or against that Prince or Princefs to whom the fucceffion to the crown of Great Britain fhall belong, ac cording to the acts of parliament, as abovefaid.

VII. That the ordinary diftribution of juftice be reftored and open again through the kingdoms and dominions of each of their Royal Majefties, fo that it may be free for all the fubjects on both fides, to profecute and obtain their rights, pretenfions, and actions, according to the laws, conftitutions, and ftatutes of each kingdom. And efpecially if there be any complaints concerning injuries or grievances, which have been done contrary to the tenor of the treaties, either in time of peace, or at the beginning of the war lately ended, care shall be taken that the damages be forthwith made good, according to the rule of justice.

And

VIII. That there be a free ufe of navigation and commerce between the subjects of each kingdom, as it was heretofore, in time of peace, and before the declaration of this late war, in the reign of Charles the Second, of glorious memory, Catholic King of Spain, according to the treaties of friendship, confederation, and commerce, which were formerly made between both nations, according to ancient cuftoms, letters patents, cedulas, and other particular acts; and alfo according to the treaty or treaties of commerce which are now, or will forthwith be made at Madrid. whereas, among other conditions of the general peace, it is by common confent established as a chief and fundamental rule, that the exercife of navigation and commerce to the Spanish Weft Indies fhould remain in the fame state it was in the time of the aforefaid King Charles the Second; that therefore this rule may hereafter be obferved with inviolable faith, and in a manner never to be broken, and thereby all caufes of distrust and fufpicion concerning that matter may be prevented and removed, it is especially agreed and concluded, that no licence, nor any permiffion at all, shall at any time be given, either to the French, or to any nation VOL. II. whatever,

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whatever, in any name, or under any pretence, directly or indirectly, to fail, to traffic in, or introduce negroes, goods, merchandizes, or any things whatsoever, into the dominions fubject to the crown of Spain in America, except what may be agreed by the treaty or treaties of commerce abovefaid, and the rights and privileges granted in a certain convention, commonly called El Affiento de Negros, whereof mention is made in the twelfth article; except alfo whatfoever the faid Catholic King, or his heirs or fucceffors, fhall promife by any contract or contracts for the introduction of negroes into the Spanish West Indies, to be made after that the convention or the Affiento de Negros above-mentioned fhall be determined. And, that more ftrong and full precautions may be taken on all fides, as abovefaid, concerning the navigation and commerce to the West Indies, it is hereby further agreed and concluded, that neither the Catholic King, nor any of his heirs and fucceffors whatsoever, fhall fell, yield, pawn, transfer, or by any means, or under any name, alienate from them and the crown of Spain, to the French, or to any other nations whatever, any lands, dominions, or territories, or any part thereof, belonging to Spain in America. On the contrary, that the Spanish dominions in the Weft Indies may be preferved whole and entire, the Queen of Great Britain engages, that she will endeavour, and give affiftance to the Spaniards, that the ancient limits of their dominions in the West Indies be restored, and fettled as they ftood in the time of the above-faid Catholic King Charles the Second, if it fhall appear that they have in any manner, or under any pretence, been broken into, and leffened any part, fince the death of the aforefaid Catholic King Chales the Second.

in

IX. It is further agreed and concluded as a general rule, that all and fingular the fubjects of each kingdom fhall, in all countries and places, on both fides, have and enjoy at leaft the fame privileges, liberties,

and immunities, as to all duties, impofitions, or cuf toms whatsoever, relating to perfons, goods, and merchandizes, fhips, freight, feamen, navigation, and commerce; and shall have the like favour in all things, as the fubjects of France, or any other foreign nation, the most favoured, have, poffefs, and enjoy, or at any time hereafter may have, poffefs, or enjoy.

X. The Catholic King does hereby, for himself, his heirs and fucceffors, yield to the crown of Great Bri tain the full and intire propriety of the town and caftle of Gibraltar, together with the port, fortifications, and forts thereunto belonging; and he gives up the faid propriety to be held and enjoyed abfolutely with all manner of right for ever, without any exception or impediment whatsoever. But that abuses and frauds may be avoided by importing any kinds of goods, the Catholic King wills, and takes it to be underflood, that the above-named propriety be yielded to Great Britain without any territorial jurifdiction, and without any open communication by land with the country round about. Yet whereas the communication by fea with the coaft of Spain may not at all times be fafe or open, and thereby it may happen that the garrifon, and other inhabitants of Gibraltar may be brought to great ftraits; and as it is the intention of the Catholic King, only that fraudulent importations of goods fhould, as is abovefaid, be hindered by an inland communication, it is therefore provided, that in fuch cafes it may be lawful to purchase, for ready money, in the neighbouring territories of Spain, provifions, and other things neceffary for the ufe of the garrifon, the inhabitants, and the fhips which lie in the harbour. But if any goods be found imported by Gibraltar, either by way of barter for purchafing provifions, or under any other pretence, the fame fhall be confifcated, and complaint being made thereof, thofe perfons who have acted contrary to the faith of this treaty, fhall be feverely punished. And her Britannic Majefty, at the request of the Catholic King, does confent and agree, that no G 2 leave

leave shall be given, under any pretence whatsoever, either to Jews or Moors, to refide or have their dwellings in the faid town of Gibraltar; and that no refuge or shelter fhall be allowed to any Moorish ships of war in the harbour of the said town, whereby the communication between Spain and Ceuta may be obftructed, or the coafts of Spain be infefted by the excurfions of the Moors. But whereas treaties of friendfhip, and a liberty and intercourfe of commerce are between the British and certain territories fituate on the coast of Africa, it is always to be understood, that the British subjects cannot refufe the Moors and their ships entry into the port of Gibraltar purely upon the account of merchandizing. Her Majefty the Queen of Great Britain does further promife, that the free exercife of their religion fhall be indulged to the Roman Catholic inhabitants of the aforefaid town. And in cafe it fhall hereafter feem meet to the crown of Great Britain to grant, fell, or by any means to alienate therefrom the propriety of the faid town of Gibraltar, it is hereby agreed, and concluded, that the preference of having the fame fhall always be given to the crown of Spain before any others.

XI. Moreover the Catholic King doth in like manner for himself, his heirs and fucceffors, yield to the crown of Great Britain the whole island of Minorca, and doth transfer thereunto for ever, all right, and the moft abfolute dominion over the faid ifland, and in particular over the town, castle, harbour, and fortifications of the bay of Minorca, commonly called Port Mahon, together with the other ports, places, and towns fituated in the aforefaid ifland. But it is provided, as in the above-written article, that no refuge or fhelter fhall be open to any fhips of war of the Moors in Port Mahon, or in any other port of the faid ifland of Minorca, whereby the Spanish coafts may be infefted by their excurfions: and the Moors and their fhips fhall only be allowed to enter the island aforefaid on account of traffic, according to the agree

ment

ment of treaties. The Queen of Great Britain promifes alfo on her part, that if at any time it shall happen that the inland of Minorca, and the ports, towns, and places therein fituated, be by any means hereafter alienated from the crown of her kingdoms, the preference fhall be given to the crown of Spain, before any other nation whatever, of redeeming the poffeffion and propriety of the aforefaid ifland. Her Royal Majefty of Great Britain moreover engages, that he will take care, that all the inhabitants of the faid island, both ecclefiaftical and fecular, fhall fafely and peaceably enjoy all their eftates and honors, and the free ufe of the Roman Catholic religion fhall be permitted: and measures shall be taken for preferving the aforefaid religion in that ifland, provided the fame be confiftent with the civil government and laws of Great Britain. Thofe likewife who are now in the fervice of his Catholic Majefty, fhall enjoy their honors and eftates, though they continue in the faid fervice; and it shall be lawful for any perfon, who is defirous to leave the faid ifland, to fell his eftate, and pafs freely with the value thereof into Spain.

XII. The Catholic King doth furthermore hereby give and grant to her Britannic Majefty, and to the company of her fubjects appointed for that purpose, as well the fubjects of Spain, as all others, being excluded, the contract for introducing negroes into feveral parts of the dominions of his Catholic Majefty in America, commonly called El Pacto de el Affiento de Negros, for the pace of thirty years fucceffively, beginning from the first day of the month of May, in the year 1713, with the fame conditions on which the French enjoyed it, or at any time might or ought to enjoy the fame, together with a tract or tracts of land to be allotted by the faid Catholic King, and to be granted to the company aforefaid, commonly called La Compañia de el Affiento, in fome convenient place on the river of Plata (no duties or revenues being payable by the faid company on that account during the time of

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