9434 Libeller Swift, having Notice, and that fearch was made after him, he thought fit to abfcond. About the beginning of March 1713-4, there was publish'd Mr. Stanhope's Anfwer to the Report of the Commiffioners fent into Spain, c. a large Abstract of which was inferted, in our Journal for the Month of April, 1714. In that An

fwer, General Stanhope mentions at See Pulit. Treaty of Commerce which was agreed, State for Apre concluded, ratified, in due Form on both 1714 Vol. VII. p. 267, fides, between himfelf, and King Charles the Third's Minifters, but which he had not the Queen's leave to lay before the faid Commiffioners. The R cafon of it is obvious; That Treaty made by Mr. Stanhope, with King Charles, being infinitely more advantageous than that which was afterwards concluded with King Philip, the late Miniftry were wifer than to fuffer it to be made publick, but General Stanhope being now under no Reftraint, he thought fit to do himself Juftice, by publishing the faid Tretay which is as follows:

Treaty of Commerce made at Barcelona, the 10th of July, 1707.

Harles II. by the Grace of God King of Caftile, Leon, Aragon, of both Sicilies, Feru falem, and alfo of the Indies, &c. Archduke of Auftria, Duke of Milan, Burgundy and Brabant, Earl of Hapsburg, Flanders and Tyrol, &c. To all and fingular to whom these prefent Letters fhall come, Greeting.

Whereas a Treaty betwixt us and the moft Serence and Potent Princess ANNE, Queen of

Great Britain, &c. containing not only then of

Renovation and Confirmation of all Treaties of Friendfhip and Commerce, made betwixt our Kingdoms on both fides, but others tending to cultivate

and

and corroborate mutual Friendship and Benevolence betwixt us, was concluded and figned at Barcelona, the oth of July laft, in the following Words:

Whereas the ancient Friendship, and Course of Trade and Commerce, carryed on for fo many Years betwixt the Subjects of Great Britain and Spain, has been of late interrupted and difturbed; and whereas the moft Serene and Potent Princess Anne, Queen of Great Britain, and the moft Serene and Potent Prince Charles, III. King of Spain, are very defirous to renew the ancient Friendship and Courfe of Trade and Navigation, betwixt their Subjects on both fides, and firmly to establish by ftricter Bonds, what has been found, by many Years Experience, to be highly advantageous to both Kingdoms: Her Majefty of Great Britain has thought good, for this End, to conftitute and appoint James Stanhope, Efq; Ge. neral of the Armies of the moft Serene Queen of Great Britain, Envoy Extraordinary and Plenipotentiary, &c. And his Catholick Majefty has alfo thought fit to nominate and appoint Anthony Florianus, Prince of the Sacred Roman Empire and of Lichtenftein, Knight of the Golden Fleece, chief Governor of his Sacred Imperial Majefty's Court and Stable, and Emanuel Joachim Garci Alvarez, de Toledo and Portugal, of Orapeza and Alcauditte Count: And Jofeph Fale of Cardona, Count of Cardona, Great Admiral of Aragon, Privy Counfellor of his Catholick Majefty: To negociate and treat Matters belonging to Commerce and Navigation: Who being both of them provided with fufficient full Powers, as appears by the Letters Patents, the Copies of which are fubjoined to the End of this Treaty; by Power and Virtue whereof, having had frequent Meetings and Conferences, they have confented and agreed to the following Articles,

I. It is concluded and agreed, That there fhall be an univerfal, perfect, and fincere Peace beriwixt the Queen of Great Britain and the King of Spain, as alfo their Heirs, Succeffors, and the Subjects of both Nations, and the Teritories, Dominions, and Kingdoms fubject to either, to be obferved and continued from this Day forward; and that their Inhabitants and People, of what ever Rank and Degree, fhall for time to come reciprocally

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433 cally help, affift, and fhew to one another all Manner of Love, good Offices, and Friendship.

II. 'Tis agreed, That all and fingular the Treaties of Peace, Friendship, Agreement, Confederacies, Free Commerce and Navigation, which have been betwixt both Crowns in any time paft, and especially thofe to be mention'd in the Clofe of this Article, thall be held to be as firmly renew d and established, by Virtue of this prefent Treaty, as if they were here inferted verbatim, provided they be not contradictory to one another, nor any way leffen the Force of thefe prefent Articles, and fo as the Articles and Heads, concluded and agreed on by the latelt Treaty ought to be fulfilled, according to the Senfe expreffed and declared in the faid lateft Treaty, without regard in that cafe to any former Treaty. That the Royal Cedulas or Patents, which contain divers Priviledges granted by the moft Serene and Powerful Prince Philip IV of Pious Memory, and are alfo confirmed by the Treaty of May, 1697, of which, mention is here afterward to be made: And that likewife all other Grants formerly made by his moft Serene Ca tholick Majefty, or any other King of Spain, Thall have the fame Force and Effect with this prefent Treaty or others therein confirmed.

S

III. And whereas among fo many late Commotions and Tumults, that have difturbed the Peace and Tranquility of Spain (in which the Queen of Great Britain and her Subjects have interested themselves, for no other End but to promote the publick Advantage and Safety of the Spanish Dominions) there have been very many Prifoners taken on both Sides, and that many are likewife detained in Perfon, efpecially in America, that the Peace now entered into, and the Confederacy, may be compleatly and in all Points duly obferved, it is agrreed and concluded by virtue of this Treaty, that all the Subjects on both Sides, of what Rank, Degree, and Condition foever, who have been made Prifoners by either, whether in America or any where elle, fhall be reftored and let at Liberty as fpeedily as poffible; and every one whom it may concern, Viceroys, Gover nors, Generals, Minifters and Officers, appointed, either by the Queen of Great Britain, or the King of Spain, in the Weft-Indies, or other Places, fhall take care, as foon as it is required of them, that all Prifoners fhall immediately be fet at Liberty without Charge or Ranfom, and allowed to em bark on any Ships or Veffels which thall be fent care. ceive them. kkk TV All

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IV. All Merchandize, Things, and Goods of what Spiecies foever, which the Subjects of Great Britain import into Spam (for which any time before this, Cuftoms under the Name of Confumption, or other Tolls used to be demanded) fhall not be obliged to pay the faid Tolls, till fix Months after the Day that the faid Merchandize, Things, and Goods are unloaded, or untill they are really fold and delivered.

produce of the Dares

Y. It is agreed and concluded, that the Subjects of Great Britain may bring and import into the Dominions of Spain, all forts of Goods, Wares, Manufactures and Fruits, the of Morocco, which they load in their ownName and on board their ownships; nor shall any greater Toll be demanded for the fame than ufual, although the faid Goods be not carried through any of the Garrison Towns in Africa, or other Places under the Dominion of the King of Spain.

VI. That the Merchants, and other Subjects trading in the Dominions of Spain and Great Britain, may certainly be able to know and understand what Duties may be lawfully demanded of them, and that all Occafions of Controverfy and Difpute about the Payment of Tolls and Impofts may be prevented, Books of Rates, commonly called Fueros, containing an Exact Account of the Cuftoms and Imports agreed upon by Commiffioners from the Queen of Great Fritain, on the one Side, and Commiffioners from the King of Spain, on the other, fhall be adjusted and esta. blifh'd in Twelve Months after the Signing of this Treaty, unless it be agreed and concluded either beforehand, or in the last Article of the Treaty: And the faid Books of Rates or Fueros, fhall be publifh'd through all the Spanish Dominions, and have equal Force and Virtue as if they were annex'd to this prefent Treaty. And the Subjects of Great Britain fhall not be obliged to pay any other or greater Tolls or Dutities for the Merchandize and Goods, particularly fpecified in the Books of Rates, than what is therein fet dewn, and for the other Goods not mentioned in thole Tables, the Rate of Seven per Cent fhall be demanded upon the Credit of the Inftrument, declaring the Charge a Prices of the Merchandize and Goods, which shall be exhibited by the Merchant, or Factor, confirmed by Witnen's of Oatls

wowowy hereas it is declared in the Seventh Article of the powhereas aforerat Peaty Of May 231667, that all the Goods, Eftates,

Mer

Merchandize, Ships, and Veffels, or other things whatever, carryed into the Dominions or Places fubject to the Crown of Great Britain as Prize, and in the faid Dominions and Places judged and condemned as lawfulPrize, were by virtue of that Article taken for Goods and Merchandize of the Product of the Inlands of Great Britain, tis agreed and concluded, That for time to come, all Goods taken as Prize, by Ships of War, fet out either by the Queen of Great Bri tain, or by private Subjects of Great Britain, hall without any Difference be efteem'd as Merchandize, and Goods of the Produce of he British Inlands.

VIII Tisagreed and concluded in the laft Place, That the moft Serene Queen of Great Britain, and the moft Serene King of Spain, fhall confirm and ratify all and fingular the Compacts, Capitulations, Articles, Conceffions, and all other the Conventions aforefaid whatsoever, by Lettters Patents under their refpective Great Seals, figned and drawn up in valid, fufficient and effe fual Form, and interchangeably deliver the fame within ten Weeks after the Date of thefe prefents. In Witnefs whereof We the aforefaid Pleni potentiary of AnneQueen of Great Britain and the aforefaid Plenipotentiaries of the moft Serene Charles III: King of Spain, have figned and fealed the prefentArticles at Barcelona, the 10th of July 1707. James Stanhope. (1. S.) Anthony Prince of Litchtenftein. (L. S.) Count of Orapeza. Florians Great Admiral of Aragon, (LS)

WE having feen and confidered the above men toned

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Treaty, have approved, ratified, agreed to and cond firmed the fame in all its Articles and Claufes; as by thefe prelents we do for Our felves, our Heirs and Succeffors, approve, ratify and agree to, and confirm the fame engaging, and on our Royal Word promifing, that all and fingular contained in the aforesaid Treaty, we fhall faithfully and religiously obferve, and caufe to be obferved, and that as far as in as lies, we fhall never fuffer them to be violated or contravened by any one, or in any manner. And for the further Confirmation and Strengthening of the fame, we have figned thefe Prefents with our Royal Hand and ordered our Great Seal to be affix'd to them.

Given at our City of Barcelona the 9th of January, Anno Dom. 1708. CAROLUS. R. Enroll'd in the Court of Chancery of our Sovereign Lady Anne, by the Grace of God, Queen of Great Britain &ć, per Jonath.

Anne, by theftelowe Show, Prothonator, Secret Article

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Charles