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

III. Whereas by the treaty of peace lately concluded between their Royal Majefties, it was laid as the bafis and foundation of the faid treaty, that the fubjects of Great Britain should use and enjoy the fame privileges and liberty of trade throughout all the dominions of Spain, which they enjoyed in the time of Charles the Second; and therefore the fame rule is likewife and ought to be the bafis and foundation of the prefent treaty of commerce (which is understood to extend reciprocally to the fubjects 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 ufe in fettling trade upon a good foot, and to the mutual advantage of each nation; it is therefore agreed and concluded, that within the fpace of three months from the ratification of this treaty, commiffaries appointed for that purpose by their refpective Majefties, fhall meet on the part of each of their Royal Majefties, either at Madrid or Cadiz; by whom a new book of rates fhall, without any delay of time, be made, which book of rates fhall be published in every port, and fhall contain and severally exprefs the duties which are hereafter to be paid for wares brought into, or carried out of Caftile, Arragon, Valencia, and Catalonia, and shall settle them in fuch a manner, that all the different imposts which, in the time of the late King Charles the Second, were paid under feveral 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, Guipufcoa and Bifcaya, of which mention fhall be made hereafter, only excepted) fhall be put together and be contained in one duty, and payable only in one fum.

But whereas the British ambaffador made preffing instances, that it might be given as a rule to the faid commiffaries, that no greater duties, or other impofts whatsoever, fhould be made payable in any port, wet or dry, in his faid Catholic Majefty's dominions, by the faid new book of rates, than what were paid in the cuftomhoufes of the port of St. Mary's or Cadiz, in the reign of the late King of Spain, Charles the Second; the ambaffadors of Spain have confented, and it is agreed and ftipulated, that that rule fhall be observed in those very ports of Cadiz and St. Mary's; fo that all augmentations of duties which were introduced in the faid ports after the time of Charles the Second, on occafion of the war, or under the title of Habilitation, or any other whatfoever, ceafing and being taken away, the British fubjects fhall not, before or after the faid book of rates is fettled, be bound to pay any greater duties, of what fort foever, or under what name foever, 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 faid commiffaries fhall be strictly enjoined not to make the new book of rates according to the old indexes of duties, which, by reafon of the exorbitant rights that were appointed to be paid by them, ceafed to be in ufe in the time of Charles the Second, but fhall follow the tenor of thofe indexes only, which (whether they were commonly called Arancel or Regifters) fhall be found to have fubfifted in the time of King Charles the Second, and to have been the rule by which the duties were then paid.

And it is further agreed, that the fubjects of Great Britain, having paid thefe duties for their wares in the faid ports, to wit, thofe, until the new indexes are made, which were paid in the time of Charles the Second, or elfe fuch as fhall be made payable by the faid new book of rates, fhall have liberty to tranfpert the faid wares, either by fea or land, into any other port or

place

place of the aforefaid dominions of Spain, nor fhall the duties which were paid before be re-exacted on that occafion.

Moreover, for preventing all difputes, which (notwithstanding the exact administration of justice in Spain in all other refpects) have formerly arifen 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 aforefaid at Cadiz, or the port of St. Mary's, and are tranfported in order to be fold by wholefale, fhall be free and clear from any other duty whatsoever, throughout all Spain, provided, however, that the proprietor of the faid wares or factors brings certificates, that the duties were duly paid in the manner aforefaid, otherwife fuch wares fhall be looked upon as fraudulently tranfported. But as to the payment of the rights commonly called de Alcavalos, Cientos, and Miliones, it is agreed, that it fhall be regulated according to the fifth and eighth article of this treaty.

But because the Spanish ambaffadors are perfuaded, that the duties in every port of Spain cannot be reduced to the fame rule with thofe which are or may become cuftomary 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 mafter, it is therefore thought proper to leave this matter to the determination of the commiffaries who fhall be appointed to fettle the new book of rates.

But his Catholic Majefty promifes, that he will immediately take off all augmentations of duties in the said ports, which have been introduced there fince the time of Charles the Second, on occasion of the war, or under the title of Habilitations, or any other whatsoever, and that either the fame rule fhall be observed in those ports, which is agreed to in the ports of St. Mary's and Cadiz, or elfe at least that the fame rule fhall be observed, as well before as after the faid new book of rates fhall

be

be made, which had obtained in each refpective port in the time of King Charles the Second; fo that hereafter no greater duties fhall be exacted there, or in any other place of paffage, than what were paid in the faid places in the time of Charles the Second. In the fame places fhall be likewise obferved what has been above appointed in this article concerning the rights de Alcavalos, Cientos, and Millones.

As to the ports of Guipufcoa and Biscaya, and others, not fubject to the laws of Caftille, in which lefs duties were paid in the time of Charles the Second than at Cadiz, or in the port of St. Mary's, his Catholic Majefty promises, that thofe duties fhall not be augmented in the faid 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 Bifcaya and Guipufcoa, which fhall afterwards be carried by land into the kingdoms of Caftille or Arragon, fhall be bound to pay fuch duties, in the port where they firft enter the faid kingdoms, as were paid there in the time of Charles the Second, or elfe fuch as fhall be established by the new book of rates,

IV. The Catholic King confents and promises, that for the future it fhall always be lawful for the fubjects of Great Britain, living in the provinces of Bifcaya and Guipufcoa, to hire houfes or warehouses fit for the prefervation of their merchandize, and his Majefty will, by renewing his orders to that purpose, take effectual care that it shall be in their power to do this in the like manner, and with the fame privileges, with which the faid British subjects, by virtue of the aforefaid treaty of 1667, or of any diploma or ordinance granted by their Catholic Majefties, did enjoy, or ought to have enjoyed that liberty in Andalufia, or in any other ports and places of Spain whatfoever. The fubjects of Spain fhall enjoy the fame liberty in any ports and places of Great Britain, with all the privileges belonging to them by the aforefaid treaty.

V. To prevent abuses in collecting the rights called de Alcavalos and Cientos, his Catholic Majefty confents, that the fubjects of Great Britain, who fhall bring their wares into any port of Spain, wet or dry, in order to fell them by wholesale, fhall have their choice, whether they will pay the faid rights de Alcavalos and Cientos in the first place or port that they arrive at, or elfe according to the laws of Caftille, at the place where, and at the time when they are fold; which faid rights fhall be the fame as were paid in the time of King Charles the Second. And it is further agreed, that the fubjects of Great Britain may fend or carry the wares, for which the faid rights de Alcavalos have once been paid, into any port or place whatsoever, belonging to his Catholic Majefty's dominions in Europe (in order to fell them there by wholefale) without any moleftation or repetition of the faid duties, or exaction of any others, for the first fale: provided, however, that they who carry the faid wares, fhall bring receipts or certificates from the farmers, or commiffioners of the cuf tom-houses, from whence it may appear, that the said rights have been paid for thofe wares, and likewife other certificates, proving that the said wares have not yet been fold; but if any merchant fells his wares by retail, he shall be bound, under fuch penalties as are inficted by law, to pay all the local and municipal duties which are due and cuftomary at the fale of them, together with the rights de Alcavalos and Cientos, and all others whatsoever.

His Catholic Majefty farther confents, that if, after the certificates above-mentioned have been fhewn, any officer, or gatherer of duties, fhall exact the faid rights again, or fhall give any trouble, or stop the paffage of the wares on that account, the officer guilty of the faid fault shall incur the penalty of 2,000 ducats, payable to the use of his Majefty's chamber, or of the general hofpital at Madrid; the notaries of the custom-houses, or the contraband, fhall not receive above 15 ryals Villon, for dispatching the faid certificates, unless it

fhall