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A32673 A treaty marine between the Most Serene and Mighty Prince Charles II ... and the High and Mighty Lords, the States General of the United Netherlands to be observed throughout all and every the countreys and parts of the world by sea and land, concluded at London the first day of December, 1674 ...; Treaties, etc. United Provinces of the Netherlands, 1674 Dec. 1 England and Wales.; United Provinces of the Netherlands. Treaties, etc. England and Wales, 1674 Dec. 1.; England and Wales. Sovereign (1660-1685 : Charles II); United Provinces of the Netherlands. Staten Generaal. 1674 (1674) Wing C3619; ESTC R4182 8,144 32

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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 Countreys under their Obedience respectively with the like kindness as their own Subjects will give all necessary and effectual Orders that Judgments upon Prizes Taken be given according to the Rule of Justice and Equity by Judges beyond all suspition 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 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 Praecautions 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 Moneths And likewise when the Ambassadors or other Publick Ministers of His Majesty Resident with the Sates 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 Praecautions 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 and that Right be done to the Party complaining within the space of Three Moneths 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 Commenced between the Takers of Prizes on the one Part 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 and likewise the Mariners and Passengers do sometimes suffer many Cruelties and Barbarous usages when they are brought under the Power of Ships which take Prizes in time of War the Takers in an inhumane manner Tormenting them thereby to Extort from them such Confessions as they would have to be made 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 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 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 Seize the Ships of either Ally or party contrary to what is Provided in the said Article XVI Lastly 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 Moneths from the Date hereof Rightly and Reciprocally Exchanged between both Parties And also that the said Treaty shall within one Moneth after such Exchanging of the Ratifications be Delivered in Due and Authentique Form to the Governours of the English East-India and Affrica 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 Governours 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 Dominions 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 Vs 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 Vs 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 Pasport or Sea-brief to be asked of and given by the Burger-masters 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 Honourable and most Prudent Emperours Kings Governours of Common-wealths Princes Dukes Earles Barons Lords Burger-masters 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 Burger-masters and Rulers of the City of _____ do Certifie That _____ Master or Skipper of the Ship _____ appeared before Us and Declared by Solemn Oath That the said Ship called the _____ containing about _____ Lasts of which he is at present Master or Skipper belongeth to the Inhabitants of the United Netherlands So help him God And in regard it would be most acceptable to Us that the said Master or Skipper be Assisted in his just and lawful Affairs We do Request you and every of you wheresoever the said Master or Skipper 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 caused the Seal of Our City to be hereunto put Dated at _____ in _____ the _____ day of _____ in the year of Our Lord In Testimony and Confirmation of all and singular the Premises We the Commissioners of His Majesty and the Lords the States General aforesaid being sufficiently Impower'd thereunto have to these Presents Subscribed Our Names and Sealed them with Our Seals At London the First day of December 1674. Tho. Culpeper G. Downing Richard Ford Will. Thomson John Jollife John Buckworth J. Corver G. Sautyn Samuel Beyer And. Van Vossen P. Duvelaer M. Michielzen FINIS