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A40376 The treaty and alliance between the commissioners of the most Christian King of France and Navarre on one part, and the extraordinary ambassadors of the States General of the United-Provinces of the low-countries on the other concluded and signed at Paris the 27 April, 1662.; Treaties, etc. United Provinces of the Netherlands 1662 Apr. 27 France.; France. Treaties, etc. United Provinces of the Netherlands, 1662 April 27. 1662 (1662) Wing F2052A; ESTC R28244 20,678 40

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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
Coasts of the other and staying in the roads or ports by storm or otherwise shall not be constrained there to unload or to sell their commodities or a parcel thereof nor obliged to pay any customs unlesse they there discharge any of their commodities voluntarily and of their own accord XXV The Masters of Ships their Pilots Officers Souldiers Marriners and other Seamen the ships themselves or the Commodities and Wares they may be loaden with shall not be seised nor arrested by vertue of any general or particular Order of whomsoever or for what cause or occasion soever nor even under the pretence of the Conservation and Defence of the State and generally nothing shall be taken from the subjects of either side but by the consent of those to whom it shall belong and by paying ready mony for the things that shall be desired of them wherein notwithstanding it is not understood to comprehend the seisures and arrests made by order and authority of Justice and by the ordinary wayes and course thereof and for legal debts contracts and other legitime causes for the sake whereof it shall be proceeded according to law and the formes of Justice XXVI All the subjects and Inhabitants of France shall with all safety and liberty exercise their navigation and traffick in all the Kingdomes Countries and States that are and shall be in peace amity or neutrality with France without that they shall be troubled or disquieted in this liberty by the Ships Galleyes Frigots Boats or other Sea-vessels belonging to the said Lords the States or to any of their subjects upon occassion of the hostilities which hereafter might fall out between the said Lords the States General and the said Kingdoms Countries and States or any of them that are or shall be in peace amity or neutrality with France XXVII This Transport and this Traffick is to be extended to all sorts of Commodities except those of Contrebande XXVIII By this kind of Commodities of Contrebande is only understood to be comprehended all kinds of Firing Arms and other assortments thereof as Canons Carriages Musquets Mortars Petards Bombes Granado's Saucidges Forks Bandiliers Pouder Match Saltpetre Balles Piques Swords Morions Casques Curasses Hallebards Javelins Horses Horse-saddles Pistols Pistol-cases Belts and other assortments serving for the use of War XXIX There shall not be comprehended in this kind of Commodities of Contrebande Corn or other Grains all manner of Pulse Oyles Lents Salt nor generally all what belongs to the food and sustentation of a Town but they shall remain free as all Wares and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even to the places that are Enemies to the said Lords the States except to the Towns and places that are besieged blocked up or surrounded XXX For the execution of what is abovesaid it hath been agreed that it shall be done in manner following that the ships and boats with the Wares of the subjects of his Majesty being entred into some Havens of the said Lords the States and willing to pass to those of the said Enemies shall be obliged only to shew to the Officers of the Haven of the said Lords the States whence they shall depart their Pastports containing the specification of the charge of their ships attested and marked with the ordinary sign and seal and acknowledged by the Officers of the Admiralty of the place whence they go first with a declaration of the place whether they are bound all in the ordinary and accustomed forme after which exhibition of their Passports in the form aforesaid they shall not be molested searched detained nor retarded in their voyages under what pretence soever XXXI The same shall be observed in respect of the French ships and boats that shall go into any roads of the lands under the obedience of the said Lords the States without being willing to enter into the Havens or in case they enter there without being willing to disembarque or to break their charges which shall not be obliged to give account of their Carga but in case there be a suspition that they carry to the Enemies of the said Lords the States Commodities of Contrebande ashath been said above XXXII And in case of apparent suspition the said subjects of his Majesty shall be obliged to shew in the Ports their passeports in the forme above specified XXXIII That if they were entred into the roads or were met at sea by some ships of the said Lords the States or by private men of War their subjects the said ships of the united Provinces to avoid all disorder are not to approach nearer to the French then at the distance of a Canon shot and they are to send their little boat or Chalupe aboard of the French ships or boats and to cause only two or three men to enter to whom the pass-ports and sea-letters are to be shown by the Master or Patron of the French Vessel in the manner before specified according to the formul of the said sea-letters which shall be inserted at the end of this Treaty by which pass-ports and sea-letters it may appear not only what is his lading but also the place of his abode and residence and the name as well of the Master and patron as the ship it self to the end that by these two means it may be known whether they carry commodities of Contrebande and it may sufficiently appear what is as well the quality of the said ship as that of the Master and patron to which pass-ports and sea-letters entire faith and credit is to be given and to know the better their validity and that they may not in any way be falsified and conterfeited there are to be given certain marks and contre-seals of his Majesty and the said Lords the States General XXXIV And in case the said French Vessels and boats bound for the Havens of the Enemies of the said Lords the States there be found by the forementioned means some wares and commodities of those that are above declared to be of Contrebande and prohibited they are to be unloaden denounced and confiscated before the Judges of the Admiralty of the United provinces or other competent Judges yet without seizing or confiscating in any manner the ship and boat or other goods wares and commodities that are free and permitted found in the same Vessel XXXV It hath further been accorded and agreed upon that whatsoever shall be found laden by the subjects of his Majesty in a ship of the Enemies of the said Lords the States although they be not wares of Contrebande shall be confiscated with all that shall be found in the said ships without exception or reserve but on the other side also all shall be free what shall be and be found in the ships appartaining to the subjects of the most Christian King though the loading or part thereof belong to the enemies of the said Lords the States except the wares of Contrebande in reference