Page images

the other, and favour and affist one another with mutual love; and that every where, as well in those remote countries as in these which are nearer, the faithful offices of good neighbourhood and friendship may be exercised and increase between them.

III. Alfo, that for the time to come, all enmities, hoftilities, and difcords, between the faid Kings, their fubjects and inhabitants, cease and be abolished: and, that both parties do altogether forbear and abstain from all plundering, depredation, injuries, and infestation whatsoever, as well by land as by fea, and in freshwaters, every where.

IV. The faid moft Serene Kings fhall take care that their fubjects do accordingly abftain from all force and wrong-doing: and they fhall revoke all commiffions and letters of reprifal and mart, or otherwife containing licence to take prizes, of what condition or kind foever, being to the prejudice of the one or other of the faid Kings, or of their fubjects, whether the fame have been given or granted by them unto fubjects or inhabitants, or unto ftrangers; and fhall declare the fame to be void and of no force, as by this treaty of peace they are declared fo to be: and whofoever fhall do any thing to the contrary, he shall be punished not only criminally, according to the merit of his offence, but fhall alfo be compelled to make reftitution and fatisfaction for the loffes to the parties damnified, requiring the fame.

V. And furthermore, the faid Kings fhall denounce, as by the tenor of these prefents every of them hath and doth renounce, whatsoever league, confederation, capitulation, and intelligence, made by what manner foever, in the prejudice of the one or the other, which doth or may repugn against this peace and concord, and all and fingular the contents thereof: all which and every of them, fo far as they do concern the effect aforefaid, they fhall annul and make void, and declare to be of no force or moment.

VI. The


VI. The prifoners on both fides, one and all, of what degree or condition foever, detained by reason of any hoftilities hitherto committed in America, shall be forthwith fet at liberty, without ranfom, or any other price of their freedom.

VII. All offences, damages, loffes, injuries, which the nations and people of Great Britain and Spain have at any time heretofore, upon what cause or pretext foever, fuffered by each other in America, shall be expunged out of remembrance, and buried in oblivion, as if no fuch thing had ever past.

Moreover, it is agreed, that the most Serene King of Great Britain, his heirs and fucceffors, fhall have, hold, keep, and enjoy for ever, with plenary right of fovereignty, dominion, poffeffion, and propriety, all thofe lands, regions, iflands, colonies, and places whatfoever, being or fituated in the Weft Indies, or in any part of America, which the faid King of Great Britain and his fubjects do at prefent hold and poffefs; fo as that in regard thereof, or upon any colour or pretence whatsoever, nothing more may or ought to be urged, nor any question or controverfy be ever moved concerning the fame hereafter.

VIII. The fubjects and inhabitants, merchants, captains, masters of fhips, mariners of the kingdoms, provinces, and dominions of each confederate refpectively, fhall abftain and forbear to fail and trade in the ports and havens which have fortifications, caftles, magazines, or warehouses, and in all other places whatfoever poffeffed by the other party in the West Indies; to wit, The fubjects of the King of Great Britain shall not fail unto, and trade in the havens and places which the Catholic King holdeth in the faid Indies; nor in like manner fhall the fubjects of the King of Spain fail unto, or trade in thofe places which are poffeffed there by the King of Great Britain.

IX. But if, at any time hereafter, either King shall think fit to grant unto. the fubjects of the other, any D 3


general or particular licence or privileges of navigating unto, and trading in any places under his obedience who fhall grant the fame, the faid navigation and trade fhall be exercised and maintained according to the form, tenor, and effect of the faid permiffions or privileges to be allowed and given; for the fecurity, warrant, and authority whereof, this present treaty and the ratification thereof shall serve.

X. It is also agreed, that in case the fubjects and inhabitants of either of the confederates, with their fhipping (whether public and of war, or private and of merchants) be forced at any time through stress of weather, pursuit of pirates and enemies, or other inconvenience whatfoever, for the feeking of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, havens, roads, fhores, and ports belonging to the other in America, they fhall be received and treated there with all humanity and kindness, and enjoy all friendly protection and help: and it fhall be lawful for them to refresh and provide themselves, at reasonable and the ufual rates, with victuals and all things needful, either for the fuftenance of their perfons, or reparation of their fhips, and conveniency of their voyage; and they fhall in no manner be detained or hindered from returning out of the faid ports or roads, but shall remove and depart, when and whither they please, without any let or impediment.

XI. Likewise, if any fhips belonging to either confederate, their people and fubjects, fhall, within the coafts or dominions of the other, ftick upon the fands, or be wrecked (which God forbid) or fuffer any damage, the perfons fhipwrecked and caft on the fhore fhall in no fort be kept prifoners, but, on the contrary, all friendly affiftance and relief fhall be administered to their distress, and letters of fafe-conduct given them for their free and quiet paffage thence, and the return of every one to his own country.

XII. But when it shall happen, that the fhips of

[ocr errors]

either (as is above-mentioned) through danger of the fea, or other urgent caufe, be driven into the ports and havens of the other, if they be three or four together, and may give just ground of fufpicion, they fhall immediately upon their arrival acquaint the governor or chief magiftrate of the place with the cause of their coming, and shall stay no longer than the faid governor or chief magiftrate will permit, and fhall be requifite for the furnishing themselves with victuals, and reparation of their fhips: and they fhall always take care not to carry out of their ships any goods or packs, expofing them to fale, neither fhall they receive any merchandize on board, nor do any thing contrary to this treaty.

XIII. Both parties fhall truly and firmly observe and execute this prefent treaty, and all and every the matters therein contained, and effectually cause the same to be observed and performed by the fubjects and inhabitants of either nation.

XIV. No private injury fhall in any fort weaken this treaty, nor beget hatred or diffentions between the forefaid nations, but every one shall answer for his own proper fact, and be profecuted thereupon; neither fhall one man fatisfy for the offence of another by reprifals, or other fuch like odious proceedings, unlefs juftice be denied, or unreasonably delayed, in which cafe it shall be lawful for that King, whofe fubject hath fuffered the lofs and injury, to take any courfe according to the rules and method of the law of nations, until reparation be made to the sufferer.

XV. The present treaty fhall in nothing derogate from any pre-eminence, right, or dominion, of either confederate in the American feas, channels, or waters, but that they have and retain the fame in as full and ample manner as may of right belong unto them: but it is always to be understood, that the liberty of navigation ought in no manner to be disturbed, where nothing is committed against the genuine fenfe and meaning of these articles.

D 4

XVI. Lastly,

XVI. Lastly, The folemn ratifications of this prefent treaty and agreement, made in due form, shall be delivered on both fides, and mutually exchanged within the space of four months from this day; and within eight months, to be computed from the faid exchange of the inftruments (or fooner if poffible) they fhall be published in all convenient places throughout the kingdoms, ftates, iflands, and dominions of both confederates, as well in the Weft Indies as elfewhere.

In teftimony of all and fingular the contents hereof, we the above-mentioned plenipotentiaries havefigned and fealed this prefent treaty, at Madrid, the day of July, in the year of our Lord 1670.

[ocr errors]

The Count of Penaranda,

(L. S.)

William Godolphin,
(L. S.)

[The following is printed from the Treaty, which was published by authority in 1714.]

Treaty of Peace and Friendship between the Moft Serene

and Moft Potent Princess Anne, by the Grace of God, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. and the Moft Serene and Moft Potent Prince Philip the Fifth, the Catholic King of Spain, concluded at Utrecht the Day of July, 1713.



ANNE, by the grace of God, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. To all and fingular to whom thefe prefents fhall come, greeting. Whereas a certain treaty of peace. and friendship, between us and our good brother Philip the Fifth, Catholic King of Spain, was concluded and figned at Utrecht the day of this prefent month, by our ambassadors extraordinary and plenipotentiaries,


« PreviousContinue »