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their heirs and successors, shall not do or undertake any thing, either by themselves or by other persons, against one another, nor against their kingdoms, by sea or land, nor consent or adhere to any war, counsel, or treaty, that may be to the prejudice of the one or the other.
II. That there is and shall be between the foresaid most renowned Kings, and their ships, inhabitants, and subjects on both sides, a free commerce, as well by sea as by land and fresh-waters, in all and every one of their kingdoms, lordships, dominions, islands, and other lands, cities, towns, villages, harbours, and territories of the said kingdoms and states; in which there has been commerce from the time of the Kings of Castile, or has been always to this present; so that the subjects and vassals of both Kings may go, enter, and sail, without any passport, or other general or particular permission, as well by sea as by land and freshwaters, in the kingdoms and dominions aforesaid, and in the cities, towns, harbours, rivers, roads, and territories thereof; and there carry merchandizes, and loads or carriages upon waggons, horses, or in ships, laden or ready to be laden; there to fell and buy as much provision as they please, and surnish themselves with every thing necessary for their subsistence, voyages, or journies; and there mend or repair their ships or waggons, whether they belong to them in property, or they be hired or borrowed: and that they may depart with the same freedom from thence, with their goods, merchandizes, and other things whatsoever, aster having paid only the usual duties and customs on the foot that they are established by the ordinance of each place, to go from thence to their own countries, or to any other places whatsoever that they shall please, and when they think sit, without any trouble or impediment given them.
III. That the subjects of both the above-mentioned renowned Kings shall not be ill-treated in the territories
of either, more than the natives of the place, in their sales and contracts for merchandizes, either as to the price or otherwise; but that the condition of strangers and of natives shall be equal and alike, as is said, agreeably to what has been practised in the execution of the treaties made between the most renowned Kings of Great Britain and Castile.
IV. That the subjects of the most renowned King of Great Britain shall enjoy a sull and entire freedom of trade and commerce in all sorts of merchandizes in the kingdoms, provinces, territories, and isles of the most renowned King of Portugal, in Europe; and may carry on their trade and commerce in the said places, as freely and in the same manner as is allowed to the subjects of the other Princes and States in alliance with the King of Portugal; and that they shall not be bound to pay greater duties, customs, imposts, or other taxes, than the inhabitants and subjects of the said countries, or the other subjects of any other nation whatsoever in alliance with Portugal: and they shall enjoy the same privileges as were formerly granted to the English before the union of Portugal and Castile.
V. That as often as the subjects of the King of Great Britain shall arrive with their ships in the harbours of the most renowned King of Portugal, in his kingdoms and dominions, they shall not be obliged to load or embark in their ships any other fort or quantity of commodities or merchandizes, than what the said subjects of the King of Great Britain shall please, and think good; and that the subjects of the King of Portugal shall enjoy the same liberty in the harbours and dominions of the King of Great Britain.
VI. In cafe any of the subjects of the most renowned King of Portugal, or any other whatsoever, within the extent of his kingdoms and states, or their goods and merchandizes, be seized, taken, or arrested by the officers of the court of inquisition, or by the judges
or or ministers thereof, who are or may be afterwards indebted to the subjects of the most renowed King of Great Britain, the said debts shall be entirely paid with the money arising from the said goods and merchandizes the following year, which shall begin from the day of the said seizure and arrest, without any trouble or hinderance from the said court, or from the judges and ministers thereof, in any manner whatsoever; and if any part of the goods and merchandizes of the said subjects of the King of Great Britain remain yet untouched, among the laid goods and merchandizes thus seized and arrested, they shall be restored to them without delay.
VII. That the captains, masters, officers, and mariners of the ships of the most renowned King of Great Britain, shall not begin any pursuits, nor procure any trouble against the said ships, nor against any of the subjects of the said King, within the extent of the kingdoms and dominions of the King of Portugal, for their wages or salaries, on pretext that they will make profession of the Romish religion, or that they will list themselves in the service of the most renowned King of Portugal.
VIII. That the consuls nominated and established by the most renowned King of Great Britain, for the aid and protection of his subjects living within the extent of the kingdoms and states of the most renowned King of Portugal, shall fully and freely exercise the function and business of consuls in the extent of the said kingdoms and states, although they do not make profession of the Romish religion.
IX. In case any of the subjects of the most renowned King of Great Britain happen to die within the extent of the kingdoms and states of the most renowned King of Portugal, their books, accounts, merchandizes, and goods, or thofe of any other subjects whatsoever of the King of Great Britain, shall not from henceforth be taken or seized by the judges of
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orphans or people absent, nor by their ministers or officers, nor shall they be under their jurisdiction; but the said goods, merchandizes, and accounts, shall be delivered, by thofe in whofe possession they shall be, into the hands of the English agents or sactors living in the town or place where they shall have deceased, and who shall have been named and appointed by the defunct: and if the person deceased has named none in his life-time, they shall be put into the hands of one or two English merchants (provided they be not married) by the authority of the conservator; and they shall oblige themselves to give up and restore the said goods and merchandizes to the true owners, or to their lawsul creditors; and the goods which shall be found to belong to the desunct, shall be put into the hands of his heirs, executors, and creditors.
• X. That the most renowned King of Portugal, or his ministers, within the extent of his kingdoms and states, may not retain the ships of the subjects of the most renowned King of Great Britain, nor his subjects, without his knowledge and consent, for warlike services, or any other service whatsoever; but the said ships and subjects may freely depart, when they please, from the ports and harbours of the said King, without any hinderance from the King of Portugal or his ministers: and the goods and merchandizes of the subjects of the King of Great Britain may not be taken for the service of the King of Portugal, but only at the current and reasonable price, to be paid within two months, unless both parties agree upon some other time.
XI. That the subjects of the most renowned King of Great Britain may carry their ships, all forts of goods, commodities, and merchandizes whatsoever, and even arms, victuals, or any other provisions of that nature, out of the ports and states of the said King, or out of any other ports or states whatsoever, provided they do not carry them strait out of the ports of
Portugal, Portugal, or the dominions thereupon depending, to be transported into the ports and territories of the most renowned King of Castile; and that neither the renowned King of Portugal, nor his subjects, may, by way of seizure, reprisal, or any other method whatsoever, hinder the said ships, goods, or persons of the subjects of the King of Great Britain, from sailing safely into the ports and territories of the said King of Castile, and there carry on their trade and commerce: and that the subjects of the Kings of Great Britain and of Portugal shall have the same power on both sides; if afterwards it should happen that the one or the other of the said Kings should make war upon the friends of the other: and the subjects of the King of Great Britain may bring all forts of merchandizes, and even arms, victuals, or any other fort of provisions whatsoever, and things of the like nature, into the kingdoms and states of the King of Portugal, and may there fell them as they think good, in open market, without any hinderancefrom the most renowned King of Portugal or his ministers.
XII. And that the treaty of truce made with Don Michael de Noronha, Count de Linhares, viceroy of Goa, and William Metwold, president of the English in the East Indies, the 20th of January 1635, N. S. shall be continued and kept between the subjects of both Kings in the East Indies, and in all the states of the most renowned King of Portugal, beyond the Cape of Good Hope; and that the commissioners to be named by both Kings shall within three months take cognizance of the demands which have been or shall be made by the subjects and ships of the said Kings, in the East Indies, with relation to their commerce in the said Indies; that so by this means a perpetual peace and alliance may be established and confirmed by both Kings, between their subjects on both sides.
XIII. And forasmuch as the free commerce and navigation of the subjects of the King of Great Britain,
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