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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
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
Port or Haven being consigned with the rest to other Places within or without the said Dominions shall not be obliged to register or pay the Rights of any other Goods or Merchandise then of that which they shall unlade in the said Port or Haven nor be constrained to give Bond for the Goods they shall carry to other Places nor any other security if it be not in case of Felony Debt Treason or other capital Crime XII Whereas the one moity of the Custom of all Forraign Goods and Merchandise imported into England is allowed and returned back to the Importer if the said Goods be exported out of the said Kingdom within twelve moneths after their first Landing upon Oath made that they are the same Goods which paid Custom inwards and that if they be not re-shipt within the said twelve moneths yet they may at all times be exported without paying any Custom or Duty outwards It is therefore agreed That if any the Subjects of the King of Great Britain shall hereafter Land any Goods or Merchandise of what growth or nature soever they be in any of the Ports of his Catholique Majesty and having entred them and paid the Custom which by this Treaty ought to be paid and shall afterwards desire to transport them or any part of them to any other Place whatsoever for a better Market it shall and may be lawful for him or them so to do freely without paying or being demanded any other Custom or Duty at all for the same he or they making Oath if required thereunto that they are the same Goods for which Custom was paid at their Landing And in case that the Subjects People and Inhabitants of the Dominions of either part shall unlade or have in any City Town or Village respectively any Goods Merchandises Fruits or Estates and have paid the Customs due according to what hath been declared and after that not being able to put them off shall resolve to remit them to some other City Town or Village of the said Dominions they may not only do it without difficulty or impediment and without paying other Rights then what were due at their Entry but likewise the Custom or Rights shall not be paid again in any other part of the said Dominions bringing Certificates from the Officers of the Custom-house that they were paid before in the due form And the chief Farmers and Commissioners of the King of Spains Rents in all places or some other Officer or Officers to be appointed for that purpose shall at all times permit and suffer the Transportation of all such Goods and Merchandises from place to place and give sufficient certificate to the Owners thereof or their Assignes of their having paid their Custom at their first Landing whereby they may be carried to and Landed at any other Port or Place of the said Jurisdiction free from all Duties or Impediments whatsoever as aforesaid saving alwayes the right of any third Person XIII That it shall be lawful for the Ships belonging to the Subjects of the one or other King to anchor in the Roads or Bayes of either without being constrained to enter into Port and in case they be necessitated to enter thereinto either by distress of weather fear of enemies Pirates or any other accident in case the said Ships be not bound to an enemies Port and carrying thither Countraband Goods whereof without some clear proof they shall not be questioned shall be lawful for the said Subjects to return to Sea freely when they please with their Ships and Goods so as they do not break bulk or expose any thing to sale and that when they cast anchor or enter the Ports aforesaid they be not molested or visited and it shall suffice that in this case they shew their Pass-ports or Sea-papers which being seen by the respective Officers of either King the said Ships shall return freely to Sea without any molestation XIV And if any Ship or Ships belonging to the Subjects and Merchants of the one or the other entring into Bayes or in the open Sea shall be encountred by the Ships of the said Kings or of Privateers their Subjects the said Ships to prevent all disorders shall not come within Canon-shot but shall send their Long-boat or Pinnace to the Merchant-ship and only two or three men on board to whom the Master or owner shall shew his Pass-ports and Sea-Letters according to the form which shall be inserted at the end of this Treaty whereby not only the Ships lading but the place to which she belongs and as well the Master and Owners name as the name of the Ship may appear by which means the quality of the Ship and her Master or Owner will be sufficiently known as also the Commodities she carries whether they be Countraband or not to the which Pass-ports and Sea-Letters intire faith and credit shall be given so much the rather for that as well on the part of the King of England as of the King of Spain some Counter-signes shall be given if it shall be found necessary whereby their authenticalness may the better appear and that they may not be in any wise falsified XV. If any prohibited Merchandise or Goods shall be exported from the Kingdoms Dominions and Territories of either of the said Kings by the respective People or Subjects of the one or the other in such case the prohibited Goods shall be only confiscated and not the other Goods neither shall the Delinquent incur any other punishment except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain the proper Coin Wooll or Fullers-earth of the said Kingdoms or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any Gold or Silver wrought or unwrought in either of which cases the Laws of the respective Countries are to take place XVI That it shall be lawful for the People and Subjects of both Kings to have access to the respective Ports of the one and the other and there remain and depart again with the same freedom not only with their Ships and other Vessels for Trade and Commerce but also with their other Ships fitted for War armed and disposed to resist and engage the enemy and arriving by stress of weather to repair their Ships or furnish themselves with Provisions so that entring willingly they be not so numerous that they give just occasion of suspition to which end they are not to exceed the number of eight nor continue in their Havens nor about their Ports longer time then they shall have just cause for the repair of their Ships to take in Provisions or other necessary things much less be the occasion of interrupting the free Commerce and coming in of other Ships of Nations in Amity with either King and when an unusual number of Men of War by accident shall come unto any Port it shall not be lawful for them to come into the said Ports