companies of Portugal, and France, not being contrary to the contents of this contract, fhall be understood and declared to be in its favour, as if they were herein literally inferted; and that all the orders that have at any time been dispatched in favour of those fore-mentioned Affientifts, fhall be granted to thefe, whenever they fhall ask them, without any doubt or difficulty.

XL. That in cafe of a declaration of war (which God forbid) of the crown of Great Britain against that of Spain, or of Spain against Great Britain, this Affiento is to be fufpended; however the Affientifts are to be fuffered to remove with all fecurity, (during the fpace of one year and an half, from the time of the declaration of fuch rupture) all their effects, and to bring them home freely in fuch of their fhips as fhall then happen to be in the ports of the Indies, or in those belonging to the Spaniards, with this condition, that if they fhould bring them to the ports of Spain, they may freely carry them away again, as if the Affiento was yet in force, it being firft made to appear, that they are the produce of the negroe trade; and it is farther declared, That if it should happen that the crowns of Spain and England, or either of them, jointly or feparately, fhall enter upon a war with other nations, in fuch cafe the fhips employed in this Affiento are to have paffes and carry flags with different arms from what are ufually borne by the English or Spaniards, fuch as his Catholick Majefty fhall please to make choice of, the like to which are not to be granted to any other veffels than those belonging to this trade, which fhall protect them from being molefted or affaulted by the fhips of fuch nations as fhall be, or declare themselves enemies to the two crowns; in order to the fecuring of which, her Britannick Majefly will take upon her to folicit and obtain that in the enfuing general-treaty of peace, an exprefs article may be inferted, that all the princes may take notice of it, and may be obliged to command their fubjects to govern themselves accordingly, and to obferve the fame exactly and punctually.

XLI. That all the contents of this prefent contract, and the conditions therein inferted, as likewife all that fhall be annexed thereunto, or depending thereon, fhall

be

A

be fulfilled, and fincerely and punctually executed, fo as it may not be obftructed by any pretence, caufe, or motive whatsoever; for which purpose his majefty is to dif penfe, (as he does hereby difpenfe) with all laws, ordinances, proclamations, privileges, establishments, ufages and cuftoms, contrary hereunto, wherever the fame may be fubfifting in any of the ports, places, and provinces of America, belonging to his majefty, for the term of thirty years, during which this Affiento is to continue, and the three years farther, which are allowed to the Affientists, for the getting in their effects, and balancing their accounts, as has been already mentioned; which laws, &c. are, however, to continue in all their force and vigour, in all other cafes that do not relate to this contract, and in all time coming, after the expiration of the thirty three years thereof.

XLII. And finally, his majefty grants to the faid Affientists, their agents, factors, minifters, officers civil and military, as well at fea as at land, all the favours, freedoms, privileges and exemptions, that have ever been granted to any former Affientists, without any restriction or limitation, fo far as they are not contrary to what is agreed and expreffed in the foregoing articles; which the Affientists do likewife oblige themselves to accomplish and execute entirely and punctually.

ADDITIONAL ARTICLE.

BEfides the foregoing articles ftipulated on behalf of the English company, his Catholick Majefty, confidering the loffes which former Affientists have fuftained, and upon this exprefs condition, that the faid company fhall not carry on, nor attempt any unlawful trade, directly nor indirectly, under any pretence whatsoever; and to manifeft to her Britannick majesty, how much he defires to pleasure her, and to confirm more and more a ftrict and good correfpondence, has been pleased, by his royal decree of the 12th of March, in this prefent year, to allow to the company of this Affiento, a fhip of five hundred tons yearly, during the thirty years of its continuance, to trade therewith to the Indies, in which his Catholick Majefly is to partake a fourth part of the gain, as in the Af

fiento;

fiento; befides which fourth, his Catholick Majefty is to receive five per cent. out of the neat gain of the other three parts which belong to England, upon this exprefs condition, that they may not fell the goods and merchandizes, which each of those fhips fhall carry, but only at the time of the fair; and if any of these ships fhall arrive in the Indies, before the flotas and galeons, the factors of the Affiento fhall be obliged to land the goods and merchandize (with which they fhall be laden) and put them into warehouses that fhall be locked with two keys, one of which to remain with the royal officers, and the other with the factors of the company, to the end the faid goods and merchandize may be fold during the continuance of the faid fair only; and they are to be free of all duties in the Indies.

CONCLUSION.

And whereas my will and pleasure is, that all that is contained in each of the articles and conditions (expressed in the above draught herein inserted) and that which is the laft of all (being added thereto of my own free will) fhould have its full effect, I do by these presents approve and ratify the fame, and command that it be observed, fulfilled and executed, literally, in the whole and throughout, according to the contents of it, and of every article thereof, and what is therein declared, and that nothing be done or acted, or be any ways fuffered to be done or acted, contrary to the tenor and form thereof, difpenfing (as I do for this time difpenfe) with all laws and prohibitions that may be contrary thereunto; and I promise and affure, upon my faith and royal word, that provided the company of England perform this contract on their part, fo far as concerns them, and as they are obliged, I will perform it on my part in witness whereof I have granted to the lord Lexington, her majefty of Great Britain's minifter in this court, the present writing and acceptance of this contract, correfponding with its entire performance and validity; which, in pursuance of my royal command, has been made out by the regifter's office of the chamber of my council of the Indies, the 26th day of this present month and year; and I will, that for the execution of all that is mentioned in this Affiento, all the cedulas, dispatches and

orders,

orders, required for the entire effe&t and fulfilling thereof, be iffued in their proper time: and the comptrollers of accounts, who attend my faid council, are to take notice of these presents. Given at Madrid the twenty fixth day of March, one thousand seven hundred and thirteen.

By the command of our lord the king,

I THE KING.

Don Bernardo Tinaguero de la Efcalera.

Your majesty does hereby approve and ratify the Affiento adjusted with the company of England, for the importation of Negro Slaves into the Indies, for the term of thirty years, in the manner mentioned in the articles aboveinferted.

Treaty of peace and friendship between the most ferene and moft potent princess Anne, by the grace of God, Queen of Great Britain, France, and Ireland, and the most ferene and most potent prince Lewis XIV. the Moft Chriftian King, concluded at Utrecht the day of March 1713.

I.

3 I

April

Reprinted from the copy published by the Queen's fpecial command.

•THA HAT there be an universal perpetual peace, and a true and fincere friendship, between the most ferene and most potent princefs Anne, queen of Great Britain, and the most ferene and moft potent prince Lewis XIV. the moft Chriftian King, and their heirs and fucceffors, as alfo the kingdoms, states, and fubjects of both, as well without as within Europe; and that the fame be so fincerely and inviolably preferved and cultivated, that the one do promote the intereft, honour, and advantage of the other, and that a faithful neighbourhood on all fides, and a fecure cultivating of peace and friendship, do daily flourish again and encrease.

II. That all enmities, hoftilities, difcords, and wars, between the faid queen of Great Britain, and the said most Chriftian King, and their fubjects, do ceafe and be abolifhed, fo that on both fides they do wholly refrain and defift from all plundering, depredation, harm-doing, inju

ries, and annoyance whatsoever, as well by land, as by fea and fresh water, in all parts of the world, and chiefly through all tracts, dominions, and places, of what kind foever, of the kingdoms, countries, and territories of either fide.

III. All offences, injuries, harms, and damages, which the aforefaid queen of Great Britain, and her fubjects, or the aforefaid moft Chriftian King, and his fubjects, have fuffered the one from the other, during this war, shall be buried in oblivion, fo that neither on account, or under pretence thereof, or of any other thing, fhall either hereafter, or the fubjects of either, do, or give, caufe, or fuffer to be done or given to the other, any hoftility, enmity, molestation, or hindrance, by themselves or by others, fecretly or openly, directly or indirectly, under colour of right, or by way of fact.

IV. Furthermore, for adding a greater ftrength to the peace which is reftored, and to the faithful friendship which is never to be violated, and for cutting off all occafions of diftruft, which might at any time arise from the established right and order of the hereditary fucceffion to the crown of Great Britain, and the limitation thereof by the laws of Great Britain, (made and enacted in the reigns of the late king William III. of glorious memory, and of the prefent queen) to the iffue of the a bovefaid queen, and in default thereof, to the most serene princess Sophia, dowager of Brunswick-Hanover, and her heirs, in the proteftant line of Hanover. That therefore the faid fucceffion may remain fafe and secure, the most Chriftian King fincerely and folemnly acknowledges the abovefaid limitation of the fucceffion to the kingdom of Great Britain, and on the faith and word of a king, on the pledge of his own and his fucceffors honour, he does declare and engage, that he accepts and approves the fame, and that his heirs and fucceffors do and fhall accept and approve the fame for ever. And under the fame obligation of the word and honour of a king, the most Christian King promifes, that no one befides the queen herself, and her fucceffors, according to the feries of the faid limitation, fhall ever by him, or by his heirs or fucceffors, be acknowledged, or reputed to be king or queen of Great Britain.