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proper, and that everywhere, sometimes under the obedience of the one, and sometimes of the other, according as shall be agreed by mutual consent; which Judges appointed on both sides shall (conformably to the commission and instruction that shall be given them, and upon which they shall make oath according to a certain form to be settled on both sides for that effect) have regard to the negotia- . tions of the Inhabitants of the said Provinces of the Low Countries, and to the burdens and duties which of both sides shall be laid upon merchandises; and if the said Judges perceive that any excesses are committed on either side, or of both sides, they shall regulate and moderate the said excesses.
Moreover, the said Judges shall examine into disputes touching a failure in the execution of the Treaty, and the contraventions thereof, which from time to time may happen in the Countries on this side, as also in the distant Kingdoms, Countries, Provinces, and Islands of Europe, and shall suinmarily and fully determine therein, and decide as they see agreeable and conformable to the Treaty: the Sentences and Determinations of which Judges shall be executed by the ordinary Judges of the place where contravention shall have been committed upon the persons of the Contraveners, according as occasion and circumstances shall require; nor inust the said ordinary Judges neglect to do the said execution, or suffer it to be neglected, but repair the contraventions within the space of 6 months after they the said ordinary Judges shall have been hereto required. XXII. And if any Sentences or Judgments should pass upon
the person of any of either Party, whether in a civil or criminal matter, they must not be put in execution against the persons of the condemned, nor against their goods. Nor shall any Letters of mark or reprisal be granted, but upon cognizances of the cause, and in cases allowed by the Imperial Laws and Constitutions according to the order by them established.
XXIII. It shall not be lawful to come ashore, enter, or stop at the Ports, Harbours, Shallows, or Roads of one another, with Men-ofWar and Soldiers, in such number as may cause suspicion, without the leave and permission of him to whom the said Ports and Harbours, Shallows, and Roads belong, unless they are forced in by storm, or obliged thereto through necessity, or to avoid the dangers
of the sea.
XXX. The Subjects and Inhabitants of the United Low Countries may, everywhere in the Lands under the obedience of the said Lord the King, employ such Advocates, Procurators, Notaries, Solicitors and Agents as they shall think proper, whereto they shall be appointed by the ordinary Judges when it shall be needful, and the said Judges shall be required. And, on the other hand, the Inhabitants and Subjects of the said Lord the King coming into
the Countries of the said Lords the States shall have the same assistance,
LXII. The Subjects and Inhabitants of the Countries of the said Lord the King and the States, of whatever quality or condition they be, are declared capable of succeeding to one another, as well without as with a Will, according to the customs of the places; and if any successions of legacies have formerly fallen to any of them, they shall be maintained and preserved in their right thereto.
LXXV. And to the end that the present Treaty may be the better observed, the said Lord the King and the States respectively promise to use their endeavours, and employ their power, each in his place, to render the passages free, and the Seas and Rivers navigable and secure from all incursions of Pirates, Corsairs, and Robbers; and, if they can catch them, to chastise them with rigour.
Doue at Munster, in Westphalia, 30th January, 1648.
(Anner 2.)-A PARTICULAR ARTICLE concerning Naviga
lion and Commerce.-Concluded at Munster, the 4th day of February, 1648.
The Subjects and Inhabitants of the United Provinces may sail and trade with all freedom and safety in all the Kingdoms, States, and Countries which are or shall be in amity or neutrality with the States of the United Provinces; and they may not be disquieted or molested in their navigation and traffic aforesaid upon the account of hostilities which happen, or may happen afterwards, between the said Lord the King of Spain and the aforesaid Kingdoms, Countries, States, or any of them that may be in amity or neutrality with the said Lords the States as above; yet without permission to carry to the declared Enemies of the said Lord the King, prohibited or contraband goods or merchandises. And in order to prevent this, and that the course of commerce may not be interrupted, they shall be obliged, when they enter into any Harbours of the said Lord the King with a design to go from thence to the Harbours of the Enemy, to show their Passports, containing the particulars of their loading, attested and marked with the ordinary mark, and approved by the Officers of the Admiralty of that quarter from whence they part; but they must not over and above be visited or searched, and far less detained under any pretext whatsoever; as also when they are in the open sea, or come into any roads, without designing to enter into Harbours, or break their bulk, they shall not be obliged to give any account of their lading. But it must be observed, that the Lords the States shall expressly forbid all their Subjects to carry any prohibited or contraband merchandises to the Enemies of the said King; and they shall give Countermarks, in order the better to know the validity of the said Passports of the Admiralty, that so they may not be falsified; provided always that the navigation and commerce of the
Subjects of the United Provinces with France may reciprocally continue as formerly on condition they do not carry into France mer. chandises coming from the States of the said King of Spain that may be employed against hiin and his States. And in case there be found in the said Ships such goods, merchandises, or commodities as are declared prohibited and contraband shall be challenged and confiscated; but the ship and the other goods, merchandises, and commodities in the said Ship, may not for that reason be molested or confiscated in any wise. And reciprocally the Subjects of the said Lord the King shall have the same liberty of navigation and traffic, in case there should be any hostility between the said Lords the States and the Kingdoms, States, or Countries, or any of them, which are or shall be in amity or neutrality with the said Lord the King of Spain, and that conformably to the aforesaid conditions and restrictions specified in this Article.
This Article shall be observed, executed, and held as inserted in the Treaty of Peace, ratified by the Lord the King of Spain, and the Lords the States General of the United Provinces of the Low Countries, as the said principal Treaty, within 2 months after the exchange of the Ratifications of the said principal Treaty, concluded and signed the 30th of January, of this present year 1648, or as soon as possible after the said exchange; and the Ratifications shall be exchanged and delivered on both sides in due and valid form.
Done at Munster, the 4th of February, 1648.
(Anner 3.)-CEDULAS referred to in the IXth Article of the preceding Treaty between Great Britain and Spain of the 23rd May, 1667.
(Translation.) (1.)-Cedula de Privilegios con- (1.)–Cedula of Privileges grant
cedidos por Su Magestad a los ed by His Majesty to the EngIngleses que residen en Sevilla, lish, which reside in Sevilla, Sanlucar, Cadiz, y Malaga.- San Lucar, Cadiz, and Malaga. Zaragoza, a 19 de Março de -Zaragoza, 19th March, 1645. 1645.
Don Phelipe, por la gratia de Don Philip, by the grace of Dios, Rey de Castilla, de Leon, God, King of Castille, of Leon, of de Aragon, de las Dos Sicilias, Arragon, of the Two Sicilies, of Jede Jerusalem, de Portugal, de rusalem, of Portugal, of Navarre, Navarre, de Granada, de Toledo, of Granada, of Toledo, of Valencia, de Valencia, de Galicia, de Mal- of Galicia, of Mallorca, of Sevilla, lorca, de Sevilla, de Cerdeña, de of Sardinia, of Cordua, of CorCordova, de Corcega, de Murcia, cega, of Murcia, of Jaen, of the de Jaen, de los Algarves, de Al- Algarves, of Algecira, of Gibralgecira, de Gibraltar, de las Islas tar, of the Islands of the Canaries, de Canaria, de las Indias Orien- of the East and West Indies, tales y Occidentales, Islas y Ti. Islands, and Terra Firma of the erra Firme del Mar Oceano, Ar- Ocean, Archduke of Austria, chiduque de Austria, Duque de Duke of Bourgoña, of Brabant, Borgoña, de Bravante, y Milan, and of Milan, Count of Apsburg, Conde de Apsburg, de Flandes, of Flanders, Lord of Biscay, and Señor de Vizcaya, y de Maniol, of Molina, &c. &c.
Por quanto por parte de vos For as much as on the part of Ricardo Antonio, Consul de la you Richard Anthony, Consul of Nacion Inglesa, por vos, y en
the English Nation, by you, and nombre de los Vassallos del Rey in the name of the Vassals of the de la Gran Bretaña, me ha sido King of Great Britain, informahecha relacion, que mediante las tion hath been given to me,
that Pazes que en este, y aquel Reyno by means of the Peace, which están assentadas, residen, y co- between this and that Kingdom is mercian en el Andaluzia, princi. settled, those which do reside and palmente en las Ciudades de commerce in Andaluzia, princiSevilla, Sanlucar, Cadiz, y Ma- pally in the City of Sevilla, San Jaga, supplicandome sea servido Lucar, Cadiz, and Malaga, humde confirmaros los privilegios, bly entreat me that I would be excempciones, y facultades que os pleased to confirm to you the competen, assi por los Capitulos privileges, exemptions and liberde dichas Pazes, como por las
ties which appertain to you, as confirmaciones de ellas, y otras well by the Articles of the said mercedes e indultos que el Rey Peace, as by the confirmations of my Señor, mi Padre, que aya them, and other favours and indul. gloria, os dió, y otras qualesqui. tos, which the King my Lord and era que se os ayan dado por mis Father (now in glory) granted Coronas de los mis Reynos de you, and all others whatsoever, Castilla y de Portugal, mandando that have been granted by my que se les guarden y cumplan en Crowns of these my Kingdoms of todo, y por todo, sin ninguna Castille and of Portugal, comlimitacion, y á mayor abundami- manding that they be observed and ento concederos los de nuevo, con accomplished in all, and through las calidades, ampliaciones, con- all, without any limitation, and diciones, y declaraciones que mas that they may be of more force, os convengan, poniendo penas á to grant them anew, with the quien los contradixere, y no los qualities, amplifications, condiguardare: y para que se sepa los tions and declarations, which may que son, se les dé Copias de ellos, be most convenient for you, imó como la mi merced fuesse. Y posing punishments upon whom teniendo consideracion a lo refe- shall contradict them, and not rido; y porque para las ocasiones observe them; and that it may que tengo de Guerras aveis ofre- be known what they are, that cido servirme con los 2500 duca. there be given Copies of them, dos de plata, pagados los 1000 de of what favour I have granted
contado, y los 1500 restantes para them, having a due regard to the el mes de Abril deste año, de
que aforesaid, and because that for the el licenciado Francisco Moreno, occasions which I have of Wars, con intervencion de Don Antonio you have offered to assist me with de Campo Redondo y Rio, Ca- 2500 ducats of silver, paying vallero del Orden de Santiago, 1000 down, and the other 1500 del mi Consejo, y Camara, y del remaining, in the month of April, de Hazienda, en vuestro nombre, of this present year, for which y en virtud de Poder vuestro Don Francisco Moreno, with the otorgó escritura de obligacion en intervention of Don Antonio de forma, ante Juan Cortès de la Campo-Redondo y Rio, Knight Cruz, mi Escrivano, lo he tenido of the Order of St. James, of my por bien, y por la Presente de mi
Privy Council, and of my Excheproprio motu, y cierta ciencia, y quer,
your name and by virtue Poderio Real absoluto, de que en of your Power, passed a writing esta parte quiero usar, y uso, or obligation in form, before John como Rey, y Señor natural, no Cortez de la Cruz my Notary, I reconociente superior en lo tem- have thought fit, and by these poral, confirmolo, y apruebo los Presents, of my proper privilegios de excempciones, y motive, certain kuowledge, and facultades que os competen, assi Royal and absolute Power, which por los Capitulos de las dichas in this part I will use, and do use Pazes, como por las confirma- as King and natural Lord, not ciones dellas, y las demás mer- acknowledging any superior in cedes, indultos, que el Rey mi temporals, I confirm and approve Señor, mi Padre, os dió, y otras the said privileges of exemptions, qualesquiera que se ayan dado and liberties, which appertain to por mis Coronas de Castilla y you, as well by the Articles of the Portugal, a los dichos Vassallos said Peace, as by the confirmaen todo, y por todo, como en ello, tions of them, and the rest of the y en cada cosa, y en parte dello favours, indultos, which the King se especifica, contiene, y declara, my Lord and Father granted you, para que sean firmes estables, y and any others whatsoever, which yalederos, y
observen, have been granted by my Crowns guarden, y cumplan, porque mi of Castille and Portugal, to the intencion y voluntad deliberada said Vassals in all, and through es, que todos los de la dicha all, as therein, and in every thing, Nacion gozeis, y gozen de ellos, and in part thereof is specified, sin ninguna limitacion. Con cali- contained and declared, that they dad, que en el tiempo que residie- may be firm, stable, and valid to ren en la Andaluzia los dichos you, and be observed to you, Ingleses, á vos, ni á ellos no se os kept and fulfilled, because that pueda encargar ningun oficio, ni my intention and deliberate will carga publica, ni Concegil, Tu- is, that all those of the said Natelas, Curadurias, Receptorias, tion may enjoy, and do enjoy