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ocean. Archduke of Auftria, Duke of Burgundy, Bra-
bant, and Milan, Count of Aplburg, Flanders, Tirol,
and Barcelona, I^rd of Bifcay and Molina, &c.
Whereas Europe has, through the unfearchable judg-
ments of God, fufFered a more bloody and obftinate
war than ever yet was feen, to the ruin of the people
and provinces, the rage of which no human means have
been able to extinguifh, till this prefent time, when, by



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io6 TREATIES [1604

the grace of the Divine goodnefs, manifeft figns have
been given, of a certain dii^fition to reftore peace and
quiet fo much defired by the whole Chriftian world,
but more elpecially by us, for the fake of what our do-
minions have refpeftively fufiered. And whereas ple-
nipotentiaries have been named by fome of the princi-
pal powers engaged in the war, with fufficient autho-
rity to treat of peace, which is to be entered into with
mutual friendfliip ; we therefore being willing on cur
part to concur in fo laudable and glorious a defire, have
dcierpiined to nominate, as we do, by virtue of thefe
pr'efents, nominate you Don Francifco Maria de Paula,
TcUez Giron, Venavides, Carrillo and Toledo, Ponce
of Leon, Duke of Offuna, our coufin. Count of Uze-
ua. Marquis of Pennafiel, one of the firft noWesof my
bed-chamber, and great chamberlain, notary major of
my kingdoms of Caftilld, Clavero mayor and commander
of the fame order, and of the ufagre of the Order of St.
James, captain of my royal life-guards ; Don John de
Browkoven, Count of Bergueych, our counfellor and
minifter of war, and fuperintendant general of our
finances in Flanders i and Don Ifidore Cazade de Ro-
fales. Marquis of Monteleon, our kinfpnan, and fcna-^
tor in our royal council of the Indies, our ambafiadors-
and plenipotentiaries: Becaufe we know that your per-
fons arc adorned with prudence, experience, zeal, and
love for our intereft, and the high qualities which arc
chiefly ncceflary to the direftion and difpofal of an af-
fair of fo great and important a confequence 5 we there-
fore charge and command you, that you immediately
repair to the congrels at Utrecht, which is the place
appointed for treating of peace ; that you may diere^
together with the plenipoteptiaries appointed by the
Kings and Potentates concerned, and provided with
fufficient authority and inftruftions, enter into, and be
impowered to enter into conferences or agreements of
a particular or general peace ; and we do grant foil
and intire power and authority to you the Duke of Of-
funa, the Count of Bergueych, and Marquis de Monte-*



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1786.] WITH SPAIN, 107

kon, to you all three together, or to two of you, in
crafe of the abfence or infirmity of the other, or to one
alone, in cafe of the abfence or infirmity of the other
two, to enter into, conclude, and fign in our name, a
treaty of peace between us and the other Kings and
Potentates in war, jointly with them all, or feparately
with any one of them, and to agree upon, conclude,
Ibbfcribe, and deliver all inftruments neceflary on this
occafion, and in general to do, promife, and ftipulate
fuch ads and declarations as Ihall be neceflary to the
exchange of what ihall be agreed upon, and all other
things whatfoever, which any way conduce or relate to
the conclufion or negotiation of peace, although they
arc not exprcflcd here, and with the fame power, au-
thority, and fulnefs, as we ourfelves could do, if we
were prefent j and even in thofe affairs and afts which
may require a more fpecial and exprefs command than
is contained in thefe full powers : and whatfoever you
three, or two of you, in cafe of the abfence or ficknefs
of one of you, or one alone, in the like cafe of the
abfence or ficknefs of the other two, as is abovefaid,
Ihall do, treat, promife, conclude, and corroborate
with your fubfcription, we engaging our faith and
Royal word, do promife to confirm and ratify, with-
out any diminution, with the oaths and other Iblem-
nities requifite and neceiTary in fuch a cafe, within the
time which fhall be figned reciprocally by the pleni-
potentiaries at the faid congrefs. In witnefs whereof
and for the greater force and validity of the fame, we
have ordered to be dilpatched, and have dilpatched
thefe prefents, figned with our hand, fealed with our
privy feal, and counterfigned by our underwritten fe-
Cretary of (late. Given at Madrid, the aSth day of
December 171 1.'

I the KING.
Dm Manuel of Vadillo and Velafco.


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X0& TREATIES [1604

[The following is printed from the copy publilhed
by authority in i7i4»]

treaty of Navigation and Commerce between tbt mofi
Serene and mqfi Potent Princefs Anne, by the Grace
§f God, Slueen of Great Britain, France, and Ire-
land, Defender of the Faith, &c. and the mpji Se-
rene and mojl Potent Prince Philip the Vth, the
Catholic King of Spain, concluded at Utrecht, the

V -D^?A December ^7^-

ANNE, by the grace of God, Queen of Great
Britain, France, and Ireland, Defender of the faiths,
&C. To all and Angular to whom thefe prefents fliall
come, greeting. Whereas the Right Reverend Father
in God, our right tru.fty and well-beloved counfeDor,
John Bifhop of Briftol, our ambaffador extraordinary
and plenipotentiary, dean of Windfor, and regifter of
cmr moit noble Order of the Garter, did on oiir partj^
together with the plenipotentiaries of his Catholic Ma-
jcfty, conclude and Cgn at Utrecht, on the ~ day of
'Kovem'vT j^i^^ a treaty of commerce between the fub-


jefts of Great Britain and Spain, as follows ;

A good and firm peace, and a true and fincerc
fiiendlhip, having, by the merciflil affiftance of God,
been happily eftablifhed between the moft Serene and
Potent Prince and Lady, Anne, by the grace of God,
Queen of Great Britain, France, and Ireland, &c.
and the moft* Serene and Potent Prince and Lord,
Philip the Fifth, by the grace of God, Catholic Kmg
of Spain, &c. and their heirs and fucceflbrs, king-
doms and fubjefts, by a treaty of pacification con-
cluded at Utrecht, the —^Sth ^^7 9^ the .mondi of
July laft paft, their Majefties before all things made it
their care, that the mutual advantage of their fubjefts
in matters of trade might be provided for after the beft
manner j and therefore they moft gracioufly gave in-*
ftrudtions to their ambafladors extraordinary and ple-


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1786.3 W I T H S P A I N. K>^

nipotendaries (by whofe means the peace had been
happily concluded) to draw up into a folenrn treaty of
commerce, whatfoever, after all things had been
thoroughly confidered at the conferences held for that
purpofe at Madrid, (hould feem to conduce moft to
rfiis good end; the faid ambafladors therefore, by
virtue of their fiill powers (copies whereof are inferted
word for word at the end of this inftrument) agreed
vpon articles of commerce for the explanation d[
former treaties, and greater eafe and convenience of
trade, in the manner and form following:

L The treaty of peace, commerce, and alliance,
concluded at Madrid, between the crowns of Great
Britain and Spain, the 44 day of May, 1667, is ra-
tified and confirmed by tliis treaty, and, for the greater
ftrengthening and confirmation of the fame, it has been
thought proper to infert it word for word in this place,
together with the royal fchedules or ordinations annexed
to it, as follows:

[Here was inferted the treaty of Madrid, 1667;
which fee before in this vol. p. 5.]


I Don Brian Johnfon, conful of the Englifh nation,
in the beft form I can, do declare, that his Majcfty hath
been pleafed to difpatch divers cedulas or grants in
favour of the faid nation, whereby they may have a
particular judge confcrvator, 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 or-
dered and agreed, that they ftiould be kept with all the
exemptions granted to the faid Englifh nation, together
with the rights and privileges granted to any other na-
tion whatfoever, or to the Hans-cities : as alfo doth
appear by another cedula fet forth by the Queen our '
]ady I and thefc Hans-towns have die privilege of a



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no TREATIES [1604

judge confenrator, being either plaintiffs or defendants^
as Ae faid Englifh nation hath, as appears by a copy
of the faid cedula, and the cedula which I now prefent
and fwear to. Given in Madrid, the twentieth day of
March, in the year one thoufand fix hundred and fe-
venty. I intreat your lordlhip therefore, to command
the faid cedulas and articles of peace be perufed, and
to order that they be obferved and executed in aJl re-
Ipefts ', let thofe of the Englifh nation be either plain-
tiffs or defendants, providing as much as may be in
favour of the faid nation. I afk juflice, &c.

Don Brian Jobnfon^ Lie.
D. Juan de Oliver^

T^e ^een Governejs.

FOR as much as the merchants of the Englifh
nation, which trade in the city of Sevilla, have repre-
fcnted, that they receive many vexations from the mi*
niflers which refide therein, contravening the articles
between this crown and that, humbly intreating 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 dif-*
patches to be given for the obfcrvance thereof: as alfo
that the cedulas which the King my Lord (now in glory)
granted them, in the year one thoufand fix hundred
and forty-five, may have their full force and vigour,
as being part of the lafl treaty adjufled bctv^'een me
and the mofl Serene King of Great Britain, as is re-
ferred t6 in the nindi article ; I have confcnted there-
unto : wherefore I order and command the prefident
of the court of Degrees of the city of Sevilla, and all
other miniflers thereof, to whom belongs the per*
formance of the one and the other, that in allrefpefts
whatfoever they inviolably execute* all what is con-
tained in the faid articles of peace, and granted by the
cedula referred to, whenfoever they arc required by
6 them.


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178^.] WITH SPAIN. . til

them, or authentic copies, without going againft the
tenor thereof in any wife, for fuch is my will. Given
in Madrid, the twentieth of March, one thouland fix
hundred andfeventy.

hhe Q^UEEN.
D. Diego de la "Torre.


I Don Brian Johnfon, conful of the Englilh nation,
appear before your lordlhips, and fay, that it is can-
venient for the faid nation, that Andrez Perez dc Man-
fiUa, notary of the government of this city (before
whom were publilhed the articles of peace, which
were adjufted in the year one thoufand fix hundred
feventy-and-feven, between this crown and that of
England) do give a copy of the ninth and thirty-eighth
articles; wherefore I defire your lordlhips, and humbly
intreat, that you caufe to be iffued out your compul-
fory mandate, to the end that the faid Andrez Perez
de Manfilla may give an abftrafl of the faid articles,
I aflc juftice.

Don Brian Johnfon^. *

The ASl.

THAT the faid Andrez Perez de Manfilla do
give, qn the behalf of the faid conful, an authentic
copy, attefted in due form, of the two articles of the
peace, which this petition refers to, and that this a6t
ferve for a mandate. His Lorfhip Don Rodrigo Ser-
rano y Trillo, of his Majefty's council, prefident of
the Royal court of this city, judge confervator of the
Englilh nation, has ordered it in Sevilla, the thirteenth
day of the month of September, in the year 1670.

Don Rodrigo Serrano y Trilk. .
Before me, Juan Gonzales de AveUanedo,


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tie T R E AT I E S [i£p4


ANDREZ Perez de Manfilla, notary public for our
Lord the King, and for the government of this city,
do certify, that by the regiftcrs of public afts made
upon what hath been adjufted and concluded between
this crown and that ot England, for renewing the
articles of peace And commerce, which were publifhed
in this city, the twenty-ninth day of the month of De-
cember, in the year one thoufand fix hundred feventy-
feven, by virtue of the cedula from our Lady the
Queen, direfted to the Count de Humanes, who was
then governor and colonel of the forces in this city
and its diftrids, and which copy, authorifed and com-
pared, is in the faid afts, and with tliem 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 publilhed in this faid city, and in the public places
thereof; and amongft die articles of the faid treaty of
peace there are two, the one number Nine, and the
other number Thirty-eight, wliich are of the tenor fol-
lowing, viz.

Article IX.

THAT die fubjefts of the King of Great Bri-
tain, trading, buying, and felling, in any of the king-
doms, governments, iflands, ports, or territories of the
iaid King of Spain, fhall hold, ufe, and enjoy, all the
privileges and immunities which the faid King hath
granted and confirmed to the Englifli merchants which
refide in Andalucia, by his royal cedulas or orders,
made the nineteenth of March, riie twenty-fixth of June,
and ninth of November, one thoufand fix hundred
Ibrty-and-five j his Catholic Majefty by thefe prefents
ratifying the fame, as part of this treaty between the
two crowns : and, to the end that it may he mahifeft to
all people, l\e hath confented that the faid cedulas, as
to their entire fubftance, be brought, transferred, and .



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t^ii6.] WITH S P A I N. ti3

incorporated in thefe prefent articles, in the name and
in behalf of all and every of the fubjefts of the King
of Great Britain, refiding and trading in any part .
Whatfoever^ within the dominions of his Caiiiolic Ma-


Jrticle XXXVni.

IT is agreed and concluded, that the people and
fiibjcfts of the one and the other of their faid JMa-'
jefties, Ihall have and enjoy> in their relpeftive lands,
feas, ports, roads, coafts, territories, and places be-
longing to each other, the fame privileges, fecurities,
liberties, and immunities, as well touching their per-
fons as their trade, which have been given or fhall be
given by one or the other part, to the moft Chrifldan
King, or the States General of the United Provinces of
the Low Countries, or to the Hans-cities, or any other
kingdom or ftate whatfocver, and that it be with all
the claufes and circumftances in their favour, in as foil,
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

gtkq^ and amity between this crown and that of Great
ritain, which now remains in my cuftody, to which
I refer myfelf ; and that it may be manifeft, in virtue
of the aft pafled by Don Rodrigo Serrano y Trillo,
of his Majefty's council, and his prefident in the Royal -
court of this city ; and at the requeft of Don Brian
Janfon, I have given thefe prefents in Sevilla,^the fif-
teenth day of the month of September, one thoufand
fix hundred and feventy. In teftimony of the truth,

Andrez Perez de Manfilla.


I Anthony Gonzales de Avellaneda, notary for our
Lord the King, and of the Reports in the royal court
of this city, and chief notary of the deputy governor's
court, of this city, Don Thomas de Ona, and of the

Vol. XL \ Confervatoria


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114 TREATIES [1604

Confervatoria of the Englifli nation, whereof Do6tor
Don Rodrigo Serrano y Trillo, of the council of his
Majeffy, and his prefident in this Roy^ court, is judge
confervator, do tcftify, that on the part of the conflils
of the faid nation of this city, and of the Canary
Iflands, there was prefented before the faid prefident a
|Jetition, the tenor whereof was a teftirfiony of the pri-
vileges granted to the faid nation by his Majefly the
King our Lord Don Philip the Fourth (who is in glory)
and of the cornmiffion which he had for the faid con-
fervatorlhip. Don Jeronimo de Pueyo Arancill, of
his Majefty's councij, who was prefident of this Royal
court, and of that which now his lordihip Don Ro-
drigo Serrano y Trillo, of the council of his Majefly,
prefident of this Royal court, and judge confervator of
the faid nation, enjoys, which is as foDows, viz*


WE Don Adrian Johnfon, conful of the Englifh
nation, which trades in this city, and Don Thomas
Colins, conful of the Englifh nation, which trades in
the iflands of the Canaries, do appear before your
iordfhips, and fay, that at the time wliich Don Gero-
nimo del Pueyo Araciel was of his Majefty's council,
and his prefident in the Royal court of this city, being
judge confervator of the faid nation, it was ordered,
that the privileges granted to the faid nation by his
Majefly King Philip the Fourth (now in glory) fhould
be printed, which faid privileges were printed, and order-
ed a certificate thereof fhould be given, which is what
wc here produce j and it being convenient that a cer-
tificate of the faid privileges, with the cedula of con-
fervatorfhip, which faid Don Gcronimo del Pueyo had
of his Majefly, and that which your lordfhip lately
bad, be printed, and delivered to each of us copies
authorifed by the prefent notary, that we may have
them in our cufl:ody, to make them known amongfi:
fliofe of the faid nations : wherefore Wc dcfirc of your



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1786.] WITH SPAIN. 11^

lordfliips, and humbly intreat it may be lb, provided
and commanded. We afk juftice, &c.

Don Adrian Jobnfm. '.
Don Thomas Colins. •

I Buenaventura Carreto, in the name of the Eng-
li(h nation, declare, that his Majefty (whom God pre-
fcrve) hath been pleaied to grant at my parties rc-
queft, the privileges contained in the three royal cc-
dulas, which before your lordfliips I prefent -, which I
requeft and intreat may be obeyed, as his Majeftjr
commands, and that there be given me by the prefenc
notary, in form, a certificate of compliance, with the
infertion of the faid cedulas, that it may be printed.
I aik juftice, &c.

Bentura Carreto.

Cedula of Privileges granted by his Majejly to the Eng-
lifh, which refide in Sevilla, S. Lucar, Cadiz^ ani

DON PHILIP, by the grace of God, King of
Caftille, of Leon, of Arragon, of the IVo Sicilies,
of Jerufalem, of Portugal, of Navarre, of Granada, of
Tdedd, of VaknCria, of Mallorca, of Seviila, of Sar-
dinia, of Cordua, of Cof^ega, of Murcia, v/ Jaen, of
the Algarves, of Algecira, of Gibraltar, of the iflands
of the Canaries, of the Eaft and Well Indies, iflands,
and terra firma of the ocem. Archduke of Auilria,
Duke of Bourgona, of Brabant, and of Milan, Count
of Apfburg, of Flanders, Lord of Bifcay, and of Mo-
lina, &c.

For as much as on the part of you Richard An-
thony, conful of the Englilh nation, by you, and in
the name of the vaflals of the King of Great Britain,
information hath been given to me, that by means of
the peace, which between this and that kingdom is
fettled, thoie which do refide and commerce in Anda*
luiia, principally in the city of Sevilla, San Lucar,
CacHz, and Malaga, humbly intreat me that I would

la be

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be pleafed to confirm to you the privilcjges, exemp-
tions, and liberties which appertain to you, as well by
fhc articles of the faid peace, as by the confirmations
of them, and other favours and indultos, which the
King my Lord and Father (now in glory) granted you,
and all others whatfoever, that have been granted by
my crowns of thcfe my kingdoms of Gaftflle and of
Portugal, commanding that they be obftrved and ac-
c6mpSfhed in all and through all, without any limi-
tation, and that they may be of more force^ to granj:
them anew, with the qualities, anriplifications, condi-
tions,, and declarations, which may be moft convenient
for you, impofing puiufhments upon whom Ihall con-
tracfift thf m arid not obferve them j and that it may
be known what they are, that there be given copies of
them, of what favour I have granted them, having &
due regard to the aforefaid ; and becaufe that for the
cccafions which I have of, wars, you have offered to
aflift me with two thoufand five hundred ducats of
filver, paying one thoufand down, and the other thou-
fand five hundred remaining, in the month of April of
this prefent year, for which Don Francifco Moreno,
with the intervention of Don Antonio de Campo Re-
dondo 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 obli-
gation in form> before John Cortez de la Cruz, my
notary;' 1 have thought fit,, and by thefe prefents, of
my own proper motive, certain knowledge, and royal
asid abfolute power, which in this part I will ufe, and
do ufe, as King and natural lord, not acknowledging
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 p'feace,
as by the confirniations of them, and the reft of the
favours, indultos, which the King my Lord and Father
granted you, and any others whatfoever which have .
been granted by my crowns of Caftille and Portugal,
to the faid va0als in all^ and through all, as therein,



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ijU?] WITH SPAIN. n7

and Jn every thing, ^d in part thereof^ is Ipecified,
contained, and declared, that they may be firm, ftable,
and valid, to you, and be obferved to you, kept, and
fulfilled, becaufe that my intention and deliberate will
IS, that all thofe of the faid nation may enjoy and do
enjoy them without any limitation, with condition, that
during the time they fhall refide in Aadaluzia, the faid
Englilh jnay not be put upo^i any office, or in any
public poft, nor made guai'dians, truftees, nor collec-
tors^ although they may be of the duties of Alcavalus
and Millones, or other duties which relate to my royal
treafury -, nor fhall they demand frorti you loans or do-
natives, nor oblige you to farm any rents, nor take
your horfes or flaves.

And to do you flirther favour, in conformity of what
is capitulated in the faid peace, I will and pefmit that
you may and do trade and commerce freely, and fell
your merchandizes and goods, and buy thofe of my
kingdoms, and carry them thence, obferving what is
ordaiiied by the laws and decrees that treat thereof
paying mto my royal treafury the dudes that ought to
be paid j prohibiting, as I do prohibit, and command'
that they do not take fi-om you by force any mer-
chandizes, as wheat or barley, ^though it be for dif-
patcK of my armadas, fleets, or galloons, neither for
the Aflfenriftas nor Eftranqueros, and the faid privileges
fliall be as to wheat and barley, according to the tax j
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 diat they
fhall not, upon the account aforefaid, give you any
manner of trouble or vexation.

And becaufe 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 faked, which being the mofl neceffary provi-
lions 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

I 3 that


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|tg t R E A T I E S [1604

tjiat thafc which arrive with any fifh dry and fitted,
there may not be impofed ^ny fate, but riiat they fell
lit the price they will, without that it be neceffary that
they nrianifeft it more than to the minifters which re-
tovcr my royal revenues j and that if the fhips in which
they bring the faid bacallao be great, that diey cannot
rome 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 coft of the owners
of them. In like fort, I command, that in cafe it ap-
pears that the faid fifh is rotten, and cannot be Ipent,
It be burnt or call into the fea, without that by reafon
thereof there may be made any procefs againft the
low^ers, or perfons that fold it, or be imprifoned or in-
formed againft.

And becaufe that the adminiftrator of the Almona-