therein contained and concluded shall be Confirmed and Ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged at Breda within the foresaid time and the same shall be Published after the Delivery and Exchange thereof in the usual Form and Place Done at Breda the 21 31 day of July 1667. A Form of the Passports and Certificates that ought to be given in the Admiralty of France to the Ships and Barques that go out thence according to the Article of the present Treaty CAEsar Duke of Vendome Peer and Great Master Chief and Superintendant General of the Navigation and Commerce of France To all who shall see these Presents Greeting We do make known That we have granted leave and permission to _____ Master and Conductor of a Ship called _____ of the City of _____ of the Burthen of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his Departure shall make Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of the Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put into the Registry the Roll Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall make appear to the Officers and Marine Judges concerning the present Licence and shall make them faithful relation of what hath been done and hath passed during his Voyage and shall carry the Flags Arms and Colours both the Kings and Ours throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed Caesar of Vendome And underneath By my Lord Matharel and Sealed with the Seal of the Arms of the said Lord Admiral A Form of the Act containing the Oath WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Made at _____ the day of _____ One thousand six hundred c. Another Form of the Certificates that ought to be given by the Cities and Sea-Ports of the Vnited Provinces to the Ships and Barques that go from thence according to the Article abovesaid TO the Most Serene Most Illustrious Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings commonwealths Princes Dukes Comties Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all good Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomasters and Governors of the City of _____ do make known That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the United Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you all in general and particular that where the abovesaid Master shall arrive with his Ship and Goods it may please them to receive him courteously and use him in due manner suffering him upon the usual Rights of Tolls and other Charges in through and nigh your Ports Rivers and Territories permitting him to Sail Pass Frequent and Trade there where he shall think fit Which we shall willingly acknowledge In witness whereof We have caused the Seal of Our City to be thereunto put Articles touching Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded at the Hague the 7 17 Febr. 1667 8. WHEREAS Preface by the Blessing of Almighty God for the mutual Safety of the two Parties as well as the common Good of Christendom a Perpetual Defensive Treaty was Concluded and Signed on the 23. day of January last past between the Most Serene and Most Potent Prince Charles the Second and the High and Mighty Lords the States General of the United Netherlands with Stipulation of considerable Succours to be mutually given by the Parties as well by Sea as Land And whereas the said King and States did on the same Day and by another Instrument readily Enter into a Solemn Treaty and Agreement for Composing the Affairs of their Neighbours and restoring Peace to Christendom so as nothing seems now remaining that can at any time hereafter interrupt a Friendship and Alliance renewed with so equal Desires unless such Controversies as may otherwise hereafter happen to arise about determining the different sorts and natures of Merchandise which being left dubious and uncertain would give occasion to the further growth of such Differences And therefore that it may appear with what Sincerity and good Faith the said King and the said States desire to Preserve and Entertain not onely for the Present but to all Posterity the Amity they lately Contracted between them they have at last for the taking away all Grounds not onely of Differences and Misunderstandings but even of Questions and Disputes and so utterly to cut off the Hope and Expectation of those whoever they are that may think it their Interest by new Controversies to endeavour the disturbance or interruption of the said Peace mutually Agreed on these following Articles which are to be on both Sides and for ever observed as the Measure and Rule of such Maritime Affairs and mutual Settlement of Trade or at lest so long till by the joynt Consent of both Parties Commissioners be appointed and do meet in order to the framing a more full and ample Treaty concerning this Matter and the Laws and Rules of Commerce and Navigation as by farther Experience shall be found most advantageous to the common Good of both Parties I. ALL the Subjects and Inhabitants of Great Britain may with all safety and freedom English to Trade freely with any Country in Peace or Neutrality with them Sail and Traffick in all the Kingdoms Countries and Estates which are or shall be in Peace Amity or Neutrality with Great Britain without being
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
The Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting Sail from thence TO all unto whom these Presents shall come We the Governours Consuls or chief Magistrate or Commissioners of the Customs of the City Town or Province of N. do testifie and make known That N. N. Master of the Ship N. hath before Us under solemn Oath declared That the Ship N. of _____ Tun more or less of which he is at present Master doth belong to the Inhabitants of N. in the Dominions of the Most Serene King of Great Britain And We desiring that the said Master may be assisted in his Voyage and Business do intreat all Persons in general and particular who shall meet him and those of all Places where the said Master shall come with the said Ship and her Merchandise that they would admit him favourably treat him kindly and receive the said Ship into their Ports Bays Havens Rivers and Dominions permitting her quietly to Sail Pass Frequent and Negotiate there or in any other Places as shall seem good to the said Master paying still the Toll and Customs which of Right shall be due Which we will acknowledge gratefully upon the like Occasions In witness whereof We have Signed these Presents and Sealed them with the Seal of our Town WILL. GODOLPHIN Don PEDRO FERNANDEZ del Campo y Angulo The Copy of a Patent containing several Gracious Priviledges lately Granted by the High and Mighty Philip the Fourth King of Spain c. Which are Confirmed by the foregoing Treaty and whereof mention is made in the ninth Article of the said Treaty DON PHILIP By the Grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugal Navarre Granado Toledo Valencia Galicia Majorca Sivilla Sardinia Cordoua Corsega Murica Jaen the Algarves Algesira Gibraltar the Islands of the Canaries the East and West-Indies Islands and firm Land of the Ocean Sea Arch-Duke of Austria Duke of Burgundy Brabant and Milan Earl of Haspurg Flanders Tiroll and Barcelona Lord of Biscay and Molina c. WHereas on the behalf of you Richard Anthony Consul of the English Nation for your self and in the Name of the Subjects of the King of Great Britain it hath been shewed unto me That by virtue of the Peace which is Concluded in this and that Realm you do Reside and Trade in Andaluzia and specially in the Cities of Sivil St. Lucar Cadiz and Malaga desiring Me to be pleased to Confirm unto you the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmations thereof and other Favours and Graces which My Lord and Father of glorious Memory did Grant unto you and all such others which have been given you by the Crowns of My Realms of Castile and Portugal and to Command that they may be in and for all things observed and accomplished unto you without any Limitation and for further assurance to Grant them anew unto you with the Qualities Amplitudes and Declarations which shall be most convenient for you and to set Penalties upon such as shall contradict and not observe them unto you and to the end it may be known what they are to grant them Copies thereof or of that which My Favour shall be And I taking the Premisses into Consideration and because for the Occassions which I have for My Wars you have offered to Serve me with 2500 Ducats of Silver to be paid 1000 in ready Money and theremaining 1500 in the Month of April of this Year whereof the Licentiate Francis Moreno which in reversion of Don Anthony de Campo Redondo y Rio Knight of the Order of Santiago one of My Council and Chamber and of the Treasury in your Name and by virtue of your Power did acknowledge a Writing of Obligation in form before John Cortez de la Cruz My Notary I do hold it for good And by these Presents of My own motion and certain knowledge and Royal and absolute Power which I in this behalf will make use of and do use as an absolute King and Lord not acknowledging any Superior in matters Temporal do Confirm and Approve the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmation thereof and also the other Favours and Graces which My Lord and Father did Grant unto you and others whatsoever which have been given by My Crowns of Castile and Portugal unto the said Subjects in and for all things as therein and every thing and part thereof is specified contained and declared to the end they may be firm stable and of value and be observed kept and accomplished unto you For my deliberate intent and will is that all those of the said Nation shall enjoy thereof without any limitation in such manner that during the time the said Englishmen shall reside in Andaluzia neither you nor they may be charged with any Office or publick Charge nor Council Tutorship Curatorship Receivers or Treasurers although they be of Customers and Millions or other Services which concern my Royal Treasury and much less they may demand of you any Loans or Donations or take from you any Rights or your Rents Horses or Slaves And to do you the more Favour or Grace according to that which is Agreed by the said Peace I do will and promise that you shall and may Deal and Trade freely and Sell your Merchandise and Fruits and Buy those of my Realms and carry them forth observing that which is Ordained and Commanded by the Laws and Statutes which make mention thereof and paying to my Royal Treasury the Duties or Customs which ought to be paid prohibiting as I do Prohibit and Command not to take from you by force any Merchandises Wheat or Barley although it be for the making ready or furnishing my Armies Fleets or Gallions nor for Purveyors or Stewards and the Priviledges are to be concerning the Wheat and Barley according to the Tun and concerning the other Things and Merchandises as you shall Conclude and Agree but they may not take them out of your possession until they have paid for them unless for the same there be leave given that they do not molest and trouble you And forasmuch as many of you do Treat to bring into the Ports of Andaluzia the City of Sivil and other Places great quantity of New-found-land Fish and other sorts of dry and salted Fish because they are Victuals which are very necessary and that you have been and are put to great Charges and are much troubled I do Will and Command to be kept the Ordinance of the City of Sivil whereby it is Ordained That those which come in with dry or salted Fish there shall not be any Price or Rate set upon them but they shall be permitted to sell at such a Price as they shall think good and it shall not be necessary to manifest
their publick and authentick Letters shall make known and declare unto the other Rebels or Fugitives upon notice to be Banished that any person or persons are or have been a Rebel or Rebels Fugitive or Fugitives and that they or any of them have been received or reside lie hid or seek shelter in their Jurisdictions Lands Countries Sea-Ports or in any of them then that Party who shall have received such Letters or to whom such notice shall be given or declaration made shall within the space of Twenty eight days to be accounted from the day that such notice was given be bound to Charge and Command such Rebel or Rebels Fugitive or Fugitives to withdraw and depart out of their Jurisdictions Lands Dominions Countries and every of them And in case any of the said Rebels or Fugitives do not withdraw and depart within Fifteen days after such Charge or Command so given then that they be punished with Death and loss of Lands and Goods XVII That no Rebel of the said King of Great Britain shall be received into any of the Castles Rebels not to be received or harboured Cities Havens Jurisdictions or other Places Priviledg'd or not Priviledg'd which any person of what Dignity or Degree soever he be or shall be hath within the Dominions or Territories of the United Provinces by what Right or Title soever he doth or shall hold or possess the same nor be permitted to be received into or remain in them by any person of what Quality or Degree soever he be Neither shall the said States General permit or suffer that in any of the aforesaid Places any Assistance Counsel or Favour with Ships Souldiers Money or Provision or in any other manner be given or afforded unto any such Rebel by any person of what Degree or Quality soever he be but shall openly and expresly forbid and effectually hinder the same And if any person or persons of what Degree or Quality soever they be dwelling or remaining within the Dominions of the said United Provinces or under their Command shall Act any thing contrary to this Agreement That then all and singular such persons so doing shall for term of their Lives respectively lose and forfeit all such Castles Towns Villages Lands and other Places which they or any of them at that time have or pretend to have by what Right or Title soever In like manner no Rebel of the said States of the United Provinces shall be received into any Castles Towns Havens or other Places or any of them Priviledg'd or not Priviledg'd which any person or persons of what Degree or Quality soever they be and by what Right or Title soever he or they do or shall hold and possess within the Kingdoms or Dominions of His said Majesty of Great Britain Nor shall such Rebel be suffered to be received by any person or persons whatsoever or there to remain neither shall the King of Great Britain permit or suffer that any Counsel Assistance or Favour in any of the said Places with Ships Men Money Victuals or in any other manner be given or afforded unto any such Rebel by any such person or persons of what Degree or Quality soever they be but shall openly and expresly forbid and effectually hinder the same And in case any of the Subjects of the said King or within his Dominions shall do or attempt any thing against this Agreement That all and every person so offending shall in like manner for their respective Lives lose and forfeit all such Castles Cities Towns Lands and other Places which they or any of them at that time hath or shall pretend to have by any Right or Title whatsoever XVIII That the said King of Great Britain and His Subjects Freedom of Passage and Trade and all the Inhabitants of His Majesties Dominions and also the said United Provinces and their Subjects and Inhabitants of what Rank or Condition soever they be shall be bound to use each other kindly and friendly in every thing so that they may freely and safely pass by Land or by Water into each others Countries Cities Towns Walled or Unwalled Fortified or not Fortified and their Havens and all other their Dominions situate in Europe to continue and abide therein so long as they shall please and may there buy so much Provisions as are necessary for their use without any hindrance and that likewise they may Trade and Traffick in Goods and Commodities of all sorts as to them shall seem fit and them to Export and Import at their pleasure paying the usual Duties saving to each Country their particular Laws and Customs No more Customs to be paid but what other Foreign Nations pay Provided that the Subjects and Inhabitants of either Side exercising their Trade in each others Countries and Dominions shall not be obliged hereafter to pay any more Customs Impost or other Duties then according to that proportion which other Foreign Nations Trading in the said Places do usually pay XIX That the Ships and Vessels of the said United Provinces as well Men of War as others Dutch to Strike meeting any Men of War of the said King of Great Britain's in the British Seas shall Strike the Flag and Lore the Top-Sail in such manner as the same hath been formerly observed in any Times whatsoever XX. And for the greater freedom of Commerce and Navigation No Pirates to be Protected it is Agreed and Concluded That the said King of Great Britain and the said States General shall not receive into their Havens Cities and Towns nor suffer that any of the Subjects of either Party do receive Pirates or Sea-Rovers or afford them any Entertainment Assistance or Provision but shall endeavour that the said Pirates and Sea-Rovers or their Partners Sharers and Abettors be found out Apprehended and suffer condign Punishment for the terrour of others And all the Ships Goods and Commodities Piratically taken by them and brought into the Ports of either Party which can be found nay although they be sold shall be restored to the right Owners or Satisfaction shall be given either to their Owners or to those who by Letters of Attorney shall challenge the same Provided the Right of their Propriety be made to appear in the Court of Admiralty by due Proofs according to Law XXI It shall not be permitted to the Subjects of the said King of Great Britain and the Inhabitants of the Kingdoms and Countries under His Obedience or to the Inhabitants and Subjects of the said United Provinces to do or offer any Hostility or Violence to each other The Subjects of either Party not to take Commissions from any Prince in War with the other Party either by Land or by Sea upon any pretence or colour whatsoever And consequently it shall not be lawful for the said Subjects or Inhabitants to get Commissions or Letters of Reprizal from any Prince or State with whom either of the Confederates are at Difference or in
Form of the Certificate Consuls and Senators of the City of _____ do Attest and Certifie That on the _____ day of _____ in the Year _____ Personally before Us came and appeared _____ Citizen and Inhabitant of the City or Town of _____ and under the Oath wherein he stands bound to our Sovereign Lord the King did declare unto Us That the Ship or Vessel called _____ of the Burthen of _____ Tuns doth belong to the Port City or Town of _____ in the Province of _____ And that the said Ship doth justly belong only to him and others Subjects of Our said Sovereign Lord and now bound directly from the Port of _____ Laden with Goods mentioned in a Schedule received from the Officers of the Customs and that he hath affirmed under the Oath aforesaid that the forementioned Vessel with her Goods and Merchandise doth only belong to Subjects of his Majesty and doth carry no Goods prohibited which belong to either of the Parties now in War In Testimony whereof We have caused this Certificate to be Subscribed by the Syndic of Our City and Sealed with Our Seal Given c. When therefore the Merchandise Goods Ships or Men of either of the Confederates and their Subjects and People shall meet in open Sea Straights Ports Havens Lands and Places whatsoever the Ships of War whether publick or private or the Men Subjects and People of the other Confederate Upon exhibiting only the foresaid Letters of Safe-Conduct and Certificate Ships not to be Searched upon producing their Certificates there shall be nothing more required of them nor shall Search be made after the Goods Ships or Men nor shall they be any other ways whatsoever molested or troubled but suffered with all freedom to pursue their intended Voyage But if this solemn and set Form of Passport and Certificate be not exhibited or that there be any other just and urgent cause of suspicion Then shall the Ship be Searched which is nevertheless in this case only understood to be permitted and not otherwise If by either Party any thing shall be committed contrary to the true meaning of this Article against either of the Confederates each of the said Confederates shall cause his Subjects and People offending to be severely punished and full and entire Satisfaction to be forthwith given and without delay to the Party injured and his Subjects and People for their whole Loss and Expences XXI It is also Concluded and Agreed English Ships passing by Gluckstad and other Places upon the Elbe to be free from all Customs and Search That all Ships of Subjects and People of the King of Great Britain together with their Lading and Merchandise passing by the Port of Gluckstad or other Places and Towns under the Dominion of the King of Denmark situate upon the Elbe Stream both going and returning shall be free and exempt from all Custom Impost Search Seisure and Molestation except only the case of Search in the time of War when the King of Denmark hath War with any other King or State XXII If the Subjects of either Prince be hurt or injured in the Territories of the other Any Injury done to either Parties Subjects in the others Territories to be punished according to the Laws of the Country Then the King of that place where the Injury is done shall take care that speedy Justice be administred according to the Laws and Customs of the Country And that the Persons guilty be duly punished with Satisfaction to be made to the Party wronged XXIII It is also Agreed No Ships or Goods Laden on Ships belonging to either Party to be adjudged Prize but by due form of Law That no Ships whatsoever Vessels or Merchandise Laden on Ships of whatsoever nature kind or quality howsoever taken belonging to any the Subjects of either of the aforesaid Kings under any colour or pretence whatsoever be adjudged Prize unless by a Judicial Examination and Process in form of Law in a Court of Admiralty for Prizes taken at Sea in that behalf lawfully Constituted XXIV Both Parties shall cause Justice and Equity to be Administred to the Subjects and People of each other Justice to be Administred according to the Laws of each Country respectively according to the Laws and Statutes of either Country speedily and without long and unnecessary Formalities of Law and Expences in all Causes and Controversies as well now depending as which may hereafter arise XXV If the Ships of either of the Confederates In case of Shipwrack the Goods to be preserved for the Owners and their Subjects and People whether they be Merchant-Men or Men of War shall happen to run on Ground or fall upon Rocks or be forced to lighten themselves or shall otherwise suffer Shipwrack which God forbid upon the Coasts of either King the foresaid Ships with their Tackle Goods and Merchandise or whatsoever shall be remaining of them shall be restored to their Owners and Proprietors Provided they or their Agents and Proctors do claim the said Ships and Goods within the space of a year and a day after such Shipwrack suffered saving always the Rights and Customs of both Nations The Subjects also and Inhabitants dwelling upon the said Coasts and Shores shall be obliged to come in to their help in case of danger and as much as in them lies to give their assistance And shall do their utmost endeavour either for the freeing of the Ship or saving the Goods Merchandise and Apparel of the said Ship and what else of the same they shall be able and for the conveying the same into some safe place in order to be restored to the Owners they paying Salvage and giving such Recompence to the persons by whose assistance and diligence the said Merchandise and Goods shall have been recovered and preserved as they shall deserve And finally both Parties in case of such misfortune shall see observed on their Side what they would desire to have observed and done on the other Side XXVI The Commanders of Ships or Governors Ships Commanders of Ships Goods c. not to be Arrested but for the defence of the Kingdom and except in cases of Debt Souldiers Mariners and Company belonging to the same As also the Ships themselves and the Goods and Merchandise on Board them shall not be detained by any Arrest or Seisure upon any Warrant either General or Special or for any cause unless for the defence and preservation of the Kingdom Which yet shall not be understood to be meant of Arrests layed by Authority of Law for Debt contracted upon any other lawful occasion whatsoever in which case it shall be lawful to proceed according to the Rules of Justice and Law XXVII It shall be free for the Merchants of both Kingdoms their Factors and Servants and also the Masters and Mariners of Ships upon the Sea Merchants Mariners c. to have the liberty of wearing or carrying Arms. and in other Waters as likewise
shall not compel the Ship to go out of her Course to any Port he thinks fit but shall forthwith dismiss her and upon no account hinder her from freely prosecuting her designed Voyage VIII It is further Agreed Free Ship free Goods e contra That whatsoever shall be found Laden by his Majesties Subjects upon any Ship whatsoever belonging to the Enemies of the Lords the States although the same be not of the quality of Contraband Goods may be Confiscated But on the contrary all that which shall be found in the Ships belonging to the Subjects of his Majesty shall be accounted Clear and Free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of the Lords the States Except always Contraband Goods which being intercepted all things shall be done according to the Meaning and Direction of the precedent Articles And by the same reason whatsoever shall be Laden by the Subjects of the Lords the States in any Ship whatsoever belonging to the Enemies of his Majesty although the same be not of the quality of Contraband Goods may be Confiscated But on the other side all that which shall be found in the Ships belonging to the Subjects of the Lords the States shall be accounted Clear and Free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of his Majesty Except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles Goods Laden before War is Declared by either of the Parties against a third State in whose Ship the said Goods are not to be forfeited And least any Damage should by Surprise be done to the one Party who is in Peace when the other Party shall happen to be Engaged in War It is Provided and Agreed That a Ship belonging to the Enemies of the one Party and Laden with Goods of the Subjects of the other Party shall not infect or render the said Goods liable to Confiscation in case they were Laden before the expiration of the Terms and Times hereafter mentioned after the Declaration or Publication of any such War viz. If the Goods were Laden in any Port or Place between the Places or Limits called the Soundings and the Naz in Norway within the space of Six weeks after such Declaration Of Two months between the said Place the Soundings and the City of Tangier and of Ten weeks in the Mediterranean Sea Or within the space of Eight months in any other Country or Place of the World So that it shall not be lawful to Confiscate the Goods of the Subjects of his Majesty taken or seised in any Ship or Vessel whatsoever of any Enemy of the Lords the States upon that Pretence but the same shall be without delay restored to the Proprietors unless they were Laden after the expiration of the said Terms of Time respectively but so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the reason aforesaid shall not be liable to Confiscation Neither on the other side shall it be lawful to Confiscate the Goods of the Subjects of the Lords the States taken or seised in any Ship or Vessel whatsoever of an Enemy of his Majesty upon that Pretence but the same shall be forthwith restored to the Proprietors thereof unless they were Laden after the expiration of the said Terms of Time respectively But so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the reason aforesaid shall not be liable to Confiscation IX And the more to assure the Subjects of his Majesty and of the said States that no Injury shall be offered to them by the Ships of War or Private Men of War of either side all the Captains of the Ships as well of his Majesty as of the said States Privateers and Companies to make Restitution in case of a Contravention and all their Subjects who shall set out Private Men of War and likewise their Priviledged Companies shall be enjoyned not to do any Injury or Damage whatsoever to the other which if they do they shall be punished and moreover be liable to satisfie all Costs and Damages by Restitution and Reparation upon Pain and Obligation of Person and Goods X. For this cause all the Commanders of Private Men of War Privateers to give Security shall from henceforth be obliged before they receive their Commissions to Enter before a competent Judge good and sufficient Security by able and responsible Men who have no Part or Interest in such Ship in the Sum of Fifteen hundred pounds Sterling or Sixteen thousand five hundred Gilders and when they have above One hundred and fifty Men then in the Sum of Three thousand pounds Sterling or Three and thirty thousand Gilders that they will give full Satisfaction for any Damages or Injuries whatsoever which they or their Officers or others intheir Service shall commit in their Courses at Sea contrary to this present Treaty or any other whatsoever between his Majesty and the said States and upon pain of Revocation and Annulling their said Commissions in which it shall be always inserted that they have given such Security as abovesaid And likewise it is Agreed That the Ship it self shall be also liable to make Satisfaction for Injuries and Damages done by her XI His Majesty and the said States being desirous that the Subjects of each other may be mutually Treated in all Countries under their Obedience respectively Judgments upon Prizes to be given according to Justice with the like kindness as their own Subjects will give all necessary and effectual Orders the Judgments upon Prizes taken be given according to the Rule of Justice and Equity by Judges beyond all suspicion and not any way concerned in the Cause under Debate And his Majesty and the said States will likewise give strict Orders that all Sentences already given and which shall be hereafter given be according to the Tenor thereof duly put in Execution and obtain their Effect XII And whensoever the Ambassadors of the said Lords the States Upon complaint against Sentences the same to be Reviewed within Three months or any other their Publick Ministers Resident at the Court of his Most Serene Majesty of Great Britain shall complain of the unjustness of Sentences which have been given his Majesty will cause the same to be Reviewed and Examined in his Council that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and will also take care that the same be fully provided for and that Right be done to the Party complaining within the space of Three months And likewise when the Ambassadors or other Publick Ministers of his Majesty Resident with the States
HIS Majesty being given to understand that the late King his most Dear Brother of Blessed Memory Deceased had given Order for Reprinting several Treaties of Peace and Commerce Concluded between Him and other Princes and States which were not to be had without great difficulty by reason that few Copies remain of the former Impressions of them His Majesty is pleased to Direct That the said Treaties be forthwith Reprinted Given at the Court at Whitehall the First day of March 1684 5. SUNDERLAND SEVERAL TREATIES OF PEACE and COMMERCE Concluded between the late KING Of Blessed Memory Deceased AND OTHER PRINCES and STATES Reprinted and Published by His Majesties Especial Command LONDON Printed by the Assigns of John Bill deceas'd and by Henry Hills and Thomas Newcomb Printers to the Kings most Excellent Majesty 1685. Table of the TREATIES TReaty of Peace and Commerce with Spain 1667. Pag. 1. Treaty of Peace with France 1667. pag. 39. Treaty of Peace with Denmark 1667. pag. 49. Treaty of Peace with Holland 1667. pag. 55. Treaty of Navigation and Commerce with Holland 1667. pag. 79. Treaty of Navigation and Commerce with Holland 1667 8. pag. 93. Treaty of Friendship and Commerce with Savoy 1669. pag. 107. Treaty with Spain for settling Differences in America 1670. pag. 123. Treaty of Alliance and Commerce with Denmark 1670. pag. 131. Treaty of Peace with Tunis 1674 5. pag. 157. Treaty of Peace and Commerce with Tripoli 1676. pag. 163. Treaty of Peace with Holland 1673 4. pag. 177. Treaty Marine with Holland 1674. pag. 185. Explanatory Declaration of the Marine Treaties with Holland 167â— pag. 201. Capitulations and Articles of Peace with the Ottoman Empire 1675. pag. 203. Treaty Marine with France 1676 7. pag. 243. Treaty of Peace and Commerce with Algiers 1682. pag. 257. Articles of Peace Commerce and Alliance between the Crowns of Great Britain and Spain Concluded in a Treaty at Madrid the 13 23 of May in the Year of our Lord God 1667. I. FIrst It is Agreed and Concluded That from this day forward there shall be between the two Crowns of Great Britain and Spain a General Good Sincere True A perfect Friendship and Peace Firm and Perfect Amity Confederation and Peace which shall endure for ever and be observed inviolably as well by Land as by Sea and Fresh-waters and also between the Lands Countries Kingdoms Dominions and Territories belonging unto or under the Obedience of either of them And that their Subjects People and Inhabitants respectively of what condition degree or quality soever from henceforth reciprocally shall help assist and shew to one another all manner of Love good Offices and Friendship II. That neither of the said Kings nor their respective People Subjects or Inhabitants within their Dominions upon any pretence may in publick or secret do or procure to be done any thing against the other in any Place by Sea or Land nor in the Ports or Rivers of the one or the other but shall treat one another with all Love and Friendship Free Passage and Trade and may by Water and by Land freely and securely pass into the Confines Countries Lands Kingdoms Islands Dominions Cities Towns Villages Wall'd or without Wall Fortified or Unfortified their Havens and Ports where hitherto Trade and Commerce hath been accustomed and there Trade Buy and Sell as well of and to the Inhabitants of the respective Places as those of their own Nation or any other Nation that shall be or come there III. That the said Kings of Great Britain and Spain shall take care that their respective People and Subjects from henceforward do abstain from all Force Violence or Wrong and if any Injury shall be done by either of the said Kings or by the People or Subjects of either of them to the People or Subjects of the other against the Articles of this Alliance or against common Right there shall not therefore be given Letters of Reprisal Marque or Counter-marque by any of the Confederates until such time as Justice is sought and followed in the ordinary course of Law Letters of Marque when to be granted But if Justice be denied or delayed then the King whose People or Inhabitants have received harm shall ask it of the other by whom as is said the Justice shall have been denied or delayed or of the Commissioners that shall be by the one King or the other appointed to receive and hear such Demands to the end that all such Differences may be compounded in Friendship or according to Law But if there should be yet a delay or Justice should not be done nor Satisfaction given within six Months after having the same so demanded then may be given Letters of Reprisal Marque or Counter-marque IV. That between the King of Great Britain Free Trade and Commerce and the King of Spain and their respective People Subjects and Inhabitants as well upon Sea as upon Land and Fresh-water in all and every their Kingdoms Lands Countries Dominions Confines Territories Provinces Islands Plantations Cities Villages Towns Ports Rivers Creeks Bays Straights and Currents where hitherto Trade and Commerce hath been accustomed there shall be free Trade and Commerce in such way and manner that without safe Conduct and without general or particular Licence the People and Subjects of each other may freely as well by Land as by Sea and Fresh-water Navigate and go into their said Countries Kingdoms Dominions and all the Cities Ports Currents Bays Districts and other Places thereof and may enter into any Port with their Ships laden or empty Carriage or Carriages wherein to bring their Merchandise and there buy and sell what and how much they please and also at just and reasonable Rates provide themselves with Provisions and other necessary things for their subsistence and Voyage and also may repair their Ships and Carriages and from thence again freely depart with their Ships Carriages Goods Merchandise and Estate and return to their own Countries or to such other Place as they shall think fit without any Molestation or Impediment so that they pay the Duties and Customs which shall be due and saving to either side the Laws and Ordinances of their Country V. Item No Customs to be paid but what the Natives pay It is likewise Agreed That for the Merchandises which the Subjects of the King of Great Britain shall buy in Spain or other the Kingdoms or Dominions of the King of Spain and shall carry in their own Ships or in Ships hired or lent unto them no new Customs Toll Tenths Subsidies or other Rights or Duties whatsoever shall be taken or increased other then those which in the like case the Natives themselves and all other Strangers are obliged to pay and the Subjects aforesaid buying selling and contracting for their Merchandises as well in respect of the Prices as of all Duties to be paid shall enjoy the same Priviledges which are allowed to the natural Subjects of Spain and may buy and lade
them any more then unto my Officers which receive my Royal Rents and if the Ships wherein the said Fish is brought be great Ships that they cannot go up the River and that the same be put into Barques or Lighters the Judge of the Admiralty nor any other person may not put any Waiters or Keepers into the Barques or Lighters at the Charge of the Owners of them And I do also Command That if the said Fish shall appear to be rotten and that it cannot be spent that it be burnt or thrown into the Sea and that for this cause there shall not be any Cause or Action commenced against the Owners thereof or persons which shall sell it nor they shall not be Imprisoned nor Informed against And forasmuch as the Administers of the Customs and others of divers Duties which are received for the Fruits and Merchandises do use when any body doth Inform to have the person Imprisoned which sheweth himself to be party whereby happeneth to Men of Trade great Discredit Charges and Vexations My Will is and I do Command That in the said Information there shall be onely proceeded against the Merchandises and not against the Persons but they shall be permitted as I do permit them to make and they shall make their Defences in the said Vexation And forasmuch also as according to an Article of the said Peace which maketh mention of Matters in Religion notwithstanding that in some Suits they should declare whether they be Roman-Catholicks or not excusing themselves to give Faith to others which they take as Parties or as Witnesses I do also Command That concerning this Matter there be not done nor there shall not be done any thing with those which are born in the said Realm but onely that the said Condition be kept and accomplished and that no such Questions be put unto them giving unto the Oaths which they shall take in Judgment Court and without the same Faith and Credit which should be given in case they were Spaniards and herein you shall not receive any trouble or molestation nor there shall not be any grievance done unto you And whereas for the justification of some Causes the Judges and Justices do pretend that the Merchants of the said Nation should exhibit Books of their Contractions or Dealings I do Will and Command That the Books of the Merchants of the said Nation shall not be taken out of their hands for any cause whatsoever but they shall keep and shew them in their Houses to take out the Parcel which shall be appointed and others shall not be demanded of them nor there shall not be any other Papers taken from them upon Penalty that he which shall do here against shall be punished according to Law And forasmuch as the Merchants do dispatch the Merchandise from the Custom-house of the said City of Sivil of all Duties and because there are many which do make up a Sheet which is Subscribed and Signed by all the Officers and remaineth in the hand of the Alcayde of the Custom-house for that by virtue thereof the Merchandises are permitted to go forth which are in Fardels Packs Trunks and Cases and afterwards when they have taken them forth and put them into their Houses and Warehouses the chief Keeper of the Custom-house and the Officers of the half per Cent. do visit the House and Goods troubling and molesting them demanding of them the Dispatches it seeming unto them that they may detain them because they left the Dispatch in the hands of the said Alcayde of the Custom-house I do Prohibit and Command That the Houses of the said Merchants shall not be visited nor the Dispatches shall not nor may not be demanded of them in regard they have them not in their hands and this is to be understood and is understood of Houses which are within the Walls of the said City And to the end it may be known to you which are of the English Nation there is to be delivered unto you Copies of the said Priviledges and Exemptions which do concern you and which were Granted unto you as well by the Articles of Peace as by any other manner And for execution and accomplishment of all the Premisses I do Command those of my Council and those of my Councils Assemblies and Tribunals of my Court and the Presidents and Judges of my Audiences Alcaydes and Officers of my House and Court and Chanceries and the Regent and Judge of the Court of Degrees of the City of Sivil and chief Alcaldes of the Precincts thereof and all the Corrigidors Assistants and Governours chief Justices and Ordinaries as well in the said Cities of Sivil Cadiz Malaga and St. Lucar de Barameda as of all other Cities Towns and Places of these my Realms and Dominions and all other Judges and Justices whatsoever of what Quality or Condition soever they may be whom principally or incidentally may concern in any manner the accomplishment or performance of that which is contained in this Patent that presently so soon as they shall be by virtue thereof required or the Copy thereof Signed by a Notary publick that there be thereunto given as much faith as unto the Original and that every one in the Place where it shall concern him do observe and accomplish and cause the same to be observed accomplished and executed in and for all things as therein is contained and they shall not in all nor in part put upon you any Impediments nor any other Difficulties or Doubts nor do any thing against the tenor and form thereof nor consent or give way that it be interpreted limited or suspended in all or in part or that to the contrary be given any Sedidas Provisions or other Dispatches but for observation thereof in the Place which shall concern every one they shall give order and ordain to deliver unto you those which shall be necessary And for more firmness and validity of the Favour and Grace which by this my Patent I do Grant you and that at all times this Favour may be certain and sure unto you you are to keep or have a Judge Conservator in Andaluzia especially in the said Cities of Sivil Malaga Cadiz and St. Lucar de Barameda unto whom I am to give sufficient Commission for keeping and accomplishing the said Priviledges Liberties and Exemptions who shall constrain and compel all and whatsoever persons of what sort or quality they may be that shall concern the said Nation as well those which shall be Defendants accused as those which shall be Plaintiffs although the persons which shall accuse them and which shall be accused by them have private Judges as well by Consent as Agreement which they may have made by Preeminence or Priviledge which they hold to the end the said Judge Conservator may onely take knowledge privately of the said Courts and not any other Judge or Tribunal although it be by way of excess or notorious Justice or in any other matter or form
Mighty Prince Frederick III. King of Denmark and Norway Concluded 21 31 day of July 1667. I. FIrst It is Covenanted Perpetual Peace Concluded and Agreed That there be from this Day a perpetual firm and inviolable Peace between the Most Serene and Most Mighty Prince Charles the Second King of Great Britain and the Most Serene and Most Mighty Prince Frederick the Third King of Denmark and Norway between their Heirs and Successors and their Kingdoms Principalities Earldoms Islands Cities Forts Lands Subjects and Inhabitants of what State and Quality soever And so as to maintain and promote each others good no less then their own and to avert and hinder with all possible study the damage and destruction of one another And in this respect it shall be free for the Subjects of either King to exercise a mutual Navigation and Commerce without molestation and with their Merchandises to come to each others Kingdoms Provinces Marts Ports and Rivers and there to abide and Traffick II. At this present shall cease between the aforesaid Kings Hostilities to cease when and where and their Kingdoms Principalities Earldoms People and Subjects both by Land and Sea all Enmity War and Hostility that is to say in the Northern Ocean and in the Baltick Sea and the Channel within Twenty one Days from the Mouth of the said Straight or Channel to the Cape of St. Vincent within Six Weeks and then within the space of Ten Weeks beyond the said Cape on this side the Aequinoctial Line or Aequator as well in the Ocean as the Mediterranean Sea Finally within the space of Eight Months beyond the Bounds of the aforesaid Line all over the World without any exception or further distinction of Time or Place all Days Weeks and Months to be computed from the Subscription of the present Agreement Restitution of what shall be taken after these Terms respectively and the Publication of the fame here made at Breda And whatsoever shall be taken and seized after the aforesaid Days by either King or their Subjects to whom Commissions have been granted it shall be wholly restored back again to him or them from whom the same was taken and furthermore full Satisfaction shall be made for the Damages to him or them thereby arising or the Charges they have been at and every person herein offending shall be punished as his Offence deserves III. It is also Agreed and Concluded Injuries to be forgotten That all Differences on both Sides Suspitions and Ill-will both on the part of the Most Serene King of Great Britain and on the part of the Most Serene King of Denmark c. and likewise for singular the Ministers Officers and Subjects of them be buried and abolished by a perpetual Oblivion And further from this present shall expire be annulled and for ever cancelled all Damages Offences Injuries by Word or Writing that either the one has done the other or has been suffered by the one from the other from the very first beginning of the now ceasing War to this Day and the determined point of Time wherein all Dissentions Discords Differences and Enmities shall cease and be laid aside By name the Assault and Defence made at Bergen in Norway and in whole whatsoever either followed from thence or does thereon depend in such manner as that neither of the said Parties by reason of any Damage of this kind Offence or Charges do under any pretence whatsoever cause the other any trouble much less for this cause endeavour or attempt any kind of Hostility IV. All Prisoners on both Sides of whatsoever Fortune or Rank Prisoners to be released shall be forthwith set at liberty without any Ransom V. All Ships Goods or the like Concerning the Goods and Debts that have been Confiscated that in this turbulent Season in the heat of this very War between both the above-mentioned Kings and their Subjects have been taken by the one from the other or that either Party has Confiscated and Seized of the Goods and Pretensions of Persons or Subjects of the other Nation as also all the Expences of War on both Sides shall be compensated by a like mutual Abolition In such manner as are together comprehended in this Compensation those Debts of the Subjects of the King of Great Britain which have been on the part of Denmark Confiscated but in this sence That whatever Debts of this kind unto the Tenth Day of May Old Stile and Twentieth New Stile by virtue of Confiscation or Reprisals have been by Subjects paid and Received do remain utterly abolished and satisfied and that it be not lawful for the Creditors of such Debts for the future to pretend any thing upon this account much less to urge payment of such for any reason or under any pretence whatsoever But of such Debts as on the said Day have not been paid and received it shall be lawful for the Creditors Subjects of the King of Great Britain to demand and prosecute the Payment Abolition of a Debt due from Denmark to the Parliament of England by the ordinary way of Justice Excepting nevertheless 120000 Rixdollars more or less namely accruing from a certain Controversie which arose between Christian the Fourth of most glorious Memory King of Denmark and Norway and the Parliament of England by reason of sending Aid to Charles the First of most glorious Memory King of Great Britain for which the King of Denmark and Norway bound himself and gave his Bond to a Company of certain English Merchants Trading at Hamburgh and there either now living or that have heretofore lived which Claim of 120000 Rixdollars or thereabouts being Confiscate shall be now by virtue of the present Treaty accounted as null dead and utterly abolished in such manner that the Creditors of that Debt are not either now or at any time hereafter therefore to demand or pretend any thing In like manner as is also Covenanted and Agreed in most significant Words That no Pretension shall be at any time made by reason of such Ships and Goods so Seized and Debt or Money Lent in such manner as aforesaid Abolished and Confiscated but that all shall on both Sides by a Solemn Compensation be for ever accounted as null and void Yet so that Lands and immoveable Goods be not comprehended in the aforesaid Voidance and Annullation but that they be without any difficulty or impediment restored back to those who before the Denouncing of the present War were the Possessors and Proprietors of them VI. It is Covenanted and Agreed on both Sides That under the last mentioned Compensation neither Countries nor Islands nor Cities nor Forts nor Ports nor other like Places are to be understood But if it shall be found Restitution of Places That either Party during this War hath either taken any such in or out of Europe or may yet take within the time limited in the second Article whatsoever it be it shall be without any Compensation and
Loss together with all even the smallest things thereto appertaining forthwith restored to him whose it was before and in the same Condition wherein it was then when it was taken without tergiversation delay or any kind of pretence VII Under this present Treaty of Peace shall be comprehended those Who shall be comprehended in this Treaty who before the Exchange of Ratifications or afterwards within Six Months shall be by common Consent nominated by both Parties And as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be VIII Lastly These Articles to be observed by both Kings It is Concluded Covenanted and Agreed That the foresaid Most Serene and Most Potent Kings shall sincerely and bona fide observe all and singular the Articles contained and established in this present Treaty and shall cause the same to be observed by their Subjects and Inhabitants neither shall they directly or indirectly transgress them or suffer them to be transgressed by their Subjects or Inhabitants directly or indirectly And they shall Ratifie and Confirm all and every thing as they are above Covenanted Ratifications to be Exchanged by Letters Patents Subscribed with their Hands and Corroborated with their Great Seals conceived and written in sufficient valid and effectual Form and shall reciprocally deliver or cause the same to be delivered here at Breda bona fide really and effectually within the space of Four Weeks next ensuing the Date of these Presents or sooner if it may be done 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 High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. I. FIrst A firm Peace concluded That from this Day there be a true firm and inviolable Peace sincere Friendship a nearer and straiter Alliance and Union between the Most Serene King of Great Britain and the High and Mighty States General of the United Provinces of the Netherlands and the Lands Countries and Cities under the Obedience of both Parties wheresoever situate and their Subjects and Inhabitants of what Degree soever they be II. Also That for the time to come all Enmities Enmities to cease Hostilities Discords and Wars between the said Lord the King and the foresaid Lords the States General and their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain 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 Places and Governments of what Condition soever they be within the Jurisdiction of either Party III. Also Injuries to be forgiven That all Offences Injuries Damages Losses which His said Majesty and His Subjects or the foresaid States General and their Subjects have on either Side sustained during this War or at any time whatsoever heretofore upon what Cause or Pretence soever be buried in Oblivion and totally expunged out of Remembrance as if no such things had ever past Furthermore that the foresaid Peace Both Parties to keep what they have Friendship and Alliance may stand upon firm and unshaken Foundations and that from this very Day all Occasions of new Dissention and Difference may be cut off It is further Agreed That both thē Parties and either of them shall keep and possess hereafter with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies how many soever as during this War or in any former Times before this War they have by Force of Arms or any other way whatsoever gotten and detained from the other Party and that altogether after the same manner as they had gotten and did possess them the 10 20 day of May last past none of the same Places being Excepted IV. Moreover Ships Goods c. to remain to the Possessors That all Ships with their Furniture and Merchandise and all Moveables which during this War or at any time heretofore have come into the Power of either of the forementioned Parties or their Subjects be and remain to the present Possessors without any Compensation or Restitution so as each one become and remain Proprietor and Possessor for ever of that which was so gotten without any Controversie or Exception of Place Time or Things V. Moreover That all Actions Suits and Pretensions whatsoever they be or in what manner soever they have been restrained circumscribed defined or reserved in any Articles of Peace or Alliance already made and especially in the fifteenth Article of that Treaty which was Signed in the Year 1662. which His said Majesty and the said States General or their Subjects may or would prosecute or move against one another about such matters or things as have happened during this War or in any former Times as well before as after the foresaid Treaty of 1662. until the Day of this present Alliance be and remain void obliterated and disannulled All Actions Suits and Pretensions renounced As His said Majesty and the said States General shall declare and they do hereby declare That by vertue of these Presents they will for ever totally renounce even as hereby they do renounce all such Actions Suits and Pretensions for themselves and their Successors so as in regard of them nothing more may or ought ever to be urged on either Side and nothing to be moved thereupon hereafter VI. But if after the 10 20 day of May Places taken since the 10 20 of May to be restored expressed in the precedent third Article or after the Peace is made or this Treaty Signed either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies or other Places whatsoever all and every of them without any distinction of Place or Time shall be restored bona fide in the same state and condition wherein they shall be found to be at the Time whensoever it shall be known in those Places that the Peace is made VII But to avoid all matter of Strife or Contention hereafter that useth sometimes to arise concerning the Restitution or Liquidation of such Ships Merchandise and other Moveables as both Parties or either of them may pretend to have been taken or gotten in Places and Coasts
open War and much less by virtue of those Letters to molest or damnifie the Subjects of either Party Neither shall it be lawful for any Foreign Private Men of War who are not Subjects to one nor the other Party having Commissions from any other Prince or State to Equip their Ships in the Harbours of either of the aforesaid Parties or to sell or ransom their Prizes or any other way to Truck as well the Ships and Goods as any other Lading whatsoever And it shall not be lawful for them to buy any Victual but what shall be necessary to bring them to the next Port of that Prince from whom they obtained their said Commissions Concerning other Privateers and their Prizes And if perchance any of the Subjects of the said King of Great Britain or of the said States General shall buy or get to themselves by Truck or any other way such Ship or Goods which have been taken by the Subjects of one or the other Party in such case the said Subject shall be bound to restore the said Ship or Goods to the Proprietors without any delay and without any Compensation or Reimbursement of Money paid or promised for the same Provided that they make it appear before the Council of the said King of Great Britain or before the said States General that they are the right Owners or Proprietors of them XXII That in case the said King of Great Britain Notice to be given of any Treaty with any other Prince or the said States General do make any Treaty of Amity or Alliance with any other Kings Republicks Princes or States they shall therein comprehend each other and their Dominions if they desire to be therein comprehended and shall give to the other notice of all such Treaties or Friendship and Alliance XXIII That in case it happen during this Friendship If any thing be done in Contravention to this Treaty by any of the Subjects of either Party he or they shall be punished Confederacy and Alliance any thing shall be done or attempted by any of the Subjects or Inhabitants of either Party against this Treaty or any part thereof by Land Sea or Fresh-waters That nevertheless this Amity and Alliance between the said Nations shall not thereby be broken or interrupted but shall remain and continue in its full force and that onely those particular persons shall be punished who have committed any thing against this Treaty and none else and that Justice shall be rendred and Satisfaction given to all persons concerned by all such who have committed any thing contrary to this Treaty by Land or Sea or other Waters in any part of Europe or any Places within the Straits or in America or upon the Coasts of Africa or in any Lands Islands Seas Creeks Bays Rivers or in any Places on this side the Cape of Good Hope within Twelve Months space after Justice shall be demanded And in all Places whatsoever on the other side the Cape as hath been abovesaid within Eighteen Months next ensuing after demand of Justice shall be made in manner aforesaid But in case the Offenders against this Treaty do not appear and submit themselves to Judgment and give Satisfaction within the respective Times above expressed proportionable to the distance of the Places they shall be declared Enemies of both Parties and their Estates Goods and Revenues whatsoever shall be Confiscated for due and full Satisfaction of the Injuries and Wrongs by them offered and their Persons also when they come within the Dominions of either Party shall be liable unto such Punishments as every one shall deserve for his respective Offences XXIV That the Subjects of the said King of Great Britain and those which are under His Jurisdiction The Subjects of either Party to Travel freely in each others Territories in Europe may freely and securely Travel in all the Provinces of the Low-Countries and all their Dominions in Europe and through them by Sea or Land pass to other Places there or beyond them and through all Quarters of the United Provinces Cities Forts or Garrisons whatsoever which are in any Parts of the United Provinces or elsewhere in their Dominions in Europe as well they themselves exercising Trade in all those Places as their Agents Factors and Servants may go Armed or Unarmed but if Armed not above Fourty in a Company as well without their Goods and Merchandises as with them wheresoever they please The People also and Inhabitants of the United Provinces shall enjoy the same liberty and freedom in all the Dominions of the said King in Europe Provided that they and every of them do in their Trade and Merchandising yield Obedience to the Laws and Statutes of either Nation respectively XXV That in case the Merchant-Ships of the Subjects of either Nation shall by Storm Pirates Freedom of Ports or any other Necessity whatsoever be driven into any Haven of either Dominion they may depart securely and at their pleasure with their Ships and Goods without paying any Customs or other Duties Provided they break no Bulk nor sell any thing nor shall they be subject to any Molestation or Search provided they do not receive on Board any Persons or Goods nor do any thing else contrary to the Laws Ordinances or Customs of the Places where they as aforesaid shall happen to arrive XXVI That the Merchants Seamen c. nor to be Pressed Masters and Seamen of either Party their Ships Goods Wares or Merchandises shall not be Arrested or Seised in the Lands Havens Roads or Rivers of the other to Serve at War or any other use by virtue of any general or special Command unless upon an extraordinary Necessity and that just Satisfaction be given for the same but so as the same shall not derogate from the Seisures and Arrests duely made in the ordinary Courts of Justice of either Nation XXVII That the Merchants on both Sides Seamen c. to carry Arms. their Factors and Servants and also the Masters and other Seamen as well going as returning by Sea and other Waters as also in the Havens of either Party or going on Shore may carry and use for the defence of themselves and Goods all sorts of Weapons as well Offensive as Defensive but being come into their Lodgings or Inns they shall there lay by and leave their Arms until they be going on Board again XXVIII That the Men of War To Convoy each other or Convoys of either Nation meeting or overtaking at Sea any Merchants Ship or Ships belonging to the Subjects or Inhabitants of the other holding the same Course or going the same Way shall be bound as long as they keep one Course together to protect and defend them against all and every one who would set upon them XXIX That if any Ship or Ships of the Subjects or Inhabitants of either Nation or of a Neuter About Ships taken in either Parties Harbours be taken by a third Party in
Great Britain and the said States General of the United Provinces by Letters Patents on both Sides Sealed with the Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it can be done and that within the said time the Ratifications on both Sides shall be Exchanged at Breda and that presently after the Delivery and Exchange of the same this Treaty and Alliance shall be published in such Form and Place as is usual Done at Breda the 21 31 day of July 1667. THE SEPARATE ARTICLE IF it happen that any Tapistry Hangings Carpets Pictures or Houshold-Furniture of what kind soever or Precious Stones Jewels Rich Curiosities or other Moveable Goods whatsoever belonging to the King of Great Britain either now are or hereafter shall be found to be in the hands or power of the said States General or of any of their Subjects the said States General do promise that they will in no wise protect the Possessors of any Moveables appertaining unto the said King which Goods may be taken from them in such manner that they who shall make difficulty to restore them freely may not be dealt withall by any means contrary to Equity and Justice And the said States do promise to use their most effectual Endeavours that a plain and summary way of Proceeding may be taken in this Affair without the ordinary Form and Method of Process usually observed in Courts and that Justice be administred whereby His said Majesty may be satisfied as far as possibly may be without the wrong of any one Also That if any of those who are guilty of that horrible Treason and Parricide committed upon King CHARLES the First of most blessed Memory and lawfully Attainted Condemned or Convicted of the same either now are in the Dominions of the said States General or shall hereafter come thither as soon as ever it shall be known or signified to the said States General or any of their Officers they shall be apprehended put into Custody and sent Prisoners into England or delivered into the hands of those whom the said King of Great Britain shall appoint to take charge of them and bring them home Done at Breda the 21 31 day of July 1667. His Majesties Declaration concerning the Restoring of all Places Forts c. which his Subjects shall have taken or recovered from the Dutch after the 10 20 day of May last past CHARLES the II. by the Grace of God King of Great Britain France and Ireland Defender of the Faith c. We do hereby make known and testifie unto all and every person and persons whom it doth or may any way concern That whereas in the Treaty of Peace Concluded at Breda the 21 31 day of July 1667. between Us and the High and Mighty Lords States General of the United Netherlands it is Agreed in the third Article That each Party is to hold and possess for the time to come with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies as during this War or in any former Times before this War they have by force of Arms or any way whatsoever gotten or detained from the other Party after the very same manner as they had seized and did possess them on the 10 20 day of May last past not excepting any of the said Places And whereas furthermore for the avoiding of all matter of Strife and Contention which useth sometimes to arise by reason of Restitutions it is also Agreed in the sixth Article That if either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies and other Places after the said 10 20 day of May last past all and every of the Premisses without any distinction of Time and Place are forthwith to be restored in the very same Condition wherein they shall be found to be at the time whensoever certain notice shall come to those Places that the Peace is renewed We do hereby Require and Command all Our Governors Officers Commanders and Souldiers both by Sea and Land of what Quality and Condition soever they be as well within Europe as without that they do not onely forbear and totally abstain from all Hostility according to the Tenor of the foresaid Treaty but also if at any time it shall happen or come to pass that any Lands Islands Cities Forts Colonies and other Places wheresoever situated shall be taken from the United Netherlanders or recovered from them and brought under Our Power after the expiration of the said 10 20 day of May That they restore them all without any delay or excuse unto those Persons who shall exhibit these Letters Patents in such Condition as they shall be found in at the Time when the renewing of the Peace shall be notified there without any Diminution Detraction Waste or Embezilment whatsoever upon pain of Our highest Displeasure Given at Westminster the Nine and twentieth day of July Old stile and Eighth day of August New stile in the Year of our Lord 1667. and of Our Reign the Nineteenth Articles of Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. WHereas by those Articles of Peace Preface Vnion and Alliance which are this Day Concluded between His Majesty the King of Great Britain and the States General of the United Provinces it is specially and carefully provided That all the dismal and calamitous effects of War may forthwith cease and that the Peace so much desired by all may be restored in all Kingdoms and Dominions of both Parties and unto all their Subjects and Inhabitants And the measure of Time and Affairs hath not permitted them to weigh in an equal Balance and thereby exactly to Adjust all and every thing and things which were to be observed and considered about the foresaid Articles especially about those which belong to the Rules of free Navigation and Trade and that it may be feared the Inhabitants and Subjects of both Parties may fall back again into new Quarrels and Dissentions and the Differences now Composed may bleed afresh if they be not bound up by some certain Laws about those things which concern Navigation and the 〈◊〉 Trade Therefore by the Mediation and Endeavâ—◠〈◊〉 the Swedish Ambassadors the forementioned 〈…〉 have further Agreed unto these Separate Art 〈…〉 I. THat all such Proclamations and Acts of State which either Party hath published All Acts c. contrary to the liberty of Trade abrogated by reason of this War to the prejudice of the other Party against the liberty of Navigation and Trade be abrogated on both Sides II. That for the Elucidation of that Act which the King of Great Britain caused to be published in the Year 1660. What Goods
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
troubled or disquieted in that Liberty by the Ships of War Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with Great Britain II. This freedom of Navigation and Traffick shall extend to all sorts of Merchandise To extend to all Goods but Contraband except those of Contraband III. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances as Cannon Musquets What Goods are Contraband Mortar-Pieces Petards Bombs Granadoes Fire-crancels Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-Pieces Coats of Mayl Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War called in French Assortissemens servans al usage de la Guerre IV. In this quality of Contraband Goods Corn Wheat c. not Contraband these following shall not be comprehended Corn Wheat or other Grain and Pulse Oyls Wines Salt or generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested V. It hath been Agreed English Ships going to an Enemies Port not to be molested upon shewing their Passports for the due Execution of what is abovesaid That the Ships and Barques of the English Laden with Merchandise being entred into any Port of the said States General and purposing to pass from thence unto the Ports of their Enemies shall be only obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal of the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever VI. The same course shall be used in regard of the English Ships and Vessels which shall come into any Roads of the Countries under the Obedience of the said States Ships coming into Roads not obliged to give an account of their Lading but upon suspicion of carrying Contraband Goods not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid VII And in case of such apparent suspicion In which case to shew their Passports the said Subjects of his Majesty shall be obliged to shew in the Ports their Passports in the Form above specified VIII But if they were come within the Roads Concerning Searching Ships at Sea or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces or of their Subjects shall not come near within Cannon-shot of the English but shall send out their Long-Boat and cause onely two or three Men to go on Board the English Ships or Vessels unto whom the Passports and Certificates of the Propriety of the Ships shall be shewn by the Master or Captain of the English Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty Upon producing their Passports not to be moleâ—â—ed by which Passports and Certificates proof may be made not onely of the Lading but also of the Place of the Abode and Residence of the Master or Captain and Name of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master or Captain may sufficiently appear Unto which Passports and Certificates entire faith and credit shall be given And to the end that their validity may be the better known and that they may not be in any wise falsified and counterfeit certain Marks and Countersigns of his Majesty and the said States General shall be given unto them IX And in case any Merchandise and Commodities of those kinds which are before declared to be Contraband and forbidden Contraband Goods found on Board to be Confiscated onely and no other nor the Ship shall by the means aforesaid be found in the English Ships and Vessels bound for the Ports of the said States Enemies they shall be unladen Judicially proceeded against and declared Confiscate before the Judges of the Admiralty of the United Provinces or other competent Officers But so that the Ship and Vessel or other free and allowed Goods Merchandise and Commodities found in the same Ship may not for that cause be in any manner Seised or Confiscate X. It is furthermore Agreed and Covenanted Free Ship free Goods per contra That whatsoever shall be found Laden by his Majesties Subjects upon a Ship of the Enemies of the said States although the same were not Contraband Goods shall yet be Confiscate with all that shall be found in the said Ship without exception or reservation But on the other side also all that shall be found in the Ships belonging to the King of Great Britain's Subjects shall be free and discharged although the Lading or part thereof belong to the said States Enemies except Contraband Goods in regard whereof such Rule shall be observed as hath been ordered in the precedent Articles XI All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights All Priviledges to be enjoyed reciprocally Liberties and Exemptions in their Trade and Commerce upon the Coasts and in the Ports Roads Seas and Estates of his said Majesty as was now said which his said Majesties Subjects shall enjoy in those of the said States and in open Sea It being to be understood that the equality shall be mutual every way on both Sides even in case the said States should hereafter be in Peace Amity and Neutrality with any Kings Princes and States who should become Enemies to his said Majesty so that either of the Parties are murually to use the same Conditions and Restrictions expressed in the Articles of this present Treaty which regard Trade and Commerce XII And the more to assure the Subjects of the said States Captains and Privateers liable to make good any Damage they
shall do that no violence shall be offered them by the Ships of War belonging to his Majesty of Great Britain or his Subjects all the Captains of the Kings Ships and all his Majesties Subjects that set out private Men of War shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for all Costs and Damages until due Restitution and Reparation be made XIII And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out To give Security to that end to give good and sufficient Security before competent Judges in the Sum of Fifteen hundred pounds Sterling or Fifteen thousand Livres Tournois that they will give full satisfaction for any Injuries or Wrongs they may commit in their Courses at Sea and for their Captains and Officers that shall violate this present Treaty and the Orders and Proclamations of His Majesty which shall be published by virtue and in conformity to the Regulation therein made upon pain of forfeiting their said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General XIV If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods Contraband Goods taken not to be opened but in presence of the Officers of the Admiralty as hath been said the said Captains may not open nor break up the Chests Mayls Packs Bags Cask or Sell or Exchange or otherwise alienate them until they have Landed them in the presence of the Judges or Officers of the Admiralty and after an Inventory by them made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master shall by no means be hindred from continuing his course and the design of his Voyage XV. His Majesty being desirous that the Subjects of the said States may be used in all Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given equitably will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Judges not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to the tenor of them XVI And when the Ambassadors of the said States General Upon complaint of Judgment a Review to be granted within Three Months or any other of their Publick Ministers Residing in his Majesties Court shall make Complaint of the Judgments which shall be given his Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to Right and Equity which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be sold or unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are reclaimed may not be sold or unladen unless it be with the consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable XVII When Process shall be moved in the first or second Instance between those that have taken the Prizes at Sea and the persons interessed therein The interessed in a Ship taken obtaining a favourable Judgment the same to have its Execution upon Security and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary where the Sentence goes against the Claimers And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty XVIII But since the Conveniences and Inconveniences of Things and Agreements cannot be discovered but in procedure of Time and by Observations drawn from mutual Experience Commissioners to be appointed for the supplying of what shall be found wanting in this Treaty It is therefore Agreed between the said King of Great Britain and the said Lords the States of the Vnited Netherlands That at any time hereafter when both Parties shall so think it fitting certain Commissioners by each Party respectively chosen shall meet by the common Consent of both who shall make it their Care and Business to supply what ever shall be found wanting in the aforementioned Articles to change or limit what ever shall not be convenient and commodious for both and fully compleat a further Treaty both concerning these things and all other the Laws of Navigation XIX All these Agreements Ratification within Four Weeks and all and every thing therein contained shall be Confirmed and Ratified by the said King of Great Britain and the States General of the Vnited Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged by each Party within the time aforesaid Here follow certain Forms whereof mention is made in the Eighth Article A Form of the Certificates that ought to be given by those that have the ordinary Power of the Admiralty of England to the Ships and Vessels that go out thence according to the Eighth Article of the present Treaty High Admiral of England To all who shall see these Presents Greeting These are to certifie That we have granted leave and permission to _____ Master and Captain of the Ship called _____ of the City of _____ of the Burden of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his departure shall have made Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of these Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put
into the Registry a List Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall shew the Officers and Marine Judges this his present Licence and having finished his Voyage shall make faithful relation of what hath been done and hath passed during all the time of his said Voyage and shall carry the Flags Arms and Colours of his Majesty throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed And underneath By _____ and Sealed with the Seal of the Arms of the said High Admiral A Form of the Act containing the Oath to be taken by the Master or Captain of the Ship WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Given at _____ the day of _____ One thousand six hundred c. In testimony whereof we have hereunto set our Hands The Form of the Certificates that ought to be given by the Burgomasters of the Cities and Sea-Ports of the United Provinces to the Ships and Vessels that go from thence according to the Eighth Article abovesaid TO the Most Serene Most Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Commonwealths Princes Dukes Comtes Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomastersand Governors of the City of _____ do certifie That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the Vnited Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you and every of you where the abovesaid Master shall arrive with his Ship and Goods that you will please to receive him courteously and use him kindly admitting him upon paying the usual Dues Tolls and other Customs to enter into remain in and pass from your Ports Rivers and Territories and there to Trade Deal and Negotiate in any Part or Place in such sort and manner as he shall desire Which we shall most readily acknowledge in the like occasion In witness whereof We have caused the Seal of Our City to be thereunto put In Witness and Confirmation of all and every part whereof We the Commissioners of His said Majesty the King of Great Britain and of the said Lords the States General having sufficient Power given us thereunto have Signed these Tables and Sealed them with our Seals At the Hague in Holland the 17. of Febr. in the Year One thousand six hundred sixty eight De Gellicum B. d' Asperen John de Witt Van Crommon G. Hoolck V. Vnckell Jan. Van Isselmuden L. T. Van Starckenborck A Treaty of Friendship and Commerce between His Majesty of Great Britain c. and the Most Serene Prince the Duke of Savoy Concluded at Florence the 19th day of September 1669. The Instrument of Commerce with the Duke of SAVOY THe convenient Situation of the Port of Villa Franca in the Mediterranean Sea and the Capacity of the same together with the Security of it in all respects have been efficacious Motives to His Most Serene Highness the Duke of Savoy for the Exhibiting and Pronouncing the same Free to the whole World with a Belief that it might in time prove advantageous to the Publick and to His Royal Highness in particular But it so falling out that the vigour of things which are established by the best Counsel in process of time are rendred languid and subject to mutation It has therefore pleased His Royal Highness not only to reconfirm the Free State and Condition of his Port But over and above to offer the same to His Majesty of Great Britain c. encreased with new Priviledges and augmented with inviolable Capitulations To these Motives a most valid and reciprocal Inducement joyns it self To wit the Luxuriant Fertility of Soil which is obvious in the Kingdoms and other Plantations which are under the Dominion of His Majesty of Great Britain c. As also in the Dominions of His said Royal Highness which superfluity since it is so properly and naturally transmitted and emptied into the mutual Territories with the reciprocal fruit and advantage of the Subject 'T was easie for both Princes between whom there passed long since the Tyes of an Ancient Friendship confirmed by repeated Alliances and by late conjunction in Bloud to entertain thoughts of superadding the new Tye of mutual Commerce by which they might upon the score of advantaging their Subjects further Oblige and reciprocally Engage themselves to each other To this end and purpose it has pleased His Most Excellent Majesty by His Letters Patents under the Great Seal of England to constitute Sir John Finch Knight now Resident for His Majesty of Great Britain with the Great Duke of Tuscany His true and lawful Attorney with a Plenipotentiary Power as appears out of the Letters Patents themselves And to the same intent and purpose His Royal Highness has thought good to invest with the same Power and Authority Signor Joseph Maurice Philippone His Counsellor Auditor and Procurator General of His Revenue As is likewise apparent from the Letters Patents of His Royal Highness Both which Plenipotentiaries after several Meetings have finally Concluded as follows ARTICLES COVENANTED I. FIrst The Peace Confirmed Since Commerce was always the Companion of Peace That Peace which for many Years was never interrupted by War is now Ratified Established and Confirmed between the Most Potent Monarch CHARLES the Second King of Great Britain c. and His Royal Highness CHARLES EMANVEL the Second of that Name Duke of Savoy c. Both whose Subjects are obliged as well by Sea as Land upon all occasions to perform to each other all Actions of mutual Civility and Kindness II. Secondly It shall be permitted to English to Import freely all sorts of Goods and Land them without Confiscation or Imposition and lawful for all sorts and kinds of Ships and Vessels belonging to his Majesty the King of Great Britain c. or any of his Subjects to conduct and bring into the Ports of Villa Franca Nizza or S. Hospitio all things whatsoever or all kinds of Merchandise whether produced by Nature or made by Art in any part of the World All which things or Merchandise so brought shall freely and lawfully by the Captains or Masters or any
Revision of Accounts under pretence of Defraudation And if any Officer of his Royal Highness by way of Reward Voluntary Donative or any other way whatsoever shall exact or receive any Sum or Value beyond what is appointed in the mentioned Tariffes or Rates limited as in the aforesaid Articles The Person so offending shall be Imprisoned the space of Three months or more if his Royal Highness think fit and shall pay three times the full value of what he so demanded or received one half of which shall be applied to his Royal Highness and the other half to the Accuser or Informer XV. Fifteenthly and Lastly English to enjoy all the Immunities mentioned in the Publication of this free Port and all others which may be granted to any other Nation 'T is Covenanted and Agreed That all Immunities Priviledges and Concessions which in the General Publication of a Free Port made by his Royal Highness are not mentioned or specified in the foregoing Articles shall be for the full Advantage of his Majesties Subjects to all intents and purposes be understood to be expresly mentioned and contained in the Body of this present Instrument And whatsoever for the future of Immunity Priviledge or Advantage shall be granted to any other Kingdom or State all and every of the said Immunities Priviledges and Advantages are and shall be as fully with all their Circumstances granted to his Majesties Subjects as if they were expresly Covenanted and Agreed for in this present Instrument For the full and undoubted Confirmation of which and af all the foregoing Articles the above-named Procurators of his Majesty of Great Britain c. and his Royal Highness having diligently read and weighed all the abovesaid Fifteen Articles have hereunto put their Hands and Seals at Florence the Nineteenth day of September the Year of our Lord One thousand six hundred sixty nine L. S. John Finch L. S. Joseph Maurice Filippone A Treaty for the Composing of Differences Restraining of Depredations and Establishing of Peace in America between the Crowns of Great Britain and Spain Concluded at Madrid the 8 18 day of July in the Year of our Lord 1670. WHereas for many Years past the good Vnderstanding and Correspondence between the English and Spanish Nations having been disturbed in America Preface It pleased the Most Serene and Powerful Prince Charles King of Great Britain c. in order to the Restoring and Regulating the same for the future to send into Spain his Envoy Extraordinary Sir William Godolphin Knight with full Authority and Power to make any Treaty convenient and proper for that end And likewise the Most Serene and Powerful Charles King of Spain c. and the Queen Regent Maria-Anna c. for the carrying on a Work of so much Piety and Publick Good Deputed on their Part the Earl of Penaranda Councellor of State and President of the Indies to Confer Treat and Conclude thereupon with the said Sir William Godolphin At length they mutually Refolved and Agreed upon the Articles of the following Treaty in Virtue of their several Commissions I. First The Treaty of 1667 Confirmed It is Agreed between the above-mentioned Plenipotentiaries Sir William Godolphin and the Earl of Penaranda in the Names of the Most Serene Kings respectively their Masters That the Articles of Peace and Alliance made between the Crowns of Great Britain and Spain in Madrid on the 13 23 of May 1667 or any Clause thereof shall in no manner be deemed or understood to be taken away or abrogated by this present Treaty but that the same shall remain perpetually in their ancient force stability and vigour so far forth as they are not contrary or repugnant to this present Convention and Articles or to any thing therein contained II. That there be an Universal Peace An Universal Peace as well in America as elsewhere true and sincere Amity in America as in the other Parts of the World between the Most Serene Kings of Great Britain and Spain their Heirs and Successors and between the Kingdoms States Plantations Colonies Forts Cities Islands and Dominions without any distinction of Place belonging unto either of them and between the People and Inhabitants under their respective Obedience which shall endure from this Day for ever and be observed inviolably as well by Land as by Sea and Fresh-waters so as to promote each the Welfare and Advantage of the other and favour and assist one another with mutual Love and that every where as well in those remote Countries as in these which are nearer the faithful Offices of good Neighbourhood and Friendship may be exercised and increase between them III. Also All Enmities and Depradations to cease that for the time to come all Enmities Hostilities and Discords between the said Kings their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where IV. The said Most Serene Kings shall take care that their Subjects do accordingly abstain from all Force and Wrong-doing Letters of Mart Reveked And they shall Revoke all Commissions and Letters of Reprisal and Mart or otherwise containing Licence to take Prizes of what condition or kind soever being to the Prejudice of the one or other of the said Kings or of their Subjects whether the same have been given or granted by them unto Subjects or Inhabitants or unto Strangers and shall declare the same to be void and of no force as by this Treaty of Peace they are declared so to be Reslitution for Losses contrary to this Treaty And whosoever shall do any thing to the contrary he shall be punished not only Criminally according to the merit of his Offence but shall also be compell'd to make Restitution and Satisfaction for the Losses to the Parties damnified requiring the same V. And furthermore Renunciation of all Leagues c. contrary to this Peace the said Kings shall Denounce as by the Tenor of these Presents every of them hath and doth Renounce whatsoever League Confederation Capitulation and Intelligence made by what manner soever in the Prejudice of the one or the other which doth or may repugn against this Peace and Concord and all and singular the Contents thereof All which and every of them so far as they do concern the Effect aforesaid said they shall annul and make void and declare to be of no force or moment VI. The Prisoners on both Sides Prisoners released one and all of what Degree or Condition soever detained by reason of any Hostilities hitherto committed in America shall be forthwith set at liberty without Ransom or any other Price of their Freedom VII All Offences All Injuries to be forgotten Damages Losses Injuries which the Nations and People of Great Britain and Spain have at any time heretofore upon what Cause or Pretext soever suffered by each
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
and Governors of the City and Kingdom of Tripoli Concluded by Sir John Narbrough Knight Admiral of his Majesties Fleet in the Mediterranean Seas the First day of May 1676. Article I. IN the first place A perpetual Peace it is Agreed and Concluded That from this day and for ever forward there be a true firm and inviolable Peace between the Most Serene King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords the Bashaw Dey Aga Divan and Governors of the City and Kingdom of Tripoli in Barbary and between all the Dominions and Subjects of either Side and that the Ships or other Vessels and the Subjects and People of both Sides shall not henceforth do to each other any Harm Offence or Injury either in Word or Deed but shall Treat one another with all possible Respect and Friendship II. That any of the Ships or other Vessels belonging to the said King of Great Britain English Ships to come freely to Tripoli or to any of his Majesties Subjects may safely come to the Port of Tripoli or to any other Port or Place of that Kingdom or Dominions thereunto belonging freely to Buy and Sell without the least Disturbance paying the usual Customs as in former Times hath been paid for such Goods as they Sell To pay Customs only for the Goods they sell and for the Goods they Sell not they shall have free liberty to carry on Board their own Ships without paying any Duties for the same and when they please they shall freely depart from thence without any Stop Hindrance or Molestation whatsoever III. That all Ships and other Vessels All Persons and Goods belonging to the Subjects of other Nations on Board the Ships of either Party to be free as well those belonging to the said King of Great Britain or to any of his Majesties Subjects As also those belonging to the Kingdom or People of Tripoli shall freely pass the Seas and Traffick where they please without any Search Hindrance or Molestation from each other and that all Persons or Passengers of what Country soever and all Moneys Goods Merchandises and Moveables to whatsoever People or Nation belonging being on Board of any the said Ships or Vessels shall be wholly free and shall not be Stopped Taken or Plundred nor receive any Harm or Damage whatsoever from either Party IV. That the Tripoli Ships of War How Ships shall be Visited at Sea or other Vessels thereunto belonging meeting with any Merchants Ships or other Vessels of the King of Great Britain's Subjects not being in any of the Seas appertaining to his Majesties Dominions may send on Board one single Boat with but two Sitters besides the ordinary Crew of Rowers and no more but the two Sitters to enter any of the said Merchants Ships or any other Vessels without the express leave from the Commander of every such Ship or Vessel and then upon producing unto them a Pass under the Hand and Seal of the Lord High Admiral of England the said Boat shall presently depart and the Merchants Ship or Ships Vessel or Vessels shall proceed freely on her or their Voyage And although the Commander or Commanders of the said Merchant Ship or Ships Vessel or Vessels produce no Pass from the Lord High Admiral of England yet if the major part of the said Ships or Vessels Company be Subjects to the said King of Great Britain the said Boat shall presently depart and the Merchant Ship or Ships Vessel or Vessels shall proceed freely on her or their Voyage And if any of the said Ships of War or other Vessels of his said Majesty meeting with any Ship or Ships Vessel or Vessels belonging to Tripoli if the Commander or Commanders of any such Ship or Ships Vessel or Vessels shall produce a Pass firmed by the chief Governors of Tripoli and a Certificate from the English Consul living there or if they have no such Pass or Certificate yet if the major part of their Ships Company or Companies be Turks Moors or Slaves belonging to Tripoli then the said Tripoli Ship or Ships Vessel or Vessels shall proceed freely V. That no Commander or other Person of any Ship or Vessel of Tripoli shall take out of any Ship or Vessel of his said Majesties Subjects No person whatsoever to be taken out of any English Ship any Person or Persons whatsoever to carry them any where to be Examined or upon any other Pretence nor shall use any Torture or Violence unto any person of what Nation or Quality soever being on Board any Ship or Vessel of his Majesties Subjects upon any pretence whatsoever VI. That no Shipwrack belonging to the said King of Great Britain Goods of a Ship cast away to be saved or to any of his Majesties Subjects upon any part of the Coast belonging to Tripoli shall be made or become Prize The Men not to be made Slaves and that neither the Goods thereof shall be Seised nor the Men made Slaves but that all the Subjects of Tripoli shall do their best Endeavours to save the said Men and their Goods VII That no Ship or any other Vessel of Tripoli shall have permission to be delivered up No Tripoli Ship shall be used against the English or to go to any other Place in Enmity with the said King of Great Britain to be made use of as Corsairs or Sea-Rovers against his said Majesties Subjects VIII That none of the Ships or other smaller Vessels of Tripoli shall remain Cruising near his Majesties City and Garrison of Tangier No Tripoli Ship to Cruise near Tangier or disturb the Commerce of it or in sight of it nor other way disturb the Peace and Commerce of that Place IX That if any Ship or Vessel of Tunis No English Ship brought in as Prize or Men or Goods to be sold at Tripoli Algier Tittuan or Sally or any other Place being in War with the said King of Great Britain bring any Ships Vessels Men or Goods belonging to any of his said Majesties Subjects to Tripoli or to any Port or Place in that Kingdom the Governors there shall not permit them to be sold within the Territories of Tripoli X. That if any of the Ships of War of the said King of Great Britain do come to Tripoli English Men of War may dispose of their Prizes at Tripoli or to any other Port or Place of that Kingdom with any Prize they may freely sell it or otherwise 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 Custom And that if they shall want Provisions Victuals May buy Provisions c. or any other things they may freely buy them at the Rates in the Market XI That when any of his Majesties Ships of War shall appear before Tripoli English
notice thereof given by his said Majesties Consul or Officer from the Ship unto the Dey and Government of Tripoli they shall in Honour to his Majesty cause a Salute of One and twenty Cannon to be Shot off from the Castle and Forts of the City and that the said Ship shall return an Answer by Shooting off the same number of Cannon XXII That presently after the Signing and Sealing of these Articles by Us Halil Bashaw Ibraim Dey Aga Amnesty for all Injuries past Divan and Governors of the Noble City and Kingdom of Tripoli all Injuries and Damages sustained on either Part shall be quite taken away and forgotten and this Peace shall be in full force and virtue and continue for ever Satisfaction to be made for Injuries committed before the Notification of this Peace And for all Depredations and Damages that shall be hereafter committed or done by either Side before notice can be given of this Peace full satisfaction shall be immediately made and whatsoever remains in kind shall be instantly restored XXIII That whensoever it shall happen hereafter Satisfaction to be immediately made for all Injuries and the Peace not to be broken till Satisfaction be denied that any thing is done or committed by the Ships or Subjects of either Side contrary to any of these Articles Satisfaction being demanded therefore shall be made to the full and without any manner of delay and that it shall not be lawful to break this Peace until such Satisfaction be denied And Our Faith shall be Our Faith and Our Word Our Word and whosoever shall be the cause of breaking of this Peace shall assuredly be punished with present Death Confirmed and Sealed in the Presence of Almighty God the 5th day of March Old Stile and the Year of our Lord Jesus Christ 1675 6. being the last day of the Moon Zelhedga and the Year of the Hegira One thousand eighty six 1086. L. S. L. S. Bashaw L. S. Dey L. S. Divan WHereas there were Articles of Peace and Commerce between the Most Serene and Mighty Prince Charles the Second Confirmation of the former Peace by the Grace of God King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords Halil Bashaw Ibraim Dey Aga Divan and Governors of the Noble City and Kingdom of Tripoli in Barbary lately Made and Concluded by the said Lords on the one part and by Sir John Narbrough Knight Admiral of his said Serene Majesties Fleet in the Mediterranean Seas on the other part and by them Confirmed and Sealed in the Presence of Almighty God the Fifth day of March Old Stile and the Year of our Lord Jesus Christ 1675 6 being the last day of the Moon Zelhedga and the Year of the Hegira One thousand eighty six 1086. Since which time of Confirming and Sealing the aforesaid Articles of Peace and Commerce the aforesaid Lord Ibraim Dey being fled away from his said Government of the City and Kingdom of Tripoli in Barbary Now therefore We Halil Bashaw Aga Divan Governors Souldiers and People of the aforesaid City and Kingdom of Tripoli have chosen and elected Vice-Admiral Mustapha Grande to be Dey of the said City and Kingdom of Tripoli in Barbary to succeed Ibraim Dey in the aforesaid Government And now We the said Halil Bashaw Mustapha Dey Aga Divan Governors Souldiers and People of Tripoli aforesaid having seen the aforesaid Articles of Peace and Commerce which were lately Made and Concluded as aforesaid and having seriously perused and fully considered all Particulars therein mentioned do fully approve of all and every of the aforesaid Article and Articles of Peace And We and every one of us do now by these Presents Consent and Agree to and with Sir John Narbrough Knight aforesaid for the Just and Exact keeping and performing all of the said Articles and do Accept Approve Ratifie and Confirm all and every of them in the same manner and form as they are inserted and repeated in the preceding Articles aforesaid Hereby firmly Engaging our Selves and Successors assuring on our Faith sacredly to maintain and strictly to observe perform and keep inviolably all and every the aforesaid Article and Articles of Peace and Agreement for ever And to cause and require all Our Subjects and People of what Degree or Quality whatsoever within the City and Kingdom of Tripoli in Barbary or Dominions thereunto belonging both by Sea and Land punctually inviolably carefully and duly to observe keep and perform all and every the aforesaid Article and Articles thereof for ever And our Faith shall be our Faith and our Word our Word and whosoever shall at any time violate and break any part of the said Article or Articles of Peace they shall assuredly be punished with greatest severity and his or their Heads shall be immediately cut off and forthwith be Presented unto any Officer whom the Most Serene King of Great Britain c. shall authorise to make demand thereof It is farther Agreed English Trading on English Ships to pay One per Cent. less Custom as others That the Subjects belonging unto the Most Serene King of Great Britain c. Trading unto the Port of the City and Kingdom of Tripoli in Barbary aforesaid or unto any Port or Place of the Dominions thereunto belonging in any Merchants Ship or other Vessel belonging unto the said Serene Kings Subjects shall not pay so much Custom by One per Cent. for whatsoever Goods or Merchandises they sell or buy as other Nations do for the Custom of the like Goods or Merchandise notwithstanding whatsoever is specified in the second Article aforesaid to the contrary And that the Most Serene King of Great Britain's Consul Residing in Tripoli aforesaid The Consul to have leave to put the Kings Flagg on the Top of his House and in his Boat shall have liberty at all times when he pleaseth to put up his said Serene Majesties Flagg on the Flagg-staff on the Top of his House and there to continue it spread as long time as he pleaseth Likewise the said Consul to have the same liberty of putting up and spreading the said Flagg in his Boat when he passeth on the Water and no Man whatsoever to oppose molest disturb or injure him therein either by Word or Deed. These and all other preceding Articles are to remain firm for ever without any Alteration Particulars not mentioned here to be according to the Capitulations with the Grand Signior and in all other Particulars not mentioned in any of these Articles the Regulation shall be according to the Capitulations General with the Grand Seignior Confirmed likewise and Sealed in the Presence of Almighty God at Our Castle in the Noble City and Kingdom of Tripoli in Barbary the First day of May Old Stile and the Year of our Lord Jesus Christ One thousand six hundred and seventy six being the Six and twentieth day of the Moon Zaphire and the Year of
General shall complain of the unjustness of Sentences the said States will cause a Review and Examination thereof to be made in the Assembly of the States General that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and they will likewise take care that the same be fully provided for Goods not to be sold before Sentence or during the Review and that Right be done to the Party complaining within the space of Three months Nevertheless it shall not any ways be lawful to Sell or Unlade the Goods in Controversie either before the Sentence given or after it during the Review thereof on either Side unless it be with the consent of the Parties interessed XIII A Suit being Commensed between the Takers of Prizes on the one Part Sentence in case of Prizes being given for the Reclaimer shall be put in Execution notwithstanding the 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 Merchants Ships No Master or Mariner of a Ship taken to be used cruelly or tortured and likewise the Mariners and Passengers do sometime 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 It is Agreed That both his Majesty and the Lords the States General shall by the severest Proclamations or Placaets 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 If they have been Tortured the Ship and Lading shall be free 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 Proceedings against her as well Judicial as otherwise XV. It is also Agreed Neither Parties Subjects to take Commissions from a third Party That the like severity of Punishments shall be inflicted upon those who contrary to the meaning of the One and twentieth Article of the Treaty of Peace Concluded at Breda shall take Commissions from Enemies to seise the Ships of either Allie or Party contrary to what is Provided in the said Article XVI Lastly To be Ratified within Two months It is Agreed and Concluded 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 And Copies to be sent to all Colonies c. And also that the said Treaty shall within One month after such Exchanging of the Ratifications be delivered in due and authentique Form to the Governors of the English East-India and Africa Companies and to the Directors of the Dutch East and West-India Companies and shall with the first Conveniency be also sent by his said Majesty and by the said Lords the States to their respective Governors and Commanders in Chief of their Colonies and Plantations in every Part of the World out of Europe to the end that it may be by them and all others within their Domions and under their Power punctually observed and fulfilled 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 His Majesties Dominions to the Ships and Vessels Sailing out thence 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 _____ Judge of the High Court of the Admiralty 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 _____ _____ in _____ the _____ day of _____ in the Year of our Lord _____ The Form of the Passport or Sea-brief to be asked of and given by the Burgermasters of the Cities and Ports of the United Netherlands to the Ships or Vessels Sailing from thence according to the Purport of the Fifth Article TO the most Serene most Illustrious most Mighty most Noble most Honorable and most Prudent Emperors Kings Governors of Commonweâ—lths Princes Dukes Earls Barons Lords Burgermasters Schepens Counsellors Judges Officers Justices and Rulers of all Cities and Places as well Ecclesiastical as Secular to whom these Presents shall be shewn We the Burgermasters and Rulers of the City of _____ do
Subjects of the most Christian King Articles of Peace and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords the Bashaw Dey Aga and Governors of the famous City and Kingdom of Algiers in Barbary Concluded by Arthur Herbert Esquire Admiral of of his Majesties Fleet in the Mediterranean Seas on the Tenth day of April Old Stile 1682. Artic. I. IN the first place it is Agreed and Concluded That from this day Firm Peace and for ever forwards there be a true firm and inviolable Peace between the most Serene King of Great Britain France and Ireland Defender of the Christian Faith c. and the most Illustrious Lords the Bashaw Dey Aga and Governors of the City and Kingdom of Algiers and between all the Dominions and Subjects of either Side and that the Ships or other Vessels and the Subjects and People of both Sides shall not henceforth do to each other any Harm Offence or Injury either in Word or Deed but shall Treat one another with all possible Respect and Friendship II. That any of the Ships or other Vessels belonging to the said King of Great Britain Liberty of coming in or Trading to Algiers paying Ten per Cent. Custom or to any of his Majesties Subjects may safely come to the Port of Algiers or to any other Port or Place of that Kingdom there freely to Buy and Sell paying the usual Customs of Ten per Cent. as in former Times for such Goods as they sell and the Goods they sell not they shall freely carry on Board without paying any Duties for the same And that they shall freely depart from thence whensoever they please Contraband Goods to pay no Duties at Algiers without any stop or hindrance whatsoever As to Contraband Merchandises as Powder Brimstone Iron Planks and all sorts of Timber fit for Building of Ships Ropes Pitch Tar Fusils and other Habiliments of War his said Majesties Subjects shall pay no Duty for the same to those of Algiers III. That all Ships and other Vessels English Ships and all Persons and Goods whatsoever on Board to pass the Seas freely as well those belonging to the said King of Great Britain or to any of his Majesties Subjects as those belonging to the Kingdom or People of Algiers shall freely pass the Seas and Traffick without any Search hindrance or molestation from each other and that all Persons or Passengers of what Country soever and all Moneys Goods Merchandises and Moveables to whatsoever People or Nation belonging being on Board of any of the said Ships or Vessels shall be wholly free and shall not be stopped taken or plundered nor receive any harm or damage whatsoever from either Party IV. That the Algier Ships of War or other Vessels meeting with any Merchants Ships or other Vessels of his said Majesties Subjects Manner of Visiting Ships at Sea not being in any of the Seas appertaining to his Majesties Dominions may send on Board one single Boat with two Sitters only besides the ordinary Crew of Rowers and that no more shall enter any such Merchant Ship or Vessel without express leave from the Commander thereof but the two Sitters alone and that upon producing a Pass under the Hand and Seal of the Lord High Admiral of England and Ireland or of the Lord High Admiral of Scotland for the said Kingdoms respectively or under the Hands and Seals of the Commissioners for Executing the Office of Lord High Admiral of any of the said Kingdoms that the said Boat shall presently depart and the Merchant Ship or Vessel shall proceed freely on her Voyage and that although for the space of Fifteen Months next ensuing after the Conclusion of this Peace the said Commander of the Merchant Ship or Vessel produce no such Pass yet if the major part of the Seamen of the said Ship or Vessel be Subjects of the said King of Great Britain the said Boat shall immediately depart and the said Merchant Ship or Vessel shall freely proceed on her Voyage But that after the said Fifteen Months all Merchants Ships or Vessels of his said Majesties Subjects shall be obliged to produce such a Pass as aforesaid And any of the Ships of War or other Vessels of his said Majesty meeting with any Ships or other Vessels of Algiers if the Commander of any such Algier Ship or Vessel shall produce a Pass Firmed by the chief Governors of Algiers and a Certificate from the English Consul living there or if they have no such Pass or Certificate yet if for the space of Fifteen Months next ensuing the Conclusion of this Peace the major part of the Ships Company be Turks Moors or Slaves belonging to Algiers then the said Algier Ship or Vessel shall proceed freely But that after the said Fifteen Months all Algiers Ships or Vessels shall be obliged to produce such a Pass and Certificate as aforesaid V. That no Commander or other Person of any Ship or Vessel of Algiers shall take out of any Ship or Vessel of his said Majesties Subjects No person to be taken our of any English Ship nor Tortured any person or persons whatsoever to carry them any where to be Examined or upon any other pretence nor shall they use any Torture or Violence to any person of what Nation or Quality soever being on Board any Ship or Vessel of his Majesties Subjects upon any pretence whatsoever VI. That no Shipwrack belonging to the said King of Great Britain No Shipwracks to be Prize nor the Goods or Men to be Seized or to any of his Majesties Subjects upon any part of the Coast belonging to Algiers shall be made or become Prize and that neither the Goods thereof shall be Seized nor the Men made Slaves but that all the Subjects of Algiers shall do their best endeavours to save the said Men and their Goods VII That no Ship Algerine Ships not to go to Sally or other Place in Enmity with the King to be used against the English nor any other Vessel of Algiers shall have permission to be delivered up or go to Sally or any Place in Enmity with the said King of Great Britain to be made use of as Corsairs or Sea-Rovers against his said Majesties Subjects VIII That none of the Ships or other smaller Vessels of Algiers shall remain Cruising near or in sight of his Majesties City and Garison of Tangier Algerines not to Cruise in sight of Tangier or other Place of his Majesties or of any other his Majesties Roads Havens or Ports Towns and Places nor any ways disturb the Peace and Commerce of the same IX That if any Ship or Vessel of Tunis Tripoli English made Prize by those of Tunis c. not to be sold at Algiers or Sally or of any other Place bring any Ships Vessels Men or