TREATY of Commerce becween his Imperial and Catholick Majefty Charles VI. and his Royal Catholick Majefty Philip V. concluded at Vienna, May 1. 1725.

In the Name of the most Holy and Undivided Trinity. Amen.

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HEREAS it hath come to pafs by the Will of Almighty God, who rules the Hearts of Princes, that the Peace which was renewed and firmly established between the most ferene and most potent Prince and Lord Charles VI. Emperor of the Romans, always August, King of Germany, Spain, both Sicilies, Hungary, Bohemia, Dalmatia, Croatia and Sclavonia, Arch-duke of Auftria, Duke of Burgundy, Brabant, Milan, Mantua, Styria, Carinthia, Carniola, Limbourg, Luxembourg, Gelderland, Upper and Lower Silefia and Wirtemberg, Prince of Swabia, Marquis of the Holy Roman Empire, of Burgaw, Moravia, Upper and Lower Lufatia, Count of Habfpurg, Flanders, Tyrol, Ferrete, Kyburg, Goritia and Namur, Landgrave of Alfatia, Lord of the Mark of Sclavonia, Port Nao and Salines, &c. &c. And the moft ferene and most potent Prince and Lord, Philip V. King of Caftile, Leon, Arragon, both Sicilies, Jerufalem, Navarre, Granada, Toledo, Valencia, Galicia, Majorca, Seville, Sardinia, Corduba, Corfica, Murcia, Jaen, the Algarves, Algezira, Gibraltar, the Canary Ilands, the East and West Indies, the Islands and Terra firma of the Ocean, Arch-duke of Auftria, Duke of Burgundy, Brabant, and Milan, Count of Habfpurg, Flanders, Tyrol and Barcelona, Lord of Bifcay and Molina, &c. &c. and their Kingdoms, States, Principalities and Dominions, fhould be thought proper to be more fully and strongly confirm'd on certain Conditions, by a particular Treaty of Navigation and Commerce, whereby all Controverfies which might arife out of fuch a Treaty being prevented, and now. before-hand, as it were, adjufted, the mutual Advantage and Good of the Kingdoms, States and Subjects of both the contracting Princes, might with more Certainty be provided for: Therefore We, the underwritten Ministers, Ambaffadors Plenipotentiary of the faid moft ferene Characters, having been furnished with full Power for that Purpose; and having conferred together concerning the faid Navigation or free Commerce, our full Powers having been firft exchanged, have agreed upon the Articles following.

Article

Article I. Brial Catholick Majefty, and his Royal Catholick

Y Virtue of the Peace established between his Impe

Majefty, it shall be lawful for all the Subjects on either Side, of whatever State, Quality or Condition they be, to go into, travel, and stay in any of each others Kingdoms, Provinces and Dominions, with all manner of Liberty and Security, without ftanding in need of any peculiar Letters-Patent, Safe-Conduct, or other fpecial Licenfe; the Publication of the Peace being alone fufficient for that Purpofe, and fupplying the Place of fuch like Requifites; and they fhall reciprocally enjoy by Land and by Sea, the fame publick Protection, as well with regard to their Perfons as to their Affairs, as their feveral natural Subjects do enjoy, in and by all things, without Fear or Danger of any manner of Prejudice or Damage, as it is agreed by this prefent Treaty.

II. There shall be from this Time full Liberty allow'd, as well to Ships of War, as to Ships of Burthen or Merchant Ships belonging to the abovefaid Contractors, or to their Subjects, mutually to frequent the Harbours, Coafts, Bays and Provinces of each other, without asking any previous Permiffion; and they shall be freely and amicably admitted into the fame, and all things fhall be furnished at a reasonable Price, which they may want either for their neceffary Provifions, or for the Repair of their Ships, or for any other Ufes; to the end they may be able to put to Sea again with Safety, and no Duties or Impofitions of any kind fhall be exacted from the faid Ships, under any Name or Title whatsoever; which fame Provifo is alfo to take place in the Eaft Indies, on condition that they do not carry on any Trade there, nor be fuffer'd to buy any thing befides Victuals, and fuch Materials as they want for the repairing and fitting out of their Ships.

III. As to Ships of War, fince they may more eafily give Room for dangerous Sufpicions, they fhall not be allow'd to enter into the Ports or Harbours that are unfortified, unless they fhall happen to be forced to fly thither to escape a Storm at Sea, or the Attempts of their Enemies; however, as foon as the Danger from an Enemy is over, and the Storm is ceas'd, they fhall retire from thence without any further Delay, after having provided themfelves with Neceffaries; neither fhall they fend on fhore, from the Ship, more Seamen at one time than the Magiftrate or Governor of the Place fhall give them leave to do, and they shall fo behave them

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themselves in all refpects, as that all juft Fear,or finifter Sufpicion may be removed; which is more particularly to be obferv'd in the East Indies, where there is ufually more Diftruft than in any other Places.

IV. What is aforefaid notwithstanding, the Men of War or Convoy-Ships, fhall be allowed to bring into and carry out of the faid Ports, with full Security, the Prizes they have taken from their Enemies, without paying any Duties or Cuftom; unless perhaps they may ask and obtain leave to fell them, or fome Part of them in that Place; in which Cafe they fhall pay the fame Duties that are herein after agreed upon, with regard to Merchandizes. V. All Ships for Freight, or Merchant Ships, of whatever Burthen they may be, which fhall put into any Port by reafon of a Storm, or the Pursuit of an Enemy, or for any other Caufe, fhall produce Paffes and Bills of Lading, made out according to the Form herein after inferted, to the chief Magiftrate of the Place; which being done, it fhall be free to them to go out and depart from thence without any Trouble or Disturbance, nor fhall they by any means be compelled to unlade their Merchandizes, nor to fuffer them to be fearched.

VI. Except, nevertheless, that any one of the faid Ships should be bound for an Enemy's Port, and should by the Bills of Lading appear to carry prohibited Goods; in which Cafe fuch Ship is to be fubject to fearching; which, neverthclefs, fhall not be done. but in the Prefence of the National Judge Confervator, if any fuch there be, and of the Conful; and with fuch Care and Caution, as that the Merchandizes may not be scatter'd about, or any ways damnified, or their Package be fpoiled. Nevertheless, the prohibited Goods found in fuch Ship, fhall be condemned in due Form of Law, as forfeited to the Prince's Treafury; faving the Ship herself, with the reft of her Cargo; neither fhall any pecuniary Mulet, or any Charges, be exacted from the Mafter of fuch Ship, for or on pretence of fuch Search or Profecution.

VII. And to the end all Difputes that might arise about the Term prohibited Goods, commonly called Contraband, may be taken away, it hath been judg'd expedient to declare, That under that Appellation are comprehended all Species of every kind of Goods wrought up, or not wrought up, ferving to the Business of War; fuch as are all forts of Arms, Offenfive or Defenfive, particularly Cannon, Mortars, Falconets, Patereroes, Fireworks or Sauciffes, Shells and Hand-Grenados, Bullets, Molds for Bul

lets,

lets, Muskets, Pistols, Swords, Daggers, Headpieces, Cuiraffes, Belts, Gunpowder, Salt-petre, Planks, and Timber for building or refitting Ships, Sails, Pitch and Cordage, which fhall all be forfeitable; but this is to be understood only in that Cafe, where they fhall appear by the Bills of Lading to be produced to the Officers, to be defigned for the Succour of Enemies, or to be bound to an Enemy's Port. Under the Name of prohibited Goods are also comprehended all Merchandizes of what Country foever, the Exportation whereof is forbidden by the Laws of that Country; except Wheat and other Bread-Corn, Wine, Oil, Fruits, and all other Eatables, Copper, Iron and Steel; likewife, whatever may ferve for the Habits of both Sexes, even ready-made Cloaths, p ovided they be not defigned for cloathing whole Regiments or Companies.

VIII. If one of the Emperor's Men of War meets in the high Seas a Merchant Ship belonging to the Subjects of the King of Spain, or vice verfa; then the Man of War fhall not approach the Merchant Ship nearer than Reach of Cannon Shot, but fhall fend out the Boat with only two or three Men, to whom the Mafter of the Merchant Ship is to produce his Bills of Lading, whereby it may be understood from what Place fhe came, to whom fhe belongs, and with what Goods fhe is laden; and in cafe fhe be found to carry among others, any prohibited Goods defigned for the Enemy of the Prince to whom the Man of War belongs; in that cafe, and not otherwife, fuch Goods are to be condemned and confifcated; but the Ship, Men, and other Goods fhall remain fafe; and Credit fhall be given to the Bills of Lading produced by the Mafter of the Ship; and when it shall be found neceffary, a mutual Agreement fhall be made concerning a certain Mark to be affixed upon all fuch Bills of Lading, to give them the better Credit.

IX. It is farther agreed, That the Liberty of Navigation and Commerce on both Sides fhall be fo full and unmolefted, that altho' either of the most ferene contracting Parties should happen to be at War with one or more Princes or States, the Subjects of the other most ferene contracting Party may nevertheless continue their Navigation and Commerce, with all kind of Security, in the fame manner as before the War was begun, whether that be done directly, or from one hoftile Port to another hoftile Port, and that as well in going as returning, without any manner of Trouble,

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ble, Disturbance, or Hindrance; except, nevertheless, when the Port to which they are bound is actually befieged, or befet and block'd up toward the Sea; and for removing all manner of Doubt, as to what may be understood hereby, it is declar'd, That no SeaPort ought to be deem'd to be actually befieged, unless it be fo Thut up by two Ships of War at the leaft in the Sea, or by one Battery of Cannon at the least on the Shore, as that its Entrance cannot be attempted without being expofed to Cannot-shot.

X. It is farther ftipulated and agreed, That all Merchandizes of any kind whatever belonging to the Subjects of either of the moft ferene Contractors, if found in an Enemy's Bottom, fhall be confifcated, together with the Ship, tho' the faid Merchandizes be not of the Sorts that are prohibited.

XI. The Subjects of the abovefaid moft ferene Contractors Thall mutually enjoy, in their respective Dominions, the fame Immunities, as to Tolls and Customs, as they peaceably were in Poffeffion of in the Time of King Charles II. But that is to be understood in the Senfe hereunder more fully explained in the 13th Article.

XII. Every Ship belonging to his Imperial Majefty, and coming into any Spanish Port on the account of Trade, fhall be obliged to exhibit two Declarations of the Goods which are intended to be landed and fold there, one to the Farmer of the Customs, or to the Collector of the Duties, and the other to the Judge of Goods liable to Confifcation; and the Hatches fhall not be opened before Leave be given for that Purpose, and the Officers fent from the Custom-house fhall be come on Board; nor fhall any of the Goods be at any time unladen, without License first obtained in writing to carry them to the Cuftom-houfe; on the other hand, the Fifcal Judges and Officers of the Customs are forbidden to open, either in the Ship or on the Shore, any Bales, Chefts, Boxes or Casks, or any forts of Bundles, Packs or Coverings belonging to the faid Goods, until the Goods have been brought into the Custom-house; and even when the faid Goods fhall have actually been depofited there, it shall not be lawful to open them, unless in the Prefence of the Proprietor or his Factor; to the end the Merchant himself may the better be able to look to his Affairs and Accounts, pay the Customs, and demand Certificates or Acquittances for the fame, and pack up his Goods again, and get them mark'd with the Seal of the Cuftom-house of the Place;

which