the half shall be for the King of the Country where the crime is committed, and the other half for the Denunciator, for the which he may sue his right before any competent Judge of the Country where it shall happen.

ARTICLE VII.

Freedom of Commerce.

That it shall be lawful for the Subjects of the King of Great Britain to bring out and carry into Spain, and all or any Lands and Dominions of the King of Spain (where heretofore they have used trade and commerce) and trade there with all kinds of merchandise, cloths, manufactures, and things of the Kingdom of Great Britain, and the manufactures, goods, fruits, and kinds of the Islands, Towns, and Plantations to him appertaining, and what shall have been bought by English Factors on this side, or further on the other side of the Cape of Buena Esperança, without being enforced to declare to whom, or for what price they sell their said merchandise and provisions, or being molested for the errors of the Masters of the Ships, or others, in the entry of the goods; and at their pleasure to return again out of the Dominions of the King of Spain, with all, or any goods, estates, and merchandise, to any of the Territories, Islands, Dominions, and Countries of the King of England, or to any other place, paying the rights and tributes mentioned in the antecedent Chapters; and the rest of all their lading which is not brought to land, they may detain, keep, and carry away in their said Ship or Ships, Vessel or Vessels again, without paying any right or imposition whatsoever for it, as if therewith they had never been within any Bay or Port of the Catholic King. And all the goods, estates, merchandise, Ships, or other Vessels, with any things introduced into the Dominions or places of the Crown of Great Britain as Prizes, and judged for such in the said Dominions and places, shall be taken for goods and merchandise of Great Britain, comprehended so by the intention of this Article.

ARTICLE VIII.

Importation into Spanish Dominions of East Indian Products.

That the Subjects and Vassals of the Most Serene King of Great Britain may bring and carry to all and singular the Dominions of the King of Spain, any fruits and commodities of the East Indies, it appearing by testimony of the Deputies of the East India Company in London, that they are of, or have come from the English Conquests, Plantations or Factories, with like privilege, and according to what is allowed to the Subjects of the United Provinces, by the Royal Cedulas of Contravando, bearing date the 27th of June, and the 3rd of July, 1663, and published on the 30th of June, and 4th of July the same year. And for what

may concern both the Indies, and any other parts whatsover, the Crown of Spain doth grant to the King of Great Britain and his Subjects, all that is granted to the United States of the Low Countries and their Subjects, in their Treaty of Munster, 1648,* point for point, in as full and ample manner as if the same were herein particularly inserted, the same rules being to be observed whereunto the Subjects of the said United States are obliged, and mutual offices of friendship to be performed from one side to the other.

ARTICLE IX.

Privileges and Immunities to British Merchants in Spanish
Dominions granted by Cedulas.

That the Subjects of the King of Great Britain, trading, buying, and selling in any of the Kingdoms, Governments, Islands, Ports, or Territories, of the said King of Spain, shall have, use, and enjoy all the privileges and immunities which the said King hath granted and confirmed to the English Merchants that reside in Andalusia, by his Royal Cedulas or Orders, dated the 19th day of March, the 26th day of June, and the 9th day of November, 1645. His Catholic Majesty by these Presents re-confirming the same as a part of this Treaty between the 2 Crowns. And to the end that it be manifest to all, it is consented, that the said Schedules (as to the whole substance thereof), be passed and transferred to the body of the present Articles, in the name and favour of all and singular the Subjects of the King of Great Britain, residing and trading in any places whatsoever within His Catholic Majesty's Dominions.

ARTICLE X.

Vessels.-Search by Customs Officers.

That the Ships, or any other Vessels that shall belong to the King of Great Britain, or his Subjects, navigating into the King of Spain's Dominions, or any of his Ports, shall not be visited by the Judges of Contraband, or by any other Officer or Person, by his own, or by any other authority; nor shall any Soldiers, Armed Men, or other Officers or Persons, be put on board any of the said Ships or Vessels; nor shall the officers of the Custom House of the one or the other Party, search in any Vessels or Ships belonging to the People of the one or the other, which shall enter into their Regions, Dominions, or respective Ports, until their said Ships or Vessels are unladen, or until they have carried on shore all the lading and merchandise which they declare they resolve to disembark in the said Port; nor shall the Captain, Master, or any other of the Company of the said Ships be imprisoned, or they or their Boats detained on shore; but in the interim, Officers of the Custom House may be put on board the said Vessels or Ships, so

* See p. 807.

they exceed not the number of 3 for each Ship, to see that no goods or merchandise be landed out of the said Ships or Vessels, without paying such Duties as by these Articles either Party is obliged to pay which said Officers are to be without any charge to the Ship or Ships, Vessel or Vessels, their Commanders, Mariners, Company, Merchants, Factors, or Proprietors. And when it happens that the Master or Owner of any Ship shall declare the whole lading of his said Ship is to be discharged in any Port, the entry of the said lading shall be made in the Custom House after the usual manner; and if, after the entry made, any other goods be found in the said Ship or Ships, more than what are contained in the said entry, 8 working days shall 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 confiscation of them prevented and in case that, in the time limited, the entry or manifestation of them shall not have been made, then such particular goods only, which shall be found, as aforesaid, though the unlading be not finished, shall be confiscated, and not any other other; nor shall other trouble be given, or punishment inflicted on the Merchant or Owner of the Ship; and when the Ships or Vessels are reladen, they may have freedom to go out again.

ARTICLE XI.

Freedom of Navigation.

That the Ship or Ships appertaining to the one or the other King, or to their respective People and Subjects, that shall enter into any Ports, Lands, or Dominions of the one or the other, and shall discharge any part of their goods and merchandises in any Port or Haven, being consigned with the rest to other places within or without the said Dominions, shall not be obliged to register or pay the rights of any other goods or merchandise, than of that which they shall unlade in the said Port or Haven, nor be constrained to give bond for the goods they shall carry to other places, nor any other security if it be not in case of felony, debt, treason, or other capital crime.

ARTICLE XII.
Drawbacks.

Whereas the one moiety of the Custom of all foreign goods and merchandises imported into England, is allowed and returned back to the Importer, if the said goods be exported out of the said Kingdom within 12 months after the first landing, upon oath made that they are the same goods which paid Custom inwards, and that if they be no reshipped within the said 12 months, yet they may at all times be exported without paying any Custom or Duty outwards it is therefore agreed that if any the Subjects of the

King of Great Britain shall hereafter land any goods or merchandise, of what growth or nature soever they be, in any of the Ports of His Catholic Majesty, and having entered them, and paid the Custom which by this Treaty ought to be paid, and shall afterwards desire to transport them, or any part of them, to any other place whatsoever, for a better market, it shall and may be lawful for him or them so to do freely, without paying or being demanded any other Custom or Duty at all for the same, he or they making oath, if required thereunto, that they are the same goods for which Custom was paid at their landing and in case that the Subjects, People, and Inhabitants of the Dominions of either Party shall unlade or have in any City, Town, or Village respectively, any goods, merchandises, fruits, or estates, and have paid the Customs due, according to what hath been declared, and after that, not being able to put them off, shall resolve to remit them to some other City, Town, or Village of the said Dominions, they may not only do it without difficulty or impediment, and without paying other rights than what were due at their entry, but likewise the Custom or rights shall not be paid again in any other part of the said Dominions, bringing Certificates from the Officers of the Custom House that they were paid before in the due form. And the chief Farmers and Commissioners of the King of Spain's Rents in all places or some other Officer or Officers to be appointed for that purpose, shall at all times permit and suffer the transportation of all such goods and merchandises from place to place, and give sufficient Certificate to the Owners thereof, or their Assigns, of their having paid their Custom at their first landing, whereby they may be carried to, and landed at any other Port or place of the said jurisdiction, free from all Duties or Impediments whatsoever, as aforesaid, saving always the right of any third Person.

ARTICLE XIII.

Vessels in Distress.

That it shall be lawful for the Ships belonging to the Subjects, of the one or the other King, to anchor in the Roads or Bays of either, without being constrained to enter into Port; and in case they be necessitated to enter thereinto, either by distress of weather, fear of Enemies, Pirates, or any other accident, in case the said Ships be not bound to an Enemy's Port, and carrying thither Contraband goods (whereof, without some clear proof, they shall not be questioned) it shall be lawful for the said Subjects to return to sea freely, when they please, with their Ships and goods, so as they do not break bulk, or expose anything to sale; and that when they cast anchor, or enter the Ports aforesaid, they be not molested or visited; and it shall suffice, that, in this case, they show their Passports or Sea-papers, which, being seen by the respective Officers of either King, the said Ships shall return freely to sea without any molestation.

[536]

3 G

ARTICLE XIV.

Examination of Vessels' Papers by Vessels of War.-Passports.

And if any Ship or Ships belonging to the Subjects and Merchants of the one or the other, entering into Bays, or in the open Sea, shall be encountered by the Ships of the said Kings, or of Privateers, their subjects, the said Ships, to prevent all disorders, shall not come within cannon-shot, but shall send their Long-boat, or Pinnace, to the Merchant-Ship, and only 2 or 3 men on board, to whom the Master or Owner shall show his Passports and Sealetters, according to the form which shall be inserted at the end of this Treaty, whereby, not only the Ship's lading, but the place to which she belongs, and as well the Master and Owner's name, as the name of the Ship may appear; by which means the quality of the Ship, and her Master or Owner, will be sufficiently known, as also the commodities she carries, whether they be Contraband or not to the which Passports and Sea-letters entire faith and credit shall be given, so much the rather for that, as well on the part of the King of England as of the King of Spain, some countersigns shall be given (if it shall be found necessary), whereby their authenticity may the better appear, and that they may not be in any wise falsified.

ARTICLE XV.

Export of Prohibited Articles.

If any prohibited merchandise or goods shall be exported from the Kingdoms, Dominions, and Territories of either of the said Kings, by the respective People or Subjects of the one or the other, in such case the prohibited goods only shall be confiscated and not the other goods; neither shall the Delinquent incur any other punishment, except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain, the proper coin, wool, or fullers'-earth of the said Kingdoms; or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any gold or silver, wrought or unwrought; in either of which cases the Laws of the respective Countries are to take place.

ARTICLE XVI.

Access to Ports by Vessels of War and Merchant-Vessels.

That it shall be lawful for the People and Subjects of both Kings to have access to the respective Ports of the one and the other, and there remain and depart again with the same freedom, not only with their Ships and other Vessels for trade and commerce, but also with their other Ships fitted for War, armed and disposed to resist and engage the Enemy, and arriving by stress of weather to repair their Ships, or furnish themselves with provisions; so that, entering willingly, they be not so numerous that