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and a perpetual and sincere friendship, and a general oblivion of every thing that has been done, on both sides, upon occasion of the last war.
II. The treaties of peace and commerce, concluded at Utrecht on the 13th of July, and the 9th of December, in the year 1713, wherein are comprehended, the treaty made at Madrid in the year 1667 and the ce- dulas therein mentioned, shall remain ratified and confirmed by the present treaty, except the third, fifth, and eighth articles of the laid treaty of commerce, commonly called explanatory; which have been annulled by virtue of another subsequent treaty, made at Madrid, the 14th of the month of December 1715, between the ministers plenipotentiary, named for that purpofe, by their Britannic and Catholic Majesties, which treaty remains likewise confirmed and ratified; as also the particular contract, commonly called The Asiiento, for the importation of negro slaves into the Spanish Indies, which was made the 26th of March, in the said year 1713, in consequence of the 12th article of the treaty of commerce of Utrecht; and likewise the treaty of declaration, concerning that of the Assiento, made the 26th of May 1716: all which treaties, mentioned in this article, with their declaration, shall remain in their sull force, virtue, and vigour, in every thing wherein they shall not be contrary to this; and, to the end they may have their entire effect and accomplishment, his Catholic Majesty will cause his circular orders, cedulas, to be dispatched to his viceroys, governors, and other ministers, to whom it shall belong, of the ports and towns in America, that the ships employed for the traffic of negroes by the royal company of Great Britain established at London, may be admitted, without hinderance, to trade freely, and in the same manner as they did before the last rupture between the two crowns; and the above-mentioned cedulas shall be delivered as soon as the ratifications of the present treaty shall have been exchanged; and at the same , Vol. II. P rime
time his Catholic Majesty will give his orders to the council of the Indies, that the junta, compofed of ministers taken out of that council, and appointed for the cognizance (exclusive of all others) of the causes that respect the said Affiento, may again have its course, admit of, and consult upon thofe affairs, according to the rule established at the time of its appointment; and as to what regards the observation of the treaties of peace and commerce, circular orders shall be dispatched to all the governors of Spain, to the end that they may, without any of their interpretations, cause them u>be observed and accomplished: as in like manner shall be given, on the part of his Britannic Majesty, the orders which shall be demanded and judged necessary for the accomplishment of every thing that has been stipulated and agreed between the two crowns in the above-mentioned treaties of Utrecht; and particularly as to what may not have been put in execution of the points settled by the eighth, eleventh, and fifteenth articles of the treaty of peace, which mention the leaving to the Spaniards the free commerce and navigation to the West Indies, and the maintaining the antient limits in America, as they were in the time of King Charles II. the free exercise of the Catholic religion in the island of Minorca, and the cod-fishing in the seas of Newfoundland; as well as with regard to all the other articles which may not hitherto have been put in execution on the part of Great Britain.
III. Forasmuch as by the seventh article of the treaty of commerce of Utrecht it was agreed, that all the goods confiscated at the beginning of the former war should be restored, in regard the confiscation thereof had been made contrary to the tenor of the 36th article of the treaty of 1667, his Catholic Majesty, in like conformity, will order, that all the goods, merchandizes, money, ships, and other effects, which have been seized, as well in Spain as in the Indies, by virtue of his orders of the month of September tember 1718, or of any other subsequent orders, at the time before the war was declared between the two crowns, or after it was declared, be speedily restored in their same kind, as to thofe which shall be still in being; or, if they are not, the just and true value of them at the time that they were seized; the valuation whereof, if, by omission or neglect, it was not then made, shall be adjusted according to the authentic informations that the owners shall produce before the ordinary magistrates of the towns and places where the said effects shall have been seized. And it is certain, that the orders of his Catholic Majesty (although they directed, that inventories of thofe goods and effects should be made and drawn up, and accounts and declarations should be kept) have not, however, been executed in that manner in several places, it has been agreed, that if the proprietors make it appear, by legal proofs, informations, and other documents, that any of them have been omitted in the said inventories, his Catholic Majesty will give express orders, that the value of thofe things which shall have been omitted, be paid by the treasurers or other persons, through whofe neglect such omissions shall have been made.
IV. It is mutually agreed, that his Britannic Majesty shall give order to his governors, officers, and other ministers, to whom it shall belong, to cause to be restored all the goods and effects of the subjects of his Catholic Majesty, which they shall prove to have been seized and confiscated in the dominions of his Britannic Majesty, upon occasion of the last war; in the same manner as it has been settled in the foregoing article, in savour of the subjects of his Britannic Majesty.
V. It is also agreed, that his Britannic Majesty shall cause to be restored to his Catholic Majesty all the ships of the Spanish fleet, which were taken by that of England, in the naval batde that was fought in the month of August 1718, in the seas of Sicily; with
P 2 the the guns, sails, rigging, and other equipage, in the condition they are at present; or else the value of thofe which may have been sold, at the same price that the purchasers shall have given, according to the proofs and vouchers: and for the execution of this restitution, his Britannic Majesty shall cause the proper orders to be dispatched, immediately after the ratification of this treaty. It is also declared, that the other pretensions that there may be, on both sides, between the two crowns, concerning matters whereof there is no mention made in the present treaty, and which are not comprehended in the second article hereof, shall be treated of at the approaching congress of Cambray.
VI. The present treaty shall have its effect immediately after it shall have been mutually ratified; and the letters of ratification shall be exchanged in six weeks after the signing, or sooner, if possible; deferring its publication till the general peace shall have been concluded at the congress of Cambray, between all the panies concerned; or till their Britannic and Catholic Majesties shall have particularly agreed upon it.
In witness whereof, we the under-written ministers plenipotentiaries of his Britannic Majesty and his Catholic Majesty, being furnished with our full powers, which have been mutually communicated, and copies whereof shall be here under transcribed, have signed the present treaty, and affixed thereto the seals of our arms. Done at Madrid, the 13th of June, 1721.
(L. S.) William Stanhope. (L. S.) El Marquis de Grimalde.
Treaty of Defensive Alliance, betwixt France, Spain, and Great Britain. At Madrid, June 13, 1721.
THE differences that have happened betwixt their Britannic and most Christian Majesties on the one part, and his Catholic Majesty on the other, having not a litde impaired the friendship which they always shewed to one another, it has been a long time their ardent wish to re-establish the good correspondence and sincere amity which ought to prevail among them, and which will always be the strongest support of the greatness to which God has raised them, and the surest means to preserve the public tranquillity, as well as the happiness and mutual advantages of their subjects; and it is with a view to cement and corroborate, if possible, these dispositions, which are as conducive to the mutual glory and security of their crowns, as they are conformable to the welsare and tranquillity of all Europe, that their Britannic, most Christian, and Catholic Majesties have resolved to unite in so strict a manner, that they may act hereaster as if they had only the same view, and the same interest: and for this end the most Serene King of Great Britain, &c. having given full powers to treat in his name, to William Stanhope, Esq. colonel of a regiment of dragoons, a member of the parliament of Great Britain, and ambassador extraordinary from his Britannic Majesty to the court of the Catholic King; the most Serene the most Christian King having given full powers, for the same end, to John Baptist Lewis Andrault de Langeron, Marquis de Maulevrier, lieutenant-general of his armies, commander and grand croix of the military order of St. Louis, his envoy extraordinary to his Catholic Majesty; and the most Serene King of Spain having likewise granted his full powers, for the same end, to Don Jofeph Grimaldo, knight of the order of St. Jago, governor of Rueira and Auzechal, a member of the council of the Indies,
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