to the Form which shall be inserted at the end of this Treaty whereby not only the Ships Lading but the Place to which she belongs and as well the Master and Owners Name as the Name of the Ship may appear by which means the quality of the Ship and her Master or Owner will be sufficiently known as also the Commodities she carries whether they be Contraband or not to the which Passports and Sea-Letters intire faith and credit shall be given so much the rather for that as well on the part of the King of England as of the King of Spain some Counter-signs shall be given if it shall be found necessary whereby their authenticalness may the better appear and that they may not be in any wise falsified XV. If any prohibited Merchandise or Goods shall be Exported from the Kingdoms Prohibited Goods Exported to be Confiscated Dominions and Territories of either of the said Kings by the respective People or Subjects of the one or the other in such case the prohibited Goods shall be onely Confiscated and not the other Goods neither shall the Delinquent incur any other Punishment except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain the proper Coin Wooll In case Coin Wooll or Fullers-Earth be Exported the Laws of the Country to take place or Fullers-Earth of the said Kingdoms or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any Gold or Silver wrought or unwrought in either of which cases the Laws of the respective Countreys are to take place XVI That it shall be lawful for the People and Subjects of both Kings Ships to remain freely in each others Ports and depart again to have access to the respective Ports of the one and the other and there remain and depart again with the same freedom not onely with their Ships and other Vessels for Trade and Commerce but also with their other Ships fitted for War Armed and disposed to resist and engage the Enemy and arriving by stress of Weather to repair their Ships or furnish themselves with Provisions so that entring willingly they be not so numerous that they give just occasion of suspition to which end they are not to exceed the number of Eight nor continue in their Havens nor about their Ports longer time then they shall have just cause for the repair of their Ships to take in Provisions or other necessary things much less be the occasion of interrupting the free Commerce and coming in of other Ships of Nations in Amity with either King Concerning Men of War coming into Ports and when an unusual number of Men of War by accident shall come unto any Port it shall not be lawful for them to come into the said Ports or Havens not having first obtained permission of the King unto whom the said Ports do belong or the Governours of the said Ports if they be not forced thereinto by stress of Weather or other necessity to avoid the danger of the Sea and in such ease they shall presently acquaint the Governour or chief Magistrate of the Place with the cause of their coming nor shall they remain there any longer time then the said Governour or Magistrate shall think convenient or do any act of Hostility in such Ports that may prove of prejudice to the one or the other of the said Kings XVII That neither the said King of Great Britain nor the King of Spain by any Mandate general nor particular nor for any cause whatsoever shall Embarque or detain hinder or take for his respective Service No Merchants Pilots c. to be Pressed any Merchant Master of a Ship Pilot or Mariner their Ships Merchandise Clothes or other Goods belonging unto the one or the other in their Ports or Waters if it be not that either of the said Kings or the Persons to whom the Ships belong be first advertised thereof and do agree thereunto Provided that this shall not be construed to hinder or interrupt the ordinary course of Justice and Law in either Country XVIII That the Merchants and Subjects of the one and the other King their Factors and Servants Merchants Seamen c. to have liberty to carry Arms. as also their Ships Masters or Mariners may as well going as coming upon Sea and other Waters as in the Havens and Ports of the one and the other respectively carry and use all kind of Arms Defensive and Offensive without being obliged to Register them as also upon Land to carry and use them for their Defence according to the custom of the Place XIX That the Captains About Differences between Captains and Masters of Ships and their Men. Officers and Mariners of the Ships belonging to the People and Subjects of either Party may not commence an Action nor hinder or bring trouble upon their own Ships their Captains Officers or Mariners in the respective Kingdoms Dominions Lands Countries or Places of the other for their Wages or Salaries or under any other pretence Nor may they put themselves or be received by what pretext or colour soever into the Service or Protection of the King of England or King of Spain or their Arms but if any Controversie happen between Merchants and Masters of Ships or between Masters and Mariners the composing thereof shall be left to the Consul of the Nation but after such manner as he who shall not submit to the Arbitrement may appeal to the ordinary Justice of the Place where he is subject XX. And to the end that all Impediments be taken away Concerning Trading to Flanders and that the Merchants and Adventurers of the Kingdoms of Great Britain be permitted to return to Brabant Flanders and other the Provinces of the Low-Countries under the Jurisdiction of the King of Spain Forasmuch as it hath been thought convenient that all and any the Laws Edicts and Acts by which the Importation of Cloth or any Cloth or any other Woollen Manufacture of what kind soever Dyed or Undyed Mill'd or Unmill'd into Flanders or the other Provinces hath been prohibited be revoked and disanull'd and that if any Right Tribute Imposition Charge or Money hath been with permission or otherwise put upon Cloths or any of the aforesaid Woollen Manufactures so Imported except the ancient Tribute upon every piece of Cloth and proportionably upon every other Woollen Manufacture agreeable to the ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries the same should be altogether void and no such Tribute or Imposition from henceforth imposed or put upon the said Clothes or Manufactures for no cause or pretext whatsoever And that all the English Merchants Trading in any of the said Provinces their Factors Servants or Commissioners should enjoy from henceforward all the Priviledges Exemptions Immunities and Benefits which formerly have been agreed and given by the
taken which for this effect was exhibited unto me by William Bland dwelling in the City of Sivil who took it away again with him the 11. of April Anno 1645. Joseph de Pineda Notary Publick of the City of Sivil for the King Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and Mighty Prince Lewis XIV The Most Christian King Concluded the 21 31 day of July 1667. I. THat there be an Universal Peace and Amity restored Perpetual True and Sincere Peace and Amity between the Most Christian King and the King of Great Britain their Heirs and Successors and between the Kingdoms States and Subjects of both and that the same be so sincerely and seriously observed and kept that one shall promote the Honour and Advantage of the other And that a faithful Neighbourhood and secure observation of Peace and Friendship may flourish again on every side II. That all Enmities Hostilities Discords and Wars between the said Kings and their Subjects cease and be abolished Cessation of Hostilities so as they both do forbear and abstain hereafter from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions and Places of eithers Kingdoms and Territories of what Condition soever they be III. That all Offences All Injuries to be forgotten Injuries Damages which either of the said Kings or their Subjects have suffered from the other during this War be buried in Oblivion so that neither in regard of them nor for the cause or pretence of any other thing neither Party nor the Subjects of either shall hereafter do or cause to be done or made any Hostility Enmity Molestation or Hindrance to the other by himself or by others secretly or openly directly or indirectly by colour of Right or way of Fact IV. That the use of Navigation and Commerce be free between the Subjects of both the said Kings Freedom of Trade and Navigation as it was anciently in the time of Peace and before the Denunciation of the late War so that every one of them may freely come into the Kingdoms Provinces Marts Ports and Rivers of either Party bringing their Merchandise and Conversing and Trading there without Molestation V. That all Prisoners on either side Prisoners released of what Degree Dignity or Condition soever be forthwith set at liberty without Ransom or any other Price of their Freedom Provided they pay what is lawfully due for Diet or other Cause VI. That all Proclamations and Acts which by reason of this War either Party hath published All Acts made against the liberty of Trade Revoked to the prejudice of either against the liberty of Navigation and Trade be abrogated on both sides VII That the Most Christian King shall with all speed or at the furthest within Six months to be reckoned from the Day of Subscribing this present Agreement Restitution of St. Christophers restore unto the King of Great Britain or unto such as to that purpose shall receive his Commands duely Passed under the Great Seal of England that part of the Isle of St. Christophers which the English possessed the First of January 1665. before the Declaration of the late War and to that end the said Most Christian King shall immediately upon the Ratification of the same Agreement deliver or cause to be delivered unto the said King of Great Britain or such Ministers of his as shall be thereunto appointed all necessary Instruments and Orders duely dispatched VIII But if any of the Subjects of the said King of Great Britain shall have sold the Goods which he possessed in that Island If any person have sold his Goods there he shall repay the Money before he be restored and the Price of the Sale hath been paid unto him he shall not be restored and put into possession of those Goods by virtue of the present Agreement before he hath actually paid back the Price or the Money he hath received IX But if it happen which yet is not known hitherto that the Subjects of the said Most Christian King are beaten out of the said Island of St. Christophers by the Subjects of the above-mentioned King of Great Britain before or after the Subscription of the present Agreement Nevertheless All things in that Island to be put in the same state as they were in 1665. things shall be restored unto that state and condition wherein they were in the beginning of the Year 1665. that is before the Declaration of the War now determining and the said King of Great Britain assoon as he hath notice thereof shall without any delay deliver or cause to be delivered unto the above-mentioned Most Christian King or his Ministers thereunto appointed all Instruments and Orders duely made which are necessary for that Restitution X. Also Restitution of Acadia to the French That the said King of Great Britain do likewise restore unto the said Most Christian King or unto such as to that purpose shall receive his Command duely passed under the Great Seal of France the Country which is called Acadia lying in North America which the said Most Christian King did formerly enjoy And to that end the said King of Great Britain shall immediately upon the Ratification of this Agreement deliver or cause to be delivered unto the said Most Christian King or such Ministers of his as shall be thereunto appointed all Instruments and Orders duely dispatched which shall be necessary to the said Restitution XI But if any of the Inhabitants of that Country called Acadia Such Inhabitants as shall desire to leave the Place may shall rather desire to be hereafter under the Dominion of the King of Great Britain it shall be lawful for such to depart within the space of One year to be counted from the Day of the Restitution of that Country and to sell alienate or otherwise dispose as they please their Lands Grounds Slaves and all their Goods moveable or immoveable and such persons as shall Contract with them for the same shall be forced to make good such Contracts by the Most Christian Kings Authority But if they shall rather choose to carry away with them their Money Housholdstuff Vessels Slaves and all their Moveables it shall be free for them so to do without any hindrance or molestation whatsoever XII Also the Most Christian King shall in like manner restore unto the King of Great Britain the Islands called Antigoa and Monsarat if they be in his power and any other Islands Countreys Reciprocal Restitution of Places taken Forts and Colonies which may have been gotten by the Arms of the Most Christian King before or after the Subscription of the present Treaty and which the King of Great Britain possessed before he
entred into the War with the States General to which War this Treaty doth put an end On the other side the said King of Great Britain shall after the manner aforesaid restore unto the above-mentioned Most Christian King all Islands Countreys Forts and Colonies any where situate which might be gotten by the King of Great Britains Arms before or after the Subscription of the present Agreement and which the Most Christian King possessed before the First of January 1665. XIII But if any of those Servants and Slaves that Served the English in that part of the Isle of St. Slaves and Servants may return to their Masters if not sold Christophers which belonged to the foresaid King of Great Britain as also in the Islands called Antigoa and Monsarat when they were taken by the Arms of the foresaid Most Christian King shall desire to return again unto the Subjection of the English yet without all force or constraint it shall be free and lawful for them so to do within the space of six Months to be reckoned from the Day on which the same Islands shall be restored But if the English before they went off of the said Islands sold some Servants and the Money was paid for them those Servants are not to be restored upon other Terms but that the Price be restored and repaid XIV In like manner Souldiers Labourers c. the same if some of the foresaid King of Great Britain's Subjects who were not reckoned amongst Servants and Slaves shall hire themselves in the quality of a Souldier a Labourer or under whatsoever other Title to the foresaid Most Christian King or any one of his Subjects that dwelleth in the foresaid Islands Covenanting for Wages by the Year the Month or the Day After the Restitution of the Island or Islands such hiring of ones self or Obligation is to cease Wages being received after the Rate of Labour already performed and it shall be free for them to return unto their Countrymen and live under the Dominion of the King of Great Britain XV. Whatsoever is resolved concerning the foresaid Islands Articles of Restitution to extend to all Places it is to be understood that it is in like manner resolved concerning all other Islands Forts Countries and Colonies and the Subjects and Servants living therein whom and which the above-mentioned Most Christian King shall have gotten by his Arms or shall get before or after the Subscription of this Treaty if so be the said King of Great Britain possessed them before he entred into the War with the States General which War is ended by this Treaty On the other side the same is also understood to be resolved in relation to those Islands Countries Forts and Colonies and Subjects and Servants living there who or which belonged unto the above-mentioned Most Christian King before the First of January 1665. and whom or which the above-mentioned King of Great Britain shall have gotten or shall get by his Arms before or after the Subscription of this Treaty XVI That all Letters as well of Reprizal Letters of Marque revoked as of Marque and Countermarque which hitherto have been granted on either Side for any Cause shall be and be held null and void Nor shall any the like Letters be hereafter granted by either of the said Kings against the Subjects of either unless it be first made manifest that Right hath been denied and unless he who desires Letters of Reprizal to be granted unto him do first draw and present his Petition to the Minister residing in the Name of that Kingdom against whose Subjects those Letters are desired that he within the space of four Months or sooner may enquire into the contrary or procure that Satisfaction be with all speed made from the Party offending to the Complainant Not to be granted but four Months after the denial of Justice But if that Kingdom against whose Subjects Reprizals are demanded have no Minister residing there Letters of Reprizal are not to be granted till after the space of four Months to be reckoned from the Day whereupon his Petition was made and presented to the King against whose Subjects Reprizals are desired or to his Privy Council XVII Then to cut off all matter of Quarrel and Contentions which might arise in regard of the Restitution of Ships Merchandise and other Moveables which either Party may complain to be taken and detained from the other in Countries and Coasts far distant after the Peace is concluded and before it be notified This Peace when to take effect All Ships Merchandise and other Moveables which shall or may be gotten by either Side after the Subscription and Publication of the present Agreement within the space of Twelve Days in the Neighbouring Seas within the space of Six Weeks from the said Neighbouring Seas unto the Cape of St. Vincent then within the space of Ten Weeks beyond the said Cape on this side of the Aequinoctial Line or Aequator as well in the Ocean and Mediterranean Sea as elsewhere Lastly within the space of Six Months beyond the Bounds of the foresaid Line through the whole World shall be and remain unto the Possessors without any exception or further distinction of Time or Place or any consideration to be had of Restitution or Compensation XVIII But if which God of his mercy forbid the Differences now Composed between the said Kings should at any time fester In case of a future War Six Months to be allowed the Merchants to Transport their Goods and break out again into open War the Ships Merchandise or any kind of Moveables of either Party which shall be found to be and remain in the Ports and under the Command of the adverse Party on either Side shall not be Confiscated or made obnoxious to any Inconvenience but the space of Six Months shall entirely be allowed to the Subjects of either of the said Kings that they may carry away and Transport the foresaid things and any thing else that is theirs whither they shall think fit without any molestation XIX Under this present Treaty of Peace shall be comprehended those who shall be named by either Party with common consent before the Exchange of Ratifications or within Six Months after Who shall be comprehended in this Treaty But in the mean time both Parties are well pleased that the King of Sweden as Mediator be comprehended and he is comprehended XX. Lastly Ratifications Exchanged The Solemn Ratifications of this present Agreement and Alliance made in due Form shall be delivered on both Sides and mutually and duely Exchanged at Breda within the space of Three Weeks to be reckoned from the Day of the Subscription Done at Breda the 21 31 day of July 1667. Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and
far distant after the Peace is concluded and before it be notified unto those Places Hostilities when to cease It is Agreed That all such Ships Merchandise and other Moveables which may chance to fall into either Parties hands after the Conclusion and Publication of the present Instrument in the Channel or British Sea within the space of Twelve Days and the same in the North Sea and within the space of Six Weeks from the Mouth of the Channel unto the Cape of St. Vincent as also within the space of Ten Weeks beyond the said Cape and on this side the Aequinoctial Line or Aequator as well the Ocean and Mediterranean Sea as elsewhere and from thence within the space of Eight Months beyond the terms of the foresaid Line throughout all the World shall be and remain unto the Possessors without any exception or further distinction of Time or Place or any regard had to the making of Restitution or Compensation VIII It is also Agreed Letters of Marque revoked That under the foresaid Renunciation and Stipulation all Letters whatsoever of Reprizal Marque and Counter-Marque both general and particular and others of that kind by virtue whereof any Hostility may be exercised for the future ought also to be reckoned and comprehended and by the Publick Authority of this Alliance they are inhibited and revoked And if any persons of either Nation after such Revocation shall nevertheless under pretence or authority of such Letters or Commissions already revoked design any new Mischief or act any Hostility after the Peace is made and the Times specified in the precedent seventh Article are elapsed they are to be looked upon as Disturbers of the Publick Peace and punished according to the Law of Nations besides an entire restitution of the Thing taken or full satifaction of Damages to which they shall be liable notwithstanding any Clause whatsoever to the contrary which may be inserted in the said Letters revoked as aforesaid IX And whereas in Countreys far remote Liberty of Trade restored in Africa and America as in Africk and America especial in Guiney certain Protestations and Declarations and other Writings of that kind prejudicial to the Liberty of Trade and Navigation have been emitted and published on either Side by the Governors and Officers in the Name of their Superiours It is in like manner Agreed That all and every such Protestations Declarations and Writings aforesaid be abolished and held hereafter for null and void and that both the above-mentioned Parties and their Inhabitants and Subjects use and enjoy the same Liberty of Trade and Navigation as well in Africa as in America which they used and enjoyed or of right might use and enjoy at that time when the Treaty of the Year 1662. was Subscribed X. Also All Prisoners set free That Prisoners on both Sides one and all of what Degree Dignity or Condition soever they be shall be set at Liberty without Ransom or any other Price of their Freedom Provided satisfaction be made by them for Debts which they have contracted for Diet or any other lawful Cause XI That the said King of Great Britain Mutual Defence and the said States General remain Friends Confederate United and Allied for the defence and preservation of the Rights Liberties and Immunities of either Ally and their Subjects against all whomsoever who shall endeavour to disturb the Peace of eithers State by Sea or Land or such as living within eithers Dominions shall be declared Publick Enemies to either XII That neither the said King of Great Britain Not to Treat or Attempt any thing against each others prejudice nor any way to favour the same nor the said States General shall Act Do Endeavour Treat or Attempt any thing against the other or the Subjects of either any where by Land or Sea or in any Ports Liberties Creeks or Fresh-waters upon any occasion whatsoever And that neither they nor the Subjects of either of them shall give afford or supply any Aid Counsel or Favour nor consent that any thing be Done Treated or Attempted by any other whosoever to the harm or prejudice of the other or the Subjects of either but shall expresly and actually oppose contradict and really hinder all whomsoever Residing or Dwelling in either the respective Dominions who shall Act Do Treat or Attempt any thing against either of them XIII That neither the said King Rebels not to be Assisted nor the said Commonwealth nor any of the Subjects of either Inhabiting or Residing within their Jurisdiction shall cherish and assist the Rebels of either Party with any Succour Counsel or Favour whatsoever but shall expresly oppose and effectually hinder all persons Abiding Residing or Dwelling in either of their Dominions from supplying or furnishing any of those foresaid Rebels by Sea or Land with any Succour or Assistance either in Men Ships Arms Warlike Furniture or other prohibited Goods or with Money Provisions or Victuals And all Ships Arms Warlike Furniture or other forbidden Goods also Money and Provisions belonging to any person or persons whatsoever which shall be supplied or furnished contrary to the meaning of this Article shall be Confiscate and Forfeited to that Party where the persons offending shall be And those who shall wittingly and willingly Act Commit Attempt or Adviseany thing contrary to the sence of this Article shall be judged Enemies of both Parties and shall be punished as Traitors there where the Offence shall be committed But as touching the specification of Prohibited or Contraband Goods it shall be provided for hereafter XIV That the said King of Great Britain and the said States General shall mutually To Assist each other against Rebels sincerely and faithfully as there is occasion Assist each other against the Rebels of either by Sea or Land with Men and Ships at the Cost and Charges of the Parties who desire the same in such proportion and Manner and upon such Conditions as afterward shall be Agreed and the present Occasion shall require XV. That neither the said King Rebels and Fugitives not to be received nor the said Commonwealth nor the Subjects of either shall in any of their Jurisdictions Countries Lands Havens Sea-Ports Creeks receive any Rebel or Rebels Fugitive or Fugitives of the other Party declared or to be declared nor shall give or yield unto such declared Rebels and Fugitives in the Places aforesaid or elsewhere though without their Lands Countries Havens Sea-Ports Creeks or Jurisdictions any Help Counsel Lodging Souldiers Ships Money Arms Ammunition or Victuals As also neither of the States shall permit that such Rebels or Fugitives be received by any person or persons within their Jurisdictions Countries Lands Sea-Ports Havens Creeks nor suffer that any Help Counsel Lodging Favour Arms Ammunition Souldiers Ships Moneys or Provision be given or yielded to such Rebels and Fugitives but shall expresly and effectually oppose and really hinder the same XVI That in case either of them by
in the Ports and upon the Coasts and Lands of either Confederate going returning and walking for the defence of their Persons and Goods to carry any kind of portable Arms as well offensive as defensive so that they give no just cause of suspicion to the Commanders and Magistrates of any Place of any Plots or Contrivances against the publick or private Peace XXVIII The Convoys or Ships of War of either Party Benefit of each others Convoys meeting in their Voyage or overtaking any Merchants Ships or others belonging to the other Confederate or his Subjects and making the same Course at Sea in Europe or out of Europe shall be obliged to guard and defend them as long as they shall hold the same Course together XXIX For the greater security of Commerce and freedom of Navigation Pirates not to be protected it is Concluded and Agreed That neither Part as much as may be and shall lie in their powers shall permit that publick Pirates or other Robbers upon the Sea in any the Ports of the other Kingdom or Country have their Receptacles or Retreats or shall suffer that any of the Inhabitants or People of either Prince do receive them into their Houses or supply them with Provisions or be otherwise assisting to them But on the contrary shall endeavour that the said Pirates or Robbers and their Partisans and Accomplices be apprehended and punished according to their demerit and the Ships and Goods as much as can be found of them restored to the lawful Owners or their Agents provided their Right be made appear by due proof of Law in the Court of Admiralty XXX It is Concluded and Agreed Freedom of access to each others Ports That there shall be at all times free access for the Subjects and People of either Party to the Ports and Coasts of both Princes and it shall be lawful for them to remain therein and from thence again to depart and also to pass through the Seas and Territories whatsoever of either King respectively Not committing any Waste or Injury not only with Merchant-Ships and Ships of Burthen but also with Ships of War whether the same be upon the Publick Account or Acting by private Commissions whether they enter by reason of Tempest and for avoiding the danger of the Sea or to Refit or buy Provisions But Men of War not to exceed six in number except forced in and then to give notice to the Magistrate So that they exceed not the number of six Ships of War if they enter of their own accord nor shall they remain longer in or about the Ports then shall be necessary for the Refitting of their Ships buying Provisions or other Necessaries And if they should upon occasion desire to come into the said Ports with a greater number of Ships of War it shall in no wise be lawful for them to enter thereinto without first giving timely notice by Letter of their coming and obtaining leave of those to whom the foresaid Ports belong But if by force of Tempest or other urgent Necessity they shall be compelled to put into Harbour in such case without any precedent notice the Ships shall not be restrained to a certain number but with this Condition nevertheless That their Admiral or Commander in chief presently after his Arrival shall make acquainted the chief Magistrate or Commander of the Place Haven or Coast whether they are come with the cause of his coming Nor shall he stay longer there then shall be permitted him by the chief Magistrate or Commander and shall not act or attempt any Hostility in the Ports whereinto he hath betaken himself or any thing prejudicial to him of the two Confederates to whom they shall belong XXXI It shall not be lawful for the Subjects of either King Neithers Subjects to take Letters of Mart from any Prince or State in War with the other or the Inhabitants of the Kingdoms or Lands under their Obedience to procure of any Prince or State who is at Difference or in open War with either of the Confederates Letters Patents called Commissions or Reprisals much less by virtue of such Letters to molest or damnifie the Subjects of either Both the said Kings shall strictly prohibit their Subjects respectively that they do not procure or accept from other Princes or States any such Commissions But shall as much as in them lies forbid and hinder the committing of any Depredations by virtue of such Commissions XXXII If any Ship or Ships belonging to the Subjects of either King be taken in the Ports of either by a third Party Ships taken in in Port by a third Party to be restored they in whose Port or within whose Jurisdiction whatsoever the foresaid Ships shall be taken shall be mutually obliged to use their endeavour together with the other Party for the finding and retaking the said Ship or Ships and restoring them to the Owners Which nevertheless shall be done at the Charge of the said Owners or the Parties interested XXXIII But if also in the Ships taken by the Subjects of either Confederate Seamen taken on Board any Prize and being Subjects of either Crown to be set free and brought into any Port belonging to the other there be found any Seamen or other persons who are Subjects of that Confederate into whose Ports or Rivers the Prize shall be brought they shall be civilly used by those who have taken them and restored to their liberty forthwith and without Ransom XXXIV But if a Ship of War or any other A Ship Laden with prohibited Goods if taken no Bulk to be broken till an Inventory made in the Admiralty Laden with prohibited Goods belonging to the other Crown happen to be taken It shall not be lawful for the Captains or Commanders who have taken her to open or break up any Chests Tons or Bails on Board the said Ship nor likewise to Transport or otherwise alienate any of her Merchandise until they have been first put on Shore and an Inventory thereof made before the Judges of the Admiralty XXXV And for the greater security of the Subjects of both Kings No Injury to be done by any Men of War to the other in case of any the Causes to be Tried in the Admiralty Courts or by Commissioners to be appointed by the Kings and for preventing of all violence towards them from the said Ships of War All Commanders of any the Ships of War belonging to the King of Great Britain and all other his Subjects whatsoever shall be strictly charged and required that they do not molest or injure the Subjects of the King of Denmark If they shall do otherwise they shall be liable to answer it in their Persons and Estates and shall therein stand bound until just Satisfaction and Compensation shall be made for the Wrongs by them done and the Damage thereby sustained or to be sustained In like manner shall all Commanders of the Ships of War belonging to
notice thereof given by his said Majesties Consul or Officer from the Ship unto the Dey and Government of Tripoli they shall in Honour to his Majesty cause a Salute of One and twenty Cannon to be Shot off from the Castle and Forts of the City and that the said Ship shall return an Answer by Shooting off the same number of Cannon XXII That presently after the Signing and Sealing of these Articles by Us Halil Bashaw Ibraim Dey Aga Amnesty for all Injuries past Divan and Governors of the Noble City and Kingdom of Tripoli all Injuries and Damages sustained on either Part shall be quite taken away and forgotten and this Peace shall be in full force and virtue and continue for ever Satisfaction to be made for Injuries committed before the Notification of this Peace And for all Depredations and Damages that shall be hereafter committed or done by either Side before notice can be given of this Peace full satisfaction shall be immediately made and whatsoever remains in kind shall be instantly restored XXIII That whensoever it shall happen hereafter Satisfaction to be immediately made for all Injuries and the Peace not to be broken till Satisfaction be denied that any thing is done or committed by the Ships or Subjects of either Side contrary to any of these Articles Satisfaction being demanded therefore shall be made to the full and without any manner of delay and that it shall not be lawful to break this Peace until such Satisfaction be denied And Our Faith shall be Our Faith and Our Word Our Word and whosoever shall be the cause of breaking of this Peace shall assuredly be punished with present Death Confirmed and Sealed in the Presence of Almighty God the 5th day of March Old Stile and the Year of our Lord Jesus Christ 1675 6. being the last day of the Moon Zelhedga and the Year of the Hegira One thousand eighty six 1086. L. S. L. S. Bashaw L. S. Dey L. S. Divan WHereas there were Articles of Peace and Commerce between the Most Serene and Mighty Prince Charles the Second Confirmation of the former Peace by the Grace of God King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords Halil Bashaw Ibraim Dey Aga Divan and Governors of the Noble City and Kingdom of Tripoli in Barbary lately Made and Concluded by the said Lords on the one part and by Sir John Narbrough Knight Admiral of his said Serene Majesties Fleet in the Mediterranean Seas on the other part and by them Confirmed and Sealed in the Presence of Almighty God the Fifth day of March Old Stile and the Year of our Lord Jesus Christ 1675 6 being the last day of the Moon Zelhedga and the Year of the Hegira One thousand eighty six 1086. Since which time of Confirming and Sealing the aforesaid Articles of Peace and Commerce the aforesaid Lord Ibraim Dey being fled away from his said Government of the City and Kingdom of Tripoli in Barbary Now therefore We Halil Bashaw Aga Divan Governors Souldiers and People of the aforesaid City and Kingdom of Tripoli have chosen and elected Vice-Admiral Mustapha Grande to be Dey of the said City and Kingdom of Tripoli in Barbary to succeed Ibraim Dey in the aforesaid Government And now We the said Halil Bashaw Mustapha Dey Aga Divan Governors Souldiers and People of Tripoli aforesaid having seen the aforesaid Articles of Peace and Commerce which were lately Made and Concluded as aforesaid and having seriously perused and fully considered all Particulars therein mentioned do fully approve of all and every of the aforesaid Article and Articles of Peace And We and every one of us do now by these Presents Consent and Agree to and with Sir John Narbrough Knight aforesaid for the Just and Exact keeping and performing all of the said Articles and do Accept Approve Ratifie and Confirm all and every of them in the same manner and form as they are inserted and repeated in the preceding Articles aforesaid Hereby firmly Engaging our Selves and Successors assuring on our Faith sacredly to maintain and strictly to observe perform and keep inviolably all and every the aforesaid Article and Articles of Peace and Agreement for ever And to cause and require all Our Subjects and People of what Degree or Quality whatsoever within the City and Kingdom of Tripoli in Barbary or Dominions thereunto belonging both by Sea and Land punctually inviolably carefully and duly to observe keep and perform all and every the aforesaid Article and Articles thereof for ever And our Faith shall be our Faith and our Word our Word and whosoever shall at any time violate and break any part of the said Article or Articles of Peace they shall assuredly be punished with greatest severity and his or their Heads shall be immediately cut off and forthwith be Presented unto any Officer whom the Most Serene King of Great Britain c. shall authorise to make demand thereof It is farther Agreed English Trading on English Ships to pay One per Cent. less Custom as others That the Subjects belonging unto the Most Serene King of Great Britain c. Trading unto the Port of the City and Kingdom of Tripoli in Barbary aforesaid or unto any Port or Place of the Dominions thereunto belonging in any Merchants Ship or other Vessel belonging unto the said Serene Kings Subjects shall not pay so much Custom by One per Cent. for whatsoever Goods or Merchandises they sell or buy as other Nations do for the Custom of the like Goods or Merchandise notwithstanding whatsoever is specified in the second Article aforesaid to the contrary And that the Most Serene King of Great Britain's Consul Residing in Tripoli aforesaid The Consul to have leave to put the Kings Flagg on the Top of his House and in his Boat shall have liberty at all times when he pleaseth to put up his said Serene Majesties Flagg on the Flagg-staff on the Top of his House and there to continue it spread as long time as he pleaseth Likewise the said Consul to have the same liberty of putting up and spreading the said Flagg in his Boat when he passeth on the Water and no Man whatsoever to oppose molest disturb or injure him therein either by Word or Deed. These and all other preceding Articles are to remain firm for ever without any Alteration Particulars not mentioned here to be according to the Capitulations with the Grand Signior and in all other Particulars not mentioned in any of these Articles the Regulation shall be according to the Capitulations General with the Grand Seignior Confirmed likewise and Sealed in the Presence of Almighty God at Our Castle in the Noble City and Kingdom of Tripoli in Barbary the First day of May Old Stile and the Year of our Lord Jesus Christ One thousand six hundred and seventy six being the Six and twentieth day of the Moon Zaphire and the Year of
who of their own will elected to Trade under the Banner and Protection of the Ambassador and Consul of the King of England And whilst in all Scales and Ports in these Parts they had refuge to the Banner and Protection of the English Consuls It seemeth that the French Ambassador by some means having a new gotten into their Capitulations that the said Merchant-Strangers should come under their Banner did endeavour to force them in all Scales to their Protection for which cause the Controversie was again renewed and referred to our Divan or Great Council which after a due Examination and a new Election permitted to the will and choice of the said Merchants they again did desire to be under the Protection of the Ambassador of the King of England notwithstanding it being made known to the Imperial Port that as yet the French Ambassador did not desire to molest the said Merchants nor to force them under his Protection the first Article written in the French Capitulations that the Merchant-Strangers should come under their Protection was by the Imperial Command made void and annulled And to the end that according to the ancient Custom of the said Merchant-Strangers they should always come under the Banner and Protection of the Ambassador or Consuls of England and that never hereafter they should be vexed or troubled by the French Ambassador in this Point the said Ambassadors of his Majesty of England having desired that this Particular should be written and Enrolled in this new Imperial Capitulation this present Article was accordingly Inserted and by the Imperial Authority it is Commanded That for ever in time to come Merchants of the said Princes in the mentioned Form and according to this Imperial Command in their hand shall always be under the Banner and Protection of the Ambassador and Consuls of England XXXIV There shall never be permitted or granted any Imperial Commands contrary to the Tenor and Articles of this Imperial Command or Capitulation No Imperial Command contrary to these Articles to be granted nor in prejudice of this our Peace and Amity but in such occasion the cause shall first be certified to the Ambassador of England Residing at the Port to the end that he may answer and object any scandalous Action or other Pretence which might infringe the Peace and League XXXV The English Merchants of all the Merchandise which they shall bring or Transport in their Ships For enforcing Consulage having paid the Custom they shall also pay the Right of Consulage to the English Ambassador or Consul XXXVI The English Merchants Permission to Trade in all Parts of the Turks Dominions and all under their Banner shall and may safely throughout our Dominion Trade Buy Sell except only Commodities prohibited all sorts of Merchandise likewise either by Land or Sea they may go and Traffick or by the way of the River Tanais in Moscovia or by Russia and from thence may bring their Merchandize into our Empire also to and from Persia they may go and Trade and through all that part newly may go and Trade and through those Confines without the impediment or molestation of any of our Ministers and they shall pay the Custom and other Duties of that Country and nothing more XXXVII The English Merchants Three per Cent. Custom and all under their Banner shall and may safely and freely Trade and Negotiate in Aleppo Cairo Scio Smyrna and in all Parts of our Dominions and according to our ancient Customs of all their Merchandize they shall pay Three in the Hundred for Custom and nothing more XXXVIII The English Ships which shall come to this our City of Constantinople Vessels forced by Weather if by fortune of Seas or ill Weather they shall be forced to Coffa or to such like Port as long as the English will not unlade and sell their own Merchandise and Goods no man shall enforce them nor give them any trouble or annoyance but in all Places of danger the Caddees or other of our Ministers shall always protect and defend the said English Ships Men and Goods that no damage may come unto them and with their Money may buy Victuals and other Necessaries and desiring also with their Money to hire Carts or Vessels which before were not hired by any other to Transport their Goods from Place to Place no man shall do them any hindrance or trouble whatsoever XXXIX The English Nation Goods not Landed to pay no Custom of all the Merchandise which in their Ships shall be brought to Constantinople or to any other part of our Dominions which they shall not desire of their own accord to Land or Sell of such Goods there shall not be demanded or taken any Custom at arrival at any Port and having Landed their Merchandise and paid their Customs and other Duties they may quietly and safely depart without the molestation of any man XL. In regard English Ships coming into our Dominions Idem do use oftentimes to touch in some part of Africa and there take in Pilgrims and Mahometan Passengers to Transport them to Alexandria and arriving at that Port it seemeth that the Customers and other Officers do pretend to take Custom of all Goods which are found in their Ships before the Merchants are willing to Land any by occasion of which molestation they have forborn to Transport any Pilgrims And in like manner their Ships which come to Constantinople and carry divers Merchandise to Transport part thereof to other Places the Customers and Farmers would enforce to Land and pretend to take Custom thereof Wherefore we do Command That all the English Ships which with their Merchandise shall come into this Port of Constantinople Alexandria Tripoli of Suria Scanderoon or into any Port whatsoever of our Empire according to use they shall pay only Custom of such Goods which with their own will they shall design to sell and such other Merchandise as they discharge not from their Ships willingly our Customer shall not demand nor take Custom nor other Duties but they may Transport them whithersoever they please XLI And if it shall happen that any of the said English Nation Matters of Manslaughter or any under their Banner shall commit Manslaughter Bloodshed or any other like Offence or that there shall happen any Cause appertaining to the Law or Justice until the Ambassador or Consul shall be present to Examine the Cause the Judges nor other Ministers shall not Decide nor give any Sentence but such Controversie shall always be declared in the presence of the Ambassador or Consul to the end that no man be Judged or Condemned contrary to the Law and the Capitulations XLII Whereas it is written in the Imperial Capitulations that the Goods Landed out of any English Ship which shall come into our Dominions and pay Custom ought also to pay the Duty of Consulage to the English Ambassador or Consul Foreigners Consulage to be paid it seemeth that
aforesaid ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries It is therefore Agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour of those Provinces for the time being or any other Ministers of the King of Spain sufficiently authorised in this behalf shall friendly Treat and Conclude hereupon and also such further Priviledges Immunities and necessary Exemption suitable to the present state of Affairs shall be granted for the encouragement of the said Merchants and Adventurers and for the security of their Trade and Commerce as shall be agreed upon in a special Treaty that shall be made between both the Kings touching this Particular XXI The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively Freedom of Trade to Places in Amity or Neutrality with either Party shall with all security and liberty Sail to and Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII And they shall not be disturbed or disquieted in that liberty Not to be disturbed in that liberty by the Ships or Subjects of the said Kings respectively by reason of the Hostilities which are or may be hereafter between either of the said Kings and the aforesaid Kingdoms Countries and States or any of them which shall be in Friendship or Neutrality with the other XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned Contraband Goods and no other to be Confiscated being of Contraband and Prohibited they shall be taken out and Confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either Seized or Confiscated XXIV Moreover for better prevention of the Differences which might arise touching the meaning of forbidden Merchandise and of Contraband It is Declared and Agreed What are Contraband Goods That under this Name shall be comprehended all Fire-Arms as Ordnance Musquets Mortar-pieces Petards Bombs Granadoes Fire-crancels Fire-balls Musquet-rests Bandeliers Gunpowder Match Salt-petre and Bullets Likewise under the Name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this Name is likewise forbidden the Transportation of Souldiers Horses their Harnesses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise Exceptions to the above-mentioned Article to prevent all manner of Dispute and Contention It is Agreed That under the Name of forbidden Merchandise and of Contraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyl and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the Transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be Besieged and blocked up or surrounded XXVI It is also Agreed Goods belonging to either Party found on Enemies Ships to be Confiscated That whatsoever shall be found Laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain Aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be Confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain The power of the respective Consuls for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same Power and Authority in the execution of his Charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much Authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other Business Merchants not to be molested for Religion should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publick scandal or offence And the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publick scandal or offence XXIX That the People and Subjects respectively of one Kingdom Merchandises to be paid for onely in such Coin as shall be agreed upon in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other Species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers Merchants c. freely to enjoy their Houses Ware-houses c. And the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Warehouses and Magazines for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI To employ such Proctors Agents c. as they shall think fit The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the Obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left
them any more then unto my Officers which receive my Royal Rents and if the Ships wherein the said Fish is brought be great Ships that they cannot go up the River and that the same be put into Barques or Lighters the Judge of the Admiralty nor any other person may not put any Waiters or Keepers into the Barques or Lighters at the Charge of the Owners of them And I do also Command That if the said Fish shall appear to be rotten and that it cannot be spent that it be burnt or thrown into the Sea and that for this cause there shall not be any Cause or Action commenced against the Owners thereof or persons which shall sell it nor they shall not be Imprisoned nor Informed against And forasmuch as the Administers of the Customs and others of divers Duties which are received for the Fruits and Merchandises do use when any body doth Inform to have the person Imprisoned which sheweth himself to be party whereby happeneth to Men of Trade great Discredit Charges and Vexations My Will is and I do Command That in the said Information there shall be onely proceeded against the Merchandises and not against the Persons but they shall be permitted as I do permit them to make and they shall make their Defences in the said Vexation And forasmuch also as according to an Article of the said Peace which maketh mention of Matters in Religion notwithstanding that in some Suits they should declare whether they be Roman-Catholicks or not excusing themselves to give Faith to others which they take as Parties or as Witnesses I do also Command That concerning this Matter there be not done nor there shall not be done any thing with those which are born in the said Realm but onely that the said Condition be kept and accomplished and that no such Questions be put unto them giving unto the Oaths which they shall take in Judgment Court and without the same Faith and Credit which should be given in case they were Spaniards and herein you shall not receive any trouble or molestation nor there shall not be any grievance done unto you And whereas for the justification of some Causes the Judges and Justices do pretend that the Merchants of the said Nation should exhibit Books of their Contractions or Dealings I do Will and Command That the Books of the Merchants of the said Nation shall not be taken out of their hands for any cause whatsoever but they shall keep and shew them in their Houses to take out the Parcel which shall be appointed and others shall not be demanded of them nor there shall not be any other Papers taken from them upon Penalty that he which shall do here against shall be punished according to Law And forasmuch as the Merchants do dispatch the Merchandise from the Custom-house of the said City of Sivil of all Duties and because there are many which do make up a Sheet which is Subscribed and Signed by all the Officers and remaineth in the hand of the Alcayde of the Custom-house for that by virtue thereof the Merchandises are permitted to go forth which are in Fardels Packs Trunks and Cases and afterwards when they have taken them forth and put them into their Houses and Warehouses the chief Keeper of the Custom-house and the Officers of the half per Cent. do visit the House and Goods troubling and molesting them demanding of them the Dispatches it seeming unto them that they may detain them because they left the Dispatch in the hands of the said Alcayde of the Custom-house I do Prohibit and Command That the Houses of the said Merchants shall not be visited nor the Dispatches shall not nor may not be demanded of them in regard they have them not in their hands and this is to be understood and is understood of Houses which are within the Walls of the said City And to the end it may be known to you which are of the English Nation there is to be delivered unto you Copies of the said Priviledges and Exemptions which do concern you and which were Granted unto you as well by the Articles of Peace as by any other manner And for execution and accomplishment of all the Premisses I do Command those of my Council and those of my Councils Assemblies and Tribunals of my Court and the Presidents and Judges of my Audiences Alcaydes and Officers of my House and Court and Chanceries and the Regent and Judge of the Court of Degrees of the City of Sivil and chief Alcaldes of the Precincts thereof and all the Corrigidors Assistants and Governours chief Justices and Ordinaries as well in the said Cities of Sivil Cadiz Malaga and St. Lucar de Barameda as of all other Cities Towns and Places of these my Realms and Dominions and all other Judges and Justices whatsoever of what Quality or Condition soever they may be whom principally or incidentally may concern in any manner the accomplishment or performance of that which is contained in this Patent that presently so soon as they shall be by virtue thereof required or the Copy thereof Signed by a Notary publick that there be thereunto given as much faith as unto the Original and that every one in the Place where it shall concern him do observe and accomplish and cause the same to be observed accomplished and executed in and for all things as therein is contained and they shall not in all nor in part put upon you any Impediments nor any other Difficulties or Doubts nor do any thing against the tenor and form thereof nor consent or give way that it be interpreted limited or suspended in all or in part or that to the contrary be given any Sedidas Provisions or other Dispatches but for observation thereof in the Place which shall concern every one they shall give order and ordain to deliver unto you those which shall be necessary And for more firmness and validity of the Favour and Grace which by this my Patent I do Grant you and that at all times this Favour may be certain and sure unto you you are to keep or have a Judge Conservator in Andaluzia especially in the said Cities of Sivil Malaga Cadiz and St. Lucar de Barameda unto whom I am to give sufficient Commission for keeping and accomplishing the said Priviledges Liberties and Exemptions who shall constrain and compel all and whatsoever persons of what sort or quality they may be that shall concern the said Nation as well those which shall be Defendants accused as those which shall be Plaintiffs although the persons which shall accuse them and which shall be accused by them have private Judges as well by Consent as Agreement which they may have made by Preeminence or Priviledge which they hold to the end the said Judge Conservator may onely take knowledge privately of the said Courts and not any other Judge or Tribunal although it be by way of excess or notorious Justice or in any other matter or form
the Harbours of either not being of the Subjects or Inhabitants of either Nation they in or out of whose Haven or Jurisdiction the said Ships shall be taken shall be bound to endeavour with the other Party that the said Ship or Ships be pursued brought back and restored to the Owners but all this shall be done at the Charges of the Owners or whom it concerns XXX That Searchers and other like Officers on both Sides shall regulate themselves according to the Laws of either Nation Searchers c. to regulate themselves according to the Laws of the Country and shall not impose or demand more then they are allowed by their Commissions and Instructions XXXI That if any Injury be done or practised by either Nation or the Subjects or Inhabitants of the same against the Subjects or Inhabitants of the other or against any of the Articles of this present Treaty or against common Right No Letters of Marque to be granted but upon denial of Justice yet nevertheless no Letters of Reprisal Marque or Counter-marque shall be granted by either Side till Justice hath been first demanded according to the ordinary course of Law but in case Justice be there denied or delayed then that the said King of Great Britain and the said States General or Commissioners of that Nation whose Subjects and Inhabitants have suffered the Wrong shall publickly require Justice from that other Party where as abovesaid it was denied or delayed or from that Power appointed to hear and decide such Differences that there may be a friendly Composure or due Process of Law But if still there happen more delays and neither Justice be administred nor Satisfaction given within Three months after such Demand that then Letters of Reprisal Marque or Counter-marque may be granted XXXII It is also Agreed In case of a future War Six Months to be allowed for Ships c. to go away If at any time it happen which God of his mercy forbid that the Differences now Composed between His said Majesty and the said States General should fester and break out again into open War that then those Ships Merchandise or any kind of Moveables of either Party which shall be found to be and remain in the Ports and under the Command of the adverse Party on either Side shall not for all that be Confiscated or made obnoxious to any Inconvenience but the space of Six Months shall entirely be allowed to the Subjects and Inhabitants of either Party that they may have leisure to Transport from thence the forementioned things and any thing else that is theirs whither they shall think fit without any kind of Molestation XXXIII That they who have obtained private Commissions from either Party Privateers to give Caution before they receive such Commissions shall give good and sufficient Caution before the Judge of the Court where they receive such Commissions by responsible Men who have no part or share in such Ships that they shall do no Damage or Injury to the Subjects or Inhabitants of either Side XXXIV It is also Agreed and Concluded Each Party to to have free access to the others Ports That the Subjects and Inhabitants of either Party shall always have free access to each others Sea-Ports there to remain and from thence to depart with the same freedom and not onely with their Merchant-Ships and Lading but also with their Men of War whether they belong to the said King or States General or unto such as have obtained private Commissions whether they arrive through violence of Tempest or other Casualty of the Seas or to mend their Ships or to buy Provision so they exceed not the number of Eight Men of War when they come there voluntarily nor shall remain or abide longer in the Havens or Places adjacent then they shall have a just cause to repair their said Ships or to buy Victuals or other Necessaries Concerning Men of War coming to any Port. And if a greater number of Men of War should upon occasion desire to come unto such Ports they shall in no case enter thereinto until they have first obtained leave from those to whom the said Havens do appertain unless they be forced so to do by Storm or some force or necessity whereby they may avoid the danger of the Sea In which case also they shall presently make known the cause of their coming unto the Governor or chief Magistrate of the Place and shall stay no longer then the said Govenor or chief Magistrate shall permit them and shall not do any Acts of Hostility or other Prejudice in the aforesaid Havens during their abode there XXXV Furthermore it is Agreed and Concluded This Treaty to be observed That both Parties shall truly and firmly observe and execute this present Treaty and all and every the Matters contained therein and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation XXXVI Also for further caution and assurance that this Treaty and Confederacy shall be duly and bona fide observed on the part of the said States General of the United Provinces and their People It is Concluded and Agreed as also the said States General by these Presents do agree and firmly obblige and bind themselves Stateholder of Holland to Confirm this Treaty That all and every one whom they or the States of the Provinces shall at any time choose appoint or make Captain-General Governor or chief President or Stateholder General of Armies or Military Forces by Land or Admiral or General of the Fleets Ships or Forces at Sea shall be bound and obliged by Oath to Confirm this Treaty and all the Articles thereof and promise sacredly upon Oath That they shall as far as it is possible religiously observe and execute the same and as much as concerns them cause the same to be observed and executed by others XXXVII Under this present Treaty of Peace those shall be comprehended Who to be comprehended in this Treaty who shall be named by either Party with common Consent before the Exchange of Ratifications or within Six Months after But in the mean time as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be XXXVIII It is also Covenanted Concluded and Agreed About the Ratifications That the present Treaty and all and every thing and things therein contained and concluded shall be Confirmed and Ratified by the said King of
the Dutch may bring in their Ships into England For the Encouragement of Navigation in his own Subjects whereby Strangers are prohibited to Import any Commodities into England but such as are of their own Growth or Manufacture it may be lawful for the States General and their Subjects to carry also into England in their Ships all such Commodities as growing being produced or manufactured in Lower or Upper Germany are not usually carried so frequently and commodiously unto Sea-Ports thence to be Transported to other Countries any other way but through the Territories and Dominions of the United Netherlands either by Land or by Rivers III. Whereas the King of Great Britain hath heretofore pressed That Merchandise and Commodities on both Sides might be reduced to a certain and convenient Rule the States General also have always aim at the same Mark That Merchandise should be bounded and circumscribed within some certain Laws of perpetual Observation And yet that Business seems to require longer attention and labour then that it can be speedily dispatcht to the satisfaction of both Parties Commissioners for the Regulation of Trade to be appointed They are both content to remit the same unto a fitter Occasion that Commissioners on both Sides may meet together assoon as may be after this Peace is Concluded who may Resolve and Agree about specifying and circumscribing the Species of Commodities and the Laws of Navigation and may set the same down in new and mutual Covenants Yet lest in the mean time the Inhabitants and Subjects of both Parties should be in suspence and doubt as not knowing what kinds of Commodities it may be lawful or unlawful to carry or supply unto the Enemy of either Party after the manner and form of Warlike Provisions or Succours or under the title or pretence of Merchandise It is likewise Covenanted and Agreed That the Treaty of Navigation and Commerce made between the Most Christian King and the said States General beginning from the 26. unto the 42. Article inclusively in that manner and tenor wherein they follow here inserted in the French Language may provisionally serve for a Rule and Law and so make way for the perfecting of a larger and fuller Treaty concerning Maritime Commerce between the above-mentioned Parties The foresaid Articles follow 26. All the Subjects and Inhabitants of France may with all safety and freedom Sail and Traffick in all the Kingdoms Freedom of Trade with Places in Peace Amity or Neutrality Countries and Estates which are or shall be in Peace Amity or Neutrality with France without being troubled or disquieted in that Liberty by the Ships Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with France 27. This Transportation and Traffick shall extend to all sorts of Merchandise except those of Contraband 28. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances Contraband Goods as Cannon Musquets Mortar-Pieces Petards Bombs Granadoes Saucisses Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-pieces Cuirasses Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War 29. In this quality of Contraband Goods these following shall not be comprehended Wheat Corn c. no Contraband Goods Wheat Corn and other Grain Gums Oyls Wines Salt nor generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested 30. It hath been Agreed That the Execution of what is abovesaid shall be performed in the manner following Ships entring into Port with intention to pass to an Enemies Port not to be Scarched upon shewing their Passports That the Ships and Barques with the Merchandise of his Majesties Subjects being entred into any Port of the said States General and purposing to pass from thence unto the Ports of the said Enemies shall be onely obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal and Signing acknowledged by the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever 31. The same course shall be used in regard of the French Ships and Barques which shall come into any Roads of the Countries under the Obedience of the said States The same concerning Ships coming into Roads not to give an account of their Lading not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid 32. And in case of such apparent suspicion Nor to shew Passports but in case of suspicion the said Subjects of His Majesty shall be obliged to shew in the Ports their Passports in the Form above specified 33. But if they were come within the Roads Ships at Sea how to be Visited or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces shall come no nearer unto the French Barques then within Cannon-shot and may send their Long-Boat or Shallop on Board the French Ships or Barques and cause onely two or three Men to go on Board unto whom the Passports and Certificates shall be shewn by the Master or Pilot of the French Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty by which Passports and Certificates proof may be made not only of the Lading but also of the Place of the Abode and Residence as well of the Master and Pilot as of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master and Pilot may sufficiently appear Unto which Passports and Certificates entire faith and credit ought to be given And to the end that their validity may be the better known and that they may not be in
any wise falsified and counterfeit certain Marks and Countersigns of His Majesty and the said States General shall be given unto them 34. And in case any Merchandise and Commodities of those kinds which are before declared to be Contraband and forbidden Contraband Goods found on Board to be Confiscated onely and no other shall by the means aforesaid be found in the French Vessels and Barques bound for the Ports of the said States Enemies they shall be unladen and declared Confiscate before the Judges of the Admiralty of the United Provinces or other competent Officers But so that the Ship and Barque or other free and allowed Goods Merchandise and Commodities found in the same Ship may not for that cause be in any manner Seized or Confiscate 35. It was furthermore Agreed and Covenanted Goods found in an Enemies Ship to be Confiscated That whatsoever shall be found Laden by His Majesties Subjects upon a Ship of the Enemies of the said States although the same were not Contraband Goods shall yet be Confiscate with all that shall be found in the said Ship without exception or reservation But on the other Side also all that shall be and shall be found in the Ships belonging to the Most Christian Kings Subjects Free Ship free Goods except Contraband shall be free and discharged although the Lading or part thereof belong to the said States Enemies Except Contraband Goods in regard whereof such Rule shall be observed as hath been ordered in the precedent Articles 36. All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights All Rights and Exemptions to be enjoyed reciprocally Liberties and Exemptions in their Trade and Commerce within the Ports Roads Seas and Estates of His said Majesty as hath been newly said which His said Majesties Subjects shall enjoy in those of the said States and in open Sea It being to be understood that the equality shall be mutual every way on both Sides And even in case the said States should hereafter be in Peace Amity and Neutrality with any Kings Princes and States who should become Enemies to His said Majesty either of the Parties are mutually to use the same Conditions and Restrictions expressed in the Articles of this present Treaty which regard Trade and Commerce 37. And the more to assure the Subjects of the said States Captains of Ships not to molest the others Subjects that no violence shall be offered them by the said Ships of War all the Captains of the Kings Ships and others His Majesties Subjects shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for the Damages and Interests suffered and to be suffered until due Restitution and Reparation be made 38. And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out Captains and Privateers to give Security to give good and sufficient Security before competent Judges in the Sum of Fifteen thousand Livres Tournois to answer every one by himself for the Miscarriages they may commit in their Courses at Sea and for their Captains and Officers violations of this present Treaty and of the Orders and Proclamations of His Majesty which shall be published by virtue and in conformity of the Regulation therein made upon pain of being Cashier'd and forfeiting the said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General 39. If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods as hath been said About Prizes Laden with Contraband Goods the said Captains may not open nor break up the Chests Mayls Packs Bags Cask and other Boxes or Transport Sell or Exchange and otherwise alienate them until they have Landed in the presence of the Judges of the Admiralty and after an Inventory hath by them been made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master or Pilot of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master or Pilot shall by no means be hindred from continuing his course and the design of his Voyage 40. His Majesty being desirous that the Subjects of the said States may be used in all Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given with all Equity will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Persons not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to their Forms 41. And when the Ambassadors of the said States General or any other of their Publick Ministers Residing in His Majesties Court Upon complaint of Judgment a Review to be granted within Three Months shall make Complaint of the Judgments which shall be given His Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to reason which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are claimed may not be sold or unladen unless it be with consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable 42. When Process shall be moved in the first or second Instance between those that have taken the Prizes at Sea Persons interessed in a Ship taken obtaining a favourable Judgment to have its Execution upon Security and the persons interessed therein and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty IV. It is also Covenanted That these above-written Separate Articles Ratifications Exchanged within Four Weeks and all and every thing
therein contained and concluded shall be Confirmed and Ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged at Breda within the foresaid time and the same shall be Published after the Delivery and Exchange thereof in the usual Form and Place Done at Breda the 21 31 day of July 1667. A Form of the Passports and Certificates that ought to be given in the Admiralty of France to the Ships and Barques that go out thence according to the Article of the present Treaty CAEsar Duke of Vendome Peer and Great Master Chief and Superintendant General of the Navigation and Commerce of France To all who shall see these Presents Greeting We do make known That we have granted leave and permission to _____ Master and Conductor of a Ship called _____ of the City of _____ of the Burthen of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his Departure shall make Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of the Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put into the Registry the Roll Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall make appear to the Officers and Marine Judges concerning the present Licence and shall make them faithful relation of what hath been done and hath passed during his Voyage and shall carry the Flags Arms and Colours both the Kings and Ours throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed Caesar of Vendome And underneath By my Lord Matharel and Sealed with the Seal of the Arms of the said Lord Admiral A Form of the Act containing the Oath WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Made at _____ the day of _____ One thousand six hundred c. Another Form of the Certificates that ought to be given by the Cities and Sea-Ports of the Vnited Provinces to the Ships and Barques that go from thence according to the Article abovesaid TO the Most Serene Most Illustrious Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings commonwealths Princes Dukes Comties Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all good Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomasters and Governors of the City of _____ do make known That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the United Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you all in general and particular that where the abovesaid Master shall arrive with his Ship and Goods it may please them to receive him courteously and use him in due manner suffering him upon the usual Rights of Tolls and other Charges in through and nigh your Ports Rivers and Territories permitting him to Sail Pass Frequent and Trade there where he shall think fit Which we shall willingly acknowledge In witness whereof We have caused the Seal of Our City to be thereunto put Articles touching Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded at the Hague the 7 17 Febr. 1667 8. WHEREAS Preface by the Blessing of Almighty God for the mutual Safety of the two Parties as well as the common Good of Christendom a Perpetual Defensive Treaty was Concluded and Signed on the 23. day of January last past between the Most Serene and Most Potent Prince Charles the Second and the High and Mighty Lords the States General of the United Netherlands with Stipulation of considerable Succours to be mutually given by the Parties as well by Sea as Land And whereas the said King and States did on the same Day and by another Instrument readily Enter into a Solemn Treaty and Agreement for Composing the Affairs of their Neighbours and restoring Peace to Christendom so as nothing seems now remaining that can at any time hereafter interrupt a Friendship and Alliance renewed with so equal Desires unless such Controversies as may otherwise hereafter happen to arise about determining the different sorts and natures of Merchandise which being left dubious and uncertain would give occasion to the further growth of such Differences And therefore that it may appear with what Sincerity and good Faith the said King and the said States desire to Preserve and Entertain not onely for the Present but to all Posterity the Amity they lately Contracted between them they have at last for the taking away all Grounds not onely of Differences and Misunderstandings but even of Questions and Disputes and so utterly to cut off the Hope and Expectation of those whoever they are that may think it their Interest by new Controversies to endeavour the disturbance or interruption of the said Peace mutually Agreed on these following Articles which are to be on both Sides and for ever observed as the Measure and Rule of such Maritime Affairs and mutual Settlement of Trade or at lest so long till by the joynt Consent of both Parties Commissioners be appointed and do meet in order to the framing a more full and ample Treaty concerning this Matter and the Laws and Rules of Commerce and Navigation as by farther Experience shall be found most advantageous to the common Good of both Parties I. ALL the Subjects and Inhabitants of Great Britain may with all safety and freedom English to Trade freely with any Country in Peace or Neutrality with them Sail and Traffick in all the Kingdoms Countries and Estates which are or shall be in Peace Amity or Neutrality with Great Britain without being
troubled or disquieted in that Liberty by the Ships of War Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with Great Britain II. This freedom of Navigation and Traffick shall extend to all sorts of Merchandise To extend to all Goods but Contraband except those of Contraband III. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances as Cannon Musquets What Goods are Contraband Mortar-Pieces Petards Bombs Granadoes Fire-crancels Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-Pieces Coats of Mayl Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War called in French Assortissemens servans al usage de la Guerre IV. In this quality of Contraband Goods Corn Wheat c. not Contraband these following shall not be comprehended Corn Wheat or other Grain and Pulse Oyls Wines Salt or generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested V. It hath been Agreed English Ships going to an Enemies Port not to be molested upon shewing their Passports for the due Execution of what is abovesaid That the Ships and Barques of the English Laden with Merchandise being entred into any Port of the said States General and purposing to pass from thence unto the Ports of their Enemies shall be only obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal of the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever VI. The same course shall be used in regard of the English Ships and Vessels which shall come into any Roads of the Countries under the Obedience of the said States Ships coming into Roads not obliged to give an account of their Lading but upon suspicion of carrying Contraband Goods not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid VII And in case of such apparent suspicion In which case to shew their Passports the said Subjects of his Majesty shall be obliged to shew in the Ports their Passports in the Form above specified VIII But if they were come within the Roads Concerning Searching Ships at Sea or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces or of their Subjects shall not come near within Cannon-shot of the English but shall send out their Long-Boat and cause onely two or three Men to go on Board the English Ships or Vessels unto whom the Passports and Certificates of the Propriety of the Ships shall be shewn by the Master or Captain of the English Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty Upon producing their Passports not to be moleâ—â—ed by which Passports and Certificates proof may be made not onely of the Lading but also of the Place of the Abode and Residence of the Master or Captain and Name of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master or Captain may sufficiently appear Unto which Passports and Certificates entire faith and credit shall be given And to the end that their validity may be the better known and that they may not be in any wise falsified and counterfeit certain Marks and Countersigns of his Majesty and the said States General shall be given unto them IX And in case any Merchandise and Commodities of those kinds which are before declared to be Contraband and forbidden Contraband Goods found on Board to be Confiscated onely and no other nor the Ship shall by the means aforesaid be found in the English Ships and Vessels bound for the Ports of the said States Enemies they shall be unladen Judicially proceeded against and declared Confiscate before the Judges of the Admiralty of the United Provinces or other competent Officers But so that the Ship and Vessel or other free and allowed Goods Merchandise and Commodities found in the same Ship may not for that cause be in any manner Seised or Confiscate X. It is furthermore Agreed and Covenanted Free Ship free Goods per contra That whatsoever shall be found Laden by his Majesties Subjects upon a Ship of the Enemies of the said States although the same were not Contraband Goods shall yet be Confiscate with all that shall be found in the said Ship without exception or reservation But on the other side also all that shall be found in the Ships belonging to the King of Great Britain's Subjects shall be free and discharged although the Lading or part thereof belong to the said States Enemies except Contraband Goods in regard whereof such Rule shall be observed as hath been ordered in the precedent Articles XI All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights All Priviledges to be enjoyed reciprocally Liberties and Exemptions in their Trade and Commerce upon the Coasts and in the Ports Roads Seas and Estates of his said Majesty as was now said which his said Majesties Subjects shall enjoy in those of the said States and in open Sea It being to be understood that the equality shall be mutual every way on both Sides even in case the said States should hereafter be in Peace Amity and Neutrality with any Kings Princes and States who should become Enemies to his said Majesty so that either of the Parties are murually to use the same Conditions and Restrictions expressed in the Articles of this present Treaty which regard Trade and Commerce XII And the more to assure the Subjects of the said States Captains and Privateers liable to make good any Damage they
shall do that no violence shall be offered them by the Ships of War belonging to his Majesty of Great Britain or his Subjects all the Captains of the Kings Ships and all his Majesties Subjects that set out private Men of War shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for all Costs and Damages until due Restitution and Reparation be made XIII And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out To give Security to that end to give good and sufficient Security before competent Judges in the Sum of Fifteen hundred pounds Sterling or Fifteen thousand Livres Tournois that they will give full satisfaction for any Injuries or Wrongs they may commit in their Courses at Sea and for their Captains and Officers that shall violate this present Treaty and the Orders and Proclamations of His Majesty which shall be published by virtue and in conformity to the Regulation therein made upon pain of forfeiting their said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General XIV If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods Contraband Goods taken not to be opened but in presence of the Officers of the Admiralty as hath been said the said Captains may not open nor break up the Chests Mayls Packs Bags Cask or Sell or Exchange or otherwise alienate them until they have Landed them in the presence of the Judges or Officers of the Admiralty and after an Inventory by them made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master shall by no means be hindred from continuing his course and the design of his Voyage XV. His Majesty being desirous that the Subjects of the said States may be used in all Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given equitably will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Judges not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to the tenor of them XVI And when the Ambassadors of the said States General Upon complaint of Judgment a Review to be granted within Three Months or any other of their Publick Ministers Residing in his Majesties Court shall make Complaint of the Judgments which shall be given his Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to Right and Equity which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be sold or unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are reclaimed may not be sold or unladen unless it be with the consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable XVII When Process shall be moved in the first or second Instance between those that have taken the Prizes at Sea and the persons interessed therein The interessed in a Ship taken obtaining a favourable Judgment the same to have its Execution upon Security and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary where the Sentence goes against the Claimers And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty XVIII But since the Conveniences and Inconveniences of Things and Agreements cannot be discovered but in procedure of Time and by Observations drawn from mutual Experience Commissioners to be appointed for the supplying of what shall be found wanting in this Treaty It is therefore Agreed between the said King of Great Britain and the said Lords the States of the Vnited Netherlands That at any time hereafter when both Parties shall so think it fitting certain Commissioners by each Party respectively chosen shall meet by the common Consent of both who shall make it their Care and Business to supply what ever shall be found wanting in the aforementioned Articles to change or limit what ever shall not be convenient and commodious for both and fully compleat a further Treaty both concerning these things and all other the Laws of Navigation XIX All these Agreements Ratification within Four Weeks and all and every thing therein contained shall be Confirmed and Ratified by the said King of Great Britain and the States General of the Vnited Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged by each Party within the time aforesaid Here follow certain Forms whereof mention is made in the Eighth Article A Form of the Certificates that ought to be given by those that have the ordinary Power of the Admiralty of England to the Ships and Vessels that go out thence according to the Eighth Article of the present Treaty High Admiral of England To all who shall see these Presents Greeting These are to certifie That we have granted leave and permission to _____ Master and Captain of the Ship called _____ of the City of _____ of the Burden of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his departure shall have made Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of these Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put
Lazaretto or to make Purgation as also the Lazaretto Duties or Expence of Goods that make Purgation is with other Particulars contained in a Paper of the Rates of the Lazaretto Duties at the end of this Instrument which never canor may be changed or altered without the consent of the Consul and the major part of the Merchants residing in the said Ports VI. Sixthly The Kings Subjects to enjoy the Priviledge of Protection against Strangers not one another Because Ports which are called Free are wont to give Protection and Refuge to Bankrupts or Persons that Fail and Break with other Mens Estates The same Piety of his Majesty which Protects those who are good Punishes them that are bad Therefore as to what concerns his Majesties Subjects 't is Covenanted and Agreed notwithstanding whatsoever Edicts published That his Majesties Subjects be wholly deprived and utterly cut off from enjoying that Protection which is commonly called Safe Conduct reserving to every Subject of his Majesty his proper Right Likewise all his Majesties Subjects shall be deprived of the benefit of Protection or Safe Conduct who shall commit any Crimes whatsoever against his Majesty as also all of his Majesties Subjects whether Master Mariners or others who shall be guilty of Barratry to whom as also to all Pirates and Robbers at Sea who are his Majesties Subjects all Licence shall be denied of Selling Goods or Merchandise or Contracting for them in the said Ports But in regard all that is mentioned in the foregoing part of this Article relates only to his Majesties Subjects 't is Covenanted likewise and Agreed in favour of the said Subjects that they shall fully and entirely against all Strangers as well as all Strangers against them enjoy the Priviledge of Safe Conduct or Protection promised and published in the Edict of a Free Port By his Royal Highness VII Seventhly English Inhabiting in the Port of Nizza c. to be free from Taxes All the Subjects of his Majesty who live at Nizza Villa Franca or S. Hospitio in order to Trade or otherwise are declared free and clear from all Tributes Taxes or Levies of Moneys which are or shall be Imposed by his Royal Highness VIII Eighthly Not to be Subject to Arrests c. without a Legal preceding Citation 'T is likewise declared That the Persons of his Majesties Subjects residing at Nizza Villa Franca or S. Hospitio shall not be liable or subject to Arrest or Imprisonment or their Goods to Seisure or Sequestration for any Civil Causes unless a Legal Citation has first preceded But in Criminal Causes which are punished with Death or Corporal Punishment they shall be subject to Imprisonment without Citation IX Ninthly Liberty of Conscience It is permitted and shall be lawful to all and every one of the Subjects of his Majesty of Great Britain c. dwelling in the said Ports to live in their own Religion after the same manner that is permitted either at Genoua or Legorn and a convenient and decent Place of Burial shall be allotted and assigned for the Interrment of such of his Majesties Subjects as shall decease in the said Places X. Tenthly About the Deciding of Controversies Since that nothing doth more torment any Man then Controversies in Law before Tribunals of Judicature in regard of the great Expence both of Time and Money But more especially one who is a Stranger to the Customs of the Place and an Alien to the Laws Therefore it is Covenanted and Agreed between his Majesty of Great Britain c. and his Royal Highness That all Differences or Controversies whatsoever which shall arise between Subject and Subject of his Majesty or between the said Subjects and any Person that is no Subject of his Majesty shall be only Pleaded before A Judge to be chosen and called the Delegate of the English Nation and be Decided only by a Judge who shall be called the Delegate of the English Nation which Delegate shall always be chosen by the Subjects of his Majesty who live at Nizza Villa Franca or S. Hospitio Provided always that the Election be made out of the number of those Ministers of his Royal Highness which Constitute the Consuls of the Sea The Delegate so chosen shall be continued during the Pleasure of the National Electors Provided that this Continuation be no longer time than what is limited by his Royal Highness for the Period of the Office of the rest of the Consuls of the Sea When this Delegate is Elected the Nation shall Present him to his Royal Highness with a Petition that by his Authority he may be appointed to Exercise this Charge By which Authority being Constituted To Decide all Controversies he shall with brevity and expedition Decide and Determine all the aforesaid Controversies without the Formality of Legal Processes according to the validity and weight of Reason having regard only to the truth of the Fact No Appeal but to the Tribunal of the Consuls of the Sea And all this shall be done without any Costs Charges or Expence except only the bare payment of the Writing From the Sentence given by this Delegate there shall no Appeal be made or allowed except to the Tribunal of the Consuls of the Sea residing at Nizza where the Delegate himself is to be one and sits as one of the Judges from which Tribunal no Appeal is to be admitted But if in the progress of time his Majesties Subjects in the said Ports become numerous which is to be hoped from the good and well composed Laws iâ— any Inconvenience be found in the Deciding of Controversies according to the manner prescribed then as to whatsoever Controversies which shall happen and arise only between Subject and Subject of his Majesty the following Rule for an unappealable Deciding of them shall be Established and Confirmed between his Majesty and his Royal Highness which then is to be in full force and vigour from that time which his Majesty shall require it of his Royal Highness The Form or Rule is this The Subjects of his Majesty shall choose out of the number of the English Nation Three Controversies amongst the English to be Decided by Arbitration which for Life and Manners are esteemed Men of the greatest Integrity amongst them these Three they shall humbly Present to his Royal Highness that he may benignly please to appoint One of them who under the Title of Delegate of his Royal Highness is to Exercise the Office which shall immediately be declared By whose Authority when he shall be Constituted and to that purpose has obtained Letters from his Royal Highness he shall notwithstanding be incapable of Exercising his Charge till he hath first taken Oath before the already mentioned National Delegate or in his absence before some other of the Consuls of the Sea residing at Nizza for his Royal Highness These things premised when a Controversie or Difference shall arise or happen the I laintiff and
other in America shall be expunged out of remembrance and buried in Oblivion as if no such thing had ever past Moreover English to keep what they possess at present in America It is Agreed That the Most Serene King of Great Britain his Heirs and Successors shall have hold keep and enjoy for ever with plenary Right of Sovereignty Dominion Possession and Propriety all those Lands Regions Islands Colonies and Places whatsoever being or situated in the West-Indies or in any part of America which the said King of Great Britain and his Subjects do at present hold and possess So as that in regard thereof or upon any Colour or Pretence whatsoever nothing more may or ought to be urged nor any Question or Controversie be ever moved concerning the same hereafter VIII The Subjects and Inhabitants Merchants Captains Masters of Ships Mariners of the Kingdoms Provinces and Dominions of each Confederate respectively shall abstain and forbear to Sail and Trade in the Ports and Havens which have Fortifications Castles Magazines or Warehouses Sailing to or Trading in each others Ports in America forbidden and in all other Places whatsoever possessed by the other Party in the West-Indies to wit The Subjects of the King of Great Britain shall not Sail unto and Trade in the Havens and Places which the Catholick King holdeth in the said Indies Nor in like manner shall the Subjects of the King of Spain Sail unto or Trade in those Places which are possessed there by the King of Great Britain IX But if at any time hereafter either King shall think fit to grant unto the Subjects of the other any general or particular Licence or Priviledges of Navigating unto Except by Licence and Trading in any Places under his Obedience who shall grant the same The said Navigation and Trade shall be exercised and maintained according to the Form Tenor and Effect of the said Permissions or Priviledges to be allowed and given For the Security Warrant and Authority whereof this prsent Treaty and the Ratification thereof shall serve X. It is also Agreed In case the Ships of either Party be sorced into the others Harbours in America they shall be protected and have leave to buy Victuals and freely go away again That in case the Subjects and Inhabitants of either of the Confederates with their Shipping whether publick and of War or private and of Merchants be forced at any time through stress of Weather pursuit of Pirates and Enemies or other Inconvenience whatsoever for the seeking of Shelter and Harbour to retreat and enter into any of the Rivers Creeks Bays Havens Roads Shores and Ports belonging to the other in America they shall be received and treated there with all humanity and kindness and enjoy all friendly protection and help And it shall be lawful for them to refresh and provide themselves at reasonable and the usual Rates with Victuals and all things needful either for the sustenance of their Persons or reparation of their Ships and conveniency of their Voyage And they shall in no manner be detained or hindred from returning out of the said Ports or Roads but shall remove and depart when and whither they please without any let or impediment XI Likewise In case of Shipwrack Persons saved not to be kept Prisoners if any Ships belonging to either Confederate their People and Subjects shall within the Coasts or Dominions of the other stick upon the Sands or be Wrack'd which God forbid or suffer any Damage the Persons Shipwrack'd and cast on the Shore shall in no sort be kept Prisoners but on the contrary all friendly Assistance and Relief shall be administred to their Distress and Letters of Safe-conduct given them for their free and quiet Passage thence and the return of every one to his own Country XII But when it shall happen In case three or four Ships come together into any Port not to stay without leave from the Governor nor to Trade that the Ships of either as is above-mentioned through danger of the Sea or other urgent Cause be driven into the Ports and Havens of the other if they be three or four together and may give just ground of Suspicion they shall immediately upon their arrival acquaint the Governor or chief Magistrate of the Place with the Cause of their coming and shall stay no longer then the said Governor or chief Magistrate will permit and shall be requisite for the furnishing themselves with Victuals and Reparation of their Ships And they shall always take care not to carry out of their Ships any Goods or Packs exposing them to Sale neither shall they receive any Merchandise on Board nor do any thing contrary to this Treaty XIII Both Parties shall truly and firmly observe and execute this present Treaty Both Parties shall cause this Treaty to be kept and all and every the Matters therein contained and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation XIV No private Injury shall in any sort weaken this Treaty No Reprisals but in case of denying or unreasonably delaying Justice nor beget Hatred or Dissentions between the foresaid Nations but every one shall answer for his own proper Fact and be prosecuted thereupon Neither shall one Man satisfie for the Offence of another by Reprisals or other such like odious Proceedings unless Justice be denied or unreasonably delayed in which case it shall be lawful for that King whose Subject hath suffered the Loss and Injury to take any Course according to the Rules and Method of the Law of Nations until Reparation be made to the Sufferer XV. The present Treaty shall in nothing derogate from any Preeminence This Treaty not to prejudice eithers Dominion in those Seas Right or Dominion of either Confederate in the American Seas Channels or Waters but that they have and retain the same in as full and ample manner as may of right belong unto them But it is always to be understood that the Liberty of Navigation ought in no manner to be disturbed where nothing is committed against the genuine sence and meaning of these Articles XVI Lastly Ratification The solemn Ratifications of this present Treaty and Agreement made in due Form shall be delivered on both Sides and mutually Exchanged within the space of Four Months from this Day And within Eight Months to be computed from the said Exchange of the Instruments or sooner if possible they shall be Published in all convenient Places throughout the Kingdoms States Islands and Dominions of both Confederates as well in the West-Indies as elsewhere In Testimony of all and singular the Contents hereof We the above-mentioned Plenipotentiaries have Signed and Sealed this present Treaty at Madrid the 8 18 Day of July in the Year of our Lord 1670. The Count of Penaranda L. S. William Godolphin L. S. Articles of Alliance and Commerce between the Most Serene and Potent Prince Charles
Exaction at Goletta to be reduced as heretofore shall be reduced to the ancient Customs in those Cases III. That there shall be no Seizure of any Ships of either Party at Sea or in Port Ships to pass quietly but that they shall quietly pass without any molestation or interruption they displaying their Colours And for prevention of all Inconveniences that may happen the Ships of Tunis are to have a Certificate under the Hand of the English Consul there that they belong to the Place which being produced the English Ship shall admit two Men to come on Board them peaceably Passengers and Goods of other Nations on Board English Ships to be free to satisfie themselves that they are English and although they have Passengers of other Nations on Board they shall be Free both them and their Goods IV. That if any English Ship shall receive on Board them any Goods or Passengers belonging to the Kingdom of Tunis English Ships to defend Goods or Passengers belonging to Tunis on Board them they shall be bound to defend them and their Goods so far as lieth in their power and not deliver them unto the Enemy V. That if any of the Ships of either Party shall by accident of foul Weather Goods of Ships cast away and Persons to be free and saved or otherwise be cast away upon the Coast belonging to either Party the Persons shall be free and the Goods saved and delivered to the Proprietors thereof VI. That the English that do at present English Inhabiting at Tunis may have liberty to leave the Place or shall at any time hereafter Inhabit in the City or Kingdom of Tunis shall have free liberty when they please to Transport themselves with their Families and Children although born in the Country VII That the People belonging to the Dominions of either Party shall not be abused with ill Language Those that abuse the Subjects of either Party to be punished or otherwise ill treated but that the Parties so offending shall be punished severely according to their desert VIII That the Consul English not obliged to Address to any for Justice but the Dey or any other of the English Nation Residing in Tunis shall not be forced to make his Addresses in any Difference unto the Court of Justice but unto the Dey himself from whom only they shall receive Judgment IX That the Consul No English obliged to pay the Debts of another or any other of the English Nation shall not be liable to pay the Debts of any particular persons of the Nation unless obliged thereunto under his Hand X. That all the Ships of War belonging unto the Dominions of either Party Freedom of Ports for Repairing c. shall have free liberty to use each others Ports for Washing Cleansing and Repairing any their Defects And to buy Victuals and Necessaries without paying Custom and to buy and to Ship off any sort of Victuals alive or dead or any other Necessaries at the Price the Natives buy it in the Market without paying Custom to any Officer XI That in case any Ships of War belonging to the Dominions of Tunis English taken on Board Foreign Ships if Passengers to be free if Mariners to be Slaves shall take in any of their Enemies Ships any Englishman Serving for Wages they are to be made Slaves but if Merchants or Passengers they are to enjoy their Liberty and Goods free and entire XII That if any Ship of War belonging to the Kingdom of Tunis English Ship not wearing English Colours if taken to be Prize Fighting under his own Colours with any Ship not wearing English Colours and shall surprize under the same the said English Ship shall be Prize notwithstanding the Peace XIII That in case any Slave in the Kingdom of Tunis A Slave getting on Board any English Ship the Consul not liable to pay his Ransom unless upon notice given of any Nation whatsoever shall make his escape and get on Board any Ship belonging to the Dominions of his Sacred Majesty the King of Great Britain c. the Consul shall not be liable to pay his Ransom unless timely notice be given him to order that none such be Entertained and then if it appear that any Slave hath so got away the said Consul is to pay to his Patron the Price for which he was sold in the Market and if no Price be set then to pay Three hundred Dollars and no more These Articles aforementioned are to remain firm for ever This Treaty to be perpetual and in Particulars not mentioned here the Capitulations with the Grand Signor to be observed without any Alteration and in all other Particulars not mentioned in these Articles the Regulation shall be according to the Capitulations General with the Grand Signior Signed and Sealed in the presence of the Great God L. S. L. S. L. S. L. S. WHereas there were Articles of Peace between his Sacred Majesty the King of Great Britain c. and the Most Excellent Signiors Mahomet Bassa the Duana of the Noble City of Tunis Hagge Mustapha Dey Morat Bey and the rest of the Souldiers in the Kingdom of Tunis Made and Concluded by the said Most Excellent Signiors on the one Part and by Sir John Lawson Knight on the other Part the Fifth day of October 1662. WE the Most Excellent Signiors The Treaty in 1662 Renewed present Governors of the Noble City and Kingdom of Tunis Mustapha Bassa Hagge Mami Dei the Duana Morat Bei Mahomet Hosse Bei and the rest of the Souldiers in the Kingdom of Tunis have Seen Perused and Approved the said Articles and do now by these Presents Accept Approve Ratifie and Confirm all and every the afore-mentioned Articles of Peace in the same Manner and Form as they are Inserted and Repeated in the said Articles the which are hereunto adjoyning hereby firmly promising on Our Faiths Sacredly to maintain the said Peace and Agreement Our Selves and do cause all Our People of what Degree or Quality soever punctually and inviolably to observe and keep all and every the Articles thereof for ever And if any of Our said People shall at any time violate and break any part of the said Articles they shall be punished with greatest Severity at their Return into the Dominions of Tunis Confirmed and Sealed in the Presence of Almighty God in Our House in the Noble City of Tunis the last Day of the Moon Delcadi and the Year of Hegira 1085 being the Fourth Day of February Old Stile and the Year of the Lord Jesus Christ 1674 5. L. S. Divan L. S. Hosse Bey L. S. Morat Bey L. S. Bashaw L. S. Dey L. S. Hamitt Bey Articles of Peace and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords the Bashaw Dey Aga Divan
shall not compel the Ship to go out of her Course to any Port he thinks fit but shall forthwith dismiss her and upon no account hinder her from freely prosecuting her designed Voyage VIII It is further Agreed Free Ship free Goods e contra That whatsoever shall be found Laden by his Majesties Subjects upon any Ship whatsoever belonging to the Enemies of the Lords the States although the same be not of the quality of Contraband Goods may be Confiscated But on the contrary all that which shall be found in the Ships belonging to the Subjects of his Majesty shall be accounted Clear and Free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of the Lords the States Except always Contraband Goods which being intercepted all things shall be done according to the Meaning and Direction of the precedent Articles And by the same reason whatsoever shall be Laden by the Subjects of the Lords the States in any Ship whatsoever belonging to the Enemies of his Majesty although the same be not of the quality of Contraband Goods may be Confiscated But on the other side all that which shall be found in the Ships belonging to the Subjects of the Lords the States shall be accounted Clear and Free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of his Majesty Except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles Goods Laden before War is Declared by either of the Parties against a third State in whose Ship the said Goods are not to be forfeited And least any Damage should by Surprise be done to the one Party who is in Peace when the other Party shall happen to be Engaged in War It is Provided and Agreed That a Ship belonging to the Enemies of the one Party and Laden with Goods of the Subjects of the other Party shall not infect or render the said Goods liable to Confiscation in case they were Laden before the expiration of the Terms and Times hereafter mentioned after the Declaration or Publication of any such War viz. If the Goods were Laden in any Port or Place between the Places or Limits called the Soundings and the Naz in Norway within the space of Six weeks after such Declaration Of Two months between the said Place the Soundings and the City of Tangier and of Ten weeks in the Mediterranean Sea Or within the space of Eight months in any other Country or Place of the World So that it shall not be lawful to Confiscate the Goods of the Subjects of his Majesty taken or seised in any Ship or Vessel whatsoever of any Enemy of the Lords the States upon that Pretence but the same shall be without delay restored to the Proprietors unless they were Laden after the expiration of the said Terms of Time respectively but so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the reason aforesaid shall not be liable to Confiscation Neither on the other side shall it be lawful to Confiscate the Goods of the Subjects of the Lords the States taken or seised in any Ship or Vessel whatsoever of an Enemy of his Majesty upon that Pretence but the same shall be forthwith restored to the Proprietors thereof unless they were Laden after the expiration of the said Terms of Time respectively But so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the reason aforesaid shall not be liable to Confiscation IX And the more to assure the Subjects of his Majesty and of the said States that no Injury shall be offered to them by the Ships of War or Private Men of War of either side all the Captains of the Ships as well of his Majesty as of the said States Privateers and Companies to make Restitution in case of a Contravention and all their Subjects who shall set out Private Men of War and likewise their Priviledged Companies shall be enjoyned not to do any Injury or Damage whatsoever to the other which if they do they shall be punished and moreover be liable to satisfie all Costs and Damages by Restitution and Reparation upon Pain and Obligation of Person and Goods X. For this cause all the Commanders of Private Men of War Privateers to give Security shall from henceforth be obliged before they receive their Commissions to Enter before a competent Judge good and sufficient Security by able and responsible Men who have no Part or Interest in such Ship in the Sum of Fifteen hundred pounds Sterling or Sixteen thousand five hundred Gilders and when they have above One hundred and fifty Men then in the Sum of Three thousand pounds Sterling or Three and thirty thousand Gilders that they will give full Satisfaction for any Damages or Injuries whatsoever which they or their Officers or others intheir Service shall commit in their Courses at Sea contrary to this present Treaty or any other whatsoever between his Majesty and the said States and upon pain of Revocation and Annulling their said Commissions in which it shall be always inserted that they have given such Security as abovesaid And likewise it is Agreed That the Ship it self shall be also liable to make Satisfaction for Injuries and Damages done by her XI His Majesty and the said States being desirous that the Subjects of each other may be mutually Treated in all Countries under their Obedience respectively Judgments upon Prizes to be given according to Justice with the like kindness as their own Subjects will give all necessary and effectual Orders the Judgments upon Prizes taken be given according to the Rule of Justice and Equity by Judges beyond all suspicion and not any way concerned in the Cause under Debate And his Majesty and the said States will likewise give strict Orders that all Sentences already given and which shall be hereafter given be according to the Tenor thereof duly put in Execution and obtain their Effect XII And whensoever the Ambassadors of the said Lords the States Upon complaint against Sentences the same to be Reviewed within Three months or any other their Publick Ministers Resident at the Court of his Most Serene Majesty of Great Britain shall complain of the unjustness of Sentences which have been given his Majesty will cause the same to be Reviewed and Examined in his Council that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and will also take care that the same be fully provided for and that Right be done to the Party complaining within the space of Three months And likewise when the Ambassadors or other Publick Ministers of his Majesty Resident with the States
that they should of no man be molested or hindred After which Time in the Days of our Grandfather Sultan Mahomet Han of famous memory unto whose Soul be granted Divine Absolution it being anew desired That the Subjects Merchants and their Interpreters might freely and securely come Merchandise and Negotiate through all the Parts of this Imperial Dominion and that such Capitulations and other Priviledges and Imperial Commands as had been granted unto the Nation of the Kings and Princes in Peace and Amity with this high Port as France Venice Poland and others might also be granted to the Subjects of the said Queen and all others coming under the English Banner in confirmation of which Request were given and confirmed by our Ancestors of famous memory the Imperial Capitulations and Priviledges succeeding to say It is Commanded c. I. FIrst That the said Nation Our Ships may Trade in all Parts c. and the English Mercâ—ants and any other Nation or Merchants which are or shall come under the English Banner and Protection with their Ships small and great Merchandise Faculties and all other their Goods may always pass safe in our Seas and freely and in all security may come and go into any part of the Imperial Limits of our Dominions in such sort that neither any of the Nation their Goods and Faculties shall receive any hindrance or molestation from any person whatsoever II. The said Nation shall and may in like manner freely and securely come and go by Land through all the Imperial Limits of our Dominions Travel freely so that neither to their Persons Beasts Goods or Faculties shall any trouble or Impediment be given nor any Injury be done unto them but they shall always at their own pleasures safely and securely Traffick in all parts of our Dominions III. And if it happen that any of the said Nation coming into our Dominions by Land The same or passing into any other Country shall be stayed or Arrested by any of our Ministers such persons shall be set free and at liberty and afterwards shall receive no hindrance in his Journey IV. All English Ships or Vessels small or great shall and may at any time safely and securely come and Harbour in any of the Scales and Ports of our Dominions and likewise may from thence depart at their pleasure without detention or hindrance of any man V. And if it shall happen that any English Vessel Distress of Ships great or small fall into any Misfortune danger of Sea or any other Necessity all the Vessels as well Imperial as belonging to private Men that shall be near or present as also all others that inhabit the Seas shall give them help and succour and being come into our Ports or Scales they shall freely stay in them as long as they please Freedom to take Provisions and for their Money provide for them of all Necessaries and Provision and may take Water without the let or hindrance of any man VI. And if it shall happen that any of their Ships shall have suffered Shipwrack Cases of Shipwrack or been broken or in distress shall be cast upon any Coast of our Dominions in which case all Beglerbegs Caddees Governors Ministers and other our slaves shall give them all assistance succour and help and whatsoever Goods and Faculties shall be saved or recovered in the said Ships shall be restored to the English and if they shall be informed that any part of their Goods and Faculties shall be stole or taken away our said Ministers with all diligence shall make sufficient Search and Examination to find out and recover the Goods and restore them to the English VII The English Merchants Interpreters Brokers The English and their Dependants to Travel freely and all other Subjects of that Nation whether by Sea or Land may freely and safely come and go in all the Ports of our Dominions or returning into their own Country all our Beglerbegs Ministers Governors and other Officers Captains by Sea of Ships and others whomsoever our Slaves and Subjects we Command that none of them do or shall lay hands upon their Persons or Faculties or upon any pretence shall do them any hindrance or Injury VIII If any Englishman either for his own Debt One Englishman not to answer for the Debt of another unless he be his Surety by Hoget or for Suretiship shall absent himself or make escape away or shall be Bankrupt the Creditor shall only pretend his Debt upon his own Debtor and not of any other English and if the Creditor have not authentick Hoget or Bill of Suretiship made by an Englishman he shall not pretend his Debt of any other Englishman IX In all Causes Businesses and Occasions which shall occur between the said Nation their Merchants Interpreters and Brokers or Servants and any other whatsoever that is to say In selling or buying in paying or receiving in giving or taking Security In all Businesses nothing of force without Hoget or Pledge Debt or Credit and all other such things which appertain to the Ministers of the Law and Justice they may always if they please in such Occasions go to the Caddee who is the Judge of the Law and there make a Hoget or publick authentick Act with Witness and Register the same and take a Copy of the same to keep by them to the end that if in the future any Difference or Pretence shall arise between the said Parties they may both have a recourse to the said Hoget and Act. And when the Pretence shall be conformable to the tenor of the Hoget Registred then it shall be accordingly thereunto observed And if the Plaintiff hath not in his hands any such authentick Hoget but only bringeth partial Witness which makes Cavils or Pretences our Ministers shall not give ear to them but observe the written authentick Hoget X. And if any one within our Dominions shall accuse any Englishman to have done him wrong No Plea to be made against an Englishman without knowledge of the Ambassador or Consul and shall therefore raise any Pretence upon him by violent or partial Witness our Ministers shall not give ear unto them nor accept them but the Cause shall be advised to the Ambassador or Consul Resident of the English Nation to the end that the Business may be decided with his knowledge and in his presence that the English may always have recourse to their defence and protection XI If any Englishman No Englishman to be molested for another without being Pledge having committed an Offence shall make his escape or absent himself no other Englishman not being Pledge shall be taken or molested for him XII All Englishmen Englishmen not to be Slaves or Subjects of England which shall be found Slaves in our State or shall be demanded by the Ambassador or Consul the Cause shall be duly Examined and such persons as are found truly to be Subjects of England shall be
set free and delivered to the Ambassador or Consul XIII All Englishmen No Harach demanded and all other Subjects of the Crown of England which shall dwell or reside in our Dominions whether they be married or single may buy sell and Traffick and of them shall no Harach or Head-money be demanded XIV The English Ambassador Resident in Aleppo The Ambassadors power to coustitute Consuls Alexandria Tripoli of Suria or Tunis Algier Tripoli of Barbary in Smyrna the Ports of Cairo or any other Parts of our Dominions may at their pleasure establish their Consuls and in like manner remove them or change and appoint others in their places and none of our Ministers shall oppose or refuse to accept them XV. In all Causes concerning Law and Justice between the English Nation and any other No Process without the Interpreter in the absence of their Interpreters the Judges nor any other of our Ministers shall not proceed to give Sentence XVI If there happen any Controversie amongst themselves The Turks not to meddle in Differences between the English the Decision thereof shall be wholly left to their own Ambassador or Consul according to their own Right and Laws and with no such Causes our Ministers shall intermeddle XVII Our Armada of Gallies Ships or any other Vessels of our Empire Our Ships not to be detained at Sea by the Turks Armada which at Sea meet or find any English Ship they shall not do them nor suffer to be done to them the least injury or trouble nor shall they stay them demand pretend or take any thing from them but shall salute and shew good and mutual Friendship the one to the other without offence XVIII All those particular Priviledges and Capitulations All Priviledges granted to other Nations granted also to the English which in former Times have been granted to the French Venetians or any other Christian Nation whose King is in Peace and Friendship with this Port in like manner the same were granted and given to the said English Nation to the end that in time to come the Tenor of this our Imperial Capitulations may be always observed by all men and that none may in any manner upon any pretence presume to contradict or violate it XIX If the Pirates Against Turkish Pirates or Levents who infest the Seas with their Frigats shall be found to have taken any English Vessel or to have robbed or spoiled their Goods and Faculties Also if it shall be found that in any of our Dominions any shall have violently taken Goods of any Englishman our Ministers shall with all diligence seek out such Offenders and severely punish them and cause that all such Goods Ships Moneys and whatsoever hath been taken away from the English Nation shall be presently justly and absolutely restored to them XX. All our Beglerbegs Begs Captains Masters of Imperial Ships and other private Judges Governors Customers Farmers and all our Ministers Subjects and Slaves shall always obey and keep the Tenor of these our Sworn Capitulations and shall with all observance respect the Friendship and good Correspondence established on both Parties every one in particular taking especial care not to commit any Act contrary thereunto And as long as the said Queen of England according to this present Agreement of sincere Friendship and good Correspondence shall shew her self and remain with us in Peace Friendship and League firm constant and sincere We do promise also on our Parts reciprocally that this Peace Friendship Articles Capitulations and Correspondence in the fore-written Form shall be for ever of us maintained observed and respected and of no man any part thereof shall be contradicted or infringed All which above-mentioned Articles of Peace and Friendship were Concluded Signed and an Imperial Capitulation granted and confirmed by our Ancestors of happy memory Since which time his Majesty of England James deceased in the time of our Grandfather of happy memory Sultan Achmet Han having sent unto our Imperial Throne his Ambassadors Letters and Presents which were most acceptable and desired that the already Contracted Peace and Friendship and good Correspondence made with our Grandfathers and the Capitulations Articles and Priviledges above written should be again Ratified and the said Peace and Friendship renewed farther requesting that certain Articles very necessary should to the same Capitulations be added The Desire of his Majesty being deelared in the Imperial Presence of our said Grandfather Sultan Achmet Han was presently granted And he gave express Command and Order that the said Peace and Friendship should be renewed and fortified and the ancient Capitulations and Priviledges confirmed and that the new desired Articles should be inserted and added to the Imperial Capitulations Granting farther to the English Nation all those Articles and farther Priviledges which were given and written in any Capitulations with other Nations Potentates or Kings in Peace and Amity with this Imperial Port And by this Imperial Command he gave order that these his Imperial Commands should be obeyed of all men and the Tenor of them duly observed The Articles which then were granted and added to the Capitulations were these following XXI That our Ministers shall not demand No Custom to be taken on Moneys None to force change of Moneys or take of the said English Nation any Custom or other Duties of all the Dollars and Chequeens they or any under their Banner shall bring in or Transport from Place to Place or carry out of our Dominions and that neither Beglerbegs Begs Caddees Treasurers Mint-Masters or other shall take and demand either Dollars or Chequeens from the said Nation to change them into small Aspers nor shall give or do them any violence or trouble thereupon XXII The English Nation and all those that come under their Banner their Vessels small and great shall and may Navigate Traffick Buy Sell and abide in all Parts of our Dominions No Ammunition to be carried in our Ships and excepting Arms Gunpowder and other such prohibited Commodities they may load and carry away in their Ships whatsoever of our Merchandises at their own pleasure without the impeachment or trouble of any man and their Ships and Vessels may come safely and securely to Anchor at all times and Traffick at all times in every part of our Dominions Provisions may be bought for our Ships and with their Money buy Victuals and all other things without any contradiction or hindrance of any man XXIII And if any Difference shall happen with any of the said English Nation by Suit in Law No Process to be made without presence of the Ambassador c. or any other Controversie the Caddees or any other Ministers of our Justice shall not hear nor decide the Cause until the Ambassador Consul or Druggerman of the said Nation shall be present XXIV All Differences Suits of Law above 4000 Aspers to be heard above or Suits of Law depending with the said Nation which
divers Mahometan Merchants Sciots and other Merchants in Peace and Amity with this Imperial Port and other Merchant-Strangers do deny and refuse to pay the Right of Consulage wherefore it is Commanded That all the Merchandise which shall be Laden upon their Ships and have paid Custom be they Goods of whomsoever according to ancient Imperial Capitulations they shall pay the Right of Consulage to the Ambassador or Consul of England without any contradiction XLIII That English Merchants which Trade at Aleppo Silk to pay the Custom as Venetians and French and those under their Banner of all the Silk which they shall buy and Lade upon their Ships shall pay the Custom and other Duties as the French and Venetian Merchants do pay and not one Asper or Farthing more XLIV As the Ambassadors of the King of England which shall be Resident in this Imperial Court are the Representatives and Commissioners of the Person of his Majesty so the Interpreters are to be esteemed the Commissioners of the Ambassador therefore for such matter as the Interpreters shall Translate or Speak in the Name Interpreters to have Licence to speak the sence of the Ambassador or Consul or by the Order of the Ambassador it being found that that which they have Translated be according to the Will and Order of the Ambassador or Consul they shall be always free from any Imputation or Punishment And in case they shall commit any Offence our Ministers shall not put any of the said Interpreters in Prison nor beat them without knowledge of the Ambassador or Consul Druggermen dying c. In case any of the English Interpreters shall die if he be an Englishman all his Goods or Faculites shall be possessed by the Ambassador or Consul of England but if he shall be a Subject of our Dominion they shall be consigned to his next Heir and having no Heir they shall be taken into our Exchequer And as in this Particular so also in all other the above-mentioned Articles and Priviledges granted by our Forefathers of happy memory it is expresly Commanded and Ordained That all our Slaves shall ever obey and observe this Imperial Capitulation and that the Peace and Amity shall be respected and maintained without any violation whatsoever XLV Since which time of our Forefathers of famous memory No Command valid against the Capitulations and the grant of these above-mentioned Capitulations Articles and Establishment of Peace and Amity the said King of England having in the time of our Grandfather of happy memory Sultan Mahomet Han sent one his well desired Ambassador a Person of Quality to this high Port to Confirm this Peace Articles and Capitulations which Ambassador did declare That oftentimes there were to divers Persons Imperial Commands granted surreptitiously procured contrary to the Tenor and Articles of the Imperial Capitulations which being without our knowledge presented to our Judges and Governors and the Dates of such Commands being more fresh than those of our Imperial Capitulations the Judges and Ministers do put in Execution the private Commands prejudicial and contrary to these Imperial To the end therefore that for the time to come such Commands shall not be accepted of any but that the Imperial Capitulations might be always observed and maintained according to the sincere meaning the said Ambassador demonstrating the sincerity of his Majesty and his Request herein to our Imperial knowledge which was most acceptable In conformity thereunto it was expresly ordered That all such Commands which already have been or shall hereafter be granted which are or shall be repugnant to the Tenor of this Imperial Capitulation whatsoever such Commands shall be when Presented before our Caddees or other Ministers should never be excepted or put into Execution but that always the Tenor of the Imperial Capitulations shall be observed Such Commands to be taken away And whosoever shall Present such Command contrary to the Capitulations they shall be taken from him and in no wise be of any force or validity In which time also on the Part of our said Grandfather all the above-written Priviledges Articles and Capitulations were Accepted and Ratified and the Peace Amity and good Correspondence anciently Contracted was anew of him Confirmed and Established XLVI In the time of the Inauguration of Sultan Osman Han in the Imperial and high Throne the King of England did again send a famous and Noble Gentleman his Ambassador with Letters and Presents which were most acceptable And the said Ambassador desiring in the Name of his King and Lord that the ancient Capitulation Articles and Contracts granted in the days of our Forefathers should be of him renewed and confirmed and the ancient Peace and Amity anew fortified and established which his Request was to the said Sultan Osman most acceptable And the ancient Capitulations Articles Priviledges herein written and confirmed and the long since contracted Peace and Amity by him promised and accepted XLVII After whom in like manner in the days of Sultan Osman Han the King of England having again sent unto this high Port his Ambassador the Excellent and Honourable Sir Thomas Roe Knight with his Letters and Presents which were most acceptable and proffering in the Name of the King his Lord all good Terms of Friendship and good Correspondence And desiring that the ancient Capitulations and all the Articles from his Ancestors and from himself formerly granted to the English Nation might be anew confirmed and the Peace and League long since between both Parties contracted and ratified and that some other Articles very necessary might be added to the Imperial Capitulations and divers others already granted might be renewed amended and in a better Form explained which his Request and Demand was very acceptable unto him and in conformity thereunto the ancient Imperial Capitulations and all the Articles and other Priviledges in them often confirmed and the Peace Amity and good Correspondence contracted in the times of his Ancestors Grandfather and Father and himself confirmed were again by Sultan Osman then ratified established promised and accepted whereupon by him there was express Command given that for the time to come the Tenor of his renewed Capitulations should be of every one observed and that all men should be careful and respectful to the said Peace and Friendship established and contracted on both Parts and that no man should presume to violate or to do any Act contrary thereunto which Ambassador did often declare that the Caddees and other of our Ministers in many Places and Provinces contrary to the Imperial Capitulations and Will of the Imperial Majesty have imposed and laid divers Taxes Burdens and Moneys upon the said English Nation and those under their Banner for which cause as it is above declared it being found necessary to make additions of some new Articles in the said Imperial Capitulation of which the said Ambassador made declaration in Writing and presented the same to the Imperial Presence The said Sultan Osman
Friendship The English at all times to have liberty to go away with their Estates but likewise if any Breach or War happen to be hereafter between the said King of Great Britain and the Kingdom of Algiers the said English Consul and all other his said Majesties Subjects Inhabiting in the Kingdom of Algiers shall always and at all times both of Peace and War have full and absolute liberty to depart and go to their own or any other Country upon any Ship or Vessel of what Nation soever they shall think fit and to carry with them all their Estates Goods Families and Servants without any interruption or hindrance XIX That no Subject of his said Majesty English Passenger on Board a Ship in Enmity with Algiers not to be molested and so neither an Algerine on Board a Ship in Enmity with England being a Passenger and coming or going with his Baggage from or to any Port shall be any way molested or meddled with although he be on Board any Ship or Vessel in Enmity with Algiers And in like manner no Algerine Passenger being on Board any Ship or Vessel in Enmity with the said King of Great Britain shall be any way molested whether in his Person or in his Goods which he may have Laden on Board the said Ship or Vessel XX. That at all times when any Ship of War of the King of Great Britains English Admiral to be Saluted first carrying his said Majesties Flag at the Main-Top-Mast-Head shall appear before Algiers and come to an Anchor in the Road That immediately after notice thereof given by his said Majesties Consul or Officer from the Ship unto the Dey and Government of Algiers they shall in Honour to his Majesty cause a Salute of One and twenty Cannon to be Shot off from the Castles and Forts of the City and that the said Ship shall return an Answer by Shooting off the same number of Cannon XXI That presently after the Signing and Sealing of these Articles by the Bashaw All Injuries to be forgotten and Satisfaction to be made for Damages committed afterwards Dey Aga and Gover nors of Algiers all Injuries and Damages sustained on either Part shall be quite taken away and forgotten and this Peace shall be in full force and virtue and continue for ever And for all Depredations and Damages that shall be afterwards committed or done by either Side before notice can be given of this Peace full Satisfaction shall immediately be made and whatsoever remains in kind shall be instantly restored XXII That in case it shall happen hereafter that any thing is done or committed contrary to this Treaty This Peace not to be broken in case of any Contravenâ—â—on but Satisfaction to be first demanded whether by the Subjects of the one or the other Party the Treaty notwithstanding shall subsist in full force and such Contraventions shall not occasion the Breach of this Peace Friendship and good Correspondence but the Party injured shall amicably demand immediate Satisfaction for the said Contraventions before it be lawful to break the Peace and if the Fault was committed by any private Subjects of either Party they alone shall be punished as Breakers of the Peace and Disturbers of the Publick Quiet And Our Faith shall be Our Faith and Our Word Our Word Confirmed and Sealed in the Presence of Almighty God the Tenth day of April in the Year of our Lord Jesus Christ One thousand six hundred and eighty two And in the Year of the Hegira One thousand ninety three and the Eleventh day of the Moon Abril L. S. L. S. L. S. WHereas on the Tenth day of April 1682. there was a Treaty of Peace Concluded between the Most Serene King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords the Bashaw Dey Aga and Governors of the City and Kingdom of Argiers to which Treaty there was annexed a Form of Passes for the Ships belonging to the Subjects of the said King of Great Britain It is hereby Agreed and expresly Declared That the said Form annexed to the said Treaty being no part thereof the Lords High Admirals or Commissioners of the Admiralty of his said Majesties Dominions are at full liberty in giving the said Passes to use the Form of Words hereunto annexed which shall be good and sufficient to all intents and purposes Confirmed and Sealed in the Presence of Almighty God the Fifth day of March in the Year of our Lord Jesus Christ One thousand six hundred eighty and two being in the Year of the Hegira One thousand ninety four and the Seventeenth day of the Moon Moolout L. S. L. S. L. S. Form of the Pass Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises without any Let Hindrance Seizure or Molestation the said Ship appearing unto Me or Us by good Testimony to belong to the Subjects of Our Sovereign Lord the King and to no Foreigners Given under My Hand or Our Hands and the Seal of My or Our Office of Admiral at _____ the _____ day of _____ in the Year of our Lord One thousand six hundred eighty _____ To all Persons whom these may concern By Command of _____ Note THat the late Commission of the Admiralty of England having been determined and the Administration of the Affairs thereof and particularly that of Signing Passes taken into his Majesties own Royal Hand the Form of the forementioned Pass has received the following Alterations Viz. JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Persons whom These may concern Greeting Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises Locus Sigilli without any Let Hindrance Seizure or Molestation The said Ship appearing unto Us by good Testimony to belong to Our Subjects and to no Foreigner Given under Our Sign Manual and the Seal of Our Admiralty at Our Court at _____ _____ this _____ day of _____ In the Year of our Lord One thousand six hundred Eighty JAMES R. By His Majesties Command S. Pepys FINIS