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heirs, or those to whom their cause is intrusted, and restitution shall be Vol. I. Ch. II. made of those goods, whether lands, buildings, or inheritance, or of what sort soever they are which remain and were confiscated, and the just and lawful price of those goods which cannot be recovered, whether moveable or immoveable shall be paid; and Their Majesties have articled and agreed that the said payments (the pretensions to them being, as is aforesaid, fully proved) shall faithfully be performed and made by their treasurers on each

Part.

8. It is agreed, and His Catholic Majesty will give effectual orders to that purpose, that the duties upon fish and other provision, called Millon, shall not be demanded in the place where the said wares first arrive; but the said duties shall be paid according to the ancient custom established by law, only in the place of consumption and when the wares are sold, and not before.

9. His Catholic Majesty promises, that those merchandizes which are not particularly mentioned in the catalogue of rates, which is to be made according to the third Article of this Treaty, shall be charged with the same duties in proportion to their value, and no greater than those which are laid upon merchandizes named in the said catalogue of rates. And if any difference aris 3 between the farmers of the Custom-houses or Commissaries, and any merchant concerning the value of any wares, it shall be in the choice of the merchant to sell his wares to the farmer or Commissary at the price the farmer of the Custom-house valued them at, (which price shall be immediately paid in ready money, the duties only deducted) or else to give part of his merchandizes at the rate set upon them, as hath been mentioned, to the farmer or Commissary instead of the duty, and retain the

rest.

10. It is agreed, that in case the British subjects shall bring any wares from any part of the coasts of Africa into Spain, and the same shall be admitted to pay the duties, those being duly paid, the said wares shall not afterwards be charged, either by the Captains-General of the coasts, or Commanders of the harbours, or any body else, with any other duties, under what name or title soever, excepting such as are payable in general, for all wares of the same sort, at the time of their sale.

of Spain

11. The masters of merchant ships who shall enter into any port with their ships, shall be obliged within twenty-four hours after their ar rival to deliver two declarations or inventories of their wares, or of that part of them which they are to unlade there, viz. one declaration to the farmer of the Custom-houses or Commissary, and another to the judge of the contraband, nor shall they open the hatches of their ships till they either have searchers with them, or have leave given them by the farmer of the Custom-houses to do it. No wares shall be unladen with any other view than that of being immediately carried to the Custom-houses, according to a permission which shall be given in writing for that end. It shall not be lawful however for any of the judges of contraband, or other officers of the Custom-houses, under any pretence whatsoever, to open any bags, chests, hogsheads, or other covers of any wares whatsoever, belonging to the subjects of Great Britain, while they are carrying to the Custom-house and before they are brought thither, and the proprietor of them, or his factor, is also come, who may discharge the duties and take the duties into his own custody. But the said judges of contraband, or their deputies, may be present when the wares are taken out of the ships, and also when they are declared and laid open in the custom-house, and if there be suspicion of

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Vol. I. Ch. II. deceit, as that it is designed to lay open one merchandize instead of another, it shall be lawful for him to open all the bags, chests, and hogsheads, so this be done in the Custom-house and no other place, and in the presence of the merchant, or his factor, and not otherwise. But when the goods have been exposed, and carried away from the Custom-house, and the chests, hogsheads, or other covers containing them, have been marked with the sign or seal of the proper officer, no judge of the contraband, or other officer, shall presume to open them again, or to hinder them from being carried to the merchant's house. Neither shall it be lawful for them, under any pretence whatsoever, to hinder the said goods from being carried from one house or warehouse to another, within the walls or compass of the said city or place, provided that be done between the hours of eight in the morning and five in the evening, and previous notice be given to the farmers of the rights "de Alcavalos and Cientos," of the intent with which those goods are removed, to wit, whether it be that they should be sold, that in that case those duties if not paid before, may be paid there or at the place of sale; or if they are not to be sold, then a certificate may be given, after the usual manner, to the merchant. Furthermore, it shall be lawful to carry wares from any port or place within the King of Spain's Dominions to any other port or place, either by sea or land, under such conditions as are expressed in the 5th Article of this Treaty.

12. The duties upon merchandize brought into the Canary Islands, exported from thence by British subjects, shall not be greater than those that were paid in the reign of the late King Charles the Second, or such as shalĮ become payable by the new book of rates.

13. The subjects of each of Their Majesties who are in debt to the subjects of the other, whether the debts were contracted before the beginning of the said war, or within the space of six months after it was begun, (or during the war, under the protection of letters of safe conduct) or lastly, after a truce was made between the Two Crowns, shall be bound and obliged faithfully to pay the same, in the same manner as if war had never arose between the Two Crowns, nor shall they be permitted to raise any exceptions against the just demands of their creditors on pretence of the war.

14. His Catholic Majesty gives leave to the subjects of Great Britain to settle themselves, and dwell in the town called St. Ander, upon the terms that are expressed in the 9th and 30th Articles of the Treaty of 1667.1

15. As to the judge conservator, and others to be substituted by him, if this privilege be granted to any other foreign nation whatsoever, the subjects of Great Britain shall likewise enjoy it. In the mean time however, and until something certain shall be determined in this matter, His Catholic Majesty will give express orders to all and every one of the judges of His Kingdom, and to all others whomsoever, who are any ways concerned in the administration or execution of justice, and shall enjoin the same, under the strictest penalties, to do justice, and cause it to be executed, without any delay, partiality, favour, or affection, in all Causes relating to the subjects of Great Britain.

The Catholic King consents, that appeals from sentences in Causes concerning the British subjects, may be brought before the tribunal of the council of war at Madrid, and no where else.

16. If any minister or other subject of Her Majesty of Great Britain, or of His Catholic Majesty, shall violate this Treaty, or any Article of it, he shall be responsible for all the damage occasioned by it, and if he be placed in any public office, he shall, besides making satisfaction to the injured party (as is aforesaid) be deprived of his office also.

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17. The subjects of Great Britain having brought by sea from any other Vol. I. Ch. II. port in Spain, wine, brandy, oil, soap, dried grapes, or other merchandizes, and producing certificates that the duties were paid at the place whence they set sail, shall be suffered to put the same into their ships lying at Cadiz, or there to remove them from one ship to another (with the consent of the inspectors of the maritime affairs, and in the presence of them, or their deputies, if they have a mind to be there, and at a seasonable time, to be appointed by the said inspectors within four and twenty hours, in order to prevent all frauds whatsoever) and to carry away from thence, with this liberty, that they shall not pay the duty called Hondeaxe, or any other of entrance or going out.

The present Treaty shall be ratified by the Most Serene Queen of Great Britain, and the Most Serene Catholic King, and the ratifications shall be exchanged at Utrecht, within two months, or sooner if possible.

In witness whereof, we, the under-written Ambassadors Extraordinary, and Plenipotentiaries of the Queen of Great Britain and the Catholic King, have signed and sealed this present Instrument at Utrecht, the 9th day of Dec. 1713.

Signed

JOH. BRISTOL, (L. S.)

DUC DE OSSUNA, (L.S.)

EL MARQUE DE MONTELEON, (L. S.)

We having seen and considered the above-written Treaty, have approved, ratified, and confirmed the same, as we do by these presents, for ourselves, our heirs and successors, approve, ratify, and confirm it, excepting only three Articles thereof, viz, the 3d, 5th, and 8th, concluded at Utrecht, which are to be observed and understood in the manner and form following:

3. Whereas by the late Treaty of Peace it is agreed and established as a basis and foundation, that the subjects of Great Britain, in what regards commerce, shall enjoy the same liberties and privileges which they enjoyed in the reign of King Charles the Second, in all parts of the King of Spain's Dominions, which rule is what is also to serve for a basis and foundation of the present Treaty of Commerce, and is to be understood reciprocally in favour of the King of Spain's subjects trading in the Dominions of Great Britain. And as nothing can contribute more to establish the commerce to a mutual benefit, than a fixed, clear, and easy rule in paying the duties, especially on a moderate footing, and proportionable to the value of the merchandize, in order to prevent the frauds that otherwise would be practised, to the prejudice of the Revenues of either Crown, which has been often experienced in Spain, where the established duties by the ancient books of rates are excessive; in consideration whereof His Catholic Majesty, being desirous to avoid the like consequences, and to favour, augment, and facilitate, in all that depends upon Him, the commerce, in as ample a manner as Her Britannic Majesty desires, hath consented, on His part, to suppress and make void the different duties payable upon importation and exportation, contained in the ancient books of rates, as also those that have been imposed since, under any name or pretence whatsoever, and content himself with one only duty, to be paid on importation of all goods and merchandize, after the rate of 10 per cent. of their value; and the like duty upon all goods and merchandize which shall be exported out of His Dominions, whether the valuation be made by weight, measure, piece, or ad valorem; and the same duty shall be collected in all the ports of entry in Spain, comprehending those of Arragon, Valencia, and Catalonia, excepting out of this general rule Biscaya and Guipuscoa, whose duties of importation and exportation are to remain as they were in the time of Charles the Second. And that the said 10 per cent. being once paid, the farmers or officers of the Custom-houses

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Vol I. Ch. II. where those goods shall be entered, shall be obliged to mark the same with the proper seals and marks of their office, and also give the requisite dispatches; by virtue of which the proprietors of the goods may freely transport them to all the other parts of Spain where they please, without being liable to pay any other duty, imposition, or charges to the use or benefit of His Catholic Majesty, in any ports or parts of Spain whatsoever, in respect of transporting the said merchandize, over and above what they have paid in pursuance of this new Arancel, provided the receipts and marks are produced; in default of which, they shall be esteemed to be fraudulently transported. But it is to be understood, that it is not to extend to the Alcavalas, Cientos, and Millones, in relation to which provision is made in the 5th and 8th Articles of this Treaty.

And for as much as the Ambassador of England hath represented, that to avoid all differences and disputes for the future, it is absolutely necessary to establish a certain valuation or rate of the several sorts of merchandize, by which the said duty of 10 per cent. shall always be paid, and not altered, either by means of the augmentation or diminution of the price of the said merchandize, which may hereafter happen in the commerce, in any time, or in any part of the Kingdom; it is agreed by Their Catholic and Britannic Majesties, by their Ambassadors, that in the term of three months from the ratification of this Treaty, or sooner if possible, Commissaries named and authorized by both Their Majesties in due form, shall meet at Madrid or in Cadiz, who, without loss of time, shall proceed to the forming a new book of rates, in such a manner as to fix and limit what shall be paid for the future on all sorts of merchandize, as well upon importation as exportation; and so as that all the different duties which were payable, either before or in the time of Charles the Second, or since, under whatsoever name or pretence, or collected in different Custom-houses or offices, shall be comprehended in this only duty, payable in one sum, whether upon importation or exportation in all the ports of Spain, and shall extend to the Kingdoms of Arragon, Valencia, and Principality of Catalonia, and their dependencies, excepting only the Provinces of Guipuscoa and Biscaya, of which mention has been already made. And whereas great instances have been made by the Ambassador of Great Britain, that directions be given to the said Commissaries, that they take care, and above all, do observe as a fixed rule, that this duty be laid equally and generally in all the ports and Custom-houses of Spain, upon the importation and exportation of all goods and merchandize, after the rate of 10 per cent. of the value which such goods and merchandize bear in the course of trade, between the merchants of Cadiz and Port St. Mary's, to which the Ambassadors of Spain have consented; always provided, that the goods and commodities which shall be imported into the Kingdom of Spain by the Ports of Biscaya and Guipuscoa, and afterwards transported into the other Provinces depending on the Kingdoms of Castille and Arragon, shall be obliged to pay, at the first Custom-house of entry into the said Kingdoms, the duties which shall be established in this new book of rates.

5. To prevent the abuses that may be committed in collecting the duties. called Alcavalas and Cientos, His Catholic Majesty consents that the subjects of Her Britannic Majesty shall not be obliged to pay these duties, during such time as they think fit to let their merchandize remain in the magazines of the custom-houses appointed for that purpose; but when they shall think fit to take out the said goods, either to be transported farther into the country, sell them in the same place, or carry them to their own houses, it shall be permitted them so to do, upon giving his bond, with sufficient security, to pay the said duties of Alcavalas and Cientos for the first sale in two months after the date of his bond, upon which he shall have receipts given him for the said duties, and the good shall be marked with the proper mark and seal

of the farmers of the said Alcavalas and Cientos, where such bond and security shall be given for the first sale, after which the said merchandize may be transported and sold by wholesale in any port or place belonging to the King of Spain in Europe; and that no obstruction or hinderance shall be made upon account of the said duties, nor the proprietor liable to pay a second time in respect of the first sale, provided those who carry the said merchandizes produce the receipts and marks of the farmer or proper officer concerned in the collection of these duties, or making sufficient proof of their not being sold before. But if on the contrary, any merchant do sell his goods by retail, he shall be obliged to pay the said duties of Alcavalas and Cientos a second time, under the pains established by the laws. And His Catholic Majesty declares, that if any officer of the Alcavalas and Cientos shall exact a second time the said duties on the same merchandize, when the said receipts and marks have been produced, or should obstruct their passage, or transportation, or occasion the least impediment, such officer shall be fined 2000 crowns to the benefit of His Majesty's revenues. And the officers of the custom-houses shall not demand or take for making such receipts or certificates more than 15 reals vellon, unless it be otherwise settled in the new book of rates.

8. His Catholic Majesty consents, that the duties commonly called Millones, which are payable upon fish and other sorts of domestic provisions, shall not be demanded in the first ports or custom-houses of entry in Spain, during such time as the proprietors will let them remain in the warehouses appointed for that purpose. But in case the owner shall desire to take them out, either to send into the country, sell them on the place, or carry them to their own houses, they are then to give bond, with good security, to pay the said duty of Millones in two months after date of the said bond, upon which the necessary dispatches are to be given them. And the said merchandize shall be marked with the seals or marks of the farmers of the Millones where the said duties were secured, after which the said goods may be transported to, and sold in the places where they are to be consumed, without paying any new duties of Millones. His Majesty also declares, that if after the receipts are produced, any officer belonging to the farmers of the Millones should exact a second time the same duties on the same goods, or should oppose their passage, transport or sale, or occasion the least impediment, the said officer shall be fined 2000 crowns, for the benefit of His Majesty's revenue.

Therefore, by virtue of these presents, we do approve and ratify the Treaty above written, as likewise the three Articles, viz. the third, fifth, and eighth, as they are set forth in this Instrument of ratification, and are to be taken as part of the said Treaty, and to have the same force and effect, as if they had been inserted therein: promising and engaging our Royal word, that we will faithfully and religiously perform and observe all and singular the things agreed upon in this Treaty, and that we will not suffer the same to be violated by any one, as far as lies in our power. For the greater testimony and validity whereof, we have caused our great seal to be affixed to these presents, which we signed with our Royal hand. Given at our Castle of Windsor, the 7th day of February 17+, in the twelfth year of our reign.

Signed

ANNE, R.

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By the present Separate Article, which shall be altogether of the same Separate Article validity and force as if it was inserted word for word in the Treaty of Commerce this day concluded between Their Royal Majesties of Great Britain and Spain, and shall for that end be ratified, as well as the said Treaty; His Catholic Majesty consents, that it shall at all times hereafter be lawful for the British subjects, who shall live in the Canary Islands, for the sake of their