to their choice and consented to by the ordinary Judges as often as there shall be occasion and they shall not be constrained to shew their Books and Papers of Accompt to any Person if it be not to give Evidence for the avoiding Law-Suits and Controversies neither shall they be Embarqued Detained or taken out of their hands upon any pretence whatsoever And it shall be permitted to the People and Subjects of either King in the respective Places where they shall reside to keep their Books of Accompt Books of Accompt not subject to any Inquisition Traffick and Correspondence in what Language they please in English Spanish Dutch or any other the which shall not be molested or subject to any Inquisition And whatsoever else hath been granted by either Party concerning this Particular to any other Nation shall be understood likewise to be granted here XXXII That in case the Estate of any person or persons shall be Sequestred or Seised on by any Court of Justice or Tribunal whatsoever About Confiscation of Estates within the Kingdoms and Dominions of either Party and any Estate or Debt happen to lie in the hands of the Delinquents belonging bona fide to the People and Subjects of the other the said Estate or Debts shall not be Confiscated by any of the said Tribunals but shall be restored to the true Owners in specie if they yet remain and if not the value of them according to the Contract and agreement which was made between the Parties shall be restored within three Months after the said Sequestration XXXIII That the Goods and Estates of the People and Subjects of the one King Estates of those that die to be kept for the Heirs that shall die in the Countries Lands and Dominions of the other shall be preserved for the lawful Heirs and Successors of the Deceased the Right of any Third person always reserved XXXIV That the Goods and Estates of the Subjects of the King of Great Britain Concerning the Estates of those that die Intestate that shall die without making a Will in the Dominions of the King of Spain shall be put into Inventory with their Papers Writings and Books of Accompt by the Consul or other publick Minister of the King of Great Britain and deposited in the hands of two or three Merchants that shall be named by the said Consul or publick Minister to be kept for the Proprietors and Creditors and neither the Cruzada nor any other Judicatory whatsoever shall intermeddle therein which also in the like case shall be observed in England towards the Subjects of the King of Spain XXXV That a decent and convenient Burial-place shall be granted and appointed to bury the Bodies of the Subjects of the King of Great Britain The English to have a Burial-place for their Dead who shall die within the Dominions of the King of Spain XXXVI If it shall happen hereafter that any Difference fall out which God forbid between the King of Great Britain and the King of Spain whereby the mutual Commerce and good Correspondence may be endangered the respective Subjects and People of each Party shall have notice thereof given them in time that is to say the space of Six months to Transport their Merchandise and Effects without giving them in that time any molestation or trouble or Retaining or Embarquing their Goods or Persons XXXVII All Goods and Rights concealed or Embarqued In case of any Difference between the Crowns Six months notice to be given Moveables Immoveables Rents Deeds Debts Credits and the like which have not with a formal notice of the cause and by a legal Condemnation according to the Ordinary Justice been brought into the Royal Exchequer at the time of concluding this Treaty shall remain at the full and free disposal of the Proprietors their Heirs or of those who shall have their Right with all the Fruits Rents and Emoluments thereof and neither those who have concealed the said Goods nor their Heirs shall be molested for this cause by the Exchequers respectively but the Proprietors their Heirs or those who shall have their Right shall have for the said Goods and Rights their Action at Law as for their own proper Goods and Estate XXXVIII It is Agreed and Concluded English to have all Priviledges granted or to be granted to any other Stranger and reciprocally the Spanish to enjoy the like That the People and Subjects of the King of Great Britain and of the King of Spain shall have and enjoy in the respective Lands Seas Ports Havens Roads and Territories of the one or the other and in all Places whatsoever the same Priviledges Securities Liberties and Immunities whether they concern their Persons or Trade with all the beneficial Clauses and Circumstances which have been granted or shall be hereafter granted by either of the said Kings to the Most Christian King the States General of the United Provinces the Hans-Towns or any other Kingdom or State whatsoever in as full ample and beneficial manner as if the same were particularly mentioned and inserted in this Treaty XXXIX In case any Difference or Dispute shall happen on either side concerning these Articles of Trade and Commerce How to proceed in case any Dispute happen about these Articles by either the Officers of the Admiralty or other Person whatsoever in the one or the other Kingdom The Complaint being presented by the Party concerned to their Majesties or to any of their Council their said Majesties shall cause the Damages forthwith to be repaired and all things as they are above Agreed to be duly executed And in case that in progress of time any Frauds or Inconveniencies be discovered in the Navigation and Commerce between both Kingdoms against which sufficient Prevention hath not been made in these Articles other Provisions may be hereafter mutually Agreed on as shall be judged convenient the present Treaty remaining still in full force and vigour XL. It is likewise Accorded and Concluded That the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep and procure to be observed and kept by their Subjects and Inhabitants respectively all and singular the Capitulations in this present Treaty Agreed and Concluded Neither shall they directly or indirectly infringe the same or consent that the same shall be infringed by any of their Subjects or Inhabitants About the Ratifications And they shall Ratifie and Confirm all and singular the Conventions before Accorded by Letters Patents reciprocally in sufficient full and effectual Form and the same so formed and made shall interchangeably deliver or cause to be delivered faithfully and really within Four months after the Date of these Presents and they shall then as soon as conveniently may be cause this present Treaty of Peace and Amity to be published in all Places and in the manner accustomed Dated at Madrid the 13 23 day of May in the Year of our Lord 1667.
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
the Dutch may bring in their Ships into England For the Encouragement of Navigation in his own Subjects whereby Strangers are prohibited to Import any Commodities into England but such as are of their own Growth or Manufacture it may be lawful for the States General and their Subjects to carry also into England in their Ships all such Commodities as growing being produced or manufactured in Lower or Upper Germany are not usually carried so frequently and commodiously unto Sea-Ports thence to be Transported to other Countries any other way but through the Territories and Dominions of the United Netherlands either by Land or by Rivers III. Whereas the King of Great Britain hath heretofore pressed That Merchandise and Commodities on both Sides might be reduced to a certain and convenient Rule the States General also have always aim at the same Mark That Merchandise should be bounded and circumscribed within some certain Laws of perpetual Observation And yet that Business seems to require longer attention and labour then that it can be speedily dispatcht to the satisfaction of both Parties Commissioners for the Regulation of Trade to be appointed They are both content to remit the same unto a fitter Occasion that Commissioners on both Sides may meet together assoon as may be after this Peace is Concluded who may Resolve and Agree about specifying and circumscribing the Species of Commodities and the Laws of Navigation and may set the same down in new and mutual Covenants Yet lest in the mean time the Inhabitants and Subjects of both Parties should be in suspence and doubt as not knowing what kinds of Commodities it may be lawful or unlawful to carry or supply unto the Enemy of either Party after the manner and form of Warlike Provisions or Succours or under the title or pretence of Merchandise It is likewise Covenanted and Agreed That the Treaty of Navigation and Commerce made between the Most Christian King and the said States General beginning from the 26. unto the 42. Article inclusively in that manner and tenor wherein they follow here inserted in the French Language may provisionally serve for a Rule and Law and so make way for the perfecting of a larger and fuller Treaty concerning Maritime Commerce between the above-mentioned Parties The foresaid Articles follow 26. All the Subjects and Inhabitants of France may with all safety and freedom Sail and Traffick in all the Kingdoms Freedom of Trade with Places in Peace Amity or Neutrality Countries and Estates which are or shall be in Peace Amity or Neutrality with France without being troubled or disquieted in that Liberty by the Ships Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with France 27. This Transportation and Traffick shall extend to all sorts of Merchandise except those of Contraband 28. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances Contraband Goods as Cannon Musquets Mortar-Pieces Petards Bombs Granadoes Saucisses Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-pieces Cuirasses Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War 29. In this quality of Contraband Goods these following shall not be comprehended Wheat Corn c. no Contraband Goods Wheat Corn and other Grain Gums Oyls Wines Salt nor generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested 30. It hath been Agreed That the Execution of what is abovesaid shall be performed in the manner following Ships entring into Port with intention to pass to an Enemies Port not to be Scarched upon shewing their Passports That the Ships and Barques with the Merchandise of his Majesties Subjects being entred into any Port of the said States General and purposing to pass from thence unto the Ports of the said Enemies shall be onely obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal and Signing acknowledged by the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever 31. The same course shall be used in regard of the French Ships and Barques which shall come into any Roads of the Countries under the Obedience of the said States The same concerning Ships coming into Roads not to give an account of their Lading not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid 32. And in case of such apparent suspicion Nor to shew Passports but in case of suspicion the said Subjects of His Majesty shall be obliged to shew in the Ports their Passports in the Form above specified 33. But if they were come within the Roads Ships at Sea how to be Visited or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces shall come no nearer unto the French Barques then within Cannon-shot and may send their Long-Boat or Shallop on Board the French Ships or Barques and cause onely two or three Men to go on Board unto whom the Passports and Certificates shall be shewn by the Master or Pilot of the French Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty by which Passports and Certificates proof may be made not only of the Lading but also of the Place of the Abode and Residence as well of the Master and Pilot as of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master and Pilot may sufficiently appear Unto which Passports and Certificates entire faith and credit ought to be given And to the end that their validity may be the better known and that they may not be in
of Mail and the like kind of Armature Soldiers Horses and all things necessary for the Furniture of Horses Holsters Belts and all other Warlike Instruments whatsoever IV. These Merchandises following shall not be reckoned among prohibited Goods viz. What Goods shall not be looked upon as Contraband all kind of Cloth and all other Manufactures woven of any kind of Wooll Flax Silk Cotton or any other Material all sorts of Clothing and Vestments together with the Materials whereof they use to be made Gold and Silver as well Coyned as not Coyned Tin Iron Lead Copper and Coals as also Wheat and Barley and all other kind of Corn or Pulse Tobacco and all kind of Spices salted and smoked Flesh salted and dried Fish Cheese Butter Beer Oyls Wines Sugars and all sort of Salt and in general all Provision which serves for the nourishment and sustenance of Life Likewise all kind of Cotton Hemp Flax and â—itch Ropes Sails and Anchors also Masts and Planks Boards and Beams of what sort of Wood soever and all other Materials requisite for the building or repairing Ships but they shall be wholly reputed amongst Free Goods even as well as all other Wares and Commodities which are not comprehended in the next precedent Article so that the same may be freely Transported and carried by the Subjects of the Most Serene King of Great Britain Freedom of Trade not only from one Place in Neutrality to another or from a Neutral Place to one in Enmity but also from one Port in Enmity to another likewise in Enmity with either of the Parties not only from one Neutral Place to another Neutral Place or from a Neutral Port or Place to a Place in Hostility with the Most Christian King or from a Place in Hostility with him to a Neutral Place but also from one Place in Enmity with the Most Christian King to another Port or Place in Enmity with him Be it that such Ports or Places do belong to the same Prince or State Enmity to another likewise in Enmity with either of the Parties or to several Princes or States with whom the Most Christian King shall happen to be in War And in like manner that the same may be freely Transported by the Subjects of the Most Christian King not only from one Neutral Place to another Neutral Place or from a Neutral Port or Place to a Place in Hostility with the King of Great Britain or from a Place in Hostility with him to a Neutral Place But also from one Place in Enmity with the King of Great Britain to another Port or Place in Enmity with him Be it that such Ports or Places do belong to the same Prince or State or to several Princes or States with whom the King of Great Britain shall happen to be in War Except Places Besieged or Invested except only Towns or Places Besieged Environed or Invested in French Blocquees ou Investies V. And that all manner of Differences and Contentions on both Sides by Sea and Land may from henceforth cease and be utterly extinguished It is Agreed Ships coming into any Port and intending to go further only to shew their Passports That all kind of Ships and Vessels whatsoever belonging to the Subjects of his said Majesty of Great Britain entring or being entred into any Road or Port under the Obedience of the Most Christian King and purposing to pass from thence shall be only obliged to shew unto the Officers acting in the Ports of the said Most Christian King or to the Captains of the Most Christian Kings Ships or of Private Men of War if any happen there to be their Passport commonly called a Sea-Brief the Form whereof is added at the end of these Articles nor shall any Money or any thing else be exacted from them under that pretence But if any Ship belonging to the Subjects of his Majesty of Great Britain shall in the open Sea or elsewhere out of the Dominions of the said Most Christian King meet the Ships of War of the said Most Christian King or Private Men of War of his Subjects the said Ships of the Most Christian King shall keep at a convenient distance and only send out their Boat Ships how to be visited at Sea and it shall be lawful for them only with two or three Men to go on Board the Ships and Vessels of the Subjects of his Majesty of Great Britain that the Passport or Sea-Brief of the Propriety thereof according to the Form hereafter specified may be shewn to them by the Captain or Master of such Ship or Vessel belonging to the Subjects of his Majesty of Great Britain And the Ship which shall shew the same shall freely pass and it shall not be lawful to molest search detain or divert the same from her intended Voyage And all the Subjects of the Most Christian King shall enjoy in all things the same Liberty and Immunity they in like manner shewing their Passport or Sea-Brief made according to the Form prescribed at the latter end of this Treaty VI. But if any Ship or Vessel belonging to the English Ships going to Places in Enmity with the other Party to shew their Cocquets besides their Passports or other Subjects of his Majesty of Great Britain shall be met by any Man of War making into any Port in Enmity with the Most Christian King or on the other Side if any Ship belonging to the Most Christian King or others Subjects of the said Most Christian King shall be met in her Way making into any Port under the Obedience of the Enemies of his said Majesty of Great Britain such Ship shall shew not only a Passport or Sea-Brief according to the Form hereunder prescribed wherewith she is to be furnished but also her Cocquets expressing the Contents of the Goods on Board given in the usual Form by the Officers of the Customs in the Port from whence she came whereby it may be known whether she is laden with any Merchandises prohibited by the third Article of this Treaty VII But if by the shewing the abovesaid Cocquets expressing the Contents of the Goods on Board If prohibited Goods be found in a Ship what to be done given in the usual Form by the Officers of the Customs in the Port from whence she came concerning the shewing whereof it is above Agreed either Party shall discover any kind of Merchandises which in the third Article of this Treaty are declared to be Contraband or Prohibited consigned to any Port under the Obedience of their Enemies it shall not be lawful to open the Hatches of such Ship in which the same shall happen to be found whether she belongs to the Subjects of his Majesty of Great Britain or of the Most Christian King nor to unlock or break open the Chests Mails Packs or Casks in the same not to convey away any the least part of the Merchandises before the whole be first Landed in the
Goods belonging to any of his said Majesties Subjects to Algiers or to any Port or Place in that Kingdom the Governors there shall not permit them to be sold within the Territories of Algiers X. That if any of the Ships of War of the said King of Great Britain do come to Algiers Kings Ships may sell their Prizes at Algiers or to any other Port or Place of that Kingdom with any Prize they may freely sell it or otherwise to dispose of it at their own pleasure without being molested by any And that his Majesties said Ships of War shall not be obliged to pay Customs in any sort Not to pay any Customs and that if they shall want Provisions Victuals May buy Provisions or any other things they may freely Buy them at the Rates in the Market XI That when any of his said Majesties Ships of War shall appear before Algiers The Kings Ships coming to Algiers Proclamation shall be made and if after that any Slaves escape they shall not be required back nor be answered for upon notice thereof given by the English Consul or by the Commander of the said Ships to the chief Governors of Algiers publick Proclamation shall be immediately made to secure the Christian Captives And if after that any Christians whatsoever make their escape on Board any of the said Ships of War they shall not be required back again nor shall the said Consul or Commander or any other his Majesties Subjects be obliged to pay any thing for the said Christians XII That from and after the time that the Ratification of this Treaty by the King of Great Britain shall be delivered to the chief Governors of Algiers No English shall be bought sold or made Slaves at Algiers no Subjects of his said Majesty shall be bought or sold or made Slaves in any part of the Kingdom of Algiers The King not obliged to Redeem his Subjects now in Slavery upon any pretence whatsoever And the said King of Great Britain shall not be obliged by virtue of this Treaty of Peace to Redeem any of his Subjects now in Slavery or who may be made Slaves before the said Ratification But it shall depend absolutely upon his Majesty or the Friends and Relations of the said Persons in Slavery without any limitation or restriction of time to Redeem such and so many of them from time to time as shall be thought fit agreeing of as reasonable a Price as may be with their Patrons or Masters for their Redemption without obliging the said Patrons or Masters against their wills to set any at Liberty whether they be Slaves belonging to the Beylicque or Gally or such as belong to the Bashaw Dey Governor Aga or any other Persons whatsoever English Caprives when Redeemed to have abatements of certain Dues And all Slaves being his Majesties Subjects shall when they are Redeemed enjoy the advantage and benefit of abatements of the Duty due to the Royal House and of the other Charges by paying such reasonable Sums as any Slaves of other Nations usually pay when they are Redeemed XIII That if any Subject of the said King of Great Britain happen to die in Algiers Goods of English dying at Algiers not to be Seized or in any part of its Territories his Goods or Moneys shall not be Seized by the Governors Judges or other Officers of Algiers who shall likewise make no Enquiry after the same but the said Goods or Moneys shall be possessed or received by such person or persons whom the Deceased shall by his last Will have made his Heir or Heirs in case they be upon the Place where the Testator deceased Their Estates to be kept for their Heirs But if the Heirs be not there then the Executors of the said Will lawfully constituted by the Deceased shall after having made an Inventory of all the Goods and Moneys left take them into their custody without any hindrance and shall take care the same be remitted by some safe way to the true and lawful Heirs and in case any of his said Majesties Subjects happen to die not having made any Will English Consul to have a care there of the English Consul shall possess himself of his Goods and Moneys upon Inventory for the use of the Kindred and Heirs of the Deceased XIV That no Merchants being his Majesties Subjects English not obliged to buy Goods against their wills and Residing in or Trading to the City and Kingdom of Algiers shall be obliged to buy any Merchandises against their Wills but it shall be free for them to buy such Commodities as they shall think fit No Ships to be obliged to lade or carry Goods against their will and no Captain or Commander of any Ship or Vessel belonging to his said Majesties Subjects shall be obliged against his Will to Lade any Goods to carry them or make a Voyage to any Place he shall not have a mind to go to And neither the English Consul nor any other Subject of the said King English Consul not obliged to pay the Debts of another Englishman shall be bound to pay the Debts of any other of his Majesties Subjects except that he or they become Sureties for the same by a publick Act. XV. That the Subjects of his said Majesty in Algiers or its Territories English to be subject to no Jurisdiction but that of the Dey or Divan Differences between the English to be determined by the Consul in matter of Controversie shall be liable to no other Jurisdiction but that of the Dey or Duan except they happen to be at Difference between themselves in which case they shall be liable to no other Determination but that of the Consul only XVI That in case any Subject of his said Majesty being in any part of the Kingdom of Algiers happen to Srike English striking or killing a Turk to be punished with no greater severity then a Turk if he escapes no other to answer for him Wound or Kill a Turk or a Moor if he be taken he is to be punished in the same manner and with no greater severity then a Turk ought to be being guilty of the same Offence but if he escape neither the said English Consul nor any other of his said Majesties Subjects shall be in any sort questioned and troubled therefore XVII That the English Consul now Liberties of the English Consul or at any time hereafter living in Algiers shall be there at all times with entire freedom and safety of his Person and Estate and shall be permitted to choose his own Druggerman and Broker and freely to go on Board any Ships in the Road as often and when he pleases and to have the liberty of the Country And that he shall be allowed a Place to Pray in and that no man shall do him any Injury in Word or Deed. XVIII That not only during the continuance of this Peace and
at liberty to prosecute their Voyage and they that pretend any thing of them let them come to the Divan for to be judged and let the Ambassador defend them from those that come to demand but if the Consul will not be Security then let the Judge of the Place give Sentence IV. In Constantinople Scanderoon Smyrna and Cyprus and all other Ports and Scales of my Empire whatsoever English Ships shall arrive they shall pay three hundred Aspers for Anchorage or Port Charges and there shall not nor ought not to be taken or paid one Asper more V. An Englishman coming with Effects and turning Mussulman the Ambassador or Consul knowing that such Effects do belong to other English Merchants let all the Money and other Effects be taken out of the hand of such a Mussulman and consigned to the Ambassador to the end that he may transmit them to whom they do belong that by this means no Goods of other men may remain in the hands of such a Mussulman and let not this be hindred by the means of any Caddi or other Judges or Ministers VI. Any of the aforesaid English Nation buying Chamblets Moehairs or Grogran-Yarn in Angora or Begbazar if they will Export the said Goods from those Places after having paid Three per cent for the Custom of such Goods they Export let them not be molested for Skraz Batch that is for Passage or Exportation and there neither shall nor ought to be taken upon the account of any such Demand one Asper VII Any English Merchant being to receive from his Debtor any Sum of Money if the said Debt be recovered by the means and help of an Assistant or Chiaus he that recovers the Debt shall pay no more than what is paid to other Caddi's which is two Aspers only and not one Asper more VIII There passing good Correspondence between Us and the King of England out of regard of this good Friendship We do grant that two Ships lading of Figs Raisins or Currants may be yearly Exported for the use of his Majesty's Kitchin if there be not a dearth and scarcity of such Fruit in the Country which we allow to be bought with their Money that Export them at the Scale of Smyrna Salonica or any other Scale or Port of our Empire paying Three per cent Custom which being paid no person shall give to them that lade them any molestation or hindrance IX It being represented to Us that the English have been accustomed hitherto to pay no Custom nor Mezan for any Silk they bought in Smyrna that of Prussia and Constantinople excepted viz. for the Silk of Giorgia Persia or Armenia if really there is any such Use and Custom and the thing is not of prejudice to the Empire let there in Smyrna for the future be demanded neither Custom nor Mezan for the said Silk but to the English Merchants let all kindness be used and shown And the Ambassador having made instance to Us that the foregoing Articles might be put into the Capitulations his Request is granted and conformable to the former Imperial Sign and Capitulation let now in conformity of what was passed and of my Imperial Command be renewed and granted this present Imperial Capitulation which We command so long as Charles the Second King of England whose end may it terminate in happiness maintains good Friendship and Correspondence with Us according to what has been maintained with our Ancestors and to which We on our Part are not wanting with all tenderness entertaining this Friendship And we do Swear and Promise by Him that has Created the Heaven and the Earth and all the Creatures by the Creator the one God We do Promise that nothing shall be done contrary to this Imperial Capitulation and accordingly every one is to obey our Imperial Sign Given in the middle of the Moon Gemaziel Akir 1086. in the Imperial City of Adrianople being in the Month of September 1675. The Grand Signor writes above with his own Hand as follows Let every thing be observed in Conformity to Our IMPERIAL COMMAND and contrary to it let nothing be done A Treaty Marine 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 at St. Germains in Laye the Twenty fourth day of February 1676 7. Artic. I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince the King of Great Britain aforesaid English to have freedom of Trade to all Places in Friendship or Neutrality with England with all Freedom and Safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countreys and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with his said Majesty So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Christian King or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Most Christian King and any Princes or People whatsoever in Peace Amity or Neutrality with the said King of Great Britain The like to the French Subjects And likewise that it shall and may be lawful for all and every the Subjects of the said Most Christian King with all Freedom and Safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with the aforesaid Most Christian King So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the King of Great Britain above mentioned or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between his said Majesty and any Princes or People whatsoever in Peace Amity or Neutrality with the said Most Christian King II. Nor shall this Freedom of Navigation and Commerce be Infringed by occasion or cause of any War To extend to all Commodities but Contraband in any kind of Merchandises but shall extend to all Commodities which shall be carried in time of Peace those only excepted which follow in the next Article and are comprehended under the name of Contraband III. Under this name of Contraband What Goods are Contraband or prohibited Merchandises shall be comprehended only Arms Pieces of Ordnance with all Implements belonging to them Fireballs Powder Match Bullets Pikes Swords Lances Spears Halberds Guns Mortar-Pieces Petards Granadoes Musquet-Rests Bandeliers Salt-petre Musquets Musquet-Shot Helmets Corslets Breastplates Coats
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
the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. And the Most Serene and Potent Prince Christian the Fifth by the Grace of God King of Denmark Norway c. Concluded at Copenhagen the 11th day of July 1670. I. THat there be between the two Kings their Heirs and Successors As also their Kingdoms Principalities Provinces Estates Counties Islands Cities Subjects and Vassals of what Condition Dignity and Degree soever by Land and Sea in Rivers Fresh-waters and all Places whatsoever as well in Europe as out of Europe now and for the time to come a sincere A perfect Peace and Friendship true and perfect Friendship Peace and Confederation So as that neither Party do any Wrong Injury or Prejudice to the Kingdoms Principalities Provinces and Estates or to the Inhabitants and Subjects of the other nor suffer any to be done by others as much as in him is But rather live as Friends together using each other with Good-will and Respect And promoting upon all Occasions the Interests and Advantages of each other and their Subjects as if they were their own And preventing and hindring with all their power by their Assistance and Advice any Damage Wrong and Injury that may be offered them II. Neither of the foresaid Kings and their Heirs shall consent to any thing that may be to the Prejudice or Detriment of his Allie Not to consent to any thing prejudicial to each other but if either of the Kings shall know that any thing is Proposed or is in Agitation or Contrivance or that will be Proposed Agitated or Contrived which may tend to the Detriment of the other He shall be obliged to signifie the same unto him without delay and in the mean time to hinder and prevent it by all ways possible III. The foresaid Kings for themselves Not to Assist each others Enemies if Aggressors their Heirs and Successors mutually do undertake and promise That they will not aid or furnish the Enemies of either Party that shall be Aggressors with any Provisions of War as Souldiers Arms Engines Guns Ships or other Necessaries for the use of War or suffer any to be furnished by their Subjects But if the Subjects of either Prince shall presume to act contrary hereunto then that King whose Subjects shall have so done shall be obliged to proceed against them with the highest severity as against Seditious persons and Breakers of the League IV. It is further Covenanted and Agreed To Assist Denmark if Invaded That if at any time hereafter any Prince or State shall Invade or by any Hostile way Attempt upon the Hereditary Kingdoms Provinces Counties Towns Islands Territories or Dominions of the King of Denmark which he now possesseth then the King of Great Britain shall Assist the said King of Denmark in time with such number of Land Forces and Ships of War against such Aggressor as shall suffice to repell the Force and as the State of the said Kings Affairs shall require Each Party to be comprehended in any Treaty made with others And the said King of Great Britain shall therefore with all his Power endeavour to hinder that by such Invasion or Disturbance the King of Denmark be not prejudiced in any wise in his Kingdoms Dominions or Rights And if the said King of Great Britain or the said King of Denmark shall Contract or make any League Alliance or Union with any other King Prince Commonwealth or State they shall respectively endeavour to comprehend therein each other and their Dominions as much as in them lies if they shall desire to be comprehended V. It shall be lawful for the Subjects of both Kings with their Commodities and Merchandise both by Sea and Land Freedom of Trade in time of Peace without Licence or Safe-Conduct general or special to come to the Kingdoms Provinces Mart-Towns Ports and Rivers of each other and in any Place therein to remain and Trade paying usual Customs and Duties Reserving nevertheless to either Prince his Superiority and Regal Jurisdiction in his Kingdoms Provinces Principalities and Territories respectively VI. It is notwithstanding Covenanted and Concluded English not to come to Prohibited Ports but by Licence or stress of Weather That the Subjects of the King of Great Britain shall in no wise come to the Prohibited Ports of which mention is made in precedent Treaties nor Colonies without the special Licence of the King of Denmark first desired and obtained unless they shall be compelled to make thither and enter therein by stress of Weather or pursuit of Pirates in which case neither shall it be lawful for them to buy or sell Nor the Danes to any of the Plantations As also in like manner the Subjects of the King of Denmark shall not come to the British Colonies unless by special Licence of the King of Great Britain first desired and obtained VII It shall be lawful for the Subjects of the Most Serene King of Denmark to bring into their own Stores and Warehouses in England Danes to bring in all things of their own Growth or Manufacture into England Scotland or Ireland and such as come from the Elbe Scotland and Ireland and other the Ports of the King of Great Britain in Europe such Commodities as now or hereafter shall be of the Growth and Production of the Estates Countries and Dominions subject to the King of Denmark or of the Manufacture thereof and likewise such as come from any part of the River of Elbe In like manner shall it be lawful for the Subjects of the King of Great Britain to Import and bring into Denmark The like liberty to the English in the King of Denmark's Dominions except Ports Prohibited Norway and all other Ports and Colonies not prohibited of the King of Denmark all kinds of Merchandise which now or hereafter shall be produced or made in the Kingdoms Countries and Estates under the Subjection of the King of Great Britain In case any Strangers have hereafter liberty to bring all sorts of Goods into Prohibited Ports both Parties respectively to have the same Priviledge But if at any time hereafter it be permitted to any Foreign Nations to bring all kinds of Commodities without exception into England Scotland and Ireland and other the Ports belonging to the King of Great Britain then the same also shall be lawful for the Subjects of the King of Denmark Which in like manner shall be permitted to the Subjects of the King of Great Britain upon the like occasion in the Prohibited Ports and Colonies of the King of Denmark VIII It is also Covenanted and Agreed The English to pay no greater Duries then other Strangers except the Swedes That the People and Subjects of the King of Great Britain Sailing to any the Hereditary Kingdoms Countries or Dominions of the King of Denmark or Trading in the same shall pay no more or greater Customs Tribute Toll
manner whatsoever And if any one die within the Kingdoms or Provinces of the other Prince without making any such Dispositions then the Goods by him left moveable or immoveable of whatever nature or condition the same shall be shall be faithfully preserved for the use of the right Heir and for satisfaction of such Debts as the Party deceased was justly bound to pay And to that end so soon as any Subject of either Prince shall die in the other Princes Dominions the Consul or Publick Minister then Residing there shall have right to possess the said Moneys and Goods and shall make Inventories of the same before some Magistrate of the Place Which Goods shall afterwards remain in his hands to be answered to the Heirs and Creditors as aforesaid But if no such Consul or Publick Minister shall be there then it shall be lawful for two Merchants of the same Country with the Party deceased to possess the Goods left by him to preserve them and in like manner to answer them to the Heirs and Creditors Which notwithstanding is to be so understood that no Papers or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate but only the real Goods and Merchandise of the Deceased And that the said Magistrate within the space of Fourty eight hours after notice given and request made shall be obliged to be present otherwise the said Inventories shall be made without him XVI It shall be lawful for either of the Confederates and their Subjects or People to Trade with the Enemies of the other Freedom of Trade with each others Enemies unless in Ports Besieged and Contraband Goods and to carry to them or furnish them with any Merchandises Prohibited only which they call Contrabanda excepted without any impediment unless in Ports and Places Besieged by the other Which nevertheless if they shall so do it shall be free for them either to sell their Goods to the Besiegers or betake themselves to any other Port or Place not Besieged XVII It is also Agreed Any Merchant to reside freely where he Trades That it shall be free and lawful for the Subjects of either Prince Trading in the Dominions or Ports of the other there to remain and reside for the buying and selling Commodities without any restriction of Time or Limitation to be imposed upon them by any Officers or Magistrates of the said Dominions or Ports they paying the accustomed Duties for all Goods and Merchandise by them Imported or Exported And further provided that they Trade with none but such as are Citizens or Burgers of some City or Town within the Kingdoms of Denmark or Norway and that only by Wholesale and not by Parcels or Retail XVIII Furthermore Duties to be paid according to the Printed Tariffes for the better encouragement of Trade and Commerce and for the utter avoiding of all Frauds and Disputes that may arise between the Officers of Ports and Merchants It is Agreed and Concluded That all and singular Duties shall be demanded and paid according to the Printed Tariffe or Book of Rates wherein shall be comprised all Customs and Duties to be paid as well for Goods in the respective Ports as for Passage through the Sound And to the end that this may be the more strictly observed both Kings shall not only enjoyn his Officers and Collectors of his Customs under the highest Penalty not to do any thing that may frustrate or elude this Agreement But also that they do not by Molestation or Exaction cause any Trouble or offer any Injury to the Subjects of either King XIX Moreover it is Concluded and Agreed English Ships Trading to Norway to be remeasured That the King of Denmark shall constitute the Overseers of his Customs or others Commissioners for re-measuring all Ships belonging to the Subjects of the King of Great Britain Trading in Norway according to their Burden and Content so as that what has been hitherto not rightly observed either in excess or defect may be hereafter reduced into better order XX. But lest such freedom of Navigation or Passage of the one Allie and his Subjects and People Passports and Certificates to be given to Ships during the War that the other may have by Sea or Land with any other Country may be to the prejudice of the other Allie and that Goods and Merchandise belonging to the Enemy may be fraudulently concealed under colour of being in Amity For the preventing of Fraud and clearing all Suspicion it is thought fit That the Ships Goods and Men belonging to the other Confederate in their Passage and Voyages be accompanied with Letters of Passport and Certificate The Forms whereof to be as follows CHARLES the Second by the Grace of God King of Great Britain c. CHRISTIAN the Fifth by the Grace of God King of Denmark and Norway c. BE it known unto all and singular to whom these Our Letters of Safe-conduct shall be shewn Form of the Pass That _____ Our Subject and Citizen of Our City of _____ hath humbly represented unto Us that the Ship called _____ of the Burthen of _____ Tuns doth belong unto them and others our Subjects and that they are sole Owners and Proprietors thereof and is now Laden with the Goods which are contained in a Schedule which she hath with her from the Officers of Our Customs and do solely truly and really belong to Our Subjects or others in Neutrality bound immediately from the Port of _____ to such other Place or Places where she may conveniently Trade with the said Goods being not Prohibited nor belonging to either of the Parties in Hostility or else find a Freight Which the foresaid _____ Our Subject having Attested by a Writing under his Hand and Affirmed to be true by Oath under Penalty of Confiscation of the said Goods We have thought fit to grant him these Our Letters of Safe-conduct And therefore We do hereby respectively pray and desire all Governors of Countries and Seas Kings Princes Commonwealths and free Cities and more especially the Parties now in War and their Commanders Admirals Generals Officers Governors of Ports Commanders of Ships Captains Freighters and all others whatsoever having any Jurisdiction by Sea or the Custody of any Port whom the Ship aforesaid shall chance to meet or among whose Fleet or Ships it shall happen to fall or make stay in their Ports that by virtue of the League and Amity which We have with any King or State they suffer the said Master with the Ship _____ Persons Things and all Merchandise on Board her not only freely and without any Molestation Detention or Impediment to any Place whatsoever to pursue his Voyage but also to afford him all Offices of Civility as to Our Subject if there shall be occasion Which upon the like or other occasion We and Ours shall be ready to return Given the _____ day of _____ in the Year _____ WE the President
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