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duty. And you are also to pay the judge conservator, which shall be named, his salary, or to help to bear his charges, which he shall enjoy for his labour or pains in the said business, before you shall enjoy thereof, which is to appear by certificate of the office of this duty. Given in S aragofa, the nineteenth day of March, anno 1645.
I the King.
I Anthony Carnero, Secretary of the King our Lord, did cause it to be written by his commandment. Registered, Michael de Lariaga, Lieutenant of the Lord High Chancellor. Michael de Lariaga. The copy was taken Jeronimo de Canencia; Don John Chumazero y Carillo, Doctor. Don Anthony de Campo Redondo y Rio, Licentiate.
This copy doth agree with that out of which it was taken, which for this effect was exhibited unto me by William Bland, dwelling in the city of Sivil, who took it away again with him the nth of April, anno 1645.
Joseph de Pineda, Notary Public of the city of Sivil, for the King.
[The following is printed from the Treaty which was published by authority, in 1686.]
A Treaty for the composing of "Differences, restraining of Depredations, and establishing of Peace in America, between the Crowns of Great Britain and Spain, concluded at Madrid, the ^ Day of July, in the Tear of our Lord 1670.
WHEREAS, for many years past, the good understanding and correspondence between the English and Spanish nations having been disturbed in America, it pleased the most Serene and Powerful Prince Charles, King of Great Britain, &c. in order to the restoring and regulating the same for the future, to send into Spain his envoy extraordinary Sir William Godolphin, Knight, with full authority and power to make any treaty convenient and proper for that end: and likewise the most Serene and Powerful Charles, King of Spain, &c. and the Queen Regent Maria-Anna, &c. for the carrying on a work of so much piety and public good, deputed on their part the Earl of Penaranda, Counsellor of State, and President of the Indies, to confer, treat, and conclude thereupon with the said Sir William Godolphin: at length they mutually resolved and agreed upon the articles of the following treaty, in virtue of their several commissions.
I. First, it is agreed between the above-mentioned plenipotentiaries, Sir William Godolphin and the Earl of Penaranda, in the names of the most Serene Kings respectively, their masters, that the articles of peace and alliance made between the crowns of Great Britain and Spain, in Madrid, on the 44 of May 1667, or any clause thereof, shall in no manner be deemed or understood to be taken away or abrogated by this present treaty; but that the same shall remain perpetually in their ancient force, stability, and vigour, so sar forth as they are not contrary or repugnant to this present convention and articles, or to any thing therein contained.
II. That there be an universal peace, true and sincere amity, in America, as in the other parts of the world, between the most Serene Kings of Great Britain and Spain, their heirs and successors, and between the kingdoms, states, plantations, colonies, forts, cities, islands, and dominions, without any distinction of place belonging unto either of them, and between the people and inhabitants under their respective obedience, which shall endure from this day for ever, and be observed inviolably, as well by land as by sea and fresh-waters, so as to promote each the welsare and advantage of
D 2 the the other, and savour and assist one another with mutual love; and that every where, as well in thofe remote countries as in these which are nearer, the saithsul offices of good neighbourhood and friendship may be exercised and increase between them.
III. Also, that for the time to come, all enmities, hostilities, and discords, between the said Kings, their subjects and inhabitants, cease and be abolished: and, that both parties do altogether forbear and abstain from all plundering, depredation, injuries, and infestation whatsoever, as well by land as by sea, and in freshwaters, every where.
IV. The said most Serene Kings shall take care that their subjects do accordingly abstain from all force and wrong-doing: and they shall revoke all commissions and letters of reprisal and mart, or otherwise containing licence to take prizes, of what condition or kind soever, being to the prejudice of the one or other of the said Kings, or of their subjects, whether the same have been given or granted by them unto subjects or inhabitants, or unto strangers; and shall declare the same to be void and of no force, as by this treaty of peace they are declared so to be: and whosoever shall do any thing to the contrary, he shall be punished not only criminally, according to the merit of his offence, but shall also be compelled to make restitution and satissaction for the losses to the parties damnified, requiring the same.
V. And surthermore, the said Kings shall denounce, as by the tenor of these presents every of them hath and doth renounce, whatsoever league, confederation, capitulation, and intelligence, made by what manner soever, in the prejudice of the one or the other, which doth or may repugn against this peace and concord, and all and singular the contents thereof: all which and every of them, so sar as they do concern the effect aforesaid, they shall annul and make void, and declare to be of no force or moment.
4 VI. The
VI. The prisoners on both sides, one and all, of what degree or condition soever, detained by reason of any hostilities hitherto committed in America, shall be forthwith set at liberty, without ransom, or any other price of their freedom.
VII. All offences, damages, losses, injuries, which the nations and people of Great Britain and Spain have at any time heretofore, upon what cause or pretext soever, suffered by each other in America, shall be expunged out of remembrance, and buried in oblivion, as if no such thing had ever past.
Moreover, it is agreed, that the most Serene King of Great Britain, his heirs and successors, shall have, hold, keep, and enjoy for ever, with plenary right of sovereignty, dominion, possession, and propriety, all those lands, regions, islands, colonies, and places whatsoever, being or situated in the West Indies, or in any part of America, which the said King of Great Britain and his subjects do at present hold and possess; so as that in regard thereof, or upon any colour or pretence whatsoever, nothing more may or ought to be urged, nor any question or controversy be ever moved concerning the same hereafter.
VIII. The subjects and inhabitants, merchants, captains, masters of ships, mariners of the kingdoms, provinces, and dominions of *each confederate respectively, shall abstain and forbear to sail and trade in the ports and havens which have fortifications, castles, magazines, or warehouses, and in all other places whatsoever possessed by the other party in the West Indies; to wit, The subjects of the King of Great Britain shall not sail unto, and trade in the havens and places which the Catholic King holdeth in the said Indies; nor in like manner shall the subjects of the King of Spain feil unto, or trade in thofe places which are possessed there by the King of Great Britain.
IX. But if, at any time hereafter, either King shall think fit to grant unto the subjects of the other, any D 3 general general or particular licence or privileges of navigating unto, and trading in any places under his obedience who shall grant the same, the said navigation and trade shall be exercised and maintained according to the form, tenor, and effect of the said permissions or privileges to be allowed and given; for the security, warrant, and authority whereof, this present treaty and the ratification thereof shall serve.
X. It is also agreed, that in cafe the subjects and inhabitants of either of the confederates, with their shipping (whether public and of war, or private and of merchants) be forced at any time through stress of weather, pursuit of pirates and enemies, or other inconvenience whatsoever, for the seeking of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, havens, roads, shores, and ports belonging to the other in America, they shall be received and treated there with all humanity and kindness, and enjoy all friendly protection and help: and it shall be lawful for them to refresh and provide themselves, at reasonable and the usual rates, with victuals and all things needful, either for the sustenance of their persons, or reparation of their ships, and conveniency of their voyage; and they shall in no manner be detained or hindered from returning out of the said ports or roads, but shall remove and depart, when and whither they please, without any let or impediment.
XI. Likewise, if any ships belonging to either confederate, their people and subjects, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked (which God forbid) or suffer any damage, the persons shipwrecked and cast on the shore shall in no sort be kept prisoners, but, on the contrary, all friendly assistance and relief shall be administered to their distress, and letters ofsafe-conduct given them for their free and quiet passage thence, and the return of every one to his own country.
XII. But when it shall happen, that the ships of