upon any pretence whatfoever. And it fhall be permitted to the people and fubjects of either King, in the refpective places where they fhall refide, to keep their books of accompt, traffic, and correspondence, in what language they pleafe, in English, Spanish, Dutch, or any other, the which fhall not be molefted, or fubject to any inquifition. And whatfoever elfe hath been granted by either party, concerning this particular, to any other nation, fhall be understood likewife to be granted here. XXXII. That in cafe the eftate of any perfon or perfons shall be sequestered or seized on, by any court of juftice or tribunal whatsoever, within the kingdoms and dominions of either party, and any eftate or debt happen to lie in the hands of the delinquents, belonging bona fide to the people and fubjects of the other, the faid eftate or debts fhall not be confifcated by any of the faid tribunals, but shall be reftored to the true owners in specie, if they yet remain, and if not, the value of them (according to the contract and agreement which was made between the parties) shall be restored within three months after the faid fequeftration. XXXIII. That the goods and eftates of the people and subjects of the one King, that shall die in the countries, lands, and dominions of the other, fhall be preferved for the lawful heirs and fucceffors of the deceaf ed; the right of any third person always reserved. XXXIV. That the goods and eftates of the fubjects of the King of Great Britain, that fhall die without making a will, in the dominions of the King of Spain, fhall be put into inventory, with their papers, writings, and books of accompt, by the conful or other public minister of the King of Great Britain, and depofited in the hands of two or three merchants that shall be named by the faid conful or public minister, to be kept for the proprietors and creditors; and neither the Cruzada, nor any other judicatory whatsoever, fhall intermeddle therein; which alfo, in the like cafe, fhall be obferved C 3 obferved in England towards the fubjects of the King. of Spain. XXXV. That a decent and convenient burial-place fhall be granted and appointed to bury the bodies of the fubjects of the King of Great Britain, who fhall die within the dominions of the King of Spain. XXXVI. If it fhall happen hereafter, that any difference fall out (which God forbid) between the King of Great Britain and the King of Spain, whereby the mutual commerce and good correfpondence may be endangered, the refpective fubjects and people of each party shall have notice thereof given them in time, that is to fay, the space of fix months, to tranfport their merchandize and effects, without giving them in that time any moleftation or trouble, or retaining or embarking their goods or perfons. XXXVII. All goods and rights concealed or embarked, moveables, immoveables, rents, deeds, debts, credits, and the like, which have not with a formal notice of the caufe, and by a legal condemnation, according to the ordinary juftice, been brought into the royal exchequer at the time of concluding this treaty, fhall remain at the full and free difpofal of the proprietors, their heirs, or of those who shall have their right, with all the fruits, rents, and emoluments thereof, and neither those who have concealed the faid goods, nor their heirs fhall be molefted for this caufe by the exchequers refpectively; but the proprietors, their heirs, or thofe who shall have their right, fhall have for the faid goods and rights their action at law, as for their own proper goods and estate. XXXVIII. It is agreed and concluded, that the people and fubjects of the King of Great Britain, and of the King of Spain, fhall have and enjoy in the refpective lands, feas, ports, havens, roads, and territories of the one or the other, and in all places whatfoever, the fame privileges, fecurities, liberties, and im 4. munities, munities, whether they concern their perfons or trade, with all the beneficial claufes and circumftances which have been granted, or shall be hereafter granted by either of the faid Kings, to the Most Christian King, the States General of the United Provinces, the Hans-towns, or any other kingdom or state whatsoever, in as full, ample, and beneficial manner, as if the fame were particularly mentioned and inferted in this treaty. XXXIX. In cafe any difference or difpute fhall happen on either fide, concerning these articles of trade and commerce, by either the officers of the admiralty, or other perfon whatsoever, in the one or the other kingdom; the complaint being prefented by the party concerned, to their Majefties, or to any of their council, their faid Majefties fhall cause the damages forthwith to be repaired, and all things, as they are above agreed, to be duly executed and in cafe that in progrefs of time any frauds or inconveniences be difcovered in the navigation and commerce between both kingdoms, against which fufficient prevention hath not been made in these articles, other provifions may be hereafter mutually agreed on, as fhall be judged convenient, the present treaty remaining ftill in full force and vigour. XL. It is likewise accorded and concluded, that the Moft Serene and Renowned Kings of Great Britain and Spain fhall fincerely and faithfully obferve and keep, and procure to be obferved and kept, by their fubjects and inhabitants refpectively, all and fingular the capitulations in this prefent treaty agreed and concluded: neither fhall they directly or indirectly infringe the fame, or consent that the fame shall be infringed by any of their fubjects or inhabitants. And they fhail ratify and confirm all and fingular the conventions before accorded by letters patents reciprocally, in fufficient, full, and effectual form, and the fame fo formed and made, fhall interchangeably deliver, or caufe to be delivered, faithfully and really, within four months after the date of these prefents; and they shall then, as foon as conveniently may be, cause this prefent treaty of peace and amity to be published in all places, and in the manner accustomed. Dated at Madrid, the day of May, in the year of our Lord 1667. The Form of Letters which ought to be given by the Towns and Sea-ports, to the Ships and Veffels fetting fail from thence. TO all unto whom these prefents shall come; We the governors, confuls, or chief magiftrate or commiffioners of the customs, of the city, town, or province of N. do teftify and make known, that N. N. master of the ship N. hath before us, under folemn oath declared, that the ship N. of tun (more or lefs) of which he is at present mafter, doth belong to the inhabitants of N. in the dominions of the Moft Serene King of Great Britain. And we, defiring that the said master may be affifted in his voyage and bufinefs, do intreat all perfons in general and particular, who fhall meet him, and thofe of all places where the faid mafter fhall come with the faid fhip and her merchandize, that they would admit him favourably, treat him kindly, and receive the faid fhip into their ports, bays, havens, rivers, and dominions, permitting her quietly to fail, pafs, frequent, and negotiate there, or in any other places, as fhall feem good to the faid master, paying ftill the toll and cuftoms which of right shall be due. Which we will acknowledge gratefully upon the like occafions. In witness whereof, we have figned these presents, and fealed them with the feal of our town. Don Pedro Fernandez del Will. Godolphin. The Copy of a Patent containing feveral gracious Privileges, lately granted by the High and Mighty Philip the the Fourth, King of Spain, &c. which are confirmed by the foregoing Treaty, and whereof mention is made in the ninth Article of the faid Treaty. DON PHILIP, by the grace of God, King of Caftile, Leon, Arragon, the Two Sicilies, Jerufalem, Portugal, Navarre, Granado, Toledo, Valencia, Galicia, Majorca, Sivilla, Sardinia, Cordoua, Corsega, Murica, Jaen, the Algarves, Algefira, Gibraltar, the islands of the Canaries, the Eaft and West Indies, islands, and firm land of the ocean fea, Arch-duke of Austria, Duke of Burgundy, Brabant, and Milan, Earl of Hafpurg, Flanders, Tiroll, and Barcelona, Lord of Biscay and Molina, &c. Whereas on the behalf of you Richard Anthony, conful of the English nation, for yourself, and in the name of the fubjects of the King of Great Britain, it hath been fhewed unto me, that by virtue of the peace which is concluded in this and that realm, you do reside and trade in Andaluzia, and specially in the cities of Sivil, St. Lucar, Cadiz, and Malaga, defiring me to be pleased to confirm unto you the privileges, exemptions, and faculties which do belong unto you as well by the articles of the faid peace, as by the confirmations thereof, and other favours and graces which my lord and father of glorious memory did grant unto you, and all fuch others which have been given you by the crowns of my realms of Caftile and Portugal, and to command that they may be in and for all things obferved and accomplished unto you without any limitation, and for further affurance to grant them anew unto you, with the qualities, amplitudes, and declarations which fhall be moft convenient for you; and to fet penalties upon fuch as fhall contradict, and not observe them unto you; and to the end it may be known what they are, to grant them copies thereof, or of that which my favour fhall be: and I taking the premises into confideration; and becaufe for the occafions which I have for my wars, you have offered to ferve me |