Images de page
PDF
ePub

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 negotiations 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 Coun tries may, everywhere in the Lands under the obedience of the said Lord the King, employ such Advocates, Procurators, Notaries, Soli citors 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.

Done at Munster, in Westphalia, 30th January, 1648.

(Annex 2.)—A PARTICULAR ARTICLE concerning Navigation 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 merchandises coming from the States of the said King of Spain that may be employed against him 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.

(Annex 3.)-CEDULAS referred to in the IXth Article of the preceding Treaty between Great Britain and Spain of the 23rd May, 1667.

(1.)-Cedula de Privilegios con

cedidos por Su Magestad a los Ingleses que residen en Sevilla, Sanlucar, Cadiz, y Malaga.— Zaragoza, a 19 de Março de 1645.

DON PHELIPE, por la gratia de Dios, Rey de Castilla, de Leon, de Aragon, de las Dos Sicilias, de Jerusalem, de Portugal, de Navarre, de Granada, de Toledo, de Valencia, de Galicia, de Mallorca, de Sevilla, de Cerdeña, de Cordova, de Corcega, de Murcia, de Jaen, de los Algarves, de Algecira, de Gibraltar, de las Islas de Canaria, de las Indias Orientales y Occidentales, Islas y Ti

(Translation.) (1.)-Cedula of Privileges grant

ed by His Majesty to the English, which reside in Sevilla, San Lucar, Cadiz, and Malaga. -Zaragoza, 19th March, 1645.

DON PHILIP, by the grace of God, King of Castille, of Leon, of Arragon, of the Two Sicilies, of Jerusalem, of Portugal, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Mallorca, of Sevilla, of Sardinia, of Cordua, of Corcega, of Murcia, of Jaen, of the Algarves, of Algecira, of Gibraltar, of the Islands of the Canaries, of the East and West Indies, Islands, and Terra Firma of the

erra Firme del Mar Oceano, Archiduque de Austria, Duque de Borgoña, de Bravante, y Milan, Conde de Apsburg, de Flandes, Señor de Vizcaya, y de Maniol, &c.

Por quanto por parte de vos Ricardo Antonio, Consul de la Nacion Inglesa, por vos, y en nombre de los Vassallos del Rey de la Gran Bretaña, me ha sido hecha relacion, que mediante las Pazes que en este, y aquel Reyno están assentadas, residen, y comercian en el Andaluzia, principalmente en las Ciudades de Sevilla, Sanlucar, Cadiz, y MaJaga, supplicandome sea servido de confirmaros los privilegios, excempciones, y facultades que os competen, assi por los Capitulos de dichas Pazes, como por las confirmaciones de ellas, y otras mercedes e indultos que el Rey my Señor, mi Padre, que aya gloria, os dió, y otras qualesquiera que se os ayan dado por mis Coronas de los mis Reynos de Castilla y de Portugal, mandando que se les guarden y cumplan en todo, y por todo, sin ninguna limitacion, y á mayor abundamiabundamiento concederos los de nuevo, con las calidades, ampliaciones, condiciones, y declaraciones que mas os convengan, poniendo penas á quien los contradixere, y no los guardare: y para que se sepa los que son, se les dé Copias de ellos, ó como la mi merced fuesse. Y teniendo consideracion a lo referido; y porque para las ocasiones que tengo de Guerras aveis ofrecido servirme con los 2500 ducados de plata, pagados los 1000 de

Ocean, Archduke of Austria, Duke of Bourgoña, of Brabant, and of Milan, Count of Apsburg, of Flanders, Lord of Biscay, and of Molina, &c.

For as much as on the part of you Richard Anthony, Consul of the English Nation, by you, and in the name of the Vassals of the King of Great Britain, information hath been given to me, that by means of the Peace, which between this and that Kingdom is settled, those which do reside and commerce in Andaluzia, principally in the City of Sevilla, San Lucar, Cadiz, and Malaga, humbly entreat me that I would be pleased to confirm to you the privileges, exemptions and liberties which appertain to you, as well by the Articles of the said Peace, as by the confirmations of them, and other favours and indultos, which the King my Lord and Father (now in glory) granted you, and all others whatsoever, that have been granted by my Crowns of these my Kingdoms of Castille and of Portugal, commanding that they be observed and accomplished in all, and through all, without any limitation, and that they may be of more force, to grant them anew, with the qualities, amplifications, conditions and declarations, which may be most convenient for you, imposing punishments upon whom shall contradict them, and not observe them; and that it may be known what they are, that there be given Copies of them, of what favour I have granted

contado, y los 1500 restantes para el mes de Abril deste año, de que el licenciado Francisco Moreno, con intervencion de Don Autonio de Campo Redondo y Rio, Cavallero del Orden de Santiago, del mi Consejo, y Camara, y del de Hazienda, en vuestro nombre, y en virtud de Poder vuestro otorgó escritura de obligacion en forma, ante Juan Cortès de la Cruz, mi Escrivano, lo he tenido por bien, y por la Presente de mi proprio motu, y cierta ciencia, y Poderio Real absoluto, de que en esta parte quiero usar, y uso, como Rey, y Señor natural, no reconociente superior en lo temporal, confirmolo, y apruebo los privilegios de excempciones, y facultades que os competen, assi por los Capitulos de las dichas Pazes, como por las confirmaciones dellas, y las demás mercedes, indultos, que el Rey mi Señor, mi Padre, os dió, y otras qualesquiera que se ayan dado por mis Coronas de Castilla y Portugal, a los dichos Vassallos en todo, y por todo, como en ello, y en cada cosa, y en parte dello se especifica, contiene, y declara, para que sean firmes estables, y valederos, y se os observen, guarden, y cumplan, porque mi intencion y voluntad deliberada es, que todos los de la dicha Nacion gozeis, y gozen de ellos, sin ninguna limitacion. Con calidad, que en el tiempo que residieren en la Andaluzia los dichos Ingleses, á vos, ni á ellos no se os pueda encargar ningun oficio, ni carga publica, ni Concegil, Tutelas, Curadurias, Receptorias,

them, having a due regard to the aforesaid, and because that for the occasions which I have of Wars, you have offered to assist me with 2500 ducats of silver, paying 1000 down, and the other 1500 remaining, in the month of April, of this present year, for which Don Francisco Moreno, with the intervention of Don Antonio de Campo-Redondo y Rio, Knight of the Order of St. James, of my Privy Council, and of my Exchequer, in your name and by virtue of your Power, passed a writing or obligation in form, before John Cortez de la Cruz my Notary, I have thought fit, and by these Presents, of my Own proper motive, certain knowledge, and Royal and absolute Power, which in this part I will use, and do use as King and natural Lord, not acknowledging any superior in temporals, I confirm and approve the said privileges of exemptions, and liberties, which appertain to you, as well by the Articles of the said Peace, as by the confirmations of them, and the rest of the favours, indultos, which the King my Lord and Father granted you, and any others whatsoever, which have been granted by my Crowns of Castille and Portugal, to the said Vassals in all, and through all, as therein, and in every thing, and in part thereof is specified, contained and declared, that they may be firm, stable, and valid to you, and be observed to you, kept and fulfilled, because that my intention and deliberate will is, that all those of the said Nation may enjoy, and do enjoy

« PrécédentContinuer »