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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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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 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 Governour 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 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 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 raill'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 Contraband 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 seized or confiscated XXIV Moreover for better prevention of the differences which might arise touching the meaning of forbidden Merchandise and of Contraband 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 Contraband 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
may be known to you which are of the English Nation there is to be delivered unto you Copies of the said Priviledges and Exemptions which do concern you and which were granted unto you as well by the Articles of Peace as by any other manner And for execution and accomplishment of all the Premisses I do command those of my Council and those of my Councils Assemblies and Tribunals of my Court and the Presidents and Judges of my Audiences Alcaydes and Officers of my House and Court and Chanceries and the Regent and Judge of the Court of Degrees of the City of Sivil and chief Alcaldes of the Precincts thereof and all the Corrigidors Assistants and Governours chief Justices and Ordinaries as well in the said Cities of Sivil Cadiz Malaga and St. Lucar de Barameda as of all other Cities Towns and Places of these my Realms and Dominions and all other Judges and Justices whatsoever of what quality or condition soever they may be whom principally or incidentally may concern in any manner the accomplishment or performance of that which is contained in this Patent that presently so soon as they shall be by vertue thereof required or the Copy thereof Signed by a Notary publick that there be thereunto given as much faith as unto the Original and that every one in the place where it shall concern him do observe and accomplish and cause the same to be observed accomplished and executed in and for all things as therein is contained and they shall not in all nor in part put upon you any impediments nor any other difficulties or doubts nor do any thing against the tenor and form thereof nor consent or give way that it be interpreted limited or suspended in all or in part or that to the contrary be given any Sedidas provisions or other dispatches but for observation thereof in the place which shall concern every one they shall give order and ordain to deliver unto you those which shall be necessary And for more firmness and validity of the favour and grace which by this my Patent I do grant you and that at all times this favour may be certain and sure unto you you are to keep or have a Judge Conservator in Andalusia especially in the said Cities of Sivil Malaga Cadiz and St. Lucar de Barameda unto whom I am to give sufficient Commission for keeping and accomplishing the said Priviledges Liberties and Exemptions who shall constrain and compell all and whatsoever persons of what sort or quality they may be that shall concern the said Nation as well those which shall be Defendants accused as those which shall be Plaintiffs although the persons which shall accuse them and which shall be accused by them have private Judges as well by consent as agreement which they may have made by preheminence or priviledge which they hold to the end the said Judge Conservator may onely take knowledge privately of the said Courts and not any other Judge or Tribunall although it be by way of excess or notorious Justice or in any other matter or form which Judge Conservator is now Doctor Don Francisco de Vergara Judge of my Court de les Grados of the City of Sevill the time that he shall assist therein and in his absence the Licentiate Don Francisco de Modrano Judge of the same Court who for the suits which shall be commenced in the said Cities of Cadiz Malaga St. Lucar is to Subdelegate his Conservatorship in the person which by the said Nation shall be propounded or named that he may effect the same to the conclusion and they shall be referred unto him to be determined and of that which he shall determine the Appeale is to be made to my Council and not to any other Court And forasmuch as my will is that every one in his time shall have primative Commission and Jurisdiction to protect and defend you concerning all the contents of this my Patent that all the same may be kept and accomplished in the form which I do offer the same unto you I have found good to charge as by these presents I do charge them with the protection and defence hereof I do command them to see or peruse this my Patent and the qualities conditions preheminencies and amplifications therein contained and to cause all the same to be kept accomplished and executed in such form and manner and according as therein is contained and declared without consenting or giving way that in all or in part there be made unto you any doubt or difficulty and before the said Don Francisco de Vergara or in his absence before the said Francis de Medrano and not before any other Judge privately in the first instance are to pass and be followed all the causes and suits which concerning the premises or any thing or part thereof shall be moved and caused and the execution and punishment of those which shall not be obedient For my will is that the knowledge and determination of all the contents in this my Patent is in all things privately to concern and shall concern them proceeding in all things against those which shall be culpable and executing for the same the penalties which are mentioned by law reserving as I do reserve the appellations which shall be put in upon their acts and sentences to my Council and not any other Court without that any of other my Councils Tribunals Courts Chanceries or any other Judges or Justices of my Realms or Dominions of whatsoever quality they be may meddle or shall meddle therewith or in the use or exercise of the Jurisdiction privative in the said first instance which by this my Patent I do grant unto them by way of excess appellation or any other recourse or manner the which and every of them I do inhibit and hold for inhibited the knowledge thereof and do declare them for incompetent Judges thereof for which and every thing and part thereof I do give them the most sufficient power and most ample Commission which according to Law is required and necessary with the incidences and dependencies annexities and after them the said English Nation of the said City of Sivil may name in the said Commission one of the Judges of the said Audience which the said Nation shall chuse And I do command the President and those of my Council of the Chamber that presenting before them their nomination the case happening to make void the said Commission by promotion or vacation of the said Don Francisco de Vergara and Don Francis de Medrano or to dispatch it in any other manner by Ordinary to him that shall be therein nominated in the form according and as by this my Patent is declared And that it may be the better accomplished I do from this time give them power and authority that they may Subdelegate and they shall Subdelegate this Commission for the business and Suits which shall be offered in the said Cities of Cadiz Malaga and St. Lucar de Berameda in the person which by you shall be propounded unto them that they may substantiate them for a conclusion and remit the Suits and Causes unto them to be determined in such manner as they shall find good and convenient for the security of that which is contained in this my Patent And I do charge the most excellent Prince Don Balthaxar Charles my most dear and most beloved Son and do command the Infants Prelates Dukes Marquesses Earls Richmen Commanders and under-Commanders Governours of Castles strong Houses and Plains and those of my Council Presidents and Judges of my Courts Alcaydes and Officers of my House Court and Chanceries and all the Corigidors Assistants Governors Alcaldes Mayors and Ordinaries and whatsoever Judges and Justices of these my Realms and Dominions to observe and accomplish and cause to be observed and accomplished this my Patent and the favour or Grace which thereby I do grant you and against the tenor and form thereof not to do or pass now nor at any time in any manner perpetually for evermore Nor to consent or give way to be limited or suspended unto you all or part thereof notwithstanding whatsoever Laws or Statutes of these my Realms and Dominions Ordinances Stile Use or Custom of the said Cities of Sivill Cadiz Malaga or St. Lucar or any other thing which is or may be to the contrary the which for this time forsomuch as concerneth this matter holding the same here for inserted and incorporated as it were word for word written I do dispence abrogate derogate cancel annihilate and make void and of none effect remaining in full force and effect for all other things henceforward And for this my Patent Jeronimo de Canencia Auditor of Accompts in my Chief Office of Accompts and my Secretary of the Mediaenate shall take a Copy at whose Charge is the accompt and reason of this right And I do declare that for this favour you have paid the duty of the Mediaenate which amounteth to thirty and five thousand one hundred fifty and five Maravediz in Silver which summe you are to pay from fifteen to fifteen years perpetually and in case they do accomplish or end you may not make use of this favour untill such time as it shall first appear that you have satisfied this Duty And you are also to pay the Judge Conservator which shall be named his Salary or to help to bear his charges which he shall enjoy for his labour or pains in the said business before you shall enjoy thereof which is to appear by Certificate of the Office of this Duty Given in Saragosa the nineteenth day of March Anno 1645. I The King I Anthony Carnero Secretary of the King our Lord did cause it to be written by his Commandment Registred Michael de Lariaga Lieutenant of the Lord High Chancellor Michael de Lariaga The Copy was taken Jeronimo de Canencia Don John Chumazero y Carillo Doctor Don Anthony de Campo Redondo y Rio Licenciate JOSEPH GONSALES THis Copy doth agree with that out of which it was taken which for this effect was exhibited unto me by William Bland dwelling in the City of Sivill who took it away again with him the 11. of April Anno 1645. Joseph de Pineda Notary Publick of the City of Sivill for the King FINIS