and payments, either to the Kings or any the aforesaid officers are allowed, shall be put down in writing, declaring as well the species of what is imported, as what is carried out. And if any officer, or any other in his name, upon any pretence whatsoever, in public or secret, directly or indirectly, shall ask or receive of any merchant or other person respectively, any sum of money or other thing, by the name of right, due, stipend, allowance, or recompence,) though it be by the way of voluntary donative) more or otherwise than aforesaid, the said officer or his deputy being in such manner guilty, and convicted before a competent judge in the country where the crime is committed, shall be put in prison for three months, and shall pay thrice the value of the thing so received; of which the half shall be for the King of the country where the crime is committed, and the other half for the denunciator, for the which he may sue his right before any competent judge of the country where it shall happen. 7. That it shall be lawful for the subjects of the King of Great Britain, to bring out, and carry into Spain, and all or any lands and Dominions of the King of Spain (where heretofore they have used trade and commerce) and trade there with all kind of merchandize, cloths, manufactures, and things of the Kingdom of Great Britain, and the manufactures, goods, fruits, and kinds of the islands, towns, and plantations to Him appertaining, and what shall have been bought by English factors on this side or farther on the other side of the Cape of Buena Esperança,without being enforced to declare to whom, or for what price they sell their said merchandize and provisions, or being molested for the errors of the masters of the ships, or others, in the entry of the goods; and at their pleasure to return again out of the Dominions of the King of Spain, with all or any goods, estates, and merchandize, to any of the Territories, Islands, Dominions, and countries of the King of England, or to any other place, paying the rights and tributes mentioned in the antecedent chapters; and the rest of all their lading which is not brought to land, they may detain, keep, and carry away in their said ship or ships, vessel or vessels again, without paying any right or imposition whatsoever for it, as if therewith they had never been within any bay or port of the Catholic King. Aud all the goods, estates, merchandize, ships, or other vessels, with any things introduced into the Dominions or places of the Crown of Great Britain as prizes, and judged for such in the said Dominions and places, shall be taken for goods and merchandize of Great Britain, comprehended so by the intention of this Article. 8. That the subjects and vassals of the most Serene King of Great Britain may bring and carry to all and singular the Dominions of the King of Spain, any fruits and commodities of the East Indies, it appearing by testimony of the Deputies of the East India Company in London, that they are of, or have come from the English conquests, plantations, or factories, with like privilege, and according to what is allowed to the subjects of the United Provinces, by the Royal Cedulas of Contravando, bearing date the 27th of June and the 3d of July 1663, and published on the 30th of June, and 4th of July the same year. And for what may concern both the Indies, and any other parts whatsoever, the Crown of Spain doth grant to the King of Great Britain and His subjects, all that is granted to the United States of the Low Countries and their subjects, in their Treaty of Munster 1648, point for point, in as full and ample manner as if the same were herein particularly inserted, the same rules being to be observed whereunto the subjects of the said United States are obliged, and mutual offices of friendship to be performed from one side to the other. 9. That the subjects of the King of Great Britain, trading, buying, and selling in any of the Kingdoms, Governments, Islands, ports, or Territories Vol T. Ch. If SPAIN. Vol. I. Ch. II. the said King of Spain, shall have, use, and enjoy all the privileges and immunities which the said King hath granted and confirmed to the English merchants that reside in Andalusia, by His Royal Cedulas or orders, dated the 19th day of March, the 26th day of June, and the 9th day of November 1645. His Catholic Majesty by these presents re-confirming the same as a part of this Treaty between the Two Crowns. And to the end that it be manifest to all, it is consented, that the said schedules (as to the whole substance thereof) be passed and transferred to the body of the present Articles, in the name and favour of all and singular the subjects of the King of Great Britain, residing and trading in any places whatsoever within His Catholic Majesty's Dominions. 10. That the ships or any other vessels that shall belong to the King of Great Britain, or His subjects, navigating into the King of Spain's Dominions, or any of His ports, shall not be visited by the Judges of Contraband, or by any other officer or person, by his own or by any other authority; nor shall any soldiers, armed men, or other officers or persons, be put on board any of the said ships or vessels; nor shall the officers of the custom-house of the one or the other party, search in any vessels or ships belonging to the people of the one or the other, which shall enter into their regions, Dominions, or respective ports, until their said ships or vessels are unladen, or until they have carried on shore all the lading and merchandize which they declare they resolve to disembark in the said port; nor shall the captain, master, or any other of the company of the said ships be imprisoned, or they or their boats detained on shore; but in the interim, officers of the custom house may be put on board the said vessels or ships, so they exceed not the number of three for each ship, to see that no goods or merchandize be landed out of the said ships or vessels, without paying such duties as by these Articles either party is obliged to pay; which said officers are to be without any charge to the ship or ships, vessel or vessels, their commanders, mariners, company, merchants, factors, or proprietors. And when it happens that the master or owner of any ship shall declare the whole lading of his said ship is to be discharged in any port, the entry of the said lading shall be made in the custom-house after the usual manner; and if after the entry made, any other goods be found in the said ship or ships, more than what are contained in the said entry, eight working days shall be allowed them on which they may work (which shall be reckoned from the day they began to unlade) to the end that the concealed goods may be entered, and the confiscation of them prevented and in case that in the time limited, the entry or manifestation of them shall not have been made, then such particular goods only, which shall be found as aforesaid, though the unlading be not finished, shall be confiscated, and not any other; nor shall other trouble be given, or punishment inflicted on the merchant or owner of the ship; and when the ships or vessels are re-laden, they may have freedom to go out again. 11. That the ship or ships appertaining to the one or the other King, or to their respective people and subjects, that shall enter into any ports, lands, or Dominions of the one or the other, and shall discharge any part of their goods and merchandizes in any port or haven, being consigned with the rest to other places within or without the said dominions, shall not be obliged to register or pay the rights of any other goods or merchandize, than of that of which they shall unlade in the said port or haven, nor be constrained to give bond for the goods they shall carry to other places, nor any other security, if it be not in case of felony, debt, treason, or other capital crime. 12. Whereas the one moiety of the custom of all foreign goods and merchandizes imported into England, is allowed and returned back to the im SPAIN. porter, if the said goods be exported out of the said Kingdom within twelve Vol 1. Ch. II. months after the first landing, upon oath made that they are the same goods which paid custom inwards, and that if they be not re-shipped within the said twelve months, yet they may at all times be exported without paying any custom or duty outwards: it is therefore agreed, that if any the subjects of the King of Great Britain shall hereafter land any goods or merchandize, of what growth or nature soever they be, in any of the ports of His Catholic Majesty, and having entered them, and paid the custom which by this Treaty ought to be paid, and shall afterwards desire to transport them, or any part of them, to any other place whatsoever, for a better market, it shall and may be lawful for him or them so to do freely, without paying or being demanded any other custom or duty at all for the same, he or they making oath, if required thereunto, that they are the same goods for which custom was paid at their landing: and in case that the subjects, people, and inhabitants of the Dominions of either part shall unlade, or have in any city, town, or village respectively, any goods, merchandizes, fruits, or estates, and have paid the customs due, according to what hath been declared, and after that, not being able to put them off, shall resolve to remit them to some other city, town, or village of the said Dominions, they may not only do it without difficulty or impediment, and without paying other rights than what were due at their entry, but likewise the custom or rights shall not be paid again in any other part of the said Dominions, bringing certificates from the officers of the custom-house, that they were paid before in the due form. And the chief farmers and Commissioners of the King of Spain's rents in all places, or some other officer or officers to be appointed for that purpose, shall at all times permit and suffer the transportation of all such goods and merchandizes from place to place, and give sufficient certificate to the owners thereof, or their assigns, of their having paid their custom at their first landing, whereby they may be carried to, and landed at any other port or place of the said jurisdiction, free from all duties or impediments whatsoever, as aforesaid, saving always the right of any third person. 13. That it shall be lawful for the ships belonging to the subjects of the one or the other King, to anchor in the roads or bays of either, without being constrained to enter into port; and in case they be necessitated to enter thereinto, either by distress of weather, fear of enemies, pirates, or any other accident, in case the said ships be not bound to an enemy's port, and carrying thither contraband goods (whereof without some clear proof they shall not be questioned), it shall be lawful for the said subjects to return to sea freely when they please with their ships and goods, so as they do not break bulk, or expose any thing to sale; and that when they cast anchor, or enter the ports aforesaid, they be not molested or visited; and it shall suffice, that in this case they show their passports, or sea papers, which being seen by the respective officers of either King, the said ships shall return freely to sea without any molestation. 14. And if any ship or ships belonging to the subjects and merchants of the one or the other, entering into bays, or in the open sea, shall be encountered by the ships of the said Kings, or of privateers their subjects; the said ships, to prevent all disorders, shall not come within cannon shot, but shall send their long boat, or pinnace, to the merchant-ship, and only two or three men on board, to whom the master or owner shall shew his passports and sea-letters, according to the form which shall be inserted at the end of this Treaty, whereby not only the ship's lading, but the place to which she belongs, and as well the master and owner's name, as the name of the ship, may appear; by which means the quality of the ship, and her master or owner will be sufficiently known, as also the commodities she carries, whether they be contraband or not; to the which passports and Vol. I. Ch. II. SPAIN. sea-letters, entire faith and credit shall be given, so much the rather, for that as well on the part of the King of England, as of the King of Spain, some countersigns shall be given (if it shall be found necessary) whereby their authenticity may the better appear, and that they may not be in any wise falsified. 15. If any prohibited merchandize or goods shall be exported from the Kingdoms, Dominions and Territories, of either of the said Kings, by the respective people or subjects of the one or the other, in such case the prohibited goods only shall be confiscated, and not the other goods; neither shall the delinquent incur any other punishment, except the said delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain, the proper coin, wool, or fullers'-earth of the said Kingdoms; or shall carry out of the respective Kingdoms or Dominions of the said King of Spain, any gold or silver, wrought or unwrought; in either of which cases the laws of the respective countries are to take place. 16. That it shall be lawful for the people and subjects of both Kings, to have access to the respective ports of the one and the other, and there remain, and depart again with the same freedom, not only with their ships, and other vessels for trade and commerce, but also with their other ships fitted for war, armed, and disposed to resist and engage the enemy, and arriving by stress of weather to repair their ships, or furnish themselves with provisions; so that entering, willingly, they be not so numerous, that they give just occasion for suspicion, to which end they are not to exceed the number of eight, nor continue in their havens, nor about their ports, longer time than they shall have just cause, for the repair of their ships, to take in provisions, or other necessary things, much less be the occasion of interrupting the free commerce, and coming-in of other ships, of nations in amity with either King; and when an unusual number of men of war by accident shall come unto any port, it shall not be lawful for them to come into the said ports or havens, not having first obtained permission of the King unto whom the said ports do belong, or the Governors of the said ports, if they be not forced thereinto by stress of weather, or other necessity, to avoid the danger of the sea; and in such case they shall presently acquaint the Governor or Chief Magistrate of the place with the cause of their coming; nor shall they remain there any longer time than the said Governor or Magistrate shall think convenient, or do any act of hostility in such ports, that may prove of prejudice to the one or the other of the said Kings. 17. That neither the said King of Great Britain, nor the King of Spain, by any mandate general, nor particular, nor for any cause whatsoever, shall embark or detain, hinder or take for His respective service, any merchant, master of a ship, pilot or mariner, their ships, merchandize, cloaths or other goods belonging unto the one or the other, in their ports or waters, if it be not that either of the said Kings, or the persons to whom the ships belong, be first advertised thereof, and do agree thereunto; provided, that this shall not be construed to hinder or interrupt the ordinary course of justice and law in either country. 18. That the merchants and subjects of the one and the other King, their factors and servants, as also their ships, masters or mariners, may, as well going as coming, upon sea and other waters, as in the havens and ports of the one and the other respectively, carry and use all kind of arms, defensive and offensive, without being obliged to register them, as also upon land to carry and use them for their defence, according to the custom of the place. 19. That the captains, officers and mariners of the ships belonging to the people and subjects of either Party, may not commence an action, nor hinder or bring trouble upon their own ships, their captains, officers, or mariners, in the respective Kingdoms, Dominions, lands, countries or places of the other, for their wages or salaries, or under any other pretence. Nor may they put themselves, or be received, by what pretext or colour soever, into the service or protection of the King of England, or King of Spain, or their arms; but if any controversy happen between merchants and masters of ships, or between masters and mariners, the composing thereof shall be left to the Consul of the nation, but after such manner as he who shall not submit to the arbitrament, may appeal to the ordinary justice of the place where he is subject. 20. And to the end that all impediments be taken away, and that the merchants and adventurers of the Kingdoms of Great Britain be permitted to return to Brabant, Flanders, and other the provinces of the Low Countries, under the jurisdiction of the King of Spain; forasmuch as it hath been thought convenient, that all, and any the laws, edicts, and acts, by which the importation of cloth, or any cloth, or any other woollen manufacture, of what kind soever, dyed or undyed, milled or unmilled, into Flanders, or the other provinces, hath been prohibited, be revoked and disannulled; and that if any right, tribute, imposition, charge or money hath been, with permission, or otherwise, put upon cloths, or any of the aforesaid woollen manufactures so imported (except the ancient tribute upon every piece of cloth, and proportionably upon every other woollen manufacture, agreeable to the ancient Treaties and agreements between the then Kings of England, and the Dukes of Burgundy, and governors of the Low Countries) the same should be altogether void, and no such tribute or imposition from henceforth imposed, or put upon the said cloths or manufactures, for any cause or pretext whatsoever; and that all the English merchants, trading in any of the said provinces, their factors, servants, or commissioners, should enjoy from henceforward, all the privileges, exemptions, immunities and benefits, which formerly have been agreed and given by the aforesaid ancient Treaties and agreements, between the then Kings of England and the Dukes of Burgundy, and governors of the Low Countries: it is therefore agreed, that deputies shall be named by the King of Great Britain, who meeting with the Marquis of Castel-Rodrigo, or the governor of those provinces for the time being, or any other Ministers of the King of Spain, sufficiently authorised in this behalf, shall friendly treat and conclude hereupon; and also such further privileges, immunities, and necessary exemption, suitable to the present state of affairs, shall be granted for the encouragement of the said merchants and adventurers, and for the security of their trade and commerce, as shall be agreed upon in a special Treaty, that shall be made between both the Kings, touching this particular. 21. The subjects and inhabitants of the Kingdoms and Dominions of the most Serene Kings of Great Britain and Spain respectively, shall with all security and liberty sail to and traffic in all the Kingdoms, estates, or countries, which are or shall be in peace, amity, or neutrality with the one or the other. 22. And they shall not be disturbed or disquieted in that liberty by the ships or subjects of the said Kings respectively, by reason of the hostilities which are or may be hereafter between either of the said Kings, and the aforesaid Kingdoms, countries, and states, or any of them, which shall be in friendship or neutrality with the other. 23. And in case that within the said ships respectively, be found by the abovesaid means, any merchandize hereunder mentioned, being of contraband and prohibited, they shall be taken out and confiscated, before the Ad Vol. I. Ch. II. |