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ekher(asis above-mentioned) through dangerofthe sea, or other urgent cause, be driven into the ports and havens of the other, if they be three or four together, and may give just ground of suspicion, they shall immediately upon their arrival acquaint the governor or chief magistrate of the place with the cause of their coming, and shall stay no longer than the said governor or chief magistrate will permit, and shall be requisite for the furnishing themselves with victuals, and reparation of their ships: and they shall always take care not to carry out of their ships any goods or packs, expofing them to sale, neither shall they receive any merchandize on board, nor do any thing contrary to this treaty.
XIII. Both parties shall truly and firmly observe and execute this present treaty, and all and every the matters therein contained, and effectually cause the same to be observed and performed by the subjects and inhabitants of either nation.
XIV. No private injury shall in any fort weaken this treaty, nor beget hatred or dissensions between the foresaid nations, but every one shall answer for his own proper sact, and be prosecuted thereupon; neither shall one man satisfy for the offence of another by reprisals, or other such like odious proceedings, unless justice be denied, or unreasonably delayed, in which case it shall be lawful for that King, whose subject hath suffered the lofs' and injury, to take any course according to the rules and method of the law of nations, until reparation be made to the sufferer.
XV. The present treaty shall in nothing derogate from any pre-eminence, right, or dominion, of either confederate in the American seas, channels, or waters, but that they have and retain the same in as full and ample manner as may of right belong unto them : but it is always to be understood, that the liberty of navigation ought in no manner to be disturbed, where nothing is committed against the genuine sense and meaning of these articles.
D 4 XVI. Lastly,
XVI. Lastly, The solemn ratifications of this present treaty and agreement, made in due form, shall be delivered on both sides, and mutually exchanged within the space of four months from this day; and within eight months, to be computed from the said exchange of the instruments (or sooner if possible) they shall be published in all convenient places throughout the kingdoms, states, islands, and dominions of both confederates, as well in the West Indies as elsewhere.
In testimony of all and singular the contents hereof, we the above-mentioned plenipotentiaries have signed and sealed this present treaty, at Madrid, the -sr day of July, in the year of our Lord 1670.
The Count of Penaranda, William Godolphin, (L. S.) (L. S.)
[The following is printed from the Treaty, which was published by authority in 1714.]
Treaty of Peace and Friendship between the Most Serene and Most Potent Princess Anne, by the Grace ofGod, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. and the Most Serene and Most Potent Prince Philip the Fifth, the Catholic King of Spain, concluded at Utrecht the .^ Day of July, 1713.
ANNE, by the grace of God, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. To all and singular to whom these presents shall come, greeting. Whereas a certain treaty of peace and friendship, between us and our good brother Philip the Fifth, Catholic King of Spain, was concluded and signed at Utrecht the X*T day of this present month, by our ambassadors extraordinary and plenipotentiaries,
who who were provided on each part with sufficient authority, in the form and words following:
Whereas it has pleased the Supreme Ruler of all things, after a most grievous war, which for so many years has laid desolate almost the whole Christian world with blood and slaughter, of his divine clemency to dispofe the minds of the Princes engaged in the dispute to the thoughts of peace and concord, after they had been so long inflamed with the rage and fury of arms: and whereas the Most Serene and Most Mighty Lady Anne, by the grace of God, Queen of Great Britain, France, and Ireland, &c. and the Most Serene and Most Mighty Prince Philip the Fifth, by the grace of God, Catholic King of Spain, &c. wish for nothing more heartily, and endeavour nothing more earnestly, than that the ancient bonds of alliance and friendship between the British and Spanish nations should not only be renewed, but also more strongly knit together by fresh engagements of amity and interest on both sides, and transmitted indissoluble to all posterity; in order at last to finish happily so wholesome and so very desirable a work, they have nominated on each side their ambassadors extraordinary and plenipotentiaries, and have instructed them with sufficient orders; that is to say, the Queen of Great Britain on her part, the Right Reverend John, by divine permission, Bishop of Bristol, keeper of the privy seal of England, privy counsellor to her Royal Majesty, dean of Windsor, and register of the most noble Order of the Garter; and the most noble, most illustrious, and most excellent Lord Thomas Earl «f Strassord, Viscount Wentworth of Wentworth Woodhouse, and of Staineborough, baron of Raby, privy counsellor to her Royal Majesty, her ambassador extraordinary and plenipotentiary to the High and Mighty Lords the States General of the United Provinces, colonel of her Majesty's royal regiment of dragoons, lieutenant general of her Majesty's armies, first commissioner of the admiralty of Great Britain and Ireland, and knight of the fltioit noble Order of the Garter. And the Catholic
King King on his part, the most illustrious and most excellent Lord Francis Maria de Paula, Tellez, and Giron, Duke of Ossuna, Count of Urvegna, Marquis of Pennafiel, grandee of Spain of the first class, high chamberlain of the King, great notary of the kingdoms of Castile, one of the commanders, and grand clavero of the Order of Callatrava, and likewise commander of the Order of St. Jago, one of the grandees of the chamber to the Catholic King Philip the Fifth, general commander in his armies, and captain of the fii ft troop of his Majesty's life guards; and the most illustrious and most excellent Lord Isidore Cazado de Azevedo de. Rosalez, Marquis of Monteleone, Viscount of Alcazar Real, counsellor of his Catholic Majesty in the supreme council, one of the honourable chamberlains of the King: which ambassadors extraordinary and plenipotentiaries have consented and agreed to the following conditions of peace and friendship, to the same effect as thofe which were made at the courts of London and Madrid, by ministers on each side.
I. That there be a Christian universal peace, and a perpetual and true friendship, between the Most Serene and Most Mighty Princess Anne, Queen of Great Britain, and the Most Serene and Most Mighty Prince Philip the Fifth, Catholic King of Spain, and their heirs and successors, and also the kingdoms, states, dominions, and provinces of both parties, wheresoever situated, and their subjects; and that the same be so sincerely preserved and cultivated, that neither party do, under any colour whatever, endeavour to attempt any thing to the destruction or detriment of the other, or yield any aid, by what name soever it be called, to thofe who attempt the same, or who endeavour to do any damage, neither may or ought they to help them by any means. On the contrary, their Royal Majesties shall be obliged the one to promote the advantage, honour, and interest of the other, and to direct their councils to that end with all care, that by mutual proof of friendship, the peace which is now made may daily receive new additions of strength.
II. But whereas the war which is so happily ended by this peace, was at the beginning undertaken, and was carried on for so many years with the utmost force, at immense charge, and with almost infinite slaughter, because of the great danger which threatened the liberty and safety of all Europe, from the too clofe conjunction of the kingdoms of Spain and France. And whereas to take away all uneasiness and suspicion, concerning such conjunction, out of the minds of people, and to setde and establish the peace and tranquillity of Christendom by an equal balance of power (which is the best and most solid foundation of a mutual friendship, and of a concord which will be lasting on all sides) as well the Catholic King as the Most Christian King have consented, that care should be taken by sufficient precautions, that the kingdoms of Spain and France should never come and be united under the same dominion, and that one and the same person should never become King of both kingdoms. And to this end his Catholic Majesty has for himself, his heirs, and successors, most solemnly renounced all manner of right, title, and pretension to the crown of France, in the form and words following:
Whereas on the 5th of November in this present year 1712, before Don Manuel of Vadillo and Velas- co, my secretary of state, and chief notary of the kingdoms of Castille, and Leon, and witnesses, I delivered, swore to, and signed a public instrument of the tenor following, which is, word for word, as here ensues.
DON PHILIP, by the grace of God, King of Castille, Leon, Arragon, the Two Sicilies, Jerusalem, Navarre, Granada, Toledo, Valentia, Galicia, Majorca, Seville, Sardinia, Corduba, Corsica, Murcia, Jaen, the Algarves, Algezira, Gibraltar, the Canary Islands, the East and West Indies, the islands and terra firma of the ocean, Archduke of Austria, Duke of Burgundy,