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A40376 The treaty and alliance between the commissioners of the most Christian King of France and Navarre on one part, and the extraordinary ambassadors of the States General of the United-Provinces of the low-countries on the other concluded and signed at Paris the 27 April, 1662.; Treaties, etc. United Provinces of the Netherlands 1662 Apr. 27 France.; France. Treaties, etc. United Provinces of the Netherlands, 1662 April 27. 1662 (1662) Wing F2052A; ESTC R28244 20,678 40

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but they shall cause them to be pursued and punished or driven out of their ports and the ships robbed as the goods taken by the said Pyrats and false-commissionated Men that shall be in being are to be presently and without forme of process freely restored to the proprietors that shall reclaim them XLVI The Inhabitants and subjects of one and the other part shall have power every where within the lands under the obedience of the said King and of the said Lords the States to cause themselves to be served by such Advocates Procters Notaries and Sollicitors as shall seem good to them unto which also they shall be commisionated by the ordinary Judges when need shall be and when the said Judges shall be demanded it And it shall be permitted to the said subjects and inhabitants on either side to keep in the places where they shall make their aboade books of their traffick and correspondence in that language which they shall think good without being for this cause disquieted or searched XLVII The said Lord King as also the said Lords the States General shall have power to establish for the conveniency of their subjects trafficking in the Kingdomes and States of one another Consuls of the Nation of their said subjects which shall enjoy the rights liberties and franchises that appartain to them for the exercise of their employment and the establishment thereof shall be made in such places where by common consent it shall be judged necessary XLVIII His Majesty and the said Lords the States General shall not permit that any Vessel of Warr nor any other set out by the commission and for the service of any Prince Republick or Town whatsoever come to make any prise within the ports havens or any rivers belonging to them upon the subject of either And in case this happen his Majesty and the said Lords the States General shall employ their authority and their forces to cause restitution or reparation to be made according to reason XLIX One of the Allyes shall not assist the attacking Enemies of the other present or future neither by sea nor by land neither with men nor money victuals ammunition ships or other things that might strengthen them conserving notwithstanding the free course of trade and navigation between the subjects of one Allie with the Enemy of the other conformably to the precedent Articles L. And to the end that as well his said Majesty as the said Lords the States General may be wholly assured of the effect and real and vigorous Execution of the present Confederation they declare that they have no treaty nor agreement contrary to this Confederation that may hinder them in any wise from a sincere executing the present treaty in all its points and Articles LI. The present treaty of Alliance as well as of Commerce Navigation and sea affairs shall last twenty and five years beginning from the day of the signature yet so to be understood that if peradventure an entry were made into an actual performance of the warranty by rupture or assistance in favour of one's Ally by vertue of this Treaty before the expiration of the said twenty and five years the treaty shall continue and subsist in its force and vigour in all its points until an end be made of the war in the manner above specifi'd LII The Ratifications of this Treaty are to be given in good form and exchanged by one and the other part within the space of three moneths to reckon from the day of the Signature CAesar Duke of Vandosme Mercaeur Beaufort Pentbieure and Estampes Prince of Anet Martigues Peer and Great Master Chief and Surintendant General of the Navigation and Traffick of France and the Countries reconquered To all those that shall see the present Letters Greeting We give notice that We have given leave and permission to ............ Master and Conductor of the Ship called .......... of the Town of ........... of the burthen of ........ tonnes or thereabout being at present in the port and Haven ........... to go to ......... laden with ............ who after that visitation shall have been made of his ship before his departure shall take oath before the Officers that exercise the Jurisdiction of Maritime causes how that the said vessel belongs to one or more subjects of his Majesty whereof the Formul shall be set down here beneath as also that he will keep and cause to be kept by those of his Equipage the Orders and Rules of Sea-affairs and cause record to be made signed and certified containing the names and Sirnames the birth and aboade of the men of his Equipage and of all those that shall embarque themselves which he shall not take on board without the knowledge and permission of the Officers of Marine affairs and that in every port and haven where he shall enter with his ship he will shew to the Officers and Judges of the Sea affairs the present leave and give them a faithful report of what shall have been done and passed during his Voyage and that he will carry the Flaggs Armes and Colours of the King and Ours during his Voyage In witness wherof we have set down our Signe and Seal to these present and cause them to be countersigned by the Secretary of Marine affairs .......... Act ......... the day ...... One thousand six hundred ...... It was signed Caesar de Vandosme and lower by My Lord signed Matarel and sealed with the seal of the Armes of the said Lord Admiral A Formul of the Act concerning the Oath MORICE ........ of the Admiralty of ...... we certify that ....... Master of the ship named in the pasport above mentioned hath taken the oath therein expressed Act ....... the ......... day of ...... A Formul of the Letters that are to be given in the Sea Townes and Ports of the Vnited Provinces to the Ships and Boats that will go out to Sea following the above-mentioned Article TO the Most Serene Most Illustrious Illustrious Most Potent Most Noble Noble Honourable and Prudent Lords Emperours Kings Republicks Princes Dukes Counts Barons Lords Consuls and Sherieffs Counsellors Judges Officers Justiciaries and Regents of all good Towns and Places as well Ecclesiasticks as Seculars who shall see or read these Patents We the Consuls and Regents of the Town ......... give notice that ........... Master of the Ship ........... appearing before us hath declared by a solemn Oath that the ship named ......... big of about ............... Tonnes of which he is at the present Master belongs to the Inhabitants of the United Provinces as God should help him and as we should gladly see the said Master of the ship assisted in his just affairs so we beseech you all in General and in particular where the said Master with his ship and commodities shall arrive that you would please to receive him beningly and to treat him as it ought to be suffering him upon the usuall rights of customes and expences in through and neer
to which it is to be regulated according to what hath been ordered in the precedent articles XXXVI All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same rights liberties and exemptions in their Traffick and Commerce in the Ports Roads Seas and States of his said Majesty what hath just now been said shall be enjoyed by the Subjects of His Majesty in those of the said Lords the States and in the open Sea it being to be understood that the equality shall be every way reciprocal on either side and even in case that hereafter the said Lords the States should be in Peace Amity and Neutrality with any Kings Princes and States that should become Enemies to His Majesty each of the two parties being reciprocally to use the same conditions and restrictions expressed in the Articles of the present Treaty that regard Traffick and Commerce XXXVII And the more to assure the Subjects of the said Lords the States that no violence shall be done to them by the said Vessels of War prohibition shall be made to all Captains of the Vessels of the King and to other Subjects of his Majesty not to molest nor to annoy them in any thing whatsoever under pain of being punished and engaged in their persons and goods for the dammages and interests suffered and to be suffered to the last restitution and reparation XXXVIII And for this cause shall hereafter all Captains and Armed Men be obliged every one of them before their depart to give good and solvable caution before competent Judges of the sum of fifteen thousand livers Tournois to answer every one of them in solidum of the ill Deportments which they may commit in their courses and for the breaches made by their Captains and Officers of the present Treaty and of the Ordinances and Edicts of His Majesty that are to be published by vertue and conformably to the disposition of the same under pain of a forfeiture and nullity of the said Commissions and Leaves which shall likewise be practised by the Subjects of the Lords the States General XXXIX If it should fall out that any of the said French Captains should take a Vessel laden with the said Commodities of Countreband as is said the said Captains shall not cause to be opened or broken the Trunks Mails Balls Budgets Tonns or Chests or to be transported sold or changed or otherwise alienated but that first they shall be set on shoar in the presence of the Judges of the Admiralty and an Inventary be made by them of the said Commodities found in the said Vessels unless that the Goods of Countrebande making but a part of the Carga the Master or Patron of the ship should think good and agree to deliver the said Countreband-goods to the said Captain and to pursue his Voyage in which case the said Master or Patron shall in no wise be hindred from persuing his course and the design of his Voyage XL. His Majesty desiring that the Subjects of the said Lords the States General may be treated in all the Countries under his obedience as favourably as his own Subjects shall give all the Orders necessary to make all Judgments and Decrees that are to be given upon the prises that shall have been taken at Sea to be rendred with all Justice and Equity by persons un-suspected and dis-interest in the matter in question and His Majesty is to give precise and effectual orders that all the Decrees Judgments and Orders of Justice already given or to be given may speedily and duly be executed according to their forms XLI And when the Ambassadors of the said Lords the States General or any other of their publick Ministers that shall be at the Court of His Majesty shall make complaints of the said Judgments that shall have been given His Majesty shall cause a review to be made of the said Judgments in his Counsel to examine whether the orders and precautions contained in the present Treaty shall have been followed and observed and to provide for it according to reason which is to be done within the space of three moneths at most and yet notwithstanding neither before the first Judgment nor after that of the revision shall the Goods and Commodities that shall be reclaimed be sold or unladen unless it be by the consent of the interessed parties to avoid the spoiling of the said commodities XLII When a process shall be made in the first and second instance between those that shall have taken prises at Sea and those that are interessed therein and that the said interessed persons shall come to obtain a Judgment or decree favourable the said Judgment or Decree is to have its execution under Caution notwithstanding the Appeal of him that shall have taken the prise but not on the contrary And what is said in the present and precedent Articles to cause good and speedy Justice to be rendred to the Subjects of the United Provinces concerning the prises taken at Sea by the Subjects of His Majesty is to be understood and practised by the Lords the States General in respect of the prises made by their Subjects upon those of His Majesty XLIII His Majesty and the said Lords the States General shall have power at all times to cause to be built or fraighted within the Countries of one and the other such number of Ships whether for War or Trade as they shall think good as also to buy such quantity of Ammunition of War as they shall need and they are to employ their authority that the said bargains of Ships and buyings of Ammunition be made bonâ fide and at a reasonable rate But neither His Majesty nor the said Lords the States General are to give the same permission to the Enemies of one another in case the said Enemies be attacking or invading XLIV It happening that the ships of war or of Merchants be east away by storm or other accident upon the coasts of either of the Allyes the said ships tacklings goods and wares and what shall be saved or come of it if the said things being perishable have been sold all of it being reclaimed by the Proprietors or others charged and impowred by them within a year and a day shall be restored without form of process paying only the reasonable charges and what shall be ordered between the said Allyes for the duties of saving And in case of contervention to the present Article His Majesty and the said Lords the States General promise effectually to employ their authority to cause with all severity to be chastised those of their subjects that shall be found guilty of the inhumanities that have been sometimes committed to their great regret in the like rancontres XLV His Majesty and the said Lords the States General shall not receive nor suffer their subjects to receive within any of the Countries under their obedience any Pirats or such as go with one or more false commissions whosoever they may be
your Ports Rivers and Domaines letting him sail passe frequent and traffick there and where he shall find it for his purpose the which we shall willingly acknowledge In witness whereof we have here set to it the seal of our Town LS The Copy of the Letters of Plenipotence of the Most Christian King for the Lords Commissioners of his Majesty for this Treaty LOuys by the Grace of God King of France and Navarre to all that shall see these present Greeting The affection and respects which our Dear and Great Friends Allies and Confederates the Lords the States General of the United Provinces of the low Countries testifie unto us upon all occasions having made them resolve to depute to us the Lords Jean Baron of Gent Lord of Osterwede Lieutenant of the Fiefs and Primate of the Country of Fauquement Conrard de Buningen Counsellour of the City of Amsterdam Justus de Huybert Counsellour and Pensionary of the Town of Ziricksee all Deputies in their Assembly from the Provinces of Gueldres Holland and Zeland their Ambassadors Extraordinary for joyntly with the Lord William Borreel Knight Baron of Vrenhove Vrendie Lord of Steeland Duinbeke Peer-boom c. their Ambassador Ordinary upon the occasion of the Conclusion of the peace between Us and our Dear and Most beloved Brother and Uncle the King of Spain and of our Marriage to give us by their Congratulations and Civilities marks of the sence they have what concerns Us they have also given them Order to make Overtures to us of Uniting themselves with us anew by Treaties of Amity and Confederation and Commerce suitable to the Constitution of the Time and of affairs that may assure the lastingness of the peace by a good and firm Union between our States and Theirs and establish a mutual Correspondence between our Subjects to make them taste the fruits thereof with advantage Whereof the said Ambassadors having made Declaration we are very willing to hearken thereunto and desirous to bring to it what can be expected from us in this Occurrence we have thought fit for the negotiating of these Treaties to commit it to Persons recommendable for their Dignities their sufficiencies and their own merits and for this end we have believed we could not make a better and more worthy choice then of the persons of our Dearly-beloved and Trusty the Lord Seguier Count of Gien Knight Chancellour of France of our Dear and well-beloved Cousin the Marshal Duke of Villeroy and of our Beloved and Trusty Counsellors in our Counsels the Lords Counts of Brienne and Tellier Ministers and Secretaries of State and of the Lord Marquess of Lyonne Minister also of State all Commanders of our Orders and of the Lord Count of Brienne the son Secretary also of State and of our Commands and of the Lord Colbert Counsellor in all our Counsels and Intendant of our Treasury of whom the experience and dexterity in the management of the most important affairs and the fidelity and affection to our service are equally known to Us. To them for these causes and others moving us thereunto by the advice of our Counsel where were the Queen our Most Honoured Lady and Mother our Dear and Most beloved only Brother the Duke of Orleans and other Princes of our Blood Great and considerable Personages of our Counsel and by our certain knowledge full power and Royal authority have given and by these present signed with our hand do give full power Order and Commission to hear confer negotiate and treat in our Name with the said Lords Ambassadors Extraordinary and Ordinary of the said Lords the States General instructed with powers sufficient for the same of the conditions of a Treaty of Alliance and Confederation Commerce Navigation and Marine affairs such as they shall judge to be most beneficial and sutable to the common good of our States and Affairs to agree about them to resolve decree and conclude them and to sign the Articles of them promising upon the faith and word of a King to hold for agreeable firm and stable all what by the said Lords Seguier Knight Chancellor of France and by our said Cousin the Duke of Villeroy and by the said Lords the Counts of Brienne Tellier Lyonne Brienne the Son and Colbert all together or by the greatest part in case of absence and sickness or lawfull impediment of any of them shall have been agreed upon and signed and to ratifie it in the best forme that may be and to deliver of it the Letters of Ratification in the terms and the manner that shall have been prescribed and regulated by the said Treaty For such is our pleasure In witness whereof we have caused our Seal to be annexed to these present Given at Paris the tenth day of April in the year of Grace One thousand six hundred and sixty one and of our Reign the eighteenth Signed Louys and lower upon the turning in of the paper by the King Philippeaux and sealed upon the double fringe of the great Seal of yellow wax The Copy of the Letters of Plenipotence of the Lords the States General of the Vnited Provinces of the Low Countries for their Ambassadors extraordinary for this Treaty THE STATES GENERAL of the United Provinces of the Low Countries to all that shall see these present Greeting Having given proof of the affection we have for the tranquility of Christendom in the peace that hath been lately concluded in the North we think we ought to make it firm by treating with the Most-Christian King a streight good sincere lasting and mutual Amity Union and Alliance for the reciprocal defence and conservation of the States and Subjects of one another of their Liberties and Franchises particularly in the matter of Sea-affairs Navigation and Traffick and generally of all their common Interests against all those that would trouble or hinder them in it by sea or Land To which being willing to bring all what can be expected from Us We have resolved to send into France an Extraordinary Ambassy composed of persons of quality to treat in our name with the said King or with the Commissioners which his Majesty shall please to name for this purpose And knowing that for this end We can make no better choyce then of the Lords Jean Baron of Gent Lieutenant of the Fiefs and Primate of the Country of Fauquemont Conrard de Beuningen Counsellor of the City of Amsterdam and Justus de Huybert Counsellor and Pensionary of the Town of Ziricksee all Deputies in our Assembly from the Provinces of Gueldres Holland and Zeeland as well for the great knowledge they have of publick affairs as of that which we have of their sufficiency prudence and fidelity We for these reasons and others moving us thereto have given and do give by these presents full power authority commission and special command to the said Lord of Gent Beuningen and Huybert and to every one of them in particular in case by reason of sickness or other impediment they
could not all be present at the Treaty for from Us and in our Name in the Quality of Ambassadors Extraordinary Joyntly with the Lord William Borreel Lord of Duinbeke c. our Ambassadour in Ordinary at the Court of France to make and conclude the said Treaty of defensive Allyance Marine affairs Navigation and Commerce with the said Most Christian Majesty separately or joyntly with the King of Great Brittain and for that effect to conferre with his Majesty or with the Commissioners which he shall please to name as also to agree promise resolve conclude and decree together all what shall be thought fit and necessary for the common good of France and this Republick yea and to compose and signe a Treaty of it to make and pass such Instruments Acts and promises in good and due forme and generally to do all what we should do if we were there present even when a more special command should be necessary promising sincerely and bona fide to hold for good and to keep firme and stable all what the said Lords Ambassadors shall promise agree upon Act resolve and signe in the said Treaty to observe accomplish and execute it inviolably and never whether directly or indirectly in any wise whatsoever to go against it but to cause our Letters and Ratifications of it to be expedited in the most Authentick forme that can be and when it shall be necessary Given at the Hague in our Assembly under our great Seal of our Secretary of State the fifth of October in the year of our Lord one Thousand six hundred and sixty Signed P. Swanenburg and lower upon the turning in of the Paper by Order of the said Lords the States Generall Mr. Ruysch and sealed upon the double fringe of the great seal of yellow Waxe In Faith whereof We the Commissioners and Ambassadours above said in vertue of our respective powers have in the said names signed these presents with our ordinary seals and have caused the Seals of our Armes to be put to it At Paris the 27 of April 1661. L S Sequier L S Villeroy L S De Lomenie L S Tellier L S De Lionne L S De Lomenie L S Colbert L S J. van Gent. L S C. van Beuningen L S J. van Huybert L S W. Borreel Articles agreed upon between the most Christian King of France and Navarre and the Lords the States General of the United Provinces serving for explication of the Fifth Article as also of the third and fourth of the Treaty of Alliance of his Majesty with the said Lords the States General Concluded and Decreed this Day I. THe case of the above said fifth Article hapning the said Lord King and his Successors shall be obliged to assist the said Lords the States General of the United Provinces all and every time they shall be attackt or troubled as it is more largely expressed in the said Treaty with a succours of twelve thousand foot well armed under such Regiments Companies Colonels and other Officers as his said Majesty shall think fit and judge most proper for such an assistance and he is to deliver and entertain the said succours at his own charge for the service of the said Lords the States General all the time that he shall not be obliged to enter into rupture according to the Treaty and the said Article of the same Also the Lords the S●●●●s General shall be obliged reciprocally to assist the said Lord King every time he shall be attackt or troubled in manner aforesaid with a succours of six thousand foot well armed under such Regiments Companies Collonels and other Officers as the said Lords the States General shall think fit and judge most proper for such an assistance and they are to deliver and entertain them at their own charge for the service of said Lord King all the time that they shall not be obliged to enter into rupture according to the Treaty and the said Article of the same II. He that shall openly be attackt in manner abovesaid shall have the liberty to take the succours either wholly in Souldiers or wholly in Money or a part of it in Souldiers and a part in Ships Armes Ammunitions of Warr Money or other things proper for the use of War so that a thousand souldiers shall be rated at ten thousand livers a moneth according to the course of the bank of Amsterdam counting twelve moneths in a year and the payment thereof shall be made in the beginning of every moneth by equal portions in this manner that in case the payment be made partly or wholly in Money the money is to be delivered at Paris or Amsterdam respectively but in case the performance be made partly or wholly in Ammunitions of Warr ships or other things proper for the use of war the assisted shall be obliged to go himself and demand and receive the said Ammunitions of war or ships in the Country of him that is to assist or to furnish the succours III. When the succours shall be delivered in Souldies they are altogether to be submitted to the command and order of him to whom they shall be sent to serve himself of them and to transport them to the places he shall think good by water and land into the Field to seiges to the guarding of places and wherever either necessity or advantage shall require it With this reserve notwithstanding that these Companies shall not be altogether separated from one another but that they shall remain together under their Ensignes at the least to the number of two or three hundred souldiers of every Regiment IV. After that the formed succours of souldiers shall be sent by the assistant and received by the assisted it shall be in the power of the assisted to supply the vacant offices unto that of Ensignes inclusively beginning from the chief provided that the persons upon whom the vacant offices shall be conferred be chosen out of the Troupes of the succours V. When the necessity of affairs shall make it to be judged and known that the promised and accorded succours ought to be augmented the said Lord King and the Lords the States General shall labour to agree together concerning it VI. Though in the Treaty of the defensive Allyance accorded and concluded this day between the Commissioners of the most Christian King and the Ambassadors Extraordinary and Ordinary of the States General of the United Provinces it be agreed upon that the Warranty stipulated in the third and fourth Article shall extend it self to the whole State of the said United Provinces and to all the places where they have their Garrison his Majesty notwithstanding in confideration of the Alliance which he hath with the Lords the Elector of Collen and the Duke of Newbury understands not to be obliged to the said Warranty in case that the said Elector or Duke each a part and separately come to attack first the Town of Rhynburg and the other the Town of Ravestein with his own
Forces only but in case he there make use of the aid or assistance of any other Potentat Prince or State whether in Men Mony or other manner whatsoever directly or indirectly or in case they act both joyntly that in that case of assistance or Conjunction the aforesaid Warranty shall be obligatory in respect of the said Princes as it is against all others without that the present exception shall be understood to extend it self to any case not expressed therein to the prejudice of what is agreed upon in the said Treaty VII Forasmuch as the Treaty of Peace made between the King of Portugal and the Lords the States General of the United Provinces is not yet ratified and the Warranty is not to be extended but to such Treaties as are passed in good and due form it hath been agreed upon that His Majesty shall not be obliged to any Warranty towards the said King of Portugal but after the said Treaty made or other that may be made to finish the War which they are at the present engaged in be ratified as the other Treaties according as it is agreed Which Articles shall have the same force and vigour as if they were in serted in the body of the said General Treaty passed this day Given at Paris the 27. of April 1662. Signed L S Seguier L S Villeroy L S de Lomenie L S Tellier L S de Lyonne L S de Lomenie L S Colbert L S J. van Gent. L S C. van Buningen L S J. van Huybert L S W. Borreel An Article a part touching the Imposition of fifty sols per Tonn upon the Strangers-Ships going out of the Ports of France IT hath been stipulated on the part of the most Christian King and consented unto by the Lords the States General of the United Provinces of the low Countries that the Equality that is to be precisely observed in regard of the Subjects of either Ally with the Natives in matter of Customs Charges Impositions according to the 20 th Article of the Treaty of Allyance this day concluded shall not derogate from the Imposition of fifty Sols per Tonn established in France upon Stranges-Ships and that the Subjects of the Lords the States of the United Provinces shall be obliged to pay the same as all other Strangers unless his Majesty upon the Remonstrances which hereafter may be made unto Him from the said Lords the States in examining them with that great affection wherewith His Majesty is pleased to honour them dispose otherwise thereof But from this time forth necessary Orders are to be by his Majesty issued to this end that the said Imposition of fifty Sols shall not be exacted from the Ships of the Subjects of the said United Provinces but once for every voyage in going out of the Ports of His Kingdom and not in entring into it and that the said Ships laden with Salt shall not pay but the half of the said fifty Sols on condition that the said Lords the States thinking it fit to put the like imposition upon the Ships of Strangers in their Country which shall remain free unto them are not to exceed ●● regard of the Subjects of His said Majesty the Tax of what their Subjects pay in France the said 20 th Article remaining as to all other Customs Charges and Impositions present or to come in its entire force and vigour without its being to be limited or exceeded by any other exception or restriction but what is here above expressed Which Article apart is to have the same force and vigour as if it were inserted in the Body of the said Treaty General passed this Day Given at Paris the 27. of April 1662. Signed Sequier Villeroy De Lomeny Tellier De Lyonne De Lomeny Colbert J. van Gent. C. van Beuningen J. van Huybert W. Borreel FINIS