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be made, which had obtained in each respective port in the time of King Charles the Second; so that hereafter no greater duties shall be exacted there, or in any other place of passage, than what were paid in the said places in the time of Charles the Second. In the same places shall be likewise observed what has been above appointed in this article concerning the rights de Alcavalos, Cientos, and Millones.
As to the ports of Guipuscoa and Biscaya, and others, not subject to the laws ofCastille, in which less duties were paid in the time of Charles the Second than at Cadiz, or in the port of St. Mary's, his Catholic Majesty promises, that thofe duties shall not be augmented in the said places by the new book of rates, but shall, in the mean time, remain as they were in the time of Charles the Second. All wares, however, brought into the ports of Biscaya and Guipuscoa, which shall afterwards be carried by land into the kingdoms ofCastille or Arragon, shall be bound to pay such duties, in the port where they first enter the said kingdoms, as were paid there in the time of Charles the Second, or else such as shall be established by the new book of rates.
IV. The Catholic King consents and promises, that for the future it shall always be lawftil for the subjects of Great Britain, living in the provinces of Bifcaya and Guipuscoa, to hire houses or warehouses fit for the preservation of their merchandize, and his Majesty will, by renewing his orders to that purpofe, take effectual care that it shall be in their power to do this in the like manner, and with the same privileges, with which the said British subjects, by virtue of the aforesaid treaty of 1667, or of any diploma or ordinance granted by their Catholic Majesties, did enjoy, or ought to have enjoyed that liberty in Andalusia, or in any other ports and places of Spain whatsoever. The subjects of Spain shall enjoy the same liberty in any ports and places of Great Britain, with all the privileges belonging to them by the aforesaid treaty.
V. To prevent abuses in collecting the rights called deAlcavalos and Cientos, his Catholic Majesty consents, that the subjects of Great Britain, who shall bring their wares into any port of Spain, wet or dry, in order to fell them by wholesale, shall have their choice, whether they will pay the said rights de Alcavalos and Cientos inthe first place or port that they arrive at, or else according to the laws of Castille, at the place where, and at the time when they are fold; which said rights shall be the same as were paid in the time of King Charles the Second. And it is surther agreed, that the subjects of Great Britain may fend or carry the wares, for which the said rights de Alcavalos have once been paid, into any port or place whatsoever, belonging to his Catholic Majesty's dominions in Europe (in order to fell them there by wholesale) without any molestation or repetition of the said duties, or exaction of any others, for the first sale: provided, however, that they who carry the said wares, shall bring receipts or certificates from the sarmers, or commissioners of the custom-houses, from whence it may appear, that the said rights have been paid for those wares, and likewise other certificates, proving that the said wares have not yet been fold; but if any merchant sells his wares by retail, he shall be bound, under such penalties as are inslicted by law, to pay all the local and municipal duties which are due and customary at the sale of them, together with the rights de Alcavalos and Cientos, and all others whatsoever.
His Catholic Majesty sarther consents, that if, after the certificates above-mentioned have been shewn, any officer, or gatherer of duties, shall exact the said rights again, or shall give any trouble, or stop the passage of the wares on that account, the officer guilty of the said sault shall incur the penalty of 2,000 ducats, payable to the use of his Majesty's chamber, or of the general hospital at Madrid; the notaries of the custom-houses, or the contraband, shall not receive above 15 ryals Villon, for dispatching the said certificates, unless it
shall shall be otherwise agreed in settling the new book of rates.
VI. And as the subjects of their Majesties are to enjoy on both sides an entire, secure, and unmolested use and liberty of navigation and commerce, as long as the peace and friendship, entered into by their Majesties, and their crowns, shall continue, so likewise their Majesties have provided, that the said subjects shall not be deprived of that security for any little difference which may possibly arise, but that they shall on the contrary enjoy all the benefits of peace, until war be declared between the two crowns.
And it is further agreed, that if it should happen (which God prevent) that war should arise, and be declared between their Majesties and their kingdoms, then, according to the contents of the thirty-sixth article of the afore-mentioned treaty of 1667, after the declaration of such a rupture, the space of six months shall be allowed to the subjects of each party, residing in the, dominions of the other, in which they shall be permitted to withdraw with their samilies, goods, merchandizes, effects, and ships, and to transport them, after having paid the due and accustomed imposts, either by sea or land, to whatsoever place they please, as they shall also be suffered to sell and alienate their moveable and immoveable goods, and freely and without any disturbance to carry away the price of them, nor shall their goods, wealth, merchandizes, or effects, much less their persons, be in the meantime detained or molested by any seizure or arrest. Moreover, the subjects of each side shall in the mean time enjoy and obtain quick and impartial justice, by means of which they may, before the expiration of the six months, recover the goods and effects which they have lent, either to the public or to private persons.
VII. And it is further agreed, that all the losses which the subjects of either crown shall duly prove that they have sustained, in the beginning of the late war
(contrary (contrary to the tenor of the thirty-sixth article of the above-mentioned treaty) whether they consisted of moveable or immoveable goods, shall be reciprocally made good, without any delay, to them, their lawsul procurators, heirs, or thofe to whom their cause is entrusted, and restitution shall be made of thofe goods, whether lands, buildings, or inheritance, or of what fort soever they are, which remain and were confiscated, and the just and lawful price of thofe goods which cannot be recovered, whether moveable or immoveable, shall be paid; and their Majesties have articled and agreed that the said payments (the pretensions to them being, as is aforesaid, fully proved) shall saithsully be performed and made by their treasurers on each part.
VIII. It is agreed, and his Catholic Majesty will give effectual orders to that purpofe, that the duties upon fish, and other provision, called Millon, shall not be demanded in the place where the said wares first arrive, but the said duties shall be paid, according to the ancient custom established by law, only in the place of consumption, and when the wares are fold, and not before.
IX. His Catholic Majesty promises, that those merchandizes which are not particularly mentioned in the catalogue of rates, which is to be made according to the third article of this treaty, shall be charged with the same duties in proportion to their value, and no greater, than thofe which are laid upon merchandizes named in the said catalogue of rates. And if any difference arises between the sarmers of the customhouses, or commissaries, and any merchant, concerning the value of any wares, it shall be in the choice of the merchant to sell his wares to the sarmer or commissary, at the price the sarmer of the custom-house valued them at (which price shall be immediately paid in ready money, rhe duties only deducted) or else to give part of his merchandizes at the rate set upon them, as hath
been been mentioned, to the sarmer or commissary, instead of the duty, and retain the rest.
X. It is agreed, that in cafe the British subjects shall bring any wares from any part of the coasts of Africa, into Spain, and the same shall be admitted to pay the duties, thofe being duly paid, the said wares shall not afterwards be charged, either by the captains general of the coasts, or commanders of the harbours, or any body else, with any other duties, under what name or tide soever, excepting such as are payable in general for all wares of the same fort, at the time of their sale.
XI. The masters of merchant-ships, who shall enter into any port of Spain with their ships, shall be obliged, within twenty-four hours after their arrival, to deliver two declarations or inventories of their wares, or of that part of them which they are to unlade there, viz. one declaration to the sarmer of the custom-houses or commissary, and another to the judge of the contraband, nor shall they open the hatches of their ships, till they either have searchers with them, or have leave given them by the sarmer of the custom-houses to do it. No wares shall be unladen with any other view than that of being immediately carried to the custom-houses, according to a permission which shall be given in writing for that end. It shall not be lawsul however for any of the judges of contraband, or other officers of the custom-houses, under any pretence whatsoever, to open any bags, chests, hogsheads, or other covers of any wares whatsoever, belonging to the subjects of Great Britain, while they are carrying to the custom-house, and before they are brought thither, and the proprietor of them, or his sactor, is also come, who may discharge the duties, and take the goods into his own custody. But the said judges of contraband, or their deputies, may be present when the wares are taken out of the ships, and also when they are declared and laid open in the custom-house, and if there be suspicion of deceit, as