open War and much less by virtue of those Letters to molest or damnifie the Subjects of either Party Neither shall it be lawful for any Foreign Private Men of War who are not Subjects to one nor the other Party having Commissions from any other Prince or State to Equip their Ships in the Harbours of either of the aforesaid Parties or to sell or ransom their Prizes or any other way to Truck as well the Ships and Goods as any other Lading whatsoever And it shall not be lawful for them to buy any Victual but what shall be necessary to bring them to the next Port of that Prince from whom they obtained their said Commissions Concerning other Privateers and their Prizes And if perchance any of the Subjects of the said King of Great Britain or of the said States General shall buy or get to themselves by Truck or any other way such Ship or Goods which have been taken by the Subjects of one or the other Party in such case the said Subject shall be bound to restore the said Ship or Goods to the Proprietors without any delay and without any Compensation or Reimbursement of Money paid or promised for the same Provided that they make it appear before the Council of the said King of Great Britain or before the said States General that they are the right Owners or Proprietors of them XXII That in case the said King of Great Britain Notice to be given of any Treaty with any other Prince or the said States General do make any Treaty of Amity or Alliance with any other Kings Republicks Princes or States they shall therein comprehend each other and their Dominions if they desire to be therein comprehended and shall give to the other notice of all such Treaties or Friendship and Alliance XXIII That in case it happen during this Friendship If any thing be done in Contravention to this Treaty by any of the Subjects of either Party he or they shall be punished Confederacy and Alliance any thing shall be done or attempted by any of the Subjects or Inhabitants of either Party against this Treaty or any part thereof by Land Sea or Fresh-waters That nevertheless this Amity and Alliance between the said Nations shall not thereby be broken or interrupted but shall remain and continue in its full force and that onely those particular persons shall be punished who have committed any thing against this Treaty and none else and that Justice shall be rendred and Satisfaction given to all persons concerned by all such who have committed any thing contrary to this Treaty by Land or Sea or other Waters in any part of Europe or any Places within the Straits or in America or upon the Coasts of Africa or in any Lands Islands Seas Creeks Bays Rivers or in any Places on this side the Cape of Good Hope within Twelve Months space after Justice shall be demanded And in all Places whatsoever on the other side the Cape as hath been abovesaid within Eighteen Months next ensuing after demand of Justice shall be made in manner aforesaid But in case the Offenders against this Treaty do not appear and submit themselves to Judgment and give Satisfaction within the respective Times above expressed proportionable to the distance of the Places they shall be declared Enemies of both Parties and their Estates Goods and Revenues whatsoever shall be Confiscated for due and full Satisfaction of the Injuries and Wrongs by them offered and their Persons also when they come within the Dominions of either Party shall be liable unto such Punishments as every one shall deserve for his respective Offences XXIV That the Subjects of the said King of Great Britain and those which are under His Jurisdiction The Subjects of either Party to Travel freely in each others Territories in Europe may freely and securely Travel in all the Provinces of the Low-Countries and all their Dominions in Europe and through them by Sea or Land pass to other Places there or beyond them and through all Quarters of the United Provinces Cities Forts or Garrisons whatsoever which are in any Parts of the United Provinces or elsewhere in their Dominions in Europe as well they themselves exercising Trade in all those Places as their Agents Factors and Servants may go Armed or Unarmed but if Armed not above Fourty in a Company as well without their Goods and Merchandises as with them wheresoever they please The People also and Inhabitants of the United Provinces shall enjoy the same liberty and freedom in all the Dominions of the said King in Europe Provided that they and every of them do in their Trade and Merchandising yield Obedience to the Laws and Statutes of either Nation respectively XXV That in case the Merchant-Ships of the Subjects of either Nation shall by Storm Pirates Freedom of Ports or any other Necessity whatsoever be driven into any Haven of either Dominion they may depart securely and at their pleasure with their Ships and Goods without paying any Customs or other Duties Provided they break no Bulk nor sell any thing nor shall they be subject to any Molestation or Search provided they do not receive on Board any Persons or Goods nor do any thing else contrary to the Laws Ordinances or Customs of the Places where they as aforesaid shall happen to arrive XXVI That the Merchants Seamen c. nor to be Pressed Masters and Seamen of either Party their Ships Goods Wares or Merchandises shall not be Arrested or Seised in the Lands Havens Roads or Rivers of the other to Serve at War or any other use by virtue of any general or special Command unless upon an extraordinary Necessity and that just Satisfaction be given for the same but so as the same shall not derogate from the Seisures and Arrests duely made in the ordinary Courts of Justice of either Nation XXVII That the Merchants on both Sides Seamen c. to carry Arms. their Factors and Servants and also the Masters and other Seamen as well going as returning by Sea and other Waters as also in the Havens of either Party or going on Shore may carry and use for the defence of themselves and Goods all sorts of Weapons as well Offensive as Defensive but being come into their Lodgings or Inns they shall there lay by and leave their Arms until they be going on Board again XXVIII That the Men of War To Convoy each other or Convoys of either Nation meeting or overtaking at Sea any Merchants Ship or Ships belonging to the Subjects or Inhabitants of the other holding the same Course or going the same Way shall be bound as long as they keep one Course together to protect and defend them against all and every one who would set upon them XXIX That if any Ship or Ships of the Subjects or Inhabitants of either Nation or of a Neuter About Ships taken in either Parties Harbours be taken by a third Party in
any wise falsified and counterfeit certain Marks and Countersigns of His Majesty and the said States General shall be given unto them 34. And in case any Merchandise and Commodities of those kinds which are before declared to be Contraband and forbidden Contraband Goods found on Board to be Confiscated onely and no other shall by the means aforesaid be found in the French Vessels and Barques bound for the Ports of the said States Enemies they shall be unladen and declared Confiscate before the Judges of the Admiralty of the United Provinces or other competent Officers But so that the Ship and Barque or other free and allowed Goods Merchandise and Commodities found in the same Ship may not for that cause be in any manner Seized or Confiscate 35. It was furthermore Agreed and Covenanted Goods found in an Enemies Ship to be Confiscated That whatsoever shall be found Laden by His Majesties Subjects upon a Ship of the Enemies of the said States although the same were not Contraband Goods shall yet be Confiscate with all that shall be found in the said Ship without exception or reservation But on the other Side also all that shall be and shall be found in the Ships belonging to the Most Christian Kings Subjects Free Ship free Goods except Contraband shall be free and discharged although the Lading or part thereof belong to the said States Enemies Except Contraband Goods in regard whereof such Rule shall be observed as hath been ordered in the precedent Articles 36. All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights All Rights and Exemptions to be enjoyed reciprocally Liberties and Exemptions in their Trade and Commerce within the Ports Roads Seas and Estates of His said Majesty as hath been newly said which His said Majesties Subjects shall enjoy in those of the said States and in open Sea It being to be understood that the equality shall be mutual every way on both Sides And even in case the said States should hereafter be in Peace Amity and Neutrality with any Kings Princes and States who should become Enemies to His said Majesty either of the Parties are mutually to use the same Conditions and Restrictions expressed in the Articles of this present Treaty which regard Trade and Commerce 37. And the more to assure the Subjects of the said States Captains of Ships not to molest the others Subjects that no violence shall be offered them by the said Ships of War all the Captains of the Kings Ships and others His Majesties Subjects shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for the Damages and Interests suffered and to be suffered until due Restitution and Reparation be made 38. And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out Captains and Privateers to give Security to give good and sufficient Security before competent Judges in the Sum of Fifteen thousand Livres 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 virtue and in conformity of the Regulation therein made upon pain of being Cashier'd 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 About Prizes Laden with Contraband Goods the said Captains may not open nor break up the Chests Mayls 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 Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given with all Equity will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Persons not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to their Forms 41. And when the Ambassadors of the said States General or any other of their Publick Ministers Residing in His Majesties Court Upon complaint of Judgment a Review to be granted within Three Months shall make Complaint of the Judgments which shall be given His Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to reason which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are claimed may not be sold or unladen unless it be with 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 Persons interessed in a Ship taken obtaining a favourable Judgment to have its Execution upon Security and the persons interessed therein and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary 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 IV. It is also Covenanted That these above-written Separate Articles Ratifications Exchanged within Four Weeks and all and every thing
shall do that no violence shall be offered them by the Ships of War belonging to his Majesty of Great Britain or his Subjects all the Captains of the Kings Ships and all his Majesties Subjects that set out private Men of War shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for all Costs and Damages until due Restitution and Reparation be made XIII And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out To give Security to that end to give good and sufficient Security before competent Judges in the Sum of Fifteen hundred pounds Sterling or Fifteen thousand Livres Tournois that they will give full satisfaction for any Injuries or Wrongs they may commit in their Courses at Sea and for their Captains and Officers that shall violate this present Treaty and the Orders and Proclamations of His Majesty which shall be published by virtue and in conformity to the Regulation therein made upon pain of forfeiting their said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General XIV If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods Contraband Goods taken not to be opened but in presence of the Officers of the Admiralty as hath been said the said Captains may not open nor break up the Chests Mayls Packs Bags Cask or Sell or Exchange or otherwise alienate them until they have Landed them in the presence of the Judges or Officers of the Admiralty and after an Inventory by them made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master shall by no means be hindred from continuing his course and the design of his Voyage XV. His Majesty being desirous that the Subjects of the said States may be used in all Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given equitably will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Judges not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to the tenor of them XVI And when the Ambassadors of the said States General Upon complaint of Judgment a Review to be granted within Three Months or any other of their Publick Ministers Residing in his Majesties Court shall make Complaint of the Judgments which shall be given his Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to Right and Equity which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be sold or unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are reclaimed may not be sold or unladen unless it be with the consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable XVII When Process shall be moved in the first or second Instance between those that have taken the Prizes at Sea and the persons interessed therein The interessed in a Ship taken obtaining a favourable Judgment the same to have its Execution upon Security and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary where the Sentence goes against the Claimers And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty XVIII But since the Conveniences and Inconveniences of Things and Agreements cannot be discovered but in procedure of Time and by Observations drawn from mutual Experience Commissioners to be appointed for the supplying of what shall be found wanting in this Treaty It is therefore Agreed between the said King of Great Britain and the said Lords the States of the Vnited Netherlands That at any time hereafter when both Parties shall so think it fitting certain Commissioners by each Party respectively chosen shall meet by the common Consent of both who shall make it their Care and Business to supply what ever shall be found wanting in the aforementioned Articles to change or limit what ever shall not be convenient and commodious for both and fully compleat a further Treaty both concerning these things and all other the Laws of Navigation XIX All these Agreements Ratification within Four Weeks and all and every thing therein contained shall be Confirmed and Ratified by the said King of Great Britain and the States General of the Vnited Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged by each Party within the time aforesaid Here follow certain Forms whereof mention is made in the Eighth Article A Form of the Certificates that ought to be given by those that have the ordinary Power of the Admiralty of England to the Ships and Vessels that go out thence according to the Eighth Article of the present Treaty High Admiral of England To all who shall see these Presents Greeting These are to certifie That we have granted leave and permission to _____ Master and Captain of the Ship called _____ of the City of _____ of the Burden of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his departure shall have made Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of these Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put