unless it be in a Cafe where it is manifest that Justice hath been denied; which, however, fhall not be taken to be proved, unless after a Delay of two Years from the time of exhibiting the first Libel; which being expired, the Plaintiff fhall prefent to his own Prince, an humble Petition for obtaining Letters of Reprifal, which fhall be communicated to the Minister of the other Prince, if there be any fuch at Court, or else to the Person that tranfacts his Affairs there; after which the definitive Sentence fhall still be deferred for fix Months; which being at length elapfed, Letters of Reprifals may be decreed. XLII. The Subjects of his Imperial Majefty, and of his Royal Catholick Majefty, fhall be ftrictly forbidden to take Commiffions from any other Prince for fitting out Privateers, or Letters of Marque, in order to cruize against the Subjects of the other; and the Contravener to this Article fhall be treated as a Pyrate, not only in the Provinces against which he accepted fuch Commiffions, when, being taken in the very Act of fuch Cruifing, he fhall have been carried thither, but alfo in all the Dominions of the Prince, whofe Subject he is: Therefore fuch a one fhall, upon the first Complaint, be proceeded against criminally, even to Execution. XLIII. It being the real Will of his Sacred Imperial Catholick Majefty, and his Royal Catholick Majefty, that Peace, Concord, and Amity may be fo fincerely cultivated by the Subjects on both Sides, that upon all Occafions they may mutually help and affift each other; it is agreed, That if at any time a Ship belonging to his Imperial Majefty's Subjects be taken by any common Enemy, and afterwards retaken by a Spanish Man of War, or other armed Ship, the Retaker shall be allowed, as a Reward, the 5th Part of the Value of the Ship and Lading, provided the Ship be refcued within the space of forty eight Hours after her falling into the Enemy's Hands; but if the Ship taken be rescued within the fecond forty eight Hours, the Retaker fhall have one third Part; and if at any time after the faid laft forty eight Hours the faid Ship be retaken, one half of the Ship and Cargoe shall be due to the Retaker, and the other half fhall return to the Owners. The fame to be obferved in cafe any Ship retaken fhould belong to the Subjects of his Royal Catholick Majefty, and the Retaker should be a Man of War, or armed Ship of his Imperial Majefty's. XLIV. And XLIV. And altho' it may be hoped, that the Peace which by God's Favour hath been lately established between his Imperial Catholick Majefty, and his Royal Catholick Majefty, and their Succeffors, Kingdoms and Dominions, will last very long, without being infringed by any Handle given, or Offence taken, on either fide; yet becaufe all worldly things are fubject to unforefeen Viciffitudes, it is agreed, That in cafe a new War (which God avert) fhould break out between them, the Merchants and Subjects, who shall then live in each other's Ports, Cities, Dominions and Provinces, fhall be allowed fix Months; within which time they may with all manner of Security withdraw themselves, their Families, Goods, Effects, and Merchandizes, together with their Ships and Cargoes, with the Masters of the Ships, Officers, and all things belonging to them; and may alfo gather in all their juft Debts, and profecute their other Rights and Actions, (with regard to which, fpeedy Juftice fhall be adminifter'd unto them) and return to their own Country. XLV. To the end the preceding Article may not be fubject to any Ambiguity, it is by this Article explained in the manner following, viz. That it be permitted to the faid Merchants, within the Space of the faid fix Months, to carry on their Commerce, and to fell, buy, and barter, and to remove all their Effects, as well as themselves, their own Families, and thofe of their Factors and Domesticks, without the leaft Trouble or Obstruction by Land and Sea, with the fame Liberty to all Intents and Purposes as they might do during the Peace, and as if no War had intervened; provided they behave themfelves peaceably and quietly, and abftain from all manner of clandeftine Practices against the publick State: They may likewife within the faid Space of fix Months fue their Debtors at Law, and Juftice fhall be fo fpeedily done them, as that they may obtain Judgment before the Expiration of the faid Term; and, if it be poffible, they fhall have Execution thereupon: But if, notwithstanding all Diligence be used, either final Judgment cannot be given, or Execution thereof be made before the Expiration of the faid Term, it fhall be permitted to the faid departing Subjects to profecute and follow their Actions and Suits, whether they be Plaintiffs or Defendants, by their Attornies; and to procure the Payment of what fhall be adjudg'd to them, or is due to them by Virtue of any Judgment already given, the Pretence of the War at that time raging between the faid Princes in any wife notwithstanding. XLVI. It XLVI. It is moreover agreed, with regard to the faid refpective Subjects, Merchants and others, who ought to withdraw within the faid Space of fix Months, that Paffports fhall be granted to fuch of them as fhall defire the fame; wherein the Place from whence they depart, and the Place to which they are bound, and alfo the Number of Perfons, together with the things which they carry with them, fhall be fpecifically defcribed and fet down; to which Paffports, due Honour and Refpect fhall be paid by Land and by Sea, during the whole time of their Duration; which fhall be extended to double the time that the Journey from the Place from whence they depart, to the Place to which they are bound would otherwife require, altho' it fhould be certain that no Delay or Obftacle could poffibly happen to them in their Return: The like Paffports fhall alfo be furnished to the Ships remaining in the Ports, to the end they may fafely and fecurely return home with their Ladings. XLVII. Lastly, it is agreed, That generally all things that have been ftipulated for the Benefit of the British Nation, in the Treaties made at Madrid the of May, 1667. and of July, 1670; and alfo in the Treaties of Peace and Commerce made at Utrecht in the Year 1713. and lately in the laft Treaty or Convention and which are not herein exprefs'd word for word, or fufficiently explain'd, fhall, in favour of the Subjects of his Imperial Majesty, and as far as they can be applied to them, be deemed and taken to be expreffed and inferted herein by Name; which is likewife to be understood of all the Advantages that have been granted to the Subjects of the United Provinces by the Treaty of Peace of Munfter, in the Year 1648; the Maritime Treaty of the Hague, in the Year 1650; and the Treaty of Peace and Commerce of Utrecht, in the Year 1714; fo that if any Doubt fhould happen to arise in any Cafe whatever, about what ought to be observed in Spain, or the rest of his Catholick Majefty's Kingdoms, with regard to the Subjects of his Imperial Majefty, the above-mention'd Treaties, and all thofe things which have therein been granted by the former Kings of Spain, and by his Royal Majefty now reigning, to the two Nations aforefaid, under the Dates before fpecified, fhall ferve as a Rule and Precedent in all doubtful Cafes, or Cafes omitted out of this Inftrument. This This prefent Treaty fhall be ratify'd by his Sacred Imperial Catholick Majefty, and his Sacred Royal Catholick Majesty, and the Inftruments of Ratification fhall be exchanged within the Space of three Months, or fooner if poffible. In Witness whereof we the underwritten refpective Commiffioners and Ambaffadors Extraordinary of his Imperial Catholick Majefty, and of his Royal Catholick Majefty, Plenipotentiaries, have to this prefent Treaty of Navigation and Commerce, fubfcribed our Names and affixed our Seals, at Vienna in Auftria the first Day of May in the Year of our Lord 1725. (L. S.) Eugenius à Sabaudia. (L. S.) Gundacarus Comes à Star- (L.S.) 7. G. Baro de Ripperda. This is the Treaty which has fo much difobliged the other Trading Powers and have laid the Foundations of a War, which, in all probability muft one Day break out, tho' perhaps not immediately. The Manner in which the English and Dutch, the two Nations most concern'd, have refented the Proceedings of their Imperial and Catholick Majefties, will beft appear by the Deliberations of their Legislative Powers. The reading of the Treaties of Vienna and Hannover, and of the above Treaty of Commerce in the British Parliament, occafioned the two following Addreffes; which we purposely omitted laft Month, in our advices from Great Britain, to infert in this place. The Humble Addrefs of the Houfe of Lords prefented to His Majefty on Friday the Eighteenth Day of February, 1725. Moft Gracious Sovereign, WE E Your Majefty's moft Dutiful and Loyal Subjects, the Lords Spiritual and Temporal in Parliament Affembled, humbly beg leave to return Your Majefty our most hearty Thanks for Your moft Gracious Condefcenfion in laying the Treaties of Peace and Commerce made at Vienna, between his Imperial Majefty and the King of Spain, and the Defensive Alliance concluded between Your Majefty, the moft Chriftian King, and the King of Pruffia, before this House. C The The faid Treaty of Commerce plainly appears to us, upon our moft mature Confideration thereof, to have been calculated with a View to put the Trade of the Spanish East and West Indies entirely into the Hands of his Imperial Majefty's Subjects, contrary to the Barrier Treaty made between the Emperor and the States General, to which your Majesty at their Request became Guarantee; as well as in Breach of many Solemn Treaties and Engagements to the contrary, between the Crowns of Great Britain and Spain, and to the inexpreffible Damage of the Subjects of this Realm. We cannot fufficiently exprefs our Senfe of the infinite Obligations we lie under to Your Majefty, for your Care of the Protestant Intereft abroad, and of the Trade of this Nation, by concluding, at fo critical a Juncture, the above mentioned Defenfive Alliance, highly neceffary for maintaining the Balance of Europe, as well as for the preferving many valuable Rights, Immunities, and Advantages, relating to the Trade of Britain; and we affure Your Majefty, that we will ftand by and fupport your Majefty to the utmost of our Power in the Engagements You have entred into by this Treaty, and in the Profecution of fuch farther Measures, as Your Majefty in Your great Wisdom fhall think proper, for preventing the ill Confequences to the Trade of this. Kingdom, by the above mentioned Treaty of Commerce. We moft humbly acknowledge Your Majefty's Goodness in not fuffering Your Self to be diverted through any Suggestions or Infinuations what foever, from a Work fo neceffary to the Welfare of Your British Subjects. They must have the meaneft Thoughts of this Nation, who can imagine us capable of tamely fuffering any Infult or Indignity to be offered to Your Majefty, on Account of Your Majesty's Firmness in. maintaining the true Intereft and Happiness of Your People: But Juftice, Gratitude, and Honour fill our Hearts with very dif ferent Sentiments, and make it our indifpenfible Duty to affure Your Majefty upon this Occafion, That, if Your Majefty fhall be at any Time infulted or attacked by any Prince or State whatfoever, in any Part of Your Majefty's Dominions or Territories, not belonging to the Crown of Great Britain, in Refentment of fuch Meafures as Your Majefty has taken for preferving and maintaining the Trade and Safety of this Kingdom, and of Your Majefty's having entred into the faid Defenfive Alliance for that purpofe; we are fully determined, in: Vindication of Your Majefty's Honour, to exert our felves to the utmost in. defending and protecting fuch Dominions, from any fuch Infults and Attacks. 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