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 Portugueze merchants should pay, if the goods and merchandize belonged to them.

:

XI. 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 Portugueze sail in company with the Portugueze fleet: and that the said people and inhabitants arriving from any of the harbours and places in Brazil, and the said conquests, at any of 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 abovementioned, 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 Portugueze 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, and traffic by land or sea, on the rivers or fresh waters, in any goods and 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 navigation to Brazil, or the coasts and islands abovementioned, 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.

XII. 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.

XIII. 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.

XIV. 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 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.

XV. 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.

XVI. 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 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

any

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.

XVII. 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 Portugueze, 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.

XVIII. 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, not only with merchant-ships and transports, but also with men of war, guard-ships and convoys, whether they are driven thither by storm, or come in for refitting their ships, or for victualling them; provided they do not exceed the number of six men of war, if they chance to come there of their own accord; nor shall they stay or continue longer in the ports, or upon the coasts, than is necessary for refitting their ships or procuring any necessaries, lest they should give occasion for interrupting the commerce of other nations, which are united by friendship and alliance and if at any time any unusual number of ships should come to such ports by chance, it shall not be lawful for them to enter without a Power. first granted by those in whose jurisdiction the harbours shall be, unless they are driven in against their will, by stress of weather, or other urgent necessity, for avoiding the danger of the sea and shipwreck; in which case they shall immediately notify the reason of their coming thither to the Governor or Chief Magistrate of the place; nor shall they stay there longer than they are allowed by such Governor of