Vol. I. Ch. II. 2. 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, whether 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. 3. 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 ediet, 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. any 4. 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 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. 5. 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 attachment 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. 6. 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. 7. 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. 8. 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. 9. That neither the King of Portugal, nor any of His Ministers, shall detain, arrest, or detach 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 Vol. I. Ch. II. PORTUGAL. Vol. I, Ch. II. 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. 10. 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, and Territories of the King of Portugal, and the same sell at pleasure, either in parcels or in bulk, to whatsoever chapman, and for whatever price they can get; and shall not be prohibited, circumscribed, or restrained by His said Royal Majesty or His Ministers, Governors, Farmers of the Customs, or Monopolists, or by any chamber or jurisdiction whatsoever, of any Court, public or private: and that the goods or merchandize, after paying the customs or imposts in such of His Majesty's harbours, wheresoever they are, shall be freely transported into any other ports or places whatsoever of His said Majesty, without paying any other or farther custom, duty, or sum of money, besides what the Portuguese merchants should pay, if the goods and merchandize belonged to them. of 11. That the people and inhabitants of the Republic of England shall trade and traffic freely and safely from Portugal to Brazil, and the other conquests of the said King in the West Indies, and from Brazil and the said conquests to Portugal, in all sorts of goods and merchandize whatsoever, (except meal, fish, wine, oil, and Brazil-wood, which are prohibited by the King in pursuance of a contract with the Brazil company,) paying the dues and customs which others pay, who trade into those countries, and provided that the English ships hired by the Portuguese sail in company with the Portuguese fleet and that the said people and inhabitants arriving from any of the harbours and places in Brazil, and the said conquests, at any the Dominions of the said King whatsoever, shall not be compelled to unlade their ships, or to export any goods belonging to the English; but the Officers of the Customs shall cause the goods, while they are a-board the ships, to be weighed, to the end that the customs and dues may be paid for them; and that no heavier duty or impost, nor greater sum of money, or expense, shall be demanded or paid to the King's officers, than if the goods were exposed a-shore; nor shall there be any delay in dispatching and dismissing the said ships. And after they are arrived at any other dominions of the said King whatsoever, having paid the customs and duties above mentioned, they shall freely proceed to any other harbour or place whatsoever; and the goods put on board the English ships, either by the subjects of the said King, or by others, to be transported to any part whatsoever of the Dominions of the said King, shall by no means pay greater customs, or any different duties, than if they were put on board Portuguese ships. And likewise, that the people and inhabitants of the Republic of England shall have the liberty of navigating to the colonies, islands, countries, harbours, districts, towns, villages and staples, belonging to the King of Portugal, in the East Indies, Guinea, Binney, the Island of St. Thomas, and elsewhere, on the coasts and shores; and there to reside, negociate, PORTUGAL. and traffic by land or sea, on the rivers or fresh waters, in any goods and Vol. I. Ch. II. merchandize whatsoever,; and to transport all kind of merchandize, to any place or country, with the same freedom as formerly, and the same that was ever granted by any Treaty heretofore, or shall hereafter be granted to the inhabitants of any other nation, in alliance and friendship with that Crown. But as to the Customs and duties to be paid in those countries, they shall not pay more or greater than those which are paid by any person or persons trading in any of the said places or countries, And also, that the King of Portugal, or His subjects, as well the Brazil Company as all others, as often as they have need of foreign ships for trade and naviga tion to Brazil, or the coasts and islands above mentioned, or elsewhere, shall hire the ships of this Republic and its subjects at the usual and ordinary rates, and no other ships of any Prince or Republic, provided that the number of the English ships be sufficient for their purposes; excepting that the Brazil Company, as is set forth in the charter of their liberties, granted to them by the King's Letters Patent, may hire of what nation soever they please, two ships to be fitted out as convoys, and four others to be sent with fish to Brazil; and that as well the Brazil Company as all other the subjects of the said King, who follow merchandize, shall freely without any licence, general or special, first obtained, hire as many English ships as they please, and sail therein to Brazil, and the other conquests of the said King in the West Indies; and that whatever stipend shall be agreed on for lading and stay, the same shall run on and be placed to the reckoning, till the whole is paid, though it exceed what was bargained for the time. 12. That whereas the Most Serene King of Portugal, by His Rescript sealed with His seal, and dated at Lisbon, the 21st day of January, in the year of our Lord 1641, granted to the inhabitants of the lands under the Dominion of the States of Holland, free liberty of importing and exporting all sorts of merchandize from His Kingdoms, Dominions, and Territories, the people of the Republic of England shall use and enjoy the same liberty in the Kingdoms and Dominions of the King of Portugal. 13. That no Alcaid, as he is commonly called, nor other Officer of the King's Majesty, shall arrest or impeach any of the people of this Republic, of what rank or condition soever, except in a criminal Cause, where he is apprehended in the fact, unless he be first empowered in writing by the Judge Conservator; and that the people aforesaid, in other respects, as to their bodies, dwellings, books of accounts, interests, merchandize, and goods, shall enjoy equal and the same immunity within the Dominions of the Most Serene King of Portugal, from imprisonment, arrests, and other molestations whatsoever, as is, or hereafter shall be granted to any other Prince and people whatsoever, in alliance with the King of Portugal: nor shall they be hindered by any safe conduct or protection, to be granted by His authority to the subjects of the said King, or others frequenting His dominions, from recovering their debts; but they shall have a right to sue every man to justice for the recovery of any just debt, whatever be his protection or passport, be he a farmer of the revenue, or any other privileged person, by whatsoever Charter secured. 14. And forasmuch as the rights of commerce and peace would be null and void, if the people of the Republic of England should be disturbed for conscience sake, while they pass to and from the Kingdoms and Dominions of the said King of Portugal, or reside there for the sake of exchanging their wares that Commerce may therefore be free and secure, both by land and sea, the said King of Portugal shall effectually take care and provide that they be not molested by any person, court or tribunal, for any English bibles Vol. I. Ch. II. or other books which they may have in their custody, or make use of: and that it shall be free for the people of this Republic to observe and profess their own religion in private houses, together with their families, within any of the Dominions of the said King of Portugal whatsoever; and the same to exercise on board their ships and vessels, as they shall think fit, without any trouble or hindrance; and finally, that a place be allotted them fit for the burial of their dead. Provided nevertheless, that the English do not exceed what is written in this Article. 15. If it shall happen hereafter that any controversies and doubts arise between the said nations, which may endanger the interruption of commerce between them, public notice shall be given to the people and subjects of both Parties, through all the Kingdoms and Provinces of both; and the space of two years, after such notice, allowed for transporting their persons, goods, ships, wares, and substance whatsoever, without any molestation, impediment or damage offered, in the mean time, to their persons or goods : and it shall be lawful for the said people and subjects, on both sides, to whom any debts were owing at the time of such public notice, legally to demand the same within the said two years, in the places and dominions where they are owing, and afterwards justice shall be done them speedily and effectually, so that such creditors may be able to obtain their own within the time prescribed. 16. If it shall happen, that while this Treaty, friendship and intercourse are subsisting, any thing be committed or attempted by any of the people or inhabitants of either of the said Parties, contrary to this Treaty, or any part thereof, by land or sea, on the rivers and fresh waters, the said friendship and intercourse betwixt these nations shall not therefore be interrupted nor infringed, but shall, nevertheless, remain entire and in full force, and those only who violate the said Treaty shall be punished, and none else; and justice shall be done, and satisfaction given to all those concerned, by all those who, by land, sea, rivers, or fresh waters, shall act any thing contrary to this Treaty, in any part of Europe, or elsewhere, within the Straits of Gibraltar, either in America, or along the Coasts of Africa, or in any of the lands, islands, seas, arms of the sea, bays, rivers, or in any places on this side of the Cape of Good Hope, within the space of a year after justice shall be demanded; and in all places as above, beyond the said Cape, within eighteen months after justice be required, in the manner above-mentioned. And if the violators of the Treaty do not appear, nor surrender themselves to trial, nor give satisfaction within this or the other space of time now limited, according to the distance of the place, they shall be deemed as the enemies of both Parties, and their goods, substance, and revenues whatsoever, shall be set to public auction, and sold to make full and just satisfaction for those injuries which they have suffered from them; and the offenders, when they happen to be in the power of either Party, shall be liable to those punishments which their respective crimes deserve. 17. If any controversy should arise between the said King's inspectors, officers, or ministers, and the said merchants, concerning the goodness of the fish, or any other sort of provisions whatsoever, which shall be brought to any of the said King's Dominions, the same shall be decided by the arbitration of good men, provided they be not Portuguese, who shall be fairly chosen by the magistrate of the place, and the Consul of the English nation; and shall so determine the matter, that no detriment happen to the owner in the mean time, while the matter is in dispute. 19. It shall be lawful for the people or subjects of either Party to enter the ports of the other, there to reside, and thence to depart with equal liberty, |