Rule of Justice and Equity by Judges beyond all Suspicion and not any ways concerned in the Cause under Debate And his Majesty of Great Britain and the most Christian King 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 or other Publick Ministers of the King of Great Britain Residing in the Court of the most Christian King shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea In case of Complaint against Sentences upon Prizes the French King to cause the said Sentences to be Revised in his Privy Council and belonging to the Subjects of the King of Great Britain then the said most Christian King on Demand of the said Ambassadors or Ministers of the King of Great Britain shall cause the said Sentences to be Reviewed and Examined in his Privy Council and shall Confirm or Revoke the Sentences wheresoever given And likewise the said most Christian King shall take care that Right be done to the Party complaining within the space of Four Months to be accounted from the Day of making such Demand In like manner if the Ambassadors And the King of England to appoint Commissioners to the same purpose or other Publick Ministers of the most Christian King Residing in the Court of the King of Great Britain shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea belonging to Subjects of the said most Christian King the said King of Great Britain shall forthwith Commissionate under his Great Seal Nine of his Privy Council to Adjudge such Matters and to Confirm or Revoke the Sentences wheresoever given and the said Commissioners shall meet within the space of One Month from the Day of deliveirng the Complaint And likewise the King of Great Britain shall take care that Right be done the Party complaining within the space of Three Months to be computed from the first Day of the meeting of the said Commissioners XIII A Suit being Commenced between the Takers of Prizes on the one Part Sentence against a Privateer to be put in Execution notwithstanding his Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchant Ships and likewise the Mariners and Passengers do sometimes suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an Inhumane manner tormenting them thereby to extort from them such Confessions as they would have to be made No Master or Seamen to be Tortured it is Agreed That both his Majesty of Great Britain and the most Christian King shall by the severest Proclamations or Edicts forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a terror to others and shall command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively Upon proof of Torture the Ship to be forthwith Discharged and every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceeding against her as well Judicial as otherwise XV. It is also Agreed Those that take Commissions from the Enemies of either Party against the other to be punished That the like severity of Punishments shall be inflicted upon those who shall take Commission from Enemies to Seize the Ships of either Ally or Party XVI Lastly It is Agreed and Concluded This Treaty to be Ratified in Two Months That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two Months from the Date hereof rightly and reciprocally Exchanged between both Parties Dated at St. Germains in Laye the Twenty fourth day of February in the Year of our Lord 1677. The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within the Dominions of the King of Great Britain to Ships and Vessels according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ the _____ day of _____ in the Year of our Lord _____ And the like Form of Passport mutatis mutandis shall be used by the
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
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
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
Revision of Accounts under pretence of Defraudation And if any Officer of his Royal Highness by way of Reward Voluntary Donative or any other way whatsoever shall exact or receive any Sum or Value beyond what is appointed in the mentioned Tariffes or Rates limited as in the aforesaid Articles The Person so offending shall be Imprisoned the space of Three months or more if his Royal Highness think fit and shall pay three times the full value of what he so demanded or received one half of which shall be applied to his Royal Highness and the other half to the Accuser or Informer XV. Fifteenthly and Lastly English to enjoy all the Immunities mentioned in the Publication of this free Port and all others which may be granted to any other Nation 'T is Covenanted and Agreed That all Immunities Priviledges and Concessions which in the General Publication of a Free Port made by his Royal Highness are not mentioned or specified in the foregoing Articles shall be for the full Advantage of his Majesties Subjects to all intents and purposes be understood to be expresly mentioned and contained in the Body of this present Instrument And whatsoever for the future of Immunity Priviledge or Advantage shall be granted to any other Kingdom or State all and every of the said Immunities Priviledges and Advantages are and shall be as fully with all their Circumstances granted to his Majesties Subjects as if they were expresly Covenanted and Agreed for in this present Instrument For the full and undoubted Confirmation of which and af all the foregoing Articles the above-named Procurators of his Majesty of Great Britain c. and his Royal Highness having diligently read and weighed all the abovesaid Fifteen Articles have hereunto put their Hands and Seals at Florence the Nineteenth day of September the Year of our Lord One thousand six hundred sixty nine L. S. John Finch L. S. Joseph Maurice Filippone A Treaty for the Composing of Differences Restraining of Depredations and Establishing of Peace in America between the Crowns of Great Britain and Spain Concluded at Madrid the 8 18 day of July in the Year of our Lord 1670. WHereas for many Years past the good Vnderstanding and Correspondence between the English and Spanish Nations having been disturbed in America Preface It pleased the Most Serene and Powerful Prince Charles King of Great Britain c. in order to the Restoring and Regulating the same for the future to send into Spain his Envoy Extraordinary Sir William Godolphin Knight with full Authority and Power to make any Treaty convenient and proper for that end And likewise the Most Serene and Powerful Charles King of Spain c. and the Queen Regent Maria-Anna c. for the carrying on a Work of so much Piety and Publick Good Deputed on their Part the Earl of Penaranda Councellor of State and President of the Indies to Confer Treat and Conclude thereupon with the said Sir William Godolphin At length they mutually Refolved and Agreed upon the Articles of the following Treaty in Virtue of their several Commissions I. First The Treaty of 1667 Confirmed It is Agreed between the above-mentioned Plenipotentiaries Sir William Godolphin and the Earl of Penaranda in the Names of the Most Serene Kings respectively their Masters That the Articles of Peace and Alliance made between the Crowns of Great Britain and Spain in Madrid on the 13 23 of May 1667 or any Clause thereof shall in no manner be deemed or understood to be taken away or abrogated by this present Treaty but that the same shall remain perpetually in their ancient force stability and vigour so far forth as they are not contrary or repugnant to this present Convention and Articles or to any thing therein contained II. That there be an Universal Peace An Universal Peace as well in America as elsewhere true and sincere Amity in America as in the other Parts of the World between the Most Serene Kings of Great Britain and Spain their Heirs and Successors and between the Kingdoms States Plantations Colonies Forts Cities Islands and Dominions without any distinction of Place belonging unto either of them and between the People and Inhabitants under their respective Obedience which shall endure from this Day for ever and be observed inviolably as well by Land as by Sea and Fresh-waters so as to promote each the Welfare and Advantage of the other and favour and assist one another with mutual Love and that every where as well in those remote Countries as in these which are nearer the faithful Offices of good Neighbourhood and Friendship may be exercised and increase between them III. Also All Enmities and Depradations to cease that for the time to come all Enmities Hostilities and Discords between the said Kings their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where IV. The said Most Serene Kings shall take care that their Subjects do accordingly abstain from all Force and Wrong-doing Letters of Mart Reveked And they shall Revoke all Commissions and Letters of Reprisal and Mart or otherwise containing Licence to take Prizes of what condition or kind soever being to the Prejudice of the one or other of the said Kings or of their Subjects whether the same have been given or granted by them unto Subjects or Inhabitants or unto Strangers and shall declare the same to be void and of no force as by this Treaty of Peace they are declared so to be Reslitution for Losses contrary to this Treaty And whosoever shall do any thing to the contrary he shall be punished not only Criminally according to the merit of his Offence but shall also be compell'd to make Restitution and Satisfaction for the Losses to the Parties damnified requiring the same V. And furthermore Renunciation of all Leagues c. contrary to this Peace the said Kings shall Denounce as by the Tenor of these Presents every of them hath and doth Renounce whatsoever League Confederation Capitulation and Intelligence made by what manner soever in the Prejudice of the one or the other which doth or may repugn against this Peace and Concord and all and singular the Contents thereof All which and every of them so far as they do concern the Effect aforesaid said they shall annul and make void and declare to be of no force or moment VI. The Prisoners on both Sides Prisoners released one and all of what Degree or Condition soever detained by reason of any Hostilities hitherto committed in America shall be forthwith set at liberty without Ransom or any other Price of their Freedom VII All Offences All Injuries to be forgotten Damages Losses Injuries which the Nations and People of Great Britain and Spain have at any time heretofore upon what Cause or Pretext soever suffered by each
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
presence of the Officers of the Admiralty and Inventaried neither shall it be any ways lawful to Sell Exchange or otherwise to Alienate the same until such Prohibited Goods are rightly and lawfully proceeded against and that the Judges of the Admiralty have by their respective Sentences Confiscated the same The Ship and the other Goods not to be forefeited Provided always that as well the Ship it self as the rest of the Commodities found in the same which by this Treaty are to be reputed Free shall not upon pretence of their being Infected by such Prohibited Goods be detained much less confiscated for lawful Prize but if not the whole but a part only of the Lading consists of Contraband or Prohibited Commodities and that the Master of the Ship shall be willing and ready to deliver them to the Captor who seized the same in that case the Captor 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 That whatsoever shall be found Laden by the Subjects of his Majesty of Great Britain upon any Ship whatsoever belonging to the Enemies of the most Christian King 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 of Great Britain shall be accounted clear and free Free Ship free Goods e contra although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of the most Christian King 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 found Laden by the Subjects of the most Christian King in any Ship whatsoever belonging to the Enemies of his Majesty of Great Britain 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 most Christian King 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 of Great Britain except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles And least any Damage should by Surprize 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 Time hereafter mentioned after the Declaration and Publication of any such War Goods Laden before War is Declared by one of the Parties against a third Party not to be forfeited 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 of Great Britain taken or seized in any Ship or Vessel whatsoever of any Enemy of the most Christian King 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 most Christian King taken or seized in any Ship or Vessel whatsoever of an Enemy of his Majesty of Great Britain 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 of Great Britain and of the most Christian King Privateers and Companies to make Satisfaction in case of Contravention 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 of Great Britain as of the most Christian King 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 shall from henceforth be obliged before they receive their Commissions Privateers to give Security 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 Livres and when they have above One hundred and fifty Men then in the Sum of Three thousand Pounds Sterling or Three and thirty thousand Livres that they will give full Satisfaction for any Damages or Injuries whatsoever which they or their Officers or others in their Services shall commit in their Courses at Sea contrary to this present Treaty or any other whatsoever between his Majesty of Great Britain and the said most Christian King and upon the pain of Revocation and Anulling 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 of Great Britain and the said most Christian King being desirous that the Subjects of each other may be mutually Treated in all Countries under their Obedience respectively with the like kindness as their own Subjects will give all necessary and effectual Orders In cases of Prizes Justice to be administred that Judgments upon Ships and Merchandise taken at Sea be given according to the