ARTICLES OF Peace, Commerce, Sc Alliance, Between the CROWNS O F Great Britain AND A IN. CONCLUDED In a Treaty at Madrid the 'j. day of May^ in the Year of our L ord G od, i66j. Tranflated out of Latin. f>u'dlt(heti bp Ipifs ^a|e{fte0 Commanb* In the SAFor, Printed by the Afligns of ^ohn BiU and chripoyhtr. Barkr^ Printers to the Kings raoft Excellent Majefty. 16 6 y. Ci) Articles of Teace^ Commerce^ and Al^ liancey hetus^een the Cro'wns of Great Britain and Spain. I. Irfiy It is Agreed and Concluded^ That from this day forward there fliall be be- tween the two Crowns of Great Britain and Spain, a General, Good, Sincere, True, Firm and Perfedl Amity, Confe- deration and Peace, which fliall endure for ever, and be obferved inviolably, as well by Land, as by Sea and Frelh-waters 5 and alfo between the Lands, Countries, Kingdoms, Dominions and Territories, belonging un- to, or under the obedience of either of them 5 And that their Subje(5ts, People, and Inhabitants refpedive- ly, of. what condition, degree or quality foever, from A 2 hence- henceforth reciprocally, fhall help, afllft, and flievv to one another all manner of Love, good Offices, and Friendflrip, II. That neither of thefaid Kings, nor their refpetSlive People, Subjedis or Inhabitants within tlreir Domi- nions, upon any pretence, may in publick or fecret, do, or procure to be done, any thing againft the other, in any Place, by Sea or by Land, nor in the Ports or Rrvers of the one or the other, but flrall treat one an- other with all Love and Friendflrip.; and may by Wa- ter and by Land, Ireely and fecurely pafs into the Con- fines. Countries, Lands, Kingdoms, Iflands, Domi- nioHs, Cities, Towns, Villages, wali'd or without wall, fortified or unfortified, their Havens and Ports (where hitherto Trade and Commerce hath been ac- cuftomed} and there trade, buy and fell, as well of and to tire Inhabitants of the refpedive Places,. as t.hofe of their own Nation, or any other Nation thatr flrall be or come there,. HI; That thefaid Kings of Great Britaw and S^awyfhd.11 take care that their rcfpedive People and Subjeds from henceforward do abftain from all Force, Vie- fence or Wrong, and if any injury fhall be done by either of the faid Kings, or by the People or Subjeds of either of them, to the People orSubjeds of the other, againft the Articles of this Alliance, or againft commoa common Right, there fliall not therefore be given Letters of Reprifal, Marque, or Counter-marque by any of the Confederates, until fuch time as jufticeis fought and followed in the ordinary comfe ol Law: But if juftice be denied or delayed,then the King whofe People or Inhabitants have received harm, fliallask it of the other, by whom (as is faid) the juftice fliall have been denied or delayed, or of the Commilfto- nersthat ilialibeby the one King or the other appoint- ed to receive and hear fuch Demands, to the end that all fuch differences may be compounded in friendfliip, or according to Law. But if there fhould yet be a delay, or juftice flrould not be done, nor fatisfadion gi- ven within fix months after having the famefo demau' ded, then may be given Letters of Repriftil, Marque or Counter-marque. IV. That between the King of Great Britain^ and the King of S^ain^ and their refpedive People, Subjeds and Inhabitants, as well upon Sea as upon Land and Frefh-water, in all and every their Kingdoms, Lands, Countries, Dominions, Confines, Territories, Pro- vinces, Iflands, Plantations, Cities, Villages, Towns, Ports, Rivers, Creeks, Bayes,Streightsand Currents, where hitherto Trade and Commerce hath been accu- Homed, there fliallbe free Trade and Commerce, ia fuch way and manner, that without fafe Condud, and without general or particular Licence, the People and Subjeds of each other may freely, as well by Land as^ by Sea and Frefh-water, Navigate and go into their faid; faid Countries, Kingdoms, Dominions, and all the Cities, Ports, Currents, Bayes, Diftrids, and other places thereof, and may enter into any P rt with their Ships laden or empty. Carriage.or Carriages wherein to bring their Merchandife, and there buy and fell what and how much they pleafe, and alfo at juft and reafon- able rates provide themfelves with provifioos and other necelTary things for their fubfiftence and voyage • and alfo may repair their Ships and carriagesj- and from thence again freely depart withtlieir Ships, Carriages, Goods, Merchariaifc and Eftate, and return to their own Countries, or to fuch other Place as they fliall think fit, without any Moleftation or Impediment, fo that they pay theDuti sandCuftoms whichihallbe due, andfaving to either fide the Laws and Ordinan- ces of tiieir Country. V. Item, It is likewife agreed, That forthe Merchan- difes which the Subjedsof theK ng of Great Britain ihcllbuy in Sfain, or other the Kingdoms or Domi- nions of the King of Spain, and fiiall carry in their own Ships, or in Ships hired or lent unto them, no new Cuftoms, Toll, Tenths, Subfidies,'or other Rights or Duties whatfoever fhallbe takenorencrcafed, other then thofe which in the like cafe the Natives them- felvcs, and all other ftrangers are obliged to pay^ and the Subjedls aforefaid buying, felling and contradling for their M erchandifes, as well in refpedf of tiie Prices, as of all Duties to be paid, lhall enjoy the famepri- viledges which are allowed to the natural Subjedis of Spain 5 Spain •, and mav buy, and lade their Ships with fuch Goods and Merchandifes •, which faid Ships be- ing laden, and Cuftoms paid for the Goods, lhallnoE be detained in Port upon any pretence whatfoever^ nor fliall the Laders, Merchants, or Fadors who boughc and loaded the Goods aforefaid be queftioned after the departure of the faid Ships, for any matter or tiling vvhatfoever concerning the fame. VI. And to the end that the Officers and Minifters of all Cities, Towns and Villages belonging to either, may neither demand nor take from the refpedive Merchants and People, greater Taxes, Duties, Sti- pends, Recompences, Gifts, or any other charges, then what ought to be taken by vertue of this Treatyi and that the faid Merchants and People may know and underftand with certainty what is ordained in all things touching this-. It is agreed and concluded, That Ta- bles and Lifts fhall be put up at the Doors of the Cu- ftom-houfes and-Regiftries of all the Cities, Villages and Towns of, or appertaining to one or the other King where fuch Rights and Excifes or Cuftoms are ufually paid i in which, how much, and of what quality fuch Rights, Cuftoms, Subfidiesand Payments, cither to the Kings or any the aforefaid Officers are allowed, fhall be put down in writing, declaring afwell the fpe- cies of what is imported, as what is carried out. And if any Officer, or any other in his name^ upon any pre- tencc whatfoever, in publickor fecret, directly or in^ dire^^ly, fhall ask or receive of any Merchant or other perfon CS-) perfon refpe(5tively,any funiof money or other thing, by the name of Right, Due, Stipend, Allowance, or Recorapence (though it be by the way of voluntary Donative) more or ptherwife then aforefaid, the faid Officer or his Deputy being in fuch manner guilty and convi(fi before a competent Judge in the Country where the Crime is committed, ffiallbeput in Prifon for three months, and fluall pay thrice the value of the thing fo received •, of which the half flrall be for the King of the Country where the Crime is committed, and the other half for the Denunciator, for the which he may fue his Right before any competent Judge of the Country where it lliall happen. VII. That it ffiall be lawful for the Subjedfs of the King of Great Britain^ to bring out, and carry into Sfain, and all or any Lands and Dominions of the King of Spain (where heretofore they have ufed Trade and Commerce) and trade there with all kind of Mer- chandife, Cloaths, Manufadtures, and things of the Kingdom o( Great Britain, and the Manufadlures, Goods, Fruits, and kinds of the Iflands, Towns and Plantations to him appertaining, and what ffiall have been bought by Englilh Fadiors on this fide, or farther qn the other fide of the Cape of Btiena Efperanca, without being inforced to declare to whom , or for \<'hat price they fell their faid Merchandife and Pro- vifions, or being molefted for the errors of the Ma- fterS of the Ships, or others, in the entry of the Goods; and at their pleafurc to return again out of the Dorai- nions II nions of the King of Spain^ with all, or any Goods, Eftates and Merchandife, to any of the Territories, Iflands, Dominions and Countries of the King of England^ or to any other Place, paying the Rights and Tributes mentioned in the antecedent Chapters 5 and the reft of all their lading which is not brought to Land, they may detain, keep and carry away in their faid Ship or Ships, Veflel or Veflels again, without paying any Right or Impofition whatfoever for it, as if therewith they had never been within any Bay or Port of the Catholique King. And all the Goods, Eftates, Merchandife, Ships or other Veftels,with any things introduced into the Dominions or Places of the Crown of Ctreat Britain as Prizes, and judged for foch in the faid Dominions and Places, fliall be taken for Goods and Merchandife of Great Britain^ comprehen- ded fo by the intention of this Article. VIII. That the Subjeds and Vaffals of the Moft Serene King of Great Britain may bring and carry to ail and fingular the Dominions of the King of Spain , any Fruits and Commodities of iht Eafi-Indies^ it appear- ing by teftimony of the Deputies of the Eafi-lndy Company in London, that they are of, or have come from the Engltjh Conquefts, Plantations or Fadtories, with like pnviledge, and according to what is allowed to the Subjedis of the United Provinces, by the Royal Cedftlasoi qontravando bearing date the 27. of ^une^ and the3. of ^ulyi66^. and publillied on the 50. of ^Hne, and 4. of ^uly the fame year. And for what may B con- (lO ) concern both the Indies^ and any other Parts whatfo- ever, the Crown of Spain doth grant to the King of Great Britain and his Subjeds, all that is granted to the United States of the Lovv-Countreys and their Subjeds, in their Treaty of Mmfier i6e^8. Point for Pointj in as full and ample manner as if the fame were herein particularly inferred, the fame Rules being to be obferved whereunto the Subjeds of the faid Uni- ted States are obliged, and mutual Offices of Friend- (hip to be performed from one fide to theoiher. IX. That the Subjeds of the King of Great Britain^ tra- ding, buying and felling in any of the Kingdoms, Go- vernments, Iflands, Ports or Territories of the faid King of Spain, (hall have, ufe, and enjoy all the Pri- viledges and Immunities, which the faid King hath granted and confirmed to the EnglijhM^xchmis that refide in Jndaluzia, by his Royal Cedtdas oxOxdtxs,- dated the 15?. day of March, the i6, day of ^une, and oi Nevember 1545. His Catholique Maje- fty by thefe prefents reconfirming the fame as a part ©f this Treaty between the two Crowns^ And to the end that it be manifeft to [all. It is coniented, That the faid Schedules (as to the whole fubftance thereof} be pafled and transferred to the body of the prefent Articles, in the name and favour of alland fingular the Subjedfs of the King of Great Britain, refiding and trading in any Places whatfoever within his Catholique Majefties Dominions. X. That (") X. That the Ships, or any other Veflels that fliall be- long to the King of Great Britain or his Subjed^jNavi- gating into the King of Spiin's Dominions, or of his Ports, lliall not be vifited by the Judges of Counterband, or by any other Officer or Perfon, by his own, or by any other Authority 5 nor ffiall any Souldiers, armed men or other Officers or Perfons, be put onboard any of the faid Ships or VefTds; nor fhall the Officers of the Cuftom-houfe of the one or the other Party, fearch in any Veffiels or Ships belong- ing to the People of the one or the other, which fliail enter into their Regions, Dominions, or refpedfive Ports, until their faid Ships or Veffiels are unladen, or until they have carried on flrore all the Lading and Merchandife which they declare they refolve to difem- barque in the faid Port; nor fliall the Captain, Mafter, orany other of the Company of the faid Ships be im- prifoned, or they or their Boats detained on fhore 5 but in the interim, Officers of the Cuftom-houfe may be put on board the faid Veffiels or Ships, fo they ex- ceed not the number of three for each Ship, to fee that no Goods or Merchandife be landed out of the faid Ships or Veffiels, without paying fuch Duties as by thefe Articles either Party is obliged to pay, which faid Officers are to be without any charge to the Ship or Ships, Veflel or Veffiels, their Commanders, Mariners, Company, Merchants, Fadi:ois,or Proprie- tors. And when it happens that the Mafter or Owner B 2 of (12)' of any Ship fliall declare that the whole Lading of his faid Ship is to be difcharged in any Port, the Entry of the faid Lading fliall be made in the CDlfom-h.'cufe, af- ter the ufual manner; and if after the Entry made, any other Goods be found in the faid Ship or Ships^ more then what are contained in the faid Entry, eiglit work- ing dayes Hiall be allowed them on which they may work (wh;ch lhall be reckoned from the day they be- gan to unlade) to the end, that the concealed Goods may be entred,andthe Confifcation of them prevented: And in cafe that in the time limited, the Entry or Manifeftationof them ilrall not have been made, then fuch particular Goods only, which fliall be found as aforefaid, though the unlading be not finiflied, fliall be confifcated, and not any other-, nor fliall other trouble be given, or puriOiment infl dfed on theMer- chant orOwner of the Shipi and when the Ships or Veflels are reladen, they may havejieedom to go out again. XI. That the Ship or Ships appertaining to the one or the other King, or to their refpedlive People and Subjedfs, that fliall enter into any Ports, Lands or Dominions of the one or the other, and lhall difcharge any part of their Goods and Merchandifes in any Port orHviven, being configned with the reft to other Pla- ces, within or without the faid Dominions, fliall not be obliged toregifteror pay the Rights of any other Goods or Merchandife, then of that which they ftiali unlade unlade in the faid Port or Haven, nor be conft a'ned to give Bond for the Goods they flrall carry to other Pla- ces, nor any other fecarity, if it be not in cafe of Fe- lony. Debt, Treafon, or other capital Crime. XII. Whereas theonemoity of the Cuftom of all For- raign Goods and Merchandife imported into BngUnd^ is allowed and returned back to the Importer, if the faid Goods be exported out of the faid Kingdom with- in twelve moneths after their firft Landing,upon Oath made that they are the fame Goods which paid Cu- ftom inwards, and that if they be not re-fliipt within the faid twelve months, yet they may at all times be exported without paying any Cuftom or Duty out- wards: It is therefore agreed, That if any the Sub- jeds of the King of GreAt Britain fhall hereafter Land any Goods or Merchandife, of what growth or nature foever they be, in any of the Ports of his Ca- tholique Majefty, and having entred them, and paid the Cuftom which by this Treaty ought to be paid,and fliall afterwards defire to tranfport them, or any part of them, to any other Place wharfoever, for a better Market, it fliall and may be lawful for him or them fo to do freely, without paying or being demanded any other Cuftom or Duty at all for the fame, he or they making Oath, if required thereunto, that they are the fame Goods for which Cuftom was paid at their Landing • And in cafe that the Subjeds, People and Inhabitants of the Dominions of either part fliall un- lade,or have in any City , Town or Village refpedivtly, any Ch) ■any Goods, Merchandifes, Fruits or Eftates, and have paid the Cuftoms due, according to what hath been declared, and after that, not being able to put them off, fliall refolve to remit them to fome other City, Town or Village of the faid Dominions, they may not only doit without difficulty or impediment, and without paying other Rights then what were due at their Entry, but likewife the Cuftom or Rights fliall not be paid again in any other part of the faid Dorai- nions, bringing Certificates from the Officers of the Cuftom-houfe, that they were paid before in the due form. And the chief F.umers and Cobamiffioners of the King of Spain's Rents in all Places, or feme other Officer or Officers to be appointed for that purpofe, fliall at all times permit and fuffer the Tranfportation of all fuch Goods and Merchr.ndifes from' place to place, and give fufficient certificate to the Owners thereof, or their Affignes, of their having paid their Cuftom at their fiift Landing, whereby they may be carried to, and Landed at any otlier Portor Place of the faid Jurifdidion, free from all Duties or Impediments whatldever, as aforefaid, faving always the Right of any third Perfon,' XIII, That it fhall be lawful for the Ships belonging to the Subjeds of the one or other King, to anchor in the Roads or Bays of either, without being con- ftrained to enter into Port ^ and in cafe they be necef- fitated toenterthereinto,eitherby diftrefsof weather, fear of enemies, Pirates, or any other accident, in cafe the faid Ships be not bound to an Enemies Port, and carrying thither Contraband Goods fwhereof with- out fome clear proof, they (hall not be queftjpned} it fliallbe lawful forthefaid Subjedls, to return to Sea freely when theyjileafe, with their Ships and Goods, fb as they do not break bulk, or expofe any thing to flile; and that when they caft anchor, or enter the Ports aforefaid, they be not molefted or vifited ^ and it diall fuffice that in this cafe they fhew their Pafs- ports or Sea-papers, which being feen by the refpe- dive Officers of either King, the faid Ships fhall re- turn freely to Sea without any moleftation. XIV. And if any Ship or Ships belonging to theSubjeds and Merchants of the one or the other, entring into. Bayes, or in the open Sea, fhall be encountred by the Ships of the faid Kings, or of Privateers their Subjeds 5 the faid Ships, to prevent all diforders, fliall not come withinCanon^fhot,but fhall fend their Long- Boat or Pinnace to the Merchant-Ship, and only two or three men on board, to whom the Mafter or Owner fhall fhew his Pafsports and Sea-Letters, according to the form which fhall be inferred at the end of this Treaty, whereby not only the Ships Lading, but the place to which fire belongs, and as well the Mafter and Owners narrte, as the name of the Ship may ap- pear > by which means the quality of the Ship, and her Mafter or Ovyner will be fufficiently known, asalfo the Commodities fbe carries,whether they beContraband,; or notj to the which Pafsports and Sea-Letters, in-- tue (itf) til-e faith and credit fliall be given, fo much the rather, fortbatas w.iron the part of the King of Evglandj as of t\^Kin^: >i 'Spai>ty fome Counter-fignes flrall be given (if it fliall be found neceffary) whereby their authenticalnefs may .he better appear, and that they may not be in any wife falfified. If any prohibited Merchandife or Goods fliall be exported from the Kingdoms, Dominions andTerri- tories of either of the faid Kings, by the refpedtive People or Subjeds of the one or the other, in fuch cafe tlie prohibited Goods fhall be only confifcated, and not the other Goods ^ neither iliall the Delinquent mcur any other punilhment, except the faid Delin- quent fliall carry out from therefpedive Kingdoms or Dominions of the King of Great Britain, the proper Coin, Wooll, or Fullers-earth of the faid Kingdoms, or fliall carry out of the refpcdivc Kingdoms or Do- minions of the faid King of Spain, any Gold or Sil- ver, wrought or unwrought •, in either of which cafes, the Laws of the refpedive Countreys are to take place, XVI. That it fliall be lawful for the People and Subjeds of both Kings, to have acccfs to the refpedive Ports of the one and the other, and there remain,and depart again with the fame freedom , not only with their Snips, and other Yeffcls for Trade and Commerce, butalfo with their other Ships fitted for War,armedj and difpofed to refift and engage the Enemy, and ar- riving by ftrefs of weather to repair their Ships, or furnifii themfelves with Provifionsj fo that entring willingly, they be not fo numerous, that they give juft cccafionof fufpition, to which end they arenottoex- ceed the number of Eight, nor continue in their Ha- vens, nor about their Ports, longer time then they lhall have juft caufe, for the repair of their Ships, to take in Provifions or other neccfTary things, much left be the occafion of interrupting the free Commerce, and coming in of other Ships, of Nations in Amity with either King i and when an unufual number of Men of War, by accident fiiall come unto any Port, it fhail not be lawful for them to come into the faid Ports or Havens, not having fii ft obtained permilfion of the King unto whom the faid Ports do belong, or the Go- vernours of the faid Ports, if they be not forced there- into by ftrefs of weather or other neceffity, to avoid the danger of the Sea, and in fuch cafe they ihall pre- fently acquaint the Governour or chief Magiftrate of the Place with the caufe of their coming; nor lhall they remain there any longer time then the faid Go- vernour of Magiftrate lhall think convenient, or do^ any aift of Hoftility in fuch Ports, that may prove of prejudice to the one or the other of the faid Kings. C XVII. (.8) XVII. That neither the faid King of Great Britain^ nor the King of S^ain, by any Mandate general, nor particu- lar, nor for any caufe whatfoever, fliall Embarque or detain, hinder or take for his reipedive feivice, any Merchant, Mafter of a Snip, Pilot or Mariner, their Shipsj Merchandife, Clo-aths or other Goods belong- ing unto the one or the other, in their Ports or Waters, if "it be not that either of the faid Kings, or the Peifons to whom the Ships belong, be firff adt^ertifed thereof, and do agree thereunto-. Provided that this flrali not be conftrued to hinder or interrupt the ordinal y courfe of Juftice and Law in either Country. xvm. Tl^at the Merchants and Subjedf^ of the one and the other King, their Fadfois and Servants, as alfo their Ships, Maftei s and Mariners, may as well going as coming, upon Sea and other Waters, as in the Havens and Ports of the one and theother refpedfively, carry and ufe dlPkind of Arms, Defenfive and O&nfive, without being obliged to regifter them, as alfo upon Land to carry and trfe them for their defence, accor- ding to the cuffom of the Place. XIX. That the Captains, Officers and Mariners of the Ships belonging to the People and Subjcvls of either bring (l9) Party, may not commenGe an Acftion, nor hinder or bring trouble upon their own Ships, their Captains, Of- ficers or Mariners in the refpedive Kingdoms, Domb nionsj Lands, Countries or Places of the other, for their Wages or Salaries, or under any other pretence. Nor may they put themfelves, or be received, by what pretext or colour foever, into the Service or Protedion of the King of England, or King of Spain, or their Arms *, but if any controverfie happen be- tween Merchants and Mafters of Ships, or between Mafteis and Mariners, the compofing thereof fliall be left to the Conful of the Nation, but after fuch man- her, as he who fhall not fubmic to the Arbitremenr, may appeal to the ordinary Jufticeof the Place where he is fubjed. 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 J'urifdidion of the King of Forafmuch as it hath been thought convenient, that all, and any the Laws, Edids, and Ads by which the Importation of Cloth, or any other Woollen Ma- nufadure, of what kind foever, dyed,^ or undyed, milhd, or unmill'd, into Flanders, or the other Pro- vinces, hath been prohibited, be revoked and difan- null'd; and that if any Right, Tribute, Impofition, Charge or Money, hath been, with perraiflxon, or otherwife, put upon Cloaths, or any of the aforefaid Woollen Manufaduresfo imported ("except the anci- C 2 ent XXI. (-o) ent Tribute upon every piece of Cloth, andpropor- tionably upon everyj other Woollen Manufadure, agreeable to the ancient Treaties and Agreements between the then Kings of EngUnd^ and the Dukes of Burgmd'j^ and Governours of the Low-Countries) thefameflrould be altogether void, and nofuchTri- bute or Ibrpofitionfrom- henccibrth impofed, or put upon the fa d Clothes or Manuhidfures, for nocaufe t>r pretext whatfoever; And that all the £»^///JMei- chants, trading in any of the faid Provinces, their Tadtors, Servants, of Commiffioners, iliould enjoy from henceforward, all the Priviledges, Exemptions, Immunities and Benefits, which formerly have been agreed and given by the aforefaid ancient Treaties and Agreements, between the then Kings of England^znd the Dukes of Burgundf^ and Governours of the Low- Countries: It is therefore agreed. That Deputies fiiall be named by the King of Great Britainj who meeting with the Marquefs of Cafielrodrigo, or theGovernour of thofe Provinces for the time being, or any other Miniftersof the King of 5'/'4;»,fuf!iciently authorifed in this behalf, fliall friendly Treat and Concludehere- upon 5 and alfo fuch further Priviledges, Immunities, and necefTary Exempt-ions, fuitable to the prefent ffate of Affairs, fhallbe granted for the encouragement of the faid Merchants and Adventurers, and for the fe- curity of their Trade and Commerce, as fhallbe agreed upon in a fpecial Treaty, that fhall be made between both the Kings, touching this Particular, (21 ) XXI. The Subjeds and Inhabitants of the Kingdoms and Dominions of the Moft Serene Kings of Great Bri- tain and Sfain refpedively, ftiall with all fecurity and liberty, Sail to, andTraffick, in all the Kingdoms, Eftates, or Countries, which are or ihall be in Peace, Amity, or Neutralitywiththe oneor the other. xxn. And they fhall not be difturbed or difquieted in that liberty, by the Ships or Subjeds of the faid Kings refpedively, by reafon of the hoftilities which are or may be hereafter between either of the laid Kings, aiid the aforefaid Kingdoms, Countries, and States, or any of them, which flrall be in Friendlhip or Neutrality with the other. • XXIII. And in cafe that within the faid Ships refpedively, be found by the abovefaid means, any Merchandife here under mentioned, being of Contraband, and Prohibited, they flrall be taken out and confifcatcd, before the Admiralty, or other competent Judges? but for this reafon, the Ship, and the other free and al- lowed Commodities which ihall be found therein, fhallinnpwife be either feized or confifcatcd. XXIV. More- (22) XXIV. Moreover, for better prevention of the differences which might arife touching the meaning of forbidden Merehandife, and of Contraband;-, It is declared and agreed, That under this name lhall be comprehended all Fire-Arms-,asOrdnance, Muskets, Mortar-pieces, Petards, Burabs, Granadoes, Fire-crancels, Fire- balls, Musket-refts, Bandeliers, Gunpowder, Match, Salt-peter,and Bullets^ likewife under the name of forbidden Merehandife, are underftood all other Arms, Pikes, Swords, Pots, Helmets , Backs, and Breaffs, Halberds .,- Javelins, and fuch like Ar-^ mour-. Under this name is likewjfe forbidden the tranfportation of Souldiers, Horfes, their .HarnafFes,. Cafes of Piftols,, Holfters, Belts, and other Furniture, formed and compofed for the ufe of W^ar, XXV. Likewife, to prevent all mannerof eifpnteand-con- tention. It is agreed, That under that name of fer- bidden Merehandife, and of Contraband, fhall not be comprehended Wheat, Rye, Barley, or other Grains, orPulfe,Sak, Wine, Oyle, and generally whatfoever belongs to the fuCbining and nourinhng of life, but they lhall remainfreei as likewife • all: other Merchan- difes not comprehended in the preceding Article 5 and the tranfportation of them fhall be free and permit- ted, although it be to the Towns and Places of Ene- mies, (2:? ) miesjunlefs fuch Towns and Places be befieged,block- cd upjOrfuri'Ounded. XXVI. It is-«l{b agreed, That whatfoever Ihall be fonnd laden by the Subjeds or Inhabitants«£ the Kingdoms and Dominions of either of the faid Kings of England and Sfain aboard the Ships of the Enemies of the other, though it be not forbidden Merchandife, fliall be con- fifcated, with all things elfe which fball be found, within the faid Ships without exception or referve, XXVII. That the Conful which hereafter fliallrefideitiany of the Dominions of the King of Sfain, for the help and protection of the Subjects of the King of Great Britain^ fliall be named by the King of Great Britain,. and he fo »namedj, Iball have and cxercife the fame power and authority in the execution of his charge, as any other Conful hath formerly had in the Dominions, of the faid King of Sfain-, and in like manner the Sfanijh Conful rcfiding in England,(hall enjoy as muck authority as the Confuls of any other Nation have hi- therto 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 SubjeCls of the King of Great Britain^ Whfli; C 24) when they go to, come from^ or remain in the Domi- nionsor Lordfhipsof the King of by reafon of their Commercoor other bufinefs, fliould be moleffed for cafe of Confcience, therefore that the Commerce be fecure, and without danger,as well upon Land as at Sea, the faid King of Spaw fliall provide, that the Subjeds of the faid King of Great Britain fhall not be agrieved contrary to the Laws of Commerce, and that none of them flaall be molefted or diflurbed for their Confcience, fo long as they give no publique fcandal or offence ^ and the faid King of GreaUBritain flrall likewife provide, for the fame reafons, that the Subjeds of the King of Spain{!t\A\ not be mokiied or diftuibed for their Confcience againft the Laws of Commerce, fo long as they give no publique fcandal or oflfence. XXIX. TLat the People and Subjeds refpedively of one Kingdom, in the Dominions, Territories, Regions or Colonies of the other, fliall not be compelled to fell .their Merchandife for Brafs-metal-Coin, or ex- changeathem for other Coin or things, againft their will 5 or having foldihem, to receive the payment in other fpecies, then what they bargained for, not- withftanding any Law or other CKflom contrary to this Article, XXX. That XXX. That the Merchants of both Nations, and their Fa- ftors, Servants and Families, CommifTioners, or o- titers by them employed 5 as alio Mafters of Ships, Pilots and Mariners, may remain freely aad fecurely in the Fiid Dominions,Kingdoms and Territories of ei- ther of the faid Kings, and alfo in their Ports and Ri- vers 5 and the People and Sabjedfs of the one King, may have, and with all freedom and fecurity enjoy, in all the Lands and Dominions whatfoever of the other, their proper Houfes to live in, their Ware-houfesand Magazins for their Goods and Merchandife,which they fliallpoflTefs during tire time for which they fliall have taken, hired, and agreed for them, without any Impe- diment. XXXI. The Inhabitants andSubjeds of thefiid Confede- rate Kings, in all the Lands and Places under theobe- dienceof the one or the other, fliall ufe and employ thofe Advocates, Prodors, Scriveners, Agents and Solicitors, whom they think fit, the which lliall be left to their choice, and confented to by theOrdi- nary Judges, as often as there lhallbeoccafion > and they flialj not be conftrained to fliew their Books and Papers of Accompt to any perfon, if it be not to give evidence for the avoiding Law-fuits and Controveiliesf neither fhall they be embarqued, detained, or taken out of their hands, upon any pretence whatfoever, And D it itfhall be permitted to the People and Subjeds of ei- ther King, in the refpedive Places where they fliall refide, to keep their Books of Accompt, Traffickand Correfpondence in wliat Language they pleafe, in JEfiglijh, S^anijh, Dutch, or: zny other, the which fliall not bemolefted, orfubjed to any Inquifition. And whatfoever elfe hath been granted by either Parry, concerning this particular, to any other Nation, Ihall be underlteod likewife to be granted here. xxxir. That in cafe theEftate of any perfon or peifons fliall befequeftred or feifed on by any Court of Ju- If ice or Tribunal whatfoever, within the Kingdoms and Dominions of either Party, and any Effate or Debt happen to lie in the hands of the Delinquents belong- ing Bona fide andSubjeds of the other, the faid Effate or Debts flrall not be confifcated by any of the faid Tribunals, butfliall be reffored to the true Owners in fpeae^ if they yet remain, and if nor,, the value of them (according to the Contrad and Agreement which was made between the Parties} fhall be reffored within three moneths after the faid feque- ftration. XXXIII. That the Goods and Effates of the People and Sub- ;edsof the one King, that fhall die in the Countries, Lands and Dominions of the other, fhall be prcferved for . ( 27 ) for the lawful Heirs, and Succeflbrs of the deceafed } the right of any third Perfon alwayes refer ved. XXXIV. Thatthe Goods andEftates of the Subjects of tl^e Km%o^ Great Britam^ thatfliall die without making a Will in the Dominions of the King of Spaifj, fhall be put into Inventory with their Papers, Writings,and Books of Accompt, by the Conful or other publique Minifter of the King of Great Britain, and depofited in the hands of two or three Merchants that fhall be named by the faid Conful, or publique Minifter, to be kept for the Proprietors and Creditors 5 and nei- ther the Cruzada, nor any other Judicatory whatfoe- ver, ftaall intermeddle therein; whichalfo in the like cafe fhall be obferved in towards the Subjedls of the King of Sfain, XXXV. • That a decent and convenient Burial-place fliall be grantedand appointed to bury the bodies of the Sub- jedts of the King of Great Britain^ who fliall die with- in the Dominions of the King of S^ain. XXXVI. If it fhall happen hereafter that any difference fall out (which God forbid) between the King of Great Britain-, the King of Spain, whereby the mutual Commerce and good Correfpondence may be endan- - Da gered. (28) gereJ, the refpecflive Subjec^is tind People ot ettch Patty HiaH have nouce thereot-" given them in time, that is to fay, the Ipace of fix months, to tranfport theit Merchandife and effeds, without giving them in tliat time any iMoltftation ortrouble, or retaining or embarquing tlieir Goods or Pei fons. XXXVfl All Goods and Rights concealed oi- embatquecf. Moveables, Immoveables, Rents, Deeds, Debts, Credits, and the like, which have not with a formal notice of the caiife, and byalegalcon-demnation, ac- cording to the Ordinary Juftice been brought into the Royal Exchequer at the time of concluding this Trea- ty, fihall remain at thefullandfreedifpofal of the Pro- prietore, their Heirs, orot thofc whofliall have their Right, with all the Fruits, Rents and Emoluments thereof, and neither thofe who have concealed the faid Goods, nor their Heivs fiidl be molefied fortius capCeby the Fxchequers refptdtively•, but the Pro-" prietors, their Heirs, or thofe who firall have their Right, firall have for the faid Goods and R ights their Adiion at Lavvj as for their own proper Goods and Eftate. XXXVIII. It is agreed and Concluded, That the People and Subjedls of the King of Great Britain , and of the King of Sfain^ fiiairiiave and enjoy in the refpedlive Lands, Seas, Ports, Havens, Roads and Territories of the the one or the other, end in all Places wlivitroever, the fame Piiviledges, Securities, Liberties and Immuni- ties, whether rhey concern their Perfons or Trade, wdth all the beneficial claufes and circumftances which have been granted, orfiiall be hereafter granted by ei- therof the laid Kings, to the Moft Chriftian King, the States General of the United Provinces, the Hans-Towns, or any other Kingdom or State what- fotver, in as full, ample, and beneficial manner, as if the fame were particularly mentioned and inferced in thisTreaty, XXXIX. In cafe any difference or difpute flrall happen oa either fide concerning thefe Articles of Trade and Commerce, by either the Officers of the Admiralty or otherperfonvvhatfoever, in the one or the other King- dom j The complaint being prefented by the party concerned, to their Ma jefties, or to any of their Coun- cil, theirfaid Majefties fiiali caufe the damages fortl> w:ith to be repaired, and all things, as they are above agreed, to be duly executed 5 and in cafe, that in pro- grefs of time any frauds or inconveniencies be difco- vered in the Navigation and Commerce between both Kingdoms, againft which fufficient prevention hath not been made in thefe Articles, other provifions may be Irereafter mutually agreed on, as flrall be judged convenient, theprefent Treaty remaining ftill in full force and vigour. XL. It ("3°) XL. It is likewife accorded and concluded , Tkat the Moft Serene and Renowned Kings of Great Sritainznd. Spoils ftiall fincerely, and faithfully obferve and keep, and procure to beobferved and kept, by their Sub- jedts and Inhabitants refpedtively, all and Angular the Capitulations in this prefent Treaty agreed and concluded: Neither fliall they diredly or indiredly infringe the fame, or confent that the fame flrall be infringed by any of their Subjedls or Inhabitants. And theyfhall ratifie and confirm all and fingular the Con- ventions before accorded by Letters Patents recipro- cally,in fufficient, full and efFedual form, and the fame fo formed and made, fhall interchangeably deliver, or caufe to be delivered faithfully and really, within four months after the date of thefe prefents •, and they ihallthen, aflbon as conveniently maybe, caufe this prefent Treaty of Peace and Amity to be publifhed in all Places, and in the manner accuftomed. Dated at Madrid, the day of Maj^ in the Year of our Lord, i66-j. 7he C 30 The Form of Letters which ought to be gyven by the Towns and Sea-Fortsy^o the Ships and VeJJels fetting fail from thence. O all unto whom thefe Prefents come ^ We the Cover- nours, Confuls, or chief Magi- firate or Coramiffioners of the Cuftoms, of the City, Town or Province of N. do teftifie and make known, That N. N. Mafter of the Ship N. hath before Us, un- der folemn Oath declared. That the Ship N1 of Tun (more or lefs) of which he is at prefent Mafter, doth belong to the In- habitants of N. in the Dominions of the Moft Serene King of Great Britain. And We, dc- firing that the faid Mafter may be affiftcd in his Voyage and Bufinefs, do intreat all per- fons in general and particular, who (hall meet him, and thofe of all Places where the ftiid Mafter fhall come with the faid Ship and her Mcr- Mcrchandife, that they wctiM admit him favourably, treat him kindly, and receive the laid Ship into their Ports, Bayes, Havens, Ri- vers and Dominions, permitting her quietly to fail, pafs, frequent, and Negotiate there, or in any other places, as fliall Icem good to the laid Mafrer, paying fill the Toll and Cii- ftomes which of right fiall be due. Which we will acknowledge gratefully upon the like occafons. In witnefs whereof, we have fgn- ed thefe Prelents, and fcaled them with the Seal of our Town. W 1 L I . G O D o L P H I N. t)on Pedro Fernamdez del Cctm^o y Arignlo. The T he Copy [ OF A ATE NT. * Containing Several Gracious Priviledges lately Granted by the High and Mighty Philip the Fourth, KJH.9 of Which are Confirmed by the foregoing T reaty, and whereof mention is made in the Ninth Article of the faid Treaty. Puhltfljeh hp ^10 (ZDommanD* In the s 'jrOTy Printed by the Afligns of BiH and Chrifiofher Barker^ Printers to the Kings mofl Excellent Majefly, i 6 6 f, I '( 35 ) The Copy of a Tatent containing fe^ vercd Qracious Trmled^es lately granted by the High and Alighty Philip the Fourth, ]{ing of Spain, (y'c, ON PHILIf, By the Grace of God, King of Cajlile, Leon ^ Arragon^ thd two Sicilies J ^erufalem, Portugal, NH' varre, Granado, Toledo, Valencia^ Gali' , ckiMajorca^ SivilU^Sardinia^Cordoua, Corfega, Muriea^faen^ the Algarves, Algefira, GibraU tar^ the Iflands of the Canaries, the Ea(i and Weft In' dies, Iflands, and firm Land of the Ocean Sea, Arch-Duke of Duke of Burgundj, Brabant, and Milan, Earl of Hafpurg, Flanders, Tirod, and Barcelona, Lord of SifcajmiMolfm, 6cc. ^ 2 Whereas (30 WHcreas on the behalf of you Richard An^ thmj^ Conful of theEnglilh Nation y for yourfelf, and in the Naine of the fub- jeds of the King of Great Britain., it hath been fliew- ed onto me. That by vertue of the Peace which is concluded in this and that Realm , you do refid^ and trade in Andaluzia, and fpecially in the Cities of Si- "vill, St. Lucar, Cadiz and Malaga, defiring me to be pleafed to confirm unto you the priviledges, ex- craptions.and faculties which,do belong unto you as well by the Aftfcks'^of-the faid -Peace, as by the / Gonfirma,tions there.of,and other Favours and Graces which my Lord arid Father of glorious memory did grant unto you, and all fiich others which have been • given ygu by the Ctowns of 'my Realms of Caftile 3.Tid. Pmu^rd, and to comiriarid that they may be in^ and for all things obferved and.accQmp'liflied unto you without any limitation, and for further afiurance to grant them anew untoyou, with the qualities, am- plitudes and declarations which fliall be moft conveni- ent. for you 5 and to fet Penalties upon fuch as ilrall contradidf, and not obfeive them unto you 5 and to the end it may be known what they are, to grant them Copies thereof, or of that which my favour flrall be 5 And I taking the Premifes into confideration 5 and be- caufefor the occafions which I have for my Wars, you have offered toferve me with 2500. Duckets of Sil- ver, to be paid one Thoufand ready money, and the remaining one Thoufand five Hundred in the Moneth of Afrilol this Year 5 whereof the Licentiate ffc- Morene , which in reverfion of I)on Jnthon'j. de C37> Cdmpo Redondoj Rio, Knight of the Order of Sand- ago, one of my Council and Chamber, and- of the Ti eafury in your name, and by vertue of your power • did acknowledge a Writing of Obligation in form before ^'ohn Ortez,' do U Notary, I do hold it for good; And by thefe Prefents of myownmoti- on, and certain knowledge, and Royal and abfolute Power, which I in this behalf will make ufe of, and do life as an abfolute 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 thefaid Peace, as by the Confiimation thereof; and alfo the other favours and graces which ray Lord and Father did grant unto you, and others vvhatfoever, which have been given by my Crowns of Caflile and Portugal unto the faid Subjeds, in and for all things as therein, and every thing and part thereof is fpecified, contained, and declared, to the end they may be firm, liable, and of value, and be obfervcd, kept and ac- compliflred unto you ; For my deliberate intent and will is, that all thofe of the faid Nation fliall enjoy thereof without any limitation, in fuch manner, that, during the time the faid Englifhmen flaall refide in Andaluzia,Xitkhzr: you nor they may be charged with any Office or publick Chaige, nor Council, Tutor- fhip, Curatorftip, Receivers or Treafurers, although they be ©f Cuftomers and Millions, or other Services which concern my Royal Treafuryj and much lefs they may demand of you any Loans or donations, or take from yOuany Rights, or your Rents, Horfes, or Slaves: And to do you the more favourer grace ac- corchng . (38) cording to that whichisagreed bythe faid Peace, Ido will and promife that you fliall and may deal and itrade freely, and fell your Merchandife and Fruits, and buy thofe of my Realms, and cany them forth , ob- "ferving that which is ordained and commanded by the Laws and Statutes which make mention thereof, and paying to my Royal Treafurythe Duties or Cuftoms which ought to be paid, pronibking, as I do prohibit and command, not to take from you by force any Merchandifes, Wheat, or Barley, although it be for the making ready or furnifliing my Armies, Fleets, or Gallions, nor for Furveyois or ^rewards*, and the Priviledges are to be concerning the Wheat and Bar- ley accorcing to the Tunj and concerning the other things and Merchandifes, as you fliall conclude and agree: but they may not take them out of yourPof- ieflion until they have paid for them, unlefsfor the fame there be leave given, that they do not moleft and trouble you. And forafmuch as many of you do treat to bring into the Ports of Andalufia^ the City of 5/t;//, and other places, great quantity of Nerv-pund- Isnd-Ftjh^ and other forts of dry and faked Fim, be- caufethey are Vidluals which are very neceflary *, and that you have been and are put to great Charges, and are much troubled, Ido will and command to be kept theOrdinanceof the City of 5^//, whereby it is or- dained, that thofe which come in with dry or faked Fiflr, there fliall not be any Price or Rate fet upon them, but thev fhall be permitted to fell at fuch a Price as they fliall think good; and it fliall not be ne- ceflary to manifeft them any more then unto my Offi- cers which receive my Royal ^ents: and if the Ships whereki I \o9 ) , . wherein thefaid Fifli is brought be great Ships, that- they cannot go up the River, and that the fame beput into Barques or Lighters, the Judge of the Admi- I ■ ralty nor any other perfon may not put any Waiters i or Keepers into the Barques or Lighters atthe charge j of the Owners of them. ! And I do alfocommand, That if the faid Fifh fball i J appear to be rotten, and that it cannot be fpent,that- it be burnt, or thrown inro the Sea 5 and that for this caufe there fliall not be any Caufe or Adlion commen- ced againft the Owners thereof, or perfons vvhich (hall fell it, nor they fliall not be imprifoned, nor informed ^ againft : Aid forafmuch as the Adminifters of the Cuftoms, andothersof divers duties which are recei-- ved for the Fruits and Merchandifes, do ufe when any body doth inform,to have the perfon Imprifoned which I % fheweth himfelf to be party, whereby happeneth to. men of Trade great difcredit, charges, and vexati- \ onsj My Willis, and I do command, that-in the faid i Information there ftiall be only proceeded againft the Merchandifes, and not againft the perfons 5 but they ftiallbe permitted (as Idopermit them) to make, and f they ftiall make their defences in the faid Vexation. And forafmuch alfo, as according to an Article of the faid Peace, which maketh mention of Matters in Re- * ligion, notwithftanding that in fome Suits they flioald: declare whether they be Roman Catholiques or not, 1 excufing themfelvcs to give faith to others which they.' take as parties or as witnefles*, I do alfo command, That concerning this matter , there be not done, nor there fliall not be done, any ' thing with thofe which are born in the. faid Realm,, but. but only thnt the faid Condition be keptand accom- plifliedjand thatnofuch queftions be put unto them g;- ving unto t'heOathswhich they fliall take in Judgement Court, and without, the fame faith and credit which liiould be given in cafe they were S^miards-^ and herein you (hall not receive any trouble ormoleftation, nor there (laali not be any grievance done unto you: And whereas for the juftification of fomecaufes, the Judges and Juftices do pretend that the Merchants of the faid Nation (hould exhibite Books of their con- traftions or dealings ^ 1 do will and command, that the Books of the Merchants of the faid Nation (liall not be taken out of their hands for any caufe whatfoever, but they Hiall keep and (hew them in their houfes', to take out the parcel which (liall be appointed , and others (hall not-be demanded of them, nor there (hall not be any other Papers taken from them, upon pe- nalty that he which flrall do hereagainft, (liall be pu- nilhed according to Law. And forafmuch as the Merchants do difpatch the Merchandifefrom the Cuftom-houfe of the faid City of Sivil of all Duties, and becaufe there are many which do make up a (lieet, which is Subfcribed and "Signed by all the Officers, and remaineth in the hand Of the Alcajde of the Cuftom-houfe; for that by vertus thereof, the Merchandifes are permitted to go ■forth, which are in Fardels, Packs, Trunks and Cafes; and afterwards when they have taken them forth, and put them into their Houfes and Warehoufes, the chief Keeper of the Cuftom-houfe, and the Officers -of the half fer Cent, do vifit the Houfe and Goods, -troubling and molefting them,, demanding of them ( 4^ ) the difpatches 5 it feeming unto them, that they may detain them, becaufe they left the difpatch in the, hands of the faid Alcayde of the Cuftom-houfe 5 I do prohibit and command, that the houfes of the faid Merchants fliall not be vifited, nor the difpatches ihall not nor may not be demanded of them, in regard they have them not in their hands 5 and this is to be underftood , and is underftood of houfes which are within the Walls of the faid City 5 and to the end it may be known to you, which are of the Englifla Nati- on,there is to be delivered unto you Copies of the faid Priviledges and Exemptions which do concern you, and which were granted unto you, as well by the Ar- tides of Peace, as by any other manner. And for exe- cution and accomplilhment of all the Premiifes, I do: command thofc of my Council, and thofe of my Councils, Affemblies and Tribunals of my Court,, and the Prefidents and Judges of my Audiences, Maydes , and Officers of my Houfe and Court and Chanceries, and the Regent and Judge of the Court of Decrees of the City of 5/w7, and chief Alcaldes of the Precinds thereof, and all the Ccr- rigidors , Affiftants, and Governours , chief Juftices, and Ordinaries, as well in the faid Cities of Sivil^ Ca-- diz,^ Malaga, and St. Lucar de Barameda, as of all other Cities, Towns and Places of thefe my Realms and Dominions, and all other Judges and Juftices whatfo- ever, of what quality or condition focver they may be* whom principally or incidentally may concern in any manner the accompliihment or performance of that which is contained in this Patent , that prefently fo foon as they ftiall be by vertue thereof required, or the Copy thereof Signed by a Notary piiblick, that there F be C 4^ ^ be thereunto given as much faith, as unto the Origi- nal and that every one in the place where it fliaii con- cern him do obferve, and accomplifh, and caufe the fame to be obferved, accompliihed, and executed, in and for all things as therein is contained, and they llrall not in all nor in part put upon you any impedi- mentSj nor any other difficulties or doubts, nor do any thing againft the tenor and form thereof, norconfenc or give way that it be interpreted, limited or fufpended in all or in part, or that to the contrary be given any provifions, or other difpatches- but for ob- fervatioH thereof, in the place which fliall concern eve- ryone, they fliall give order, and ordain to deliver unto you thofe which fliall be necefTary: And for more firm- nefs and validity of the favour and grace which by this my Patent L do grant you,and that at all times this favour may be certain and fure unto 3'ou, you are keep or havea Judge Confervatorin Andalufta^ efpe- cially in the faid Cities of Sivil^ Malaga^ Cadiz^ and St. Lucarde Barameda^ unto whom lam to give fufii- Gient'CommifTion for keeping and accomplifliing the faid-Priviledges, Liberties and Exemptions, who ^all conflrain and compell all and whatfoever perfons, -of what fort or quality they maybe that fliall concern the faid Nation, as well thole which lhall be Defendants accufed, as thofe which fliall be Plaintiffs, although the perfons which fliall accufe them, and which fliall be accufed by them, have private Judges, as tvell by con- fent as agreement which theymay have made by pre- heminence or priviledge which they hold, to the end the faid Judge -Confcrvator may onely take know- ledge privately of the faid Courts, and not any other Judge ! ^ 43 ) Judge or Tribunall, although it .be by way of excefs or notorious Juftice, orjn any other matter or form, which Judge ConferVator is now Dodlor Bon Francifco dc Ver- ' Judge of my Court les Grades^ of the City of < SevillyXht time th.at he iliall affift thereiOjand in his ab- fence the Licentiate Bon Francifco de Judge of I the fame Court, wire lor the fuirs which Ihall be com- I ' menced in thefaidCities of(74i^/-c,M(j/rf^^i,5cSt.Z»C4r, is to Subdelegate his Confervatorfhip, in the perfon which by the faid Nation fliall be propounded or na- ' med, that he may effedt the fame to the conclufion, I and they fliall be referred unto him to be determined : * and of that which he ihall determine, theAppealeis ' to be made to my Council, and not to any other ! Court. And forafmuch as my will is, that every one in his ^ tihie fliall have primative Commilfion, and Jurifdidi- on to protedi and defend you concerning all the con- tents of this my Patent, that all the fame may be kept and accompliflied in the form which I do offer the fame i unto you, I have found good to charge, as by thefe prefents I do charge them with the protedf ion and de- j fence hereof; & I do command them to fee or perufe this ! irty Patent, and the qualities, conditions, preheminen- ^ » cies, and amplifications therein contained, and to caufe all the fame to be kept, accompliflied and executed, infuch form and manner, and according as therein is contained and declared, without confenting or giving way, that in all, or in part there be made unto you any doubt or difficulty, and before the faid Bon Francifco d: Vcrgara^ or in his abfence before the faid Francis de Me^dnofzxi For my wall is, that the knowledge and determination of all the contents in this my Patent, is in all things privately to concern, andflrall concern them 5 proceeding in all things againft thofe which fhall be culpable, and executing for the fame thepe- nalties which are mentioned by law, referving as I do referve, the appellations which (hall be put in upon their ads and fentences, to my Council, and not any other Court, without that any of other my Councils, Tribunals, Courts, Chanceries, or any other Judges or Juftices of my Realms or Dominions,ofwhatfoever qua- lity they be, may meddle, or fli'all meddle therewith, orintheufe or exercifeef the Jurifdidfion privative in the faid firft inffance, which by this my Patent I do grant unto them, by way ofexcefs, appellation, or any other recourfe or manner*,the which and every of them, I do inhibit and hold for inhibited the knowledge thereof, and do declarfeahemfor incompetent Judges thereof: for which and Wery thing, and pait thereof, I do give them the moft fufficient power, and moff am- pieCommiffion, which according to Law is required and neceflary, with the incidences and dependencies annexities; and after them the faid Englijlj Nation of the faid City of Sivil , may name in the faid Commif- ' iron oneof the Judges of the faid Audience, which the faid Nation fliall chufe: And I do command the Pre/i- dent, and thofe of my Council of the Chamber, that prefenting before them their nomination ( the' cafe happening) (45) hvippeoing) to make void the faid Commiilton, by promotion or vacation of the faid Bon Franctfco dt Vergnra^ and Bon Francis de Medranopx to difpatch it, in any other manner, by Ordinary to him that fliall be therein nominated,in the form accordingjand as by this my Patent is declared. And that it may be the better accomplifiied, I do from this time give them power and authority, that they may Subdelegate, and they fliall Subdelegate this Commiffion, for the bufinefs and Suits which fliall be offered in the faid Cities of Cadiz^ Malaga, and St. Lucar de Berameda^ m the perfon which by you lhall be propounded unto them, that they may fubflantiatc them for a conclufion, and remit the Suits and Caufes unto them to be determined, in fuch manner as they fhall find good and convenient, for the fecurity of that which is contained in this my Pa- tent. And I do charge the mofl excellent Prince, Bon Balthazar Charles , my mofl: dear and mofl beloved Son, and do command the Infants, Prelates, Dukes, Marqueffes, Earls, Richmen, Commanders, and under- Commanders, Governours of Caftles, ftrong Houfes, and Plains, and thofe of my Council, Prefidents^ and Judges of my Courts, Alcaydes, and Officers of my Houfe, Court and Chanceries, and all the Corigidors, Affiftants, Governors, Alcaldes, Mayors, and Ordina- ries, and whatfoever Judges and Juftices of thefemy. Realms and Dominions, to obferve and accomplifli,, and caufe to be obferved and accomplifhed, this my Pa- tent, and the favour or Grace which thereby I do grant you, and againft the tenor and form thereof, not to do or pafs, now, nor at any time, in any manner perpetual- ^•*y for evermore. Nor to confent or give way to be li- mited (4«) mitedor fufpended onto you, all or part thereof, not- withftandir^g whatfoev^ Laws or Statutes of thefe my Ilealms and Dominions, Ordinances, Stile, Ufe,or tuftomofthe faid Cities of Sivill^ Cadiz, Malaga, or ^t. Lucar, or any other thing which is or may be to the contrary 5 the which for this time, forfomuch as con- (ferneth this matter, holding the fame here for inferred and incorporated, as it were word for word writ- ten, I do difpence, abrogate, derogate, cancel, an- nibilate, and make void and of none efFed, remaining in full forcp and tffedl for all other things henceforward. And for this my Patent ^eronimo deCamncU, Auditor of Accompts, in my Chief Office of Accom'pts, and my Secretary of the Mediaenate fltall take a Copy, at whofe Charge is the accompt and reafon of this right. And I do declare, that for this favour you have paid the diity of the Mediaenate^-which amounteth to thirty and five thoufand one hundred fifty and five Maravediz in Silver; which fumme you are to pay from fifteen to fifteeri years perpetually, and in cafe they do accom- plifh qr end, you may not make ufe of this favour, un- till fueh rime as it lhall firft appear that you have fatis- fied this Duty; And you ai-e alfo to pay the Judge Confervator, which fhall be named, his Salary, or to help to bear his charges, which he lhall enjoy for his labour or pains in the faid bufinefs, before you fhall en- Joy thereof, which is to appear by Certificate of the Office of this Duty. Given in Saragofa^ the nineteenth day of March) Anna 1645. I7he King, I Anthony Carnero, Secretary of the King our Lordy did caufe it to be written, by his Commandment. Regifiredj Michael de Lariaga, Lieutenant of the Lord High Chancellor, Michael de La- riaga. 7he Copy was takeUy Jeronimo de Canenciaj Don John Chumazero y Carillo, DoHor. Don An- f thony deCarapo Redondo y RiO;, Lieenciate. - Joseph cons ales, THis Copy doth agree with that out of which it was taken, which for this effedl was exhibi- ted unto me by William Bland, dwelling in the City of Sivill, who took it away again with hiin ^ the II, oi i 54J, ^ofeph de Pineda^ Notary Publick of the City of5/V/7/ for the King, » FINIS.