SPAIN. Vol. I. Ch. II. trade, to nominate some one person, being a subject of Spain, who shall execute the office of Judge Conservator there, and shall at the first instance take cognizance of all Causes relating to the commerce of the British subjects; and His Royal Majesty promises, that He will grant commissions to such Judge Conservator so named, together with the same authority, and all the privileges which the Judges Conservators have formerly enjoyed in Andalusia. And if the British subjects shall desire to have more Judges of that sort there, or to change those that are appointed every three years, it shall be allowed and granted them. His Catholic Majesty consents likewise, that appeals from the sentences of the said Judge Conservator, shall be brought before the tribunal at the Council of War at Madrid, and no where else. Treaty of Commerce between Great Britain and Spain. Signed at Madrid the 14th of Dec. 1715. (1). In witness whereof, we the under written Ambassadors Extraordinary, and Plenipotentiaries of Her Sacred Majesty of Great Britain, and of His Sacred Catholic Majesty, have signed and sealed these presents at Utrecht, the 9th day of Dec. 1713. Signed JOH. BRISTOL, (L.S.) DUC DE OSSUNA, (L.S.) EL MARQUE DE MONTELEON, (L.S.) Whereas, since the Treaties of Peace and Commerce, lately concluded at Utrecht, on the 13th of July and 9th of December 1713, between His Catholic Majesty, and Her late Majesty the Queen of Great Britain (of Glorious Memory) some differences remained about commerce, and the course thereof; their Catholic and Britannic Majesties, being inclined to maintain and cultivate a firm and inviolable peace and friendship, have (for attaining so good an end) by the two ministers reciprocally and in due form authorized for this purpose, caused the following Articles to be concluded and signed: 1. The British subjects shall not be obliged to pay higher or other duties for goods which they shall bring in or carry out of the several ports of His Catholic Majesty, than those which they paid for the same goods in the time of King Charles II. settled by Cedules and ordinances of the said King or His predecessors; and though the favour or allowance called pie del fardo, be not founded on any Royal Ordinance, yet His Catholic Majesty declares, wills, and ordains, that it shall be observed now and for the future, as an inviolable law; which duties shall be demanded and collected, now and for the future, with the same advantages and favours to the said subjects. 2. His Catholic Majesty confirms the Treaty made by the British merchants with the Magistrates of St. Ander, in the year 1700. 3. His Catholic Majesty allows the said subjects to gather salt in the Island of Tortudos, they having enjoyed that permission in the time of King Charles the Second without interruption. 4. The said subjects shall not any where pay higher or other duties than those which His Catholic Majesty's subjects pay in the same place. 5. The said subjects shall enjoy all the rights, privileges, franchises, exemptions, and immunities whatsoever, which they enjoyed before the last war, by virtue of the Royal Cedulas or Ordinances, and by the Articles of the Treaty of peace and commerce, made at Madrid in 1667, which is fully confirmed here; and the said subjects shall be used in Spain in the same manner as the most favoured nation, and consequenty all nations shall pay the same duties on wool and other merchandize which shall be brought into, (1) Renewed by Article 2. of the Treaty of Versailles, 1783. SPAIN. or carried out of these kingdoms by land, as the said subjects pay on the Vol. I. Ch. II. same goods which they shall import or export by sea; and all the rights, privileges, franchises, exemptions, and immunities, which shall be granted or permitted to any nation whatever, shall likewise be granted and permitted to the said subjects; the same shall be granted, observed, and permitted to the subjects of Spain in the Kingdoms of His Britannic Majesty. 6. And as there may have been innovations in commerce, His Catholic Majesty promises to use all possible endeavours on his part for abolishing them; and for the future will, by all sorts of means, cause them to be forborn. In the like manner His Britannic Majesty promises to use all possible endeavours for abolishing all innovations on His part, and for the future, will by all sorts of means cause them to be forborn. 7. The Treaty of commerce, made at Utrecht, on the 9th of December 1713, shall remain in force, those Articles excepted which shall appear to be contrary to what is concluded and signed this day, which shall be abolished and of no force, and especially the three Articles commonly called explanatory; and these presents shall be approved, ratified, and exchanged on both sides within the term of six weeks, or sooner if it be possible. In witness whereof, and by virtue of our full powers, we have signed these presents, at Madrid, on the 14th day of December 1715. Signed GEORGE BUBB, (L.S.) EL. MARG. DE BEDMAR, (L.S.) France). Signed at Seville, the 9th of Novem ber 1729. (1) I. There shall be from this time and for ever, a solid peace, a strict union, Treaty between and a sincere and constant friendship, between the Most Serene King of Great Britain Great Britain, the Most Serene Most Christian King, and the Most Serene and Spain (and King of Spain, their Heirs and Successors, as also between their Kingdoms and subjects, for the mutual assistance and defence of their Dominions and interests; there shall likewise be an oblivion of all that is past, and all the former Treaties and Conventions of peace, of friendship, and of commerce, concluded between the Contracting Powers respectively, shall be, as they hereby are, effectually renewed and confirmed, in all those points which are not derogated from by the present Treaty, in as full and ample a manner as if the said Treaties were here inserted word for word, Their said Majesties promising not to do any thing, nor suffer any thing to be done, that may be contrary thereto, directly or indirectly. 3. The Ministers of His Britannic Majesty, and of His Most Christian Majesty, having alleged, that in the Treaties concluded at Vienna, between the Emperor and the King of Spain, in the year 1725, there were divers Clauses that infringed the Articles of the several Treaties of commerce, or of the Treaties of peace in which commerce may be concerned, antecedent to the year 1725; His Catholic Majesty has declared, as He declares by the present Article, that he never meant to grant, nor will suffer to subsist by virtue of the said Treaties of Vienna, any privilege contrary to the Treaties here above confirmed. 4. It having been agreed by the Preliminary Articles, that the commerce of the English and French nations, as well in Europe as in the Indies, should be re-established on the foot of the Treaties and Conventions antecedent to the year 1725, and particularly that the commerce of the English nation in America should be exercised as heretofore: it is agreed by the present Article, that all necessary orders shall be dispatched on both sides, without any delay, if they have not been sent already, as well for the execution of SPAIN. Vol. I. Ch. II. the said Treaties of Commerce, as for supplying what may be wanting for the entire re-establishment of commerce on the foot of the said Treaties and Conventions. Separate Articles. Treaty between drid, the 5th of Done at Seville, the 9th of November 1729. 1. Although, conformably to the Preliminary Articles, it is said in the fourth Article of the Treaty signed this day, that the commerce of the English nation in America should be re-established on the foot of the Treaties and Conventions antecedent to the year 1725; however, for the greater exactness, it is further declared by the present Article, between Their Britannic and Catholic Majesties, which shall have the same force, and be under the same guaranty as the Treaty signed this day, that under that general denomination are comprehended the Treaties of peace and of commerce, concluded at Utrecht the 13th of July, and 9th of December, in the year 1713, in which are comprized the Treaty of 1667, made at Madrid, and the Cedulas therein mentioned, the latter Treaty made at Madrid the 14th of December 1715, &c. &c.; all which Treaties mentioned in this Article, with their Declarations, shall from this day (even during the examination by the Commissaries) be and remain in their force, virtue, and full vigour; for the observation of which His Catholic Majesty shall cause to be dispatched forthwith, if they have not been dispatched, the necessary orders and Cedulas to His Viceroys, Governors, and other Ministers, to whom it shall appertain, as well in Europe as in the Indies, to the end that without any delay or interruption they may cause them to be observed and fulfilled. In like manner His Britannic Majesty promises and engages to publish the necessary orders, if any be wanting, for re-establishing the commerce of the subjects of Spain in all the countries under His Dominion, on the foot specified by the said Treaties, and for causing them to be exactly observed and fulfilled. Done at Seville, the 9th of November 1729. Signed W. STANHOPE, (L.S.) B. KEENE, (L.S.) EL. MARQ. DE LA PAZ, (L.S.) BRANCAS, (L.S.) 4. His Catholic Majesty consents hereby that the British subjects be not obliged to pay higher or other duties, nor upon any other estimate of the merchandizes that they import to, or export from, the several ports belonging to His Catholic Majesty, than those they have paid for the said merchandizes in the reign of Charles II. King of Spain; which were regulated by the Schedules and ordinances of the said King or by those of His predecessors. And though the pie del fardo (Regulation of the duties, &c.) is not grounded upon any Royal ordinance, His Catholic Majesty, this notwithstanding, does hereby declare and it is His pleasure to order, that the same be observed at present and for the future, as an inviolable law; and that all manner of duties shall be demanded and received at present and henceforward in the same advantageous and favourable manner as granted to the said subjeets. 5. His Catholic Majesty does hereby allow and permit the said subjects to take and gather salt in the Island of Fortudos, without any hindrance, and in the manner as they have done it during the reign of the said.. Charles II. (1) Renewed by Article 2. of the Treaty of Versailles, 1783. SPAIN. b. His Catholic Majesty consents by these, that the said subjects shall not Vol I. Ch. II. pay in any part whatever, higher or other imposts than those that His Catholic Majesty's subjects do pay in the same place. 7. His Catholic Majesty does hereby allow and consent that the said British subjects shall enjoy all those rights, privileges, franchises, exemptions, and immunities, which they did enjoy before the last war, by virtue and in consequence of the Schedules or the Royal ordinances that were made thereupon, and agreeable to the Treaty of peace and commerce that has been made at Madrid in the year 1667; and that the said subjects shall be treated in Spain in the same manner as those of the most favoured nation; and that, consequently, no nation whatever shall pay less duties for the wools and other merchandizes that are brought or carried away by them from the Kingdoms of Spain by land, than the said subjects shall pay for the same merchandizes that they shall import or export, by sea; and that all the rights, privileges, franchises, exemptions, and immunities, that are or shall be granted or allowed to any other nation shall be likewise granted and allowed to the said British subjects, and His Britannic Majesty does hereby consent that the same be granted and allowed to the subjects of Spain in His Britannic Majesty's Kingdoms. 8. His Catholic Majesty promises hereby to apply, on His part, His utmost care to take off and abolish all the innovations that had been introduced in the commerce, and that the same may be avoided for the future: His Britannic Majesty does hereby likewise promise, on His part, to apply His utmost care to take off all the innovations, and to avoid the same for the future. 9. Their Catholic and Britannic Majesties do confirm, by the present Treaty, that of Aix-la-Chapelle, as also all the other Treaties thereby confirmed in all their Articles and Clauses, excepting, however, those that are derogatory to the present Treaty; as likewise the Treaty of commerce that was concluded at Utrecht in the year 1713, excepting likewise those Articles that shall be found therein in contradiction to the present Treaty, which are by this abolished and of no force, and especially the three Articles of the said Treaty of Utrecht, commonly called Explanatory Articles. Given at Madrid, the 5th of October 1750. B. KEENE, (L.S.) JOSEPH DE CARVAJAL Y LANCASTER, (L.S.) 10th of Feb. 1763. (1) 2. The Treaties of Westphalia, of 1648; those of Madrid between the Definitive Treaty Crowns of Great Britain and Spain, of 1667 and 1670; the Treaties of Peace between Great of Nimeguen, of 1678 and 1679; of Riswick, of 1697; those of Peace and of Britain and Commerce of Utrecht, of 1713; that of Baden, of 1714; the Treaty of the Spain (and France). Signed Triple Alliance of the Hague of 1717; that of the Quadruple Alliance of at Paris, the London, of 1718; the Treaty of Peace of Vienna, of 1738; the Definitive Treaty of Aix-la-Chapelle, of 1748; and that of Madrid, between the Crowns of Great Britain and Spain, of 1750; as well as the Treaties between the Crowns of Spain and Portugal, of the 13th of February 1668, of the 6th of February 1715, and of the 12th of February 1761; and that of the 11th of April 1713, between France and Portugal, with the guaranties of Great Britain; serve as a basis and foundation to the Peace, and to the present Treaty and for this purpose, they are all renewed and confirmed in the best form, as well as all the Treaties in general, which subsisted between the high Contracting Parties before the war, as if they were inserted here word, : Vol. I. Ch. II. Definitive Treaty between Great Britain and Spain, Signed at Versailles, 3d September 1783. (1) for word, so that they are to be exactly observed for the future, in their 16. The decision of the prizes, made in time of peace, by the subjects of Great Britain, on the Spaniards, shall be referred to the Courts of Justice of the Admiralty of Great Britain, conformably to the rules established among all nations, so that the validity of the said prizes, between the British and Spanish nations, shall be decided and judged, according to the law of nations, and according to Treaties, in the Courts of Justice of the nation who shall have made the capture. 17. His Britannic Majesty shall cause to be demolished all the fortifications which His subjects shall have erected in the Bay of Honduras, and other places of the Territory of Spain in that part of the world, four months after the ratification of the present Treaty: and His Catholic Majesty shall not permit His Britannic Majesty's subjects, or their workmen, to be disturbed, or molested, under any pretence whatsoever, in the said places, in their occupation of cutting, loading, and carrying away logwood: and for this purpose, they may build without hindrance, and occupy without interruption, the houses and magazines which are necessary for them, for their families and for their effects: and His Catholic Majesty assures to them, by this Article, the full enjoyment of those advantages and powers on the Spanish coasts and Territories, as above stipulated, immediately after the ratification of the present Treaty. 18. His Catholic Majesty desists, as well for himself, as for His successors, from all pretension, which He may have formed, in favour of the Guipuscoans, and other His subjects, to the right of fishing in the neighbourhood of the Island of Newfoundland. Done at Paris, 10th February 1763. CHOISEUL, Duc de Praslin, (L.S.) 1. There shall be a christian, universal, and perpetual peace, as well by sea as by land, and a sincere and constant friendship shall be re-established between Their Britannic and Catholic Majesties, and between their heirs and successors, Kingdoms, Dominions, Provinces, Countries, Subjects, and Vassals, of what quality or condition soever they be, without exception either of places or persons; so that the high Contracting Parties shall give the greatest attention to the maintaining between themselves and their said Dominions and subjects, this reciprocal friendship and intercourse, without permitting hereafter, on either Part, any kind of hostilities to be committed, either by sea or by land, for any cause, or under any pretence whatsoever; and they shall carefully avoid, for the future, every thing which might prejudice the union happily re-established, endeavouring, on the contrary, to procure reciprocally for each other, on every occasion, whatever may contribute to their mutual glory, interests, and advantage, without giving any assistance or protection, directly or indirectly, to those who would do any injury to either of the high Contracting Parties. There shall be a general oblivion and amnesty of every thing which may have been done or com (1) Confirmed by the 1st additional Article to the Treaty of 5th July 1814. |