Page images

upon any pretence whatsoever. And it shall be per-' mitted to the people and subjects of either King, in the respective places where they shall reside, to keep their books of accompt, traffic, and correspondence, in what language they please, in English, Spanish, Dutch, or any other, the which shall not be molested, or subject to any inquisition. · And whatsoever else hath been granted by either party, concerning this particular, to any other nation, shall be understood likewise to be granted here.

XXXII. That in case the estate of any person or persons shall be fequeftered or seized on, by any court of justice or tribunal whatsoever, within the kingdoms and dominions of either party, and any estate or debe happen to lie in the hands of the delinquents, belonging bona fide to the people and subjects of the other, the faid estate or debts Thall not be confiscated by any of the said tribunals, but shall be restored to the true owners in specie, if they yet remain, and if not, the value of them (according to the contract and agreement which was made between the parties) shall be restored within three months after the said sequestration,

XXXIII. That the goods and estates of the people and subjects of the one King, that shall die in the countries, lands, and dominions of the other, shall be pre, ferved for the lawful heirs and successors of the deceased; the right of any third person always reserved.

XXXIV. That the goods and estates of the fubjects of the King of Great Britain, that shall die without making a will, in the dominions of the King of Spain, shall be put into inventory, with their papers, writings, and books of accompt, by the consul or other public minister of the King of Great Britain, and deposited in the hands of two or three merchants that shall be named by the said consul or public minister, to be kept for the proprietors and creditors ; and neither the Cruzada, nor any other judicatory whatsoever, shall intermeddle therein ; which also, in the like case, shall be

C 3


observed in England towards the subjects of the King of Spain.

XXXV. That a decent and convenient burial-place shall be granted and appointed to bury the bodies of the subjects of the King of Great Britain, who shall die within the dominions of the King of Spain.

XXXVI. If it shall happen hereafter, that any difference fall out (which God forbid) between the King of Great Britain and the King of Spain, whereby the mutual commerce and good correspondence may be endangered, the respective subjects and people of each party shall have notice thereof given thein in time, that is to say, the space of fix months, to transport their merchandize and effects, without giving them in that time any molestation or trouble, or retaining or embarking their goods or persons.

XXXVII. All goods and rights concealed or embarked, moveables, immoveables, rents, deeds, debts, credits, and the like, which have not with a forinal notice of the cause, and by a legal condemnation, accor-. ding to the ordinary justice, been brought into the royal exchequer at the time of concluding this treaty, shall remain at the full and free disposal of the proprietors, their heirs, or of those who shall have their right, with all the fruits, rents, and emoluments thereof, and neither those who have concealed the said goods, nor their heirs shall be molested for this cause by the exchequers respectively; but the proprietors, their heirs, or those who shall have their right, shall have for the said goods. and rights their action at law, as for their own proper goods and estate. - XXXVIII. It is agreed and concluded, that the people and subjects of the King of Great Britain, and of the King of Spain, shall have and enjoy in the respective lands, feas, ports, havens, roads, and territories of the one or the other, and in all places whatsoever, the same privileges, securities, liberties, and im


munities, whether they concern their persons or trade, with all the beneficial clauses and circumstances which have been granted, or shall be hereafter granted by either of the said Kings, to the Most Christian King, the States General of the United Provinces, the Hans-towns, or any other kingdom or state whatsoever, in as full, ample, and beneficial manner, as if the fame were particularly mentioned and inserted in this treaty.

XXXIX. In case any difference or dispute shall happen on either side, concerning these articles of trade and commerce, by either the officers of the admiralty, or other person whatsoever, in the one or the other kingdom; the complaint being presented by the party concerned, to their Majesties, or to any of their council, their faid Majesties shall cause the damages forthwith to be repaired, and all things, as they are above agreed, to be duly executed : and in case that in progress of time any frauds or inconveniences be discovered in the navigation and commerce between both kingdoms, against which sufficient prevention harh not been made in these articles, other provisions may be hereafter mutually agreed on, as shall be judged convenient, the present treaty remaining still in full force and vigour. • XL. It is likewise accorded and concluded, that the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep, and procure to be observed and kept, by their fubjects and inhabitants respectively, all and singular the capitulations in this present treaty agreed and concluded: neither shall they directly or indirectly infringe the fame, or consent that the same shall be infringed by any of their subjects or inhabitants. And they shall ratify and confirm all and singular the conventions before accorded by letters patents reciprocally, in sufficient, full, and effectual form, and the same so formed and made, shall interchangeably deliver, or cause to be delivered, faithfully and really, within four months after the date of these presents ; and they shall then, as soon


as conveniently may be, cause this present treaty of peace and amity to be published in all places, and in the manner accustomed. Dated at Madrid, the day of May, in the year of

our Lord 1667.

The Form of Letters which ought to be given by the

Towns and Sea-ports, to the Ships and Vessels setting

fail from thence. TO all unto whom these presents shall come; We the governors, consuls, or chief magistrate or commifsioners of the customs, of the city, town, or province of N. do testify and make known, that N. N. master of the ship N. hath before us, under folemn oath declared, that the ship N. of

tun (more or lels) of which he is at present master, doth belong to the inhabitants of N. in the dominions of the Most Serene King of Great Britain. And we, defiring that the said master may be assisted in his voyage and business, do intreat all persons in general and particular, who shall meet him, and those of all places where the said master shall come with the said ship and her merchandize, that they would admit him favourably, treat him kindly, and receive the said ship into their ports, bays, havens, rivers, and dominions, permitting her quietly to fail, pass, frequent, and negotiate there, or in any other places, as shall seem good to the said master, paying still the toll and customs which of right shall be due. Which we will acknowledge gratefully upon the like occasions. In witness whereof, we have signed these presents, and sealed them with the seal of our town.

Will. Godolphin. Don Pedro Fernandez del

Campo y Angulo.

[ocr errors]

The Copy of a Patent containing several gracious Privileges, lately granted by the High and Mighty Philip


DON PHILID of the said Treaty.

the Fourth, King of Spain, &c. which are confirmed by the foregoing Treaty, and whereof mention is made

in the ninth Article of the said Treaty.' DON PHILIP, by the grace of God, King of Caftile, Leon, Arragon, the Two Sicilies, Jerusalem, Portugal, Navarre, Granado, Toledo, Valencia, Galicia, Majorca, Sivilla, Sardinia, Cordoua, Corsega, Murica, Jaen, the Algarves, Algesira, Gibraltar, the islands of the Canaries, the East and West Indies, islands, and firm land of the ocean sea, Arch-duke of Austria, Duke of Burgundy, Brabant, and Milan, Earl of Harpurg, Flanders, Tiroll, and Barcelona, Lord of Biscay and Molina, &c.

Whereas on the behalf of you Richard Anthony, consul of the English nation, for yourself, and in the name of the subjects of the King of Great Britain, it hath been shewed unto me, that by virtue of the peace which is concluded in this and that realm, you do reside and trade in Andaluzia, and specially in the cities of Sivil, St. Lucar, Cadiz, and Malaga, desiring me to be pleased to confirm unto you the privileges, exemptions, and faculties which do belong unto you as well by the articles of the said peace, as by the confirmations thereof, and other favours and graces which my lord and father of gloricus memory did grant unto you, and all such others which have been given you by the crowns of my realms of Castile and Portugal, and to command that they may be in and for all things observed and accomplished unto you without any limication, and for further assurance to grant them anew unto you, with the qualities, amplitudes, and declarations which shall be most convenient for you ; and to set penalties upon such as shall contradict, and not observe them unto you; and to the end it may be known what they are, to grant them copies thereof, or of that which my favour shall be: and I taking the premises into consideration; and because for the occasions which I have for my wars, you have offered to terve


« PreviousContinue »