case of Death to dispose of their Estates by Will or otherwise and that their Executors and Administrators may receive the Estate and Effects of the deceased Party whether they died Testate or Intestate notwithstanding the Droit n' Aubeine or any other Law Usage or Custom to the contrary XVI That in case of War six Months Liberty be reserved to the English to withdraw their Estates as in the 26th Article of the Treaty in 1655. XVII That if it be thought convenient for the better preserving the Trade and Rights of the Subjects on each side there may be annually chosen in the chief Ports and Cities of either Kingdom or in so many as shall be thought fit two of the ablest English Merchants and two French Merchants who may be impowered not only publickly to appear on behalf of either Nation for the securing to each Party the Benefit and Privileges granted by this Treaty but also to determine and adjust such Complaints and Difficulties as may arise thereupon as was propounded in part of the 7th 8th 9th 10th 11th and part of the 12th Articles of the Treaty in Anno 1606. XVIII That this Treaty may be registred proclaimed and published in all the Courts Parliaments and Judicatures of the Territories of France where it may as occasion shall require be effectually pleaded To the Right Honourable the LORDS COMMISSIONERS appointed for the Treaty of Commerce with France May it please your Lordships HAVING in Obedience to your Lordships Commands presented your Lordships with our humble Desires in reference to the settling a Treaty of Commerce with France we humbly crave Leave in all Humility to represent to your Lordships some Explanations of the same with the Reasons enforcing them and Answers to such Objections as may be made thereunto by the Ministers of France We taking it for granted as we have formerly been given to understand that a mutual Reciprocation and Equality was intended to both Nations have accordingly calculated and framed our Proposals And doubt not but if the English be set on equal Terms they will be able to carry on and continue the Trade to the Honour and Benefit of his Majesty and the Kingdom whereas otherwise nothing can be expected but the Loss and Ruin to the Trade of the English Proposal I. The first Proposal for confirming of former Treaties is what is usual and hath in most Treaties been incerted Proposal II. The second Proposal for Freedom of Trade comprehends 1. A Liberty to inhabit as House-keepers or Warehouse-keepers in any of the Cities of France with the same Liberty Freedom and Privilege as the Subjects of France do in England 2. A Liberty to import any Merchandize into France as fully and freely as the Subjects of France may 3. A Liberty in express Terms of importing into France and vending there all Woollen and Silk Manufactures of what Nature or kind soever they be as to the Make Size Length or other Circumstances whatsoever without any Hindrance Obstruction or Molestation on Pretence of any Visitation or Examination touching the same 4. A Liberty for the English residing in France to sell either for their own Accounts or by Commission as Factors for others All which we humbly conceive of absolute Necessity 1. As to the First A Liberty to inhabit and reside as House-keepers or Warehouse-keepers It is essential to the Freedom of Trade and no more is desired for the English in France than the French enjoy in England which therefore we humbly conceive most just and reasonable and not to be denied yet the English have been and are denied this Liberty in Paris where there are but 36 Foreigners of all Nations permitted amongst which at present but one English Merchant that we know of who was not there admitted as English on Terms of Reciprocation and Freedom of Commerce but was forced to be naturalized and hath purchased his Privilege there at great Charge on strict Conditions so that now he may rather be said to be a Subject of France than of his Majesty of England To that which may be Objected by the French Ministers That it is a Privilege granted to the Citizens of Paris and that the particular Rights and Privileges of Cities are to be preserved and maintained We pray your Lordships to consider That tho' it may be true that the particular Rites of Cities ought in National Treaties to be reserved yet it must be understood as we humbly conceive of such Rites as consist with a mutual Commerce else it is impossible that there should be a Reciprocation and Equality Can any Kingdom or City rationally expect a free Trade in another Kingdom or City that is of equal Dignity and Power with and not in Vassalage and Subjection to them when they will not admit it in their own By the same Reason the English are excluded Commerce in Paris the French may be excluded in London and whether it be not dishonourable for his Majesty to grant the French such a Freedom here while his Subjects are excluded there we humbly leave to your Lordships Consideration 2. As to the second A Liberty to import and bring in any Merchandize c. We do limit and restrain the same by this Clause as fully and freely as the Subjects of France may that so the Liberty to the French of importing into England may be equally restrain'd by a like Clause as fully and freely as the English may intending thereby to preserve the Act of Navigation whereby the English are debarr'd from importing Goods from some Places unless in English built Shipping and from others in English Ships or Ships of such Country whereof the Goods are the Product or Manufacture otherwise if the Words were left in general to import any Merchandize the French might thereby claim a Liberty of importing Goods into England contrary to that Act and thereby the said Act so beneficial to this Kingdom would be render'd of little Use or Benefit and the French would be made more free and have greater Privilege in England than his Majesty 's own Subjects 3. As to the third A particular Specification of Liberty for the English to import and vend all sorts of Woollen and Silk Manufactures without Visitation c. We humbly conceive that the Vent of our Manufactures in France being the chief if not the only thing by which the English Nation can reap any considerable Benefit from the Trade of France ought specially and particularly to be provided for that they may be freely admitted without Restriction or Visitation on Pretence whereof in Virtue of some old Laws in France for Regulation of Drapery the Officers in France have oftentimes caused the English Drapery to be thrown into the Water whereby they have been render'd unfit for Sale and the like Practice if not well provided against may at any time be made Use of and would be as effectual to destroy our Trade as a Prohibition That which we apprehend may be objected by the French
Ministers is 1. That the Laws for Visitation of Cloth in France are antient Laws were taken Notice of and allow'd in the Treaty of 1606. with some Provision touching the same as the making the Conservators of Trade Judges of what was faulty and what not and giving Liberty to carry the faulty back without Confiscation and that the like Provision may be made in this present Treaty 2. That this is no more than the King of France his own Subjects that are Makers of Drapery are subjected to and therefore ought not to be excepted against by the English For Answer to which granting it to be true in Fact as is alledged we say 1. That antient Laws for the Regulation of the making of Drapery are not now of Use in reference to the Ends design'd at their first Constitution for that the Manufactures are changed and altered according to the Modes and Fancies of the Times 2. It is apparent by the Treaty of 1606. that the putting those Laws in Execution against the English was a Grievance then complain'd of and the Provision then made hath not been sufficient but the English have since that Time exceedingly suffer'd in their Trade which is the Reason we desire that by this Treaty a full and perfect Exemption of the English Drapery from those Laws may be settled 3. That Laws in this kind are properly made in every respective Country for the promoting their own Manufactures and not to oblige the Makers in other Countries The King of France may make what Laws he pleaseth for Regulation of his own Manufactures whereby to render them in Esteem and Repute but we humbly conceive ought not to impose the same on the English but that they may make such Manufactures and in such manner as they judge fit The Buyers are to look what they buy If the English do not make so good and serviceable Commodities they will lose the Vent and the French will have the Advantage thereby And we pray your Lordships to consider that these Laws are not so much if at all made Use of for Regulation of French Manufactures in their Goodness and Repute as they are for the Ruin and Destruction of the English Trade in Drapery 4. As to the Fourth A Liberty for the English residing in France to buy and sell either for their own Accounts or by Commission as Factors for others This we desire because at Bourdeaux and other Places the English have been at some Times expresly prohibited and are not at any Time permitted de jure but by Connivance to sell any Goods for others by way of Commission and great Penalties are enjoin'd upon the same We pray your Lordships to consider how impossible it is that the English should breed up any Young-Men in France as Merchants when they are not permitted there as Factors Young-Men not having Stocks to give them Employ and answer Expences cannot and Men of Years Estates and Families will not leave their own Country to reside in France so that if this be not provided for there will no English reside in France to Trade whenas England shall be filled with French Factors to learn here the Trade of Merchants who having raised Estates here return to their own Country with their Wealth and send other Young-Men to settle in their Rooms Besides the English must either have very little Trade to France or else must hazard their Estates by putting them into the Hands of the French which may be attended with many Inconveniencies Proposal III. The Third Proposal touching Customs contains three Particulars 1. The Reduction of the Customs in France on English Manufactures of Wooll and Silk to an Equality 2. An Assurance that they shall not be charged hereafter with new Impositions or Excise nor any Defence made of their Consumption 3. The Rendring the English free from Strangers Customs in France 1. As to the first the Reduction of Customs We pray your Lordships to consider the Necessity of Establishing the Customs on an equal Foot otherwise it is impossible for the English to have any considerable Vent of their Manufactures in France The Consequence whereof as your Lordships will perceive by the Scheme herewith presented will be by the continuing the French Trade a daily wasting of the Stock of this Nation in that our Imports will so vastly exceed our Exports Object 1. That his Majesty hath laid great Impositions on French Wines and Brandy which as they may suppose or pretend may be prejudicial to the Subjects of France both in Quantity and Price To which we answer Answ 1. That in Fact it is far otherwise for that since his Majesty's imposing those Duties the Quantities of Wine and Brandy imported into England from France have been far greater and purchased at much higher Prices than before From Mich. 1663 to Mich. 1664. there was imported into the Port of London 6828 Tuns of French Wine and the Quantity of Brandy was then so small that it deserves not to be noted From Mich. 1667 to Mich. 1669 being after the raising the Duties on those Commodities there was imported into the Port of London in the said two Years about 17000 Tuns of Wine And of Brandy about 3000 Tuns From Mich. 1672 to Mich. 1674. being two Years was imported into the Port of London upwards of 22500 Tuns of Wine From Mich. 1671 to Mich. 1673 was imported to London above 7315 Tuns of Brandy and every Tun of Brandy consumes about 5 Tuns of Wine which makes the Quantity of 25000 Tuns of Wine And all sorts of Claret are risen double in Price since the Year 1667. So that it is evident That the Impositions on Wines and Brandy in England are only on his Majesty's Subjects on the Consumption and do no ways impair the Trade of those Commodities either in Quantity or Price to the People of France 2. We answer That Impositions in England on Wine and Brandy cannot properly be objected against the Reduction of the Impositions on English Manufactures in France for that the French Manufactures imported into England do not only answer but exceedingly much surmount in Value the English Manufactures imported into France so that the Wine and Brandy stands upon a distinct Foot and the French have wholly the Advantage thereof above the English Object 2. If it should be objected that the Reduction of the Impositions on the English Manufactures in France would ruin the French Manufactures Answ We shall only crave leave with all Submission to say That without a Reduction not only the Manufactures of England will decline but the Stock of the Nation will be consumed and exhausted by the Continuance of such a destructive and unequal Trade Object 3. If it should be proposed to reduce the Impositions in France on English Manufactures to what they were at some prefixt Time as to Anno 1664 or to Anno 1654 or some other time since 1606. Answ 1. We pray your Lordships to consider That unless they be reduced to an Equality
it would be contrary as we humbly conceive to what was laid down as the Foundation of the present Treaty viz. a mutual Reciprocation and Parity The Duty on an English Broad Cloth imported into France was in Anno 1632 6 Livers in Anno 1644 it was raised to 9 Livers in Anno 1654 to 30 Livers in Anno 1664 to 40 Livers and in Anno 1667 to 80 Livers A Piece of Serge in Anno 1632. paid one Liver in Anno 1644. in Anno 1654 5 Livers in Anno 1664 6 Livers and in Anno 1667 12 Livers 2. Though it may be possible That a Reduction to 1664. may somewhat augment that small Consumption that now is and so a Reduction to his Majesty's happy Restoration or to Anno 1654. somewhat more yet neither the one nor the other would so far enlarge the Trade as to bear any Proportion between the English and French Manufactures and prevent the Decay of the Stock of the English Nation by that Trade 2. As to the second An Assurance that the English Manufactures shall not be charged hereafter with new Impositions or Excise nor any Defence made of their Consumption We humbly conceive this necessary because the French have from time to time raised the Duties as appears by the Instances before given tho' by the 3d Article of the Treaty of 1606 the Customs were to remain as then they stood and also because by an Arrest of the French King a private Agreement of the Stocking-weavers and Stocking-sellers in Paris that the one should not sell nor the other buy of any other Persons but only to and of each other was established whereby that Trade of the English in Silk Stockings was totally ruined and the like may be practised in reference to other Manufactures and would have the same Effect such Agreements so confirmed and authorized being of equal Force with a Prohibition of the Manufacture 3. As to the third Particular the rendering the English free from Strangers Customs in France To what may be objected in reference to this is Object 1. That these are Privileges granted to the Burghers and Freemen of particular Cities We answer Answ That were it only City or Town Duties as it is in England in many Corporations of Scuvage Parkage c. being very small and inconsiderable it were reciprocal but when it is a Duty of Customs due to the King of that Importance it is of the same nature as the Strangers Custom in England which as the French receive an Exemption from in all Cities and Towns of England so ought they to grant to the English the like Exemption from in all Cities and Towns of France Object 2. If it should be proposed That the English should have the like Privilege as French-men not Free Burgers of such Cities and Towns we reply Answ That the French in England pay no other Duties to his Majesty if the Strangers Customs be remitted than the free Burghers of any Cities or Towns in England and that if this be not provided against the English may at pleasure on like Pretence be excluded from all Trade in France Object 3. If it be alledged That the remitting of these Duties to the English will cause a general Complaint from the Free Burghers of such Cities and Towns in France it may be answered Answ That his Majesty's Subjects may as justly complain if the Strangers Duties be remitted to the Subjects of France We humbly conceive to render things equal on both sides his Majesty not taking the said Duty of French Ships but once in one Voyage tho' the Vessel load and unload at divers Ports the French King should grant the like in France in reference to the English Ships which hitherto hath not been done to the great Prejudice and Discouragement of the English Navigation Proposal VIII The 8th Proposal to prevent Confiscation of Ship and Goods or Payment of Custom in case of an English Ships being forced into a French Port and the Master not giving speedy Notice to the Governour of the said Port This we humbly propose because an English Ship which put into Havre de Grace Read for Reâ—â—â—f in a Storm was seized on upon pretence that the Master ought to have given an Account to the Governour in three 〈…〉 he having omitted it was pretended a sufficient ground to confiscate Ship and Goods and had not the Master with a good Sum of Money procured a Release both Ship and Goods had been lost Also when any laden English Ship comes into any Port of France by Stress of Weather or otherwise the French have sometimes forced them to pay the Customs and at other times to give Security for the Customs even when the Ships have been bound to other of their own Ports Proposal IX The 9th Proposal That English-men might have the Freedom of their own Ships and not be forced to lade any Man's Goods without their own Consents and may not be hinder'd from lading their Ships to give a Preference to the French Ships This we humbly conceive necessary because that in Morlaix and other Places of France several English Vessels consigned to Merchants have been forced notwithstanding Propriety and Charter-party to take in French-mens Goods equally and sometimes preferably to their own and at other times have not been suffered to load their Vessels till French Vessels then in lading have been first loaden to the great Disadvantage and Discouragement of the English Proposal XII The 12th Proposal to prevent extraordinary Taxes on the English residing in France and the forcing one Man to pay for another Is humbly conceived necessary because that formerly in many Places of France extraordinary Personal Taxes have been charged on the English and one Man's Goods seized to pay all the Taxes of the English in the said Place Proposal XIII The 13th Proposal That one English man may be a Witness for another in all Cases where he is unconcerned This is desired to be provided for in the Treaty because it hath formerly been denied in France to the great Damage of the English whereas in England it is constantly allowed in all Courts of Justice Proposal XVIII The 18th Proposal That this Treaty of Commerce may be registred in all the Courts of Parliament and. Judicatures of France We humbly conceive of most absolute necessity for otherwise it will not be pleadable in any of their Courts of Justice And for the English upon every Dispute that may arise to be necessitated to attend the French King and his Council at Paris which is some hundred of Miles from many Places of Trade the Charge of such Journeys and Loss of Time would be as ruinous as the Matter in dispute And we pray your Lordships to consider if it be not so settled That the English may have Justice in the ordinary Course in all Places how easy it will be for the French King or his Ministers to render ineffectual and of no Benefit to the English all the Articles of this or any other Treaty The 5th 6th 7th 10th 11th 14th 15th 16th and 17th Proposal we suppose need no further Explanations or Reasons to enforce 〈…〉 being the same that have been granted in former Treaties All which is humbly submitted c.