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A32181 Articles of peace, commerce, & alliance, between the crowns of Great Britain and Spain concluded in a treaty at Madrid the 13/23 day of May, in the year of our Lord God, 1667 / translated out of Latin.; Treaties, etc. Spain, 1667 May 23 England and Wales.; Philip IV, King of Spain, 1605-1665.; Spain. Treaties, etc. England and Wales, 1667 May 23. 1667 (1667) Wing C2911; ESTC R8549 20,515 48

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convict 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 VII 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 Merchandise Cloaths 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 Esperanca without being inforced to declare to whom or for what price they sell their said Merchandise 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 Merchandise 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 Catholique King And all the Goods Estates Merchandise 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 Merchandise of Great Britain comprehended so by the intention of this Article VIII 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-Indy Company in London that they are of or have come from the English Conquests Plantations or Factories with like priviledge and according to what is allowed to the Subjects of the United Provinces by the Royal Cedulas of Contravando bearing date the 27. of June and the 3. of July 1663. and published on the 30. of June and 4. 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-Countreys 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 IX That the Subjects of the King of Great Britain trading buying and selling in any of the Kingdoms Governments Islands Ports or Territories of the said King of Spain shall have use and enjoy all the Priviledges and Immunities which the said King hath granted and confirmed to the English Merchants that reside in Andaluzia by his Royal Cedulas or Orders dated the 19. day of March the 26. day of June and the 9. day of November 1645. His Catholique Majesty by these presents reconfirming 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 Catholique Majesties Dominions X. 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 Counterband or by any other Officer or Person by his own or by any other Authority nor shall any Souldiers 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 Merchandise which they declare they resolve to disembarque 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 Merchandise 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 that 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 then what are contained in the said Entry eight working dayes 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 entred 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 reladen they may have freedom to go out again XI 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
Places be besieged blocked up or surrounded XXVI It is also agreed That whatsoever shall be found laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same power and authority in the execution of his charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other business should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publique scandal or offence and the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publique scandal or offence XXIX That the People and Subjects respectively of one Kingdom in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers and the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Ware-houses and Magazins for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left to their choice and consented to by the Ordinary Judges as often as there shall be occasion and they shall not be constrained to shew their Books and Papers of Accompt to any person if it be not to give evidence for the avoiding Law-suits and Controversies neither shall they be embarqued detained or taken out of their hands upon any pretence whatsoever And it shall be permitted to the People and Subjects of either King in the respective Places where they shall reside to keep their Books of Accompt Traffick 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 sequestred or seised on by any Court of Justice or Tribunal whatsoever within the Kingdoms and Dominions of either Party and any Estate or Debt happen to lie in the hands of the Delinquents belonging Bonâ side to the People and Subjects of the other the said Estate or Debts shall 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 moneths 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 preserved for the lawful Heirs and Successors of the deceased the right of any third Person alwayes reserved XXXIV That the Goods and Estates of the Subjects 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 publique 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 publique 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 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 them in time that is to say the space of six months to transport their Merchandise and effects without giving them in that time any Molestation or trouble or retaining or embarquing their Goods or Persons XXXVII All Goods and Rights concealed or embarqued Moveables Immoveables Rents Deeds Debts Credits and the like which have not with a formal notice of the cause and by a legal condemnation according 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