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A88573 A treaty of commerce, navigation, and marine affairs, concluded and agreed on at Reswick between His Most Christian Majesty's embassadors and plenipotentiaries, on the one part; and the embassadors and plenipotentiaries of the Lords the States General of the United Provinces of the Netherlands, on the other. With some account of the proceedings since between the French and Dutch commissioners relating to the tariff. Never before in English. Translated from the Dutch and French copies.; Treaty of Ryswick (1697) France. Treaties, etc. United Provinces of the Netherlands, 1697 Sept. 20. 1699 (1699) Wing L3139AB; ESTC R215015 22,877 28

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Provinces for the avoiding of all Disorder are to come no nearer unto the French than a Cannon-shot but may send their small Bark or Shalloop on board the French Ships or Barks whereof three or four Men only are to enter into the same unto whom the Masters of the French Ships shall shew their Pass-ports and Letters of Mart abovementioned according to the Form of the said Letters of Mart which shall be incerted at the end of this Treaty by which Pass-ports and Letters of Mart it may not only appear what his Cargo is but also the Place of the Aboad and Residence as well of the Master as of the Ship herself that so it may be known by these two ways whether they carry contraband Goods and that as well the Quality of the Ship as of the Master may sufficiently appear thereby to which Past-ports and Letters of Mart an entire Belief and Credit ought to be given and to the end the Validity thereof may be the better known and that they can be by no means falsified and counterfeited his said Majesty and the said Lords the States General shall prescribe certain Marks and Counter-signings thereunto XXVI And in case by the aforesaid Means there be found in the said Vessels and French Barks bound to the Harbours of the Enemies of the said Lords the States any Merchandizes or Commodities which are above declared to be contraband and prohibited they shall be unladen and declared confiscated in the presence of the Judges of the Admiralty of the United Provinces or other competent Persons but yet for all that the Ship and Bark or other Goods Merchandizes and Commodities that are free and not prohibited found in the same Ship shall by no means be seized and confiscated XXVII It has been moreover agreed and concluded that all the Lading which shall be found of his Majesty's Subjects on board a Ship that is an Enemy of the said Lords the States though the same be no contraband Goods shall be confiscated with all that shall be found in the said Ship without any Exception or Reserve but yet also all that which shall be and be found in such as belong to the most Christian King's Subjects shall be free and pass though the Cargo or part thereof appertain to the Enemies of the said Lords the States excepting contraband Goods in respect unto which they are to regulate themselves according to what has been ordered in the preceding Articles and for the more particular illustration and clearing of this Article it 's moreover agreed and concluded on that in case it should happen that both the Parties or else one of them should be engaged in a War the Goods appertaining to the Subjects of the other Party and laden in their Ships who are become Enemies to both or one of the Parties cannot be any ways confiscated upon the account or under pretence of the said imbarking of them in an Enemy's Ship And that shall be observed not only when the said Commodities shall be put on board them before the Declaration of the War but also when the same shall be done after the said Declaration provided it be done within the respective Times and Terms hereafter prescribed viz. If they have been laden in the Baltick Sea or that of the North from Terneuse in Norway to the end of the Channel in the space of four Weeks or from the end of the Channel to the Cape of St. Vincent in the space of six Weeks and from thence into the Mediterranean Sea and as far as the Line in the space of ten Weeks and beyond the Line and the other Parts of the World in the space of eight Months to commence from the Publication of the present Treaty And this in such a manner that the Merchandizes and Goods of the Subjects and Inhabitants that are laden on board those Enemies Ships can by no means be confiscated during the above-named Terms and ascertained Limits but shall be restored to the Owners without any delay if it be not so that they have been laden after the expiration of the said Terms And nevertheless it shall be by no means lawful to carry to the Enemy's Ports such Merchandizes as are contraband which may be found on board of such an Enemy's Ship tho' the same be set free for the above-mentioned Reason And as it has been regulated above That a free Ship shall go unmolested with the Goods laden thereon it has been moreover agreed and concluded on That this Liberty shall also be extended to the Persons that shall be found on board a free Ship so far that tho' they be Enemies both of the one and the other Party or of one only of them yet being found in a free Ship they must not be taken out if so be they are not Soldiers and actually in the said Enemy's Service XXVIII All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights Liberties and Immunities in their Commerce and Trade in his said Majesty's Ports Roads Seas and Dominions as has been said as his Majesty's Subjects shall enjoy in those of the Lords the States and on the High-Seas it being to be understood that the Equality shall be reciprocal every ways on either side and also that in case hereafter the said Lords the States shall be at Peace Amity and Neutrality with any Kings Princes and States that shall become Enemies to his said Majesty each of the two Parties shall reciprocally enjoy the same Conditions and Restrictions as are express'd in the Articles of the present Treaty relating to Trade and Commerce XXIX And the more to confirm the Subjects of the said Lords the States that there shall be no Violence offered them by the said Men of War all the Captains of the King's Ships and others of his Majesty's Subjects shall be injoyned not to molest nor damnifie them any manner of way under the Penalty of making their own Persons and Goods liable to repair the Damages suffered and to be suffered till full restitution be made thereof XXX And for this reason every Captain and other Commander shall for the future before their departure be obliged to give good and sufficient Security before proper Judges for the Sum of fifteen Thousand Livres French to answer each of them for the Misdemeanours they may commit in their Voyages and for the Contraventions of their Captains and Officers against the present Treaty and against his Majesty's Orders and Edicts which shall be published by vertue and in conformity to the present Agreement upon the forfeiting and vacating of the said Commissions and Grants which shall also be practiced in like manner by the Subjects of the said Lords the States General XXXI If it so happen that any of the said French Captains take a Vessel laden with the said contraband Goods as has been said already the said Captains are not to open nor break up the Chests Males Bales Packs Tuns and other Casks or transport
sell or exchange them or otherwise alienate the same till they have been brought ashoar in the presence of the Judges of the Admiralty and after an Inventory taken of the said Merchandizes found in the said Vessels if so be the said contraband Goods making up but a part of the Lading the Master of the Ship thinks well and consents to deliver up the said contraband Goods to the said Captain and pursue his Voyage in such a Case the said Master shall by no means be hindred to pursue his Course and the Design of his Voyage XXXII His Majesty being willing that the Subjects of the said Lords the States General should be treated in all the Countries under his Obedience as favourably as his own Subjects shall give all necessary Orders that the Judgments and Arrests that shall be made concerning the Prizes that may be taken at Sea shall be done with all the Justice and Equity imaginable by Persons of unsuspected Credit and such as are not interested in the Matter in question And his Majesty shall give positive and effectual Orders That all the Arrests Judgments and Decrees of Justice already given and hereafter to be given be readily and duly executed according to their proper Forms XXXIII And when the Embassadors of the said Lords the States General or some other of their publick Ministers who shall be at his Majesty's Court shall make Complaint of the said Judgments that are given his Majesty will make a Review of the said Judgments in his Council to examine whether the Orders or Precautions contained in this Treaty have been followed and observed and to provide for the same according to Reason which must be done in the space of three Months at farthest and yet neither before the first Judgment nor after the same during the Review shall the Goods and Effects that are reclaimed be sold or unladen unless it be with the Consent of the Parties concerned to prevent the loss of the said Merchandizes XXXIV When a Process shall be moved in the first and second Action against those who have made Prizes at Sea and such as are Interested in the same and that the said interested Persons happen to obtain a favourable Judgment or Arrest the said Judgment or Arrest shall be executed without any caution notwithstanding any Appeal of the Person who shall make the Prizes but not on the contrary and what is said in the present and precedent Articles for the administring of good and undilatory Justice to the Subjects of the United Provinces concerning Prizes made at Sea by his Majesty's Subjects shall be extended and put in practise by the Lords the States General in respect to Prizes taken by their Subjects from those of his Majesty's XXXV His Majesty and the Lords the States General may at all times Build or Fraught in each others Countries such a number of Ships whether for War or Trade as they think good as also buy such a quantity of Ammunition as they have occasion for and imploy their Authority that the said Bargains for Ships and buying of Ammunition be done honestly and at reasonable Rates but yet so that neither his Majesty nor the Lords the States General shall give the same leave to the said Enemies of the one and the other in case the said Enemies be the Attackers and Aggressors XXXVI If it so happen that any Men of War or Merchant-men be run Aground or Shipwreck'd by Storm or other Accident upon the Coast of one or other Ally the said Ships Apparel Goods and Merchandizes and what shall be saved thereof or if out of foresight the said things being perishable have been sold and that the whole be reclaimed by the Owners or others who had the Charge thereof within a Year and a Day shall be restored without the form of a Process they being obliged only to pay a reasonable Charge and such as shall be regulated between the said Allies for the Right of Saving and in case of any Contravension to the present Article his Majesty and the said Lords the States General promise effectually to imploy their Authority to punish those of their Subjects with all possible Severity who shall be found guilty of these Inhumanities which to their great regret have been sometimes committed upon the like Occasions XXXVII His Majesty and the said Lords the States General shall not receive nor suffer their Subjects to receive in any of the Countries under their Obedience any Pirates and Free-booters whatsoever but they shall pursue punish and chase them out of their Ports and the Ships they had made Prey of as well as the Goods taken by the said Pirates and Rovers that shall be found in being shall forthwith and without Form of Law be freely restored to the Owners that do reclaim them XXXVIII The Inhabitants and Subjects both of the one and the other Party may every-where in the Territories under the Obedience of the said King and said Lords the States General make use of such Advocates Attornies Notaries and Sollicitors as they think good to whom also they shall be appointed by the ordinary Judges when there is occasion and that the said Judges are required to do it and the said Subjects and Inhabitants on either side shall be free in such Places where they make their Aboad to keep their Books of Trade and Correspondence in such Language as they please without their being upon that Account disquieted or molested XXXIX No Consuls for the future shall be allowed to be on either side and if it be thought convenient to send Presidents Agents Commissioners or others to either's Country they shall not fix their Aboad in any place but where the Court does ordinarily reside XL. His Majesty and the said Lords the States General do not allow of any Man of War or other Vessel fitted out by the Commission and for the Service of any Prince Republick or City whatsoever shall come and make Prize in the Ports Havens or other Rivers which belong unto them of any Ship belonging to the one or the other Party and in case any such thing should happen his said Majesty and the said Lords the States General will imploy their Authority and Power to cause restitution or reasonable reparation to be made for the same XLI If through Inadvertency or otherwise any Non-observances or Contraventions should happen in the present Treaty on the part of his said Majesty or of the said Lords the States General and their Successors the same shall not cease to continue in full force without their coming upon that account to a breaking of the Confederacy Friendship and good Correspondence but the said Contraventions shall be forthwith rectified and if the same do proceed from the fault of some particular Subjects they alone shall be punished and chastised XLII And that Commerce and Amity between the Subjects of the said King and those of the said Lords the States General of the United Provinces of the Low Countries may be
said Prizes and Damages which shall be made on either side after the Terms prefixed shall be accounted for and whatever shall be so taken shall be restored with a Compensation made for all Damages that may arise thereby IV. All Letters of Mart or Reprizals which may have been granted heretofore for any Cause whatsoever are declared Null and cannot hereafter be granted by any of the said Allies to the Prejudice of the other's Subjects if it be not only in case of a manifest Denial of Justice which yet cannot be taken for granted if his Petition who makes a Demand of the said Reprizals be not communicated to the Minister that shall be upon the Place on the part of that State against whose Subjects they ought to be granted to the end that in the space of four Months or sooner if possible he may inform himself to the contrary or procure that Justice be done as required V. His Majesty's particular Subjects are not to be Sued or Arrested as to their Persons or Goods for any thing that may be owing from His Majesty nor the particular Subjects of the said Lords the States General for the publick Debts of the said States VI. The Subjects and Inhabitants of the Countries under his Majesty's Obedience and of the Lords States General shall Live Converse and keep Company one with another with all good Friendship and Correspondence and mutually enjoy the liberty of Commerce and Navigation in Europe in all the Bounds of each others Country of all sorts of Merchandizes and Wares whereof the Commerce and Transportation is not generally and universally Prohibited to all as well Subjects as Strangers by the Laws and Constitution of either of the States VII And for this end his Majesty's Subjects and those of the Lords States General of the United Provinces may freely and without Interruption frequent with their Ships and Merchandizes the Countries Lands Towns Ports Places and Rivers that belong to either States to carry thither and Sell the same to all sorts of Persons without distinction to Buy Traffick and Transport all kinds of Merchandizes whose Importation or Exportation and Transport is not forbidden to his Majesty's Subjects and those of the States General without that this Liberty ought to be reciprocally prohibited limited or restrained by any Priviledge Commission or particular Grant and without its being lawful for either the one or the other to concede or bestow upon their Subjects any Immunities Benefits free Gifts or other Advantages above those of the other or to their Prejudice and without the said Subjects being obliged on either side to pay greater or other Customs Charges Gabels or Impositions whatsoever laid upon their Persons Goods Wares Ships or Fraughts directly or indirectly under whatever Name Title or Pretence it may be above those which shall be paid by the proper and natural Subjects both of the one and the other Party VIII The Subjects of the States General are not to be treated otherwise or in a worse manner in respect to the Custom due for Anchorage Paris Sol and all other Charges and Impositions however denominated whether under the Title of the Custom of Strangers or otherwise without any Exception or Reserve than the Subjects themselves of his most Christian Majesty who are not Freemen of the said Places where the said Customs are raised IX As to what concerns the Levant Trade into France and the Twenty per Cent. which is raised upon that Account the Subjects of the States General of the United Provinces shall also enjoy the same Liberty and Immunity as the most Christian King's Subjects so far that it shall be lawful for the said Subjects of the States General to carry Merchandizes into the Levant Marseilles and other free Ports in France as well in their own Bottoms as in French Vessels and that neither upon the one nor the other Account shall the said Subjects of the States General be liable to the said Twenty per Cent. but in such Cases only wherein the French themselves are liable who carry Merchandizes in their own Vessels to Marseilles or other free Ports and when this same shall effect no alteration to the Prejudice of the said Subjects of the said States General X. It shall be lawful for the Subjects of the States General to import enter and sell both in France and the New Conquests with all freedom and without any molestation pickled Herring without distinction and without being obliged to Pack them again and notwithstanding all the Edicts Declarations and Orders of Council that have been made to the contrary and particularly those of July the 15th and 14th of September 1687. whereby it 's prohibited to import or bring into the Ports of France or New Conquests any Herring otherwise than in Pickle and salted with Brovage Salt and enjoyned that the said Herrings be brought into the Sea-Ports pickled in Barrels eighteen whereof should make twelve of packed Herring which Arrests shall be revoked and remain of none effect XI The Subjects both of the one and the other Nation shall have a reciprocal Dispatch of their Business at the Custom-house or Offices as well in France as in the Countries of the States General equally and without any distinction as soon as possibly can be without retarding of or working any impediment to them whatsoever XII There shall be a new Tariff established that is common to both and pursuant to both their conveniences in the space of three Months and in the mean time the Tariff of 1667. shall be executed by way of provision and in case they do not agree upon a new Tariff within the said space of time the Tariff of 1664. shall take place for the future XIII The Men of War both of the one and the other Nation shall always find the Roads Rivers Ports and Havens free and open to come in go out and ride at anchor so long as they shall have occasion without being obliged to be visited but yet this Freedom is to be used with Discretion that they may administer no Matter of Jealousie by too long and affected an aboad or otherwise to the Governors of the said Places and Ports to whom the Captains of the said Ships are to give the Reason of their Arrival and Stay XIV His Majesty's and the said Lords States Generals Men of War and those of their Subjects that may be fitted out for War may with all manner of freedom carry off the Prizes which they may have taken from their Enemies whithersoever they please without their being obliged to pay any Customs whether to the Admirals or Admiralty or any other And also the said Ships or said Prizes when they enter into any Havens or Ports belonging to his Majesty or the States General cannot be stopped or seized neither must any of the Officers in the said Places pretend to take an Estimate of the Value of the said Prizes which may go out and be conducted freely and with all manner of
liberty to the Places implied in the Commissions which the Captains of the said Men of War are obliged to shew And on the contrary There shall no Refuge nor Retreat be allowed in their Ports or Havens to those Ships that have made Prizes of such as have belonged to his Majesty or the said Lords the States Generals Subjects but in case they put in through Stress of Weather or Danger at Sea they must be obliged to go out as soon as possible can be XV. The Subjects of the said Lords the States General are not to be reputed Aubains in France and are exempted from the Law of Aubain and may dispose of their Estates by Will Gift or otherwise and their Heirs continuing to be Subjects to the States General as well in France as else where may receive their Succession even ab intestato altho' they have obtained no Letters of Naturalization and yet the effect of this Concession is not to be hindred or contested under pretence of any Right or Prerogative of the Provinces Cities or private Persons but they may in like manner without the said Letters of Naturalization establish themselves with all freedom in any of the Cities of the Kingdom there to carry on their Commerce and Traffick yet without acquiring any right of being Citizens there without they have obtained Letters of Naturalization from his Majesty in due Form and all those of the United Provinces shall be generally in every thing and throughout as favourably treated as his Majesty 's own natural Subjects and particularly shall not be included in the Taxes which may be laid upon Strangers And all that is contained in the present Article shall be observed in reference to the King's Subjects living in those Countries that are under the Obedience of the said States General XVI Those Ships that are laden by one of the Allies and passing near unto the others Coast or are forced into the Roads or Ports by contrary Winds Storms or otherwife shall not be forced to unlade or sell their Merchandizes there or part of the same nor be obliged to pay any Customs without they unlade their Merchandizes in that Place voluntarily and of their own free-will XVII The Masters of Ships their Pilots Officers and Soldiers Seamen and other seafaring Men the Ships themselves with the Wares and Merchandizes wherewith they are laden are not to be seized nor stopped by vertue of any general or private Order whatsoever or for any Matter or Cause that can be assigned no nor under the pretence of the Preservation and Defence of the State and generally nothing can be taken from the Subjects of either Party but by the Consent of those to whom it belongs and by paying the things which shall be desired of them wherein however it s not meant that this should take in those Seizures and Arrests that are made by Order and Authority of Justice and the ordinary Courses and for just Debts Contracts and other lawful Causes upon the Account of which process shall be made by way of Right according to the form of Law XVIII All the Subjects and Inhabitants of France and the United Provinces may with all freedom and safety sail with their Ships and traffick with their Merchandizes without any distinction who may be the Owners thereof from their own Ports Kingdoms and Provinces as also from the Ports and Kingdoms of other States or Princes towards such Places as belong to those who are already declared Enemies as well of France as the United Provinces or of one of the two or which may become to be so As also the same Subjects and Inhabitants may with the same freedom and security sail with their Ships and traffick with their Merchandizes without making any distinction who may be the Proprietors of the same from the Places Ports and Roads of those who are Enemies to the one and the other of the said Parties or to one of the two in particular without contradiction or disturbance whatsoever not only directly from the said Places of the Enemy unto a neutral Port but also from one Enemies Place unto another whether the same be found scituated under the Jurisdiction of the same Sovereign or belong unto several XIX This Traffick and Transporting of Merchandize extends unto all sorts but such as are contraband Goods XX. Among that sort of Merchandizes which are esteemed Contraband are only to be comprized all sorts of fire Arms and things of that kind such as Cannons Muskets Morters Petards Bombs Granadoes Sawsages Carriages Forks Bandeliers Powder Match Saltpeter Balls Pikes Swords Head-pieces Curasses Halberts Javellins Horses Saddles Cases of Pistols Belts and other Utensils of War XXI Under this sort of contraband Goods they are not to include Wheat Corn and other Grain Oyls Wines and Salt nor generally any thing that appertains to the sustenance and support of Life but they shall remain free as all other Merchandizes and Wares that are not comprehended in the foregoing Article and the Transporting thereof is allowable even to those Places that are Enemies to the said Lords the States excepting to such Cities and Places as are beseiged blocked up or invested XXII In order to the executing of what is aforesaid it hath been agreed to be done in the following manner that when those Ships and Barks belonging to his Majesty's Subjects come laden into any of the Havens belonging to the said Lords the States and are minded to go from thence to those of their Enemies they shall be obliged only to shew to the Officers belonging to the Ports of the said Lords the States from whence they depart their Past-ports containing a particular Account of their Ships Lading attested and signed with the usual Hand and Seal and viewed by the Officers of the Admiralty of those Places from whence they first parted with a declaring of the Place whither they are bound all being done according to the ordinary and usual Form upon which exhibition of their Past-ports in the Form aforesaid they are not to be disquieted nor farther called to an account detained nor retarded in their Voyages under any Pretence whatsoever XXIII The same thing is to be done in respect to the French Ships and Barks that put into some Roads belonging to the Territories under the Obedience of the said Lords the States without entring into the Ports or if they go in yet have no mind to unlade and break their Cargoes of which they are not obliged to give an Account unless it be that there is a suspition lest they should carry Contraband-goods to the Enemies of the said Lords the States as has been said before XXIV And upon an apparent cause of Suspition in this Matter the said Subjects are obliged to shew in the Ports their Past-ports drawn according to the Form before specified XXV But if they should enter within the Roads or meet with some Ships of the Lords the States out at Sea or some private Vessels the said Ships of the United
the better established for the future It has been agreed and concluded on that if any interruption of Friendship or Rupture between the Crown of France and the said Lords the States General of the said United Provinces should hereafter happen which God forbid there shall be always nine Months allowed to commence from the time of the said Rupture for the Subjects on either part to withdraw their Effects and transport them whither they please which shall be lawful for them to do as well as to sell or transport their Goods and Movables with all freedom without giving them any let or molestation or proceeding during the said Term of nine Months to any seizure of their Effects much less to arrest their Persons XLIII Both the one and the other Party shall prevent as much as in them lies whatever may any manner of way either directly or indirectly hinder the execution of the present Treaty and especially the seventh Article and they do oblige themselves upon the least Complaints of any Contraventions that shall be made to make reparation without any delay XLIV The present Treaty concerning Commerce Navigation and Maritime Affairs shall endure for five and twenty Years to commence from the Day of the signing thereof and the Ratifications of it shall be made in due form and exchanged on either part in the space of three Weeks reckoning from the Day of signing or sooner if it can be done XLV And for the greater Confirmation of this Treaty of Commerce and of all the Points and Articles contained therein the said present Treaty shall be published verified and registred in the Court of Parliament of Paris and in all other Parliaments throughout the Kingdom of France and the Chamber of Accounts of the said City of Paris and also the said Treaty shall in like manner be published verified and registred by the said Lords the States General in the Courts and other Places where they have been wont to make the like Publications Verifications and Registrings The Form of the Past-ports and Letters that ought to be given by the Admiralty of France to the Ships and Barks that go out pursuant to the Articles of the present Treaty LOVIS Count of Thoulouse Admiral of France to all those to whom these present Letters shall come Greeting Be it known that we have given Leave and Permission to 〈…〉 the Master and Conductor of the Ship called 〈…〉 of the City of 〈…〉 of the Port 〈…〉 Tuns or thereabouts being at present in the Port and Haven of 〈…〉 to go to 〈…〉 laden with 〈…〉 after his Ship has been visited and he before his departure taken the Oath in the presence of such Officers as exercise Jurisdiction over Maritime Affairs that the said Ship appertains to one or more of his Majesty's Subjects the manner whereof shall be subjoyned next after these Presents and that he will keep and cause to be kept by those that make up his Equipage the Maritime Orders and Regulations and commit the Roll signed and verified to be registred which contains the Names and Sirnames Birth and Aboad of the Men that compose his Crew and of all such as go on board him whom he cannot imbark without the knowledge and permission of the Officers that are appointed to manage the Maratime Affairs and to whatever Port or Haven he shall enter with his Ship he shall shew to such Officers and Judges as have the Inspection of Maritime Affairs the present Leave and give a faithful Account unto them of what hath hapned during his Voyage and he shall carry the King's Flags Arms and Ensigns as also ours during his Voyage In witness whereof we have set our Hand and Seal unto these Presents and have caused the same to be Counter-signed by our Marine Secretary at 〈…〉 Day of 〈…〉 thousand six hundred Signed Louis Count of Thoulouse and a little lower by A Form of the Act that contains the Oath WE 〈…〉 of the Admiralty of 〈…〉 do certifie That 〈…〉 the Master of the Ship named 〈…〉 with the above-mentioned Past-port hath taken the Oath mentioned therein Given at 〈…〉 the 〈…〉 Day of 〈…〉 Another form of Letters that should be given by the Cities and Sea-ports of the Vnited Provinces to the Ships and Barks that go out from thence according the fore-said Article TO the most Serene most Illustrious most Puissant Honourable and Prudent Lords Emperors Kings Republicks Princes Dukes Counts Barons Lords Burgomasters Sherriffs Councellors Judges Officers Justices and Governours of all good Cities and Places as well ecclesiastical as secular who shall see or read these Presents We the Burgomasters and Rulers of the City of 〈…〉 make known that 〈…〉 the Master of the Ship 〈…〉 appearing before us hath declared upon solemn Oath that the Ship named 〈…〉 of about 〈…〉 lasts over which he is at present Master appertains to the Inhabitants of the United Provinces so help him God And as we are desirous that the said Master of the Ship should be assisted in his lawful Affairs we do intreat all Persons in general and particular where the said Master with his Ship and Goods shall arrive that they would be pleased to receive him kindly and treat him becomingly by suffering him according to the usual Rights of Toles and Customs to be in by and near your Ports Rivers and Dominions by leaving him to sail pass frequent and trade where he thinks fit which we will readily acknowledge In Witness whereof we have affixed our City-Seal hereunto In Witness whereof we his Majesty's above-mentioned Embassadors and those of the Lords the States General by vertue of our respective Powers have in the said Names signed and sealed these Presents with our own Hands and Seals at Reswick the 20th of September 1687. Thus signed L. S. N. A. de Harlay Bonneuil L. S. Verjus de Crecy L. S. De Callieres L. S. A. Heynsius L. S. E. de Weede L. S. W. v. Haren The separate Article BEsides what has been agreed and concluded on by the Treaty of Commerce made between his most Christian Majesty's Embassadors and those of the Lords the States General of the United Provinces this twentieth Day of September 1697 It has been farther agreed by this present separate Article which shall be of the same Vertue and Force as if it had been incerted word forword in the said Treaty That the Imposition of fifty Sols per Tun setled in France upon Forreign Ships shall for the future entirely cease in respect to those Ships that appertain to the Subjects of the States General of the United Provinces and may not hereafter be re-established and this in such a manner that the Ships of the said Lords the States General shall be discarged of the said Tax whether the said Ships go directly for France from the Countries or Territories of the said Lords the States General or from any other Place whatsoever whether the same be Laden or in Ballast or whether also they be Laden for to
A TREATY OF Commerce Navigation AND Marine Affairs Concluded and Agreed on at RESWICK BETWEEN His Most Christian Majesty's Embassadors and Plenipotentiaries on the one part AND The Embassadors and Plenipotentiaries of the Lords the States General of the United Provinces of the Netherlands on the other WITH Some Account of the Proceedings since between the French and Dutch Commissioners relating to the TARIFF Never before in English Translated from the Dutch and French Copies LONDON Printed and Sold by A. Baldwin near the Oxford-arms in Warwick-lane MDCXCIX TO THE READER THE Business of setling the Tariff between Holland and France has been so long in agitation so generally talked of and yet so little understood as to the essential Grounds thereof that it has been thought a Work not unacceptable to the Publick to give a clear View of it and since the same can appear no where so well as in the distinct Treaty of Commerce and Navigation that has been some time since concluded between the said Nations which has never yet been exposed in English we have thought fit to publish the same in the full Extent of it with the separate Article relating to the Imposition of fifty Pence per Tun upon Strangers about which the main of the Contest has been whereby it will appear how Just and Equitable the Dutch Pretentions are and that it 's a meer Sham for their Opponents to say They understood not what they did when they agreed to it as it may be of some good use to our selves when we come to treat about Trade with that Nation who by what has followed in consequence to the ensuing Treaty can never be bound too fast A Treaty of Commerce Concluded and Agreed upon at RESWICK in HOLLAND ON The 20th of September 1697. BETWEEN His Most Christian Majesty's Embassadors and Plenipotentiaries on the one part AND The Embassadors and Plenipotentiaries of the Lords States General of the United Provinces of the Netherlands on the other THE Treaty of Peace that has been concluded this Day between the most Christian King and the Lords States General of the United Provinces having put a final Period to all the Causes of Discontent which for some time past had alienated the Affection which his most Christian Majesty has always had for their Good and Prosperity according to the Example of the Kings his Predecessors and the said Lords the States General returning also to the same Desires which they have heretofore testified for the Grandeur of France and into the Sentiments of a sincere Acknowledgment of all the Obligations and considerable Advantages which they have formerly received His Majesty being unwilling to obstruct any thing that may confirm it and the said States General being no less desirous to perpetuate the same have thought there could be no better and more assured Means pitch'd upon to effect it than by establishing a free and perfect Correspondence between their Subjects both on the one side and t'other and for that purpose to regulate their particular Interests in point of Commerce Navigation and Maritime Affairs by the most proper Laws and Agreements that can be for the prevention of all the Inconveniencies that may lessen a good Correspondence between them His said Majesty in compliance with the Desires of the said States General appointed the Sieur Nicholas Augustus de Harlay Knight Lord of Bonneuil Count of Celi Councellor in Ordinary to his Majesty in his Council of State the Sieur Lovis Verjus Knight Count of Crecy the King's Councellor in Ordinary in his Council of State Marquess of Treon Baron of Couvay Lord of Boulay of the two Churches of Fortisle of Mevillet c. and the Sieur Francis de Callieres Lord of Callieres la Roche Chellay and Gigny to be his Majesty's Embassadors Extraordinary and Plenipotentiaries in the Assembly for the Negotiation of the Peace And the said Lords the States General the Sieurs Antony Heinsius Councellor and Pensionary of the States of Holland and West-Friesland Keeper of the Great Seal and Superintendant of the Fiefs Everhard de Weede Lord of Weede Dijckvelt Rateles c. Lord Proprietor of the Town of Oudewater Dean and Rector of the Imperial Chapter of St. Mary at Vtrecht Dijck-Grave of the River Rhine in the Province of Vtrecht President of the States of the said Province and William de Haren Grietman of Bilt the Nobilities Deputy of the States of Friesland and Curator of the University of Franeker Deputies in their Assembly on the part of the States of Holland Vtrecht and Friesland to Confer and Agree upon a Treaty of Commerce and Navigation in the following manner by Vertue of their Powers respectively produced by them the Copies whereof you have hereafter inserted I. THE Subjects of his Majesty and of the Lords the States General of the United Provinces of the Netherlands shall reciprocally enjoy the same Liberty in point of Commerce and Navigation which they have already had before this War in all the Kingdoms States and Provinces of the one and the other Party II. And thus they shall not for the future exercise any sorts of Hostilities or Violences against each other either by Sea or Land or in Rivers Roads and fresh Waters under any Name or Pretence whatsoever and moreover the Subjects of his said Majesty cannot take any Commissions for particular Ships or Letters of Reprizal from any Princes or States who are Enemies to the said Lords the States General and neither trouble nor damnifie them any manner of way by Vertue of such Commissions or Letters of Reprizal nor even to rove with them upon the Sea under the Penalty of being prosecuted and punished as Pirates which shall be reciprocally observed by the Subjects of the United Provinces in respect to his Majesty's Subjects and to this end there shall be most express and apposite Prohibitions published and renewed as often as there shall be occasion on either part that they shall by no means make use of such Commissions or Letters of Reprizals under the fore-mentioned Penalties which shall be severely executed upon all Offenders in that kind besides an entire Restitution to be made to those who have received the Damage III. And in order to obviate as much as is possible all those Inconveniences that may arise by the taking of Prizes through Inadvertency or otherwise and more especially in remote Parts it hath been agreed That if any such Prizes on either side shall be made in the Baltick Sea or that of the North from Torneuse in Norway to the end of the Channel in the space of four Weeks or from the end of the said Channel to the Cape of St. Vincent in the space of six Weeks and from thence in the Mediterranean Sea and as far as the Line in the space of ten Weeks and on the other side of the Line and all other parts of the World in the space of eight Months the same to be computed from the publication of these Presents the
unload in one or more Places in France or else that being minded to take in Lading in such Places whither they have an intention to go and not finding any there they go to other Places for their Supply or whether also the said Ships of the Subjects of the Lords the States General go out of the Ports of France in order to return Home or go elsewhere in what Places soever they may be laden or empty Whether again they have taken in their Lading in one or more Places since it has been agreed on that neither in the said Cases nor any other which may happen shall the Ships belonging to the Subjects of the said Lords the States General be subject to the said Imposition but that they shall be and remain exempted there from as well in coming from as going into the said Ports of France saving only in the following Case to wit When the said Ships take in Merchandizes in France and Transport the same from one Port of France to another in the said Country in order to dispose of the same in which case only and upon no other Account are the Subjects of the said Lords the States General obliged to pay the said Custom as other Strangers do The present separate Article shall be Ratified and Registred in the same manner as the Treaty of Commerce In Witness whereof We his said Majesty's Embassadors and those of the Lords the States General by vertue of our respective Powers have in the said Names signed and sealed this separate Article with our own Hands and Seals at Reswick in Holland 20th of September 1697. Thus signed L. S. N. A. de Harlay Bonneuil L. S. Verjus de Crecy L. S. De Callieres L. S. A. Heynsius L. S. E. de Weede L. S. W. van Haren Here follows the full Powers of the most Christian King's Embassadors and Plenipotentiaries LEwis by the Grace of God King of France and Navarre to all those who may see these Presents Greeting As we more ardently desire nothing than to see the War wherewith Christendom is at present afflicted ended by a good Peace and seeing that by the Assiduity and Mediation of our most dear and most beloved Brother the King of Sweden the Towns of Delph and the Hague have been agreed upon by all Parties to be the Places where the Conferences necessary for that end are to be held we being moved by this same desire of stopping as much as in us lies with the assistance of Divine Providence the Desolation of so many Provinces and Effusion of so much Christian Blood make known That we putting an entire Confidence in the Experience Capacity and Fidelity of our beloved and faithful Councellor in Ordinary in our Council of State the Sieur Harlay de Bonnevil of our well-beloved the Sieur Verjus Count of Crecy Baron of Couvay Sieur of Boulay of the two Churches of Fortisle of Mevillet and other Places and of our well-beloved the Sieur de Callieres de la Roche-Chellay de Gigny by the advantageous Proofs which they have given us in divers important Imployments where-with we have entrusted them as well within as without our Kingdom by these Causes and other Considerations moving us thereunto we have entrusted ordered and deputed the said Sieurs de Harlay de Crecy and de Callieres and we do by these Presents signed with our own Hand Entrust Order and Depute and have and do give unto them full Power Commission and special Command to go into the said City of Delph in Quality of our Extraordinary Embassadors and Plenipotentiaries for the Peace and there to confer whether directly or by the interposition of the Embassadors Mediators respectively received and agreed upon with the Embassadors Plenipotentiaries and Ministers of our most dear and great Friends the States General of the United Provinces of the Low Countries and of their Allies who shall be all provided with sufficient Powers and there to treat upon the means how to terminate and appease the Differences that at this Day occasion the War and our said Plenipotentiaries may all three of them together or two of them in case of the absence of the other through Sickness or some other Impediment or one alone in the absence of the other two in the like case of Sickness or other Impediment agree and thereupon conclude and sign a good and firm Peace and generally negotiate promise and agree to whatever they shall think necessary for the effecting of the said Peace with the same Authority as we ourselves could or might do it were we there present in Person tho' there were somewhat therein that should require a more special Order than what is contained in these Presents promising upon the Faith and Word of a King to hold good and to fulfil all that the said Sieurs de Harlay Crecy and Callieres or any two of them in case of the others absence thro' Sickness or other Impediment or any one of them in the absence of the other two in the like case of Sickness or other Impediment shall stipulate promise or agree to and to dispatch our Letters of Ratification thereupon within the time they shall be promised in our Name to be produced for such is our Pleasure In Witness whereof we have fixed our Seal to these Presents Given at Versailles the 25th of February 1697 and of our Reign 54. Signed Lovis And upon the Fold was written By the King's Command signed Colbert Here follows the Tenour of the full Powers of the Embassadors and Plenipotentiaries of the Lords the States General THe States General of the United Provinces of the Low Countries to all those to whom these Presents shall come Greeting As we desire nothing more ardently than to see the War where-with Christendom is at present afflicted ended by a good Peace and that thro' the Care and Mediation of the most Serene King of Sweden Rijswick has been agreed upon by all Parties to be the place of holding the Conferences We being moved with the same desire of preventing as much as in us lies the desolation of so many Provinces and the effusion of so much Christian Blood are very desirous to contribute whatever depends upon us towards it and for this Purpose have in the said Assembly deputed some Persons of our own Body who have given several Proofs of the Knowledge and Experience they have in publick Affairs as well as the Affection they retain for the good of our State And as the Sieurs James Boreel Lord of Duynbeek Westhoven and Meresteyn Senator and Burgomaster of the City of Amsterdam and the deputed Councellor of the Province of Holland Everhard de Weede Lord of Weede Dijckvelt Rateles c. Lord Proprietor of Oudewater Dean and Rector of the Imperial Chamber of St. Mary of Vtrecht Dijk-Grave of the River Rhine within the Province of Vtrecht President of the States of the said Province and William de Haren Grietman of Bilt Deputy for the Nobility to
Fold it was written By the Order of the said Lords the States General It was signed F. Fagel and sealed with the Great Seal in Red Wax Here follows his most Christian Majesty's Ratification of the Treaty of Commerce Navigation and Marine Affairs LEwis by the Grace of God King of France and Navarre to all those to whom these Presents shall come Greeting As our well-beloved and faithful Councellor in Ordinary in our Council of State Nicholas Augustus de Harlay Knight Lord of Bonneuil Count of Cely our dear and well-beloved Lewis Verjus Knight Count of Crecy Marquess of Treon Baron of Couvay Lord of Boulay of the two Churches of Fortisle and of Mevillet and our dear and well-beloved Francis de Callieres Knight Lord of la Roche-Chellay and of Gigny our Embassadors Extraordinary and Plenipotentiaries by vertue of the full Powers we have given them have concluded finished and signed on the 20th of September last at Risswick with the Sieurs Antony Heinsius Councellor and Pensionary of the States of Holland and West-Friesland Keeper of the Great Seal and Superintendant of the Fiefs in the same Province Everhard de Weede Lord of Weede Dijckvelt and Rateles c. Lord Proprietor of the Town of Oudewater Dean and Rector of the Imperial Chapter of St. Mary at Vtrecht Dijck-Grave of the River Rhine in the Province of Vtrecht President of the States of the said Province and William de Haren Grietman of Bilt the Nobilities Deputy to the States of Friesland and Curator of the University of Franeker Deputies in their Assembly on the behalf of the States of Holland Vtrecht and Friesland in quality of Embassadors Extraordinary and Plenipotentiaries of our most dear and great Friends the States General of the United Provinces of the Low Countries in like manner furnished with full Powers the Treaty of Commerce Navigation and Marine Affairs Fiat Insertio We being satisfied with the said Treaty of Commerce Navigation and Marine Affairs in all and every of the Points and Articles that are contained and set forth therein have as well for our selves as for our Heirs Successors Kingdoms Countries Territories Seigniories and Subjects accepted approved ratified and confirmed do accept approve ratifie and confirm the same and fully promise upon the Faith and Word of a King under the Obligation and Pledge of all and every our Possessions at present and to come to keep and observe it inviolably without ever going or acting to the contrary either directly or indirectly in any manner whatsoever In witness whereof we have signed these Presents with our own Hand and caused it to be sealed with our Seal Given at Fountainbleau the 3d of October Anno 1697 and of our Reign fifty five It was signed Lovis and a little lower By the King's Command Signed Colbert Here follows the Ratification of the Lords the States General of the Vnited Provinces of the Low Countries of the Treaty of Commerce Navigation and Marine Affairs THe States General of the United Provinces of the Low Countries to all those to whom these Presents shall come Greeting As there has been on the 20th of September this present Year 1697 A Treaty of Commerce Navigation and Marine Affairs agreed and concluded at Rijswick in Holland by the Sieur Nicholas Augustus de Harlay Kt. Lord of Bonneuil Count of Celi Councellor in Ordinary to his most Christian Majesty in his Council of State the Sieur Lovis Verjus Knight Count of Crecy Councellor in Ordinary to the King in his Council of State Marquess of Treon Baron of Couvay Lord of Boulay of the two Churches of Fortisle of Mevillet and other places and the Sieur Francis de Callieres Knight Lord of Callieres la Roche-Chellay and Gigny his most Christian Majesty's Embassadors Extraordinary and Plenipotentiaries in the Assembly at Rijswick in the Name and on the Part of his said Majesty And by the Sieurs Antony Heinsius Councellor and Pensionary of the States of Holland and West-Friesland and Keeper of the Great Seal and Superintendant of the Fiefs in the said Province Everhard de Weede Lord of Weede Dijckvelt Rateles and other places Lord Proprietor of the Town of Oudewater Dean and Rector of the Imperial Chapter of St. Mary at Vtrecht Dijk-Grave of the Rhine in the Province of Vtrecht President of the States of the said Province and William de Haren Grietman of Bilt the Nobilities Deputy to the States of Friesland and Curator of the University of Francker Deputies in our Assembly for the States of Holland Vtrecht and Friestand our Embassadors Extraordinary and Plenipotentiaries in the said Assembly of Rijswick in our Name and on our Part and by Vertue of their respective full Powers of which Treaty the Tenour follows Fiat Insertio And forasmuch as the Contents of the said Treaty doth import That the Ratifications of the same should be executed in due form and exchanged on either part in the space of three Weeks or sooner if it could be done computing it from the Day of signing we being very desirous to give Instances of our Sincerity and to discharge our Word which our said Embassadors have given for us have allowed approved and ratified the said Treaty and every Article thereof afore transcribed as we do allow approve and ratifie it by these Presents promising in good Faith and Sincerity to keep maintain and observe it inviolably Point by Point according to the Tenour and Form thereof without ever going or acting to the contrary either directly or indirectly in any sort or way whatsoever In witness whereof we have caused these Presents to be signed by the President of our Assembly countersigned by our Secretary and affixed our Great Seal thereunto Given at the Hague Octob. 10. 1697. Here follows his most Christian Majesty's Ratification of the separate Article LEwis by the Grace of God King of France and Navarre to all those to whom these Presents shall come Greeting Having seen and examined the separate Article which our well-beloved and faithful Councellor in Ordinary in our Council of State Nicholas Augustus de Harlay Knight Lord of Bonneuil Count of Celi our most dear and well-be-loved Lovis Verjus Knight Count of Crecy Marquess of Treon Baron of Couvay Lord of Boulay of the two Churches of Fortisle and of Mouillet and our dear and well-beloved Francis de Callieres Kt. Lord of la Roche-Chellay and Gigny our Embassadors Extraordinary and Plenipotentiaries by Vertue of the full Powers we have given them have concluded agreed and signed on the 20th of September last at Rijswick with the Sieurs Antony Heinsius Councellor and Pensionary of Holland and West-Friesland Keeper of the Great Seal and Superintendant of the Fiefs Everhard de Weede Lord of Weede Dickvelt Rateles c. Lord Proprietor of the Town of Oudewater Dean and Rector of the Imperial Chapter of St. Mary at Vtrecht Dijck-Grave of the Rhine in the Province of Vtrecht and President of the States of the said Province and William de Haren Grietman of Bilt the Nobilities Deputy to the States of Friesland and Curator of the University of Franeker Deputies in their Assembly for the States of Holland Vtrecht and Friesland in the quality of Embassadors Extraordinary and Plenipotentiaries of our most dear and great Friends the States General of the United Provinces of the Low Countries in like manner furnished with full Powers of which separate Article the Tenour follows Fiat Insertio We being satisfied with the said separate Article in all the Contents thereof have allowed approved and ratified and do allow approve and ratifie the same by these Presents signed with our own Hand promising in the Faith and Word of a King to accomplish and observe and cause the same to be observed sincerely and in good truth without ever suffering either directly or indirectly the violation thereof for any Cause and upon any Account whatsoever In Witness whereof we have signed these Presents and set thereunto our Seal Given at Fountainbleau the 3d of October in the Year of Grace 1697. and of our Reign fifty five It was signed Lovis a little lower By the King's Command Signed Colbert Here follows the Ratification of the Lords the States General of the Vnited Provinces of the Low Countries of the separate Article THe States General of the United Provinces of the Low Countries to whom these presents shall come Greeting Seeing it is so that besides the Treaty of Commerce that was agreed and concluded at Rij●wick in Holland on the 20th of September this Year 1697 there was also a separate Article made by the Sieur Nicholas de Harlay Knight Lord of Bonneuil Count of Celi Councellor in Ordinary to his most Christian Majesty in his Council of State the Sieur Louis Verjus Knight Count of Crecy Councellor in Ordinary to the King in his Council of State Marquess of Treon Baron of Couvay Lord of Boulay of the two Churches of Fortisle of Meuillet and other Places and the Sieur Francis de Callieres Knight Lord of Callieres de la Roche-Chellay and of Gigny his most Christian Majesty's Embassadors Extraordinary and Plenipotentiaries in the Assembly at Rijswick And by the Sieur Anthony Heinsius Councellor and Pensionary of the States of Holland and West-Friesland Keeper of the Great Seal and Superintendant of the Fiefs of the said Province Everhard de Weede Lord of Weede Dijckvelt Rateles and other Places Lord Proprietor of the Town of Oudewater Dean and Rector of the Imperial Chapter of St. Mary at Vtretcht Dijck-Grave of the Rhine within the said Province President of the States of the said Province and William de Haren Grietman of Bilt the Nobilities Deputy to the States of Friesland and Curator to the University of Franeker Deputies in our Assembly at Rijswick in our Name and on our Part by Vertue of their respective full Powers of which separate Article the Tenour follows Flat Insertio We being satisfied with the said separate Article have approved and ratified it and do allow approve and ratifie the same by these Presents as much as if it were inserted in the said Treaty of Commerce promising inviolably to keep maintain and observe all that is contained therein without ever going or acting either directly or indirectly to the contrary under any pretence whatsoever In Witness whereof We have caused these Presents to be signed by the President of our Assembly countersigned by our Secretary and affixed our Great Seal thereunto Given at the Hague Octob. 10th An. 1697. FINIS