ARTES
1837
SCIENTIA
VERITAS
LIBRARY
OF THE
UNIVERSITY OF MICHIGAN
„PLURIBUS UNUM
لذلك ولالا
SQUAERIS PENINSULAM AMOENAME
CIRCUMSPICE
THE
}
A
9-23
Gt. Birit. Tranters, ite.
COLLECTION
OF ALL THE
TREATIES
O F
Mat
ترمه
Peace, Alliance, and Commerce,
BETWEEN
GREAT-BRITAIN
AND
OTHER POWER S,
From the Treaty figned at MUNSTER in 1648, to the
Treaties figned at PARIS in 1783.
A
To which is prefixed,
DISCOURSE
Ο Ν Τ Η Ε
Conduct of the Government of GREAT-BRITAIN in
reſpect to Neutral Nations,
By the Right Hon. CHARLES JENKINSON.
In THREE VOLUME S.
VOL. II.
From 1713, to 1748.
LONDON:
PRINTED FOR J. DEBRETT, OPPOST
HOUSE, PICCADILLY.
MD,CC, LXXXV₁
BURLINGTON
CONTENTS.
OF THE
SECOND VOLUME.
A.D.
1713
1713
7713
Page
T
REATY of Peace between England and France.
Treaty of Peace between England and Spain.
Treaty of Navigation and Commerce between
Great Britain and Spain.
1715 Convention relating to the Duties laid on British Woollen
Cloths exported to the Auftrian Netherlands.
1715 Treaty between the Emperor, Spain, Great Britain, and
the United Provinces, for the entire Reſtitution of the
Spaniſh Netherlands to his Imperial Majefty.
1715 Treaty of Commerce between Great Britain and Spain
1716 Treaty of mutual Defence, between the Emperor and
Great Britain.
5
65
88
144
148
173
175
1716 Convention for explaining the articles of the Contract
for Negroes, between the King of England and his moſt
Catholic Majefty.
1717 Treaty of Alliance between England, France, and the
United Provinces, for the Guarantee of the Treaties of
Utrecht, &c.
pro-
179
185
1718 Convention between Great Britain and France, for
pofing ultimate Conditions of Peace between the Em-
peror and Spain, and between the Emperor and Sicily. 195
1718 Treaty of Alliance for ſettling the Public Peace, com-
monly called the Quadruple Alliance.
199
1718 Convention betwen the Emperor, Great Britain, Spain,
and the United Provinces, for the Execution of certain
Articles of the Barrier Treaty.
288
1719 Treaty of Peace between the King of Great Britain and
Sweden, for yielding the Duchies of Bremen and Ver-
den.
243
1720 Treaty of Alliance between Great Britain and Sweden.
1721 Treaty between Great Britain and Spain.
251
264
I
1721 Treaty of Defenfive Alliance between France, Spain,
and Great Britain.
268
1751 Treaty
(iv)
1
A.D.
1725 Treaty of Defenfive Alliance between Great Britain,
France and Pruffia.
1726 Acceffion of the United Provinces to the faid Treaty.
Page
274
281
1726 Acceffion of Sweeden.
290
1727 Treaty of Alliance between Great Britain, France, and
Denmark.
295
1728 Treaty of Commerce between Great Britain,
and
Morocco.
302
1728 Convention between Great Britain, and Spain.
304
1729 Treaty of Sevilla.
306
1730 Treaty between Great Britain, and the Cherokees.
1731 Treaty between Great Britain, the Emperor, and Hol-
land.
315
318
Great Britain, the Emperor, and Spain.
333
1739 Convention between Great Britain and Spain,
1743 Treaty of Peace at Worms.
1748 Treaty of Peace at Aix la Chapelle,
339
355
370
!
( 5 )
A
COLLECTION
O F
TREATIES.
Treaty of Peace and Friendſhip between the moſt ferene and
moſt potent Princeſs Anne, by the grace of God, Queen of
Great Britain, France, and Ireland, and the most ferene
and the most potent Prince Lewis XIV. the moft Chriftian
King, concluded at Utrecht the day of March
Reprinted from the copy published by the Queen's Special
command.
TH
TI
April
1713-
I. THAT there be an univerfal perpetual peace,
and a true and ſincere friendſhip, between the
moft ferene and moft potent Princess Anne, Queen of
Great Britain, and the moft ferene and moft potent Prince
Lewis XIV. the moſt Chriſtian King, and their heirs and
fucceffors, as alfo the kingdoms, ſtates, and fubjects of
both, as well without as within Europe; and that the
fame be fo fincerely and inviolably preferved and culti-
vated, that the one do promote the intereft, honour and
advantage of the other, and that a faithful neighbour-
hood on all fides, and a fecure cultivation of peace and
friendſhip, do daily flourish again and encreaſe.
II. That all enmities, hoftilities, difcords, and wars,
between the faid Queen of Great Britain, and the faid
moſt Chriſtian King, and their fubjects, do ceafe and
be abolished, fo that on both fides they do wholly re-
frain and defift from all plundering, depredation, harm-
doing, injuries, and annoyance whatfoever, as well by
land, as by fea and freſh water, in all parts of the world,
and chiefly through all tracts, dominions, and places,
of what kind foever, of the kingdoms, countries, and
territories of either fide.
VOL. II,
B
III, All
(6)
III. All offences, injuries, harms, and damages,
which the aforefaid Queen of Great Britain, and her
fubjects, or the aforefaid moft Chriftian King, and his
fubjects, have ſuffered, the one from the other, during
this war, fhall be buried in oblivion, fo that neither on
account, or under pretence thereof, or of any other
thing, fhall either hereafter, or the fubjects of either,
do, or give, caufe, or fuffer to be done or given to the
other, any hoftility, enmity, moleftation or hindrance,
by themſelves or by others, fecretly or openly, directly
or indirectly, under colour of right, or by way of fact.
IV. Furthermore, for adding a greater ftrength to the
peace which is reftored, and to the faithful friendſhip
which is never to be violated, and for cutting off all
occafions of diftruft, which might at any time ariſe
from the eſtabliſhed right and order of the hereditary
fucceffion to the crown of Great Britain, and the limi-
tation thereof by the laws of Great Britain, (made and
enacted in the reigns of the late King William III. of
glorious memory, and of the prefent Queen) to the
iffue of the abovefaid Queen, and in default thereof,
to the moſt ferene Princefs Sophia, dowager of Brunf-
wick-Hanover, and her heirs, in the Proteftant line of
Hanover. That therefore the faid fucceffion may re-
main ſafe and ſecure, the moſt Chriſtian King fincerely
and folemnly acknowledges the abovefaid limitation
of the fucceffion to the kingdom of Great Britain, and
on the faith and word of a king, on the pledge of his
own and his fucceffors honour, he does declare and
engage, that he accepts and approves the fame, and
that his heirs and fucceffors do and fhall accept and
And under the fame obli-
approve the fame for ever.
gation of the word and honour of a king, the moſt
Chriſtian King promiſes, that no one befides the Queen
herſelf, and her fucceffors, according to the ſeries of
the faid limitation, fhall ever by him, or by his heirs
or fucceffors, be acknowledged, or reputed to be King
or Queen of Great Britain. And for adding more
ample credit to the faid acknowledgment and promifes
the moſt Chriſtian King does engage, that whereas the
perſon who, in the life-time of the late King James II.
did
( 7 )
did take upon him the title of Prince of Wales,
and fince his deceaſe, that of King of Great Britain, is
lately gone, of his own accord, out of the Kingdom
of France, to refide in ſome other place, he the afore-
ſaid moſt Chriſtian King, his heirs and fucceffors, will
take all poffible care, that he fhall not at any time
hereafter, or under any pretence whatfoever, return
into the kingodm of France, or any the dominions
thereof.
Moreover, the moft Chriftian King promiſes, as well
in his own name, as in that of his heirs and fucceffors,
that they will at no time whatever difturb, or give any
moleftation to the Queen of Great Britain, her heirs
and fucceffors, defcended from the aforefaid Proteftant
line, who poffefs the crown of Great Britain, and the
dominions belonging thereunto. Neither will the
aforeſaid moſt Chriſtian King, or any one of his heirs,
give at any time any aid, fuccour, faveur, or council,
directly or indirectly, by land or by fea, in money, arms,
ammunition, warlike provifion, fhips, foldiers, feamen,
or any other way, to any perfon or perfons, whofoever
they be, who for any caufe, or under any pretext what-
foever, fhould hereafter endeavour to oppoſe the ſaid
fucceffion, either by open war, or by fomenting fedi-
tions, and forming confpiracies against fuch Prince or
Princes who are in poffeffion of the throne of Great
Britain, by virtue of the act of parliament aforemen-
tioned, or againſt the Prince or Princeſs, to whom the
fucceffion of the crown of Great Britain fhall be open,
according to the faid acts of parliament.
VI. Whereas the most deftructive flame of war, which
is to be extinguifhed by this peace, arofe chiefly from
thence, that the fecurity and liberties of Europe could
by no means bear the union of the kingdoms of France
and Spain under one and the fame king; and whereas
it has at lenghth been brought to pafs, by the affiftance
of the divine power, upon the moſt earnest inftances
of her facred royal Majeſty of Great Britain, and with
the confent both of the molt Chriſtian, and of the Ca-
tholic King, that this evil fhould in all times to come
be obviated, by means of renunciations drawn in the
moft
B 2
( 8 )
moſt effectual form, and executed in the moſt folemn
manner, the tenor whereof is as follows:
Letters Patents by the King, which admit the renunciation
of the King of Spain to the crown of France, and thofe
of M. the Duke of Berry, and of M. the Duke of Orleans,
to the crown of Spain.
L
EWIS, by the grace of God, King of France and
Navarre, to all people prefent, and to come,
greeting. During the various revolutions of a war,
wherein we have fought only to maintain the juſtice of
the rights of the King, our moft dear and most beloved
grandfon, to the monarchy of Spain, we have never
ceaſed to deſire peace. The greateſt fucceffes did not
at all dazzle us, and the contrary events, which the
hand of God made uſe of to try us, rather than to de-
ſtroy us, did not give birth to that defire in us, but
found it there. But the time marked out by divine
Providence for the repofe of Europe was not yet come;
the diſtant fear of feeing one day our crown, and that
of Spain, upon the head of one and the fame prince,
did always make an equal impreffion on the powers,
which were united againſt us; and this fear, which had
been the principal caufe of the war, feemed alfo to lay
an infuperable obftacle in the way to peace. At laſt,
after many fruitlefs negociations, God being moved
with the fufferings and groans of fo many people, was
pleaſed to open a furer way to come. at ſo dif
ficult a peace. But the fame alarms ftill fubfifting,
the first and principal condition, which was propofect
to us by our most dear and moft beloved fifter the Queen
of Great Britain, as the effential and neceſſary foun-
dation of treating, was, that the King of Spain, our faid
brother and grandfon, keeping the monarchy of Spain
and of the Indies, fhould renounce for himſelf, and his
deſcendants for ever, the rights which his birth might
at any time give him and them to our crown; that on
the other hand, our moft dear and moft beloved grand-
fon the Duke of Berry, and our moft dear and moſt
beloved nephew the Duke of Orleans, fhould likewife
renounce for themſelves, and for their defcendants male
and female for ever, their rights to the monarchy of
Spain
( 9 )
Spain and the Indies. Our faid fifter caufed it to be
reprefented unto us, that without a formal and pofitive
affurance upon this point, which alone could be the
bond of peace, Europe would never be at reſt; all the
powers which ſhare the fame, being equally perfuaded,
that it was for their general intereft, and for their com-
mon fecurity, to continue a war, whereof no one could
foreſee the end, rather than be expoſed to behold the
fame Prince become one day mafter of two monarchies,
fo powerful as thofe of France and Spain. But as this
princefs, (whofe indefatigable zeal for re-eſtabliſhing the
general tranquility, we cannot fufficiently praife) was fen-
fible of all the reluctancy we had to confent, that one of
our children ſo worthy to inherit the fucceffion of our
forefathers, fhould neceffarily be excluded from it, if the
misfortunes wherewith it has pleafed God to afflict us in
our family, fhould moreover take from us, in the perfon
of the Dauphin, our moſt dear and moſt beloved great
grandfon, the only remainder of thofe princes which our
kingdom has fo juftly lamented with us; fhe entered into
our pain, and after having jointly fought out gentler
means of fecuring the peace, we agreed with our faid
fifter to propofe to the king of Spain other dominions,
inferior indeed to thoſe which he poffeffes, yet the value
thereof would ſo much the more increaſe under his reign,
in as much as in that cafe he would preferve his rights,
and annex to our crown a part of the ſaid dominions, if
he came one time or other to fucceed us. We employed
therefore the ſtrongeſt reafons to perfuade him to accept
this alternative. We gave him to underſtand, that the
duty of his birth was the first which he ought to confult;
that he owed himſelf to his houſe, and to his country, be-
fore he was obliged to Spain; that if he were wanting to
his firſt engagements, he would perhaps one day in vain
regret his having abandoned thofe rights, which he
would be no more able to maintain. We added to theſe
reafons, the perfonal motives of friendſhip, and of tender
love which we thought likely to move him; the pleaſure
we ſhould have in feeing him from time to time near us,
and in paffing fome part of our days with him, which
we might promiſe ourſelves from the neighbourhood
B 3
of
( 10 )
of the dominions that were offered him, the fatisfaction
of inftructing him ourſelves concerning the ftate of our
affairs, and of relying upon him for the future; fo that,
if God ſhould preferve to us the Dauphin, we could give
our kingdom, in the perfon of the King our brother, and
grandfon, a regent inftructed in the art of government;
and that if this child, fo precious to us and to our ſub-
jects, were also taken from us, we ſhould at leaft have the
confolation of leaving to our people a virtuous King, fit
to govern them, and who would likewife annex to our
crown very confiderable dominions. Our inftances reite-
rated with all the force, and with all the tender affection
neceſſary to perfuade a ſon, who ſo juſtly deſerves thoſe
efforts, which we made for preſerving him to France,
produced nothing but reiterated refufals on his part, ever
to abandon ſuch brave and faithful fubjects, whofe zeal
for him had been diftinguiſhed in thofe conjunctures,
when his throne ſeemed to be the moſt ſhaken. So that
perfifting with an invincible firmness in his firft refolu-
tion, afferting likewife, that it was more glorious, and
more advantageous for our houſe, and for our kingdom,
than that which we preffed him to take, he declared in
the meeting of the ftates of the kingdom of Spain, affem-
bled at Madrid for that purpoſe, that for obtaining a
general peace, and fecuring the tranquillity of Europe
by a balance of power, he of his own proper motion, of
his own free will, and without any conſtraint, renounced
for himſelf, his heirs and fucceffors, for ever and ever,
all pretenfions, rights and titles, which he, or any of his
defcendants, have at prefent, or may have at any time to
come whatſoever, to the fucceffion of our crown; that he
held for ever excluded therefrom himſelf, his children,
heirs, and defcendants, for ever; that he confented for
himſelf and for them, that now, as well as then, his right
and that of his defcendants, fhould pafs over and be
transferred to him among the Princes, whom the law of
fucceffion, and the order of birth calls, or fhall call to
inherit our crown in default of our faid brother and
grandfon the King of Spain, and of his defcendants, as it
is more amply ſpecified in the act of renunciation, ap-
proved by the ftates of his kingdom; and confequently
he
( 11 )
he declared, that he defifted particularly from the right
which hath been added to that of his birth, by our let-
ters patents of the month of December, 1700, whereby
we declared, that it was our will, that the King of Spain
and his defcendants fhould always preferve the rights of
their birth and original, in the fame manner as if they
refided actually in our kingdom; and from the regiſtry
which was made of our faid letters patents, both in our
court of Parliament, and in our chamber of Accounts at
Paris. We are fenfible, as King, and as father, how
much it were to be defired, that the general peace could
have been concluded without a renunciation, which
makes fo great a change in our royal houfe, and in the
ancient order of fucceeding to our crown; but we are
yet more fenfible, how much it is our duty to ſecure.
speedily to our fubjects a peace which is fo neceffary for
them. We fhall never forget the efforts which they
made for us during the long continuance of a war, which
we could not have fupported, if their zeal had not been
much more extenfive than their power. The welfare of
a people ſo faithful, is to us a fupreme law, which ought
to be preferred to any other confideration. It is to this
law that we this day facrifice the right of a grandſon who
is fo dear to us; and by the price which the general peace
will coft our tender love, we ſhall at least have the comfort
of fhewing our fubjects, that even at the expence of our
blood, they will always keep the first place in our heart.
For theſe cauſes, and other important confiderations
us thereunto moving, after having feen in our council
the ſaid act of renunciation of the King of Spain, our
faid brother and grandfon, of the fifth of November laſt,
as alfo the acts of renunciation, which our faid grandfon
the Duke of Berry, and our faid nephew the Duke of Or-
leans, made reciprocally of their rights to the crown of
Spain, as well for themſelves as for their defcendants, male
and female, in confequence of the renunciation of our faid
brother and grandfon the King of Spain, the whole here-
unto annexed, with a copy collated of the faid letters pa-
tents of the month of December, 1700, under the counter-
feal of our chancery, of our fpecial grace, full power, and
royal authority, we have declared, decreed, and ordained,
B 4
and
(12)
and by theſe prefents figned with our hand, we do declare,
decree, and ordain, we will, and it is our pleaſure, that the
faid act of renunciation of our faid brother and grandfon
the King of Spain, and thofe of our faid grandfon the Duke
of Berry, and o? our ſaid nephew the Duke of Orleans,
which we have admitted, and do admit, be regiſtered in all
our courts of Parliament, and chambers of our Accounts
in our kingdom, and other places where it ſhall be necef-
fary, in order to their being executed according to their
form and tenor. And confequently we will and intend,
that our faid letters patents of the month of December,
1700, be and remain null, and as if they had never
been made, that they be brought back to us, and that in
the margin of the regiſters of our faid court of Parlia¬
ment, and of our faid chamber of Accounts, where the en-
rolment of the faid letters patents is, the extract of theſe
preſents be placed and inferted, the better to fignify our
intention, as to the revocation and nullity of the faid
letters. We will, that in conformity to the faid act of re-
nunciation of our faid brother and grandfon the King of
Spain, he be from henceforth looked upon and confi-
dered as excluded from our fucceffion, that his heirs, fuc-
ceffors, and defcendants, be likewife excluded for ever, and
looked upon as incapable of enjoying the fame. We un-
derſtand, that in failure of them, all rights to our faid
crown, and fucceffion to our dominions, which might at
any time whatſoever belong and appertain to them, be and
remain transferred to our moſt dear, and moſt beloved
grandfon the Duke of Berry, and to his children, and
deſcendants, being males, born in lawful marriage; and
fucceffively in failure of them, to thoſe of the Princes of
our royal houſe and their defcendants, who in right of
their birth, or by the order eſtabliſhed ſince the founda-
tion of our monarchy, ought to fucceed to our crown.
'And ſo we command our beloved and trufty counfel-
lors, the Members of our court of Parliament at Paris,
that they do cauſe theſe preſents, together with the acts of
renunciation made by our faid brother and grandfon the
King of Spain, by our faid grandfon the Duke of Berry,
and by our faid nephew the Duke of Orleans, to be read,
publiſhed, and registered, and the contents thereof to be
kept,
( 13 )
kept, obferved, and executed, according to their form and
tenor, fully, peaceably, and perpetually ceafing and caufing
to ceaſe, all moleftations and hindrances, notwithſtanding
any laws, ftatutes, ufages, cuftoms, decrees, regulations,
and other matters contrary thereunto; whereto, and to the
derogations of the derogations therein contained, we have
derogated, and do derogate by theſe prefents, for this pur-
pofe only, and without being brought into precedent. For
fuch is our pleaſure.
And to the end that this may be a matter firm and laſt-
ing for ever, we have caufed our feal to be affixed to thefe
prefents. Given at Verfailles, in the month of March, in
the year of our Lord 1713, and of our reign the 70th,
Signed Lewis, and underneath by the King, Phelypeaux.
Vifa, Phelypeaux. And fealed with the great feal on green
wax, with ftrings of red and green filk,
Read and publiſhed, the court being affembled, and re-
giſtered among the rolls of the court, the King's Attorney-
general being heard, and moving for the fame, to the end
that they may be executed according to their form and
tenor, in purſuance of, and in conformity to the acts of
this day. At Paris, in Parliament, the 15th of March,
1713. Signed
DONGOIS.
THE KING.
HEREAS, on the fifth of November in this preſent
year, 1712, before Don Manuel of Vadillo and
Velafco, my Secretary of State, and chief notary of the
kingdoms of Caftile and Leon, and witneffes, I delivered,
fwore to, and figned a public inftrument of the tenor fol-
lowing, which is word for word as here enfues:
Don Philip, by the grace of God, King of Caftile, Leon,
Arragon, the Two Sicilies, Jerufalem, Navarre, Granada,
Toledo, Valentia, Galicia, Majorca, Seville, Sardinia,
Corduba, Corfica, Murcia, Jaen, the Algarves, Alge-
zira, Gibraltar, the Canary Iſlands, the Eaft and Weft-In-
dies, the Iſlands and Terra Firma of the Ocean, Archduke
of Auſtria, Duke of Burgundy, Brabant, and Milan, Count
of Habfpurg, Flanders, Tirol, and Barcelona, Lord of
Bifcay and Molina, &c. By the account and informatiou
of this inftrument and writing of renunciation and relin-
quiſhment,
( 14 )
quifhment, and that it may remain for a perpetual re-
membrance, I do declare and make known to Kings,
Princes, potentates, commonwealths, communities, and par-
ticular perfons, which now are, and fhall be in future ages:
that it being one of the principal pofitions of the treaties
of peace, depending between the crowns of Spain, and of
France, with that of England, for the rendering it firm and
lafting, and proceeding to a general one, on a maxim of
fecuring for ever the univerfal good and quiet of Europe,
by an equal weight of power, fo that many being united
in one, the balance of the equality deſired might not turn
to the advantage of one, and the danger and hazard of the
reft; it was propofed, and infifted on by England, and it
was agreed to on my part, and on that of the King my
grandfather, that for avoiding at any time whatever the
union of this monarchy with that of France, and the
poffibility that it might happen in any cafe, reciprocal re-
nunciations fhould be made by me, and for all my defcen-
dants, to the poffibility of fucceeding to the monarchy of
France, and on the part of thofe Princes, and of all their
race, prefent and to come, to that of fucceeding to this
monarchy; by forming a proper project of abdication of
all rights which might be claimed by the two royal houfes
of this, and of that monarchy, as to their fucceeding mu-
tually to each other; by feparating, by the legal means of
my renunciation, my branch from the royal ftem of France,
and all the branches of France from the ftem of the blood-
royal of Spain; by taking care, at the fame time, in pur-
fuance of the fundamental and perpetual maxim of the ba-
lance of power in Europe, which perfuades and juftifies
the avoiding, in all cafes imaginable, the union of the mo-
narchy of France with that of Spain, that the inconveni-
ence fhould likewife be provided against, left, in default
of my iffue, the cafe fhould happen that this monarchy
fhould devolve again to the houfe of Auftria, whofe do-
minions and dependencies, even without the union of the
empire, would make it formidable; a motive which at
other times made it juftifiable to feparate the hereditary
dominions of the houfe of Auftria from the body of the
Spaniſh monarchy; it being agreed and ſettled to this end
by England with me, and with the King my grandfather,
that
( 15 )
that in failure of me, and of my iffue, the Duke of Savoy,
and his fons, and defcendants, being males, born in con-
ſtant lawful marriage, are to enter upon the fucceffion of
this monarchy; and, in default of his male line, the Prince
Armadeo, of Carignan, and his fons, and defcendants, be-
ing males, born in conftant lawful marriage; and, in de-
fault of his line, Prince Thomas, brother of the Prince of
Carignan, his fons, and defcendants, being males, born
in conftant lawful marriage, who, as defcendants of the
Infanta Donna Catherina, daughter of Philip II. and be-
ing expreſsly called, have a clear and known right, fup-
pofing the friendſhip and perpetual alliance, which the
Duke of Savoy, and his defcendants, are to folicit and
obtain from this crown; it being to be believed, that by
this perpetual and never-ceafing hope, the needle of the
balance may remain invariable, and all the powers, wea-
ried with the toil and uncertainty of battles, may be ami-
cably kept in an equal poife; it not remaining in the dif
pofal of any of the parties to alter this federal equili-
brium, by way of any contract of renunciation, or retrocef-
fion, fince the fame reafon which induced its being ad-
mitted, demonſtrates its permanency, a fundamental con-
ftitution being formed, which may fettle, by an unalter-
able law, the fucceffion of what is to come. In confe-
quence of what is above faid, and for the love I bear to the
Spaniards, and from the knowledge I have of what I owe
to them, and the repeated experience of their fidelity, and
for making a return to Divine Providence, by this re-
fignation to its defliny, for the great benefit of having
placed and maintained me on the throne, among fuch il-
luftrious and well-deferving vaffals, I have determined to
abdicate, for myſelf, and all my defcendants, the right of
fucceeding to the crown of France, defiring not to depart
from living and dying with my beloved and faithful Spa-
niards; leaving to all my defcendants, the infeparable
bond of their fidelity and love. And to the end that this
refolution may have its due effect, and that the matter may
ceafe, which has been looked upon as one of the principal
motives of the war which has hitherto afflicted Europe,
of my own motion, free, fpontaneous, and unconſtrained
will, I Don Philip, by the grace of God, King of Caftile,
Leon,
( 16 )
Leon, Arragon, the Two Sicilies, Jerufalem, Navarre,
Granada, Toledo, Valencia, Galicia, Majorca, Seville,
Sardinia, Corduba, Corſica, Murcia, Jaen, the Algarves,
Algezira, Gibraltar, the Canary Islands, the Eaft and
Weft-Indies, the Iflands and Terra Firma of the Ocean,
Archduke of Auftria, Duke of Burgundy, Brabant, and
Milan, Count of Habfpurg, Flanders, Tirol, and Barce-
lona, Lord of Bifcay and Molina, &c. do by this prefent
inftrument, for myfelf, for my heirs and fucceffors, re-
nounce, quit, and relinquifh, for ever and ever, all pre-
tenfions, rights, and titles, which I have, or any defcen-
dant of mine hath at prefent, or may have at any time to
come, to the fucceffion of the crown of France; and I
declare, and hold myſelf for ever excluded and ſeparated,
me, and my fons, heirs, and defcendants for ever, excluded
and diſabled abfolutely, and without limitation, diffe-
rence, and diftinction of perfons, degrees, fexes, and
times, from the act and right of fucceeding to the crown
of France. And I will and confent, for myſelf, and my
faid defcendants, that now, as well as then, it may be
taken to be paffed over, and transferred to him, who by
mine and their being excluded, difabled, and incapaci-
tated, fhall be found next and immediate in degree to the
King, by whofe death it fhall become vacant; and the fuc-
ceffion to the faid crown of France is at any time, and in
any cafe to be fettled on, and given to him, to have
and to hold the fame as true and lawful fucceffor, in the
fame manner, as if I, and my defcendants, had not been
born or been in the world; fince for fuch are we to be
held and eſteemed, becauſe in my perfon, and in that of
my defcendants, there is no confideration to be had, or
foundation to be made of active or paffive repreſentation,
beginning, or continuation of lineage effective, or conten-
tive of fubftance, blood, or quality; nor can the de-
fcent, or computation of degrees of thofe perfons, bet
derived from the moft Chriftian King, my lord and grand-
father, nor from the Dauphin my father, nor from the
'glorious Kings their progenitors; nor by any other means
can they come into the fucceffion, nor take poffeffion of
the degree of proximity, and exclude from it the perfon,
who, as is abovefaid, fhall be found next in degree. I
will
( 17 )
will and confent for myfelf, and for my defcendants, that
from this time, as well as then, this right be looked upon
and confidered as paffed over, and transferred to the Duke
of Berry my brother, and to his fons and defcendants, be-
ing males, born in conftant lawful marriage; and in de-
fault of his male iffue, to the Duke of Orleans my uncle,
and to his fons and defcendants, being males, born in con-
ftant lawful marriage; and in default of his iffue, to the
Duke of Bourbon my coufin, and to his fons, and defcen-
dants, beidg males, born in conftant lawful marriage; and
in like manner fucceffively to all the Princes of the Blood
of France, their fons, and defcendants, being males, for
ever and ever, according to the place and order in which
they fhall be called to the crown by right of their birth;
and confequently to that perfon among the faid Princes,
who (I and all my faid defcendants being, as is above-
faid, excluded, difabled, and incapacitated) fhall be found
the neareſt in immediate degree after that King, by whofe
death the vacancy of the crown of France fhall happen,
and to whom the fucceffion ought to belong at any time,
and in any cafe whatſoever, that he may poffefs the fame
as true and lawful fucceffor, in the fame manner as if I,
and my defcendants, had not been born. And for the
greater ſtrength of this act of abdication of all the rights and
titles, which appertained to me, and to all my fons and
defcendants, of fucceeding to the aforefaid crown of France,
I depart from, and relinquish eſpecially that which might
moreover accrue to the rights of birth from the letters
patants, or inftrument, whereby the King my grandfather
preſerved and referved to me, and enabled me to enjoy
the right of fucceffion to the crown of France, which in-
ftrument was diſpatched at Verſailles in the month of De-
cember, in the year 1700, and paffed, and approved, and
regiſtered by the Parliament. I will that it cannot ferve
me for a foundation to the purpoſes therein provided for,
and I reject and renounce it, and hold it for null, void,
and of no force, and for cancelled, and as if no fuch in-
ſtrument had ever been executed. I promife and oblige
myſelf, on the faith of a King's word, that as much as ſhall
relate to my part, and that of my fons and deſcendants,
which are and ſhall be, I will take care of the obſervation
and
( 18 )
*
and accompliſhment of this writing, without permitting or
confenting that any thing be done contrary thereunto, di-
rectly or indirectly, in the whole, or in part; and I relin-
quiſh and depart from all and all manner of remedies,
known or unknown, ordinary or extraordinary, and which
by common right, or fpecial privilege might belong to us,
to me, and to my fons and defcendants, to reclaim, men-
tion, or alledge againſt what is abovefaid; and I renounce
them all, and eſpecially that of evident prejudice, enor-
mous, and moft enormous, which may be reckoned to
have happened in this relinquifhment and renunciation of
the right of being able, at any time, to fucceed to the
crown aforementioned. I will that none of the faid reme-
dies, nor others, of whatſoever name, ufe, importance,
and quality they may be, do avail us, or can avail us.
And if in fact, or under any colour we fhould endeavour
to feize the faid kingdom by force of arms, by making, or
moving war, offenfive or defenfive, from this time for
ever, that is to be held, judged, and declared, for an un-
lawful, unjuſt, and wrongfully-undertaken war, and for
violence, invafion, and ufurpation, done againſt reafon
and confcience; and on the contrary, that is to be judged
and eſteemed a juft, lawful, and allowed war, which fhall
be made, or moved in behalf of him, who by the exclu-
ſion of me, and of my faid fons and defcendants, ought to
fucceed to the faid crown of France, to whom the fub-
jects and natives thereof are to apply themfelves, and to
obey him, to take and perform the oath and homage of
fealty, and to ferve him as their lawful King and Lord. And
the relinquishment and renunciation, for me, and my ſaid
ſons and deſcendants, is to be firm, ſtable, valid, and irre-
vocable perpetually, for ever and ever. And I declare
and promife, that I have not made, neither will I make
any proteftation, or reclaiming, in public, or in fecret,
to the contrary, which may hinder, or diminish the force.
of what is contained in this writing; and that if I ſhould
make it, although it be fworn to, it is not to be valid, nei-
ther can it have any force; and for the greater strength
and fecurity of what is contained in this renunciation, and
of what is faid and promifed on my part therein, I give
again
( 19 )
again the pledge of my faith, and royal word, and I ſwear
folemnly by the gofpels contained in this miffal, upon
which I lay my right hand, that I will obferve, maintain,
and accomplish this act and inftrument of renunciation,
as well for myſelf as for all my fucceffors, heirs, and de-
fcendants, in all the claufes therein contained, according
to the moſt natural, literal, and plain fenfe and conftruc-
tion; and that I have not fought, neither will I feek any
difpenfation from this oath, and if it fhall be fought for by
any particular perfon, or ſhall be granted motu proprio, I
will not uſe it, nor take any advantage of it. Nay, in
fuch caſe as that it fhould be granted me, I make ano-
ther the like oath, that there may always be and remain
one oath above and beyond all difpenfations which may
be granted me. And I deliver this writing before the
preſent ſecretary, notary of this my kingdom, and I have
figned it, and commanded it to be fealed with my royal
feal; there being provided, and called as witneffes, the
Cardinal Don Francifco de Judice, inquifitor general, and
Archbishop of Montreal, one of my council of ftate; Don
Jofeph Fernandez, of Velafco and Tobar, conftable of
Caftile, Duke of Frias, gentleman of my chamber, my
high ſteward of my houfhold, great cup-bearer, and great
huntfinan; Don Juan Claros Alphonfo Perez de Gufman el
Bueno, Duke of Medinf Sidonia, Knight of the order of
the Holy Ghoft, my great mafter of horſe, gentleman of
my chamber, and one of my council of ftate; Don Fran-
ciſco Andres de Benavides, Count of Santiftevan, one of
my council of ftate, and high fteward to the Queen; Don
Carlos Homodei Laco de la Vega, Marquis of Almonacir,
and Count of Cafa Palma, gentleman of my chamber, one
of my council of ftate, and great matter of the horſe to
the Queen; Don Reftayno Cantelmo, Duke of Popoli,
knight of the order of the Holy Ghoft, gentleman of my
chamber, and captain of my Italian life-guards; Don Fer-
nando of Aragon and Moncada, Duke of Montalto, Mar-
quis of los Velez, commander of the Silla and Benaful in the
order of Monteffa, gentleman of my chamber and one of
my council of flate; Don Antonio Sebaſtian de Toledo,
Marquis of Manfera, gentleman of my chamber, one of
my council of ſtate, and prefident of that of Italy; Don
Juan
( 20 )
3
Juan Domingo, of Haro and Guzman, great commander
in the order of St. James, one of my council of ſtate
Don Joachim Ponce de Leon, Duke of Arcos, gentle-
man of my chamber, great commander in the order of
Calatrava, one of my council of ftate; Don Domingo de
Giudice, Duke of Giovenazzo, one of my council of ſtate
Don Manuel Coloma, Marquis of Canales, gentleman of
my chamber, one of my council of ſtate; and captain ge-
neral of the artillery of Spain; Don Jofeph de Solis,
Duke of Montellano, one of my council of ſtate; Don
Rodrigo Manuel Manrique de Lara, Count of Frigiliana,
gentleman of my chamber, one of my council of ſtate,
and prefident of that of the Indies; Don Ifidora de la
Cueva, Marquis of Bedmar, knight of the order of the
Holy Ghoſt, gentleman of my chamber, one of my coun-
cil of ftate, prefident of that of the orders, and firſt mini-
fter of war; Don Francifco Ronquillo Briceno, Count
of Gramedo, Governor of my council of Caftille; Don
Lorenzo Armangual, bifhop of Gironda, one of my coun-
cil, and chamber of Caftille, and governor of that of the
revenues; Don Carlos de Borja and Centellas, patriarch of
the Indies, one of my council of the orders, my chaplain
and great almoner, and vicar-general of my armies; Don
Martin de Guzman, Marquis of Montealegre, gentleman
of my chamber, and captain of my guard of halberdiers;
Don Pedro de Toledo Sarmiento, Count of Gondomar,
one of my council, and chamber of Caftille; Don Fran-
cifco Rodrigues de Mendarofqueta, commiffary general
of the Cruzada; and Don Melchior de Avellaneda, Mar-
quis of Valdecanas, one of my council of war, and di-
rector general of the infantry of Spain.
NOW
I THE KING.
OW in regard to the federal conventions, whereof
mention is made in the ſaid inftrument here inferted,
and to the end it may appear authentically to all the par-
ties where it appertains, and who may pretend to make
ufe of the contents thereof; and for all the effects which
may take place in right, and which may be derived from
the delivery hereof, under the claufes, conditions, and
fuppofitions therein contained, I have commanded thefe
prefents
( 21 )
prefents to be made out, figned with my hand, and fealed
with the feal of my royal arms, and counterfigned by my
underwritten ſecretary of flate, and chief notary of theſe
my kingdoms, at Buen Retiro, the feventh of November,
1712.
(L. S.)
I THE KING.
Manuel de Vadillo y Velafco.
Read and publifhed, the court being affembled, and re-
giſtered in the rolls of the court, the King's advocate gene-
ral being heard, and moving for the fame, to the end that.
it may be executed according to the form and tenor there-
of, in purfuance of, and in conformity to the acts of this
day at Paris in parliament, the 15th of March, 1713.
Signed
DONGOIS.
CHA
HARLES, fon of France, Duke of Berry, Alenfon,
and Angoulcfme, Viſcount of Vernon, Andely, and
Gilors, Lord of the chantellenies of Coignac and Merpins ;
to all kings, princes, commonwealths, communities, and
to all other bodies, and private perfons, prefent and to
come, be it known. All the powers of Europe finding
themſelves almoft ruined on account of the prefent wars,
which have carried defolation to the frontiers, and into
many other parts of the richest monarchies, and other do-
minions, it has been agreed in the conferences and treaties,
of
peace, which are negotiating with Great Britain, to
eftablish an equilibrium, and political boundarics between
the kingdoms, whereof the interefts have been, and are
fill the fad occafion of a bloody difpute; and to hold it
for a fundamental maxim in order to preferve this peace,
that provifion ought to be made, that the forces of thefe
kingdoms may not become formidable, nor be able to
caufe any jealouly, which, it has been thought cannot be
fettled more folidly, than by hindering them from extend-
ing themſelves, and by keeping a certain proportion, to
the end that the weaker being united together, may de-
fend themtelves against the more powerful, and fupport
themselves refpectively against their equals.
For this purpoſe the King, our most honored Lord and
grandfather, and the King of Spain, our moit dear bro-
ther, have agreed and concluded with the Queen of Great
VOL. II.
C
Britain,
( 22 )
Britain, that reciprocal renunciations ſhall be made by all
the princes, both preſent and to come, of the crown of
France, and of that of Spain, of all rights, which may
appertain to each of them, to the fucceffion of the one,
or of the other kingdom, by eſtabliſhing an habitual right
to the fucceffion to the crown of Spain, in that line which
fhall be made capable thereof, and declared immediate
after that of King Philip V. our brother, by the eſtates of
Spain, who were to affemble for this purpofe; by making
an immoveable balance to maintain the equilibrium, which
is intended to be placed in Europe, and by going on to
particularize all the cafes of union which are forefeen, to
ferve as an example for all fuch as may happen. It has
likewiſe been agreed and concluded between the King, our
moft honored Lord and grandfather, King Philip V. our
brother, and the Queen of Great Britain, that the faid
King Philip fhall renounce for himſelf, and for all his de-
fcendants, the hopes of fucceeding to the crown of France;
that on our fide we fhall renounce in like manner for us,
and for our defcendants, the crown of Spain; that the
Duke of Orleans, our moft dear uncle, fhall do the fame
thing; fo that all the lines of France and of Spain, re-
ſpectively and relatively, ſhall be excluded for ever, and
by all kind of ways, from all the right, which the lines of
France might have to the crown of Spain, and the lines
of Spain to the crown of France; and lastly, that care
fhall be taken, that under pretence of the faid renuncia-
tions, or under any other pretence whatfoever, the houſe
of Auftria may not make ufe of the pretenfions, which it
might have to the fucceffion of the monarchy of Spain;
forafmuch as by uniting this monarchy to the hereditary
countries and dominions of that houfe, it would become
formidable, even without the union of the empire, to the
other powers, which are between both, and which would
find themfelves as it were furrounded; which would de-
ftroy the equality, that is eftabliſhing at prefent, to fecure
and ſtrengthen more perfectly the peace of Christendom,
and to take away all manner of jealouſy from the powers
of the North, and of the Weft, which is the end that is
propofed by this political equilibrium, by removing and
excluding all thefe branches, and calling to the crown of
}
Spain,
( 23 )
Spain, in default of the lines of King Philip V. our bro-
ther, and of all his children and defcendants, the houſe of
the Duke of Savoy, which defcends from the infanta Ca-
therina, daughter of Philip II. it having been confidered,
that in making the faid houfe of Savoy fucceed immedi-
ately in this manner, this equality and balance between
the three powers, may be fixed as it were in its centre,
without which it would be impoffible to extinguifh the
flame of war, which has been kindled, and is capable of
deſtroying every thing.
Being willing therefore to concur, by our relinquiſh-
ment, and by the abdication of all our rights, for us, our
fucceffors and defcendants, to the eſtabliſhing of the uni-
verfal repoſe, and the fecuring the peace of Europe, be-
cauſe, we believe, that this method is the fureft, and moſt
effectual, in the terrible circumftances of this conjunc-
ture, we have refolved to renounce the hopes of fucceed-
ing to the crown of Spain, and all the rights thereunto,
which belong to us, and may belong to us, under any title,
and by any means whatſoever. And to the end that this
refolution may have its full effect, and alfo by reafon that
King Philip V. our brother, did on his part, the 5th of this
prefent month of November, make his renunciation of the
crown of France, we of our meer, free, and frank will,
and without being moved thereunto by any reſpectful
awe, or by any other regard, except thofe abovemention-
ed, to declare, and hold ourfelves from this prefent, we,
our children, and defcendants, excluded and diſabled ab-
folutely for ever, without limitation or diftinction of per-
fons, degrees, or fexes, from ever act, and from all
right of fucceeding to the crown of Spain. We will, and
confent for us, our faid children and defcendants, that
from this time, and for ever, we and they, in confequence
of theſe prefents, be held to be excluded and difabled,
in like manner as all the other defcendants of the houſe of
Auftria, who, as it has been faid and fuppofed, ought alfo
to be excluded, in whatever degree we may be, both the
one and the other; and if the fucceffion falis to us, our
line, that of all our defcendants, and all the others of the
houſe of Auftria, as it has been faid, ought to be fepara-
ted and excluded therefrom. That for this reafon the
kingdom
C 2
( 24 )
}
kingdom of Spain be accounted as devolved, and transfer-
red to him, to whom in ſuch caſe the fucceffion ought to
devolve and be transferred, at any time whatfoever, fo that
we do take and hold him for true and lawful fucceffor, be-
cauſe for the fame reafons and motives, and in confe-
quence of thefe prefents, neither we, nor our defcendants,
ought any more to be confidered as having any founda-
tion of repreſentation active or paffive, or making any
continuation of line effective, or contentive of fubftance,
blood, or quality, or likewife to derive any right from our
defcent, or to reckon our degrees from the perfons of
the Queen Maria Therefa of Auftria, our moſt honored
lady and grandmother of the Queen Anne of Auſtria, our
moſt honored Lady and great-grandmother, or of the glorious
kings their anceſtors; on the contrary, we ratify the claufs
of their wills, and the renunciations made by the faid ladies,
our grandmother and great-grandmother, we renounce like.
wife the right, which may belong to us, and to our chil-
dren and defcendants, by virtue of the will of King Charles
II. which, notwithstanding what is abovementioned, calls
us to the fucceffion of the crown of Spain, in cafe of fail-
ure of the line of Philip V. We therefore relinquish this
right, and renounce the fame, for us, our children and
defcendants; we promife and engage, for us, our faid
children and defcendants, to employ ourfelves with all our
might, in caufing this prefent act to be fulfilled, without
allowing, or ſuffering that the fame be violated directly or
indirectly, in the whole, or in part; and we relinquish all
means, ordinary or extraordinary, which by common
right, or by any fpecial privilege might belong to us, our
children and defcendants; which means we likewife re-
nounce abfolutely, and particularly, that of evident, enor-
mous, and moft enormous prejudice, which may be found
in the faid renunciation of the fucceffion to the crown of
Spain. And we will that none of the faid means may, or
can have any effect, and that if, under this pretext, or any
other colour, we fhould poffefs ourfelves of the faid king-
dom by force of arms, the war which we fhould nake, or
fir up, be deemed unjuft, unlawful, and unduly underta-
ken. And on the contrary, that the war, which he fhould
make upon us, who by virtue of this renunciation ſhould
have
( 25 )
have right to fucceed to the crown of Spain, be deemed.
juft and allowable. And that all the fubjects and people
of Spain, do acknowledge him, obey him, defend him, do
him homage, and ſwear fealty to him, as to their king and
lawful lord.
And for the greater fecurity of all that we fay and pro-
mife for ourſelves, and in the name of our children and
defcendants, we fwear folemnly on the Gofpels contained
in this miffal, upon which we lay our right hand, that we
will keep, maintain, and fulfil the fame in all and every
part thereof: that we will never afk to be relieved from
the fame, and if any one do afk it for us, or if it be grant
ed us motu proprio, we will not make ufe, or take ad-
vantage of it. But rather, in cafe it fhould be granted
us, we over and above make this other oath, and this
fhall fubfift and remain for ever, whatever difpenfations
may be granted us. We fwear and promife likewife, that
we have not made, neither will we make, in public, or
in fecret, any proteftation, or reclamation to the contra-
ry, which may hinder what is contained in thefe prefents,
or leffen the force thereof; and if we fhould make any,
whatever oaths they may be accompanied with, they fhall
not have any force or virtue, or produce any effect.
In witneſs whereof, and to render thefe prefents authen-
tic, they have been paffed before mafters Alexander le
Fevre, and Anthony le Moyne, counsellors to the King,
Notaries, Minute-keepers to his M jefty, and Seal-keepers
in the Chatelet of Paris, hereunder written, who have
wholly delivered this prefent act; and for caufing theſe
prefents to be published and regiſtered, wherever it fhall
be neceffary, my Lord the Duke of Berry has conſtituted
the bearers of thefe difpatches, by duplicates thereof, his
general and ſpecial Attornies to whom my faid Lord has,
by thefe faid prefents, given fpecial power and authority
in that behalf. At Marly, the 24th day of November,
1712, before noon, and has figned the prefent duplicate,
and another, and minute thereof remaining in the hands
of the faid Le Moyne, notary.
Signed,
CHARLES.
Le Fevre, Le Moyne
( 26 )
(26
PHILIP,
;
1
HILIP, grandfon of France, Duke of Orleans, Valois,
Chartres, and Nemours; to all kings, princes, com-
monwealths, potentates, communities, and to all perfons,
as well preſent as to come, we make known by thefe pre-
fents that the fear of the union of the crowns of France
and Spain, having been the principal motive of the pre-
fent war, and the other powers of Europe having always
apprehended, left theſe two crowns fhould come upon
one head, it has been laid down as the foundation of the
peace, which is treated of at prefent, and which it is hoped
inay be cemented more and more, for the repofe of fuch
a number of countries, which have facrificed themfelves,
as fo many victims, to oppofe the dangers, wherewith they
thought themſelves threatened, that it was neceffary to
eftabliſh a kind of equality and equilibrium between the
princes, who were in difpute, and to feparate for ever, in
an irrevocable manner, the rights which they pretend to
have, and which they defended, fword in hand, with a re-
ciprocal flaughter on each fide.
That with intent to eſtabliſh this equality, the Queen of
Great Britain propofed, and upon her inftances, it has
been agreed by the King, our most honored Lord and
uncle, and by the Catholic King, our most dear nephew,
that for avoiding at any time whatfoever the union of the
crowns of France and Spain, reciprocal renunciations
fhould be made, that is to fay, by the Catholic King Phi-
lip V. our nephew, for himfelf and for all his defcen-
dants, of the fucceffion to the crown of France; as alfo
by the Duke of Berry, our moft dear nephew, and by us,
for ourſelves, and for all our defcendants, of the crown of
Spain; on condition likewife, that neither the houſe of
Auftria, nor any of the defcendants thereof, fhall be able
to fucceed to the crown of Spain, becauſe this houfe itfelf,
without the union of the empire, would become formi-
dable, if it fhould add a new power to its ancient domi-
nions; and confequently this equilibrium, which is defign-
ed to be eſtabliſhed for the good of the princes and ftates
of Europe, would ceafe. Now it is certain, that without
this equilibrium, either the ſtates ſuffer from the weight of
their own greatnefs, or envy engages their neighbours to
make alliances to attack them, and to reduce them to fuch
a point,
( 27 )
a point, that theſe great powers may inſpire leſs fear, and
may not afpire to an univerfal monarchy.
For attaining the end which is propoſed, and by reaſon
that his Catholic Majefty has on his part made his re-
nunciation, the 5th of this prefent month, we conſent
that, in failure of Philip V. our nephew, and of his defcen-
dants, the crown of Spain do país over to the houſe of
the Duke of Savoy, whoſe rights are clear and known,
inafmuch as he defcends from the infanta Catherina, daugh-
ter of Philip II. and as he is called by the other kings his
fucceffors; fo that his right to the fucceffion of Spain, is
indiſputable.
And we defiring on our fide to concur towards the glo-
rious end, which is propofed for re-establishing the pub-
lic tranquility, and for preventing the fears which the
rights of our birth, or all others, which might appertain
unto us, might occafion, have refolved, to make this re-
linquishment, this abdication, and this renunciation of all
our rights, for ourſelves, and in the name of all our fuc-
ceffors and defcendants; and for the accompliſhing of this
refolution, which we have taken of our meer, free, and
frank will, we declare and hold ourfelves from this pre-
fent, us, our children and defcendants, for excluded and
difabled, abfolutely, and for ever, and without limitation
or diſtinction of perfons, of degrees, and of fexes, from
every act, and from all right of fucceeding to the crown
of Spain. We will and confent, for us and our defcen-
dants, that from this time, and for ever, we be held, we
and ours, for excluded, difabled, and incapacitated, in
whatever degree we may happen to be, and in what man-
ner foever the fucceffion may fall to our line, and to all
others, whether of the houſe of France, or of that of Au-
ftria, and of all the defcendants both of the one and the
other houſe, which, as it is faid and fuppofed, ought like-
wife to hold themfelves for cut off and excluded; and that
for this reafon the fucceffion to the faid crown of Spain
be deemed to be devolved, and transferred to him to
whom the fucceffion of Spain ought to be transferred, in
fuch cafe, and at any time whatfoever; fo that we do
take and hold him for true and lawful fucceffor, becauſe
neither we, nor our defcendants, ought any more to be
C 4
con-
( 28 )
confidered as having any foundation of reprefentation,
active or paffive, or making a continuation of a line effec-
tive, or contentive of fubftance, blood, or quality, nor
ought we to derive any right from our defcent, or reckon
the degrees from Queen Anne of Auftria, our moſt ho-
nored Lady and grandmother, nor from the glorious kings
her anceſtors. On the contrary, we ratify the renuncia-
tion which the faid lady Queen Anne made, and all the
claufes which the Kings Philip III. and Philip IV. inferted
in their wills. We renounce in like manner all the right
which may appertain to us, and to our children and de-
fcendants, by virtue of the declaration made at Madrid,
the 29th of October, 1703, by Philip V. King of Spain,
our nephew; and any right which might appertain to us,
for us, and our defcendants, we relinquith the fame, and
renounce it for us and for them; we promife and engage
for us, our faid children and defcendants, prefent and to
come, to employ ourſelves with all our might, in caufing
thefe prefents to be obſerved and fulfilled, without allow-
ing, or fuffering that, directly or indirectly, the fame be
violated, whether in the whole, or in part. And we re-
linquish all means, ordinary or extraordinary, which by
common right, or any fpecial privilege might appertain to
us, our children and defcendants, which means we re-
nounce abfolutely, and in particular that of evident, enor-
mous, and moft enormous prejudice, which may be found
in the renunciation of the fucceffion to the faid crown of
Spain; and we will that any of the faid means neither may,
nor can ferve, or avail us. And if under this pretext, or
-any other colour whatever, we would poffefs ourſelves of
the faid kingdom of Spain by force of arms, that the war
which we fhould make, or ftir up, be held for unjuft, un-
lawful, and unduly undertaken; and that on the contrary,
that which he ſhould make upon us, who by virtue of this
renunciation fhould have right to fucceed to the crown
of Spain, be held for juft and allowable; and that all the
fubjects and people of Spain do acknowledge him, obey
hin, defend him, do homage to him, and take the oath
of fealty to him, as to their King, and lawful Lord.
And for the greater affurance, and fecurity of all that
we fay and promife, for us, and in the name of our fuccef-
fors
( 29 )
fors and defcendants, we fwear folemnly on the Holy Gof-
pels, contained in this miffal, whereon we lay our right
hand, that we will keep, maintain, and fulfil the fame
wholly and entirely; and that we will at no time afk to have
ourſelves relieved therefrom; and if any perſon aſks it, or
if it is granted us motu proprio, we will not make uſe, or
avail ourſelves thereof; but rather, in cafe it fhould be
granted us, we make another oath, that this ſhall fubfift
and remain for ever, what difpenfation foever may be
granted us. We further fwear and promife, that we have
not made, neither will we make, either in public, or in
fecret, any proteftation or reclamation to the contrary,
which may hinder that which is contained in theſe pre-
fents, or leffen the force thereof, and if we fhould make
any, what oath foever they may be attended with, they
fhall not have either force or virtue, or produce any
effect.
And for greater fecurity, we have paffed, and do paſs
the prefent act of renunciation, abdication and relin-
quifhment, before mafters Anthony le Moyne, and Alex-
'ander le Fevre, counsellors to the King, notaries, minute-
keepers, and feal-keepers at the Chatelet of Paris, hereun-
der written, in our palace royal at Paris, 1712, the 19th
of November, before noon; and for caufing thefe pre-
fents to be infinuated and regiſtered in every place, where
it fhall appertain, we have conftituted the bearer to be our
attorney, and we have figned theſe preſents, and the mi-
nute thereof remaining in the poffeffion of the faid Le
Fevre, notary.
PHILIP, of Orleans.
Le Moyne, Le Fevre.
The KING'S LETTERS PATENTS of the Month of Dicem.
ber, 1700.
EWIS, by the grace of God, King of France and
Navarre, to all prefent and to come, greeting. The
profperity which it has pleafed God to heap upon us dur-
ing the course of our reign, are fo many motives to us, to
apply ourſelves, not only for the time prefent, but alſo
for the future, to the happineſs and tranquillity of the
peo-
ple
1
(30)
ple whereof Divine Providence has entrusted to us the
government. His impenetrable judgments, let us only
fee, that we ought not to place our confidence, neither in
our forces, nor in the extent of our dominions, nor in a
numerous pofterity, and that thefe advantages, which we
receive from his goodneſs alone, have no other folidity
than what it pleafes him to give them. But as it is, how-
ever, his will that the kings, whom he chufes to lead his
people, fhould forcfee afar off the events able to produce
diforders, and the moft bloody wars; that they ſhould
make uſe of the lights, which his divine wisdom pours
upon them; we fulfil his defigns, when, in the midſt
of the univerfal rejoicings of our kingdom, we look
upon, as a poffible thing, a fad futurity, which we
pray God to avert for ever. At the fame time that we
accept the will of the late King of Spain; that our moſt
dear and moft beloved fon the Dauphin renounces his
lawful right to that crown, in favour of his fecond fon the
Duke of Anjou, our moft dear and most beloved grand-
fon, inftituted by the late King of Spain, his univerfal
heir; that this Prince, known at prefent by the name of
Philip V. king of Spain, is ready to enter his kingdom,
and to anſwer the earnest wishes of his new fubjects; this
great event does not hinder us from carrying our views be-
yond the time prefent, and when our fucceffion appears
the beſt eſtabliſhed, we judge it to be equally the duty of
a King, and of a father, to declare, for the future, our will
conformably to the fentiments which thefe two qualities
infpire in us. Wherefore, being perfuaded that the King
of Spain, our grandfon, will always preferve for us, for
our houfe, for the kingdom wherein he is born, the fame
tenderneſs, and the fame fentiments, whereof he has given
us fo many proofs, that his example, uniting his new fub-
jects to ours, is going to form a perpetual amity, and
the most perfect correfpondence between them; we should
think likewife, that we do him an injuftice, whereof we
are incapable, and occafion an irreparable prejudice to our
kingdom, if we fhould hereafter look upon as a ſtranger,
a Prince, whom we grant to the unanimous requeſts of the
Spanish nation.
For
( 31 )
For thefe caufes, and other great confiderations us
hereunto moving, of our ſpecial grace, full power, and
royal authority, we have refolved, declared, and ordained,
and by theſe prefents figned with our hand, we do refolve,
declare, and ordain, we will, and it is our pleaſure, that
our moft dear and most beloved grandfon the King of Spain,
do preferve for ever the rights of his birth, in the fame
manner as if he made his actual refidence in our kingdom;
wherefore our most dear and moft beloved only on the
Dauphin, being the true and lawful fucceffor and heir of
our crown, and of our dominions, and after him our moſt
dear and moſt beloved grandfon the Duke of Burgundy, if
it ſhould happen (which God forbid) that our ſaid grandſon
the Duke of Burgundy, fhould come to die without male
children, or that thofe which he fhould have in good and
lawful marriage, ſhould die before him, or if the faid male
children fhould not leave any male children after them
born in lawful marriage, in fuch cafe our faid grandfon the
King of Spain, making ufe of the rights of his birth, is to
be the true and lawful fucceffor to our crown, and to our
dominions, notwithstanding he fhould be at that time ab-
fent, and refiding out of our faid kingdom; and immedi-
ately after his deceaſe, his heirs male begot in lawful mar-
riage, fhall come into the faid fucceffion, notwithſtanding
that they may be born, or that they may dwell out of our
kingdom; we will that, for the abovefaid caufes, neither
our faid grandfon, the King of Spain, nor his children be-
ing males, be deemed and reputed lefs able and capable to
enter upon the faid fucceffion, or upon others which may
fall to them within our faid kingdom. On the contrary
we intend, that all rights, and generally other things what-
ever, which may at prefent, or for the future, belong and
appertain to them, be and remain preferved whole and
intire, as if they did refide and dwell conftantly within
our kingdom to the time of their deceaſe, and as if their
heirs had been natives, and inhabitants of the kingdom;
having for this purpoſe, as far as there is or fhall be need,
enabled and difpenfed with them, as we do enable and dif
penſe with them by thefe prefents. And fo we give it in
command to our beloved and truſty Counſellors, the mem-
bers of our Court of Parliament, and Chamber of our Ac-
counts
( 32 )
counts at Paris, Prefidents and Treaſurers General of France
in the office of our Exchequer eſtabliſhed in the fame
place, and to all others our officers and juftices to whom
it fhall appertain, that they cauſe theſe preſents to be re-
giſtered, and our faid grandfon the King of Spain, his
children and defcendants, being male, born in lawful
marriage, to enjoy and uſe the contents thercof, fully and
peaceably, any thing to the contrary notwithstanding; to
which, by our grace and authority, as abovefaid, we have
derogated, and do derogate; for this is our pleaſure.
And that this may be a matter firm and lafting for ever,
we have caufed our feal to be put to the fe prefents. Given
at Verſailles, in the month of December, in the year of
our Lord, 1700, and of our reign the 58th. Signed
LEWIS, and on the fold, by the king, Phelipe.ux. And
fealed with the great feal on green wax, with ftrings of red
and green filk.
Regiſtered, the King's Attorney General being heard and
requiring the fame, in order to their being executed ac-
cording to their form and tenor, purſuant to the act of this
day. At Paris in Parliament, the 1ft of February, 1701.
Signed,
DONGOIS.
NOW
OW whereas it is provided and fettled by the pre-
ceding renunciation (which is always to have the
force of a pragmatick, fundamental, and inviolable law)
that at no time whatever either the Catholic King himſelf,
or any one of his lineage, fhall feek to obtain the crown
of France, or afcend the throne thereof; and by recipro-
cal renunciations on the part of France, and by fettlements
of the heriditary fucceffion there, tending to the fame
purpoſe, the crowns of France and Spain are fo divided
and feparated from each other, that the aforefaid renun-
ciations, and the other tranſactions relating thereto, re-
maining in force, and being truly and faithfully obferved,
they can never be joined in one. Wherefore the moft fercne
Queen of Great Britain, and the moft fercne and the molt
Chriftian King, engage to each other folemnly, and on
their royal words, that nothing ever fhall be done by them,
or their heirs and fucceffors, or allowed to be done by
others, whereby the aforefaid renunciations, and the other
tranfactions
( 33 )
tranfactions aforementioned, may not have their full ef-
fect but rather on the contrary, their Royal Majefties,
with joint councils and forces, will always fincerely take
that care, and uſe thoſe endeavours, that the faid founda-
tions of the public fafety may remain unfhaken, and be
preferved untouched for ever.
Moreover, the moſt Chriſtian King confents and en-
gages, that he will not, for the intereft of his fubjects,
hereafter endeavour to obtain, or accept of any other
ufage of navigation and trade to Spain, and the Spaniſh
Indics, than what was practifed there in the reign of the
late King Charles II. of Spain, or than what fhall likewife
be fully given and granted, at the fame time, to other
nations and people concerned in trade.
VII. That there be a free ufe of navigation and
commerce between the fubjects of both their Royal Ma-
jellies, as it was formerly in the time of peace, and before
the declaration of this laft war, and alfo as it is agreed and
concluded by the treaty of commerce this day made be-
tween the two nations.
VIII. That the ordinary diftribution of juftice be re-
vived, and open again, through the kingdoms and domi-
nions of each of their Royal Majefties, fo that it may be
free for all the fubjects on both fides, to fue for, and ob
tain their rights, pretenfions, and actions, according to
the laws, conftitutions, and ftatutes of each kingdom.
IX. The moſt Chriſtian King fhall take care that all
the fortifications of the city of Dunkirk be razed, that the
harbour be filled up, and that the fluices or moles which
ferve to cleanfe the harbour be levelled, and that at the
faid King's own expence, within the space of five months
after the conditions of peace are concluded and figned;
that is to fay, the fortifications towards the fea, within the
fpace of two months, and thofe towards the land, together
with the faid banks, within three months; on this exprefs
condition alfo, that the faid fortifications, harbour, moles,
or fluices, be never repaired again. All which fhall not.
however, be begun to be ruined, till after that every
thing is put into his Chriftian Majefty's hands, which is to
be given him, instead thereof, or as an equivalent.
X. The
( 34 )
}
X. The ſaid moft Chriftian King fhall reftore to the
kingdom and Queen of Great Britain, to be poffeffed in
full right for ever, the bay and ftreights of Hudſon, to-
gether with all lands, feas, fea-coafts, rivers, and places
fituate in the faid bay, and ftreights, and which belong
thereunto, no tracts of land or of fea being excepted,
which are at prefent poffeffed by the fubjects of France.
All which, as well as any buildings there made, in the con-
dition they now are, and likewife all fortreffes there erect-
ed, either before or fince the French feized the fame, fhall
within fix months from the ratification of the preſent trea-
ty, or fooner, if poffible, be well and truly delivered to
the Britiſh ſubjects, having commiffion from the Queen of
Great Britain, to demand and receive the fame, entire and
undemoliſhed, together with all the cannon and cannon-
ball which are therein, as alfo with a quantity of powder,
if it be there found, in proportion to the cannon ball, and
with the other provifion of war ufually belonging to can-
non. It is however provided, that it may be entirely free
for the company of Quebec, and all other the fubjects of
the moſt Chriſtian King whatſoever, to go by land, or by
fea, whitherfoever they pleaſe out of the lands of the faid
bay, together with all their goods, merchandizes, arms,
and effects, of what nature or condition foever, except
fuch things as are above referved in this article. But it is
agreed on both fides, to determine within a year, by com-
miffaries to be forthwith named by each party, the limits
which are to be fixed between the faid Bay of Hudſon,
and the places appertaining to the French; which limits.
both the Britiſh and French fubjects fhall be wholly forbid
to pass over, or thereby to go to each other by fea or by
land. The fame commiffaries fhall alfo have orders to
defcribe and fettle, in like manner, the boundaries between
the other Britiſh and French colonies in thofe parts.
XI. The abovementioned moft Chriftian King fhall
take care that fatisfaction be given, according to the rule
of justice and equity, to the English company trading to
the Bay of Hudfon, for all damages and fpoil done to
their colonies, fhips, perfons, and goods, by the hoftile
incurfions and depredations of the French, in time of
peace, an eftimate being made thereof by commiffaries to
be
( 35 )
be named at the requifition of each party. The fame
commiffaries fhall moreover inquire as well into the com-
plaints of the Britifh fubjects concerning fhips taken by
the French in time of peace, as alfo concerning the da-
mages fuſtained laſt year in the iſland called Montſerat,
and others, as into thofe things of which the French fub-
jects complain, relating to the capitulation in the inland
of Nevis, and caftle of Gambia, alfo to French fhips, if
perchance any fuch have been taken by Britiſh ſubjects in
tine of peace. And in like manner into all difputes of
this kind, which fhall be found to have arifen between
both nations, and which are not yet ended; and due juf
tice fhall be done on both fides without delay.
XII. The moſt Chriſtian King fhall take care to have
delivered to the Queen of Great Britain, on the fame day
that the ratifications of this treaty fhall be exchanged, fo-
lemn and authentic letters, or inftruments, by virtue
whereof it fhall appear, that the island of St. Chriftophers
is to be poffeffed alone hereafter by British fubjects, like-
wife all Nova Scotia or Acadia, with its ancient bounda-
ries, as alfo the city of Port Royal, now called Annapolis
Royal, and all other things in thoſe parts, which depend
on the ſaid lands and iſlands, together with the dominion,
propriety, and poffeffion of the faid iflands, lands, and
places, and all right whatfoever, by treaties, or by any
other way obtained, which the moft Chriftian King, the
crown of France, or any the fubjects thereof, have hither-
to had to the ſaid iflands, lands, and places, and the inha-
bitants of the fame, are yielded and made over to the
Queen of Great Britain, and to her crown for ever, as the
moſt Chriſtian King does at prefent yield and make over
all the particulars abovefaid; and that in fuch ample man-
ner and form, that the ſubjects of the moſt Chriſtian King
ſhall hereafter be excluded from all kind of fiſhing in the
faid feas, bays, and other places, on the coafts of Nova
Scotia, that is to fay, on thofe which lie towards the Eaft,
within 30 leagues, beginning from the island commonly
called Sable, inclufively, and thence ftretching along to-
wards the South weft.
XIII. The ifland called Newfoundland, with the adja-
cent iflands, fhall from this time forward, belong of right
wholly
( 36 )
!
wholly to Britain; and to that end the town and fortrefs of
Placentia, and whatever other places in the faid ifland, are
in the poffeffion of the French, fhall be yielded and given
up, within feven months from the exchange of the rati-
fications of this treaty, or fooner if poffible, by the moſt
Chriſtian King, to thofe who have a commiffion from the
Queen of Great Britain, for that purpoſe. Nor fhall the
moft Chriftian King, his heirs and fucceffors, or any of
their ſubjects, at any time hereafter, lay claim to any right
to the faid iſland and iſlands, or to any part of it, or them.
Moreover, it ſhall not be lawful for the fubjects of France,
to fortify any place in the faid ifland of Newfoundland, or
to erect any buildings there, befides ftages made of boards,
and huts neceffary and ufual for drying of fiſh; or to re-
fort to the faid ifland, beyond the time neceffary for fish-
ing, and drying of fifh. But it fhall be allowed to the fub-
jects of France, to catch fish, and to dry them on land, in
that part only, and in no other befides that, of the faid
ifland of Newfoundland, which ftretches from the place
called cape Bonavista, to the northern point of the faid
ifland, and from thence running down by the western
fide, reaches as far as the place called Point Riche. But
the ifland called Cape Breton, as alfo all others, both in
the mouth of the river of St. Lawrence, and in the gulph
of the fame name, fhall hereafter belong of right to the
French, and the moft Chriftian King fhall have all manner
of liberty to fortify any place, or places there.
XIV. It is exprefsly provided, that in all the faid places
and colonies to be yielded and reftored by the moft Chrif
tian King, in purſuance of this treaty, the ſubjects of the
faid King may have liberty to remove themfelves within
a year to any other place, as they fhall think fit, together
with all their moveable effects. But thofe who are willing
to remain there, and to be fubject to the kingdom of Great
Britain, are to enjoy the free exercife of their religion, aç-
cording to the ufage of the church of Rome, as far as the
laws of Great Britain do allow the fame.
XV. The fubjects o France inhabiting Canada, and
others, fhall hereafter gre no hindrance or moleftation to
the five nations or can ns of Indians, fubject to the do-
minion of Great Britan nor to the other natives of Ame-
iica,
1
( 37 )
1
rica, who are friends to the fame. In like manner, the
fubjects of Great Britain fhall behave themſelves peace-
ably towards the Americans who are fubjects or friends
to France; and on both fides they fhall enjoy full liberty
of going and coming on account of trade. As alfo the
natives of thoſe countries fhall, with the fame liberty, re-
fort, as they pleafe, to the Britiſh and French colonies,
for promoting trade on one fide, and the other, without
any moleſtation or hindrance, either on the part of the
Britiſh fubjects, or of the French. But it is to be exactly.
and diftinctly fettled by commiffaries, who are, and who
ought to be accounted the ſubjects and friends of Britain
or of France.
XVI. That all letters, as well of reprifal, as of mark
and counter-mark, which have hitherto on any account
been granted on either fide, be and remain null, void, and
of no effect; and that no letters of this kind be hereafter
granted by either of their faid Royal Majefties, againſt the
fubjects of the other, unless there thall have been plain
proof beforehand of a denial, or wrongful delay of juſtice;
and unless the petition of him, who defires the grant of
letters of reprifal, be exhibited and fhewn to the minifter,
who refides there in the name of that Prince, against
whofe fubjects thofe letters are demanded, that he within
the space of four months, or fooner, may make enquiry
to the contrary, or procure that fatisfaction be forthwith
given to the plaintiff by the party accufed. But in cafè
no minifter be refiding there from that Prince, against
whofe fubjects reprifals are demanded, that letters of repri-
fal be not granted till after the space of four months, to be
computed from the day whereon the petition was exhibited
and prefented to the Prince, against whoſe ſubjects reprifals
are defired, or to his Privy-council.
XVII. Whereas it is exprefsly ftipulated among the
conditions of the fufpenfion of arms, made between the
abovementioned contracting parties the day of Auguſt
11
laft paft, and afterwards prolonged for four months more,
in what cafes fhips, merchandizes, and other moveable.
effects, taken on either fide, fhould either become prize
to the captor, or be restored to the former proprietor; it
is therefore agreed, that in thofe cafes the conditions of
VOL. II.
D
the
( 38 )
the aforefaid fufpenfion of arms fhall remain in full force,
and that all things relating to fuch captures, made either
in the Britiſh and Northern feas, or in any other place,
ſhall be well and truly executed according to the tenor of
the fame.
XVIII. But in cafe it happens through inadvertency, or
imprudence, or any other caufe whatſoever, that any ſub-
ject of their aforefaid Royal Majefties do, or commit any
thing by land, by fea, or on fresh waters, in any part of
the world, whereby this preſent treaty be not obſerved, or
whereby any particular article of the fame hath not its
effect, this peace and good correfpondence between the
Queen of Great Brieain, and the moſt Chriſtian King, ſhall
not be therefore interrupted or broken, but fhall remain
in its former ftrength, force, and vigour. But that fub-
ject alone fhall be anfwerable for his own fact, and fhall
fuffer the punishment which is inflicted by the rules and
directions of the law of nations.
XIX. However, in cafe (which God Almighty forbid)
the diffentions which have been laid aſleep, ſhould at any
time be renewed, between their faid Royal Majefties, or
their fucceffors, and break out into open war, the fhips,
merchandizes, and all the effects both moveable and in-
moveable, on both fides, which fhall be fouund to be and
remain in the ports, and in the dominions of the adverfe
party, fhall not be confifcated, or any wife endamaged;
but the entire ſpace of fix months, to be reckoned from
the day of the rupture, fhall be allowed to the faid fub-
jects of each of their Royal Majefties, in which they may
fell the aforefaid things, or any part elfe of their effects,
or carry and remove them from thence whither they pleale,
without any moleftation, and retire from thence them-
felves.
XX. Juft and reafonable fatisfaction fhall be given to
all and fingular the allies of the Queen of Great Britain, in
thoſe matters which they have a right to demand from
France.
XXI. The moft Chriftian King will, in confideration
of the friendſhip of the Queen of Great Britain, grant,
that in making the treaty with the Empire, all things con-
cerning the ſtate of religion in the aforefaid Empire, thall
be
( 39
()
39 be ſettled conformable to the tenor of the treaties of Weſt-
phalia, ſo that it ſhall plainly appear, that the moſt Chri-
ftian King neither will have, nor would have had any al-
teration made in the faid treaties.
XXII. Moreover, the moft Chriftian King engages,
that he will forthwith, after the peace is made, caufe juf-
tice to be done to the family of Hamilton, concerning
the dukedom of Chatelraut; to the Duke of Richmond,
concerning fuch requeſts as he has to make in France, as
alfo to Charles Douglas, concerning certain lands to be
reclaimed by him, and to others.
XXIII. By the mutual confent of the Queen of Great
Britain, and of the moſt Chriſtian King, the fubjects of
each party, who were taken prifoners during the war, fhall
be fet at liberty, without any diftinction or ransom, paying
fuch debts as they fhall have contracted during the time of
their being prifoners.
XXIV. It is mutually agreed, that all and fingular the
conditions of the peace, made this day between his facred
royal moft Chriftian Majeſty, and his facred Royal Ma-
jeſty of Portugal, be confirmed by this treaty, and her fa-
cred Royal Majefty of Great Britain takes upon herſelf the
guaranty of the fame, to the end that it may be more
firmly and inviolably obſerved.
XXV. The treaty of peace made this day between his
facred royal moft Chriftian Majeſty, and his Royal High-
nefs the Duke of Savoy, is particularly included in this
treaty, as an effèntial part of it, and is confirmed by it, in
the fame manner as if it were word for word inferted
therein; her Royal Majefty of Great Britain declaring ex-
prefsly, that he will be bound by the ftipulations of fecu-
rity and guaranty promifed therein, as well as by thoſe
which he has formerly taken upon herſelf,
XXVI. The moft ferene King of Sweden, with his
kingdoms, dominions, provinces, and rights, as alfo the
Great Duke of Tufcany, the republic of Genoa, and the
Duke of Parma, are in the beft manner included in this
treaty.
XXVII. Their Majefties have also been pleafed to
comprehend, in this treaty, the Hans-Towns, namely, Lu-
beck, Bremen, and Hamburg, and the city of Dantzick,
D 2
with
( 40 )
with this effect, that as foon as the general peace fhall be
concluded, the Hans-Towns and the city of Dantzick may,
for the future, as common friends, enjoy the ancient ad-
vantages which they have heretofore had in the buſineſs of
trade, either by treaties, or by old cuſtom,
XXVIII. Thoſe ſhall be comprehended in this prefent
treaty of peace, who fhall be named by common confent,
on the one part and on the other, before the exchange of
the ratifications, or within fix months after.
XXIX. Laſtly, Solemn ratifications of this prefent
treaty, and made in due form, fhall be exhibited on both
fides at Utrecht, and mutually and duly exchanged within
the ſpace of four weeks, to be computed from the day of
the figning, or fooner, if poffible.
XXX. In witnefs whereof, we the underwritten Am-
baffadors Extraordinary and Plenipotentiaries of the Queen
of Great Britain, and of the moſt Chriſtian King, have
put our feals to theſe prefent inftruments, fubſcribed with
our own hands, at Utrecht the 11th day of March in the
year 1713.
(L. S.) Joh. Bristol, C. P. S.
(L. S.) Strafford.
I
April
(L. S.) Huxelles.
(L. S.) Mefnager.
Treaty of Navigation and Commerce between the Moft Serene
and Moft Potent Princess Anne, by the Grace of God,
Queen of Great Britain, France, and Ireland, and the
Moft Serene and Moft Potent Prince Lewis XIV. the Moft
Chriftian King; concluded at Utrecht the 31 Day of March
I.
ΤΙ
April
1713. Reprinted from the copy publifhed by the
Queen's fpecial command.
IT
T is agreed and concluded between the Moft Serene
and Moſt Potent Queen of Great Britain, and the
Moft Serene and Moft Potent the Moft Chriftian King, that
there ſhall be a reciprocal and entirely perfect liberty of
navigation and commerce, between the fubjects on each
part, through all and every the kingdoms, ftates, domi-
nions, and provinces of their Royal Majefties in Europe,
concerning
( 41 )
concerning all and fingular kinds of goods, in thofe places,
and on thoſe conditions, and in fuch manner and form,
as is fettled and adjuſted in the following articles.
II. But that the commerce and friendſhip between the
ſubjects of the abovefaid parties may be hereafter fecure,
and free from all trouble and moleftation, it is agreed and
concluded, that if at any time any ill underſtanding and
breach of friendſhip, or rupture ſhould happen between
the crowns of their Royal Majefties (which God forbid) in
fuch cafe the term of fix months fhall be allowed, after the
faid rupture, to the ſubjects and inhabitants on each part,
refiding in the dominions of the other, in which they them-
felves may retire, together with their families, goods,
merchandizes, and effects, and carry them whitherfoever
they fhall pleafe; as likewife at the fame time the felling
and difpofing of their goods, both moveable and immove-
able, fhall be allowed them freely, and without any dif
turbance; and in the mean time their goods, effects, wares,
and merchandizes, and particularly their perfons, fhall
not be detained or troubled by arreft or feizure: hut ra-
ther, in the mean while, the fubjects on each fide fhall
have and enjoy good and fpeedy juftice, fo that during
the faid ſpace of fix months, they may be able to recover
their goods and effects entrusted, as well to the public, as
to private perfons.
III. It is likewife agreed and concluded, that the ſub-
jects and inhabitants of the kingdoms, provinces, and do-
minions of each of their Royal Majefties, fhall exerciſe no
acts of hoſtility and violence against each other, neither by
ſea, nor by land, nor in rivers, ſtreams, ports, or havens,
under any colour or pretence whatfoever, fo that the fub-
jects of either party fhall receive no patent, commiffion,
or inſtruction, for arming and acting at fea as privateers,
nor letters of reprifal, as they are called, from any princes
or ftates, which are enemies to one fide or the other;
nor by virtue, or under colour of fuch patents, commif-
fions, or reprisals, fhall they difturb, infeft, or any way
prejudice or damage the aforefaid fubjects and inhabi-
tants of the Queen of Great Britain, or of the moft Chri-
ftian King; neither fhall they arm fhips in fuch manner as
is abovefaid, or go out to fea therewith. To which end,
D 3
as
( 42 )
ས
as often as it is required by either fide, ftrict and exprefs
prohibitions fhall be renewed and publiſhed in all the re-
gions, dominions, and territories of each party wherefoever,
that no one ſhall in any wife ufe fuch commiffions or let-
ters of reprifal, under the fevereft puniſhment that can be
inflicted on the tranfgreffors, befides reftitution and full
fatisfaction to be given to thofe, to whom they have done
any damage; neither fhall any letters of reprifal be here-
after granted on either fide by the faid confederates, to the
detriment or difadvantage of the fubjects of the other, ex-
cept in fuch cafe only as juftice is denied or delayed;
to which denial or delay, credit fhall not be given, unleſs
the petition of the perſon who defires the faid letters of re-
prifal be communicated to the Minifter refiding there on
the part of the Prince, against whofe fubjects they are to
be granted, that within the space of four months, or ſooner,
if it be poffible, he may evince the contrary, or procure
the performance of what is due to justice.
IV. The fubjects and inhabitants of each of the afore-
faid confederates, fhall have liberty, freely and ſecurely,
without licence or paffport, general or fpecial, by land or
by fea, or any other way, to go into the kingdoms, coun-
tries, provinces, lands, iflands, cities, villages, towns, walled
or unwalled, fortified or unfortified, ports, dominions,
or territories whatſoever, of the other confederate in Eu-
rope, there to enter, and to return from thence, to abide
there, or to paſs through the fame, and in the mean time
to buy and purchaſe as they pleafe, all things neceffary for
their ſubſiſtence and ufe, and they fhall be treated with all
mutual kindness and favour. Provided, however, that in
all theſe matters they behave and comport themſelves con-
formably to the laws and ftatutes, and live and converfe
with each other friendly and peaceably, and keep up re-
ciprocal concord by all manner of good underſtand-
ing.
V. The fubjects of each of their Royal Majefties may
have leave and licence to come with their fhips, as alfo
with the merchandizes and goods on board the fame (the
trade and importation whereof are not prohibited by the
laws of either kingdoms) to the lands, countries, cities,
ports, places, and rivers of either fide in Europe, to enter
into
( 43 )
(43
into the fame, to refort thereto, to remain and refide there,
without any limitation of time; alfo to hire houfes, or to
lodge with other people, and to buy all lawful kinds of
merchandizes, where they think fit, from the first work-
man or feller, or in any other manner, whether in the pub-
lic market for the fale of things, in mart-towns, fairs, or
wherefoever thofe goods are manufactured or fold; they
may likewife lay up and keep in their magazines and ware-
houſes, and from thence expofe to fale merchandizes
brought from other parts; neither fhall they be in any wife
obliged, unleſs willingly and of their own accord, to bring
their faid merchandizes to the marts and fairs, on this
condition, however, that they fhall not fell the farne by
retail in ſhops, or any where elſe. But they are not to be
loaded with any impofitions, or taxes, on account of the
faid freedom of trade, or for any other cauſe whatſoever,
except what are to be paid for their fhips and goods, ac-
cording to the laws and cuftoms received in each kingdom.
And moreover, they ſhall have free leave, without any mo-
leſtation, to remove themſelves; alfo if they fhall happen
to be married, their wives, children, and fervants, toge-
ther with their merchandizes, wares, goods, and effects,
either bought or imported, whenfoever and whitherfoever
they fhall think fit, out of the bounds of each kingdom,
by land and by fea, on the rivers and fresh waters, dif-
charging the ufual duties, notwithstanding any law, privi-
lege, grant, immunity, or custom, in any wife importing
the contrary. But in the buſineſs of religion, there fhall
be an entire liberty allowed to the fubjects of each of the
confederates, as alfo, if they are married, to their wives
and children, neither fhall they be compelled to go to the
churches, or to be prefent at the religious worſhip in any
other place. On the contrary, they may, without any kind
of moleſtation, perform their religious exercifes after their
own way, although it be forbid by the laws of the king-
dom, privately and within their own walls, and without
the admittance of any other petfons whatfoever. More-
over, liberty ſhall not be refuſed to bury the fubjects of
either party, who die in the territories of the other, in con-
venient and decent places, to be appointed for that pur-
pofe, as occafion fhall require; neither fhall the dead
D 4
bodies
(44
bodies of thofe that are buried be any ways molefted.
The laws and ftatutes of each kingdom fhall remain in
full force, and fhall be duly put in execution, whether
they relate to commerce and navigation, or to any other
right, thofe cafes only being excepted, concerning which
it is otherwife determined in the articles of this prefent
treaty.
VI. The fubjects of each party fhall pay the tolls, cuf-
toms, and duties of import and export through all the do-
minions and provinces of either party, as are due and ac-
cuſtomed. And, that it may be certainly known to every
one what are all the faid tolls, cuſtoms, and duties of im-
port and export, it is likewife agreed, that tables fhewing
the cuftoms, port-duties, and impofts, fhall be kept in
public places, both at London, and in other towns within
the dominions of the Queen of Great Britain, and at Roan,
and other towns of France, where trading is ufed, where-
unto recourfe may be had, as often as any queftion or dif
pute arifes concerning fuch port-duties, cuftoms, and im-
pofts, which are to be demanded in fuch manner, and no
otherwife, as fhall be agreeable to the plain words, and ge-
nuine ſenſe of the abovefaid tables. And if any officer,
or other perfon in his name, fhall, under any pretence,
publicly or privately, directly or indirectly, afk or take of
a merchant, or of any other perfon, any fum of money,
or any thing elſe on account of right, dues, ftipend, ex-
hibition, or compenfation, although it be under the name
of a free gift, or in any other manner, cr under any other
pretence, more, or otherwife, than what is prefcribed
above, in ſuch caſe the faid officer, or his deputy, if he be
found guilty, and convicted of the fame before a compe-
tent judge, in the country where the crime was com-
nitted, fhall give full fatisfaction to the party that is
wronged, and fhall likewife be punished according to the
direction of the laws.
VII. Merchants, mafters of fhips, owners, mariners,
men of all kinds, fhips, and all merchandizes in general,
and effects of one of the confederates, and of his fubjects
and inhabitants, fhall on no public or private account, by
virtue of any general or fpecial edict, be feized in any the
lands, ports, havens, fhores, or dominions whatſoever of
the
( 45 )
the other confederate for puplic ufe, for warlike expe-
ditions, or for any other cauſe, much leſs for the private
ufe of any one, fhall they be detained by arrefts, com-
pelled by violence, or under any colour thereof, or in any
wife moleſted or injured. Moreover, it fhall be unlawful
for the fubjects of both parties, to take any thing, or to
extort it by force, except the perſon to whom it belongs
confent, and it be paid for with ready money. Which,
however is not to be underſtood of that detention and
feizure which ſhall be made by the command and autho-
rity of juſtice, and by the ordinary methods, on account
of debt, or crimes, in refpect whereof the proceeding muſt
be by way of law, according to the form of juftice.
VIII. Furthermore, it is agreed and concluded as a
general rule, that all and fingular the fubjects of the moſt
ferene Queen of Great Britain, and of the moft ferene
the moſt Chriſtian King, in all countries and places fub-
ject to their power on each fide, as to all duties, impofi-
tions, or cuftoms whatfoever, concerning perfons, goods
and merchandizes, fhips, freights, feamen, navigation and
commerce, fhall ufe and enjoy the fame privileges, li-
berties, and immunities at leaſt, and have the like favour
in all things, as well in the courts of justice, as in all ſuch
things as relate either to commerce, or to any other right
whatever, with any foreign nation, the most favoured,
has, uſes, and enjoys, or may hereafter have, ufe, and
enjoy.
IX. It is further agreed, that within the fpace of two
months after a law fhall be made in Great Britain, where-
by it ſhall be fufficiently provided, that no more cuftoms
or duties be paid for goods and merchandifes brought
from France to Great Britain, than what are payable for
goods and merchandizes of the like nature, imported into
Great Britain, from any other country in Eurpe; and
that all laws made in Great Britain fince the year 1664,
for prohibiting the importation of any goods and mer-
chandizes coming from France, which are not prohibit-
ed before that time, be repealed, the general tariff made
in France the 18th day of September, in the year 1664,
fhall take place there again, and the duties payable in
France by the fubjects of Great Britain, for goods im-
ported
( 46 )
ported and exported, fhall be paid according to the tenor of
the tariff abovementioned, and fhall not exceed the rule
therein fettled, in the provinces whereof mention is there
made, and in the other provinces the duty ſhall not be
payable, otherwife than according to the rule at that time
prefcribed; and all prohibitions, tariffs, edicts, declarati-
ons or decrees, made in France fince the faid tariff of
the year 1664, and contrary thereto in respect to the
goods and merchandizes of Great Britain, fhall be repeal-
ed. But whereas it is urged on the part of France, that
certain merchandizes, that is to fay, manufactures of wool,
fugar, falted fiſh, and the product of whales, be excepted
out of the rule of the abovementioned tariff, and likewife
other heads of matters belonging to this treaty remain,
which having been propofed on the part of Great Britain,
have not yet been mutually adjufted, a fpecification of all
which is contained in a feperate inftrument fubfcribed by
the Ambaffadors Extraordinary and Plenipotentiaries on
both fides; it is hereby provided and agreed, that within
two months from the exchange of the ratifications of this
treaty, commiffaries on both fides fhall meet at London,
to confider of and remove the difficulties concerning the
merchandizes to be excepted out of the tariff of the year
1664, and concerning the other heads, which, as is above-
faid, are not yet wholly adjusted. And at the fame time
the faid Commiffaries fhall likewiſe endeavour, (which feems
to be very much for the intereft of both nations) to have.
the methods of commerce on one part, and of the other,
more thoroughly examined, and to find out and eftablifh
juft and beneficial means on both fides for removing the
difficulties in this matter, and for regulating the duties mu-
tually. But it is always underflood and provided, that all
and fingular the articles of this treaty, do in the mean
while remain in their full force, and efpecially that nothing
be deemed, under any pretence whatfoever, to hinder the
benefit of the general tariff of the year 1664, from being
granted to the fubjects of her royal Majefty of Great Bri-
tain, and the faid British fubjects, from having and enjoy-
ing the fame, without any delay or tergiverfation, within
the ſpace of two months after a law is made in Great Bri-
tain, as abovefaid, in as ample manner and form as the
fubjects
( 47 )
fubjects of any nation, the moſt favoured might have
and enjoy the benefit of the aforefaid tariff, any thing to
be done or difcuffed by the faid commiffioners, to the con-
trary in any wife notwithſtanding.
X. The duties on tobacco, imported into France, either
in the leaf, or prepared, fhall be reduced hereafter to the
fame moderate rate as the fame tobacco, of the growth of
any country in Europe or America being brought into
France, does or fhall pay. The fubjects on both fides
fhall alfo pay the fame duties in France for the faid to-
bacco; there fhall be likewife an equal liberty of felling
it; and the British fubjects fhall have the fame laws as the
merchants of France themſelves have and enjoy.
XI. It is likewife concluded, that the impofition or tax-
of 50 Sols Tournois, laid on Britiſh thips in France for
every tun, fhall wholly ceaſe, and be from henceforward
annulled. In like manner the tax of five fhillings fterling,
laid on French fhips in Great Britain for every tun, ſhall
ceafe; neither ſhall the fame, or any the like impofi-
tions, be laid hereafter on the fhips of the fubjects on
either fide.
XII. It is further agreed and concluded, that it fhall
be wholly free for all merchants, commanders of fhips,
and other the fubjects of the Queen of Great Britain, in
all places of France, to manage their own Bufinefs them-
felves, or to commit them to the management of whomſo-
ever they pleaſe, nor fhall they be obliged to make uſe of
any interpreter, or broker, nor to pay them any falary,
unless they chufe to make ufe of them. Moreover maf-
ters of fhips fhall not be obliged, in loading or unloading
their fhips, to make ufe of thofe workmen, either at
Bourdeaux, or in any other places, as may be appointed
by public authority for that purpofe; but it fhall be en-
tirely free for them to load or unload their fhips by them-
felves, or to make use of fuch perfons in loading or un-
loading the fame, as they fhall think fit, without the pay-
ment of any falary to any other whomfoever; neither fhall
they be forced to unload any fort of merchandizes, either
into other fhips, or to receive them into their own, or
to wait for their being loaded longer than they pleaſe.
And all and every the ſubjects of the moſt Chriſtian King,
fhall
(48)
fhall reciprocally have and enjoy the fame privileges and
liberty, in all places in Europe fubject to the dominion of
Great Britain.
XIII. It fhall be wholly lawful and free for merchants.
and others, being fubjects either to the Queen of Great Bri-
tain, or to the moft Chriftian King, by will, and any other
difpofition made, either during the time of fick nefs, or at
any other time before, or at the point of death, to devife
or give away their merchandizes, effects, money, debts,
belonging to them, and all moveable goods, which they
have, or ought to have at the time of their death, within
the dominions, and any other places belonging to the Queen
of Great Britain, and to the moft Chriftian King. More-
over, whether they die, having made their will, or intef
tate, their lawful heirs and executors, or adminiftrators,
refiding in either of the kingdoms, or coming from any
other part, although they be not naturalized, ſhall freely
and quietly receive and take poffeffion of all the faid goods
and effects whatfoever, according to the laws of Great
Britain and France refpectively; in fuch manner however,
that the wills and rights of entering upon the inheritances.
of perfons inteftate, must be proved according to law, as
well by the fubjects of the Queen of Great Britain, as by
the fubjects of the moft Chriftian King, in thofe places
where each perfon died, whether that may happen in Great
Britain, or in France, any law, ftatute, edict, cuſtom,
or Droit d' Aubene whatever to the contrary notwith-
standing.
XIV. A diſpute arifing between any commander of
the fhips on both fides, and his feamen in any port of the
other party, concerning wages due to the faid feamen, or
other civil caufes, the magiftrate of the place fhall require
no more from the perfon accufed, than that he give to the
accufer a declaration in writing, witneffed by the magif
trate, whereby he fhall be bound to anfwer that mat-
ter before a competent judge in his own country,
which being done, it fhall not be lawful either for the ſea-
men to defert their fhip, or to hinder the commander
from profecuting his voyage. It fhall moreover be lawful
for the merchants on both fides, in the places of their
abode, or elſewhere, to keep books of their accounts, and
affairs,
( 49 )
affairs, as they fhall think fit, and to have an intercourfe
of letters, in fuch language or idiom, as they fhall pleafe,
without any moleftation or fearch whatfoever. But if it
fhould happen to be neceffary for them to produce their
books of accounts for deciding any difpute or controver-
fy, in fuch cafe they fhall be obliged to bring into court
the entire books or writings, but fo as that the judge may
not have liberty to inspect any other articles in the faid
books, than fuch as fhall relate to the teftimony or au-
thority in queſtion, or fuch as fhall be neceffary to give
credit to the faid books; neither fhall it be lawful, under
any pretence, to take the faid books or writings forcibly
out of the hands of the owners, or to retain them; the
cafe of bankruptcy only excepted: neither fhall the faid
fubjects of the Queen of Great Britain be obliged to
write their accounts, copies of letters, acts or inftruments
relating to trade, on ftamped paper, in French, Papier
Timbre, except their day-book, which, that it may be pro-
duced as evidence in any law-fuit, ought, according to
the laws, which all perfons trading in France are to ob-
ſerve, to be fubfcribed gratis by the judge, and figned
with his own hand.
XV. It ſhall not be lawful for any foreign privateers,
not being fubjects of one or the other of the confederates,
who have commiffions from any other prince or ftate,
in enmity with either nation, to fit their fhips in the ports
of one or the other of the aforefaid parties, to fell what
they have taken, or in any other manner whatever to ex-
change either ſhips, merchandizes, or any other ladings;
neither fhall they be allowed even to purchaſe victuals,
except fuch as fhall be neceffary for their going to the
next port of that prince from whom they have com-
miffions.
XVI. The hips of both parties being laden, failing a-
long the coafls or fhores of the other, and being forced
by form into the havens or ports, or coming to land in
any other manner, fhall not be obliged there to unlade
their goods, or any part thereof, or to pay any duty,
unless they do, of their own accord, unlade their goods
there, or difpole of any part of their lading: but it may
be lawful to take out of the hip, and to fell, leave being
frit
( 50 )
i
firft obtained from thofe who have the infpection of fea
affairs, a ſmall part of their lading, for this end only, that
neceffaties, either for the refreſhment or victualing of the
ſhip may be purchaſed; and in that cafe the whole lading
of the fhip fhall not be fubject to pay the duties, but that
fmall part only which has been taken out and fold.
XVII. It fhall be lawful for all and fingular the ſub-
jects of the Queen of Great Britain, and of the moft Chrif
tian King, to fail with their fhips with all manner of li
berty and fecurity, no diftinction being made, who are
the proprietors of the merchandizes laden thereon, from
any port to the places of thoſe who are now, or ſhall be
hereafter at enmity with the Queen of Great Britain, or
the moſt Chriſtian King; it fhall likewife be lawful for
the fubjects and inhabitants aforefaid, to fail with the ſhips
and merchandizes aforementioned, and to trade with the
fame liberty and fecurity from the places, ports, and ha-
vens of thoſe who are enemies of both, or of either par.
ty, without any oppofition or diſturbance whatſoever, not
only directly from the places of the enemy aforemention-
ed to neutral places, but alfo from one place belonging to
an enemy, to anothar place belonging to an enemy, whe-
ther they be under the jurifdiction of the fame prince, or
under feveral. And it is now ftipulated concerning fhips
and goods, that free fhips fhall alfo give a freedom to goods,
and that every thing thall be deemed to be free and ex-
empt, which fhall be found on board the fhips belonging
to the fubjects of either of the confederates, although the
whole lading, or any part thereof, fhould appertain to the
enemies of either of their Majefties, contraband goods be-
ing always excepted, on the difcovery whereof matters
fhall be managed according to the fenfe of the fubfequent
articles. It is alfo agreed in like manner, that the fame
liberty be extended to perfons who are on board a free
fhip, with this effect, that although they be enemies to
both, or either party, they are not to be taken out of
that free ſhip, unleſs they are foldiers, and in actual fer-
vice of the enemies.
XVIII. The liberty of navigation and commerce ſhall
extend to all kinds of merchandizes, excepting thoſe only
which
( 51 )
which follow in the next article, and which are-fignified by
the name of contraband.
XIX. Under, this name of contraband, or prohibited
goods, fhall be comprehended, arms, great guns, bombs,
with their fufees and other things belonging to them
fire-balls, gunpowder, match, cannon-ball, pikes, fwords,
lances, fpears, halberds, morters, petards, granadoes, falt-
petre, mufkets, mufket-ball, helmets, head-pieces, breaſt-
plates, coats of mail, and the like kinds of arms, proper
for arming foldiers, mufket-refts, belts, horfes with their
furniture, and all other warlike inftruments whatever.
XX. Theſe merchandizes which follow fhall not be
reckoned among prohibited goods, that is to fay, all forts
of clothes, and all other manufactures woven of any
wool, flax, filk, cotton, or any other materials whatever;
all kinds of clothes and wearing apparel, together with the
fpecies whereof they are ufed to be made; gold and filver,
as well coined as uncoined, tin, iron, lead, copper, brass,
coals; as alfo wheat and barley, and any other kind of
corn, and pulfe; tobacco, and likewife all manner of fpices,
falted and fmoaked fleſh, falted fish, cheeſe and butter,
beer, oils, wines, fugars, and all forts of falt, and, in ge-
neral, all provifions which ferve for the nourishment of
mankind, and the fuftenance of life. Furthermore, all
kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails,
failcloths, anchors, and any parts of anchors; alfo fhip-
mafts, planks, boards and beams of what trees foever;
and all other things proper either for building or repairing
fhips; and all other goods whatever, which have not been
worked into the form of any inftrument, or thing pre-
pared for war, by land or by fea, fhall not be reputed
contraband, much lefs fuch as have been already wrought
and made up for any other ufe; all which fhall wholly be
reckoned among free goods, as likewife all other merchan-
dizes and things which are not comprehended, and par-
ticularly mentioned in the preceding article, fo that they
may be tranfported, and carried in the freeft manner by
the fubjects of both confederates, even to places belong-
ing to an enemy, fuch towns or places being only except-
ed, as are at that time befieged, blocked up round abour,
or inveiled.
XXI. To
( 52 )
XXI. To the end that all manner of dffentions and
quarrels may be avoided and prevented on one fide, and
the other, it is agreed, that in cafe either of their royal
Majefties who are allied, fhould be engaged in war, the
ſhips and veffels belonging to the fubjects of the other ally,
muſt be furniſhed with fea-letters or paffports, expreffing
the name, property, and bulk of the fhip, as alfo the
name of the place of habitation of the mafter or command-
er of the faid fhip, that it may appear thereby, that the
ſhip really and truly belongs to the fubjects of one of the
princes; which paffports fhall be made out and granted,
according to the form annexed to this treaty; they fhall
likewife be recalled every year, that is, if the fhip happens
to return home within the ſpace of a year. It is likewife
agreed, that ſuch ſhips being laden, are to be provided,
not only, with paffports, as abovementioned, but alſo with
certificates containing the feveral particulars of the cargo,
the place whence the ſhip failed, and whither ſhe is bound,
that fo it may be known, whether any forbidden or contra-
band goods, as are enumerated in the 19th article of this
treaty, be on board the fame, which certificates ſhall be
made out by the officers of the place whence the fhip fet
fail, in the accuſtomed form. And if any one ſhall think
it fit, or advisable, to exprefs in the faid certificates, the
perfon to whom they belong, he may freely do fo.
XXII. The ſhips of the fubjects and inhabitants of
both their most ferene royal Majefties, coming to any of
the fea-coafts within the dominions of either of the confe-
derates, but not willing to enter into port, or being enter
ed, yet not being willing to fhew or to fell the cargoes
of their fhips, fhall not be obliged to give an account of
their lading, unleſs they are fufpected upon fure evidence,
of carrying to the enemies of the other confederate prohi-
bited goods, called contraband.
XXIII. And in cafe of the faid manifeſt fufpicion, the
faid fubjects and inhabitants of the dominions of both their
moft ferene royal Majefties, fhall be obliged to exhibit in
the ports their paffports and certificates, in the manner be-
fore fpecified.
XXIV. But in cafe the fhips of the fubjects and inha-
bitants of both their moft ferene royal Majefties, either on
the
( 53 )
the fea-coaft, or on the high feas, fhall meet with the men
of war of the other, or with privateers, the faid men of
war and privateers, for preventing any inconveniencies,
are to remain out of cannon-fhot, and to fend a boat to
the merchant-fhip, which has been met with, and ſhall
enter her with two or three men only, to whom the maſter
or commander of fuch fhip or veffel fhall fhew his paff-
port, concerning the property thereof, made out according
to the form annexed to this prefent treaty; and the ſhip
which fhall exhibit one, fhall have free paffage, and it
fhall be wholly unlawful any way to moleft her, fearch,
or compel her to quit her intended courfe.
XXV. But that merchant fhips of the other party,
which intends to go to a port at enmity with the other
confederate, or concerning whoſe voyage, and the fort of
goods on board, there may be juft fufpicion, fhall be
obliged to exhibit, either on the high feas, or in the ports
and havens, not only her paffports, but her certificates,
expreffing that they are not of the kind of goods prohi-
bited, which are ſpecified in the 19th article.
XXVI. But if one party, on the exhibiting the above-
faid certificates, mentioning the particulars of the things
on board, fhould difcover any goods of that kind which
are declared contraband or prohibited by the 19th article
of this treaty, defigned for a port fubject to the enemy of
the other, it ſhall be unlawful to break up the hatches of
that ſhip, wherein the fame fhall happen to be found, whe-
ther the belong to the fubjects of Great Britain, or of
France, to open the chefts, packs, or caſks therein, or to
remove even the finalleft parcel of the goods, unless the
lading be brought on fhore, in the prefence of the officers
of the court of Admiralty, and an inventory thereof made;
but there ſhall be no allowance to fell, exchange, or alie-
nate the fame in any manner, unlefs after that due and
lawful procefs fhall have been had againſt fuch prohibited
goods, and the judges of the Admiralty refpectively fhall,
by a ſentence pronounced, have confifcated the fame, fav-
ing always as well the ſhip itſelf, as the other goods found
therein, which by this treaty are to be efteemed free; nei-
ther may they be detained on pretence of their being, as
it were, infected by the prohibited goods, much lefs fhall
VOL. II.
E
they
( 54 )
they be confifcated as lawful prize: but if not the whole
cargo, but only part thereof, fhall confift of prohibited or
contraband goods, and the commander of the ſhip fhall
be ready and willing to deliver them to the captor, who
has difcovered them, in fuch caſe the captor having re-
ceived thoſe goods, fhall forthwith diſcharge the fhip,
and not hinder her, by any means, freely to profecute
the voyage on which fhe was bound.
XXVII. On the contrary it is agreed, that whatever
ſhall be found to be laden by the ſubjects and inhabitants
of either party, on any fhip belonging to the enemy of
the other, and his fubjects the whole, although it be not
of the fort of prohibited goods, may be confiſcated, in
the fame mrnner as if it belonged to the enemy himſelf;
except thofe goods and merchandizes as were put on
board fuch fhip before the declaration of war, or even af-
ter fuch declaration, if fo be it were done within the time
and limits following: that is to fay, if they were put on
board fuch fhip, in any port and place within the ſpace of
fix weeks after fuch declaration, within the bounds called
the Naze in Norway, and the Soundings; of two months
from the Soundings to the city of Gibraltar; of ten weeks
in the Mediterranean Sea; and of eight months in any
other country or place in the world; fo that the goods of
the fubjects of either prince, whether they be of the nature
of fuch as are prohibited, or otherwife, which, as is afore-
faid, were put on board any fhip belonging to an enemy
before the war, or after the declaration of the fame, with-
in the time and limits abovefaid, fhall no ways be liable
to confifcation, but fhall well and truly be reftored, with-
out delay, to the proprietors demanding the fame; but
fo as that if the faid merchandizes be contraband, it fhall
not be any ways lawful to carry them afterwards to the
ports belonging to the enemy.
XXVIII. And that more abundant care may be taken
for the fecurity of the fubjects of both their moſt ferene
royal Majefties, that they fuffer no injury by the men of
war or privateers of the other party, all the commanders
of the ſhips of the Queen of Great Britain, and of the
moſt Chriſtian King, and all their fubjects, fhall be forbid
doing any injury or damage to the other fide; and if they
act
( 55 )
act to the contrary, they fhall be punished, and fhall
moreover be bound to make fatisfaction for all cauſe of
damage, and the intereft thereof, by reparation, under
the bond and obligation of their perfon and goods.
XXIX. For this caufe all commanders of privateers,
before they receive their patents, or ſpecial commiffions,
ſhall hereafter be obliged to give, before a competent
judge, fufficient fecurity by good bail, who are men able
to pay, and have no intereft in the faid fhip, and are each
bound in the whole, for the fum of 1500l. fterling, or
16500 Livres Tournois; or if fuch fhip be provided with
above one hundred and fifty feamen or foldiers, for the
fum of 3000l. fterling, or 33000 Livres Tournois, that
they will make entire fatisfaction for any damages and
injuries whatſoever, which they, or their officers, or others
in their fervice, commit during their courſe at fea, con-
trary to this prefent treaty, or the edicts of either of their
moft ferene royal Majefties, publiſhed by virtue there-
of; under penalty likewife of having their ſpecial com→
miffions and patents revoked and annulled.
XXX. Both the abovenamed royal Majefties being
willing to fhew a mutual and equal favour in all their
dominions reſpectively, to the fubjects of each other, in
the fame manner as if they were their own fubjects, will
give fuch orders as fhall be neceffary and effectual, that
juſtice be adminiſtered concerning prizes in the court of
Admiralty, according to the rule of equity and right, and
the articles of this treaty, by judges who are above all
fufpicion, and who have no manner of intereft in the
caufe in difpute.
XXXI. Whenfoever the Ambaffadors of each of their
royal Majefties abovenamed, and other their miniſters,
having a public character, and refiding in the court of
the other Prince, fhall complain of the unjuftnefs of the
fentences which have been given, their Majefties on each
fide fhall take care, that the fame be revifed and re-exa-
mined in their refpective councils, that it may appear
whether the directions and provifions prefcribed in this
treaty have been obferved, and have had their due effect:
they fhall likewife take care, that this matter bè effectu-
ally provided for, and that right be done to every com→
E 2
+
plainant
( 56 )
plainant within the fpace of three months. However,
before or after judgment given, the reviſion thereof ſtill
depending, for the avoiding of all damage, it ſhall not
be lawful to fell the goods in difpute, or to unlade them,
unlefs with the confent of the perfons concerned.
XXXII. A fuit being commenced between the captors
of prizes on one part, and the reclaimers of the fame on
the other, and a fentence or decree being given in favour
of the reclaimer, that fame ſentence or decree, fecurity
being given, fhall be put in execution, the appeal of the
captor to a fuperior judge in any wife notwithſtanding;
which, however, is not to be obſerved when judgment has
been given againſt the reclaimer.
XXXIII. In cafe that either fhips of war, or merchant-
men, forced by form, or other misfortune, be driven on
rocks or ſhelves on the coafts of one or the other party,
and are there broken to pieces and fhip-wrecked, what-
ever part of the fhips, or tackling thereof, as alfo of the
goods and merchandizes fhall be faved, or the produce
thereof, fhall be faithfully reftored to the proprietors, re-
claimers, or their factors, paying only the expences of
preferving the fame, in fuch manner as it may be ſettled
on both fides concerning the rate of falvage: faving, at
the fame time, the rights and cuftoms of each nation:
and both their moft ferene royal Majefties will interpofe
their authority, that fuch of their fubjects may be ſeverely
puniſhed, who in the like accident fhall be found guilty
of inhumanity.
XXXIV. It ſhall be free for the fubjects of each party,
to employ fuch advocates, attornies, notaries, folicitors,
and factors, as they ſhall think fit; to which end the ſaid
advocates, and others abovementioned, may be appointed
by the ordinary judges, if it be needful, and the judges
be required thereunto.
XXXV. And that commerce and navigation may be
more fecurely and freely followed, it is further agreed,
that neither the Queen of Great Britain, nor the moſt
Chriſtian King, ſhall receive any pirates and robbers, into
any of their ports, havens, cities or towns, neither ſhall
they permit them to be received into their ports to be
protected or affifted, by any manner of harbouring, or
fupport,
( 57 )
ſupport, by any the ſubjects or inhabitants of either of
them; but they fhall rather caufe all fuch pirates and fea-
robbers, or whoever fhall receive, conceal, or affift them,
to be apprehended and puniſhed as they deferve, for a
terror and example to others. And all the fhips, goods,
or merchandizes, being piratically taken by them, and
brought into the ports of the kingdom of either, as
much as can be found, although they have by fale been
conveyed to others, fhall be reſtored to the lawful owners,
or their deputies, having inftruments of delegation, and
an authority of procuration for reclaiming the fame; and
indemnifation fhall be made, proper evidence being firſt
given in the court of Admiralty, for proving the property.
And all fhips and merchandizes, of what nature foever,
which can be refcued out of their hands on the high feas,
fhall be brought into fome port of either kingdom, and
ſhall be delivered to the cuftody of the officers of that
port, with this intention, that they be delivered entire to
the true proprietor, as foon as due and fufficient proof
ſhall have been made concerning the property thereof.
XXXVI. It fhall be lawful, as well for rhe ſhips of war
of both their moſt ferene royal Majefties, as for priva-
teers, to carry whitherfoever they pleaſe, the ſhips and
goods taken from their enemies, neither fhall they be
obliged to pay any thing to the officers of the Admiralty,
or to any other judges, nor fhall the aforementioned
'prizes, when they come to and enter the ports of either of
their moſt ferene royal Majeſties, be detained by arreſt,
neither ſhall ſearchers, or other officers of thoſe places,
make examination concerning them, or the validity there-
of; but rather they ſhall have liberty to hoift fail at any
time, to depart, and to carry their prizes to that place,
which is mentioned in their commiffion of patent, which
the commanders of fuch fhips of war fhall be obliged to
fhew on the contrary, no fhelter or refuge fhall be given
in their ports to fuch as have made a prize upon the ſub-
jects of either of their Royal Majefties. And if perchance
fuch fhips fhall come in, being forced by ſtreſs of weather,
or the danger of the fea, particular care fhall be taken,
as far as it is not repugnant to former treaties made with
E 3
other
( 58 )
}
other Kings and States) that they go from thence, and
retire elſewhere, as foon as poffible.
XXXVII. Neither of their moft ferene royal Majef
ties fhall permit that the fhips or goods of the other be
taken upon the coafts, or in the ports, or rivers of their
dominions, by ſhips of war, or others having commiffion
from any prince, commonwealth, or town whatſoever,
And in cafe fuch a thing fhould happen, both parties fhall
uſe their authority and united force, that the damage
done be made good.
XXXVIII. If hereafter it fhall happen through inad-
vertency, or otherwife, that any contraventions, or incon-
veniencies on either fide arife concerning the obfervation of
this treaty, the friendſhip and good intelligence ſhall not
immediately thereupon be broke off; but this treaty fhall
fubfift in all its force, and a proper remedy for removing
the inconveniencies fhall be procured, as likewife repara-
tion of the contraventions; and if the ſubjects of the one
or the other be found in fault, they only fhall be feverely
puniſhed and chaſtized.
XXXIX. But if it ſhall appear that a captor made uſe
of any kind of torture upon the mafter of the ſhip, the
thip's crew, or others who fhall be on board any fhip be-
longing to the fubjects of the other party; in fuch cafe,
not only the ship itſelf, together with the perfons, mer-
chandizes, and goods whatſoever, fhall be forthwith releaf-
ed without any further delay, and fet entirely free, but alſo
fuch as fhall be found guilty of fo great a crime, as alfa
the acceffaries thereunto, fhall fuffer the moſt ſevere pu-
nishment, fuitable to their crime; this the Queen of
Great Britain, and the moft Chriftian King, do mutually
engage fhall be done, without any refpect of perfons.
Form of the Pasports to be desired of, and given by the Lord
High Admiral of Great Britain, &c. or by the Lords Com-
miffioners for executing the Office of High Admiral of Great
Britain, &c. according to the Direction of the 21ft Article
of this Taeaty.
O all to whom thefe prefents fhall come, greeting.
High Admiral of Great Britain, &c.
Towe
We
(or)
}
( 59 )
(or) We
commiffioners for executing the of-
fice of High Admiral of Great Britain, &c. do make
known and teftify by theſe preſents, that A. B.
C.
of
the ufual place of his dwelling, mafter or
commander of the fhip called D.
appeared before
us, and declared by folemn oath, (or) produced a certifi-
cate under the feal of the magiftrate, or of the officers of
the cuſtoms of the town and port of E.
day of the month of
Dated the
in the year of our
Lord 17
of and concerning the oath made before
them, that the ſaid ſhip and veſſel D. burthen
tons,
whereof he himſelf is at this time mafter or commander,
doth really and truly belong to the ſubjects of her moſt ſe-
rene Majeſty our moſt gracious Sovereign. And whereas
it would be moft acceptable to us, that the faid mafter or
commander ſhould be affifted in the affairs wherein he is
juſtly and honeſtly employed, we defire you, and all and
every of you, that wherefoever the faid mafter or com-
mander fhall bring his fhip, and the goods on board
thereof, you would cauſe him to be kindly received, to be
civily treated, and in paying the lawful and accuſtomed
duties, and other things, to be admitted to enter, to re-
main in, to depart out of your ports, rivers, and domi-
nions, and to enjoy all manner of right, and all kind of
navigation, traffic, and commerce, in all places where he
fhall think it proper and convenient. For which we ſhall
always be moſt willing and ready to make returns to you.
in a grateful manner. In witnefs and confirmation whereof,
we have figned thefe prefents, and caufed our feal to be
put thereunto.
month of
Given at
in the year 17
the
day of the
Form of the Certificates to be required of, and to be given by
the Magiftrate, or Officers of the Customs of the Town and
Port, in their refpeftive Towns and Ports, to the Ships and
Veffels which fail from thence, according to the direction of
the 1ft Article of this prefent Treaty.
WE
E A. B.
magiftrate (or) officers of the
cuſtoms of the town and port of C.
do
certify and atteft, that on the
day of the month
E 4
of
( 60 )
of
in the year of our Lord 17
D. E. of F.
perfonally appeared before us, and declared by
a folemn oath, that the fhip or veffel called G.
of
about tons, whereof H. I. of K. his ufual place of
habitation, is mafter or commander, does rightfully and
properly belong to him and others, fubjects of her moft
ferene Majefty, our moft gracious Sovereign, and to them
alone that he is now bound from the port of L.
to the port of M.
laden with the goods and mer-
chandizes hereunder particularly defcribed and enume-
rated, that is to fay, as follows:
In witneſs whereof we have figned this certificate, and
fealed it with the feal of our office. Given the
day of the month of
in the year of our Lord 17
Form of the Paffports and Letters, which are to be given in
the Admiralty of France, to the Ships and Barks, which
Shall go from thence, according to the 21st Article of this
prefent Treaty.
burthen
and laden with
of
and
after that his
EWIS, Count of Thouloufe, Admiral of France, to
all who fhall fee theſe prefents, greeting. We make
known, that we have given leave and permiſſion to
mafter and commander of the fhip called
the town of
tons, or thereabouts,
lying at preſent in the port and haven of
bound for
thip has been vifited, and before failing, he fhall make
oath before the officers, who have the jurifdiction of ma-
ritime affairs, that the faid fhip belongs to one or more of
the ſubjects of his Majefty, the act whereof fhall be put at
the end of thefe prefents, as likewife that he will keep,
and caufe to be kept by his crew on board, the marine or-
dinances and regulations, and enter in the proper office a
lift figned and witneffed, containing the names and fur-
names, the places of birth and abode of the crew of his
hip, and of all who fhall embark on board her, whom he
hall not take on board, without the knowledge and per-
miffion of the officers of the marine; and in every port or
haven where he shall enter with his fhip, he ſhall fhew this
prefent leave to the officers and judges of the marine,
and
( 61 )
and fhall give a faithful account to them of what paffed
and was done during his voyage. And he fhall carry the
colours, arms, and enfigns of the king, and of us during his
voyage. In witneſs whereof we have figned theſe preſents,
and put the feal of our arms thereunto, and caufed the
fame to be counterfigned by our fecretary of the marine at
day of
figned
LEWIS, Count of Thouloufe, and underneath by
WE
the
that
17
Form of the A& containing the Qath.
of the Admiralty of
do certify,
maſter of the ſhip named in the
above paffport, has taken the oath mentioned therein.
Done at
the
day of
17
XL. The preſent treaty fhall be ratified by the Queen
of Great Britain, and by the moſt Chriſtian King, and
the ratifications thereof fhall be duly exchanged at Utrecht
within four weeks, or fooner, if poſſible.
XLI. In witneſs whereof we, the underwritten ambaſ-
fadors extraordinary and plenipotentiaries of the Queen
of Great Britain, and of the moſt Chriſtian King, have ſet
our hands and feals to this preſent treaty, at Utrecht the
1 day of March in the year of our Lord 1713.
3 I
B
April
(L. S.) Joh. Bristol, C. P. S.
(L. S.) Strafford.
(L. S.) Huxelles.
(L. S.) Mefnager.
E it known unto all men, that whereas in the 9th ar-
ticle of the treaty of commerce, concluded this day
between the moſt ferene Queen of Great Britain, and the
moſt ferene the moft Chriftian King, by their Majefties
ambaffadors extraordinary, and plenipotentiaries, men-
tion is made of fome heads of matters, which being pro-
poſed on the part of Great Britain, have not as yet been
mutually adjuſted; and therefore it was thought fit to
refer them to be difcuffed and determined by commif-
fioners we therefore the underwritten ambaffadors, that
it may certainly appear what are thoſe heads of matters
which are to be referred to commiffioners, have refolved
to
4
( 62 )
ง
to give a particular defcription of them in this writing;
declaring that they are the fame, and no other than what
follow:
1.
No
manufactures of either kingdom, and the domi-
nions belonging thereunto, fhall hereafter be ſub-
ject to be infpected and confifcated, under any pretence
of fraud or defect in making or working them, or becauſe
of any other imperfection therein; but abfolute freedom
fhall be allowed to the buyer and feller to bargain and
agree for the fame as they fhall fee good; any law, fta-
tute, edict, arreft, privilege, grant, or cuftom, to the con-
trary notwithstand ng.
II. And forafmuch as a certain ufage, not confirmed.
by any law, has obtained in ſeveral towns of Great Bri-
tain and France; that is to fay, that every one for com-
ing in, and going out, fhall pay a kind of tax, called in
English Head-Money, and in French, Du Chef, it is con-
cluded, that neither the fame, nor any other duty on that
account, fhall any more be exacted.
III. And the British merchants fhall not hereafter be
forbidden to fell the faid tobacco to any buyer whom they
pleaſe, for which purpoſe, the letting out the duties on the
faid tobacco to farmers, which has been hitherto practifed,
fhall ceaſe, neither ſhall ſuch farming be uſed again here-
after.
IV. The following cafe only being excepted, that is to
fay where Britiſh ſhips ſhall take up merchandizes in one
port, and carry them to another port of France, in which
cafe, and in no other, the Britiſh fubjects fhall be obliged
to pay the duties abrogated and aboliſhed by this article,
only in proportion to the goods which they take in, and
not according to the bulk of the fhip.
V. Whereas feveral kinds of goods, contained in caſks,
chefts, or other cafes, for which the duties are paid by
weight, will be exported from, and imported into France
by Britiſh fubjects, it is therefore agreed, that in fuch caſe
the aforefaid duties fhall be payable only according to the
weight of the goods themfelves; but the weight of the
caſks, chefts, and other cafes whatever, fhall be deducted
in
(63)
in fuch manner, and in fuch proportion, as has been hi-
therto in ufe in England, and is ftill practifed.
VI. It is further agreed, that if any miſtake or error
ſhall on either fide be committed by any maſter of a ſhip,
his interpreter, or factor, or by others employed by him,
in making the entry or declaration of the goods on board
his fhip, for fuch defect, if fo be fome fraud does not evi-
dently appear, neither the fhip nor the lading thereof fhall
be fubject to be confifcated, but it fhall be free for the
proprietors to take back again fuch goods as were omitted
in the entry or declaration of the maſter of the ſhip, pay-
ing only the accuſtomed duties according to the rates fet-
tled in the books; neither fhall the merchants, or the
mafter of the ſhip, lofe the faid goods, or fuffer any other
puniſhment, if fo be that the faid goods, fo omitted, were
not brought on fhore, before the declaration made, and
the cuſtoms paid for the fame.
VII. And whereas the quality of the ſhip, maſter, and
goods, will fufficiently appear from fuch paffports and
certificates, it ſhall not be lawful 'for the commanders of
men of war to exact any other verification under any title
whatſoever, But if any merchant fhip fhall want fuch
paſſports or certificates, then it may be examined by a
proper judge, but in fuch manner, as if it fhall be found
from other proofs and documents, that it does truly be-
long to the fubjects of either of the confederates, and does
not contain any prohibited goods, defigned to be carried
to the enemy of the other, it fhall not be liable to confif
cation, but shall be releafed, together with its cargo, in
order to proceed on its voyage, fince it may often happen
that fuch papers could not come to the ſhip when ſhe was
fetting fail from any port, or that they have been loft by
fome chance or other, or that they have been taken away
from the ſhip. And if, beſides the paffports and certifi-
cates made according to the form of their treaty, other
paffports and certificates happen to be found in the ſhip,
in another form, and perhaps according to the preſcription
of treaties made with others, no pretence fhall be taken
from thence, of detaining, or in any wife molefting, either
the fhip, or men, or goods. If the maſter of the fhip
named in the paffports be removed by death, or any other
cauſe,
( 64 )
躯
​caufe, and another be put in his place, the paffports fhall
nevertheleſs retain their force, and the fhips, and goods
laden thereon, fhall be fecure.
VIII. It is further provided on both fides, and ſhall be
taken for a general rule, that a fhip and goods, although
they have remained in the enemies power for four and
twenty hours, fhall not therefore be eſteemed as capture,
and be immediately made prize; but, if on other accounts
they ought to be reſtored, they may be reclaimed, and
fhall be given again to the proprietors.
IX. It fhall be free for both their royal Majefties, for
the advantage of their fubjects, trading to the kingdoms
and dominions of the other, to conftitute national confuls
of their own fubjects, who fhall enjoy that right and li-
berty which belongs to them by reafon of the exerciſe of
their function; but as to the places where fuch confuls
are to be appointed, both fides fhall afterwards agree be-
tween themſelves.
In witnefs whereof, we the Ambaffadors Extraordinary
and Plenipotentiaries of her Sacred Royal Majeſty of
Great Britain, and of his Sacred Royal Moft Chriftian
Majeſty, have fubfcribed this prefent inftrument with our
hands, and fet our feals thereunto. At Utrecht, the
of the month of March in the year 1713.
B
April
(L. S.) Job. Briſtol, C. P. S.
(L. S.) Strafford.
(L. S.) Huxelles.
day
(L. S.) Mefnager.
E it known unto all men, that whereas in the 9th ar-
ticle of the treaty of navigation and commerce, con-
cluded the day of March
31
between the Moft Serene
ΤΙ
April
17139
Queen of Great Britain, and the Moft Serene the Moft
Chriftian King, by the Ambaffadors Extraordinary and
Plenipotentiaries of their Majefties, certain merchandizes,
namely, woollen manufactures, fugar, falt fiſh, and what
is produced from whales, are excepted in general words
from the rule of the Tariff made the 18th day of the month
of September, in the year 1664, in order to be afterwards
referred to the difcuffion of commiffaries; to prevent there-
fore all miſtakes and ambiguity, which might perhaps arife
from
(65)
from fuch general terms, and to make it more evidently
appear what particular forts of goods are to come under
the confideration of the aforefaid commiffaries. We the
underwritten Ambaffadors Extraordinary and Plenipoten-
tiaries, have declared by theſe preſents, and do declare,
that the exception of the abovementioned merchandizes,
is to be understood in the manner following:
I.
Halebone cut and prepared, fins and oils of
whales, fhall pay at all places of importation in
the kingdom, the duties appointed by the Tariff of the
7th of December 1699.
II. Cloths, ratines, and ferges, fhall be likewife fub-
ject to the fame duties of the Tariff of the 7th of Decem-
ber 1699, and in order to facilitate the trade thereof, it
fhall be allowed to import them by St. Valery upon the
Somme, by Rouen, and by Bourdeaux, where thefe goods
fhall be fubject to vifitation in the fame manner as thofe
which are made in the kingdom.
III. Salt fish in barrels only is to be imported into the
kingdom, and at all places of entrance in the kingdom,
countries, and territories under the dominion of the King,
even at all free ports, the duties of landing and of con-
fumption fhall be paid, which were appointed before the
Tariff of 1664, and befides 40 livres per laft, confifting of
12 barrels, weighing each 300 lb. for the duty of entry,
which entry ſhall not be permitted but by St. Valery upon
the Somme, Rouen, Nantz, Libourne, and Bourdeaux,
and ſhall remain prohibited at all other harbours or ports,
as well in the Ocean as in the Mediterranean.
-
IV. Refined fugar, in loaf or in powder, white and
brown fugar candy, fhall pay the duties appointed by the
Tariff of 1699.
In confirmation of which, we the underwritten Ambaf-
fadors Extraordinary, and Plenipotentiaries of her Majeſty
the Queen of Great Britain, and the Moft Chriftian King,
have figned and fealed thefe prefents at Utrecht, the
day of April in the year 1713.
May
(L. S.) Job. Briſtol, C. P. S.
(L. S.) Strafford.
ว
$
(L. S) Huxelles.
(L. S.) Mefnager.
Treaty
( 66 )
Treaty of Peace and Friendship between the Moft Serene
and Moft Potent Princess Anne, by the Grace of God Queen
of Great Britain, France, and Ireland, Defender of the
Faith, &c. and the Moft Serene and Moft Potent Prince
Philip V. the Catholic King of Spain, concluded at Utrecht,
the Day of July 1713. Reprinted from the Copy
publiſhed by the Queen's fpecial Command.
HAT there be a Chriftian univerfal peace, and
I.TH
a perpetual and true friendſhip, between the
Moft Serene and Moft Mighty Princefs Anne, Queen of
Great Britain, and the Moft Serene and Moft Mighty
Prince Philip V. the Catholic King of Spain, and their
heirs and fucceffors, and alſo the kingdoms, ſtates, do-
minions, and provinces of both parties, wherefoever
fituated, and their fubjects; and that the fame be fo
fincerely preferved and cultivated, that neither party de,
under any colour whatever, endeavour to attempt any
thing to the deftruction or detriment of the other, or yield
any aid, by what name foever it be called, to thoſe who
attempt the fame, or who endeavour to do any damage,
neither may or ought they to help them by any means.
On the contrary, their Royal Majefties fhall be obliged,
the one to promote the advantage, honour, and intereft
of the other, and to direct their councils to that end with
all care, that, by mutual proof of friendſhip, the peace
which is now made, may daily receive new additions of
ſtrength.
II. But whereas the war, which is fo happily ended by
this peace, was at the beginning undertaken, and was
carried on for fo many years with the utmoſt force, at im-
menfe charge, and with almoft infinite flaughter, becauſe
of the great danger which threatened the liberty and fafe-
ty of all Europe, from the too cloſe conjunction of the
kingdoms of Spain and France. And whereas, to take
away all uneafinefs and fufpicion, concerning fuch con-
junction, out of the minds of people, and to fettle and
eſtabliſh the peace and tranquillity of Chriftendom, by an
equal balance of power (which is the beſt and moſt folid
foundation
(67)
foundation of a mutual friendſhip, and of a concord which
will be lafting on all fides) as well the Catholic King, as
the Moft Christian King, have confented, that care fhould
be taken by fufficient precautions, that the kingdoms of
Spain and France fhould never come and be united under
the fame dominion, and that one and the fame perfon
fhould never become king of both kingdoms. And to
this end his Catholic Majefty has, for himfelf, his heirs,
and fucceffors, moft folemnly renounced all manner of
right, title, and pretenfion to the crown of France, in the
form and words following:
[The inftrumemts of renunciation, are exactly the fame with
thofe already inferted in the Treaty with France of this date.]
His faid Catholic Majefty hereby renews and confirms
the moſt folemn renunciation abovementioned, made on
his part; and as it has obtained the force of a general and
fundamental law, he engages again in the moft facred
manner poffible, that he will obferve and take care that
the fame be obferved inviolably, and he will likewife ufe
his utmoſt d ligence, and provide with the greateſt earneſt-
nefs, that the aforefaid renunciations may be irrevocably
obferved, and put in execution, as well on the part of
Spain, as on the part of France, forafmuch as while they
fubfift in their full force, and are faithfully kept on both
fides, as alfo the other tranfactions relating thereto, the
crowns of Spain and France will be fo feparated and di-
vided from each other, that they can never hereafter be
united in one.
III. That there be a perpetual amnefty on both fides,
and oblivion of all things which have been in an hoſtile,
manner committed in any place, or by any way, on one
fide and the other, during the late war. So that nei-
ther on account thereof, nor by reaſon or under pretence
of any
other matter, ſhall the one any way do, or ſuffer
to be done, any enmity to the other, or give any moleſ-
tation, directly or indirectly, under colour of right, or by
way of fact.
IV. All and fingular the prifoners on each fide, of
what ſtate or condition foever they be, fhall immediately
after the ratification of this preſent treaty, be reſtored to
their former liberty, without any ranfom, paying only
fuch
( 68 )
fuch debts as they may have contracted, during their be-
ing prifoners.
V. Moreover, for giving a greater and more lafting
ftrength to the peace which is reſtored, and to this friend-
ſhip, which is never to be violated, and for cutting off all
occafions of diftruft, which may at any time ariſe from the
eſtabliſhed right and order of the hereditary fucceffion
to the crown of Great Britain, and the limitation thereof
by the laws of Great Britain, (made and enacted in the
reign of the late King William III. of glorious memory,
and in the reign of the prefent Queen) to the iffue of the
above named Queen, and in failure thereof to the Moft Se-
rene Princeſs Sophia, Electreſs Dowager of Brunfwick, and
her heirs, in the Proteftant line of Hanover. That there-
fore the ſaid fucceffion may be well and fecurely preſerved,
according to the laws of Great Britain, the Catholic King
fincerely and folemnly acknowleges the abovementioned
limitation of the fucceffion to the kingdom of Great Bri-
tain; and declares and engages, on the faith and word of
a King, and on the pledge of his and his fucceffors ho-
nour, that the fame is, and fhall for ever be, approved and
accepted by him, and his heirs and fucceffors; and, under
the fame tie of the word of a King and his honour, the
Catholic King does promife, that no perfon befides the
faid Queen, and her fucceffors, according to the order of
limitation eſtabliſhed by the laws and ftatutes of Great
Britain, fhall ever be acknowledged, or reputed by him,
or by his heirs and fucceffors, to be King or Queen of
Great Britain.
VI. The Catholic King doth further promife, as well
in his own name, as in that of his heirs and fucceffors,
that they will not at any time difturb or moleft the faid
Queen of Great Britain, her heirs and fucceffors, of the
Proteftant line, as aforefaid, being in poffeffion of the
crown of Great Britain, and the dominions fubject there-
unto; neither will the aforefaid Catholic King, or any
of his fucceffors, give at any time any aid, fuccour, fa-
vour, or counſel, directly or indirectly, by land or by fea,
in money, arms, ammunition, warlike inftruments, ſhips,
foldiers, feamen, or in any other manner whatever, to any
perfon or perſons, whofoever they be, who on any caufe
or
( 69 )
or pretence ſhould hereafter endeavour to oppoſe the ſaid
fucceffion, either by open war, or by encouraging fedi-
tion, and forming confpiracies againft fuch prince and prin-
ces, who are in poffeffion of the throne of Great Britain,
by virtue of the acts of parliament there made, or againſt
that prince or princefs to whom the fucceffion to the crown
of Great Britain fhall belong, according to the acts of par-
liament, as abovefaid.
VII. That the ordinary diftribution of justice be re-
ftored, and open again through the kingdoms and domi-
nions of each of their royal majefties, fo that it may be free
for all the fubjects on both fides, to profecute and obtain
their rights, pretenfions and actions, according to the
laws, conftitutions and ftatutes of each kingdom. And
eſpecially if there be any complaints concerning injuries or
grievances, which have been done contrary to the tenor of
the treaties, either in time of peace, or at the beginning of
the war lately ended, care fhall be taken that the damages
be forthwith made good, according to the rule of justice.
VIII. That there be a free ufe of navigation and com-
merce between the fubjects of each kingdom, as it was
heretofore, in time of peace, and before the declaration
of this late war, in the reign of Charles II. of glorious
memory, Catholic King of Spain, according to the trea-
ties of friendſhip, confederation, and commerce, which
were formerly made between both nations, according to
ancient cuftoms, letters patents, cedulas, and other par-
ticular acts; and alfo according to the treaty or treaties of
commerce which are now, or will forthwith be made at
Madrid. And whereas, among other conditions of the
general peace, it is by common confent eſtabliſhed as a
chief and fundamental rule, that the exerciſe of naviga-
tion and commerce to the Spanish Weft-Indies, fhould re-
main in the fame ftate as it was in the time of the aforefaid
King Charles II. That therefore this rule may hereafter
be obferved with inviolable faith, and in a manner never
to be broken, and thereby all caufes of diftruſt and fufpi-
cion, concerning that matter may be prevented and re-
moved, it is especially agreed and concluded, that no li-
cence, nor any permiffion at all, fhall at any time be given,
either to the French, or to any nation whatever, in any
VOL. II..
F
nume,
( 70 )
}
name, or under any pretence, directly or indirectly, to
fail, to traffick in, or introduce negroes, goods, merchan-
dizes, or any things whatſoever into the dominions ſub-
ject to the crown of Spain in America, except what may
be agreed by the treaty or treaties of commerce above-
faid, and the rights and privileges granted in a certain
convention, commonly called el Affiento de Negros, where-
of mention is made in the twelfth article; except alfo
whatſoever the faid Catholic King, or his heirs or fuc-
ceffors, fhall promife by any contract or contracts for the
introduction of negros into the Spanish Weft-Indies to
be made after that the convention, or the Affiento de Ne-
gros abovementioned fhall be determined. And that more
ftrong and full precautions may be taken on all fides, as
abovefaid, concerning the navigation and commerce to the
Weft-Indies, it is hereby further agreed and concluded,
that neither the Catholic King, nor any of his heirs and
fucceffors whatfoever, fhall fell, yield, pawn, transfer, or
by any means, or under any name, alienate from them
and the crown of Spain, to the French, or to any other
nations whatever, any lands, dominions, or territories, or
any part thereof belonging to Spain in America. On the
contrary, that the Spanish dominions in the Weft-Idies
may be preſerved whole and entire, the Queen of Great
Britain engages, that fhe will endeavour, and give affilt-
ance to the Spaniards, that the ancient limits of their do-
minions in the Weft Indies be restored, and fettled as they
ftood in the time of the abovefaid Catholic King Charles
II. if it fhall appear that they have in any manner, or un-
der any pretence, been broken into, and leffened in any
part, fince the death of the aforefaid Catholic King
Charles II.
IX. It is further agreed and concluded as a general
rule, that all and fingular the fubjects of each kingdom
fhall, in all countries and places on both fides, have and
enjoy at leaſt the fame privileges, liberties and immunities,
as to all duties, impofitions, or cuſtoms whatſoever, rela-
ting to perfons, goods, and merchandizes, fhips, freight,
feamen, navigation, and commerce; and fhall have the
like favour in all things, as the fubjects of France, or any
other foreign nation, the most favoured, have, poffcis,
and
(71)
and enjoy, or at any time hereafter may have, poffefs, or
enjoy.
X. The Catholic King does hereby, for himfelf, his
heirs and fucceffors, yield to the crown of Great Britain
the full and entire propriety of the town and caftle of Gib-
raltar, together with the port, fortifications, and forts
thereunto belonging; and he gives up the faid propriety
to be held and enjoyed abfolutely with all manner of right
for ever, without any exception or impediment whatſoever.
But that abufcs and frauds may be avoided by importing
any kinds of goods, the Catholic King wills, and takes it
to be understood, that the abovenamed propriety be yield-
ed to Great Britain, without any territorial juriſdiction,
and without any open communication by land with the
country round about. Yet whereas the communication
by fea with the coaft of Spain, may not at all times be fafe
or open, and thereby it may happen that the garrifon, and
other inhabitants of Gibraltar, may be brought to great
ftraits; and as it is the intention of the Catholic King, on-
ly that fraudulent importations of goods fhould, as is above-
faid, be hindered by an inland communication, it is there-
fore provided, that in fuch cafes it may be lawful to pur-
chafe, for ready money, in the neighbouring territories of
Spain, provifions, and other things neceflary for the uſe of
the garriſon, the inhabitants, and the fhips which lie in the
harbour. But if any goods be found imported by Gibral-
tar, either by way of barter for purchafing provifions, or
under any other pretence, the fame fhall be confifcated,
and complaint being made thereof, thofe perfons who have
acted contrary to the faith of this treaty, fhall be feverely
puniſhed. And her Britannic Majefty, at the request of
the Catholic King, does confent and agree, that no leave
fhall be given, under any pretence whatfoever, either to
Jews or Moors, to refide, or have their dwellings, in the
faid town of Gibraltar; and that no refuge or fhelter fhall
be allowed to any Moorifh fhips of war in the harbour of
the faid town, whereby the communication between Spain
and Ceuta may be obstructed, or the coafts of Spain be in-
fefted by the excurfions of the Moors. But whereas trea-
ties of friendship, and a liberty and intercourfe of com-
merce, are between the British and certain territories,
F 2
fituate
( 72 )
fituate on the coaſt of Africa, it is always to be understood,
that the British fubjects cannot refufe the Moors, and their
fhips, entry into the port of Gibraltar, purely upon the ac-
count of merchandizing. Her Majefty the Queen of Great
Britain does further promife, that the free exerciſe of their
religion fhall be indulged to the Roman Catholic inhabi-
tants of the aforefaid town. And in cafe it fhall hereafter
feem meet to the crown of Great Britain, to grant, fell,
or by any means to alienate therefrom the propriety of the
faid town of Gibraltar, it is hereby agreed, and concluded,
that the preference of having the fame, fhall always be
given to the crown of Spain before any others.
XI. Moreover, the Catholic King doth in like manner
for himſelf, his heirs and fucceffors, yield to the crown of
Great Britain, the whole ifland of Minorca, and doth
transfer thereunto for ever, all right, and the moſt abfolute
dominion over the faid ifland, and in particular over the
town, caftle, harbour, and fortifications of the bay of Mi-
norca, commonly called Port Mahon, together with the
other ports, places, and towns, fituated in the aforefaid
ifland. But it is provided, as in the above-written article,
that no refuge or fhelter fhall be open to any fhips of war
of the Moors in Port Mahon, or in any other port of the
faid ifland of Minorca, whereby the Spanish coafts may be
infefted by their excurfions: and the Moors and their
fhips fhall only be allowed to enter the ifland aforefaid, on
account of traffick, according to the agreement of treaties.
The Queen of Great Britain promifes alfo on her part, that
if at any time it shall happen, that the iſland of Minorca,
and the ports, towns, and places therein fituated, be by any
means hereafter alienated from the crown of her kingdoms,
the preference fhall be given to the crown of Spain, be-
fore any other nation whatever, of redeeming the poffeffion
and propriety of the aforefaid ifland. Her royal Majefty
of Great Britain moreover engages, that the will take care,
that all the inhabitants of the faid ifland, both ecclefiafti-
cal and fecular, fhall fafely and peaceably enjoy all their
eftates and honours, and the free ufe of the Roman Ca-
tholic religion fhall be permitted: and meafures fhall be
taken for preferving the aforefaid religion in that ifland,
provided the fame be confiftent with the civil government
and
(( 73
73 )
and laws of Great Britain. Thofe likewife who are now
in the ſervice of his Catholic Majefty, fhall enjoy their
honours and eftates, though they continue in the faid fer-
vice; and it fhall be lawful for any perfon who is defirous
to leave the faid ifland, to fell his eftate, and paſs freely
with the value thereof into Spain.
XII. The Catholic King doth furthermore hereby give
and grant to her Britannic Majefty, and to the company
of her fubjects appointed for that purpofe, as well the fub-
jects of Spain, as all others, being excluded, the contract
for introducing negroes into feveral parts of the dominions
of his Catholic Majefty in America, commonly called el
Pacto de el Affiento de Negros, for the ſpace of thirty years
fucceffively, beginning from the first day of the month of
May, in the year 1713, with the fame conditions on which
the French enjoyed it, or at any time might or ought to
enjoy the fame, together with a tract or tracts of land to
be allotted by the faid Catholic King, and to be granted
to the company aforefaid, commonly called la Compania de
el Affiento, in fome convenient place on the river of Plata,
(no duties or revenues being payable by the ſaid company
on that account, during the time of the abovementioned
contract, and no longer) and this fettlement of the faid fo-
ciety, or thofe tracts of land, fhall be proper and ſufficient
for planting, and fowing, and for feeding cattle for the
fubfiftence of thoſe who are in the fervice of the faid com-
pany, and of their negroes; and that the faid negroes
may be there kept in fafety till they are fold; and more-
over, that the fhips belonging to the faid company may
come cloſe to land, and be fecure from any danger. But
it fhall always be lawful for the Catholic King, to appoint
an officer in the faid place or fettlement, who may take
care that nothing be done or practifed contrary to his royal
interefts. And all who manage the affairs of the faid
company there, or belong to it, fhall be fubject to the in-
ſpection of the aforefaid officer, as to all matters relating to
the tracts of land abovementioned. But if any doubts,
difficulties, or controverfies, fhould arife between the faid
officer and the managers for the faid company, they fhall
be referred to the determination of the governor of Buenos
Ayres. The Catholic King has been likewife pleaſed to
F 3
grant
( 74 )
grant to the faid company, feveral other extraordinary ad-
vantages, which are more fully and amply explained in
the contract of the Affiento, which was made and conclud-
ed at Madrid, the 26th day of the month of March, of
this prefent year 1713. Which contract, or Affiento de
Negros, and all the claufes, conditions, privileges and im-
munities contained therein, and which are not contrary to
this article, are and fhall be deemed, and taken to be, part
of this treaty, in the fame manner as if they had been here
inferted word for word.
XIII. Whereas the Queen of Great Britain has conti-
nually preffed, and infifted with the greateſt earneftness,
that all the inhabitants of the principality of Catalonia,
of whatever ftate or condition they may be, fhould not
only obtain a full and perpetual oblivion of all that was
done in the late war, and enjoy the entire poffeffion of all
their eftates and honours, but fhould alfo have their an-
cient privileges preferved fafe and untouched; the Catho-
lic King, in compliance with the faid Queen of Great
Britain, hereby grants and confirms to all the inhabitants of
Catalonia whatfoever, not only the amnefty desired, to-
gether with the full poffeffion of all their eftates and ho-
nours, but alſo gives and grants to them all the privileges
which the inhabitants of both Caftiles, who, of all the Spa-
niards, are the moſt dear to the Catholic King, have and
enjoy, or may hereafter have and enjoy.
XIV. And whereas the Catholic King, at the requeſt
of her royal Britannic Majefty, has been pleafed to yield
the kingdom of Sicily to his royal highneſs Victor Ama-
deus, Duke of Savoy, and by the treaty this day entered
into between his royal Catholic Majefty, and his royal
highnefs of Savoy, docs make a ceffion of the faid king-
dom, her royal Majefty of Great Britain aforefaid, pro-
mifes and engages, that the will take great care, that in de-
fault of the heirs male of the houfe of Savoy, the poffef-
fion of the aforefaid kingdom of Sicily, fhall revert again
to the crown of Spain; and her abovefaid royal Britan-
nic Majefty, doth further confent, that the kindom of
Sicily may not, under any pretence, or in any manner
whatever, be alienated or given to any prince or ſtate, unleſs
to the Catholic King of Spain, and to his heirs and fuccef-
fors.
( 75
()
75 fors. And whereas the Catholic King hath made known
to her royal Britannic Majefty, that it would be both rea-
fonable in itſelf, and acceptable to him, that not only the
fubjects of the kingdom of Sicily, although they may re-
fide in the dominions of Spain, and be in the fervice of
his faid Catholic Majefty, but alfo the Spaniards and
other ſubjects of Spain, who may perhaps have eftates
and honours in the aforefaid kingdom of Sicily, fhould
without any diminution, entirely enjoy their faid eftates
and honours, and fhould in no wife, under pretence of
perfonal abfence out of the faid kingdom, be troubled or
difquieted. And whereas the abovefaid Catholic King
freely promiſes likewife on his part, that he will confent,
that the ſubjects of the faid kingdom of Sicily, and other
fubjects of his ſaid Royal Highneſs, if they fhould chance
to have eſtates and honours in Spain, or other the domi-
nions belonging to Spain, fhall in like manner, without
any diminution, intirely enjoy the fame, and that they
fhall in no wife be troubled or disturbed under pretence.
of perfonal abfence: therefore her royal Britannic Ma-
jefty promifes, that ſhe will endeavour, and will give in-
ftructions to her Ambaffadors extraordinary, and Plenipo-
tentiaries at Utrecht, that they interpoſe the moſt effectual
good offices, that the Catholic King and his Royal High-
nefs may mutually agree concerning this matter, and may
take care and provide for the fame, in fuch manner as
fhall be most commodious on both fides.
XV. Their royal Majefties on both parts renew and
confirm all treaties of peace, friendſhip, confederation, and
commerce, made heretofore, and concluded between the
crowns of Great Britain and Spain, and the faid treaties.
are hereby renewed and confirmed in as full and ample
manner, as if they were now particularly here inferted;
that is to fay, as far as they are not found to be contrary
to the treaties of peace and commerce which were the laſt
made and figned. And eſpecially by this treaty thoſe
agreements, treaties, and conventions are confirmed and
ftrengthened, which relate as well to the exercife of com-
merce and navigation in Europe, and elſewhere, as to the
introduction of negroes into the Spaniſh West Indies, and
which either are already made, or will forthwith be made
between
F 4
( 76 )
between both nations at Madrid.
And whereas it is in-
fifted on the part of Spain, that certain rights of fishing
at the iſland of Newfoundland belong to the Guipufcoans,
or other fubjects of the Catholic King, her Britannic
Majefty confents and agrees, that all fuch privileges as-
the Guipufcoans and other people of Spain are able to
make claim to by right, fhall be allowed and preferved to
them.
22
I I
22
XVI. Whereas, in the convention for making a fufpen-
fion of arms, from the day of the month of Auguft laft
paft, for four months, between the Queen of Great Britain,
and the moft Chriftian King; which the Catholic King al-
fo approved by his confent, and does hereby further ap-
prove; and which by another convention was prolonged
to the of the month of April of this prefent year, among
other conditions it is exprefsly ftipulated, in what cafes the
fhips, merchandizes, and other moveables taken on one
fide and the other, fhould either become prize to the cap-
tor, or be restored to the former owner; it is therefore a-
greed, that in thofe cafes the conditions of the aforefaid
fufpenfion of arms fhall remain in full force, and all things
relating to fuch captures, made cither in the Britiſh and
Northern feas, or clfew here, fhall be well and truly exe-
cuted according to the tenor thereof.
XVII. But if it happen through inadvertency, or im-
prudence, or any other caufe, that any fubject of either of
their aforefaid royal Majeſties, do or commit any thing by
land, fea, or on freſh waters, in any part of the world,
whereby this prefent treaty be not obferved, or whereby
any particular article of the fame hath not its effect, this
peace and good correfpondence between the Queen of
Great Britain and the Catholic King, fhall not therefore
be interrupted or broken, but fhall remain in its former
ft.ength, force, and vigour. And that fubject only fhall
be anſwerable for his own fact, and fhall fuffer fuch puniſh-
ment as is inflicted by law, and according to the preſcrip-
tion of the law of nations.
XVIII. But if (which God forbid) the difputes which
are compofed, fhould at any time be renewed between
their faid royal Majefties, and break out into open war, the
fhips, merchandizes, and goods, both moveable and im-
moveable,
( 77 )
moveable, of the fubjects on both fides, which fhall be
found to be and remain in the ports and dominions of the
adverſe party, fhall not be confifcated, or fuffer any da-
mage; but the ſpace of fix months, on the one part, and on
the other, fhall be granted to the faid fubjects of each of
their faid royal Majefties, in order to their felling the
aforefaid things, or any other their effects, or carrying
away and tranfporting the fame from thence, whitherfoever
they pleaſe, without any moleftation.
XIX. The Kings, Princes, and States, mentioned in the
following articles, and all others who fhall be nominated.
on either fide, by common confent, before the ratifications.
are exchanged, or within fix months after, fhall, for a mark
of mutual friendship, be included and comprehended in
this treaty, their royal Majefties aforenamed being per-
fuaded, that they will approve all the fettlements made.
and eſtabliſhed by it,
XX. Whatſoever fhall be contained in the treaty of
peace next entered into between his facred royal Majeſty
of Spain, and his facred royal Majefty of Portugal, with
the previous approbation of her royal Majefty of Great
Britain, ſhall be deemed an effential part of this treaty, in
the fame manner as if it was tranfcribed here word for
word. Morcover, her facred royal Majefty of Great
Britain, offers herſelf to be a furety, or guarantee of the
aforefaid agreement of peace, which the promiſes to ful-
fil according to the fubftance and words thereof, to the
end that it may be obferved the more facred and in-
violable.
XXI. The treaty of peace this day entered into be-
tween his royal Catholic Majefty, and his royal highneſs
the Duke of Savoy, is ſpecially included in, and confirmed
by this treaty, as an effential part thereof, as fully as if it
was inferted therein word for word, her royal Majeſty of
Great Britain exprefsly declaring, that he will be obliged
by the terms of the promiſe and guarantee therein made.
XXII. The moft ferene King of Sweden, together with
his realms, dominions, provinces, and rights, and the moſt
ferene princes the Great Duke of Tuſcany, and the Duke
of Parma, together with their people and ſubjects, and the
liberties and advantages of their fubjects in matters of trade,
fhall
(78
( 78 )
ſhall be included in this treaty in the moſt effectual
manner.
XXIII. The moſt ferene republic of Venice, for the fake
of the neutrality, which during the war they exactly ob-
ferved between the parties in hoftility, and for the fake of
many acts of humanity performed by it, (the dignity, power,
and fecurity of the eftates and dominions thereof, remain-
ing ever inviolable) fhall be particularly comprehended
and included in this treaty, in the beft manner poffible as
a common friend, and one to whom their royal Majefties,
at all times, defire to repay the offices of a faithful friend-
fhip, according to the exigencies of the faid republic.
XXIV. It has been thought good to comprehend in the
preſent treaty, the moft ferene Republic of Genoa, which
by a conftant neutrality, during the war, hath cultivated
the ancient friendſhip with the crowns of Great Britain and
Spain, that the benefit of this peace may be extended to
every thing that concerns that republic, and the ſubjects
thereof, may in all things, and every where, fully enjoy
the fame liberty of commerce hereafter, as they enjoyed
formerly, and during the life of Charles II. the Catholic
King of Spain.
XXV. The city of Geneva is likewife included in this
agreement, to the end that it may, for the future, enjoy all
the advantages in trade, which it has heretofore enjoyed in
either kingdom, either by treaties or ancient cuftom.
XXVI. Solemn ratifications of this treaty, and drawn
up in the proper form, fhall be duly and reciprocally ex-
changed on both fides, within fix weeks, to be computed
from the time of figning, or fooner, if poffible.
In witneſs whereof the Ambaffadors Extraordinary and
Plenipotentiaries abovenamed, having on each fide exhi
bited and duly exchanged their letters of full powers, figned
and fealed this prefent treaty at Utrecht, the day of the
month of July, in the year of our Lord 1713.
(L. S.) Duc de Offuna.
(L. S.) El Marque le Monteleone.
(L. S.) Joh. Bristol, C. P. S.
(L. S.) Strafford.
WE
( 79 )
WE
of peace
E having feen and confidered the treaty
and friendſhip above-written, have approved, ra-
tified, and confirmed the fame, in all and every one of its
articles, as we do by thefe prefents approve, ratify, and
confirm it, for ouríelves, our heirs, and fucceffors, pro-
mifing and engaging our royal word, that we will faithfully
and inviolably perform and obferve the aforefaid treaty,
and all and every one of the things contained therein, and
that we will never fuffer the fame to be violated or tranf
greffed by any one, as far as it lies in our power. For the
greater teftimony and validity whereof, we have cauſed our
great feal of Great Britain to be affixed to theſe preſents,
which we have figned with our royal hand. Given at our
court at Kenfington the 31ft day of July, 1713, in the
twelfth year of our reign.
I.
B
The first SEPARATE ARTICLE.
ESIDES thoſe things which have been ftipulated
between the Lord Baron of Lexington, on the part
of her royal Majefty of Great Britain, and the Lord Mar-
quis of Bedmar, on the part of his royal Catholic Majefty,
by the treaty of the 27th of March laft at Madrid, it is
further agreed by this ſeparate article, which fhall be of
the fame force, as if it was inferted word for word in the
treaty this day concluded between their royal Majeſties,
that fince his royal Catholic Majefty is ftedfaſtly refolved,
and does folemnly promife by thefe prefents, that he will
not confent to any further alienation of countries, provinces
or lands of any fort, or wherever fituate, belonging to the
crown of Spain; her royal Majefty of Great Britain does
likewife reciprocally promife, that he will perfift in thofe
meaſures and councils, by which he has provided and
taken care, that none of the parties in war fhall require or
obtain of his Catholic Majefty, that any farther part of the
Spaniſh.monarchy be torn from it; but that any new de-
mand of that kind being made, and the fame refufed by
his Catholic Majeſty, her royal Majefty of Great Britain
will uſe her endeavours that fuch demands fhall be re-
ceded from.
And when it ſhall feem to her royal Majefty of Great
Britain
( 80 )
1
Britain, to be for the common benefit, that a new treaty
be entered into, between her Britannic Majefty, the Ca-
tholic King, and King of Portugal, that the fecurity of the
crown of Portugal may be provided for, his Catholic Ma-
jefty does, by thefe prefents, give his confent to fo whole-
fome a work, and docs hereby teftify it.
This article fhall be ratified, and the ratifications thereof
fhall be exchanged at Utrecht, within fix weeks, or ſooner,
if it can be.
In teftimony whereof, we the Ambaffadors Extraordi-
nary, and Plenipotentiarics of their royal Britannic and
Catholic Majefties, by virtue of the full powers exchanged
this day, have figned and fealed the prefent article, at
Utrecht, the of July, in the year of our Lord 1713.
2
73
(L.S.) Joh. Bristol, C. P. S. (L. S.) Duc d. Offuna.
(L. S.) Strafford. (L. S.) Marquis de Montelcone.
II. T
THA
The Second SEPARATE ARTICLE.
THAT it may appear what confideration her facred
Majefty the Queen of Great Britain has for the
Princess of Urfini, her faid Majefty the Queen of Great
Britain, in the 21ft article of the conventions of peace,
made between the Baron of Lexington, on the part of her
faid Britannic Majefty, and the Marquis de Bedmar, on
the part of his Catholic Majefty, at Madrid, the 27th day
of March laft, did oblige herſelf, as by the preſent article
the does oblige herfelf, and promifes and agrees for her-
felf and her fucceffors, that fhe will really procure and ef-
fect that forthwith, and without any delay, the faid Lady
Princeſs of Urfini be put into real and actual poffeffion of
the duchy of Limburg, or of other countries in the Ne-
therlands, which fhall be fubftituted in lieu thereof, to the
full fatisfaction of the Lady Princefs of Urfini, with all
manner of abfolute and independent fupcriority, clear from
any fee, or other tie whatfoever, which fhall produce an
annual revenue of 30,000 Scudos, according to the form
and tenor of the diploma granted by his faid Catholic Ma-
jefty to the faid Princefs, the 28th day of September, 1711,
to the effect following:
PHILIP
( 81 )
PEA
HILIP, by the grace of God, King of Caftile, Leon,
Arragon, both Sicilies, Jerufalem, Navarre, Grana-
da, Toledo, Valencia, Galicia, Majorca, Seville, Sardi-
nia, Cordova, Corfica, Murcia, Jaen, Algarves, Algezi-
ra, Gibraltar, Canary Islands, Eaft and Weſt Indies,
Iſlands, and Terra Firma of the Ocean Sea, Archduke of
Auftria, duke of Burgundy, Brabant and Milan, Count of
Apfburg, Flanders and Tirol, and of Barcelona, Lord of
Bifcay and Molina, &c. To all who fhall fee theſe pre-
fents, or hear them read, greeting. Our dearest and most
well-beloved coufin, the Princefs of Urfini, has, fince the
beginning of our reign, rendered us, and continues to ren-
der us fo many fignal and acceptable fervices, that we
thought we could not defer any longer giving her lively
teftimonies of our acknowledgments, and of the efteem we
have for her perfon. This Princefs having quitted the rank,
and the prerogatives fhe had at the court of Rome, to ac-
cept the employment of firſt Lady of the bed-chamber to
the Queen our deareft confort, fhe went to meet her at
Nice in Provence, and conducted her to our dominions of
Spain, and difcharged her duty with fo much care, ex-
actneſs, and wiſdom, that fhe has gained all poffible confi-
dence and con ideration.
When we trusted the regency of our kingdoms of Spain
to the Queen, our dearest confort, that we might go and
command our armies in the kingdoms and ftates of Italy,
the Princes of Urfini redoubled her zeal and affiduity
about her perfon; fhe has always affifted her with her care
and her counfel, with equal prudence and affection, and
in all times, and on all occafions, we have experienced the
happy effects of fo judicious, fo faithful, and fo valuable
conduct.
Since it has pleafed God to blefs our royal houfe, and to
fecure the fucceffion of it by a happy iffue, fhe has likewife
taken upon her to beftow her moft tender and effectual
care on the education of our dearest and most beloved fon
the Prince of the Afturias, in whom we already obſerve ·
the benefit and progrefs of it. All thefe fervices, fo dif-
tinguishing, and fo important to the welfare of our domi.
nions, and to the felicity of our reign, the application
with
( 82 )
F
with which this Princefs gives us ftill fresh proofs of an
entire affection to the perfon of us, the Queen our deareſt
confort, and the Princes our children, and the good fuc-
cefs that has attended the wholeſome counfels fhe has given
us, have engaged us to find out means to grant her a re-
ward ſuitable to fo many fervices, and that might ferve
for the future as a certain proof of the greatneſs of our
gratitude, as well as of the merit and virtues of this Prin-
cefs. This has given us occafion to think of ſecuring to
her not only a confiderable revenue, but alſo a country fhe
might enjoy with the title of Sovereign; which we have
embraced with the greater readineſs, that this Princefs, be-
ing born of the houfe of la Trimouille, one of the moſt an
cient and moft illuftrious of France, is not only allied to
the Princes of the blood of the houfe of France, but like-
wife to feveral other fovereign houſes of Europe, and that
knowing the endowments of her mind, and the wifdom of
her conduct in all things, we are perfuaded fhe will govern
with juſtice the country and people that fhall be under her
fubjection; and that this great favour will ever be looked
upon as the just effect of the juſtice and magnificence of
the Sovereigns towards thofe who have been fo happy as to
render them important fervices. Know ye therefore, that,
out of our full power, meer motion, and royal and abfo-
lute authority, we have given, yielded and transferred, as
we do give, yield and transfer by theſe prefents, to our
deareſt and moſt well-beloved coufin, Mary Anne de la
Trimouille, Princeſs of Urfini, for herſelf, her heirs, fuc-
ceffors, and affigns, the duchy, town, and caftle of Lim-
bourg, being part of the Spanish Netherlands, with the
towns, boroughs, villages, caftles, houſes, lands, and other
appurtenances of the faid duchy, to enjoy the fame to
herſelf the faid Princefs of Urfini, her heirs, fucceffors, or
affigns, in full property and perfect fovereignty, without
referving or detaining any part thereof, to ourfelves, and
to our fucceffors, the Kings of Spain, under any title what-
foever, either of refort or feodality, as alfo withont return
or reverfion in any cafe, or at any time, whereof we have
exempted the faid duchy of Limbourg, and its dependen-
cies comprehended in the prefent donation; to which end,
fo far as is, or fhould be neceffary, we have extinguifhed
and
( 83 )
and fuppreffed, as we do extinguifh and fupprefs the faid
rights; willing that the faid Princefs of Urfini do exercife,
in her name, all the rights of foverignty within the faid
duchy of Limbourg, the territories and jurifdictions there-
to annexed, with the fame authority as we exerciſed, and
had right to exercife the fame before thefe prefents, and
that he enjoy there all the revenues, fruits, profits, and
emoluments whatſoever, as well ordinary, as extraordinary
and cafual, of what nature foever, either for the collation
and patronage of the livings, the provifion and deftitution
of offices, the cuſtoms, entries, fubfidies, impofitions, and
other rights, expreffed, and not expreffed, the defence of
the country, and the tranquillity of the people, the raifing
the revenues of the faid duchy, and its dependencies; all
which rights and revenues the faid Princefs of Urfini fhall
commence to enjoy from the day of thefe prefents, from
the reckoning of which, the agents, receivers, clerks, or
others appointed to receive the faid revenues, fhall be ac-
countable, and remit the produce into the hands of the
bearers of the powers of the faid Princefs, and in fo doing
they ſhall be duly acquitted and diſcharged thereof towards
us, as by theſe prefents we difcharge them thereof; and
confequently the faid Princeſs of Urfini, fhall remain un-
alterable proprietor of the duchy of Limbourg, and its
dependencies, as well for the fovereignty, as for all the
revenues, as the whole belonging to her, in full, free, and
entire property, with power to difpofe thereof, by dona-
tion between perfons alive, or legacy to fuch perfon, and
with fuch clauſes and conditions, as the fhall think fit, and
even to treat thereof by exchange or otherwiſe, and the
fame rights and powers fhall belong fucceffively, after her,
to her nearest heir, in cafe fhe has not otherwife difpofed
thereof. To which end we have difcharged, abfolved, and
freed, as by thefe prefents we difcharge, abfolve, and free
the inhabitants of the faid duchy of Limbourg, and its de-
pendencies, of what ftate, quality, or dignity they are, as
well ecclefiaftical as fecular, political, military, and of
what other ranks and conditions they are, or may be, and
each of them in general and in particular, of the oaths of
fidelity, faith, and obedience, promifes, obligations, and
dutics they owed us, as their Lord and Sovereign Prince :
orde:-
( 84 )
ordering and enjoining them most exprefsly, that by virtue
of theſe prefents, they do own and acknowledge the faid
Princeſs of Urfini, and after her, her heirs, fucceffors, or
fuch as have a right thereto, fucceffively for their Princes
and fovereign Lords; that they take and fwear to her the
oaths of fidelity and obedience in the ufual manner, and
moreover, that they pay all homage, reverence, affection,
obedience, fidelity, and fervices, as good and loyal fubje&s
are obliged to do to their fovereign Lord, and as they have
done hitherto to the Kings our predeceffors, and to us.
And farther, our intention being, that the faid duchy of
Limbourg, and its dependencies, fhould produce at leaſt
the effectual and real revenue yearly to the profit of the
faid Princeſs of Urfini, her heirs, fucceffors, and affigns,
thirty thouſand crowns, each crown of eight filver reals,
old double money of Caftile, deduction being made of
local employments, maintenance of places, and officers
that uſed to be paid and maintained out of the revenues of
the faid duchy. Our will and pleaſure is, that during the
first year of enjoyment by the faid Princefs of Urfini, after
her having taken poffeffion of the faid duchy of Limbourg,
and after the publication of the peace, a ftate be made of
the revenues and employments of the duchy of Limbourg,
and its dependencies, in the prefence of perfons appointed
for that purpoſe, as well on our part, as on that of the faid
Princefs of Urfini, and in cafe, after deduction is made for
the faid employments, the revenues for the neat remain-
der to the profit of the faid Princeſs of Urfini, do not a-
mount to the ſaid thirty thouſand crowns per annum, whe-
ther by reafon of the alienations that might have been made
of fume part of that duchy, or whether becaufe any of
the faid rights, revenues, and appurtenances, ſhould have
been fold, engaged, or charged with fome rents, even
fome debts for fums taken by loan, or anticipation, in this
cafe, we ordain, and our will and pleafure is, that the
whole be redeemed and difengaged, and the purchafers,
mortgagers, tenants, and other creditors, reimburfed, paid,
and fatisfied out of the produce of the moft liquid re-
venues of the other provinces of the Spanish Netherlands,
fo as that the faid Princeſs enjoy, fully, really, and without
any charge, the faid thirty thoufand crowns yearly; to
{
which
ני
( 85 )
which end, and until the full reimburſement for the re-
deeming the faid alienations or engagements, conftitutions
of rents, anticipations, or other loans whatever they may
be, the purchaſers of the funds alienated, or mortgagers,
tenants, and all other creditors, ſhall be, and remain af-
figned, as from this time we affign them to receive their
arrears, or intereſts of their capitals, out of the faid reve-
nues of the other provinces of the Spanish Netherlands;
and confequently, we have from this time yielded and
transferred, as we do yield and transfer all and fuch of our
revenues as ſhall be requifite to the mortgagers and cre-
ditors, and until the concurrence of what is due to them
for principal interefts, to take, have, and receive out of
the moſt liquid and effective part of the faid revenues of
the faid Spanish Netherlands, except thofe of the faid duchy
of Limbourg, to enjoy the fame themfelves, until they
fhall be fully reimburſed. And if it ſhould happen, that
notwithſtanding the faid redemption and reimburſement
being made or affigned, the revenue of the faid duchy of
Limbourg fhould not amount to the faid fum of thirty
thouſand crowns yearly, all charges deducted, we will, that
there be difmembered, as from this time we difmember,
from the other countries belonging to us, adjacent, or ly-
ing convenient to the faid duchy of Limbourg, fuch
other towns, boroughs, villages and territories, as fhall be
requifite to make up by their yearly produce and reve-
nue, what fhall be wanting of the faid thirty thouſand
crowns yearly in the duchy of Limbourg, which towns,
boroughs, villages and territories, together with the reve
nue and appurtenances, fhall remain difmembered from
our other lordships, and fhall be united and joined for the
future, and for ever, to the faid duchy of Limbourg, to
be poffeffed by the faid Princefs of Urfini, with the fame
title of fovereignty, jurifdiction, and prerogative before
mentioned, and as making part of the faid duchy of Lim-
bourg. And whereas, by the feveral propofals that are
from time to time made to us, to attain the peace fo much
defired by us, and other princes and ftates of Europe en-
gaged in the prefent war, fome of them tend to certain
difmemberings of the faid Spaniſh Netherlands, from the
other dominions that make up our monarchy, we declare,
VOL. II.
G
that
( 86 )
that our intention is, that theſe prefents fhall not be pre-
judiced by the treaties of peace that fhall be made, and
that all the princes and potentates interefted in the faid
propofals, do ratify the difmembering we make by theſe
prefents of the faid duchy of Limbourg, and the erecting
of that in fovereignty, in favour of the Princefs Urfini,
fo as that the be put, and remain in full poffeffion, and
peaceable enjoyment thereof, within the full extent of
theſe preſents, according to their form and tenor, and
without any reſerve or reftriction whatſoever; it being
our will, that the preſent donation be one of the condi-
tions of the treaties that may be made, in what ſhall con-
-cern the faid Spanish Netherlands, to the end the faid
Princeſs of Urfini, her heirs, fucceffors and affigns, may
enjoy the faid duchy of Limbourg and its appurtenances,
fully, peaceably, perpetually, and for ever, with the title
of fovereignty, without any trouble and hindrance; on
the contrary, to effect the fame, and to conſtrain thereto
all thoſe whom it fhall concern, or that are therefore to
be conſtrained, we have, out of our full power and royal
authority, fupplied, as we do hereby fupply all defects or
omiffions of right or fact, that might be found or happen
in this donation, ceffion, and conveyance, either by the
fault of expreffion, of the value of the revenues, and of
the employments of the faid duchy of Limbourg, that are
not therein ſpecified or declared, and that might be requi-
fite by former ordinances, to which, and the derogatories
of the derogatories therein contained, we have exprefsly
derogated, as we derogate by thefe prefents; for fuch is
our will and good pleaſure: willing that theſe preſent let-
ters patents be delivered to the faid Princefs of Urfini,
that the may cauſe the fame to be regiſtered and publiſhed
where it ſhall be neceffary, and even to cauſe them to be
inferted, with the donation and ceffion therein contained,
in the treaty of peace to be negotiated, therein to be in-
cluded and acknowledged in the quality of fovereign prin-
cefs of the duchy of Limbourg, and in that quality to
exerciſe the rights thereof, and there to make treaties and
alliances with the princes and fovereigns that fhall inter-
vene, enjoining the minifters and ambaffadors who fhall
be there on our part, to acknowledge her as fuch, and all
Qur
¡
( 87 )
our officers of the faid duchy of Limbourg, to obey theſe
prefents from the moment they fhall be notified to them;
and to the end this prefent donation be firm and lafting
for ever, we have figned thefe prefent letters with our own
hand, and cauſed our great feal to be affixed to them,
willing and ordaining that they be regiſtered in all and
every one of our councils, and chambers of account where
it fhall belong. Given at our city of Corella, in our king-
dom of Navarre, the 28th day of September, in the year
of our Lord, 1711, and of our reign the eleventh.
And her faid Majeſty of Great Britain promifes, that fhe
will maintain the faid Lady Princeſs of Urfini, or her af-
figns, in the real, actual, and peaceable poffeffion of the
faid fovereignty and territory, againſt all and every one, at
any time, and for ever, and that fhe will not permit, that
the faid Lady Princeſs be diſturbed or molefted in the faid
poffeffion by any body, by right or fact. And whereas,
the real poffeffion of the fovereignty of the faid duchy of
Limbourg, or of the territories as aforefaid to be fubro-
gated, ought, by virtue of the before-mentioned conven-
tion, concluded the 27th of March laſt paſt, to have been
already given to the faid Lady Princefs, although it is not
yet given therefore her faid royal Majeſty of Great Bri-
tain, as a farther furety, promifes, and engages her royal
word, that ſhe will not yield or remit, nor fuffer to be
yielded or remitted to any body, the faid Spaniſh Nether-
lands, but will keep, or cauſe the fame to be kept, not only
until the faid Lady Princefs of Urfini be put in actual and
peaceable poffeffion of the faid fovereignty, but alfo, that
the faid Lady Princefs of Urfini be, as aforefaid, acknow-
ledged fovereign Lady of the faid fovereignty, and put in
poffeffion thereof by the Prince to whom the faid Spanish
Netherlands are to be yielded and remitted.
This prefent article fhall be ratified, and the exchange
of the ratifications fhall be made at Utrecht within fix
weeks, or fooner, if poffible.
In witneſs whereof we, the Ambaſſadors Extraordina-
ry and Plenipotentiaries of her facred royal Majeity of
Great Britain have fubfcribed this prefent article, and
G 24
fealt d
( 88 )
2
fealed the fame with our feals, at Utrecht, the of July
in the year of our Lord, 1713.
(L. S.) Job. Briſtol, C. P. S.
(L. S.) Strafford.
13
(L. S.) Duque de Ofuna.
(L. S.) El Marque le Monteleone.
Treaty of Navigation and Commerce between the Most Serene
and Moft Potent Princess Anne, by the Grace of God Queen
of Great Britain, France, and Ireland, Defender of the
Faith, &c. and the Moft Serene and Moft Potent Prince
Philip V. the Catholic King of Spain, concluded at Utrecht,
the 28 Day of November 1713. Reprinted from the Copy
printed by Her Majefty's fpecial Command.
A
December
NNE, by the grace of God, Queen of Great Britain,
France, and Ireland, defender of the faith, &c. to
all and fingular to whom thefe prefents fhall come, greet-
ing. Whereas the right reverend father in God, our
right truſty and well-beloved counfellor, John, biſhop of
Briſtol, our ambaſſador extraordinary and plenipotentiary,
dean of Windfor, and regiſter of our moft noble order of
the garter, did on our part, together with the plenipo-
tentiaries of his Catholic Majefty, conclude and ſign at
Utrecht, on the day of November 1713, a treaty of com-
2 8
ठु
December
merce between the fubjects of Great Britain and Spain, as
follows:
A
Good and firm peace, and a true and fincere friend-
fhip having, by the merciful affiftance of God, been
happily eftablifhed between the moſt ferene and potent
Prince and Lady, Anne, by the grace of God, Queen of
Great Britain, France, and Ireland, &c. and the moft fe-
rene and potent Prince and Lord, Philip V. by the grace
of God Catholic King of Spain, &c. and their heirs and
fucceffors, kingdoms and fubjects, by a treaty of paci-
fication, concluded at Utrecht the day of the month
of July laſt paſt, their Majefties before all things made it
their care, that the mutual advantage of their fubjects in
2
13
matters
( 89 )
matters of trade, might be provided for after the beſt man-
ner; and therefore they moft graciously gave inftructions
to their ambaſſadors extraordinary and plenipotentiaries,
(by whofe means the peace had been happily concluded)
to draw up into a folemn treaty of commerce, whatſoever,
after all things had been thoroughly confidered at the con-
ferences held for that purpoſe at Madrid, ſhould ſeem to
conduce moſt to this good end; the faid ambaſſadors
therefore, by virtue of their full powers, (copies whereof
are inferted word for word at the end of this inftrument)
agreed upon articles of commerce for the explanation of
former treaties, and greater eafe and convenience of trade,
in the manner and form following:
I.
1. TE
TH
I 3
HE treaty of peace, commerce, and alliance, con-
cluded at Madrid, between the crowns of Great
Britain and Spain, the day of May, 1667, is ratified
and confirmed by this treaty, and for the greater ſtrength-
ening and confirmation of the fame, it has been thought
proper to infert it word for word in this place, together
with the royal ſchedules or ordinations annexed to it, as
follows:
23
The treaty of peace and friendſhip between the crowns
of Great Britain and Spain, concluded at Madrid the 13
day of May, in the year of our Lord, 1667, entered into
and concluded by the moſt excellent Lord Edward, Earl of
Sandwich, privy-counfellor to the moft ferene and potent
King of Great Britain, and his ambaffador extraordinary
to Spain, in the name of the moſt ferene King his maſter;
and the moſt excellent Lords Don John Eberardo Nidar-
do, confeffor to the moſt ferene Catholic Queen, inqui-
fitor general and counfellor of ftate, Don Ramiro Pheli-
pez Nunez de Guzman, duke of San Lucar Mayor, and
of Medina de las Torres, counſellor of ſtate, and prefident
of Italy, and Don Gafpar of Bracamonte and Guzman,
count of Penaranda, counſellor of ſtate, and preſident of
the Indies, in the name of the moft ferene and potent
King and Queen of Spain, at Madrid the 13 day of May,
$667.
G 3
I
In
(90
( 90 )
In the name of the most Holy Trinity, Father, Son, and Holy
Ghost, three diftinct Perfons, and One only true God.
F¹
ARTICLE
I.
IRST, it is agreed and concluded, that from this day
forward there fhall be, between the two crowns of
Great Britain and Spain, a general, good, fincere, true,
firm, and perfect amity, confederation and peace, which
fhall endure for ever, and be obſerved inviolably, as well
by land, as by fea, and freſh-waters; and alfo between
the lands, countries, kingdoms, dominions, and terri-
tories, belonging unto, or under the obedience of either of
them. And that their fubjects, people, and inhabitants
reſpectively, of what condition, degree, or quality foever,
from henceforth reciprocally, fhall help, affift, and fhew
to one another all manner of love, good offices, and friend-
fhip.
II. That neither of the faid Kings, nor their refpective
people, ſubjects, or inhabitants, within their dominions,
upon any pretence, may in public or fecret, do, or pro-
cure to be done, any thing againſt the other, in any place,
by fea or land, nor in the ports or rivers of the one or the
other, but ſhall treat one another with all love and friend-
fhip; and may, by water and by land, freely and fecurely
pafs into the confines, countries, lands, kingdoms, iflands,
dominions, cities, towns, villages, walled or without wall,
fortified or unfortified, their havens and ports (where hi-
therto trade and commerce hath been accuſtomed) and
there trade, buy and fell, as well of and to the inhabitants
of the refpective places, as thofe of their own nation, or
any other nation that fhall be or come there.
III. That the faid Kings of Great Britain and Spain,
fhall take care that their reſpective people and fubjects,
from henceforward, do abftain from all force, violence,
or wrong; and if any injury fhall be done by either of
the faid Kings, or by the people or ſubjects of either of
them, to the people or fubjects of the other, againſt the
articles of this alliance, or againſt common right, there
fhall not therefore be given letters of reprifal, marque,
or counter-marque, by any of the confederates, until fuch
time
( 91 )
time as juftice is fought and followed in the ordinary
courfe of law. But if juftice be denied or delayed, then
the King whoſe people or inhabitants have received harm,
fhall afk it of the other, by whom (as is faid) the juſtice
ſhall have been denied or delayed, or of the commiffion-
ers that ſhall be, by the one King or the other, appointed
to receive and hear ſuch demands, to the end that all fuch
differences may be compounded in friendfhip, or accord-
ing to law. But if there fhould be yet a delay, or juf-
tice ſhould not be done, nor fatisfaction given within fix
months after having the fame fo demanded, then may be
given letters of reprifal, marque or counter-marque.
IV. That between the King of Great Britain, and the
King of Spain, and their refpective people, fubjects and in-
habitants, as well upon fea as upon land, and freſh-waters,
in all and every their kingdoms, lands, countries, domi-
nions, confines, territories, provinces, iflands, plantations,
cities, villages, towns, ports, rivers, creeks, bays, ftreights,
and currents, where hitherto trade and commerce hath
been accuſtomed, there fhall be trade and commerce,
in fuch way and manner, that without fafe conduct, and
without general or particular licence, the people and fub-
jects of each other may freely, as well by land as by fea,
and freſh-waters, navigate and go into their faid countries,
kingdoms, dominions, and all the cities, ports, currents,
bays, diftricts, and other places thereof; and may enter
into any port with their fhips laden or empty, carriage or
carriages, wherein to bring their merchandize, and there
buy and fell what, and how much they pleaſe, and alſo at
juft and reaſonable rates provide themfelves with provi-
fions, and other neceffary things, for their fubfiftence and
voyage; and alfo may repair their fhips and carriages, and
from thence again freely depart with their fhips, carriages,
goods, merchandize and eſtate, and return to their own
countries, or to fuch other places as they shall think fit,
without any moleftation or impediment, fo that they pay
the duties and cuſtoms which ſhall be due, and faving to
either fide the laws and ordinances of their country.
V. Item, It is likewife agreed, that for the merchan-
dizes which the fubjects of the King of Great Britain fhall
buy in Spain, or other the kingdoms or dominions of the
G4
King
(92)
King of Spain, and ſhall carry in their own fhips, or in fhips
hired or lent unto them, no new cuftoms, toll, tenths, fub-
fidies, or other rights or duties whatfoever, fhall be taken
or increaſed, other than thoſe which in the like cafe the
natives themſelves, and all other ſtrangers are obliged to
pay; and the fubjects aforefaid buying, felling and con-
tracting for their merchandizes, as well in refpect of the
prices, as of all duties to be paid, fhall enjoy the fame pri-
vileges which are allowed to the natural fubjects of Spain;
and may buy, and lade their fhips with fuch goods and
merchandizes; which faid fhips being laden, and cuſtoms
paid for the goods, fhall not be detained in port upon any
pretence whatſoever; nor fhall the laders, merchants, or
factors, who bought and loaded the goods aforefaid, be
questioned after the departure of the faid fhips, for any
matter or thing whatfoever concerning the fame.
VI. And to the end that the officers and minifters of all
cities, towns, and villages belonging to either, may nei-
ther demand nor take from the refpective merchants and
people, greater taxes, duties, ftipends, recompences, gifts,
or any other charges, than what ought to be taken by vir-
tue of this treaty; and that the faid merchants and people
may know and underſtand with certainty what is ordained
in all things touching this, it is agreed and concluded,
that tables and lifts fhall be put up at the doors of the cuf-
tom-houſes and regiſtries of all the cities, villages, and
towns of, or pertaining to one or the other King, where
fuch rights and excifes, or cuſtoms, are uſually paid; in
which, how much, and of what quality, fuch rights, cuf-
toms, fubfidies, and payments, either to the Kings, or any
the aforefaid officers are allowed, fhall be put down in wri-
ting, declaring as well the fpecies of what is imported, as
what is carried out. And if any officer, or any other in
his name, upon any pretence whatfoever, in public or
fecret, directly or indirectly, fhall afk or receive of any
merchant, or other perfon refpectively, any fum of mo-
ney or other thing, by the name of right, due, ftipend,
allowance, or recompence, (though it be by the way of
voluntary donative) more or otherwife than aforefaid, the
faid officer or his deputy being in fuch manner guilty, and
convicted before a competent judge in the country where
the
( 93 )
the crime is committed, fhall be put in prifon for three
months, and ſhall pay thrice the value of the thing fo re-
ceived; of which, the half fhall 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 ſhall
happen.
VII. That fhall be lawful for the ſubjects of the King
of Great Britain, to bring out and carry into Spain, 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 merchandize, clothes, manufactures,
and things of the kingdom of Great Britain, and the ma-
nufactures, goods, fruits, and kinds of the iſlands, towns,
and plantations to him appertaining, and what fhall have
been bought by English factors on this fide, or farther on
the other fide of the cape of Buena Efperanca, without
being enforced to declare to whom, or for what price they
fell their faid merchandize and provifions, or being mo-
lefted for the errors of the mafters of the fhips, or others,
in the entry of the goods; and at their pleaſure to return
again out of the dominions of the King of Spain, with all,
or any goods, eftates, and merchandize, to any of the
territories, iſlands, dominions, and countries of the King
of England, or to any other place, paying the rights and
tributes mentioned in the antecedent chapters; and the reft
of all their lading which is not brought to land, they may
detain, keep and carry away in their faid fhip or fhips, vef-
fel or veffels, again, without paying any right or impofi-
tion whatſoever for it, as if therewith they had never been
within any bay or port of the Catholic King. And all
the goods, eftates, merchandize, fhips, or other veffels,
with any things introduced into the dominions or places of
the crown of Great Britain as prizes, and judged for fuch
in the ſaid dominions and places, fhall be taken for goods
and merchandize of Great Britain, comprehended fo by
the intention of this article.
VIII. That the fubjects and vaffals of the moſt ferene
King of Great Britain, may bring and carry to all and fin-
gular the dominions of the King of Spain, any fruits and
commodities of the Eaft Indies, it appearing by teftimony
of
(94)
of the deputies of the Eaft-India Company in London,
that they are of, or have come from the English conquefts,
plantations or factories, with like privilege, and according
to what is allowed to the fubjects of the United Provinces,
by the royal cedulas of Contravando, bearing date the
27th of June, and the 3d of July, 1663, and published on
the 30th of June, and 4th of July, the fame
year. And
for what may concern both the Indies, and any other parts.
whatſoever, the crown of Spain doth grant to the King of
Great Britain and his fubjects, all that is granted to
the United States of the Low Countries, and their ſub-
jects, in their treaty of Munfter, 1648, point for point,
in as full and ample manner as if the fame were herein
particularly inferted, the fame rules being to be obſerved,
whereunto the fubjects of the faid United States are
obliged, and mutual offices of friendſhip to be performed
from one fide to the other.
IX. That the fubjects of the King of Great Britain,
trading, buying, and felling in any of the kingdoms, go-
vernments, iflands, ports, or territories, of the faid King
of Spain, fhall have, ufe, and enjoy all the privileges and
immunities, which the faid King hath granted and con-
firmed to the English merchants that refide in Andaluzia,
by his royal cedulas or orders, dated the 19th day of
March, the 26th day of June, and the 9th day of No-
vember, 1645, his Catholic Majeſty, by theſe preſents, re-
confirming the fame as a part of this treaty between the
two crowns. And to the end that it may be manifeft to
all, it is confented, that the faid ſchedules (as to the whole
fubftance thereof) be paffed and transferred to the body of
the preſent articles, in the name and favour of all and fin-
gular the fubjects of the King of Great Britain, refiding
and trading in any places whatſoever, within his Catholic
Majefty's dominions.
X. That the fhips, or any other veffels that ſhall be-
long to the King of Great Britain, or his fubjects, navi-
gating into the King of Spain's dominions, or any of his
ports, fhall not be vifited by the judges of counterband, or
by any other officer or perfon, by his own, or by any other
authority; nor fhall any foldiers, armed men, or other of-
ficers or perfons, be put on board any of the ſaid ſhips or
veffels ;
( 95 )
veffels; nor fhall the officers of the custom-houfe of the
one or the other party, fearch in any veffels or ſhips be-
longing to the people of the one or the other, which ſhall
enter into their regions, dominions, or refpective ports,
until their ſaid ſhips or veffels are unladen, or until they
have carried on fhore all the lading and merchandize
which they declare they reſolve to diſembark in the faid
port; nor fhall the captain, maſter, or any other of the
company of the faid fhips, be imprifoned, or they or their
boats detained on fhore; but in the interim, officers of the
cuſtom-houſe may be put on board the faid veffels or
fhips, fo they exceed not the number of three for each
ſhip, to fee that no goods or merchandize be landed out of
the faid fhips and veffels, without paying fuch duties as by
theſe articles either party is obliged to pay; which faid of-
ficers are to be without any charge to the fhip or ſhips,
veſſel or veſſels, their commanders, mariners, company,
merchants, factors, or proprietors. And when it happens
that the maſter or owner of any fhip fhall declare the
whole lading of his faid ſhip is to be difcharged in any
port, the entry of the faid lading fhall be made in the cuf
tom-houſe, after the ufual manner; and if, after the entry
made, any other goods be found in the faid fhip or fhips,
more than what are contained in the ſaid entry, eight
working days fhall be allowed them, on which they may
work, (which fhall be reckoned from the day they began
to unlade) to the end that the concealed goods may be en-
tered, and the confiſcation of them prevented and in caſe
that in the time limited, the entry or manifeſtation of
them, fhall not have been made, then fuch particular
goods only, which fhall be found, as aforefaid, though the
unlading be not finiſhed, fhall be confifcated, and not
any other, nor fhall other trouble be given, or puniſhment
inflicted on the merchant or owner of the fhip; and when
the ſhips or veffels are reladen, they may have freedom to
go out again.
XI. That the fhip or fhips appertaining to the one or
the other King, or to their reſpective people and ſubjects
that ſhall enter into any ports, lands, or dominions of the
one or the other, and ſhall diſcharge any part of their goods
and merchandizes in any port or haven, being configned
with
( 96 )
with the reft to other places, within or without the ſaid do-
minions, fhall not be obliged to regiſter or pay the rights
of any other goods or merchandizes, than of that which
they shall unlade in the faid port or haven, nor be con-
ftrained to give bond for the goods they fhall carry to
other places, nor any other fecurity, if it be not in cafe
of felony, debt, treafon, or other capital crime,
XII. Whereas, the one moiety of the cuftom of all fo-
reign goods and merchandizes imported into England, is
allowed and returned back to the importer, if the faid
goods be exported out of the faid kingdom within twelve
months after the firft landing, upon oath made that they
are the fame goods which paid cuftom inwards, and that if
they be not refhip'd within the faid twelve months, yet
they may at all times be exported without paying any cuf-
tom or duty outwards: it is therefore agreed, that if any
the fubjects of the King of Great Britain, fhall hereafter
land any goods or merchandizes, of what growth or nature
foever they be, in any of the ports of his Catholic Majefty,
and having entered them, and paid the custom which by
this treaty ought to be paid, and fhall afterwards defire to
tranſport them, or any part of them, to any other place
whatſoever, for a better market, it fhall and may be law-
ful, 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 the
landing; and in cafe that the fubjects, people, and inha-
bitants of the dominions of either part fhall unlåde, or
have in any city, town, or village refpectively, any
goods, merchandizes, fruits, or eſtates, and have paid the
cuſtoms due, according to what hath been declared, and
after that, not being able to put them off, fhall reſolve to
remit them to fome other city, town, or village of the faid
dominions, they may not only do it without difficulty or
impediment, and without paying other rights than what
were due at their entry, but likewife the custom or rights
fhall not be paid again in any other part of the faid do-
minions, bringing certificates from the officers of the cul-
tom-houſe, that they were paid before in the due form.
And the chief farmers and commiffioners of the King of
Spain's
( 97 )
Spain's rents in all places, or fome other officer or officers
to be appointed for that purpofe, fhall at all times permit
and fuffer the tranfportation of all fuch goods and mer-
chandizes from place to place, and give fufficient certifi-
cate to the owners thereof, or their affigns, of their hav-
ing paid their cuſtom at their firſt landing whereby they
may be carried to, and landed at any other port or place
of the faid jurifdiction, free from all dutes or impediments
whatſoever, as aforefaid, faving always the right of any
third perfon.
XIII. That it fhall be lawful for the fhips belonging to
the fubjects of the one or the other King, to anchor in the
roads or bays of either, without being conſtrained to enter
into port; and in cafe they be neceffitated to enter there-
into, either by diftrefs of weather, fear of enemies, pi-
rates, or any other accident, in cafe the faid fhips be not
bound to an enemy's port, and carrying thither contra-
band goods, (whereof without fome clear proof they fhall
not be queftioned) it fhall be lawful for the faid fubjects to
return to fea freely when they pleaſe, with their ſhips and
goods, fo as they do not break bulk, or expofe any thing
to fale; and that when they caft anchor, or enter the ports
aforefaid, they be not molefted or viſited; and it fhall
fuffice, that in this cafe they fhew their paffports, or fea-
papers, which being feen by the refpective officers of
either King, the faid fhips fhall return freely to fea with-
out any moleftation.
XIV. And if any fhip or fhips belonging to the fubjects
and merchants of the one or the other, entering into bays,
or in the open ſea, fhall be encountered by the fhips of
the faid Kings, or of privateers their fubjects, the faid
ſhips, to prevent all diſorders, fhall not come within can-
non 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 ſhall fhew his paffports and
fea-letters, according to the form which fhall be inferted
at the end of this treaty, whereby not only the fhip's lading,
but the place to which the belongs, and as well the maſter
and owner's name, as the name of the fhip, may appear;
by which means the quality of the fhip, and her master or
owner, will be fufficiently known, as alfo the commodities
the
( 98 )
fhe carries, whether they be contraband, or not; to the
which paffports and fea-letters, entire faith and credit ſhall
be given, fo much the rather, for that as well on the part
of the King of England, as of the King of Spain, fome
counter-figns fhall be given, if it fhall be found neceffary,
whereby their authenticalneſs may the better appear, and
that they may not be in any ways falfified.
XV. If any prohibited merchandize or goods fhall be
exported from the kingdoms, dominions, and territories of
either of the faid Kings, by the refpective people or fub-
jects of the one or the other, in fuch cafe the prohibited
goods fhall be only confifcated, and not the other goods;
neither ſhall the delinquent incur any other puniſhment,
encept the ſaid delinquent ſhall carry out from the refpec-
tive kingdoms or dominions of the King of Great Britain,
the proper coin, wool, or fullers-earth of the faid king-
doms; or fhall carry out of the refpective kingdoms or
dominions of the faid King of Spain, any gold or filver,
wrought or unwrought; in either of which cafes, the laws
of the refpective countries are to take place.
XVI. That it fhall be lawful for the people and ſub-
jects of both Kings, to have access to the refpective ports
of the one and the other, and there remain, and depart
again with the fame freedom, not only with their fhips, and
other veffels for trade and commerce, but alfo with their
other ſhips fitted for war, armed, and diſpoſed to reſiſt and
engage the enemy, and arriving by ftrefs of weather to re-
pair their fhips, or furniſh themſelves with provifions; ſo
that entering willingly, they be not fo numerous, that they
give juft occafion of fufpicion, to which end they are not
to exceed the number of eight, nor continue in their ha-
vens, nor about their ports, longer time than they ſhall
have juſt cauſe for the repair of their fhips, to take in
provifions, or other neceffary things, much lefs be the oc-
cafion of interrupting the free commerce, and coming in
of other fhips, of nations in amity with either King; and
when an unuſual number of men of war by accident fhall
come unto any port, it ſhall not be lawful for them to
come into the faid ports or havens, not having firſt ob-
tained permiffion of the King unto whom the faid ports do
belong, or the governor of the faid ports, if they be not
forced
( 99 )
forced thereinto by ftrefs of weather, or other neceffity,
to avoid the danger of the fea; and in ſuch caſe they ſhall
preſently acquaint the governor, or chief magiftrate of the
place, with the caufe of their coming; nor fhall they re-
main there any longer time than the faid governor or ma-
giftrate fhall think convenient, or do any act of hoftility
in fuch ports, that may prove of prejudice to the one or
the other of the faid Kings.
XVII. That neither the faid King of Great Britain,
nor the King of Spain, by any mandate general, nor par-
ticular, nor for any caufe whatfoever, fhall embark or
detain, hinder or take, for his reſpective ſervice, any mer-
chant, mafter of a fhip, pilot, or mariner, their fhips,
merchandize, eloaths, 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 perfons to whom the ſhips
belong, be firſt advertiſed thereof and do agree thereun-
to: provided that this fhall not be conftrued to hinder or
interrupt the ordinary courſe of juſtice and law in either
country.
XVIII. That the merchants and fubjects of the one
and the other King, their factors and fervants, as alfo
their fhips, mafters, or mariners, may as well going as
coming, upon fea and other waters, as in the havens and
-ports of the one and the other refpectively, carry and uſe
all kind of arms, defenfive and offenfive, without being
obliged to regiſter them, as alſo upon land to carry and
ufe them for their defence, according to the cuſtom of the
place.
XIX. That the captains, officers, and mariners, of the
fhips belonging to the people and fubjects of either party,
may not commence an action, nor hinder or bring trouble
upon their own fhips, their captains, officers, or mariners,
in the reſpective kingdoms, dominions, lands, countries,
or places of the other, for their wages or falaries, or un-
der any other pretence. Nor may they put themſelves, or
be received, by what pretext or colour foever into the
fervice or protection of the King of England, or King of
Spain, or their arms; but if any controverfy happen be-
tween merchants and mafters of fhips, or between mafters
and mariners, the compofing thereof fhall be left to the
conful
(100)
conful of the nation, but after fuch manner, as he who
ſhall not ſubmit to the arbitrement, may appeal to the or-
dinary juſtice of the place where he is fubject.
XX. And to the end that all impediments be taken
away, and that the merchants and adventurers of the king-
doms of Great Britain, be permitted to return to Brabant,
Flanders, and other the provinces of the Low Countries,
under the jurifdiction of the King of Spain; forafmuch 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 foever, dyed or undyed, milled or unmilled, into
Flanders, or the other provinces, hath been prohibited,
be revoked and difannulled; and that if any right, tri-
bute, impofition, charge, or money, hath been, with per-
miffion, or otherwife, put upon cloths, or any of the afore-
faid woollen manufactures fo imported, (except the ancient
tribute upon every piece of cloth, and proportionably upon
every other woollen manufacture, agreeable to the an-
cient treaties and agreements between the then Kings of
England, and the Dukes of Burgundy, and Governors of
the Low Countries) the fame fhould be altogether void,
and no fuch tribute or impofition from henceforth impofed,
or put upon the faid cloths or manufactures, for any caufe
or pretext whatſoever; and that all the Engliſh merchants,
trading in any of the faid provinces, their factors, fervants,
or commiſſioners, fhould enjoy from henceforward, all the
privileges, exemptions, immunities, and benefits, which
formerly have been agreed and given by the aforeſaid an-
cient 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
fhall be named by the King of Great Britain, who meet-
ing with the Marquis of Caftel-Rodrigo, or the governor
of thofe provinces for the time being, or any other minif-
ters of the King of Spain, fufficiently authoriſed in this be-
half, fhall friendly treat and conclude hereupon; and
alfo fuch further privileges, immunities, and neceffary ex-
emptions, fuitable to the prefent ftate of affairs, fhall be
granted for the encouragement of the faid merchants and
adventurers, and for the fecurity of their trade and com-
merce,
(io)
merce, as fhall be agreed upon in a ſpecial treaty, that
fhall be made between both the kings, touching this parti
cular.
XXI. The fubjects and inhabitants of the kingdoms
and dominions of the most ferene King of Great Britain
and Spain reſpectively, fhall with all fecurity and liberty
fail to, and traffic in all the kingdoms, eftates, or coun-
tries, which are or fhall be in peace, amity, or neutrality,
with the one or the other.
XXII. And they fhall not be disturbed or difquieted
in that liberty, by the fhips or ſubjects of the ſaid kings
refpectively, by reafon of the hoftilities which are, or may
be hereafter, between either of the faid kings, and the
aforefaid kingdoms, countries, and ſtates, or any of them,
which fhall be in friendſhip or neutrality with the other.
XXIII. And in cafe that within the faid fhips reſpec
tively, be found by the abovefaid means, any merchan-
dize hereunder mentioned, being of contraband and pro-
hibited, they fhall be taken out and confifcated, before
the Admiralty, or other competent judges; but for this
reaſon the ſhip, and the other free and allowed commodi-
ties which ſhall be found therein, fhall in no wife be either
feized or confifcated.
XXIV. Moreover, for better prevention of the dif-
ferences which might arife touching the meaning of for-
bidden merchandize and of contraband; it is declared
and agreed, that under this name fhall be comprehended
all fire-arms, as ordnance, mufkets, mortar-pieces, pe-
tards, bombs, granadoes, fire-crancels, fire-balls, mufket-
refts, bandeliers, gunpowder, match, falt-petre, and bul-
lets; likewife under the name of forbidden merchandize,
are underſtood all other arms, as pikes, fwords, pots,
helmets, backs and breaſts, halberds, javelins, and fuch
like armour; under this name is likewiſe forbidden the
tranſportation of foldiers, horfes, their harneffes, cafes of
piftols, holſters, belts, and other furniture, formed and
compofed for the ufe of war.
XXV. Likewiſe, to prevent all manner of diſpute and
contention, it is agreed, that under the name of forbid-
den merchandize, and of contraband, fhall not be com-
prehended wheat, rye, barley, or other grain, or pulfe,
VOL. II.
H
falt,
( 102 )
falt, wine, oil, and generally whatfoever belongs to the
fuftaining and nourishing of life, but they fhall remain free,
as likewife all other merchandizes not comprehended in
the preceding articles; and the tranfportation of them.
fhall be free and permitted, although it be to the towns and
places of enemies, unlefs fuch towns and places be befieged,
and blocked up, or furrounded.
XXVI. It is alſo agreed, that whatſoever fhall be found
laden by the fubjects or inhabitants of the kingdoms and
dominions of either of the faid Kings of England and Spain,
aboard the fhips of the enemies of the other, though it be
not forbidden merchandize, fhall be confifcated, with all
things elfe which fhall be found within the faid fhips, with-
out exception or reſerve.
XXVII. That the conful which hereafter ſhall refide in
any of the dominions of the King of Spain, for the help and
protection of the fubjects of the King of Great Britain,
fhall be named by the King of Great Britain, and he fo
named, fhall have and exercife the fame power and autho-
rity in the execution of his charge, as any other confult
hath formerly had in the dominions of the faid King of
Spain and in like manner the Spanish conful refiding in
England,fhall enjoy as much authority as the confuls of any
other nation have hitherto enjoyed in that kingdom.
XXVIII. And that the laws of commerce that are ob-
tained 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 reafon of their commerce or
other buſineſs, ſhould be moleſted for cafe of conſcience;
therefore, that the commerce be fecure, and without dan-
ger, as well upon land as fea, the faid King of Spain fhall
provide, that the fubjects of the faid King of Great Bri.
tain, fhall not be aggrieved contrary to the laws of com-
merce, and that none of them fhall be molefted or dif-
turbed for their confcience, fo long as they give no pub-
lic fcandal or offence; and the faid King of Great Britain
fhall likewife provide, for the fame reafons, that the fub-
jects of the King of Spain fhall not be molefted or diſturbed
for their confcience, against the laws of commerce, fo long
as they give no public fcandal or offence.
"
XXIX. That the people and fubjects refpectively of one
kingdom
:
(103)
kingdom, in the dominions, territories, regions, or colo-
nies of the other, fhall not be compelled to fell their mer-
chandize for brafs-metal coin, or exchange them for other
coin or things, against their will; or having fold them, tơ
receive the payment in other fpecies than what they bar-
gained for, notwithſtanding any law, or other cuſtom,
contrary to this article.
XXX. That the merchants of both nations, and their
factors, fervants, and families, commiffioners, or others
by them employed; as alfo mafters of fhips, pilots, and
mariners, may remain freely and fecurely in the ſaid do-
minions, kingdoms, and territories, of either of the faid
kings, and alfo in their ports and rivers; and the people
and fubjects of the one king, may have, and with all free-
dom and fecurity enjoy, in all the lands and dominions
whatfoever of the other, their proper houfes to live in,
their warehouſes and magazines for their goods and mer-
chandize, which they fhall poffefs during the time for which
they ſhall have taken, hired, and agreed for them, with-
out any impediment.
XXXI. The inhabitants and fubjects of the faid confe-
derate kings, in all the lands and places under the obedi-
ence of the one or the other, fhall ufe and employ thoſe
advocates, proctors, fcriveners, agents, and folicitors,
whom they think fit, the which ſhall be left to their choice,
and confented to by the ordinary judges, as often as there
fhall be occafion; and they fhall not be conftrained to
fhew their books and papers of account to any perfon, if
it be not to give evidence for the avoiding law-fuits and
controverfies; neither fhall they be embarked, detained,
or taken out of their hands, upon any pretence whatfo-
ever. And it fhall be permitted to the people and fub-
jects of either king, in the refpective places where they
fhall refide, to keep their books of account, traffick and
correfpondence, in what language they pleafe, in Engliſh,
Spaniſh, Dutch, or any other, the which fhall not be mo-
lefted, or ſubject to any inquifition. And whatſoevér
elfe hath been granted by either party, concerning this par-
ticular, to any other nation, fhall be understood likewife
to be granted here.
XXXII. That in cafe the eftate of any perfon or per
fons fhall be fequeftered, or feized on by any court of
juftice
H 2
( 104 )
juftice or tribunal whatfoever, within the kingdoms and
dominions of either party, and any eftate or debt happen
to lie in the hands of the delinquents belonging bona fide
to the people and fubjects of the other, the faid eftate or
debts fhall not be confifcated by any of the ſaid tribunals,
but ſhall be restored to the true owners in fpecie, if they
yet remain, and if not, the value of them, (according to
the contract and agreement which was made between the
parties fhall be restored within three months after the ſaid
fequeftration.
XXXIII. That the goods and eftates of the people and
fubjects of the one king, that ſhall die in the countries,
lands, and dominions of the other, fhall be preferved for
the lawful heirs and fucceffors of the deceaſed; the right
of any third perfon always referved.
XXXIV. That the goods and eftates of the fubjects of
the King of Great Britain, that fhall die without making a
will in the doininions of the King of Spain, fhall be put in-
to inventory, with their papers, writings, and books of ac-
count, by the conful, or other public 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 public minifter, to be kept for the proprietors and
creditors; and neither the Cruzada, nor any other judica-
tory whatſoever, fhall intermeddle therein; which alfo,
in the like cafe, fhall be obferved in England, towards the
fubjects of the King of Spain.
XXXV. That a decent and convenient burial-place
ſhall be granted and appointed to bury the bodies of the
fubjects of the King of Great Britain, who fhall die within
the dominions of the King of Spain.
XXXVI. If it fhall happen hereafter that any diffe-
rence fall out, (which God forbid) between the King of
Great Britain and the King of Spain, whereby the mutual
commerce and good correfpondence may be endangered,
the reſpective fubjects and people of each party fhall have
notice thereof given them in time, that is to fay, the ſpace
of fix months, to tranfport their merchandize and effects,
without giving them in that time any moleftation or trouble,
or retaining or embarking their goods or perfons.
XXXVII. All goods and rights concealed or embark-
ed,
( 105 )
ed, moveables, immoveables, rents, deeds, debts, credits,
and the like, which have not, with a formal notice of the
caufe, and by a legal condemnation, according to the or-
dinary juftice, been brought into the royal exchequer at
the time of concluding this treaty, fhall remain at the full
and free diſpoſal of the proprietors, their heirs, or of thoſe
who fhall have their right, with all the fruits, rents, and
emoluments thereof, and neither thofe who have conceal-
ed the faid goods, nor their heirs, fhall be moleſted for
this caufe, by the exchequers refpectively; but the pro-
prietors, their heirs, or thofe who fhall have their right,
fhall have, for the faid goods and rights, their action at
law, as for their own proper goods and eftate.
XXXVIII. It is agreed and concluded, that the peo-
ple and fubjects of the King of Great Britain, and of the
King of Spain, ſhall have and enjoy in the reſpective lands,
feas, ports, havens, roads, and territories of the one or the
other, and in all places whatfoever, the fame privileges,
fecurities, liberties, and immunities, whether they con-
cern their perfons or trade, with all the beneficial claufes
and circumſtances which have been granted, or fhall be
hereafter granted by either of the faid kings, to the moſt
Chriftian King, the States General of the United Provin-
ces, the Hans- Towns, or any other kingdom or ftate what-
foever, in as full, ample, and beneficial manner, as if
the fame were particularly mentioned and inferted in this
treaty.
XXXIX. In cafe any difference or difpute fhall happen
on either fide concerning thefe articles of trade and com-
merce, by either the officers of the Admiralty, or other
perfon whatſoever, in the one or the other kingdom; the
complaint being prefented by the party concerned, to
their Majefties, or to any of their council, their faid Ma-
jefties fhall caufe the damages forthwith to be repaired,
and all things, as they are above agreed, to be duly exe-
cuted; and in cafe, that in progrefs of time any frauds or
inconveniencies be diſcovered in the navigation and com-
merce between both kingdoms, againft which fufficient
prevention hath not been made in thefe articles, other pro-
vifions may be hereafter mutually agreed on, as fhall be
judged convenient, the prefent treaty remaining ftill in full
force and vigour.
XL. It
( 106 )
XL. It is likewife accorded and concluded, that the
moft ferene and renowned Kings of Great Britain and
Spain, fhall fincerely and faithfully obferve and keep, and
procure to be obſerved and kept, by their fubjects and in-
habitants refpectively, all and fingular the capitulations in
this prefent treaty agreed and concluded, neither fhall
they, directly or indirectly, infringe the fame, or confent
that the fame fhall be infringed by any of their fubjects or
inhabitants. And they fhall ratify and confirm all and
fingular the conventions before accorded by letters patents
reciprocally, in fufficient, full, and effectual form, and
the fame fo formed and made, fhall interchangeably deli-
ver, or caufe to be delivered, faithfully and really, within
four months after the date of thefe prefents; and they fhall
then, as foon as conveniently may be, caufe this prefent
treaty of peace and amity to be published in all places, and
in the manner accuſtomed.
In witneſs whereof, we the abovementioned Ambaffador
Extraordinary of the moft ferene King of Great Britain,
and the Commiffaries of the moft ferene King and Queen
of Spain, have put our feals to this prefent treaty, fub-
fcribed with our own hands, at Madrid the 3 day of May,
in the year 1667.
(L. S.) Sandwich.
(L. S.) Duc. de St. Lucar, &c.
(L. S.) F. Eberardo Nidar do.
(L. S.) Conde de Penaranda.
The Form of Letters which ought to be given by the Towns
and Sea-Ports, to the Ships and Veffels fetting fail from
thence.
TO
O all unto whom thefe prefents fhall come. We the
governors, confuls, or chief magiftrate, or commif
fioners of the cuftoms, of the city, town, or province of
N. do testify and make known, that N. N. maſter of the
fhip N. hath before us, under folemn oath, declared, that
the fhip N. of
tons, (more or lefs) of which he is
at prefent mafter, doth belong to the inhabitants of N. in
the dominions of the moft ferenc King of Great Britain.
And
(107)
And we, defiring that the faid maſter may be affifted in
his voyage and bufinefs, do entreat all perfons in general
and particular, who fhall meet him, and thofe of all places
where the faid maſter ſhall come with the faid fhip and her
merchandize, that they would admit him favourably, treat
him kindly, and receive the faid fhip into their ports, bays,
havens, rivers, and dominions, permitting her quietly to
fail, pafs, frequent, and negotiate there, or in any other
places, as fhall feem good to the faid mafter, paying ftill
the toll and cuftoms which of right fhall be due. Which
we will acknowledge gratefully upon the like occafions.
In witneſs whereof, we have figned thefe prefents, and
fealed them with the feal of our town.
I
Will. Godolphin.
Don Pedro Fernandez del Campo y Angulo.
ΡΕΤΙΤΙΟΝ.
Don Brian Johnſon, conful of the English nation, in
the beft form I can, do declare, that his Majeſty hath
been pleafed to difpatch divers cedulas, or grants, in fa-
vour of the faid nation, whereby they may have a particu-
lar judge confervator, that may take cognizance of their
caufes, as well being plaintiffs as defendants of the faid
nation; and in the articles of peace, in the ninth article,
and the thirty-eighth, it is exprefsly ordered and agreed, that
they fhould be kept with all the exemptions granted to the
faid Engliſh nation, together with the rights and privileges
granted to any other nation whatfoever, or to the Hans-
Cities as alfo doth appear by another cedula fet forth by
the Queen our Lady; and thefe Hans-Towns, have the pri-
vilege of a judge confervator, being either plaintiffs or de-
fendants, as the faid English nation hath, as appears by a
copy of the faid cedula, and the cedula which I now pre-
fent and ſwear to: Given in Madrid the 20th day of March,
in the year 1670. I entreat your Lordship therefore, to
command the faid cedulas, and articles of peace be peruf-
ed, and to order, that they be obferved, and executed
in all refpects; let thofe of the English nation, be either
H 4
plaintiffs
( 108 )
plaintiffs or defendants, providing as much as may be, in
favour of the faid nation: I afk juſtice, &c.
Don Brian Johnſon, Lic.
D. Juan de Oliver.
F
The QUE EN Governess.
CEDULA.
Orafmuch as the merchants of the English nation,
which trade in the city of Sevilla, have reprefented,
that they receive many vexations from the minifters which
refide therein, contravening the articles between this crown.
and that, humbly entreating me, that for the future they
may not be prejudiced in any thing that hath been agreed
to, or ordered in the articles of the peace, and that I would
order the neceffary difpatches to be given for the obfer-
vance thereof: as alfo that the cedulas which the King my
Lord (now in glory) granted them, in the year 1645, may
have their full force and vigour, as being part of the laſt
treaty adjuſted between me, and the moſt ferene King of
Great Britain, as is referred to in the ninth article, I
have conſented thereunto: wherefore I order and com-
mand the prefident of the court of degrees of the city of
Sevilla, and all other minifters thereof, to whom belongs
the performance of the one and the other, that in all re-
fpects whatſoever, they inviolably execute all what is con-
tained in the faid articles of peace, and granted by the ce-
dula referred to, whenfoever they are required by them,
or authentic copies, without going against the tenor there-
of in any wife, for fuch is my will. Given in Madrid, the
20th of March, 1670.
I
I THE QUEEN,
D. Diego de la Torre.
PETITION.
Don Brian Johnſon, conful of the English nation, ap-
pear before your lordships, and fay, that it is conve
nient for the faid nation, that Andrez Perez de Manfilla,
notary of the government of this city (before whom were
pub-
( 109 )
publiſhed the articles of peace, which were adjufted in the
year 1677, between this crown and that of England) do
give a copy of the ninth and thirty eighth articles, where-
fore I defire your Lordships, and humbly entreat, that you
caufe to be iffued out your compulfory mandate, to the
end that the faid Andrez Perez de Manfilla, may give an
abſtract of the faid articles; I aſk juftice.
T
THE A СТ.
Don Brian Johnfon.
HAT the faid Andrez Perez de Manfilla do give, on
the behalf of the faid conful, an authentic copy, at-
teſted in due form, of the two articles of the peace, which
this petition refers to, and that this act ferve for a mandate.
His Lordship Don Rodrigo Serrano y Trillo, of his Ma-
jeſty's council, prefident of the royal court of this city,
judge confervator of the English nation, has ordered it in
Sevilla, the 13th day of the month of September, in the
year 1670.
Before me,
Juan Goncales de Avellaneda.
A
Don Rodrigo Serrano y Trillo,
CERTIFICAT E.
NDREZ Perez de Manfilla, notary public for our
Lord the King, and for the government of this city,
do certify, that by the regiſters of public acts made upon
what hath been adjuſted, and concluded between this
crown and that of England, for renewing the articles of
peace, and commerce, which were publifhed in this city,
the 29th day of the month of December, in the year 1677,
by virtue of the cedula from our Lady the Queen, directed
to the Count de Humanes, who was then governor, and
colonel of the forces in this city and its diftricts, and which
copy, authorized and compared, is in the faid acts, and
with them a copy for the continuation and renewing of the
peace and amity between the two crowns of Spain and
Great Britain, printed in quarto, which is that which was
remitted to Madrid with the faid cedula, and is the fame
which was publiſhed in this faid city, and in the public
places
イ
​( 110 )
places thereof, and amongst the articles of the faid treaty
of peace, there are two, the one number nine, and the
other number thirty-eight, which are of the tenor follow-
ing, viz.
Article
HAT the fubjects of the King of Great Bri-
IX.tain, trading, buying and felling, in any of
the kingdoms, governments, iflands, ports, or territories
of the faid King of Spain, fhall hold, ufe, and enjoy, all
the privileges and immunities which the faid King hath
granted and cofirmed to the English merchants which re-
fide in Andalucia, by his royal cedulas or orders, made
the 19th of March, the 26th of June, and 9th of Novem-
ber, 1645; his Catholic Majefty, by thefe prefents, rati-
fying the fame, as part of this treaty between the two
crowns; and to the end that it may be manifeft to all peo-
ple, he hath confented that the faid cedulas, as to their
entire fubftance, be brought, transferred, and incorpo-
rated in thefe prefent articles, in the name, and in behalf,
of all and every of the fubjects of the King of Great Bri-
tain, refiding and trading in any part whatfoever, within
the dominions of his Catholic Majeſty.
Article T is agreed and concluded, that the people
XXXVIII and fubjects of the one and the other of
their faid Majefties, fhall have and enjoy in their refpec-
tive lands, feas, ports, roads, coafts, territories, and places
belonging to each other, the fame privileges, fecurities,
liberties and immunities, as well touching their perfons, as
their trade, which have been given, or fhall be given by
one or the other part, to the moſt Chriſtian King, or the
States General of the United Provinces of the Low Coun-
tries, or to the Hans-cities, or any other kingdom or ſtate
whatſoever, and that it be with all the claufes and circum-
ftances in their favour, in as full, ample, and beneficial a
manner, as if the fame was here particularly referred unto
and inferted.
As is manifeft and appears from the faid treaty of peace
and amity between this crown and that of Great Britain,
which now remains in my cuftody, to which I refer my-
felf; and that it may be manifeft, in virtue of the act paffed
by
4
(
III
III )
by Don Rodrigo Serrano y Trillo, of his Majefty's coun-
cil, and his prefident in the royal court of this city; and
at the requeft of Don Brian Johnfon, I have given thefe
prefents in Sevilla, the 15th day of the month of Septem-
ber, 1670. In teftimony of the truth,
Andrez Perez de Manfilla.
Cedula of Privileges granted by his Majefly to the English
which refide in Sevilla, St. Lucar, Cadiz, and Ma-
laga.
Do
ON Philip, by the grace of God, King of Caftile, of
Leon, of Arragon, of the two Sicilies, of Jerufalem,
of Portugal, of Navarre, of Granada, of Toledo, of Valen-
cia, of Majorca, of Sevilla, of Sardinia, of Cordova, of
Corcega, of Murcia, of Jaen, of the Algarves, of Algezi-
ra, of Gibraltar, of the islands of the Canaries, of the
Eaft and Weſt Indies, Iflands, and Terra Firma of the
ocean, Archduke of Auftria, Duke of Burgona, of Bra-
bant, and of Milan, Count of Apfburg, of Flanders, Lord
of Biſcay and of Molina, &c.
Forafinuch as on the part of you Richard Anthony,
conful of the English nation, by you, and in the name of
the vaffals of the King of Great Britain, information hath
been given to me, that by means of the peace, which be-
tween this and that kingdom is fettled, thofe which do re-
fide and commerce in Andaluzia, principally in the city
of Sevilla, San Lucar, Cadiz, and Malaga, humbly entreat
me, that I would be pleafed to confirm to you the privi-
leges, exemptions, and liberties which appertain to you, as
well by the articles of the faid peace, as by the confirma-
tions 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 Caftile and of Portugal, com-
manding 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 moft convenient for you, impofing puniſhments upon
whom
( 112 )
whom fhall 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 them, hav-
ing a due regard to the aforefaid, and becauſe that for the
occafions which I have of wars, you have offered to affift
me with two thoufand five hundred ducats of filver, pay-
ing one thousand down, and the other thoufand five hun-
dred remaining, in the month of April, of this prefent
year, for which Don Francifco Moreno, with the inter-
vention 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,
paffed a writing or obligation in form, before John Cortez
de la Cruz, my notary, I have thought fit, and by thefe
prefents, of my own proper motive, certain-knowledge,
and royal and abfolute power, which in this part I will
ule, and do ufe, as King and natural Lord, not acknow-
ledging any fuperior in temporals, I confirm and approve
the faid privileges of exemptions, and liberties which ap-
pertain to you, as well by the articles of the faid peace,
as by the confirmations of them, and the reft of the fa-
vours, indultos, which the King my Lord and father
granted you, and any others whatfoever, which have been
granted by my crowns of Caftile and Portugal, to the ſaid
vaffals in all, and through all, as therein, and in every
thing, and in part thereof is fpecified, contained, and
declared, that they may be firm, ftable, and valid to you,
and be obfcrved to you, kept and fulfilled, becauſe that
my intention and deliberate will is, that all thofe of the faid
nation may enjoy, and do enjoy them without any limi-
tation, with condition, that during the time they fhall refide
in Andaluzia, the faid English may not be put upon any
office, or in any public poft, nor made guardians, truf
tees, nor collectors, although they may be of the duties of
Alcavalus, and Millones, or other duties which relate to
my royal treaſury; nor fhall they demand from you loans,
or donatives, nor oblige you to farm any rents, nor take
your horfes or flaves.
And to do you further favour, in conformity of what
is capitulated in the faid peace, I will and permit that you
may, and do trade and commerce freely, and fell your
nier:
( 113 )
merchandizes and goods, and buy thofe of my kingdoms,
and carry them thence, obferving what is ordained by the
laws and decrees that treat thereof, paying into my royal
treaſury the duties that ought to be paid, prohibiting as I
do prohibt and command, that they do not take from you
by force, any merchandizes, as wheat or barley, although
it be for difpatch of my armadas, fleets, or galloons, nei-
ther for the Affentiftas, nor Eftranqueros, and the faid
privileges fhall be as to wheat and barley, according to the
tax; and as to other things and merchandizes, as you fhall
covenant and agree for, without taking them from you till
they have paid you for them, and that they fhall not, upon
the account aforefaid, give you any manner of trouble or
vexation.
And becauſe that many of you trade in bringing to the
ports of Andaluzia, city of Sevilla, and other parts, a great
quantity of bacallao, and other kinds of fifh dry and falt-
ed, which being the moft neceffary provifions that can be,
and creates you a great deal of coft and trouble, I will
and command that you enjoy the cuftom of the city of
Sevilla, in which it is ordered, that thofe which arrive
with any fifh dry and falted there, may not be impofed
any rate, but that they fell at the price they will, without
that it be neceffary that they manifeft it to more than to
the minifters which recovers my royal revenues, and that
if the fhips in which they bring the faid bacallao be great,
that they cannot come up the river, and fhall unload them
in barks, the Judge of the Admiralty, or any other, may
not put in the faid barks any guards at the cost of the
owners of them. In like fort I command, that in cafe it
appears that the faid fifh is rotten, and cannot be ſpent, it
be burnt or caft into the fea, without that by reafon there-
of there may be made any procefs against the owners,
or perfons that fold it, or be imprifoned or informed
againft.
And becauſe that the adminiftrator of the Almonari-
fargos, and divers other duties, which are recovered on
goods and merchandizes, have been uſed, upon informa-
tion given, to feize the perfon they fufpect, which, to
men of trade, occafions much difcredit, cofts, and vexa-
tions; my will is, and I command, that upon the faid in-
for.
( 114 )
5
}
formations, they only proceed againſt the merchandizes,
and not against the perfons, permitting them, as I do
permit them, that they may make, and do make their de-
fences againſt the ſaid vexations.
And whereas, according to one article of the faid peace,
which treats in matter of religion, notwithſtanding that in
fome law-fuit, it haih been endeavoured that they declare
whether they be Roman-catholics, or not, excufing giv
ing credit to the oath which they make, as being parties,
or as witneffes, I command, therefore, that in thofe mat-
ters they fhall not meddle with the natives of the faid
kingdom; but that the faid condition be fully obſerved,
without making them any fuch queftions; and to the oath
you fhall tender them in court, the fame faith and credit
fhall be given, as if they were natural Spaniards, without
that upon this account they are molefted, or troubled, or
receive any grievance.
And by reafon that for juftification of fome caufes, the
judges and juftices pretend that the merchants fhould ex-
hibit their books of trade, and thereupon they receive
vexation and trouble, I command and will, that the books
of the merchants of the faid nation be not taken from them,
but that they produce them in their own houſes, to take out
the article which fhall be appointed, without demanding
others; nor may be taken from them any other papers,
upon puniſhment of him that ſhall contravene herein, to
be chaftifed according to law.
And becauſe likewife the merchants enter their goods
in the cuſtom-houfe of the city of Sevilla, of all the duties,
which, becauſe they are many, is made upon one ſheet of
paper, and firmed and figned by all the officers, and re-
mains in poffeffion of the warehoufe keeper of the cuſtom-
houfe, that by virtue thereof, he may deliver fuch goods
as go in bales, packs, trunks, and chefts; and after they
have taken them out, and put them in their houſes and
warehouſes, the head waiter of the cuftom-houfe, and the
officers of the half per cent, fhall not fearch your houfes,
nor goods, caufing you trouble and vexation, aſking of
you the diſpatches, it being, manifeft that you cannot have
them, having left them in the power of the faid head waiter.
I prohibit therefore and command, that the houfcs of the
faid
( 115 )
faid merchants fhall not be vifited, nor be aſked of them
the difpatches of their goods, which doth not remain in
their cuftody, fo that this is to be underſtood, and is under-
ftood of the houſes which are within the walls of the faid
city. And that it may be known, thoſe who are of the faid
nation, let copies be given of the faid privileges, and ex-
emptions which concerns you, and were granted you, as
well by the articles of the faid peace, as in any other man-
ner whatſoever; and for the execution and accomplishing
of all the aforefaid, I command thofe of my privy council,
and the reft of my counfellors, juntas, and tribunals of my
court, and the preûdents, and juftices of my courts, as al-
fo the judges, and juftices of the peace belonging to my
houfe, court, and chancery, and the regent, and judges
of my court de Grados, in the city of Sevilla, and the chief
magiftrate of the court thereof, and all mayors, governors,
magiftrates, and other inferior officers, as well of the faid
cities of Sevilla, Cadiz, and Malaga, and San Lucar de
Barrameda, as of all other cities, towns, and places of
theſe my kingdoms, and dominions, and judges, and juf
tices thereof, of whatever quality and condition they may
be, to whom principally or accidentally it fhall concern in
any manner whatfoever, the accompliſhing of all that is
contained in this my letter, that as foon as they fhall have
been required herewith, or with a copy thereof figned by
a public notary, (to which fhall be given as much credit
as to the original) each one for that part which fhall concern
him, obferve and accomplish, caufe to be obferved and
accompliſhed, in all, and through all, as is contained there-
in, without that in the whole, or in part, there be put any,
impediment, or other doubt, or difficulty that fhall oppofe
or contravene its tenor, and form, nor confent, or allow
that it be interpreted, limited, or fufpended in whole, or
part, contrary to the cedulas, provifions, or other or-
ders for obfervance thereof, in that part which fhall relate
to each of you, and that they provide, and give the necef-
fary orders for the greater fecurity of the favour, which by
this my letter I grant you, and that at all times, this fa-
vour may be certain and fecure to you, that you may
have a judge confervator for Andaluzia, principally for the
faid cities of Sevilla, Malaga, Cadiz, and San Lucar de
Barrameda,
in
(116)
Barrameda, to whom I fhall give fufficient commiffion for
the prefervation and accomplishing of the faid privileges,
liberties and exemptions, (which may oblige and compel
all and every perfon whatſoever, of whatſoever condition,
or quality foever they be) as fhall concern the ſaid nation,
as well in thofe in which they fhall be defendants, as in
thofe in which they fhall be plaintiffs, although the perfon
which fhall fue them, and of whom they fhall be fued, may
have any other fpccial judges whatfoever, as well by co-
venant or contract which they may have made, as by the
preeminencies or immunities which they may have, becauſe
that of the ſaid cauſes only the faid judge confervator may
take cognizance, and no other judge or tribunal whatfo-
ever, although it be for any excefs or notorious crimes,
or in any other manner and form whatfoever; and the
faid judge confervator for the prefent, fhall be doctor Don
Franciſco de Vergara, judge of my court of degrees of
the city of Sevilla, during the time that he ſhall act therein,
and, in his abfence, doctor Don Francifco de Medrano,
judge of the fame court, who, for matters and law-fuits
which fhall offer in the faid cities of Cadiz, Malaga, and
San Lucar, may fubftitute his confervatorfhip in the
per-
fon that ſhall be propofed by the faid nation, that they
may be laid before, and remitted to him, for the deter-
mination thereof; and of that which fhall be fo deter-
mined by him, they may appeal to my council, and not to
any other tribunal, and becauſe that my will is, that each
one in his time may have jurifdiction and ſpecial commif-
fion, to protect and defend you in all that is contained in
this my letter, and that all of it may be obferved, and ac-
complished, in the form that it is offered to you; I have
thought fit to give charge, as by thefe prefents I give
them charge of the protection and defence thereof, and
command them, that they fee this my letter, and the qua-
lities, and conditions, and preeminencies, and amplifica-
tions, contained therein, and caufe all of it to be obſerved
and accompliſhed, in the form accordingly, and in the
manner that is contained therein, and declared, without
confenting or allowing that in whole or in part, they may
put, or do put any doubt or difficulty therein; and before
the faid Don Francifco de Vergara, and in his abſence
before
( 117 )
before the faid Don Francifco de Medrano, and not be-
fore any other fpecial judge, the firft motion fhall pafs,
and be followed in all caufes and law-fuits for what relates
thereunto, and caufe the fame to be executed, and a chaf-
tifement of the difobedient, for fuch is my will; and that
the cognizance and determination of all that is contained
in this ſpecial letter, fhall concern them, and doth con-
cern them, that they proceed against thofe that fhall be
guilty, executing on them fuch penalties as the law requires,
referving, as I do referve to my council, the appeals,
which by their acts and fcentences they fhall interpofe, and
not for any other tribunal, without that any of the rest of
my councils, tribunals, courts or chanceries, or any other
judges or juftices of thefe my kingdoms and dominions, of
whatfoever quality they be, may intermeddle, or do inter-
meddle therein, neither in the practice nor exerciſe of the
fpecial jurifdiction, by which this my cedula I grant them,
be it by way of excefs, appeal, or any other recourfe
whatfoever; to whom and to each of them I inhibit, and
hold for inhibited their cognizance, and declare them for
judges incompetent thereof, for the whole, and in each
thing and part thereof, granting them as full and com-
pleat power, and moft ample commiffion as in law is re-
quired, and is neceffary, with their incidencies, dependen-
cies, annexities, and connexities; and that, after them, the
faid English nation of the faid city of Sevilla, may name
in the faid commiffion, one of the judges of the faid court,
whom the faid nation fhall think fit; and I command the
prefident, and thofe of my privy council, that prelenting
before them his name, in cafe the faid commiffion be va-
cant by promotion, or vacation of the faid Don Francif-
co de Vergara, or Don Francifco de Medrano, or in any
other manner, they fhall be diſpatched by him that ſhall be
named, in the form accordingly, and as by this my
is ordained: and for the better performance hereof, for
time to come, I grant them power, licence, and authority,
that they may fubftitute, and do fubftitute this commiffion
for matters and law-fuits, which hall offer in the faid ci-
ties of Cadiz and Malaga, and San Lucar de Barrameda,
in the perfon which by you fhall be propofed to them,
that they may examine matters, and bring them to a conclu-
VOL. II.
I
fion,
letter
( 118 )
fion, and remit them the caufes and law-fuits you fhall
have, to determine them in the form they fhall think fit,
and fee convenient for the fecurity of what is contained
in this my letter; and I encharge the moft ferene Prince,
Don Balthafar Carlos, my very dear and beloved fon,
and commanded the infantes, prelates, dukes, marqueffes,
counts, barons, knights, efquires, governors of caſtles, for-
treffes and plains, and thofe of my council, preſident and
judges of my courts, officers of my houfe and court, and
chancery, and all mayors, governors, deputy-governors,
juſtices of the peace, and other whatſoever juftices and
judges of my kingdoms and dominions, that they obſerve
to you and accompliſh, and caufe to be obferved and ac-
compliſhed, this my letter and favour, which I do grant
you, and against the tenor and form thereof, not to go,
nor act now, nor at any time, nor by any manner per-
petually, for ever, nor confent, nor allow that they be limit-
ed to you, or fufpended in the whole, or in part, all its con-
tents, whatfoever laws, or orders of thefe my kingdoms,
and dominions, ordinances, ftile, uſe and cuſtom of the
ſaid cities of Sevilla, Cadiz, Malaga, and San Lucar, and
all others which they have or may have to the contrary
notwithſtanding, forafmuch as doth concern thefe prefents,
accounting it to be here inferted and incorporated, as if it
had been word for word, and of this my letter Geronimo
de Canencia, my chief treaſurer and accountant, and my
ſecretary de la Media Anata, is to take cognizance, to
whofe charge is committed the account of the faid duty;
and I declare, that of this favour you have payed the
duty of Media Anata, which imports thirty and five thou-
fand, one hundred, fifty and five maravedis in filver, which
you are to pay every fifteen years perpetually, and that
being complied with, you ſhall not have the power to uſe
this favour, without that it first appears that you have fatis-
fied this duty, and alſo that you pay the judge conferva-
tor you ſhall name, the ſalary which he fhall enjoy by the
faid occupation, which is to be manifefted by certificate
from the office of this duty. Given in Zaragoza, the 19th
day of March, 1645.
I THE KING.
Second
( 119 )
Second cedula, amplifying and confirming the privileges granted
to the English nation.
Тос
10 doctor Don Franciſco de Medrano, judge of my
court of degrees of the city of Sevilla; know ye, that
by one of my letters and degrees of the 19th of March, of
this preſent year, I did grant (to Richard Anthony, con-
ful of the English nation, and to the ſubjects of the king-
dom of England, which refide and trade in Andaluzia,
principally in this city, and in that of Cadiz, and in that of
San Lucar de Barrameda) the privileges, exemptions and
licences, which appertain to them, as well as by the articles
of the peace, as by the confirmation, and other favours
and indultos, which the King my Lord and Father (now in
glory) granted them, and with the other qualities, condi-
tions, preeminences, and amplifications in the faid decree
declared, for having offered to ferve me with two thouſand
five hundred ducats of filver, according as more largely
thereby doth appear, to which I refer myfelf, and one of
the conditions which I did grant them, was, that I would
name and allow them a judge confervator for Andaluzia,
principally for the faid two cities, and San Lucar de Bar-
rameda, to whom ſhould be given fufficient commiffion,
for the obfervance and accompliſhment of the faid privile-
ges, liberties and exemptions, who ſhould take cognizance
of all caufes, both civil and criminal, which fhould be
brought againſt them, in which they were made defendants,
that before him fhould come all law-fuits, and caufes what-
foever, which ſhould concern the faid Engliſh, or any other
perfons whatſoever, of whatſoever quality they may be, as
well thofe in which they fhall be defendants, as in thoſe
in which they ſhall be plaintiffs, although the periíons that
fhall fue them may have special judges, as well by agree-
ment or contract, which they may have made, by the pre-
eminence or immunity which they may have, becauſe of
the faid caufes, only fhall take fpecial cognizance the ſaid
judge confervator, and no other judge, or tribunal, al-
though it may be by way of excefs, or in any other man-
ner or form whatfoever, and that for the caufes and fuits
that fhall offer in the faid cities of Cadiz and Malaga, and
I 2
San
(120)
San Lucar, may be fubftituted their commiffion in the
perfon, which by the ſaid nation fhall be propoſed, that he
may bring things to a conclufion, and that they be remitted
to him to determine, and of that which the faid judge
ſhall ſo determine, they may appeal to my council, and
not to any other tribunal, and that the time you fhall act
in the faid court, you fhall be efteemed as fuch, and in
your abſence, and after you, he whom the faid nation, in
the faid city of Sevilla thall appoint, and becauſe that my
will is, that all this be obferved and accompliſhed in the
form as is expreffed, I have thought fit to give charge to
you, and by this prefent do give charge of the protec-
tion and defence hereof, and command you that you fee
the faid decree, and the conditions, preeminences, and am-
plifications therein contained, and all of it to be obferved,
and accomplished in form accordingly, and after the man-
ner that in the faid decree, and in this my cedula is de-
clared, without confenting, or allowing that in the whole
or in part, may put or be put, any doubt or difficulty,
and before you, and not before any other judge, at the
firft inftance hall be brought and followed, all caufes and
law-fuits, which thereupon, or any other thing or part
thereof, fhall be made, and caufe cognizance to be taken
of all cauſes, civil and criminal, in which they fhall be
proſecuted, or against them fhall be attempted, and be-
fore you fhall be brought whatſoever law-fuits and caufes
which fhall concern the faid Englifh, between whatfoever
perfons, or whatfoever quality they may be, and the exe-
cution, and chaftifement of thofe that fhall difobey; be-
caufe that my will is, that the cognizance and determina-
tion of all that is contained in the faid proviſion, and in
this my
cedula of amplification, ſpecially ſhall and do con-
cern you, proceeding fully againſt thoſe that fhall be guilty,
executing upon them the punishment you fhall find by juf-
tice due to them, without that any of the tribunals, courts
of chancery, or any other judges, or juftices of my king-
doms and dominions of Caftile, of whatſoever quality they
may be, may intermeddle, or do intermeddle herein, nei-
ther in the ufe nor exercife of the fpecial jurifdiction in the
ſaid firſt inſtance, which by this my cedula I grant you,
be it by way of excefs, appeal, or any other recourfe or
manner,
( 121 )
manner, to whom, and to each of you, I inhibit, and hold
for inhibited their cognizance, declaring you for judges in-
competent thereof, as for the whole, and every thing, and
part thereof, and I grant you the moſt full and compleat
power, and moſt ample commiffion, as by law required
and neceffary, with their incidencies, dependencies, an-
nexities and connexities, and that after you, the faid Eng-
lifh nation of the faid city of Sevilla, may have power to
name in the faid commiffion, one of the judges of this
court, whom the faid nation fhall think fit, and I command
thofe of my privy council, that prefenting before them his
name, the ſaid commiffion being vacant by promotion or
otherwiſe, him who ſhall be named, fhall have his diſpatches
in due form, according as in this my cedula is ordained,
and that it may be better accompliſhed all that is con-
tained in the faid decree, and in this my cedula, I grant
you licence, power, and authority, that you may fubftitute,
and do fubftitute this commiffion for matters, and law-fuits
that fhall offer in the faid cities of Cadiz, Malaga, and
San Lucar, in the perſon that by the faid nation ſhall be
poropoſed to you, that you may conclude matters, you re-
miting to him the termination thereof, in the form you
fhall think fit, fuch as may be for the fecurity of the faid
decree, and that all may be obſerved in the form, which
by it is ordained and commanded, any laws and pragma-
ticas of my faid kidgdoms, and dominions, ordonances,
ftile, uſe and cuftom, or any thing whatfoever, to the con-
trary notwithſtanding: All which, and forafmuch as re-
lates to theſe preſents, I diſpenſe with, abrogate, and dero-
gate, make void and annul, count for nothing, and of no
value and force, and that thefe prefents remain in full
force and vigour for the future. Done in Zaragoza, the
26th of June, in the year 1645.
By command of our Lord the King.
DON
I THE KING.
Antonio Cannero,
ON Philip, by the grace of God, King of Caftile, of
the of Sicilie of of
Leon, of Arragon, of the two Sicilies, of Jerufa-
lem, of Navarra, of Granada, of Toledo, of Valencia, of
I 3
Galicia,
( 122 )
Galicia, of Majorca, of Sevilla, of Sardinia, of Corcega,
of Murcia, of Jaen, of Algarves, of Algecira, of Gib-
raltar, of the islands of Canary, of the Indies Eaft and
Weft, iflands and Terra Firma of the ocean fea, Archduke
of Auſtria, Duke of Borgona, of Brabant, and Millan,
Count of Abſpurg, of Flanders, of Tiroll, of Barcelona,
Lord of Biſcay and Molina, &c.
Forafmuch as by my letter and decree of the 19th of
March, of this preſent year, I did grant to you, the ſub-
jects of the King of Great Britain, who refide in Andaluzia,
a confirmation and approbation of the privileges, cedulas,
and franchises which were granted you by the crown of
Caftile and Portugal, and commanded that they should be
kept and obferved to you the faid articles of peace, made
between my crowns and that of England, and that by my
other cedula, of the 26th of June of the fame year, you may
name a judge confervator, that fhall take cognizance of all
your caufes civil and criminal, as well in thoſe in which
you ſhall be plantiffs as in thofe in which you fhall be de-
fendants, with other conditions, amplifications, and pre-
eminences in the faid decree and cedula contained, re-
ferring myself to the tenor thereof.
And now on your part relation having been made to
me, that having prefented the laft cedula in the affembly
of the court of degrees of the city of Sevilla, a copy there-
of was ordered to be given to Don Juan de Villalva, my
Fiſcal of the faid court, who kept it in his poffefſion from
the 15th of July, without having anfwered it till now,
which had hindered and deprived you of the benefit and
performance of the faid decree and cedula, to your great
prejudice and detriment, although by what is ordained
thereby, the judge confervator ought to take cognizance
of all caufes, civil and criminal, as well being plaintiffs as
defendants, with any perfon whatſoever you fhould trade
with, your intent being only to enjoy the faid peivileges
and judge confervator, when there fhould be any law-fuits
between thofe of your nation, whether you be plaintiffs or
defendants, and whether the caufes be civil, or whether
they be criminal, and when the fuits fhall be with Spani-
ards, or with other perfons of different nations, the con-
ſervator is to take cognizance fo far only of the caufes in
which
( 123 )
which you ſhall be civilly or criminally profecuted as de-
fendants, and not in which you ſhall be plaintiffs, humbly
intreating me, that whereas in this particular you have
waved and defifted from the faid privilege before Alonſo
de Alarcon, that I would be pleafed to declare it, with the
conditions, amplifications, and preeminences, as may be
moſt convenient for you, and fhall be moft neceffary for
the greater force of what is infifted, of what my pleaſure
fhall be; and becauſe that for the fervice of the wars, you have
offered to affift me with one thouſand five hundred ducats in
filver, payable at certain fixed days, I have thought
fit, and by theſe prefents I will and declare, that when the
fuits fhall be between thofe of your nation, whether you be
plaintiffs or defendants, or the caufes fhall be civil or
criminal, you ſhall enjoy the fame privilege and its condi-
tions and when the faid fuits fhall be with Spaniards, or
with other perfons of divers nations, then the judge con-
fervator fhall take cognizance, and do take cognizance.
only of the caufes in which you fhall be civilly or crimi-
nally defendants, and not when you fhall be plaintiffs.
And becauſe that the duties of excife of millones, which
are impoſed on bacallao dry and freſh, pilchards, herrings,
and falmon and other kinds of fith, freſh and falted, it
was ordered that it fhould be recovered of thofe which
confume it; and by reafon the farmers of theſe duties,
and judges which take cognizance of thefe caufes, do oc-
cafion you great grievances, and oblige you to pay two
hundred marvedis for each quintail of bacallao, and ac-
cordingly on other forts as are permitted, and upon the
arrival of the fhips at the ports of Malaga, Cadiz and San
Lucar, they oblige you to declare the quantity of fiſh you
bring, charging you by the great for the whole, oblig-
ing you to the payment thereof, as Money due to me,
and oblige you to the payment thereof in four months of
what it amounts to, which is unjust, becauſe that thoſe
who buy theſe kinds, are clergymen, fryars, monks, and
other perfons which have privileges and habits, mayors,
aldermen, and common-councilmen, for which caufe the
farmers of thefe duties will not recover them of fuch, but
recover them of you for the whole, without confidering
the quantity they ſteal from you, that which is rotten, and
what
I 4
( 124 )
what you ſpend in your own families, and if you infift on
the recovery thereof of fuch perfons, they treat you ill,
and do not pay you; therefore I will and command, that
this duty be recovered of the buyers and confumers, and
that the farmers put a perfon for their account, that may
recover the fame, as is done in the revenues of alcavala and
almoxarifazgo, with this condition, that you be obliged,
as I oblige you, that you fhall regifter all the faid kinds
of fiſh aforefaid, as you are obliged to do, according to
the general difpatches, without that this may be in any
manner avoided.
And becauſe from the vifits which the farmers of duties
make you, there refults a great deal of trouble, I will
and command, that in the cities of Malaga, San Lucar
and Cadiz, be obferved to you, and kept the privilege,
that they may not examine the merchandizes which are
in your houſes, according to what is ordered and com-
manded by the faid decree, of the nineteenth of March
of this preſent year, being the fame which is granted to
thoſe who refide in the city of Sevilla: and likewife I
command that the faid fearch may not be made by any
farmer, if in the Cuftom-houſe you have paid all the duties,
and that this be obferved to you, and accompliſhed in-
violably.
And becauſe that all fhips that come to thefe my faid
kingdoms, from thofe of England, Ireland and Scotland,
the minifter of the contrabands, and of the almoxarifazgo
upon fearching them as they enter the ports, cauſe great
vexations and trouble to the mafters of them, and ſhut
up the holes and hatches of the faid fhips, deferring the
vifiting them eight or fifteen days, putting waiters aboard
at the coſt of the mafters, who they will have to maintain
them, and make them prefents, I command the faid mi-
nifters, as well of the contraband, as thofe of the almoxarifaz-
go, and every of them, that within three days they fhall
and do make the faid vifit, without putting waiters aboard
them, or taking any duties by reafon thereof, and if they
fhall put them, it fhall be at the coft of the chief almoxari-
fazgo, and the Admiralty, fince you owe nothing: and
when there fhall come into the faid ports of Malaga, Ca-
diz, and San Lucar, any fhip with provifions or mer-
chandizes,
( 128 )
(125
chandizes, neither at the time of the vifit, and of the un-
loading, nor at any other, as aforefaid, I order that the
judges, and officers of the contraband, nor Admiralty,
nor any others, may not put, or do put in them waiters
at the coſt of the mafters or owners, nor do give you any
trouble, either the one or the other, upon that account,
according to what is ordered in the fourth article of the
inftitution of the faid Admiralty, by which it is expreft,
relating thereunto, for the fatisfaction of the waiters and
other officers, in the eighth article of the peace, in which
it is ordered, That the vaffals of the one King in the
territory of the other, ſhall be treated as the natives them-
felves, in whofe fhips never are put waiters at the coft of
the maſters or owners thereof.
And becauſe alfo that the officers of the contraband
in the ſaid ports, as ſoon as the fhips caft anchor, demand
of the maiters their manifeft, and if they do not find in
it the merchandizes that come configned to you, they
give you trouble, although you have the bills of lading
that the maſters have figned for them, to deliver them
according to their confignment, in which you receive a
great deal of damage, becauſe that the beft inftrument
you can have is the bills of lading, becauſe that by them,
you may oblige them by juſtice to deliver you your goods,
and if the mafters, by neglect or malice, do not write them
in the faid manifeft, it is not just that they execute the
puniſhment upon the owners of the goods, but upon the
mafters and ſhips, and in fo doing, the manifeft ſhall be
always juftifiable. Wherefore it is my will, and I declare,
that the maſters do comply with exhibiting their manifeft,
within three days after their arrival in the faid ports, and
I command, that by reafon hereof, the owner of the goods.
fhewing the bill of lading, you may not give him any
trouble, or moleftation whatſoever.
And becaufe likewife the judges for exportation, and
other officers, caufe you much trouble and vexation if
they find in the fhip any money, and it being neceffary
that the mafters have a fum according to the tonnage, to
buy fails, cables, anchors, and other neceffary ftores, I
give licence and permiffion, that having firft made a re-
gifter, as is ufual, every fhip may have three pieces of eight
for
( 126 )
for every ton, for the faid purpofe, and not for any other,
without therefore that upon that account they be put to
any trouble.
And becauſe, that alfo they of the excife office
of the faid city of Sevilla, occafion you trouble, vexation,
and law-fuits, faying, that there is an order that you
fhall manifeft the butter, leather, and other merchan-
dizes and provifions, and that you declare the price you
fell them at, and to what perfons, by which means it is
two years fince, that you have not brought any butter to
the faid city, and the order doth not relate to the ſtrangers
that bring theſe goods and provifions by fea, but only
with the retailers that go to buy them in the ports, and
bring them to the faid city to gain by them, I declare,
that you have no obligation to make the faid manifeft
and declaration, nor can they be obliged thereby to make
them, nor to make a proceſs againſt you; and if they do,
I command they be remitted to the judge confervator to
determine them.
And becauſe that many times you have taken leaſes of
the houſes in which you live, and keep your merchandizes,
and while you are in them, perfons of great authority take
them from you, before your leafe is expired, becauſe
they be large, and ftand where trade is, and oblige you
to remove the goods, whereby they are damaged, and
ftolen from you; I will, and command, that during the
time of your leafe, the faid houfes may not be taken from
you by any perſon, although he may be a judge, and have
a particular privilege.
And that all this may be certain and fecure, I com-
mand the regent, and judges of my court of degrees of
the city of Sevilla, and the judges of the courts thereof,
and my governor of the faid city, and his deputy, and
the other judges and juftices thereof, and of others what-
foever cities, villages, and places of my kingdoms, and
dominions of my crowns of Caftile, to whom principally
or accidentally fhall concern what is here contained, that
all caufes which fhall be depending, in which you ſhall be
defendants, being of the qualities in this my letter con-
tained, that they may provide and give order, that they
may be remitted prefently to the judge confervator, as I
have
( 127 )
have named you, in the poſture they fhall be, though
they may have been begun before, or after my faid de-
cree of the nineteenth of March, of this preſent year, to-
gether with the ſaid decrees, and cedulas (notwithſtanding
it having been ordered by my ſaid court of degrees, to give
a copy thereof to my faid judge) without making therein
any excufe, reply, doubt, or any difficulty whatsoever;
and I command, that they do not intermeddle, nor may
intermeddle in any thing concerning what is contained in
the faid decree and cedulas, and in this my letter, but
that they obferve, and fulfil, and cauſe to be obſerved,
and fulfilled, and executed in all, and through all, as
therein is contained, and that each of you, in that part
which fhall concern him, do caufe them to be put in true
and due execution effectually, fo as in all reſpects it may
be complied with, without that it be neceffary to have
further recourſe to me hereupon, whatſoever laws, and
pragmaticas of thefe my kingdoms and dominions, ordi-
nances, ftiles, uſe and cuſtom, which they have, or might
have, to the contrary notwithſtanding; with which, for as
much as relates to thefe prefents, I difpenfe, abrogate, and
derogate, make void and null, and give for no value and
effect, thefe prefents remaining in full force and vigour for
the future, and of this my letter the clerks of my royal
treaſury are to take notice, and I declare, that for this
grant, you have paid the duty of the media anata. · Given
in Valencia, the nineteenth day of November, in the year
one thouſand fix hundred forty-five.
TH
The Treaty of UTRECHT.
I THE KING.
HEIR royal Majefties do mutually promiſe, that
they will faithfully perform and fulfil all and every
one of the articles of the foregoing treaty, and all privileges,
conceffions, agreements, or other advantages whatſoever,
arifing to the fubjects on either fide, which are contained
in them, or in the annexed ſchedules; and that they will
at all times caufe the fame to be performed and fulfilled
by their miniſters, officers, or other fubjects, fo that the
fubjects on each fide may enjoy the full effect of all and
every one of them, (thofe only excepted, concerning
which
( 128 )
which fomething elfe fhall be eſtabliſhed in the follow
ing articles, to the mutual fatisfaction of each party) and
of all thofe likewife which are contained in the following
articles. Moreover, the treaty of 1670, made between the
crowns of Great Britain and Spain, for preventing all dif
ferences, reſtraining depredations, and eſtabliſhing peace
between the faid crowns in America, is again ratified and
confirmed, without any prejudice, however, to any contract
or other privilege or leave granted by his Catholic Majefty
to the Queen of Great Britain, or her fubjects, in the late
treaty of peace, or in the contract of Affiento, as likewiſe
without prejudice to any liberty or power, which the fub-
jects of Great Britain enjoyed before, either through right,
fufferance, or indulgence.
II. The fubjects of their Majefties, trading refpectively
in the dominions of their faid Majefties, fhall not be bound
to pay greater duties, or other imports whatfoever, for
their imports or exports, than fhall be exacted of, and paid
by the ſubjects of the moft favoured nation; and if it ſhall
happen in time to come, that any diminutions of duties, or
other advantages, fhall be granted by either fide, to any
foreign nation, the fubjects of each crown fhall recipro
cally and fully enjoy the fame. And as it has been agreed,
as is abovementioned, concerning the rates of duties, fo it
is ordained as a general rule between their Majefties, that
all and every one of their fubjects fhall, in all lands and
places fubject to the command of their reſpective Majeſties,
uſe and enjoy at leaſt the fame privileges, liberties, and
immunities, concerning all impofts or duties whatſoever,
which relate to perfons, wares, merchandize, fhips, freight-
ing, mariners, navigation, and commerce, and enjoy the
fame favour in all things (as well in the courts of juftice, as
in all thoſe things which relate to trade, or any other right
whatfoever) as the most favoured nation ufes and enjoys,
or may uſe and enjoy for the future, as is explained more
at large in the 38th article of the treaty of 1667, which is
fpecially inferted in the foregoing article.
III. Whereas by the treaty of peace lately concluded
between their royal Majefties, it was laid as the baſis and
foundation of the faid treaty, that the fubjects of Great Bri-
tain ſhould uſe and enjoy the fame privileges and liberty
of
( 129 )
of trade throughout all the dominions of Spain, which they
enjoyed in the time of Charles II. and therefore the fame
rule is likewife, and ought to be, the bafis and foundation
of the preſent treaty of commerce, (which is underſtood
to extend reciprocally to the fubjects of Spain trading in
Great Britain, in regard to whatfoever, by agreement, be-
longs to them) and whereas a certain, clear, and expe-
ditious method of paying the duties, is of the greateft ufe
in fettling trade upon a good foot, and to the mutual ad-
vantage of each nation; it is therefore agreed and con-
cluded, that within the ſpace of three months from the ra-
tification of this treaty, commiffaries appointed for that
purpoſe by their refpective Majefties, fhall meet on the
part of each of their royal Majefties, either at Madrid ar
Cadiz, by whom a new book of rates fhall, without any
delay of time, be made, which book of rates ſhall be pub-
liſhed in every port, and fhall contain and ſeverally ex-
prefs the duties which are hereafter to be paid for wares
brought into, or carried out of Caftile, Arragon, Valencia,
and Catalonia, and fhall fettle them in fuch a manner,
that all the different impofts which in the time of the late
King Charles II. were paid under feveral names, and in
different custom-houfes, for wares entering into, or going
out of the ports of Spain, (the kingdoms of Arragon and
Valencia, and the principality of Catalonia being compre-
hended therein, Guipufcoa and Bifcaya, of which mention
fhall be made hereafter, only excepted) fhall be put to-
gether, and be contained in one duty, and payable only in
one fum.
But whereas the Britiſh Ambaffador made preffing in-
ftances, that it might be given as a rule to the faid com-
miffaries, that no greater duties, or other impoſts whatſo-
ever, fhould be made payable in any port, wet or dry, in
his faid Catholic Majefly's dominions, by the faid new
book of rates, than what were paid in the cuſtom-houſes
of the port of St. Mary's, or Cadiz, in the reign of the
late King of Spain, Charles II. the Ambaffadors of Spain.
have confented, and it is agreed and ftipulated, that that
rule ſhall be obſerved in thoſe very ports of Cadiz and St.
Mary's; f that all augmentations of duties which were in-
troduced in the faid ports after the time of Charles II.
on
( 130 )
on occafion of the war, or under the title of babilitation,
or any other whatfoever, ceafing and being taken away,
the Britiſh fubjects fhall not, before or after the faid book
of rates is fettled, be bound to pay any greater duties, of
what fort foever, or under what name foever, for their im-
ports or exports in the ports of St. Mary's and Cadiz, than
what were paid there in the time of King Charles II.
Moreover, in regard to the ports of St. Mary's and
Cadiz, the faid commiffaries fhall be strictly enjoined not
to make the new book of rates according to the old indexes-
of duties, which, by reaſon of the exorbitant rights that
were appointed to be paid by them, ceaſed to be in ufe in
the time of Charles II. but thall follow the tenor of thoſe
indexes only (which, whether they were commonly called
arancel or regiſters) fhall be found to have fubfifted in the
time of King Charles II. and to have been the rule by
which the duties were then paid.
And it is further agreed, that the fubjects of Great Bri-
tain, having paid thefe duties for their wares in the ſaid
ports, to wit, thoſe, until the new indexes are made, which
were paid in the time of Charles II. or elfe fuch as fhall
be made payable by the faid new book of rates, fhall have
liberty to tranſport the faid wares, either by fea or land,
into any other port or place of the aforefaid dominions of
Spain, nor fhall the duties which were paid before, be re-
exacted on that occafion.
Moreover, for preventing all difputes, which (notwith-
ſtanding the exact administration of juftice in Spain in all
other reſpects) have formerly arifen concerning other du-
ties, which, to the great prejudice of trade and traders,
have been exacted formerly; it is agreed, that wares which
have paid the duties in the manner aforefaid at Cadiz, or
the port of St. Mary's, and are tranfported in order to be
fold by wholeſale, fhall be free and clear from any other
duty whatsoever, throughout all Spain, provided however,
that the proprietor of the faid wares or factors bring cer-
tificates, that the duties were duly paid in the manner afore-
faid, otherwife fuch wares fhall be looked upon as fraudu-
lently tranſported. But as to the payment of the rights
commonly called de Alcavalos, Cientos, and Millones, it is
agreed,
( 131 )
agreed, that it fhall be regulated according to the fifth and
eighth article of this treaty.
But becauſe the Spaniſh Ambaffadors are perfuaded that
the duties in every port of Spain cannot be reduced to the
fame rule with thofe which are or may become cuſtomary
in Cadiz, or the port of St. Mary's, without violating the
laws of Spain, and feveral privileges there, which have
the force of laws, nor without the too great prejudice of
their King and maſter; it is therefore thought proper to
leave this matter to the determination of the commif
faries who fhall be appointed to fettle the new book of
rates.
But his Catholic Majefty promifes, that he will imme-
diately take off all augmentations of duties in the faid
ports, which have been introduced there fince the time of
Charles II. on occafion of the war, or under the title of
habilitations, or any other whatſoever, and that either the
fame rule fhall be obferved in thofe ports, which is agreed
to in the ports of St. Mary's and Cadiz, or elſe at leaſt
that the fame rule fhall be obferved, as well before as
after the faid new book of rates fhall be made, which had
obtained in each refpective port in the time of King
Charles II. fo that hereafter no greater duties fhall be ex-
acted there, or in any other place of paffage, than what
were paid in the ſaid places in the time of Charles II.
In the fame places fhall be likewife obferved, what has
been above appointed in this article concerning the rights
de Alcavalos, Cientos, and Millones.
As to the ports of Guipufcoa and Bifcaya, and others,
not fubject to the laws of Caftile, in which lefs duties.
were paid in the time of Charles II. than at Cadiz, or in
the port of St. Mary's, his Catholic Majefty promifes,
that thofe duties fhall not be augmented in the faid places
by the new book of rates, but fhall, in the mean time, re-
main as they were in the time of Charles II. All wares,
however, brought into the ports of Biſcaya and Guipufcoa,
which fhall afterwards be carried by land into the king-
doms of Caftile or Arragon, ſhall be bound to pay fuch
duties in the port where they first enter the faid kingdoms,
as were paid there in the time of Charles II. or elſe fuch
as fhall be eſtabliſhed by the new book of rates.
IV. The
}
( 132 )
IV. The Catholic King confents and promiſes, that
for the future, it fhall always be lawful for the fubjects of
Great Britain, living in the provinces of Bifcaya and Gui-
pufcoa, to hire houfes or warehouſes fit for the preſerva-
tion of their merchandive; and his Majefty will, by re-
newing his orders to that purpoſe, take effectual care that
it fhall be in their power to do this in the like manner,
and with the fame privileges, with which the faid Britiſh
fubjects, by virtue of the aforefaid treaty of 1667, or of
any diploma or ordinance granted by their Catholic Ma-
jefties, did enjoy, or ought to have enjoyed, that liberty
in Andalufia, or in any other ports and places of Spain
whatſoever. The fubjects of Spain fhall enjoy the fame
liberty in any ports and places of Great Britain, with
all the privileges belonging to them by the aforeſaid
treaty.
V. To prevent abufes in collecting the rights called
de Alcavalos and Cientos, his Catholic Majefty conſents that
the fubjects of Great Britain, who fhall bring their wares
into any port of Spain; wet or dry, in order to fell them
by wholefale, fhall have their choice whether they will pay
the faid rights de Alcavalos and Cientos, in the firſt place or
port that they arrive at, or elfe according to the laws of
Caftile, at the place where, and at the time when they
are fold; which faid rights fhall be the fame as were paid
in the time of King Charles II. And it is further agreed,
that the ſubjects of Great Britain may fend or carry the
wares, for which the faid rights de Alcavalos have once
been paid, into any port or place whatfoever, belonging
to his Catholic Majeſty's dominions in Europe, (in order
to fell them there by wholefale) without any moleſtation
or repetition of the faid duties, or exaction of any others
for the firſt fale; provided, however, that they who carry
the faid wares, fhall bring receipts or certificates from the
farmers, or commiflioners of the cuftom-houſes, from
whence it may appear, that the ſaid rights have been paid
for thoſe wares, and likewife other certificates, proving
that the faid wares have not yet been fold; but if any mer
chant fells his wares by retail, he fhall be bound under
fuch penalties as are inflicted by law, to pay all the local
and municipal duties which are due and cuftomary at the
fale
{
( 133 )
fale of them, together with the rights de Alcavalos & Cientos,
and all others whatſoever.
His Catholic Majefty farther confents, that-if after the
certificates abovementioned have been fhewn, any officer,
or gatherer of duties, fhall exact the faid rights again, or
fhall give any trouble, or ſtop the paffage of the wares on
that account, the officer guilty of the faid fault, fhall in-
cur the penalty of 2000 ducats, payable to the uſe of his
Majefty's chamber, or of the general hofpital at Madrid;
the notaries of the cuſtom-houſes, or the contraband, fhall
not receive above 15 Ryals Villon for difpatching the faid
certificates, unless it fhall be otherwiſe agreed in fettling
the new book of rates.
VI. And as the ſubjects of their Majefties are to enjoy
on both fides an entire, fecure, and unmoleſted uſe and
liberty of navigation and commerce, as long as the peace
and friendſhip, entered into by their Majefties, and their
crowns, fhall continue, fo likewife their Majefties have
provided, that the faid ſubjects fhall not be deprived of
that fecurity for any little difference which may poffibly
arife, but that they fhall, on the contrary, enjoy all the
benefits of peace, until war be declared between the two
crowns.
And it is further agreed, that if it fhould happen,
(which God prevent) that war ſhould ariſe, and be de-
clared between their Majefties and their kingdoms, then
according to the contents of the 36th article of the afore-
mentioned treaty of 1667, after the declaration of fuch a
rupture, the ſpace of fix months fhall be allowed to the ſub-
jects of each party, refiding in the dominions of the other,
in which they thall be permitted to withdraw with their fa-
milies, goods, merchandizes, effects, and fhips, and to
tranfport them, after having paid the due and accustomed
impoſts, either by fea or land, to whatfoever place, they
pleaſe, as they fhall alfo be fuffered to fell and alienate their
moveable and immoveable goods, and freely, and without
any diſturbance, to carry away the price of them, nor ſhall
their goods, wealth, merchandizes, or effects, much leſs
their perfons, be in the mean time detained or molefted,
by any feizure or arreft. Moreover, the ſubjects of each
fide fhall, in the mean time, enjoy and obtain quick and
VOL. II.
impartial
K
( 134 )
impartial juftice, by means of which they may, before
the expiration of the fix months, recover the goods and
effects which they have lent, either to the public, or to
private perfons.
VII. And it is further agreed, that all the loffes which
the fubjects of either crown fhall duly prove, that they
have fuftained in the beginning of the late war, (contrary
to the tenor of the 36th article of the abovementioned
treaty) whether they confifted of moveable or immoveable
goods, fhall be reciprocally made good, without any delay
to them, their lawful procurators, heirs, or thofe to whom
their cauſe is intruſted, and reftitution fhall be made of
thofe goods, whether lands, buildings, or inheritance, or
of what fort foever they are, which remain and were con-
fifcated, and the juft and lawful price of thofe goods which
cannot be recovered, whether moveable or immoveable,
fhall be paid; and their Majefties have articled and agreed,
that the faid payments, the pretenfions to them being, as
is aforefaid, fully proved, fhall faithfully be performed,
and made by their treafurers on each part.
VIII. It is agreed, and his Catholic Majefty will give
effectul orders to that purpoſe, that the duties upon fiſh,
and other provifion, called Millon, fhall not be demanded
in the place where the faid wares firft arrive, but the faid
duties fhall be paid according to the ancient custom eſta-
blished by law, only in the place of confumption, and
when the wares are fold, and not before.
IX. His Catholic Majefty promifes that thofe mer-
chandizes, which are not particulurly mentioned in the ca-
talogue of rates, which is to be made according to the
third article of this treaty, fhall be charged with the fame
duties in proportion to their value, and no greater than
thoſe which are laid upon merchandizes named in the ſaid
catalogue of rates. And if any difference arifes between
the farmers of the cuftom-houfes or commiffaries, and
any merchant, concerning the value of any wares, it fhall
be in the choice of the merchant to fell his wares to the
farmer or commiffary, at the price the farmer of the cuf-
tom-houſe valued them (which price fhall be immediately
paid in ready money, the duties only deducted) or elſe to
give part of his merchandizes at the rate fet upon them,
AS
( 135 )
as hath been mentioned, to the farmer or commiffary, in-
tead of the duty, and retain the reſt.
X. It is agreed, that in cafe the Britiſh fubjects fhall
bring any wares from any part of the coafts of Africa, in-
to Spain, and the fame fhall be admitted to pay the duties,
thoſe being duly paid, the faid wares fhall not afterwards.
be charged, either by the captains-general of the coafts,
or commanders of the harbours, or any body elſe, with
any other duties, under what name or title foever, except-
ing fuch as are payable in general, for all wares of the
fame fort, at the time of their fale.
XI. The mafters of merchant-fhips, who fhall enter
into any port of Spain with their fhips, fhall be obliged,
within twenty-four hours after their arrival, to deliver two
declarations or inventories of their wares, or of that part
of them which they are to unlade there, viz. one declara-
tion to the farmer of the cuſtom-houſes or commiffary,
and another to the judge of the contraband, nor fhall they
open the hatches of their fhips, till they either have fearch-
ers with them, or have leave given them by the farmer of
the cuſtom-houfes to do it. No wares fhall be unladen
with any other view than that of being immediately car-
ried to the cuſtom-houſes, according to a permiffion which
fhall be given in writing for that end. It fhall not be law-
ful however for any of the judges of contraband, or other
officers of the cuſtom-houſes, under any pretence whatfo-
ever, to open any bags, chefts, hogfheads, or other covers.
of any wares whatfoever, belonging to the fubjects of
Great Britain, while they are carrying to the custom-houſe,
and before they are brought thither, and the proprietor of
them, or his factor, is alfo come, who may diſcharge the
duties, and take the goods into his own cuftody. But the
faid judges of contraband, or their deputies, may be pre-
fent when the wares are taken out of the ſhips, and alfo
when they are declared and laid open in the custom-houſe,
and if there be fufpicion of deceit, as that it is defigned to
lay open one merchandize inſtead of another, it fhall be
lawful for him to open all the bags, chefts, and hogsheads,
fo this be done in the cuftom-houfe, and no other place,
and in the preſence of the merchant, or his factor, and
not otherwife. But when the goods have been expofed,
K 2
and
( 136 ).
and carried away from the custom-houfe, and the chefts,
hogfheads, or other covers containing them, have been
marked with the fign or feal of the proper officer, no
judge of the contraband, or other officer, fhall preſume
to open them again, or to hinder them from being carried
to the merchant's houfe. Neither fhall it be lawful for
them, under any pretence whatſoever, to hinder the faid
goods from being carried from one houfe or warehouſe to
another, within the walls or compafs of the faid city or
place; provided that be done between the hours of eight
in the morning, and five in the evening, and previous
notice be given to the farmers of the rights de Alcavalos &
Cientos, of the intent with which thofe goods are removed,
to wit, whether it be that they ſhould be fold, that in
that cafe thoſe duties, if not paid before, may be paid
there, or at the place of fale; or, if they are not to be
fold, then a certificate may be given, after the ufual man-
nor, to the merchant. Furthermore, it fhall be lawful to
carry wares from any port or place within the King of
Spain's dominions, to any other port or place, either by
fea or land, under fuch conditions as are expreffed in the
fifth article of this treaty.
XII. The duties upon merchandize brought into the
Canary iſlands, exported from thence by Britiſh fubjects,
fhall not be greater than thofe that were paid in the reign
of the late King Charles II. or fuch as fhall become
payable by the new book of rates.
XIII. The fubjects of each of their Majefties, who are
in debt to the fubjects of the other, whether the debts
were contracted before the beginning of the faid war, or
within the ſpace of fix months after it was begun, or du-
ring the war, under the protection of letters of ſafe con-
duct, or laftly, after a truce was made between the two
crowns, fhall be bound and obliged faithfully to pay the
fame, in the fame manner as if war had never arofe be-
tween the two crowns, nor fhall they be permitted to raiſe
any exceptions against the juft demands of their creditors,
on pretence of the war.
漏
​XIV. His Catholic Majefty gives leave to the fubjects
of Great Britain to fettle themſelves, and dwell in the town
called
( 137 )
called St. Ander, upon the terms that are expreſſed in
the 39th article of the treaty of 1667.
XV. As to the judge confervator, and others to be
ſubſtituted by him, if this privilege be granted to any
other foreign nation whatfoever, the fubjects of Great
Britain fhall likewife enjoy it. In the mean time, how-
ever, and until fomething certain fhall be determined in
this matter, his Catholic Majefty will give expreſs orders
to all and every one of the judges of his kingdom, and to
all others whomfoever, who are any ways concerned in the
adminiſtration or execution of juftice, and fhall enjoin the
fame under the ſtricteſt penalties, to do juftice, and caufe
it to be executed, without any delay, partiality, favour,
or affection, in all caufes relating to the fubjects of Great
Britain.
The Catholic King conſents, that appeals from ſen-
tences in caufes concerning the British fubjects, may be
brought before the tribunal of the council of war at Ma-
drid, and no where elfe.
XVI. If any miniſter, or other ſubject of her Majeſty
of Great Britain, or of his Catholic Majeſty, fhall violate
this treaty, or any article of it, he ſhall be refponſible for
all the damage occafioned by it; and if he be placed in
any public office, he fhall, befides making fatisfaction to
the injured party, (as is aforefaid) be deprived of his of
fice alfo.
XVII. The ſubjects of Great Britain having brought
by fea from any other port in Spain, wine, brandy, oil,
foap, dried grapes, or other merchandizes, and producing
certificates that the duties were paid at the place whence
they fet fail, fhall be fuffered to put the fame into their
ſhips lying at Cadiz, or there to remove them from one
fhip to another (with the confent of the infpectors of the
maritime affairs, and in the prefence of them, or their
deputies, if they have a mind to be there, and at a ſea-
fonable time to be appointed by the faid infpectors, within
four and twenty hours, in order to prevent all frauds
whatſoever) and to carry away from thence; with this li-
berty, that they fhall not pay the duty called Hondeaxe, or
any other of entrance, or going out.
K 3
The
( 138 )
The prefent treaty fhall be ratified by the moft ferene
Queen of Great Britain; and the moft ferene Catholic
King, and the ratifications ſhall be exchanged at Utrecht,
within two months, or fooner, if poffible.
In witneſs whereof, we the underwritten Ambaffadors
Extraordinary and Plenipotentiaries of the Queen of Great
Britain, and the Catholic King, have figned and fealed
this preſent inftrument at Utrecht, the day of November
in the year of our Lord, 1713.
(L. S.) Job. Bristol.
WE having feen
2 8
(L. S.) Duc de Offuna.
December
(L. S.) El Marque de Monteleone.
E having ſeen and confidered the above-written
treaty, have approved, ratified, and confirmed the
fame, as we do by thefe prefents, for ourſelves, our heirs
and fucceffors, approve, ratify, and confirm it, excepting
only three articles thereof, viz. the third, fifth, and eighth,
concluded at Utrecht, which are to be obferved and un-
derſtood in the manner and form following:
III.
W
HEREAS, by the late treaty of peace it is
agreed and eſtabliſhed as a bafis and founda-
tion, that the fubjects of Great Britain, in what regards
commerce, ſhall enjoy the fame liberties and privileges
which they enjoyed in the reign of King Charles II. in all
parts of the King of Spain's dominions, which rule is what
is alſo to ſerve for a bafis and foundation of the prefent
treaty of commerce, and is to be understood reciprocally
in favour of the King of Spain's fubjects trading in the
dominions of Great Britain. And as nothing can contri-
bute more to eftablish the commerce to a mutual benefit
than a fixed, clear, and eafy rule in paying the duties,
eſpecially on a moderate footing, and proportionable to
the value of the merchandize, in order to prevent the
frauds that otherwife would be practifed, to the prejudice
of the revenues of either crown, which has been often ex-
perienced in Spain, where the eſtabliſhed duties by the
ancient books of rates are exceffive; in confideration
whereof his Catholic Majefty, being defirous to avoid
the
( 139 )
the like confequences, and to favour, augment, and faci-
litate, in all that depends upon him, the commerce, in as
ample a manner, as her Britannic Majefty defires, hath
confented, on his part, to fupprefs and make void the dif-
ferent duties payable upon importation and exportation,
contained in the ancient books of rates, as alfo thoſe that
have been impofed fince, under any name or pretence
whatſoever, and content himſelf with one only duty to be
paid on importation of all goods and merchandize, after
the rate of 10 per cent. of their value; and the like duty
upon all goods and merchandize, which fhall be exported
out of his dominions, whether the valuation made by
weight, meaſure, piece, or ad valorem; and the fame duty
fhall be collected in all the ports of entry in Spain, com-
prehending thofe of Arragon, Valencia, and Catalonia,
excepting out of this general rule, Biſcaya and Guipufcoa,
whofe duties of importation and exportation are to re-
main as they were in the time of Charles II. And that the
faid 10 per cent. being once paid, the farmers or officers
of the custom-houfes where thofe goods fhall be entered,
fhall be obliged to mark the fame with the proper feals
and marks of their office, and alfo give the requifite dif-
patches; by virtue of which, the proprietors of the goods
inay freely tranſport them to all the other parts of Spain
where they pleafe, without being liable to pay any other
duty, impofition, or charges, to the ufe or benefit of his
Catholic Majefty, in any ports or parts of Spain whatſo-
ever, in respect of tranfporting the faid merchandize, over
and above what they have paid, in purfuance of this new
arancel, provided the receipts and marks are produced;
in default of which, they fhall be eſteemed to be fraudu-
lently tranſported. But it is to be understood, that this
is not to extend to the Alcavalas, Cientos, and Millones,
in relation to which, provifion is made in the fifth and
eighth articles of this treaty.
And forafinuch as the Ambaffador of England hath re-.
preſented, that to avoid all differences and difputes for the
future, it is abfolutely neceffary to eſtabliſh a certain va-
luation or rate of the feveral forts of merchandize, by
which the faid duty of 10 per cent. fhall always be paid,
and not altered, either by means of the augmentation or
diminution
K +
( 140 )
(140
diminution of the price of the faid merchandize, which
may hereafter happen in the commerce, in any time, or in
any part of the kingdom; it is agreed by their Catholic
and Britannic Majeflies, by their Ambaffadors, that in the
term of three months, from the rat:fication of this treaty,
or fooner, if poffible, commiffaries named and authorifed
by both their Majefties in due form, fhall meet at Madrid,
or in Cadiz, who, without lofs of time, fhall proceed to
the forming a new book of rates, in fuch a manner, as to
fix and limit what fhall be paid for the future, on all forts
of merchandize, as well upon importation as exportation;
and fo as that all the different duties which were payable,
either before or in the time of Charles II. or fince, under
whatſoever name or pretence, or collected in different
cuſtom-houſes or offices, fhall be comprehended in this
only duty; payable in one fum, whether upon importation
or exportation, in all the ports of Spain, and fhall extend
to the kingdoms of Arragon, Valencia, and principality of
Catalonia, and their dependencies, excepting only the pro-
vinces of Guipufcoa and Bifcaya, of which mention has
been already made. And whereas great inftances have
been made by the Ambaffador of Great Britain, that di-
rections be given to the faid commiffaries, that they take
care, and above all do obferve, as a fixed rule, that this
duty be laid equally and generally in the ports and cuſtom-
houfes of Spain, upon the importation and exportation of
all goods and merchandize, after the rate of 10 per cent.
of the value which fuch goods and merchandize bear in the
courfe of trade, between the merchants of Cadiz and port
St. Mary's, to which the Ambaſſadors of Spain have con-
fented; always provided, that the goods and commodities
which fhall be imported into the kingdom of Spain, by-
the ports of Biſcaya and Guipufcoa, and afterwards tran-
fported into the other provinces depending on the king-
doms of Caftile and Arragon, fhall be obliged to pay at
the first custom-houfe of entry into the faid kingdoms, the
duties which fhall be eftablished in this new book of rates.
V. To prevent the abufes that may be committed in
collecting the duties called Alcavalas & Cientos, his Catho-
lic Majefty confents, that the fubjects of her Britannic
Majefty fhall not be obliged to pay thefe duties, during
fuch
( 141 )
fuch time as they think fit to let their merchandize remain
in the magazines of the custom-houſes appointed for that
purpoſe; but when they fhall think fit to take out the faid
goods, either to be tranſported farther into the country,
fell them in the fame place, or carry them to their own
houſes, it ſhall be permitted them fo to do, upon giving
his bond, with fufficient fecurity, to pay the faid duties of
Alcavalas & Cientos, for the firſt fale, in two months after
the date of his bond, upon which he fhall have receipts
given him for the faid goods, and the goods fhall be mark-
ed with the proper mark and feal of the farmers of the ſaid
Alcavalas and Cientos, where fuch bond and fecurity fhall
be given for the firſt fale, after which the faid merchandize
may be tranſported, and fold by wholeſale, in any port or
place belonging to the King of Spain in Europe; and that
no obftruction or hindrance fhall be made upon account
of the faid duties, nor the proprietor liable to pay a ſecond
time in respect of the firft fale, provided thoſe who carry
the faid merchandizes produce the receipts and marks of
the farmer, or proper officer, concerned in the collection
of thefe duties, or making fufficient proof of their not be-
ing fold before. But if, on the contrary, any merchant
do fell his goods by retal, he fhall be obliged to pay the
faid duties of Alcavalas and Cientos a fecond time, under
the pains eſtabl fhed by the laws. And his Catholic Ma-
jefty declares, that if any officer of the Alcavalas and Cientos
thall exact a fecond time the faid duties on the fame mer-
chandize, when the faid receipts and marks have been
produced, or ſhould obftruct their paffage, or tranfporta-
tion, or occafion the leaſt impediment, fuch officer ſhall
be fined 2000 crowns, to the benefit of his Majefty's re-
venues. And the officers of the cuſtom-houſes ſhall not
demand, or take, for making ſuch receipts or certificates,
more than 15 reals vellon, unlefs it be otherwife fettled in
the new book of rates.
VIII. His Catholic Majefty confents, that the duties
commonly called Millones, which are payable upon fiſh,
and other forts of domeftic provifions, fhall not be de-
manded in the firft ports or cuftom-houfes of entry in
Spain, during fuch time as the proprietors will let them re-
main in the warehouſes appointed for that purpoſe. But in
cafe
( 142 )
cafe the owner fhall defire to take them out, either to fend
into the country, fell them on the place, or carry them
to their own houfes, they are then to give bond, with good
fecurity, to pay the faid duty of Millones in two months
after date of the faid bond, upon which the neceffary
diſpatches are to be given them. And the faid mer-
chandize fhall be marked with the feals or marks of the
farmers of the Millones where the faid duties were fecured,
after which the faid goods may be tranfported to, and fold
in the places where they are to be confumed, without
ing any new duties of Millones. His Majefty alfo declares,
that if after the receipts are produced, any officer belong-
ing to the farmers of the Millones, fhould exact a fecond
time the fame duties on the fame goods, or fhould oppoſe
their paffage, tranfport or fale, or occafion the leaft im-
pediment, the faid officer fhall be fined 2000 crowns, for
the benefit of his Majefty's revenue.
pay-
THEREFORE, by virtue of thefe prefents, we do approve
and ratify the treaty above written, as likewife the three
articles, viz. the third, fifth, and eighth, as they are fet
forth in this infirument of ratification, and are to be taken
as part of the faid treaty, and to have the fame force and
effect, as if they had been inferted therein: promiſing and
engaging our royal word, that we will faithfully and reli-
giouily perform and obferve, all and fingular the things
agreed upon in this treat, and that we will not fuffer the
fame to be violated by any one, as far as lies in our power.
For the greater teftimony and validity whereof, we have
caufed our great feal to be affixed to thefe prefents, which
we figned with our royal hand. Given at our cattle of
Windfor, the 7th day of February, 1714, in the twelfth
year of our reign.
NNE, by the grace of God, Queen of Great Britain,
France, and Ireland, defender of the faith, &c. to
all and fingular to whom thefe prefents fhall come, greet-
ing. Whereas the right reverend father in God, our
right trufty and well-beloved counfellor, John, biſhop of
Briſtol, our ambaſſador extraordinary and plenipotentiary,
dean
( 143 )
(143
dean of Windfor, and regiſter of our moſt noble order of
the garter, did on our part, together with the plenipoten-
tiaries of the moſt ſerene Catholic King, conclude and fign at
Utrecht, on the day of November 1713, a treaty of com-
28
ठु
December
merce between the crowns of Great Britain and Spain;
and, at the fame time, a feparate article was concluded,
made between the faid plenipotentiaries, who were fe-
verally furniſhed with fufficient authorities, and is as
follows:
Br
SEPARATE ARTICLE.
Y the preſent ſeparate article, which fhall be altoge-
ther of the fame validity and force, as if it was infert-
ed word for word in the treaty of commerce this day con-
cluded, between their royal Majefties of Great Britain and
Spain, and ſhall for that end be ratified, as well as the ſaid
treaty; his Catholic Majefty confents, that it ſhall at all
times hereafter be lawful for the Britiſh ſubjects, who fhall
live in the Canary Iſlands, for the fake of their trade, to
nominate ſome one perfon, being a fubject of Spain, who
fhall execute the office of judge confervator there, and
fhall at the firſt inftance take cognizance of all caufes re-
lating to the commerce of the Brit fh fubjects; and his
royal Majefty promifes, that he will grant commiffions to
fuch judge confervator fo named, together with the fame
authority, and all the privileges which the judges con-
fervators have formerly enjoyed in Andalufia. And if
the Britiſh ſubjects fhall defire to have more judges of that
fort there, or to change thofe that are appointed every
three years, it ſhall be allowed and granted them. His
Catholic Majefty conſents likewife, that appeals from the
ſentences of the ſaid judge confervator, ſhall be brought
before the tribunal at the council of war at Madrid, and
no where elſe.
In witnefs whereof, we the underwritten Ambaffadors
Extraordinary, and Plenipotentiaries of her facred Majeſty
of Great Britain, and of his facred Catholic Majefty,
have
L.
( 144 )
•
have figned and fealed thefe prefents at Utrecht, the
day of November in the year of our Lord 1713.
December
(L. S.) Job. Briftcl.
(L. S.) Duc de Offuna.
(L. S.) El Marque de Monteleone.
WF. having feen and confidered this feparate article,
have approved, ratified, and confirmed, as we do by theſe
prefents approve, ratify, and confirm the fame, promifing
and engaging our royal word, that we will faithfully and
inviolably keep all and fingular the things therein con-
tained, and that we will not fuffer any thing to be done
contrary thereunto. For the greater teftimony and vali-
dity whereof, we have figned this inftrument with our
royal hand, and cauſed our great ſeal of Great Britain to be
affixed thereunto. Given at our caftle of Windfor the
feventh day of February, 1714, in the twelfth year of
our reign.
ANNE R.
Convention made at London, July 26, O. S. 1715, relating
to the Duties laid on British Woollen Cloths exported to the
Auftrian Netherlands.
H'S
IS Britannic Majeſty's minifters having complained
that the commerce of his faid Britannic Majefty,
with the Auſtrian Netherlands, is very much prejudiced,
by the high duties of importation laid upon the coarfe
woollen cloths fent from Great Britain to the faid Auftri-
an Netherlands: the underwritten minifter and plenipo-
tentiary of his Imperial and Catholic Majefty, for the
treaty of Barrier at Antwerp, declares by theſe preſents,
that his Imperial and Catholic Majefty will confent to the
immediate reducing of the duties on the faid coarſe
woollen cloths, according to the following fpecification;
and that, in all other refpects, the commerce of the ſub-
jects of his Britannic Majefty with the Auftrian Nether-
lands, fhall remain, continue, and fubfift wholly on the
fame foot as it does at prefent, without any alteration, in-
novation, diminution, or augmentation to be made, under
any
( 145 )
any pretext whatfoever, till all the parties interefted fhall
agree upon a treaty of commerce.
Dyed woollen cloths.
A piece of the value of above 60 florins, up to 90
A piece of the value of above 40 florins, up to 60
A piece of the value of 40 florins, and under
Mixed woollen cloths.
A piece of the value of above 60 florins, up to 90
A piece of the value of above 40 florins, up to 60
A piece of the value of 40 florins, and under
White woollen cloths.
A piece of the value of above 60 florins, up to 90
A piece of the value of above 40 florins, up to 60
A piece of the value of 40 florins, and under
Draps de pie (cloth to lie upon floors) of all forts,
Done at London this 26th of July, O. S. 1715.
Fl. Sols.
3
2
I
IQ
2 10
1
I
10
2 10
2
I
o 8.
(L. S.) J. L. de KINIGSEGG.
Requifition made to the Council of State at Bruffels, the 6th of
November 1715.
T being abfolutely neceffary for the ſervice of his Im-
perial and Catholic Majefty, to leffen immediately the
duties of importation on coarfe woollen cloths coming
from Great Britain, and from the United Provinces, on
the following foot.
Woollen cloths dyed.
A piece of the value above 60 florins, up to go florins
From 40 to 60
Of 40 and under
Mixed.
Fl. Sols:
3
10
2
I O
A piece of the value of 60 florins, and fo up to 90 2
From 40 to 60
Of 40 and under
White.
ΙΟ
I
10
I 10
A piece of the value of 60 florins, and fo up to 90 2
From 40 to 60
Of 40 and under
Draps de pie (cloth to lie upon floors) of all forts,
the piece
od -
2
ΙΟ
o
8
And
( 146 )
And to reduce the duties of importation on brandies
diftilled from corn coming from Great Britain, and from
the United Provinces, to three florins the awm, inſtead of
eight which is now paid; you are required, gentlemen, to
give forthwith the neceffary directions in the finances, that
the proper orders may be immediately iffued for this pur-
pofe, and that the collectors of the duties of importation
and exportation, may conform themfelves accordingly
thereto. Done at the conference at Bruffels, this 6th of
November, 1715.
Signed,
Attefted to be a copy.
William Cadogan.
John Vander Bergh.
P. W. Francquen.
A Copy of the Refolution of the Council of State, minuted in the
Margin of the Confultation of the Council of the Finances, the
7th of November, 1715.
HA
AVING made our reprefentation to the minifters of
the conference, conformably to this confultation,
and added alſo other reaſons to enforce it, they have newly
made this day another more preffing requifition to us, by
which they infift abfolutely that the former be put in exe-
cution; whereupon the council of the finances fhall iffue
the orders therein ſpecified; but it is underſtood that they
ſhall not have force nor effect, unless they be approved
and ratified by his Imperial and Catholic Majefty, in the
treaty of barrier. This laft clauſe, however, which begins
with the words it is underflood, and ends with the words,
in the treaty of barrier, fhall not be inferted in the orders
to be fent to the collectors. Signed Voorfp.
Attefted to be a copy.
J
P. W. Francquen.
Order of the Council of Finances to the Collectors of the
Duties.
HE counſellors and commiffioners of the demefnes
THE and finances of his Imperial and Catholic Majefty.
Moft dear and ſpecial friends, we herewith fend you by
exprefs order of the council of ftate appointed for the ge-
neral
( 147 )
neral government of theſe countries, a copy of the requi-
ſition made to them by the minifters of the conference, re-
lating to the leffening of the duties of importation on the
coarſe woollen cloths coming from Great Britain, and
from the United Provinces; as alfo for reducing the faid
duties on brandies diftilled from corn: commanding you
by expreſs order of the faid council of State, to take care
to regulate yourſelves purſuant thereto, in collecting the
faid duties, and to give notice of it to your fubalterns.
Moſt dear and fpecial friends, God have you in his holy
keeping. Bruffels, at the council of the faid finances,
the 12th of November, 1715.
To the collectors of the duties of importation and ex-
portation at
Newport,
Oftend,
Bruges,
Ghent,
Dendermonde,
Fort St. Philip,
Borgerhoute,
Mechlen,
Turnhout,
Tirlemont.
This is a copy agreeing with the minutes kept in the
regiftry of the finances.
P. W. Francquen.
Extract from the TARIFF, fettled the 14th of Novem-
ber, 1715.
NB. A difficulty having arifen about the intention of
the requifition of the 6th of November, 1715, of
which mention is made in the 26th article of the treaty
of barrier, it is agreed provifionally to caufe the duties of
importation on all the different forts comprehended in
the above Tariff, under the denomination of woollen
cloths, to be collected according to the tenor of the faid
requifition of the 6th of November, till his Imperial and
Catholic Majefty, and his Majefty the King of Great
Britain, ſhall agree upon it otherwife; and, in the mean
while, the King's collectors and officers fhall permit the
faid manufactures to be imported, giving notice, and
taking fecurity for the payment of the operplus duties of
importation, on the foot the fame fhall be fettled.
A Let-
( 148 )
A Letter from the Imperial Envoy, Count Volkra, to the
Lord Viscount Townshend, principal Secretary of State.
My LORD,
Y
OU have acquainted me, that complaints are made
of contraventions to the 26th article of the treaty of
barrier; and I have had the honour to communicate to
you what Count Kinigſegg has anſwered thereupon.
I can declare to you befides, that, for the future, there
will be an exact performance of the faid 26th article of
the treaty of barrier of the 15th of November, 1715, and
of the convention at London, of the 26th of July, 1715;
as alfo of the declaration in the Tariff of the 14th of No-
vember, 1715, that is to fay, that the duties on the Pe-
tite Draperie, (or woollen ftuffs) of England, will be col-
lected on the foot of the coarfe woollen cloths, according
to the diminution expreffed in the forefaid convention at
London, without any alteration, till it be agreed otherwiſe
between the Emperor and the King, our mafters; but
in the mean time the merchants are to give fecurity to
pay the furplus, if the matter fhall be fo determined be-
tween the two reſpective courts. I am, &c.
2 0
London, Auguft, 1716.
TI
The Count Volkra.
Treaty between Charles VI. Emperor of the Romans, and
Catholic King of Spain, on the one Part, and George,
King of Great Britain, and the Lords the States General
of the United Provinces of the Netherlands, on the other
Part, for the entire Reftitution of the Spanish Nether-
lands, to his Imperial and Catholic Majesty, with the Re-
Serve of a strong and folid Barrier to the faid Netherlands,
in Favour of their High Mightineffes; as alfo of the yearly
Payment of feveral great Sums, as well for the Maintenance
of the faid Barrier, as for the Reimburſement of thoſe which
were due to them before. Made at Antwerp the 15th of No-
vember, 1715; together with a ſeparate Article relating to
Mortgages of the fame Date, and Forms of the Oaths to be
taken by the Governors of Places, full Powers and Ratifications.
Orafinuch as it pleafed the Almighty to reftore peace
fome time ago to Europe, and as nothing is more de-
FO
J
firable
1
( 149 )
firable and neceffary, than as far as poffible to re-eſtabliſh
and ſecure the common and public fafety and tranquility;
and whereas the Lords the States General of the United
Provinces have engaged to remit the Netherlands to his
Imperial and Catholic Majefty Charles VI. as it was fti-
pulated and agreed by the treaty made at the Hague the
7th of September, 1701, between his Imperial Majefty
Leopold, of glorious memory, his Britannic Majeſty Wil-
liam III. alfo of glorious memory, and the faid States
General, that the faid potentates fhould agree upon what
related to their reciprocal interefts; particularly with reſpect
to the manner of eſtabliſhing the fecurity of the Nether-
lands, to ferve as a Barrier to Great Britain and the Unit
ed Provinces, and with refpect to the commerce of the
inhabitants of Great Britain and the United Provinces.
And whereas at prefent, his Imperial and Catholic Ma-
jefty, Charles VI. to whom the faid Netherlands fhall be
remitted by this treaty, his Britannic Majefty King George,
both at this time reigning, and the lawful heirs and fuccef-
fors of the faid Emperor, and King, and the States General
of the Uunited Provinces, acting therein by the fame prin-
ciples of friendship, and with the fame intention to pro-
cure and eſtabliſh the fame mutual fecurity, and the more
to confirm a ſtrict union, have for that end named, com-
miffioned, and appointed for the Minifters Plenipoten-
tiaries, viz. his Imperial and Catholic Majefty, the Seur
Jofeph Lotharius Count de Konigſegg, his Chamberlain,
Counſellor of war, and Lieutenant General of his armies:
his Britannic Majefty, William Cadagon, Efq; his Envoy
Extraordinary to their High Mightineffes the States Gene-
ral of the United Provinces, Member of the Parliament of
Great Britain, Maſter of the Wardrobe, Lieutenant General
of his Armies, and Colonel of the fecond Regiment of his
Guards and the States General, Meffieurs Bruno Vander
Duffen, late Burgomafter, Senator and Counſellor, Pen-
fionary of the city of Gouda, Affeffor in the Councils of
Hemfrades de Schieland, Dykegrave of Crimpenerwaerde;
Adolphus Henry, Count de Rechteren, Lord of Almelo
and Vriefeveen, &c. Prefident of the Lords the States of
the province of Overyffel, and Droffart of the quarter of
Zealand; Scato de Gockinga, Senator of the city of Gro-
VOL. II.
L
ningen
( 150 )
ningen, and Adrian de Broffelle, Lord of Geldermanfen,
&c. Senator of the city of Fluſhing; the three firſt Depu-
ties of the Affembly of the Lords the States General, on the
part of the provinces of Holland and Weft Friefeland,
Overyffel, Groningen and Omlands, and the fourth, Deputy
of the Council of State of the United Provinces. Who be-
ing affembled in the city of Antwerp, which by common
confent had been named for the place of congrefs, and
having exchanged their full powers, copies whereof are in-
ferted at the end of this treaty, after many conferences,
have agreed for, and in the name of his Imperial and Ca-
tholic Majefty, his Britannic Majefty, and the Lords.
the States General, in the manner as follows:
I. The States General of the United Provinces, imme-
diately after the exchange of the ratifications of the pre-
fent treaty, ſhall, by virtue of the grand alliance in 1701,
and of the engagements they have entered into fince, re-
mit to his Imperial and Catholic Majefty all the provin
ces and towns of the Netherlands, with their dependen-
cies, as well thofe which were poffeffed by the late King of
Spain, Charles II. of glorious memory, as thofe which
were lately given up by his late Majefty the moſt Chriſ-
cian King, alfo of glorious memory; which provinces and
towns thogether, as well thofe that are remitted by this pre-
fent treaty, as thoſe which were remitted before, fhall here-
after be and compofe in the whole or in part but one undi-
vidable, unalienable, and unchangeable domain, which
ſhall be infeparable from the eftates of the houfe of Auftria
in Germany, to be enjoyed by his Imperial and Cotholic
Majefty, his heirs and fucceffors, in the full and irrevokable
fovereignty and propriety; that is to fay, with respect to
the former, as they were enjoyed, or ought to have been
enjoyed by the late King Charles II. of glorious memory,
purſuant to the treaty of Ryfwick; and with refpect to
the latter, in the fame manner, and upon the fame condi-
tions as they were furrendered up, and remitted to the
Lords the States General, by the late moft Chriftian King,
of glorious memory, in favour of the moſt auguſt houſe of
Auftria, and without any other charges, mortgages or en-
gagements, which may have been conftituted on the part
of the States General, and to their profit.
II. His
( 151 )
II. His Imperial and Catholic Majefty promifes and
engages, that no province, city, place, fortreſs or territory
of the faid Netherlands, fhall be furrendered, transferred,
granted, or defcended to the crown of France, nor to any
prince or princes of the houſe and line of France, nor to
any other who fhall not be the fucceffor, heir and poffef-
for of the dominions of the houſe of Auſtria in Germany,
either by donation, fale, exchange, marriage-contract, in-
heritance, teftamentary fucceffion, or ab inteftato, or upon
any other title or pretext whatfoever. So that not any
province, city, place, fortrefs.or territory of the faid Ne-
therlands, fhall ever be ſubject to any other prince, than
the fucceffors of the faid houſe of Auftria; only excepting
what was formerly yielded to the King of Pruffia, and what
fhall be given up by the preſent treaty to the faid Lords the
States General.
III. Whereas the fafety of the Auftrian Netherlands
will chiefly depend upon the number of troops that may
be kept in the faid Netherlands, and places that are to form
the barrier which has been promifed to the Lords the States
General by the grand alliance, his Imperial and Catholic
Majefty, and their high Might ineffes, have agreed con-
ftantly to maintain therein, at their own expence, a body
of from 30 to 35000, whereof his Imperial and Catholic
Majefty fhall provide three fifths, and the States General
two fifths. Provided always, that if his Imperial and Ca-
tholic Majefty fhall diminish his quota, it fhall be in the
power of the faid States General, to leffen theirs in pro-
portion and when there is any appearance of war or at-
tack, the faid body fhall be augmented to 40,000 men, ac-
cording to the fame proportion; and, in cafe of actual
war, a farther force fhall be agreed upon, according as
fhall be found neceffary. The repartition of the faid troops
in time of peace, for as much as concerns the places com-
mitted to the guard of the troops of their High Mighti
neffes, fhall be made by them only, and the repartition of
the reft by the governor of the Netherlands, by imparting
reciprocally to each other the difpofitions they fhall have
made.
IV. His Imperial and Catholic Majefty grants to the
States General, a privative or feparate garrifon of their own
Ind Z
troops,
( 152 )
(152
troops, in the towns and caftles of Namur and Tournay,
and in the towns of Menin, Furnes, Warneton, Ypres,
and Fort Knoque; and the States General engage them-
felves, not to employ any troops in the faid places, which
although in their own pay, belong to any prince or nation
that may be at war with, or fufpected to be in engagements
contrary to the intereſts of his Imperial and Catholic Ma-
jeſty.
V. It is agreed, that in the town of Dendermonde there
fhall be a common garrifon, which fhall be compofed, for
the prefent, of one batallion of Imperial troops, and one
batallion of the troops of the States General; and that if
hereafter it should be neceffary to augment the faid gar-
rifon, fuch augmentation fhall be made equally by the
troops of both parties, and by mutual concert. The go-
vernor fhall be put in by his Imperial and Catholic Ma-
jeſty, and, together with the fubaltern officers, fhall take
an oath to the States General, never to do, or ſuffer any
thing to be done in the faid town, which may be prejudicial
to their ſervice, with refpect to the prefervation of the
town and garrifon : and he fhall be obliged, by the ſaid
oath, to grant free paffage to their troops always, and as
often as they ſhall defire; provided it be demanded before-
hand, and that it be for a moderate number at a time.
VI. His Imperial and Catholic Majefty confents alfo,
that in the places hereby granted to the States General,
to hold their feparate garrifons in, they may place fuch
governors, commanders, and other officers that compoſe
the ftate major as they fhall think fit, on condition that
they fhall be no charge to his Imperial and Catholic Ma-
jefty, nor to the provinces and towns, unleſs it be for con-
venient lodging, and the emoluments accruing from the
fortifications, and that they be not perfons who may be
difagreeable or fufpected to his Majefty, for particular rea-
fons that may be given.
VII. Which governors, commanders and officers, ſhall
be entirely and feparately dependent on, and fubject to
the fole orders and jurifdiction of the States General, for
all that concerns the defence, guard, fecurity, and all other
military affairs of their places. But the faid governors, as
well as their fubalterns, fhall be obliged to take on oath to
his
( 153 )
his Imperial and Catholic Majefty, to keep the faid pla-
ces true to the fovereignty of the houſe of Auftria, and not
to intermeddle in any other affairs, according to the
form that is agreed upon and inferted at the end of this
treaty.
VIII. The generals fhall give to one another recipro-
cally, as well in the towns where his Imperial and Catho
lic Majefty has a garrifon, as in thofe intrufted to the
guard of the troops of their High Mightineffes the States
General, the honours ufually paid according to their cha-
racter, and the nature of their fervice; and in caſe the go
vernor-general of the Netherlands come into places com-
mitted to the guard of their High Mightineffes, the fame
honcurs fhall be paid to him which he ufually receives in
the places garrifoned by the troops of his Imperial and
Catholic Majefty; and he fhall even give the word there:
but all this without prejudice to the 6th article. And
the governors, or in their abfence the commanders, fhall
give notice to the faid governor-general of the diſpoſitions
by them made for the fecurity and guard of the places
comitted to their care; and they ſhall have a due regard
for the changes which the faid governor-general fhall judge
proper to make.
IX. His Imperial Catholic Majefty grants to the troops
of the States General, wherever they are in garriſon, the
free exerciſe of their religion, fo as to be in particular pla-
ces convenient and proportionable to the number of the
garrifon, which the magiftrates fhall affign and maintain in
every town and place where there has been none affigned
already, and to which places no external mark of a church
fhall be given and it shall be ftrictly enjoined by both par-
ties, to the civil and military officers, as alfo to ecclefiaf-
tics, and all others concerned, to hinder all occafion of
fcandal and controverfies that may arife upon the fubject
of religion; and when any diſpute or difficulty fhall hap-
pen, both parties fhall amicably accommodate it. And as
for religion, with regard to the inhabitants of the Auſtrian
Netherlands, all things fhall continue and remain on the
fame foot they were during the reign of Charles II. of
glorious memory.
L 3
X. All
(154)
X. All the ammunition, artillery, and arms of the
States General, as alfo materials for the fortifications, corn
in time of ſcarcity, provifions to put into the magazines,
when there is an appearance of war; and moreover, the
cloth and furniture for cloathing the foldiers, which fhall
be certified to be defigned for that ufe, fhall pafs freely,
and without paying any cuſtoms or tolls, by virtue of paſſ-
ports which fhall be demanded and granted, upon the fpe-
cification figned'; on condition nevertheless, that at the
firſt cuſtom-houfe of his Imperial and Catholic Majefty,
where the faid provifions, materials, arms and mountings
ſhall enter, and at the place where they are to be unladen,
the boats and other carriages may be duly vifited, to hin-
der the mixture of other merchandize therewith, and to
prevent fraud and abuſe, againſt which it fhall be always
lawful to take fuch precautions, as length of time and ex¬
perience ſhall fhew to be neceffary; and the governors and
their fubalterns fhall not be permitted in any manner what-
foever, to hinder the effect of this article.
XI. The States General may change their garrifons, and
the difpofition of the troops in the towns and places com-
mitted to their particular guard, according as they ſhall
judge proper, and no body fhall on any pretence whatfo-
ever, hinder or ftop the paffage of the troops, which they
fhall from time to time fend thither, or draw from thence,
And the faid troops may even, in cafe it be required, paſs
thro' all the towns of Brabant and Flanders, and thro' all
the open country, and make bridges as well over the ca-
nal betwixt Bruges and Ghent, as over all other canals and
rivers which they fhall find in their road; on condition
nevertheleſs, that they fhall be the troops of a prince or
nation not in war with his Imperial and Cathalic Majefty,
nor fufpected to be in any engagement or league contrary
to his intereſts, as is faid above in the fourth article, and
that notice fhall be given of it beforehand, and requeſt,
made to the governor-general of the Netherlands, with
whom the routs and other affairs fhall be regulated, by
fome perſon who fhall have their High Mightineffes com-
miffion. The regulation made by the States General
for the paffage of the troops, fhall be obferved here,
as it is obferved in their own country: and the States
General
( 155 )
General ſhall obferve to make the faid change of garri-
fons, as well as the difpofitions neceffary to it, with as
little charge and inconveniency as poffible to the inha-
bitants.
XII. For as much as the common fafety demands in
time of war, or in imminent danger of war, that the States
General ſhould ſend their troops to places that are moſt ex-
poſed to the danger of being attacked or furprized, it is
agreed between his Imperial and Catholic Majefty, and
the States General, that their troops fhall be received into
the faid places, as far as fhall be neceffary for their de-
fence, when it fhall be evidently the cafe; always provided,
that this be done by agreement and concert with the gover-
nor-general of the Netherlands.
XIII. The States General may, at their own coft and
expence, cauſe the faid towns and places to be fortified,
either by new works, or by caufing the old to be repaired,
and maintain them, and generally provide all that they
shall find neceffary for the fecurity and defence of the faid
towns and places, excepting that they fhall not cauſe new
fortifications to be built, without giving notice of it before-
hand, to the governor-general of the Netherlands, and
having his opinion and advice thereupon, nor bring the
charges thereof to the account of his Imperial and Ca-
tholic Majefty, or the country, without his faid Majefty's
confent.
XIV. For the fecurity of the communication between
the United Provinces, and the places of the barrier, his Im-
perial and Catholic Majefty fhall take care fo to order it,
that the letters and meffengers, as well ordinary as extra-
ordinary, may pafs freely to and from the towns and pla-
ces of the barrier, and thoſe of other countries; on condi-
tion that the faid Meffengers carry no letters or packets for
merchants, or other private perfons, which as well for the
places of the barrier, as for all other countries, fhall be
put in at the poft-offices of his Imperial and Catholic
Majefty.
XV. As for the artillery, magazines and military pro-
viſions which their High Mightineffes have in the towns
and places which they remit to his Imperial and Catho-
lic Majefty, they fhall be allowed to carry them out with-
L 4
Our
J
(156)
out any hindrance, and without paying any cuftoms or tolls,
as well thofe which they brought thither themſelves, as the
artillery marked with their arms, and loft in the late war,
or otherwife belonging to them, and found in the faid pla-
ces when taken; unlefs his Imperial and Catholic Ma-
jeſty deſire to take the faid artillery and ammunition up-.
on his own account, and agree with their High Mighti
neffes for the price, before the places are furrendered. And
as for the artillery and ammunition at that time in the places
committed to the guard of the troops of the States Ge-
neral, they ſhall be left to their keeping and direction, ac-
cording to the inventories that fhall be drawn up and fign-
ed on both fides, before the exchange of the ratifications
of the prefent treaty; but they fhall not be transported
elſewhere without common confent, and the property fhall
remain to his Imperial and Catholic Majefty, for as much
as they are found in the faid places at the time of their cef-
fion or furrender.
f
XVI. In cafe the provinces of the Auftrian Netherlands
be attacked, and it happen (which God forbid) that the
enemy's forces fhould enter Brabant, to act there, and lay
fiege to any place in the faid province, or any of thofe
that form the barrier, their High Might ineffes fhall be
permitted to caufe their troops to enter and take poft in
the towns and places on the Demer, from the Schelde to
the Maefe, as alfo to make retrenchments, lines and inun-
dations there, as much as the circumftances of the war fhall
require, to hinder the farther progrefs of the enemy; pro-
vided the whole be done in concert with the governor-ge-
neral of the Netherlands.
XVII. As it appears by the experience of the laſt war,
that for fecuring the frontiers of the States General in Flan-
ders, it was neceffary to leave ſo many confiderable bodies
of troops there, that the army was thereby very much
weakened to prevent this inconvenience, and the better
to fecure the faid frontiers for the future, his Imperial and
Catholic Majefty yields to the States General fuch forts,
and as much of the territory of the Auftrian Flanders bor-
dering upon the faid frontiers, as they fhall want to make
the neceffary inundations, and for covering them from the
Schelde to the fea, in places where they are not already
fuf-
( 157 )
fufficiently fecured, and where they cannot be fecured by
making inundations upon thoſe lands only that already be-
long to the States General.
For this purpoſe his Imperial and Catholic Majefty
agrees and approves, that the limits of the States General
in Flanders, fhall hereafter begin at the fea between Blan-
kenberg and Heyft, at the place where there are no downs;
provided they do not cauſe or permit any villages or houſes
to be built near that poft, nor fuffer fiſhermen to fettle
there, nor make any fluices to the fea there.
And their High Mightineffes promiſe moreover, that if
they think fit to caufe any fortifications to be built at the
head of their new limits, they will take care not to weaken
the dyke; and they will not only defray the extraordinary
expences that may be incurred on account of the faid for-
tifications, but will alfo indemnify the inhabitants of the
Auftrian Netherlands from all loffes they may fuftain, in
cafe the fea comes to make inundations through the faid
fortifications.
There fhall be drawn from the poft abovenamed, a di-
rect line to Grootewege, from whence the line fhall be
continued towards Heyft, and from Heyft it fhall go to the
Drie-hoeck and Swarte-fluice, from thence to Fort St. Do-
nas, which his Imperial and Catholic Majefty yields in
full propriety and fovereignty to their High Mightineffes,
(provided the gates of the fluices of the faid fort be left
open in time of peace;) and in like manner he gives up
the land fituate on the north fide of the above-mentioned
line.
Grom fort St. Donas, the new limits of the States Ge-
neral ſhall extend to fort St. Job, from whence they fhall
fall in with the old ones near the town of Middleburg;
which limits fhall be continued along the Zydelings Dyke,
as far as the place where the Eckelofe Watercourfe and
the Water-loop meet at a fluice.
I
After this the limits fhall run from the Graaf-Jaans Dyke
to the village of Bouchout, (the proprietors of whofe fluices
are permitted to place them where they were before) and
from Bouchout the line fhall be continued ftrait forward
to the antient limits of the States General.
His
( 158 )
His Imperial and Catholic Majefty gives up alfo, in
full and entire fovereignty to the States General, the ter-
ritory fituate on the north fide of the line.
And in regard it is neceffary for their entire fecurity,
that the inundation be continued from Bouchout, as far as
the canal of Sas van Ghent, along the Graaf-Jaans Dyke,
their High Mightineffes fhall be permitted, in time of war,
to take poffeffion of, and fortify all the fluices that they
fhall find in the Graaf-Jaans Dyke, and the Zydelings
Dyke.
As for the town of Sas van Ghent, the limits fhall
be extended to the diftance of two thoufand geometri-
cal paces; provided that no villages be included in that
fpace.
And for the preſervation of the lower Schelde, and the
communication between Brabant and Dutch Flanders, his
Imperial and Catholic Majefty gives up to the States Ge-
neral, the full and entire property and fovereignty of the
village and Polder of Doel, together with the Polders of
St. Anne and Keteniffe.
And whereas, in time of war it will be neceffary, for the
better fecurity, to make inundations through the fluices,
between the forts of the Meer and the Perle, his Imperial
and Catholic Majefty fhall, as foon as the barrier is at-
tacked, or a war begun, remit the guard of the Perle fort,
and the fluices, to their High Mightineffes; provided
that as foon as the war is over their High Mightineffes
fhall reſtore the faid fluices and fort to his Imperial and
Catholic Majefty, together with thofe which they fhall, in
that time have taken poffeffion of on the Graaf-Jaans
dyke, and Zydelings dyke. The States General ſhall not
make any inundation in time of peace, and when they find
themſelves obliged to make any in time of war, they fhall
give previous notice of it to the governor-general of the
Netherlands, and concert the affair with the generals that
command the armies in the Netherlands; promifing more-
over, that if upon occafion of the giving up to them fome
Auices (whereof the inhabitants of the Auftrian Flanders
fhall retain the free ufe in time of peace) they fhould hap-
pen to fuffer any damage or prejudice, either from the
com-
( 159 )
commanders, or other military officers of the States Gene-
ral fhall not only remedy it immediately, but fhall alſo
give fatisfaction to thofe concerned.
And becauſe by this new fituation of the limits, it will
be neceffary to alter the toll-houfes, for preventing frauds,
which is a cafe wherein his Imperial and Catholic Ma-
jefty, and their High Mightineffes, are equally concerned,
the places fhall be agreed on for eftabliſhing the great offi-
ces, and for fuch farther precautions as it fhall be thought
convenient to take.
It is moreover ftipulated by this article, that a juft va-
luation fhall be made before the ratification of the preſent
treaty of the revenues arifing to the fovereign, from the
lands which fhall be yielded to their High Mightineffes
by this article, as alfo of what profit accrued to the fove-
reign, by the renewing of grants on the foot that they
were agreed to for thirty years laft paft, to be deducted and
ſet off from the annual fubfidy of 500,000 crowns.
And the Roman-catholic religion fhall be preſerved
and maintained in the places given up as above, on the
fame footing as it is now, and was exercited in the reign of
King Charles II. of glorious memory; and all the privi-
leges of the inhabitants fhall be preſerved and maintained
in like manner.
The fort of Rodenhuyfen fhall be razed, and the diffe-
rences touching the canal of Bruges fhall be referred to
the decifion of neutral arbitrators chofe by both parties;
provided, that by the giving up of the fort of St. Donas,
the people of the town of Sluys fhall not have more right
upon that canal, than they had before that place was
yielded up.
XVIII. His Imperial and Catholic Majefty yields to
their High Might.neffes the States General for ever, in
full fovereignty and propriety, the town of Venlo in the
upper part of Guelderland, with its precinct and jurif
diction, and the fort of St. Michael, and moreover the fort
of Stevenfwaert, with its territory or jurifdiction; as alfo
as much land as fhall be neceffary to augment their forti-
fications on this fide the Maefe: And his faid Majefty pro-
miſes, that he will never caufe to be built, or permit any
other to build any fortification, of what name foever,
within
(160)
!
within the diſtance of half a league from the faid fortrefs,
Moreover, his Imperial and Catholic Majefty gives up to
the States General, the ammanie of Montfort, confifting
with exception to the villages of Swalmt and Elmt, which
he referves to himſelf) of the little towns of Nieuſtadt and
Echt, with the following villages, viz. Ohe and Lack,
Rooftern, Braght, Beefel, Belfen, Vlodorp, Poftert, Berg,
Lin and Montfort, to be poffeffed by the faid States Ge-
neral, in the manner as they were enjoyed by his Majefty
King Charles II. of glorious memory, with the perfec-
tures, burghs, fiefs, lands, funds, quit-rents, revenues, tolls,
of what nature foever, fubfidies, contributions and col-
lections, fealties, demefnes, and others what foever, be-
longing to the faid places given up as aforefaid. The whole
however, without prejudice to, and faving all the rights
which may belong to the King of Pruffia, &c. and not-
withſtanding all exceptions, pretentions, or cavils already
made, or that may hereafter be formed to disturb the States
General in the peaceable poffeffion of the places yielded
up by the preſent article; all compacts, conventions, or
difpofitions, contrary to the preſent article, being deemed
null and void.
1
Provided, and be it understood, that this furrender is
made with this exprefs claufe, that the ftatutes, antient
cuſtoms, and in general, all privileges civil and ecclefi-
aftical, as well with regard to the magiftrates and private
perfons, as to the churches, convents, monafteries, fchools,
feminaries, hofpitals, and other public places, with all
their appurtenancies and dependencies, as alfo the diocefan
right of bishop of the Ruremonde, and in general every
thing that concerns the rights, liberties, immunities, func-
tions, ufages, ceremonies, and the exerciſe of the Catho-
lic religion, fhall be preferved and fubfift without any
charge or innovation, either directly or indirectly, in all
the places yielded as above, in the fame manner as in the
time of King Charles II. of glorious memory, and as it
fhall be explained on both fides more fully, in cafe any
difpute happens on that account; and the officers of the ma
giftracy and the police, fhall be given to none but perfons
of the Catholic religion,
The
( 161 )
The right of collation to benefices, which has been hi-
therto in the fovereign, fhall hereafter belong to the bishop
of Ruremonde; on condition that the faid benefices fhall
not be given to perfons difagreeable to the States General,
for particular reafons that may be alledged.
It is alſo ftipulated, that the States General fhall not
pretend to have acquired by the ceffion of the town of Echt,
any right of judicature or appeal, with reſpect to the chap-
ter of Thorn, or other lands of the Empire; and it fhall
be free for his Imperial and Catholic Majefty, to no-
minate fuch place as he fhall think fit for the faid judica-
ture or appeal.
And becauſe the inhabitants of that part of the upper
quarter which is hereby furrendered, can no longer carry
their proceſs, in cafe of appeal, to the court of Ruremonde,
it fhall be free for their High Mightineffes to eſtabliſh a
court of appeal for their fubjects, in what part of the pro-
vince they think fit.
It is moreover agreed, that all the duties on import and
export, which are levied along the Maefe, fhall not be en-
creaſed or leffened, in the whole or in part but by com-
mon confent; of which duties his Imperial and Catholic
Majefty fhall receive to his own profit, thoſe which are col-
lected at Ruremonde and Navaigne, and the Lords the
States General thofe which are paid at Venlo; and for as
much as the faid duties upon the Maefe in general, as alfo
thofe upon the Schelde by way of fubfidy, are appropri-
ated to the payment of two diftiftinct annuities, viz. one of
80,000 florins a year, and another of 70,000, by virtue of
a tranfaction paffed and concluded the 26th of December,
1687, with his late Majefty of Great Britain King Wil-
liam III. it is agreed that their High Mightineffes, by rea-
fon of the ceffion abovementioned, fhall give a yearly fup-
ply to his Imperial and Catholic Majefty in the payment
of the faid annuities and other debts, which may be there
mortgaged, in proportion to the produce of the duties
of import and export which they fhall receive, the whole
according to the very conftitution of the faid annuities.
And as for the debts contracted and conftituted upon
the generality of the upper quarter of Guelderland, "the
States General fhall concur in the payment thereof for fo
much
كم
( 162 )
much as is their quota, according to the proportion fet
forth in the matricula of all the faid upper quarter. All
the documents and papers which concern the upper quar-
ter of Guelderland, fhall remain as heretofore in the ar-
chives of Ruremonde. But it is agreed, that an inven-
tory, or Regiſter of them ſhall be formed at the meeting of
commiffaries from his Imperial and Catholic Majefty, his
Majefty of Pruffia, and the Lords the States General; and
an authentic copy of the faid inventory fhall be given to
each of thoſe three powers, that they may always have free
accefs to all the papers and documents, whereof they may
have occafion, for the part which they ſeverally poffefs
in the faid upper quarter of Guelderland; and an authen-
tic copy of fuch papers fhall be delivered to them on the
first demand.
XIX. In confideration of the great charge and extraordi-
nary expence which the States General are unavoidably
obliged to be at, as well for maintaining the great number
of troops which they are engaged by the prefent treaty to
keep in the towns above named, as for fupplying the great
fums abfolutely neceffary for the maintenance and repair
of the fortifications of the faid places, and for furniſhing
them with ammunition and provifions, his Imperial and
Catholic Majefty engages and promifes to caufe to be an-
nually paid to the States General, the Sum of 500,000
crowns, or 1,250,000 florins Dutch money over and above
the revenue of the part of the upper quarter of Guel-
derland, given up by his Imperial and Catholic Majeſty in
propriety to the States General, by the 18th article of the
preſent treaty, as alfo over and above the cost of lodging
the troops, according to the regulation made in the year
1698, in the manner as fhall be particularly agreed upon:
which fum of 500,000 crowns, or 1,250,000 florins Dutch
money, fhall be fecured and mortgaged, as it is by this ar-
ticle fecured and mortgaged upon all the revenues of the
Auftrian Netherlands in general, including therein the
countries yielded up by France; and in particular, upon
the clear neat revenues of the provinces of Brabant and
Flanders, and of the countries, towns, chatellanies and de-
pendencies yielded up by France, according as it is more
particularly fpecified by a feparate article, as well for the
faid
( 163 )
faid mortgage, as for the means and terms of receiving
the faid fums.
And the faid payment of the fubfidy of 500,000 crowns,
or 1,250,000 florins Dutch money, fhall commence from
the day of the figning the preſent treaty, from which ſhall
be deducted the revenues of the towns, chatellanies,
and dependencies yielded by France, in proportion to
the term elapfed from the fame day, till the day on which
the faid countries fhall be remitted to his Imperial and
Catholic Majefty, in proportion to what the States Gene-
ral ſhall receive.
XX. His Imperial and Catholic Majefty, by this article,
confirms and ratifies the capitulations granted to the
provinces and towns of the Netherlands, heretofore called
Spaniſh, at the time of their reduction to the obedience
of his faid Majefty, together with the general adminiftra-
tion of the faid country therein, exercifed by Great Bri-
tain, and the States General of the United Provinces, the
lawful fovereign having been repreſented by their mini-
fters who refided at Bruffels, and by the council of ſtate
commiffioned to the general government of the faid Ne-
therlands, in purfuance of the power and inftructions that
were given them, and of the requeſts that were made on
the part of the two powers, as well in matters of regale,
juftice and police, as of the finances; as alfo the particu-
lar adminiftration of the ftates, provinces, colleges, towns
and communities in the open country, as alfo in the fove-
reign courts of juftice, and the other fubaltern courts and
judges.
Which acts of police, regale, juftice, and the finances,
fhall fubfift and have their full and entire effect, according
to the tenor of the faid acts and fentences paffed: the
whole in the fame manner, as if they had been done by
the lawful fovereign of the country, and under his go-
yernment.
XXI. Every thing that is comprifed in the foregoing ar-
ticle fhall alſo be obferved, ratified and maintained, on the
part of his Imperial and Catholic Majefty, with refpect
the upper quarter of Guelderland, and the countries con-
quered from France, (of which King Charles II. of glorious
memory, was not in poffeffion at his deceaft) for all the
dif
(164)
difpofitions made in the name, and on the part of the
States General of the United Provinces.
And as for what concerns ecclefiaftical benefices and
dignities, thofe who have been preferred to them, and are
now in poffeffion, fhall not be difplaced; and thofe who
are not yet in poffeffion, fhall be admitted to them with-
out any oppofition, but by the ways, and in the order
of juftice, according to the laws and cuftoms of the
country.
XXII. His Imperial and Catholic Majefty acknow-
ledges, and promifes to fatisfy the obligations entered into
by his Catholic Majefty Charles II. of glorious memory,
for the levies of money which their High Mightineffes
caufed to be negociated for his faid Majefty, a lift whereof
is fubjoined to this article: and as they have not yet
been remitted to the States General the obligations of the
Spaniſh Netherlands, for the fum of 200,000 florins a year,
for payment of the intereft, and reimburfing the principal
of 1,400,000 florins, taken up at intereft in the year
1698, to be employed on the neceffary occafions of the
frontiers of the faid Spaniſh Netherlands, and four years
intereft, amounting to the fum of 224,000 florins where-
with the faid capital of 1,400,000 florins, is encreaſed;
which obligations the faid King Charles II. of glorious me-
mory, promiſed to caufe to be given, though they were
not; his Imperial and Catholic Majefty promifes hereby,
to cauſe the obligations to be given by the States of the
provinces of the faid Netherlands, and immediately after
to be delivered to the faid States General, according to
the tenor of the faid obligation of his Catholic Majefty, of
the 30th of May, 1698, at the first meeting of the States,
or at fartheft within the term of two month after the ex-
change of the ratifications of this treaty.
A Lift of the feveral Sums negociated by the States General,
at the Request of his Catholic Majefty Charles II.
1.THE firft advance was of one million five
TH
hundred ſeventy-five thousand florins, at
five per cent on the duties of import and ex-
port
( 165 )
port by ſea, made by an act of December 13,
1690.
2. Upon the fame fund, at five per cent. raiſed
by an act of March 21, 1691.
3. At five per cent. alfo upon the revenues of the
upper quarter of Guelderland, by an act of
Jan. 15, 1692.
4 and 5.
5. At fix per cent. upon the import and
export, purſuant to two acts of the 4th and
22d of May, 1693.
6. At five per cent. upon the fame fund, raiſed
the 11th of April, 1695.
4.
7. At five per cent. upon the fame fund, raiſed
by an act of Nov. 24, 1695.
8, 9, 10. At five per cent. upon the revenues of
the province of Namur, and by way of fubfidy,
on the fea revenues, and the domains of the
province of Luxemburg, by the feveral acts of
Dec. 10, 1695, Sept. 12, 1696, and March 6,
1697, amounting in all to
11. At fix per cent. upon the revenues of the
provoſty of Mons, raiſed by an act of April
30, 1696.
12. The fum of one million and 400,000 florins,
at four per cent. was raifed upon the fubfidies
of the provinces of the Netherlands, upon the
remittances from Spain, and fubfidiarily upon
the fea-revenues. Item, 224,000 florins for
four years intereft of the faid capital, confor-
mably to the tenor of the obligation of the
30th of May, 1698, which both together
make the fum of
Florins.
1575000
525000
567000
700000
665000
1440000
800000
500000
1624000
Total $396000
XXIII. In like manner his Imperial and Catholic Ma-
jefty acknowledges, approves, and confirms all levies of
money (a lift whereof is fubjoined to this article) which
there have been occafion to make for things indifpenfibly
neceffary for the prefervation of the Spaniſh Netherlands,
VOL. II.
M
and
( 166 )
and for the maintenance of the troops of his Imperial and
Catholic Majefty, during the provifional government of
Great Britain, and the States General of the United Pro-
vinces, and made by their High Mightineffes, in concert
with her Britannic Majefty; his Imperial and Catholic
Majefty promifing to fatisfy and caufe the faid negociations
duly to be regiſtered in the chambers of the finances and
accounts, and to caufe an act thereof to be delivered to
their High Mightineffes in form, alfo to cauſe the capital
and interefts thereof, without funds and mortgages, as well
principal as fubfidiary, appropriated for that end, to be
paid and his Imperial and Catholic Majefty fhall not,
without leave of the States General, make any alteration.
in the direction or adminiftration of the mortgages, upon
which negociations have been made, but fhall leave the
fame to their High Mightineffes, conformably to the tenor
of the obligation; and if thofe funds are not ſufficient,
what is wanting fhall be fupplied by the ftates of the
vinces of the faid Auftrian Netherlands.
pro-
A Lift of the Money negociated during the provifional Govern-
ment of her Britannic Majefly, and their High Might ineffes,
in the Netherlands.
IN
N 1707, 300,000 florins were advanced at five
per cent. intereft upon the revenue of the
poft-office, to be fent to Barcelona for the
King.
And 400,000 florins more, at five per cent. upor
the customs of import and export in Flanders,
for the fervice of the neceffities of the Nether-
lands; the intereft of which 400,000 florins,
was fettled on the poft-office.
Florins.
700000
In February, 1709, 250,000 florins were raifed at
five per cent. upon the fea-duties, to maintain
the Imperial and Palatine troops.
250000
In May, 1709, a ſum of 500,000 florins was ad-
vanced at five per cent. upon the fame condi-
tions, on the fame funds, and for the fame ufe. 500000
In
( 167 )
In Auguft the fame year, was alfo raiſed a fum
of ten hundred thouſand florins, on the fame
conditions and funds, and for the fame ufc.
In the year 1710, a fum of three hundred thou-
fand florins was negociated at fix per cent.
upon the revenue of the poft-office, to provide
for the charge of the Imperial and Palatine
troops, in the fervice of his Imperial and
Catholic Majefty.
Item upon the duties of import and export in
Flanders, at fix per cent. viz. five per cent.
on the cuſtoms in Flanders, and one per cent.
on the revenues of the fea, to defray the
charges of the Imperial troops.
Item upon the fame funds, and at fix
per cent.
viz. five per cent. on the duties of import
and export in Flanders, and one per cent. on
the revenues of the fea, for the fame uſe.
Item more upon the fame funds, at the fame in-
tereft, and for the fame ufe.
Item upon the fea revenues at five per cent. for
the fame ufe.
Florins.
1000000
300000
400000
300000
340625
300000
300000
228330
In March, 1711, upon the revenues of the poft-
office, at fix per cent. for the fame uſe.
In December, 1712, upon the fea-revenues at
five per cent. for the neceffities and fortifica-
tions of Mons, St. Ghislain, and Aeth.
Making together the fum of 4,618,955, the employ-
ment whereof, as alfo of the fum of 550,000 florins,
which the receivers of the duties of export and import in
Flanders, furniſhed by bills of exchange to the States-
General in 1710, of 100,000 florins, which they received
of the receiver of the Medianaters, and of 105,000 florins
(faving any mistake in the calculation) which they have
received of the third chamber of the council of Flanders,
has been verified to the Plenipotentiary Minifter of his
Imperial and Catholic Majefty, in the manner as it is more
particularly explained by the declaration fubjoined to the
account of the negociations and monies furnished, and of
the employment thereof, figned upon the fame day.
M 2
XXIV. A
( 168 )
XXIV. A liquidation of the payment made of the in-
tereft and principal of the loans mentioned in the two
foregoing articles, fhall be proceeded on as foon as poffi-
ble; by which liquidation nothing fhall be brought to the
account of their High Might ineffes, but what has been
actually and really paid by virtue of the faid obligations;
and on the part of his Imperial and Catholic Majefty, no
difficulty or pretence of abatement or diminution fhall be
made against the payment of the faid intereft, by reafon
of the non-poffeffion of the fecurities, confifcation in time
of war, depravation of the mortgages, becauſe of the di-
minution of the duties of export and import, or for any
other caufe or pretext whatever. Neither fhall his Impe-
rial and Catholic Majefty difcontinue payment for the re-
recovery of the intereft or the terms of re-imburſement, by
reafon of this liquidation, but the payment fhall be conti-
nued according to the conditions of the obligations, till it
fhall appear that all the loans, and the interefts upon them,
be entirely acquitted and reimburfed; after which the
mortages fhall be duly diſcharged and reſtored.
XXV. Moreover, by the prefent article are ratified and
confirmed all contracts for bread waggons, and the forage
of the Imperial and Palatine troops, made by the mi-
nifters of the two powers at Bruffels, or by the council of
ftate commiffioned for the government of the Netherlands,
at the requeſt of the faid minifters; and in like manner
are confirmed and ratified all the payments already made
for that purpoſe by the council of the finances, and the or-
ders given by the faid council for affigning the remainder
of what is due for the faid bread, forage, and waggons,
upon the growing duties of the four fpecies, purſuant to
the requeſt of the council of ſtate; and the ſaid growing
duties fhall not be diverted to any other ufes, under any
pretence whatfoever, before the undertakers who have
delivered the faid bread, forage, and waggons, be entire-
ly fatisfied, according to the tenor of their contracts,
purſuant to the requests of the minifters of the two poten-
tates, and to the orders of the council of ftate, and the
council of the finances.
XXVI. As to commerce, it is agreed, that the fhips,
merchandize and commodities coming from Great-Britain
and
( 169 )
and the United Provinces, and entering into the Auftrian
Netherlands, and alfo the fhips, merchandize, and com-
modities going from the ſaid Netherlands to Great Britain
and the United Provinces, fhall pay no other duties of
importation or exportation, than what are paid upon the
prefent foot, and particularly fuch as were regulated before
the figning of the prefent treaty, according to the requeſt
made to the council of ftate at Bruffels, by the minifters of
the two powers, dated the 6th of November: and fo
every thing ſhall remain, continue, and fubfift generally
upon the fame foot, without any alteration, innovation, di-
minution, or augmentation, under any pretence whatſoever,
till his Imperial and Catholic Majefty, his Britannic Ma-
jefty, and the Lords the States General fhall otherwiſe
appoint by a treaty of commerce to be made as foon as
poffible. In the mean time, the commerce, and all that de-
pends on it between the fubjects of his Imperial and Ca-
tholic Majefty in the Auftrian Netherlands, and thoſe of
the United Provinces, in the whole and in part, fhall remain
upon the foot eſtabliſhed, and in the manner appointed by
the articles of the treary concerning commerce, made at
Munfter, the 30th of January, 1648, between his Majefty
King Philip IV. of glorious memory, and the faid Lords
the States General of the United Provinces; which arti-
cles are now confirmed by the prefent treaty.
XXVII. That the fortifications and all the works of the
citadel of Liege, as alfo thofe of the caftle of Huy, and
all the forts and works fhall be razed and demolished, fo
as never to be rebuilt or restored. Provided and be it un-
derſtood, that the faid demolition fhall be made at the ex-
pence of the ſtates of the country of Liege, to whom the
materials fhall remain, to be fold and tranfported elfe-
where. The whole by the order and under the direction
of the States General, who fhall for that end fend perfons
capable of having the direction of the faid demolitions,
which fhall be begun immediately after the figning of the
preſent treaty; and ſhall be finished in three months, or
fooner if poffible; and that in the mean time, the garri-
fons of the States General of the United Provinces fhall
not go out of the fald places before the demolition is
finished.
XXVIII. And
M 3
( 170 )
XXVIII. And for the further fecurity and performance
of the preſent treaty, his Britannic Majefty promifes and
engages to confirm and guarantee it, in all its points and
articles, as he does by theſe prefents accordingly confirm
and enter into a guaranty of it.
XXIX. The prefent treaty fhall be ratified and approved
by his Imperial and Catholic Majefty, by his Britannic
Majefty, and by the Lords the States General of the
United Provinces; and the ratifications fhall be delivered
within fix weeks, or fooner, if poffible, to be computed
from the day of figning. In witnefs whereof, we the Mi-
nifters Plenipotentiary of his Imperial and Catholic Ma-
jefty, his Britannic Majeſty, and the Lords the States Ge-
neral, by virtue of our reſpective full powers, have in their
names figned theſe prefents, and thereto affixed the feal of
our arms. Done at Antwerp,
Done at Antwerp, Nov. 15, 1715.
I
(L. S.) F. L. C. a Konigsegg.
(L. S.) W. Cadogan.
(L. S.) B. v. Duffen.
(L. S.) The Count de Rechteren.
(L. S.) S. L. Gockinga.
(L. S.) Adr. v. Borffele Sig. v. Geldermalsen.
Form of the Oath for the Governor of Dendermonde.
N. N. who, by the appointment of his Imperial and
Catholic Majeſty, am governor of Dendermonde, do
promiſe and ſwear that I will never do any thing, nor fuf-
fer any thing to be done in the faid town, which may be
prejudicial to the fervice of their High Mightineffes the
States General of the United Provinces, with refpect to the
prefervation of the town and garrifon : and that I will al-
ways, and as often as they defire, give free paffage to their
troops, provided it be required beforehand, and that the
faid troops do not pafs in too great a number at one time.
The whole conformably to the fifth article of the Barrier
Treaty, a copy of which has been communicated to me.
So help me God.
A
(
171 )
171)
I
A Form of the Oath for the Governors of the places.
N. N. fwear and promiſe faithfully to keep
which has been committed to my government, in full
fovereignty and property for his Imperial and Catholic
Majefty, and never to give it up to any other power; and
that I will not meddle, directly nor indirectly, nor fuffer
any one whatſoever, under my command, to meddle with
any affair concerning the political government, religion, and
things ecclefiaftic, juftice and the finances, nor even in any
matter whatſoever, contrary to the rights, privileges, and
immunities of the inhabitants, whether clergy or laymen,
or in any other affair which does not directly relate to the
prefervation of the place, and to the maintenance of the
garrifon committed to my care; but that I will leave all
thofe matters to his Imperial and Catholic Majefty, as the
lawful fovereign, and to the ftates and magiftrates, whether
fpiritual or temporal, as far as it appertains to each of them;
promifing on the contrary to affift them with force of arms
always, and as often as I fhall be required, for the main-
tenance of the orders of the ftate, and the prefervation of
the tranquillity against all thofe that fhall offer to oppoſe
them. Provided, and be it understood, that it fhall be
lawful for me to execute the orders which the States Ge-
neral fhall give me, conformably to and in purfuance of
the treaty between his Imperial and Catholic Majefty and
their High Might ineffes. So help me God.
SEPARATE ARTICLE.
WHEREAS in the 19th article of the treaty of bar-
rier for the States General of the United Provinces
in the Auſtrian Netherlands, concluded this day, being the
15th of November, 1715, between his Imperial and Ca-
tholic Majefty, his Britannic Majetty, and the faid
Lords the States General, it was agreed that there fhould
be a more ſpecific explanation by a feparate article, with
regard to the mortgages, and to ways and means for col-
lecting the fubfidy therein mentioned; his Imperial and
Catholic Majefty, for the better fecuring and facilitating
the payment of the faid fubfidy of 500,000 crowns, or
M 4
1,250,000
}
( 172 )
1,250,000 florins Dutch money, granted annually, and
ftipulated by the faid article, has particularly charged the
fun of 610,000 florins Duch money annually, upon the
countries, towns, chatellanies, and dependencies, yielded by
France, according to the following repartition, viz. Upon
the city of Tournay 55,000 florins; upon the chatellany
of Tournay called the Tournefis, 25,oco florins; upon
the city and verge of Menin 90,000 florins; and upon
that part of Weft Flanders which was yielded by France,
fhare and fhare alike among the towns, chatellanies, and
dependencies, 44,000 florins; and the refidue thus, viz.
One-third upon the fubfidies of the province of Brabant,
amounting to the fum of 213,333 florins; and upon thoſe
of the province of Flanders, two-thirds, amounting to the
fum of 426,666 florins, making all together the faid total
fum of 500,000 crowns, or 1,250,000 florins Dutch money.
The portion of the province of Brabant is charged upon
the contingent of the feven quarters of Antwerp, and the
other diſtrict of Brabant, in the fubfidies of that province.
And the quota of the province of Flanders, upon the
contingent of the country of Waes, including therein Be-
veren, the county of Oudenburg, the frank of Bruges,
country of Aloft, and the town and country of Dender-
monde, in the fubfidies of that province. And for the
better fecuring the regular payment of the faid refpective
fums, his Imperial and Catholic Majefty promifes and
engages that it ſhall be made quarterly, viz. at the end of
every three months from the day of the figning of the pre-
fent treaty and on failure of payment at the end of the
faid three months, his Imperial and Catholic Majefty from
this time, and by this treaty, orders the ftates of the pro-
vinces and juriſdictions, and the receivers of the ſubſidies,
both ordinary and extraordinary, together with thofe of
his rights and demefnes, by whom the payment ought to
be made, conformably to the foregoing repartition, that by
virtue of this article, and according to a copy thereof, they
immediately pay the fums abovementioned at the expira-
tion of each term, to the receiver general of the States
General, or his orders, without expecting any other notice
or affignment, this prefent article being to ferve them in-
ftead of an order and affignment, from the prefent time,
and for that time too.
And
( 173 )
And the faid payment fhall be allowed them in the ac-
compt, by his Imperial and Catholic Majefty, as much as
if it had been paid to himſelf.
On failure whereof, or rather in cafe the faid States.
ſhould not grant the fubfidy with the neceffary ſpeed, the
States General may proceed to methods of compulfion and
execution, and even to violence against the receivers,
ftates and demefnes of the faid provinces and jurifdictions,
which his Imperial and Catholic Majefty renders thereto
liable, by virtue of this article. The whole without pre-
judice to the right of their High Mightineffes to the other
revenues of the fovereign, over and above the fubfidy of
the provinces, fuch as the duties of import and export,
taxes, taillers, tolls, and other domains.
Moreover, it is agreed that the payment of the faid
fubfiy ſhall not be retarded, much leſs refuſed on pre-
tence of compenfation, liquidation, or any other claims,
of what name or nature foever they be.
And this feparate article fhall have the fame force as the
faid treaty of barrier, altogether as much as if it was there-
in infertd verbatim, and it ſhall be ratified at the fame
time as this treaty.
In witneſs whereof, we the Minifters Plenipotentiary of
his Imperial and Catholic Majefty, his Britannic Ma-
jefty, and the Lords the States General, have figned this
prefent article, and caufed it to be fealed with the feals
of our arms. Done at Antwerp the 15th of November,
1715.
(L. S.) J. L. C. Konigsegg.
(L. S.) W. Cadogan.
(L. S.) B. v. Duffen.
(L. S.) The Count de Rechteren.
(L.S.) S. L. Gockinga.
(L. S.) Adr. v. Borfjele Lord of Geldermalsen.
Treaty of Commerce between Great Britain and Spain, con-
cluded at Madrid, the 14th of December 1715.
W
HEREAS fince the treaties of peace and commerce,
lately concluded at Utrecht, the 13th of July and
the 9th of December 1713, between his Catholic Ma-
jefty
( 174 )
jefty and her late Majeſty the Queen of Great Britain of
glorious memory, there remained ftill fome differences
about trade and the courfe thereof; and his Catholic
Majefty and the King of Great Britain, being inclined to
maintain and cultivate a firm and inviolable peace and
friendſhip, in order to attain to this good end they have
by their two minifters underwritten, mutually and duly
qualified, cauſed the following articles to be concluded and
figned.
I. The British fubjects fhall not be obliged to pay higher
or other duties, for goods coming in or going out of the
feveral ports of his Catholic Majeſty, than thofe they paid
for the fame goods in King Charles the Second's time, fet-
tled by cedules and ordonances of the faid King or his
predeceffors: and although the Gratias commonly called
Pie del fardo, be not grounded on any royal ordonance,
nevertheleſs his Catholic Majefty declares, wills and or-
dains, that it be obferved now and hereafter as an invio-
lable law; which duties fhall be exacted and raifed now
and for the future, with the fame advantages and favours
to the faid fubjects.
II. His Majefty confirms the treaty made by the Britiſh
fubjects with the magiftrates of St. Andero, in the year
I 700.
III. His Catholic Majefty permits the faid fubjects to
gather falt in the ifle of Tortugas, they having enjoyed this
liberty in the reign of King Charles II. without interrup-
tion.
IV. The faid fubje&ts fhall pay no where any higher or
other duties than thofe paid by the fubjects of his Catho-
Jic Majefty in the fame places.
V. The faid fubjects fhall enjoy all the rights, privileges,
franchifes, exemptions, and immunities whatever, which
they enjoyed before the laſt war, by virtue of the royal
cedules or ordonances, and by the articles of the treaty
of
peace and commerce made at Madrid in 1667, which is
hereby fully confirmed; and the fame fubjects fhall be uſed in
Spain in the fame manner as the most favoured nation, and
confequently all nations fhall pay the fame duties on wool.
and other merchandizes coming in and going out by fea :
and all the rights, privileges, franchifes, exemptions,and im-
munities
( 175 )
munities that ſhall be granted and allowed to the faid fub-
jects, the like fhall be granted, obferved and permitted to
the fubjects of Spain, the kingdoms of his Majesty the
King of Great Britain.
VI. And as innovations may have been made in
trade, his Catholic Majefty promifes on his part to uſe
his utmoſt endeavours to abolish them, and for the future
to cauſe them to be avoided in like manner the King of
Great Britain promifes to uſe all poffible endeavours to
aboliſh all innovations on his part, and for the future to
cauſe them by all means to be avoided.
VII. The treaty of commerce made at Utrecht, the
9th of December 1713, fhall continue in force, except the
articles that ſhall be found contrary to what is this day con-
cluded and figned, which fhail be aboliſhed and rendered
of no force, and efpecially the three articles commonly
called explanatory: and thefe prefents fhall be approved,
ratified and exchanged on each fide, within the fpace of
fix wecks, or fooner, if poffible. In witnefs whereof, and
by virtue of our full powers, we have figned theſe preſents
at Madrid, the 14th of December, in the year 1715.
(L. S.) M. de Bedmar.
(L. S.) George Bubb.
Treaty of mutual Defence between the most ferene and moſt po-
tent Prince Charles VI. Emperor of Germany, &c. and
the most ferene and most potent Prince George, by the
Grace of God, King of Great Britain, France and Ire-
land, Defender of the Faith, &c. concluded at Weſtmin-
fter on the 25th of May, 1716. Reprinted from the
copy printed by authority.
B
In the name of the moft Holy and Undivided Trinity.
E it known to all and every one whom it may con-
cern. The auguft Emperor of the Romans, Charles
VI. King of Spain, Hungary and Bohemia, Archduke of
Auftria, Duke of Burgundy, &c. and the moft ferenc and
moft potent Prince George, by the Grace of God, King
of Great Britain, France and Ireland, Duke of Brunſwick
and Lunenburgh, Elector of the Holy Roman Empire, &c.
**
having
(176)
having reflected on the eminent advantages which were
derived from the fincere and conftant union of their
predeceffors, and therefore confidering the more attentively
the circumftances of the prefent time, they applied their
minds to the renewing of the fame for the common good.
Whereupon, by the bleffing of God, concerting coun-
fels, they have agreed in form upon a treaty and mutual
alliance confifting of the following articles.
I. That there be between his abovementioned Imperial
and royal Catholic Majefty, and his facred royal Ma-
jefty of Great Britain, a fincere friendship and union of
counfels, and perfect alliance, that each of them look up-
on the other's interefts as his own, and earnestly endeavour
to promote them, and prevent by the beft means he is able,
all damages.
II. That the defign and end of this defenfive alliance be
no other than mutually to defend each other, and to pre-
fervethemſelves in the poffeffion of the kingdoms, provinces
and rights, in the condition they now are, which either of
them actually has and enjoys; if therefore it fhall hap-
pen, that the one or the other of thefe allies fhall be hoftile-
ły invaded or molefted by any power, it is agreed, that the
honour, dignity, as alfo the kingdoms, provinces, and
rights abovementioned, which that ally poffeffes in any part
of Europe at the time of this alliance, or which during the
fame they fhall by mutual confent acquire, fhall with com-
mon aid and affiftance by land and by fea, be preferved,
defended and maintained inviolable, against all aggreffors
whatſoever; and likewife that a juft fatisfaction fhall be
procured for any injury which fhall happen to be done.
III. For obtaining this wholefome end, in the aforefaid
cafe of any hoſtile invafion, the party attacked fhall notify
the fame to his ally, who fhall ufe all his endeavours with
the aggreffor, to induce him to abftain without delay from
farther hoftility, to make due fatisfaction for the damage
done, and fhall take care for the future fecurity of his
ally.
IV. If this fair means do not fucceed within the ſpace
of two months, affiftance fhall immediately be fent by the
ally to the party attacked, nor fhall the fame be recalled till
what is expreffed in the foregoing fecond article be obtained.
V. The
( 177 )
V. The fuccours, which when this cafe happens, are to
be furniſhed by the allies, fhall be as follows: On the
part of his Imperial and Catholic Majefty, twelve thou-
fand men, that is to fay, eight thoufand foot, and four thou
fand horfe. And on the part of his facred royal Majefty of
Great Britain, as many thoufand men; that is to
fay, eight thoufand foot, and four thoufand horſe.
But if the nature of the war fhould require rather
maritime fuccours, in whole or in part, the ally fhall be
obliged to furnish, inftead of the faid land forces, fo many
fhips of war as fhall be equal in expence to the faid num-
ber of men: So likewife in cafe greater fuccours, either of
land or fea forces, fhould be neceffary, the allies fhall with-
out delay come to an agreement about them, and how an
amicable difpofition on both fides.
VI. It is agreed, that no other prince or power fhall be
invited or admitted into this alliance, unlefs by the unani-
mous and mutual confent of the allies, and in fuch manner
as fhall be ftipulated and agreed between them.
VII. But whereas nothing is more defired by either ally,
than, this treaty being made, to fecure by mutual affiftance
the common fafety, and preferve inviolable the public
peace; and there being no doubt but the mighty States
General of the United Provinces of the Netherlands are
difpofed moft readily to affift and promote, by their ac-
ceffion, fo uſeful and fo neceffary a work, it is therefore.
now thought fit not only willingly to admit the faid States
General into this prefent alliance, but to invite them ami-
cably without delay, to enter into it.
In witness whereof the Plenipotentiaries as well of his
facred Imperial and Catholic Majefty, as of his facred
royal Majefty of Great Britain, have figned thefe pre-
fents with their hands, and fet their feals thereto. Done at
Weſtminſter on the 25th of May 1716.
(L. S.) Otto Chriftophorus
Comes Volkra.
(L. S.) Joannes Phillippus
Hoffman.
(L. S.) IV. Cant.
(L. S.) Cowper G.
(L.S.) Sunderland C. P. S.
(L. S.) Devonshire.
(L. S.) Marlborough.
(L. S.) Roxburghe.
(L. S.)
༨
( 178
()
IT
178 (L. S.) Orford.
(L. S.) Townshend.
(L. S.) James Stanhope.
(L. S.) R. Walpole.
SEPARATE ARTICLE.
T is farther agreed, that if in procefs of time war fhould
break out between his facred Imperial and Catholic
Majefty, and the Ottoman Empire, the treaty of alliance.
concluded this day with his facred royal Majefty of Great
Britain, fhall not be deemed in any wife to relate or extend
thereto; nor ſhall war with the Turks, (reaſon of ſtate ſo
requiring) be underſtood to be a cafe intended by this trea-
ty. This feparate article is dated and figned as the treaty.
WH
Additional Separate and Secret Article.
HEREAS it is the principal fcope and intention of
the treaty of alliance concluded the laft year be-
tween his facred Imperial and royal Catholic Majefty
and his royal Majefty of Great Britain, that the union
and friendſhip betwixt their faid Majefties may be bound
in the clofeft engagements that are poffible, and that on
every occafion that offers they may mutually promote each
other's interefts, and may faithfully and fincerely fecure
themſelves againft all enemies whatfoever: and whereas,
fince the conclufion of the faid alliance, many of his Bri
tannic Majeſty's rebel fubjects have come into feveral
of the hereditary provinces of his Imperial and Catholic
Majefty, whereby they found means and opportunity of
carrying on a pernicious correfpondence with other ill-af-
fected and feditious inhabitants of Great Britain, and uſe
all their endeavours to ftir up a new rebellion in the ſaid
kingdom; whence both the government of his Britannic
Majeſty, and the tranquillity and repoſe of his faithful ſub-
jects may be continually diſturbed by theſe ſecret factions
and confpiracies, to their very great detriment. It is
therefore declared by theſe preſents on the part of his im-
perial and royal Catholic Majefty, that he will grant no
entertainment, refuge, or paffage, under any pretext what-
foever
( 179 )
foever within his hereditary provinces fituated in Germany
and the Auſtrian Netherlands, to his Britannic Majeſty's
rebel fubjects, who are or fhall be declared fuch, nor to the
perfon commonly called the Pretender. As likewiſe his
royal Majefty of Great Britain doth promife, that he ne-
ver will grant any paffage, entertainment, or refuge, to the
rebel ſubjects of his Imperial and royal Catholic Ma-
jefty, who are or fhall be declared fuch within his king-
doms of Great Britain and Provinces of the Roman Em-
pire. Wherefore it is on both fides provided that they
will mutually compel the aforefaid rebel fubjects to de-
part out of the faid kingdoms and provinces within the
Space of eight days, from the time that the miniſter of
him, whofe fubjects thofe rebels are reputed, fhall have
made fuch application to his faid Imperial Majefty, or
his royal Majefty, in the name of his mafter. In wit-
nefs whereof we the Commiffioners and Plenipotentiaries
of his facred Imperial and royal Catholic Majefty, and
of his facred royal Majefty of Great Britain, by virtue
of our full powers refpectively (the copies whereof are ad-
ded at the end of this article) have figned this inftrument
with our hands. Done at Vienna Sept. 1, 1717.
(L. S.) A Stanyan.
Convention for explaining the articles of the Affiento, or
contract for Negroes, between the most ferene and most
potent Prince George, by the Grace of God, King of
Great Britain, France, and Ireland, Defender of the
Faith, &c. and the most frene and most potent Prince
Philip V. the Catholic King of Spain. Concluded at
Madrid, the of May, 1716.
· 6
19
इ
EORGE, by the Grace of God, King of Great Bri-
Jtain, France, and Ireland, Defender of the Faith,
&c. To all and fingular to whom thefe prefent letters fhall
come, greeting: whereas a certain convention, for explain-
ing the articles of the treaty commonly called El Affiento
de los Negros, the Contract for Negroes, between us and
our good brother Philip V. the Catholic King of Spain
and
( 180 )
and the Indies, was concluded and figned by Minifters Ple-
nipotentiaries impowered with fufficient authority on both
fides, at Madrid on the 2 day of the month of May laft,
in the form and words following:
S
AFTER a long war, which had afflicted almoft all Europe,
and had produced diſmal effects, it appearing that the con-
tinuance of it would create yet more, it was agreed with
the Queen of Great Britain of glorious memory, to put a
ftop to it, by a good and fincere peace; and in order to
render it firm and folid, and to maintain the union be-
tween the two nations, it was determined that the Affiento
for furniſhing our Weft Indies with Negroes, fhould for the
future, and during the time expreffed in the treaty of Affi-
ento, be on the accompt of the royal company of Eng-
land; which faid company having thereupon made feve-
ral repreſentations to us by the Miniſter of Great Britain,
after they had made the fame to the King their mafter,
concerning fome difficulties which related to certain arti-
cles of the faid treaty; and we being defirous, not only to
maintain the peace eſtabliſhed with the English nation, but
to preferve and augment it by a perfect good underftand-
ing, have commanded our minifters to confer on the faid
affair of the Affiento with the Minifter Plenipotentiary of
the King of Great Britain, to the end that, as equity re-
quires, fome agreement might be made on the faid articles,
as has actually been done by the following declarations.
In the treaty of Affiento made between their Britannic
and Catholic Majefties on March 26, 1713, for the car-
rying of Negroes to the Indies by the company of England,
and for the term of thirty years, which were to commence
from May 1, 1713, his Catholic Majefty was pleafed to
grant to the faid Company the favour of fending to the
Indies every year (during the faid Affiento) a fhip of 500
ton, as is mentioned in the faid treaty on condition that
the goods with which the faid annual fhip fhould be laden,
fhould not be allowed to be fold but in the time of the
fair; and that if the ſhip arrived in the Indies before the
fhips from Spain, the factors employed by the faid com-
pany fhould be obliged to land all the goods, and depofit
them in truft in the Catholic King's warehoufes, to be
kept under two keys, and with other circumftances fpeci-
fied
( 181 )
fied in the faid treaty, till they could be fold at the time
of the fair.
It has been reprefented on the part of his Britannic
Majeſty and of the faid company, that the faid favour was
granted by the Catholic King to make good the loffes
which the company might fuffer by the Affiento; ſo that
if the condition, not to difpofe of the goods but in the
time of the fair, were to be obferved, and the fair not
being held regularly every year, as experience has fhewn
heretofore, and as may happen hereafter, the company.
inftead of gaining profit, would lofe the prime coft of the
cargo; it being very well known that goods will not keep
long in that country, and particularly at Porto Bello.
For this reaſon the company defires an affurance that the
fair fhall be held every year, either at Carthagena, Porto-
Bello, or Vera Cruz; and that notice may be given them.
at which of thoſe three ports it is intended to keep the
fair, that they may know where to fend out their fhip;
which arriving at the faid ports, if no fair be there held,
the company may vend the goods after a certain limited
time, to be reckoned from the day of the arrival of the
faid fhip at ſuch port.
His Majefty being willing to give the King of Great
Britain new proofs of his friendſhip, and to corroborate the
union and good correſpondence between the two nations,
has declared, and declares, that the fair fhall be held re-
gularly every year, either in Peru, or in New Spain, and
that notice fhall be given to the court of England of the
exact time when the Flota or Galleons will fail for the In-
dies, to the end the company may at the fame time dif.
patch the fhip granted by his Catholic Majefty; and in
cafe the Flota and Galleons fhall not depart from Cadiz
before the month of June expires, the faid company fhall
be allowed to fend away their fhip, giving notice of the
day of her failing to the court of Madrid, or to the mi-
minſter of his Catholic Majefty who fhall be at London;
and when ſhe ſhall arrive at one of the three ports of Car-
thagena, Porto-Bello, or Vera Cruz, fhe fhall be obliged
to wait there for the Flota or Galleons four months, to
be reckoned from the day of the arrival of the ſaid ſhip;
which term being expired, the company fhall be allowed
VOL. II.
N
to
( 182 )
to fell their goods without any hindrance; but it is to be
underſtood, that if this fhip of the company's be bound
for Peru, fhe ſhall go directly to Carthagena and Porto-
Bello, without paffing into the South-Sea.
The faid company has alfo reprefented, that the num-
ber and price of Negroes to be bought in Africa being
uncertain; and as they must be purchaſed with goods,
not with money, the quantity of merchandize to be car-
ried to that country cannot be exactly fettled; and it be-
ing improper to run any hazard of having too few goods.
for that trade, it may happen that there will be an overplus:
wherefore the faid company defire that the goods which
fhall remain undifpofed of in exchange for the Negroes,
may be carried to the Indies, otherwife they fhould be ob-
liged to caft them into the fea; for obtaining this the faid
company offer, for the greater fecurity, to depoſit the ſaid
goods which fhall remain overplus, in the firft port belong-
ing to his Catholic Majefty which their fhip fhall reach,
and in the King's warehouſes, to take the fame on board
again when the fhip fhall be on her return to Europe.
As to the article, importing that the overplus goods
which fhall not be difpofed of in purchafing Negroes, and
for want of warehouſes in Africa, are propofed to be car-
ried to the Indies, to be laid up in his Catholic Majefty's
ports, under two keys, one to be kept by the King's of-
ficers, and the other by the factors of the ſaid company,
his Catholic Majefty will grant it to be done only at the
port of Buenos Ayres; becauſe between Africa and the
faid port of Buenos Ayres, there is not any iſland or place
under the dominion of the King of Great Britain, where
the fhips belonging to the Affiento for Negroes can put
in, but it is quite the contrary with refpect to the navi-
gation between Africa and the ports of Caracas, Cartha-
gena, Porto-Bello, Vera Cruz, Havanna, Porto-Rico, and
St. Domingo for his Britannic Majefty is among the
windward inlands poffeffed of the islands of Barbadoes, Ja-
maica, and ſeveral others; at which the faid Affiento fhips
may touch, and leave the faid overplus goods, which fhall
not have been exchanged for the Negroes, and take them
in again when they return to Europe. By this means all
manner of ſuſpicion is taken away, and the proceedings in
the
( 183 )
the affair of the Affiento fhall be with good faith, which
ought to be defired on both fides, and is moft convenient.
The factors of the faid company ſhall be obliged, as foon
as the ſhip ſhall arrive in the port of Buenos Ayres, to
give a declaration of all the faid goods to his Catholic
Majefty's officers, on condition that all the goods which
fhall not be declared, fhall be immediately confifcated
and adjudged to his Catholic Majeſty.
The faid company has likewife reprefented to his Ca-
tholic Majefty fome difficulty that has rifen about the pay-
ment of the duties of the year 1713, ftipulated and agreed
on by the treaty of Affiento, in which it is faid, that the
Affiento was to begin on the 1ft day of May in the faid
year but the company having at the fame time purchaſed
the whole number of Negroes, to keep them under his
Catholic Majefty's protection till the figning of the treaty,
the importing thofe Negroes into the Indies was not per-
mitted, by reafon of the claufe which was inferted in the
18th article, namely, that the execution of the treaty
ſhould not take place till the peace fhould be proclaimed;
fo that the company was obliged to cauſe them to be fold
to the British colonies at confiderable lofs. And though
the company have not received any profit, but fuffered
lofs, by reaſon of the faid article, and of the faid claufe
inferted in the faid treaty by his Catholic Majefty's mi-
nifters; yet the faid company are willing to give proofs
of their most humble relpect to his Catholic Majefty, and
propofe to pay for the year 1714, that is to fay, from the
ift of May, that year forwards, fubmitting intirely to the
pretenfion for two years, on condition his Catholic Ma-
jefty will be pleafed to grant to the faid company the per-
miton of fending the hip on the terms above expreffed,
in which his Majefty is interested for the fourth part of
the gain, with five per cent. on the other three parts; fo
that the faid company oblige themſelves to pay to his Ca-
tholic Majesty's order, as foon as they fhall have a fa-
vorable anfwer, not only the 200,000 pieces of eight by
way of anticipation, but alfo the money due for the two
years: which two fums together amount to 466,666 pieces
of eight and two-thirds.
N 2
His
( 184 )
!
His Catholic Majeſty having confidered the faid repres
fentation, has been pleaſed to grant, as he does grant to
the faid company, that the faid Affiento fhall commence
from May 1, 1714; and confequently that the faid com-
pany ſhall be obliged to pay the duties of the two years,
which began on May 1, 1714, and ended on May 1,
1716, as well as the 200,000 pieces of eight, by way of
anticipation; which fum the faid company are obliged to
pay at Amſterdam, Paris, London, or Madrid, all in one
payment, or divided into ſeveral, as his Catholic Majefty
fhall think fit; and in the like manner fhall the payments
be made for the future, as long as the ſaid Affiento lafts;
for which payments the effects of the faid company fhall
be answerable.
As to the yearly fhip which his Majefty has granted to the
company, and which they have not fent to the Indies in the
three years 1714, 1715, and 1716; the company having
obliged themſelves to pay his Catholic Majefty the duties
and revenues of the aforefaid three years, his Majefty is
pleaſed to make the faid company amends, by allowing
them to divide the 1,500 tuns into ten annual parts, to be-
gin the enfuing year 1717, and end in the year 1727; fo
that the fhip granted by the treaty of Affiento, inſtead of
being but of 500 tun, fhall be of 650 tun, (each tun being
to be computed at two pipes of Malaga in meaſure, and at
20 quintals in weight, as is the ordinary computation be-
tween Spain and England) during the faid ten years, on
condition that the faid fhip fhall be fearched and regiſtered
by his Catholic Majefty's minifters and officers, who fhall
be at the ports of Vera Cruz, Carthagena, and Porto-Bello.
The treaty of Affiento made at Madrid on March 26,
1713, ſhall remain in force, thofe articles excepted which
fhall appear to be contrary to what is concluded and
figned this day, which fhall be abolished and of no vali-
dity; and theſe prefents fhall be approved, ratified, and
exchanged on both fides, within the term of fix weeks, or
fooner if it be poffible. In witneſs whereof, and by virtue
of our full powers, we have figned thefe prefents, at Ma-
drid, the of May, in the year 1716.
(L. S.) George Bubb.
(L. S.) El. Marq. de Bedmar.
A Treaty
( 185 )
A Treaty of Alliance between Lewis XV. King of France and
Navarre, George King of Great Britain, and the Lords
the States General of the United Provinces, for the Main-
tenance and Guarantee of the Treaties of Peace made at
Utrecht in 1713, and particularly for maintaining the Or-
der of the Succeffion to the Crowns of France and Eng-
land, as eſtabliſhed by the ſaid Treaties, and for the Demo-
lition of the Port of Mardyke. Concluded at the Hague,
Jan. 4, 1717.
L
EWIS by the Grace of God King of France and Na-
varre, to all who fhall fee thefe prefents, greeting.
Whereas our trufty and well-beloved the Abbot du Bois,
Counſellor in ordinary in our Council of State; and our
truſty and well-beloved the Sieur de Chateauneuf, Marquis
de Caftagnere, Honorary Counſellor of our Court of Par-
liament at Paris, our Ambaffadors Extraordinary and Ple-
nipotentiary, have by virtue of the full powers which we
gave them, agreed to conclude and fign the following treaty
of defenfive alliance, on the 4th of this prefent month of
January with William Lord Cadogan, Baron of Reading,
Knight of the order of St. Andrew, Mafter of the Robes to
our moſt dearly beloved brother the King of Great Britain,
Lieutenant General of his armies, Colonel of the ſecond re-
giment of his Guards, Governor of the Iſle of Wight, and
his Ambaffador Extraordinary and Plenipotentiary, who was
alfo furnished with full powers; and with the Sieur John
Van Effen, Burgomafter of Zutphen, Curator of the Uni-
verſity of Harderwick; Wigbold Vander Does, Lord of
Nortwick, of the order of the Nobility of Holland and
Weftfrieftand; Samuel Coninck, Senator of the town of
Veere; Frederick Adrian, Baron de Rheede, Lord de
Renswoude, Emminckhuyfen and Moerkerken, &c. Prefi-
dent of the nobility of the province of Utrecht; Ulbe Aylva
Van Burmania, Bailiff of the Nobility of Leewarden
Anthony Eckout, Burgomafter of the town of Campen;
and Wicher Wichers, Burgomafter of the town of Gro-
ningen; all deputies in their affembly, on the part of the
States of Guelderland, Holland, and Weftfriefland, Zea-
land, Utrecht, Friefland, Overyffel, Groningen, and Om-
melands,
N 3
1
?
( 186 )
melands, in quality of Plenipotentiaries from their High
Mightineffes, our very dear and great friends the States
General of the United Provinces of the Netherlands,
likewife furniſhed with full powers.
Forafmuch as the moſt ferene and moft mighty Prince
Lewis XV. by the grace of God, moſt Chriſtian King of
France and Navarre, the moſt ferene and moſt mighty
Prince George, by the grace of God King of Great Bri-
tain, Duke of Brunſwick and Lunenberg, Elector of the
Holy Roman Empire, &c. and the high and mighty
Lords the States General of the United Provinces of the
Netherlands, being defirous to corroborate more and more
the peace that is eſtabliſhed between their kingdoms and
ftates refpectively to remove entirely on every fide, all
cauſe of jealouſy, which might in any manner whatſoever
diſturb the tranquillity of their dominions, and to bind
yet more ftrongly by new ties, that friendship which is be-
tween them, in order to attain fo falutary an end, they have
thought it neceffary to come to an agreement between
themſelves and to that purpoſe their Majefties aforefaid,
and the faid Lords the States General have named, viz.
The moft Chriftian King, his Ambaffadors Extraordi
nary and Plenipotentiaries, the Sieur William du Bois,
Abbot of St. Peter d' Airvault, of St. Juft, and of No-
gent, formerly preceptor to his royal highneſs the Duke of
Orleans, regent of the kingdom of France, counſellor of
ſtate in ordinary; and the Sieurs Peter Anthony de Chaf
teauneuf, Marquifs de Caftagnere, honorary counſellor
to the parliament of Paris, and ambaffador from his moft
Chriſtian Majeſty to the Lords the States General of the
United Provinces.
The King of Great Britain has named his ambaſſador
extraordinary and plenipotentiary, the Lord William Ca-
dogan, baron of Reading, knight of the order of St. An-
drew, maſter of the robes to the King of Great Britain,
lieutenant general of his armies, colonel of the ſecond re-
giment of his guards, and governor of the Ifle of Wight.
And the Lords the States General have named their
deputies and plenipotentiaries, the Sieurs John van Effen,
burgomafter of the town of Zutphen, curator of the uni-
verfity at Harderwick; Wigbold Vander Does, Lord of
Nortwick,
( 187 )
Nortwick, of the order of the nobility of Holland and
Weſtfriesland, grand baily and dykegrave of Rhynland;
Anthony Heinfius, counfellor, penfionary keeper of the
great feal, and fuperintendant of the fiefs of the province
of Holland and Weftfriefland; Samuel Coninck, fenator
of the town of Veere; Frederick Adrian, baron de Rheede,
lord of Renswoude, Erminckhuyfen and Moerkerken,
&c. prefident of the nobility of the province of Utrecht;
Ulbe Aylva van Burmania, baily of the nobility of Lee-
warden: Anthony Eckhout, burgomaſter of the town of
Campen; and Wicher Wichers, burgomafter of the town
of Groningen, all deputies in their affembly, on the part
of the ftates of Guelderland, Holland, and Weftfrieſland,
Zealand, Utrecht, Friefland, Overyffel, Groningen, and
the Ommelands.
Who after having communicated their full powers to
one another, and after having exchanged the fame ac-
cording to cuſtom, agreed upon a treaty of defenfive al-
liance, between the moft Chriftian King, the King of
Great Britain, and the lords the States General of the
United Provinces, their kingdoms, dominions, and ſub-
jects on the following conditions.
I. That from this day forth and for ever, there ſhall be
a true, firm, and inviolable peace, a moſt ſincere and in-
timate friendſhip, and a moft ftrict alliance and union be-
tween the faid moft ferene Kings, their heirs and fuccef-
fors, and the lords the States General, their lands, coun-
tries, and towns refpectively, and their fubjects and inha-
bitants, as well within as out of Europe and that the
fame be preferved and cultivated in fuch manner, that
the contracting parties may faithfully and reciprocally
reap their profit and advantage thereby; and that by the
moſt convenient meafures all loffes and damages which
might befal them, may be averted and prevented.
II. And forafmuch as it is known by experience, that
the near abode of the perfon, who in the life-time of King
James II. did take upon him the title of Prince of
Wales, and fince the death of the faid King has taken the
title of King of Great Britain, may excite commotions
N 4
and
( 188 )
and troubles in Great Britain, and the dominions de-
pending thereon, it is agreed upon and determined, that
his moſt ferene Majefty the moſt Chriſtian King do oblige
himſelf, by the prefent treaty, to engage the faid perfon to
depart out of the country of Avignon, and to go and take
up his refidence on the other fide of the Alps, immedi-
ately after the figning of the treaty, and before the ex-
change of the ratifications. And the moft Chriftian King,
yet farther to teſtify his fincere defire, not only to obſerve
all the engagements which the crown of France has for-
merly entered into concerning the faid perfon, religiouly
and inviolably, but alfo to prevent all manner of fufpicion
and diffidence for the future; does again promife and en-
gage for himſelf, his heirs and fucceffors, not to give, or
furnish at any time whatever, directly or indire&ly, either
by fea or by land, any advice, aid, or affiſtance, by mo-
ney, arms, ammunition, military ftores, fhips, foldiers,
feamen, or any other manner of help whatſoever, to the
faid perfon, who takes upon himſelf the title before men-
tioned, or to any other perfons whatever, who having
commiffion from him may in confequence thereof diſturb
the tranquillity of Great Britain by open war, or by fecret
confpiracies, or infurrections and rebellions, and make op-
pofition to the government of his Britannic Majefty.
ན་
Moreover, the moſt Chriſtian King promifes and en-
gages, not to permit the perfon above defigned to return.
at any time hereafter to Avignon, or to paſs through the
lands depending on the crown of France; on pretence of
returning either to Avignon or to Lorrain, or fo much as
to fet foot on any part of his moft Chriſtian Majeſty's do-
minions, much lefs to refide there under any name or ap-
pearance whatſoever.
III. The faid moft ferene Kings and the faid Lords the
States General do alfo promife and engage themſelves, re-
ciprocally to refuſe all kind of refuge and protection to
the fubjects of either of them, who have been, or ſhall be
declared rebels, whenever it ſhall be requested by the con-
tracting party, whoſe ſubjects thoſe rebels fhall be known
to be, and likewife to compel the faid rebels to depart out
of the dominions under their obedience, in a week's time
after
( 189 )
after the minister of the faid ally fhall have required it in
his maſter's name.
IV. And the moft Chriſtian King being fincerely defir-
ous, that every thing heretofore agreed on with the
crown of France, concerning the town of Dunkirk, may
be fully executed, and that nothing be omitted which the
King of Great Britain may think neceffary for the entire
deſtruction of the port of Dunkirk, and to prevent all
manner of fufpicion that there is an intention to make a
new port at the canal at Mardyke, and to put it to fome
other uſe than draining off the waters which might drown
the country, and carrying on the commerce neceffary for
the fubfiftence and maintenance of the people on that part
of the Netherlands, which is only to be carried on by ſmall
boats, that are not allowed to be above 16 feet wide; his
moſt Chriſtian Majefty doth engage, and promiſe to cauſe
every thing to be executed, which the Sieur d'Ibberville,
his moſt Chriſtian Majefty's envoy, having full power for
that purpoſe, did agree to, at Hampton-Court, as is con-
tained in a memorial of the of November, 1716, figned
12
35
by the Sieur d'Ibberville, and by the Lord Vifcount Town-
fhend, and Mr. Methuen, fecretaries of ftate for Great
Britain, which is as follows:
An explanation of what should be inferted in the IVib ar-
ticle of the treaty, concerning the canal and fluices of Mar-
dyke.
"TH
*
HAT the great paffage of the new fluice of
Mardyke, which is 44 feet wide, fhall be de-
moliſhed from top to bottom, that is to fay, by taking
away its bajoyers, planks, * bufks, * longrines, and *tra-
verfines, from one end to the other; and by taking off the
gates, the wood and iron-work of which fhall be taken to
pieces, and all thefe materials be employed elſewhere, to
fuch ufes as his moft Chriftian Majefty fhall think fit; pro-
vided nevertheleſs, that they be never made ufe of for any
* Theſe are terms for beams, &c, which cannot be rendered into
English.
port
190)
port, haven or fluice, at Dunkirk or Mardyke, or in any
other place whatſoever, within two leagues from either of
thoſe two places: it being the intention of the contracting
parties, and the end they propoſe to themſelves by this
treaty, that no port, haven, fortification, fluice, or bafon,
be made or built at Dunkirk, the fluice of Mardyke, or
any other place whatever along the fhore, at fuch diftance.
upon that coaft.
2. That the little fluice fhall remain as it is at prefent,
with reſpect to its depth, provided the breadth thereof be
reduced to 16 feet; that is to fay, by advancing the Ba-
joyer de la Pille ten feet on the weft fide, after having
taken away fix feet of the flooring, and the buſks of the
* radier all along on the fame fide, the remaining four feet
of plank or flooring being neceffary to ferve for the foun-
dation of a new *bajoyer; and forafinuch as the faid ba-
joyer muſt be advanced ten feet towards the eaſt-fide,
there fhall likewife be demolished ten feet of the fame pile
on the weſt-ſide from the foundation, to the end that the
preſent radier may never ferve for a fluice of 26 feet broad,
as this is at preſent.
3. The jettees and fafcine-work from the Downs, or
the place where the tide rifes upon the ftrand, when it is
high water, down to the loweft ebb, fhall be demolished,
on both fides of the new canal, and made level with the
fhore; and the ftones and facine-work that are above the
faid level, may be carried away and employed to ſuch uſe
as his moſt Chriſtian Majeſty ſhall think fit; provided how-
ever, that they be never made ufe of for any port or haven
at Dunkirk, or Mardyke, or any other place whatſoever,
within two leagues from either of thofe two places: the
intention of the parties contracting, and the end they pro-
poſe to themſelves by this treaty being, that no more
jettees or fafcine-work fhall ever be made again upon the
fhore of this coaft, within that diſtance on either fide.
4. It is alſo ftipulated, that immediately after the ratifi-
cation of this preſent treaty, a fufficient number of work-
men fhall be employed in the demolition of the faid jettees.
along the new canal, to the end that they may be razed,
and the work finished, if poffible, within two months after
the
( 191 )
the ratification. But forafmuch as it has been reprefent-
ed, that becauſe the ſeaſon is ſo far advanced, they cannot
begin to narrow the radier of the finall paffage, nor demo-
liſh the great radier till next ſpring, it is agreed that this
work fhall be begun April 25, and entirely perfected, if
poffible, in the manner abovementioned, by the end of
June, 1717.
May 5
5. The demolition of the jettees or piers on both fides
of the old canal or port of Dunkirk, fhall be entirely
finiſhed and made level with the ground, all the way from
the loweſt ebb, as far as within the town of Dunkirk; and
if there fhall remain any pieces of Fort Blanc, Chateau
Verd, and Bonne Efperance, they ſhall be totally laid flat
to the ground.
When this treaty fhall be ratified, the King of Great
Britain, and the Lords the States General of the United
Provinces may fend commiffioners to the ſpot, to be eye-
witneffes of the execution of this article.
We have figned this article provifionally, and upon con-
dition that it be approved by his moſt Chriſtian Majefty,
his Britannic Majeſty, and the Lords the States General
of the United Provinces. At Hampton-Court the of
September, in the year 1716. Signed by d'Ibberville,
Townfhend, and P. Methuen,
9
30
V. It being the true end and purpoſe of this alliance,
between the faid moft ferene Kings, and the Lords the
States General, to preferve and maintain reciprocally the
peace and tranquillity of their kingdoms, dominions, and
provinces, eſtabliſhed by the late treaties of peace, con-
cluded and figned at Utrecht the 11th of April, 1713, be-
tween their moſt ſerene Majeſties the moſt Chriſtian King,
the Queen of Great Britain, and the ſaid high and mighty
Lords the States General of the United Provinces: it is
agreed upon and concluded, that all and fingular the ar-
ticles of the faid treaties of peace, as far as they relate to
the intereft of the faid three powers refpectively, and of
each of them in particular, and likewife the fuccffions to
the crown of Great Britain in the Proteſtant line, and to
the
(192)
the crown of France, according to the faid treaties, fhall
remain in their full force and vigour; and that the faid
moft ferene Kings and the faid Lords the States General
do promiſe their reciprocal guarantee for the execution of
all the conventions contained in the faid articles, fo far as
they regard the fucceffions and interefts of the faid king-
doms and ſtates as above faid, and likewife for the main-
taining and defending of all the kingdoms, provinces,
tates, rights, immunities, and advantages, which each of
the faid allies reſpectively ſhall really be poffeffed of, at the
time of the ſigning of this alliance. And for this end the
faid moſt ferene Kings, and the Lords the States General,
have agreed and concluded between themſelves, that if
any one of the faid allies be attacked by the arms of any
prince or state whatever, the other allies fhall interpoſe their
good offices with the aggreffor, to procure fatisfaction to
the party offended, and to engage the aggreſſor to abſtain
entirely from all kinds of hoftility.
VI. But if fuch good offices have not the expected effect,
to reconcile the two parties, and to obtain a fatisfaction
and reparation of damages within two months, then thoſe
of the allies who have not been attacked, ſhall be obliged
without delay to affift their ally, and to furnish him the
fuccours hereafter mentioned, viz.
The moſt Chriſtian King, 8,000 foot and 2,000 horſe.
The King of Great Britain, 8,000 foot and 2,000 horſe.
The States General, 4,000 foot and 1,000 horſe.
But if the ally who fhall be engaged in a war, as afore-
faid, chufe rather to have fuccours by fea, or even prefers
money to either fea or land forces, the fame ſhall be left
to his difcretion, provided a proportion be always obferved
between the fums given, and the number of troops above
Specified.
And to the end that there may be no difpute about this
point, it is ftipulated, that 1000 foot foldiers fhall be va-
lued at the fum of 10,000 livres per month, and 1000 horſe
at the fum of 30,000 livers per month, Dutch money, rec-
koning 12 months in the year; and fuccours by fea fhall
be valued at the fame proportion.
VII.
4
( 193 )
}
VII. It is likewife ftipulated and agreed upon, that if
the kingdoms, countries or provinces, of any of the allies
are diſturbed by inteftine quarrels, or by rebellions on ac-
count of the ſaid fucceffions, or under any other pretext
whatever, the ally thus in trouble fhall have full right to
demand of his allies the fuccours abovementioned, or fuch
part thereof as he fhall judge neceffary, at the coft and ex-
pence of the allies that are obliged to furnish theſe fuc-
cours, which ſhall be ſent within the ſpace of two months
after they are demanded; faving, however, as is aforefaid,
to the party that requires them, his free choice to demand
fuccours either by land or fea: and the allies fhall be re-
imburſed of what charges they fhall be at for the fuccours
given, by virtue of this article, within the ſpace of a year
after thofe troubles are pacified and appeafed. But in cafe
the faid fuccours be not fufficient, the faid allies fhall agree
in concert to furnish a greater number, and alſo if the cafe
require it, they fhall declare war againſt the aggreffors,
and affift one another with all their forces.
VIII. The prefent treaty fhall be ratified by their moſt
Chriſtian and Britannic Majefties, and the Lords the States
General, and the letters of ratification fhall be delivered
in due form on all fides, within the ſpace of four weeks,
or fooner if poffible, counting from the day of figning
theſe preſents.
In witneſs whereof we the underwritten, being veſted
with full powers from their moft Chriftian and Britannic
Majefties, and the Lords the States General of the United
Provinces, have in their names figned this prefent treaty,
and cauſed the feals of our arms to be thereto affixed.
Done at the Hague, Jan. 4, 1717.
Signed by the plenipotentiaries above named in the
amble to the treaty.
pre-
The feparate Article, figned and ratified between France and
W
Holland.
HEREAS, in the fifth article of the treaty of al-
liance, concluded this day between their moſt ſe-
rene Majefties, the moſt Chriſtian King and the King of
Great
( 194 )
(194
194)
Great Britain, and the high and mighty Lords the States
General of the United Provinces, a reciprocal guarantee
was agreed upon, for the execution of all the conditions
mentioned in the faid article, and likewife for maintaining
and defending all the kingdoms, provinces, ftates, domi-
nions, immunities and advantages, which each of the ſaid
allies reſpectively fhall really be poffeffed of at the time of
the figning of the faid alliance; the underwritten Ambaf-
fadors Extraordinary and Plenipotentiaries of his moſt
Chriſtian Majefty, and the deputies and Plenipotentiaries
of the faid Lords the States General, have agreed, that
without any manner of derogation from the firſt article of
the faid alliance, according to which there fhall be an
inviolable peace, and a ftrict alliance between their faid
Majefties, and the ſaid Lords the States General, their do-
minions and fubjects, as well within Europe as out of it,
the guarantee ftipulated in the 5th article of the fame
treaty, ſhall not take place in regard of his moft Chriftian
Majeſty, and the Lords the States General, but only for
the dominions and poffeffions which they have refpectively
in Europe; which is alfo to be underſtood of the fuccours
ftipulated and promifed mutually in the 6th article of this
treaty which fuccours fhall alfo be limited within Eu-
rope, with regard to his moft Chriftian Majefty, and the
Lords the States General.
The preſent ſeparate article fhall be of the fame force
as if it was inferted verbatim in the treaty, and ſhall be
ratified at the fame time as the treaty, and the ratifications
ſhall alſo be exchanged at the fame time with thofe of the
treaty.
In witnefs whereof, we the underwritten, veſted with
the full powers of his moft Chriftian Majefty, and the
Lords the States General of the United Provinces, have in
their names figned the prefent article, and thereto cauſed
the feals of our arms to be affixed. Done at the Hague
the 4th day of January, 1717. Signed by the minifters
of France and Hollam mentioned in the preamble.
Convention
( 195 [95)
)
Convention between the Moft Serene and Moft Potent Prince
George, by the Grace of God King of Great Britain,
France, and Ireland, Defender of the Faith, c. and the
Moft Serene and Moft Potent Prince Lewis XV. the Moſt
Chriftian King, for propofing ultimate Conditions of Peace,
between the Emperor and the King of Spain, and between
the Emperor and the King of Sicily. Concluded at Paris
the 18th of July, N. S. 1718. Reprinted from the
Copy printed by Authority.
1. TE
HEY will propofe forthwith and by concert to the
Emperor, the faid plan of a treaty as an ultimatum,
in which they oblige themfelves not to make any altera-
tion, as alſo not to admit of the making of any.
II. Their Britannic and moft Chriftian Majesties, pro-
mife and oblige themſelves reciprocally, to cauſe to be
figned, and to ratify the faid treaty, according to the plan
above inferted; and they will forthwith give to their pleni-
potentiaries the neceffary orders and powers for figning it
at London, without any further delay, as foon as the Em-
peror's minifter plenipotentiary fhall be authorized to do
it, in the name of his Imperial Majefty.
III. Until the time the faid figning fhall be perfected,
their ſaid Majeſties fhall continue to employ in concert,
all their most preffing offices, with the King of Spain, the
King of Sicily, and every where elfe, where it may be
proper, for caufing the faid treaty to be approved and ac-
cepted.
IV. The prefent convention fhall be ratified by their
Britannic and moſt Chriſtian Majesties, and the letters of
ratification in due form fhall be delivered on both fides
at London, within the ſpace of 15 days, or fooner if pof-
fible, to be reckoned from the day of figning,
In witneſs whereof we, the underwritten, being furniſh-
ed with the full powers of their Britannic and moft Chrif
tian Majefties, have in their names figned the prefent con-
vention, and have cauſed the ſeal of our arms to be affix-
ed thereto. Done at Paris the 18th day of July, 1718.
(L. S.) Stair.
(L. S.) Stanhope.
(L. S.) Huxelles.
(L. S.) L. de Clermont Cheverny.
Con-
( 196 )
Convention between the Moft Serene and Moft Potent Prince
George, by the Grace of God, King of Great Britain,
France, and Ireland, Defender of the Faith, &c. and the
Moft Serene and Moft Potent Prince Lewis XV. the Moft
Christian King, for fettling feparate and fecret Articles be-
longing to the foregoing ultimate Conditions of Peace. Con-
cluded at Paris the 18th of July, N. S. 1718. Reprinted
from the Copy printed by Authority.
W
SEPARATE ARTICLE, No. 1.
pre-
HEREAS the treaty this day made and figned be-
tween his Imperial Majefty, his Britannic Majefty,
and his moft Chriftian Majefty, containing (as well ſuch
conditions as have been thought moft equitable and pro-
per for eſtabliſhing a peace betwixt the Emperor and the
Catholic King, and betwixt the faid Emperor and the King
of Sicily, as the conditions of an alliance made for
ferving the public peace between the faid contracting
powers) hath been communicated to the high and mighty
Lords the States General of the United Netherlands: and
whereas the ſeparate and fecret articles likewife figned this
day, and containing the meaſures which it has been
thought fit to take for putting the aboveſaid treaty in exe-
cution, are likewife fhortly to be propoſed to the States
General aforefaid. The inclination which that Republic
has fhewn for reſtoring and eſtabliſhing the public tran-
quillity, leaves no room of doubt but they will moſt readi-
ly accede thereto. The States General aforefaid are there-
fore by name inferted as contracting parties in the faid
treaty, in moſt certain hope that they will enter therein,
as foon as the ufual forms of their government will allow.
But if, contrary to the hopes and wiſhes of the contrac-
ting parties (which neverthelefs is not in the leaſt to be
fufpected) the faid Lords the States General ſhall not take
their refolution to accede to the ſaid treaty; it is exprefsly
agreed and covenanted between the faid contracting par-
ties, that the treaty abovementioned and this day figned,
ſhall nevertheleſs have its effect among them, and fhall in
all its clauſes and articles be put in execution in the fame
manner
( 197 )
manner as therein is fet forth, and the ratifications thereof
ſhall be exhibited at the times above fpecified.
This feparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day con-
cluded and figned, and fhall be ratified in the fame manner,
and the inftruments of ratification fhall be delivered with-
in the fame time with the treaty itſelf.
In witneſs whereof we the underwritten, by virtue of the
full powers this day mutually exhibited, have figned this
ſeparate article, and thereto have affixed our feals. Done
at London the 22d of July O. S. in the year 1718.
2d of Aug. N. S.
(L. S.) Chrif. Pen:erridter (L.S.) IV. Cant. (L S.) Dubois.
ab Adelfbaufen.
(L. S). Fo. Phil. Hoffman.
BUT
(L.S.) Parker C.
(L.S.) Sunderland P.
(L.S.) Kingston C. P. S.
(L.S.) Kent.
(L.S.) Holles Newcastle.
(L.S.) Bolton.
(L.S.) Roxburghe.
(L.S.) Berkeley.
(L.S.) F. Graggs.
SEPARATE ARTICLE. No. 2.
UT if the Lords the States General of the United Ne-
therlands ſhould happen to think it too hard for them
to contribute their fhare of pay to the Swifs Cantons, for
maintaining the garrifons of Leghorn, Porto-Ferraio,
Parma, and Placentia, according to the tenor of the treaty
of alliance this day concluded; it is exprefsly provided by
this feparate article, and agreed between the four con-
tracting powers, that in fuch cafe the Catholic King may
take upon him the faid fhare of the Lords the States Ge-
nerals.
This feparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day con-
cluded and figned, and fhall be ratified in the fame man-
ner, and the inftruments of ratification fhall be delivered
within the fame time with the treaty itſelf.
Q
VOL. II.
In
( 198 )
In witneſs whereof we the underwritten, by virtue of
the full powers this day mutually exhibited, have figned
this feparate article, and thereto have affixed our feals.
Done at London the 22d of July, 0.5. in the year 1718.
2d of Aug. N. S.
Signed as before.
SEPARATE ARTICLE. No. 3.
WHEREAS in the treaty of alliance this day to be
figned with his Imperial and Catholick M jefty, as
likewife in the conditions of peace inferted therein, their
facred royal Britannick, and moft Chriftian Mijefties, and
the Lords the States General of the United Netherlands, do
ftyle the prefent poffeffor of Spain and the Indies Catho-
lic King, and the Duke of Savoy king of Sicily, or alfo
king of Sardinia: and whereas his Sacred Imperial and
Catholick Majefty cannot acknowledge thefe two princes
as kings, before they fhall have acceded to this treaty:
his Sacred and Imperial Catholick Majefty, by this fepa.
rate article which was figned before the treaty of alliance,
doth therefore declare and proteft, that by the titles there
either given or omitted, he doth not mean in the leaſt to
prejudice himſelf, or to grant or allow the titles of king to
the faid two princes, only in that cafe when they fhall
have acceded to the treaty this day to be figned, and fhall
have agreed to the conditions of peace ſpecified therein.
This feparare article fhall have the fame force as if it had
been word for word interted in the treaty this day con-
cluded and figned, and fhall be ratified in the fame man-
ner, and the inftruments of ratification fhall be delivered
within the fame time, with the treaty itſelf.
In witness whereof we the underwritten, by virtue of the
full powers this day mutually exhibted, have figned this
feparate article, and thereto have affixed our feals. Done
at London the 22d of July O. S. in the year 1718,
zd of Aug. N. S
Signed as before.
SEPARATE ARTICLE, No. 4.
WHEREAS fome of the titles, which his Sacred Im-
perial Majefty, makes ufe of, either in his full
powers, or in the treaty of alliance this day to be figned
with
( 199 )
(199
with him, cannot be acknowledged by his facred royal
moft Chriftian Majefty; he doth declare and proteft by
this ſeparate article, which was fined before the treaty of
alliance, by the faid titles given in this treaty, he doth
not mean to prejudice cither himſelf or any other, or that
he in the leaft gives any right thereby to his Imperial
Majefty.
This feparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day
concluded and figned, and fhall be ratified in the fame
manner, and the inftruments of ratification fhall be deli-
vered within the fame time, with the treaty itſelf.
In witnefs whereof we the underwritten, by virtue of the
full powers this day mutually exhibited, have figned this
feparate article, and thereto have affixed our feals. Done
at London the 22d of July, O. S. in the year 1718.
2d of Aug. N. S.
Signed as before.
N. B. The king of Sardinia acceded to this convention.
Treaty of alliance for fettling the publick Peace. Signed at
London July 22, 1718. Reprinted from the copy, print-
Aug, 2,
ed at London, by authority. Note, This treaty is com-
monly called THE QUADRUPLE ALLIANCE.
In the name of the Moft Holy and Undivided Trinity.
E it known to all whom it doth concern, or may any
way concern.
BE
Whereas the most ferene and moft potent prince,
George, of Great Britain, France, and Ireland, king,
duke of Brunſwick and Lunenburgh, elector of the holy
Roman Empire, &c. and the moft ferene and most potent
prince Lewis XV. the moft Chriftian King, &c. as like-
wife the High and Mighty States General of the United
Provinces of the Netherlands; being continually intent on
preferving the bleffing of peace, have duly confidered,
that however by the triple alliance concluded by them on
the 4th day of January, 1717, their own kingdoms and
0 2
pro-
( 200 )
provinces were provided for, yet that the provifion was
neither fo general nor fo folid, as that the publick tran-
quillity could long flourish and laft, unleſs at the ſame time.
the jealoufies which were ftill increafing between fome of
the princes of Europe as perpetual occafions of varience
could be removed; and being convinced by experience
from the war kindled the laſt year in Italy, for the timely
extinguifhing whereof by a treaty inade the 18th day of
July, N. S. in the year 1718, they agreed among them-
felves upon certain articles of pacification according to
which a peace might be brought about and eſtabliſhed be-
tween his facred Imperial Majefty and the king of Spain; as
likewiſe between his faid Imperial Majefty and the king
of Sicily, and farther gave a friendly invitation to his Im-
perial Majefty, that out of his love for the public peace
and quiet, he would receive and approve the faid articles
of convention in his own name, and accordingly that he
himſelf would accede to the treaty made by them, the te-
nor of which is as followeth :
10
Conditio s of Peace between his Imperial Majefty and his royal
Catholick Majefly.
Art. I. For quicting the difturbances lately raifed con-
trary to the peace of Baden, concluded the 7th day of Sep-
tember, 1714, as likewife to the neutrality eſtabliſhed for
Italy by the treaty of the 14th day of March, 1713, the
moft ferene and moft potent King of Spain obliges himſelf
to reſtore to his Imperial Majefty, and accordingly thall
immediately, or at the fartheft after two months to be
reckoned from the exchange of the ratifications of this
prefent treaty, actually reftore to his faid Imperial Majefty
the inland and kingdom of Sardinia in the condition
wherein he feized it, and fhall renounce in favour of his
Imperial Majefty all rights, pretenfions, interefts, and
claims upon the faid kingdom; fo that his Imperial Ma-
jefty fully and freely, and in the manner which he judges
beft, out of his love to the publick good, may difpofe of
it as of his own property,
II. Whereas the only method which could be found
out for fixing a durable balance in Europe was judged to
be
}
( 201 )
be this, that it fhould be an eſtabliſhed rule that the king-
doms of France and Spain fhould never go together, or be
united in one and the fame perfon, or in one and the fame
line, and that thoſe two monarchies fhould henceforward
for ever remain feparate; and whereas for confirming this
rule fo neceffary for the public tranquillity, thofe Princes,
to whom the prerogative of birth might have given a right
of fucceeding in both kingdoms, have folemnly renounced
one of thoſe two kingdoms for themſelves and all their pof-
terity; fo that this feparation of the two monarchies has
paffed into a fundamental law in the general affembly
commonly called Las Kortes, which was received at Madrid
the 9th day of November, 1712, and confolidated by the
treaties of Utrecht, the 11th day of April, 1713, his Im-
perial Majefty being willing to give the utmoft perfection
to fo ncceffary and wholefome a law, to take away all ground
of fufpicion, and to promote the public tranquillity, doth
accept and agree to thoſe things which were done, ratified,
and eſtabliſhed in the treaty of Utrecht, with regard to the
right and order of fucceffion to the kingdoms of France
and Spain, and doth renounce as well for himſelf, as for
his heirs, defcendants, and fucceffors, male and female,
all rights, and all and every pretenfion whatfoever, not
one in the leaft excepted, on any kingdoms whatſoever,
dominions and provinces of the Spanish monarchy, where-
of the Catholic King was acknowledged to be the rightful
poffeffor by the treaty of Utrecht, and will caufe to be
made out in due form accordingly folenin acts of renun-
ciation, which he will caufe to be published and register-
ed in the proper courts, and promifes that he will exhibit
the uſual inftruments thereupon to his Catholic Majefty and
to the contracting powers.
III. By virtue of the faid renunciation, which his Im-
perial Majeſty has made out of regard to the fecurity of all
Europe; and in confideration likewife that the Duke of
Orleans has for himfelf and for his defcendants renounced
all his rights and claims upon the kingdom of Spain, on
condition that neither the Emperor, nor any of his de-
fcendants, fhall ever fucceed to the faid kingdom; his Im-
perial Majefty doth acknowledge Philip V. to be lawful
king of Spain and of the Indies, and doth promife to give
O 3
him
[202]
?
him the titles and prerogatives belonging to his dignity and
his kingdoms; and moreover, he will allow him, his
defcendents, heirs and fucceffors, male and female, peace-
ably to enjoy all thofe dominions of the Spanish monarchy
in Europe, the Indies, and elſewhere; the poffeffion
whereof was allowed him by the treaties of Utrecht, nor
will he directly or indirectly disturb him in the faid pof-
feffion at any time, nor will he claim to himfelf any right
to the faid kingdoms and provinces.
IV. In return for the renunciation and acknowledgment
made by his Imperial Majefty in the two forgoing articles,
the Catholick King as well as in his own, as in the name
of his heirs, defcendents, and fucceffors, male and female,
doth renounce in favour of his Imperial Majefty, his fuc-
ceffors, heirs and defcendents male and female, all rights
and claims whatfoever, none in the leaft being excepted,
upon all and every the kingdoms, provinces, and domi-
nions, which his Imperial Majefty doth poffefs in Italy or
the Netherlands, or may accrue to him by virtue of this
prefent treaty; and he doth wholly abdicate all rights,
kingdoms, and provinces in Italy, which heretofore be-
longed to the Spanish monarchy, among which the mar-
quifat of Final yielded by his Imperial Majefty to the re-
public of Genoa in the year 1713, is underſtood to be
exprefsly comprehended, and he will caufe to be made out
accordingly folemn acts of renunciation in duc form, which
he will caufe to be published and registered in the proper courts
and promifes that he will exhibit the ufual inftruments there-
upon to his Imperial Majefty and the contracting powers.
His Catholic Majefty doth in the like manner renounce
the right of reverfion of the kingdom of Sicily to the crown
of Spain, which he had referved for himſelf, and all other
claims and pretenfions under pretext whereof he might
diflurb his Imperial Majefty, his heirs and fucceflors, di-
rictly or indirectly, as well in the forefaid kingdoms and
provinces, as in all other dominions, which he actually
poffeffes in the Netherlands or elsewhere.
V. Whereas in cafe the grand duke of Tufcany, or the
duke of Parma and Placentia, or their fucceffors, fhould die
without male iffue, the pretentions of fucceffion to the do-
minions
( 203 )
minions poffeffed by them might kindle a new war in Italy
on account of the different rights of fucceffion, whereby,
after the deceaſe of the next heirs before her, the preſent
Queen of Spain born Dutchefs of Parma, claims the ſaid
dukedoms to herfelf on the one part, and the emperor and
empire on the other part. To the end that the great dif-
putes, and the evils arifing from them, may be timely ob-
viated; it is agreed that the ftates and duchies at prefent
poffeffed by the grand Duke of Tufcany, and Duke of
Parma and Placentia aforefaid, fhall in time to come be
held and acknowledged by all the contracting powers as
undoubted male fiefs of the Holy Roman Empire.
His
Imperial Majefty on his part doth confent by himself as
head of the empire, that whenever it fhall happen that the
faid duchies fhall lie open for want of heirs male, the
firſt-born ſon of the faid queen of Spain, and his defcen-
dents, being males, born in lawful matrimony; and in de-
fault of them the fecond born, or other the younger fons
of the faid queen, if any ſhall be born, together with their
male defcendents, born in lawful marriage, fhall in like
manner fucceed to all the provinces aforefaid. To which
end it being neceffary that the confent of the empire be
alfo given, his Imperial Majeſty will ufe all his endeavours
to obtain it; and having obtained it, he will caufe the
letters of expectative, containing the eventual inveftiture
for the fon of the faid queen, or her fons, and their legiti
mate male defcendents, to be expedited in due form; and
he will cauſe the faid letters to be delivered to the Catho-
lic King immediately, or at least after two months from
the exchange of the ratifications: without any damage
nevertheleſs, or prejudice, to the princes who now have
poffeffion of the faid duchics, which poffeffion is to re-
main entirely fafe to them.
It is further agreed, between his facred Imperial Ma
jefty, and the Catholick King, that the town of Leghorn
may, and ought, perpetually to remain a free port, in the
fame manner as it now is.
By virtue of the renunciation made by the king of
Spain, of all the dominions, kingdoms, and provinces in
Italy, which heretofore belonged to the Kings of Spain,
that king thall yield to the aforefaid prince his fon, the
04
town
(204)
town of Porto-Longone, together with that part of the
inland Elba, which he actually poffeffes therein; and fhall
deliver the fame up to him, as foon as that prince, on the
extinction of the male pofterity of the grand Duke of
Tufcany, fhall be admitted into the actual poffeffion' of
his territories.
It is morcover agreed to, and provided by folemn con-
tract, that none of the aforefaid duchies or dominions,
at any time, or in any cafe, may or ought to be poffeft by
a prince, who at the fame time holds the kingdom of Spain;
and that no king of Spain can ever take upon him the
guardianship of that prince, or may be allowed to exerciſe
the fame.
Laftly it is agreed, and thereto all and fingular the parties
contracting have equally bound themſelves, that it never
fhall be allowed during the lives of the prefent poffeffors of
the duchies of Tufcany and Parma, or of their male fuc-
ceffors, that any forces of any country whatſoever, whether
their own or hired, fhail either by the emperor, the king
of Spain and France, or even by the prince appointed, as
above, to the fucceffion, be introduced into the provinces
and lands of the faid duchies; nor fhall any of them place
any garrifon in the cities, ports, towns, or fortreffes there-
in fituated.
But the faid fon of the queen of Spain, appointed by
this treaty to the fucceffion of the great duke of Tufcany
and the duke of Parma and Placentia, may be more
fully fecured againſt all events, and may more certainly
depend on the execution of the fucceflion promiſed him :
and likewife that the fief, conftituted as above, may remain
inviolable to the Emperor and empire; it is agreed on both
fides, that garrifons, not exceeding however the number
of 6,000 men, which fhall be put into the principal towns
thereof, viz. Leghorn, Porto Ferraro, Parma, and Pla-
centia, be taken from among the Swifs Cantons, which
Cantons are for this purpofe to be payed by the three con-
tracting powers, who have taken upon them the part of
mediators. And the faid garrifons are therein to be con-
tinued till the cafe of the faid fucceffion fhall happen, when
they fhall be obliged to deliver the towns to the ſaid prince
appointed to the fucceffion. Nevertheleſs without any
trouble
( 205 )
trouble or charge to the prefent poffeffors, and their fuc-
ceffors be males, to whom likewife the faid garrifons are to
take an oath of fidelity, and are to affume to themſelves
no other authority than only the guard of the cities com-
mitted to their charge.
But whereas this beneficial work may be longer delayed
than is convenient, before an agreement can be made with
the Swiss Cantons about the number, pay, and manner of
eſtabliſhing fuch a force; his facred royal Britannic Ma-
jefty out of his fingular zeal for the faid work, and the
public tranquillity, and for the earlier obtaining the end
propofed, will not in the mean time refufe to lend his own
forces for the ufe abovementioned, if the rest of the con-
tacting powers think good, till the forces to be raiſed in
the Swiss Cantons can take upon them the guard and cuf-
tody of the faid cities.
VI. His Catholic Majefty, to teſtify his fincere incli-
nation for the public tranquillity, doth conſent to all things
hereafter mentioned, with regard to what is fettled about
the kingdom of Sicily for the advantage of his Imperial
Majeſty, and doth renounce for himſelf, his heirs and fuc-
ceffors male and female, the right of reverfion of that
kingdom to the crown of Spain, which he exprefsly re-
ſerved to himſelf by the inftrument of ceffion dated the
10th of June 1713. Out of love to the public good he
moreover departs from the ſaid act of the 10th of June
1713, as far as is neceffary, as likewife from the fixth
article of the treaty of Utrecht betwixt himſelf and his
royal highneſs the Duke of Savoy, as likewife in general
from every thing that may oppofe the retroceffion, dif-
pofition and permutation of the above-mentioned king-
dom of Sicily by this prefent treaty eſtabliſhed. On con-
dition nevertheleſs that the right of reverfion of the iſland
and kingdom of Sardinia to the faid crown may be yielded
and allowed to him, as hereafter in the fecond article of the
conventions between his facred Imperial Majefly and the
King of Sicily is farther explained.
VII. The Emperor and the Catholic King mutually
promife and bind themfelves to a reciprocal defence and
guaranty of all the kingdoms and provinces which they
actually
(206)
actually poffefs, or the poffeffion whereof ought to belong
to them by virtue of the prefent treaty.
VIII. His Imperial Majefty and his royal Catholic
Majefty fhall immediately after exchange of the ratifica-
tions of theſe prefent conventions, put in execution all
and every the conditions therein comprehended, and that
within the fpace of two months at the fartheft, and the in-
ftruments of the ratifications of the faid conventions fhall
be exchanged at London within the ſpace of two months,
to be computed from the day of figning, or fooner if pof-
fible. Which execution of the conditions being previouf
ly performed, their Miniſters and Plenipotentiaries, by
them to be named, fhall in the place of Congreſs, which
they fhall agree upon, with all fpeed feverally fettle and
determine the other points of their particular peace, un-
der the mediation of the three contracting powers.
It is farther agreed, that in the treaty of peace particu
Jarly to be made between the Emperor and the King of
Spain, a general amnefty fhall be granted to all perfons
of any ſtate, dignity, degree, or fex whatſoever, whether
eccleſiaſtical or military, political or civil, who followed
the party of the one or the other prince during the late
war; in virtue whereof all and fingular the faid perfons
fhall be permitted to receive, and they may receive full
poffeffion and ufe of their goods, rights, privileges, ho-
nours, dignities, and immunities, and fhall ufe and enjoy
the fame as freely as they did enjoy them at the beginning
of the laft war, or at the time when they begun to join
themſelves to the one or the other party, all confifcations,
arrefts, and fentences made, paffed, or pronounced, du-
ring the war to the contrary notwithstanding, which fhall
be held as null and of no effect. In virtue moreover of
the aforefaid amnefty, it ſhall be lawful and free for all and
fingular the faid perfons, who followed one or the other
party, to return to their country, and to enjoy their goods
in the fame manner as if no war had happened: and a full
licence is given them to take care of the faid effects, cither
by themſelves if they ſhould be prefent, or by their at-
tornies, if they fhould chooſe rather to abfent themſelves
from their country, and they may eitheir fell, or any other
way, according to their pleafure, difpofe of them entirely
after
(207)
after the fame manner they might have done before the
beginning of the war.
Conditions of the Treaty to be compleated between his Imperial
Majefty and the King of Sicily.
:
Art. I. Whereas the ceffion of Sicily, by the treaties
of Utrecht to the houfe of Savoy, being folely made for
rendering that peace folid, and not on the account of any
right the King of Sicily had thereto, has been ſo far from
bringing about the end propofed, that, as all Europe can
witneſs, it has rather proved the great obftacle which hin-
dered the Emperor from acceding to the faid treaties, in-
afmuch as the feparation of the kindoms of Naples and
Sicily, fo long ufed to remain under the fame dominion
and to be called by the name of Both the Sicilies, has not
only been found oppofite to the common interefts and mu-
tual prefervation of both kingdoms, but likewife to the
repofe of all Italy, being conftantly productive of new
commotions, while neither the ancient intercourfe and
mutual relation between the two nations can be deſtroyed,
nor the interefts of the different princes can be eafily re-
conciled for this reafon it is that the princes, who firft
made the Utrecht treaties, have thought it lawful for them
even without the confent of the parties concerned, to abro-
gate that one article of thoſe treaties which regards the
kingdom of Sicily, and is not any principal part of
the faid treaty, founding themfelves chiefly upon theſe
reafons; that the prefent treaty will receive its increaſe and
completion from the Emperor's renunciation; and that by
the exchange of Sicily for Sardinia, the wars which threaten
Italy may be prevented, inafmuch as the Emperor might
rightfully attack Sicily, which he never yet renounced, and
which fince the infraction of the neutrality of Italy by the
feizure of Sardinia, he may rightfully recover by force of
arms: befides that the King of Sicily may become poffeffed
of a certain and durable dominion by the benefit of fo
folemn a treaty with his Imperial Majefty, and guarantied
by the chief princes of Europe. Being moved therefore
by fo great reafons they have agreed that the King of Sici-
ly fhall reſtore to his Imperial Majefty the iſland and
kingdom
(208)
?
kingdom of Sicily with all its dependencies and appen
dages in the ftate wherein they now are, immediately, ot
in two months at the fartheft from the exchange of the ra-
tifications of the prefent treaty. And he fhall in favour
of the Emperor, his heirs, and fucceffors of both fexes,
renounce all rights and pretenfions whatſoever to the faid
kingdom, as well for himſelf as his heirs and fucceffors,
male and female; the reveríon thereof to the crown of
Spain being entirely taken away.
II. In return his Imperial Majefty fhall yield to the
King of Sicily the ifland and kingdom of Sardinia, in the
fame condition wherein he fhall receive it from the Ca-
tholic King, and fhall renounce all rights and intereſts
in the faid kingdom for himſelf, his heirs and fucceffors
of both fexes, in favour of the King of Sicily, his heirs and
fucceffors, that he may hereafter perpetually poffeis the
fame with a title of a kingdom, and all other honours an-
nexed to the royal dignity in the fame manner as he pof-
felfed the kingdom of Sicily; on condition nevertheleſs
that the reverfion of the faid kingdom of Sardinia ſhall be
referved to the crown of Spain, whenever it may happen.
that the King of Sicily fhall be without heirs male, and all
the houſe of Savoy fhall likewiſe be deftitute of heirs male.
But in the fame manner altogether as the faid reverfion
was fettled and ordained for the kingdom of Sicily by
the treaties of Utrecht, and by the act of ceffion in pur-
fuance thereof made by the King of Spair.
III. His Imperial Majefty fhall confirm to the King of
Sicily all the ceffions made to him by the treaty figned at
Turin the 8th day of November 1703, as well of that
part of the duchy of Montferrat, as of the provinces,
cities, towns, caftles, lands, places, rights, and revenues
of the ſtate of Milan, which he now doth poffefs, in the
manner wherein he actually doth poflefs them; and he
will ftipulate for himſelf, his defcendents, and fucceffors,
that he never will difturb him, his heirs, or fucceffors, in
the poffeffion aforefaid: on condition nevertheleſs that all
other claims and pretenfions which he may poffibly make
in virtue of the faid treaty fhall be and remain void.
IV. His Imperial Majefty fhall acknowledge the right
of the King of Sicily, and his houſe to fucceed immediately
to
( 209 )
(209
to the kingdom of Spain and of the Indies, in cafe of the
failure of King Philip V. and his pofterity, in manner as is
fettled by the renunciations of the Catholic King, the
Duke of Berry, and the Duke of Orleans, and by the
treaties of Utrecht; and his Imperial Majefty fhall pro-
mife as well for himſelf as for his fucceffors and defcen-
dents, that at no time he will directly or indirectly oppofe,
or any way act contrary to the fame. It is declared ne-
vertheleſs that no prince of the houfe of Savoy who fhall
fucceed to the crown of Spain, may poffefs at the fame
time any province or dominion on the continent of Italy,
and that in fuch cafe thofe provinces fhall devolve to the
collateral princes of that houfe who fhall fucceed therein.
one after another according to the proximity of blood.
V. His Imperial Majefty and the King of Sicily fhall
give mutual guaranties for all the kingdoms and provinces
which they actually poflefs in Italy, or which fhall accrue
to them by virtue of this prefent treaty.
VI. His Imperial Majefty and the King of Sicily imme-
diately after the exchange of the ratifications of theſe con-
ventions fhall put in execution all and every the conditions
therein contained, and that within the ſpace of two months
at the fartheft and the inftruments of the ratifications of
the faid conventions fhall be exchanged at London within
two months from the day of figning, or fooner if poffible.
And immediately after the previous execution of the faid
conditions, their Minifters and Plenipotentiaries, by them
to be named, fhall, in the place of congrefs they fhall
agree upon, with all ſpeed feverally fettle the other points
of their particular peace, under the mediation of the three
contracting powers.
His abovenamed Imperial and Catholic Majefty be-
ing extremely inclined to promote the peace propofed,
and to avert the dreadful calamities of war, and out of his
fincere defire to fettle an univerfal pacification, hath ac-
cepted the afore-mentioned conventions, and all and fin-
gular the articles thereof, and hereby doth accept the fame,
and accordingly has entered into a particular treaty with
the three powers abovefaid on the following conditions.
Art. I. That there be and remain between his facred
Imperial Catholic Majefty, his facred Royal Majeſty of
Great
[ 210 ]
Great Britain, his facred royal and moft Chriftian Ma-
jefty, and the High and Mighty Lords the States General
of the United Netherlands, and their heirs and fucceffors,
a moft ftrict alliance, in virtue whereof each of them are
bound to preferve the dominions and fubjects of the others,
as likewife to maintain peace, to promote mutually the in-
tereſts of the others as their own, and to prevent and re-
pel all damages and injuries whatſoever.
II. The treaties made at Utrecht and Baden fhall remain
in their full ſtrength and force, and fhall be a part of this
treaty, thofe articles excepted, from which it has been
judged for the public good to depart; as likewife thofe
articles of the Utrecht treaties excepted, which were abo-
lifhed by the treaty of Baden. The treaty of alliance made
at Weſtminſter the 25th day of May 1716, between his fa-
cred Imperial and Catholic Majelty, and his facred Royal
Majefty of Great Britain, as likewife the treaty made at
the Hague the 4th day of January 1717, between the king
of Great Britain and the moft Chriftian King, and the
States General of the United Provinces, fhall nevertheleſs
remain in full force in every particular.
II. His facred Britannic Majefty, as likewife his fa-
cred moft Chriftian Majefty, and the Lords the States Ge-
neral of the United Netherlands, do covenant for themfelves
their heirs and fucceffors, that they never will directly or
indirectly disturb his facred Imperial and Catholic Ma-
jefty, his heirs and fucceffors, in any of his kingdoms, do-
minions, and provinces, which he poffeffes by virtue of the
treaties of Utrecht and Baden, or which he fhall gain pof-
feffion of by virtue of this prefent treaty. On the contrary
they both will and ought to defend and guarantee the pro-
vinces, kingdoms, and jurifdictions, which he now poffeffes,
or which fhall accrue to him in virtue of this treaty, as well
in Germany as in the Netherlands and in Italy, and they
promife that they fhall defend the faid kingdoms and pro-
vinces of his Imperial and Catholic Majefty against all
and fingular who may attempt to invade the fame in a ho-
ftile manner and that they both will and ought, when the
cafe happens, to furnish him with fuch fuccours as he fhall
need, according to the conditions and repartition, which
they have agreed upon as hereafter mentioned. In like
manner
(211)
manner their royal Britannic and moft Chriftian Ma-
jefties and the States General exprefsly bind themſelves,
that they will not at any time give or grant any protection
or refuge in any part of their dominions to the fubjects of
his Imperial and Catholic Majefty, who actually are, or
hereafter ſhall be by him declared rebels, and in caſe any
fuch ſhall be found in their kingdoms, provinces, or domi-
nions, they fincerely promife that they will take effectual
care to expel them out of their territories within eight days
after application made by his Imperial Majefty.
IV. On the other hand his facred Imperial and Catho-
lic Majefty, his facred royal Britannic Majefty, and
the States General of the United Provinces, promife for
themſelves, their heirs and fucceffors, that they never will,
directly or indirectly, diſturb his facred moſt Chriſtian Ma-
jeſty in any of his dominions to the crown of France now
belonging. On the contrary they will and ought to guard
and defend the fame againſt all and fingular who may at-
tempt to invade them in a hoftile manner, and in that cafe
they will and qught to furniſh fuch fuccours as his moſt
Christian Majefty fhall want, as according as hereafter is
agreed upon.
I
His facred Imperial and Catholic Majefty, his facred
royal Majefty of Great Britain, and the Lords the States
General. do likewife promife and oblige themfelves that
they will and ought to maintain, guarantee, and defend
the right of fucceffion in the kingdom of France, accord-
ing to the tenor of the treaties made at Utrecht the 11th
day of April 1713, obliging themfelves to ftand by the
faid fucceffion plainly according to the form of the re-
nunciation made by the king of Spain the 5th day of No-
vember 1712, and by a folemn act accepted in the gene-
ral affembly of the ftates of Spain the 9th day of the
month and year aforefaid, which thereupon paffed into a
law the 18th of March 1713, and laftly was eſtabliſhed
and fettled by the treaties of Utrecht: and this they fhall
perform againſt all perfons whatfoever who may prefume
to difturb the order of the faid fucceffion in contradiction
to the previous acts and treaties fubfequent thereon.
To which end they fhall furnish the fuccours, according to
the repartition agreed on below. Farther, when the mat-
ter
( 212
ter may require it, they fhall defend the ſaid order of fuc-
ceffion with all their forces, by likewife declaring war
againſt him who may attempt to infringe or impugn the
fame.
Moreover his Imperial royal Catholic Majefty, and
his royal Britannic Majefty, and the States General,
do likewife promife that they will not at any time give
or grant any protection or refuge in their dominions to
the fubjects of his royal moft Chriftian Majefty, who ac-
tually are, or hereafter fhall be declared rebels; and in
cafe any fuch ſhall be found in their kingdoms, provinces,
and dominions, they fhall command them to depart the
fame within the ſpace of eight days after application made
by the faid king.
V. His facred Imperial royal and Catholic Majefty,
as alfo his royal moft Chriftian Majefty, and the States.
General of the United Provinces do bind themſelves, their
heirs, and fucceffors, to maintain and guarantee the fuc-
ceffion in the kingdom of Great Britain, as eftablished by
the laws of that kingdom in the houfe of his Britannic
Majeſty now reigning, as likewife to defend all the do-
minions and provinces poffeffed by his Majefty. And
they fhall not give or grant any protection or refuge in
any part of their dominions to the perfon, or his defcen-
dents, if he ſhould have any, who during the life of
James II. took on him the title of Prince of Wales, and
fince the death of that king, affumed the royal title of
King of Great Britain. Promifing alike for themfelves,
their heirs, and fucceffors, that they will not give to the
faid perfon or his defcendents, directly or indirectly, by
fea or by land, any fuccour, council or affiftance whatſoever,
either in money, arms, military ftores, fhips, foldiers,
mariners, or any other manner whatfoever. The fame
they fhall obferve with regard to thoſe who may be ordered
or commiffioned by the faid perfon or his defcendents, to
disturb the government of his Britannic Majefty, or the
tranquillity of his kingdom, whether by open war or clan-
deftine confpiracies, by raiſing feditions and rebellions, or
by exercifing piracy on his Britannic Majefty's ſubjects.
In which laft cafe his Imperial and royal Catholic Ma-
jefty doth promife, that he will in no wife allow that there
be
( 213 )
213)
be any receptacle granted to fuch pirates in his
ports in
the Netherlands. The fame do his facred moft Chriftian
Majefty and the States General of the United Provinces
ftipulate, with regard to the ports in their reſpective do-
minions; as on the other hand his Britannic Majesty doth
promife, that he will refufe any refuge in the ports of his
kingdoms to pirates infefting the fubjects of his facred Im-
perial and royal Catholic Majefty, of his facred royal moſt
Chriftian Majefty, or of the Lords the States General.
Laſtly, his Imperial and royal Catholic Majefty, his fa-
cred royal moft Chriftian Majefty, and the Lords the States
General oblige themſelves, that they never will give any-
refuge or protection, in any part of their dominions, to
fuch of his Britannic Majefty's fubjects as actually are,
or hereafter fhall be declared rebels; and in cafe any fuch
fhall be found in any of their kingdoms provinces, or do-
minions, they ſhall command them, within eight days
after application made by the faid King, to depart out of
their territories. And if it ſhould happen that his facred
Britannic Majeſty ſhould be invaded in any part in a hof-
tle manner, his Imperial and royal Catholic Majefty, as
likewife his royal moft Chriftian Majefty, and the States
General of the United Provinces, do oblige themſelves,
in that cafe, to furnish the fuccours hereafter fpecified.
The fame they are to do in favour of his defcendents, if
ever it fhould happen that they fhould be difturbed in the
fucceffion of the kingdom of Great Britain.
*
VI. His Imperial and royal Catholic Majefty, and
their royal Britannic and moft Chriftian Majesties do bind
themſelves, their heirs, and fucceffors, to protect and
guarantee all the dominions, jurifdictions, and provinces,
which the Lords the States General of the United Pro-
vinces actually poffefs, againft all perfons whatfoever who
may disturb of invade them, promifing to furn fh them
in fuch caſe with the fuccours hereafter mentioned.
Imperial and royal Catholic Majefty, and their royal Bri-
tannic and mott Chriftian Majefties, likewife oblige them-
felves, that they will give no refuge or protection in any
of their kingdoms to the fubjects of the States General,
who are, or hereafter ſhall be declared rebels; and if any
fuch fhall be found in any of their kingdoms, dominions,
VOL. II.
P
His
OF
1
( 214 )
or provinces, they will take care to fend them out of their
dominions within the ſpace of eight days after application
made by the Republic.
VII. When it ſhall happen that any one of the four con-
tracting powers fhall be invaded by any other prince or
ſtate, or diſturbed in the poffeffion of their kingdoms or
dominions, by the violent detention of their fubjects, fhips,,
goods, or merchandize, by ſea or by land, then the three
remaining powers fhall, as foon as they are required there-
to, uſe their good offices that the party fuffering may have
fatisfaction for the damage and injury received, and that
the aggreffor may abftain from the profecution of his ho-
ftility. But when thefe friendly offices for reconciliation
and procuring fatisfaction and reparation to the injured
party fhall have proved infufficient, in that cafe the high
allies, within two months after application made, fhall
furnish the party invaded with the following fuccours,
jointly or feparately, viz.
His Imperial and royal Catholic Majefty, 8,000 foot,
and 4,000 horſe.
His Britannic Majefty, 8,000 foot, and 4,000 horſe.
His moſt Chriſtian Majefty, 8,000 foot, and 4,000
horſe.
And the Lords the States General, 4,000 foot, and 2,000
horfe.
But if the prince or party injured, inftead of foldiers,
chufes rather ſhips of war, or tranfports, or fubfidies in
money, which is left to his difcretion, in that cafe, the
fhips or money defired fhall be granted him in proportion
to the charge of the foldiers to be furniſhed. And that all
ambiguity with regard to the calculation and charge of
fuch fums may be taken away, it is agreed, that 1,000 foot
by the month, fhall be reckoned at 10,000 florins of Hol-
land, and 1,000 horfe fhall be reckoned at 30,000 florins
of Holland by the month; the fame proportion being ob-
ſerved with respect to the fhips.
When the above-named fuccours fhall be found infuf-
ficient for the neceffity impending, the contracting powers
ſhall without delay agree on contributing more ample fup-
plies. And farter, in caſe of exigency, they fhall affift
their
( 215 )
their injured ally with all their forces, and declare war
againſt the aggreffor.
VIII. The princes and ftates upon whom the contrac-
ting powers fhall unanimously agree, may accede to this
treaty; and the King of Portugal by name.
This treaty fhall be approved and ratified by their Im-
perial, Britannic, and moft Chriftian Majefties, and by
the high and mighty Lords the States General of the
United Provinces, and the inftruments of ratification fhall
be exchanged at London, and reciprocally delivered with-
in two months, or fooner, if poſſible.
In witness whereof we the underwritten (being furniſhed
with full powers, which have been mutually communicat-
ed, and the copies whereof having been in due form by
us collated and examined with the originals, are word for
word inferted at the end of this inftrument) have fub-
fcribed this prefent treaty, and thereto put our feals. Done
at London the 22d of July O. S. in the year 1718.
2d of Aug. N. S.
(L. S.) Chrif. Penterridter (L.S.) W. Cant. (L. S.) Dubois.
ab Adelfbaufen.
(L. S.) Jo. Phil. Hoffman.
WF
(L. S.) Parker C.
(L. S.) Sunderland P.
(L. S.) Kingſton C. P. S.
(L. S.) Kent.
(L. S.) Holles Newcaſtle.
(L. S.) Bolton.
(L. S.) Roxburghe.
(L. S.) Berkeley.
(L. S.) J. Craggs.
F having feen and confidered the above-written
treaty, have approved, ratified, and confirmed, as
by theſe prefents we do, for us, our heirs, and fucceffors,
approve, ratify, and confirm the fame, in all and fingular
its articles and claufes, engaging and promifing upon our
royal word, fincerely and faithfully to perform all and.
fingular the contents of the faid treaty, and never to fuffer,
as far as in us les, any perfon to violate the fame, or in
any manner to act contrary thereunto. In witnefs where-
of, we have cauſed our great feal of Great Britain to be affix-
P 2
ed
216).
ed to theſe preſents, figned with our royal hand. Given
at our palace at Kenfington, the 7th day of Auguſt, in
the year of our Lord, 1718, and of our reign the fifth.
GEORGE.
SEPARATE and SECRET ARTICLES.
Art. 1. THEREAS the moſt ſerene and moft potent
King of Great Britain, and the moſt ſerene
and moſt potent the moft Chriftian King, as likewife the
high and mighty Lords the States General of the United
Netherlands, by virtue of the treaty between them this
day concluded and ſigned, have agreed on certain con-
ditions, whereby a peace inay be made between the moſt
ferene and moft potent Emperor of the Romans, and the
moft ferene and moft potent King of Spain, as alfo between
his facred Imperial Majefty aforefaid, and the King of
Sicily, (whom hereafter it is thought fit to call the King of
Sardinia) which conditions they have communicated to the
three Princes aforefaid, as a bafis of the peace to be eſta-
bliſhed between them. His facred Imperial Majeſty, be-
ing moved by the moft weighty reafons which induced the
King of Great Britain, the moft Chriftian King, and the
States General aforefaid, to take upon themſelves fo great
and fo wholeſome a work, and, yielding to their circum-
ſpect and urgent counfels and perfuafions, declares that he
doth accept the faid conditions or articles, none of them
excepted, as fixed and immutable conditions, according
to which he agrees to conclude a perpetual peace with the
King of Spain, and the King of Sardinia.
II. But becauſe the King of Spain and the King of Sar-
dinia have not yet confented to the faid conditions, his
Imperial Majefty, as likewife their royal Britannic and
moſt Chriſtian Majefties, and the States General aforefaid,
have agreed to allow them for confenting thereto, the space
of three months, to be computed from the day of figning
this prefent treaty, as judging this interval of time fufficient
for them duly to weigh the faid conditions, and finally de-
termine and declare themſelves whether they are willing to
accept them as fixed and immutable conditions of their
pacification with his Imperial Majefty, as from their piety
and
( 217 )
and prudence it may be hoped they will do, and, follow-
ing the example of his Imperial Majefty, that they will be
induced to moderate their paffions, and out of regard to
humanity, that they will prefer the public tranquillity to
their own private opinions; and at the fame time not only
fpare the effufion of their own people's blood, but avert
the calamities of war from the other nations of Europe:
to which end their Britannic and moſt Chriſtian Majefties,
and the States General of the United Netherlands, will
jointly and feparately contribute their moſt effectual offi-
ces, for inclining the faid Princes to fuch an acceptation.
III. But if, contrary to all expectation of the parties
above contracting, and the wiſhes of all Europe; the King
of Spain and the King of Sardinia, after the term of three
months elapfed, fhould decline to accept the faid conditions
of pacification propofed betwixt them and his Imperial
Majefty, fince it is not reaſonable that the tranquillity of
Europe fhould depend upon their refufal, or private de-
figns, their Britannic and moft Chriftian Majefties, and
the States General, do promiſe that they will join their
forces with thofe of his Imperial Majefty, in order to com-
pel them to the acceptance and execution of the aforefaid
conditions. To which end they will furnish his Imperial
Majefty, jointly and feparately, with the felf-fame fuccours
which they have agreed upon for their reciprocal defence
by the feventh article of the treaty figned this day, unani-
moufly confenting that the moft Chriftian King fhall, in-
ftead of foldiers contribute his quota in money. And if
the fuccours ſpecified in the faid feventh article fhall not
be fufficient for compaffing the end propofed, then the
four contracting parties fhall, without delay, agree of more
ample fuccours to be furn fhed to his Imperial Majefty,
and ſhall continue the fame till his Imperial Majefty fhall
have reduced the kingdom of Sicily, and till his kingdoms
and provinces in Italy fhall enjoy full fecurity. It is far-
ther agreed, and that in exprefs words, that if, by reaſon
of the fuccours which their Britannic and moft Chriftian
Majefties, and the Lords the States General fhall furniſh tọ
his Imperial Majefty, by virtue, and in execution of the
prefent treaty, the Kings of Spain and Sardinia, or either
of them, fhall declare and wage war against any one of the
P
faid
(218)
:
faid contractors, either by attacking them in their domi-
nions, or by violently detaining their fubjects or fhips,
their goods and merchandizes by fea or land, in that cafe
the two other of the contracting powers fhall immediately
declare war againſt the faid Kings of Spain and Sardinia,
or againſt him of the two Kings who fhall have denounc-
ed or waged war against any one of the faid contracting
powers; nor fhall they lay down their arms before the
Emperor ſhall be poffeffed of Sicily, and made fecure with
regard to his kingdoms and provinces in Italy, and like-
wife juft fatisfaction fhall be given to him of the three
contracting powers, who fhall have been invaded or fuf-
fered damage by reafon of the prefent treaty.
IV. When only one of the two Kings aforefaid who have
not yet confented to the conditions of peace to be made
with his Imperial Majefty fall accept them, he likewiſe
fhall join himſelf with the four contracting powers, to
compel him that ſhall refufe the fa'd conditions, and fhall
furniſh his quota of fuccours according to the diftribution.
to be made thereupon.
V. If the Catholic King out of regard to the public
good, and a perfuafion that an exchange of the kingdoms
of Sicily and Sardinia is neceffary for the maintenance of
the general peace, fhall agree thereto, and embrace the
conditions of peace to be made with the Emperor as above;
and on the other hand, if the King of Sardinia fhall reject
fuch an exchange, and perfift in retaining Sicily; in that
cafe the King of Spain fhall reftore Sardinia to the Em-
peror, who (faving his fupreme dominion over it) fhall
put the fame into the cuftody of the moſt ferene King of
Great Britain,and of the Lords the States General, for fo
long time, till Sicily being reduced, the King of Sardinia
fhall fign the above-mentioned conditions of a treaty with
the Emperor, and fhall agree to accept the kingdom of
Sardinia as an equivalent for the kingdom of Sicily; which
being done, he shall be admitted into the poffeffion there-
of by the King of Great Britain and the States General.
But if his Imperial Majefty fhould not be able to conquer
Sicily, and reduce it under his power, in that cafe the
King of Great Britain and the States General ſhall reſtore
to him the kingdom of Sardinia; and in the mean tiine
his
1
( 229 )
his Imperial Majeſty ſhall enjoy the revenues of the ſaid
kingdom, which fhall exceed the charge of keeping it.
VI. But in caſe the King of Sardinia fhall conſent to
the ſaid exchange, and the King of Spain ſhall refuſe, in
this cafe the Emperor, being aided by the fuccours of the
reft of the contractors, fhall attack Sardinia, with which
fuccours they on their part promife to furnish him; as the
Emperor promifes on his part, that he will not lay down
his arms till he fhall have poffeffed himfelf of the whole
kingdom of Sardinia, which immediately after fuch pof-
feffion he fhall give up to the King of Sardinia.
VII. But if both the Kings of Spain and Sardinia fhall
oppoſe the exchange of Sicily and Sardinia, the Emperor,
together with the fuccours of the allies, fhall, in the firſt
place attack Sicily, and having reduced it, he ſhall turn
his arms againſt Sardinia with fuch a number of forces,
befides the fuccours of the allies, as he fhall judge necef-
fary for both expeditions: and, having likewife reduced
Sardinia, his Imperial Majefty fhall commit the cuſtody
thereof to the King of Great Britain, and to the Lords the
States General, till the King of Sardinia fhall have figned
the conditions of peace to be made with the Emperor, and
ſhall confent to accept the kingdom of Sardinia as an equi-
valent for the kingdom of Sicily, which then is to be de-
livered up to him by his Britannic Majefty and the States
General, and in the mean time his Imperial Majefty fhall
enjoy the revenues of that kingdom, which fhall exceed
the charge of keeping it.
VIII. In cafe the Catholic King and the King of Sar-
dinia, or either of them, fhall refufe to accept and execute
the aboveſaid conditions of peace to them propofed, and
for that reafon the four contracting powers fhould be com-
pelled to proceed againſt them, or either of them, by open
force; it is expreſsly covenanted, that the Emperor (what
progrefs foever his arms may make againſt the ſaid two
Kings, or either of them,) fhall be content and ought to
acquiefce in the advantages, by mutual confent allotted to
him in the faid conditions, power nevertheleſs being re-
ferved to his Imperial Majefty, of recovering the rights
which he pretends to have over that part of the duchy.of
Milan, which the King of Sardinia now poffeffes, either
P 4
by
( 220 )
by war, or by a treaty of peace fubfequent opon fuch wars
power being likewife referved to the other three allies, in
cafe fuch a war fhould be undertaken against the Kings of
Spain and Sardinia, to agree with his Imperial Majeſty in
appointing fome other Prince, in whofe favour his Impe-
rial Majefty may difpofe of that part of the duchy of
Montferrat, now poffeffed by the King of Sardinia, in ex-
clufion of the faid King; and to what other Prince or
Princes he may, with the confent of the Empire, grant the
letters of expectative, containing the eventual inveftiture
of the ftates now poffeffed by the Grand Duke of Tufcany,
and by the Duke of Parma and Placentia, in exclufion of
the fons of the prefent Queen of Spain. This declaration
being added, that in no time or cafe whatfoever, either
his Imperial Majefty, or any Prince of the houſe of Au-
ftria, who fhall poffefs the kingdoms, dominions, and pro-
vinces of Italy, may affert or gain to himfelf the faid
duchies of Tufcany and Parma.
IX. But if his Imperial Majefty, after his efforts by a
fufficient number of forces, and the fuccours and other
means of the allies, and by ufing all convenient diligence,
ſhould not be able by arms to fubdue, or to eſtabliſh
himſelf in the poffeffion of Sicily, the contracting powers
do agree and declare, that his Imperial Majefty is, and
Thall be in that cafe, altogether free and difcharged from
every obligation entered into by this treaty, of agreeing
to make a peace with the Kings of Spain and Sardinia, on
the conditions abovementioned. All other the articles of
this treaty nevertheleſs to remain good, which mutually
regard his Imperial Majefty, their Britannic and moft
Chriftian Majefties, and the Lords the States General of
the United Netherlands.
X. However, as the fecurity and tranquillity of Europe
is the end and fcope of the renunciations to be made by his
Imperial Majefty, and by his Catholic Majefty, for them-
felves, their defcendants and fucceffors, of all pretenfions
to the kingdom of Spain, and the Indies on the one part;
and on the kinodems, dominions, and provinces of Ital✨,
and the Auri Netherlands, on the other part: the faid
renunciations ihall be made on the one and the other part,
in manner and form as in the fecond and fourth articles
of
221)
of the conditions of a peace to be made between his Im-
perial Majeſty and his Royal Catholic Majefty has been
agreed. And though the Catholic King fhould refuſe to
accept the aforefaid conditions, the Emperor nevertheleſs
fhall cauſe the inftruments of his renunciation to be dif
patched, the publication whereof fhall however be defer-
red till the day of figning the peace with the Catholic
King. And if the Catholic King fhould conftantly perſiſt
in rejecting the faid peace, his Imperial Majefty neverthe-
lefs, at the time when the ratifications of this treaty fhall
be exchanged, fhall deliver to the King of Great Britain a
folemn act of the faid renunciations, which his Britannic
Majefty, purſuant to the common agreement of the con-
tracting powers, doth promiſe fhall not be exhibited to
the moft Chriftian King before his Imperial Majefty fhall
come into the poffeffion of Sicily. But that being ob-
tained, then the exhibition, as well as publication of the
faid act of his Imperial Majefty's renunciations, ſhall be
performed upon the firft demand of the moſt Chriſtian
King. And thofe renunciations fhall take place, whether
the Catolic King fhall fign the peace with the Emperor
or no; by reaſon that, in this laſt cafe, the guarantee of
the contracting parties fhall be to the Emperor in lieu of
that fecurity which otherwife the renunciations of the Ca-
tholic King would have given to his Imperial Majeſty for
Sicily, the other states of Italy, and the provinces of the
Netherlands.
XI. His Imperial Majefty doth promife that he will not
attempt or enterpriſe any thing against the Catholic King,
or the King of Sardinia, or in general, against the neutra-
lity of Italy, in that space of three months allowed them
for accepting the conditions of their peace with the Em-
peror. But, if within the fpace of three months, the Ca-
tholic King, inftead of accepting the faid conditions, ſhall
rather perfift in the profecuting of his hoftilities against his
Imperial Majefty: or if the King of Sardinia fhould with
arms attack the provinces which the Emperor poffeffes in
Italy; in that cafe their Britannic and moft Chriftian
Majefties, and the Lords the States General, oblige them-
felves inftantly to furnish his Imperial Majefty for his
defence, with the fuccours, which, in virtue of the treaty
this
(222)
this day figned, they have mutually agreed to lend one
another for their reciprocal defence: and that jointly or
feparately, and without waiting the expiration of the two
months otherwife, prefixed in the faid treaty, for the em-
ploying of friendly offices. And if the fuccours ſpecified
by the faid treaty fhould not be fufficient for the end pro-
pofed, the four contracting parties fhall immediately agree
amongſt themſelves to fend more powerful affiftance to his
Imperial Majefty.
XII. The eleven foregoing articles are to be kept fe-
cret by his Imperial Majefty, their Britannic and moft
Chriſtian Majefties, and the States General, for the ſpace
of three months, from the day of the figning, unleſs it
thall be unanimoufly agreed by them to fhorten or pro-
long the faid term: and though the faid eleven articles bet
feparate from the treaty of alliance, this day figned by the
four contracting parties aforefaid, they fhall neverthelefs
have the fame power and force, as if they had been word
for word inferted therein, fince they are deemed to be an
effential part thereof.
The ratifications thereof fhall moreover be echanged
at the fame time, as the other articles of the faid treaty.
In witness whereof, we the underwritten, by virtue of
the full powers this day mutually exhibited, have ſubſcribed
theſe ſeparate articles, and thereto have affixed our feals.
Done at London the 22d of July, O. S. in the year 1718.
WE
zd of Aug. N. S.
Signed as before.
E having feen and confidered the feparate and fe-
cret articles above-written, have approved, rati-
fied, and confirmed, as by theſe prefents, we do for us,
our heirs and fucceffors, approve, ratify, and confirm the
fame, &c.
WH
GEORGE R.
SEPARATE ARTICLE. No. 1.
THEREAS the treaty this day made and figned be-
tween his Imperial Majefty, his Britannic Ma-
jefty, and his moſt Chriſtian Majefty, containing (as well
fuch
( 123 )
fuch conditions as have been thought moſt equitable and
proper for eſtabliſhing a peace betwixt the Emperor and
the Catholic King, and betwixt the faid Emperor and the
King of Sicily, as the conditions of an alliance made for
preferving the public peace between the faid contracting
powers) hath been communicated to the high and mighty
Lords the States General of the United Netherlands:
and whereas the ſeparate and fecret articles likewife figned
this day, and containing the meaſures which it has been
thought fit to take for putting the abovefaid treaty in ex-
ecution, are likewife fhortly to be propofed to the States.
General aforefaid. The inclination which that Republic
has thewn for reſtoring and eſtabliſhing the public tran-
quillity leaves no room of doubt but they will moft readily
accede thereto. The States General aforefaid are there-
fore by name inferted as contracting parties in the faid
treaty, in most certain hope that they will enter therein,
as foon as the ufual forms of their government will
allow.
But, if contrary to the hopes and wishes of the con-
tracting parties (which nevertheleſs is not in the leaft to be
fufpected) the faid Lords the States General ſhall not take
their refolution to accede to the faid treaty; it is expreſsly
agreed and covenanted between the faid contracting par-
ties, that the treaty abovementioned, and this day figned,
ſhall nevertheleſs have its effect among them, and ſhall in
all its claufes and articles be put in execution in the fame
manner as therein is fet forth, and the ratifications thereof
fhall be exhibited at the times above fpecified.
This ſeparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day
concluded and figned, and fhall be ratified in the fame
manner, and the inftruments of ratification fhall be deli-
vered within the fame time, with the treaty itſelf.
In witneſs whereof we the underwritten, by virtue of
the full powers this day mutually exhibited, have figned
this ſeparate article, and thereto have affixed our feals.
Done at London the 22d of July, O. S. in the year 1718.
ad of Aug. N. S.
Sigued as before.
SEPARATE
(224)
SEPARATE ARTICLE. No. 2.
UT if the Lords the States General of the United
Netherlands ſhould happen to think it too hard for
them to contribute their fhare of pay to the Swifs Can-
tons, for maintaining the garrifons of Leghorn, Porto-
Ferraro, Parma, and Placentia, according to the tenor of
the treaty of alliance this day concluded; it is exprefsly
provided by this feparate article, and agreed between the
four contracting powers, that in fuch cafe the Catholic
King may take upon him the faid fhare of the Lords the
States Generals.
This feparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day
concluded and figned, and fhall be ratified in the fame
manner, and the inftruments of ratification fhall be deli-
dered within the fame time, with the treaty itſelf.
In witness whereof we the underwritten, by virtue of
the full powers this day mutually exhibited, have figned
this ſeparate article, and thereto have affixed our feals,
Done at London the 22d of July, O. S. in the year 1718.
2d of Aug. N. S.
WHI
Signed as before.
No. 3.
SEPARATE ARTICLE.
HEREAS in the treaty of alliance this day to be
figned with his Imperial and Catholic Majefty, as
likewife in the conditions of peace mferted therein, their
facred royal Britannic, and moſt Chriſtian Majeſties, ard
the Lords the States General of the United Netherlands,
do ſtyle the prefent poffeffor of Spain and the Indies Catho-
lic King, and the Duke of Savoy, King of Sicily, or alfo
King of Sardinia: and whereas his facred Imperial and
Catholic Majefty cannot acknowledge thefe two Princes
as Kings, before they fhall have acceded to this treaty:
his facred Imperial and Catholic Majefty, by this feparate
article, which was figned before the treaty of alliance,
doth therefore declare and proteft, that by the titles there
either given or omitted, he doth not mean in the leaft to
prejudice
( 225 )
prejudice himſelf, of to grant or allow the titles of King to
the faid two Princes, only in hat cafe when they ſhall have
acceded to the treaty this day to be figned, and ſhall have
agreed to the conditions of peace fpecified therein.
This feparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day con-
cluded and figned, and fhall be ratified in the fame man-
ner, and the inftruments of ratification fhall be delivered
within the fame time, with the treaty ittelf.
In witneſs whereof, we the underwritten, by virtue of
the full powers this day mutually exhibited, have figned
this feparate article, and thereto have affixed our feals.
Done at London the 22d of July, O. S. in the year 1718.
WE
2d of Aug. N.S.
Signed as before.
SEPARATE ARTICLE. No. 4.
HEREAS fome of the titles, which his facred Im-
perial Majefty makes ufe of, either in his full
powers, or in the treaty of alliance this day to be
figned with him, cannot be acknowledged by his facred
royal moft Chiſtian Majefty; he doth declare and proteft
by this feparate article, which was figned before the treaty
of alliance, that by the faid titles given in this treaty, he
doth not mean to prejudice either himſelf or any other,
or that he in the leaft gives any right thereby to his Im-
perial Majeſty.
This feparate article fhall have the fame force as if it
had been word for word inferted in the treaty this day con-
cluded and figned, and fhall be ratified in the fame man-
ner, and the inftruments of ratification fhall be delivered
within the fame time, with the treaty itſelf.
In witneſs whereof, we the underwritten, by virtue of
the full powers this day mutually exhibited, have figned
this feparate article, and thereto have affixed our feals.
Done at London the 2nd of July, O. S. in the year 1718.
Signed as before.
Ratified as before.
2d of Aug. N. S.
The whole ratified also by the Emperor, and the King of
France.
The
(226)
The Act of Admiffion and Acceffion of the King of
Sardinia, &c.
HEREAS a certain treaty, and feparate and fecret
W articles, as likewife four other ſeparate articles re-
Warticles,
lating thereto, and all of them of the fame force with the
principal treaty, have been in due form concluded and
fignd, by the Minifters Plenipotentiaries of his Imperial
and Catholic Majefty, of his Britannic Majefty, and of his
moſt Chriſtian Majefty, at London the 22d day of July laſt paſt,
between the contracting parties abovementioned, the te-
nor of all which, word for word, here followeth.
Here were inferted,
The treaty.
Separate and fecret articles.
The four feparate articles.
2d day of Aug.
And whereas farther the then King of Sicily, whom it is
now agreed to call by the name of King of Sardinia, ac-
cording to the intention of the treaty and articles above
inferted, has been invited to accede fully and amply to
all and fingular of them, and to join himfelf in due form
to the contracting parties, as if he himself from the begin-
ning had been one of the contractors: and whereas the
faid King of Sardinia, having maturely weighed the condi-
tions particularly expreffed in the treaty and articles above
inferted, has not only declared himſelf willing to accept
the fame, and to approve them by his acceffion, but has
likewife granted fufficient full powers to his minifters ap-
pointed to perfect the faid work. That therefore an af-
fair fo beneficial may have the deſired fuccefs, we the un-
der-written Miniſters Plenipotentiaries of his Imperial and
Catholic Majefty, of his Britannic Majefty, and of his
moft Chriſtian Majefty, in the name and by the authority
of their faid Majefties, have admitted, joined and affociate,
and by theſe preſents do admit, join, and affociate, the
aforefaid King of Sardinia, into a full and total partnerſhip
of the treaty above inferted, and of all and fingular the
articles thereunto belonging; promifing by the fame au-
thority that their aforefaid Majefties, jointly and feparate-
ly,
( 227 )
ly, will entirely and exactly perform and fulfil to the faid
King of Sardinia, all and fingular the conditions, ceflions,
contracts, guarantees, and fecurities, contained and fet forth
in the treaty and articles above-mentioned; it being far-
ther provided, that all and fingular the things agreed upon
by the fecret articles againſt the ſaid King of Sardinia, ſhall
by this his prefent acceffion wholly ceafe, and be aboliſhed.
On the other hand alfo, we the underwritten minifters
plenipotentiaries of the King of Sardinia, by virtue of the
full power in due form exhibited and allowed, a copy
whereof is added at the end of this inftrument, do here-
by teſtify and promiſe in the name of the faid King, that
our king and maſter aforefaid doth accede fully and amply
to the treaty, and to all and fingular the articles therein
above inferted. That by this folemn acceffion he doth
join himfelf, to the contracting parties abovefaid, as if he
himſelf from the beginning had been a party contracting:
and that by virtue of this act his faid Majefty the King of
Sardinia doth mutually oblige and bind himſelf, both for
himſelf, his heirs and fucceffors, to his Imperial and Ca-
tholic Majefty, to his Britannic Majefty, and to his moſt
Chriſtian Majefty, and to their heirs and fucceffors jointly
and ſeparately, that he will obferve, perform, and fulfil,
all and fingular the conditions, ceffions, contracts, guaran-
tees, and fecurities, in the abovewritten treaties and ar-
ticles expreffed and fet forth, towards all of them jointly,
and each of them feparately, with the fame faith and con-
ſcience, as if he had been a contracting party from the be-
ginning, and had made, concluded, and figned, jointly
or feparately, the fame conditions, ceffions, contracts, gua-
rantees and fecurities, with his Imperial and Catholic
Majefty, his Britannic Majefty, and his moft Chriftian
Majefty.
This inftrument of the admiffion and acceffion of the
faid King of Sardinia fhall be ratified by all the contrac-
ting parties, and the ratifications made out in due form
fhall be exchanged and mutually delivered at London
within the ſpace of two months, or fooner if poffible, to
be reckoned from the day of the figning.
In witneſs whereof we, the plenipotentiaries of the par-
ties contracting, being on every part furniſhed with fuffi-
cient
(228)
"}
cient powers, have figned theſe prefents with our hands,
and thereto have put our feals. Namely, the Plenipoten-
tiaries of his Imperial and Catholic Majefty, of his Bri-
tannic Majefty, of his Majefty the King of Sardinia, at
London the 28th day of Oct. and the Plenipotentiary of his
8th day of Nov.
moſt Chriſtian Majefty at Paris, the
vember, in the year 1718.
(L. S.) C. Provana:
(L. S.) C. de la Perroufe.
(L. S.) Chrif. Penterridter. (L. S.) Parker C.
ab Adelfbaufen.
(L. S.) Jo. Phil. Hoffman.
day of No-
(L. S.) Sunderland P.
(L. S.) Kent.
(L. S.) Holles Newcastle.
(L. S.). Bolton.
(L. S.) Roxburghe.
(L. S.) Stanhope.
(L. S.) J. Craggs.
Convention between Charles VI. Emperor of the Romans,
and Catholic King of Spain, George King of Great Bri-
tain, and the Lords the States General of the United
Provinces, relating to the execution of certain Articles and
Points of the Barrier Treaty, concluded on the 15th of
November, 1715. Signed at the Hague, the 22d of
December, 1718.
SON
SOME of the articles of the barrier treaty, concluded
on the 15th of November, 1715, between his Impe-
rial and Catholic Majefty, his Majefty the King of Great
Britain, and the Lords the States General of the United
Provinces, being impoffible to be performed, by reaſon
of certain difficulties that have occurred; and his Majefty
the King of Great Britain, and their High Mightineffes, be-
ing alike defirous to remove thofe difficulties by the moſt
agreeable methods, in order to attain to the view propoſed
by the faid treaty, and the better to eſtabliſh the founda-
tions of a folid friendfhip and a good underſtanding, to
which all the parties are inclined, his Imperial and Catho-
lie
·
( 229 )
lic Majefty, his Majefty the King of Great Britain, and
their High Mightineffes have nominated and appointed to
treat thereof, viz. his Imperial and Catholic Majesty,
the Sieur Hercules Jofeph Lewis Turenetti, Marquis de
Prie & de Pancalier, Count de Mittelevurg & de Caftil-
lon, Lord de St. Servolo & Caftelnovo in Carniola, of Fri-
daw & Rabonftein in Auftria, of Schiurge Belvar & St.
Miclos in Hungary, a Grandee of Spain, Knight of the or-
der of the Annunciadi, Privy Counſellor of his Imperial
and Catholic Majefty, his Minifter Plenipotentiary for the
government of the Netherlands, and his Ambaffador Pleni-
potentiary, for concluding and figning this prefent treaty,
for the execution of the treaty of the barrier: his Britan-
nic Majeſty, William Earl Cadogan, Viſcount Caverlham,
Baron of Reading and Oakley, General of the Foot, Colo-
nel of the 2d regiment of foot guards, Governor of the
Iſle of Wight, Maſter of the Wardrobe, Privy Counſellor,
Knight of the moſt noble and moſt antient order of St. An-
drew, and his Ambaffador Extraordinary and Plenipotenti-
ary to the Lords the States General of the United Pro-
vinces and their High Mightineffes, the Sieurs John van
Wynbergen, Lord of Glinthorst, of the body of the nobles
of the quarter of Veluwe, in the province of Guelderland;
Wigbolt vander Does, Lord of Nortwyck, of the order of
the nobility of Holland and Weft Frielland, High Bailiff
and Dykegrave of Rhynland; Anthony Heinfius, Counſellor
Penfionary, Keeper of the Great Seal, and Superintendant of
the Fiefts of the Province of Holland and Weftfriefland;
Adrian Velters, late Echevin, fenator and penfionary of
the town of Middleburg in Zealand; Gerard Godart Taats
van Amerongen, Canon of the Chapter of St. John at
Utrecht, Affeffor in the Council of Subfidies, conftituting
the Chief Member of the States of the province of Utrecht,
Grand Huntſman of the faid province, and Affeffor in the
Council of the Heemrades of the river of Leck; Dancker
de Kempenaar, Senator of the town of Harlingen, in-Frief-
land, Everard Roufe, Burgomaker of Deventer in Ove-
ryffel; and Eger Tamminga, Lord in Zeeryp, ‚„Enum
Leerumus and Zandt, all refpectively Deputies in our Al-
fembly on the part of the States of Guelderland, Helland,
and Weſt Frieſland, Overyffel and Groningen, and the Om-
VOL. II.
melands;
2
(230)
melands; who by virtue of their respective full powers, af-
ter having held feveral conferences together, have agreed
as follows:
I. Whereas feveral difficulties have arifen with reſpect
to the 17th article of the faid treaty of Barrier, which
relates to the fecurity of the frontiers, and the extending
of the limits of their High Mightineffes in Flanders, from
whence inconveniencies may arife, which all the parties are
defirous to prevent, it is agreed to fubftitute the prefent
article in the place of the ſaid 17th article.
His Imperial and Catholic Majefty agrees and ap-
proves, that for the future the boundaries of the States
General in Flanders fhall begin at the fea to the N. W. of
the fort of St. Paul, now demoliſhed, which his Majeſty
yields to them together with ten rods of land, each rod
confifting of 14 feet round the ditch of the counterfcarp,
to the weſt and fouth fides; and a ſtraight line fhall be drawn
from the dyke which is to the fouth of the ſaid fort, marked
by the letter A on the map which has been formed and
figned by all the parties, through the polder called Hafe-
gras, as far as where it joins to the dyke of Crommendyke,"
marked B, paffing along by a ditch on the weft fide of the
faid demolished dyke, and from thence to the canal called
Neeuwgedhelft marked C, and from thence to the Neeuw-
gedhelft Dryhoeck marked C; from whence the new li-
mits fhall run along a watercourſe and ditch, marked E,
as far as to the line marked F, which watercourfe and
ditch ſhall remain to his Majesty. From the letter F they
ſhall be continued along the faid line beyond the toll-houſe
of his Imperial and Catholic Majefty, marked G, in an
angle where it fhall enter the dyke again, and run through
the little polder level with a ditch as far as the waterfall of
the black fluice, and continued on the top of a redoubt
or traverſe, which is upon the dyke beyond the two canals
of Saute and Soute, marked H, near the fort of St. Do-
nat, which his Imperial and Catholic Majefty yields in
full fovereignty and propriety to the States General, toge-
ther with the fovereignty of the land fituate to the north of
the line, marked as above; provided that the gates of the
fluices of the faid fort be, and continue taken down in
time of peace, and that the proprietors be permitted to fink
the
( 231 )
the thresholds level with that of the black fluice, and to in-
ſpect them as often as they think neceffary, to the end that
in time of peace the water may always have a free current
to the fea.
From the faid poft the new limits fhall return back
along the foot of the dyke, towards the polder, called the
World's End, and from thence along the fea dyke, as it is
fet down in the map, as far as the antient boundaries, to
the cut in the dyke, which clofes the creek of Lapfchure,
marked I; and the land on the north fide of the line fhall
belong to their High Mightineffes in fovereignty.
From thence the old limits fhall be continued as far as
the Barbara polder, at which place the new limits fhall
enter and begin at the foot of the dyke running along.
that polder, and the Lauraine polder, to the long ſtreet
marked K; and from thence in a ſtraight line along the faid
ſtreet to the dyke which goes from Bouckhoute, to the
harbour of Bouckhoute, marked L; and from thence
they ſhall enter into the Chapel polder, and continue in
a ftraight line to an angle of the Grafjanfdyke, marked
M; and from thence along the dyke as far as the Red
polder.
His Imperial and Catholic Majefty yields to their High
Mightineffes in full fovereignty the Barbary polder, Lau-
raine polder, Chapel polder, and the Red polder, except
what is reſerved by the line above drawn in the Chapel
and the Lauraine polders, which fhall remain to his Impe-
rial and Catholic Majefty.
Their High Mightineffes permit the owners of the
fluices of Bouckhoute to replace them where they were
before, and that the faid fluices may have their currents
directly to the fea, as they had before the late war.
Their High Mightineffes fhall be permitted in time of
war, when it is neceffary for the defence and fecurity of
their frontiers, to occupy and fortify the neceffary pofts in
the Grafjanſdyke and Zydlingfdyke.
As to the towns of Sas van Ghent, the limits fhall be ex-
tended to the distance of two-thirds of two geometrical
miles round the town, beginning at the angles of the baf-
tions, which hall terminate on the fide towards Zelfate,
Q 2
25
( 232 )
at the point of the antient limits on the bank of the canal
of the Sas.
And for the prefervation of the lower Schelde, and for
the fake of the communication between Dutch Brabant
and Flanders, his Imperial and Catholic Majefty gives up
to the States General the full and entire fovereignty of the
village and polder of Doel, as alfo of the polders of St.
Anne and Keteniffe; provided nevertheleſs that the ter-
ritory of their High Might ineffes fhall not extend between
the forts of the Pearl and Liefkenfhoeck, farther than the
midway between the two forts.
His Imperial and Catholic Majefty, as foon as the bar-
rier fhall be attacked, or a war begun, fhall deliver up the
guard of fort Pearl to their High Mightineffes; on con-
dition neverthelefs, that as foon as fuch war is at an end,
they shall reſtore the faid fort Pearl to his Imperial and
Catholic Majefty, together with the pofts they fhall have
in that time taken poffeffion of, on the Grafjanfdyke and
Zydlingfdyke.
Their High Mightineffes promife moreover, that if upon
occafion of giving up to them fome fluices, (whereof the in-
habitants of the Auftrian Flanders fhall retain the free uſe in
time of peace) they fhould fuffer any damage or prejudice,
either from the commanders or other military officers, the
States General will not only remedy it immediately, but
likewife make fatisfaction to thofe concerned.
And becaufe, from this new fituation of the limits,
there will be a neceffity of changing the toll-houfes to pre-
vent frauds, wherein his Imperial and Catholic Majeſty
and their High Mightineffes are equally interefted; other
places for eſtabliſhing the faid toll-houtes fhall be agreed
on, as well as the farther precautions that it fhall be thought.
convenient to take.
It fhall moreover be ftipulated, that a juſt valuation.
ſhall be made, in three months time, of the revenues which
the fovereign receives from the lands that fhall be yielded
up to their High Mightineffes by this article; as alfo what
have arisen to the fovereign by the renewing of the grants on
the foot they have been agreed to for thirty years paſt, to be
deducted and ſtruck off from the annual fubfidy of 500,000
crowns; but the payment of the faid fubfidy fhall not be re-
tarded
(233)
tarded by reaſon of the faid valuation, which lands fhall
not be charged with any taxes more than what they now
contribute in the public affeffments, according to the rate
they are valued at.
The Roman Catholic religion fhall be preferved and
maintained in the places abovementioned, in the fame
manner and with the fame freedom of public exerciſe as
now; and to the fame extent as this freedom was ftipulated
by the 18th article of the barrier treaty.
The proprietors of the lands and other eſtates ſituate
within the limits of the faid ceffion, fhall retain the enjoy-
ment of the fame, in full poffeffion and propriety, with all
the prerogatives and rights thereunto annexed, none referved
nor excepted; and fhall moreover be continued particular
lords of the faid lands and eftates, and maintained in the
peaceful propriety and poffeffion of the jurifdictions apper-
taiming to them, in all the degrees of high, mean, and low
jurifdiction as they have enjoyed the fame hitherto.
The fort of Rodenhuyfen fhall be demolished, and the
diſputes touching the canal of Bruges fhall be referred to
the decifion of neutral arbitrators, to be chofen on both
fides; provided nevertheless, that by giving up of the fort
of St. Donat, thofe of the town of Sluys fhall not have
more right upon that canal than they had before this ceflion.
In confequence of the ceflions included in this article,
their High Might ineffes defift their pretentions to all other
lands and places which were yielded to them by the 17th
article of the barrier treaty, which fhall remain as they
did before under the dominion of his Imperial' and Catho-
lic Majeſty.'
II. Whereas his Imperial and Catholic Majefty pro-
miſed by the 19th article of the barrier treaty, to cauſe to
be paid to the States General the Sum of 500,000 crowns
a year, amounting to 1,250,000 florins of Holland, at the
terms ſpecified by the faid treaty, in confideration of the
great charges and extraordinary expences to which the
Lords the States General are indifpenfably obliged as well
for maintaining the great number of troops which they
are obliged by the faid treaty to keep in the towns and
places of the faid barrier, as for fupporting the gre it charge
abfolutely neceffary for the maintenance and reparation of
M
Q3
the
(234)
the fortification of the faid places, and for fupplying them
with ammunition and provifions.
And his Majesty defires that his promife may be punc-
tually executed according to the tenor of the faid 19th ar-
ticle, having for that end fhewn their High Might ineffes the
difficulties and inconveniences that might arife in the per-
formance of the faid article, as alfo of the ſeparate article
of the faid treaty, with regard to the affignment made upon
the fubfidies of the province of Brabant and Flanders, and
the quarters, diftricts and chatellanies therein mentioned,
for the fum of 640,000 florins of Holland.
His Imperial and Catholic Majefty and the Lords the
States General have agreed upon another reparation, and
upon another ſpecial mortgage, which ſhall be ſubſtituted
in the place of the faid mortgages and affignments, upon
the fubfidies of the provinces of Brabant aad Flanders,
over and above the general mortgage upon all the reve-
nues of the Auftrian Netherlands ftipulated by the ſaid
treaty.
Namely, that his Imperial and Catholic Majefty, for
the better fecuring and facilitating the payment of the faid
fubfidy of 500,000 crowns, or 1,250,00 florins Dutch
money per annum, affigns a fum of 700,000 florins, or
290,000 crowns, in lieu of the fum of 610,000 florins af-
feffed upon the countries, cities, chatellanies, and depen-
dencies, made over again by France, the revenues of which
conſiſts in the aids and fubfidies payable by the ſaid towns
and chatellanies, in the duties of the four members of Flan-
ders, and other duties of domains, in that called the four
Patars par Bonnier, and other taxes for the fortifications,
the ransom of thofe called Contines Militaries, and in the
emoluments and other gratuities, which were paid at the
time that the faid towns and chatellanies were in the power
of France, to the intendants, governors, and other officers
on the eſtabliſhment in the places: and that he does this
for all the duties and impofts in general, which their High
Mightineffes have enjoyed hitherto in the whole or in part,
without any exception whatfoever.
On condition that no diminution or alteration be made
in them to the prejudice of the faid Mortgage,
The
(235)
The awarding of the farm of the faid duties of the four
members of Flanders fhall be made in public to the high-
eft bidders; provided nevertheless, that in cafe of infol-
vency of the farmers and their fecurities, his Imperial and
Catholic Majefty fhall make good the deficiency out of
the other branches and revenues of the towns and cha-
tellanies abovementioned, or out of his demefnes in the
other Auftrian Netherlands, as far as amounts to the fum
of 700,000 florins a year.
And when any abatement is folicited,. by which the re-
venues of the faid farm, or of the aids and other duties.
and impoſts above fpecified, may not be fufficient to pro-
duce the entire fum of 700,000 florins, it fhall not be
granted till provifion be made for the faid abatement, in
fome other fufficient way to their fatisfaction.
His Imperial and Catholic Majefty affigns and makes
over the remaining 550,000 florins of Holland, or
220,000 crowns upon all the revenues of the tolls
abovementioned, arifing from the duties of importation
and exportation paid in the Auftrian Netherlands, which
are only engaged by way of fubfidy to their High Migh-
tineffes for their levies of Money on feveral occafions,
or for annuities in the country, and the like certain
charges.
Namely, the toll-houfes of Bruffels, Burgherout, Tir-
lement, Charleroy, Mons, Aeth, Beaumont, Courtray,
Ypres, Tournay, Newport, of the province of Luxem-
burg, and that of Mechlin, fhall generally and feverally
be mortgaged for the faid fum of 550,000 florins.
And for the better fecurity and payment of the faid
fum his Majefty engages, by the way of a fubfidiary and
fupplemental fund, the fum of 250,000 Dutch forins
per annum, out of the first and cleareft revenue from the
duties of import and export of Ghent, Bruges, and Oſtend;
promifing that they fhall be entirely paid in five years,
out of what remains in arrear of the principal and in-
tereſt of 1,040,600 florins, which were raiſed upon thoſe
three toll-houſes in 1710.
His Majefty likewife promifes that no alteration fhall
be made in the duties of import and export, which may
Q4
leffen
(236)
1
Jeffen the revenue thereof to the prejudice of the mort-
gage.
And if his Majefty in procefs of time judges it neceffary
to make any alteration in the levy of the faid duties, by
which they may happen to be diminished, fuch alteration
fhall not be eſtabliſhed till a fufficient fund is appropri-
ated to make good ſuch deficiency.
His Imperial and Catholic Majeſty doth by this con-
vention command the receiver general of his Majefty's
finances, and him that fhall be eſtabliſhed to profide in
chief in the countries made over again, that by virtue of
thefe prefents, and according to a copy hereof, they pay
every three months, computing from the first of this in-
flant December, 1718, to the receiver general of the States
General in thofe countries that are made over again, in
fuch coin, or fuch money as is received at the toll-houfes
and at his Majefty's general receiving office, an exac
quarter part of the fum of 280,000 crowns, or 700,000
Dutch florins; and to the receiver general of his ma-
jeſty's finances in the city of Antwerp, to pay alfo an ex-
at fourth part of the remaining fum of 550,000 florins, or
220,000 crowns, without flaying for any other order or aſ-
fignment; thefe prefents being to ferve inftead of an order
or affignment, both now and hereafter, the faid payments
fhall be allowed them in their account with his Imperial
and Catholic Majefty, as much as if they had made them
to himſelf.
As for the arrears of the faid fubidy of 500,000 crowns,
or 1,250,000 florins of Holland per annum, to have ac-
crued from the 15th of November 1715, the day on which
the barrier treaty was figned, on the laſt day of November
laft, it is agreed, for avoiding all manner of difpute touch-
ing the produce in that time, of the revenues of the towns.
and chatellanies made over again by France, which have
not amounted to above 300,000 crowns per annum, all
charges deducted, as their High Migtineffes have fhewn
by eflimates thereof, which they have caufed to be drawn
up and communicated, and which have been examined by
one of the commiffioners of his Imperial and Catholic
Majefty's finances, and alfo for putting an end to the dif
putes that have arifen on account of the non-performance
of
}
(237
( 237 )
of certain articles of the faid treaty, with regard to the
pay of the faid arrears of the 15th of November 1715,
to the first of January, 1718, which on the part of the
States are caft up at above 400,000 crowns; their High
Mightineffes will be content to take for all thefe arrears,
from the 15th of November 1715, to the faid firſt of Ja-
nuary 1718, 200,000 crowns, or 500,000 florins of Hol
land, parable by 20,000 crowns a year, till the fum total
is difcharged; provided that the entire fubfidy be paid to
them from the beginning of the prefent year, in manner
following.
Namely, that the arrears of the first eight months of the
prefent year, amounting, to the fum of 333,333 florins,
fix ious, eight deniers of Holland money fhall be paid
in the fame manner by 20,000 crowns a year
in part of
pay-
ment, as is aforefaid, immediately after the payment of
the faid arrears of the preceding years.
For fecuring the payment of both the one and the other,
his Imperial and Catholic Majefty engages, and makes
over by way of ſpecial mortgage, the duties of import and
export of the toll houfes of Ghent, Bruges, and Oftend,
over and above, and without prejudice to the fubfidiary
engagement of the faid toll-houſes for the fum of 250,000
Dutch florins a year, ftipulated by the prefent convention.
For the greater fecurity whereof, the adminiftrators ge-
neral of the duties of import and export, fhall, by the
bond which they give for the yearly payment of 550,000
Dutch florins, during the fix years of their adminiſtration,
charge themſelves with the payment of the fix firſt portions
or terms of the faid arrears; and after the expiration of
the term of their contract, or receipt, the reft fhall be paid
by quarter parts by the new adminiftrators, or by thofe
who thall then have the regio and receipt of the faid du-
ties at Ghent, Bruges, and Oftend, after the manner and
under the engagements ftipulated for fecuring the payment
of the 550,000 florins.
The furplus, or the three months remaining of the ar-
rears of the prefent year, amounting to the fum of 125,000
Dutch florins fhall be paid in 1720; his Imperial and Ca-
tholic Majefty particularly appropriating for the payment
thereof,
(238)
thereof, the revenue of the towns and chatellanies made
over again by France, over and above, and without pre-
judice to the appropriation of the 700,000 florins a year,
made by this convention.
Their High Might ineffes fhall enjoy the revenues of the
countries made over again to the laft day of laft November,
and ſhall be at liberty to proceed by way of execution
for the recovery of the arrears of the revenues of the
faid towns and chatellanies, that are and may become due
to the laſt day of laſt November; and for this purpoſe to
make uſe of the fame methods of execution againſt the
States (the ecclefiaftics excepted) magiftrates, towns and
chatellanies, farmers and others as they have ftipulated
for the recovery of the 700,000 florins a year, affigned
upon the faid revenues, and may alfo make ufe of the fame
method with regard to the 125,000 florins which are made.
over to them, conformably to the foregoing article.
And whereas his faid Majefty has put his duties of im-
port and export into adminiftration and direction, and
bound the adminiftrators general or directors of the faid
duties, to pay a fixed fum yearly for the improvement of
his Majeſty's finances; the adminiftrators general or direc-
tors of the faid duties, fhall enter into an obligation, under
a voluntary condemnation, which fhall be decreed by the
grand council of Mechlin, and by thoſe of Brabant and
Flanders, to pay every three months during the time of
their adminiſtration the faid fourth part of the fum of
550,000 florins of Holland, to the receiver general of the
United Provinces, or his order, as is faid: and the pre-
fent article ſhall fuffice for the difcharge of the ſaid admi-
niſtrators or directors, with the acquittance of the faid re-
ceiver general of the United Provinces.
The faid adminiftrators general, or directors, fhall oblige
themſelves by the fame act, to pay off, by equal payments
in five years, what remains to be paid to the States Gene-
ral of the faid 1,040,625 florins, raifed in 1710 upon the
toll-houſes of Ghent, Bruges, and Oftend, with the in-
tereſts that ſhall accrue every year; to the end, that when
the five years are expired, the faid toll-houfes may be en-
tirely difcharged from the faid levy.
And
(239)
And on the failure of the payment, after the manner
above ftipulated, as well of the fums of the fubfidy of
500,000 crowns, or 1,250,000 Dutch florins, as of the
faid money raiſed upon the toll-houfes, the Lords the
States General may proceed to methods of compulfion and
execution even by way of violence against the receiver
general of his Majefty's finances, and against the receiver
of the countries yielded back again, who fhall be both re-
ſponſible and liable to an execution, for the particular and
fubaltern receivers of the funds affigned to their reſpective
provinces; if either the receivers general, or the others,
divert any part of their general or particular receipt to
the prejudice of what is contained in the prefent conven-
tion: provided however, that this article fhall not take place
againſt the receiver general of the finances, but in cafe of
the management of the duties of import and export.
His Majefty grants the fame power to bring an excou-
tion, as well againſt the toll-houſes, engaged previouſly by
fpecial mortgage, as against the toll-houfes engaged fub-
fidiarily on failure of the former, and againſt the funds of
the ſaid country made over again, as alſo againſt the States
except the ecclefiafties, and againſt the magiftrates of
the towns and chatellanies of the faid country, yielded back
again, if they make any fcruple or too long delays in af
feffing and furniſhing the impofts, which they are obliged
to raiſe for his Imperial and Catholic Majefty.
And this execution againſt the faid States, excepting the
clergy, and againſt the faid magiftrates, fhall be made in
the name, and on the part of his Majefty, and in the
ufual manner; his Majefty for this end authorifing the go-
vernors of the barrier towns who have taken an oath to him,
and fubjecting the faid States thereto, (except the clergy)
and the faid magiftrates, by virtue of the prefent conven-
tion, as well as the faid funds, as thoſe were fubjected to it
which were fpecially mortgaged and affigned for the re-
ſpective fums of the faid fubfidy by the 19th article, and
the feparate article of the barrier treaty.
The officers of juftice,, to whom it fhall appertain
fhall be obliged to give the neceffary affiftance of their of
fice, when thoſe who bring the writs that fhall be ordered
and iffued in favour of their High Mightineffes, againſt the
$
admi-
( 240 )
>
adminiftrators of his Majeſty's duties of import and export,
as well as against their aflociates, fhall have recourſe to
them, in order to proceed to the execution of the faid
writs, according to the received ufage of the tribunals
from whence they are difpatched; in the fame manner
as they are uſed to execute the fentences which the na-
tives and other inhabitants of the Auftrian Netherlands
obtain there. And as to the States of the Netherlands
yielded back again, (the ecclefiaftics excepted) magi-
ftrates, toll-houfes and funds, execution may be iffued
against them in the manner as is agreed by the barrier treaty.
And finally, befides the order which fhall be given
by his Majefty to the governor general of the Auſtrian
Netherlands, the prefent convention fhall ferve inſtead of
a fpecial and irrevocable order and inftruction, for him
and his future fucceffors, in purſuance of which they ſhall
perform and caufe to be performed what is ftipulated by
the prefent convention; and are exprefsly forbid not to
divert, or fuffer to be diverted by the council of ſtate and
the finances, by the director general of the finances,
or by any other perfon whatfoever, any fum of the
revenues abovementioned of the faid towns and cha-
tellanies, nor of the faid adminiftration, management and
receipt of the duties of import and export, for any occafion
whatsoever, though never fo material and urgent, unleſs
of what fhall remain after the payment of the faid quar-
ters; which payment fhall not be retarded, much lefs re-
fufed under colour of compenfations, liquidations, or
other pretences of what name or nature foever they be:
in confequence of which, their High Mightineffes the
States General renounce, and entirely give up, by virtue
of the prefent convention, every action and mortgage
which had been ftipulated by the 19th article of the bar-
rier treaty, and its feparate article, against the provinces
of Brabant and Flanders, their jurifdictions, chatellanies,
the feven quarters of Antwerp, and againft the States and
receivers of the provinces.
III. The arrears due of the intereft of the fums raiſed
upon the revenue of the pofts in the Auftrian Nether-
lands being very confiderable, his Imperial and Catholic
Majefty promifes and engages to remedy it, by caufing
entire
( 241 )
241)
entire payment to be made both of the intereft and principal
as foon as poffible; and till this is performed, his Imperial
and Catholic Majefty will give very ftrict orders that the
revenue of the pofts may be employed conformably to the
bonds, and that no part of it be diverted to the prejudice
of their contents.
IV. The Lords the States General having made con-
fiderable advances towards paying off the intereft of the
monies levied, as ſpecified in the barrier treaty, it has been
agreed and concluded, that the fum of 705,011 florins, 18
fous and 10 deniers, which his Chtholic Majefty owes to
their High Mightineffes, according to the liquidation fet-
tled on this day the 22d of December 1718, ſhall be paid
off by equal portions of 20,000 crowns or 50,000 Dutch
florins a year, to commence immediately after the fix years
of the preſent general adminiftration of the duties of import
and export; his Imperial and Catholic Majefty engaging
the faid duties in Flanders as they are now raifed, and as
they ſhall continue to be raiſed after the end of the faid
general adminiſtration, for paying off the faid fum of
705,011 florins, 18 fous and 18 deniers, by way of ſpecial
mortgage and till the fame is effectually paid off, he fhall
caufe interelt to be paid for the faid fum, or that part of it
which ſhall remain unpaid, at the rate of two and a half
per cent. per annum.
In order to facilitate the payment of the faid intereſt of
two and a half per cent. per annum, their High Mighti
neffes confent that it be compared by the double canon
of 800,000 florins per annum, raifed upon the revenues
of the province of Namur, and fubfidiarily upon thoſe of
the mayoralty and province of Luxemburgh; on condition
that the faid double canon be continued proportionably to
the time that the reimburſement of the faid 800,000 fo
rins ſhall be retarded by the faid diminution.
V. To put an end to the differences touching the artil
lery and the magazines of war, and particularly concern-
ing the propriety of thofe of Venlo, St. Michael and Ste-
venſwaert, places yielded to the States General by the
treaty of barrier, his Imperial and Catholic Majefty
gives up all claim to the faid artillery and magazines, ora
condition that their High Mightineffes recede, as they do.
by
( 242 )
by the prefent convention, from the demand of the money
due to them, in purfuance of the act paffed at Antwerp
the 30th of January 1716, by the Count de Konigsegg,
Plenipotentiary of his Imperial and Catholic Majefty took
for the powder, ball, and other ammunition which the
commiffioners of his Imperial and Catholic Majefty
took for his accompt, agreeable to the faid act, and to
lifts figned by the laid commiffioners, which amount in
value to above 100,000 florins: but his Imperial and Ca-
tholic Majeſty makes no claim on account of the powder
and ammunition belonging to France, which was found
at the reduction of Antwerp, Mechlin, Ghent, and other
places of the Auſtrian Netherlands.
VI. The States General immediately after the exchange
of the ratifications of the prefent convention, fhall remit
to his Imperial and Catholic Majefty the poffeffion and
enjoyment of all the towns, chatellanies, diftricts and ju-
riklictions made over again by France, according to the
tenor of the first article of the barrier treaty. And his
Imperial and Cathalic Majefty fhall likewife remit to
their High Might ineffes, immediately after the exchange
of the faid ratifications, the poffeffion of the land and pol-
dlers which he has yielded to them in Flanders by the firſt
article of this convention.
VII. The barrier treaty, and its feparate article of the
15th of November 1715, fhall be confirmed by theſe pre-
ients, in all and every of its articles.
VIII. Forafmuch as for the greater fecurity and better
performance of the barrier treaty, his Britannic Majesty
has confirmed and guarantied the faid treaty, fo his faid
Majeſty doth promife and engage to confirm and gua-
rantee the prefent convention, as he doth confirm and
guarantee it by this article.
IX. The preſent treaty fhall be ratified and approved
by his Imperial and Catholic Majesty, by his Britannic
Majefty, and by the Lords the States General of the
United Provinces, and the ratifications fhall be exchanged
in fix weeks, or fooner if poffible, after the day of its
being figned.
In witneſs whereof, we the Ambaſſadors and Plenipo-
tentiaries of his Imperial and Catholic Majefty, and of
his
( 243 )
his Britannic Majefty, and the Deputies and Plenipoten-
tiaries of the Lords the States General, by virtue of our
reſpective powers, have in their names figned theſe prefents,
and thereto fet the feals of our arms. Done at the Hague,
the 22d of December, 1718..
(L. S.) The M. de Prie.
(L. S.) Cadogan.
(L. S.) J. B. v. Wynbergen.
(L. S.) W. Vandor Does.
(L. S.) A. Heinfius
(L. S.) G. G. Taets van Amerongen,
(L. S.) D. D. Kempenaer.
(L. S.) Everard Roufe.
(L. S.) E. Tamminga.
I I
21
{
J
Treaty of Peace between George King of Great Britain, as
Elector and Duke of Bruniwick, and Ulrica Eleonora,
Queen of Sweden; by which, in Purſuance of the Pre-
liminary Treaty, concluded July 1719, the Duchies of
Bremen and Verden are yielded to the faid King as
Elector and Duke of Brunſwick, with the fame Prero-
gatives and Titles as the Crown of Sweden poffeffed them,
by the Peace of Weftphalia.
PARTICULARLY,
Including therein, the Right of Voice and Seffion in the
Diets of the Empire and Director/hip of the Circle of
Lower Saxony, and the Rights to the Cathedral Chap-
ter of Hamburg, and that of Bremen; as alfo the Pro-
priety of the Town of Wilfhaufen, with its Bailwick
beld beretofore by the Duke of Brunſwick as a Pledge.
In Exchange whereof, the King, Elector, and Duke pro-
miſeth her Swediſh Majesty, to cauſe a Million of Crowns
in Money of Leipfick, to be paid to her at three Terms,
to maintain the Subjects and Inhabitants in all their
Rights, Liberties, and Privileges, as well with Regard to
Religion, as in other Refpects, and to procure favourable
Justice to be done according to the Promiſes of the late
King
244)
1
King Charles XII. to those who shall appear to have
been aggrieved in the great and genernl Reduction, which
was made beretofore. The King alfo promifeth, ftrialy
to maintain all former Treaties made with the Crown of
the House of Holftein, Gottorp, and likewife to renew
them at this Time, in Conformity to the present Union.
Concluded at Stockholm, the th of November 1719.
BE
9
In the Name of the Holy Trinity.
E it known by thefe prefents: whereas the troubles
of the North, which began without the holy Roman
empire, did likewife in courſe of time infeſt fome of the
provinces depending on the faid empire, and afterwards
penetrated as far as the circle of Lower Saxony, which
was the reaſon that the moft illuftrious and moft potent
Prince and Lord, George King of Great Britain, France,
and Ireland, Defender of the Faith, Duke of Brunſwick and
Lunenburgh, Arch-treafurer and Elector of the holy Roman
Empire, as Duke and Elector of Brunſwick and Lunen-
burgh, was involved in the war; the moſt illuftrious and
moft potent Princefs Ulrica Eleonora, Queen of Sweden,
the Goths and Vandals, Great Duchefs of Finland, Duchefs
of Schonen, Efthonia, Livonia, Carelia, Bremen, Ver-
den, Stetin, Pomerania, Caffubia, and Vadalina, Princeſs
of Rugen, Lady of Ingria and Wifimar, Countefs Palatine.
of the Rhine and Bavaria, Duchefs of Juliers, Cleves, and
Berg, Landgravine and Hereditary Princefs of Heffe,
'Princefs of Hirchsfeld, Countefs of Catzenellebogen, Dietz,
Ziegenhain, Nidda, and Schaumbourg, &c. and his faid
Britannic Majeſty have with a Chriftian and laudable in-
tention, confidered by what meaſures they might not only
prevent greater misfortunes, and the ruin of countries and
nations being occafioned by fuch a war, but chiefly to
reftore peace and tranquillity between their faid Majefties,
and to eſtabliſh and renew the good harmony and mutual
underſtanding between the two parties. For this end the
moft illuſtrious and moſt potent prince and Lord Lewis XV.
the moſt Chriſtian King of France and Navarre, employed
his good offices and mediation by the noble Lord James
de
( 245 )
245)
I 1
de Campredon, his minifter refiding at the Swedish court;
and a preliminary treaty of peace was actually agreed on
betwen their faid Majeftis, which was concluded at Stock-
holm the of July laſt, in which was ftipulated that
peace fhould be formally concluded betwixt them on the
foot of the faid treaty, and that a folemn inftrument
fhould be drawn up for that purpoſe, for the advancing
and perfecting a work fo defirable and falutary, the ple-
nipotentiary minifters on both fides being vefted with fuffi-
cient full powers, have, in the name of God, entered into a
conferrence, viz. on the part of her Swedish majeſty,
the Count Guſtavus Cronhielm, fenator of her majefty
and the kingdom, prefident of the royal chancery, and
chancellor of the academy at Upfal; the Count Charles
Guſtavus Ducker, fenator of her majeſty and the kingdom,
velt marſhal and counſellor of war; the Count Gustavus
Adam Taube, fenator of her majefty and the kingdom,
and governor of Stockholm; the Count Magnus de la Gar-
die, fenator of her majefty and the kingdom, and prefi-
dent of the college of commerce; and the Baron Daniel
Nicholas de Hopken, fecretary of ftate to her Swediſh
Majefty; and on the part of his Baitannick Majefty, as duke
and elector of Brunfwick and Lunenburgh, his plenipoten-
tiary, miniſter and colonel, Adolphus Frederick de Baffe-
witz; who have agreed to the following articles:
I. A lafting and fincere peace and friendſhip fhall be
eſtabliſhed and confirmed by theſe preſents between his
Swedish Majefty and the kingdom of Sweden on the one
part, and his Britannick Majefty as duke and elector of
Brunſwick Lunenburgh, and his ducal and electoral houſe
on the other part, both fhall fincerely and conftantly
do every thing in their power for ftrengthening the bands
of union and confidence between them as much as poffible;
and all hoftilities and warlike proceedings of the one part
againſt the other fhall entirely ceafe from this time.
II. There fhall alfo be on both fides a perpetual ob
livion and amnesty of whatever the one has committed
hoftilely against the other, of what nature foever the action
was, in fuch manner that nothing done by either party, or
by their fubjects, fhall be corrects or revenged, but every
VOL. II,
R
thing
(246)
246 )
thing fhall by thefe prefents be abolished, and for ever
buried in oblivion.
ΤΥ
22
III. As to her Swedish Majefty, by virtue of the prelimi-
nary treaty of peace concluded July 1719, with his
Britannick Majefty, as duke and elector of Brunſwick
and Lunenburg, did then yield, fo fhe does by virtue.
of theſe preſents again yield for herſelf, the kingdom of
Sweden, and her fucceffors and defcendants, to his Bri-
taenick Majefty, as duke and elector of Brunſwick and
Lunenburgh, and his fucceffors for ever, the duchies of
Bremen and Verden, pleno jure, with all their rights and
dependencies, in the fame manner as thofe duchies were
among others appropriated, according to the Xth article
of the treaty of peace at Ofnaburgh, dated the 14 October
1648, and as the kings and kingdom of Sweden have fince
that time poffeffed, do now poffefs, or ought to have poſ-
feffed the faid duchies, with their rights, appendages and
appurtenances, without any exception; and principally the
jus pignoris of the bailywick and town of Vilfhaufen,
with all its rights and dependencies, which was formerly
in the hands of the elector of Brunfwick; in fuch man-
ner, however, that no demand fhall be formed upon her
majefty or the kingdom of Sweden for any engagements
with which the fame are, or may be incumbered, either
now or hereafter: giving up the whole together, and every
particular thereof now and for ever, with the fame pre-
rogatives as her Swedish Majefty and her predeceffors in
the government, as well as the kingdom of Sweden, had
poffeffed them, without any diminution or refervation; as
alfo without exception of any rights inteftine or foreign,
to keep and poffefs them in propriety, without any dif
pute, hindrance or interruption on the part of her Swedish
Majefty, or her fucceffors; yielding up, and renouncing
by theſe preſents in favour of his faid Britannick Majeſty,
as duke and elector of Brunſwick and Lunenburg, and
his heirs for ever, all the rights the hath, or ever had,
or ought either one way or another to claim, to the duchies
of Bremen and Verden in general and particular, both as
to the directorſhip in the circle of Lower Saxony, a feffion
and vote in the diets of the empire and the circles, or any
thing elfe, by what name foever called, refigning in the
fame
( 247 )
fame manner by theſe preſents, to the fubjects and inhabi-
tants of the faid duchies, all their oaths and obligations by
which they were bound to her majefty and the kingdom
of Sweden, and transferring them by the fame to his ma-
jeſty of Great Britain, as duke and elector of Brunſwick
and Lunenburg, and to his heirs, as their prefent fole and
perpetual fovereign lord; and in like manner the chapter
of Hamburgh and that of Bremen, together with the per-
fons appertaining to the latter, fubjects, tenants in fief, far-
mers and tributaries, as well in the town of Bremen, as
thoſe who live in what are called the four Gohen of Bre-
men, and all other places which are there, fhall be by vir-
tue of theſe prefents freed from their faid oaths and
engagements taken to the crown and kingdom of Swe-
den, and made over to his Britannick Majefty, as duke
and elector of Brunſwick and Lunenburg, and his heirs.
Her Swediſh Majefty, for herſelf and her Succeffors,
does by virtue of thefe prefents, again renounce the jura
feudi which ſhe and her predeceffors had, on account of
the duchies of Bremen and Verden, acquired of the em-
perors and the holy empire, and hitherto enjoyed; and
transfers the faid jura feudi in like manner to his Britannick
Majefty and his heirs.
And the archives and documents which relate to the
duchies of Bremen and Verden, fhall bona fide, with all
the ſpeed poffible, be put into the hands of perfons
named and authoriſed by his Britannick Majefty, to re-
ceive them.
IV. His Britannick Majefty, as duke and elector of
Brunſwick and Lunenburgh, does as well for himſelf as his
heirs, promiſe and engage on his part to the ſtates, fubjects,
and all the inhabitants of the country, both in the towns
of the faid duchies of Bremen and Verden, and all places
that do or may depend thereon, no perfon excepted, and
confequently to every one of them, to maintain and defend
their juftly acquired liberties, eftates, rights and privi-
leges, in general and particular, in the fame manner as the
faid ftates, fubjects and inhabitants enjoyed and poffeffed
them, and as they were granted to them by the peace of
Weftphalia, as well as the free exercife of the two reli-
gions, according to the Augfburg confeffions, as to which
R 2
they
( 248 )
they fhall at all t'mes be left to thiir free choice, without
moleftation.
And in cafe that either the one or the other is not yet
actually confirmed in the expectatives of certain prebends
of the chapter of Hamburg, granted by the former kings
of Sweden, or bought of others, fuch expectatives, ac-
cording to their rights and origin, fhall remain entire; in
fuch manner nevertheless, that for the future when a va-
cancy happens, no body ſhall be preferred to thoſe who are
the bearers of them.
V. The reduction and liquidation eftablifhed every
where by the preceding government of Sweden, having
given occafion to many grievances of the ſubjects and in-
habitants, the late king of Sweden, of glorious memory,
in juſtice to the caufe was determined to give a fecurity
by letters patent, that in cafe any of the fubjects could
prove, that any eftate juftly belonging to them had been
taken from them, their right fhould be preferved; in con-
fequence of which feveral were reftored to the poffeffion
of their eftates formerly difputed, or ſequeſtered by virtue
of the faid reduction, or any other pretext; which right
has been again confirmed to them fince by their laft affem-
bly of the goth of May laft.
It is therefore agreed and ftipulated by thefe prefents,
between the two contracting fovereigns, that the ceffion
made of the duchies of Bremen and Verden by the afore-
faid third article of the faid treaty, fhall not prejudice
the rights and just pretenfions of the ſubjects and inhabi-
tants of the ſaid duchies, or their heirs, living intra vel
extra territòrium; but the fame fhall be maintained by his
Britanick Majefty, as elector of Brunſwick and Lunen-
burg, to all intents and purpoſes in the fame manner as
they are now by her Swedish Majefty, and as they may be
certified now or hereafter.
VI. In like manner, purfuant to what is ftipulated by
the ſecond article concerning the amnefly, the eſtates,
houſes and properties of any perfon whatfoever, who had
been put under arreft by reaſon of the war, fhall be re-
ftored and returned to the lawful proprietors, whether they
live intra vel extra territorium.
VII.
( 249 )
VII. Nevertheless, all negociations actually made in the
faid duchies, and during the Swediſh regency, publico no-
mine, till the faid duchies were invaded by his Danish
Majefty, by reafon of the debts and farms which were levied
and carried into the royal cheft, and the Sums put into it
by the faid regency, fhall remain in full force, in ſuch
manner that the creditors, and thoſe who have legal bonds
in confequence of their loans of money, and mortgages
truly furrendered, fhall enjoy the contracts which they have
in their hands, and the engagements included therein, till
by virtue of their contracts they are quite expired, and
their monies advanced are all paid; at which time the
eftates, and houſes fituate or belonging in and to the faid
duchies, fo engaged to the faid creditors fhall become the
property of his Britannick Majefty, as duke and elector of
Brunſwick and Lunenburg and his fucceffors, and ſhall be
incorporated in his chamber. But the ftates ſhall be
obliged to pay every thing negociated upon the bonds and
fecurity of the faid ftates.
VIII. His Britannick Majefty promifeth by theſe pre-
fents, not only as king, but alſo as duke and elector of
Brunſwick and Lunenburg, to renew from henceforth
with her Majefty, and the kingdom of Sweden, the ftrict
alliances and treaties of friendfhip heretofore eftabliſhed
with the predeceffors of her majefty and the kingdom of
Sweden, as well as the guarantees, which by virtue of the
treaty of peace concluded between the allies of the North,
or by that which may be concluded hereafter, fhall be ap-
plied to the advantage of the ducal houfe of Holſtein
Gottorp, and to regulate the fame according to the prefent
juncture of affairs.
Moreover his Britannick Majefty, as duke and elector
of Brunswich, engages to pay at Hamburgh to her Swediſh
Majefty the fum of a million of rix dollars, in new and
valid pieces of fingle and double marks or drittels, accord-
ing to the allay of Leipfic in the year 1690, of which
each fine mark of ſilver was worth twelve current dollars.
And it is fettled, that one-third of the faid fum, viz.
333,333 rix dollars fhall be paid at Hamburgh to her
Swediſh Majeſty upon her receipts, before the figning of
this inftrument of peace, which fhall accordingly remain
R 3
in
( 250 )
in force; and the reft of the faid million of rix dollars fhall
be paid fpeedily, and without fail at Hamburgh all at once,
upon proper affignments and acquittances, in five or fix
weeks time after the exchange of the ratification of this
treaty of peace.
IX. The treaty of Weftphalia, except where it is al-
tered by this treaty, or otherwife where it may be altered.
by treaties that may be concluded in the North, fhall re-
main in its full force and efficacy; and the two contracting
fovereigns engage themfelves feverally to do every thing
that fhall be judged neceffary for the obfervation of the
faid treaty of Weftphalia.
X. The two contracting fovereigns referve to them-
felves by this article to demand and accept his Imperial
Majefly's guarantee for this treaty, and that of other
powers, according to the circumftance of affairs.
XI. The ratifications of this peace ſhall be diſpatched
in two months time at fartheft, and exchanged one with
the other here at Stockholm.
XII. In witneſs of the above, two copies, both of one
and the fame tenor, have been made, which have been
figned and fealed by the plenipotentiaries of the two con-
tracting fovereigns, of which one has been given to each
party. Done at Stockholm, the 20th of November, 1719.
Signed,
(L. S.) Gustavus Chronbielm.
(L. S.) Charles Gustavus Ducker.
(L. S.) Guſtavus Adam Taube.
(L. S.) M. de la Garde.
(L. S.) D. N. van Hopken.
(L. S.) Adolphus Frederick van Baffewitz.
!
1
Treaty
(251)
Treaty between Ulrica Eleonora, Queen of Sweden; and
George King of Great Britain, for 18 years, concluded
by the mediation of the moſt Chriſtian King; by which the
parties agree to affist one another mutually, in every caſe of
neceffity, on the basis of former treaties, which are hereby
reaſſumed. And the King promises the Queen to aſſiſt her
as ſoon as poffible with fubfidies and foldiers, in the preſent
war against the Czar of Mufcovy, and to continue fuch
affifiance till a peace is restored. And the Queen binds ber--
Self and her kingdoms to the perpetual guarantee of the
fucceffion of the crown of Great Britain in the family of
Brunfwick Lunenburg. Made the 21st of January,
1720.
WHE
HEREAS the moft ferene and most potent Princefs
and Lady, Ulrica Eleonora, Queen of the Swedes,
Goths, Vandals, &c. &c. &c. and the moſt ferene and
moſt potent Prince and Lord, George King of Great Bri-
tain, France and Ireland, Defender of the Faith, Duke of
Brunſwick and Lunenburg, Arch-treaſurer and Elector of
the Holy Roman Empire, for the better afferting and con-
firming an intimate friendship and clofe union, and for
increafing and promoting the welfare and fecurity of the
faid fovereigns, and their kingdoms and fubjects, thought
it expedient that the former treaties made between the fa-
mous kingdoms of Sweden and Great Britain, and between
the former fovereigns of the faid kingdoms, fhould now
be reaffumed, amended, renewed and accommodated, and
applied to the prefent ftate of affairs by the mediation,
and under the guarrantee of his facred royal majefty of
France, who for that end was pleafed to anpoint and in-
ſtruct his refident M. de Campredon, to be his plenipo-
tentiary, and especially that treaty which was made for 18
years at the Hague in 1700, between his royal majefty of
Sweden, Charles XII. of bleffed and mott glori us me-
mory then reigning, and his roval majefty of Great Bri
taid, William III. alfo of bleffed and moit glorious me-
mory then reigning, and whic's exp.red in the year 1718.
Her facred royal majefly of Sweden is therefore been
pleaſed, for perfecting this falutary work, awfully to con-
R 4
1
ſtitute
( 252 )
ftitute and fully to authorife his excellency Count Charles
Guſtavus a Ducker, fenator of her majefty and the king-
dom, Velt marshal general, and counſellor at war; and
his excellency Count Guftavus Adam a Tauble, another of
her majefty's and the kingdom's fenotors, Velt marfhal
general, and chief governor of Stockholm; alfo his ex-
cellency the Count Magnus de la Gardie, her Majeſty's and
the kingdom's fenator, and prefident of the college of
commerce; and his excellency John Count Lillienſtedt,
her majesty's and the kingdom's fenator and counsellor
of the chancery; and finally, his excellency Daniel Nicho-
las de Hopken, free baron, and her fecretary of flate and
his facred royal majefty of Great Britain has commiffioned
his excellency John Lord Carteret, baron of Hawnes in the
county of Bedford, one of the lords of his bedchamber,
lord lieutenant of the county of Devon, and his ambaf-
fador extraordinary and plenipotentiary at the court of his
facred royal maj fty of Sweden; who having duly exhi-
bited and communicated their full powers in a congrefs at
Stockholm, and held divers conferences on that account,
did, after accurate knowledge and difquifition of things, ac-
cording to the importance of the affair, agree and conclude
to make the treaties of the firſt of March 1665, at Stock-
holm, and the 6th of June 1700, at Stockholin, the baſis
and foundation; provided nevertheless, that the negociation
be entered into immediately without lofs of time, by the
commiffioners of both parties at Stockholm, concerning
thofe things which relate to the commerce of both king-
doms, and of their fubjects, and which conſtitute a part of
the treaties of 1665 and 1700; and as for every thing which
relates to mutual friendship, and good correfpondence and
fecurity, the ſaid treaties of 1665 and 1700 are by this pre-
fent treaty intirely confirmed and corroborated with ad-
ditions and alterations only to render them better accom-
modated and more applicable to the prefent ſtate of af-
fairs, as will appear to be more at large fet forth, provided
and ftipulated by the following articles:
I. There fhall be a fincere, conftant and perpetual
friendship, league and good correfpondence between her
facred royal majeſty of Sweden, and the kings her heirs
and fucceffors on the one part, and his facred royal ma-
jeſty
:
( 253 )
jeſty of Great-Britain, and the kings his heirs and fuccef-
fors on the other part, and all fingular their kingdoms,
dominions, provinces, iflands, lands, colonies, cities,
towns, people, fubjects, and inhabitants, and confequently
all their fubjects and vaffals, both now and hereafter, within
Europe and without it, in all places both by land or fea,
and on the freſh-waters; fo that neither they nor either of
them shall do any detriment to the other's kingdom, pro-
vinces, colonies, wherever fituate, or fubject, nor permit,
much leſs confent that it be done by others; but ſhall em-
brace each other's interefts with fincere affection, all man-
ner of good will, and mutual affection.
II. In like manner, both of the confederates, and their
heirs and fucceffors, fhall be obliged to take care of and
promote their mutual advantage and honour with all ap-
plication, to difcover and bring to light all dangers, con-
fpiracies and machinations of the enemy, as foon as they
come to their knowledge, to oppofe the fame as far as lies
in their power, and to employ and unite their counfels and
forces, for averting and hindering them; for which reafon
it fhall not be lawful for any one of the confederates, either
by himſelf or any others whomfoever, to negotiate or at-
tempt any thing to the detriment of other, or even to
the damage of the other's lands, dominions, or rights where-
foever, fituate either by land or fea; and they fhall in no
wife fupport the other confedrate's rebels, or enemies, to
his prejudice, nor fhall receive or admit any of his rebels
and traitors into his dominions, much lefs afford them any
advice, aid, and favour, or fuffer or permit fuch advice,
aid, or favour to be given by his fubjects, people or in-
habitants..
III. And particularly as to rebels, juft now mentioned,
whofoever ſhall be declared a rebel and enemy, by letters
fent from either of the confedrates to the other, he shall
be inſtantly reputed as fuch by that confedrate to whom
fuch letters fhall be fent; and all the ftipulations made by
this alliance againſt the enemies and rebels of either, fhall
be put in force.
IV. And to the end that the faid friendſhip and good
correſpondence may be cultivated every day with greater.
fuccefs, to the advantage of both the faid princes, and
their
(254)
their kingdoms and fubjects, and the protections of the Pro-
teftant religion, and that their fecurity may be the better
provided for and guarded, it is agreed on both fides, that
the moft ferene and moft potent kings and kingdoms of
Sweden and Great-Britain, may be united as cloſely as poſ-
fible, by a particular defenfive alliance, as they are by
theſe preſents joined together by the clofeſt alliance,
and reciprocally obliged to the mutual defence of their
kingdoms, dominions, provinces, ftates, fubjects, pof-
feffions, rights, liberty of navigation and commerce in
the Baltick, the Sound, the Northern, Weſtern, and Bri-
tifh feas, and in the Channel; as alfo the privileges and
prerogatives lawfully belonging to either of the confede-
rates, as well by compacts and received cuftoms, as by the
law of nations and hereditary right, againſt all manner of
invaders, aggreffors, and diflurbers, whether by land or
fea in Europe, as is more particularly declared hereaf
ter.
V. If it happen therefore that her royal majefty, and
her heirs and fucceffors, the kings and kingdom of Swe-
den, be invaded, infefted or difturbed in their kingdoms,
dominions and provinces, iflands, and jurifdictions, either
within their kingdoms, or without, in thofe parts of Ger-
many now belonging to the kings and kingdom of Sweden,
or even in their poffeffions and prerogatives, privileges and
laws thereon dépending, or in any other manner whatſoever
hindered and molefted in the freedom of navigation and
commerce in the feas and channels abovementioned, by
any one or more kings, princes, ftates, republicks, or re-
bels, or by any one or more ill-defigning perfons in Eu-
rope, his facred royal majefty of Great-Britain, and his
heirs and fucceffors the kings thereof, fhall after being du-
ly required, conftantly affift the moſt ferene Queen, and
her heirs and fucceffors, the kings and kingdoms of Swe-
den, againſt all fuch aggreffors, difturbers, and rebels,
with an army of 6,000 foot, on the terms, and in the man-
ner as hereafter ftipulated.
VI. And thofe auxiliary forces which fhall hereafter be
fo defired, fhall be all fent in four months after they are
required, or fooner if poffible, to fome convenient place
and port to be nominated and appointed by the party who
de-
(255)
defires them; and the preparation and fending of fuch
fuccours ſhall in no wife be retarded, much lefs fhall thofe
friendly offices be wholly withdrawn, which by virtue of
this alliance, the confedrate who is fent to is firft of all
to make trial of for obraining an amicable compofition:
and when the forces are fent and arrived, they fhall be
maintained and fubfiited at the expence of the ally who
fends them, til peace be obtained, or as long as the con-
federate who requires them thinks them neceffary; provid-
ed however, that while the fuccours are in his dominions,
they may be furnished with all neceffaries for food and rai-
ment, at as reafonable a price as his own.
VII. It fhall be free for the confederate who requires
the fuccours, to chufe whether he will have the whole num-
ber of forces abovementioned, or only a part thereof, and
the reft in military ftores ammunition, provifion, fhips,
and the neceffary equipage, reckoning each thoufand foot
per month, as long as the war lafts, at the rate of 4,000
imperial dollors; which matter the commiffioners on both
fides fhall agree on bona fide without delay.
VIII. But if there be danger, that the auxiliary forces
may be hindred in coming to the place where they ſhall
be neceffary for him that requires them, the confedrates
fhall be obliged to join their endeavours that their paffage
may be made more fafe and eafy; and it fhall be lawful for
the confedrate of whom they are required, to appoint his
own general to command his forces, and the fame fhall be
kept as cloſe together in one body, as the ſtate of the war
will admit of; which is to be understood in fuch a fenfe,
that they may not be difperfed in parties, to places re-
mote from each other. And he who is appointed Ge-
neral of the auxiliary forces, fhall be fubject to the
command of the ally who requires them, or to his general
in millitary opperations; and all things which relate to ac-
tion, and all other military events, fhall be fo ordered as is
the uſual cuſtom in war, and in cafe of furniſhing fuccours;
and the fame rule fhall take place if fhips fhoulld happen
to be ſent inſtead of land forces, which, as auxiliaries,
fhall be obliged to carry the flag of the ally who requires them.
X. If it happen that the determined number of forces
be not fufficient for the greatnefs of the danger, as in cafe
the aggreffors be fuccoured by the auxliaries of any of his
con-
(256)
confederates, and be fo ftrong as to over-power and de-
feat either of the allies, then the other ally fhall be obliged
as foon as poſſible to affift the party injured and oppreſſed,
with as many forces as he can both by fea and land, and
by pecuniary fubfidies; provided nevertheleſs, that in fuch
cafe, the manner, nature and time of giving fuch aid may
be fettled according to the exigencey of the affair. And
whereas the kidgdom of Sweden has long ere now been
infefted by ſerveral neighbouring powers even while the
treaty which was concluded in the year 1700 ftill fubfifts,
and as the war continues hitherto, for this reafon his facred
royal majeſty of Great Britain thinks himſelf obliged,
as well by the treaty abovementioned, as by virtue of thefe
prefents, to give thofe farther fuccours to her facred ro al
majefty and the kingdom of Sweden, as are hereafter fti-
pulated.
XI. And whereas every amicable method has been hi-
therto attempted, but without fuccefs, for putting an end
to this Northern war, according to the defire of her royal
Swedish Majefty, his facred royal majefty of Great Bri-
tain doth declare, and bind himſelf by theſe prefents, that
he will not fuffer any more time to be wafted in vainly at-
tempting fuch a reconciliation, but will next ſpring fend
a ftrong fquadron of men of war to the kingdom of
Sweden, as fuccours to act in conjunction with the men
of war of her facred royal majefty of Sewden, under
her command, and at her difpofal, for repelling the inva-
fions of Sweden by the Czar of Mufcovy, and for fpeedily
obtaining a juft peace from him; and all operations that
are to be performed by their joint forces, fhall be ordered
and difpofed in a previous council of war, held with the
commanders of the fquadrons of both crowns: but for the
future, before the auxiliary forces are fent, the party that
fuffers any force or injury fhall give notice to the other
ally, and then both of the allies fhall ufe their endeavours,
that the invaders or difturbers may be induced by fair
means to abstain from fuch violence and injury, that there
may not be a neceffity of having recourſe to arms; and if
the offender fhould be fo obftinate, that he will not
condeſcend to do juftice by amicable meaſures, and con-
fequently the party injured and offended be compelled
to repel the violence done to him, and any farther dif
turbance
( 257 )
257)
મ
turbance by force of arms, then the faid forces fhall be
fent without delay, and fuch fupply fhall be continued till
the party injured has obtained full fatisfaction. He fhall
be accounted an aggreffor, who extorts a juſt defence by
injuries.
XII. It fhall likewife be lawful for both of the confe-
derates and their fubjects, to enter the ports of either
with their men of war, and other fhips of force, there to
winter and ſtay, and to poffefs and enjoy the immunities
and privileges of thofe ports; provided that they who
are not the common enemies be not infefted in fuch ports
or at their entrance, nor that the traffick to the faid ports,
be interrupted, much lefs wholly cut off. It is alfo de-
termined by the mutual confent of their royal confederate
majefties, that a particular negociation for navigation
and commerce be immediately fet on foot at Stockholm,
for the mutual advantage and emolument of both na-
tions; and in the mean while, and till the fame has its
effect, it is covenanted and agreed between both the allies,
that there fhall be a reciprocal and entire freedom of navi-
gation and commerce in all forts of goods and marchan-
dize, through all and fingular their dominions, jurifdic-
tions and territories fituate in Europe: fo that it ſhall be
lawful for one another's ſubjects freely and fafely to enter
by land or fea into either's kingdoms, provinces, iflands,
cities, towns, and villages, and there to refide and ex-
ercife commerce in all forts of goods and merchandize,
the importation and exportation of which are not par-
ticularly prohibited and reftrained by the laws and fta-
tutes of both kingdoms, provided nevertheleſs that fuch
freedom of commerce be not extended to any other
places than to thofe fea ports which have hitherto been
opened for the trade of any foreign nation: in which faid
ports, towns, cities, and places, it fhall always be free and
lawful for the fubjects of both the confederates, not only
to ſtay, refide, and inhabit there as long as they pleafe,
without any moleftation, oppreffion, reſtraint, or limita-
tion of time, but alſo to tranſport themſelves from thence,
with their goods, merchandize, and effects elſewhere,
whenfoever and wherefoever they think fit, without any
detriment, delay, or impediment, under any pretence, un-
lefs they have borrowed money, and contracted any juſt
and
( 258 )
and lawful debts; nor fhall the faid fubjects be obliged to
pay any tributes or taxes of any kind, under any pretence,
during their stay in the dominions or territories of either
of the confederates, which the nations in the most entire
friendſhip are not obliged to pay. And to the end that the
mercantile affairs of the faid fubjects may be confirmed
and increaſed as much as poffible, and that commerce.
may be reciprocally promoted between both kingdoms,
the faid allies bind one another, and feverally engage that
the merchandize and manufactures of both nations fhall
hereafter pay no other tribute nor taxes, than what are al-
ready eſtabliſhed; and fhall enjoy fuch immunity, till all
points relating to their mutual commerce be more clearly
and firmly decided by a ſpecial convention or treaty to
be forthwith concluded, and always to be obſerved for the
ufe and profit of both nations: nor fhall it be lawful for
the fubjects of both the allies refpectively, to claim and
demand greater rates for the weight and menfuration of
the goods and merchandize by them imported and ex-
ported than what are demanded and paid by the cities, in-
habitants, and fubjects of both kingdioms. It is moreover
agreed and eſtabliſhed, for a general rule between the
faid confederates, that all and fingular their fubjects fhall
enjoy equal favour, at leaſt in all things, and on every oc-
cafion, in the dominions and territories fubject on both
fides to their obedience: and that they fhall ufe and pof-
fefs the fame privileges, liberties and immunities which the
fubjects of any other prince or ſtate, even in the ſtricteſt
amity, do or may hereafter ufe, enjoy and poffefs.
XIII. Whereas by virtue of the fourth and fifth articles
of the treaty of 1700, both crowns were obliged recipro-
cally to furnish the fuccours therein ftipulated; on the
conditions nevertheleſs, which are fpecified in the XVIth
of the faid treaty, viz. that if the confederate applied to
for fuccours fhould himſelf be involved in a war, either
againft his own fubjects, or againſt a foreign enemy, he
fhould not only be obliged, during fuch war, to furnish
fuccours to the other confederate demanding them, but
might alſo after three months previous notice recall the
auxiliary forces, fent in aid of his confederate, by virtue
of the league: and whereas it happened that her late fa-
cred royal majefty of Great Britain was herfelf engaged
in
( 259 )
1
in a war against the crown of France, till the year
1713, when the war was concluded by the treaty of
peace at Utrecht, and therefore neither could nor ought
to be bound to furnish the fubfidies promifed to the crown
of Sweden; yet forafmuch as the kingdom of Sweden
has been in war from that time to this, and for that
reafon demands the Swedish fubfidies which are in arrear;
and whereas the fubjects of his facred royal majefty of
Great Britain demanded juft fatisfaction for their hips
and merchandize intercepted by the Swedish men of war
and privateers, and afterwards confifcated; and whereas
in like manner the fubjects of her facred royal majesty of
Sweden require juft fatisfaction for their fhips and goods
intercepted by the men of war and privateers of Great
Britain, for this reafon it is agreed by the contracting
parties, that commiffioners fhall forthwith be elected on
both fides, to examine and liquidate the complaints relat-
ing to the ſhips and goods fo intercepted and taken, that it
may appear what part the one owes to the other, and that
what is accordingly due, after a calculation made on both
fides, may be punctually paid within the term fixed by the
commiffioners for fettling thofe pretenfions.
XIV. But the prerogatives mentioned in the beginning
of the twelfth article, as granted by either of the confe-
derates to the fhips of the other in his harbours, fhall in
no wife be indulged to the enemies of the other, Nor
fhall it be lawful for the fubjects of either of the confe-
derates, to aflift the enemies of the other confedrate to
his inconvenience and detriment, or to ferve them either
as foldiers or mariners by fea or land, and therefore they
ſhall be laid under the fevereft prohibition.
XV. The prefent treaty made between the most ferene
monarchs of Sweden and Great Britain, fhall not dero-
gate in the leaſt from the regalities, rights and dominion of
her facred royal majefty of Sweden in the Baltick, nor
from thoſe of his facred royal majefty of Great Britain
in thoſe commonly called the British Seas; but both of the
confederates fhall hereafter preferve and enjoy all the pre-
rogatives and privileges above mentioned, with all things
depending thereon, as they have poffeffed them hitherto,
freely and without any cavil. Which enjoyment of all
things
( 260 )
things as aforefaid muſt be underſtood on both ſides, ſav-
ing this preſent treaty.
XVI. After the confederate required as aforefaid, hath
fent his auxiliaries, or difcharged his obligation according
to the laws of treaties, it is neceffary that proviſion be made
in like manner for him and his fecurity; and therefore it is
agreed on both fides, that the confederate who fends forces
to the other confederate at his requeft, fhall always be re-
puted as an auxiliary, and not be involved in the war for
fending fuch affiftance; nor fhall any treaty of peace or
truce be entered into, nor any ſuſpenſion of arins concluded
for a confiderable time, which may be hurtful to the other
confederate, without including and fecuring him that fent
fuch affiftance. But if he fhould be involved in open war
with the aggreffor, or any other whomfoever, by reaſon
of his fending fuccours, then neither fhall condefcend to
agree to any preliminaries, or to any general treaty with
the enemy or enemies, without the confent and council of
the other, but all things fhall be acted and treated with
mutual help, communication and counſel, till moſt ample
proviſion is made with common confent, for the fufficient
fecurity and due fatisfaction of both confederates. Above
all, it ſhall be by no means lawful for that ally who is firſt
engaged in the war, to make peace, before the other ally,
who by virtue of this treaty has fent help to his ally, fhall
have ample fatisfaction made him for any damage from
the enemy, and be fully restored at leaft to his former
ftate, which he was in poffeffion of, or had a juft title to
before the war began, in cafe that his ftate and condition
fhall have fuffered any diminution in the progrefs of
war.
"
•
XVII. This condition is expreffely added to the former,
concerning fending help at the request of his ally. That
if it happens that either of the confederate kings, ei-
ther he of whom help is required, or he who re-
quires it, fhould be engaged in war against a common
enemy, or be molefted by any other neighbouring king,
prince or ftate, in his own kingdoms or provinces, (fo
that he of whom it is required may juftly account fuch
moleftation for a real war) to the averting of which he
that requires help might otherwiſe by virtue of this treaty
<
6
• be
"
(261)
<
<
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<
C
<
C
C
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be obliged himſelf to fend auxiliaries, then the other
ally ſo moleſted, if any auxiliary forces were fent at the
request of the other ally before the invafion, may after
three months notification recall them to his own and his
kingdom's defence, and while he is preffed with fuch in-
vafion, he fhall not be obliged to fend the promiſed fuc-
cours, as happened heretofore during the war which
continued fo many years betwixt the Crown of Great
Britain and the moft Chriftian King. And although
that treaty of 1700, which fhall be reckoned as the bafis
of this, was entered into upon this condition, and this
which is concluded even now, ought to be explained in
that manner hereafter, neverthelels his facred royal ma-
jefty of Great Britain, in order to give the moft fignal
tokens of his friendſhip to the crown of Sweden, engages,
pro hac vice, that the prefent war between the crowns of
Great Britain and Spain, fhall by no means hinder her
royal majefty of Sweden from obtaining the aids actually
ftipulated by this treaty, or from enjoying and being
fupported by the fame, till the peace is happily reſtored,
viz. the fubfidies and fquadron of men of war, pro-
• mifed in the VIIIth and IXth articles, till a peace was
reftored with the Czar of Mufcovy: but if the war with
Denmark fhould, contrary to expectation, laft longer
than that with the Czar, then only the fubfidies fhall be
continued. On the contrary, her facred royal majeſt-
of Sweden obliges herfelf not to admit of any terms
which may be propofed or offered to her directly or in-
directly by the king of Spain, if thofe terms are capable
of doing any prejudice or damage to the caufe for which
a war has been carried on for feveral years against Spain.
• Moreover, her facred majefty of Sweden obliges herſelf,
her heirs and fucceffors, to maintain and guarantee
the fucceffion to the crown of Great Britain, as it is
eftabliſhed by the laws of the realm, in the family of his
Britannick Majefty now upon the throne, and likewife
to defend all the dominions and provinces poffeffed by
his majefty; and that he will not give or grant any
fhelter or refuge in any part of her dominions to the per-
fon or his defcendents, if he fhould have any, who in
the life-time of James II. took the title of Prince of
VOL. II.
S
• Wales,
C
<
6
(262)
6
<
6
፡
<
.
.
<
K
.
Wales, and after his death the royal title of King of
Great Britain: promifing likewife for herfelf, her heirs
and fucceffors, that he will not directly or indirectly
G give the faid perfon or his defcendents, any aid, counfel,
or affiftance whatfoever; either in money, arms, military
equipage, fhips, foldiers, mariners, or in any other man-
ner whatsoever; and that fhe will obferve the fame pre-
caution with regard to thofe perfons who may be com-
manded or commiffioned to disturb his Britannick Ma-
jefty's government, or the tranquillity of his kingdom,
either by open war, or clandeftine confpiraces, or in
exciting feditions and rebellions, or in committing pira-
cies upon his Britannick Majeſty's fubjects; in which
laft cafe, her facred royal majefty of Sweden promifes
that he will by no means permit any refuge to be given
to fuch pirates in the harbours of her kingdom. Laftly,
her royal majefty of Sweden obliges herſelf, not to give
any protection or fhelter to any part of her dominions
to thofe fubjects of his royal majefty of Great Britain,
who are now, or fhall hereafter be declared rebels; and
that in cafe there happen to be fuch in her kingdoms,
provinces, and dominions, fhe will command them to
depart her territories in eight days after the warning
. given them from court. And if his facred royal majeſty
of Great Britain fhall happen to be invaded in a hoftile
manner, fhe obliges herfelf to fend the fuccours above-
mentioned, and to do the fame to his defcendents, if
they fhall happen to be disturbed in the fucceffion to the
< crown of Great Britain. And forafmuch as it is of the
greateſt importance to the Proteftant Religion, to the
commerce of the kingdoms of Sweden and Great Bri-
tain, and to all Christendom, that the Baltick may not.
be in the power of the Czar of Mofcovy; if therefore
the faid Czar refufe to make a peace with Sweden, and
C to refore thoſe things which are required for the fecurity
of the kingdom of Sweden, and to re-cftablish the fame
freedom of Commerce in the Baltick, as both enjoyed
before the prefent war, in this cafe his facred royal ma-
jefty of Great Britain obliges himfelf not only to furnish
thofe aids which are expreffed in this treaty, for obtain-
ing the fame by force of arms, but he promiſes to uſe all
• his
C
C
C
:
G
莊
​(263)
،
،
his endeavours, and to employ all his offices with his
confederates, that they may help Sweden with fubfidies,
and confequently furnish the crown of Sweden with the
means for keeping the Czar within bounds.'
XVIII. And although the allies fhall be obliged to
fend auxiliaries to one another, according to the articles
above, yet that obligation fhall not be fo far extended, as
that all friendſhip and mutual correfpondence fhall be taken
away and prohibited with the enemies of the other confe-
derate for fuppoling that one of the confederates ſhould
when required fend his auxiliaries, and not be engaged in
the war himſelf, it fhall then be free for his ſubjects and
inhabitants to have trade and navigation with the enemies
of that ally who is engaged in the war; and it fhall be
lawful for them to carry any goods whatſoever to them,
thoſe only excepted which are exprefsly forbid, and com-
monly called contraband, and declared fuch by the com-
mon agreement of all nations..
XIX. Forafmuch as both their royal majefties above-
mentioned do hereby declare that they are ftill bound by
certain conventions and treaties formerly entered into with
other powers, and that they are willing to obferve the fame
duly, according to the ftipulations of the faid articles,
but that nevertheless they are not at this time bound by any
articles and claufes therein contained, which may or ought
to weaken and obftruct this prefent treaty in any manner,
or under any pretence to the end therefore, that the faith
of the confederates, and their perfeverance in this alliance,
may appear the more reciprocal, and that the minds of
their fubjects and friends may be the more confirmed,
both their royal majeſties abovementioned do oblige them-
felves and declare, that they will fincerely and bona fide,
ftand to all and every one of the articles of this treaty, and
that they will not depart a tittle from the genuine and
plain fenfe of the faid articles, under any pretexts. of
profit, friendship, former treaty, contract and promiſe,
or for any other colour whatfoever; but that they will
give effectual orders that all the things which they have
promiſed in this treaty, as the ftate of affairs fhall re-
quire, be fpeedily and fully put in execution by them-
felves, or their minifters and fubjects, according as they
S 2
are
(264)
are expressly ftipulated, and this without any limitation,
exception or excufe, thofe excepted which are expreffed
in the preceding articles of this treaty.
XX. This defenfive treaty fhall laft 18 years, before
the end of which the confederate fovereigns may again
treat concerning its farther continuance, if it fhall feem
good to both of them.
XXI. Whereas this treaty has been concluded purfuant
to powers and orders received on both fides, fo the fame
ought to be approved and ratified in due and folemn form,
by both their facred royal majeſties of Sweden and Great
Britain, and the inftruments of their ratification be de-
livered and exchanged at Stockholm within the ſpace of
three months, to be reckoned from the time of this fub-
ſcription, or ſooner if poffible.
For the greater evidence and confirmation of all things
aforefaid, two copies of this treaty have been made, one
of which the aforefaid fenators and fecretary of state
of her facred royal majefty and the kingdom of Swe-
den, have figned and confirmed with their feals, as the
other has been by the aforefaid ambaflador extraordi-
nary and plenipotentiary of his facred royal majeſty of
Great Britain, who were all particularly empowered for
that end, and that on one and the fame day, viz. the
21ft of January 1720.
The Treaty between Great Britain and Spain, concluded at
Madrid, June 13, N. S. 1721.
T having pleafed the Divine Providence to difpofe the
hearts of the moft ferene and potent princes, George,
by the Grace of God King of Great Britain, France, and
Ireland, &c. and Philip V. by the Grace of God King of
Spain, the Indies, &c, to forget all the grounds of dif
fatisfaction and mifunderſtanding that have given occa-
fion to interrupt, for fome time, the friendship and good
correfpondence which before flouriſhed between them;
and their Britannick and Catholick Majefties being now
defirous to renew and re-establish them by the ſtrongeſt
·
ties 2
( 265 )
ties, have ftipulated and agreed by their under-written
minifters plenipotentiary, named for that purpoſe, the
following articles.
I. That, for the future, there fhall be, between his Bri-
tannick Majefty, his heirs and Succeffors, and his Catholic
Majefty his heirs and fucceffors, as alſo between their
kingdoms, dominions, fovereignties, ſubjects and vaſſals,
a good, firm, and inviolable peace, and a perpetual and
fincere friendſhip, and a general oblivion of every thing
that has been done, on both fides, upon occaſion of the
laft war.
II. The treaties of peace and commerce, concluded at
Utrecht on the 13th of July, and the 9th of December,
in the year 1713, wherein are comprehended, the treaty
made at Madrid in the year 1667, and the cedulas there-
in mentioned, fhall remain ratified and confirmed by the
prefent treaty, except the third, fifth, and eighth arti-
cles of the faid treaty of commerce, commonly called
explanatory; which have been annulled by virtue of
another fubfequent treaty, made at Madrid the 14th of
the month of December 1715, between the minifters ple-
nipotentiary, named for that purpoſe, by their Britannick
and Catholic Mjellies, which treaty remains likewiſe
confirmed and ratified; as alfo the particular contract,
commonly called The Affiento, for the importation of
negroe flaves into the Spaniſh Indies, which was made
the 26th of March in the faid year 1713, in confequence
of the 12th article of the treaty of commerce of Utrecht;
and likewiſe the treaty of declaration, concerning that of
the Affiento, made the 26th of May 1716: all which
treaties, mentioned in this article, with their declaration,
fhall remain in their full force,' virtue, and vigour, in every
thing wherein they fhall not be contrary to this; and, to
the end they may have their entire effect and accompliſh-
ment, his Catholic Majefty will cauſe his circular or
ders, cedulas, to be difpatched to his viceroys, gover-
nors, and other minifters, to whom it fhall belong, of
the ports and towns in America, that the fhips employed
for the traffick of negroes by the royal company of Great
Britain eftablished at London, may be admitted, with-
S 3
out
(266)
out hindrance, to trade freely, and in the fame manner
as they did before the laft rupture between the two crowns;
and the abovementioned cedulas fhall be delivered as foon
as the ratifications of the prefent treaty fhall have been
exchanged; and at the fame time his Catholic Majefty
will give his orders to the council of the Indies, that the
junta, compofed of minifters taken out of that council,
and appointed for the cognizance (exclufive of all others)
of the cauſes that refpect the faid Affiento, may again have
its courſe, admit of, and confult upon thofe affairs, ac-
cording to the rule eſtabliſhed at the time of its appoint-
ment; and as to what regards the obfervation of the treaties
of peace and commerce, circular orders fhall be diſpatched
to all the governors of Spain, to the end that they may,
without any of their interpretations, caufe them to be ob-
ferved and accomplished; as in like manner fhall be given,
on the part of his Britannick Majefty, the orders which
ſhall be demanded, and judged neceffary for the accom-
pliſhment of every thing that has been ſtipulated and agreed
-between the two crowns in the abovementioned treaties of
Utrecht; and particularly as to what may not have been
put in execution of the points fettled by the eighth, ele-
venth and fifteenth articles of the treaty of peace, which
mention the leaving to the Spaniards the free commerce
and navigation to the Weft Indies, and the maintaining
the antient limits in America, as they were in the time of
King Charles II. the free exercife of the Catholic Re-
Jigion in the island of Minorca, and the cod-fifhing in
the feas of Newfoundland; as well as with regard to all
the other articles which may not hitherto have been put
in execution, on the part of Great Britain.
III. Forafmuch as by the feventh article of the treaty
of commerce of Utrecht it was agreed, that all the goods
confifcated at the beginning of the former war fhould be
reftored, in regard to the confifcation thereof had been
made contrary to the tenor of the 36th article of the
treaty of 1667, his Catholic Majefty, in like conformity,
will order, that all the goods, merchandizes, money, fhips,
and other effects, which have been ſeized, as well in Spain
as in the Indies, by virtue of his orders of the month of
September 1718, or of any other fubfequent orders, at the
time
( 267 )
time before the war was declared between the two crowns,
or after it was declared, be fpeedily reftored in their fame.
kind, as to thoſe which fhall be ftill in being; or, if they
are not, the juft and true value of them, at the time that
they were feized; the valuation whereof, if, by omiffion
or neglect, it was not then made; fhall be adjuſted, ac-
cording to the authentic informations that the owners fhall
produce before the ordinary magiftrates of the towns and
places where the faid effects fhall have been feized. And
it is certain, that the orders of his Catholic Majefty
(although they directed, that inventories of thofe goods
and effects fhould be made and drawn up, and accounts
and declarations ſhould be kept) have not, however, been
executed in that manner in feveral places, it has been
agreed, that if the proprictors make it appear, by legal
proofs, informations, and other documents, that any of
them have been omitted in the faid inventories, his Ca-
tholic Majefty wil give exprefs orders, that the value of
thoſe things which hall have been omitted, be paid by the
treaſurers or other perfons, through whofe neglect fuch
omiffions fhall have been made.
IV. It is mutually agreed, that his Britannick Majefty
fhall give order to his governors, officers, and other mi-
nifters, to whom it fhall belong, to caufe to be restored all
the goods and effects of the fubjects of his Catholic Ma-
jefty, which they fhali prove to have been feized and con-
fifcated in the dominions of his Britannick Majesty, upon
occafion of the laft war; in the fame manner as it has been-
fettled in the foregoing article, in favour of the fubjects
of his Britannick Majeſty.
V. It is alfo agreed, that his Britannick Majefty ſhall
caufe to be restored to his Catholic Majefty all the
fhips of the Spanish fleet, which were taken by that
of England, in the naval battle that was fought in
the month of Auguft 1718, in the feas of Sicily; with the
guns, fails, rigging, and other equipage, in the condition
they are at prefent; or elfe the value of thoſe which
may have been fold at the fame price that the purchafers
fhall have given, according to the proofs and vouchers:
and for the execution of this reftitution, his Britannick
Majefty fhall caufe the proper orders to be diſpatched, im-
S 4
mediately
( 268 )
mediately after the ratification of this treaty. It is alfo
declared, that the other pretenfions that there may be, on
both fides, between the two crowns, concerning matters
whereof there is no mention made in the prefent treaty,
and which are not comprehended in the fecond article
hereof, fhall be treated of at the approaching congrefs of
Cambray.
VI. The prefent treaty fhall have its effect immediately
after it fhall have been mutually ratified; and the letters
of ratification fhall be exchanged in fix weeks after the
figning, or fooner, if poffible; deferring its publication
till the general peace fhall have been concluded at the
congress of Cambray, between all the parties concerned;
or till their Britannick and Catholic Majefties fhall have
particularly agreed upon it.
In witneſs whereof, we the under-written minifters ple-
nipotentiaries of his Britannick Majefty and his Catholic.
Majefty, being furnifhed with our full powers, which have
been mutually communicated, and copies whereof fhall be
here under tranfcribed, have figned the prefent treaty,
and affixed thereto the feals of our arms. Done at Ma-
drid the 13th of June, 1721.
(L..S.) William Stanhope.
(L. S.) El Marquifs de Grima'do.
Treaty of Defenfive Alliance, betwixt France, Spain, and
Great Britain. At Madrid, June 13, 1721.
THE differences that have happened betwixt their Bri-
tannick and moft Chriftian Mejefties on the onc
part, and his Catholic Majefty on the other, having not
a little impaired the friendfhip which they always fhewed
to one another, it has been a long time their ardent with
to re-establish the good correfpondence and fincere
amity which ought to prevail among them, and which
will always be the ftrongeft fupport of the greatnefs to
which God has raifed them, and the fureft means to pre-
ferve the public tranquillity, as well as the happineſs and
mutual
(269)
mutual advantages of their ſubjects; and it is with a view
to cement and corroborate, if poffible, thefe difpofitions,
which are as conducive to the mutual glory and fecurity
of their crowns, as they are conformable to the welfare
and tranquillity of all Europe, that their Britannick, moſt
Christian, and Catholic Majefties have reſolved to unite
in ſo ſtrict a manner, that they may act hereafter as if they
had only the fame view, and the fame intereſt: and for
this end the moft ferene King of Great Britain, &c. hav-
ing given full powers to treat in his name, to William
Stanhope, Efq. colonel of a regiment of dragoons, a mem•
ber of the parliament of Great Britain, and ambaſſador
extraordinary from his Britannick Majefty to the court
of the Catholic King; the molt ferene the moft Chrif-
tian King having given full powers for the fame end, to
John Baptift Lewis Andrault de Langeron, Marquifs de
Maulevrier, lieutenant-general of his armies, commander
and grand croix of the military order of St. Louis, his
envoy extraordinary to his Catholic Majefty; and the moſt
ferene King of Spain having likewife granted his full powers
for the fame end to Don Jofeph Grimaldo, knight of the
order of St. Jago, governor of Rueira and Auzechal, a
member of the council of the Indies, and his firft fecre-
tary of ſtate and the diſpatches; they have agreed on the
following articles.
I. There fhall be hereafter and for ever a ftrict union
and a fincere and lafting friendship between the moft fe-
rene King of Great Britain, the moft ferene the moſt
Chriſtian King, and the moft ferene King of Spain,
their kingdoms and their fubjects, and inhabitants of the
countries under their dominion; fo that the injuries or da-
mages fuffered during the war, to which an end has been
put by the acceffion of the moft ferene King of Spain to
the treaties of London, dated the 2d of August 1718,
fhall be buried in eternal oblivion, and that for the future
each fhall take the fame care of one another's fafety as of
his own, and not only inform his ally of the danger that
may threaten him, but alſo oppofe with all his power the
injuries that may be done him.
II. In
A
(270)
II. In order to eftablish this union and correfpondence
firmly, and to render it yet more advantageous to the crowns.
of their Britannick, moft Chriftian and Catholic Ma-
jefties, they promife and engage by the prefent treaty of
defenfive alliances mutually to guarantee the kingdoms,
provinces, ftates and countries under each other's domi-
nion, in what part of the world foever fituate; ſo that if
their majefties are attacked, contrary to what was refolved
on at the treaties of Utrecht and Baden, and contrary to
the treaties of London, and the ftipulations which fhall
be made at Cambray, they fhall mutually affift one ano-
ther till the disturbance is at an end, or till they are fatis-
fied, by the reparation of the damages which they fhall
have fuffered.
III. In purfuance of the foregoing article, the mainte-
nance and obfervation of the treaties of Utrecht, Baden,
London, and of that which is to be made at Cambray,
for putting an end to the differences that are to be decided
betwixt the moſt ferene King of Spain and the Emperor,
thall be the chief aim of the prefent alliance. And to
firengthen it the more, the moft ferene King of Great Bri-
tain, the moft ferene the moft Chriftian King, and the
moft ferene King of Spain, fhall by concert invite fuch
powers as they fhall think fit to enter into the preſent
treaty for the common good, and for the prefervation of
the public tranquillity.
IV. If it happen (which God forbid) that, contrary tơ
the faid treaties of Utrecht, Baden, London, or the fti-
pulations of thofe which fhall be made at Cambray, their
Britannick, moft Chriftian and Catholic Majefties_fhould
be attacked, or in any manner difturbed in the enjoy-
ment of their kingdoms and countries by any potentate,
they promiſe and engage to employ their good offices as
foon as they fhall be required, in order to procure for the
party attacked fatisfaction for the wrong done to him, and
to hinder the aggreffor from continuing his hoftilities; and
if it happen that his good offices be not fufficient to pro-
cure fuch reparation out of hand, their faid Majefties pro-
mife to furnish the following fuccours jointly or fepa-
rately, viz.
His
(271)
His Britannick Majefty 8,000 foot, and 4,000 horfe.
His moft Christian Majefty 8,000 foot, and 4,000 horfe.
His Catholic Majeſty 8,000 foot, and 4,000 horſe.
If the party that happens
that happens to be attacked, defire men of
war or tranſports, or even fubfidies in ready money, in
the room of troops, in that cafe he fhall be at liberty to
make his choice, and they fhall furnish him with the faid
fhips or money in proportion to the expence of troops;
and in order to prevent all occafion of doubt in the cal-
culation of the faid expence, their Majefties agree that
1,000 foot fhall be fettled at 10,000 Dutch florins, and
1,000 horfe at 30,000 florins per month, obferving the
fame proportion with regard to fhipping: their faid ma-
jeftics promifing to continue and maintain the faid fuccours
as long as the troubles fhall laft; and if the faid fuccours
be not fufficient to repel the attacks of the enemy, they
fhall agree to augment them; and if it be neceffary, their
faid Majefties fhall mutually affift one another with all
their forces, and declare war againſt the aggreffor.
V. Their Britannick, moft Chriftian and Catholic
Majefties, being entirely fatisfied in the fentiments which
the Duke of Parma has always manifefted towards them,
and being defirous to give him marks of the fingular
efteem and affection which they have for him, they pro-
mife and engage, by virtue of this prefent treaty, to grant
him particular protection for the prefervation of his ter-
ritories and rights, and for the maintenance of his dig-
nity; fo that if he be diſturbed contrary to the treaties of
peace already made, and contrary to what fhall be ftipu-
Îated in thoſe that are to be made at Cambray, they fhall
join their good offices and efforts, to obtain juft fatisfac-
tion; and if it be refufed, they fhall agree on meaſures
to procure it for him by all other methods that fhall be in
their power.
VI. His Catholic Majefty being defirous to give his
Britannick Majefty, and his moſt Chriſtian Majeſty a par-
ticular proof of his friendship, confirms as far as there
may be occafion, all the advantages and privileges which
have been granted by the kings his predeceffors to the
English
(272)
English and French nations; fo that the trading fubjects
of the moſt ferene king of Great Britain, and the moſt
ferene the moſt Chriſtian King, fhall always enjoy in Spain,
the fame rights, prerogatives, advantages and privileges for
their perfons, commerce, merchandize, eftates and effects,
which they have enjoyed, or which they ought to have en-
joyed by virtue of treaties or agreements, or by virtue of all
thoſe which have been or fhall be granted in Spain, to the
nation that is moft favoured.
VII. The prefent treaty fhall be ratified by their Bri-
tannick, moft Chriftian and Catholic Majefties, and the
ratifications fhall be mutually delivered in due form, and
exchanged in the space of fix weeks, reckoning from the
day of figning, or fooner, if poffible:
In witneſs whereof, we the underwritten Minifters, Ple-
nipotentiaries of his Britannick Majeſty, his moſt Chriſtian
Majefty, and his moft Catholic Majefty, having mutu-
ally communicated our full powers, have figned the prefent
treaty, and thereunto fet the feals of our arms.
Done at
Madrid the 13th of June 1721.
Signed,
(L. S.) William Stanhope.
(L. S.) Langeron Maulevrier.
(L. S.) Marquifs de Grimaldo.
The Separate Article of the Defenfive Alliance between Great
Britain, France, and Spain, concluded at Madrid, the
13th of June, N. S. 1721.
THI
The Chriftian and
HE Minifters Plenipotentiaries of their Britannick,
moſt Chriſtian and Catholic Majefties, have this day
figned, by virtue of their reſpective full powers, a treaty
of defenfive alliance between their faid Majefties: they
have further agreed, that the particular treaty, which has
likewife been figned, this day, between their Britannick
and Catholic Majefties, whereof the tenor follows, ſhall
make a part of the faid treaty of defenfive alliance, con-
cluded between England, France, and Spain.
Here
( 273 )
Here is inferted, verbatim, the Treaty between Great Bri
tain and Spain, concluded at Madrid, the 13th of June,
N. S. 1721.
THE
HE abovefaid particular treaty fhall have the fame
force, as if it were inferted word for word in the
treaty of defenfive alliance, figned this day, between the
three crowns; and the letters of ratification fhall be ex-
changed at Madrid, in the ufual manner, within the ſpace
of fix weeks, to be computed from the day of figning,
or fooner, if poffible.
In witnefs whereof, we have figned theſe prefents, by
virtue of our full powers, and have affixed thereto the
feal of our arms. Done at Madrid the 13th of June,
1721.
(L.S.) William Stanhope.
(L. S.) Langeron Maulevrier.
(L. S.) El Marquifs de Grimaldo.
Another Separate Article of the Defenfive Alliance between
Great Britain, France, and Spain, concluded at Madrid
the 13th of June, N. S. 1721.
THE
HE Minifters Plenipotentiaries of their Britannick
and moft Chriftian Majefties, having this day figned,
with the Miniſter Plenipotentiary of the King of Spain, by
virtue of their refpective full powers, a treaty of defen-
five alliance; the abovefaid Minifters of their Britannick
and moft Chriftian Majefties have alfo agreed between
themfelves, by virtue of the fame powers, that, as the
principal intention and aim of that-alliance is to maintain
and preferve the peace and tranquillity of Europe, in
which it cannot be doubted but the States General of the
United Provinces of the Netherlands are difpofed to con--
cur, and to give their affiftance, the firft proper occafion
fhall be taken, in concert, to invite them thereto; and
their faid Britannick and moft Chriftian Majefties pro-
mife
( 274 )
mife and engage, in the mean time, to maintain the treaty
of defenfive alliance, made at the Hague, between the
King of Great Britain, the moft Chriftian King, and the
States General of the 4th of January 1717, N. S. and
that nothing fhall be done, directly or indirectly, to its
picjudice.
With
Defenfive Treaty of Alliance between the King of Great Bri-
tain, the most Chriflian King, and the King of Pruſſia,
concluded at Hanover the 3d of September 1725.
three feparate Articles relating to Thorn, and to the Con-
tingency of a War against the Emperor and the Empire.
TH
THEIR Majeftics the King of Great Britain, the moſt
Chriftian King, and the King of Pruffia, having
with pleaſure, obferved how much the ftrict union fub-
fitting between them has contributed, not only to the
happiness of their own kingdoms and fubjects, but allo
to the public good and tranquillity; being likewife per-
fuaded that there is not a more proper means of fecuring
and ftrengthening the faid advantages against all events
that may happen, than to cultivate the faid union more.
and more, and to make it indiffoluble; and having ma-
turely confidered all the treaties that fubfift between their
faid Majeftics, (from which they declare that they do not
intend any way to derogate by this prefent treaty) they
have thought fit to take before hand, new meafures,
in cafe any disturbances fhould arife in Europe, by agree-
ing among themfelves upon what may be neceffary not
only for the fecurity and the moſt effential interefts of their
own kingdom, but alfo with regard to the general good
and tranquillity. Upon thefe confiderations, and with
this view, their faid Britannick, moft Chriftian, and
Pruffian Majefties have given their full powers; that is to
fay, his Britannick Majefty to Charles Viſcount Townshend,
Baron of Lynn, his lieutenant in the county of Norfolk,
knight of the most noble order of the garter, and his
fecretary of state; his moft Chriftian Majeſty, to Francis
count de Broglio, lieutenant general of his armies, di-
rector general of his horfe, and of his dragoons, gover-
nor
t 275 ]
nor of Mont-Dauphin, and his ambaffador to the faid
moft ferene king of Great Britain; and his Pruffian Ma-
jefty, to John Chriftopher de Wallenrodt, his minifter of
ftate, and his envoy extraordinary to the faid moſt ſerene
king of Great Britain; who, by virtue of the faid full
powers, having with all poffible attention weighed the moſt
proper meaſures to attain the end which their faid ma-
jefties propofe to themfelves, have agreed upon the fol-
lowing articles.
I. There fhall be now, and in all time coming, a true,
firm, and inviolable peace, the moft fincere and intimate
friendſhip, and the moſt ſtrict alliance and union between
the faid three moft ferene kings, their heirs and fucceffors,
their dominions, countries, and towns fituate in their re-
fpective territories, and their fubjects and inhabitants, as
well in as out of Europe; and the fame fhall be preferved
and cultivated in fuch manner, that the contracting parties
may faithfully promote their reciprocal interefts and ad-
vantages, and prevent and repel all wrongs and damages,
by the most proper means they can find out.
II. As the true aim and intention of this alliance
between the faid kings is mutually to preferve the peace
and tranquillity of their refpective kingdoms; their
aboveſaid majeſties do promiſe to each other their recipro-
cal guarantee for the protecting and maintaining generally
all the dominions, countries and towns both in and out
of Europe, whereof each of the allies fhall be actually in
poffeffion at the time of the figning of this alliance; as
alfo the rights, immunities, and advantages, particularly
thofe relating to trade, which the faid allies enjoy or
ought to enjoy refpectively. And to this end the faid kings
have agreed, that if out of refentment on account of
this alliance, or upon any other pretext, any one of the
faid allies fhould be attacked in hoftile manner by, or
fhould fuffer any wrong from, any prince or ftate whatfo-
ever, the other allies fhall employ their good offices to
procure fatisfaction to be given to the injured party, and
to engage the aggreffor to forbear any further hoftility or
wrong.
III. And
( 276 )
III. And if any of the contrading parties fhould be open-
ly attacked, or molefted in the above cafes, and that the
good offices abovementioned fhould not be effectual,
fo as to procure a juft fatisfaction for the wrongs and
damages done to the injured party, then the other
parties within two months after application fhall be made
to them, fhall furnifh the following fuccours; that is
to ſay,
His majesty the king of Great Britain fhall furniſh
8,000 foot, and 4,000 horſe.
His moft Chriftian Majefty fhall, in the like cafe, fur-
nifh 8,000 foot, and 4,000 horſe.
And his majesty the king of Pruffia, fhall furnish 3,000
foot, and 2,000 horse.
But if the party attacked fhould rather defire to have
men of war, or tranfport fhips, or even fubfidies in mo-
ney, which ſhall always be left to his choice; then the
other parties fhall fupply him with fhips or money, in
proportion to the expence of the troops to be furniſhed
as above. And to remove all manner of doubt with
regard to this expence, the contracting parties do agree,
that 1,000 foot fhall be valued at 10,000 Dutch guilders
by the month; and 1,000 horfe, at 30,000 guilders of the
fame money alfo by the month: and the computation fhall
be made in proportion as to the men of war and tranſport
thips. If the fuccours above ſpecified do not prove fuffi-
cient to caufe fatisfaction to be made to the injured party,
then the contracting parties fhall agree together upon
further forces to be furnished; and finally, in cafe of
need, the faid allies fhall affift the injured party with
all their forces, and fall even declare war againſt the
aggreffor.
IV. And as the faid three moft ferene kings are re-
folved to bind more and more cloſely the ftrict union that
fubfifts among them, by all poffible tokens of good faith
and mutual confidence, they have reciprocally agreed,
not only to enter into no treaty, alliance, or engagement
whatſoever, which may, in any manner whatever, be con-
trary to the interefts of each other; but even faithfully to
com-
(277)
7
municate to each other the propoſal that may be made to
them, and not to take, upon what may be propofed, any
efolution, otherwife than in concert together, and after
a joint examination of what may conduce to their common
interefts, and be proper for maintaining the ballance of
Europe, which is fo neceffary to be preſerved for the
good of the general peace.
V. His moſt Chriſtian Majefty being particularly in-
tereſted as gaurantee of the treaties of Weftphalia, in the
maintaining of the privileges and liberties of the Germa-
nick Body; and their Britannick and Pruffian Majeſties as
members of that body, obferving with equal concern
feeds of divifion and of complaint that may at length break
out, and bring on a war, which, by fatal conſequences
refulting from it, might fet all Europe on fire; their faid
majeſties being ever attentive to what may one day diſturb
the tranquility of the empire in particular, and that of
Europe in general, do engage and promife to help each
other mutally in maintaining and caufing to be obſerved
the above faid treaties, and the other acts, which having
fettled the affairs of the empire, are looked upon as the
baſis and foundation of the tranquility of the Germanick
Body, and the ſupport of its rights, privileges and immu-
nities, which their above faid Majefties are truly defirous
to ſecure in a ſolid manner.
VI. The prefent alliance fhall fubfift during the ſpace
of 15 years to be computed from the day of the figning
of theſe preſents.
VII. Their Britannick, moft Chriftian, and Pruffian
Majeſties will invite the princes and ftates which fhall by
them be agreed upon, to accede to the prefent treaty;
and they have now agreed to invite particularly the Lords
the States General of the United Provinces.
VIII. This prefent treaty fhall be approved and ra-
tified by their Majefties the King of Great Britain, the
moſt Chriſtian King, and the King of Pruffia, and the
ratification ſhall be delivered in the ſpace of two months
from the figning of thefe prefents, or fooner, if poffi-
ble.
VOL. II.
T
In
(278)
In witness whereof, we have figned this prefent treaty
and caufed the feals of our arms to be affixed thereto,
Done at Hanover, the 3d of September, 1725.
(L. S.) Townsend.
(L. S.) Broglio.
(L. S.) Wallendrodt.
SEPARATE ARTICLE. No. 1.
WHEREAS the affair that lately happened in the
city of Thorn, and what has enfued thereupon,
have alarmed many princes and ftates, who apprenend
that, to the prejudice of the treaty of Oliva, diſturbances
may on this occafion arife, not only in Poland, but alſo
in the neighbouring countries, their Britannick, moft
Chriftian, and Pruffian Majefties, who, as gaurantees of
the faid treaty of Oliva, are obliged to fee it maintained
and obferved to all intents and purpoſes, do engage to em-
ploy their offices the moft effectually they can, to cauſe re-
paration to be made for what may have been done contrary
to the faid treaty of Oliva; and in order thereunto, their
faid Majefties will, in concert together, inform themſelves
by their Minifters in Poland, of the infractions that may
have been made of the faid treaty of Oliva, and of the
means by which the fame may be redreffed, in fuch way as
may entirely fecure the public tranquility againſt the
dangers to which it might be expofed, ſhould fo folemn a
treaty as that of Oliva be infringed.
SEPARATE ARTICLE. No. 2.
IF out of refentment, on account of fuccours which
his moſt Chriſtian Majefty may furnish to his Britan-
nick Majefty and to his Pruffian Majefty, to fecure
them from the disturbance which they might fuffer
in the territories they poffefs, the empire fhould declare
war against his faid moft Chriftian Majefty; as in this
cafe fuch a declaration would as well affect the moſt fe-
rene King of Great Britain, and the moſt ferene King of
Pruffia, whofe interefts would be the occafion of fuch a
war,
( 279
war, as his moft Chriftian Majefty; they not only will
fordear to furnish their quota in troops, or in any other
kind of fuccours whatever, even though their faid Britan-
nick and Pruffian Majefties fhould not be comprehended
and named in the declaration of war which the empire
fhould make againft France, but they will even act in
concert with his moft Chriftian Majefty, until the peace
diſturbed on that occafion be reſtored; his faid Britannick
Majefty exprefsly promifing, moreover, to execute in fuch
cafe the treaties he has concluded with his moft Chrif
tian Majefty, who on his part promifes faithfully to obferve
the fame.
IF
SEPARATE ARTICLE. No. 3.
F it ſhould happen, that, notwithſtanding his moſt
Chriftian Majefty's firm refolution to obferve exactly
all his treaties with regard to the empire, in thoſe things
in which there has been no derogation therefrom by the
prefent treaty, it ſhould be attempted on the part of the
empire to take any reſolution againſt France, to the pre-
judice of the general guarantee of poffeffions, as it is ſtipu-
lated by the treaty figned this day; his Britannick Ma-
jeſty and his Pruffian Majefty promiſe in ſuch caſe to em-
ploy their good offices, credit, and authority, the mott
effectually they fhall be able, either by their own votes,
and thofe of the princes in friendſhip with them at the
diet, or by all other proper means, to prevent any thing
being done contrary thereto: and if againft all expectation
and notwithſtanding all their endeavours, war fhould be
declared againſt France, on the part of the empire, al-
though in this cafe the fame being no longer a defenfive
one, they might not by its conftitutions be obliged to
furnish any quota; yet to remove all doubt between their
faid Majefties, if they ſhould think they could not be dif
penſed with from performing their duty as members of
that body, their faid Britannick and Pruffian Majelties do
referve to themſelves the liberties of furniſhing their quotas
of foot or horſe, of their own troops, or of fuch as they
fhall take into their pay from any other prince, at their
own choice; and their Britannick and Pruffian Majefties
I 1 2
fhall
( 280 )
280)
ſhall not, on account of fuch furniſhing their quotas, be
deemed to have acted contrary to the treaty figned this
day, which fhall contine in all its force: their Britannick
and Pruffian Majefties promifing not to furnish in fuch
cafe any other or greater number of troops againſt his
moſt Chriſtian Majefty, than what they are obliged to find
for their quota; and that they will in other refpects per-
form, in the cafes foreſeen, their engagements to his faid
moſt Chriſtian Majefty, who on his part ſhall not on
account of the faid quota exercife any hoftility against
the territories and fubjects of the faid moſt ferene King
of Great Britain, or the faid moſt ferene King of Pruffia,
in the empire, or elſewhere; nor demand, or pretend to
any contributions, forage, quarters, paffage or other
things at the charge of the faid countries and territories,
on any pretence whatfoever. In like manner, it fhall
alfo not be lawful for the faid territories, places, coun-
tries, and fubjects, to furnifh any of the faid things to the
enemies of his moft Chriftian Majefty; who does alfo
oblige himſelf and promife on his part, that if in the em-
pire refolutions ſhould come to be taken, like to thoſe that
are mentioned in this article, to the prejudice of the Kings
of Great Britain and Pruffia, his moſt Chriſtian Majeſty
will openly take their part, and will not fail to affift
them with all neceffary vigour, in purfuance of this treaty,
until the diſturbances, wrongs, and infractions, fhall en-
tirely ceaſe.
Theſe ſeparate articles fhall be of the fame force, as
if they had been inferted word for word in the treaty
this day concluded and figned: they fhall be ratified
in the fame manner, and the ratifications therefore ſhall be
exchanged at the fame time as the treaty. In witneſs
whereof, we have figned thefe articles, and have ſet
thereto the feals of our arms. Done at Hanover the
third of September 1725.
(L. S.) Townshend.
(L. S.) Broglio.
(L. S.) Wallendrodt.
}
A&
( 281 )
Att of the Acceffion of the United Provinces to the Treaty
of Defenfive Alliance, figned at Hanover on the 3d of
September 1725. Made at the Hague the 9th day of
Auguſt 1726.
In the Name of the Most Holy and Undivided Trinity.
WHEREAS their Majefties, the moft Chriftian King,
the King of Great Britain, and the King of Pruffia,
as well for cementing the ftrict union which fubfifts be-
twixt them, as for the fafety of their own kingdoms and
dominions, and alfo for the prefervation of the peace and
of the public tranquility, thought fit to enter into an
alliance with one another; the treaty for which purpoſe
was concluded at Hanover the 3d of September 1725,
together with three feparate articles, which were commu-
nicated to their High Mightineffes the Lords the States
General of the United Provinces of the Netherlands,
by the Marquis de Fenelon, ambaffador of France; by
Mr. Finch, envoy extraordinary of Great Britain; and
by the Sieur Meynhertfhagen, envoy extraordinary from
the King of Pruffia; who in the name of the Kings their
mafters jointly invited the faid Lords the States General to
accede to the faid treaty, and the feparate articles, con-
formably to the agreement in the feventh article of the
faid treaty, which with the feparate articles are here in-
ferted verbatim.
Fiat Infertio.
And whereas the faid Lords the States General, after
having feen and examined the ſaid treaty and its feparate
articles, have declared that they are fully fenfible of the
honour which their majefties did them by fo ready and
obliging an invitation to accede to the faid treaty; and
as at the fame time they acknowledge the care they took
in the making of this treaty, as well for the prefervation
of the public tranquility in general (without which the
peace of their republic cannot be fecure) as in parti-
cular for the maintenance of its commerce, without which
T
I S
it
(282)
it cannot fubfift; and as they are fully convinced more-
over, that the aim of this alliance does not at all tend to
give the leaſt infringement to any former treaty or alliance,
contracted either by them, or by any one of them; with
other princes or ftates, but that their intention is rather to
corroborate them; and that the grand view of this alliance
only tends to the uniting of themfelves the more cloſely
together, without giving offence to any perfon whatfo-
ever, for the gaurantee, protection, and maintenance of
all the dominions, countries, and towns, in or out of
Europe, which each of the allies fhall be actually in pof-
feffion of at the time of the figning the faid treaty, as well
as of the rights, immunities, and advantages, particularly
thofe relating to commerce, either in Europe or cut of it,
which each of the allies enjoyed at the time of the ſigning
of the faid acceffion.
Moreover, the faid Lords the States General being firmly
perfuaded, that by their acceffion to the faid treaty of
Hanover, it is not required of them that they fhall under-
take the general guarantee of the treatics of Weftphalia
and Oliva, mentioned in the fifth article of the treaty of
Hanover, and in the firft of the feparate aritcles, to which
general guarantee they were never engaged: but that their
guarantee in this refpect extends only to the rights and
poffeffions, which the high allies, or any one of them, have
acquired by thofe treaties, and which they erjoy at the
time of the figning.
And as to the affair of Thorn, mentioned in the firſt
of the feparate articles of the treaty of Hanover, as they
only engage to employ their amicable offices jointly with
the high contracting powers, to obtain a reaſonable fatisfac-
tion and reparation for the infraction of the treaty of Oliva;
and in cafe thofe amicable offices be employed without
effect, and it should be thought neceffary to do any thing
further, then their High Might ineffes fhall be at full
liberty of giving their thoughts, without being obliged to
any thing more than gocd offices, uulels they renew
their agreement.
Finally, fince this alliance has a particular view to the
eſtabliſhment of an intire confidence between the con
tracting parties, and the Lords the States General, fup-
poling
( 283 )
pofing that the allies will with all confidence mutually
communicate their thoughts to each other about the ways
and means which fhall be thought molt effectual in cafe of
need, for preferving and maintaining the poffeffions and
rights abovementioned, as well thofe relating to commerce
as others, in Europe or out of Europe.
And whereas in full perfuafion and firm confidence,
that fuch is the real aim and intention of their faid ma-
jefties, the faid Lords the States General, to give a mark
of their defire to unite clofely with them, and of their
high esteem for their friendſhip and alliance, have re-
folved to accede to the treaty, and the feparate articles
abové inferted: and have for this end appointed the Sieurs
Chriftian Charles, Baron de Lintelo, Lord of Effe, bailiff
of Lochum, and droffart of Bedovors; Arnold de Zuylen
de Nievelt, late burgomaſter and fenator of the city of
Rotterdam, ruart of the territory of Putten, bailiff and
dykegrave of Scieland; Ifaac van Hoornbeeck, penfionary
counfellor of the ftates of the province of Holland and
Weftfriesland, keeper of the great feal, and fuperinten-
dant of the fiefs of the faid province; Nicholas Henry
Noey, late burgomafter of the town of Tholen; Gerrard
Godard Tats van Ameronge, knight of the Teutonick or-
der, and a commander of the faid order at Doesburg,
great huntfman of the province of Utrecht; John Abra-
ham van Schurman, burgomafter and fenator of the town
of Slot; Everard Roufe burgomafter of the town
of Deventer; and Lambert Henry Emmer, fecretary of
Groningen, all deputies in the affembly of the faid Lords.
the States General, on the part of the ftates of Guelder-
land, Holland, and Weftfriesland, Zealand, Utrecht, Frief-
land, Overyfiel, Groningen, and Ommelands: and have
furniſhed them with full powers to agree about that accef-
fion with the Marquis de Fenelon, plenipotentiary of his
moſt Chriſtian Majefty, Mr. Finch plenipotentiary of
his Majefty the King of Great Britain; and M. Meynertf-
hagen, plenipotentiary of His Majefty the King of Pruffia,
likewife vefted with full powers.
Who after having had a conference together, came to
the following agreement; that the faid Lords the States Ge-
neral fhall accede (as the faid deputies and plenipoten-
T 4
tiaries
( 284 )
taries have declared that they do accede, in their name,
and on their behalf) to the faid treaty and feparate articles,
engaging themſelves to their faid Majefties in every thing
that is therein contained, in the fame manner as if
they had contracted with them from the beginning. And
their High Mightineffes acknowledging their end and
intention to be fuch as is expreffed above, their faid
Majefties will accept of their High Mightineffes accef-
fion, as the faid ambaffadors, minifters, and plenipoten-
tiaries have declared, that they do accept of the ſaid
acceffion, in the name, and on the behalf of their faid
Majefties, engaging themfelves to their High Mighti-
neffes in every thing that is contained in the faid trea-
ry and ſeparate articles, in the very fame manner
if they had contracted with their Majefties from the be-
ginning.
as
The fuccours which their High Mightineffes are to
furniſh in caſe of need, not having been regulated by
the treaty, it is agreed that the fame fhall be four thou-
fand foot, and one thoufand horfe. For clearing up
of the 6th article of the treaty, it is declared, that af-
ter the expiration of the fifteen years therein men-
tioned, the whole fhall fall in with the terms of pre-
ceding treaties, as they fubfift between the high con-
tracting powers, and eſpecially with the terms of the
alliance ftipulated in the year 1717.
This prefent treaty for the acceffion of the States
General ſhall be approved and ratified by their Ma-
jefties the moſt Chriſtan King, the King of Great Bri-
tain, and the King of Pruffia, and by the Lords the
States General of the United Provinces of the Nether-
lands, and the ratifications fhall be produced here at
the Hague, within the fpace of two months from the
day of figning thefe prefents, or fooner, if poffible.
In witness whereof, we the underwritten plenipotentia-
ries conftituted for the purpoſe aforefaid, and vefted
with the full powers of their Majefties the moſt Chriſ-
tian King, the King of Great Britain, the King of Pruf-
fia, and the faid Lords the States General, have figned
the prefent treaty, and caufed the feals of our arms
to
( 285 )
to be thereto affixed.
of Auguſt 1726.
Done at the Hague, the 9th day
Signed.
(L. S.) The Marquifs de Fenelon.
(L. S.) W. Finch.
(L. S.) C. C. de Lintelo.
(L. S.) A. v. Zuylen van Nievelt.
(L. S.) If. Van Hoornbeck.
(L. S.) N. J. H. Noey.
(L.-S.) A. v. Schurman.
(L. S.) Everard Rouſe.
(L. S.) L. H. Emmer.
SEPARATE and SECRET ARTICLE.
THE
THE Lords the States General having reprefented that
it may happen, that in revenge for their acceffion
figned this day, they may be attacked or difturbed, in
fuch manner that they may be obliged to have recourſe
to arms for their defence, and that then the time neceffary
to wait for the fuccefs of the offices which fhall be em-
ployed, when, and not before, their allies are obliged to
furnish them with the fuccours ftipulated by the third ar-
ticle of the treaty of Hanover, may be a confiderable pre-
judice to them, and leave them expofed to the moſt vigo-
rous attacks, without being fuccoured by the princes their
allies; their moft Chriftian, Britannick, and Pruffian Ma-
jefties, in order to give the Lords the States General a
fresh proof of their concern for the preſervation of their
republic, have been pleafed to engage and promife, that
in the cafes aforefaid, which may put the faid republic
in evident danger, they will furnish the fuccours ftipu-
lated by the third article abovementioned, even without
waiting for the iffue of the offices and inftances which they
ſhall ſet on foot with the agreffor, to procure the fatis-
faction or reparation required.
This article fhall remain fecret, and have the fame
force as if it were inferted verbatim in the treaty this day
concluded and figned: It fhall be ratified in the fame
manner, and the ratifications fhall be exchanged at the
fame time as the treaty. In witneſs whereof, we the
underwritten, being appointed plenipotentiaries by virtue
of
( 286 )
of the full powers of their Majesties the moft Chriftian
King, the King of Great Britain, the King of Pruffia,
and of the Lords the States General of the United Pro-
vinces, have figned the prefent article, and cauſed the
fal of our arias to be thereto affixed. Done at the
Hague, the 9th of Auguſt 1726.
Signed,
(L. S.) The Marquis de Fenelon.
(L. S.) V. Finch.
(An by the fame deputies who figned the act
of the acceffion.)
DECLARATION:
W
HEREAS in the firft arricle of the treaty figned at
Hanover on the 3d of September 1725, betwixt
their Majefties the moft Chriftian King, the King of Great
Britain, and the King of Proffia, among other cafes there
is mention of the examination to be made of what is pro-
per for maintaining the balance of power, neceffary to be
preferved in Europe for the fake of pesce in general;
the deputies of the States General of the United Provinces,
with the confent of the Minifters of the three contracting
powers, have reſerved it to themfelves, that when their Ma-
jefties think it neceffary to concert together, and to adver-
tife the faid States General concerning fuch points as relate
to the maintenance of a balance of power in Europe, the
Lords the States General fhall in every particular propofed
for their concert, retain the fame liberty they had before
their acceffion to the faid treaty, without being obliged by
their acceffion to engage in any mealures which they fhall
not agree to.
This declaration fhall be ratified in the fame manner,
and the ratifications thereof thall be exchanged at the
fame time as thofe of the treaty, of which we the under-
written who are conftituted plenipotentiaries, by virtue of
the full powers of their Majefties, the moſt Chriſtian
King, the King of Great Britain, the King of Pruſſia,
and the Lords the States General of the United Pro-
vinces, have figned the prefent declaration, and have
caufed
(287)
caufed the feals of our arms to be thereto affixed. Done
at the Hague, the 9th of Auguſt 1726.
Signed,
(L. S.) The Marquis de Fenelon.
(L. S.) W. Finch.
TH
(And by the fame deputies who have figned the
act of acceffion.)
SEPARATE ARTICLE,
HOUGH it is clear and indisputable, that their
High Mightineffes the Lords the States General of
the United Provinces of the Netherlands, by the fifth
and fixth articles of the treaty of Munfter, in the year
1648, made between Spain and the repubick of the
United Provinces, have acquired a right which excludes
the fubjects of the Auftrian Netherlands, as well as the
fubjects of all other countries, which at that time confti-
tuted a part of the Spanish monarchy, from navigation
and commerce to the Indies within the limits of the pri-
vileges or charter granted by the faid Lords the States Ge-
neral to their Eaft and Weft-India companies; and that
this right by confequence falls evidently under the guaran-
tee of the rights to which the allies are mutually engaged
by virtue of the 2d article of the treaty, concluded at
Hanover the 3d of September 1725: nevertheleſs, in or-
der to remove all manner of doubt and fcruple upon that
head, the underwritten ambaffadors, envoys extraordinary,
and plenipotentiaries of their moft Chriftian and Britan-
nick Majefties, at the requeft of the underwritten deputies,
plenipotentiaries of their High Mightineffes, have been
pleafed to declare, as they do by thefe prefents declare,
in the name and on the part of their majefties, that the
faid right refulting from the 5th and 6th articles of the
treaty of Munſter, is included in the rights which the
allies guarantee by the fecond article of the treaty of
Hanover; and that if by reafon of the exercife of fueh
right, or in revenge for this alliance, any miſunderſtand-
ing fhould happen, and his Imperial Majefty, contrary
to expectation, fhould fufpend or ftop the payment of
the fubfidies due to the republic for the maintenance
of
( 288 )
of their troops in the barrier places, or the payment of
the interefts and the principal fums borrowed upon divers
funds affigned by his Imperial Majefty for the fecurity
of the faid payment, or if he fhould make ufe of any
fort of reprifal or violence, that then it is their faid ma-
jefties intention, that the allies fhall protect and maintain
the faid Lords the States General, comformably to the al-
liance to which they have this day acceded, and ſhall with-
out delay concert the moſt effectual and proper means
for maintaining the faid Lords the States General in this
right, and in the exerciſe thereof, and fhall guarantee them
againſt all confequences refulting from the fame; but fo
as not to proceed to violence againſt the Oftend company,
in the Indies or elſewhere, before the contracting powers.
of this alliance have concerted what to do thereupon.
This feparate article fhall be of the fame force as if it
had been inferted word for word in the treaty concluded
and figned this day: it fhall be ratified in the fame man-
ner, and the ratifications fhall be exchanged within the
fame time as the treaty. In witneſs whereof, we the un-
derwritten, conftituted plenipotentiaries, by virtue of full
powers from their majefties, the moft Chriftian King, the
King of Great Britain, and the Lords the States General,
have figned the prefent article, and thereto caufed the feals
of our arms to be affixed. Done at the Hague, the 9th
of Auguſt 1726.
(Signed by the two minifters of France and England,
and alfo by the deputies, as above.)
TH
DECLARATION.
HE deputies of the Lords the States General of
the United Provinces, having communicated to
the minifters of their majefties the moft Chriftian King,
the King of Great Britain, and the King of Pruffia, the
refolution taken by their High Mightineffes to accede
to the treaty of Hanover, according to the invitation
made to them by the faid minifters on the part of their
majefties; and having added, that they the faid depu-
ties were vefted with a full power, and that they were
ready to proceed to the conclufion and figning of the
treaty
¡
(289)
treaty and ſeparate articles drawn up upon their ac-
ceffion.
The Marquis de Fenelon, plenipotentiary of his moſt
Chriſtian Majefty, and Mr. Finch, plenipotentiary of his.
Britannick Majefty, have declared, that they alſo were
vefted with full powers, and that they were ready to con-
clude and fign; but the Sieur de Meynhèrtfhagen, mini-
fter of his Pruffian Majefty declaring, that he had not
yet received orders for the full powers to the fame end
from the king his mafter, the plenipotentiaries of their
moſt Chriſtian and Britannick Majefties, as alfo the de-
puties and plenipotentiaries of the Lords the States Ge-
neral, confidering that there was no more time to be loft,
and that every farther delay in completing the acceffion of
the republic to the treaty of Hanover, could not but
be diſadvantageous to the end propoſed by the ſaid trea-
ty; and at the fame time there being no reason to boubt,
that his majesty the king of Pruffia will likewiſe au-
thorize his minifter to fign the treaty of acceffion, and
ſeparate articles: in confideration, and in firm confi-
dence hereof, they have proceeded to the figning of the
preſent treaty and feparate articles, leaving a space
for the minifter of his majesty the King of Pruffia to
fign in like manner, as foon as he has received his full
power.
Nevertheleſs it is agreed and ftipulated, by this feparate
article, that if, contrary to expectation, his majesty the
King of Pruffia doth not come to fuch refolution, the
faid treaty and feparate articles fhall, however, be of
force, and put in execution by the contracting powers,
in all their claufes, in the manner which has been ftipu-
lated, and that the ratifications thereof fhall be exchanged
in the time ſpecified.
In witnefs whereof, we the underwritten, who are ap-
pointed plenipotentiaries, by virtue of the full powers
of their majefties the moſt Chriſtian King, and the King
of Great Britain, and the Lords the States General, have
figned the prefent article, and caufed the feal of our arms
to be thereunto affixed. Done at the Hague, the 9th of
Auguſt 1726.
(Signed by the minifter and deputies as above.)
Ac-
( 290 )
Accffion of the King
and Kingdom of Sweden to the
Treaty of Hanover. Dated at Stockholm the 14th of
March 172.
B
In the Name of the most Holy Trinity.
·
E it known unto all and every one to whom it doth
or may appertain, that his majesty the moſt ferene
King of Sweden, having been amicably invited, on the
part of their majefties the moft ferene kings, the King
of Great Britain, the moft Chriftian King, and the
King of Pruffia, by their minifters, to accede to the de-
fenfive alliance which their majefties concluded at Han-
over the 3d of September 1725, and to the three feparate
articles annexed thereunto; which, as well as the faid al-
liance, have the maintaining and preferving of the pub-
lick tranquility, and particularly that of the North for
their only object, the tenor whereof is as follows.
Fiat Infertio.
And his majesty the moſt ferene King of Sweden be-
ing always difpofed to concur in fo falutary a view, and
being defirous to thow how agreeable this invitation was
to him, has authorized, by his full power, in due form
his commiffaries, the underwritten fenators of the king-
dom of Sweden, and members of the chancery, to enter
into conference with the underwritten minifters plenipo-
tentiaries, from their majefties the King of Great Bri-
tain and the moft Chriftian King, provided with like
full powers, for negotiating and agreeing upon the ac-
ceffion of his majefty the king, and the crown of Swe-
den, to the faid treaty of alliance concluded at Hano-
ver, and to draw up and fign an act in form for that
purpoſe; the faid minifters plenipotentiary and com-
miflaries having been in conference feveral times upon
that fubject, and having produced their full powers on
each fide, agreed upon what follows.
His majefty the moft firene king, and the crown of
Sweden, declare and promife, that his faid majefty, his
heirs and fucceffors, do full accede to the defenfive al-
lince concluded at Hanover, and here above inferted;
as
( 291 )
{
as likewiſe to the three feparate articles that are there-
unto annexed; and that his majefty and the crown of
Sweden, by virtue of this folemn acceffion, do join and
affociate themſelves as a principal contracting party to
their majeſties the mft fer-ne kings, the King of Great
Britain and the moft Chritian King, bliging and en-
gaging themſelves towards their iad maj fties, their heirs
and fucceffors, joinly and feparately, to bferve and
fulfil faithfully and effectually all the conditions and
clauſes comprehended in the faid treaty of a defenfive
alliance, and the three feparate articles thereof, and to
furniſh, when the cafe of the alliance hall happen, a
fuccour of three thoufand foot, and two thoufand horfe,
according to the obligations of the treaty: the whole in
fuch manner, and as faithfully, as if his majefty and
the crown of Sweden had been a principal contracting
party from the beginning, with the abovefaid moft fe-
rene confederate kings, and had concluded with their
faid majefties jointly or feparately the articles and con-
ditions expreffed in this defenfive alliance, and the fe-
parate articles thereof.
Their majefti s the moſt ferene kings, the King of
Great Britain and the moft Chriſtian King, do admit
and affociate his majefty and the crown of Sweden to
the abovefaid treaty of Honover; as likewife to the
three ſeparate articles which are thereunto annexed, as
a principal contracting party; declaring and promifing,
on their part, that their majefties, their hiers and fuc-
ceffors, will obferve and fulfil jointly and feparately,
faithfully and effectually, with refpect to his majefty the
moft ferene king and the crown of Sweden, all the con-
ditions and claufes contained in the faid defenfive al-
liance and the feparate article thereof.
This act of acceffion fhall be approved and ratified,
on the part of their majeſties the King of Great Britain,
and the moſt Chriſtian King, and of his majefty and the
crown of Sweden; and the ratifications thereof fhall be
exchanged in the fpace of two months, to be reckoned
from the day of the figning this prefent act, or fooner, if
poffible.
In
( 292292
)
In witneſs whereof, we, by virtue of our refpective full
powers, have figned this prefent act, and have fet our
feals thereunto. Done at Stockholm, the 14th day of
March 1727. O. S.
A
(L. S.) S. Poyntz.
(L. S.) M. 7. de Garde.
(L. S.) A. Baneer.
(L. S.) Clas Ekeblad.
(L. S.) J. V. Duben.
(L. S.) D. N. Von Hopken.
(L. S.) J. H. Von Kochen.
SEPARATE ARTICLE.
LTHOUGH by the act of acceffion and admiffion
figned this day, his Majefty and the crown of
Sweden accede purely and fimply to the treaty of Han-
over, the minifters plenipotentiary of their Britannick
and moft Chriftian Majefties have however agreed with
the commiffaries of his faid majefty, to the exceptions and
articles which follow.
I. As the defenfive alliance concluded at Hanover the
3d of September 1725, has no other view but the peace
and tranquility of Europe, and particularly that of the
North, their majefties the king of Great Britain, and the
moſt Chriſtian King, as likewife his majefty the king and
the crown of Sweden declare, that, being not engaged by
any treaties or conventions with other powers that are con-
trary to this alliance, the faid treaties and conventions
ſhall not be weakened by this acceffion, but ſhall remain
in their full force: and their majfties declare, at the fame
time, that they are, at prefent, and fhall continue always
in a firm refolution to keep and fulfil, inviolably, all that
has been ſtipulated by the abovefaid alliance of Hanover;
obliging themſelves, on each fide, to obferve faithfully all
the engagements entered into by the prefent treaty of ac-
ceffion, and the feparate articles and fecret one thereof,
without neglecting or violating the fame in any wife, un-
der the pretence of former treaties and engagements, or un-
der any other pretence whatfoever.
II. His
[293]
II. His majefty and the crown of Sweden having no
poffeffions at prefent out of Europe, referve to themfelves
that their guarantee fhall not be extended beyond the
bounds of Europe.
III. The king and the crown of Sweden having fhewn
that they defire not to be under the obligation of fending
the troops ftipulated on their part in the act of acceffion
to the treaty of Hanover, and by the fecret article of the
prefent treaty of acceffion, into countries too far off, it
is agreed, among the contracting parties, that, when the
cafe of this preſent treaty fhall happen, the faid troops
fhall not be employed in Italy, or in Spain, but they may
any where elfe; their Britannick and moft Chriftian Ma-
jefties preferving always the right of demanding the con-
tingent five thousand men, ftipulated on the part of the
king and of the crown of Sweden, in the act of their
acceffion to the treaty of Hanover, in money or in
ſhips, purſuant to what is fettled in the faid treaty of
Hanover.
IV. His majefty and the crown of Sweden, in order
to remove all poffibility of doubt, with reſpect to the acts
mentioned in the fifth article of the treaty of Honover, as
having determined concerning the affairs of the empire,
declare, that, by the faid acts, they understand no other
than thoſe which have been received and approved by the
ftates of the empire in the ufual manner.
V. His majeſty and the crown of Sweden declare, that
they accede to the two laft feparate articles of the treaty
of Hanover, as finding nothing therein contrary to the obli-
gations wherewith his faid majefty is bound to the Empe-
ror and the empire, as a prince of the empire.
VI. As by this acceffion his majefty the king and the
crown of Sweden, enter into no engagements with any
other power whatfoever, except thofe that are comprehend-
ed by name in the treaty of Hanover, and whofe mini-
fters fign theſe prefents, their majefty the King of Great
Britain, and moft Chriftian King, as likewife his faid ma-
jefty and crown, do promiſe each reciprocally, not to
enter, without the knowledge of each other, and with-
out mutual concurrence, into any engaginents with any
other power, that may be contrary to this treaty and thefe
VOL. II.
U
A
fepa-
↑
( 294 )
}
!
feparate articles and fecret one, or invalidate the fame in
any wife.
Their Britannick, moft Chriftian and Swedish majef-
ties have agreed, and do promife each other recipro-
cally, that if, in hatred of this prefent treaty, or under
any other pretext equally unjust, they ſhould be attacked,
infefted or troubled, jointly or feparately, by any power
whatſoever, they will make it a common caufe against the
aggreffor; and they will mutually fuccour and affift each
other faithfully, and in the moft ready and effectual way,
according to the exigency of the danger, and according to
the ſituation of their affairs, reſpectively, without excufing
themſelves, under pretence of being in war themfelves, or
under any other pretence whatfoever.
TH
SECRET ARTICLE.
HEIR Britannick and moft Chriftian Majefties,
to fhew their friendſhip towards the king and crown
of Sweden, promife and engage, by virtue of this prefent
fecret article, to pay at Hamburg, Amfterdam, or Lon-
don, as Sweden fhall chufe each, for three years fucceffive-
ly, the fum of 50,000 l. fterling a year, or the value there-
of, according to the exchange, to be paid in two payments
each year, from fix months to fix months, by way of ad-
vance; and whereof the firft payment for the prefent year
fhall be made immediately after the exchange of the ratifi-
cations; and the fecond payment, for the fame year, a
little while afterwards, and as foon as the neceffary difpo-
fitions can be made for that purpoſe; the third payment to
begin a year after the exchange of the ratifications; and
fo the reft from fix months to fix months.
His majefty and the crown of Sweden oblige themfelves,
and promife, on their fide, by this article, to hold in
readinefs, befides the fuccour agreed upon by the act of
this prefent acceffion, a further body of 7,000 foot, and
3,000 horfe, to be emyloyed where the cafes of the al-
liance fhall render it neceffary.
Provided, that when their Britannick and moft Chriftian
Majesties fhall require the fervice of thefe 10,000 men,
they fhall be in their pay, and not in that of the King of
Sweden; which pay, as well as what concerns the recruits
and
( 295 )
and other matters depending thereon, fhall be then ſet-
tled by a particular convention; his majefty and the crown
of Sweden referving to themſelves the right of recalling
this body of troops, or of not fending it out of the king-
dom, at ſuch times when any real and imminent danger
ſhall render it neceffary for the defence of their own do-
minions and provinces.
Theſe ſeparate articles, and the fecret one, fhall have
the fame force as if they had been inferted word for word
in the act of acceffion, concluded and figned this day;
they fhall be ratified in the fame manner, and the ratifi-
cation thereof fhall be exchanged at the fame time with
thofe of the act of acceffion.
In witneſs whereof, we, by virtue of our refpective full
powers, have figned the preſent feparate articles, and the
fecret one, and have fet our feals thereunto. Done at
Stockholm, the 14th of March, O. S. 1727.
(L. S.) S. Porntz.
(L. S.) M 7. de la Garde.
(L. S.) A. Barneer.
(L. S.) Clas Ekeblad.
(L. S.) J.V. Dubend.
(L. S.) D. N. Von Hopken.
(L. S.) J. H. Von Kochen.
Treaty of Alliance between Great Britain, France, and
Denmark, April 16, 1727.
W
HEREAS their majeſties the King of Great Bri-
tain and the moft Chriftian King are always at-
tentive to fulfil their engagements, and to watch over the
quiet and fecurity of their friends and allies; and as their
faid Majefties have really caufe to believe, that the Mufco-
vites and their adherents may foon concert means, and
make difpofitions to come and attack the dominions of his
majefty the King of Denmark, either to take away by force
from his Danish Majefty the duchy of Slefwick; or to
prepare the means for executing other projects contrary
to the tranquillity of the North, and of the Lower Saxony,
and of the countries which are of concern to the con-
tracting
U 2
(296)
tracting parties in the circle of Weftphalia; and as their
Britannick and moſt Chriſtian Majefties are ſo much con-
cerned in intereſt to take due precautions againſt every
thing that by troubling the peace of the faid countries, may,
at the fame time, give a blow to the treaty of Hanover,
as it efpecially confirms the treaties of Weftphalia; and
to put themſelves in a condition to execute faithfully the
guarantees given againſt any invaſion or hoftility on the
part of the Czarina, or of any other power whatſoever,
which fhould come and attack the duchy of Slefwick:
their Britannick, moft Chriftian and Danish Majefties.
have thought fit to give their full powers, that is to fay,
his Britannick Majefty to John Lord Glenorchy, knight
of the order of the Bath, and envoy extraordinary from
his majeſty the King of Great Britain to his majesty the
King of Denmark; his moft Chriftian Majefty to Peter
Blouet, Count of Camilly, knight of the grand crofs of
the order of St. John of Jerufalem, captain of the ſhips
of his moſt Chriſtian Majefty, and his ambaffador pleni-
potentiary to his majefty the King of Denmark; as like-
wife his Daniſh Majefty to his minifters, viz. Ulrick A-
dolph of Holſtein, Count of Holftenburg, knight of the
order of the Elephant, great chancellor, privy coun-
fellor of the council, and chamberlain to his majefty
the King of Denmark; John George of Holſtein, Lord
of Mollenhagen, knight of the order of the Elephant,
privy counſellor of the council, and governor of the
bailywick of Tondern, for his majesty the King of Den-
mark; and Chriftian Lewis of Pleffeu, Lord of Tufingoe,
Silfoe and Glorup, knight of the order of Dannebrog,
and privy counfellor of the council of his Majesty the
King of Denmark; who, having maturely weighed the
circumſtances of the times, and the dangers which threaten
the dominions of his Danish Majefty, and which may
trouble the quiet of Lower Saxony, and of the coun-
tries abovementioned, have agreed upon the following
articles.
I. His Danish Majefty being wholly perfuaded, that
their Britannick and moft Chritian Majefties will fulfil
the engagments and guarantees given, with respect to
the dutchy of Slefwick, and that they will ufe all the
efforts
(297)
1
efforts imaginable to maintain the quiet of the Lower
Saxony; his Daniſh Majefty to concur in the ſame end,
promiſes to keep on foot a body of troops of 24,000 men,
their officers, equipages, and artillery, which fhall af
ſemble without any delay, in the place that fhall be the
molt proper; and ſhall march every where, as it ſhall
be needful, upon the firſt certain advices which fhall
be received of the motion of the Mufcovite troops, or of
any other power whatſoever which fhall come to attack
Slefwick, and to trouble the quiet and tranqillity of the
Lower Saxony, and of the provinces belonging to the
high contractors in the circle of Weftphalia.
-
II. His Danish Majesty further obliges himfelf, when
the faid body of troops of 24,000 men comes to march,
to have on foot at the fame time another body of 6,000
men, defigned to re-inforce the former body, if there be
need.
III. And, towards helping, at prefent, his Daniſh Ma-
jefty to fupport the expence he will be obliged to make
for fulfilling the engagements fpecified in the precedent
articles, his moft Chriftian Majefty promifes to cauſe to
be paid to his Danish Majefty an annual fubfidy of
350,000 rixdollars, current money of Denmark: which
fhall be continued for the ſpace of four years, to be recko-
ned from the day of the ratification of this prefent treaty,
and ſhall be paid exactly every three months, by way of
advance, at Hamburg.
IV. His moft Chriftian Majefty promifes further, in
order to eafe his Danish Majefty of part of the charge he
will be at, in cafe the faid 24,000 men fhould be put
in march towards the place of rendezvous, to take
12,000 men into his pay, in fuch manner that, as the
defence of the King of Denmark is their firſt con-
cern, his moft Chriflian Majefty fhall not pay them but
on the foot of 9,000, in the fame proportion as his
Danish Majefty gives to his troops when they are in
the field, as well for the pay of each reigment of
foot and horſe, as for that of the ſtaff-officers of each
regiment, of the general field officers, and of the artil-
lery, in proportion to the number of 12,000 men of
U 3
his
(298)
his troops, officers, and other perfons neceffary for his
fervice.
V. The pay in the manner it is juft now expreffed,
ſhall not begin to be on the account of his moft Chrif
tian Majefty, but from the day of the firſt review which
fhall be made before his majeſty's commiffary general,
when the troops fhall be drawn together in a body, as an
army in order to take the field; the first month fhall be
paid by way of advance, and fo from month to month, as
long as the faid troops fhall be in the pay of his moſt
Chriſtian Majefty.
VI. And although his moft Chriftian Majefty might
with juſtice, pretend, that the fubfidy fhould ceafe on the
day that the pay commences; however, as it may hap-
pen that the payment of theſe troops might begin be-
fore the King of Denmark could receive any effectual
fuccour from the faid fubfidy, his moft Chriſtian Ma-
jefty is willing to confent, that, if the faid pay of the
troops fhould commence before the King of Denmark
fhould have received two years of the fubfidy, then he
will continue the fubfidy as long as is neceffary, to the
end that the King of Denmark may always have two years
of the fubfidy, what was paffed, and what was to come,
being reckoned; and if, after the faid two years, the faid
troops fhould remain no longer in the pay of his moft
Chriſtian Majefty, then the fubfidy ftipulated in the third
article fhall continue to be paid to his Daniſh Majeſty to
the end of the four years, which is the term of the
ſent treaty.
pre-
VII. His moft Chriftian Majefty will, when he ſhall be
required to do it, fend a commiffary upon the place
to affift at the review which fhall be made of the faid
troops in order to march; the faid commiffary fhall
likewife take the names of the regiments which fhall
then go into the pay of his moft Chriftain Majefty; he
fhall examine whether they are duly equipped, mounted
and armed; the giving of the vacant commiffions, and
the adminiſtration of juftice, fhall as before, be done
by his Danish Majefty: the commiffary general from
his majefty fhall affift at all the confultations for the mi-
litary
( 299 )
litary operations; and, although it is not poffible to de-
termine beforehand as to any cafe of war, which doth
not yet, exift, it is however agreed in genereal, that the
twelve thouſand men of the troops in the pay of his
moſt Chriſtian Majefty, on the foot of nine thouſand
men, fhall be treated in all things with a perfect equa-
lity, as the twelve thouſand men entirely in the pay of the
King of Denmark.
VIII. If it happens that his faid moſt Chriſtian Majeſty
fhould not think that he has any more need for the fuc-
cour of his allies, to continue the payment of the faid
troops, he fhall be obliged to give his Daniſh Majeſty
notice thereof two months before.
IX. His Britannick Majeſty on his fide, fhall hold in
readineſs to march a body of twelve thouſand men, to be
joined to the taventy-four thousand men of the Daniſh
troops abovementioned, upon the firſt certain advice
which fhall be received of the motion of the Muscovite
troops, or of thofe of any other power whatſoever, that
thall come to attack Slefwick, and trouble the quiet and
tranquillity of the Lower Saxony.
XI. His Danish Majefty having given his Britannick
Majeſty to underſtand, that, being engaged by this pre-
fent treaty to march a confiderable body of troops into
the Lower Saxony, his maritime provinces will lie expofed
to the enterprizes of his enemies; his Britannick Ma-
jefty being always difpofed to provide, according to his
engagments, as a good and faithful ally, for the fecurity
of the dominions of his Danish Majefty, promiſes and en-
gages to fend to the fuccour of his Daniſh Majefty upon
the first advices of the motions of the Mufcovite fleet,
which fhall give juft occafion for fear, a fufficient fqua-
dron of good fhips of war, to help to cover the fea coafts
of his Danish Majefty, and to hinder the Muscovites.
from attacking the fame.
XI. And although their Britannick and moft Chriftian
Majefties are not obliged to any fixed fuccour for the King
of Denmark; however, as they defire to keep at a diſtance
from the dominions of that prince all invalion, the
confequence whereof would be doubtlefs to kindle the
fie of a war in violation of the treaty of Hanover, as
U A
like.
(
300 )
likewife of the treaties of Weftphalia; which would
oblige them to come to the fupport of their guarantees,
and to the fuccour of their allies, who might be attacked,
or in danger of being fo; to this end his moft Chriftian
Majefty engages to hold always in readineſs a body,
at leaſt, of thirty thouſand men; which body ſhall be
deftined, whenever his faid majefty fhall be required, to
march to every place where it fhall be needful, and as it
fhall be agreed; or to make diverfions, or other opera-
tions neceffary for the common advantage, and for the
fecurity of his allies in the empire or in the North; and
at the fame time, his Britannick Majefty engages to hold
likewife in readineſs another body of troops, which must
not be less than twelve thouſand men, to be deftined, in
the fame manner, for marching every where, as it fhall
be needful, and as it fhall be agreed, either to make di-
verfions or other operations neceffary for the fecurity
of his allies in the empire or in the North, as the
cafe fhall require.
XII. As the Mufcovites or other troops that may join
them to come and attack the dominions of the King of
Denmark, in order to take from him the duchy of Slef-
wick, may endeavour to paſs through the countries fubject
to the King of Pruffia, which the allies perfuade themſelves
that this prince will not fail to refufe; in cafe therefore,
that the Czarina, or any other power whatſoever, ſhould
endeavour to force the paffes through the territories of
the King of Pruffia, or attack him, or occafion any in-
jury or damage to him, by reafon of the refuſal which
his majefty might give to the letting the Mufcovites, or
other adherents as abovefaid, pafs through his countr es;
then the contracting Kings fhall caufe their joint army
to march to the fuccour of the King of Pruffia, and fhall
make war upon thofe who fhall have invaded or troubl-
ed him, unt 1 the attack and danger fhall ceafe, and the
injury and damage be repaired.
XIII. The ratifications of the prefent treaty fhall be
exchanged at Copenhagen in fix weeks, to be reckoned
from the day of the figning of this treaty, or ſooner,
if poffible.
In
( 301 )
(301
In witneſs whereof, we have figned this treaty, and have
fet the feal of our arms thereunto. Done at Copenhagen,
this 16th day of April, in the year 1727.
(L. S.) Glenorchy.
Seperate and facred Articles belonging to the Treaty with Den-
mark, April 16, 1727.
Aly
LTHOUGH his moft Chriftian Majefty might juft-
ly pretend, that the troops which he takes into his
pay ought to take an oath to him; however, his Daniſh
Majefty having refolved to command in perfon the confe-
derate army, it is agreed, in confideration of his Daniſh
Majefty, to rely in that matter on his royal word, for
acting purſuant to the engagements which he has entered
into by the treaty figned this day; but if it fhould hap-
pen, that his Daniſh Majeſty ſhould change his refolution
abovefaid, and that the contracting kings fhould find it re-
quifite to feparate the body of troops, for the advantage of
the common caufe, then the faid troops, in the pay of his
moſt Chriſtian Majefty, fhall take the oath to him in the
ufual form.
2. As their Britannick and moft Chriftian Majefties have
made extraordinary efforts for the interefts of the King of
Denmark, his Daniſh Majefty promifes not to difpofe of
any part of his troops, either directly or indirectly, con-
trary to the interefts of their Britannick and moft Chriftian
Majefties; and it is agreed, that, as long as this treaty laſts,
his Daniſh Majefty fhall not give or fell any part of his
troops to any power whatſoever, till after the fame has been
concerted with their Britannick and moft Chriftian Ma-
jefties, againſt whofe interests he promiſes to do nothing;
engaging himſelf likewife to oppofe, every where, where
it fhall be needful, every thing that may be done or pro-
jected contrary thereto, by any power whatfoever; which
their Britannick and moft Chriftian Majefties promiſe re-
ciprocally.
3. It is agreed, that if his moft Chriftian Majeſty ſhould
defire to employ the twelve thouſand men which he pays
on the foot of nine thoufand, for affairs which having no
refpect to the fecurity of the King of Denmark fhould only
concern
(302
302 )
concern the good of the fervice of his moft Chriftian Ma-
jeſty, or that of the alliance of Hanover, in fuch caſe
the King of Denmark fhall not make any difficulty to
give them for the fervice of his moſt Chriſtian Majeſty;
and a convention fhall be made, for that purpoſe, ſix weeks
after the demand fhall have been made by his moft Chrif
tian Majefty.
4. And confidering, that if the Mufcovites fhould come
by land to penetrate into the North, and trouble the peace
of the empire, they could not have any other paffage than
through the territories of Poland; and, as it cannot be
doubted, but that this kingdom remembers ftill the difor-
ders which the Mafcovites committed there a few years ago,
it is agreed, by this preſent article, to communicate to the
king, and to the republic of Poland, the concert which
has been formed to hinder their entering into the empire,
and to invite them to take likewife on their part the most
effectual meaſures to flop the paffes which the Muscovites
would be defirous of taking in the territories of the re-
publick of Poland. Done at Copenhagen, this 16th day
of April, in the year 1727.
(L. S.) Glenorchy.
Articles of Peace and Commerce between His Majesty George
II. by the Grace of God, King of Great Britain, &c. and
the most Noble Prince Muly Hamet Dahebby, Ben Muley
Ifmael, Ben Muley Zeriph, Ben Muley Aley, King and
Emperor of the Kingdoms of Vez and Morocco, &c. Con-
cluded Jan. 14, 1727-8.
1. THAT all Moors or Jews, fubject to the Empe
ror of Morocco, fhall be allowed a free traffic,
viz. to buy or fell for 30 days in the city of Gibraltar, or
ifland of Minorca; and not to refide in either place, but
to depart with their effects, without let or moleftation, to
any part of the faid Emperor of Morocco's dominions.
II. That the king of Great Britain's fubjects refiding in
Barbary, fhall not be obliged to appear before the Cadi or
Juftices of the country; but only the governor of the
place,
( 303 )
place, and his Britannick Majefty's conful, are to take cog-
nizance of and adjust the differences they may have with
the natives of the country.
III. That the menial fervants of his Britannick Majeſty's
fubjects, though natives of the country, either Moors or
Jews, be exempt from taxes of all kinds.
IV. That all his Britannick Majefty's fubjects, as well
paffengers as others, taken by any of the Emperor of Fez
and Morocco's cruifers, on board any foreign ſhip or veſſel
whatever, fhall immediately be fet at liberty and fent to the
city of Gibralter.
V. That there be permiffion for buying provifions, and
all other neceffaries for his Britannick Majefty's fleet, or
city of Cibraltar, at any of the Emperor of Fez and
Morocco's fea-ports, at the market prices; and the fame
to be ſhipped off without paying cuftom, as has been ex-
torted lately contrary to the treaty of peace fubfifting.
VI. All the other articles being fifteen in number, con-
cluded, agreed and adjuſted by the Honourable Charles
Steward, Efq; on the behalf of his Britannick Majefty,
and by his Excellency Bafhaw Hamet, Ben Aly, Ben
Abdalla, and his Imperial Majefty's Treaturer, Mr. Mofes
Ben Hatter, a Jew, on the behalf of the faid King of
Fez and Morocco, fhall ftand good, and be of the fame
force as in the reigns of the moft high and moſt renowned
Prince George I. King of Great Britain, France and Ire-
land, &c. of glorious memory, and the high and glorious,
mighty and right noble Prince Albumazar Muley Ifmael,
late Emperor of Morocco. And it is farther agreed that
all the articles aforementioned, as well the fifteen as theſe
additional ones, fhall in twenty days after the date hereof,
be publiſhed in the Arabick language, and affixed on the
gates of all the fea-port towns in his Imperial Majefty's do-
minions.
Signed and dated at the court of Mequinez, Jan. 14,
1727-8.
Convention
( 304 )
Convention between Spain and Great Britain, relating to the
Execution of the Preliminaries; figned at the Pardo, the
6th of March, 1728. N. S.
WHEREAS certain difficulties have arifen upon the
execution of the articles which are called prelimi-
maries, and which were figned at Paris the laſt day of May,
and after at Vienna the 13th of June, 1727, by the mi-
niſters reſpectively furniſhed with fufficient full powers;
and whereas, by a certain declaration made by the Count
de Rothemburg, with the confent of all the parties, and
approved, the aforefaid difficulties have been happily ad-
jufted; of which declaration, and of the acceptation
thereof by his Catholic Majefty, as the fame was exhi-
bited and fubfcribed by the Marquis de la Paz, in his
name, and by his command, the tenor hereof follows,
Whereas, fince the figning of the preliminar es, certain
difficulties have arifen between the contracting parties, in
relation to the reftitution of prizes that have been taken on
either fide; and namely, that the Prince Frederick and its
cargo, belonging to the South-fea company, has been feiz-
ed and detained by the Spaniards at La Vera Cruz, which
difficulties have delayed the execution of the preliminaries,
the exchanging the ratification with Spain, and the open-
ing the congrefs: his Britannick Majefty, to facilitate
matters as much as lies in his power, and to remove all
obſtacles that obftruct a general pacification, has declared,
and given his royal word to the moft Chriftian King, that
he will, without delay, fend orders to his admirals, Wager
and Hofier, or the chief commander in his ftead, or with-
draw from the feas of the Indies and of Spain; and that
he confents that the contraband trade, and other caufes of
complaint, which the Spaniards may have in relation to the
ſhip Prince Frederick, fhall be difcuffed and decided in the
congrefs; that all the refpective ptetenfion, on each fide,
fhall be produced, debated and decided, whether the prizes
taken at fea, on each fide, fhall be reftored; and that his
Britannick Majeſty will abide by what fhall on all this be
regulated.
Ол
( 305 )
(305
On my part, I promife, in the name of the King my
mafter, by virtue of the orders and full powers which I
have received for that purpofe, that this difcuffion, to be
made at the congrefs, fhall be faithfully executed; that
the exchange of the ratifications fhall be performed with-
out delay, and that the congrefs fhall meet, infallibly, and
the fooneft that fhall be poffible, according to what ſhall be
agreed by the minifters of the contracting parties who ſhall
happen to be at Paris; provided his Catholic Majeſty will
give his royal word.
I. To raife, immediately, the blockade of Gibraltar, by
fending back the troops to their quarters, by caufing the
cannon to be drawn off, the trenches to be filled up, and
the works made on the occaſion of this fiege to be demo-
liſhed, by re-eſtabliſhing every thing on each fide, conform-
able to the treaty of Utrecht.
II. to fend, without delay, his order, clear and exprefs,
for delivering up forthwith the fhip Prince Frederick, and
her cargo, to the agents of the South-fea company, who are
at Vera Cruz, that, when they think fit, they may fend her
to Europe; and to restore the commerce of the Engliſh na-
tion in the Indies, according to what is ftipulated by the
Affiento treaty, and agreed by the fecond and third articles
of the preliminaries.
III. To cauſe the effects of the Flotilla to be immediate-
ly delivered to thofe to whom they belong; and thofe of the
Galleons, when they return, as in time of freedom and
of full peace, according to the fifth article of the prelimi
naries.
IV. That his Catholic Majefty does engage, in the fame
manner as his Britannick Majefty has engaged above, to
abide by all that fhall be regulated by the aboveſaid diſe
cuffion and decifion of the congrefs.
Given at the Pardo, March 4, 1728.
(L. S.) Rothemburg.
I, the under-written Marquies de la Paz declare, by an
expreſs order in the royal name of the Catholic King my
mafter, in confequence of his full power, that his Majefty,
out of his conftant defire to facilitate the negociations for an
univerfal lafting peace, is come into an acceptation of, and
does
(306)
does effectually admit, the propoſals lately made by the
Count de Rothemburg, Minifter and Plenipotentiary of his
moft Chriſtian Majefty, according to what is here next above
inferted.
In witneſs whereof, I fign this prefent declaration, and
put thereto the feal of my arms, at the Pardo, March 5,
1728.
E. C. Marquis de la Paz.
We the under-written Minifters Plenipotentiary, duly
authoriſed, to the end the above-written declaration and
acceptation may obtain the moft full force and vigour
have figned this fpecial inftrument of confent and appro-
bation, in the name, and by the confent of our refpective
Mafters, and have affixed our Seals thereunto, March 6,
1729.
(L. S.) S. S. Co Konigsegg.
(L. S.) B. Keen.
(L. S.) Rotbemburg.
(L. S.) E. C. Marquis de la Paz.
(L. S.) F. Vander Meer.
The Treaty of Peace, Union, Friendship, and mutual De-
fence, between the Crowns of Great Britain, France and
Spain, conluded at Seville on the 9th of November, N. S.
1729.
In the Name of the moft Holy Trinity, Father, Son, and
Holy Ghoſt, three diftinct Perſons, and one only true God.
TH
HEIR moft Serene Majefties the King of Great
Britain, the moſt Chriſtian King, and the Catholic
King, defiring, with equal earneſtneſs, not only to renew
and bind more cloſely their antient friendſhip, but likewiſe
to remove whatever might here after diſturb it, to the end
that being united in fentiments and inclination, they may
for the future act in every thing as having but one and the
fame view and intereft; and for this purpoſe, the moſt Se-
rene King of Great Britain having given full power for
treating in his name to M. William Stanhope, Vice- Cham-
berlain
( 307 )
berlain of his Britannick Majefty's houfhold, one of his
Privy-Council, Member of the Parliament of Great Bri-
tain, colonel of a regiment of dragoons, and his faid Ma-
jefty's ambaffador extraordinary to his Catholic Majeſty;
as alſo to M. Benjamin Keene, his faid Britannick Majeſty's
Minifter Plenipotentiary to his Catholic Majefty: the
moft Serene moft Chriftian King having given full power
for treating in his name to the Marquis de Brancas,
lieutenant-general of his armies, knight of his orders,
and of that of the golden-fleece, his lieutenant-general
in the government of Provence, and his ambaffador ex-
traordinary to his Catholic Majefty: and the moſt ſerene
Catholic King having likewife given full power for treat-
ing in his name to M. John Babtift D'Orendayn Marquis
de la Paz, his counſellor of ſtate and firſt ſecretary of ſtate
and of the diſpatches; and to M. Jofeph Patino, com-
mander of Alcuefca in the order of St. James, governor
of the council of the Treaſury, and of the tribunals de-
pending thereon, fuperintendant-general of the general re-
venues, and his fecretary of ftate and of the difpatches
for affairs of the Marine, the Indies, and the treaſury:
the above-mentioned minifters have agreed between them
on the following articles.
I. There fhall be from this time and for ever a folid
peace, a ſtrict union, and a fincere and conftant friendſhip
between the moft ferene King of Great Britain, the moſt
ferene moft Chriftian King, and the moft ferene King of
Spain, their heirs and fucceffors, as alfo between their
kingdoms and fubjects, for the mutual affiftance and de-
fence of their dominions and interefts; there fhall likewife
be an oblivion of all that is paft; and all the former treaties
and conventions of peace, of friendſhip, and of commerce,
concluded between the contracting powers respectively,
fhall be, as they hereby are, effectually renewed and con-
firmed, in all thofe points which are not derogated from
by the preſent treaty, in as full and ample a manner, as if
the faid treaties were here inferted word for word, their faid
Majefties promifing not to do any thing, nor fuffer any
thing to be done, that may be contrary thereto directly or
indirectly.
II. In
1
( 308 )
II. In confequence of which treaties, and in order to
eſtabliſh firmly this union and correfpondence, their Bri-
tannick, moft Chriftian, and Catholic Majeftis, promife
and engage by the prefent defenfive treaty of alliance, to
guarantee reciprocally their kingdoms, ftates, and domi-
nions under their obedience, in what parts of the world.
foever ſituate, as alfo the rights and privileges of their com
merce, the whole according to the treaties; fo that the faid
powers, or any one of them, being attacked or moleſted
by any power and under any pretext whatever, they pro-
mife and oblige themfelves reciprocally to employ their
offices, as foon as they fhall be thereto required, for ob-
taining fatisfaction to the party injured, and for hindering
the continuance of hoftilities; and if it happen that the
faid offices be not fufficient for procuring fatisfaction with-
out delay, their faid Majefties promife to furniſh the fol-
lowing fuccours, jointly, or feparately, that is to ſay, his
Britannick Majeſty eight thouſand foot, and four thouſand
horfe; his moſt Chriſtian Majefty eight thouſand foot and
four thousand horfe; and his Catholic Majefty eight thou-
fand foot and four thousand horfe: If the party attacked,
inſtead of troops, fhould demand fhips of war or tranf
ports, or even fubfidies in money, he fhall be free to
chufe, and the other parties fhall furnifh the faid fhips or
money, in proportion to the expence of troops; and for
taking away all doubt touching the valuation of the fuc-
cours, their abovefaid Majefties agree, that a thouſand foot
fhall be computed at ten thoufand florins Dutch money,
and a thouſand horfe at thirty thoufand florins Dutch money,
by the month; and the fame proportion fhall be obferved
with refpect to the fhips that ought to be furnished; their
faid Majefties promifing to continue and keep up the faid
fuccours as long as the trouble fhall fubfift; and in cafe it
fhould be found neceffary, their faid Majefties fhall mu-
tually fuccour each other with all their forces, and ſhall
even declare war against the aggreffor.
III. The minifters of his Britannick Majefty and of his
moſt Chriſtian Majefty, having alledged that in the treaties
concluded at Vienna between the Emperor and the King
of Spain, in the year one thoufand feven hundred twenty
five, there were divers claufes that infringed the articles of
the
(309)
the feveral treaties of commerce, or of the treaties of peace
in which commerce may be concerned, attecedent to the
year one thouſand feven hundred twenty five, his Catho-
lick Majefty has declared, as he declares by the preſent ar-
ticle, That he never meant to grant, nor will fnffer to fub-
fift by virtue of the faid treaties of Tenna, any privilege
contrary to the treaties here-above cormed.
་་ ་
IV. It have been agreed by the prminary articles,
that the commerce of the English and Fch nations, as
well in Europe as in the Indies, fhould bre-eſtabliſhed
on the foot of the treaties and conventions ntecedent to
the year one thouſand ſeven hundred twent-five, and par-
ticularly that the commerce of the English nation in Ame-
rica fhould be exercifed' as heretofore; it is agreed by the
prefent article, that all neceffary orders fhall be difpeched
on both fides without any delay, if they have not been
fent already, as well for the execution of the ſaid treaties.
of commerce, as for fupplying what may be wanting for
the entire re-establishment of commerce on the foot of the
faid treaties and conventions.
V. Although it was ftipulated by the preliminaries that
all hoftilities fhould ceafe on both fides, and that if any
trouble or hoftilities fhould happen between the fubjects
of the contracting parties, either in Europe, or in the
Indies, the contracting powers fhould concur for the re-
paration of damages fuftained by their reſpective ſubjects;
and notwithſtanding this it is alledged, that on the part of
the ſubjects of his Catholic Majelty acts of diftubance
and hoftilities have been continued; it is agreed by this
prefent article, that as to what relates to Europe, his Ca-
tholic Majefty fhall forthwith caufe reparation to be made.
for the damages which have been fuffered there fince the
time prefcribed by the preliminaries for the ceffation of
hoftilities and as to what relates to America, he will
likewife forthwith caufe reparation to be made for the da-
mages which fhall have been ſuffered there fince the arrival
of his orders at Carthagena on the day of June one
thouſand feven hundred twent-eight. And his faid Ca-
tholic Majefty fhall publifh the most rigorous prohi-
bitions for preventing the like violances on the part of
his fubjects; their Britannick and moft Chriftian Ma-
•
VOL. II.
X
jefties
(310)
jefties promifing on their part, if there be like cafes, to
caufe reparation to be made for what fhall have been fo
done, and to give like orders for the prefervation of the
peace, tranquility, and good intelligence.
VI. Commiffaries fhall be nominated, with fufficient
powers, on the part of their Britannick and Catholic
Majefties, who ſhall affemble at the court of Spain within
the ſpace of four months after the exchange of the ra-
tifications of the preſent treaty, or fooner if it can be
done, to examine and decide what concerns the ſhips and
effects taken at fea on either fide to the times ſpecified in
the preceding article. The faid commiffaries fhall like-
wife examine, and decide, according to the treaties, the
reſpective pretenfions which relate to the abuſes that are
fuppofed to have been committed in commerce, as well in
the Indies as in Europe, and all the other refpective pre-
tenfions in America, founded on treaties, whether with
reſpect to the limits or otherwife. The faid commiffarias
fhall likewife difcufs and decide the pretenfions which his
Catholic Majefty may have, by virtue of the treaty of
one thouſand ſeven hundred twenty-one, for the reftituti-
on of the ſhips taken by the Engliſh fleet in the year one
thouſand ſeven hundred eighteen. And the faid commif-
faries after having examined, difcuffed, and decided the
above faid points and pretenfions, fhall make a report
their proceedings to their Britannick and Catholic Ma-
jefties, who promife that within the ſpace of fix months
after the making of the faid report, they will caufe to be
executed punctually and exactly what fhall have been fo
decided by the faid commiffaries.
of
VII. Commiffaries fhall likewife be nominated on the
part of his moft Chriftian Majefty, and of his Catholic
Majefty, who fhall examine all grievances generally what-
foever, which the faid parties therein intereſted may
form refpectively, whether for the reftitution of veffels
feized or taken, or with refpect to commerce, limits, or
otherwife.
VIII. The faid commiffaries fhall finish punctually their
commiffion within the ſpace of three years, or fooner if it
can be done, to be computed from the day of the ſigning
of
(311)
of the preſent treaty, and this without any further delay
on any motive or pretext whatever.
IX. The introducing of garrifons into the places of
Leghorn, Porto-ferraio, Parma, and Placentia, to the
number of fix thoufand men of his Catholic Majefty's
troops, and in his pay, fhall be effectuated without lofs
of time; which troops fhall ferve for the better fecuring
and preferving of the immediate fucceffion of the faid
ftates in favour of the moft ferene Infante Don Carlos,
and to be ready to withſtand any enterpriſe and oppofition
which might be formed to the prejudice of what has been
regulated touching the faid fucceffion.
X. The contracting powers fhall forthwith ufe all the
applications which they fhall judge to be confiftent with
the dignity and quiet of the moft ferene Great Duke of
Tufcany, and the Duke of Parma, to the end the gar-
rifons may be received with the greatest tranquillity and
without oppofition, as foon as they fhall.prefent themſelves
before the places into which they are to be introduced.
The faid garrifons ſhall take an oath to the preſent poſ-
feffors to defend their perſons, fovereignty, poffeffions and
ftates, and fubjects, in every thing that fhall not be con-
trary to the right of fucceffion referved to the moſt ferene
Infante Don Carlos, and prefent poffeffors fhall not de-
mand or exact any thing that is contrary thereto.
The faid garrifons fhall not meddle directly or indirectly
under any pretence whatſoever, in affairs of the political,
oeconomical or civil government; and fhall have moſt ex-
prels orders to render to the moſt ferene Great Duke of
Tuſcany and the Duke of Parma, all the refpects and mi-
litary honours that are due to fovereigns in their own do-
minions.
XI. The intent of introducing the faid fix thouſand
men of his Catholic Majefty's troops and in his
pay, be-
ing to fecure to the moft ferene Infante Don Carlos the
immediate fucceffion of the ftates of Tufcany, Parma, and
Placentia, his Catholic Majefty promiſes, as well for him-
felf as his fucceffors, that as foon as the moſt ſerene
Infante Don Carlos his fon, or fuch other who fhall fuc-
ceed to his rights, fhall be the quiet poffeffor of thoſe
flates, and in fafety from all invafion and other juſt grounds
X 2
of
( 312 )
of fear, he will caufe to be withdrawn from the places in
thoſe ſtates the troops which fhall be his own, and not be-
longing to the Infante Don Carlos, or to him who fhall
fucceed to his rights, in fuch manner that thereby the faid
fucceffion or poffeffion may reft fecure and cexempt from
all events.
XII. The contracting powers engage to eſtabliſh, ac-
cording to the rights of fucceffion which have been ſtipu-
lated, and to maintain the mcft ferene Infante Don Carlos,
or him to whom his rights fhall devolve, in the poffeffion
and enjoyment of the States of Tuscany, Parma, and
Placentia, when he fhall once be fettled there; to defend
him from all infult, againſt any power whatsoever, that
might intend to disturb him; declaring themfelves by this
treaty, guarantees for ever of the right, poffeffion,
tranquillity, and quiet of the moſt ferene Infante, and of
his fucceffors to the faid ftates.
XIII. As to other particulars or regulations concerning
the keeping up of the faid garrifons once eſtabliſhed in
the ftates of Tufcany, Parma, and Placentia, as it is to
be prefumed that his Catholic Majefty and the moſt fe-
rene Great Duke, and Duke of Parma, will fettle the fame
by an agreement between themſelves, their Britannick and
moft Chriftian Majefties promife, that as foon as that
agreement ſhall be made, they will ratify and guarantee
it, as well as to his Catholic Majefty, as to the moft fe-
rene Great Duke and Duke of Parma, as if it were inferted
word for word in the preſent treaty.
XIV. The States General of the United Provinces fhall
be invited to come into the prefent treaty and articles.
Such other powers as fhall be agreed on, fhall likewife
be invited and admitted by concert into the fame treaty and
articles.
The ratifications of the prefent treaty fhall be dif-
patched within the fpace of fix weeks, or fooner, if it
can be done, to be reckoned from the day of the fign-
ing.
In witnefs whereof, We the underwritten minifters
plenipotent.aries, of his Britannick Majefty, of his moft
Chriftian Majefty, and of his Catholic Majefty, by vir-
tue of our full powers, which have been communicat
ed
( 313 )
ed to each other, tranſcripts of which fhall be hereto
annexed, have figned the preſent treaty, and cauſed the
feals of our arms to be affixed thereto. Done at Seville,
the ninth day of November, one thouſand ſeven hundred
twenty-nine.
W. Stanhope.
(L. S.)
B. Keene.
(L. S.)
Brancas.
(L. S.)
El. Mara, de la Paz,
(L. S.)
D. Jofeph Patino.
(L. S.)
1.
A
Separate Articles.
LTHOUGH, conformably to the preliminary
articles, it is faid in the fourth article of the
treaty figned this day, that the commerce of the Engliſh
nation in America ſhould be re-eſtabliſhed on the foot of
the treaties and conventions antecedent to the year one
thouſand ſeven hundred twenty-five; however, for the
greater exactness, it is further declared by the prefent ar-
ticle between their Britannick and Catholic Majefties,
which fhall have the fame force, and be under the fame
guaranty as the treaty figned this day, that under that ge-
neral denomination are comprehended the treaties of peace
and of commerce, concluded at Utrecht the thirteenth
of July and ninth of December, in the year one thouſand
feven hundred thirteen, in which are comprifed the treaty
of one thouſand fix hundred fixty-feven, made at Madrid,
and the cedulas therein mentioned; the latter treaty made
at Madrid the fourteenth of December, one thoufand
feven hundred fifteen; as alfo the particular contract, com-
monly called the Affiento, for bringing negro flaves into
the Spaniſh Indies, which was made the twenty-fixth day
of March, in the faid year one thoufand feven hundred
thirteen, in confequence of the twelfth article of the
treaty of Utrecht; and likewife the treaty of declaration.
touching that of the Affiento, made the twenty-fixth of
May, one thouſand feven hundred fixteen: all which
treaties mentioned in this article, with their declarations,
fhall from this day (even during the examination by the
commiffaries) be and remain in their force, virtue and full
vigour ;.
X 3
(314)
vigour; for the obfervation of which his Catholic Majefty
fhall cauſe to be difpatched forthwith, if they have not
been diſpatched, the neceffary orders and cedulas to his
vice-roys, governors, and other minifters, to whom it
ſhall appertain, as well in Europe as in the Indies, to the
end that without any delay or interpretation they may cauſe
them to be obferved and fulfilled.
In like manner his Britannick Majeſty promiſes and en-
gages to publish the neceffary orders, if any be wanting,
for re-eſtabliſhing the commerce of the fubjects of Spain
in all the countries under his dominion, on the footing fpe-
cified by the faid treaties, and for caufing them to be ex-
actly obferved and fulfilled.
II. Confequently, all fhips, merchandiſe and effects,
which ſhall not have been taken or ſeized on account of
unlawful commerce, and which fhall now be proved by
authentic proofs and documents, to have been detained,
feized, or confifcated in the ports of Spain, either in Eu-
rope or in the Indies, and namely the fhip Prince Fre-
deric and her cargo, if they have not been restored al-
ready, fhall be immediately reftored, in the fame kind as
to thofe things which fhall be found ftill remaining in
that condition; or in default thereof, the juft and ttue
value of them, according to their valuation, which, if it
was not made at the time, fhall be regulated by the au-
thentic informations which the proprietors fhall exhibit
to the magiftrates of the places and town where the
feizures were made; his Britannick Majefty promifing the
like on his part, as to all feizures, confifcations, or de-
tentions, which may have been made contrary to the tenor
of the faid treaties: their faid Britannick and Catholic
Majefties agreeing, that with reſpect to the like feizures,
confifcations, or detenfions on either fide, the validity of
which may not yet have been fufficiently made out, the
difcuffion and decifion of them fhall be referred to the ex-
amination of the commiffaries, to do therein according
to right upon the foot of the treaties here above-menti
oned.
The prefent feperate articles fhall have the fame force
as if they were inferted word for word in the treaty, con-
cluded and figned this day. They fhall be ratified in the
fame
( 315 )
fame manner, and the ratifications of them fhall be ex-
changed at the fame time as thofe of the faid treaty.
In witneſs whereof we the underwritten minifters ple-
nipotentiaries of his Britannick Majesty, of his moft Chrif
tian Majefty, and of his Catholic Majefty, by virtue of
our full powers, have figned the prefent feparate articles,
Done
and cauſed the ſeals of our arms to be put thereto.
at Seville the ninth day of November, one thouſand ſeven
hundred twenty-nine.
W. Stanhope.
(L. S.)
Brancas.
(L. S.)
El Marq. de la Paz.
(L. S)
B. Keene.
D. Jofeph Patino.
(L. S.)
(L. S.)
Treaty of Alliance and Commerce between Great Britain and
the Nation of the Cherrokees in America.
I.
1730.
FOR
Sept. 20,
ORASMUCH as you Scayaguſta Oukah, chief-
of the city of Teftetfa, you Scalilofken Keta-
guftah, you Tathtowe, you Clogittah, you Kolkannah,
and you Ukwanequa, were fent by Moytoy de Telliquo,
with approbation of the whole nation of the Cherrokees,
in an affembly held at Nikoffen the 14th of April, 1730,
to Sir Alexander Cuming, Bart. in Great Britain, where
you have feen the great King George, at whofe feet the
faid Sir Alexander Cuming, by the exprefs order of Moy-
toy, and the whole nation of the Cherrokees, has laid the
crown of your nation, the ſkulls of your enemies, and the
plumes of honour, as a mark of your fubmiffion: the
King of Great Britain, who has a tenderneſs for the
powerful and great nation of the Cherrokees, his good
children and fubjects, has authoriſed us to treat with you;
and in this character we confer with you, as if the whole
nation of the Charrokees, its old men, its young men,
its women and children were here prefent: and you ought
to look upon the words which we fay to you, as if pro-
nounced from the lips of the Great King your mafter,
whom you have feen; and we will confider the words
X 4
which
(316)
*
which you fhall ſpeak to us, as the words of your whole
nation, delivered frankly and fincerely to the Great King.
Whereupon we give you four pieces of ftriped ferge.
II. Hear therefore the words of the Great King, whom
you have feen, and who has commanded us to tell you,
that the Engliſh in all places, and on both fides the great
mountains, and great lakes, are his people and children
whom he dearly loves; that their friends are his friends,
and their enemies his enemies; that he is pleaſed that the
great nation of the Cherrokees has fent you hither, to po-
lifh the chain of friendship which is betwixt him and them,
betwixt your people and his people; that the chain of
friendſhip betwixt him and the Indians of the Cherrokees,
is like the fun which gives light, both here and upon the
high mountains that they inhabit, and which warms the
hearts both of the Indians and the Engliſh. And as we
fee no fpots in the fun, fo there is no ruft nor dirt on this
chain and as the Great King holds one end of it faf-
tened to his breaft, 'tis his intention that you should take
up the other end of the chain, and fix it to the breaſt of
Moytoy Telliquo, and to thofe of your wife old men, your
captains and your people, in fuch manner that it may ne-
ver be broke nor loofed. And hereupon we give you two
pieces of blue cloth.
:
III. The Great King and the Indians of the Cherrokees,
being thus united by the chain of friendſhip, he has or-
dered his children, the Indians of Carolina, to traffic with
the Indians, and to furniſh them with whatever commodi-
ties they want, and to build houſes, and fow corn with ſpeed,
all the way from Charles-Town to the Cherrokees-Town,
on the other fide of the great mountains; for he would
have the Indians and the English live together like children
of one and the fame family, whofe Great King is their
dear father and forafmuch as the Great King has given
his lands on both fides the great mountains to the English
his children, he grants the Indians of the Cherrokees the
privilege to live where they pleafe. And upon this we give
you a piece of red cloth.
IV. The great nation of the Cherrokees being at pre-
fent the children of the Great King of Great Britain, and
he being their father, the Indians ought to confider the
English
( 317 )
English as brothers, of one and the fame family, and
ought always to be ready at the governor's orders to fight
againſt any nation whatſoever, either Whites or Indians,
that ſhall moleft or attack the English. And hereupon
we give you twenty mufkets.
V. The Cherrokees nation fhall take care to keep the
way of commerce clean, and that there be no blood in the
road where the English white men travel, even though
they happen to be accompanied by any other nation at war
with the Cherrokees. Whereupon we give you two hun-
dred weight of gunpowder.
VI. That the Cherrokees nation fhall not fuffer any of
its people to traffic with any other white men befides the
Engliſh, and ſhall grant leave to no other nation to build
any fort or habitation, or to fow corn in their country,
either near any towns of the Indians, or on the lands be-
longing to the Great King; and if any thing like it be
undertaken, you must give advice of it to the Engliſh
governor, and act as he fhall order you, for maintaining
the rights of the Great King over the lands of Carolina.
Whereupon we give you five hundred weight of muſket
bullets, and the fame quantity of cannon ball.
VII. That in caſe any negro flave runs away from his
English maſter into the woods, the Indians of the Cher-
rokees fhall do what they can to apprehend him, and
bring him back to the plantation from whence he fled,
or to the governor's houfe; and for every negro which the
Indians fhall thus retake, they fhall have a musket, and
a fentinel's fuit of cloaths. Whereupon we give you a
box full of vermilion, with 10,000 flints, and 6 dozen of
hatchets.
VIII. That if an Engliſhman has the misfortune to kill
an Indian, the king or chief of the Cherrokees fhall firft
of all make his complaint to the Engliſh governor, and
the perfon who committed the murder fhall be punifhed
according to the laws, as much as if he had killed an
Engliſhman; and in like manner if an Indian kill an
Englishman; the guilty Indian fhall be delivered up to
the governor, who fhall punish him according to the
English laws, and as if he was an Englishman, Where-
upon
( 318 )
upon we give you twelve dozen of clafp-knives, four
dozen of kettles, and ten dozen of bells.
IX. You are to know, that every thing we have faid to
you are the words of the Great King whom you have ſeen;
and to fhew that his heart is open and fincere to his chil-
dren and friends the Cherrokees, and their whole nation,
he puts his hand into this Bandelier, which he demands.
may be received and fhewn to your whole nation, to their
children and Grand-chidlren, to confirm what has been
faid to you, and to perpetuate this treaty of peace and
friendſhip between the English and the Cherrokees, as
long as the mountains and rivers are in being, and as long
as the fun fhall fhine. Whereupon we give you this Ban-
delier.
Oukah Ulah,
Scalilofken Ketaguftah,
Tathtowe,
Signed,
Clogoittah,
Kollannah,
Ukwanequa.
By order of the Commiſſioners at Whitehall, the 30th of
September, 1730.
ALLURED POPPLE.
And underneath,
'Tis for the fecurity of Moytoy de Telliquo, that I
have feen, examined, and approved of all the articles
contained in the above agreement, to which the faid Indians
have by my advice given their confent.
Signed,
ALEX.-CUMING.
Treaty of Peace and Alliance, between the Emperor Charles
VI. and George II. King of Great Britain, in which the
States of the United Provinces of the Netherlands are
included. Made at Vienna, the 16th of March, 1731.
In the Name of the most Holy and Undivided Trinity,
Amen.
TO all to whom it does or may any way appertain. Be
it known, that the moſt ferene and moft potent
Prince and Lord, Charles VI. Emperor of the Romans, &c.
and
(319)
and the moſt ferene and moft potent Prince and Lord,
George II. King of Great Britain, France and Ireland, to-
gether with the High and Mighty Lords the States General
of the United Provinces of the Netherlands, having taken
into confideration the prefent unfettled and perplexed ſtate
of affairs in Europe, ferioufly bethought themfelves of
finding proper methods, not only to prevent thofe evils
which muft naturally arife from the cavils and divifions
that were daily increaſing, but alſo to eſtabliſh the public
tranquillity upon a fure and lafting foundation, and in as
eafy and ſpeedy a manner as it was poffible: For this end
their ſaid Majeſties and the ſaid States General, being fully
animated with a fincere defire to promote fo wholefore a
work, and to bring it to perfection, judged it expedient
to agree among thefelves upon certain general conditions,
which might ferve as the bafis for reconciling the ani-
mofities, and fettling the differences of the chief Princes
of Europe, which as they are heightened among them-
felves, do greatly endanger the public tranquillity.
For which purpoſe, the moſt high Prince and Lord,
Eugene Prince of Savoy and Piedmont, &c. and alfo the
moft illuftrious Lord, Philip Lewis, Hereditary Treaſurer
of the Holy Roman Empire, count of Zinzendorf, &c. and
alfo the moſt illuftrious Lord, Gundacker Thomas, count
of the holy Roman Empire, &c. on the part of his Sacred
Imperial and Catholic Majefty; and Thomas Robinſon,
Efq; minifter of his Majefty of Great Britain to his faid
Imperial and Catholic Majefty, on the part of his Majefty
of Great Britain, and on the part of the High and
Mighty States of the United Provinces of the Netherlands;
being all furniſhed with full powers, after they had held
conferences together, and exchanged their credential letter
and full powers, agreed upon the following articles and
conditions.
I. That there fhall be from this time forward, between
his facred Imperial Catholic Majefty, his facred royal
Majeſty of Great Britain, the heirs and fucceffors of both,
and the High and Mighty Lords the States General of the
United Provinces of the Netherland, a firm, fincere, and
inviolable friendſhip, for the mutual advantage of the Pro-
vinces and ſubjects belonging to each of the contracting
powers;
(320)
powers: and that this peace be ſo eſtabliſhed, that each of
the contractors fhall be obliged to defend the territories
and ſubjects of the others; to maintain the peace, and
promote the advantages of the other contractors as much
as their own; and to prevent and avert all damages and
injuries of every kind whatfoever, which might be done
to them. For this end, all the former treaties or con-
ventions of peace, friendfhip and alliance, fhall have their
full effect, and fhall preferve in all and every part their
full force and virtue, and fhall even be looked upon as re-
newed and confirmed by virtue of the preſent treaty, ex-
cept only fuch articles, claufes, and conditions, from
which it has been thought fit to derogate by the pre-
fent Treaty. And moreover, the faid contracting parties
have exprefsly obliged themſelves, by virture of this pre-
fent article, to a mutual defence, or as it is called gua-
ranty of all the kingdoms, ftates, and territorries which
each of them poffeffes, and even of the rights and im-
munities each of them enjoys, or ought to enjoy, in fuch
manner, that they have mutually declared and promifed
to one another, that they will, with all their forces op-
pofe the enterprifes of all and every one who ſhall (per-
haps contrary to expectation) undertake to difturb any
of the contractors, or their heirs and fucceffors, in the
peaceable poffeffion of their kingdoms, ftates, provinces,
lands, rights, and immunities, which each of the contrac-
ting parties doth or ought to enjoy, at the time of the
conclufion of the prefent treaty.
II. Moreover, as it has been frequently remonftrated on
the part. of his Imperial and Catholic Majefty, that the
public tranquillity could not reign and laft long, and that
no other fure way could be found out for maintaining,
the balance of Europe, than a general defence, engage-
ment, and eviction, or as they call it, a guaranty for the
order of his fucceffion, as it is fettled by the imperial
declaration of 1713, and received in the moft ferene Houſe
of Auftria; his facred Royal Majefty of Great Britain and
the High and Mighty Lords the States of the United
Provinces of the Netherlands, moved thereto by their ar-
dent defire to fecure the public tranquillity, and to pe-
ſerve the balance of Europe, as alfo by a view of the
terms
(321)
terms agreed upon in the following articles, which are ex-
ceedingly well adapted to anfwer both purpoſes, do, by
virtue of the prefent article, take upon them the general
guaranty of the faid order of fucceffion, and oblige them-
felves to maintain it as often as there fhall be occafion,
againſt all perfons whatſoever; and confequently they pro-
mife, in the moſt authentic and ſtrongeſt manner that can
be, to defend, maintain, and (as it is called) to gua-
ranty, with all their forces, that order of fucceffion which
his Imperial Majefty has declared and eſtabliſhed by a
folemn act of the 19th of April, 1713, in manner of a
perpetual, indivifible, and infeparable feoffment of truft,
in favour of primogeniture, for all his Majefty's heirs of
both fexs; of which act there is a copy annexed at the
end of this treaty: which faid act was readily and unani-
mouſly received by the orders and eftates of all the king-
doms, archduchies, principalities, provinces and domains,
belonging by right of inheritance to the moft ferene Houfe
of Auftria; all which have humbly and thankfully ac-
knowledged it, and tranfcribed it into their public regi-
fters, as having the force of a law and pragmatic fanc-
tion, which is to fubfift for ever in full force. And where-
as according to this rule and order of fucceffion, if it
fhould pleaſe God of his mercy to give his Imperial and
Catholic Majefty iffue male, then the eldeſt of his fons,
or, he being dead before, the eldeſt fon's eldeft fon; and
in cafe there be no male iffue, on his Imperial and Ca-
tholic Majefty's demife, the eldest of his daughters, the
moft ferene Archducheffes of Auſtria, by the order and
right of feniority, which has always been indivifibly pre-
ſerved, is to fucceed his Imperial Majefty in all his king-
doms, provinces, and domains, in the fame manner as he
now poffeffes them; nor fhall they at any time, upon any
account, or for any reafon whatever, be divided or fepa-
rated in favour of him, or her, or them, who may be of
the fecond, the third, or more diftant branch. And this
fame order and indivifible right of feniority is to be pre-
ſerved in all events, and to be obferved in all ages; as
well in his Imperial Majefty's male iffue, if God grants
him any, as in his Imperial Majefty's female iffue, after
the extinction of the male heirs; or, in fhort, in all cafes
wherein
(322)
!
wherein the fucceffion of the kingdoms, provinces, and
hereditary dominions of the moft ferene Houſe of Au-
ftria fhall be called in queftion. For this purpoſe, his
Majefty of Great Britain, and the High and Mighty Lords
the States Ceneral of the United Provinces of the Nether-
lands, promiſe and engage to maintain him, or her, who
ought to fucceed according to the rule and order above
fet forth in the kingdoms, provinces, or domains of which
his Imperial Majefty is now actually in poffeffion; and
they engage to defend the fame for ever againſt all fuch
as fhall perhaps prefume to diſturb that poffeffion in any
manner whatfoever.
III. And foraſmuch as it hath been often reprefented
to his Imperial and Catholic Majefty, in terms full of
friendſhip, on the part of his facred royal Majefty of
Great Britain, and the High and Might Lords the States
General of the United Provinces, that there was no furer
nor more ſpeedy method for eftabliſhing the public tran-
quillity fo long defired, than by rendering the fucceffion of
the Duchies of Tuscany, Parma, and Placentia, deſigned
for the moſt ferene the Infante Don Carlos, yet more fe-
cure by the immediate introduction of 6000 Spaniſh fol-
diers into the ftrong places of thofe duchies, his faid fa-
cred Imperial and Catholic Majefty, defiring to promote
the pacific views and intentions of his Britannick Majesty
and the High and Mighty States General of the United
Netherlands, will by no means oppofe the peaceable intro-
duction of the faid 6000 Spaniards into the ftong places
of the Duchies of Tufcany, Parma, and Placentia, in pur-
fuance of the abovementioned engagements entered into
by his faid Britannick Majefty, and by the States General.
And whereas to this end, his imperial and Catholic Ma-
jefly judges the confent of the empire neceffary, he pro-
miles at the fame that he will ufe his utmoſt endeavours to
obtain the faid confent, within the space of two months,
or fooner, if poffible. And to obviate as readily as may be
the evils which threaten the public peace, his Imperial
and Catholic Majeſty moreover promiſes, that immedi-
ately after the mutual exchange of the ratifications, he
will notify the confent which he, as Head of the em-
pirc, has given to the faid peaceable introduction, to the
minifter
(323)
minifter of the Great Duke of Tufcany, and to the mi-
niſter of Parma refiding at his court, or wherever elſe it
fhall be thought proper. His faid Imperial and Catholic
Majefty likewife promifes and affirms, that he is fo far
from any thought of raifing, or caufing any hinderance, di-
rectly or indirectly, to the Spanish garrifons being admitted
into the places aforesaid, that on the contrary he will in-
terpoſe his good offices and authority, for removing any un-
expected obftruction or difficulty that may oppofe the faid
introduction and confequently that the 6000 Spainfh fol-
diers may be introduced quietly, and without any delay
in the manner aforefaid, into the ftrong places as well of
the Great Duchy of Tuſcany, as of the Duchies of Parma
and Placentia.
IV. That therefore all the articles thus agreed to, with
the irrevocable confent of the contracting parties, be fo
firmly and reciprocally eſtabliſhed, and fo entirely decided,
that it ſhall not be lawful for the contracting parties to de-
viate from them in any wife; meaning as well thoſe which
are to be put in execution without delay, and immediate-
ly after the exchange of the ratifications, as thoſe which
ought to remain for ever inviolable.
V. Whereas for attaining to the end which the con-
tracting parties in this treaty propofe to themſelves, it has
been found neceffary to pluck up every root of divifion and
diffention, and therefore that the antient friendſhip which
united the faid contracting parties, may not only be re-
newed, but knit clofer and clofer every day, his Imperial
Catholic Majefty promifes, and, by virtue of the pre-
fent article, binds himſelf to caufe all commerce and na-
vigation to the Eaft-Indies to ceafe immediately and for
ever in the Auftrian Netherlands, and in all the other
countries which in the time of Charles II. Catholic King
of Spain, were under the dominion of Spain; and that he
will, bona fide, act in fuch manner, that neither the Oftend
Company, nor any other, either in the Auftrian Nether-
lands, or in the countries which, as is abovefaid, were
under the dominion of Spain in the time of the late Ca-
tholic King Charles II. fhall at any time directly or indi-
rectly contravene this rule eſtabliſhed forever. Excepting
that the Oftend Company may fend, for once only, two
fhips,
( 324 )
fhips, which fhall fail from the faid port to the Eaft Indies,
and from thence return to Oftend, where the faid Com-
pany may, when they think fit, expofe the merchandizes
fo brought from the Indies to fale. And his facred royal
Majefty of Great Britain, and the High and Mighty States
General of the United Provinces, do likewife promife on
their part, and oblige themfeves, to make a new treaty
with his Imperial Majefty without delay, concerning com-
merce and the rule of impofts, commonly call'd a Tariff,
as far as relates to the Auftrian Netherlands, and agreeable
to the intention of the 26th article of the treaty, com-
monly called (by reafon of the limits therein fettled) the
Barrier. And for this purpofe the contracting parties fhall
immediately name commiffioners, who thall meet at Ant-
werp within the space of two months, to be computed
from the day of figning the prefent treaty, to agree to-
gether upon every thing that regards the entire enxecution
of the faid Barrier treaty, which was concluded at Antwerp
the 17th day of November, Anno 1715, and of the con-
vention fince figned at the Hague the day of Decem-
ber, 1718; and particularly to conclude a new treaty
there, as has been faid, concerning commerce, and the
rate of impofts, as far as relates to the Auftrian Nether-
lands, and according to the intention of the aforefaid
26th article. "Tis moreover agreed, and folemnly ftipu-
lated, that every thing which it hath been thought fit to
leave to the commiffioners who are to meet at Antwerp,
hall be brought to a final iffue, with all the juftice and in-
tegnity, as foon as poffible, and in fuch manner that the
Jaft hand may be put to that work, at leaſt within the
pace of two years.
I I
VI. As the exmaniation and difcuffion of the other
points which remain to be difcuffed, either between the
contracting parties, or any of their confedrates, require
much more time than can be fpared in this critical fitu-
ation of affairs, therefore to avoid all delays which might
be too prejudicial to the common welfare, 'tis covenanted
and agreed to declare mutually, that all the treaties and
conventions which any of the faid contracting powers have
made with other princes and ftates, fhall fubfift as they
now are, excepting only fo far as they may be contrary to
any
(325)
any the points regulated by the preſent treaty; and more-
over, that all the difputes which are actually between
the faid contracting parties, or any of their allies, fhall
be amicably adjuſted as foon as poffible; and in the mean
time the contracting parties fhall mutually endeavour to
prevent any of thofe who have differences, from having
refource to arms to fupport their pretenfions.
VII. To take away all manner of doubt from the fub-
jects of the King of Great Britain, and the Lords the
States General, touching their commerce in the kingdom.
of Sicily, his Imperial and Catholic Majefty has been
pleaſed to declare, that from this time forward, they
hall be treated in the fame manner, and upon the fame
foot as they were or ought to have been treated in the
time of Charles II. King of Spain of glorious memory,
and as any nation in the ftrictest friendſhip has been
ufually treated.
VIII. There fhall be included in this treaty of peace,
all those who within the fpace of fix months, after its ra-
tifications are exchanged, fhall be propofed by either
party, and by common confent.
IX. This prefent treaty fhall be approved and ratified
by his Imperial and Catholic Majefty, by his facred
royal Majefty of Great Britain, and by the High and
Mighty Lords the States General of the United Nether-
lands, and the ratifications fhall be given and exchanged
at Vienna, within fix weeks, to be computed from the
day of figning.
In witnefs and confirmation whereof, as well the Im-
perial commiffioners, in quality of ambaſſadors extratordi-
nary and plenipontentiaries, as the Minister of the King
of Great Britain, equally furniſhed with full powers have
figned this treaty with their own hands, and fealed it with
their feals. Done at Vinnea in Auftria, the 16th day of
March, in the year of our Lord, 1731.
(L. S.) Eugene of Savoy.
(L. S.) Philip Lewis of Zinzendorf
(L. S.) Gundacker Thomas of Staremberg.
(L. S.) Thomas Robinson.
VOL. II,
Y
Sepa-
(326)
Separate Article.
THOUGH
HOUGH by the first article of the treaty con-
cluded this day between his Imperial and Catholic
Majefty, his facred royal Majeft of Great Britain, and
the Lords the States General of the United Provinces and
the Netherlands, the contracting parties did mutually
promife, among other things, that they would with all
their forces oppofe the enterprizes of any perfon or perfons
who fhould (perhaps contrary to expectation) offer to give
diſturbance to any of the contracting parties, their heirs
or fucceffors, in the peaceable poffeffion of their king-
doms, dominions, provinces, countries, rights or immu-
nities, which each of the contractors doth or ought to
enjoy at the time of the conclufion of the prefent treaty;
the faid contracting parties have nevertheless agreed among
themſelves, by virtue of the prefent feparate article, That
if it should happen, perhaps in procefs of time, that the
Turks fhould offer to difturb his facred Imperial and Ca-
tholic Majefty, his heirs and fucceffors, in the quiet pof-
feffion of the kingdoms, dominions, provinces, countries,
right or immunitis, which his Imperial Majefty actually
doth, or ought to enjoy, the guaranties ftipulated in the
faid firft article, are not to be exteneded to this cafe now
mentioned.
This Separate Article fhall have the fame Force, &c.
DECLARATION concerning the Spanish Garrifons,
which are to be introduced into the ftrong Places of Tufcany,
Parma, and Placentia.
F
Orafmuch as his facred Imperial Catholic Majefty
was defirous to have all manner of fecurity, before he
would confent on his part to the third article of the treaty
concluded this day, which regulates the immediate intro-
duction of the Spanish garrifons into the ftrong places of
Tuſcany, Parma and Placentia, agreeably to the real views,
and intentions contained in the promifes made and figned
in the treaty of Seville, partly on the 9th, and partly on
the 21ft day of November, Anno 1 29; his farced royal
Majefty of Great Britain and the High and Mighty Lords
the States General of the United Netherlands, have not
¡only
( 327 )
*
Aug. 2
July
only exhibited thoſe promiſes, bona file, as they are here
fubjoined to his facred, Imperial, and Catholic Majefty,
but moreover they have not hesitated to affirm in the
ftrongeſt manner, that when they agreed to introduce te
Spanish garrifons into the ſtrong places of Tuſcany, Parma
and Placentia, they had no intention to depart in the leaft
from thoſe things which had been fettled by the fifth article
of the quadruple alliance, concluded at London 21718,
either with regard to the rights of his Imperial Majefty,
and the Empire, or to the fecurity of the kingdoms and
ftates, which his Imperial Majefty actually poffeffeth in
Italy, or laftly to the prefervation of the quiet and dig-
nity of thoſe who were then the lawful poffeffors of thoſe
Duchies. For this purpofe his royal Majefty of Great
Britain and the High and Mighty Lords the States General
of the United Netherlands have declared, and do declare,
that they are entirely difpofed, and ready to give his Im-
perial and Catholic Majefty, as they do by theſe preſents,
all the ſtrong and folemn promiles, evictions, or, as they
are called, guaranties that can be d. fired, as well in relation
to the points above-mentioned, as in relation to all the
other points ftill contained in the faid fifth article of the
treaty called quadruple.
This prefent Declaration fhall have the fame Force, &c.
IT
DECLARATION concerning the Succeffion of Parma.
T being apprehended that the unexpected death of the
late moft ferene prince, Anthony Farnefe, in his life-
time Duke of Parma and Placentia, might in fome fort.
retard or obftruct the conclufion of this treaty, it having
happened at the very time when it was upon the point of
being concluded; his Imperial and Catholic Majefty doth
by virtue of th s prefent act, declare and engage, that in
cafe the hopes of the pregnancy of the moft ferene Duchefs
Dowager, wife of the faid moft ferene Duke Anthony
whilft he lived, do not prove abortive, and the faid Duchefs
Dowager fhould bring a man-child into the world, all that
has been regulated, as well by the third article of the treaty
concluded this day, as by the act of declaration above re-
Y 2
cited
(328)
cited, fhall take place, as much as if the unforefeen death
of the duke had not happened: but that if the hopes
conceived of the pregnancy of the faid Ducheſs Dowager
fhould vanifh, or the fhould bring a pofthumous daughter
into the world, then his faid Imperial Majeſty declares, and
binds himſelf, that inftead of introducing the Spaniſh fol-
diers into the ftrong places of Parma and Placentia, the
moft ferene Infante of Spain, Don Carlos, fhall be put
into the poffeffion of the faid duchies, in the fame manner
as was agreed upon with the court of Spain, by confent of
the empire, and purſuant to the letters of eventual inveſti-
ture, the tenor of which ſhall be looked upon as repeated
and confirmed in all its articles, claufes and conditions;
in fuch manner notwithstanding, that the faid Infante of
Spain, as alfo the Court of Spain fhall first of all fullfil
the former treaties, wherein the Emperor is a contracting
party with the confent of the empire. And whereas upon
the deceaſe of the faid Duke Anthony Farnefe, the Impe-
rial troops were not put into the ftrong places of Parma
and Placentia, with a view to hinder the eventual fuc-
ceffion, as it was fecured to the moft ferene Infante Don
Carlos by the treaty of London, commonly called the
Quadruple Alliance, but only to prevent any enterprize
which might have diſturbed the tranquillity of Italy; his
facred Imperial and Catholic Majefty perceiving, that
by the treaty concluded this day, the public tranquillity
is reftored and confirmed as far as poffible, he doth again
declare, that in putting his troops into the ftrong places
of Parma and Placentia, he had no other intention than
to fupport as far as lay in his power, the fuccffion, of
the most ferene Infante Don Carlos, as it is fecured to
the faid Infante by the faid treaty of London; and that
very far from oppofing the faid fucceffion, in cafe the male
branch of the Houſe of Farnefe fhould be utterly extinct;
or from oppofing the introduction of the Spanish garrifons,
if the Duchefs Dowager thould happen to bring a poft-
humous fon into the world, his Imperial Majefty doth on
the contrary declare and promife, that the faid forces fhall
by his experts orders be withdrawn, either that the faid
Infante Don Carlos may be put into poffeffion of the faid
Duchies, according to the tenor of the letters of eventual
in-
( 329 )
inveftiture, or that the Spanish garrifons may be introduced
peaceably, and without any refiftance whatever; which faid
garrifons are to ferve for no other ufe than to fecure the ex-
ecution of the promiſe made to him, in cafe the male
branch of the Houſe of Farnefe fhould be utterly extinct.
The prefent Declaration fhall have the fame Force, &c.
DECLARATION finged by the Minifters of the King
of Great Britain, and the Lords the States General, by
Virtue of their full Powers.
HEREAS among feveral articles agreed upon
W in the treaty of Seville, on the 9th and 21ft day of
November 1729, in favour of the Great Duke of Tuf-
cany, as well as of the duchies of Parma and Placentia,
it was likewife provided, that as foon as the moft ferene
Infante of Spain, Don Carlos, or the Prince to whom
his rights may, devolve, fhould be in peaceable poffeffion
of the fucceffion defigned for him, and fecure from any
infults of enemies, and against any juſt cauſe of fear, then
his Royol Catholic Majefty fhould prefently give orders
for withdrawing his own troops out of the faid duchies,
but not thoſe belonging to the Infante Don Carlos, or
to the prince upon whom, as abovementioned, his right
may devolve.
The under-written minifters of the King of Great Bri-
tain, and the Lords States General, do, by virtue of this
preſent inftrument, declare, that as his faid royal Majeſty
of Great Britain, and the High and Mighty Lords the
States General of the United Netherlands, are always
accuſtomed to fulfil what they have promifed, fo 'tis ftill
their meaning and intention, that in the cafes aforefaid,
the Spanish troops fhall be immediately withdrawn from
the Duchies of Tuſcany, Parma and Placentia.
This Declaration is to be kept Secret, but is nevertheleſs to be
of the fame Force, &c.
Separate Atricle.
WHEREAS the treaty concluded this day between
his Imperial Catholic Majefty, his Britannick
Majefty, and the High and Mighty Lords the States Ge-
Y 3
neral
( 330 )
}
neral of the United Provinces of the Netherlands, could
not be fubfcribed or figned by the Minifter of the faid
States General refiding at the Imperial Court; becaufe
according to the cuftom of the Republic, and the form
of its government, the full powers could not be diſpatched
to the faid Minifter fo foon as was neceffary; it is agreed
between his Imperial Majefty and his ro al Majefty of
Great-Britain, that the faid States General (there being
feveral conditions in the faid treaty, wherein they are parti-
cularly concerned) fhall be held and reputed as a principal
contracting party, according as they are alfo named in the
-fail treaty, in firm hope and confidence that they would
accede to it, as foon as the ufual form of their govenment
would admit of it. And becauſe the zeal which that re-
public manifefts for eſtabliſhing and fecuring the public
tranquillity, leaves their faid Majefties no room to doubt,
that the faid Republic is defirous of becoming, as ſoon as
may be, a principal contracting party in the faid treaty, to
the end the may partake of the advantages therein ftipu-
lated for her; both their Majesties will therefore unite
their endeavours, that this treaty may be figned at the
Hague on the part of the faid States General, within the
fpace of three months, to be computed from the day of
the figning of the prefent treaty, or fooner if poflible; for
it appeared neceffary both to his Imperial, and his royal
Britannick Majefty, in order to obtain the end propoſed by
the prefent treaty, and for completing the public tran-
quillity, that the faid States General fhould enter into a
part and partnership of the faid conventions.
This feparate Article fhall have the fame Force, &c.
TH
A Declaration concerning Eaft Friefland.
HE States General of the United Provinces of the
Netherlands, having upon feveral occafions affured
his Imperial and Catholic Majefty, that how much foever
they are intereſted in the re-eſtabliſhment and preſervation
of the peace in their neighbourhood, and by confequence
that of the province of Eaft Friefland, it was never their
intention to prejudice in the leaft the dependence of the
faid province of Eaft Friefland, upon the Emperor and
the Empire; his faid Imperial and Catholic Majefty,
to
( 331 )
to give the States a freſh proof of his defire to oblige them
as far as is confiftent with juftice, has been pleaſed to ex-
plain to them his true fentiments on that affair, and by that
means to recover them from the fears they feem to have re-
ceived. In order to this, no heſitation has been made to
declare to them on his part by the prefent act, that his in-
tention always was and ftill is.
I. That an amnefty which he has moft graciouſly grant-
ed to thofe of Embden and their adherents, fhall have its
entire effect; and therefore that the feveral pains and pe-
nalties pronounced against thofe of Embden and their ad-
herents, upon the fcore of their renitency (refiftance)
ſhall not be put in execution. And as for thoſe of them
which have actually been executed fince the moft graci-
ous acceptance of the fubmiffion made by the people
of Embden and their adherents, the whole fhall be reftor-
ed upon the foot it ftood before the faid fubmiffion was
accepted, that is to fay before the third of May, 1729,
faving what is hereafter mentioned of an agreement to
indemnify thofe for their loffes, who were plundered dur-
ing the late troubles.
II. His Imperial and Catholic Majefty, having by his
refolution of the 12th of Sept. 1729, molt graciously per-
mitted thoſe of the town of Embden, and their adhe-
rents, to draw up a freſh account of their grievances, or
matters wherein they thought themſelves aggrieved by the
decrees of 1721, and the years following, concerning the
ground of the affairs upon which they differed with the
prince; and the faid grievances having been afterwards
exhibited to the Imperial Aulick council, with all fub-
miffion, the of November the fame year, his faid
Majefty has already ordered by his moft gracious refo-
lution of the 31st of Auguft, that thofe grievances fhould
be examined as foon as poffible. And as it has been often
declared, it has been and ftill is his conftant defire, that
they ſhould be determined and decided with all the juſtice
and diſpatch that is poffible, according to the agreements,
conventions and deciſions, which make the particular law
of the province of Ealt Frieſland, and which are referred
to in the Prince's reverfal letters, paffed and fworn to at
his acceffion to the regency: provided neverthlefs, that
Y A
under
( 332 )
under the denomination of thofe agreements, conventions
and decifions, none be comprehended which were abro-
gated and annulled by his Imperial Majefty's auguſt pre-
deceffors in the empire, or which ftrike at the fupreme
rights of the Emperor and Empire over the province of
Eaft Friefland. And his Imperial and Catholic Majefty, as
a farther proof of his moft gracious intention to cut as
fhort as juftice will admit him, the examination of the
grievances of the people of Embden, and their adherents,
has already ordained by his refolutions of the 31st of
Auguft laft year, that as foon as the account thercof is
delivered to thofe who are properly to take cognizance
of the fame, according to the tenor of the refolution
above-mentioned, they fhall anſwer it very foon, and
once for all; after which his Imperial Majefty, with the
advice of his Imperial Aulick council, will redreſs every
complaint, article by article, which fhall appear to be
grounded on the agreements above-mentioned.
III. It having been already ordained, purſuant to his
Imperial and Catholic Majefty's laft refolution of the 31ft
of Auguſt, 1730, that the people of the town of Embden,
and their adherents, ought to be admitted into the af-
fembly of the States, which is to be called together to
deliberate freely upon the affairs that lie before them;
his Imperial and Catholic Majefty, will take care, that
this refolution fhall have its entire effect, and that none
of thoſe who have a right to affift therein be excluded,
contrary to the tenor of it.
IV. As to the indemnification, his Imperial Majefty
thinks it proper, that an account be taken of the da-
mages, which according to the tenour of the amnesty pub-
lifhed the in the year 1728, and of the refolution
of the 12th of September, 1729, ought to be made good
by the Renitents;, and that the faid account be commu-
nicated to them, that they may make their objections:
after which his Imperial and Catholic Majefty will caufe
the difference to be amicably adjufted, or on failure of
an accommodation, will, with the utmoft equity, fix the
fum which ſhall be required to make good the damages
fuftained.
V. His
( 333 )
V. His Imperial and Catholic Majefty perfifts in the
intention he always had to take particular care of the
payment of the intereft of the fums which the States of
Eaft Friefland, and of the town of Embden, have borrow.
ed of the ſubjects of the United Provinces, as alſo of the
reimburſement of the capital, according to the engage-
ments entered into on that account.
Another Treaty concluded at Vienna the 22d of July, 1731,
betwee the Emperor of Great-Britain, and Spain.
In the Name of the moſt Holy and Undivided Trinity,
Amen.
T
O all and every one whom it doth or may concern,
Be it known, That different troubles having arifen,
which feemed even to threaten the public tranquillity,
about the introduction of the Spanish garrifon into the
ftrong places of Tufcany, Parma and Placentia, which
his Catholic Majefty thinks it proper to guard with his
own troops inſtead of Neutral, which were to have been
there, purſuant to what had been agreed upon in the treaty
of the Quadruple Alliance: in confequence whereof, his
Imperial and Catholic Majefty, and his Majefty the King
of Great-Britain, to prevent the evils which might reſult
therefrom, did formerly come to an agreement by the third
article of the treaty, concluded and figned at Vienna the
16th of March this prefent year, and by two declarations
thereunto annexed.
Now the faid article, and the declarations thereon de-
pending, having been communicated to his Majesty the
Catholic King, according to his defire, and he having
likewife feen that the faid article and declarations tended
only to render more fecure to the ferene Infaute Don Car-
los his Son, the eventual fucceffion to the Duchies of Tuf.
cany, Parma and Placentia: in fhort, his faid Catholic
Majelly perceiving that the engagements entered into be-
tween him and his Majesty the King of Great-Britain, as
they had been communicated to his Imperial and Catholic
Majefty,
( 134 )
Majefty, and explained in the aforefaid declarations were
entirely performed, he would not be wanting on his part,
to do every thing in his power to eſtabliſh the public tran-
quillity on a furer foot.
To this end, on the part of his Sacred Imperial and
Catholic Majefty, the moft High Prince and Lord, Eu-
gene, Prince of Piedmont and Savoy, actual privy coun-
fellor to his faid Imperial and Catholic Majefty, prefident
of the Aulic council of the Netherlands, and his Lieu-
tenant General, Major General of the Holy Roman Em-
pire, and his Vicar General in all the kingdoms and ſtates
of Italy, colonel of a regement of dragoons, and Knight
of the Golden Fleece: and alfo the moft illuftrious and
moft excellent Lord, Philip Lewis, Hereditary Treaſurer
of the Holy Roman Empire, Count of Zinzendorf, Free
Baron of Ernftbrunn, Lord of the lands of Gfol, the
upper Selowitz, Porliz, Sabor, Mulzig, Lots, Zaan and
Drofkan, Burgrave of Reinec, Hereditary Maſter of the
Horfe, Great Cupbearer in Upper and Lower Auſtria on
this fide Ens, Knight of the Golden Fleece, Chamber-
lain to his Imperial and Catholic Majefty, actual Privy
Counſellor, and firft Cancellor of the Court; together
with the moft illuftrious and moft excellent Lord Thomas
Gundacker, Count of the Holy Empire, of Staremberg,
Schaumburg and Wevemburg, Lord of the lands of
Echelber, Lichtehneg, Rottenegg, Freyſtat, Haus, Ober-
Walfee, Senftenberg, Bodendorff, Hatwan, Knight of
the Golden Fleece, actually Privy Counſellor to his Impe-
rial and Catholic Majefty, and Hereditary Marshal of the
archduchy of Upper and Lower Auftria: and laftly, the
moft illuftrious and moft excellent Lord, Jofeph Lothaire,
Count of the Holy Empire, of Konigsegg and Rothenfels,
Lord of Aulenderff and Stauffen, actualy Privy Counſellor
to his Imperial and Catholic Majefty, Vice-Prefident of
the Aulic Council of the Netherlands, General Field Mar-
fhal, Governor General of
Colonel of foot, and
Knight of the order of the White Eagle in Poland. And
on the part of his Majefty the Catholic King, the moft
illuftrious and moſt excellent Lord James Francis Fitz-
James, Duke of Liria and Xerica, Grandee of Spain of
the
a
( 135 )
he firſt claſs, Knight of the Golden Fleece, of St. Andrew
.nd St. Alexander of Ruffia, Alcalde-Major, firſt and per-
›etual Governor of the town of St. Philip, Chamberlain
o his Majefty the Catholic King, Colonel, and his Mi-
ifter Plenipotentiary to his faid Imperial and Catholic
Majefty. Laftly, on the part of his Majefty the King of
Great-Britain, Thomas Robinſon, Efq; member of the
parliament of Great-Britain, and his Minifter to the faid
imperial and Catholic Majefty. All which minifters fur-
ifhed with full power, after having conferred among
hemſelves, and exchanged their faid full powers, have
greed upon the articles and conditions following,
I. His facred Majefty the Catholic King having ma-
urely examined the third article of the treaty concluded
he 6th of March the prefent year, having likewife ma-
urely examined the declarations mentioned above, which
article and two declarations are on the point of being ex-
ecuted, he has declared that he not only defires nothing
nore, but that he entirely acquiefces therewith. And in
order to remove all occafion of doubt or difpute, his faid
Majefty has given affurances, that he confents and is ready
o do his part, immediately towards renewing and confirm-
ng, in all their articles, claufes, and conditions, as well
he treaty of London, commonly called the Quadruple Al-
iance, concluded the fecond of Auguft, 1718, as the
peace of Vienna in Auftria, figned the feventh of June,
1725, between his facred Imperial and Catholic Ma-
efty, and the holy Roman empire on the one part, and
is faid facred Majefty the Catholic King on the other
art, excepting only with regard to what is mentioned in
he above-mentioned article and declarations, concerning
he change of the neuteral garrifons into Spanish garrifons;
which article, and declarations, have been approved by
heir faid Majefties, and again corroborat d by the prefent
treaty. For this end his facred Majefty the Catholic
King has declared, as he does declare by virtue of this
prefent-article, that the treaties above-named fhall be deem-
ed to be fully renewed and confirmed again, in the fame
manner as they are by the prefent article renewed, and again
confirmed:
+
(336)
confirmed and his Majefty the Catholic King promifes,
as well for himfelf as for his heirs and fucceffors, and in par-
ticular for him of his male-heirs who is to enter into the pof
feffion of the aforefaid Duchies of Tufcany, Parma and Pla-
centia, by right of fucceffion, by virtue of the faid treaties,
and according to the tenor of the letters of eventual in-
veftiture, expedited the gth of December 1723, in cafe the
male line of the families of Medicis and Farnefe fhould
happen to be entirely extinct; or laftly, for him to whom
that fucceffion fhall devolve hereafter, that as well his faid
Majefty as his heirs and fucceffors, and in particular, he
of his male defcendents to whom the faid fucceffion fhall
devolve, fhall engage, and be obliged to do and perform
every thing in general contained in the two treaties above-
mentioned.
II. His facred Imperial and Catholic Majefty, and
his facred Majefty the King of Great-Britain, do likewiſe
promife on their fide, and bind themſelves to his facred
Majesty the Catholic King, his heirs and fucceffors, that
in favour to the male line of the prefent Queen of Spain,
the faid male line having been called to the fucceffion of
the Duchies of Tuſcany, Parma and Placentia, by virtue of
the treaties above-named, and according to the tenor of the
letters of eventual inveftiture, they will entirely accompliſh
all that is fettled in the faid third article of the treaty, con-
cluded the 16th of March the preſent year, and in the two
declarations mentioned as above; all in like manner, as
his facred Imperial and Catholic Majefty, and his facred
Majesty the King of Great-Britain, confenting to renew the
faid treaty of Quadruple Alliance; and his facred Imperial
and Catholic Majefty confenting alfo to renew the peace
of the 7th of June 1725, concluded between his faid
Majefty, and the Holy Roman Empire on the one part,
and his facred Majefty the Catholic King on the other
part. Their faid majefties promife and engage for them-
felves, their heirs and fucceffors, faithfully to perform in
favour of his Majefty the Catholic King, his heirs and
fncceffors, all that they have engaged to do by virtue of
their confent to renew, viz. his facred Imperial and Ca-
tholic Majefty every thing contained, as well in the
}
Quadruple
( 337 )
Quadruple Alliance, as in the faid treaty of peace con-
cluded the feventh of June, 1725, and his facred Majeſty
the King of Great-Britain, every thing which he is en-
gaged to do by the treaty of Quadruple Alliance.
III. Every thing which has hitherto been fettled by
the common and unalterable confent of the contracting
parties, whether in relation only to the introduction of the
Spanish troops, or to the introduction of the ferene In-
fante of Spain Don Carlos, into the Duchies of Parma and
Placentia, according to the tenor of the treaty of Quadruple
Alliance, is to ſerve as a rule in cafe the vacancy remain;
in fuch manner, however, that in this laft cafe, the faid
ferene Infante of Spain Don Carlos, or he who according
to the fifth article of the Quadruple Alliance, fhall be called
to that eventual fucceffion after him, may and ought to
enter into poffeffion of thofe Duchies, precifely in the man-
ner expreffed in the leters of eventual inveftiture, difpatch-
ed the 9th of December, 1723.
IV. Forafmuch as care has been taken to communicate
long fince, and at different times, to the ferene Princes
the Great Duke of Tuſcany, and the Duke of Parma
and Placentia, who were then both living, every thing
that had been regulated by the 5th article of the Quadruple
Alliance, in favour of the ferene Infante of Spain, Don-
Carlos, or in favour of thofe who fucceed to his rights,
purſuant to the treaties above-mentioned, together with
the fore-mentioned engagements between his facred Ma-
jeſty the Catholic King and his facred Majefty the King
of Great Britain: moreover, the above-mentioned third
article of the treaty concluded at Vienna the 16th of March
this year, and the two declarations thereto annexed, hav-
ing likewife been communicated to the Great Duke of
Tuſcany's minifter, and to the minifter of Parma, both
refiding at the Imperial Court; and becauſe there is no-
thing more capable of fecuring the public tranquillity, than
to remove at once all the obftacles and all the difficulties
which might be ftarted, and retard the execution of what
has been agreed upon between the contracting parties: for
thefe reafons, his facred Imperial and Catholic Majefty,
and his facred Majefty the King of Great-Britain, have
promifed
( 138 )
promifed and obliged themſelves, each for himfelf, bona
fide, to try all manner of ways, as foon as the preſent
treaty fhall be figned, to engage alfo the ferene Duke of
Tuſcany to confent forthwith, not only to the introduction
of Spanish troops fo often mentioned, but alfo to whatever
has been formerly regulated in favour of the male line of
the prefent Queen of Spain, by the treaties, conventions,
and declarations above cited; in fuch manner, however,
that all that is above-mentioned fhall not take place till
after the mutual exchange of the ratifications, even though
the Great Duke of Tufcany fhould give his confent to it
fooner.
V. Furthermore, his facred Imperial and Catholic
Majefty, and his facred Majefty the King of Great-Britain
declare, that they defire nothing more than to fee the ferene
Great Duke of Tufcany acquiefce with every thing that
has been fettled in the treaties above-mentioned, for the
prefervation of his dignity and repofe, as well as for his
own fafety and that of the ftates which he governs. Where-
fore the faid contracting powers promife and engage, not
only to one another, but alfo to his Royal Highneſs, to
look upon all and every point fettled in the treaties above-
mentioned to be renewed and confirmed, as well with re-
gard to his dignity, as with regard to his fafety, and
that of the ftates which are under him and they un-
dertake to maintain, fullfil, or, as it is called, to guaranty
them.
".
VI. And becaufe for attaining to this end, and to finish
the wholeſome work which the contracting parties have
undertaken, viz. the entire establishment of the public
tranquillity, nothing has been thought of more importance
than the acceffion of the ferene Great Duke to the pre-
fent treaty; therefore the faid contracting parties have
judged it proper to invite his Royal Highnefs to the faid
acceffion, in the most friendly manner that can be, as they
do expreſsly invite him by the prefent article; to the end
that his Royal Highneſs concurring on his part to ſo ad-
vantageous a work, the public tranquillity of Europe may
be better fecured.
VII. The
( 139 )
VII. The preſent treaty fhall be ratified and approved
by his facred Imperial and Catholic Majefty, by his
facred Majefty the Catholic King, and by his facred Ma-
jeſty the King of Great-Britain; and the letters of ratifi-
cation fhall be communicated and exchanged at Vienna in
Auftria, in the ſpace of two months, to be reckoned from
the day of figning the preſent treaty, or fooner if it can be
done.
In witneſs whereof, the commiffioners of his Imperial
Majefty, in the quality of ambaffadors Plenipotentiaries
extraordinary, and the minifters of their Catholic and
Britannick Majefties furniſhed in like manner with full
powers, to give the neceffary force to the prefent treaty,
have figned it with their own hands, and fealed it with
their feals. Done at Vienna in Auftria, the 22d day of
July, A. D. 1731.
(L. S.) Eugene of Savoy.
(L. S.) P. L. Count of Zinzendorf.
(L. S.) G. Count of Starembreg.
(L. S.) 7. L. Count of Konigsegg.
(L. S.) 7. Duke of Liria.
(L. S.) Thomas Robinfon.
Convention between the Crowns of Great-Britain and Spain,
Conluded at the Pardo on the 14th of January, 1739,
N. S.
WHEREAS differences have arifen, of late years, be-
tween the two crowns of Great-Britain and Spain,
on account of the vifiting, fearching, and taking of vef-
fels, the feizing of effects, the regulating of limits, and
other grievances alledged on each fide, as well in the
Weft-Indies, as eliewhere; which differences are fo fe-
rious, and of fuch a nature, that if care not be taken to
put an entire ftop to them for the prefent, and to pre-
vent them for the future, they might occafion an open
rupture between the faid crowns; for this reafon his Ma-
jelly
( 340
()
340 jefty the King of Great-Britain, and his Majefty the King
of Spain, having nothing fo much at heart as to preferve
and corroborate the good correfpondence, which has fo
happily fubfifted, have thought proper to grant their full
powers, viz. his Britannick Majefty to Benjamin Keene,
Efq; his minifter plenipotentiary to his Catholic Majefty,
and his Catholic Majefty to Don Sabaftian de la Quadra,
Knight of the order of St. James, counfellor of ſtate,
and first fecretary of state and of the difpatches; who
after previouſly producing their full powers, having con-
ferred together, have agreed upon the following articles.
Article I.
Whereas the ancient friendship, fo defirable and fo
neceffary for the reciprocal intereft of both nations, and
particularly with regard to their commerce, cannot be
eftabliſhed upon a lafting foundation, unlefs care be taken,
not only to adjust and regulate the pretenfions for recipro-
cal reparation of the damages already fuftained, but above
all to find out means to prevent the like caufes of com-
plaint for the future, and to remove abfolutely, and for
ever, every thing which might give occafion thereto, it
is agreed to labour immediately, with all imaginable ap-
plication and diligence, to attain fo dfirable an end; and
for that purpoſe there fhall be named, on the part of their
Britannick and Catholic Majefties refpectively, immediately
after the figning of the prefent convention, two minitters
plenipotentiaries, who fhall meet at Madrid within the
ſpace of fix weeks, to be reckoned from the day of the
exchange of the ratifications, there to confer, and finally
regulate the refpective pretenfions of the two crowns, as
well with relation to the trade and navigation in America
and Europe, and to the limits of Florida and of Carolina,
as concerning other points, which remain likewife to be
adjusted; the whole according to the treaties of the years
1667, 1670, 1713, 1715, 1721, 1728, and 1729, in-
cluding that of the affiento of negroes, and the convention
of 1716; and it is alfo agreed, that the plenipotentiaries,
to named, fhall begin their conferences fix weeks after the
exchange
( 341 )
exchange of the ratifications, and fhall finish them within
the ſpace of eight months.
Article II.
The regulation of the limits of Florida and of Carolina,
which, according to what has been lately agreed, was to
be decided by commiffaries on each fide, fhall likewife be
committed to the faid plenipotentiaries, to procure a more
folid and effectual agreement; and during the time that
the difcuffion of that affair fhall laft, things fhall remain
in the aforefaid territories of Florida and of Carolina in the
fituation they are in at prefent, without increafing the for-
tifications there, or taking any new pofts; and for this
purpoſe, his Britannick Majeſty and his Catholic Majeſty
fhall cauſe the neceffary orders to be diſpatched immedi-
ately after the figning of this convention.
Article III.
After having duly confidered the demands and preten-
fions of the two crowns, and of their refpective fubjects,
for reparation of the damages fuftained on each fide, and
all circumſtances which relate to this important affair; it
is agreed, that his Catholic Majefty fhall caufe to be paid
to his Britannick Majefty the fum of ninety-five thoufand
pounds fterling for a balance, which has been admitted as
due to the crown and the fubjects of Great-Britain, after
deduction made of the demands of the crown and ſubjects
of Spain; to the above-mentioned fum, together with the
amount of what has been acknowledged on the part of
Great-Britain to be due to Spain on her demands, may be
employed by his Britannick Majefty for the fatisfaction,
diſcharge and payment of the demands of his fubjects
upon the crown of Spain; it being understood, neverthe-
lefs, that it fhall not be pretended that this reciprocal
diſcharge extends, or relates to the accounts and differen-
ces, which fubfift, or are to be ſettled between the crown
of Spain and the company of the Affiento of negroes, nor
to any particular or private contracts that may fubfift be-
VOL. II.
Ꮓ
tween
+
(342)
tween either of the two crowns, or their minifters with the
fubjects of the other, or between the fubjects and fubjects
of each nation refpectively; with exception however of all
pretenfions of this clafs mentioned in the plan prefented at
Seville by the commiffaries of Great Britain, and included
in the account lately made out at London, of damages fuf.
tained by the fubjects of the faid crown, and efpecially the
three particulars inferted in the faid plan, and inaking but
one article in the account, amounting to one hundred nine-
teen thousand five hundred twelve piaftres, three reals and
three quartils of plate; and the fubjects on each fide fhall
be entitled, and fhall have liberty to have recourfe to the
laws, or to take other proper meafures, for catfing the
abovefaid engagements to be fulfilled, in the fame manner
as if this convention did not exist.
Article IV.
The value of the fhip called the Woolball, which was
taken and carried to the port of Campechy in the year
1732, the Loyal Charles, the Dispatch, the George and
the Prince William, which were carred to the Havana
in the year 1737, and the St. James to Porto Rico in the
fame year, having been included in the valuation that has
been made of the demands of the fubjects of Great Britain,
as alfo feveral others that were taken before; if it happens,
that in confequnce of the orders that have been diſpatch-
ed by the Court of Spain for the reftitution of them, part,
or the whole of them have been reftored, the fums fo receiv-
ed ſhall be deducted from the 95,000l. fterling which is
to be paid by the Court of Spain according to what is
above ftipulated: it being however underſtood, that the
payment of the 95,000l. fterling fhall not be, for that rea-
fon, in any manner delayed; faving that what may have
been previouſly received fhall be restored.
Article V.
The prefent convention fhall be aproved and ratified
by his Britannick Majefty and by his Catholic Majefty;
and the ratifications thereof fhall be delivered and ex-
exchanged
(343)
changed at London within the ſpace of fix weeks, or foon-
er if it can be done, to be reckoned from the day of the
figning.
In witnefs whereof, We the underwritten minifters ple-
nipotentiaries of his Britannick Majeſty and of his Catholic
Majesty, by virtue of our full powers, have figned the
prefent convention, and cauſed the feal of our arms to be
affixed thereto. Done at the Pardo the 14th day of Ja-
nuary, 1739.
B. Keene,
(L. S.)
Sebaftian de la Quadra,
(L. S.)
His Britannick Majefty's Full Power.
GEORGE R.
EORGE the Second, by the Grace of God, of
G Great-Britain, France, and Ireland, King, De-
fender of the Faith, Duke of Brunſwick and Lunenburg,
Arch-Treaſurer of the Holy Roman Empire, and Prince
Elector, &c. To all and fingular to whom theſe preſents
fhall come greeting. Whereas certain differences have
arifen of late years, between us, and our good brother
the King of Spain, concerning the vifiting and fearching
of merchant fhips, and the feizing of them and of their
goods and merchandizes, the regulation of limits, and
other grievances alledged on each fide, as well in the Weſt-
Indies, as elſewhere, which, if care be not taken to put
an end to them at prefent, and proviſion made that the
like may not happen for the future, might at length occa-
fion an open rupture. And whereas we have nothing fo
much at heart, as to take care, by fettling the rights, on
each fide, according to the tenor of the treaties, and by
removing, as much as can be done, all cauſe of complaint
for the future, to eſtabliſh and preferve, for ever, the
friendship that has fubfifted between us and the King of
Spain; and whereas the aforefaid King of Spain has de-
clared, that he will willingly concert with us the proper
Z 2
mea-
(344)
meaſures for obtaining fo defirable an end: know ye
therefore, that we repofing fpecial truft, in the fidelity,
prudence, integrity and diligence of our trufty and well-
beloved Benjamin Keene, Efq; our minifter plenipoten-
tiary at the court of the aforefaid Catholic King, have no-
minated, made, and appointed the faid Benjamin Keene,
as We do, by thefe prefents, nominate, make and appoint
him our true, certain and undoubted commiffioner, pro-
curator and plenipotentiary, giving and granting to him,
all, and all manner of faculty, power and authority, to-
gether with general as well as fpecial order, (fo as the ge-
neral do not derogate from the fpecial, and fo on the
contrary) to meet, treat, confer and conclude for us, and
in our name, with the minifter or minifters furniſhed
with fufficient power on the part of our good brother the
Catholic King, of and upon fuch treaty or treaties, con-
vention or conventions, as may moft conduce to the above
mentioned purpoſes, as alfo upon articles, whether fecret
or feparate; and laftly, upon all things which fhall feem
moſt proper for promoting and perfecting the faid work;
and in our name to fign, and mutually to deliver, and re-
ceive, what ſhall be ſo concluded and agreed, and to do
and perform all other things neceffary to be done, in as
ample manner and form, as we ourſelves, were we pre-
fent, would do and perform; engaging and promifing
on our royal word, that whatever ſhall be concluded by
our faid commiffioner, procurator, and plenipotentiary,
we will ratify, approve, and accept it all in the beſt
manner; and that we will never fuffer any perfon to vio-
late the fame in the whole, or in part, or to act contrary
thereto. In witnefs and confirmation of all which, we
have cauſed our great feal of Great Britain to be affixed to
theſe preſents, figned with our royal hand. Given at our
palace at St. James's, the ninth day of the month of No-
vember, in the year of our Lord, one thouſand ſeven
hundred and thirty-eight, and of our reign the twelfth.
His
(345)
:
D
His Catholic Majefty's Full Power.
ON Philip, by the Grace of God, King of Caftile,
of Leon, of Arragon, of the two Sicilies, of Jeru-
falem, of Navarre, of Granada, of Toledo, of Valencia,
of Galica, of Mayorca, of Seville, of Sardinia, of Cor-
dova, of Corfica, of Murcia, of Jaen, of the Algarves,
of Algezira, of Gibraltar, of the Canary Islands, of the
East and West Indies, Inlands and Terra Firma, of the
Ocean Sea, Archduke of Auftria, Duke of Burgundy, of
Brabant, and Milan, Count of Abſpurg, of Flanders,
Tirol and Barcelona, Lord of Biſcay, and of Molina, &c.
Whereas the differences arifen between this crown and that
of England, by reafon of the captures made by our guarda
coftas in America, vifits, and other proceedings, of the
limits of the dominions of both in thofe regions, and of
other points equally worthy of examination and remedy,
no lefs there than in Europe, did require a ſpeedy, fecure
difpofition to fettle them all amicably. And whereas the
King of Great Britain, our good brother, has manifefted
to us his defire to concur to fo falutary an end as that of
quieting the two nations, by the means of a reciprocal
agreement, to be preceded by a convention, wherein fome
difficulties, which might without this step obftruct it,
fhould be removed: now there concurring in you Don Se-
baftian de la Quadra, Knight of the order of St. James,
of our council of ftate, and our first fecretary of ſtate, and
of the diſpatch, the good qualities that are known to our
experience and confidence, we do authorize and give you
our whole full power, as it is juftly requifite, in the beſt
and moft ample manner, to the end that you may, ac-
cording to the rule of the treaties, difcufs, difpofe, deter-
mine and fign the faid convention, with the feparate or
fecret articles that fhall feem to you to be neceffary for the
rendering of them more clearly folid, and for the common
utility of our kingdoms; and to the end that you may
exchange and receive the inftrument, or inftruments, that
fhall be ftipulated and made, by virtue of the abovemen-
tioned convention, the which and all others befides that
Z 3
you
( 346 )
you fhall treat, debate, determine and fign, we promife
to fulfill and keep on the faith of our royal word, and to
command to be fulfilled and kept in the fame manner, and
with the fame religious integrity; in p rance whereof, I
have ordered the prefent full power to be dispatched, fign-
ed with our hand, fealed with our fecret feal, and coun-
ter-figned by our fecretary of state and of the difpatch of
favour and juftice; at the Pardo, the 10th of January,
17399
I THE KING
Don Jofeph Rodrigo.
Firſt ſeparate Article.
WHEREAS it has been agreed by the first article of
the convention, figned this day, between the mi-
nifters plenipotentiaries of Great Britain and Spain, that
there fhall be named on the part of their Britannick and
Catholic Majeft.cs refpectively, immediately after the
figning the abovefaid convention, two minifters plenipo-
tentiaries, who fhall meet at Madrid within the fpace of
fix weeks, to be reckoned from the day of the exchange
of the ratifications; their faid Majcfties, to the end that
no time may be loft in removing, by a folemn treaty,
which is to be concluded for that purpoſe, all caufe of
complaint for the future, and in eſtabliſhing, thereby, a
perfect good underſtanding, and a lafting friendship, be-
tween the two crowns, have named, and do by thefe pre-
fents name, viz. His Britannick Majefly, Benjamin Keene,
Efq; his faid Majefty's minifter plenipotentiary to his Ca-
tholic Majefty, and Abraham Caftres, Efq; his faid
Britannick Majefty's conful general at the Court of his
Catholic Majelly, his plenipotentiaries for that purpoſe;
and his Catholic Majefty, Don Joferħ de la Quintana, his
counſellor in the fupreme council of the Indies, and Don
Stephen Jofeph de Abaria, Knight of the order of Cala-
trava, counfellor in the fame council, and fuperintendant
of the Chamber of Accounts, who fhall be immediately in-
ftructed
( 347 )
ftructed to begin the conferences: and whereas it has been
agreed by the 3d article of the convention figned this day,
that the fum of ninety-five thousand pounds fterling, is
due on the part of Spain, as a balance to the crown and
fubjects of Great Britain, after deduction made of the
demands of the crown and fubjects of Spain: his Catho-
lic Majefty fhall caufe to be paid at London, within the
term of four months, to be reckoned from the day of the
exchange of the ratifications, or fooner if it be poffible, in
money, the above-mentioned fum of ninety five thoufand
pounds fterling, to fuch perfons as fhall be authorized, on
the part of his Britannick Majeſty, to receive it.
This feparate article fhall have the fame force, as if it
was inferted word for word in the convention figned this
day; it fhall be ratified in the fame manner, and the rati-
fications thereof shall be exchanged at the fame time as
thoſe of the faid convention.
In witnefs whereof, we the underwritten minifters, ple-
nipotentiaries of his Britannick Majefty, and of his Ca-
tholic Majefty, by virtue of our full powers, have figned
this ſeparate article, and have caufed the feals of our arms
to be affixed thereto. Done at the Pardo, the 14th day
of January, 1739.
B. Keene,
(L. S.)
Don Sebaftian de la Quadra,
(L. S.)
Second feparate Article.
WHEREAS the under-written minifters plenipoten-
tiaries of their Britannick and Catholic Majefties
have this day figned, by virtue of full powers from the
Kings their mafters for that purpoſe, a convention for fet-
tling and adjuſting all the demands, on each ſide, of the
crowns of Great Britain and Spain, on account of ſeizures
made, fhips taken, &c. and for the payment of a balance
that is thereby due to the crown of Great-Britain; it is
declared that the ſhip called the Succeſs, which was taken
Z 4
on
(348)
on the 14th dad of April 1738, as fhe was coming out
from the Iſland of Antigua, by a Spaniſh guarda coſta,
and carried to Porto Rico, is not comprehended in the
aforefaid convention; and his Catholic Majefties promifes,
that the faid fhip and its cargo fhall be forthwith reftored,
or the juft value thereof, to the lawful owners; provided
that, previous to the reftitution of the ſaid ſhip the Succefs,
the perfon or perfons intereſted therein do give fecurity at
London to the fatisfaction of Don Thomas Geraldino, his
Catholic Majefty's minifter plenipotentiary, to abide by
what fhall be decided thereupon by the minifter plenipo-
tentiaries of their faid Majefties, that have been named for
finally fettling, according to the treaties, the difputes which
remain to be adjuſted between the two crowns; and his
Catholic Majefty agrees, as far as fhall depend upon him,
that the abovementioned ship the Succefs fhall be referred
to the examination and deciſion of the plenipotentiaries;
his Britannick Majefty promifes like wife to refer, as far as
ſhall depend upon him, to the decifion of the plenipoten-
tiaries, the brigantine Santa Therefa, feized in the port of
Dublin in Ireland, in the year 1735. And the ſaid un-
der-written minifters plenipotentiaries declare by theſe pre
fents, that the 3d article of the convention, figned this
day, does not extend, nor fhall be conftrued to extend to
any ſhips or effects that may have been taken or feized
fince the 10th day of December, 1737, or may be here-
after taken or feized; in which cafes juftice fhall be done
according to the treaties, as if the aforefaid convention had
not been made; it being however understood, that this
relates only to the indemnification and fatisfaction to be
made for the effects feized, or prizes taken, but that the
decifion of the cafes, which may happen, in order to re-
move all pretext for difpute, is to be referred to the pleni-
potentiaries, to be determined by them according to the
treaties.
This feparate article fhall have the fame force, as if it
was inferted word for word in the convention figned this
day it fhall be ratified in the fame manner, and the rati-
fications thereof fhall be exchanged at the fame time as
thoſe of the faid convention.
In
نما
(349)
In witnefs whereof, we the underwritten minifters pleni-
potentiaries of his Britannick Majeſty, and of his Catholic
Majefty, by virtue of our full power, have figned the
preſent ſeparate article, and have caufed the feals of our
arms to be affixed thereto. Done at the Pardo, January
the 14th, 1739.
B. Keene,
(L. S.)
Sebaftian de la Quadra,
(L. S.)
His Britannick Majefty's Ratification of the Convention.
G
EORGE the Second, by the Grace of God, of
Great Britain, France and Ireland, King, Defender
of the Faith, Duke of Brunſwick and Lunenburg, Arch-.
Treaſurer of the Holy Roman Empire, and Prince Elec-
tor, &c.
To all and fingular to whom thefe prefents fhall
come, greeting. Whereas a certain convention between
us, and our good brother Philip the Fifth, Catholic King
of Spain, was concluded and figned by our minifter pleni-
potentiary Benjamin Keene, Efq; and by the miniſter
plenipotentiary of our good brother, the aforefaid Catho-
lic King, Don Sebaftian de la Quadra, Kinght of the
order of St. James, counfellor of ſtate of his faid Catholic
Majeſty, and his firft fecretary of ſtate and of the diſpatch,
at the palace called the Pardo, on the fourteenth day of
this prefent month of January N. S. The tenor whereof
follows.
Fiat Infertio.
We having feen and confidered the convention above-
written, have approved, ratified, accepted and confirmed,
as, by theſe prefents, we do, for us, our heirs and fuc-
ceffors, approve, ratify, accept, and confirm the fame,
in all and fingular its claufes, engaging and promifing,
upon our royal word, fincerely and faithfully to perform
and obferve all and fingular the things which are contained
in the aforefaid convention, and never to fuffer any perfon
to
( 350 )
to violate them, or in any manner to act contrary thereto:
In witness and confirmation of all which, we have caufed
our great feal of Great Britain to be affixed to thefe pre-
fents, figned with our royal hand. Given at our palace
at St. James's, the twenty-fourth day of the month of Ja-
nuary, in the year of our Lord one thouſand ſeven hun-
dred thirty, and of our reign the twelfth.
GEORGE R.
His Catholic Majefty's Ratification of the Convention.
D
ON Philip, by the Grace of God, King of Caſtile,
of Leon, of Arragon, of the Two Sicilies, of Jeru-
falem, of Navarre, of Granada, of Toledo, of Valencia,
of Gallicia, of Mayorca, of Seville, of Sardinia, of Cor-
dova, of Corsica, of Murcia, of Jaen, of the Algarbes,
of Algezira, of Gibraltar, of the Canary islands, of the
Eaft and West Indies, iflands and Terra Firma of the
Ocean Sea, Arch-Duke of Auftria, Duke of Burgundy
of Barbant and Milan, Count of Abfpurg, of Flanders,
Tirol and Barcelona, Lord of Bifcay and of Molina, &c.
Whereas there has been adjuſted, concluded and figned at
the royal feat of the Pardo, on the fourteenth of the pre-
fent month and year, between our minifter plenipotentiary
Don Sebaftian de la Quadra, Kight of the order of St.
James, of our council of ftate, and our firft fecretay of
itate, and of the diſpatch, and Mr. Benjamin Keene, mi-
nifter plenipotentiary from the King of Creat-Britain, our
good brother, a convention, which is of the tenor fol-
lowing.
Fiat Infertio.
Now we do approve and ratify all that is comprehended
in the convention abovementioned, and being thus ap-
proved and ratified in the moſt ample manner that we are
able, we promife, on the faith and word of a king, to
obferve it and keep it, and to command it to be exccuted
and fulfilled in the fame manner, as if we had treated it in-
Qur
( 351 )
our own perſon, without doing, or letting be done, in any
manner whatſoever, or permitting to be done any thing to
the contrary; and that, if it fhould be done, we will or-
der it to be repaired in effect, without difficulty or delay.
In witnefs whereof we give this prefent, figned with our
hand, fealed with our fecret feal, and counterfigned by
our underwritten counfellor of ftate, and firft fecretary
of ftate, and of the difpatch. Given at the Pardo, the
15th of January, one thoufand feven hundred and thirty-
nine.
I THE KING
Sebaftian de la Quadra.
His Britannick Majefty's Ratification of the First
ſeparate Article.
G
EORGE the Second, by the Grace of God, of
Great Britain, France and Ireland, King, Defender
of the Faith, Duke of Brunſwick and Lunenburg, Arch-
Treaſurer of the Holy Roman Empire, and Prince Elec-
tor, &c. To all and fingular, to whom thefe prefents ſhall
come, greeting. Whereas a certain feparate article, en-
titled the first, belonging to the convention between us
and our good brother, Philip the Fifth, Catholic King
of Spain, concluded and figned at the palace called the
Pardo, on the fourteenth day of this prefent month of Ja-
nuary, N. S. by our minifter plenipotentiary Benjamin
Keene, Efq; and by the minifter plenipotentiary of our
good brother the aforefaid Catholic King, Don Sebaftian
de la Quadra, Knight of the order of St. James, counfel-
lor of itate, of his fad Catholic Majefty and his firſt
fecretary of ſtate, and of the difpatch, was concluded and
figned at the fame place, and on the fame day, the tenor
whereof follows.
Fiat Infertio,
We having feen and confidered the above-written first
feparate article, have approved, ratified, accepted and con-
firmed,
(352)
firmed, as by thefe prefents we do, for us, our heirs and
fucceffors, approve, ratify, accept and confirm the fame,
engaging and promifing, upon our royal word, to perform
and obferve all and fingular the things which are contained
in the aforefaid feparate article in like manner as the con-
vention itſelf. In witnefs and confirmation of all which,
we have caufed our great feal of Great Britain to be af-
fixed to thefe prefents, figned with our royal hand.
Given at our palace at St. James's, the twenty-fourth day
of the month of January, in the year of our Lord one
thouſand ſeven hundred thirty cight and of our reign the
twelfth.
nine
GEORGE R.
His Britannick Majefty's Ratification of the Second
feparate Article.
G
EORGE the Second, by the Grace of God, of
J Great Britain, France and Ireland, King Defender
of the Faith, Duke of Brunswick and Lunenburg, Arch-
Treaſurer of the Holy Roman Empire, and Prince Elec-
tor, &c. To all and fingular to whom thefe prefents fhall
come, greeting. Whereas a certain feparate article, en-
titled the Second, belonging to the convention between
us, and our good brother Philip the Fifth, Catholic King
of Spain, concluded and figned at the palace called the
Pardo, on the fourteenth day of this preſent month of
January, N. S. by our mininfter plenipotentiary, Benjamin
Keene, Efq; and by the minifter plenipotentiary of our
good brother, the aforefaid Catholic King, Don Sebaf-
tian de la Quadra, Knight of the order of St. James,
counſellor of ſtate of his faid Catholic Majefty, and his
firft fecretary of ſtate, and of the difpatch, was concluded
and figned at the fame place, and on the fame day, the
tenor whereof follows,
Fiat Infertio.
We having feen and confidered the abovewritten Se-
cond feparate article, have approved, ratified, accepted
and
( 353 )
and confirmed, as, by theſe prefents, we do, for us, our
heirs and fucceffors, approve, ratify, accept, and confirm
the fame, engaging and promifing, upon our royal word,
to perform and obferve all and fingular the things which
are contained in the aforefaid ſeparate article, in like man-
ner as the convention itſelf. In witnefs and confirmation
of all which, we have caufed our great feal of Great Bri-
tain to be affixed to theſe prefents, figned with our royal
hand. Given at our palace at St. James's, the twenty-
fourth day of the month of January, in the year of our
Lord one thouſand feven hundred thirty and of our
reign the twelfth.
eight
nine ›
GEORGE R.
His Catholic Majefty's Ratification of the Firſt fepa-
rate Article.
D
ON Philip, by the Grace of God, King of Caftile,
of Leon, of Arragon, of the Two Scilies, of Jeru-
falem, of Navarre, of Granada, of Toledo, of Valencia,
of Gallicia, of Mayorca, of Seville, of Sardinia, of Cor-
dova, of Corfica, of Murcia, of Jaen, of the Algarbes,
of Algezira, of Gibraltar, of the Canary iſlands, of the
Eaft and Weft Indies, iflands and Terra Firma of the
Ocean Sea, Arch-Duke of Auftria, Duke of Burgundy,
of Brabant and Milan, Count of Abfpurg, of Flanders,
Tirol and Barcelona, Lord of Bifcay and of Molina, &c.
Whereas at the fame time, that at the ro al feat of the
Pardo, on the fourteenth of the prefent month and year,
there was a convention concluded and figned, between
our minifter plenipotentiary Don Sebaftian de la Quadra,
Kight of the order of St. James, our counfellor of ftate,
and our firft fecretary of ſtate, and of the diſpatch, and
the miniſter plenipotentiary of the King of Great Britain,
Mr. Benjamin Keene, there was alfo concluded and fign-
ed a ſeparate article of the tenor following.
Fiat Infertio.
Now the fame having been feen and examined, We
have thought fit to approve it and ratify it, (as by virtue
*
of
( 354 )
2
of this preſent, we do approve and ratify it) in the beſt
and moſt ample manner that we are able, according, and
as it is mentioned and expreffed therein; promifing on
the faith of our royal word, to fulfill it entirely, and that
it fhall have the fame vigour and force as if it had been
inferted in the faid convention. In witnefs whereof, we
have ordered this prefent to be difpatched, figned with
our hand, fealed with our fecret feal, and counter-figned
by our under-written counfellor of ftate, and firft fecretary
of ftate and of the diſpatch. Given at the Pardo, the
15th of January, one thouſand ſeven hundred and thirty-
nine.
I THE KING.
Sebaftian de la Quadra.
His Catholic Majefty's Ratification of the Second
feparate Article.
D
ON Philip, by the Grace of God, King of Caftile,
of Leon, of Arragon, of the Two Sicilies, of Jeru-
falem, of Navarre, of Granada, of Toledo, of Valencia,
of Galicia, of Mayorca, of Seville, of Sardinia of Cor-
dova, of Corfica, of Murcia, of Jaen, of the Algares,
of Algezira, of Gibraltar, of the Canary Iſlands, of the
Eaft and West Indies, Iſlands and Terra Firma of the
Occan Sea, Archduke of Auftria, Duke of Burgundy, of
Brabant, and Milan, Count of Abfpurg, of Flanders,
Tirol and Barcelona, Lord of Bifcay, and of Molina, &c.
Whereas at the fame time, that at the royal feat of the
Pardo, on the fourteenth of the prefent month and year,
there was a convention concluded and figned between our
minifter plenipotentiary Don Sebaftian de la Quadra,
Knight of the order of St. James, our counfellor of ftate,
and firft fecretary of ftate, and of the difpatch, and the
minifter plenipotentiary of the King of Great Britain, Mr.
Benjamin Keene, there was alfo concluded and figned a
feparate article, of the tenor following.
Fiat Infertio.
Now the fame having been feen and examined, we
have thought fit to approve it and ratify it, (as by virtue
of
Clay J
( 355 )
of this prefent, we do approve and ratify it) in the beſt
and moſt ample manner that we are able, according, and
as it is mentioned and expreffed therein; promifing on the
faith of our royal word, to fulfill it entirely, and that it
fhall have the fame vigour and forces if it had been in-
ferted in the faid convention. In witnefs whereof, we
have ordered this prefent to be difpatched, figned with
our hand, fealed with our fecret feal, and counter-figned
by our under-written counsellor of ſtate, and firft fecretary
of ſtate and of the difpatch. Given at the Pardo, the 15th
day of January, one thouſand feven hundred and thirty-
nine.
I THE KING.
Sebaftain de la Quadra.
The definitive Treaty of Peace, Union, Friendship, and mu-
tual Defence, between the Crowns of Great Britain, Hun-
gary, and Sardinia, concluded at Worms on the of
September, 1743.
G EORGE the Second, by the Grace of God, King
of Great Britain, France, and Ireland, Defender of
the Faith, Duke of Brunſwick, and Lunenburg, Arch-
Treaſurer, and Prince Elector of the Holy Roman Em-
pire, &c. To all and fingular to whom thefe prefents fhall
come, greeting. Whereas the minifters plenipotentiary,
as well on our part, as on the part of our good Brother
the King of Sardinia, &c. and of our good fifter the Queen
of Hungary and Bohemia, &c. being affembled at Worms,
and fufficiently authorized thereto, did conclude, and fign
a certain treaty of mutual friendship and perpetual alli-
ance, on the day of the prefent month of Septem-
ber, in the form and words following.
1
2
In the Name of the moft Holy Trinity.
E it known to all, and every one, to whom it ap-
pertains, or may appertain, in any manner
B what-
foever.
Foraf
( 356 )
Forafmuch as the diſturbances, which, upon the deceaſe
of the Emperor Charles the Sixth, of glorious memory,
without male iffue, arofe in Germany, notwithſtanding the
exprefs tenor of the moft folemn and recent treaties of
peace and alliance, corroborated by the authentic gua-
ranty of the body of the Empire, which do affure to his
eldeſt daugther, and to her pofterity, the entire and indi-
vifible fucceffion to his hereditary dominions, do mani-
feftly tend to the overthrow of all balance in Europe, and
do expofe its liberty, and that of its commerce, to the
moft evident danger: which danger is ftill increafed by the
conqueft which the Kings of Spain and Naples have openly
undertaken to make of the dominions poffeffed by the
moft ferene Houſe of Auftria in Italy, contrary to the faith
of their own engagements; after which, the reft of Italy
would no longer be able to refift them, and all the coafts
of the Mediterranean fea would be under fubjection to
one and the fame family.
To obviate, as much as in them lies, fuch imminent
evils, and an enterprize, whofe confequences would be fo
fatal to all the princes and ftates of Italy, to their li-
berty and commerce, and to that of the maritime powers
in the Mediterranean fea, the moſt ferne and most potent
Prince George the Second, King of Great Britain, Elector
of Brunswick, Lunenburg, &c. the moft ferene and moſt po-
tent Princess Maria Therefia, Queen of Hungary and Bohe-
mia, Archduchefs of Auftria, &c. and the moſt ferene and
moſt potent Prince Charles Emanuel King of Sardinia,
Duke of Savoy, &c. having fuch an effential intereft in the
preſervation of a juft balance in Europe, on which depends
the liberty of Europe, and in the maintenance of the li-
berty and ſecurity of Italy in particular, on which depends
that of its commerce, and of the commerce of the Medi-
terranean, have refolved to enter into clofer and more in-
ſeparate union, in this fixt intention, and to preferve in-
violably in joining their forces and counfels in order
to obtain the effect defired therefrom, and more efpe-
cially for the fake of repelling, with one accord, the unjuſt
invafion made by the Kings of Spain and Naples, and for
fecuring Italy, if poffible, for the furture, from all attempts
of the fame kind.
In
>
( 357 )
1
In this view, and in order to prevent the faid invafion,
without lofs of time, his Majefty the King of Sardinia did
enter, from the ift day of February, 1742, into a pro-
viſional convention with her Majefty the Queen of Hun-
gary, the tenor whereof is as follows.
As it is fufficiently evident, that the motions of the
Spanish troops, which having landed in the States of the
Præfidii, are advancing in the dominions of the Pope, in
order to join thofe of Naples, and from thence to purfue
their march as far as Imola, are bent according to cer-
tain intelligence, towards Lombardy, and muft neceffarily
very much affect his Majefty the King of Sardina, as well
as her Majesty the Queen of Hungary and Bohemia, their
Majesties have thought by the means of the Marquis
d'Ormea and of the Count de Schulenbourg (they being
refpectively provided with the neceffary full powers) of
concerting and agreeing upon the following articles, un-
der the hopes of their being ratified and accepted.
Article I.
The forces of her Majesty the Queen of Hungary
alone, which are now in Italy, appearing fufficient to make
head against the aggreffors, they fhall be brought to-
gether, in order to march towards them, and to give an
immediate check to their progrefs, and particularly in order
to cover the States of Modena, and Mirandola, which are
as it were; a bulwark to the dominions of the Queen of
Hungary in Italy.
Article II.
The faid King of Sardinia fhall, in the mean while,
have a confiderable body of his troops upon the frontiers
of his dominions towards the borders of the Milaneſe, and
of the Duchy of Placentia, which ſhall be diſpoſed in ſuch
a manner, as that they may be brought together in a
fhört time; and in cafe the forces of the aggreffors ſhould
come to be augmented, and that there fhould be caufe to
fear a new invafion on any other fide, as is probable, ac-
cording to the advices that have been received, that a fe-
VOL. II,
A a
cond
( 358 )
cond convoy of Spanish troops has already fet fail at Bar-
celona, and that they are to land in the harbour of La
Spezia, his Majefty fhall then co-operate with all his forces
for preventing the body of Auftrian troops, which fhall
have marched forward, from being either taken in flank,
or intercepted by that new reinforcement of Spanish troops;
and to this end, all the paffages in the States above-men-
tioned, and principally, the places of Parma, Placentia,
and Pavia, fhall remain free and open to the King's
troops for their convenience and fecurity.
Article III.
As to what relates to further motions, and fuch other
military operations, as might be afterwards undertaken, as
they muſt depend upon the circumftances which fall out
from day to day, it is neceffary to refer them to the con-
cert which ſhall be entered into, in proportion to the cir-
cumſtances which fhall happen; and for th's purpoſe, his
Majesty the King of Sardinia fhall fend one of his general
officers to the army of her Majesty the Queen of Hungary,
and her Majesty the Queen of Hungary fhall fend one of
her's likewife to refide with his Majelty the King of Sar-
dinia: to which general officers fhall be reciprocally com-
municated, all the advices that fhall be received about the
enemy; and all the refolutions which fhall be taken on
either fide fhall be concerted with them.
Article IV.
Nothing being fo neceffary towards obtaining the end
defired on each fide, as the reciprocal fecurity of the re-
fpective poffeffions, and rights, and a confidence in the
good faith of the parties, who are to co-operate towards
the fame end, his Majefty the King of Sardinia promifes,
upon the faith and word of a Prince, to her Majefty the
Queen of Hungary; Firft, That, for as long time as
the prefent provifional agreement fhall laft, he will not
avail himſelf of his pretended rights to the ftate of Milan,
which are not entered into in this provifional convention,
forafmuch as the Queen of Hungary cannot admit them,
and
(359)
and the King of Sardinia on the contrary thinks them
founded; and Secondly, That if it fhould be neceffary
that his faid Majefty fhould enter, with his forces, into
any one of the ftates above-mentioned, he will not exerciſe
in the fame any act of fovereignty, and will not in any
wife hinder the Queen of Hungary from continuing to
exerciſe them in the manner, that that Princefs has done it
hitherto; neither will his Majefty exact any contribution,
and will content himfelf in the faid cafe with being fur-
niſhed with fuch things as are indifpenfably requifite to an
army; as for inftance, forage, wood, quarters, carts,
beds, caferns, and ſtraw, the rations where of ſhall be re-
gulated upon the foot on which they are uſually allowed
to his troops; as alſo horſes, mules, and oxen, for the uſe
of the artillery, and victuals.
Article V.
On the other hand, her Majefty the Queen of Hungary
declares in the like folemn manner, that it is not her
meaning, that the aboveſaid promifes of his Majeſty the
King of Sardinia, nor the execution of them, fhould pre-
judice the rights by him pretended to the ftate of Milan,'
nor ever to avail herſelf of them, fo as to infer from thence
that the ſaid rights were no longer fubfifting; the intention
of the two high contracting parties being to preferve to
each of them their refpective rights in their full force, in
fuch manner as they may appertain to them, indepen-
dently of the prefent convention.
Article VI.
And it is likewife in this view, that his Majefty the
King of Sardinia referves to himſelf exprefly the entire li-
berty of availing himſelf of his faid rights, at whatever
time, and by whatever means, either by himſelf fingly,
or by fuch alliance as he fhall judge to be moſt for his
convenience.
Article VII.
But as his Majefty does not mean to acquire any advan-
tage by the ſaid reſervation, and defigns to proceed with
A a 2
all
(360)
all the good faith, which is natural to him, he promifes
and engages, in the cafe above-mentioned, not to act
himſelf, nor to permit any prince, with whom he might
be allied, to act, (which his Majefty will take care to
ſtipulate as a principal condition, in any treaty whatfoever,
which he might conclude) fooner than after the ſpace of
one month, from the time that he fhall have caufed notice
to be given by the means of the general officer, which he
fhall have at the Queen of Hungary's army; to the end
that the commanding officer of the Auſtrian troops, being
thus put upon his guard, may take fuch meafures and re-
folutions, as he fhall judge moft for his advantage.
Article VIII.
Moreover the King of Sardinia promifes, in that cafe,
to make his troops evacuate all the dominions of the Queen
of Hungary, and all the places and pofts, which he fhould
have taken poffeffion of during the prefent provifional
agreement, without carrying any thing off; to the end
that the troops of the abovefaid Queen, may, during the
taid month, retake, freely and without any hindrance, the
pofts which they fhall think proper.
Article IX.
The prefent convention fhall be ratified by the King of
Sardinia and by the Queen of Hungary, and the acts of
ratification fhall be exchanged within the term of twenty
days.
Article X.
During the faid term, the King of Sardinia fhall not
underſtand himſelf to be obliged to caufe his troops to en-
ter into the ftates poffeffed by the Queen of Hungary;
and if, after the expiration of the faid term, the Queen
fhould not have fent her ratification, fo that for want of it,
the prefent convention ſhould remain without effect, ne-
vertheleſs the king fhall not, in that cafe, caufe his troops
to enter into the above-mentioned ftates, during the term
of
(361)
of other ten days, neither during that term fhall he give
any hindrance to the free return of the Auftrian troops into
the fame ftates, and into fuch pofts as the Queen of Hun-
gary's generals fhall judge to be moft convenient.
In witneſs whereof, we the underwritten plenipotenti-
aries have figned the prefent convention, &c. at Turin,
the first of February, 1742.
In confequence of this convention, his Majesty the King
of Sardinia did immediately join a confiderable body of his
troops to thoſe of the faid Queen, his Majefty the King of
Great-Britain having fent a ftrong fquadron to co-operate
for the maintenance of the liberties of Italy.
Оле
In order not to leave fruitlefs fo great expences, and to
fecure ſtill further, and to accelerate, for the prefent, the
entire execution of fo neceffary and juft a refolution, and
in order likewife to perpetuate the effect of it for the times
to come, their faid Majefties have authoriſed, and do au-
thoriſe their minifters plenipotentiary to make an imme-
diate regulation of the particulars and of the conditions,
viz. His Majefty the King of Great-Britain, his privy-
counſellor John Lord Carteret, Baron of Hawnes, one of
his principal fecretaries of ftate, &c. His Majefty the
King of Sardinia, the Chevalier Offorio, Chevalier Grande
Croix, and grand confervator of the religious and military
orders of the Saints Maurice and Lazarus, envoy extraor-
dinary and minifter plenipotentiary of his faid Majefty to
his Majesty the King of Great-Britain. And her Majefty
the Queen of Hungary and Bohemia, the Sieur Ignatius
John de Wafner, her minifter plenipotentiary to his faid
Britannick Majefty; who, after having communicated to
each other their refpective full powers, and having ma-.
turely conferied together, have agreed upon the following
articles.
Article I.
There fhall be, from the prefent time, and for all times
to come, between his Majesty the King of Great-Britain,
A a 3
her
(362)
her Majesty the Queen of Hungary and Bohemia, and his
Majefly the King of Sardinia, a cloſe friendſhip, and fin-
cere, perpetual, and inviolable alliance, by virtue of
which they fhall be obliged to fupport, defend, and fuc-
cour each other reciprocally and conftantly, to be attentive
to the fecurity each of the other, as to their own, to pro-
cure all advantages, and to keep off all damage and pre-
judice from one another to the utmost of their
power.
Article II.
To this end the allies engage themfelves afrefh to a moft
exprefs guaranty of all the kingdoms, ftates, countries, and
dominions, which they are now in poffeffion of, or ought
to poffefs by virtue of the treaty of alliance made at Turin
in 1703: of the treaties of peace of Utrecht and Baden :
of the treaty of peace and alliance, commonly called the
Quadruple alliance: of the treaty of pacification and al-
liance concluded at Vienna the 16th of March, 1731: of
the act of guaranty given in confequence thereof, and
paffed into a law of the empire, the 11th of January,
1732: of the act of acceffion, figned likewife in confe-
quence of the faid treaty, at the Hague the 20th of Fe-
bruary, 1732 of the treaty of peace figned at Vienna,
the 18th of November, 1738; and of the acceffion there-
to, done and figned at Verlailles the 3d of February, 1793:
all which treaties are fully recalled and confirmed here,
forafmuch as they may concern the allies, and as far as
they have not derogated from them by the prefent treaty.
Article III,
In conformity to the guaranty contained in the foregoing
article, and to the end that no fubject of difpute may
remain between the two'moſt ferenc houſes of Auſtria
and Savoy, his Majefty the King of Sardinia, for himſelf, his
heirs and fucceffors. renounces by name, and for ever, but
folely in favour of her Majefty the Queen of Hungary and
Bohemia, and of her heirs and fucceffors, to his pretended
rights upon the ſtate of Milan; which rights, though never
admitted on the part of the Qucen, he had referved to him
filf,
( 363 )
felf, by the provifional convention, the liberty of availing
himfelf of. And belides, his Majefty the King of Sardi-
nia engages himself formally and fpecially to the guaranty
of the order of fucceffion eftablished in the faid moft ferene
houſe, by the pragmatic fanction, in the fame manner as
it is fet forth in the treaty of pacification and alliance made
at Vienna the 16th of March 1731, excepting however,
that his fa'd Majeſty ſhall never be obliged to fend fuccours
out of Italy.
Article IV.
For this purpoſe his Majesty the King of Sardinia, who
has already joined his troops to thofe of the Queen of
Hungary, and who has already confiderably augmented
them, fhall continue to concert and execute, jointly with
her and her generals, all the meaſures and operations which
fhall be judged the moft effectual for keeping off and re-
pelling the invaſion now made, or to be hereafter made,
against the dominions of the faid Queen, and for ſecuring
them from all danger, prefent and future, as much as pof-
fible.
Article V.
In order to attain this end, and as long as the preſent
war fhall laft, her Majesty the Queen of Hungary engages
not only to keep in Italy the number of troops which the
has there now, but to augment them to the number of
30,000 effective men, as foon as the fituation of affairs in
Germany will permit it. And his Majefty the King of
Sardinia engages to keep and employ the number of 40,000
foot, and 5000 horfe, comprehending in it what will be
neceffary for the garrifons, and defence of his own domi-
nions.
Article VI.
A
His Majesty the King of Sardinia fhall have the fupreme
command of the allied army, when he fhall be there in
perfon, and he fhall regulate the military motions and
A a 4
operations
(364)
operations of it, in concert with her Majefty the Queen of
Hungary, according as the common intereft and occafions
fhall require.
"
·
Article VII.
As long as it fhall be neceffary towards favouring and
feconding thofe operations, and as long as the danger of
the allies, and of Italy, fhall demand it, his Majefty the
King of Great-Britain engages to keep in the Mediterranean
Sea, a ftrong fquadron of fhips of war, and bomb veffels,
and fire-fhips, the admiral and commanders whereof fhall
have orders to concert conftantly and regularly with his
Majefty the King of Sardinia, or with his generals, and
with thoſe of her Majesty the Queen of Hungary, who
fhall be neareſt at hand, the moft proper meafures for the
fervice of the common caufe.
Article VIII.
9
Morcover, and in order to aſſiſt in bearing the extraor-
dinary expence which his Majesty the King of Sardin a is
and will be obliged to fupport, for raifing, and caufing to
act, a much greater number of troops than his own reve-
nues can maintain, his Majefty the King of Great-Britain
engages to furniſh to him, for as long as the war, and the
occafion for it fhall continue, a fubfidy of two hundred
thousand pounds sterling per annum, to be paid every
three months, and to commence from the 1ft of February,
1742, New Style, being the day upon which the provi-
fional convention was figned between the faid King and her
Majesty the Queen of Hungary; and the faid fubfidy
fhall be punctually paid from three months to three
months in advance; provided however, that what fhall
have been advanced to his Majefty the King of Sardinia,
before the fignature of the prefent treaty, fhall be reckoned
into it.
Article IX.
In confideration of the zeal, and generofity, with which
his Sardinian Majefty has been willing to expofe his per-
fon
( 365 )
fon, and his dominions, for the public caufe, and for
that of her Majesty the Queen of Hungary and Bohemia,
and of the moſt ferene houfe of Auftria, in particular, and
of the effectual fuccours, which the faid caufe has already
received from him; in confideration alfo of the burthen-
fome engagements of affiftance, and of the perpetual tye
of guaranty, which he contracts with her, by the prefent
alliance, her faid Majefty the Queen of Hungary and Bo-
hemia, for herfelf, her heirs and fucceffors, yields, and
transfers, from this prefent time and for ever, to his faid
Majefty the King of Sardinia, his heirs and fucceffors, to
be united to his other dominions, the diftrict of Vige-
vano, called the Vigevenafco, the part of the duchy of
Pavia, which is between the Po and the Thefin, fo that
the Thefin fhall for the future, by the middle of its ſtream,
form the feparation and limit between the refpective do-
minions, from the Lago Maggiore, or greater lake, to
the place where it falls into the Po, excepting only the
ifland formed by the canal over-against the city of Pavia,
which iſland fhall be referved to her Majefty the Queen,
upon thefe conditions, that the King fhall have neverthe-
lefs the free communication of the river Thefin for the
paffage of barks, without their being either ſtopt, viſited,
or fubjected to the payment of any duty, and that the faid
canal thall never be filled up, and fhall ferve in this place
for a limit. Moreover, that other part of the duchy of
Pavia, called the Pavefe, beyond the Po, Bobbio, and its
territory being reckoned into it, the city of Plaifance, with
that part of the duchy of Placentia, which is between the
Pavefan, and as far as the bed of the river Nura, from its
fource quite to the Po; in fuch manner that the middle,
as well of the Nura as of the Po, do make in this part the
limit of the two ftates; and confequently, that which has
hitherto belonged to the duchy of Placentia on the other
fide of the Po, do remain feparated from it.
Laftly, that part of the county of Anghiera, or of the
ftate of Milan, whatſoever particular name may be given
to it, which borders upon the Novarefe, the valley of
Sefia, the Great Alps, and the country of Vallais, extend-
ing to the Swifs prefectures of Val Maggia and Locarno,
and
{366)
and along the banks of, and in the Lago Maggiore, to
the middle of the faid lake, in fuch manner, that for the
future the confines between the dominions of his Majesty
the King of Sardinia, and thofe of her Majefty the Queen"
of Hungary, fhall be continually fixed by a line drawn
from the borders of the Swifs, in the middle, and all along
the Lago Maggiore to the mouth of the Thefin, which
line fhall go from thence along the middle of the ſtream
of that river to the place of its falling into the Po, ex-
cepting the front of the above-mentioned ifland before
Pavia, and from thence go on along the middle of the
courſe of the Po, to the place where the Nura falls into
the Po, and go up by the middle of the bed of the Nura
quite to its fource, which is oppoſite to the country of
Genoa.
The aboveſaid divifion of the courfe of the rivers fhall
not prevent the navigation remaining free, as it is to re-
main to the fubjects of the two fovereigns, in the whole
breadth of the faid rivers, with liberty to pafs upon the
banks on either fide, for the towing of boats which go up
tream, the faid banks being neverthelefs to appertain,
as well with regard to the property, as in all other refpects
to the fovereigns refpectively, on either fide of the faid
rivers, who fhall be allowod, each on their own tide, to
make fuch reparations as they fhall judge neceffary towards
ftrengthening of them, provided that thofe reparations be
not prominent, that is to fay, that the may not force the
tream of the river againſt the oppofite fide, and that, on
the part of the King of Sardinia, it fhall never be lawful,
under any pretence whatfoever, to make fuch works as
might prevent the free entry of the waters into the canal or
Navilio, which is on the fide of her Majefty the Queen of
Hungary, and which conducts the faid waters to Milan.
To enjoy the fame in full property and fovereignty, as
her Majesty the Queen and her predeceflors have enjoyed
them hitherto; which countries her Majeft the Queen
difimembers for ever from her hereditary dominions, and
from the ftate of Milan, derogating, for that purpoſe, as
far as there can be occafion for it, from every thing that
might in any manner be contrary thereto, faving always
the direct jurifdiction of the empire.
Article
(367)
Article X.
Befides, as it is of importance to the public caufe, that
his Majesty the King of Sardinia fhould have an immediate
communication of his dominions with the fea, and with
the martime powers, her Majefty the Queen of Hungary
and Bohemia, yields to him all the rights which ſhe may
have in any manner, and upon any title whatfoever, to
the town and marquifate of Final, which rights the yields
and transfers, without any reſtriction, to the ſaid King,
in the fame manner as fhe docs the countries defcribed in
the foregoing article; in the juft expectation, that the
republic of Genoa will facilitate, as far as fhall be necef-
fary, a difpofition fo indifpenfably requifite for the liberty
and fecurity of Italy, in confideration of the fum, which
fhall be found to be due to the faid republic, without his
Majesty the King of Sardinia, nor her Majesty the Queen
of Hungary being obliged to contribute to the payment
of the faid fum, provided always, that the town of Final
be and remain for ever a free port, as is Leghorn; and
that it fhall be allowable for his Majefty the King of
Sardinia to re-eſtabliſh there the forts which have been de-
moliſhed, or to caufe others to be built according as he
fhall judge convenient.
Article XI,
His Majesty the King of Great-Britain, her Majeſty the
Queen of Hungary and Bohemia, and his Majefty the
King of Sardinia, engage themfelves not to make either
peace or truce, without comprehending therein, in exprefs
words, all the above-mentioned ceffions, and without fti-
pulating alſo a full reftitution to the King of Sardinia of
every part of his other dominions, which may have been
feized or occupied in hatred of his union with the allies;
provided, that the King of Sardinia fhall hold himſelf to
be from this prefent time indemnified for the revenue which
might be fo withheld from hum, by hat of the countries.
yielded and transferred to him by the prefent treaty.
Article
(368)
Article XII.
In return, his Majefty the King of Sardinia fhall remain
firmly and infeparably united and attached to the intereſts
and to the caufe of the allies, not only for as long as the
war may laft in Italy, but to the conciufion of the peace in
Germany, and cf the peace between Great-Britain and
Spain; and this is the principal condition, and fine quà
Don, of the ceffions made to him above by the 9th and
Toth articles of this treaty, which cefiions fhall not receive
their full and irrevocable force, but from its entire accom-
pliſhment, after which the countries yielded to the faid
King, fhall be deemed guarantied to him by the allies for
ever, as his other dominions are.
Article XIII.
And as foon as Italy fhall be delivered from enemies,
and out of all apparent danger of being a freſh invaded,
her Majesty the Queen of Hungary fhall not only be at
liberty to withdraw part of her troops, but, if the requires
it, his Majesty the King of Sardinia, fhall furnish her fome
of his own troops to be employed in the fecurity of her
Majefty's dominions in Lombardy, that fo fhe may be able
to make uſe of a greater number of her own in Germany,
in like manner as, at the requifition of the King of Sar-
dinia, the Queen of Hungary fhould caufe fome of her
troops to pass into the dominions of the faid King, if it
were neceffary, for defending the paffages thereof, which
an enemy's ariny thould undertake to force, and for deli-
vering from enemies all the dominions of his majesty the
King of Sardinia, and freeing them from any danger of a
freſh invaſion.
Article XIV.
!.
In any cafe, the allies fhall not make either peace, or
truce, or accommodation whatfoever, with the common
enemy, but in concert, and with the participation and ad-
vice one of the other, nor without the guaranty of fuch
power
( 369 )
powers as fhould have a fhare in the pacification, for the
poffeffions and acquifitions of the allies, as fet forth in this
treaty; and after the conclufion of the peace, the preſent
alliance fhall equally and unalterably fubfift, as well for
the fecurity of its execution, as, in general, for the mutual
and conſtant ſecurity of the allies.
Article XV.
His Majesty the King of Sardinia, and her Majefty the
Queen of Hungary and Bohemia, in gratitude for the ge-
nerous concern of his Britannick Majefty for the public
fecurity, and for theirs, and for that of Italy in particular,
do not only confirm to the British fubjects the advantages
of commerce and navigation, which they enjoy in their
reſpective dominions, but promiſe to fecure them ftill far-
ther to them, and as far as it fhall be found reaſonable
and practicable, by a ſpecific treaty of commerce and
navigation, whenever his Britannick Majefty fhall require
it of them.
Article XVI.
The Lords the States-General of the United Provinces
being already under the fame engagements towards the
moſt ſerene Houſe of Auftria, and having the fame intereft
with his Britannick Majefty in all the objects of the prefent
treaty, the allies will jointly invite them to enter into this
alliance, as a principal contracting party.
Article XVII.
The other princes and ftates, who have at heart the
peace, the liberty, and the fecurity of Europe, of the
Empire, and of Italy, and who will be willing to enter
into the prefent alliance, fhall be admitted into it.
Article XVIII.
This treaty of alliance fhall be ratified by all the allies,
and the ratifications of it fhall be exchanged within the
space of fix weeks, or fooner if poffible.
In
(370)
In witnefs whereof, we the plenipotentiaries above.
named have figned the prefent treaty with our own hands,
and have fet our feals with our coats of arms thereunto.
Done at Worms, this day of September, one thoufand
feven hundred and forty-three.
2
13
(L. S.) Carteret. (L. S.) Offorio. (L. S.) De Wafner.
We having feen and confidered the treaty above-written,
have approved and ratified it in all and fingular its articles
and claufes, as we do by theſe prefents approve and ratify
the fame for ourſelves, our heirs and fucceffors, under-
taking and promifing, upon our royal word, that we will
religiouſly and inviolably perform and obferve all the fingu-
lar the things which are contained in it; and that we will
never ſuffer, as much as in us lies, that they be violated
by any body, or that any thing be done, in any manner
whatfoever, to the contrary thereof. For the greater faith
and corroboration of all which, we have commanded our
great feal of Great-Britain to be ſet to theſe preſents, figned
by the hands of our guardians and juftices of our king-
dom of Great-Britain, and our lieutenants in the fame.
Given at Weſtminſter the 20th day of September, in the
year of our Lord, 1743, and of our reign the feventeenth.
Hardwicke, C.
Harrington, P.
Dorfet.
Grafton.
Bolton.
Montagu.
Holles Newcastle.
Tweeddale.
Winchelsea.
Ilay.
H. Pelham.
The Definitive Treaty of Peace and Friendship, between his
Britannick Majefty, the moft Chriftian King, and the
States General of the United Provinces. Concluded at
Aix la Chapelle the 18th Day of October N. S. 1748.
In the Name of the moſt holy and undivided Trinity, the
Father, Son, and Holy Ghoft.
B
E it known to all thofe, whom it fhall or may con-
cern, in any manner whatfoever. Europe fees the
day, which Divine Providence had pointed out for the
re-
[ 37 ]
re-eft blishment of its repofe. A general peace fucceeds to
the long and bloody war, which had aroſe between the moſt
ferene and moſt potent Prince George II. by the Grace of
God, King of Great-Britain, France, and Ireland, Duke of
Brunſwick and Lunenbourg, Arch-Treafurer and Elector
of the Holy Roman Empire, &c. and the moſt ſerene
and moſt potent Princefs Mary Therefia, by the Grace
of God, Queen of Hungary and Bohemia, &c. Em-
prefs of the Romans, on the one part, and the moft fe-
rene and moſt potent Prince Lewis XV. by the Grace of
God, the moſt Chriſtian King, on the other; as alfo be-
tween the King of Great-Britain, the Emprefs Queen
of Hungary and Bohemia, and the moſt ferene and moft
potent Prince Charles Emanuel III. by the Grace of God,
King of Sardinia, on the one part, and the moſt ſerene
and most potent Prince Philip V. by the Grace of God,
King of Spain and the Indies, (of glorious memory) and
after his deceaſe, the moft ferene and moft potent Prince
Ferdinand VI. by the Grace of God, King of Spain and
the Indies, on the other; in which war the high and
mighty Lords the States General of the United Provinces
of the Low Countries had taken part, as auxiliaries to
the King of Great-Britain; and the Emprefs Queen of
Hungary and Bohemia: and the moft ferene Duke of
Modena, and the moſt ferene republic of Genoa, as
auxiliaries to the King of Spain. God, in his mercy,
made known to all thefe powers, at the fame time, the
way which he had decreed for their reconciliation, and for
the reſtoration of tranquility to the people, whom he had
fubjected to their government. They fent their minifters
to Aix la Chapelle, where thofe of the King of Great-
Britain, his moft Chriftian Majefty, and of the States Ge-
neral of the United Provinces, having agreed upon preli-
minary conditions for a general pacification; and thoſe of
the Emprefs Queen of Hungary and Bohemia, of his Ca-
tholic Majefty, of the King of Sardinia, of the Duke
of Modena, and of the republic of Genoa, having ac-
ceded thereunto, a general ceffation of hoftilities, by fea
and land, hapily enfued. In order to compleat, at Aix
la Chapelle, the great work of a peace, equally ftable and
convenient
( 372 )
convenient for all parties, the high contracting powers have
nominated, appointed, and provided with their full
powers, the moſt illuftrious and moft excellent Lords their
ambaffadors extraordinary, and minifters plenipotentiary;
viz. His facred Majefty the King of Great-Britain, John
Earl of Sandwich, Vifcount Hinchinbrook, Baron Monta-
gue of St. Neots, Peer of England, firft Lord Commiſſioner
of the Admiralty, one of the Lords regents of the king-
dom, his minifter plenipotentiary to the States G. neral of
the United Provinces, and Sir Thomas Robinſon, Knight
of the moft honourable order of the Bath, and his mini-
fter plenipotentiary to his Majefty the Emperor of the Ro-
mans, and her Majefty the Emprefs Queen of Hungary
and Bohemia.
a
His facred moft Chriflian Majefty, Alphonfo Maria
Lewis Count de St. Severin of Arragon, Knight of his
orders, and John Gabriel de la Porte du Theil, Knight
of the order of our Lady of mount Carmel, and of St.
Lazarus of Jerufalem, Counfellor of the King in his coun-
cils, fecretary of the chamber, and of the cabinet of his
Majefty, of the orders of the Dauphin, and of Mefdames
of France.
Her facred Majefty the Emprefs Queen of Hungary
and Bohemia, Wenceslaus Anthony Count of Kaunitz
Rittberg, Lord of Effens, Sedeſdorff, Wittmund, Auf-
terlitz, Hungrifchbrod, Wite, &c. actual intimate coun-
fellor of flate to their Imperial Majefties.
His facred Catholic Majefly, the Lord Don James
Maffone de Lima and Sotto Major, gentleman of the bed-
chamber to his Catholic Majefty, and Major General of
his forces.
His facred Majefty the King of Sardinia, Don Jofeph
Offorio, Knight, Grand Croix and Grand Confervator of
the military order of the Saints Maurice and Lazarus,
and envoy extraordinary of his Majefty the King of Sar-
dinia to his Majefty the King of Great-Britain; and
Jofeph Borre, Count Chavanne, his counfellor of ftate;
and his minifter to the Lords the ftates General of the
United Provinces.
The High and Mighty Lords the States General of the
United Provinces, William Count Bentinck, Lord of Rhoon
and
(373)
and Pendrecht, one of the nobles of the Province of Hol-
land and Weſt Frieſland, curator of the univerfity of Ley-
den, &c. &c. &c. Frederic Henry Baron of Waffenaer,
Lord of Catwyck and Zand, one of the nobles of the
Province of Holland and Weft Friefland, Hoog-Heemrade
of Rhynland, &c. Gerard Arnout Haffelaer, burgo-
mafter and counſellor of the city of Amfterdam, director
of the Eaſt-India company; John Baron of Borfele, firſt
noble and repreſentative of the nobility in the ftates, in
the council and admiralty of Zealand, director of the Eaſt-
India company; Onno Zwier Van Haren, Grietman of
Weft-Sterlingwerf, deputy-counſellor of the Province of
Friefland, and Commiffary General of all the Swifs and
Grifon troops in the fervice of the aforefaid States General,
and reſpectful deputies in the affembly of the ſtates Ge-
neral, and in the council of ftate, on the part of the Pro-
vinces of Holland and Weft Friefland, Zealand, and
Friefland.
The moft ferene Duke of Modena, the Sieur Count de
Monzone, his Counſellor of State, and colonel in his fer-
vice, and his minifter plenipotentiary to his moft Chriftian
Majefty.
The moft ferene republic of Genoa, the Sieur Francis.
Marquis Doria.
Who, after having communicated their full powers to
each other, in due form, copies whereof are annexed at
the end of this prefent treaty; and having conferred on
the feveral objects, which their fovereigns have judged
proper to be inferted, in this inftrument of general pacifi-
cation, have agreed to the feveral articles, which are as
follows.
Article I.
There ſhall be a Chriſtian, univerfal and perpetual peace,
as well by fea as land, and a fincere and lafting friendship
between the eight powers above-mentioned, and between
their heirs and fucceffors, kingdoms, ftates, provinces,
countries, fubjects and vaffals, of what rank and condition
foever they may be, without exception of places or per-
fons. So that the high contracting powers may have the
VOL. II.
greatelt
B b
( 374 )
greateſt attention to maintain between them and their faid
ftates and fubjects, this reciprocal friendship and corre-
fpondence, not permitting any fort of hoftilities to be com-
mitted, on one fide or the other, on any cauſe, or under
any pretence whatſoever; and avoiding every thing that
may, for the future, diſturb the union happily re-eftabliſh-
ed between them; and, on the contrary, endeavouring to
procure, on alloccafions, whatever may contribute to their
mutual glory, interefts and advantage, without giving any
affiftance or protection, directly or indirectly, to thofe
who would injure or prejudice any of the contracting
parties.
II. There fhall be a general oblivion of whatever may have
been done or committed during the war, now ended. And
all perfons, upon the day of the exchange of the ratifica-
tions of all the parties, fhall be maintained or re-eſtabliſhed
in the poffeffion of all the effects, dignities, ecclefiaftical
benefices, honours, revenues, which they enjoyed, or ought
to have enjoyed, at the commencement of the war, not-
withstanding all difpoffeffions, feizures, or confifcations,
occafioned by the faid war.
III. The treaties of Weftphalia of 1648; thofe of Madrid
between the crowns of England and Spain, of 1667, and
1670; the treaties of peace of Nimegen of 1678, and
1679; of Ryfwick of 1697; of Utrecht of 1713; of
Baden of 1714; the treaty of the Triple Alliance of the
Hague of 1717; that of the Quadruple alliance of Lon-
don of 1718; and the treaty of peace of Vienna of 1738,
ferve as a baſis and foundation to the general peace, and to
the prefent treaty; and, for this purpofe, they are re-
newed and confirmed in the beft form, and as if they were
herein inferted, word for word; fo that they ſhall be
punctually obferved for the future in all their tenor, and
religiously executed on the one fide and the other; fuch
points however, as have been derogated from in the pre-
fent treaty, excepted.
IV. All the prifoners made on the one fide and the other,
as well by fea as by land, and the hoftages required or given
during the war, and to this day, fhall be restored, with-
out ranſom, in fix weeks at latest, to be reckoned from the
exchange of the ratification of the prefent treaty; and it
ſhall
( 375 )
fhall be immediately proceeded upon after that exchange:
and all the ſhips of war, as well as merchant veffels, that
fhall have been taken fince the expiration of the terms
agreed upon for the ceffation of hoftilities at fea, fhall be,
in like manner, faithfully reftored, with all their equipages
and cargoes; and fureties fhall be given on all fides for
payment of the debts, which the priſoners or hoſtages may
have contracted in the ftates, where they had been de-
tained, until their full difcharge.
V. All the conquefts, that have been made fince the com-
mencement of the war, or which, fince the conclufion of
the preliminary articles, figned the 30th of April laft, may
have been or ſhall be made, either in Europe, or the Eaſt
or Weſt Indies, or in any other part of the world what-
foever, being to be restored without exception, in confor-
mity to what was ftipulated by the ſaid preliminary articles,
and by the declarations fince figned; the high contracting
parties engage to give orders immediately for proceeding
to that reftitution, as well as to the putting the moft fe-
rene Infant Don Philip in poffeffion of the ftates, which
are to be yielded to him by virtue of the faid preliminaries,
the faid parties folemnly renouncing, as well for them-
felves as for their heirs and fucceffors, all rights and claims,
by what title or pretence foever, to all the ftates, countries
and places, that they refpectively engage to reftore or yield;
faving, however, the reverfion ftipulated of the ftates
yielded to the moſt ferene Infant Don Philip.
VI. It is fettled and agreed, that all the reſpective reſtitu-
tions and ceffions in Europe fhall be entirely made and ex-
ecuted on all fides in the fpace of fix weeks, or fooner
if poffible, to be reckoned from the day of the exchange
of the ratifications of the prefent treaty of all the eight par-
ties above mentioned; fo that, within the faine term of fix
weeks, the moft Chriftian King fhall reftore, as well to
the Empress Queen of Hungary and Bohemia, as to the
States General of the United Provinces, all the conquests
which he has made upon them during this war.
The Empress Queen of Hungary and Bohemia fhall be
put, in confequence hereof, in full and peaceable pof-
feffion of all that the poffeffed before the prefent war in the
Bb 2
Low
( 376 )
376)
Low Countries, and elfewhere, except what is otherwife
regulated by the prefent treaty.
In the fame time the Lords the States General of the
United Provinces fhall be put in full and peaceable pof-
feffion, and ſuch as they had before the preſent war, of
the places of Bergen-op-Zoom and Maeftricht, and of all
they poffeffed before the faid prefent war in Dutch Flan-
ders, Dutch Brabant, and elſewhere:
And the towns and places in the Low Countries, the ſo-
vereignty of which belongs to the Emprefs Queen of
Hungary and Bohemia, in which their High Mightineffes
have the right of garrifon, fhall be evacuated to the troops
of the republic, within the fame ſpace of time.
The King of Sardinia fhall be in like manner, and
within the fame time, entirely re-established and maintained
in the Duchy of Savoy, and in the county of Nice, as
fhell as in all the ftates, countries, places and forts con-
quered, and taken from him on occafion of the preſent
war.
The moſt ferene Duke of Modena, and the moft ferene
republic of Genoa, fhall be alfo, within the ſame time,
entirely re-eſtabliſhed and maintained in the ftates, coun-
tries, places, and forts conquered and taken from them du-
ring the preſent war, conformably to the tenor of the
13th and 14th articles of this treaty, which relate to
them.
Pro-
All the reſtitutions and ceffions of the ſaid towns, forts
and places, fhall be made, with all the arillery and war-
like ſtores, that were found there on the day of their
furrender, during the courfe of the war, by the powers
who are to make the faid ceffions and reftitutions, and this
according to the inventories which have been made of them,
or which fhall be delivered bona fide, on each fide.
vided that, as to the pieces of artillery, that have been re-
moved elſewhere to be new caft, or for other uſes, they
fhall be replaced by the fame number of the fame bore, or
weight in metal. Provided alfo, that the places of Char-
leroy, Mons, Athe, Qudenarde, and Menin, the out-
works of which have been demolished, fhall be reftcred
without artillery. Nothing fhall be demanded for the
charges and expences employed in the fortifications of all
the
( 377 )
the other places; nor for other public or private works.
which have been done in the countries that are to be re-
ftored.
VII. In confideration of the reftitutions that his moft
Chriſtian Majefty, and his Catholic Majefty make, by the
preſent treaty, either to her Majeſty the Queen of Hungary
and Bohemia, or to his Majefty the King of Sardinia, the
duchies of Parma, Placentia, and Guastalla fhall, for the
future, belong to the most ferene Infante Don Philip, to
be poffeffed by him and his male defcendants, born in
lawful marriage, in the fame manner, and in the fame
extent, as they have been, or ought to be, poffeffed by
the prefent poffeffors; and the faid moft ferene Infante, or
his male deſcendants, fhall enjoy the faid three duchies,
conformably and under the conditions expreffed in the
acts of ceffion of the Emprefs Queen of Hungary and
Bohemia, and of the King of Sardinia.
Thefe acts of ceffion of the Emprefs Queen of Hun-
gary and Bohemia, and of the King of Sardinia, ſhall be
delivered, together with their ratifications of the prefent
treaty, to the ambaffador extraordinary and plenipotentiary
of the Catholic King, in like manner as the ambaffadors
extraordinary and plenipotentiaries of the moſt Chriſtian
King and Catholic King, fhall deliver, with the ratifica-
tions of their Majefties, to the ambaffador extraordinary and
plenipotentiary of the King of Sardinia, the orders to the
generals of the French and Spanish troops to restore Savoy
and the county of Nice to the perfons appointed by that
Prince to receive them; fo that the reftitution of the faid
ſtates, and the taking poffeffion of the duchies of Parma,
Placentia, and Guaftalla, by or in the name of the moſt
ferene Infante Don Philip, may be effected within the fame
time, conformably to the acts of ceffion, the tenor whereof
follows.
WE Mary Therefia, &c. make known by theſe
pre-
fents: Whereas, in order to put an end to the fatal
war, certain preliminary articles were agreed upon the 30th
of April of this year, between the minifters plenipotentiaries
of the most ferene and moft potent Prince George II. King
of Great-Britain, and the moft ferene and most potent
Prince
R b 3
(378)
Prince Lewis XV. the moſt Chriſtian King, and their high
Mightineffes the States General of the United Provinces,
which have been fince ratified by all the powers concerned.
The tenor of the 4th article whereof is conceived in the
following manner.
The duchies of Parma, Placentia, and Guaftalla fhall
be yielded to the moft ferene Infante Don Philip to ferve
him, as an eſtabliſhment, with the right of reverfion to
the prefent poffeffors, after that his Majefty the King of
the two Sicilies fhall have fucceeded to the crown of Spain;
as alfo in cafe the faid moft ferene Infante Don Philip ſhould
happen to die without children.
And whereas a definitive treaty of peace having fince
been concluded, the feveral points relating to this affair,
have been, by virtue of the articles thereof, explained by
the common confent of the parties concerned, in the fol-
lowing manner.
In confideration of the reftitutions, that his moft Chriftian
Majefty and his Catholic Majefty make, by the preſent
treaty, either to her Majesty the Queen of Hungary and
Bohemia, or to his Majefty the King of Sardinia, the
duchies of Parma, Placentia, and Guaftalla fhall, for the
future, belonging to the moft ferene Infante Don Philip, to
be poffeffed by him, and his male defcendants born in
lawful marriage, in the fame manner, and in the fame ex-
tent, as they have been or ought to be poffeffed by the
prefent poffeffers; and the faid moft ferene Infante, or his
male defcendents, fhall enjoy the faid three duchies, con-
formably and under the conditions expreffed in the acts of
ceffion of the Emprefs Queen of Hungary and Bohemia,
and of the King of Sardinia.
Thefe acts of ceffion of the Emprefs Queen of Hungary-
and Bohemia, and of the King of Sardinia, fhall be deli-
vered, together with their ratifications of the preſent treaty,
to the ambaffador extraordinary and plenipotentiary of the
Catholic King, in like manner as the ambaffadors ex-
traordinary, and plenipotentiaries of the moft Chriftian.
King and Catholic King fhall deliver, with the ratifica-
tions of their Majefties, to the ambaffadors extraordinary
and plenipotentiaries of the King of Sardinia, the orders to
the General of the French and Spanish troops to reſtore
Savoy
( 379 )
Savoy and the county of Nice, to the perfons appointed
by that Prince to receive them; fo that the reftitution of
the ſaid ſtates, and the taking poffeffion of the duchies
of Parma, Placentia, and Guaftalla, by or in the name
of the moſt ſerene Infante Don Philip, may be effected in
the fame time, conformably to the faid acts of ceffion.
Wherefore, in order to fulfil thofe things, to which we
have bound ourſelves by the articles before inferted, and in
the firm hope, that the moſt Chriſtian and Catholic Kings,
and the future poffeffor of the aforefaid three duchies, and
his male defcendants will, on their part, bona fide, and
punctually, fulfill the tenor of the articles abovementioned,
and will likewiſe reſtore to us, within the fame time, the
ſtates and places which are to be reſtored to us, in confe-
quence of the fecond and eighteenth articles of the fame
preliminaries, we do yield and renounce, for us and our
fucceffors, under the conditions expreffed in the above
mentioned articles, all rights, claims, and pretenfions to
us under any title or caufe whatſoever belonging, upon
the aforefaid three duchies of Parma, Placentia, and Guaf-
talla, formerly poffeffed by us; and to transfer the fame
rights, claims and pretenfions, in the best and moſt
folemn manner poffible, to the most ferene Don Philip
Infante of Spain, and his defcendents, to be born in law-
ful marriage, abfolving all the inhabitants of the faid
duchies from the allegiance and oath, which they have ta-
ken to us, who ſhall be obliged, for the future, to pay
the fame allegiance to thoſe to whom we have yielded our
rights; all which however is to be underſtood only for that
fpace of time, that either the faid moſt ferene Infante Don
Philip, or one of his defcendents, fhall not have afcended
either throne of the Two Sicilies, or of Spain; for at that
time, and in cafe the aforefaid Infante fhould die with-
out male defcendents, we exprefsly referve to ourſelves,
our heirs and fucceffos, all rights, claims and pretenfions,
which have heretofore belonged to us, and confequently
the right of reverfion to the faid duchies. In witnes
whereof, &c.
B b 4
•
CHARLES
(380)
C
HARLES EMANUEL, &c. The defire we have
to contribute, on our part, to the moft fpeedy re-
eſtabliſhment of the public tranquillity, which lately in-
duced us to accede to the preliminary articles, figned the
30th of April laft between the minifter of his Britannick
Majefty, his moft Chriftian Majefty, and the Lords the
States General of the United Provinces, which we did, on
the 31st of May laft, by our plenipotentiary, accordingly
accede to, inducing us now to accompliſh as much as is to
be performed, on our part, in purfuance of them; and
particularly for the execution of what is contained in the
fourth article of the faid preliminaries, by virtue whereof
the duchies of Parma, Placentia, and Guaftalla, are to be
yielded to the moft ferene Prince Don Philip, Infante of
Spain, to hold, as an eſtabliſhment, with the right of re-
verfion to the prefent poffeffors, as foon as his Majefty the
King of the two Sicilies fhall have fucceeded to the crown
of Spain, or that the faid Infante fhould happen to die
without iffue male; we, in conformity thereto, do, by the
prefent act, renounce, yield, and transfer, for ourfelves
and our fucceffors, to the aforesaid moft ferene Infante Don
Philip, and to his male iffue, and their defcendents born
in lawful marriage, the town of Placentia, and the Plai-
fantine, (whereof we were poffeffed) to be held and pof-
felfed by him as Duke of Placentia, renouncing to this
end all rights, claims, and pretenfions, which we have
upon them; referving, however, exprefly to us, and our
fucceffors, the right of reveſion, in the cafes above-men-
tioned.
In witnefs whereof, &c.
VIII. In order to fecure and effectuate the faid refti-
tutions and ceffions, it is agreed, that they fhall be en-
tirely executed and accompliſhed on all fides, in Europe,
within the term of fix weeks, or fooner, if poffible, to be
reckoned from the day of the exchange of the ratifications
of all the eight powers; it being provided, that in fifteen
days after the figning of the prefent treaty, the Generals,
or other perfons, whom the high contracting parties fhall
think proper to appoint for that purpofe, fhall meet at
Bruffels
( 381 )
Bruffels and at Nice, to concert and agree on the method
of proceeding to the reftitutions, and of putting the parties
in poffeffion, in a manner equally convenient for the good
of the troops, the inhabitants, and the refpective countries;
but fo that all and each of the high contracting powers
may be agreeable to their intentions, and to the engage-
ments contracted by the preſent treaty, in full and peace-
able poffeffion, without any exception, of all that is to be
acquired to them, either by reftitution, or ceffion, within
the faid term of fix weeks, or fooner if poffible, after the
exchange of the ratifications of the preſent treaty by all
the faid eight powers.
IX. In confideration that, notwithſtanding the recipro-
cal engagement taken by the 18th article of the prelimi-
naries, importing, that all the reftitutions and ceffions
fhould be carried on equally, and ſhould be executed at
the fame time, his moft Chriftian Majefty engages, by the
6th article of the preſent treaty, to reftore, within the ſpace
of fix weeks, or fooner if poffible, to be reckoned from
the day of exchange of the ratifications of the prefent
treaty, all the conquefts which he has made in the Low
Countries; whereas it is not poffible, confidering the dif
tance of the countries, that what relates to America
fhould be effected within the fame time, or even to fix
the time of its entire execution; his Britannick Majeſty
likewife engages on his part to fend to his moft Chriftian
Majeſty immediately after the exchange of the ratifications
of the prefent treaty, two perfons of rank and confidera-
tion, who fhall remain there as hoftages, till there ſhall
be received a certain and authentic account of the re-
ftitution of Ifle Royal, called Cape Breton, and of all
the conquefts which the arms or fubjects of his Britannick
Majefty may have made before, or after the figning of
the preliminaries, in the Eaft and Weft Indies.
-
Their Britannick and moft Chriftian Majefties oblige
themselves likewife to caufe to be delivered, upon the ex-
change of the ratifications of the prefent treaty, the dupli-
cates of the orders addreffed to the commiffaries appointed
to reſtore, and recieve, refpectively whatever may have
been conquered, on either fide, in the faid Eaft and Weft
Indies,
( 382 )
Indies, agreeably to the 2d article of the preliminaries,
and to the declarations of the 21st and 31st of May, and
the 8th of July laft, in regard to what concerns the faid
conquefts in the Eaſt and Weft Indies. Provided never-
theless, that Ifle Royal, called Cape Breton, fhall be
reftored with all the artillery and warlike ftores, which
fhall have been found therein on the day of its furrender,
conformably to the inventories, which have been made
thereof, and in the condition that the faid place was in,
on the faid day of its furrender. As to the other reftitu-
tions, they fhall take place conformably to the meaning of
the fecond article of the preliminaries, and of the decla-
rations and convention of the 21ft and 31ft of May, and
the 8th of July laft, in the condition in which things were
on the 11th of June, N. S. in the Weſt Indies, and on the
31st of October, alfo N. S. in the Eaft Indies. And every
thing befides fhall be´re-eſtabliſhed on the foot that they
were or ought to be before the prefent war.
The faid refpective commiffaries, as well thofe for the
Weft, as thofe for the Eaft Indies, fhall be ready to fet
out on the first advice that their Britannick and moft Chrif
tian Majefties fhall receive of the exchange of the ratifica
tions, furniſhed with all the neceffary inftructions, com-
miffions, powers, and orders, for the moft expeditious ac-
compliſhment of their faid Majefties intentions, and of
the engagments taken by the prefent treaty.
X. The ordinary revenues of the countries that are to
be reſpectively reftord or yielded, and the impofitions
laid upon thoſe countries for the entertainment and winter
quarters of the troops, fhall belong to the powers that are
in poffeffion of them, till the day of the exchange of the
ratifications of the prefent treaty, without, however, its
being permitted to proceed to any kind of execution, pro-
vided fufficient fecurity has been given for the payment;
it being always to be understood, that the forage and uten-
fils for the troops fhall be furnished till the evacautions;
in confequence of which, all the powers promile and en-
gage not to demand or exact impofitions and contributions
which they may have laid upon the countries, towns, and
places that they have poffeffed during the courſe of the
war, and which had not been paid at the time that the
events of the faid war had obliged them to abandon the
faid
(383)
faid countries, towns, and places; all pretenfions of this
nature being made void by the preſent treaty.
XI. All the papers, letters, documents, and archives,
which were in the countries, eftates, towns and places
which are reſtored, and thoſe belonging to the countries
yielded, fhall be refpectively, and bona fide, delivered or
given up at the fame time, if poffible, as poffeffion fhall
be taken, or at fartherft two months after the exchange of
the ratifications of the prefent treaty of all the eight parties,
in whatever places the faid papers or documents may be,
namely, thoſe which may have been removed from the
archive of the great council of Mechlin.
XII. His Majefty the King of Sardinia fhall remain in
poffeffion of all that he antiently and newly enjoyed, and
particularly of the acquifition which he made in the year
1743, of the Vigevanafque, a part of the Pavefan, and
the county of Anghiera, in the manner as this prince now
poffeffes them, by virtue of the ceffions that have been
made of them to him.
XIII. The moſt ferene Duke of Modena, by virtue as
well of the prefent treaty, as of his rights, prerogatives,
and dignities, fhall take poffeffion fix weeks, or fooner
if poffible, after the exchange of the ratifications of the
faid treaty, of all his ftates, places, forts, countries, effects,
and revenues, and, in general of all that he enjoyed before
the war.
At the fame time fhall be likewiſe reſtored to him, his
archives, documents, writings, and moveables of what
nature foever they may be, as alſo the artillery, and war-
like ftores, which fhall have been found in his countries,
at the time of their being feized. As to what ſhall be
wanting, or fhall have been converted into another form,
the juſt value of the things fo taken away, and which
are to be restored, fhall be paid in ready money; which
money, as well as the equivalent for the fiefs, which the
moft ferene Duke of Modena poffeffed in Hungary, if
they are not reſtored to him, ſhall be fettled and adjuſted
by the reſpective generals or commiffaries, who, accord-
ing to the 8th article of the prefent treaty, are to af
femble at Nice in fifteen days after the fignature, in order
to agree upon the means for executing the reciprocal
reftitu.
( 384 )
reftitutions and putting in poffeffion, fo that at the fame
time, and on the fame day as the moft ferene Duke of
Modena fhall take poffeffion of all his ftates, he may
likewiſe enter into the enjoyment either of his fiefs in
Hungary, or of the faid equivalent, and receive the value
of fuch things as cannot be reftored to him. Juſtice
fhall alſo be done him, within the fame time of fix weeks
after the exchange of the ratifications, with reſpect to
the allodial effects of the Houſe Guaftalla.
XIV. The moſt ferene Republic of Genoa, as well
by virtue of the preſent treaty, as of its rights, preroga
tives, and dignities, fhall re-enter into the poffeffion, fix
weeks, or fooner if poffible, after the exchange of the
ratifications of the faid treaty, of all the ftates, forts,
places, countries, effects, of what nature foever they be,
rents and revenues, that it enjoyed before the war; par-
ticularly, all and every one of the members and ſubjects
of the faid republic fhall, within the aforefaid term, after
the exchange of the ratifications of the preſent treaty,
re-enter into the poffeffion, enjoyment, and liberty of
difpofing of all the funds, which they had in the bank
of Vienna in Auftria, in Bohemia, or in any other part
whatſoever of the ſtates of the Emprefs Queen of Hun-
gary
and Bohemia, and of thoſe of the King of Sardinia;
and the intereft fhall be exactly and regularly paid them,
to be reckoned from the faid day of the exchange of the
ratifications of the prefent treaty,
XV. It has been fettled and agreed upon between the
eight high contracting parties, that for the advantage and
maintenance of the peace in general, and for the tranquil.
lity of Italy in particular, all things fhall remain there
in the condition they were in before the war; faving,
and after, the execution of the difpofions made by the
prefent treaty.
XVI The treaty of the Affiento for the trade of ne-
groes, figned at Madrid on the 26th of March, 1713, and
the article of the annual fhip making part of the faid
treaty, are particularly confirmed by the prefent treaty,
for the four years during which the enjoyment thereof
has been interrupted, fince the commencement of the pre-
fent war, and fhall be executed on the fame footing,
and
( 385 )
and under the fame conditions, as they have or ought to
have been executed before the faid war.
XVII. Dunkirk fhall remain fortified on the fide of
the land, in the fame condition as it is at prefent; and
as to the fide of the fea, it fhall remain on the footing of
former treaties.
XVIII. The demands of money that his Britannick
Majeſty has, as Elector of Hanover, upon the crown of
Spain; the differences relating to the Abby of St. Hubert;
the enclaves of Hainault, and the bureaux newly eſtabliſh-
ed in the Low Countries; the pretenfions of the Elector
Palatine; and the other articles, which could not be
regulated, fo as to enter into the prefent treaty, fhall
be amicably adjuſted immediately by the commiffaries
appointed for that purpoſe, on both fides, or otherwiſe,
as fhall be agreed on by the powers concerned.
XIX. The 5th article of the treaty of the Quadruple
Alliance, concluded at London the 2d of Augult, 1718;
containing the guaranty of the fucceffion to the kingdom
of Great Britain in the houfe of his Britannick Majefty
now reigning, and by which every thing has been provid-
ed for, that can relate to the perfon who has taken the
title of King of Great Britain, and to his deſcendents of
both fexes, is exprefsly confirmed and renewed by the
preſent article, as if it were here inferted in its full extent.
XX. His Britannick Majefty, as Elector of Brunſwick
Lunenbourg, as well for himfelf, as for his heirs and fuc-
ceffors, and all the ſtates and poffeffions of his faid Ma-
jefty in Germany, are included and guarantied by the
preſent treaty of
peace.
XXI. All the powers interefted in the prefent treaty,
who have guarantied the Pragmatick Sanction of the 19th
of April 1713, for the whole inheritance of the late Em-
peror Charles VI. in favour of his daughter the Emprefs
Queen of Hungary and Bohemia, now reigning, and of
her defcendents for ever, according to the order eſtabliſh-
ed by the faid Pragmatick Sanction, renew it in the beſt
manner poffible; except, however, the ceffions already
made, either by the faid Emperor, or the faid Princeſs,
and thofe ftipulated by the prefent treaty.
XXII. The
(386)
1
XXII. The dutchy of Silefia, and the county of Glatz,
as his Pruffian Majefty now poffeffes them, are guarantied
to that Prince by all the powers, parties and contractors,
of the preſent treaty.
XXIII. All the powers contracting and interested in the
prefent treaty, reciprocally and refpectively guarantee the
execution thereof.
XXIV. The folemn ratifications of the prefent treaty,
expedited in good and due form, fhall be exchanged in
this city of Aix la Chapelle, between all the eight parties,
within the fpace of one month, or fooner if poffible, to
be reckoned from the day of its fignature.
In witness whereof, we the underwritten their Ambaffa-
dors Extraordinary and Minifters Plenipotentiaries, have
figned with our hands, in their name, and by virtue of
our full powers, the prefent treaty of peace, and have
cauſed the ſeals of our arms to be put thereto.
Done at Aix la Chapelle, the 18th of October, 1748.
(L. S.) Sandwich.
(L S.) T. Robinſon
(Signed)
(L. S.) St. Severin d'Aragon.
(L. S.) La Porte du Theil.
(L. S.) W. Bentinck.
(L. S) G. A. Haffalaer.
(L. S.) J. V. Borffele.
(L. S.) O. Z. Van Haren.
I.
S
Separate Articles.
OME of the titles made ufe of by the contracting
powers, either in the full powers, and other acts
during the courſe of the negociation, or in the preamble of
the prefent treaty, not being generally acknowledged, it
has been agreed, that no prejudice fhall at any time reſult
therefrom to any of the faid contracting parties; and that
the titles taken or omitted on either fide, on account of
the faid negotiation and of the prefent treaty, fhall not be
cited, or any confequence drawn therefrom.
II. It has been agreed and determined, that the French
language made uſe of in all the copies of the prefent treaty,
and
( 387 )
and which may be uſed in the acts of acceffion, fhall not
be made a precedent that may be alledged, or drawn into
confequence, or in any manner prejudice any of the con-
tracting powers; and that they conform themfelves for the
future to what has been and ought to be obferved with re-
gard to, and on the part of powers, who are uſed and have
a right to give and receive copies of like treaties and acts
in another language than the French.
The prefent treaty, and the acceffions, which ſhall in-
tervene, having ftill the fame force and effect, as if the
aforefaid practice had been therein obferved: and the pre-
fent feparate articles fhall have likewife the fame force, as
if they were inferted in the treaty.
In witneſs whereof, we the under-written ambaffadors
extraordinary and minifters plenipotentiaries of his Bri-
tannick Majefty, of his moft Chriſtian Majeſty, and of the
Lords the States General of the United Provinces, have
figned the prefent feparate articles, and cauſed the ſeals of
our arms to be put thereto.
Done at Aix la Chapelle, the 18th of October, 1748.
(L. S.) Sandwich.
(L. S.) T. Robinſon.
(Signed)
(L. S.) St. Severin d'Aragon.
(L. S.) La Porte du Theil.
(L. S.) W. Bentinck.
(L. S.) G. A. Haffalaer.
(L. S.) 7. V. Borfelle.
(L. S.) O. Z. Van Haren.
His Britannick Majefty's Full Power.
GEORGE R.
G
"
EORGE the Second, by the Grace of God, of
Great-Britain, France and Ireland, King, De-
fender of the Faith, Duke of Brunfwick and Lunenburg,
Arch Treaſurer, of the Holy Roman Empire, and Prince
Elector, &c. To all to whom thefe refents fhall come,
Į
greeting. Whereas, in order to perfect the work of a ge-
neral
( 388 )
neral peace, fo happily begun, and to bring it, as foon as
poffible, to the defired conclufion, we have thought pro-
per to inveſt two fit perfons with the title and character of
our ambaffadors extraordinary, and plenipotentiaries at the
preſent congreſs; know ye therefore, that we, having en-
tire confidence in the zeal, judgment, ſkill and abilities in
managing great affairs, of our right trufty and well-be-
loved coufin, John Earl of Sandwich, as alfo our trusty
and well-beloved Thomas Robinſon, Knight of the moſt
honourable order of the Bath, and our minifter plenipo-
tentiary to our good fifter the Empress of Germany, Queen
of Hungary and Bohemia, have named, made, conftituted
and appointed, as we by theſe prefents name, make,
coſtitute and appoint, them our true and undoubted am-
baffadors extraordinary, minifters, commiffioners, depu-
ties, procurators and plenipotentiaries, giving unto them,
or each of them, jointly or feparately, all and all manner
of power and authority, as well as our general and ſpecial
command, (yet fo, that the general do not derogate from
the fpecial, or otherwile) to repair to Aix la Chapelle, or
to any other place where the treaty and negotiations for the
above-mentioned peace and tranquillity may be to be car-
ried on; and there, for us, and in our name, together
with the ambaffadors, commiffioners, deputies, and pleni-
potentiaries of the princes and ftates, whom it may con-
cern, properly vefted with the fame power and authority,
to meet, in congrefs and conference, either fingly and fe
parately, or jointly and in a body; and with them to agree
upon, treat, confult and conclude what may be neceffary
for making a firm and ftable peace, and re-establishing a
fincere friendſhip and good harmony; and to fign, for us,
and in our-name, every thing fo agreed upon, and con-
cluded; and to make a treaty or treaties upon what
fhall have been fo agreed and concluded, and to do and
tranfact all other matters, which may appertain to the fi-
niſhing the abovefaid work, in as ample manner and form,
and with equal force and efficacy, as we ourfelves could
do, if perfonally prefent, engaging, and on our royal
word promifing, that whatever things fhall be tranfacted
and concluded by our fid ambaffadors extraording, and
plenipotentiaries, or by either of them, fhall be agreed to,
acknowledged
(389)
acknowledged and accepted by us, in the fulleft manner;
and that we will never fuffer, either in the whole, or in
part, any perfon whatſoever to infringe or act contrary to
the fame. In witneſs whereof we have figned theſe preſents
with our royal hand, and have cauſed to be affixed thereto
our great feal of Great Britain. Given at our palace at
Herenhaufen the
day of in the year of our
thirtieth
tenth
July
Augult
Lord 1748, and in the twenty-fecond year of our reign.
The moſt Chriſtian King's full power.
EWIS, by the Grace of God, King of France and
L
Navarre. To all thoſe, to whom thefe prefents ſhall
come, greeting. Whereas we are defirous of omitting
nothing in our power, in order to accelerate the conclufion
of the great and falutary work of peace, and the re-efta-
bliſhment of the public tranquillity, trufting entirely to
the capacity and experience, zeal and fidelity for our fer-
vice of our dear and well-beloved the Count de St.' Se-
verin d'Aragon, Knight of our orders, and the Sieur de
la Porte du Theil, counſellor in our councils, fecretary of
our chamber and cabinet, and of the commands of our
moſt dear and moſt beloved ſon the Dauphin. For theſe
cauſes, and other good confideratipns us thereto moving,
we have commiffioned and ordained them, and by theſe
prefents figned with our hand, do commiffion and ordain,
and have given them, and do give to the one and to the
other jointly, as well as to either of them feparately, in
cafe of abfence or indifpofition of the other, full power,
commiffion, and fpecial order, in our name, and in the
quality of our ambaffadors extraordiny and plenipoten-
tiaries, to agree with the ambaffadors and minifters actually
affembled at Aix la Chapelle for the conclufion of a peace,
provided with full powers in good form on the part of their
mafters, to fettle, conclude, and fign fuch treaties, ar-
ticles, and conventions, as the one and the other together,
or either of them, in the aforeſaid caſe of abfence or in-
difpofition of the other, fhall think good, and chiefly the
definitive treaty, which ſhall re-eſtabliſh a folid peace and
perfect union between us and the princes and ftates for-
VOL. II.
Сс
merly
( 390)
meily at war, or auxiliaries of the powers at war; pro
mifing on the faith and the word of a king, to accept, keep
firm and ftaple for ever, accompliſh and execute punctually,
all that the faid Count de St. Severin d'Aragon, and the
faid Steur de la Porte du Theil or either of them, in the
faid cafes of abfence or indifpofition of the other, fhall
have fiipulated, promifed and figned by virtue of this pre-
fent power, without ever contravening the fame, or ſuffir-
ing it to be contravened, for what ciufe, or under what
pretext foever; as alfo to caufe our letters of ratification
thereof to be dispatched in good form, and exchanged in
the time that fhall be agreed upon for fuch is our plea-
fure. In witnefs whereof, we have caufed our feal to be
put to theſe prefents. Given at Fontainebleau the feventh
day of October, in the year of Grace 1748, and of our
reign the thirty-fourth.
(And lower) By the King,
(Signed) LEWIS,
(Signed) Brulart.
And fealed with the great feal in yellow wax.
The States General's Full Power.
•
THE
THE States General of the United Provinces of the
Netherlands. To all thofe, who fh:11 fee thefe
prefents, greeting. Whereas we defire nothing more ar-
dently, than to fee the war, with which Chriftendom is at
prefent afflicted, terminated by a good peace, and the city
of Aix la Chapelle has been agreed upon for the place of
the conferences; we, by the fame defire of putting a ſtop,
as far as fhall be in us, to the defo'ation of fo many pro-
vinces, and to the effufion of to much Chriſtian blood,
having been willing to contribute thereto all that depends
upon us; and, to this end, to depute to the faid affembly
fome perfons out of our own body, who have given feveral
proofs of the knowledge and experi nce which they have
of public affairs, as well as of the affection which they
have for the good of our ftatc.
And whereas the Sieurs William Count Bentinck, Lord
of Rhood and Pendrecht, of the bdy of nobles of the
province
(391)
province of Holland and Weft-Frizeland, curator of the
Univerfity of Leyden, &c. Frederic Henry Baron Waf-
fenaer, Lord of Catwyck and Zand, of the body of nobles
of the province of Holland and Weft-Frizeland, Hoog,
Heemrade of Rhyrland, &c. Gerard Arnold Haſſelaer,
Schepen and Senator of the city of Amsterdam, and direc-
tor of the Eaft-India Company; and Onno Zwier van
Haren, Grietman of Weft Steilingwerf, deputed coun-
fellor of the province of Frizeland, and Commillary-Ge-
neral of all the Swifs and Grifen troops in cur fervice;
refpective deputies in our affembly, and in the council of
ftate, on the part of the provinces of Holland and Weft-
Frizelan, and Frizeland, have diftinguished themfelves in
feveral employments of importance for our fervice, in which
they have given marks of their fidelity, application and
addrefs in the management of affairs; for thefe caufes, and
other good confiderations us thereunto moving, we have
commiffioned, ordained and deputed the faid Sieurs Ben-
tinck, Waffenaer, Haffelaer, and Van Haren, do com-
miffion, ordain and depute them, by thefe prefents, and
have given and do give unto them full power, commiffion,
and fpecial order, to go to Aix la Chapelle, in quality of
our ambaffadors extraordinary and plenipotentiaries for
the peace, and there to confer with the ambaffadors.
extraordinary and plenipotentiaries of his Moft Chriftian
Majeft, and his allies, provided with fufficient powers,
and there to treat of the means of terminating and
pacifying the differences which at prefent occafion the
war; and our faid ambaffadors extraordinary and ple-
nipotentiaries, all together, or any of them, or any one
among them, in cafe of abfence of the others, by fick-
nefs or other impediment, fhall have power to agree about
the fame, and thercupon to conclude and fign a good and
fure peace, and, in general, to tranfact, negociate, promife,
and grant whatever they fhall. think neceffary to the faid
effect of the peace, and generally to do every thing that
we could do, if we were there prefent, even though a
more fpecial power, and order, not contained in thefe
prefents, fhould be neceffary for that purpofe; promifing
fincerely and bona fide, to ccept and keep firm and ftable
whatever by the faid ambaffadors cxtraordinary and pleni-
potentiaries,
Cea
1
( 392 )
potentiaries, or by any, or any one of them, in cafe of
fickneſs, abfence, or other impediment of the others, fhall
have been ftipulated, promifed and granted, and thereof
to cauſe our letters of ratification to be difpatched, in the
time that they fhall have promifed in our name to furniſh
them. Given at the Hague in our affembly, under our
great feal, the paraphe of the prefident of our affembly,
and the fignature of our First Greffier, the eighth day of
March, 1748.
(Signed)
H. van Iffelmuden, Vt.
(Lower)
By order of the faid Lords the States-General, (Signed)
TH
The States General's Full Power.
H. Fagel.
HE States General of the United Provinces of the
Netherlands. To all thofe, who fhall fee thefe
prefents, greeting. Whereas we defire nothing more ar-
dently, than to fee the war, with which Chriftendom is
at prefent afflicted, terminated by a good peace; and the
city of Aix la Chapelle has been agreed upon for the place
of the conferences; we, by the fame defire of putting a
ftop, as far as fhall be in us, to the defolation of ſo many
provinces, and to the effuſion of ſo much Chriſtian blood,
have been willing to contribute thereto all that depends
upon us; and, to this end, have already deputed ſome
perfons heretofore to the faid affembly out of our own
body, who have given feveral proofs of the knowledge and
experience, which they have of public affairs, as well as
of the affection, which they have for the good of our ftate;
to wit, the Seurs William Bentinck, Lord of Rhoon
and Pendrecht, of the body of nobles of the province of
Holland and Weft-Frizeland, curator of the univerfity of
Leyden, &c. Frederic Henry Baron Waffenaer, Lord of
Catwyck and Zann, of the body of nobles of the province of
Holland and Weft-Frizeland, Hoog-Heemrade of Rhyn-
land, &c. Gerard Arnold Haffelaer, Schepen and Se-
nator of the city of Amfterdam, and director of the Eaft-
India company; and Onno Zwier Van Haren, Grietman
of
( 393 )
of Weft-Stellingwerff, deputed counsellor of the province
of Frizeland, and commiffary-general of all the Swifs and
Grifon troops in our fervice; reſpective deputies in our
affembly, and in the council of ftate, on the part of the
provinces of Holland and Weft-Frizeland, and Frizeland.
And whereas we have at prefent thought proper to join a
fifth perfon to the four above-mentioned, for this fame
purpoſe; and the Sieur John Baron Van Borffele, firſt
noble, and reprefenting the nobility, in the ftates, in the
council, and in the admiralty of Zeeland, director of the
Eaft-India company, and deputy in our affembly on the
part of the faid province of Zeeland, has diftinguiſhed
himfelf in feveral employments of importance for our fer-
vice, in which he has given marks of his fidelity, applica-
tion and addrefs in the management of affairs: for theſe
cauſes, and other good confiderations, us thereunto moving,
we have commiffioned, ordained, and deputed the faid
Sieur Van Borffele, do commiffion, ordain, and depute
him, by theſe preſents, and have given, and do give unto
him full power, commiffion, and ſpecial order, to go to
Aix la Chapelle, in quality of our ambaffador extraordi-
nary and plenipotentiary for the peace, and there to confer
with the ambaffadors extraordinary and plenipotentiaries
of his Moft Chriftian Majefty and his allies, provided
with fufficient full powers, and there to treat of the means
of terminating and pacifying the differences, which at pre-
fent occafion the war, and our faid ambaffador extraordi-
nary and plenipotentiary, together with the faid Sieurs
Bentinck, Waffenaer, Haffelaer, and Van Haren, our
other four ambaffadors extraordinary and plenipotentiaries,
or with any, or any one of them, or even alone, in cafe
of abſence of the others, by fickneſs or other impediment,
fhall have power to agree about the fame, and thereupon
to conclude and fign a good and fure peace, and in gene-
ral to tranfact, negociate, promife, and grant, whatever het
fhall think neceffary for the faid effect of the peace, and ge-
nerally do every thing that we could do, if we were there
preſent, even tho' a more ſpecial power and order, not con-
tained in theſe prefents, fhould be neceffary for that
pur-
pofe; promifing fincerely, and bona fide, to accept and
keep firm and ſtable, whatever by the faid Sieur Van
Borfiele,
Cc3
(394)
Borffele, together with our other four ambaff dors extra-
ordinary and plenipotentiaries, or any, or any one of them,
or by him alone, in cafe of ficknefs, ablince, or other im-
pediment of the others, fhall have been fipulated, pro-
mifed, and granted, and thereof to caufe our letters of ra-
tification to be dispatched, in the time that they fhall have
promifed in our name to furnish them. Given at the
Hague, in our affembly, under our great feal, the paraphe
of the prefident or our affembly, and the fignature of our
First Greffier, the 25th day of April, 1748.
(Signed) H. V. Hamerfier, Vt.
(Lower) By order of the faid Lords the States General,
(Signed) II. Fazel.
}
The Acceffion of the Empress Queen of Hungary.
In the Name of the most Holy and Undivided Trinity,
Father, Son, and Holy Ghoft.
B
E it known to all, whom it fhall or may concern.
The Ambaffadors extraordinary and plenipotenti-
aries of his Britannick Majefty, of his moft Chriflian Ma-
jefly, and of the High and Mighty Lords the States Ge-
neral of the United Provinces, having concluded and fign-
ed, in this city of Aix la Chapelle, on the 18th day of
this prefent month of October, upon the basis of the pre-
liminaries which were agreed upon and concluded between
them the goth day of April of the prefent year, a general
and definitive treaty of peace, and two feparate articles,
the tenor of which treaty and feparate articles follows.
Fict Infertio.
And the faid ambaffadors extraordinary and plenipo-
tentiaries having, in a friendly manner, invited the am-
baffador extraordinary and plenipotentiary of her Majefty
the Empress Queen of Hungary and Bohemia, to accede
thereto, in the name of her faid Majefty.
The
(395)
The ambaffadors under-written, that is to fay, on the
part of the most ferene and most potent Prince, George
the Second, by the grace of God, King of Great Britain,
John Earl of Sandwich, Viſcount Hinchinbrooke, Baron
Montagu of St. Neots, Peer of England, firft Lord com-
miffioner of the Admiralty, one of the Lords of the Re-
gency of the kingdom, his minifter plenipotentiary to the
Lords the States General of the United Provinces; and Sir
Thomas Robinfon, knight of the moft honourable order
of the Bath, and his minitter plenipotentiary to his Majefty
the Emperor of the Romans, and to her Majefty the Em-
prefs Queen of Hungary and Bohemia; and on the part of
the moft ferene and moft potent Princeſs Maria Therefìa,
by the grace of God, Queen of Hungary and Bohemia,
Empreis, the Lord Wenceflas Anthony Count de Kaunitz
Rittber, Lord of Effens, Sterefdorff, Wittmund, Auſter-
litz, Hungrifchbrod, Wiefe, &c. actual privy counſellor
to their Imperial Majefties, by virtue of their full powers,
which they have communicated to each other, and copies
whereof are annexed to the end of this prefent act, have
agreed on what follows.
That her Majefty the Empress Queen of Hungary and
Bohemia, being defircus of contributing to re-establish and
confirm, as foon as poffible, the repofe of Europe, accedes,
by virtue of the prefent act, to the faid treaty and two fe-
parate articles, without any referve or exception, in the
firm confidence that every thing, which is therein promiſed
to her faid Majefty, fhall be bona fide fulfilled; declaring,
at the fame time, and promifing, that fhe will, in like
manner, moft faithfully perform all the articles, clautes
and conditions, which relate to her.
His Britannick Majeft, likewife accepts the prefent ac-
ceffion of the Emprefs Queen of Hungary and Bohemia,
and promifes, in like manner, to perform, without any
referve or exception, all the articles, claules, and condi-
tions, contained in the faid treaty and the two feparate ar-
ticles before inferted.
The ratifications of the prefent act fhall be exchanged,
in this city of Aix la Chapelle, within the fpace of three
weeks, to be computed from this day.
Cc4
In
(396)
In witneſs whereof, we the ambaffadors extraordinary
and plenipotentiaries of his Britannick Majefty, and her
Majesty the Emprefs Queen of Hungary and Bohemia,
have figned the prefent act, and have thereunto affixed the
feal of our arms.
Done at Aix la Chapelle, the 23d day of October,
1748.
(L. S.) Sandwich.
(L S.) T. Robinſon.
(L. S.) Le Comte V. A.
de Kaunitz Rittberg.
The Empress Queen of Hungary's Full Power.
W
E Maria Therefia, by the grace of God, Empreſs
of the Romans, and of Germany, of Hungary,
Bohemia, Dalmatia, Croatia, Sclavonia, &c. Queen,
Arch-Dutchefs of Auftria, Dutchefs of Burgundy, Bra-
bant, Milan, Styria, Carinthia, Carniolia, Mantua, Par-
ma and Placentia, Limburgh, Luxemburgh, Gueldre,
Wurtemberg, of the Upper and Lower Silefia, Princefs of
Suabia, and Tranfilvania, Marchionefs of the holy Roman
Empire, Burgovia, Moravia, and the Upper and Lower
Lufatia; Counteſs of Habfpurg, Flanders, Tirol, Ferrete,
Kybourg, Goritia, Gradiſca, and Artois, Counteſs of Na-
mur, Lady of the Marches of Sclaonia, the Port of
Naon, Saline, and Mechlin, &c. Duchefs of Lorraine
and Barr, Great Duchefs of Tuſcany, &c. Do make
known, and certify, by virtue of thefe prefer ts. Whereas
we are informed, that the congrefs which had been opened
at Breda is diffolved; and that conferences are to be held
at Aix la Chapelle, between the minifters of the feveral
princes engaged in the prefent war, authoriſed to agree
upon the means of terminating the differences that have
arifen between them, and reftoring peace and as we have
nothing more at heart, than to do every thing, that de-
pends upon us, towards obtaining, as foon as poffible, fo
defirable an end, in the moft fecure and effectual manner;
we loſe no time in doing our part towards the promoting
fo falutary a work, by fending thither our minifters Ple-
nipotentiaries, whom we have, moreover inveſted with
the character of our ambaffadors. Confiding therefore
entirely in the often tried fidelity, experience in buſineſs,
and
(397)
and great prudence of our actual privy counſellor, Wen-
ceflaus Anthony de Kauntiz & Rittberg, Count of the
Holy Roman Empire, as alfo of Thaddaeus, Free Baron
of Reifchach, our Lord of the bed-chamber, counſellor
of the government of Anterior Auftria, and our miniſter to
the High and Mighty the States General of the United Pro-
vinces; both of whom, and each of them, we have in-
vefted with the character of our ambaffadors, as well as
with full powers, as we do accordingly, by thefe prefents,-
inveft them both, and each of them, in cafe of the ab-
fence or hindrance of the other, in the moft ample manner
poffible; to the end, that both, or either of them, in caſe of
the abfence or hindrance of the other, may join their endea-
vours with our allies, and their minifters, hold friendly con-
ferences with thofe of other princes engaged in the preſent
war againſt us or our allies, and with any one or more of
them, furniſhed with the like full powers, and agree upon
any matters and things relating thereto, and whatever fhall
have been fo agreed upon, whether jointly, or feparately,
to ſign and ſeal; and, in a word, to do all thoſe things,
in our name, which we ourſelves could do, if perfonally
prefent promifing, on our Imperial, Royal, and Archi-
ducal word, that we will agree to, accept of, and faith-
fully fulfill, all and fingular fuch acts, as our aforefaid
minifters plenipotentiaries, inveſted over and above with
the characters of our ambaſſadors, fhall have fo done,
concluded, and figned. In witnefs whereof, and for its
greater force, we have figned the prefent full powers with
our own hand, and ordered our Imperial, Royal, and Ar-
chiducal feal to be affixed thereto. Given in our city of
Vienna, the 19th day of December, in the year 1747, the
8th year of our reign.
(Signed)
MARIA THERESIA.
C. Count Ulfeld.
By command of her Sacred, Imperial Royal Majefty,
John Chriftopher Bartenftein.
His
( 398 )
His Catholic Majefty's Acceffion.
In the name of the moft Holy and Undivided Trinity,
Father, Son, and Holy Ghoft.
B
E it known to all thofe, to whom it fhall belong or
can belong. The ambaffadors and plenipotentiaries
of his Britannick Majefty, of his molt Chriftian Majelly,
and of the High and Mighty Lords the States General of
the United Provinces, having concluded and figned at Aix
la Chapelle, the 13th of October of this year, a definitive
treaty of peace, and two feparate articles; the tenor of
which treaty and feparate articles is as follows:
Fict Infertio.
And the faid ambaffidor and plenipotentiaries having
amicably invited the ambaffidor extraordinary and pleni-
potentiary of his Catholic Majelly to accede thereto in the
name of his faid Majefty. The under-written ambaffa-
dors; to wit, on the part of the moft ferene and moft po-
tent Prince, George the Second, by the grace of God,
King of Great-Britain, France, and Ireland, Duke of
Brunswick and Lunenburg, Arch-Treafurer and Elector
of the Holy Roman Empire, &c. the Lords, John Earl
of Sandwich, Vifcount of Hinchinbrooke, Baron Montagu
of St. Neots, Peer of England, firft Lord commiffioner
of the Admiralty, one of the Lords regents of the king-
dom, his minifter plenipotentiary to the Lords the States
General of the United Provinces; and Thomas Robinſon,
knight of the most honourable order of the Bath, and his
minifter plenipotentiary to his Majefty the Emperor of
the Romans, and her Majefty the Emprefs Queen of Hun-
gary and Bohemia. And on the part of the moit ferenę
and most potent Prince, Ferdinand the Sixth, by the
grace of God, King of Spain and of the Indies, the Lord
Don James Maffone de Limay Soto Mayor, Lord of the
Bed-chamber of his faid Catholic Majelly, and Major
General of his armies. By virtue of their full powers,
which they have communicated, and copies whereof are
added
1
1
( 399 )
added at the end of the prefent act, have agreed upon what
follows.
That his Catholic Majefty, defiring to contribute and
concur to re-eſtabliſh and fettle, as foon as poffible, the
peace of Europe, accedes, by virtue of the prefent act, to
the faid treaty, and two feparate articles, without any re-
ferve or exception, in a firm confidence, that whatfoever is
promifed therein to his faid M jefty, fhall be faithfully
fulfilled; declaring at the fame time, and promifing, that
he will allo perform moft faithfully all the articles, claufes
and conditions, which concern him.
In like manner his Britannick Majefty accepts the pre-
fent acceffion of his Catholic Majefty; and likewife pro-
miles to perform, without any referve or exception, all
the articles, claufes, and conditions, contained in the faid
treaty, and two feparate articles, inferted above.
The ratifications of the prefent act fhall be exchanged
in this city of Aix la Chapelle in the ſpace of a month, to
be computed from this day.
In teftimony whereof, we the ambaladors extraordiny
and plenipotentiaries of his Britannick Majefty, and of his
Catholick Majefty, have figned the prefent act, and have
caufed the feal of our arms to be fet thereto.
Done at Aix la Chapelle the 20th of October, 1728.
(L. S.) Sandwich. (L. S.) Don James Mafone de Lima
y Solo Mayor.
(L. S.) T. Robinson.
F
His Catholic Majefty's Full Power.
ERDINAND, by the Grace of God, King of Caftile,
of Leon, of Arragon, of the two Sicilies, of Jeru-
falem, of Navarre, of Grenada, of Toledo, of Valencia,
of Gallicia, of Mayorca, of Seville, of Sardinia, of Cor-
dova, of Corfica, of Murcia, of Jaen, of the Algarbes,
of Algezira, of Gibraltar, the Canary islands, of the
East and Weft Indies, Iflands and Terra Firma of the
Ocean Sea, Arch-Duke of Auftria, Duke of Burgundy,
of Brabant and Milan, Count of Habfpurg, of Flanders,
Tirol and Barcelona, Lord of Bifcay and of Molina, &c.
Whereas it had been my moft and earneft defire, ever fincé
Divine Providence has trufted me with the government
of
'
( 400 )
of the vast dominions annexed to my crown, to put an
honourable end to the troubles in which I found my arms
involved, and to concur in giving peace to Europe, by all
the just means that fhould appear moft conducive to that
end: and whereas I knowing that ſeveral minifters, par-
ticularly thoſe of the powers now at war, are meeting at
Aix la Chapelle with the fame view to a general pacifica-
tion; and it being therefore neceffary that I fhould ap-
point one to affift on my part, endowed with that fidelity,
zeal, and understanding, requifite for fuch a purpoſe, and
finding in you, Don James Mafone de Lima, Lord of my
Bed-chamber, and Major-General of my armies, thefe
fpecial and diftinguished qualifications; I do chufe and
nominate you, to the end that, invefted with the character
of my ambaſſador extraordinary and plenipotentiary, you
do repair, in my name, to Aix la Chapelle, and repre-
fenting, at that place, my own perfon, you do treat and
confer with the ninifter or minifiers of the powers now
at war, who do already, or fhall hereafter, refide there, or
in any other place where it fhall be thought convenient
to treat; and to the end that you may, in the fame man-
ner, conclude and fign with the faid minifters, the treaty.
or treaties which fhall tend to the fole view of producing a
folid and honourable peace; and whatever you may thus
treat of, conclude, and fign, I do from this time acknow-
ledge as accepted and ratified, and promife, upon my
royal word, to cbferve and fulfill, and to caufe the fame
to be obſerved and fulfilled in the fame manner, as if I
myſelf had treated and conferred upon, concluded and
figned the fame. To which end, I do hereby give you all
my authority and full power, in the muft ample manner
as by law required. In witnefs whereof, I have caufed thefe
prefents to be diſpatched, figned with my hand, fealed
with my fecret feal, and counterfigned by my underwritten
counſellor, and fecretary of ftate, and of the general dif-
patch of war, the revenues, Indies and Marine, Given
at Aranjués the 12th of May, 1748.
I THE KING.
Cenon de Somo de Villa.
His
(401)
His Sardinian Majefty's Acceffion.
CA
In the name of the moſt Moly and Undivided Trinity,
Father, Son, and Holy Ghoſt,
BE it known to all thofe, to whom it fhall or may be-
long.
The ambaffadors extraordinary and plenipotentiaries of
his Britannick Majefty, of his moft Chriftian Majefty, and
of the High and Mighty Lords the States General of the
United Provinces, having concluded and figned in this
city of Aix la Chapelle, the 18th of the month of October
laft, upon the foundation of the preliminaries at first agreed
to and fettled among them the thirtieth of April of this
year, a general and definitive treaty of peace, and two fe-
parate articles, the tenor of which treaty and feparate arti-
cles are as follows:
Fiat Infertio.
And the faid ambaffadors extraordinary and plenipo-
tentiaries having amicably invited the ambaffadors extra-
ordinary and plenipotentiaries of his Majeſty the King of
Sardinia to accede thereto in the name of his faid Majeſty.
The under-written ambaffadors, to wit, on the part of
the moſt ſerene and moft powerful Prince George the Se-
cond, by the Grace of God, King of Great-Britain, France,
and Ireland, the Lords, John Earl of Sandwich, Viſcount of
Hinchinbrooke, Baron Montagu of Saint Neots, Peer of
England, firſt Lord Commiffioner of the Admiralty, one
of the Lords Regents of the kingdom, his minifter pleni-
potentiary to the Lords the States G.neral of the United
Provinces; and Thomas Robinfon, knight of the moſt
honourable order of the Bath, and his minifter plenipo-
tentiary to his Majefty the Emperor of the Romans, and
her Majefty the Emprefs Queen of Hungary and Bohemia;
and on the part of the molt ferene and moft potent Prince,
Charles Emanuel the Third, by the grace of God, King
of Sardina, the Lords Don Jofeph Offorio, Chevalier
Grand Croix, and Grand Confervator of the military order
of
(402)
of the Saints Maurice and Lazarus, and envoy extraordi-
nary of his Majesty the King of Sardinia to his Majeſty
the King of Great-Britain; and Jofeph Borre Count de la
Chavanne, his counsellor of ftate, and his minifter to the
Lords the States General of the United Provinces, by vir-
tue of their full powers, which they have communicated to
each other, and copies whereof are added at the end of the
prefent act, have agreed upon what follows.
That his Majesty the King of Sardinia, defiring to con-
tribute and concur to re-eftablifh and fettle, as foon as pof
fible, the peace of Europe, accedes, by virtue of the pre-
fent act, to the faid treaty and two ſeparate articles, in a
firm confidence, that whatſoever is promiſed therein to his
faid Majefty, fhall be faithfully fulfilled; declaring at the
fame time, and promifing, that he will alfo perform, moſt
faithfully, all the articles, clauſes, and conditions, which
regard him.
In like manner, his Britannick Majefty accepts the pre-
fent acceffion of his Majefty the King of Sardinia; and
likewife promifes to perform, without referve or exception,
all the articles, claufes, and conditions, contained in the
faid treaty and the two feparate articles, inferted above.
The ratifications of the prefent act fhall be exchanged
in this city of Aix la Chapelle, in the fpace of twenty-five
days, to be computed from this day.
In teftimoney whereof, we the ambaffadora extraordi-
nary and plenipotentiaries of his Britannick Majefty, and
of his Majefty the King of Sardinia, have figned the prefent
aft, and have caufed the feal of our arms to be fet thereto.
Done at Aix la Chapelle, the feventh of November, one
thoufand feven hundred forty-eight.
(L. S) T. Rolinfen.
(L. S.) Offorio.
(L. S.) De la Chavanne.
The King of Sardinia's Full power.
HARLES EMANUEL, by the Grace of God,
King of Sardinia, of Cyprus, and of Jerufalem;
Duke of Savoy, of Mountferrat, of Aofte, of Chablais, of
Genevois and of Plaifance; Prince of Piedmont and of
Cnielle;
( 403 )
Onielle; Marquis of Italy, of Saluces, of Sufa, of Ivree,
of Ceve, of Maro, of Oriftan, and of Sefane; Count of
Maurienne, of Geneva, of Nice, of Tende, of Romont,
of Aft, of Alexandria, of Gocean, of Novara, of Torto-
na, of Vigevano and of Bobbio; Baron of Vaud and of
Faucigny Lord of Verciel, of Pignerol, of Tarantaife,
of the Lumelline and of the Valley of Sefia; Prince and
perpetual Vicar, of the Holy Empire in Italy, &c. To
all, who fhall fee thefe prefents, greeting: whereas, after
having acceded to the preliminary articles of peace,
figned the 30th of April laft at Aix la Chapelle, we are
fincerely defirous of concurring in the perfect re eftabliſh-
ment of the general peace in Europe, to which all the
powers, that have figned and acceded, as we have done,
to the aforefaid preliminary articles, are difpofed to give
their affiftance, by reducing thofe faid preliminary articles,
and other acts depending theron, in one definitive
treaty of general peace. For thefe reafons, and other
confiderations us thereunto moving, we, trufting in the
capacity, experience, zeal and fidelity for our fervice,
of our dear, well-beloved and trufty, the Chevalier Offo-
rio, knight grand croix and grand confervator of our
military order of the faints Maurice and Lazarus, and our
envoy extraordinary to the King of Great-Britain; and
the Count Borre de la Chavanne, our counfellor of ſtate,
our minifters to the Lords the States General of the United
Provinces, and our minifter plenipotentiary to the confe-
rences of Aix la Chapelle, have named and deputed them,
as by theſe prefents we do name and depute them our am-
baffadors extraordinary and plenipotentiaries; and have
given them, and do give them, power, commillion, and
ſpecial order, in our name, and in the faid quality of our
ambaffadors extraordiny and plenipotentiaries, to make,
conclude and fign, both jointly, or one of them alone, in
cafe of abfence, ficknefs, or other hindrance of the other,
with the refpective ambaffadors extraordinary and pieni-
potentiaries of the above-mentioned powers, jointly or fe-
parately, provided with powers for that purpole, fuch de-
finitive treaty of peace, articles, conventions, or acts, as
they fhall think fit, for re-eftablifhing, in a folid manner,
the
#
(404)
the general peace in Europe, or to accede to thofe, which
fhall have been already concluded and figned for the fame
end; willing, that they fhould, upon thofe occafions, act
with the fame anthority, as we would do, if we were pre-
fent in perfon, and even if any thing fhould occur, which
might require a more ſpecial order, not contained in theſe
prients promifing, upon the faith and word of a King,
to obferve and caufe to be obſerved, inviolably, all that
ſhall be done, agreed, regulated and figned by the above-
mentioned Chevalier Offorio, and Count de la Chavanne,
our ambaſſadors extraordinary and plenipotentiaries, with-
out contravening, or fuffering any controvention thereto,
directly or indirectly, for that cauſe, or under what pre-
text foever it ſhall or may be; as alfo to cauſe to be dif-
patched, our letters of ratification thereof in due form, to
be exchanged within the term which fhall de agreed on.
In witneſs whereof, we have figned theſe preſents with our
hand, and caufed them to be counterfigned dy the Marquis
D. Leopold de Carret de Gorzegne, our firft fecretary of
ftate for foreign affairs, and caufed the fecret feal of our
arms to be affixed thereto. Given at Turin, the twenty-
fourth of the month of Auguſt, in the year of our Lord
one thouſand ſeven hundred and forty-eight, and of our
reign the nineteenth.
(L. S.) C. EMANUEL.
(Lower)
Carret de Gorzegne.
The Acceffion of the Duke of Modena.
In the name of the moft Holy and Undivided Trinity,
Father, Son, and Holy Ghoft.
E it known to all thofe, to whom it fhall or may
B
belong. The ambaffadora extraordinary and pleni-
potentiaries of his Britannick Majefty, of his moft Chriftian
Majefty, and of the High and Mighty Lords the States Ge-
neral
( 405 )
neral of the United Provinces, having concluded and fign-
ed, in this city of Aix la Chapelle, the 18th of the preſent
month of October, upon the foundation of the prelimi-
naries, at firſt agreed upon and concluded amongst them
the 30th day of April of this year, a general and defini-
tive treaty of peace, and two feparate articles; the tenor
of which treaty and feparate articles follows.
Fiat Infertio.
And the faid ambaffadors extraordinary and plenipo-
tentiaries having amicably invited the minifter plenipo-
tentiary of his moft ferene Highnefs, Francis the Third,
by the Grace of God, Duke of Modena, Reggio, Miran-
dola, &c. to accede thereto in the name of his moft ferene
Highness.
The under-written ambaffadors and minifter plenipo-
tentiary; to wit, on the part of the moft ferene and moſt
potent Prince, George the Second, by the Grace of God,
King of Great-Britain, France, and Ireland, the Lords,
John Earl of Sandwich, Viſcount of Hinchinbrooke, Ba-
ron Montagu of St. Neots, Peer of England, firft Lord
Commiffioner of the Admiralty, one of the Lords regents
of the kingdom, his minifter plenipotentiary to the Lords
the States General of the United Provinces; and Thomas
Robinfon, knight of the moſt honourable order of the Bath,
and his minifter plenipotentiary to his Majesty the Em-
peror of the Romans, and her Majefty the Emprefs Queen
of Hungary and Bohemia. And on the part of his most
ferene Highneſs the Duke of Modena, the Sieur Count
de Montzone, his counfellor of ftate and colonel in his
fervice, and his minifter plenipotentiary to his moft Chrif
tian Majeſty, by virtue of their full powers, which they
have communicated to each other, and of which copies are
added at the end of the prefent act, have agreed on what
follows.
That his moft ferene Highneſs the Duke of Modena,
defiring to contribute and concur to re-eſtabliſh and fettle,
as foon as poffible, the peace of Europe, accedes, by vir-
tue of the preſent act, to the ſaid treaty, and two feparate
articles, without any referve or exception, in a firm confi-
VOL. II.
D d
dence
( 406 )
dence, that what is promiſed to his faid moft ferene High-
neſs therein, ſhall be faithfully fulfilled; declaring and
promifing at the fame time, that he will alfo perform
moſt faithfully all the articles, claufes and conditions,
which concern him.
In like manner his Britannick Majefty accepts the pre-
fent acceffion of his moft ferene Highness the Duke of
Modena, and promifes likewife to fulfill, without any re-
ferve or exception, all the articles, claufes, and conditions,
contained in the faid treaty, and the two feparate articles,
inferted above.
The ratifications of the prefent act fhall be exchanged,
in this city of Aix la Chapelle, in the ſpace of three weeks,
to be computed from this day.
In teftimony whereof, we the ambaſſadors extraordinary
and minifter plenipotentiary of his Britannick Majefty,
and of his moft ferene Highnefs the Duke of Modena,
have figned the prefent act, and have cauſed the ſeal
of our arms to be fet thereto.
Done at Aix la Chapelle the 25th of October, 1748.
(L. S.) T. Robinfan. (L. S.) Le Comte de Monzone.
The Duke of Modena's Full Power.
FRANCIS, Duke of Modena, Reggio Mirandola.
WHE
HEREAS, in the conferences to be held at Aix la
Chapelle, for a general pacification between the
powers concerned in the prefent war, affairs are to be
treated of which regard us; for which it is neceffary to
have a miniſter there, on whofe ability, fiedlity and pru-
dence we may ſafely rely, we have not thought that we
could employ and perfon with greater confidence, on this
occafion, than the Count de Monzone, our counſellor of
ftate, minifter plenipotentiary at the court of his moſt
Chriſtian Majefty, and colonel in our fervice; for which
reafon we do chufe and depute him for our minifter pleni-
potentiary at the faid congrefs, by giving and granting
to him, faculty, authority, and full power, with general
and ſpecial order, to treat there, in our name, of all mat-
ters which concern us, and to promife, agree to, con-
clude,
1
(407)
clude, ftipulate and fign, on our part, whatever he fhall judge
moſt convenient for our fervice; defiring, for this end,
the miniſters plenipotentiary of all the courts concerned,
which fhall be prefent at the faid congrefs, to accept
of, and acknowledge him, as our minifter plenipotenti-
ary; promifiing, on the faith and word of a Prince, to
hold as confirmed and ratified, and to approve and ob-
ferve all that ſhall be concluded, accepted of, and fti-
pulated by the fame minifter plenipotentiary.
In witnefs whereof, we have figned thefe prefents, which
ſhall be counter-figned by one of our minifters, and have
our feal affixed thereto. Given at Marſeilles this 30th of
November, 1748.
FRANCESCO
(Signed)
(And underneath counter-figned)
De Bondigili.
The Rupublic of Genoa's Acceffion.
In the Name of the moft Holy and Undivided Trinity,
Father, Son, and Holy Ghoft.
BE it known to all thoſe, to whom it fhall, or may
belong.
The ambaffadores extraordinary and plenipotentiaries
of his Britannick Majefty, of his moſt Chriſtian Majefty,
and of the High and Mighty Lords the States General
of the United Provinces, having concluded and figned,
in this city of Aix la Chapelle, on the 18th of the pre-
fent month of Octobor, upon the foundation of the pre-
liminaries, at firſt agreed upon and fettled amongſt them
the 30th day of April of this year, a general and de-
finitive treaty of peace, and two feparate articles, of which
treaty and ſeparate articles the tenor is as follows.
Fiat Infertio.
And the faid ambaffadors extraordinary and plenipoten-
tiaries, having amicably invited the minifters plenipoten-
tiary of the moft ferene Republic of Genoa, to accede
thereto, in the name of the faid moft ferene Republic.
The under-written ambaffadors and minifter plenipo-
tentiary; to wit, on the part of the moft ferene and moſt
Dd 2
potent
( 408 )
potent Prince, George the Second, by the grace of God,
King of Great Britain, France, and Ireland, the Lords,
John Earl of Sandwich, Viſcount of Hinchinbrooke,
Baron Montagu of St. Neots, peer of Englard, firft Lord
Commiffioner of the Admiralty, one of the Lords Re-
gents of the kingdom, his minifter plenipotentiary to the
Lords the States General of the United Provinces; and
Thomas Robinfon, Knight, of the most honourable order
of the Bath, and minifter plenipotentiary to his Majeſty
the Emperor of the Romans, and to her Majefty the Em-
prefs Queen of Hungary and Bohemia; and on the part of
the moſt ferene Republic of Genoa, the Sieur Francis
Marquis Doria, by virtue of their full powers, which
they have communicated to each other, and copies where-
of are added at the end of the prefent act, have agreed
upon what follows.
That the moſt ferene Republick of Genoa, defiring
to contribute and concur to re-establish and fettle the
quiet of Europe, accedes, by virtue of the preſent act, tọ
the faid treaty and two ſeparate articles, without any re-
ferve or exception, in a firm confidence that whatſoever
is promifed therein to the faid moft ferene Republic, fhall
be faithfully fulfilled; declaring, at the fame time, and
promifing, that he will alfo perform, moft faithfully,
all the articles, clauſes and conditions, which regard her,
In like manner his Britannick Majefty accepts the pre-
fent acceffion of the moſt ſerene Republic of Genoa; and
likewife promifes to perform, without any referve or excep-
tion, all the articles, claufes, and conditions, contained
in the faid treaty and the two ſeparate articles inferted
above.
The ratifications of the prefent act fhall be exchanged,
in this city of Aix la Chapelle, in the fpace of twenty-
five days, to be computed from this day.
In teftimony whereof, we the ambaffadors extraordi-
nary and minifter plenipotentiary of his Britannick Ma-
jefty, and of the moſt ferene Republic of Genoa, have
figned the prefent act, and have caufed the feal of our
arms to be affixed thereto.
Done at Aix la Chapelle, the 28th of October, 1748,
(L. S.) T. Robinſon (L. S.) Fr. M. Marquis D'Oria.
The
( 409 )
The Republic of Genoa's Full Power.
The Doge, Governors, and Procurators of the Repub-
lic of Genoa.
ONSCIOUS of the experience, fidelity and zeal
of our Patrician Francefco Maria D'Oria, we have
chofen and deputed him, as our minifter plenipotentiary
at the conferences of peace at Aquifgrano, otherwiſe Aix
la Chapelle, or any other place where the faid conferences
of peace may hereafter be held, or transferred to, and we
have given and conferred upon him, as we do give and
confer upon him, ample faculty and full power, with ge-
neral and ſpecial order, to treat there in our name, upon
the affairs which regard us, and to agree to, conclude,
ftipulate and fign, on our part, whatever he fhall appre-
hend to be moſt fuitable to our interefts, and that, in the
fame manner, as we ourſelves, were prefent, could do,
although a more full and fpecial order than the preſent
might be requifite, defiring, for this end, the minifters
plenipotentiaries of all the courts concerned, which fhall
be prefent at the faid conferences, to accept of, and ac-
knowledge him, as our minifter plenipotentiary; pro-
mifing, on the faith and word of a Prince, to hold as
confirmed and ratified, and to.obferve all that fhall be
concluded, accepted, ftipulated and figned by the fame,
in virtue of the preſent full power; as alfo to diſpatch our
ratifications in due form, to be exchanged within the time
which ſhall be agreed upon.
In witnefs whereof, thefe prefents fhall be figned by
our underwritten fecretary of ftate, with our ufual feal
affixed thereto.
Given at our royal palace, this firft of March, 1748.
C. Giuseppe Maria Sertorio,
(L. S)
Secretary of State.
A
(410)
A Treaty concluded and figned at Madrid, on the 5th of
October N. S. 1750, between the Minifters Pelenipoten-
tiaries of their Britannick and Catholic Majefties.
WHEE
HEREAS by the 16th article of the treaty of Aix
la Chapelle, it has been agreed between their Bri-
tannick and Catholic Majefties, that the treaty of the
Affiento for the commerce of negroes, and the article of
the annual fhip, for the four years of non-enjoyment,
fhould be confirmed to Great Britain, upon the fame
foot, and upon the conditions, as they ought to have
been executed before the late war; and the respective
ambaffadors of their faid Majefties having agreed, by a
declaration figned between them on the 24 June, 1748, to
regulate, at a proper time and place, by a negociation
between minifters named on each fide for that purpoſe,
the equivalent which Spain fhould give in confidera-
tion of the non-enjoyment of the years of the faid Affiento
of negroes, and of the annual fhip granted to Great Bri-
tain, by the 10th article of the preliminaries figned at
Aix la Chapelle, on the April, 1748.
Their Britannick and Catholic Majefties, in order to
fulfil the faid engagements of their respective minifters,
and to ſtrengthen and perfect more and more a folid and
lafting harmony between the two crowns, have agreed
to make the prefent particular treaty between themfelves,
without the intervention or participation of any third
power; fo that each of the contracting parties acquires
by virtue of the ceffions which that party makes, a right
of compenfation from the other reciprocally: and they
have named their minifters plenipotentiaries for that
poſe, viz. His Britannick Majefty, Benjamin Keene, Efq;
his minifter plenipotentiary to his Catholic Majefty; and his
Catholic Majefty, Don Jofeph de Carvajal and Lancaster,
miniſter of itate, and Dean of his Council of ſtate; who,
after having examined the points in queftion, have agreed
on the following articles.
pur-
I. His Britannick Majefty yields to his Catholic Ma-
jeſty his right to the enjoyment of the Affiento of negroes,
and
( 411 )
and the annual fhip, during the four years ftipulated by
the 16th article of the treaty of Aix la Chapelle.
II. His Britannick Majefty, in confideration of a com-
penfation of one hundred thouſand pounds fterling, which
his Catholic Majefty promifes and engages to caufe to
be paid, either at Madrid or London, to the royal Affiento
Company, within the term of three months at lateſt,
to be reckoned from the day of the figning of this treaty,
yields to his Catholic Majefty, all that may be due to the
faid Company for balance of accounts, or arifing in any
manner whatsoever from the faid Affiento; fo that the faid
compenſation ſhall be eſteemed and looked upon as a full
and entire fatisfaction on the part of his Catholic Majefty,
and ſhall extinguiſh from this preſent time, for the future
and for ever, all right, pretenfion, or demand, which
might be formed in confequence of the faid Affiento, or
annual ſhip, directly or indirectly, on the part of his Bri-
tannick Majefty, or on that of the faid Company.
III. The Catholic King yields to his Britannick Ma-
jefty all his pretenfions or demands in confequence of the
faid Affiento and annual fhip, as well with regard to the
articles already liquidated, as to thofe which may be eafy
or difficult to liquidate; fo that no mention can ever be
made of them hereafter, on either fide.
IV. His Catholic Majefty confents that the Britiſh ſub-
jects fhall not be bound to pay higher, or other duties, or
upon other evaluations for goods which they fhall carry
into, or out of the different ports of his Catholic Majefty,
than thofe paid on the fame goods in the time of Charles
the Second, King of Spain, fettled by the cedulas and or-
donances of that King, or thofe of his predeceffors.
And although the favour or allowance called Pie del
Fardo be not founded upon any royal ordonance,
nevertherless his Catholic Majefty declares, wills and or-
dains, that it fhall be obſerved now, and for the future,
as an inviolable law; and all the abovementioned duties
ſhall be exacted and levied, now and for the future, with
the fame advantages and favours to the faid fubjects.
V. His Catholic Majefty allows the faid fubjects to
take and gather falt in the iſland of Tortudos, without
any
(412)
any hindrance whatſoever, as they did in the time of the
faid King Charles the Second.
VI. His Catholic Majefty confents, that the ſaid ſub-
jects fhall not pay any where, higher or other duties than
thofe which his Catholic Majefty's fubjects pay in the
fame place.
VII. His Catholic Majefty grants, that the faid ſub-
jects fhall enjoy all the rights, privileges, franchifes, ex-
emptions and immunities whatſoever, which they enjoyed
before the laſt war, by virtue of cedulas or royal ordo-
nances, and by the articles of the treaty of peace and com-
merce made at Madrid in 1667; and the ſaid ſubjects ſhall
be treated in Spain, in the fame manner as the moſt fa-
voured nation, and confequently, no nation fhall pay lefs
duties upon wool, and other merchandiſes which they
ſhall bring into, or carry out of Spain by land, than the
faid fubjects fhall pay upon the ſame merchandiſes, which
they shall bring in or carry out by fea. And all the rights,
privileges, franchifes, exemptions and immunities, which
fhall be granted or permitted to any nation whatever, fhall
alſo be granted and permitted to the faid fubjects; and his
Britannick Majeſty conſents, that the fame be granted and
permitted to the fubjects of Spain in his Britannick Ma-
jefty's kingdoms.
VIII. His Cahtholic Majefty promiſes to uſe all poffible
endeavours on his part, to aboliſh all innovations which
may have been introduced into commerce, and to have
them forborn for the future; his Britannick Majefty like-
wife promifes to ufe all poffible endeavours to aboliſh all
innovations, and to forbear them for the futrue.
IX. Their Britannick and Catholic Majefties confirm
by the preſent treaty, the treaty of Aix la Chapelle, and
all the other treaties, therein confirmed, in all their arti-
cles and clauſes, excepting thoſe which have been derogated
from by the prefent treaty: as likewife the treaty of com-
merce concluded at Utrecht in 1713, thofe articles except-
ed, which are contray to the prefent treaty, which ſhall
be abolished and of no force, and namely, the three ar-
ticles of the faid treaty of Utrcht, commonly called ex-
planatory.
X. All
( 413 )
X. All the reciprocal differences, rights, demands, and
pretenfions, which may have fubfifted between the two
crowns of Great Britain and Spain, in whic no other na-
tion whatever has any part, intereft, or right of interven-
tion, being thus accommodated and extinguiſhed by this
particular treaty; the two faid moft ferene Kings engage
themſelves mutually to the punctual execution of this
treaty of reciprocal compenfation, which fhall be approv
ed and ratified by their faid Majefties, and the r.tiica-
tions exchanged, in the term of fix weeks, to be
reckoned from the day of it figning, or fooner if it can
be done.
In witneſs whereof, we the above-mentioned minifters
plenipotentiaries, that is to fay, Benjamin Keene, Ffq;
in the name of his Britannick Majefty, and Don Jofeph
de Caravajal and Lancaſter, in the name of his Catholic
Majeſty, by virtue of our full powers, which we have
mutually communicated to each other, have figned theſe
prefents, and have caufed the feals of our arms to be
put thereto. Done at Madrid the fifth of October, 1750,
New Stile.
(L. S.) B. Keene.
(L. S.) Jofeph de Carvajal
y Lancaster.
$
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