e

pulfe, falt, wine, oil, and generally whatsoever belongs to the fuftaining and nourishing of life, but they fhall remain free, as likewife all other merchandizes not comprehended in the preceding article; and the tranfportation of them fhall be free and permitted, although it be to the towns and places of enemies, unless fuch towns and places be befieged, and blocked up, or furrounded.

XXVI. It is alfo agreed, that whatsoever shall be found laden, by the fubjects or inhabitants of the kingdoms and dominions of either of the faid Kings of England and Spain, aboard the fhips of the enemies of the other, though it be not forbidden merchandize, fhall be confifcated, with all things elfe which fhall be found within the faid fhips, without exception or referve.

XXVII. That the conful which hereafter fhall refide in any of the dominions of the King of Spain, for the help and protection of the fubjects of the King of Great Britain, fhall be named by the King of Great Britain, and he fo named fhall have and exercise the fame power and authority in the execution of his charge, as any other conful hath formerly had in the dominions of the faid King of Spain; and in like manner the Spanish conful refiding in England, fhall enjoy as much authority as the confuls of any other nation have hitherto enjoyed in that kingdom.

XXVIII. And, that the laws of commerce, that are obtained by peace, may not remain unfruitful, as would fall out if the fubjects of the King of Great Britain, when they go to, come from, or remain in the dominións or lordfhips of the King of Spain, by reafon of their commerce or other bufinefs, fhould be molefted for cafe of confcience; therefore, that the commerce be fecure, and without danger, as well upon land as at fea, the faid King of Spain fhall provide, that the subjects of the faid King of Great Britain fhall not be aggrieved contrary to the laws of commerce, and that none of them fhail be molefted or disturbed for their confcience,

C 2

fo

fo long as they give no public fcandal or offence: and the faid King of Great Britain fhall likewife provide, for the fame reasons, that the fubjects of the King of Spain fhall not be molested or disturbed for their conscience, against the laws of commerce, fo long as they give no public fcandal or offence.

XXIX. That the people and fubjects refpectively of one kingdom, in the dominions, territories, regions, or colonies of the other, fhall not be compelled to fell their merchandize for brafs-metal-coin, or exchange them for other coin or things, against their will; or having fold them, to receive the payment in other species than what they bargained for, notwithstanding any, law or other custom contrary to this article.

XXX. That the merchants of both nations, and their factors, fervants, and families, commiffioners, or others by them employed; as alfo mafters of fhips, pilots, and mariners, may remain freely and fecurely in the faid dominions, kingdoms, and territories, of either of the faid Kings, and alfo in their ports and rivers; and the people and fubjects of the one King may have, and with all freedom and fecurity enjoy, in all the lands and' dominions whatsoever of the other, their proper houses to live in, their warehouses and magazines for their goods and merchandize, which they fhall poffefs during the time for which they shall have taken, hired, and agreed for them, without any impediment.

XXXI. The inhabitants and fubjects of the faid confederate Kings, in all the lands and places under the obedience of the one or the other, fhall use and employ thofe advocates, proctors, fcriveners, agents, and folicitors, whom they think fit, the which fhall be left to their choice, and confented to by the ordinary judges, as often as there shall be occafion; and they shall not be constrained to fhew their books and papers of accompt to any perfon, if it be not to give evidence for the avoiding law-fuits and controverfies; neither shall they be embarked, detained, or taken out of their hands,

upon

[ocr errors]
« PreviousContinue »