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 3 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. In witness whereof we, the underwritten Ambassadors Extraordinary and Plenipotentiaries of Her Sacred Majesty of Great Britain, and of His Sacred Catholic Majesty, have signed and scaled these Presents at Utrecht, the 28 day of 1713. (L.S.) November (L.S.) JOH. BRISTOL. (L.S.) EL MARQUES DE MONTELEONE. No. 157. TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND SPAIN. Signed at Madrid, December 14, 1715. 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 cause 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 2 Ministers reciprocally and in due form authorized for this purpose, caused the following Articles to be concluded and signed: ARTICLE I. Import and Export Duties in Spanish Ports. 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 Cedulas 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. ARTICLE II. Confirmation of Treaty of 1700 between British Merchants and Magistrates of St. Ander. His Catholic Majesty confirms the Treaty made by the British Merchants with the Magistrates of St. Ander, in the year 1700. ARTICLE III. British Subjects may Gather Salt in Island of Tortudos. 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 IInd without interruption. ARTICLE IV. Duties to be Paid by British Subjects-National Treatment. 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. ARTICLE V. Privileges, Immunities, Exemptions, &c., under Royal Cedulas and Ordinances.-Most-favoured-nation Treatment. 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 consequently all Nations shall pay the same Duties on wool and other merchandise which shall be brought into, or carried out of these Kingdoms by land, as the said Subjects pay on the 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. 3 K [536] ARTICLE VI. Commercial Innovations. 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 forborne. 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 forborne. ARTICLE VII. Confirmation of Treaty of December 9, 1713, with Certain 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 3 Articles commonly called Explanatory; and these Presents shall be approved, ratified, and exchanged on both sides within the term of 6 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 day of December, 1715. (L.S.) GEORGE BUBB. (L.S.) EL MARQ. DE BEDMAR. Annex. TREATY BETWEEN THE BRITISH MERCHANTS AND THE MAGISTRATES OF ST. ANDER, SEPTEMBER 12, 1700. [Referred to in Article II of the preceding Treaty of 14th December, 1715.] (Translation.) ARTICLES arranged by the Magistracy and Ayuntamiento of the Town of Santander with different Merchants of the English Nation, Residents of the Town of Bilboa, on the subject of removing their intercourse, commerce, and residence to Santander, offering them for that object various favours and advantages. In the said Town of Santander, 12th September, 1700. In the very loyal town of Santander, on the 12th day of the month of September, 1700, the Magistracy and Administration thereof, especially and particularly Captain Don Manuel Antonio de Santian, Knight of the Order of Santiago, as the most ancient Regidor, exercising the oflice of Ordinary Alcalde; Captain Don Juan Antonio de Toraya Vereterra; Captain Don Fernando de Herrera; Carreto de Cevallos; Don Juan Manuel de Cevallos Guzman, and the Ensign Don Antonio de las Cabadas, Regidors; and Don Antonio de Campuzano Riva Herrera, Knight of the Order of Santiago; and the Count de Mansilla, Lord of the Town of Zerezo, Syndic ProcuratorGeneral assembled in the Capitular Hall of the Ayuntamiento of this City; having previously conferred with the Knights and other Persons who were called and convoked to an Open Council, to whom were notified, and caused to be notified all the Articles and Stipulations that herein shall be inserted, on the one part; and on the other, Don Rodrigo Slingar, Don Daniel Dambrin, Don Guillermo Gotoclin, Don Andres Brughton, Don Henrique Vite, Don Roberto Earle, Don Gilberto Gronies, Don Abraham Lordoll, Merchants of the English Nation; who said that, inasmuch as they had come to confer and treat with the said Magistracy and Administration thereof, and other Inhabitants, about therein settling their abode, and the trade which they carry on in the Town of Bilboa, in the Lordship of Biscay, as well on the part of themselves, as for those who at present reside in the said Town of Bilboa, and in future should wish to come to Santander, in conformity with the order which they have obtained for that effect; to whom they gave consent and security, in form, that they will hold by and act according to all that is treated of and arranged with the said Magistracy and Administration thereof; and having for that purpose conferred with all the Gentlemen of the Open Council, for the greater service of God, of His Catholic Majesty the King our Lord, and for the good and utility of his Kingdoms, and of the Inhabitants and Natives of this City and its jurisdiction, the putting into execution, on both sides, of what follows is assented and agreed to. ART. I. In the first place, this Town, its Ayuntamiento, Council, and Inhabitants in general in Open Council, having been informed, by public Documents laid before them by the said Gentlemen, Merchants of the English Nation, that, if they shall be well treated and conveniently attended to in this City, they will come thereto by consent, tegether with their persons, houses, and Families, removing their trade, connections, and correspondences, from the Town of Bilboa, where they at present carry them on; and this City aforesaid, well understanding that such can redound and does redound to the public advantage of these Kingdoms, and to the greater service of His Majesty (whom God preserve), and to the considerable advantage and utility of its Inhabitants, and the Dwellers therein; for which cause, in so far as depends on its part, it concedes and grants that they shall enjoy, and that they do enjoy the same conveniences, emoluments, and immunities, which are enjoyed and possessed by the People, Inhabitants and Natives thereof, without any difference, tax, or burden being imposed, or any other annual charge, in whatever may depend on its political government. II. Also it concedes and grants to those who are or may become Roman Catholics, and who, with their Wives, Household, and Family, have completed 5 years of residence therein, that they may have liberty to enjoy and obtain the honourable offices thereof, and a voice, and active and passive vote, in conformity with the custom and Charter of Election which it possesses, to enable it to distribute the said offices among its Inhabitants. III. Also to those who may not be Roman Catholics, it will allow the same usage and treatment which is observed towards them in the Cities of Seville, Cadiz, Malaga, and the Ports of Andalusia, conformably to certain of the Articles contained in the Treaties of Peace and agreement that exist between this Crown and that of England, and that too in the same sense and declarations which are therein set forth in that respect; and as the same is described in other Articles made in favour of the Hanse Towns and Cities, and the United Provinces, which are to be understood as above referred to. IV. Also this Town, being correctly informed of all the Articles, Agreements, and Treaties of Peace between the said 2 Crowns, and others referred to, and of the other privileges, exemptions, and liberties, which are granted to the said English Nation, and to its Merchants, by the Kings passed, and by the Very Catholic one our Lord and Monarch Don Carlos II, by different Cedulas, Privileges, and Patents, which have been exhibited, the which are proved by Testimonials and other Instruments; this Town from henceforth consents that, towards all those who may come to dwell therein by consent, in order to traffic in its District, Term, and Jurisdiction, without any alteration, may be fully ensured, complied with, and observed 3K2 [536] all in general which is supposed to be inserted in this Treaty; and it wil never allow that they be injured or annoyed in any way, but, on the contrary, that every assistance and aid shall be given to them for their defence, so that they have the perfect effect and full observance, which is conducive to their quiet and free commerce. V. That in the cases which occur touching the said commerce, policies of Ships, securities, and other things, they shall abide by whatever may be determined by the Judge Conservator whom they shall have, assisted by 2 or more Persons, who shall be named for the purpose of the said Foreign commerce; the whole truth being divulged as to every thing, and good faith being observed. VI. Also it is conceded to them, in conformity with the aforesaid their privileges, that His Majesty will give and appoint a private Judge Conservator to be elected for their causes, law-suits, and business that may occur, according as, and in the way which, the Merchants of the City of Seville, and other Ports of that Coast, have them; and with the Declarations contained in the aforesaid Cedulas and favours granted to the said Merchants. VII. Also if (which may God not bring to pass or permit) at any time War should take place between the 2 Crowns, this Town, in so far as it can consistently with the faith and loyalty which it owes to its King and natural Lord, will assist the said Merchants, and give them every facility and good treatment which may be in its power, as well within the said City and its Jurisdiction, as in the representations which it may present to the King and his Ministers, in order that they may be treated with the greatest equity and benignity, protecting their effects and business, in as far as it is possible and permitted, and that by the means which may appear to it most befitting such an occasion; and in all cases the Articles of Peace shall be attended to which are stipulated on this point, giving them the space of 6 months, which is allotted to them, for the withdrawal of their property, Persons, and Families. VIII. Also, in order to show every favour to the said Merchants, and to those of their Nation and others who may join the trade of this Town, it shall be conceded and allowed to them, to build private houses therein, in conformity with the power which is accorded to it by the Laws of these Kingdoms; and the Magistracy and Ayuntamiento will give and mark out lands and estates, whereon they may construct, in their own way, the dwellings and gardens which are necessary, and to which their power extends; and it is moreover granted that they may purchase manufactories, and reside in them, or in dwelling houses, inns, or hired houses, without their being obliged to live with the Inhabitants, or to incur charges for lodging, guards, or for other things, be they what they may, and that they may employ for their service male or female Servants, in the same form which is permitted to them, and as is done by the English Merchants in the Cities of Seville, Cadiz, and in the other parts of Andalusia. IX. It is also granted them, that all the merchandise which they may bring, or which may arrive at the Port and Jurisdiction of this Town for the account of the said Merchants forwarded or consigned to any of them, or from Foreigners in these Kingdoms, may by them be shipped from Vessel to Vessel in this Port, as shall seem best to them, without their paying for the same any Duties but those which may lawfully be collected and recovered for this Town by its legal Collectors, or any other Duties whatsoever, unless arising from the List of Liabilities; and also they may warehouse the said merchandise and goods, and again withdraw them, when they shall think proper, without paying for them the said dues, or any other Contributions of the nature of those referred to or suppressed; and the same is understood, and is to be understood as to Vessels which may enter the said Harbour with any kind of provisions and other merchandise; with which goods, should they not be wanted, or should no convenience be ready for their disposal, they shall be allowed freely to depart again. X. And also it is conceded and granted to the said English Merchants, that they may carry on their correspondence and commissions in all parts of the north of these Kingdoms, and others at Peace with them, and may : |