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chant-ships, from all hostile attempts; so that if it shall appear that the said harbours and ships are in danger of being attacked with a greater force by the enemy, the said high allies shall be obliged to send to Portugal such a number of men of war as shall be equal, or even superior, to the ships and force o"f the enemy who shall meditate an attack upon the abovesaid ships and harbours.
V. But if the foresaid Kings of Spain and France, or either of them, shall make war, or give occasion to suspect that they intend to make war, upon the pro^ vinces or dominions of Portugal beyond seas, the above-mentioned Powers of Great Britain and Holland shall furnish to his Portuguese Majesty such a number of men of war as shall be equal, or even superior, to the ships of the enemy; ib that he may be able not only to oppofe them, but even to prevent such attack or invasion, as long as the war shall last, or occasion require. And if the enemy shall take any town or seize any place, which they may fortify, in the foresaid provinces and dominions beyond seas, these succours shall continue until such town or place be fully recovered, or more towns and places, if more should be taken.
VI. All these auxiliary ships shall be subject to the command of his Portuguese Majesty, so that they shall perform whatever shall be enjoined by his said Majesty; and if they should sail to the Portuguese provinces and dominions beyond seas, they shall there likewise perform whatever shall be enjoined them, in the name of his Majesty, by his viceroys and governors.
VII. When these auxiliary ships of the two Powers of Great Britain and Holland shall be joined with the Poituguese ships (in which case they must always assist them) the admiral of the Portuguese steet, who has the right of carrying the flag, shall give signals, and summon to a council of war, which shall be held in
his own cabin; and the same admiral of the Portuguese fleet shall issue the necessary orders for executing thofe points which shall have been resolved upon in the council of war; which points the admirals of the auxiliary ships shall execute, each with his own ships.
VIII. But if, at any time, the ships of the three allied nations shall be conjoined in order to attempt any thing, in which all the allies are equally interested, the admiral, who has the right of carrying the flag, and has under his command the greatest number of ships of his own nation, shall enjoy the right and privilege mentioned in the former article, viz. of giving signals, of summoning to a council of war in his own cabin, and of doing every other thing requisite, as is above specified.
IX. The twelve thousand men, which the Powers of Great Britain and Holland are bound to surnish to his Portuguese Majesty, and to maintain at their own expence, and occasionally recruit, during the continuance of the war, as stipulated in the third article of this treaty, shall be subject, not only to the supreme command of his Portuguese Majesty, but also to that of his commanders or generals, and even of such of his officers as by their rank in the army are superior to them. But for breach of orders, and for the crimes and enormities of which they shall be guilty, they shall be punished by the commanders or generals of their own army, in the fame manner as the Portuguese themselves are punished by martial law, especially for thofe crimes which regard the violation of religion.
X. The high allies shall, in the case above-mentioned, grant full liberty, and all kind of aid and assistance to the commissaries of his Portuguese Majesty, to export from their territories and harbours all forts of military stores, such as powder, balls, arms, corn, and every other kind of ammunition, that shall be desired of them, as well belonging to the sea as the land service; and that too at the same price as the said high allies are wont to purchase them for their own use, and without the least alteration in the charge. v
XI. If ever it should happen that the Kings of Spain and France, or either of them, should make war upon the kingdom of Great Britain, or the States of the United Provinces, his Majesty the King of Portugal shall use his friendly offices with the said Kings, or with either of them, in order to persuade them to observe the terms of peace towards the asoresaid kingdom of Great Britain, and the States of the United Provinces.
XII. But these good offices not proving successsul, but altogether ineffectual, so that war shall be made by the foresaid Kings, or by either of them, upon the kingdom of Great Britain, or the States of the United Provinces, his Majesty the King of Portugal shall, in like manner, be bound to make war, with all his force, upon the asoresaid Kings, or upon either of them: and in this case likewise the foresaid two Powers of Great Britain, and the States of the United Provinces, shall furnish him with the same succours of men and ships as in the preceding articles are stipulated, in case the Kings of France or Spain, or either of them, should make war upon Portugal, and every thing shall be executed in the manner there specified.
XIII. As well in the first, as in the second manner of carrying on the war, his Majesty the King of Portugal shall be bound to maintain ten ships of war for his own defence, and that of his allies; with this proviso, however, that if both the Spaniards and the French, or the Spaniards only, should make war upon the high allies, in that case the ten ships of war of his Portuguese Majesty shall not be bound to depart from the coast of Portugal, because, while in that station, they will be of very great use in dividing the force of the enemy: but if war should be made by the French only, it shall then be lawsul for the Portuguese ships toassist assist the high allies, in conjunction with their own fleets.
XIV. No peace nor truce shall be made but by the common consent of the three allies; and this league shall be perpetual and eternal.
XV. The personal privileges and freedom of trade which the subjects of Great Britain, and the States of the United Provinces, at present enjoy in Portugal, the Portuguese shall, in their turn, enjoy in the dominions of Great Britain and the States of the United Provinces.
XVI. If from the copies of the treaty, in which an agreement was made concerning Bombay, between the crowns of Portugal and Britain, it should appear, that either party has transgressed, or not sulfilled the terms of that convention, every thing shall be regulated according to the spirit of the said treaty.
XVII. Portuguese ships shall not be obliged to pay any thing for casting anchor in the port of Mallacca, unless the other nations of Europe are obliged to do the same.
XVIII. Piratical ships, of whatever nation, shall not only not be permitted or received into the ports which their Portuguese and Britannic Majesties, and the States General of the United Provinces, possess in the East Indies, but shall be deemed the common enemies of the Portuguse, the English, and the Dutch.
XIX. In time of peace, there shall be admitted into the greater ports of the kingdom of Portugal, six ships of war of each of the nations of Great Britain and the United Provinces, besides other six ships, which were permitted by virtue of former treaties; so that in the whole twelve ships may be admitted, and all in the same manner as the former six were permitted. And into the lesser ports, there shall be admitted
such a number of ships as they can conveniently receive.
XX. The said plenipotentiaries promise, that their above-mentioned sovereigns shall ratify this treaty, in due and lawsul form; and that the ratifications shall be exchanged in this royal city of Lisbon, within the space of three months, counting from the time of subscribing.
In witness whereof, we the above-named Plenipotentiaries of her Majesty the Queen of Great Britain, and of the High and Mighty Lords the States General of the United Provinces, have signed this instrument, and thereto set our seals. And the Plenipotentiaries of his Portuguese Majesty, in order to avoid the controversy that subsists concerning the prerogative of the place, between the crowns of Great Britain and Portugal, have, agreeable to the manner and custom observed between the two crowns, separately signed and sealed another instrument of the same tenor, changing only thofe particulars which on account of this circumstance were to be changed.
Lisbon, May 16, (L. S.) Paul Methuen.
1703. (L. S.) Schonemberg.
Ratified by the Queen at Windsor, on the iath of July, 1703.
[The following is printed from a copy in the books of the Board of Trade.]
. Treaty with Portugal, dated 2jtb December, 1703.
W H E R E A S the league and strict friendship which is between the most Serene and most Potent Princess Anne, Queen of Great Britain, and the most