aforesaid ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries It is therefore Agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour of those Provinces for the time being or any other Ministers of the King of Spain sufficiently authorised in this behalf shall friendly Treat and Conclude hereupon and also such further Priviledges Immunities and necessary Exemption suitable to the present state of Affairs shall be granted for the encouragement of the said Merchants and Adventurers and for the security of their Trade and Commerce as shall be agreed upon in a special Treaty that shall be made between both the Kings touching this Particular XXI The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively Freedom of Trade to Places in Amity or Neutrality with either Party shall with all security and liberty Sail to and Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII And they shall not be disturbed or disquieted in that liberty Not to be disturbed in that liberty by the Ships or Subjects of the said Kings respectively by reason of the Hostilities which are or may be hereafter between either of the said Kings and the aforesaid Kingdoms Countries and States or any of them which shall be in Friendship or Neutrality with the other XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned Contraband Goods and no other to be Confiscated being of Contraband and Prohibited they shall be taken out and Confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either Seized or Confiscated XXIV Moreover for better prevention of the Differences which might arise touching the meaning of forbidden Merchandise and of Contraband It is Declared and Agreed What are Contraband Goods That under this Name shall be comprehended all Fire-Arms as Ordnance Musquets Mortar-pieces Petards Bombs Granadoes Fire-crancels Fire-balls Musquet-rests Bandeliers Gunpowder Match Salt-petre and Bullets Likewise under the Name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this Name is likewise forbidden the Transportation of Souldiers Horses their Harnesses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise Exceptions to the above-mentioned Article to prevent all manner of Dispute and Contention It is Agreed That under the Name of forbidden Merchandise and of Contraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyl and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the Transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be Besieged and blocked up or surrounded XXVI It is also Agreed Goods belonging to either Party found on Enemies Ships to be Confiscated That whatsoever shall be found Laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain Aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be Confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain The power of the respective Consuls for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same Power and Authority in the execution of his Charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much Authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other Business Merchants not to be molested for Religion should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publick scandal or offence And the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publick scandal or offence XXIX That the People and Subjects respectively of one Kingdom Merchandises to be paid for onely in such Coin as shall be agreed upon in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other Species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers Merchants c. freely to enjoy their Houses Ware-houses c. And the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Warehouses and Magazines for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI To employ such Proctors Agents c. as they shall think fit The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the Obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left
to their choice and consented to by the ordinary Judges as often as there shall be occasion and they shall not be constrained to shew their Books and Papers of Accompt to any Person if it be not to give Evidence for the avoiding Law-Suits and Controversies neither shall they be Embarqued Detained or taken out of their hands upon any pretence whatsoever And it shall be permitted to the People and Subjects of either King in the respective Places where they shall reside to keep their Books of Accompt Books of Accompt not subject to any Inquisition Traffick and Correspondence in what Language they please in English Spanish Dutch or any other the which shall not be molested or subject to any Inquisition And whatsoever else hath been granted by either Party concerning this Particular to any other Nation shall be understood likewise to be granted here XXXII That in case the Estate of any person or persons shall be Sequestred or Seised on by any Court of Justice or Tribunal whatsoever About Confiscation of Estates within the Kingdoms and Dominions of either Party and any Estate or Debt happen to lie in the hands of the Delinquents belonging bona fide to the People and Subjects of the other the said Estate or Debts shall not be Confiscated by any of the said Tribunals but shall be restored to the true Owners in specie if they yet remain and if not the value of them according to the Contract and agreement which was made between the Parties shall be restored within three Months after the said Sequestration XXXIII That the Goods and Estates of the People and Subjects of the one King Estates of those that die to be kept for the Heirs that shall die in the Countries Lands and Dominions of the other shall be preserved for the lawful Heirs and Successors of the Deceased the Right of any Third person always reserved XXXIV That the Goods and Estates of the Subjects of the King of Great Britain Concerning the Estates of those that die Intestate that shall die without making a Will in the Dominions of the King of Spain shall be put into Inventory with their Papers Writings and Books of Accompt by the Consul or other publick Minister of the King of Great Britain and deposited in the hands of two or three Merchants that shall be named by the said Consul or publick Minister to be kept for the Proprietors and Creditors and neither the Cruzada nor any other Judicatory whatsoever shall intermeddle therein which also in the like case shall be observed in England towards the Subjects of the King of Spain XXXV That a decent and convenient Burial-place shall be granted and appointed to bury the Bodies of the Subjects of the King of Great Britain The English to have a Burial-place for their Dead who shall die within the Dominions of the King of Spain XXXVI If it shall happen hereafter that any Difference fall out which God forbid between the King of Great Britain and the King of Spain whereby the mutual Commerce and good Correspondence may be endangered the respective Subjects and People of each Party shall have notice thereof given them in time that is to say the space of Six months to Transport their Merchandise and Effects without giving them in that time any molestation or trouble or Retaining or Embarquing their Goods or Persons XXXVII All Goods and Rights concealed or Embarqued In case of any Difference between the Crowns Six months notice to be given Moveables Immoveables Rents Deeds Debts Credits and the like which have not with a formal notice of the cause and by a legal Condemnation according to the Ordinary Justice been brought into the Royal Exchequer at the time of concluding this Treaty shall remain at the full and free disposal of the Proprietors their Heirs or of those who shall have their Right with all the Fruits Rents and Emoluments thereof and neither those who have concealed the said Goods nor their Heirs shall be molested for this cause by the Exchequers respectively but the Proprietors their Heirs or those who shall have their Right shall have for the said Goods and Rights their Action at Law as for their own proper Goods and Estate XXXVIII It is Agreed and Concluded English to have all Priviledges granted or to be granted to any other Stranger and reciprocally the Spanish to enjoy the like That the People and Subjects of the King of Great Britain and of the King of Spain shall have and enjoy in the respective Lands Seas Ports Havens Roads and Territories of the one or the other and in all Places whatsoever the same Priviledges Securities Liberties and Immunities whether they concern their Persons or Trade with all the beneficial Clauses and Circumstances which have been granted or shall be hereafter granted by either of the said Kings to the Most Christian King the States General of the United Provinces the Hans-Towns or any other Kingdom or State whatsoever in as full ample and beneficial manner as if the same were particularly mentioned and inserted in this Treaty XXXIX In case any Difference or Dispute shall happen on either side concerning these Articles of Trade and Commerce How to proceed in case any Dispute happen about these Articles by either the Officers of the Admiralty or other Person whatsoever in the one or the other Kingdom The Complaint being presented by the Party concerned to their Majesties or to any of their Council their said Majesties shall cause the Damages forthwith to be repaired and all things as they are above Agreed to be duly executed And in case that in progress of time any Frauds or Inconveniencies be discovered in the Navigation and Commerce between both Kingdoms against which sufficient Prevention hath not been made in these Articles other Provisions may be hereafter mutually Agreed on as shall be judged convenient the present Treaty remaining still in full force and vigour XL. It is likewise Accorded and Concluded That the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep and procure to be observed and kept by their Subjects and Inhabitants respectively all and singular the Capitulations in this present Treaty Agreed and Concluded Neither shall they directly or indirectly infringe the same or consent that the same shall be infringed by any of their Subjects or Inhabitants About the Ratifications And they shall Ratifie and Confirm all and singular the Conventions before Accorded by Letters Patents reciprocally in sufficient full and effectual Form and the same so formed and made shall interchangeably deliver or cause to be delivered faithfully and really within Four months after the Date of these Presents and they shall then as soon as conveniently may be cause this present Treaty of Peace and Amity to be published in all Places and in the manner accustomed Dated at Madrid the 13 23 day of May in the Year of our Lord 1667.
taken which for this effect was exhibited unto me by William Bland dwelling in the City of Sivil who took it away again with him the 11. of April Anno 1645. Joseph de Pineda Notary Publick of the City of Sivil for the King Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and Mighty Prince Lewis XIV The Most Christian King Concluded the 21 31 day of July 1667. I. THat there be an Universal Peace and Amity restored Perpetual True and Sincere Peace and Amity between the Most Christian King and the King of Great Britain their Heirs and Successors and between the Kingdoms States and Subjects of both and that the same be so sincerely and seriously observed and kept that one shall promote the Honour and Advantage of the other And that a faithful Neighbourhood and secure observation of Peace and Friendship may flourish again on every side II. That all Enmities Hostilities Discords and Wars between the said Kings and their Subjects cease and be abolished Cessation of Hostilities so as they both do forbear and abstain hereafter from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions and Places of eithers Kingdoms and Territories of what Condition soever they be III. That all Offences All Injuries to be forgotten Injuries Damages which either of the said Kings or their Subjects have suffered from the other during this War be buried in Oblivion so that neither in regard of them nor for the cause or pretence of any other thing neither Party nor the Subjects of either shall hereafter do or cause to be done or made any Hostility Enmity Molestation or Hindrance to the other by himself or by others secretly or openly directly or indirectly by colour of Right or way of Fact IV. That the use of Navigation and Commerce be free between the Subjects of both the said Kings Freedom of Trade and Navigation as it was anciently in the time of Peace and before the Denunciation of the late War so that every one of them may freely come into the Kingdoms Provinces Marts Ports and Rivers of either Party bringing their Merchandise and Conversing and Trading there without Molestation V. That all Prisoners on either side Prisoners released of what Degree Dignity or Condition soever be forthwith set at liberty without Ransom or any other Price of their Freedom Provided they pay what is lawfully due for Diet or other Cause VI. That all Proclamations and Acts which by reason of this War either Party hath published All Acts made against the liberty of Trade Revoked to the prejudice of either against the liberty of Navigation and Trade be abrogated on both sides VII That the Most Christian King shall with all speed or at the furthest within Six months to be reckoned from the Day of Subscribing this present Agreement Restitution of St. Christophers restore unto the King of Great Britain or unto such as to that purpose shall receive his Commands duely Passed under the Great Seal of England that part of the Isle of St. Christophers which the English possessed the First of January 1665. before the Declaration of the late War and to that end the said Most Christian King shall immediately upon the Ratification of the same Agreement deliver or cause to be delivered unto the said King of Great Britain or such Ministers of his as shall be thereunto appointed all necessary Instruments and Orders duely dispatched VIII But if any of the Subjects of the said King of Great Britain shall have sold the Goods which he possessed in that Island If any person have sold his Goods there he shall repay the Money before he be restored and the Price of the Sale hath been paid unto him he shall not be restored and put into possession of those Goods by virtue of the present Agreement before he hath actually paid back the Price or the Money he hath received IX But if it happen which yet is not known hitherto that the Subjects of the said Most Christian King are beaten out of the said Island of St. Christophers by the Subjects of the above-mentioned King of Great Britain before or after the Subscription of the present Agreement Nevertheless All things in that Island to be put in the same state as they were in 1665. things shall be restored unto that state and condition wherein they were in the beginning of the Year 1665. that is before the Declaration of the War now determining and the said King of Great Britain assoon as he hath notice thereof shall without any delay deliver or cause to be delivered unto the above-mentioned Most Christian King or his Ministers thereunto appointed all Instruments and Orders duely made which are necessary for that Restitution X. Also Restitution of Acadia to the French That the said King of Great Britain do likewise restore unto the said Most Christian King or unto such as to that purpose shall receive his Command duely passed under the Great Seal of France the Country which is called Acadia lying in North America which the said Most Christian King did formerly enjoy And to that end the said King of Great Britain shall immediately upon the Ratification of this Agreement deliver or cause to be delivered unto the said Most Christian King or such Ministers of his as shall be thereunto appointed all Instruments and Orders duely dispatched which shall be necessary to the said Restitution XI But if any of the Inhabitants of that Country called Acadia Such Inhabitants as shall desire to leave the Place may shall rather desire to be hereafter under the Dominion of the King of Great Britain it shall be lawful for such to depart within the space of One year to be counted from the Day of the Restitution of that Country and to sell alienate or otherwise dispose as they please their Lands Grounds Slaves and all their Goods moveable or immoveable and such persons as shall Contract with them for the same shall be forced to make good such Contracts by the Most Christian Kings Authority But if they shall rather choose to carry away with them their Money Housholdstuff Vessels Slaves and all their Moveables it shall be free for them so to do without any hindrance or molestation whatsoever XII Also the Most Christian King shall in like manner restore unto the King of Great Britain the Islands called Antigoa and Monsarat if they be in his power and any other Islands Countreys Reciprocal Restitution of Places taken Forts and Colonies which may have been gotten by the Arms of the Most Christian King before or after the Subscription of the present Treaty and which the King of Great Britain possessed before he
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
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 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
at liberty to prosecute their Voyage and they that pretend any thing of them let them come to the Divan for to be judged and let the Ambassador defend them from those that come to demand but if the Consul will not be Security then let the Judge of the Place give Sentence IV. In Constantinople Scanderoon Smyrna and Cyprus and all other Ports and Scales of my Empire whatsoever English Ships shall arrive they shall pay three hundred Aspers for Anchorage or Port Charges and there shall not nor ought not to be taken or paid one Asper more V. An Englishman coming with Effects and turning Mussulman the Ambassador or Consul knowing that such Effects do belong to other English Merchants let all the Money and other Effects be taken out of the hand of such a Mussulman and consigned to the Ambassador to the end that he may transmit them to whom they do belong that by this means no Goods of other men may remain in the hands of such a Mussulman and let not this be hindred by the means of any Caddi or other Judges or Ministers VI. Any of the aforesaid English Nation buying Chamblets Moehairs or Grogran-Yarn in Angora or Begbazar if they will Export the said Goods from those Places after having paid Three per cent for the Custom of such Goods they Export let them not be molested for Skraz Batch that is for Passage or Exportation and there neither shall nor ought to be taken upon the account of any such Demand one Asper VII Any English Merchant being to receive from his Debtor any Sum of Money if the said Debt be recovered by the means and help of an Assistant or Chiaus he that recovers the Debt shall pay no more than what is paid to other Caddi's which is two Aspers only and not one Asper more VIII There passing good Correspondence between Us and the King of England out of regard of this good Friendship We do grant that two Ships lading of Figs Raisins or Currants may be yearly Exported for the use of his Majesty's Kitchin if there be not a dearth and scarcity of such Fruit in the Country which we allow to be bought with their Money that Export them at the Scale of Smyrna Salonica or any other Scale or Port of our Empire paying Three per cent Custom which being paid no person shall give to them that lade them any molestation or hindrance IX It being represented to Us that the English have been accustomed hitherto to pay no Custom nor Mezan for any Silk they bought in Smyrna that of Prussia and Constantinople excepted viz. for the Silk of Giorgia Persia or Armenia if really there is any such Use and Custom and the thing is not of prejudice to the Empire let there in Smyrna for the future be demanded neither Custom nor Mezan for the said Silk but to the English Merchants let all kindness be used and shown And the Ambassador having made instance to Us that the foregoing Articles might be put into the Capitulations his Request is granted and conformable to the former Imperial Sign and Capitulation let now in conformity of what was passed and of my Imperial Command be renewed and granted this present Imperial Capitulation which We command so long as Charles the Second King of England whose end may it terminate in happiness maintains good Friendship and Correspondence with Us according to what has been maintained with our Ancestors and to which We on our Part are not wanting with all tenderness entertaining this Friendship And we do Swear and Promise by Him that has Created the Heaven and the Earth and all the Creatures by the Creator the one God We do Promise that nothing shall be done contrary to this Imperial Capitulation and accordingly every one is to obey our Imperial Sign Given in the middle of the Moon Gemaziel Akir 1086. in the Imperial City of Adrianople being in the Month of September 1675. The Grand Signor writes above with his own Hand as follows Let every thing be observed in Conformity to Our IMPERIAL COMMAND and contrary to it let nothing be done A Treaty Marine between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and Mighty Prince Lewis XIV the Most Christian King Concluded at St. Germains in Laye the Twenty fourth day of February 1676 7. Artic. I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince the King of Great Britain aforesaid English to have freedom of Trade to all Places in Friendship or Neutrality with England with all Freedom and Safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countreys and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with his said Majesty So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Christian King or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Most Christian King and any Princes or People whatsoever in Peace Amity or Neutrality with the said King of Great Britain The like to the French Subjects And likewise that it shall and may be lawful for all and every the Subjects of the said Most Christian King with all Freedom and Safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with the aforesaid Most Christian King So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the King of Great Britain above mentioned or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between his said Majesty and any Princes or People whatsoever in Peace Amity or Neutrality with the said Most Christian King II. Nor shall this Freedom of Navigation and Commerce be Infringed by occasion or cause of any War To extend to all Commodities but Contraband in any kind of Merchandises but shall extend to all Commodities which shall be carried in time of Peace those only excepted which follow in the next Article and are comprehended under the name of Contraband III. Under this name of Contraband What Goods are Contraband or prohibited Merchandises shall be comprehended only Arms Pieces of Ordnance with all Implements belonging to them Fireballs Powder Match Bullets Pikes Swords Lances Spears Halberds Guns Mortar-Pieces Petards Granadoes Musquet-Rests Bandeliers Salt-petre Musquets Musquet-Shot Helmets Corslets Breastplates Coats
to the Form which shall be inserted at the end of this Treaty whereby not only the Ships Lading but the Place to which she belongs and as well the Master and Owners Name as the Name of the Ship may appear by which means the quality of the Ship and her Master or Owner will be sufficiently known as also the Commodities she carries whether they be Contraband or not to the which Passports and Sea-Letters intire faith and credit shall be given so much the rather for that as well on the part of the King of England as of the King of Spain some Counter-signs shall be given if it shall be found necessary whereby their authenticalness may the better appear and that they may not be in any wise falsified XV. If any prohibited Merchandise or Goods shall be Exported from the Kingdoms Prohibited Goods Exported to be Confiscated Dominions and Territories of either of the said Kings by the respective People or Subjects of the one or the other in such case the prohibited Goods shall be onely Confiscated and not the other Goods neither shall the Delinquent incur any other Punishment except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain the proper Coin Wooll In case Coin Wooll or Fullers-Earth be Exported the Laws of the Country to take place or Fullers-Earth of the said Kingdoms or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any Gold or Silver wrought or unwrought in either of which cases the Laws of the respective Countreys are to take place XVI That it shall be lawful for the People and Subjects of both Kings Ships to remain freely in each others Ports and depart again to have access to the respective Ports of the one and the other and there remain and depart again with the same freedom not onely with their Ships and other Vessels for Trade and Commerce but also with their other Ships fitted for War Armed and disposed to resist and engage the Enemy and arriving by stress of Weather to repair their Ships or furnish themselves with Provisions so that entring willingly they be not so numerous that they give just occasion of suspition to which end they are not to exceed the number of Eight nor continue in their Havens nor about their Ports longer time then they shall have just cause for the repair of their Ships to take in Provisions or other necessary things much less be the occasion of interrupting the free Commerce and coming in of other Ships of Nations in Amity with either King Concerning Men of War coming into Ports and when an unusual number of Men of War by accident shall come unto any Port it shall not be lawful for them to come into the said Ports or Havens not having first obtained permission of the King unto whom the said Ports do belong or the Governours of the said Ports if they be not forced thereinto by stress of Weather or other necessity to avoid the danger of the Sea and in such ease they shall presently acquaint the Governour or chief Magistrate of the Place with the cause of their coming nor shall they remain there any longer time then the said Governour or Magistrate shall think convenient or do any act of Hostility in such Ports that may prove of prejudice to the one or the other of the said Kings XVII That neither the said King of Great Britain nor the King of Spain by any Mandate general nor particular nor for any cause whatsoever shall Embarque or detain hinder or take for his respective Service No Merchants Pilots c. to be Pressed any Merchant Master of a Ship Pilot or Mariner their Ships Merchandise Clothes or other Goods belonging unto the one or the other in their Ports or Waters if it be not that either of the said Kings or the Persons to whom the Ships belong be first advertised thereof and do agree thereunto Provided that this shall not be construed to hinder or interrupt the ordinary course of Justice and Law in either Country XVIII That the Merchants and Subjects of the one and the other King their Factors and Servants Merchants Seamen c. to have liberty to carry Arms. as also their Ships Masters or Mariners may as well going as coming upon Sea and other Waters as in the Havens and Ports of the one and the other respectively carry and use all kind of Arms Defensive and Offensive without being obliged to Register them as also upon Land to carry and use them for their Defence according to the custom of the Place XIX That the Captains About Differences between Captains and Masters of Ships and their Men. Officers and Mariners of the Ships belonging to the People and Subjects of either Party may not commence an Action nor hinder or bring trouble upon their own Ships their Captains Officers or Mariners in the respective Kingdoms Dominions Lands Countries or Places of the other for their Wages or Salaries or under any other pretence Nor may they put themselves or be received by what pretext or colour soever into the Service or Protection of the King of England or King of Spain or their Arms but if any Controversie happen between Merchants and Masters of Ships or between Masters and Mariners the composing thereof shall be left to the Consul of the Nation but after such manner as he who shall not submit to the Arbitrement may appeal to the ordinary Justice of the Place where he is subject XX. And to the end that all Impediments be taken away Concerning Trading to Flanders and that the Merchants and Adventurers of the Kingdoms of Great Britain be permitted to return to Brabant Flanders and other the Provinces of the Low-Countries under the Jurisdiction of the King of Spain Forasmuch as it hath been thought convenient that all and any the Laws Edicts and Acts by which the Importation of Cloth or any Cloth or any other Woollen Manufacture of what kind soever Dyed or Undyed Mill'd or Unmill'd into Flanders or the other Provinces hath been prohibited be revoked and disanull'd and that if any Right Tribute Imposition Charge or Money hath been with permission or otherwise put upon Cloths or any of the aforesaid Woollen Manufactures so Imported except the ancient Tribute upon every piece of Cloth and proportionably upon every other Woollen Manufacture agreeable to the ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries the same should be altogether void and no such Tribute or Imposition from henceforth imposed or put upon the said Clothes or Manufactures for no cause or pretext whatsoever And that all the English Merchants Trading in any of the said Provinces their Factors Servants or Commissioners should enjoy from henceforward all the Priviledges Exemptions Immunities and Benefits which formerly have been agreed and given by the
under them or by the Merchants or Factors his Majesties Subjects be Landed and brought into the Houses of the said Merchants or Factors or into any Magazines or Warehouses out of their Houses in the said Ports and there conserved and kept by them as long as they please without Confiscation Imposition of Custom or Exaction of any Duty whatsoever To Reexport what they cannot sell Furthermore if all the said things or any part of them shall not be sold in the said Ports it is and shall be lawful for the said Captains Masters Merchants or Factors his Majesties Subjects freely to send all or any part of the said things by Sea to whatsoever other Place they please without paying any Custom Duty or any sort of Imposition whatsoever III. Thirdly That all and every sort and kind of things Goods sold and sent elsewhere by Sea to pay no Imposition and Merchandise which shall be sold in Nizza Villa Franca or S. Hospitio and after the Sale made shall be dispeeded or sent by Sea into the Territories of any other Prince both in respect of the Seller and Buyer shall always be free and clear from all Custom Duty or Imposition whatsoever But as to all those things and Merchandises which after the Sale made in the said Places But such as are carried by Land to be exempt for Ten years only shall pass by Land into the Territories of any other Prince it is also Covenanted and Agreed That during the space of Ten years to ensue from the day of the Publication of this present Agreement all such Goods shall be free and clear from all Custom Duty or Impost whatsoever for their Passage by Land and from any other Penalty whatsoever both in respect of the Buyer and Seller After which to pay one half of what is Imposed by the Tariffe of 1633. Which Ten years being expired if his Royal Highness will not further Confirm this freedom of Passage according to the aforesaid Form and Manner In such case for all and every the said things which after Sale made pass by Land as aforesaid shall be paid only one half of the Imposition or Duty which is exacted for Passage in the Rates or Tariffe Printed in the end of the Order published the 30th October 1633. IV. Fourthly Goods coming from any of the Kings Dominions to be freely sold in all the Dukes Territories All and every sort and kind of things or Merchandise which are produced by Nature or made by Art in any of his Majesties Kingdoms or in any Plantations of the West or East Indies or any other Territories which at present are or hereafter shall be under the Dominion of his Majesty may and shall be freely sold by the Subjects of his Majesty throughout all the Dominions of his Royal Highness and any part of his Territories or Places of Jurisdiction without any Prohibition or Penalty What Goods excepted notwithstanding whatsoever Law or Edict to the contrary Excepted always and only Salt Tobacco Gunpowder Match Birding-shot Bullets Whalebone Cards of all sorts because 't is the Custom to Farm out the Liberty of selling these mentioned things Which may yet be sold to the Farmers of the Liberty of selling those Goods as Monopolies to particular Persons Notwithstanding free leave is granted to his Majesties Subjects according to what is expressed in the second Article to receive and keep within their Houses or Warehouses all the aforesaid forbidden Commodities without any Custom Duty or Penalty Nay further free leave is granted to his Majesties Subjects to sell the said forbidden Commodities to the Monopolists or Farmers themselves But all sorts of Merchandise except the aforesaid Prohibited ones which shall be introduced and brought into the Ports of Villa Franca Nizza or S. Hospitio when they shall be extracted out of the said Ports to the end that they may be vented and sold within the Dominions of his Royal Highness he alone that extracts them All other extracted to be sold to pay half Custom of what is specified in the Tariffe whether he be the Buyer or the Seller shall pay only one half of that Custom or Duty which is specified in that Book of Rates or Tariffe a Printed Copy of which under-written by the Procurator of his Royal Highness was by him delivered to Sir John Finch which Duty or Custom once paid nothing more shall be paid within the Dominions of his Royal Highness either by the Buyer or the Seller for the said Goods or Merchandise with express Declaration All Woollen Manufactures or other Goods not specified in the Tariffe to pay One and a half per Cent. that for all Woollen Manufactures or whatsoever Commodities aforesaid which as it appears are not specified in the aforesaid Books of Rates or Tariffe shall be paid Duty or Custom one and a half per Centum that is half only of the Three per Centum imposed upon all Commodities which are not specified in the mentioned Book of Rates by the last Article or Lines of it which Duty or Custom being once paid nothing more shall be paid neither by the Buyer nor Seller within the Dominions of his Royal Highness V. Fifthly It is Covenanted and Agreed That all sorts of Ships and Vessels belonging to his Majesty of Great Britain c. or any of his Subjects which shall set Sail from England or any Place under the Dominions of his Majesty or out of his Majesties Dominions not being infected with the Plague and shall arrive at the Ports of Nizza Ships arriving with Bills of Health to be admitted to immediate Prattick Villa Franca or S. Hospitio with Certificates or Patents of Good health having in their Voyage had no Commerce with any Places or Persons suspected to be infected with the Plague are and ought to be free and clear from making Quarantena or any days whatsoever of purgation and there shall be immediately granted to the Persons in the said Ships present and free Commerce or Prattick and all things and Merchandise of whatsoever sort or kind brought by the said Ships shall immediately without any delay be permitted freely to be Landed and carried into the Houses or Warehouses of the Merchants his Majesties Subjects in Nizza Villa Franca But without such Certificates to be subject to the Quarantena or S. Hospitio But if the above-mentioned Ships shall arrive without a Certificate or Patent of Good health or if in their Voyage they shall have practised or had Commerce with any Persons or Places suspected of the Plague In such case both Persons and Goods shall be subject to Quarantena or Purgation but the days of Quarantena or Purgation shall be shortned both in respect of the Persons and Goods as much as the care of preserving the Publick Health can possibly permit The Lazaretto Duties not to be altered but by the Consul and Merchants consent but what Merchandize is subject to the
or other Duties nor in any other manner then the People of the United Provinces of the Low-Countries and other Strangers the Swede only excepted Trading thither and paying lesser Customs do or shall pay And in going returning and staying as also in Fishing and Trading and all other things shall enjoy the same Liberties Immunities and Priviledges which the People of any Foreign Country in the said Kingdoms and Dominions of the King of Denmark abiding and Trading do or shall enjoy And so on the other side Danes to pay no greater Custom in England then any other Strangers the People and Subjects of the King of Denmark shall have and enjoy the same Priviledges in the Countries and Territories of the King of Great Britain to wit That the People and Subjects of the King of Denmark Sailing to any the Kingdoms Countries or Dominions of the King of Great Britain or Trading in the same shall not pay any more or greater Customs Tributes Toll or other Duties nor in any other manner then the People of the Vnited Netherlands or other Strangers Trading thither and paying lesser Customs do or shall pay And in going returning and staying as also in Fishing and Trading and all other things shall enjoy the same Liberties Immunities and Priviledges which the People of any other Foreign Country in the said Kingdoms and Dominions of the King of Great Britain Abiding and Trading do or shall enjoy But so as that the Power of each King of Making or Altering Customs or other Duties as they shall see occasion in their respective Kingdoms Countries Dominions and Ports remain full and entire Provided the foresaid equality be strictly observed on both Sides in manner aforesaid IX It is also Covenanted Leave to bring all Goods into their proper Storehouses respectively That when the Subjects of either King have Imported their Commodities into the Dominions of the other have paid the usual Customs for them and undergone their Search it shall be free and lawful for them to bring their said Commodities into their own proper Storehouses and Cellars or into Places which they shall think most fit and convenient and there Store them Nor shall any Magistrate or Officer of any the Cities or Ports of either impose upon them any Cellars or Storehouses without their consent X. The Subjects of either Crown Trading upon the Seas Neither Party obliged to come into any Port where he is nor bound nor being forced in obliged to unlade or sell any part of his Goods and Sailing by the Coasts of either Kingdom shall not be obliged to come into any Port if their Course were not directed thither but shall have liberty to pursue their Voyage without hinderance or detention whithersoever they please Nor shall they being by Tempest forced into Port and there remaining be obliged to unlade their Cargo or to barter or sell any part thereof But it shall be lawful for them to dispose of it as they shall think fit and to do any other thing which they shall judge most for their advantage Provided nothing be done that may be to the defrauding of either Prince of his due Rights and Customs XI It is also Agreed That after any Planks Masts Concerning Timber prohibited to be Laden on Board any English Ship and other sorts of Timber have been once put on Board the Ships of the Subjects or People of the King of Great Britain they shall not be liable to any further Search But all Search or Scrutiny shall be made before And if then either Oaken or other prohibited Timber be found it shall be presently stopped and detained upon the Place before it be put on Board the Ships Nor shall the People of the said King of Great Britain or his Subjects be therefore molested in their Persons or Estates by Arrest or other Detention whatsoever But only the Subjects of the King of Denmark who shall have presumed to Sell or Alienate any the like prohibited Timber shall be punished in due manner And the People and Subjects of the King of Great Britain shall have possess and enjoy all and singular the Contents and Concessions of this Article without any Molestation or Interruption so long and for all such time as the Subjects or any of the People of the Vnited Netherlands shall hold possess and enjoy or might or ought to hold possess and enjoy the same or like Priviledges by any Treaty already made or to be made or by any Contract Agreement or Permission XII It is also Concluded and Agreed That all Ships belonging to the Subjects of the King of Great Britain English Ships passing the Sound to have the Benefit of deferring the Payment of their Custom till their return and Merchants in their Passage through the Sound under the Most Serene King of Denmark and Norway c. shall enjoy after the same manner the Benefit and Priviledge of deferring the Payment of their Customs until their return as they held and enjoyed in former years last preceding the late War But so nevertheless that the said Ships and Merchants bring with them Certificates under the Seal of the Officers of the said King of Great Britain deputed thereunto testifying the said Ships to belong to Subjects of the King of Great Britain And likewise that before their Passage they give sufficient and good Security for paying the same in Place convenient to the Collectors of the Customs of the said King of Denmark at their return or if they shall not return within Three Months time at the farthest if they do not pay the same at their said first Passage XIII And furthermore it is Agreed Goods Landed at Elsineure to be Transported elsewhere to pay no Duties but what the Dutch pay That whatsoever Merchandise the Subjects of the King of Great Britain shall Land at Elsignore and there lay in their Storehouses to no other end then to put on Board again entire and Transport them to other Parts they shall be obliged to pay only the same Duties for such Merchandise and no more then is wont to be paid in this case by the Dutch Nation or any other Strangers Which shall be reciprocally observed to the Subjects of the King of Denmark after the same manner in England XIV Also it is Agreed That the Ships and Subjects of the King of Great Britain shall have their Dispatch at Elsignore as soon as they arrive there English Ships and Subjects to be dispatched at Elsineure without delay no Ships of what Nation soever having preference before them in this behalf Except the Inhabitants of certain Places who have anciently held a Priviledge to that purpose and still do XV. If any Subject of either Prince shall happen to die in the Dominions or Territories of the other Either Princes Subject dying in the others Dominions his Estate to be preserved c. it shall be lawful for him to dispose of his Estate both Money and Goods in any
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
shall exceed the value of 4000 Aspers shall always be heard and decided at our Imperial Port. XXV The English Nations Consul No Consul to be imprisoned nor dismissed c. or Resident in any Port of our Dominions being established by the Ambassador Resident for the English Nation our Ministers shall have no power to Imprison or Examine or Seal up their Houses nor to dismiss or displace them from their Charge and Office but in case of any Difference or Suit with the Consul there shall be made a Certificate to the Imperial Port to the end that the Ambassador may protect and answer for them XXVI When any Englishman The Goods of Englishmen dying not to Escheat c. or other under their Banner shall die in our Dominions with their Goods or Faculties or any thing that belonged unto them our Escheators Caddees or other Ministers upon pretence they are Goods of the Dead without any Owner shall not meddle take or seise any part thereof but they shall always be consigned and remaining to such other English as the Deceased shall by his Testament assign and if he died Intestate then the English Conful shall take and receive his Faculties and Goods and if there be no Consul the English Resident there shall take the Possession and in case there be neither Consul nor English the said Goods and Faculties whatsoever shall be received into the custody of the Caddee of that Place and having advised the English Ambassador thereof the said Caddee shall resign all the said Goods unto such Persons as the Ambassador shall send with Commission to receive them XXVII All these Priviledges and other Liberties granted to the English Nation and those who come under their Protection by divers Imperial Commands whether before or after the Date of these Imperial Capitulations shall be always obeyed and observed and shall always be understood and interpreted in favour of the English Nation according to the Tenor and true Contents thereof XXVIII Neither the Officer called the Cassam or Gatherer of the Caddees Duties in case of Death nor the Caddee In cases of Death the Caddee not to meddle shall pretend or take of the said English Nation any kind of Tenths or Casmets or Fee of Division XXIX The Ambassador of the King of England No Janizary c. to be imposed on us without our consent or Consul Residing in our Dominion shall and may take into their Service any Janizary or Interpreter at their own charge and choice and no Janizary nor other our Slaves shall put themselves or intermeddle with their Service against their liking or consent XXX The Ambassador of his Majesty of England and Consul and the English Nation Residing in our Empire for the use of their own Persons and Families For making Wine making Must or Wine in their own Houses none of our Ministers Caddees or Janizaries shall molest or hinder them or demand any Duties or Money or do them any violence or impediment XXXI In the Port of Constantinople Aleppo Alexandria Customs paid in one Port are not to be demanded in another Scio Smyrna and in other Parts of our Dominions the English Merchants having paid the Custom of their Merchandise according to the Tenor of the Imperial Capitulations no man shall molest or trouble or take from them any thing more and whatsoever Merchandise shall be loaden upon their Ships and brought in our Dominions and Landed at any Scale they being desirous to lade it again and to Transport it to any other Scale or Port the same Goods arriving in the second Place and Scale and being there unladen neither the Customer nor Farmers nor any other our Officers shall pretend or take again any Customs or Gabels of the said Merchandise that the said Nation may always freely and securely Trade and follow their Business XXXII Neither of the English Nation No Hassapie Duties nor of any Trading under their Banner there shall not be demanded nor gathered one Asper nor any Money in the name of Imposition Hassapie or Compositions for Flesh for the Janizaries XXXIII There having been in Times past a Difference between the Ambassador of the Queen of England and the French Ambassador both Resident in our Port about the Merchants of the Dutch Nation both which Ambassadors sent their Petitions to our Imperial Stirrup and made Request That the said Dutch Merchants coming into our Dominions should pass under their Banner which Request of both Ambassadors was granted under our Imperial Seal notwitstanding Sinan Bassa the Son of Cigala Captain of the Sea now deceased as Admiral and practised in Maritime Cases having advised the Imperial Majesty that it was fit and convenient that the Dutch Nation should be assigned to the Protection of the Ambassador of England and that it should be so written in their Capitulations which Opinion being by all the Viziers approved by Express Order and Imperial Authority it was Commanded That the Dutch Merchants of the Provinces of Holland Zealand Friezland and Guelderland that is All Strangers to come under the English Protection the Merchants of those four Provinces Trading in our Dominions shall always come under the Banner of the Queen of England as all other English do and that of all the Goods and Merchandise which they shall or do Import or Export to and from our Dominions in their Vessels they shall pay the Duties of Consulage and all other Duties to the Ambassador or Consul of the Queen of England and that never hereafter the French Ambassador or Consul shall insinuate nor intermeddle herein And accordingly it was Commanded that for the time to come it should be ruled and observed according to this present Capitulation After which there being arrived another Ambassador at this High Port sent from the King of England with Letters and Presents which were most acceptable the said Ambassador did make Request that certain other necessary Articles should be added and written in the Imperial Capitulations of which the first was As in Times past in the Days of one of our Forefathers of famous memory Sultan Soliman Han there was granted a certain Capitulation and Priviledge That the Merchants of the Spanish Nation Portugal Ancona Sevilla Florence Catalonia and all sorts of Dutchmen and other Merchant-Strangers might safely and securely go and come through all the Places of our Dominions and Trade and Traffick granting unto them moreover that in any part of our Empire they might establish their Consuls But it being that every Nation apart was not able to defray the Charges and Maintenance of a Consul it was then left to their will and choice to come under the Banner of such Ambassador or Consul as should best like them provided that it were an Ambassador or Consul of a King in Peace and Amity with our High Port upon which Grant and other Priviledges given them there were often granted divers Imperial Commands and Constitutions being so desired by Merchant-Strangers
divers Mahometan Merchants Sciots and other Merchants in Peace and Amity with this Imperial Port and other Merchant-Strangers do deny and refuse to pay the Right of Consulage wherefore it is Commanded That all the Merchandise which shall be Laden upon their Ships and have paid Custom be they Goods of whomsoever according to ancient Imperial Capitulations they shall pay the Right of Consulage to the Ambassador or Consul of England without any contradiction XLIII That English Merchants which Trade at Aleppo Silk to pay the Custom as Venetians and French and those under their Banner of all the Silk which they shall buy and Lade upon their Ships shall pay the Custom and other Duties as the French and Venetian Merchants do pay and not one Asper or Farthing more XLIV As the Ambassadors of the King of England which shall be Resident in this Imperial Court are the Representatives and Commissioners of the Person of his Majesty so the Interpreters are to be esteemed the Commissioners of the Ambassador therefore for such matter as the Interpreters shall Translate or Speak in the Name Interpreters to have Licence to speak the sence of the Ambassador or Consul or by the Order of the Ambassador it being found that that which they have Translated be according to the Will and Order of the Ambassador or Consul they shall be always free from any Imputation or Punishment And in case they shall commit any Offence our Ministers shall not put any of the said Interpreters in Prison nor beat them without knowledge of the Ambassador or Consul Druggermen dying c. In case any of the English Interpreters shall die if he be an Englishman all his Goods or Faculites shall be possessed by the Ambassador or Consul of England but if he shall be a Subject of our Dominion they shall be consigned to his next Heir and having no Heir they shall be taken into our Exchequer And as in this Particular so also in all other the above-mentioned Articles and Priviledges granted by our Forefathers of happy memory it is expresly Commanded and Ordained That all our Slaves shall ever obey and observe this Imperial Capitulation and that the Peace and Amity shall be respected and maintained without any violation whatsoever XLV Since which time of our Forefathers of famous memory No Command valid against the Capitulations and the grant of these above-mentioned Capitulations Articles and Establishment of Peace and Amity the said King of England having in the time of our Grandfather of happy memory Sultan Mahomet Han sent one his well desired Ambassador a Person of Quality to this high Port to Confirm this Peace Articles and Capitulations which Ambassador did declare That oftentimes there were to divers Persons Imperial Commands granted surreptitiously procured contrary to the Tenor and Articles of the Imperial Capitulations which being without our knowledge presented to our Judges and Governors and the Dates of such Commands being more fresh than those of our Imperial Capitulations the Judges and Ministers do put in Execution the private Commands prejudicial and contrary to these Imperial To the end therefore that for the time to come such Commands shall not be accepted of any but that the Imperial Capitulations might be always observed and maintained according to the sincere meaning the said Ambassador demonstrating the sincerity of his Majesty and his Request herein to our Imperial knowledge which was most acceptable In conformity thereunto it was expresly ordered That all such Commands which already have been or shall hereafter be granted which are or shall be repugnant to the Tenor of this Imperial Capitulation whatsoever such Commands shall be when Presented before our Caddees or other Ministers should never be excepted or put into Execution but that always the Tenor of the Imperial Capitulations shall be observed Such Commands to be taken away And whosoever shall Present such Command contrary to the Capitulations they shall be taken from him and in no wise be of any force or validity In which time also on the Part of our said Grandfather all the above-written Priviledges Articles and Capitulations were Accepted and Ratified and the Peace Amity and good Correspondence anciently Contracted was anew of him Confirmed and Established XLVI In the time of the Inauguration of Sultan Osman Han in the Imperial and high Throne the King of England did again send a famous and Noble Gentleman his Ambassador with Letters and Presents which were most acceptable And the said Ambassador desiring in the Name of his King and Lord that the ancient Capitulation Articles and Contracts granted in the days of our Forefathers should be of him renewed and confirmed and the ancient Peace and Amity anew fortified and established which his Request was to the said Sultan Osman most acceptable And the ancient Capitulations Articles Priviledges herein written and confirmed and the long since contracted Peace and Amity by him promised and accepted XLVII After whom in like manner in the days of Sultan Osman Han the King of England having again sent unto this high Port his Ambassador the Excellent and Honourable Sir Thomas Roe Knight with his Letters and Presents which were most acceptable and proffering in the Name of the King his Lord all good Terms of Friendship and good Correspondence And desiring that the ancient Capitulations and all the Articles from his Ancestors and from himself formerly granted to the English Nation might be anew confirmed and the Peace and League long since between both Parties contracted and ratified and that some other Articles very necessary might be added to the Imperial Capitulations and divers others already granted might be renewed amended and in a better Form explained which his Request and Demand was very acceptable unto him and in conformity thereunto the ancient Imperial Capitulations and all the Articles and other Priviledges in them often confirmed and the Peace Amity and good Correspondence contracted in the times of his Ancestors Grandfather and Father and himself confirmed were again by Sultan Osman then ratified established promised and accepted whereupon by him there was express Command given that for the time to come the Tenor of his renewed Capitulations should be of every one observed and that all men should be careful and respectful to the said Peace and Friendship established and contracted on both Parts and that no man should presume to violate or to do any Act contrary thereunto which Ambassador did often declare that the Caddees and other of our Ministers in many Places and Provinces contrary to the Imperial Capitulations and Will of the Imperial Majesty have imposed and laid divers Taxes Burdens and Moneys upon the said English Nation and those under their Banner for which cause as it is above declared it being found necessary to make additions of some new Articles in the said Imperial Capitulation of which the said Ambassador made declaration in Writing and presented the same to the Imperial Presence The said Sultan Osman
Han with his Imperial Hand and Seal did presently give express order and command That in the time to come all those Articles and Priviledges which were already in the Imperial Capitulations and those Articles which now are therein by our order newly added shall be of all our Subjects and Slaves duly obeyed and observed according to the sincere meaning of this our Imperial Capitulations XLVIII In as much as it is publickly known That certain Pyrates of Tunis and Algier contrary to our Imperial Capitulations Mind and Will do take and rob in the Seas the Ships Merchandise and Men Subjects to his Majesty of England and of other Kings and States in League with this our Imperial Port to the great Damage and Injury of the said English Nation We do Command Against the Pyrates of Barbary and by these Presents we do Ordain That several Imperial Commands be given for the entire restitution of all Goods and Merchandise to the English Nation so taken away And that all such English as have been taken and made Slaves or imprisoned by the said Pyrates shall be immediately set free And after the Date of this our Imperial Capitulations if it shall be known that the said Pyrates of Tunis and Algier shall rob them again and shall use and continue their outrages and will not restore their Goods and Men We do Command that the said Pyrates be not received into any Port of our Dominions especially into the Scales of Tunis Algier Modon or Coron Our Beglerbegs and other Ministers shall not suffer them to enter nor harbour nor receive them but the Beglerbegs Caddees or other Ministers shall persecute banish and punish them XLIX Being informed that in our Dominions many of our Customers and other Officers in Aleppo contrary to the Imperial Capitulations under colour of taking Custom and Rest upon Silk of the English Merchants have violently taken from the said Merchants a great Sum of Money And whereas in the Imperial Capitulations it is written No Rest to be taken that for Silk which the English shall buy in Aleppo they shall pay as the French and Venetian Merchants do and no more Notwithstanding the said Customers besides the Two and half per cent for Custom and Rest have taken from that Nation a great Sum of Money lately under Name of Rest wherefore we Command that this Business shall be examined and that the said Money be restored back and for the time to come the ancient Custom may be kept and that this Nation shall only pay as the French and Venetian do and that never be taken one Asper by Name of such Imposition L. Whereas the English Merchants Resident in Galata ordinarily buy divers Goods and Merchandise before they can Lade or send them away upon their Ships and do pay unto the Customers the Custom of the said Goods receiving a Bill or Acquittance to have paid the same and after carry the same Merchandise to their own Warehouses In the mean time before they can Load and send away the said Goods it happens that either the Customer dies or is removed from his Charge and the new Customers will not accept of the said Acquittances but pretend another Custom troubling and molesting of them many ways The Discharge of one Customer a sufficient Acquittance against him that succeeds Wherefore We do Command That of all the Merchandise which they shall buy it appearing really that he hath paid once his Custom the Customer shall accept of the said Acquittances and shall not demand of the Merchant a second Custom LI. It being usual to buy in Angora Chamblets Mohairs Silks and other sorts of Merchandise which they Transport to Constantinople and other Places of our Dominions and pay their Customs taking Acquittances for the same and so put the Goods into their own Warehouses And after being desirous to Ship them away the Customers do demand again the Custom Therefore for the time to come No Custom to be paid twice when the said Merchants shall desire to Lade such Goods and it be true that they have already paid their Custom of such Merchandise they shall not demand any second or new Customs Provided that the said Merchants do not mingle their Goods which have not paid Custom with those which have already paid Custom LII The English Merchants of all the Merchandise which they shall bring into our Dominions and of the Merchandise which they carry out of our Dominions as Silk Chamblets and other Goods having paid the Custom and not sold the Goods unto another And being afterwards to Ship it away for Scio Smyrna or any other Scale and the said Goods there arriving the Customers and Officers shall always accept of their Acquittances which they have in their hands and shall not take other Custom of their Merchandise LIII The English Merchants of all the Commodities which they shall bring to Constantinople or to any other Port of our Dominions and of all such as they shall Transport Mestaria to be paid at Galata the Mestaragi of Galata and Constantinople shall take their Mestaria or Brokidge according to the ancient Canon and Usance that is of such Merchandise as of old Custom was wont to pay it of such they shall onely take Mestaria but of such Merchandise as was not anciently accustomed to pay it shall not be taken Mestaria contrary to the ancient Canon No Duties to be raised above the accustomed Usance Farther upon the English Merchandise there shall not be made or laid any Impositions or other Duties nor from the said Nation shall not be taken one Asper more which shall be contrary to the ancient Canon and accustomed Usance LIV. The English Nation shall and may freely come into all the Ports of our Dominions to Negotiate and bring in Cloth Kersie Spice Tin Lead and all other Merchandise and no man shall do them any hindrance or molestation In like manner except only Goods prohibited they shall and may buy and Export all sort of Merchandise without the prohibition or molestation of any man and the Customers and other Officers the said Nation having paid their Custom according to this Imperial Capitulation and the ancient Use shall not demand of them any thing more In the time of the happy memory of my Uncle Sultan Murat Han the King of England sent his Ambassador Sir Sackville Crow Baronet with his Present and Letter which was received in good part and the time of his Embassie being expired Sir Thomas Bendish arrived to Reside at the Port with his Present and courteous Letter the which was in like manner well accepted And the said Ambassador having tendered the Imperial Capitulations formerly granted that according to the ancient Canon they might be renewed It is hereby again commanded that all the Points and particular Articles therein be observed and maintained LV. And because contrary to the sence and tenor of them No Goods to be forced violently out of the Ships the
Rule of Justice and Equity by Judges beyond all Suspicion and not any ways concerned in the Cause under Debate And his Majesty of Great Britain and the most Christian King will likewise give strict Orders that all Sentences already given and which shall be hereafter given be according to the Tenor thereof duly put in Execution and obtain their Effect XII And whensoever the Ambassadors or other Publick Ministers of the King of Great Britain Residing in the Court of the most Christian King shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea In case of Complaint against Sentences upon Prizes the French King to cause the said Sentences to be Revised in his Privy Council and belonging to the Subjects of the King of Great Britain then the said most Christian King on Demand of the said Ambassadors or Ministers of the King of Great Britain shall cause the said Sentences to be Reviewed and Examined in his Privy Council and shall Confirm or Revoke the Sentences wheresoever given And likewise the said most Christian King shall take care that Right be done to the Party complaining within the space of Four Months to be accounted from the Day of making such Demand In like manner if the Ambassadors And the King of England to appoint Commissioners to the same purpose or other Publick Ministers of the most Christian King Residing in the Court of the King of Great Britain shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea belonging to Subjects of the said most Christian King the said King of Great Britain shall forthwith Commissionate under his Great Seal Nine of his Privy Council to Adjudge such Matters and to Confirm or Revoke the Sentences wheresoever given and the said Commissioners shall meet within the space of One Month from the Day of deliveirng the Complaint And likewise the King of Great Britain shall take care that Right be done the Party complaining within the space of Three Months to be computed from the first Day of the meeting of the said Commissioners XIII A Suit being Commenced between the Takers of Prizes on the one Part Sentence against a Privateer to be put in Execution notwithstanding his Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchant Ships and likewise the Mariners and Passengers do sometimes suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an Inhumane manner tormenting them thereby to extort from them such Confessions as they would have to be made No Master or Seamen to be Tortured it is Agreed That both his Majesty of Great Britain and the most Christian King shall by the severest Proclamations or Edicts forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a terror to others and shall command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively Upon proof of Torture the Ship to be forthwith Discharged and every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceeding against her as well Judicial as otherwise XV. It is also Agreed Those that take Commissions from the Enemies of either Party against the other to be punished That the like severity of Punishments shall be inflicted upon those who shall take Commission from Enemies to Seize the Ships of either Ally or Party XVI Lastly It is Agreed and Concluded This Treaty to be Ratified in Two Months That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two Months from the Date hereof rightly and reciprocally Exchanged between both Parties Dated at St. Germains in Laye the Twenty fourth day of February in the Year of our Lord 1677. The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within the Dominions of the King of Great Britain to Ships and Vessels according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ the _____ day of _____ in the Year of our Lord _____ And the like Form of Passport mutatis mutandis shall be used by the
Friendship The English at all times to have liberty to go away with their Estates but likewise if any Breach or War happen to be hereafter between the said King of Great Britain and the Kingdom of Algiers the said English Consul and all other his said Majesties Subjects Inhabiting in the Kingdom of Algiers shall always and at all times both of Peace and War have full and absolute liberty to depart and go to their own or any other Country upon any Ship or Vessel of what Nation soever they shall think fit and to carry with them all their Estates Goods Families and Servants without any interruption or hindrance XIX That no Subject of his said Majesty English Passenger on Board a Ship in Enmity with Algiers not to be molested and so neither an Algerine on Board a Ship in Enmity with England being a Passenger and coming or going with his Baggage from or to any Port shall be any way molested or meddled with although he be on Board any Ship or Vessel in Enmity with Algiers And in like manner no Algerine Passenger being on Board any Ship or Vessel in Enmity with the said King of Great Britain shall be any way molested whether in his Person or in his Goods which he may have Laden on Board the said Ship or Vessel XX. That at all times when any Ship of War of the King of Great Britains English Admiral to be Saluted first carrying his said Majesties Flag at the Main-Top-Mast-Head shall appear before Algiers and come to an Anchor in the Road That immediately after notice thereof given by his said Majesties Consul or Officer from the Ship unto the Dey and Government of Algiers they shall in Honour to his Majesty cause a Salute of One and twenty Cannon to be Shot off from the Castles and Forts of the City and that the said Ship shall return an Answer by Shooting off the same number of Cannon XXI That presently after the Signing and Sealing of these Articles by the Bashaw All Injuries to be forgotten and Satisfaction to be made for Damages committed afterwards Dey Aga and Gover nors of Algiers 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 And for all Depredations and Damages that shall be afterwards committed or done by either Side before notice can be given of this Peace full Satisfaction shall immediately be made and whatsoever remains in kind shall be instantly restored XXII That in case it shall happen hereafter that any thing is done or committed contrary to this Treaty This Peace not to be broken in case of any Contravenâ—â—on but Satisfaction to be first demanded whether by the Subjects of the one or the other Party the Treaty notwithstanding shall subsist in full force and such Contraventions shall not occasion the Breach of this Peace Friendship and good Correspondence but the Party injured shall amicably demand immediate Satisfaction for the said Contraventions before it be lawful to break the Peace and if the Fault was committed by any private Subjects of either Party they alone shall be punished as Breakers of the Peace and Disturbers of the Publick Quiet And Our Faith shall be Our Faith and Our Word Our Word Confirmed and Sealed in the Presence of Almighty God the Tenth day of April in the Year of our Lord Jesus Christ One thousand six hundred and eighty two And in the Year of the Hegira One thousand ninety three and the Eleventh day of the Moon Abril L. S. L. S. L. S. WHereas on the Tenth day of April 1682. there was a Treaty of Peace Concluded 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 Argiers to which Treaty there was annexed a Form of Passes for the Ships belonging to the Subjects of the said King of Great Britain It is hereby Agreed and expresly Declared That the said Form annexed to the said Treaty being no part thereof the Lords High Admirals or Commissioners of the Admiralty of his said Majesties Dominions are at full liberty in giving the said Passes to use the Form of Words hereunto annexed which shall be good and sufficient to all intents and purposes Confirmed and Sealed in the Presence of Almighty God the Fifth day of March in the Year of our Lord Jesus Christ One thousand six hundred eighty and two being in the Year of the Hegira One thousand ninety four and the Seventeenth day of the Moon Moolout L. S. L. S. L. S. Form of the Pass Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises without any Let Hindrance Seizure or Molestation the said Ship appearing unto Me or Us by good Testimony to belong to the Subjects of Our Sovereign Lord the King and to no Foreigners Given under My Hand or Our Hands and the Seal of My or Our Office of Admiral at _____ the _____ day of _____ in the Year of our Lord One thousand six hundred eighty _____ To all Persons whom these may concern By Command of _____ Note THat the late Commission of the Admiralty of England having been determined and the Administration of the Affairs thereof and particularly that of Signing Passes taken into his Majesties own Royal Hand the Form of the forementioned Pass has received the following Alterations Viz. JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Persons whom These may concern Greeting Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises Locus Sigilli without any Let Hindrance Seizure or Molestation The said Ship appearing unto Us by good Testimony to belong to Our Subjects and to no Foreigner Given under Our Sign Manual and the Seal of Our Admiralty at Our Court at _____ _____ this _____ day of _____ In the Year of our Lord One thousand six hundred Eighty JAMES R. By His Majesties Command S. Pepys FINIS
entred into the War with the States General to which War this Treaty doth put an end On the other side the said King of Great Britain shall after the manner aforesaid restore unto the above-mentioned Most Christian King all Islands Countreys Forts and Colonies any where situate which might be gotten by the King of Great Britains Arms before or after the Subscription of the present Agreement and which the Most Christian King possessed before the First of January 1665. XIII But if any of those Servants and Slaves that Served the English in that part of the Isle of St. Slaves and Servants may return to their Masters if not sold Christophers which belonged to the foresaid King of Great Britain as also in the Islands called Antigoa and Monsarat when they were taken by the Arms of the foresaid Most Christian King shall desire to return again unto the Subjection of the English yet without all force or constraint it shall be free and lawful for them so to do within the space of six Months to be reckoned from the Day on which the same Islands shall be restored But if the English before they went off of the said Islands sold some Servants and the Money was paid for them those Servants are not to be restored upon other Terms but that the Price be restored and repaid XIV In like manner Souldiers Labourers c. the same if some of the foresaid King of Great Britain's Subjects who were not reckoned amongst Servants and Slaves shall hire themselves in the quality of a Souldier a Labourer or under whatsoever other Title to the foresaid Most Christian King or any one of his Subjects that dwelleth in the foresaid Islands Covenanting for Wages by the Year the Month or the Day After the Restitution of the Island or Islands such hiring of ones self or Obligation is to cease Wages being received after the Rate of Labour already performed and it shall be free for them to return unto their Countrymen and live under the Dominion of the King of Great Britain XV. Whatsoever is resolved concerning the foresaid Islands Articles of Restitution to extend to all Places it is to be understood that it is in like manner resolved concerning all other Islands Forts Countries and Colonies and the Subjects and Servants living therein whom and which the above-mentioned Most Christian King shall have gotten by his Arms or shall get before or after the Subscription of this Treaty if so be the said King of Great Britain possessed them before he entred into the War with the States General which War is ended by this Treaty On the other side the same is also understood to be resolved in relation to those Islands Countries Forts and Colonies and Subjects and Servants living there who or which belonged unto the above-mentioned Most Christian King before the First of January 1665. and whom or which the above-mentioned King of Great Britain shall have gotten or shall get by his Arms before or after the Subscription of this Treaty XVI That all Letters as well of Reprizal Letters of Marque revoked as of Marque and Countermarque which hitherto have been granted on either Side for any Cause shall be and be held null and void Nor shall any the like Letters be hereafter granted by either of the said Kings against the Subjects of either unless it be first made manifest that Right hath been denied and unless he who desires Letters of Reprizal to be granted unto him do first draw and present his Petition to the Minister residing in the Name of that Kingdom against whose Subjects those Letters are desired that he within the space of four Months or sooner may enquire into the contrary or procure that Satisfaction be with all speed made from the Party offending to the Complainant Not to be granted but four Months after the denial of Justice But if that Kingdom against whose Subjects Reprizals are demanded have no Minister residing there Letters of Reprizal are not to be granted till after the space of four Months to be reckoned from the Day whereupon his Petition was made and presented to the King against whose Subjects Reprizals are desired or to his Privy Council XVII Then to cut off all matter of Quarrel and Contentions which might arise in regard of the Restitution of Ships Merchandise and other Moveables which either Party may complain to be taken and detained from the other in Countries and Coasts far distant after the Peace is concluded and before it be notified This Peace when to take effect All Ships Merchandise and other Moveables which shall or may be gotten by either Side after the Subscription and Publication of the present Agreement within the space of Twelve Days in the Neighbouring Seas within the space of Six Weeks from the said Neighbouring Seas unto the Cape of St. Vincent then within the space of Ten Weeks beyond the said Cape on this side of the Aequinoctial Line or Aequator as well in the Ocean and Mediterranean Sea as elsewhere Lastly within the space of Six Months beyond the Bounds of the foresaid Line through the whole World shall be and remain unto the Possessors without any exception or further distinction of Time or Place or any consideration to be had of Restitution or Compensation XVIII But if which God of his mercy forbid the Differences now Composed between the said Kings should at any time fester In case of a future War Six Months to be allowed the Merchants to Transport their Goods and break out again into open War the Ships Merchandise or any kind of Moveables of either Party which shall be found to be and remain in the Ports and under the Command of the adverse Party on either Side shall not be Confiscated or made obnoxious to any Inconvenience but the space of Six Months shall entirely be allowed to the Subjects of either of the said Kings that they may carry away and Transport the foresaid things and any thing else that is theirs whither they shall think fit without any molestation XIX Under this present Treaty of Peace shall be comprehended those who shall be named by either Party with common consent before the Exchange of Ratifications or within Six Months after Who shall be comprehended in this Treaty But in the mean time both Parties are well pleased that the King of Sweden as Mediator be comprehended and he is comprehended XX. Lastly Ratifications Exchanged The Solemn Ratifications of this present Agreement and Alliance made in due Form shall be delivered on both Sides and mutually and duely Exchanged at Breda within the space of Three Weeks to be reckoned from the Day of the Subscription Done at Breda the 21 31 day of July 1667. Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and