A treaty for the composing of differences, restraining of depredations and establishing of peace in America between the crowns of Great Britain and Spain : concluded at Madrid the 8th/18 day of July in the year of our Lord, 1670 ...

A TREATY, for the composing of Differences, restraining of Depredations, and the establishing of Peace in AME∣RICA, between the Crowns of Great Britain and Spain.

WHereas for many years past the good Understanding and Cor∣respondence between the En∣glish and Spanish Nations having been disturbed in AMERICA, It pleased the Most Serene and Powerful Prince CHARLES King of Great Brit∣ain, &c. in order to the Restoring and Regula∣ting the same, for the future to send into Spain His Envoy Extraordinary Sir William Godolphin Knight, with full Authority and Power to make any Treaty convenient and proper for that end: And likewise the Most Serene and Powerful CHARLES King of Spain, &c. and the Queen-Regent MARIA-ANNA, &c. for the carrying on a work of so much Piety and Publick-Good,

Deputed on their Part the Earl of Penaranda, Councellor of State, and President of the Indies, to Conferr, Treat, and conclude thereupon with the said Sir William Godolphin: At length they mutually resolved and agreed upon the Articles of the following Treaty in Virtue of their seve∣ral Commissions.

I.

FIrst, It is Agreed between the above-menti∣oned Plenipotentiaries Sir William Godolphin and the Earl of Penaranda in the Names of the Most Serene Kings respectively their Masters, That the Articles of Peace and Allyance made between the Crowns of Great Britain and Spain in Madrid on the 13/23 of May 1667, or any clause thereof shall in no manner be deemed or under∣stood to be taken away, or abrogated by this present. Treaty; but that the same shall remain perpetually in their ancient force, stability and vigour, so farr forth as they are not contrary or repugnant to this present Convention and Arti∣cles, or to any thing therein contained.

II.

THat there be an Ʋniversal Peace, true and sin∣cere Amity in AMERICA, as in the other parts of the World, between the most Serene Kings of Great Britain and Spain, their Heirs and Successors, and between the Kingdoms, States, Plantations, Colonies, Forts, Cities, Islands and

Dominions, without any distinction of Place be∣longing unto either of them, and between the People and Inhabitants under their respective O∣bedience, which shall endure from this day for ever, and be observed inviolably, as well by Land as by Sea and fresh Waters, so as to pro∣mote each the Welfare and Advantage of the other, and favour and assist one another with mutual Love; and that every where, as well in those remote Countries as in these which are nearer, the faithful Offices of good Neighbour∣hood and Friendship may be exercised, and encrease between them.

III.

ALso, that for the time to come, all Enmities, Hostilities and Discords between the said Kings their Subjects and Inhabitants, cease, and be abolished: And, that both Parties do alto∣gether forbear and abstain from all Plundering, Depredation, Injuries and Infestation whatsoe∣ver, as well by Land as by Sea, and in fresh-wa∣ters, every where.

IV.

THe said Most Serene Kings shall take care that their Subjects do accordingly abstain from all Force and wrong doing: And they shall Revoke all Commissions and Letters of Reprisal and Mart, or otherwise containing Li∣cence to take Prizes, of what condition or kind,

soever, being to the Prejudice of the one or other of the said Kings, or of their Subjects, whether the same have been given or granted by them unto Subjects or Inhabitants, or unto Strangers; and shall declare the same to be void and of no force, as by this Treaty of Peace they are declared so to be: And whosoever shall do any thing to the contrary, he shall be punished not only Crimi∣nally according to the merit of his Offence, but shall also be compell'd to make Restitution and Satisfaction for the Losses to the Parties damnified, requiring the same.

V.

ANd furthermore, the said Kings shall de∣nounce, as by the Tenour of these Presents every of them hath and doth Renounce, whatso∣ever League, Confederation, Capitulation, and Intelligence made by what manner soever in the Prejudice of the one or the other, which doth or may repugn against this Peace and Concord, and all and singular the Contents thereof: All which and every of them, so farr as they do concern the effect aforesaid, they shall annul and make void, and declare to be of no force or moment.

VI.

THe Prisoners on both sides, one and all, of what degree or condition soever, de∣tained by reason of any Hostilities hitherto com∣mitted in AMERICA shall be forthwith set at li∣berty, without Ransom, or any other Price of their Freedom.

VII.

ALl Offences, Damages, Losses, Injuries, which the Nations and People of Great Britain and Spain have at any time heretofore, upon what Cause or Pretext soever suffered by each other in America, shall be expunged out of remembrance, and buried in Oblivion, as if no such thing had ever past.

Moreover, It is Agreed, That the Most Se∣rene King of Great Britain, His Heirs and Suc∣cessors, shall have, hold, keep and enjoy for ever, with plenary Right of Soveraignty, Dominion, Possession and Propriety all those Lands, Regions, Islands, Colonies and Places whatsoever, being or situated in the WEST-INDIES, or in any Part of AMERICA, which the said King of Great Britain and His Subjects do at pre∣sent hold and possess; So as that in regard thereof, or upon any Colour or Pretence whatsoever, Nothing more may or ought to be urged, nor any Question or Controver∣sie

be ever moved concerning the same here∣after.

VIII.

THe Subjects and Inhabitants, Merchants, Captains, Masters of Ships, Mariners of the Kingdoms, Provinces and Dominions of each Confederate respectively, shall abstain and forbear to Sail and Trade in the Ports and Havens which have Fortifications, Ca∣stles, Magazines or Ware-houses, and in all other places whatsoever possessed by the other Party in the WEST-INDIES; to wit, The Subjects of the King of Great Britain shall not Sail unto, and Trade in, the Havens and Pla∣ces which the Catholique King holdeth in the said INDIES: Nor in like manner shall the Subjects of the King of Spain Sail unto, or Trade in, those Places which are Possessed there by the King of Great Britain.

IX.

BUt, if at any time hereafter either King shall think fit to grant unto the Subjects of the other any general or particular Licence or Priviledges of Navigating unto, and Tra∣ding in, any places under His Obedience who shall grant the same, The said Navigation and Trade shall be exercised and maintained

according to the Form, Tenour and Effect of the said Permissions or Priviledges to be allowed and given; For the Security, War∣rant and Autority whereof, this present Treaty and the Ratification thereof shall serve.

X.

IT is also Agreed, That in case the Subjects and Inhabitants of either of the Confederates, with their Shipping (whether publick and of Warr, or private and of Merchants) be forced at any time, through stress of Weather, Pursuit of Pyrates and Enemies, or other inconveni∣ence whatsoever, for the seeking of shelter and harbour, to retreat and enter into any of the Rivers, Creeks, Bayes, Havens, Roades, Shoars, and Ports belonging to the other in AMERICA, they shall be received and treated there with all Humanity and Kindness, and enjoy all friendly Protection and Help: And it shall be lawful for them to refresh and pro∣vide themselves at Reasonable, and the Usual Rates, with Victuals and all things Needful, either for the sustenance of their Persons, or reparation of their Ships, and conveniency of their Voyage; And they shall in no manner be detained or hindred from returning out of the said Ports or Roads, but shall remove and de∣part

when and whither they please, without any let or impediment.

XI.

LIkewise, If any Ships belonging to either Confederate, their People and Subjects, shall within the Coasts or Dominions of the other stick upon the Sands, or be Wrack'd, (which God forbid) or suffer any dammage, the Persons Shipwrack'd and cast on the Shore shall in no sort be kept Prisoners, but on the contrary all Friendly Assistance and Relief shall be Administred to their Distress, and Letters of Safe-conduct given them for their free and quiet Passage thence, and the re∣turn of every one to his own Country.

XII.

BUt when it shall happen, that the Ships of either (as is above-mentioned) through danger of the Sea, or other urgent Cause, be driven into the Ports and Havens of the o∣ther, if they be Three or Four together, and may give just ground of Suspition, they shall immediately upon their arrival acquaint the Governour, or Chief Magistrate of the Place with the Cause of their coming, and

shall stay no longer there then the said Go∣vernour or Chief Magistrate will permit, and shall be requisite for the Furnishing them∣selves with Victuals, and Reparation of their Ships: And they shall alwayes take care not to carry out of their Ships any Goods or Packs, exposing them to Sale, neither shall they receive any Merchandize on Board, nor do any thing contrary to this Treaty.

XIII.

BOth Parties shall truly and firmly observe and execute this present Treaty, and all and every the matters therein contained, and effectually cause the same to be Obser∣ved and Performed by the Subjects and In∣habitants of either Nation.

XIV.

NO Private Injury shall in any sort wea∣ken this Treaty, nor beget hatred or dissentions between the foresaid Nations, but every one shall answer for his own proper Fact, and be prosecuted thereupon; Nei∣ther shall one man satisfie for the offence of another by Reprisals, or other such like odious proceedings, unless Justice be denied or unreasonably delayed, in which

case it shall be lawful for that King, whose Subject hath suffered the Loss and Injury, to take any Course according to the Rules and Method of the Law of Nations, untill repara∣tion be made to the Sufferer.

XV.

THe present Treaty shall in nothing de∣rogate from any Pre-eminence, Right or Dominion of either Confederate in the American Seas, Channels or Waters, but that they have and retain the same in as full and ample manner, as may of Right belong unto them: But, it is alwayes to be understood, that the Liberty of Navigation ought in no manner to be disturbed, where nothing is committed against the Genuine Sence and Meaning of these Articles.

XVI.

LAstly, The Solemn Ratifications of this present Treaty and Agreement, made in due form, shall be delivered on both sides, and mutually exchanged within the space of four Months from this day; And within eight Moneths, to be computed from the said Ex∣change of the Instruments, (or sooner if pos∣sible)

they shall be Published in all conveni∣ent places throughout the Kingdoms, States, Islands and Dominions of both Confederates, as well in the West-Indies as elsewhere.

In Testimony of all and singular the Con∣tents hereof, We the above-mention∣ed Plenipotentiaries have Signed and Sealed this present Treaty, At Madrid the 8th / 18 Day of July, in the Year of Our Lord 1670.

• The Count of Penaranda, L S.
• William Godolphin, L S.

FINIS.