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A46602 Treaty of peace, good correspondence & neutrality in America between the most serene and mighty Prince James II by the grace of God, King of Great Britain, France and Ireland, Defender of the Faith, &c : and the most serene and mighty Prince Lewis XIV, the most Christian King : concluded the 6/16 day of Novemb. 1686. England and Wales.; France. Treaties, etc. England and Wales, 1686 Nov. 16. 1686 (1686) Wing J393; ESTC R10885 5,609 21

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TREATY Of PEACE Good Correspondence Neutrality IN AMERICA Between the most Serene and Mighty Prince JAMES II. By the Grace of GOD King of Great Britain France and Ireland Defender of the FAITH c. And the most Serene and Mighty Prince LEWIS XIV The Most Christian King Concluded the 6 16th Day of Novemb. 1686. Published by His Majesties Command In the Savoy Printed by Thomas Newcomb One of His Majesties Printers MDCLXXXVI TREATY Of Peace Good Correspondence and Neutrality in America Between the most Serene and Mighty Prince JAMES the Second By the Grace of GOD KING of Great Britain France and Ireland Defender of the Faith c. And the most Serene and Mighty Prince LEWIS the Fourteenth The Most Christian King Concluded the 6 16th Day of November 1686. I. IT is Concluded and Agreed That from this day forward there be a firm Peace Union Amity and good Correspondence as well by Land as by Sea between the British and French Nations in America as well Northern as Southern and within the Islands Colonies Forts Cities and Governments without exception of Places belonging to the most Serene King of Great Britain or to the most Serene most Christian King and which are under the Jurisdiction of either King respectively II. That no Ships or Vessels great or small belonging to the most Serene King of Great Britain's Subjects in the said English Islands Colonies Forts Cities and Governments shall be fitted out or imployed to Invade or Attack the most Serene most Christian King's Subjects in their Islands Colonies Forts Cities and Governments or to do them any injury or damage In like manner that no Ships or Vessels great or small belonging to the most Serene most Christian King's Subjects in the said French Islands Colonies Forts Cities and Governments shall be fitted out or imployed to Invade or Attack the most Serene King of Great Britain's Subjects in their Islands Colonies Forts Cities and Governments or to do them any injury or damage III. That no Soldiers Armed Men or any others whatsoever inhabiting and living in the said English Islands Colonies Forts Cities and Governments or who come out of Europe to be in Garison there shall commit any Act of Hostility or do any injury or damage directly or indirectly against the most Serene most Christian King's Subjects in the said French Islands Colonies Forts Cities and Governments neither shall they give any Assistance of Supplies of Men or Victuals to the barbarous or wild Indians with whom the most Christian King shall have a War In like manner no Souldiers Armed Men or any others whatsoever inhabiting and living in the said French Islands Colonies Forts Cities and Governments or who come out of Europe to be in Garison there shall commit any Act of Hostility or do any injury or damage directly or indirectly against the most Serene King of Great Britain's Subjects in the said English Islands Colonies Forts Cities and Governments neither shall they give any Assistance or Supplies of Men or Victuals to the barbarous or wild Indians with whom the King of Great Britain shall have a War IV. It is agreed That both Kings shall have and retain to themselves all the Dominion Rights and Pre-eminences in the American Seas Roads and other Waters whatsoever in as full and ample manner as of right belongs unto them and in such manner as they now possess the same V. And therefore the Subjects Inhabitants Merchants Commanders of Ships Masters and Mariners of the Kingdoms Provinces and Dominions of each King respectively shall abstain and forbear to Trade and Fish in all Places possest or which shall be possest by the one or the other Party in America viz. The King of Great Britain's Subjects shall not direct their Commerce and Trade nor Fish in the Havens Bays Creeks Roads Shoars or Places which the most Christian King holdeth or shall hereafter hold in America and in like manner the most Christian King's Subjects shall not direct their Commerce and Trade nor Fish in the Havens Bays Creeks Roads Shoars or Places which the King of Great Britain possesseth or shall hereafter possess in America And if any Ship or Vessel shall be found Trading or Fishing contrary to the Tenor of this Treaty the said Ship or Vessel with its Lading due Proof thereof being made shall be Confiscated Nevertheless the Party who shall find himself aggrieved by such Sentence of Confiscation shall have liberty to apply himself to the Council of State of that King by whose Governours or Judges the Sentence has been given against him and there complain of the Matter which nevertheless shall not stop the Execution of the Sentence But it is always to be understood That the Liberty of Navigation ought in no manner to be disturbed where nothing is committed against the genuine sense of this Treaty VI. It is also agreed That in case the Subjects and Inhabitants of either of the Kings with their Shipping whether Publick and of War or Private and of Merchants be forced through stress of Weather persuit of Pyrates and Enemies or any other urgent Necessity for the seeking of Shelter and Harbour to retreat and enter into any of the Rivers Creeks Bays Havens Roads Ports and Shoars belonging to the other in America they shall be received and treated there with all Humanity and Kindness and enjoy all friendly Protection and Help And it shall be lawful for them to refresh and provide themselves at reasonable and the usual Rates with Victuals and all things needful either for the Sustenance of their Persons or Reparation of their Ships and Conveniency of their Voyage and they shall in no manner be detained or hindred from returning out of the said Ports or Roads but shall remove and depart when and whither they please without any let or impediment Provided always that they do not break Bulk nor carry out of their Ships any Goods exposing them to Sale nor receive any Merchandise on Board nor employ themselves in Fishing under the Penalty of the Confiscation of Ships and Goods as in the foregoing Article is expressed And it is further agreed that whensoever the Subjects of either King shall be forced to enter with their Ships into the other's Ports as is above mentioned they shall be obliged at their coming in to hang out their Flag or Colours of their Nation and give notice of their coming by thrice firing a Cannon and if they have no Cannon by thrice firing a Musket which if they shall omit to do and however send their Boat on Shoar they shall be liable to Confiscation VII If any Ships belonging to either of the Kings their People and Subjects shall within the Coasts or Dominions of the other stick upon the Sands or be Wreckt which God forbid or suffer any Damage all friendly Assistance and Relief shall be given to the Persons Shipwrackt or who shall be in danger thereof and Letters of Safe-conduct shall likewise be given to them for
their free and quiet passage thence and the return of every one to his own Country VIII VVhen it shall happen that the Ships of either Party as is abovementioned through danger of the Sea or other urgent cause he driven into the Ports of the other if they be Three or Four together and may give just ground of Suspition they shall immediately upon their arrival acquaint the Governor or Chief Magistrate of the Place with the Cause of their Coming and shall stay no longer than the said Governor or chief Magistrate will permit and shall be requisite for the furnishing themselves with Victuals and the Reparation of their Ships IX It is also agreed That the King of Great Britain's Subjects inhabiting the Island of St. Christophers may fetch Salt from the Salt-Ponds there and carry the same away as well by Sea as by Land without any Hindrance or Molestation And also that the Most Christian King's Subjects of the said Island may enter into the Rivers of the great Road there to fetch or provide themselves with Water upon condition nevertheless that the King of Great Britain's Subjects shall only in the day time lade Salt upon their Ships or Vessels and in like manner that the Most Christian King's Subjects shall fetch Water in the day time only And also that the Ships or Vessels of either Nation which shall come for Salt or Water shall be obliged to give Notice of their coming by hanging out their Flag or Colours of their Nation and by thrice firing a Cannon and if they have no Cannon by thrice firing a Musquet And in case any Ship of either Nation shall Trade or Trafick under pretence of fetching Salt or Water the said Ship shall be Confiscated X. The Subjects of either Nation shall not Harbor the Barbarous or wild Inhabitants or the Slaves or Goods which the said Inhabitants have taken from the Subjects of the other Nation Neither shall they give them any Assistance or Protection in their said Depredations XI The Governors Officers and Subjects of either King shall not in any wise molest or disturb the Subjects of the other in setling their respective Colonies or in their Commerce and Navigation XII And the more to assure the Subjects of the King of Great Britain and of the Most Christian King that no Injury shall be offered to them by the Ships of War or private Men of VVar 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 VVar 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 XIII For this Cause all the Commanders of private Men of VVar shall from henceforth be obliged before they receive their Commissions to enter before a Competent Judge into good and sufficient Security by able and responsible Men who have no Part or Interest in such Ships in the Sum of One Thousand Pounds Sterling or Thirteen Thousand Livres and when they have above One Hundred and Fifty Men then in the Sum of Two Thousand Pounds Sterling or Six and Twenty 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 Pain of Revocation and Annulling their said Commissions in which it shall be always inserted that they have given such Security as abovesaid And likewise it is agreed that the Ship it self shall be also liable to make satisfaction for Injuries and Damages done by Her XIV And whereas several Pirats Roving up and down the American Seas as well Northern as Southern do much damnifie Trade and molest the Subjects of both Crowns in their Navigation and Commerce in those Parts it is agreed that strict Orders shall be given to the Governors and Officers of both Kings that they give no Assistance or Protection to any Pirates of what Nation soever nor suffer them to have any Retreat in the Ports or Roads of their respective Governments and the said Governors and Officers shall also be expressly Commanded to punish as Pirats all such who shall Arm out any Ship or Ships for Privateering without lawful Commission and Authority XV. No Subject of either King shall ask or take any Commission or Letters of Mart for Arming any Ship or Ships to go Privateering in America whether Northern or Southern from any Prince or State with whom the other is in War and if any Person shall take such Commission or Letters of Mart he shall be punished as a Pirate XVI The Most Christian King's Subjects shall have full Liberty to Fish for Turtles in the Islands of Cayman XVII That in case it should happen any differences or disputes should arise between the Subjects of the said Most Serene Kings in the said Islands Colonies Forts Cities and Governments under the Dominion of either respectively whether at Sea or at Land this Peace and Good Correspondence shall not thereby be interrupted or infringed but the said differences which may happen between the Subjects of both Kings shall be adjudged and determined by the Governors of each Jurisdiction respectively where they shall have arisen or by them whom they shall depute and if the said differences cannot within the space of one Year be determined by the said Governors they shall transmit the same with the first to the Most Serene Kings to determine the same according to Justice in such manner as they shall think fit XVIII It is further concluded and agreed That if any Breach should happen which God forbid between the said Crowns in Europe no Act of Hostility neither at Land nor at Sea shall however be done by any of the most Serene King of Great Britain's Garisons Souldiers or Subjects whomsoever of the Islands Colonies Forts Cities and Governments which now are or hereafter shall be under the English Dominion in America against the most Serene most Christian King's Subjects inhabiting or residing in any of the American Colonies Likewise reciprocally that in the abovesaid case of a Breach in Europe no Act of Hostility neither at Land nor at Sea shall however be done by any of the most Serene most Christian King's Garisons Souldiers or Subjects whomsoever of the Islands Colonies Forts Cities and Governments which now are or hereafter shall be under the French Dominion in America against the most Serene King of Great Britain's Subjects inhabiting in any of the American Colonies or residing there But a true and firm Peace and Neutrality shall continue in America between the said British and French Nations in the same manner as if such Breach in Europe had not happened XIX It is provided and agreed That this present Treaty shall not in any wise derogate from the Treaty concluded between the said most Serene Kings at Breda the 21 31 day of July in the year of our Lord 1667. But that all and singular the Articles and Clauses of that Treaty shall remain in force and be observed XX. That all Treaties or Articles at any time heretofore made and concluded between the said Nations upon the Island of St. Christophers or elsewhere in America shall be in force as formerly and shall be observed on both sides as heretofore unless where they shall be found to be contrary to this present Treaty XXI Lastly It is agreed and concluded That this present Treaty and all and singular the Matters therein contained shall as soon as may be be ratified and confirmed and that the Ratifications thereof shall within the space of two Months from the date of these Presents be reciprocally exchanged between both Parties And within the space of eight Months or sooner if it may be be published in all the Kingdoms Dominions and Colonies as well in America as elsewhere of both the Kings In Witness whereof We the Plenipotentiaries have Signed and Sealed this present Treaty Given in His Majesties Palace of Whitehal the 6 16th day of November 1686. Jeffreys C. L. S. Rochester L. S. Sunderland P. L. S. Middleton L. S. Godolphin L. S. Barillon d'Amoncourt L. S. FINIS An Advertisement THe following Treaties together with this Treaty are all Printed in one Volume and sold by Edw. Poole at the Ship in Cornhil TReaty of Peace and Commerce with Spain 1667. Treaty of Peace with France 1667. Treaty of Peace with Denmark 1667. Treaty of Peace with Holland 1667. Treaty of Navigation and Commerce with Holland 1667. Treaty of Navigation and Commerce with Holland 167● Treaty of Friendship and Commerce with Savoy 1669. Treaty with Spain for settling Differences in America 1670. Treaty of Alliance and Commerce with Denmark 1670. Treaty of Peace with Tunis 1674 5. Treaty of Peace and Commerce with Tripoli 1676. Treaty of Peace with Holland 1673 4. Treaty Marine with Holland 1674. Explanatory Declaration of the Marine Treaties with Holland 1677 8. Capitulations and Articles of Peace with the Ottoman Empire 1675. Treaty Marine with France 1676 7. Treaty of Peace and Commerce with Algiers 1682.