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A32167 Articles of peace & alliance between the Most Serene and Mighty Prince Charles II, 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; Treaties, etc. England and Wales.; England and Wales. Treaties, etc. United Provinces of the Netherlands, 1667 July 31.; United Provinces of the Netherlands. Treaties, etc. England and Wales, 1667 July 31.; England and Wales. Treaties, etc. France, 1667 July 31.; England and Wales. Treaties, etc. Denmark, 1667 July 31.; Denmark. Treaties, etc. England and Wales, 1667 July 31.; United Provinces of the Netherlands. Staten Generaal. 1667 (1667) Wing C2897; ESTC R13932 26,624 86

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within Twelve Moneths space after Justice shall be demanded And in all places whatsoever on the other side the said Cape as hath been abovesaid within Eighteen Moneths next ensuing after demand of Justice shall be made in manner aforesaid But in case the offenders against this Treaty do not appear and submit themselves to Judgement and give satisfaction within the respective times above expressed proportionable to the distance of the places they shall be declared Enemies of both Parties and their Estates Goods and Revenues whatsoever shall be confiscated for due and full satisfaction of the injuries and wrongs by them offered and their persons also when they come within the Dominions of either Party shall be liable unto such punishments as every one shall deserve for his respective offences XXIV That the Subjects of the said King of Great Britain and those which are under His Jurisdiction may freely and securely travel in all the Provinces of the Low-Countreys and all their Dominions in Europe and through them by Sea or Land pass to other places there or beyond them and through all Quarters of the United Provinces Cities Forts or Garisons whatsoever which are in any parts of the United Provinces or elsewhere in their Dominions in Europe as well they themselves exercising Trade in all those places as their Agents Factors and Servants may go armed or unarmed but if armed not above Forty in a Company as well without their Goods and Merchandises as with them wheresoever they please The People also and Inhabitants of the United Provinces shall enjoy the same Liberty and Freedom in all the Dominions of the said King in Europe Provided that they and every of them do in their Trade and Merchandising yield Obedience to the Laws and Statutes of either Nation respectively XXV That in case the Merchant-Ships of the Subjects of either Nation shall by Storm Pirates or any other necessity whatsoever be driven into any Haven of either Dominion they may depart securely and at their pleasure with their Ships and Goods without paying any Customs or other Duties Provided they break no Bulk nor sell any thing nor shall they be subject to any Molestation or Search provided they do not receive on board any Persons or Goods nor do any thing else contrary to the Laws Ordinances or Customs of the places where they as aforesaid shall happen to arrive XXVI That the Merchants Masters and Seamen of either Party their Ships Goods Wares or Merchandises shall not be Arrested or Seised in the Lands Havens Roads or Rivers of the other to serve at War or any other use by vertue of any general or special Command unless upon an extraordinary necessity and that just satisfaction be given for the same but so as the same shall not derogate from the Seisures and Arrests duely made in the ordinary Courts of Justice of either Nation XXVII That the Merchants on both sides their Factors and Servants and also the Masters and other Seamen as well going as returning by Sea and other Waters as also in the Havens of either Party or going on Shore may carry and use for the defence of themselves and Goods all sorts of Weapons as well Offensive as Defensive but being come into their Lodgings or Inns they shall there lay by and leave their Arms until they be going on board again XXVIII That the Men of War or Convoys of either Nation meeting or overtaking at Sea any Merchants Ship or Ships belonging to the Subjects or Inhabitants of the other holding the same Course or going the same Way shall be bound as long as they keep one Course together to protect and defend them against all and every one who would set upon them XXIX That if any Ship or Ships of the Subjects or Inhabitants of either Nation or of a Neuter be taken by a third Party in the Harbours of either not being of the Subjects or Inhabitants of either Nation they in or out of whose Haven or Jurisdiction the said Ships shall be taken shall be bound to endeavour with the other Party that the said Ship or Ships be pursued brought back and restored to the Owners but all this shall be done at the charges of the Owners or whom it concerns XXX That Searchers and other like Officers on both sides shall regulate themselves according to the Laws of either Nation and shall not impose or demand more then they are allowed by their Commissions and Instructions XXXI That if any injury be done or practised by either Nation or the Subjects or Inhabitants of the same against the Subjects or Inhabitants of the other or against any of the Articles of this present Treaty or against common right yet nevertheless no Letters of Reprisal Mark or Countermark shall be granted by either side till Justice hath been first demanded according to the ordinary course of Law but in case Justice be there denied or delayed then that the said King of Great Britain and the said States General or Commissioners of that Nation whose Subjects and Inhabitants have suffered the wrong shall publickly require Justice from that other Party where as abovesaid it was denied or delayed or from that Power appointed to hear and decide such differences that there may be a friendly composure or due process of Law But if still there happen more delays and neither Justice be administred nor satisfaction given within three moneths after such demand that then Letters of Reprisal Mark or Countermark may be granted XXXII It is also agreed If at any time it happen which God of his mercy forbid that the Differences now composed between His said Majesty and the said States General should fester and break out again into open War that then those 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 for all that be confiscated or made obnoxious to any inconvenience but the space of six moneths shall entirely be allowed to the Subjects and Inhabitants of either Party that they may have leisure to transport from thence the forementioned things and any thing else that is theirs whither they shall think fit without any kind of Molestation XXXIII That they who have obtained private Commissions from either Party before they receive such Commissions shall give good and sufficient caution before the Judge of the Court where they receive such Commissions by responsible men who have no part or share in such Ships that they shall do no damage or injury to the Subjects or Inhabitants of either side XXXIV It is also agreed and concluded That the Subjects and Inhabitants of either Party shall always have free access to each others Sea-ports there to remain and from thence to depart with the same freedom and not only with their Merchant-Ships and Lading but also with their Men of War whether they belong to the said King or States General or
Tournois to answer every one by himself for the Miscarriages they may commit in their Courses at Sea and for their Captains and Officers violations of this present Treaty and of the Orders and Proclamations of His Majesty which shall be published by vertue and in conformity of the Regulation therein made upon pain of being cashiered and forfeiting the said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General 39. If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods as hath been said the said Captains may not open nor break up the Chests Males Packs Bags Cask and other Boxes or transport sell or exchange and otherwise alienate them until they have Landed in the presence of the Judges of the Admiralty and after an Inventory hath by them been made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master or Pilot of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master or Pilot shall by no means be hindred from continuing his course and the design of his Voyage 40. His Majesty being desirous that the Subjects of the said States may be used in all Countreys under his Obedience as favourably as his own Subjects will give all necessary Orders that Judgements and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by persons not suspected nor concerned in the matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgements and Orders of Justice already given and to be given may be readily and duly executed according to their forms 41. And when the Ambassadors of the said States General or any other of their Publick Ministers residing in His Majesties Court shall make complaint of the Judgements which shall be given His Majesty will cause a Review to be made of the said Judgements in his Council to examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to reason which shall be done within the space of three Moneths at the farthest Nevertheless neither before the first Judgement nor after it during the time of the Review the Goods and Effects which are reclaimed may not be sold or unladen unless it be with the consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable 42. When Process shall be moved in the first or second instance between those that have taken the Prizes at Sea and the persons interessed therein and the said interessed persons shall come to obtain a favourable Judgement or Decree the said Judgement or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty IIII. It is also Covenanted That these above-written Separate Articles and all and every thing therein contained and concluded shall be confirmed and ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentique form within four Weeks next ensuing or sooner if it may be and mutual Instruments shall be exchanged at Breda within the foresaid time and the same shall be published after the delivery and exchange thereof in the usual Form and Place Done at Breda the 21 31 day of July 1667. A Form of the Passports and Certificates that ought to be given in the Admiralty of France to the Ships and Barques that go out thence according to the Article of the present Treaty CEsar Duke of Vendome Peer and great Master Chief and Superintendent General of the Navigation and Commerce of France To all who shall see these presents Greeting We do make known That we have granted leave and permission to _____ Master and Conductor of a Ship called _____ of the City of _____ of the burthen of Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ laden with _____ after search shall have been made of his Ship and he before his departure shall make oath before the Officers that exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of the Presents as also to keep and cause to be kept by those aboard him the Orders and Rules of the Marine and shall put into the Regisity the Roll signed certified containing the Names and Surnames the Nativity and Habitation of the men that are aboard him and of all that shall imbarque themselves whom he may not take on board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall make appear to the Officers and Marine Judges concerning the present Licence and shall make them faithful relation of what hath been done and hath passed during his Voyage and shall carry the Flags Arms and Colours both the Kings and Ours throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of our Arms to be put thereunto and the same to be counter-signed by Our Secretary of the Marine the _____ day of _____ One thousand six hundred Signed Cesar of Vendome And underneath By my Lord Matharel and sealed with the Seal of the Arms of the said Lord Admiral A Form of the Act containing the Oath WE of the Admiralty of _____ do certifie that _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Made at _____ the day of _____ One thousand six hundred c. Another Form of the Certificates that ought to be given by the Cities and Sea-ports of the United Provinces to the Ships and Barques that go from thence according to the Article abovesaid TO the Most Serene Most Illustrious Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Common-wealths Princes Dukes Comties Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all good Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomasters and Governours of the City of _____ do make known That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the United Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just affairs We do request you all in general and particular that where the abovesaid Master shall arrive with his Ship and Goods it may please them to receive him courteously and use him in due manner suffering him upon the usual Rights of Tolls and other Charges in through and nigh your Ports Rivers and Territories permitting him to sail pass frequent and trade there where he shall think fit Which we shall willingly acknowledge In witness whereof we have caused the Seal of Our City to be thereunto put FINIS