to which it is to be regulated according to what hath been ordered in the precedent articles XXXVI All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same rights liberties and exemptions in their Traffick and Commerce in the Ports Roads Seas and States of his said Majesty what hath just now been said shall be enjoyed by the Subjects of His Majesty in those of the said Lords the States and in the open Sea it being to be understood that the equality shall be every way reciprocal on either side and even in case that hereafter the said Lords the States should be in Peace Amity and Neutrality with any Kings Princes and States that should become Enemies to His Majesty each of the two parties being reciprocally to use the same conditions and restrictions expressed in the Articles of the present Treaty that regard Traffick and Commerce XXXVII And the more to assure the Subjects of the said Lords the States that no violence shall be done to them by the said Vessels of War prohibition shall be made to all Captains of the Vessels of the King and to other Subjects of his Majesty not to molest nor to annoy them in any thing whatsoever under pain of being punished and engaged in their persons and goods for the dammages and interests suffered and to be suffered to the last restitution and reparation XXXVIII And for this cause shall hereafter all Captains and Armed Men be obliged every one of them before their depart to give good and solvable caution before competent Judges of the sum of fifteen thousand livers Tournois to answer every one of them in solidum of the ill Deportments which they may commit in their courses and for the breaches made by their Captains and Officers of the present Treaty and of the Ordinances and Edicts of His Majesty that are to be published by vertue and conformably to the disposition of the same under pain of a forfeiture and nullity of the said Commissions and Leaves which shall likewise be practised by the Subjects of the Lords the States General XXXIX If it should fall out that any of the said French Captains should take a Vessel laden with the said Commodities of Countreband as is said the said Captains shall not cause to be opened or broken the Trunks Mails Balls Budgets Tonns or Chests or to be transported sold or changed or otherwise alienated but that first they shall be set on shoar in the presence of the Judges of the Admiralty and an Inventary be made by them of the said Commodities found in the said Vessels unless that the Goods of Countrebande making but a part of the Carga the Master or Patron of the ship should think good and agree to deliver the said Countreband-goods to the said Captain and to pursue his Voyage in which case the said Master or Patron shall in no wise be hindred from persuing his course and the design of his Voyage XL. His Majesty desiring that the Subjects of the said Lords the States General may be treated in all the Countries under his obedience as favourably as his own Subjects shall give all the Orders necessary to make all Judgments and Decrees that are to be given upon the prises that shall have been taken at Sea to be rendred with all Justice and Equity by persons un-suspected and dis-interest in the matter in question and His Majesty is to give precise and effectual orders that all the Decrees Judgments and Orders of Justice already given or to be given may speedily and duly be executed according to their forms XLI And when the Ambassadors of the said Lords the States General or any other of their publick Ministers that shall be at the Court of His Majesty shall make complaints of the said Judgments that shall have been given His Majesty shall cause a review to be made of the said Judgments in his Counsel to examine whether the orders and precautions contained in the present Treaty shall have been followed and observed and to provide for it according to reason which is to be done within the space of three moneths at most and yet notwithstanding neither before the first Judgment nor after that of the revision shall the Goods and Commodities that shall be reclaimed be sold or unladen unless it be by the consent of the interessed parties to avoid the spoiling of the said commodities XLII When a process shall be made in the first and second instance between those that shall have taken prises at Sea and those that are interessed therein and that the said interessed persons shall come to obtain a Judgment or decree favourable the said Judgment or Decree is to have its execution under Caution notwithstanding the Appeal of him that shall have taken the prise but not on the contrary And what is said in the present and precedent Articles to cause good and speedy Justice to be rendred to the Subjects of the United Provinces concerning the prises taken at Sea by the Subjects of His Majesty is to be understood and practised by the Lords the States General in respect of the prises made by their Subjects upon those of His Majesty XLIII His Majesty and the said Lords the States General shall have power at all times to cause to be built or fraighted within the Countries of one and the other such number of Ships whether for War or Trade as they shall think good as also to buy such quantity of Ammunition of War as they shall need and they are to employ their authority that the said bargains of Ships and buyings of Ammunition be made bonâ fide and at a reasonable rate But neither His Majesty nor the said Lords the States General are to give the same permission to the Enemies of one another in case the said Enemies be attacking or invading XLIV It happening that the ships of war or of Merchants be east away by storm or other accident upon the coasts of either of the Allyes the said ships tacklings goods and wares and what shall be saved or come of it if the said things being perishable have been sold all of it being reclaimed by the Proprietors or others charged and impowred by them within a year and a day shall be restored without form of process paying only the reasonable charges and what shall be ordered between the said Allyes for the duties of saving And in case of contervention to the present Article His Majesty and the said Lords the States General promise effectually to employ their authority to cause with all severity to be chastised those of their subjects that shall be found guilty of the inhumanities that have been sometimes committed to their great regret in the like rancontres XLV His Majesty and the said Lords the States General shall not receive nor suffer their subjects to receive within any of the Countries under their obedience any Pirats or such as go with one or more false commissions whosoever they may be
but they shall cause them to be pursued and punished or driven out of their ports and the ships robbed as the goods taken by the said Pyrats and false-commissionated Men that shall be in being are to be presently and without forme of process freely restored to the proprietors that shall reclaim them XLVI The Inhabitants and subjects of one and the other part shall have power every where within the lands under the obedience of the said King and of the said Lords the States to cause themselves to be served by such Advocates Procters Notaries and Sollicitors as shall seem good to them unto which also they shall be commisionated by the ordinary Judges when need shall be and when the said Judges shall be demanded it And it shall be permitted to the said subjects and inhabitants on either side to keep in the places where they shall make their aboade books of their traffick and correspondence in that language which they shall think good without being for this cause disquieted or searched XLVII The said Lord King as also the said Lords the States General shall have power to establish for the conveniency of their subjects trafficking in the Kingdomes and States of one another Consuls of the Nation of their said subjects which shall enjoy the rights liberties and franchises that appartain to them for the exercise of their employment and the establishment thereof shall be made in such places where by common consent it shall be judged necessary XLVIII His Majesty and the said Lords the States General shall not permit that any Vessel of Warr nor any other set out by the commission and for the service of any Prince Republick or Town whatsoever come to make any prise within the ports havens or any rivers belonging to them upon the subject of either And in case this happen his Majesty and the said Lords the States General shall employ their authority and their forces to cause restitution or reparation to be made according to reason XLIX One of the Allyes shall not assist the attacking Enemies of the other present or future neither by sea nor by land neither with men nor money victuals ammunition ships or other things that might strengthen them conserving notwithstanding the free course of trade and navigation between the subjects of one Allie with the Enemy of the other conformably to the precedent Articles L. And to the end that as well his said Majesty as the said Lords the States General may be wholly assured of the effect and real and vigorous Execution of the present Confederation they declare that they have no treaty nor agreement contrary to this Confederation that may hinder them in any wise from a sincere executing the present treaty in all its points and Articles LI. The present treaty of Alliance as well as of Commerce Navigation and sea affairs shall last twenty and five years beginning from the day of the signature yet so to be understood that if peradventure an entry were made into an actual performance of the warranty by rupture or assistance in favour of one's Ally by vertue of this Treaty before the expiration of the said twenty and five years the treaty shall continue and subsist in its force and vigour in all its points until an end be made of the war in the manner above specifi'd LII The Ratifications of this Treaty are to be given in good form and exchanged by one and the other part within the space of three moneths to reckon from the day of the Signature CAesar Duke of Vandosme Mercaeur Beaufort Pentbieure and Estampes Prince of Anet Martigues Peer and Great Master Chief and Surintendant General of the Navigation and Traffick of France and the Countries reconquered To all those that shall see the present Letters Greeting We give notice that We have given leave and permission to ............ Master and Conductor of the Ship called .......... of the Town of ........... of the burthen of ........ tonnes or thereabout being at present in the port and Haven ........... to go to ......... laden with ............ who after that visitation shall have been made of his ship before his departure shall take oath before the Officers that exercise the Jurisdiction of Maritime causes how that the said vessel belongs to one or more subjects of his Majesty whereof the Formul shall be set down here beneath as also that he will keep and cause to be kept by those of his Equipage the Orders and Rules of Sea-affairs and cause record to be made signed and certified containing the names and Sirnames the birth and aboade of the men of his Equipage and of all those that shall embarque themselves which he shall not take on board without the knowledge and permission of the Officers of Marine affairs and that in every port and haven where he shall enter with his ship he will shew to the Officers and Judges of the Sea affairs the present leave and give them a faithful report of what shall have been done and passed during his Voyage and that he will carry the Flaggs Armes and Colours of the King and Ours during his Voyage In witness wherof we have set down our Signe and Seal to these present and cause them to be countersigned by the Secretary of Marine affairs .......... Act ......... the day ...... One thousand six hundred ...... It was signed Caesar de Vandosme and lower by My Lord signed Matarel and sealed with the seal of the Armes of the said Lord Admiral A Formul of the Act concerning the Oath MORICE ........ of the Admiralty of ...... we certify that ....... Master of the ship named in the pasport above mentioned hath taken the oath therein expressed Act ....... the ......... day of ...... A Formul of the Letters that are to be given in the Sea Townes and Ports of the Vnited Provinces to the Ships and Boats that will go out to Sea following the above-mentioned Article TO the Most Serene Most Illustrious Illustrious Most Potent Most Noble Noble Honourable and Prudent Lords Emperours Kings Republicks Princes Dukes Counts Barons Lords Consuls and Sherieffs Counsellors Judges Officers Justiciaries and Regents of all good Towns and Places as well Ecclesiasticks as Seculars who shall see or read these Patents We the Consuls and Regents of the Town ......... give notice that ........... Master of the Ship ........... appearing before us hath declared by a solemn Oath that the ship named ......... big of about ............... Tonnes of which he is at the present Master belongs to the Inhabitants of the United Provinces as God should help him and as we should gladly see the said Master of the ship assisted in his just affairs so we beseech you all in General and in particular where the said Master with his ship and commodities shall arrive that you would please to receive him beningly and to treat him as it ought to be suffering him upon the usuall rights of customes and expences in through and neer
of Mart from Princes or States that are Enemies of the said Lords the States General much less to trouble or any way annoy them by vertue of such Commissions or Letters of Mart nor so much as go out with them under pain to be pursued and punished like Pyrats Which shall reciprocally be observed by the Subjects of the United Provinces in reference to the Subjects of his Majesty and to this end as often as it shall be required by either part there shall be in the Territories under His Majesties Obedience and in the United Provinces most express and most strict â— prohibitions published and renewed by no means to use such Commissions or Letters of Mart under the before-mentioned pain which shall be severely executed against all Offenders herein besides the entire restitution and reparation to which they shall be obliged towards those to whom they have caused any damage XVII All Letters of Mart that heretofore may have been granted for what cause soever are delared null and there shall hereafter none of them be given by either of the said Allies to the prejudice of the Subjects of the other unless it only be in case of manifest denyal of Justice which shall not be counted to be verified if the request of him that demands the said letters of Mart be not communicated to the Minister that shall be found upon the place of that State against whose subjects they should be given to the end that within the terme of four Moneths or sooner if possible he may inform of the contrary or procure the fulfilling of Justice that shall be due XVIII Neither shall the particular Subjects of His Majesty be sued or arrested in their Persons and Goods for any thing that His Majesty may owe nor the particular Subjects of the said Lords the States General for the publick debts of the said States XIX The Subjects and Inhabitants of the Countries under the Obedience of His Majesty and the said Lords the States General shall live Converse and frequent one with the others in all good Amity and Correspondence and shall enjoy amongst them the liberty of Commerce and of Navigation in Europe in all the limits of the States of either of all sorts of Merchandises and Commodities whereof the trading and transportation is not generally and universally prohibited to all as well Subjects as strangers by the Laws and Ordinances of the States of either XX. And to this effect the Subjects of His Majesty and those of the said Lords the States General may freely frequent with their Commodities and Ships the Countries Territories Towns Ports Places and Rivers of either State to carry and to sell there to all Persons indifferently to buy Traffick and transport all sorts of Wares and Commodities whereof the coming in or going out and transporting shall not be forbidden to all Subjects of His Majesty or of the said Lords the States General without that this reciprocal freedom shall be limited and restrained by any Priviledge Grant or other particular Concession excepting only Oyls of Whales which the Subjects of the said Lords the States General shall not carry and sell in France to the prejudice of the Priviledge granted to the Company established for the catching of Whales and the selling of the said Oyls as long the time expressed in the said Priviledge by the King already given shall last In the mean-while the Subjects of either shall notwithstanding pay all what is due by Custome and other impositions that may be laid on by His Majesty and his Successors or by the said Lords the States General within the Countries under their Obedience in Europe without that the said Subjects of either side shall be obliged to pay greater or other dues Charges Customs or Impositions whatsoever upon their Persons Goods Commodities Ships or Fraights thereof directly or indirectly under what Name Title or pretext whatsoever than those that shall be paid by the proper and natural Subjects of either XXI The ships of War of either shall alwayes find the Roads Rivers Ports and Havens free and open to enter go out and ride at Ancher as long as they shall need it without being visited yet with this condition that they shall with discretion cease to do so and shall not give any cause of Jealousie by a too long and affected stay nor otherwise to the Governors of the said places and Ports to whom the Captains of the said ships shall give notice of the cause of their arrival and of their stay XXII The ships of War of His Majesty and of the said Lords the States General and those of their Subjects that shall have been armed as Men of War shall with all freedom carry the prises they shall have taken from their Enemies whither they shall think good without being obliged to any dues either by the Admirals or the Admiralty or any others without also that the said ships or the said Prises entring into the Havens or Ports of his Majesty or of the said Lords the States General may be arrested or seised upon nor that the Officers of the places shall take notice of what the prises are worth which may go out and be most freely brought to the places expressed in the Commissions which the Captains of the said ships of War shall be obliged to shew And on the contrary there shall not be given any refuge or retreat in their Havens or Ports to thâ—se that shall have taken prises from the said Subjects of His Majesty or from the said Lords the States General but being therein entred by necessity of storm or danger at sea they are to be sent away as soon as it shall be possible XXIII The subjects of the said Lords the States General shall not be reputed Aubains in France and shall be exempt from the law of Aubaine and have power to dispose of their goods by Testament Donation or otherwise and their Heirs subjects of the said States being in France as well as elsewhere shall obtain their successions even ab intestato though they have not got any letters of Naturalization without that the effect of this Graunt shall be contested with them or they hindred therein under the pretence of any Right or prerogative of Provinces Towns or private persons and the subjects of the said Lords the States may likewise without the said letters of Naturalization settle themselves with all liberty in all the Towns of the Kingdom there to drive their Commerce and Traffick yet without having power there to acquire the right of free Denizons unlesse they have obtained letters of Naturalization from his Majesty in good form and those of the United provinces shall generally be treated as his own and natural subjects and not be counted strangers And all what is contained in the present Article shall be observed in respect of the Kings subjects in the Countries under the obedience of the said Lords the States XXIV The ships laden by one of the Allies passing before the
it and required one of the other shall joyntly do what possibly they can to make the trouble and hostility cease and to repair the wrongs or injuries that may have been done to either of the Allies V. And in case the said attacking or trouble be followed by an open rupture He of the two Allies that shall not be attackt shall be obliged to break four moneths after the first requiring made by him who shall be in a rupture already during which time He shall use all endeavours by his Ambassadors or other Ministers to mediate an equitable Accommodation between the Assaylant or Disturber and the Assailed or troubled and yet notwithstanding shall give during the said time a puissant succour to his Ally such as shall be agreed upon by separate Articles between His Majesty and the said Lords the States General which though no mention be made of them in the present Treaty shall be kept and observed as if they were there inserted or written it remaining notwithstanding after the said time of four moneths expired at the choice of him of the Allies that shall be in rupture to continue to enjoy of the fruit of the same succours in case the conjuncture of the time and the constitntion of his affairs might make him to prefer the effect thereof before the open rupture of his Ally VI. The reciprocal Warranties being in this manner established and promised when one of the Allies shall be attackt or troubled if the State of the united Provinces should come so to be and should find themselves obliged to enter into open War His Majesty shall likewise be obliged to break with the Aggressour or Troubler and to employ all his power and all his forces when it shall be judged fit to reduce the Common Enemy to an honest safe and equitable Accommodation with France and the said united Provinces VII And in this case the Forces of His Most-Christian Majesty and of the said Lords the States General shall act joyntly or separately according to what shall be then more particularly agreed upon between His said Majesty and the said Lords the States General who are to advise and resolve together about the most proper means to discommode the common Enemy by way of diversion or otherwise to the end as hath been said the sooner to reduce him to an Accommodation VIII The like to what is contained in the two immediately preceding Articles shall be done by the said Lords the States in case France be attackt or troubled in the manner above mentioned IX When once open War shall be found with the two Allyes according to the present Treaty there may not afterwards by either of the two Allyes be made any suspension of arms with Him that shall have been declared and owned a common enemy but joyntly and with common consent X. But if it fall out that a negotiation be entred upon for the treating of peace or truce of some years the same shall not be begun by one of the Allyes without the participation of the other and without procuring for him and at the same time when for himself the power and security required and necessary to send his Ministers to the place of the said Treaty and without giving successively from time to time a communication of all that shall pass in the said negotiation and neither one nor the other shall pass to the conclusion of the said peace or truce without comprehending his Ally and making him to be restored if he so desire it into the possession of the Countries Lands and Places and enjoyments of the Rights and Immunities which he held and enjoyed before the War and without stipulating from the common Enemy for the Ally the same immunities exemptions and other prerogatives as for himself unlesse the Allyes agree about it otherwise XI It shall be permitted to Him of the Allyes that shall be attackt to Leavy all sorts of Soldiers and Marriners within the State of the other Alley yet so that it be done in due form and that it may be done without a considerable prejudice of him in whose State the said Leavies shall be made XII If there should fall out by inadvertency or otherwise some non-observations or contraventions to the present Treaty from his said Majesty or the said Lords the States General and their Successors or others that shall also hereafter have entred into this Alliance it shall nevertheless subsist in its whole force without coming for that cause to a rupture of the Confederation Amity and good Correspondence but the said contreventions are presently to be repaired and if they proceed from the fault of some particular Subjects they alone shall be punished and Chastised for it XIII And the better to assure for the future the Commerce and Friendship between the Subjects of the said King and the said Lords the States General of the United Provinces of the low Countries it hath been accorded and agreed upon that in case hereafter there fall out an interruption of Amity or a Rupture between the Crown of France and the said Lords the States of the United Provinces of the low Countries which God forbid there shall alwayes be six Moneths time after the said Rupture given to the Subjects of either side to withdraw themselves with their Estates and to transport them where they shall think fit which shall be permitted them to do as also to sell and transport their Goods and Moveables with all freedom without any bodies power to give them any hindrance or to proceed during that time of six moneths to the making of any seizure of their Estates and less to the arresting of their persons XIV And forasmuch as His Majesty and the said Lords the States are at the present in Peace and good Correspondence with all the Kings Republicks Princes and States of Europe they have thought fit expresly to declare that they understand not that this Allyance obliges them to break at the present or to enter into War with any of the said Kings Republicks Princes and States XV. In vertue of the present Alliance as well his Majesty as the Lords the States General shall faithfully procure and advance the good and prosperity of one another by all support aid Counsels and real assistances upon all occasions and at all times and they shall not consent to any Treaties or Negotiations that may bring dammage to one or the other but shall break and divert them and give reciprocally with care and sincerity notice of them as soon as they shall know of it XVI The Subjects of his said Majesty and those of the said Lords the States General shall not exercise any kind of hostility nor violence for the time to come one against the other as well at Sea as Land or upon the Rivers Roads and sweet waters under what name or pretence soever And so likewise the Subjects of his Majesty shall not have power to take any Commissions for being private Men of War or Letters