(L. S.) Orford SEPARATE ARTICLE. IT is farther agreed, that if in process of time war fhould break out between his Sacred Imperial and Catholick Majefty, and the Ottoman Empire, the treaty of alliance concluded this day with his Sacred Royal Majefty of Great Britain, fhall not be deemed in any wife to relate or extend thereto; nor fhall war with the turks, (reason of state so requiring) be understood to be a cafe intended by this treaty. This feparate article is dated and figned as the treaty. Additional Separate and Secret Article. WHEE HEREAS it is the principal scope and intention of the treaty of alliance concluded the last year between his Sacred Imperial and Royal Catholick Majesty and his Royal Majefty of Great Britain, that the union and friendship betwixt their faid majefties may be bound in the clofeft engagements that are poffible, and that on every occafion that offers they may mutually promote each other's interests, and may faithfully and fincerely fecure themselves against all enemies whatfoever: and whereas, fince the conclufion of the said alliance, many of his Britannick Majefty's rebel fubjects have come into feveral of the hereditary provinces of his Imperial and Catholick Majefty, whereby they found means and opportunity of carrying on a pernicious correfpondence with other ill-affected and feditious inhabitants of Great Britain, and use all their endeavours to ftir up a new rebellion in the faid kingdom; whence both the government of his Britannick Majefty, and the tranquillity and repofe of his faithful fubjects may be continually difturbed by thefe fecret factions and confpiracies, to their very great detriment. It is therefore declared by thefe prefents on the part of his Imperial and Royal Catholick Majefty, that he will grant no entertainment, refuge, or paffage, under any pretext what foever within his hereditary provinces fituated in Germany and the Austrian Netherlands, to his Britannick Majesty's rebel fubjects, who are or shall be declared such, nor to the perfon commonly called the Pretender. As likewife his royal majefty of Great Britain doth promife, that he never will grant any paffage, entertainment, or refuge, to the rebel fubjects of his Imperial and Royal Catholick Majefty, who are or fhall be declared fuch within his king doms of Great Britain and Provinces of the Roman Empire. Wherefore it is on both fides provided that they will mutually compel the aforefaid rebel fubjects to depart out of the faid kingdoms and provinces within the fpace of eight days, from the time that the minister of him, whofe fubjects thofe rebels are reputed, fhall have made fuch application to his faid Imperial Majefty, or his Royal Majefty, in the name of his mafter. In witnefs whereof we the commiffioners and plenipotentiaries of his Sacred Imperial and Royal Catholick Majefty, and of his Sacred Royal Majefty of Great Britain, by virtue of our full powers refpectively (the copies whereof are added at the end of this article) have figned this inftrument with our hands. Done at Vienna Sept. 1, 1717. (L. S.) A Stanyan. Convention for explaining the articles of the Affiento, or Contract for Negrocs, between the moft Serene and moft Potent Prince George, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. and the moft Serene and moft Potent Prince Philip V. the Catholick King of Spain. Concluded at Madrid, the of May, 1716. G 26 EORGE, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. To all and fingular to whom these present letters fhall come, greeting: whereas a certain convention, for explaining the articles of the treaty commonly called El Affiento de los Negros, the Contract for Negroes, between us and our good brother Philip V. the Catholick king of Spain and and the Indies, was concluded and figned by minifters ples hipotentiaries impowered with fufficient authority on both fides, at Madrid on the day of the month of May last, in the form and words following: AFTER a long war, which had afflicted almost all Europe; and had produced difmal effects, it appearing that the continuance of it would create yet more, it was agreed with the queen of Great Britain of glorious memory, to put a ftop to it, by a good and fincere peace; and in order to render it firm and folid, and to maintain the union be tween the two nations, it was determined that the Affiento for furnishing our Weft Indies with Negroes, fhould for the future, and during the time expreffed in the treaty of Affiento, be on the accompt of the royal company of England; which faid Company having thereupon made feve ral representations to us by the minifter of Great Britain, after they had made the fame to the king their master, concerning fome difficulties which related to certain articles of the faid treaty; and we being defirous, not only to maintain the peace established with the English nation, but to preferve and augment it by a perfect good understanding, have commanded our minifters to confer on the faid affair of the Affiento with the minifter plenipotentiary of the king of Great Britain, to the end that, as equity re quires, fome agreement might be made on the faid articles, as has actually been done by the following declarations. In the treaty of Affiento made between their Britannick and Catholick Majefties on March 26, 1713, for the carrying of Negroes to the Indies by the company of England, and for the term of thirty years, which were to commence from May 1, 1713, his Catholick Majefty was pleafed to grant to the faid Company the favour of fending to the Indies every year (during the faid Affiento) a fhip of 500 tun, as is mentioned in the faid treaty: on condition that the goods with which the faid annual fhip fhould be laden, fhould not be allowed to be fold but in the time of the fair; and that if the fhip arrived in the Indies before the ships from Spain, the factors employed by the faid com pany fhould be obliged to land all the goods, and depofite them in truft in the Catholick King's warehouses, to be kept under two keys, and with other circumftances fpeci fied in the faid treaty, till they could be fold at the time of the fair. It has been reprefented on the part of his Britannick Majefty and of the faid company, that the faid favour was granted by the Catholick King to make good the loffes which the company might fuffer by the Affiento; fo that if the condition, not to difpofe of the goods but in the time of the fair, were tò be observed, and the fair not being held regularly every year, as experience has fhewn heretofore, and as may happen hereafter, the company instead of gaining profit, would lofe the prime coft of the cargo; it being very well known, that goods will not keep long in that country, and particularly at Porto-Bello. For this reafon the company defires an affurance that the fair fhall be held every year, either at Cartagena, Porto-Bello, or Vera Cruz; and that notice may be given them at which of those three ports it is intended to keep the fair, that they may know where to fend out their fhip; which arriving at the faid ports, if no fair be there held, the company may vend the goods after a certain limited time, to be reckoned from the day of the arrival of the said fhip at fuch port. His majefty being willing to give the king of Great Britain new proofs of his friendfhip, and to corroborate the union and good correfpondence between the two nations, has declared, and declares, that the fair fhall be held re'gularly every year, cither in Peru, or in New Spain, and that notice fhall be given to the court of England of the exact time when the Flota or Galleons will fail for the Indies, to the end the company may at the fame time difpatch the fhip granted by his Cathclick Majefty; and in cafe the Flota and Galleons fhall not depart from Cadiz before the month of June expires, the faid company fhall be allowed to fend away their fhip, giving notice of the day of her failing to the court of Madrid, or to the minifter of his Catholick Majefty who fhall be at London ; and when she shall arrive at one of the three ports of Cartagena, Porto-Bello, or Vera Cruz, fhe fhall be obliged to wait there for the Flota or Galleons four months, to be reckoned from the day of the arrival of the faid fhip; which term being expired, the company fhall be allowed to to fell their goods without any hindrance; but it is to be understood, that if this fhip of the company's be bound for Peru, the fhall go directly to Cartagena, and Porto-Bello, without paffing into the South-Sea. The faid company has alfo reprefented, that the number and price of Negroes to be bought in Africa being uncertain; and as they must be purchased with goods, not with money, the quantity of merchandize to be carried to that country cannot be exactly fettled; and it being improper to run any hazard of having too few goods for that trade, it may happen that there will be an overplus: where. fore the faid company defire, that the goods which fhall remain undifpofed of in exchange for the Negroes, may be carried to the Indies, otherwife they should be obliged to caft them into the fea; for obtaining this the faid company offer, for the greater fecurity, to depofite the faid goods which shall remain overplus, in the firft port belonging to his Catholick Majefty which their ship shall reach, and in the king's warehouses, to take the fame on board again when the fhip fhall be on her return to Europe. As to the article, importing that the overplus goods which fhall not be difpofed of in purchafing Negroes, and for want of warehouses in Africa, are propofed to be carried to the Indies, to be laid up in his Catholick Majefty's ports, under two keys, one to be kept by the king's of ficers, and the other by the factors of the faid company, his Catholick Majefty will grant it to be done only at the port of Buenos Ayres; because between Africa and the faid port of Buenos Ayres, there is not any ifland or place under the dominion of the king of Great Britain where the fhips belonging to the Affiento for Negroes can put in; but it is quite the contrary with refpect to the navigation between Africa and the ports of Caracas, Cartagena, Porto-Bello, Vera Cruz, Havana, Porto-Rico, and St. Domingo for his Britannick Majesty is among the windward iflands poffeffed of the iflands of Barbadoes, Jamaica, and feveral others; at which the faid Affiento fhips may touch, and leave the faid overplus goods, which fhall not have been exchanged for the Negroes, and take them in again when they return to Europe. By this means all manner of fufpicion is taken away, and the proceedings in the af |