XIX. And, if during this peace and amity, any thing shall be attempted, committed, or done, against the force and effect thereof, by land, sea, or fresh waters, by any of the said Kings, their heirs and successors, their vassals or subjects; yet, notwithstanding, this peace and amity shall remain in strength and virtue, and the attempters and offenders only, and none others, shall be punished for such their attempts.

XXI. Finally, it is concluded that the said most renowned Kings, Charles, King of Great Britain, &c. and John the Fourth, 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.

Signed at London, January 29, 1642.

TREATY between Great Britain and Portugal. Signed at Westminster, the 10th July, 1654.*

EXTRACT. (Translation from the Latin).

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 * Renewed by Article XXVI of the Treaty of 1810.

waters; in such manner that their said people and subjects shall behave to each other with favour and assistance, mutual love and honest affection; and that neither of the said Parties, or their people, subjects, or inhabitants, shall commit or attempt any thing 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.

II. That there shall be a free commerce between the Republic of England and the King of Portugal, and their people, subjects, and inhabitants, as well by land as on the sea, rivers, and fresh waters, in all and singular the countries, lands, dominions, territories, provinces, islands, colonies, cities, towns, villages ports, and borders, where commerce was heretofore, or is at this time carried on, in such manner that the people, subjects, and inhabitants of either, may, without any safe-conduct or other general or special licence, pass by land and sea, by rivers and fresh waters, to the aforesaid Dominions and Kingdoms, all their cities, towns, harbours, shores, bays and places, and enter the same with carriages, horses, packs and vessels, laden or unladen, there to import, sell and buy merchandize, and at a reasonable price to procure victuals, and what necessaries they want for their stay and voyage, to refit their ships and carriages, whither their own, or such as are hired or lent, and with the same liberty to depart from thence with their goods, merchandize, and all other things whatsoever, either to their own or foreign countries, as they think fit, and without any hindrance; saving nevertheless all the laws and statutes of each place.

III. That the people and inhabitants of this Republic shall be at liberty to buy up all sorts of wares, goods, and merchandize, and the same to use and enjoy in the Kingdoms, Provinces, Territories, and Islands of the King of Portugal, at the first sale, either in parcels, or in whatsoever number and size, when and wheresoever they please, neither shall they be compelled to purchase them either of forestallers or monopolists, nor shall they be circumscribed to a set price: they may also, at discretion, sell, traffic, and freely transport any sort of goods, wares, and merchandize

whatsoever, from the said Kingdoms and Dominions, paying only the Customs and Consul's fees due for the goods exported, as they were paid the 10th of March, O. S. and 20th N. S. in the year 1653, according to the English computation. But as to purchases and sales by the negociation of brokers, the said people of this Republic shall enjoy and use the same liberties, privileges and exemptions as the Portuguese themselves, and they shall be as well used at public sales and contracts, as the natives and countrymen, notwithstanding any former judicial determinations; and all privileges and immunities granted to the English at any time heretofore, by all or any of the Kings of Portugal, shall be confirmed by an Edict, to the end that the people and inhabitants of the said Republic may enjoy them, together with all other privileges and immunities, which now are, or hereafter shall be granted to any Nation, Kingdom, or Republic, in alliance with the said King of Portugal.

IV. That as often as the people and inhabitants of this Republic arrive with their ships, at any of the harbours of the Kingdom of Portugal, the said people and inhabitants shall not be compelled in the least, by the said King's ministers, officers and subjects, to load or put on board their ships any other species or quantities of goods and merchandize, than what they think fit; and while they stay there, only two officers or waiters, at most, shall be placed upon their ships; nor shall there be any fruitless delay in the unlading them. And if the said ships and vessels laden with dry goods, are not unladen within ten days after their entrance into port, and those laden with fish and provisions, within fifteen days, they shall not be obliged to pay any stipend, sum of money, or other reward, to the said officers or waiters, nor shall they pay any thing more than for the said ten and fifteen days respectively.

V. If the subjects of the Most Serene King of Portugal, or others, within the Kingdoms and Government of the said King, or their goods and merchandize, are seized, stopped, and detained by the office of the Court of Inquisition, or the judges or ministers thereof, or by the King's Exchequer, and it so happen that they owe, or shall owe, any money, to any of the people of this Republic, the said debts shall be paid entirely out of the said goods and merchandize, within six months next after the said at

tachment or seizure, without hindrance or molestation from the said Court, or its judges or ministers; but if among the said goods and merchandize so attached and seized, there remain any goods and merchandize of the said people and inhabitants in specie, the same shall immediately be restored to them.

VI. That the captains, masters, officers, and mariners of the ships of this Republic, or of any of its people, shall not sue or in any wise molest the said ships or people of this Republic, within the Kingdoms and Government of the King of Portugal, on account of their stipend or salary, on pretence that they profess the Romish religion; nor shall they, under this or any other pretext, engage in the service of the King of Portugal, or in any other manner separate from the other ships in their company; and if they offend in this point, an account shall be taken of their names and they shall be compelled by the magistrates and officers of the place to return to the ships; and if they cannot be found it shall be lawful for the master of such ship or vessel to detain their clothes, goods, or wages for the repair of damages.

VII. That the Consuls who shall reside hereafter in any part of the Dominions of Portugal, for the assistance and protection of the people of this Republic, shall be nominated and fixed by the said Lord Protector, and when so nominated, shall obtain and exercise the same authority as any Consul of this or any other nation whatsoever, doth now or shall hereafter exercise in the Dominions of the said King, although they do not profess the Romish religion. Also, for judging all causes which shall relate to the people of this Republic, a Judge Conservator shall be deputed, from whom no appeal shall be granted, unless to a Committee of Senators, where the disputes shall be determined within the space of four months, at most, after the appeals.

VIII. That if any of the people of this Republic depart this life within the Kingdoms and Dominions of the Most Serene King of Portugal, the books, accounts, goods, and merchandize of him or them shall not be seized nor possessed by the judges of the orphans and persons absent, or by their ministers or officers, nor shall be liable to their jurisdiction; but the said goods, merchandize, and accounts, shall be delivered up to those English factors or attornies, residing on the spot, who are nominated or deputed by the

deceased: but if the defunct, whilst living, nominated none, then the said goods, merchandize, and accounts shall, by the authority of the Judge Conservator, be delivered to two or more English merchants, who shall be chosen by the majority of the merchants residing in the place, and approved by the English Consul, after having given security by proper bondsmen, who shall be approved by the Consul, for restoring the said goods, merchandize, and accounts, to the lawful owners, or their true creditors. And the goods which shall appear to have been the deceased's, shall be delivered to his heirs, executors, or creditors.

- IX. That neither the King of Portugal, nor any of His Ministers, shall detain, arrest, or attach any merchants, masters of ships, captains, or mariners, or their ships, merchandize or other goods, which belong to this Republic, or any of its people, either for war, or any other use whatsoever, unless the Lord Protector, or those to whom such ships and goods appertain, are first apprized thereof, and give their consent; but that the said ships, men and goods, shall, at their own pleasure, have free liberty to depart from the Harbours and Dominions of the said King, without any hindrance from His said Majesty or any of His Ministers: and that the sale of the merchandize and goods of the people of this Republic shall not be hindered or delayed, under pretence that the King has occasion for them, or for any other reason whatsoever; nor shall they be diverted to the King's use, or to any other uses whatever, without the consent of those concerned.

X. That the people of the Republic of England may freely export in their ships all goods, wares and things, of what kind soever, even arms, provision, or the like, from the Harbours and Dominions of the said Republic, or any other Harbours and Dominions whatever, provided they are not exported immediately from the Harbours and Dominions of Portugal to any Ports and Territories whatsoever of the King of Castile; and that neither the Most Serene King of Portugal, nor His subjects, shall hinder the said ships, goods, or men, by seizures, reprisals, or any other cause whatsoever, from navigating securely to the harbours and territories of the said King of Castile, and from trafficking therein; and that the people of this Republic may freely import arms, corn, fish, and all other sorts of merchandize, into the Kingdoms, Ports,