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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
Exchequers respectively but the Proprietors their Heirs or those who shall have their Right shall have for the said Goods and Rights their Action at Law as for their own proper Goods and Estate XXXVIII It is agreed and concluded That the People and Subjects of the King of Great Britain and of the King of Spain shall have and enjoy in the respective Lands Seas Ports Havens Roads and Territories of the one or the other and in all places whatsoever the same Priviledges Securities Liberties and immunities whether they concern their Persons or Trade with all the beneficial clauses and circumstances which have been granted or shall be hereafter granted by either of the said Kings to the Most Christian King the States General of the United Provinces the Hans-Towns or any other Kingdom or State whatsoever in as full ample and beneficial manner as if the same were particularly mentioned and inserted in this Treaty XXXIX In case any difference or dispute shall happen on either side concerning these Articles of Trade and Commerce by either the Officers of the Admiralty or other person whatsoever in the one or the other Kingdom The complaint being presented by the party concerned to their Majesties or to any of their Council their said Majesties shall cause the damages forthwith to be repaired and all things as they are above agreed to be duly executed and in case that in progress of time any frauds or inconveniences be discovered in the Navigation and Commerce between both Kingdoms against which sufficient prevention hath nor been made in these Articles other provisions may be hereafter mutually agreed on as shall be judged convenient the present Treaty remaining still in full force and vigour XL. It is likewise accorded and concluded That the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep and procure to be observed and kept by their Subjects and Inhabitants respectively all and singular the Capitulations in this present Treaty agreed and concluded Neither shall they directly or indirectly infringe the same or consent that the same shall be infringed by any of their Subjects or Inhabitants And they shall ratifie and confirm all and singular the Conventions before accorded by Letters Patents reciprocally in sufficient full and effectual form and the same so formed and made shall intercheangeably deliver or cause to be delivered faithfully and really within four months after the date of these presents and they shall then assoon as conveniently may be cause this present Treaty of Peace and Amity to be published in all Places and in the manner accustomed Dated at Madrid the 23. 23. day of May in the Year of our Lord 1667. The Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting sail from thence TO all unto whom these Presents shall come We the Governours Consuls or chief Magistrate or Commissioners of the Customs of the City Town or Province of N. do testifie and make known That N. N. Master of the Ship N. hath before Us under solemn Oath declared that the Ship N. of _____ Tun more or less of which he is at present Master doth belong to the Inhabitants of N. in the Dominions of the most Serene King of Great Britain And We desiring that the said Master may he assisted in his Voyage and Business do intreat all persons in general and particular who shall meet him and those of all Places where the said Master shall come with the said Ship and her Merchandise that they would admit him favourably treat him kindly and receive the said Ship into their Ports Bayes Havens Rivers and Dominions permitting her quietly to sail pass frequent and negotiate there or in any other places as shall seem good to the said Master paying still the Toll and Customes which of right shall be due Which we will acknowledge gratefully upon the like occasions In witness whereof we have signed these Presents and sealed them with the Seal of our Town WILL. GODOLPHIN Don PEDRO FERNANDEZ del Campo y Angulo THE COPY OF A PATENT Containing Several Gracious Priviledges lately Granted by the High and Mighty PHILIP THE FOURTH KING of SPAIN c. VVhich are confirmed by the foregoing Treaty and whereof mention is made in the ninth Article of the said Treaty Published by His Majesties Command EDINBURGH Re-printed by Evan Tyler Printer to the Kings most Excellent Majesty M.DC.LXVII The Copy of a Patent containing several Gracious Priviledges lately granted by the High and Mighty Philip the Fourth King of Spain c. DON PHILIP By the Grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugal Navarre Granado Toledo Valencia Galicia Majorca Sivilla Sardinia Cordona Corsega Muriea Jaen the Algarves Algesira Gibraltar the Islands of the Canaries the East and West-Indies Islands and firm Land of the Ocean Sea Archduke of Austria Duke of Burgundy Brabant and Milan Earl of Haspurg Flanders Tirol and Barcelona Lord of Biscay and Molina c. WHereas on the behalf of you Richard Anthony Consul of the English Nation for your self and in the Name of the Subjects of the King of Great Britain it hath been shewed unto me That by vertue of the Peace which is concluded in this and that Realm you do reside and trade in Andaluzia and specially in the Cities of Sivill St. Lucar Cadiz and Malaga desiring me to be pleased to confirm unto you the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmations thereof and other Favours and Graces which my Lord and Father of glorious memory did grant unto you and all such others which have been given you by the Crowns of my Realms of Castile and Portugal and to command that they may be in and for all things observed and accomplished unto you without any limitation and for further assurance to grant them anew unto you with the qualities amplitudes and declarations which shall be most convenient for you and to set Penalties upon such as shall contradict and not observe them unto you and to the end it may be known what they are to grant them Copies thereof or of that which my favour shall be And I taking the Premises into consideration and because for the occasions which I have for my Wars you have offered to serve me with 2500 Duckets of Silver to be paid one Thousand ready money and the remaining one Thousand five Hundred in the Moneth of April of this Year whereof the Licentiate Francis Moreno which in reversion of Don Anthony de Campo Redondo y Rio Knight of the Order of Santiago one of my Council and Chamber and of the Treasury in your name and by vertue of your power did acknowledge a Writing of Obligation in form before John Cortez de la Cruz my Notary I do hold it for good And by these Presents of my own motion and certain
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