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the other, and favour and assist one another with mutual love; and that every where, as well in those remote countries as in these which are nearer, the faithful offices of good neighbourhocd 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 commisfions and letters of reprisal and mart, or ctherwise containing licence to take prizes, of what condition or kind foever, being to the prejudice of the one or other of the said Kings, or of their subjects, whether the fame 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 satisfaction for the losses to the parties damnified, requiring the same.
V. And furthermore, 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 far as they do concern the effect aforesaid, they shall annul and make yoid, and declare to be of no force or moment,
VI. The prifoners on both sides, one and all, of what degree or condition foever, detained by reason of any hoftilities 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 foever, 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 fovereignty, dominion, poffesion, and propriety, all those lands, regions, islands, colonies, and places whatfoever, 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 whatfoever possessed by the other party in the West Indies; to wit, The subjects of the King of Great Britain shall not fail 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 fail unto, or trade in those places which are pofleffed 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
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 case 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 of safe-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 either (as is above-mentioned) through danger of the 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, exposing 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 fame 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 beger hatred or diffentions between the foresaid nations, but every one shall answer for his own proper fact, and be profecuted thereupon; neither hall 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 loss 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 iç 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 mean. ing of these articles.
D4 XVI. Lastly,
XVI. Lastly, The folemn 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, isands, 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 is day of July, in the year of our Lord
1670.. The Count of Penaranda, William Godolphin, (L. S.)
[The following is printed from the Treaty, which was published by authority in 1714.] Treaty of Peace and Friendbip between the Most Serene
and Most Potent Princess Anne, by the Grace of God, Queen of Great Britain, France, and Ireland, Den fender 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 iş day of this present month, by our ambassadors extraordinary and plenipotentiaries