Page images

We do certify, that Francisco del Solar, by whom this copy goes signed and marked, is a notary public, of the number of this city of Cadiz, saithsul, legal, and of trust, and that to his testimonies and other dispatches always hath been given, and is given, entire saith and credit, in court and out of it. Cadiz, as above.

Pedro de Garnica, Notary.

Juan Galves Trexo, Notary Public.

Juan Ortiz, Notary.

We the merchants of this city of Cadiz, which have hereunto subscribed, do certify, that Francisco del Solar, by whom this copy is signed and marked, and the three which prove him, are all all four notaries of this city» saithful, legal, and of trust, and that to their testimonies and dispatches always hath been given, and is given entire saith and credit in all courts. Cadiz, as above. . ; .

.' . > *. This copy, which consists of eighteen leaves with this, agrees with that which was exhibited to me by Mr. Charles Russel of the English nation, inhabitant of this city, to which I refer myself; and I returned him the one and the other, and he hath given here his receipt, and at his request I have signed and rubricked these presents in the city of Cadiz, the fourteenth day of the month of August, of the year one thousand six hundred ninety-five. In witness of the truth,

Juan Antonio dt 'Torres, Notary Public.

THEIR Royal Majesties do mutually promise, that they will saithfully perform and sulfil all and every one of the articles of the foregoing treaty, and all privileges, concessions, agreements, or other advantages whatsoever, arising to the subjects on either side, which are contained in them, or in the annexed schedules; and that they will at all times cause the same to be performed and sulfilled by their ministers, officers, or

I. 3 other other subjects, so that the subjects on each side may enjoy the full effect of all and every one of them (thofe only excepted, concerning which something else shall be established in the following articles, to the mutual satissaction of each party) and of all thofe likewise which are contained in the following articles. Moreover, the treaty of 1670, made between the crowns of Great Britain and Spain, for preventing all differences, restraining depredations, and establishing peace between the said crowns in America, is again ratified and confirmed, without any prejudice however to any contract, or other privilege or leave granted by his Catholic Majesty to the Queen of Great Britain or her subjects, in the late treaty of peace, or in the contract of Affiento, as likewise without prejudice to any liberty or power which the subjects of Great Britain enjoyed before, either through right, sufferance, or indulgence.

II. The subjects of their Majesties, trading respectively in the dominions of their said Majesties, shall not be bound to pay greater duties, or other imposts whatsoever, for their imports or exports, than shall be exacted of, and paid by the subjects of the most savoured nation; and if it shall happen in time to come, that any diminutions of duties, or other advantages, shall be granted by either side, to any foreign nation, the subjects of each crown shall reciprocally and fully enjoy the same. And as it has been agreed, as is above-mentioned, concerning the rates of duties, so it is ordained as a general rule between their Majesties, that all and every one of their subjects shall, in all lands and places subject to the command of their respective Majesties, use and enjoy, at least the same privileges, liberties, and immunities, concerning all imposts or duties whatsoever, which relate to persons, wares, merchandize, ships, freighting, mariners, navigation, and commerce, and enjoy the same savour in all things (as well in the courts of justice, as in all thofe things which relate to trade, or any other right whatsoever) as the most savoured nation uses and enjoys,

or Dr may use and enjoy for the suture, as is explained more at large in the 38th article of the treaty of 1667, which is specially inserted in the foregoing article.

III. Whereas by the treaty of peace lately concluded between their Royal Majesties, it was laid as the basis and foundation of the said treaty, that the subjects of Great Britain should use and enjoy the same privileges and liberty of trade throughout all the dominions of Spain, which they enjoyed in the time of Charles the Second; and therefore the same rule is likewise and ought to be the basis and foundation of the present treaty of commerce (which is understood to extend reciprocally to the subjects of Spain trading in Great Britain, in regard to whatsoever, by agreement, belongs to them:) and whereas a certain, clear, and expeditious method of paying the duties is of the greatest use in settling trade upon a good foot, and to the mutual advantage of each nation; it is therefore agreed and concluded, that within the space of three months from the ratification of this treaty, commissaries appointed for that purpofe by their respective Majesties, shall meet on the part of each of their Royal Majesties, either at Madrid or Cadiz; by whom a new book of rates shall, without any delay of time, be made, which book of rates shall be published in every port, and shall contain and severally express the duties which are hereafter to be paid for wares brought into, or carried out of Castile, Arragon, Valencia, and Catalonia, and shall settle them in such a manner, that all the different imposts which, in the time of the late King Charles the Second, were paid under several names, and in different custom-houses, for wares entering into or going out of the ports of Spain (the kingdoms of Arragon and Valencia, and the principality of Catalonia being comprehended therein, Guipuscoa and Biscaya, of which mention shall be made hereafter, only excepted) shall be put together and be contained in one duty, and payable only in one sum.

L 4 But

But whereas the British ambassador made pressing instances, that it might be given as a rule to the said commissaries, that no greater duties, or other imposts whatsoever, should be made payable in any port, wet or dry, in his said Catholic Majesty's dominions, by the said new book of rates, than what were paid in the customhouses of the port of St. Mary's or Cadiz, in the reign of the late King of Spain, Charles the Second; the ambassadors of Spain have consented, and it is agreed and stipulated, that that rule shall be observed in thofe very ports of Cadiz and St. Mary's; so that all augmentations of duties which were introduced in the said ports aster the time of Charles the Second, on occasion of the war, or under the tide of Habilitation, or any other whatsoever, ceasing and being taken away, the British subjects shall not, before or aster the said book of rates is sctded, be bound to pay any greater duties, of what fort soever, or under what name soever, for their imports or exports, in the ports of St. Mary's and Cadiz, than what were paid there in the time of King Charles the Second.

Moreover, in regard to the ports of St. Mary's and Cadiz, the said commissaries shall be strictly enjoined not to make the new book of rates according to the old indexes of duties, which, by reason of the exorbitant rights that were appointed to be paid by them, ceased to be in use in the time of Charles the Second, but shall follow the tenor of thofe indexes only, which (whether they were commonly called Arancel or Registers) shall be found to have subsisted in the time of King Charles the Second, and to have been the rule by which the duties were then paid.

And it is surther agreed, that the subjects of Great Britain, having paid these duties for their wares in the said ports, to wit, those, until the new indexes are made, which were paid in the time of Charles the Second, or else such as shall be made payable by the said new book of rates, shall have liberty to transport the said wares, cither by sea or land, into any other port or


place of the asoresaid dominions of Spain, nor shall the duties which were paid before be re-exacted on that occasion.

Moreover, for preventing all disputes, which (notwithstanding the exact administration of justice in Spain in all other respects) have formerly arisen concerning other duties, which, to the great prejudice of trade and traders, have been exacted formerly; it is agreed, that wares which have paid the duties in the manner aforesaid at Cadiz, or the port of St. Mary's, and are transported in order to be sold by wholesale, shall be free and clear from any other duty whatsoever, throughout all Spain, provided, however, that the proprietor of the said wares or sactors brings certificates, that the duties were duly paid in the manner aforesaid, otherwise such wares shall be looked upon as fraudulently transported. But as to the payment of the rights commonly called de Alcavalos, Cientos, and Millones, it is agreed, that it shall be regulated according to the fifth and eighth article of this treaty.

But because the Spanish ambassadors are persuaded, that the duties in every port of Spain cannot be reduced to the same rule with thofe which are or may become customary in Cadiz or the port of St. Mary's, without violating the laws of Spain, and several privileges there, which have the force of laws, nor without the too great prejudice of their King and master, it is therefore thought proper to leave this matter to the determination of the commissaries who shall be appointed to settle the new book of rates.

But his Catholic Majesty promises, that he will immediately takeoff all augmentations of duties in the said ports, which have been introduced there since the time of Charles the Second, on occasion of the war, or under the tide of Habitations, or any other whatsoever, and that either the same rule shall be observed in those ports, which is agreed to in the ports of St. Mary's and Cadiz, or else at least that the same rule shall be observed, as well before as aster the said new book of rates shall


« PreviousContinue »