Alliance among the Holy Roman Emperor, Portugal, Spain, Great Britain, and the Netherlands
mall be of equal, if not fuperior force, not only to repel the
enemy’s fhips, but to hinder fuch war or defcent, as often as
occafion fhall require. But if the enemies have taken any town,
or poffeffed any place which they fortify in the faid provinces
and territories beyond fea, thofe aids mall be continued till the
towns or places fo taken are intirely recovered.
XIX. All the auxiliary fhips fhall be fubjeft to the command
of his facred royal majefty of Portugal; and when they go to the
provinces and territories of the Portuguefe beyond fea, they
mall do thofe things which his facred royal majefty ‘s viceroys
and governors fhall injoin them in his name.
XX. But when thefe auxiliary fhips, of the two powers, hap-
pen in any cafe whatever to be joined with the Portuguefe
fhips, the commander of the Portuguefe fquadron or fhips
who has the right of carrying the flag, fhall give the fignals, and
fummon a council of war, which fhall be held in the Por-
tuguefe. commodore’s cabin : and from him commands fhall
be iffued for putting the deliberations of the council in execu-
tion ; which the captains of the auxiliary fhips fhall execute
every one in his own fhip.
XXI. Neither peace nor truce fhall be made but by the
mutual confent of all the allies: Nor fhall efther be concluded at
any time, whilft his moft chriftian majefty ‘s fecond grandfon by
the dauphin, or any other prince of French extraction, fhall
continue in Spain; and the Portuguefe
crown fhall have the intire poffeffion and government of all
lands, kingdoms, iflands, ftates, territories, caftles, cities, towns,
villages, and their territories and appendages, which it hath now
in Spain and out of Spain.
XXII. Nor fhall peace be made with the moft chriftian king,
unlefs he gives up all the right he pretends to have to the coun-
tries belonging to the North Cape, and the additional territories
of the ftate of Maranon, lying between the river of Amazons
and that of Vincent Pifo; notwithftanding any treaty, either
provifional or decifive, made between his facred royal majefty of
Portugal and the faid moft chriftian king, concerning the poff-
effion of, and right to the faid countries.
XXIII. After the moft ferene archduke Charles fhall have con-
quered Spain, he fhall pay to his facred royal majefty of Portugal
and the India company whatever the crown of Spain was obliged
to pay to them by virtue of a convention made with that crown,
as much as if it had been really made with him; and mall punctu-
ally obferve all its obligations and conditions, and take care that
the payments be made at the terms therein expreffed; viz. the firft
payment at the arrival of the firft India fleet or Flotilla, which
comes to Spain after the faid moft ferene archduke fhall afcend
the throne; the fecond at the arrival of the fecond fleet: and he
fhall perform the other things that are contained in the faid con-
vention, fo as that the crown of Portugal and the India company
may obtain all things which they ought to obtain by virtue of the
faid convention. And her facred royal majefty of Great Britain,
and the high and mighty lords the ftates general of the United
Netherlands, bind themfelves as guarantees for the moft ferene
archduke’s performance of the contents of this article.
XXIV. The moft ferene archduke Charles mall come to Por-
tugal, and land there, with all the auxiliary forces which the
confederate powers ought to fend, as it is ftipulated and agreed
in this treaty; nor fhall his facred royal majefty of Portugal be
obliged to make war, till the moft ferene archduke and all the
fuccours both of men and fhips are arrived in Portugal.
XXV. Moreover, as foon as the moft ferene archduke arrives
in Portugal, his facred royal majefty of Portugal fhall acknowl-
edge and hold him for king of Spain, as king Charles II. poffe-
fled it. Provided neverthelefs, that he give previous notification
in due form of law to his
facred royal majefty of Portugal, that the right by which he is
king of Spain is lawfully yielded and transferred to him.
XXVI. At the fame time that his facred royal majefty of Por-
tugal mall enter upon the war, the maritime powers fhall be
obliged to fend a ftrong fleet to annoy the coaft of Spain, in
order to give a diverfion to the enemy’s forces, and to facilitate
the main bufinefs of the expedition.
XXVII. For the fame reafon the confederate powers fhall be
obliged to profecute the war ftrenuoufly, as well in the Nether-
lands and on the upper Rhine as in Italy, at the very time that
Portugal fhall carry her arms into Spain; and this fhall be con-
tinued in the fame manner every year as long as the war fhall
laft.
XXVIII. It is provided, that it fhall not be lawful at any time
for the faid potentates to claim or demand from the crown of
Portugal all or any part of the cofts and charges, which they
fhall incur on account of the aids to be furnifhed by virtue of
this treaty, whether in land-forces
and fhipping, or in money, arms, gun-powder, guns, &c.
although the fame be not particularly provided againft in all
and fingular the claufes and articles of this treaty, in which thofe
aids are ftipulated.
XXIX. This treaty fhall be duly and legally confirmed and
ratified by the above-mentioned principals of the faid plenipo-
tentiaries; and the ratifications fhall be exchanged at Lifbon
within the fpace of three months from the time of figning it.
In witnefs of all which,we the above-named plenipoten-
tiaries of his facred imperial majefty and his facred royal
majefty of Portugal, and of the high and mighty lords the ftates
general of the United Netherlands, have fet our hands to this
inftrument, and fealed it with the teals of our arms. But the
plenipotentiary of her facred royal majefty of Great Britain, for
avoiding the difpute between the crowns of Portugal and Great
Britain concerning precedence, has, after the manner and
cuftom obferved between both crowns, figned and fealed other
inftruments of the fame tenor feparately. Done at Lifbon, May
16, 1703.(L. S.) C. de WALDSTEIN.
(L. S.) SCHONENBERG.
(L. S.) D. Marquifs PEREIRA.
(L. S.) Marquifs d’ ALEGRETTE.