Gambar halaman
PDF
ePub

persons, through their subjects or through others, by the command, will, approbation, and consent of these Kings, and against the form and effect of the present Alliance and Treaty of Friendship, to have any injury done to the other, by making or causing to be made by their people, or by permitting or procuring open war on the other, by land or sea, or by annoying or molesting the other party, under any alleged pretext or title; it is provided and unanimously agreed, that the party committing such excess, injury, or violence shall lose the benefit which, by the present league, he would derive from the goodwill of the other party so outraged, and that it shall be competent to the same outraged party, if he choose to infringe the preceding alliance, or to proceed (while the league remains in force) for the advantage of the said party so injured to redress the outrages, in whatever way it may appear to him proper; nor shall on that account any imputation of perjury, ignominy, or any other penalty or charge of criminality, attach to him.

Article XII.

Furthermore, it is provided, that the present league, after being concurred in, transcribed, and sealed, shall be solemnly sworn to, not only by us, the aforesaid Commissioners and Procurators, on the souls of our above-mentioned masters, but also by the aforesaid Lords, the Kings themselves, as principals, previous to being delivered to the parties.

Signed at Windsor, 9th May 1386.

(Extract.)

3.-Treaty signed at London, 29 January 1642.

Article I.

IT is concluded and recorded, that there is and shall be for ever, a good, true, and firm peace and amity between the most renowned Kings, Charles, King of Great Britain, and John the Fourth, King of Portugal, their heirs and successors, and their kingdoms, countries, dominions, lands, people, liegemen, vassals, and subjects whomsoever, present and to come, of whatsoever condition, dignity, or degree they may be, as well by land as by sea, and fresh waters; so as the said vassals and subject are each of them to favour the other, and to use one another with friendly offices and true affection; and that neither of the said most renowned Kings, their heirs and successors, by himself or by any other, shall do or attempt anything against each other, or their kingdoms, by land or by sea, nor shall consent nor adhere unto any war, counsel, or treaty in prejudice of the other.

Article XX.

It has been concluded and agreed, that the present peace and alliance shall in nowise derogate from the alliances and confederacies formerly made and contracted between the most renowned King of Great Britain, and other Kings, Princes, and Commonwealths, but that the said confederacies and alliances shall be firmly preserved, and remain, for the future, in full force and virtue, the present Treaty of Peace notwithstanding.

Article XXI.

Finally, it is concluded that the said most renowned Kings, Charles, King of Great Britain, &c., and John IV., King of Portugal, &c., shall sincerely and faithfully observe and keep, and cause to be observed by their subjects and inhabitants, all and singular the capitulations concluded and accorded in this present Treaty; and that they shall not, directly or indirectly, do contrary to the same; and that they shall confirm and ratify all and singular the Conventions aforesaid, by their letters patent, subscribed with their royal hands, and with their Great Seals, in good and due form; and upon the first occasion shall deliver, or cause to be delivered, the same faithfully, really, and effectually; and they shall mutually bind themselves by promise, in the word of a King, that they shall observe and keep all and singular the premises, whensoever they shall be thereunto required by either part; and they shall cause this present peace and amity, in manner accustomed, to be published as soon as the same conveniently may be done.

4. Treaty

4.-Treaty signed at Westminster, 20 July 1654.

(Extract.)

Article I.

THAT there shall be a good, true, and firm peace between the Republic of England and the Most Serene King of Portugal, and between the countries, territories, kingdoms, dominions, and principalities under their respective Governments, and their people, subjects, and inhabitants, of whatsoever condition, rank, and dignity, not only by land but on the sea, rivers, and fresh waters; in such manner that their said people and subjects shall behave to each other with favour, assistance, mutual love, and honest affection; and that neither of the said parties, or their people, subjects, or inhabitants, shall commit or attempt anything against the other, in any place, either by land or sea, or in the harbours or rivers of either, nor shall consent or adhere to any war, counsel, or Treaty, to the damage of the other, nor receive or harbour the rebels or fugitives of either, in any of the other's territories, kingdoms, dominions, ports, or borders.

Article XIX.

That neither the said Republic nor King shall suffer the ships and goods of either of their people, which shall at any time be taken by the enemies or rebels of the other, and carried to any ports or places of the other's territories or dominions, to be conveyed away from the owners or proprietors; but the same shall be restored to them or their attorneys, provided they lay claim to such ships and goods before they are sold and cleared, and either prove their right, or exhibit testimonies of their property in them, within three months after the said ships and goods are so carried off; and in the meantime the proprietors shall pay and discharge the necessary expenses for the preservation and custody of the said ships and goods.

Article XXVI.

It is also agreed and concluded, that no other League or Confederacy whatsoever, made or to be made, by the Most Serene Lords the Protector of England and the King of Portugal, with any other Princes or Republics whatsoever, shall derogate from the present Treaty of Peace and Alliance, but that the Peace and Confederacy shall be kept entire, and always in full force.

In witness and testimony of all which we, the Commissioners of his Highness the Lord Protector, and the Ambassadors Extraordinary of the most Serene King, by virtue of our respective commissions and full powers, have signed the present Treaty with our own hands, and sealed it with our own seals.

Done at Westminster, the 18th day of July, in the year 1654.

(Extract.)

29th December 1651 11th January 1652

5.-Treaty signed at Whitehall, 28 April 1660.

(Translation.)

Article I.

It is agreed and adjusted on both sides, that the preliminary Articles of the and the Articles of the Peace bearing date the 18th July 1654, and concluded between Portugal and Eugland, shall in all their clauses, sentences, and tenour, and according to the true and genuine import of the said Articles, be considered as firm and valid, and not only be corroborated in their former vigour, but obtain additional force by the present stipulation, so as to be on either part observed sincerely, and with the best faith, and even after the termination of this present Treaty, remain, nevertheless, unshaken and inviolable.

Article II.

That his Majesty of Portugal, or any one whom he may depute, shall be permitted to raise and procure, in this Commonwealth, soldiers and horses, to defend and secure himself against the King of Castile.

275.

I

Article

Article III.

On this condition, however, that the number of horses do not exceed 2,500, concerning the price of which he shall be allowed to settle with the dealers in any manner he can agree with them.

Article IV.

And that the military force which he shall be at liberty to levy do not amount to more that 12,000, namely, 4,000 out of each of the three nations of England, Scotland, and Ireland.

Article V.

And that the Colonels, Lieutenant-Colonels, Majors, and Captains, as well as all other grades of officers below that of Colonels of the said forces, whether of Foot or Horse, be selected from among the three nations of England, Scotland, and Ireland respectively.

Article VI.

That, moreover, it shall be lawful for the King of Portugal, or for any individual to whom he may delegate the office, to hire twenty-four ships whenever he shall deem it expedient, at such a price as he may contract for them with the

owners.

Article VII.

That the Commanders or Captains, and the petty officers, of these ships shall all be taken from among the English nation, and shall be chosen and approved by the Minister of the King of Portugal residing in this metropolis.

Article VIII.

That the persons deputed by the King of Portugal shall be competent to buy in this Commonwealth, at what rate they may be able, such a quantity of arms and ammunition as shall be required for the above-mentioned number of military and shipping, or even a larger quantity of arms and ammunition, if this commonwealth should deem it consistent with its policy, and the Council of State should, by means of a special order, grant its permission for such purchase.

Article IX.

That these troops, both Infantry and Cavalry, shall be conveyed to Portugal at such a period or periods as shall appear most convenient to His Majesty.

Article X.

That this conveyance of horses, soldiers, arms, and ammunition, shall be at the charge of the said King, and shall be effected at such reasonable prices as he can agree upon with the contractors for it.

Article XI.

That the Minister of the King of Portugal shall be permitted, at his discretion, to negotiate and fix upon the manner and condition of the levy of the said number of soldiers, with any Colonels to whom he may think proper to apply.

Article XII.

On condition, however, that all these Colonels, Lieutenant-Colonels, and Majors of the said troops be bound to covenant with, and give security to, this Commonwealth, not to compass, either themselves or their soldiers, any design against this Commonwealth, or against its present allies, nor to deliver the arms to the soldiers till their arrival on the coast of Portugal.

Article

Article XIII.

That whatever part of Portugal the said troops may resort to, or be stationed in, all of them, or any individual regiment, battalion, or company of them, shall have free exercise of their religion, in the same manner and form as the other English subjects are enjoying the same in their private houses, and on board their ships, by virtue of Article VI. of the Treaty of Peace concluded the 10th July 1654.

Article XIV.

That the present Treaty shall be ratified by either State, after the expiration of two months, to calculate from the signature of the same by both parties; on which day the authentic instrument of ratification, executed by this Commonwealth, shall be delivered into the hands of the Minister of the King of Portugal in this country, as likewise shall the King of Portugal cause the copy ratified by him to be delivered, on the same day, either to the Consul or Public Minister of England, residing at Lisbon.

To authenticate all the above, and each several point, I, the Ambassador Extraordinary of the aforesaid Most Serene King of Portugal, have, with my hand and seal, and likewise we, the Council of State, constituted by the authority of Parliament, have, by the hand of our President, and with the seal of the Council, signed and sealed the present Treaty, consisting of fourteen Articles.

Done at Whitehall, the 4th of April 1660.

[blocks in formation]

THAT all Treaties made between Great Britain and Portugal since 1641, until this very time, shall be ratified and confirmed in all points and to all intents, and shall receive as full force and ratification by this Treaty, as if they were herein particularly mentioned and inserted word by word.

Article XV.

In consideration of all which grants and privileges, so much to the benefit of the King of Great Britain and his subjects in general, and of the delivery of those important places to His said Majesty and his heirs for ever, whereby the greatness of his Empire is so far extended; and even in consideration of the portion itself, which far exceeds the portion that hath ever yet been given to any daughter of Portugal; the King of Great Britain doth profess and declare, with the consent and advice of his Council, that he will take the interest of Portugal and all its dominions to heart, defending the same with his utmost power by sea and land, even as England itself, and that he will transport thither at his proper costs and charges, two regiments of Horse, each regiment consisting of 500, and two regiments of Foot, each consisting of 1,000, all which shall be armed at the charge of the King of Great Britain, but after they are landed in Portugal shall be paid by the King of Portugal; and in case the said regiments come to be diminished, by fight or otherwise, the King of Great Britain shall be obliged to fill up the number at his own charge; and that he shall cause the said regiments to be transported as soon as the Lady Infanta shall arrive in England, if it be so desired by the King of Portugal.

Article XVI.

The King of Great Britain doth also promise, with the advice and consent of his Council, that when and as often as Portugal shall be invaded, he will send thither (being thereunto desired by the King of Portugal) ten good ships of war; but when and as often as it shall be infested by pirates, three or four ships, all sufficiently manned and victualled for eight months, from the time of their 275. I 2 setting

setting sail for England, to obey the orders of the King of Portugal. And if it shall be required that they stay above six months there, the King of Portugal shall be obliged to victual them for so long a time as they are to stay, and to put in one month's victuals at the time they are to set sail for England; but if the King of Portugal shall be pressed in any extraordinary manner by the power of the enemies, all the King of Great Britain's ships, which shall at any time be in the Mediterranean Sea, or at Tangier, shall have instructions in such cases to obey any orders they shall receive from the King of Portugal, and shall betake themselves to his succour and relief. And in regard of the above-mentioned concessions and grants of the King of Portugal, His Majesty of Great Britain, his heirs and successors, shall not at any time require anything for the

succours.

Article XVII.

Besides the levies the King of Portugal hath liberty to make by virtue of past Treaties, the King of Great Britain doth oblige himself by this present Treaty, that in case Lisbon, Porto, or any other sea-town, shall be besieged or blocked up by the power of Castile, or any other enemy, he will afford timely assistance of men and shipping, according to the exigency of the circumstances, and proportionable to the necessity of the King of Portugal.

Article XVIII.

The King of Great Britain doth profess and promise, with the advice and consent of his Council, that he will never make a peace with Castile, which may be the least impediment to him, directly or indirectly, in his giving full and entire assistance to Portugal, in order to its necessary defence; and that he will never deliver Dunkirk or Jamaica unto the King of Castile, nor ever forbear to do any act that is necessary for the relief of Portugal, though by so doing he shall be engaged in a war with the King of Castile.

Secret Article.

Over and above all and singular agreed and concluded in the Treaty of marriage between the Most Serene and Most Powerful Charles, the second of that name, King of Great Britain, and the Most Virtuous and Serene Lady Catherine, Infanta of Portugal, it is by this Secret Article, concluded and accorded, that His Majesty of Great Britain, in regard of the great advantages and increase of dominion he hath purchased by the above-mentioned Treaty of Marriage, shall promise and oblige himself, as by this present Article he doth, to defend and protect all conquests or colonies belonging to the Crown of Portugal against all his enemies, as well future as present: moreover, His Majesty of Great Britain doth oblige himself to mediate a good peace between the King of Portugal and the States of the United Provinces, and all Companies or Societies of Merchants subject under them, upon conditions convenient and becoming the mutual interest of England and Portugal; and in case such a peace ensue not, then His Majesty of Great Britain shall be obliged to defend, with men and ships, the said dominions and conquests of the King of Portugal. In case, also, that any towns, forts, castles, or any other places, shall be taken by the Dutch, after the 1st of May, this present year 1661, then His Majesty of Great Britain doth promise and engage to oblige the Dutch to a full and perfect restitution thereof. His Majesty of Great Britain doth, moreover, oblige himself to send the next monsoon ensuing, after the ratification of the Treaty of Marriage and this Article, a convenient succour to the East Indies, proportionable to the necessity of Portugal and strength of our enemies. It being declared that His Majesty nor his successors shall not at any time require any pay or satisfaction for the

same.

(Extract.)

7.-Treaty signed at Lisbon, 16 May 1703.

Article I.

ALL former Treaties between the above said Powers are hereby approved, confirmed, and ratified, and are ordered to be exactly and faithfully observed, except in so far as by the present Treaty is otherwise provided and established;

SO

« SebelumnyaLanjutkan »