his endeavours, and to employ all his offices with his confederates, that they may help Sweden with fubfidies, and confequently furnifh the crown of Sweden with the means for keeping the Czar within bounds.'

XVIII. And although the allies fhall be obliged to fend auxiliaries to one another, according to the articlės above, yet that obligation fhall not be so far extended, as that all friendship and mutual correfpondence shall be taken away and prohibited with the enemies of the other confederate for fuppofing that one of the confederates should when required fend his auxiliaries, and not be engaged in the war himself, it fhall then be free for his fubjects and inhabitants to have trade and navigation with the enemies of that ally who is engaged in the war; and it shall be lawful for them to carry any goods whatfoever to them, thofe only excepted which are exprefsly forbid, and commonly called contraband, and declared fuch by the common agreement of all nations.

XIX. Forafmuch as both their royal majefties abovementioned do hereby declare that they are ftill bound by certain conventions and treaties formerly entered into with other powers, and that they are willing to obferve the fame duly, according to the ftipulations of the faid articles, but that nevertheless they are not at this time bound by any articles and clauses therein contained, which may or ought to weaken and obftruct this prefent treaty in any manner, or under any pretence: to the end therefore, that the faith of the confederates, and their perfeverance in this alliance, may appear the more reciprocal, and that the minds of their fubjects and friends may be the more confirmed, both their royal majefties abovementioned do oblige themfelves and declare, that they will fincerely and bona fide, stand to all and every one of the articles of this treaty, and that they will not depart a tittle from the genuine and plain sense of the faid articles, under any pretexts of profit, friendship, former treaty, contract and promife, or for any other colour whatsoever; but that they will give effectual orders that all the things which they have promifed in this treaty, as the flate of affairs fhall require, be fpeedily and fully put in execution by themfelves, or their minifters and fubjects, according as they.

are

are exprefsly ftipulated, and this without any limitation, exception or excufe, thofe excepted which are expreffed in the preceding articles of this treaty.

XX. This defenfive treaty fhall laft 18 years, before the end of which the confederate fovereigns may again treat concerning its farther continuance, if it fhall feem good to both of them.

XXI. Whereas this treaty has been concluded pursuant to powers and orders received on both fides, fo the fame ought to be approved and ratified in due and folemn form, by both their facred royal majefties of Sweden and Great Britain, and the inftruments of their ratification be delivered and exchanged at Stockholm within the space of three months, to be reckoned from the time of this fubfcription, or fooner if poffible.

For the greater evidence and confirmation of all things aforefaid, two copies of this treaty have been made, one of which the aforefaid fenators and fecretary of state of her facred royal majefty and the kingdom of Swe den, have figned and confirmed with their feals, as the other has been by the aforefaid ambaffador extraordi nary and plenipotentiary of his facred royal majefty of Great Britain, who were all particularly impowered for that end, and that on one and the fame day, viz. the 21ft of January 1720.

The treaty between Great Britain and Spain, concluded at Madrid, June 13, N. S. 1721.

IT having pleafed the Divine Providence to difpofe the hearts of the most ferene and potent princes, George, by the Grace of God king of Great Britain, France, and Ireland, &c. and Philip V. by the Grace of God king of Spain, the Indies, &c. to forget all the grounds of diffatisfaction and misunderstanding that have given occafion to interrupt, for fome time, the friendship and good correfpondence which before flourished between them; and their Britannick and Catholick Majefties being now defirous to renew and re-cftablish them by the ftrongeft

ties, have ftipulated and agreed by their under-written ministers plenipotentiary, named for that purpose, the following articles.

I. That, for the future, there fhall be, between his Britannick Majefty his heirs and fucceffors, and his Catholick Majefty his heirs and fucceffors, as alfo between their kingdoms, dominions, fovereignties, fubjects and vaffals, a good, firm and inviolable peace, and a perpetual and fincere friendship, and a general oblivion of every thing that has been done, on both fides, upon occafion of the laft war.

II. The treaties of peace, and commerce, concluded at Utrecht on the 13th of July, and the 9th of December, in the year 1713, wherein are comprehended, the treaty ́made at Madrid in the year 1667, and the cedulas therein mentioned, shall remain confirmed and ratified by the present treaty, except the third, fifth, and eighth ́articles of the faid treaty of commerce, commonly called explanatory; which have been annulled by virtue of another fubfequent treaty, made at Madrid the 14th of the month of December 1715, between the minifters plenipotentiary, named for that purpose, by their Britannick and Catholick Majefties, which treaty remains likewise confirmed and ratified; as alfo the particular contract, commonly called The Affiento, for the importation of negroe flaves into the Spanish Indies, which was made the 26th of March in the faid year 1713, in confequence of the 12th article of the treaty of commerce of Utrecht; and likewise the treaty of declaration, concerning that of the Affiento, made the 26th of May 1716: all which treaties, mentioned in this article, with their declaration, fhall remain in their full force, virtue and vigour, in every thing, wherein they fhall not be contrary to this; and, to the end they may have their entire effect and accomplishment, his Catholick Majefty will caufe his circular orders, cedulas, to be difpatched to his viceroys, governors, and other minifters, to whom it fhall belong, of the ports and towns in America, that the fhips employed for the traffick of negroes by the royal company of Great Britain established at London, may be admitted, with

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out hindrance, to trade freely, and in the fame manner as they did before the laft rupture between the two crowns; and the abovementioned cedulas fhall be delivered as foon as the ratifications of the prefent treaty fhall have been exchanged; and at the fame time his Catholick Majefty will give his orders to the council of the Indies, that the junta, compofed of minifters taken out of that council, and appointed for the cognizance (exclufive of all others) of the causes that refpect the faid Affiento, may again have its course, admit of, and confult upon thofe affairs, according to the rule established at the time of its appointment; and as to what regards the obfervation of the treaties of peace and commerce, circular orders fhall be dispatched to all the governors of Spain, to the end that they may, without any of their interpretations, cause them to be obferved and accomplished; as in like manner fhall be given, on the part of his Britannick Majefty, the orders which fhall be demanded, and judged neceffary for the accomplishment of every thing that has been ftipulated and agreed between the two crowns in the abovementioned treaties of Utrecht; and particularly as to what may not have been put in execution of the points fettled by the eighth, eleventh and fifteenth articles of the treaty of peace, which mention the leaving to the Spaniards the free commerce and navigation to the Weft Indies, and the maintaining the antient limits in America, as they were in the time of King Charles II. the free exercife of the Catholick Religion in the ifland of Minorca, and the cod-fifhing in the feas of Newfoundland; as well as with regard to all the other articles which may not hitherto have been put in execution, on the part of Great Britain.

III. Forafmuch as by the feventh article of the treaty of commerce of Utrecht it was agreed, that all the goods confifcated at the beginning of the former war fhould be reftored, in regard to the confifcation thereof had been made contrary to the tenor of the 36th article of the treaty of 1667, his Catholick Majefty, in like conformity, will order, that all the goods, merchandizes, money, ships and other effects, which have been seized, as well in Spain as in the Indies, by virtue of his orders of the month of September 1718, or of any other fubfequent orders, at the

time before the war was declared between the two crowns, or after it was declared, be speedily restored in their fame kind, as to thofe which shall be still in being; or, if they are not, the just and true value of them, at the time that they were feized; the valuation whereof, if, by omiffion or neglect, it was not then made, fhall be adjufted, according to the authentick informations that the owners fhall produce before the ordinary magiftrates of the towns and places where the faid effects fhall have been feized. And as it is certain, that the orders of his Catholick Majefty (although they directed, that inventories of thofe goods and effects fhould be made and drawn up, and accounts and declarations fhould be kept) have not, however, been executed in that manner in feveral places, it has been agreed, that if the proprietors make it appear, by legal proofs, informations, and other documents, that any of them have been omitted in the faid inventories, his Catholick Majefty will give exprefs orders, that the value of thofe things which fhall have been omitted, be paid by the treasurers or other persons, through whofe neglect fuch omiffions fhall have been made.

IV. It is mutually agreed, that his Britannick Majesty shall give order to his governors, officers, and other minifters, to whom it fhall belong, to cause to be restored all the goods and effects of the fubjects of his Catholick Majefty, which they fhall prove to have been seized and confifcated in the dominions of his Britannick Majefty, upon occafion of the laft war; in the fame manner as it has been fettled in the foregoing article, in favour of the subjects of his Britannick Majefty.

V. It is also agreed, that his Britannick Majefty fhall caufe to be restored to his Catholick Majefty all the fhips of the Spanish fleet, which were taken by that of England, in the naval battle that was fought in the month of Auguft 1718, in the feas of Sicily; with the guns, fails, rigging, and other equipage, in the condition they are at prefent; or elfe the value of those which may have been fold, at the fame price that the purchasers shall have given, according to the proofs and vouchers : and for the execution of this reftitution, his Britannick Majefty fhall caufe the proper orders to be dispatched, immediately,

VOL. I.

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