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B08717 Articles of peace, commerce and 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 Latine. Published by His Majesties command.; Treaties, etc. Spain, 1667 May 23 England and Wales.; Philip IV, King of Spain, 1605-1665. 1667 (1667) Wing C2912; ESTC R223294 20,487 34

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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 publick 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-mettal-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 Magazines 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 imploy 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 Bona fide 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 publick 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 publick 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 their Heirs shall be molested for this cause by the
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 oblieged 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 any part of their Goods and Merchandises in any
or Havens not having first obtained permission of the King unto whom the said Ports do belong or the Governours 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 Governour or chief Magistrate of the place with the cause of their coming nor shall they remain there any longer time then 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 XVII 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 embarque or detain hinder or take for his respective service any Merchant Master of a Ship Pilot or Mariner their Ships Merchandise 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 XVIII That the Merchants and Subjects of the one and the other King their Factors and Servants as also their Ships Masters and 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 XIX 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 Saleries 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 controversie 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 Arbitrement may appeal to the ordinary Justice of the place where he is subject XX. 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 other Woollen Manufacture of what kind soever dyed or undyed mill'd or unmill'd into Flanders or the other Provinces hath been prohibited be revoked and disannull'd and that if any Right Tribute Imposition Charge or Money hath been with permission or otherwise put upon Cloaths 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 Governours of the Low-Countries the same should be altogether void and no such Tribute or Imposition from henceforth imposed or put upon the said Clothes or Manufactures for no 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 Priviledges 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 Governours of the Low-Countries It is therefore agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour 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 Priviledges Immunities and necessary Exemptions 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 XXI 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 Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII 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 XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned being of Countraband and prohibited they shall be taken out and confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either seised or confiscated XXIV Moreover for better prevention of the differences which might arise touching the meaning of forbidden Merchandise and of Countraband It is declared and agreed That under this name shall be comprehended all Fire-Arms as Ordnance Muskets Mortar-pieces Petards Bumbs Granadoes Fire-crancels Fire-balls Musket-rests Bandeliers Gunpowder Match Salt-peter and Bullets likewise under the name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this name is likewise forbidden the transportation of Souldiers Horses their Harnasses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise to prevent all manner of dispute and contention It is agreed That under that name of forbidden Merchandise and of Countraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyle and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be besieged blocked up or surrounded XXVI It is