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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 Published by His Majesties Command In the SAVOY Printed by the Assigns of John Bill and Christopher Barker Printers to the Kings most Excellent Majesty 1667. Articles of Peace Commerce and Alliance between the Crowns of Great Britain and Spain I. FIrst It is Agreed and Concluded That from this day forward there shall be between the two Crowns of Great Britain and Spain a General Good Sincere True Firm and Perfect Amity Confederation and Peace which shall endure for ever and be observed inviolably as well by Land as by Sea and Fresh-waters and also between the Lands Countries Kingdoms Dominions and Territories belonging unto or under the obedience of either of them And that their Subjects People and Inhabitants respectively of what condition degree or quality soever from henceforth reciprocally shall help assist and shew to one another all manner of Love good Offices and Friendship II. That neither of the said Kings nor their respective People Subjects or Inhabitants within their Dominions upon any pretence may in publick or secret do or procure to be done any thing against the other in any Place by Sea or by Land nor in the Ports or Rivers of the one or the other but shall treat one another with all Love and Friendship and may by Water and by Land freely and securely pass into the Confines Countries Lands Kingdoms Islands Dominions Cities Towns Villages wall'd or without wall fortified or unfortified their Havens and Ports where hitherto Trade and Commerce hath been accustomed and there trade buy and sell as well of and to the Inhabitants of the respective Places as those of their own Nation or any other Nation that shall be or come there III. That the said Kings of Great Britain and Spain shall take care that their respective People and Subjects from henceforward do abstain from all Force Violence or Wrong and if any injury shall be done by either of the said Kings or by the People or Subjects of either of them to the People or Subjects of the other against the Articles of this Alliance or against common Right there shall not therefore be given Letters of Reprisal Matque or Counter-marque by any of the Confederates until such time as justice is sought and followed in the ordinary course of Law But if justice be denied or delayed then the King whose People or Inhabitants have received harm shall ask it of the other by whom as is said the justice shall have been denied or delayed or of the Commissioners that shall be by the one King or the other appointed to receive and hear such Demands to the end that all such differences may be compounded in friendship or according to Law But if there should yet be a delay or justice should not be done nor satisfaction given within six months after having the same so demanded then may be given Letters of Reprisal Marque or Counter-marque IV. That between the King of Great Britain and the King of Spain and their respective People Subjects and Inhabitants as well upon Sea as upon Land and Fresh-water in all and every their Kingdoms Lands Countries Dominions Confines Territories Provinces Islands Plantations Cities Villages Towns Ports Rivers Creeks Bayes Streights and Currents where hitherto Trade and Commerce hath been accustomed there shall be free Trade and Commerce in such way and manner that without safe Conduct and without general or particular Licence the People and Subjects of each other may freely as well by Land as by Sea and Fresh-water Navigate and go into their said Countries Kingdoms Dominions and all the Cities Ports Currents Bayes Districts and other places thereof and may enter into any P●rt with their Ships laden or empty Carriage or Carriages wherein to bring their Merchandise and there buy and sell what and how much they please and also at just and reasonable rates provide themselves with provisions and other necessary things for their subsistence and voyage and also may repair their Ships and carriages and from thence again freely depart with their Ships Carriages Goods Merchandise and Estate and return to their own Countries or to such other Place as they shall think fit without any Molestation or Impediment so that they pay the Duties and Customs which shall be due and saving to either side the Laws and Ordinances of their Country V. Item It is likewise agreed That for the Merchandises which the Subjects of the King of Great Britain shall buy in Spain or other the Kingdoms or Dominions of the King of Spain and shall carry in their own Ships or in Ships hired or lent unto them no new Customs Toll Tenths Subsidies or other Rights or Duties whatsoever shall be taken or encreased other then those which in the like case the Natives themselves and all other strangers are obliged to pay and the Subjects aforesaid buying selling and contracting for their Merchandises as well in respect of the Prices as of all Duties to be paid shall enjoy the same priviledges which are allowed to the natural Subjects of Spain and may buy and lade their Ships with such Goods and Merchan● 〈◊〉 which said Ships being laden and Customs paid for the Goods shall not be detained in Port upon any pretence whatsoever nor shall the Laders Merchants or Factors who bought and loaded the Goods aforesaid be questioned after the departure of the said Ships for any matter or thing whatsoever concerning the same VI. And to the end that the Officers and Ministers of all Cities Towns and Villages belonging to either may neither demand nor take from the respective Merchants and People greater Taxes Duties Stipends Recompences Gifts or any other charges then what ought to be taken by vertue of this Treaty and that the said Merchants and People may know and understand with certainty what is ordained in all things touching this It is agreed and concluded That Tables and Lists shall be put up at the Doors of the Custom-houses and Registries of all the Cities Villages and Towns of or appertaining to one or the other King where such Rights and Excises or Customs are usually paid in which how much and of what quality such Rights Customs Subsidies and Payments either to the Kings or any the aforesaid Officers are allowed shall be put down in writing declaring aswell the species of what is imported as what is carried out And if any Officer or any other in his name upon any pretence whatsoever in publick or secret directly or indirectly shall ask or receive of any Merchant or other person respectively any sum of money or other thing by the name of Right Due Stipend Allowance or Recompence though it be by the way of voluntary Donative more or otherwise then aforesaid the said Officer or his Deputy being in such manner guilty and

my Notary I do hold it for good And by these Presents of my own motion and certain 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 New-foundland-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 thereof 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 Catholiques 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 derain 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 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