Imágenes de páginas
PDF
EPUB

means the quality of the ship, and her master or owner will be sufficiently known, as also the commodities she carries, whether they be contraband or not; to the which passports and sea-letters, entire 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 countersigns shall be given (if it shall be found necessary) whereby their authenticity may the better appear, and that they may not be in any wise falsified.

XV. If any prohibited merchandize 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 only shall be 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, wool, 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 entering willingly, they be not so numerous, that they give just occasion for suspicion, to which end they are not to exceed the number of eight, nor continue in their havens, nor about their ports, longer time than 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 or havens, not having first obtained permission of the King unto whom the said ports do belong, or the Governors 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 Governor or Chief Magistrate of the place with the cause of their coming; nor shall they remain there any longer time than 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 embark or detain, hinder or take for His respective service, any merchant, master of a ship, pilot or mariner, their ships, merchandize, cloths 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 or 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 controversy 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; forsamuch as it hath been thought convenient, that all, and any the laws, edicts, and acts, by which the importation of cloth, or any cloth, or any other woollen manufacture, of what kind soever, dyed or undyed, milled or unmilled, into Flanders, or the other provinces, hath been prohibited, be revoked and disannulled; and that if any right, tribute, imposition, charge or money hath been, with permission, or otherwise, put upon cloths, 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 King's of England, and the Dukes of Burgundy, and governors of the Low Countries) the same should be altogether void, and no such tribute or imposition from henceforth imposed, or put upon the said cloths or manufactures, for any 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 privileges, 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 governors of the Low Countries it is therefore agreed, that deputies shall be named by the King of Great Britain, who meeting with the Marquis of Castel-Rodrigo, or the governor 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 privileges, immunities, and necessary exemption, 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 traffic in all the Kingdoms, estates, or countries, which are or shall be peace, amity, or neutrality with the one or the other.

in

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 merchandize hereunder 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 merchandize and of contraband; it is declared and agreed, that under this name shall be comprehended all fire-arms, as ordnance, musquets, mortar-pieces, petards, bombs, granadoes, fire-crancels, fireballs, musquet-rests, bandeliers, gunpowder, match, salt-petre and bullets; likewise under the name of forbidden merchandize, 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 soldiers, horses, their harnesses, 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 the name of forbidden merchandize and of contraband, shall not be comprehended wheat, rye, barley, or other grains, or pulse, salt, wine, oil, and generally whatsoever belongs to the sustaining and nourishing of life, but they shall remain free, as likewise all other merchandizes 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 and 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 merchandize, 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 aggrieved 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 public 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 public 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 merchandize for brass-metal coin, or exchange them for other coin or things, against their will; or having sold them, to receive the payment in other species than what they bargained for, notwithstanding any law or other custom contrary to this Article.

« AnteriorContinuar »