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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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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
knowledge and Royal and absolute Power which I in this behalf will make use of and do use as an absolute King and Lord not acknowledging any Superior in matters Temporal do confirm and approve the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmation thereof and also the other favours and graces which my Lord and Father did grant unto you and others whatsoever which have been given by my Crowns of Castile and Portugal unto the said Subjects in and for all things as therein and every thing and part thereof is specified contained and declared to the end they may be firm stable and of value and be observed kept and accomplished unto you For my deliberate intent and Will is that all those of the said Nation shall enjoy thereof without any limitation in such manner that during the time the said Englishmen shall reside in Andaluzia neither you nor they may be charged with any Office or publick Charge nor Council Tutorship Curatorship Receivers or Treasurers although they be of Customers and Millions or other Services which concern my Royal Treasury and much less they may demand of you any Loans or donations or take from you any Rights or your Rents Horses or Slaves And to do you the more favour or grace according to that which is agreed by the said Peace I do will and promise that you shall and may deal and trade freely and sell your Merchandise and Fruits and buy those of my Realms and carry them forth observing that which is ordained and commanded by the Laws and Statutes which make mention thereof and paying to my Royal Treasury the Duties or Customs which ought to be paid prohibiting as I do prohibit and command not to take from you by force any Merchandises Wheat or Barley although it be for the making ready or furnishing my Armies Fleets or Gallions nor for Purveyors or Stewards and the Priviledges are to be concerning the Wheat and Barley according to the Tun and concerning the other things and Merchandises as you shall conclude and agree but they may not take them out of your possession until they have paid for them unless for the same there be leave given that they do not molest and trouble you And forasmuch as many of you do treat to bring into the Ports of Andalusia the City of Sivil and other places great quantity of Newfoundland fish and other sorts of dry and salted Fish because they are Victuals which are very necessary and that you have been and are put to great Charges and are much troubled I do will and command to be kept the Ordinance of the City of Sivil whereby it is ordained that those which come in with dry or salted Fish there shall not be any Price or Rate set upon them but they shall be permitted to sell at such a Price as they shall think good and it shall not be necessary to manifest them any more then unto my Officers which receive my Royal Rents and if the Ships wherein the said Fish is brought be great Ships that they cannot go up the River and that the same be put into Barques or Lighters the Judge of the Admiralty nor any other person may not put any Waiters or Keepers into the Barques or Lighters at the charge of the Owners of them And I do also command That if the said Fish shall appear to be rotten and that it cannot be spent that it be burnt or thrown into the Sea and that for this cause there shall not be any Cause or Action commenced against the Owners thererof or persons which shall sell it nor they shall not be imprisoned nor informed against And forasmuch as the Administers of the Customs and others of divers duties which are received for the Fruits and Merchandises do use when any body doth inform to have the person imprisoned which sheweth himself to be party whereby happeneth to men of Trade great discredit charges and vexations My Will is and I do command that in the said Information there shall be only proceeded against the Merchandises and not against the persons but they shall be permitted as I do permit them to make and they shall make their defences in the said Vexation And forasmuch also as according to an Article of the said Peace which maketh mention of Matters in Religion notwithstanding that in some Suits they should declare whether they be Roman Catholicks or not excusing themselves to give faith to others which they take as parties or as witnesses I do also command That concerning this matter there be not done nor there shall not be done any thing with those which are born in the said Realm but only that the said Condition be kept and accomplished and that no such questions be put unto them giving unto the Oaths which they shall take in Judgement Court and without the same faith and credit which should be given in case they were Spaniards and herein you shall not receive any trouble or molestation nor there shall not be any grievance done unto you And whereas for the Justification of some causes the Judges and Justices do pretend that the Merchants of the said Nation should exhibite Books of their contractions or dealings I do will and command that the Books of the Merchants of the said Nation shall not be taken out of their hands for any cause whatsoever but they shall keep and shew them in their houses to take out the parcel which shall be appointed and others shall not be demanded of them nor there shall not be any other Papers taken from them upon penalty that he which shall do here against shall be punished according to Law And forasmuch as the Merchants do dispatch the Merchandise from the Custom-house of the said City of Sivil of all Duties and because there are many which do make up a sheet which is Subscribed and Signed by all the Officers and remaineth in the hand of the Alcayde of the Custom-house for that by vertue thereof the Merchandises are permitted to go forth which are in Fardels Packs Trunks and Cases and afterwards when they have taken them forth and put them into their Houses and Warehouses the chief Keeper of the Custom-house and the Officers of the half per Cent. do visit the House and Goods troubling and molesting them demanding of them the dispatches it seeming unto them that they may detain them because they left the dispatch in the hands of the said Alcayde of the Custom-house I do prohibit and command that the houses of the said Merchants shall not be visited nor the dispatches shall not nor may not be demanded of them in regard they have them not in their hands and this is to be understood and is understood of houses which are within the Walls of the said City and to the end it may be known to you which are of the English Nation there is to be delivered unto you