the like confequences, and to favour, augment, and facilitate, in all that depends upon him, the commerce, in as ample a manner, as her Britannic Majefty defires, hath confented, on his part, to fupprefs and make void the different duties payable upon importation and exportation, contained in the ancient books of rates, as also those that have been impofed fince, under any name or pretence whatsoever, and content himself with one only duty to be paid on importation of all goods and merchandize, after the rate of 10 per cent. of their value; and the like duty upon all goods and merchandize, which fhall be exported out of his dominions, whether the valuation made by weight, measure, piece, or ad valorem; and the fame duty fhall be collected in all the ports of entry in Spain, comprehending thofe of Arragon, Valencia, and Catalonia, excepting out of this general rule, Biscaya and Guipufcoa, whofe duties of importation and exportation are to remain as they were in the time of Charles II. And that the faid 10 per cent. being once paid, the farmers or officers of the custom-houses where thofe goods fhall be entered, fhall be obliged to mark the fame with the proper feals and marks of their office, and alfo give the requifite difpatches; by virtue of which, the proprietors of the goods may freely tranfport them to all the other parts of Spain where they pleafe, without being liable to pay any other duty, impofition, or charges, to the ufe or benefit of his Catholic Majefty, in any ports or parts of Spain whatsoever, in respect of tranfporting the faid merchandize, over and above what they have paid, in purfuance of this new arancel, provided the receipts and marks are produced; in default of which, they fhall be efteemed to be fraudulently tranfported. But it is to be understood, that this is not to extend to the Alcavalas, Cientos, and Millones, in relation to which, provifion is made in the fifth and eighth articles of this treaty.

And forafmuch as the Ambaffador of England hath represented, that to avoid all differences and difputes for the future, it is abfolutely neceffary to establish a certain valuation or rate of the feveral forts of merchandize, by which the faid duty of 10 per cent. fhall always be paid, and not altered, either by means of the augmentation or diminution

K 4

diminution of the price of the faid merchandize, which may hereafter happen in the commerce, in any time, or in any part of the kingdom; it is agreed by their Catholic and Britannic Majeflies, by their Ambaffadors, that in the term of three months, from the ratification of this treaty, or fconer, if poffible, commiffaries named and authorifed by both their Majefties in due form, fhall meet at Madrid, or in Cadiz, who, without lofs of time, fhall proceed to the forming a new book of rates, in fuch a manner, as to fix and limit what fhall be paid for the future, on all forts of merchandize, as well upon importation as exportation; and fo as that all the different duties which were payable, either before or in the time of Charles II. or fince, under whatfoever name or pretence, or collected in different custom-houses or offices, fhall be comprehended in this only duty; payable in one fum, whether upon importation or exportation, in all the ports of Spain, and fhall extend to the kingdoms of Arragon, Valencia, and principality of Catalonia, and their dependencies, excepting only the provinces of Guipufcoa and Bifcaya, of which mention has been already made. And whereas great inftances have been made by the Ambaffador of Great Britain, that directions be given to the faid commiffaries, that they take care, and above all do obferve, as a fixed rule, that this duty be laid equally and generally in the ports and cuftomhoufes of Spain, upon the importation and exportation of all goods and merchandize, after the rate of 10 per cent. of the value which fuch goods and merchandize bear in the courfe of trade, between the merchants of Cadiz and port St. Mary's, to which the Ambassadors of Spain have confented; always provided, that the goods and commodities which fhall be imported into the kingdom of Spain, by the ports of Bifcaya and Guipufcoa, and afterwards tranfported into the other provinces depending on the kingdoms of Caftile and Arragon, fhall be obliged to pay at the firft cuftom-houfe of entry into the faid kingdoms, the duties which fhall be eftablifhed in this new book of rates.

V. To prevent the abufes that may be committed in collecting the duties called Alcavalas & Cientos, his Catholic Majefty confents, that the fubjects of her Britannic Majefty fhall not be obliged to pay these duties, during

.fuch

fuch time as they think fit to let their merchandize remain in the magazines of the custom-houses appointed for that purpose, but when they fhall think fit to take out the faid goods, either to be tranfported farther into the country, fell them in the fame place, or carry them to their own houfes, it fhall be permitted them fo to do, upon giving his bond, with fufficient fecurity, to pay the faid duties of Alcavalas & Cientos, for the first fale, in two months after the date of his bond, upon which he fhall have receipts given him for the said goods, and the goods shall be marked with the proper mark and feal of the farmers of the faid Alcavalas and Cientos, where fuch bond and security shall be given for the first sale, after which the said merchandize may be transported, and fold by wholefale, in any port or place belonging to the King of Spain in Europe; and that no obftruction or hindrance fhall be made upon account of the faid duties, nor the proprietor liable to pay a fecond time in refpect of the firft fale, provided those who carry the faid merchandizes produce the receipts and marks of the farmer, or proper officer, concerned in the collection of these duties, or making fufficient proof of their not being fold before. But if, on the contrary, any merchant do fell his goods by retal, he fhall be obliged to pay the faid duties of Alcavalas and Cientos a fecond time, under the pains establ shed by the laws. And his Catholic Majesty declares, that if any officer of the Alcavalas and Cientos fhall exact a fecond time the faid duties on the fame merchandize, when the faid receipts and marks have been produced, or should obftruct their paffage, or tranfportation, or occafion the leaft impediment, fuch officer fhall be fined 2000 crowns, to the benefit of his Majefty's revenues. And the officers of the cuftom-houfes fhall not demand, or take, for making fuch receipts or certificates, more than 15 reals vellon, unless it be otherwife fettled in the new book of rates.

VIII. His Catholic Majefty confents, that the duties commonly called Millones, which are payable upon fish, and other forts of domeftic provifions, fhall not be demanded in the first ports or cuftom-houses of entry in Spain, during fuch time as the proprietors will let them remain in the warehouses appointed for that purpose. But in

cafe

cafe the owner fhall defire to take them out, either to send into the country, fell them on the place, or carry them to their own houfes, they are then to give bond, with good fecurity, to pay the faid duty of Millones in two months after date of the faid bond, upon which the neceffary difpatches are to be given them. And the faid merchand ze fhall be marked with the feals or marks of the farmers of the Millones where the faid duties were fecured, after which the said goods may be tranfported to, and fold in the places where they are to be confuined, without paying any new duties of Millones. His Majefty alfo declares, that if after the receipts are produced, any officer belonging to the farmers of the Millones, should exact a second time the fame duties on the fame goods, or fhould oppose their paffage, tranfport or fale, or occafion the leaft impediment, the faid officer fhall be fined 2000 crowns, for the benefit of his Majefty's revenue,

THEREFORE, by virtue of thefe prefents, we do approve and ratify the treaty above written, as likewife the three articles, viz. the third, fifth, and eighth, as they are fet forth in this inftrument of ratification, and are to be taken as part of the faid treaty, and to have the fame force and effect, as if they had been inferted therein: promifing and engaging our royal word, that we will faithfully and religiously perform and obferve, all and fingular the things agreed upon in this treaty, and that we will not fuffer the fame to be violated by any one, as far as lies in our power. For the greater teftimony and validity whereof, we have caufed our great feal to be affixed to thefe prefents, which we figned with our royal hand. Given at our castle of Windfor, the 7th day of February, 1714, in the twelfth year of our reign.

A

NNE, by the grace of God, Queen of Great Britain, France, and Ireland, defender of the faith, &c. to all and fingular to whom these prefents fhall come, greet ing. Whereas the right reverend father in God, our right trufty and well-beloved counsellor, John, bishop of Bristol, our ambaffador extraordinary and plenipotentiary,

dean

dean of Windfor, and register of our most noble order of the garter, did on our part, together with the plenipotentiaries of the most ferene Catholic King, conclude and fignat Utrecht, on the 23 day of November 1713, a treaty of com

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9

December

merce between the crowns of Great Britain and Spain; and, at the fame time, a feparate article was concluded, made between the faid plenipotentiaries, who were feverally furnished with fufficient authorities, and is as follows:

BY

SEPARATE ARTICLE.

Y the present separate article, which shall be altogether of the fame validity and force, as if it was inferted word for word in the treaty of commerce this day concluded, between their royal Majefties of Great Britain and Spain, and shall for that end be ratified, as well as the faid treaty; his Catholic Majefty confents, that it fhall at all times hereafter be lawful for the British fubjects, who fhall live in the Canary Islands, for the fake of their trade, to nominate fome one person, being a subject of Spain, who fhall execute the office of judge confervator there, and fhall at the first inftance take cognizance of all caufes relating to the commerce of the British fubjects; and his royal Majefty promises, that he will grant commiffions to fuch judge confervator fo named, together with the same authority, and all the privileges which the judges confervators have formerly enjoyed in Andalufia. And if the British subjects fhall defire to have more judges of that fort there, or to change those that are appointed every three years, it shall be allowed and granted them. His Catholic Majefty confents likewife, that appeals from the fentences of the faid judge confervator, fhall be brought before the tribunal at the council of war at Madrid, and no where else.

In witness whereof, we the underwritten Ambaffadors Extraordinary, and Plenipotentiaries of her facred Majesty of Great Britain, and of his facred Catholic Majefty,

have