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
into the Registry a List Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall shew the Officers and Marine Judges this his present Licence and having finished his Voyage shall make faithful relation of what hath been done and hath passed during all the time of his said Voyage and shall carry the Flags Arms and Colours of his Majesty throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed And underneath By _____ and Sealed with the Seal of the Arms of the said High Admiral A Form of the Act containing the Oath to be taken by the Master or Captain of the Ship WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Given at _____ the day of _____ One thousand six hundred c. In testimony whereof we have hereunto set our Hands The Form of the Certificates that ought to be given by the Burgomasters of the Cities and Sea-Ports of the United Provinces to the Ships and Vessels that go from thence according to the Eighth Article abovesaid TO the Most Serene Most Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Commonwealths Princes Dukes Comtes Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomastersand Governors of the City of _____ do certifie That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the Vnited Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you and every of you where the abovesaid Master shall arrive with his Ship and Goods that you will please to receive him courteously and use him kindly admitting him upon paying the usual Dues Tolls and other Customs to enter into remain in and pass from your Ports Rivers and Territories and there to Trade Deal and Negotiate in any Part or Place in such sort and manner as he shall desire Which we shall most readily acknowledge in the like occasion In witness whereof We have caused the Seal of Our City to be thereunto put In Witness and Confirmation of all and every part whereof We the Commissioners of His said Majesty the King of Great Britain and of the said Lords the States General having sufficient Power given us thereunto have Signed these Tables and Sealed them with our Seals At the Hague in Holland the 17. of Febr. in the Year One thousand six hundred sixty eight De Gellicum B. d' Asperen John de Witt Van Crommon G. Hoolck V. Vnckell Jan. Van Isselmuden L. T. Van Starckenborck A Treaty of Friendship and Commerce between His Majesty of Great Britain c. and the Most Serene Prince the Duke of Savoy Concluded at Florence the 19th day of September 1669. The Instrument of Commerce with the Duke of SAVOY THe convenient Situation of the Port of Villa Franca in the Mediterranean Sea and the Capacity of the same together with the Security of it in all respects have been efficacious Motives to His Most Serene Highness the Duke of Savoy for the Exhibiting and Pronouncing the same Free to the whole World with a Belief that it might in time prove advantageous to the Publick and to His Royal Highness in particular But it so falling out that the vigour of things which are established by the best Counsel in process of time are rendred languid and subject to mutation It has therefore pleased His Royal Highness not only to reconfirm the Free State and Condition of his Port But over and above to offer the same to His Majesty of Great Britain c. encreased with new Priviledges and augmented with inviolable Capitulations To these Motives a most valid and reciprocal Inducement joyns it self To wit the Luxuriant Fertility of Soil which is obvious in the Kingdoms and other Plantations which are under the Dominion of His Majesty of Great Britain c. As also in the Dominions of His said Royal Highness which superfluity since it is so properly and naturally transmitted and emptied into the mutual Territories with the reciprocal fruit and advantage of the Subject 'T was easie for both Princes between whom there passed long since the Tyes of an Ancient Friendship confirmed by repeated Alliances and by late conjunction in Bloud to entertain thoughts of superadding the new Tye of mutual Commerce by which they might upon the score of advantaging their Subjects further Oblige and reciprocally Engage themselves to each other To this end and purpose it has pleased His Most Excellent Majesty by His Letters Patents under the Great Seal of England to constitute Sir John Finch Knight now Resident for His Majesty of Great Britain with the Great Duke of Tuscany His true and lawful Attorney with a Plenipotentiary Power as appears out of the Letters Patents themselves And to the same intent and purpose His Royal Highness has thought good to invest with the same Power and Authority Signor Joseph Maurice Philippone His Counsellor Auditor and Procurator General of His Revenue As is likewise apparent from the Letters Patents of His Royal Highness Both which Plenipotentiaries after several Meetings have finally Concluded as follows ARTICLES COVENANTED I. FIrst The Peace Confirmed Since Commerce was always the Companion of Peace That Peace which for many Years was never interrupted by War is now Ratified Established and Confirmed between the Most Potent Monarch CHARLES the Second King of Great Britain c. and His Royal Highness CHARLES EMANVEL the Second of that Name Duke of Savoy c. Both whose Subjects are obliged as well by Sea as Land upon all occasions to perform to each other all Actions of mutual Civility and Kindness II. Secondly It shall be permitted to English to Import freely all sorts of Goods and Land them without Confiscation or Imposition and lawful for all sorts and kinds of Ships and Vessels belonging to his Majesty the King of Great Britain c. or any of his Subjects to conduct and bring into the Ports of Villa Franca Nizza or S. Hospitio all things whatsoever or all kinds of Merchandise whether produced by Nature or made by Art in any part of the World All which things or Merchandise so brought shall freely and lawfully by the Captains or Masters or any
to the Form which shall be inserted at the end of this Treaty whereby not only the Ships Lading but the Place to which she belongs and as well the Master and Owners Name as the Name of the Ship may appear by which means the quality of the Ship and her Master or Owner will be sufficiently known as also the Commodities she carries whether they be Contraband or not to the which Passports and Sea-Letters intire faith and credit shall be given so much the rather for that as well on the part of the King of England as of the King of Spain some Counter-signs shall be given if it shall be found necessary whereby their authenticalness may the better appear and that they may not be in any wise falsified XV. If any prohibited Merchandise or Goods shall be Exported from the Kingdoms Prohibited Goods Exported to be Confiscated Dominions and Territories of either of the said Kings by the respective People or Subjects of the one or the other in such case the prohibited Goods shall be onely Confiscated and not the other Goods neither shall the Delinquent incur any other Punishment except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain the proper Coin Wooll In case Coin Wooll or Fullers-Earth be Exported the Laws of the Country to take place or Fullers-Earth of the said Kingdoms or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any Gold or Silver wrought or unwrought in either of which cases the Laws of the respective Countreys are to take place XVI That it shall be lawful for the People and Subjects of both Kings Ships to remain freely in each others Ports and depart again to have access to the respective Ports of the one and the other and there remain and depart again with the same freedom not onely with their Ships and other Vessels for Trade and Commerce but also with their other Ships fitted for War Armed and disposed to resist and engage the Enemy and arriving by stress of Weather to repair their Ships or furnish themselves with Provisions so that entring willingly they be not so numerous that they give just occasion of suspition to which end they are not to exceed the number of Eight nor continue in their Havens nor about their Ports longer time then they shall have just cause for the repair of their Ships to take in Provisions or other necessary things much less be the occasion of interrupting the free Commerce and coming in of other Ships of Nations in Amity with either King Concerning Men of War coming into Ports and when an unusual number of Men of War by accident shall come unto any Port it shall not be lawful for them to come into the said Ports or Havens not having first obtained permission of the King unto whom the said Ports do belong or the Governours of the said Ports if they be not forced thereinto by stress of Weather or other necessity to avoid the danger of the Sea and in such ease they shall presently acquaint the Governour or chief Magistrate of the Place with the cause of their coming nor shall they remain there any longer time then the said Governour or Magistrate shall think convenient or do any act of Hostility in such Ports that may prove of prejudice to the one or the other of the said Kings XVII That neither the said King of Great Britain nor the King of Spain by any Mandate general nor particular nor for any cause whatsoever shall Embarque or detain hinder or take for his respective Service No Merchants Pilots c. to be Pressed any Merchant Master of a Ship Pilot or Mariner their Ships Merchandise Clothes or other Goods belonging unto the one or the other in their Ports or Waters if it be not that either of the said Kings or the Persons to whom the Ships belong be first advertised thereof and do agree thereunto Provided that this shall not be construed to hinder or interrupt the ordinary course of Justice and Law in either Country XVIII That the Merchants and Subjects of the one and the other King their Factors and Servants Merchants Seamen c. to have liberty to carry Arms. as also their Ships Masters or Mariners may as well going as coming upon Sea and other Waters as in the Havens and Ports of the one and the other respectively carry and use all kind of Arms Defensive and Offensive without being obliged to Register them as also upon Land to carry and use them for their Defence according to the custom of the Place XIX That the Captains About Differences between Captains and Masters of Ships and their Men. Officers and Mariners of the Ships belonging to the People and Subjects of either Party may not commence an Action nor hinder or bring trouble upon their own Ships their Captains Officers or Mariners in the respective Kingdoms Dominions Lands Countries or Places of the other for their Wages or Salaries or under any other pretence Nor may they put themselves or be received by what pretext or colour soever into the Service or Protection of the King of England or King of Spain or their Arms but if any Controversie happen between Merchants and Masters of Ships or between Masters and Mariners the composing thereof shall be left to the Consul of the Nation but after such manner as he who shall not submit to the Arbitrement may appeal to the ordinary Justice of the Place where he is subject XX. And to the end that all Impediments be taken away Concerning Trading to Flanders and that the Merchants and Adventurers of the Kingdoms of Great Britain be permitted to return to Brabant Flanders and other the Provinces of the Low-Countries under the Jurisdiction of the King of Spain Forasmuch as it hath been thought convenient that all and any the Laws Edicts and Acts by which the Importation of Cloth or any Cloth or any other Woollen Manufacture of what kind soever Dyed or Undyed Mill'd or Unmill'd into Flanders or the other Provinces hath been prohibited be revoked and disanull'd and that if any Right Tribute Imposition Charge or Money hath been with permission or otherwise put upon Cloths or any of the aforesaid Woollen Manufactures so Imported except the ancient Tribute upon every piece of Cloth and proportionably upon every other Woollen Manufacture agreeable to the ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries the same should be altogether void and no such Tribute or Imposition from henceforth imposed or put upon the said Clothes or Manufactures for no cause or pretext whatsoever And that all the English Merchants Trading in any of the said Provinces their Factors Servants or Commissioners should enjoy from henceforward all the Priviledges Exemptions Immunities and Benefits which formerly have been agreed and given by the
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
therein contained and concluded shall be Confirmed and Ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged at Breda within the foresaid time and the same shall be Published after the Delivery and Exchange thereof in the usual Form and Place Done at Breda the 21 31 day of July 1667. A Form of the Passports and Certificates that ought to be given in the Admiralty of France to the Ships and Barques that go out thence according to the Article of the present Treaty CAEsar Duke of Vendome Peer and Great Master Chief and Superintendant General of the Navigation and Commerce of France To all who shall see these Presents Greeting We do make known That we have granted leave and permission to _____ Master and Conductor of a Ship called _____ of the City of _____ of the Burthen of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his Departure shall make Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of the Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put into the Registry the Roll Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall make appear to the Officers and Marine Judges concerning the present Licence and shall make them faithful relation of what hath been done and hath passed during his Voyage and shall carry the Flags Arms and Colours both the Kings and Ours throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed Caesar of Vendome And underneath By my Lord Matharel and Sealed with the Seal of the Arms of the said Lord Admiral A Form of the Act containing the Oath WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Made at _____ the day of _____ One thousand six hundred c. Another Form of the Certificates that ought to be given by the Cities and Sea-Ports of the Vnited Provinces to the Ships and Barques that go from thence according to the Article abovesaid TO the Most Serene Most Illustrious Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings commonwealths Princes Dukes Comties Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all good Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomasters and Governors of the City of _____ do make known That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the United Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you all in general and particular that where the abovesaid Master shall arrive with his Ship and Goods it may please them to receive him courteously and use him in due manner suffering him upon the usual Rights of Tolls and other Charges in through and nigh your Ports Rivers and Territories permitting him to Sail Pass Frequent and Trade there where he shall think fit Which we shall willingly acknowledge In witness whereof We have caused the Seal of Our City to be thereunto put Articles touching Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded at the Hague the 7 17 Febr. 1667 8. WHEREAS Preface by the Blessing of Almighty God for the mutual Safety of the two Parties as well as the common Good of Christendom a Perpetual Defensive Treaty was Concluded and Signed on the 23. day of January last past between the Most Serene and Most Potent Prince Charles the Second and the High and Mighty Lords the States General of the United Netherlands with Stipulation of considerable Succours to be mutually given by the Parties as well by Sea as Land And whereas the said King and States did on the same Day and by another Instrument readily Enter into a Solemn Treaty and Agreement for Composing the Affairs of their Neighbours and restoring Peace to Christendom so as nothing seems now remaining that can at any time hereafter interrupt a Friendship and Alliance renewed with so equal Desires unless such Controversies as may otherwise hereafter happen to arise about determining the different sorts and natures of Merchandise which being left dubious and uncertain would give occasion to the further growth of such Differences And therefore that it may appear with what Sincerity and good Faith the said King and the said States desire to Preserve and Entertain not onely for the Present but to all Posterity the Amity they lately Contracted between them they have at last for the taking away all Grounds not onely of Differences and Misunderstandings but even of Questions and Disputes and so utterly to cut off the Hope and Expectation of those whoever they are that may think it their Interest by new Controversies to endeavour the disturbance or interruption of the said Peace mutually Agreed on these following Articles which are to be on both Sides and for ever observed as the Measure and Rule of such Maritime Affairs and mutual Settlement of Trade or at lest so long till by the joynt Consent of both Parties Commissioners be appointed and do meet in order to the framing a more full and ample Treaty concerning this Matter and the Laws and Rules of Commerce and Navigation as by farther Experience shall be found most advantageous to the common Good of both Parties I. ALL the Subjects and Inhabitants of Great Britain may with all safety and freedom English to Trade freely with any Country in Peace or Neutrality with them Sail and Traffick in all the Kingdoms Countries and Estates which are or shall be in Peace Amity or Neutrality with Great Britain without being
troubled or disquieted in that Liberty by the Ships of War Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with Great Britain II. This freedom of Navigation and Traffick shall extend to all sorts of Merchandise To extend to all Goods but Contraband except those of Contraband III. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances as Cannon Musquets What Goods are Contraband Mortar-Pieces Petards Bombs Granadoes Fire-crancels Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-Pieces Coats of Mayl Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War called in French Assortissemens servans al usage de la Guerre IV. In this quality of Contraband Goods Corn Wheat c. not Contraband these following shall not be comprehended Corn Wheat or other Grain and Pulse Oyls Wines Salt or generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested V. It hath been Agreed English Ships going to an Enemies Port not to be molested upon shewing their Passports for the due Execution of what is abovesaid That the Ships and Barques of the English Laden with Merchandise being entred into any Port of the said States General and purposing to pass from thence unto the Ports of their Enemies shall be only obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal of the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever VI. The same course shall be used in regard of the English Ships and Vessels which shall come into any Roads of the Countries under the Obedience of the said States Ships coming into Roads not obliged to give an account of their Lading but upon suspicion of carrying Contraband Goods not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid VII And in case of such apparent suspicion In which case to shew their Passports the said Subjects of his Majesty shall be obliged to shew in the Ports their Passports in the Form above specified VIII But if they were come within the Roads Concerning Searching Ships at Sea or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces or of their Subjects shall not come near within Cannon-shot of the English but shall send out their Long-Boat and cause onely two or three Men to go on Board the English Ships or Vessels unto whom the Passports and Certificates of the Propriety of the Ships shall be shewn by the Master or Captain of the English Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty Upon producing their Passports not to be moleâ—â—ed by which Passports and Certificates proof may be made not onely of the Lading but also of the Place of the Abode and Residence of the Master or Captain and Name of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master or Captain may sufficiently appear Unto which Passports and Certificates entire faith and credit shall be given And to the end that their validity may be the better known and that they may not be in any wise falsified and counterfeit certain Marks and Countersigns of his Majesty and the said States General shall be given unto them IX 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 nor the Ship shall by the means aforesaid be found in the English Ships and Vessels bound for the Ports of the said States Enemies they shall be unladen Judicially proceeded against and declared Confiscate before the Judges of the Admiralty of the United Provinces or other competent Officers But so that the Ship and Vessel or other free and allowed Goods Merchandise and Commodities found in the same Ship may not for that cause be in any manner Seised or Confiscate X. It is furthermore Agreed and Covenanted Free Ship free Goods per contra 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 found in the Ships belonging to the King of Great Britain's Subjects 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 XI All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights All Priviledges to be enjoyed reciprocally Liberties and Exemptions in their Trade and Commerce upon the Coasts and in the Ports Roads Seas and Estates of his said Majesty as was now 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 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 so that either of the Parties are murually to use the same Conditions and Restrictions expressed in the Articles of this present Treaty which regard Trade and Commerce XII And the more to assure the Subjects of the said States Captains and Privateers liable to make good any Damage they
the Defendant shalt each of them choose two Arbitrators whom they shall declare and constitute to be such before the Delegate of his Royal Highness to every one of which the Delegate shall administer an Oath upon the holy Evangelists to this purpose That they will according to the utmost of their power laying aside all nespect of Persons and according to good Conscience and best Rule of Justice give their Sentence of Arbitration Righteously and Faithfully After which Oath they may convene as occasion offers but always in the presence of the said Delegate which Delegate shall have no Voice in case that the major part of the four Arbitrators agree in their Arbitration which if they do the Decision so made shall be valid and firm But if the Arbitrators by reason of their equality of Votes agree not then the Delegate of his Royal Highness having first taken the same Oath the Arbitrators did before one of the Consuls of the Sea at Nizza shall have a Vote amongst the other four Arbitrators and the Decision shall be on that side which has the majority of Votes to all purposes valid and firm In both Cases the Decision thus Amicably made shall be transmitted to his Royal Highness within the space of One month that by his Authority it may have its full force and be put in Execution This Delegate shall be further obliged to make Writings or Records as Delegate of his Royal Highness and it shall be his Charge carefully to keep and preserve the same He shall be continued three years in his Office and be obliged to give an Account to the Delegates that succeeds him of all matters that were Transacted under him XI Eleventhly If any English die Intestate who shall take care of his Estate If any Subject of his Majesty shall die in the said Ports without making his Will or shall appoint by his Will one to be Executor who lives in none of the said Ports the whole Nation shall be convened and by them some Persons shall be chosen of good Life Fame and Credit who together with the Delegate of his Royal Highness his Majesties Subject and the Consul of the Nation shall take care of the Estates of the Person deceased so that it may not be embezelled but kept for them to whom of right it does belong Which Persons so elected by the Nation shall be before the Tribunal of the Consuls of the Sea residing at Nizza Constituted and appointed Administrators to the Intent aforesaid of the Goods of the Deceased And to this end they shall have full Power to demand and keep whatsoever of right belonged to the Person deceased and also to pay and discharge whatsoever of right was due from the deceased Person to any other XII Twelfthly English Mariners leaving their Ships to be restored to their first Captain or Master All Mariners Subjects of his Majesty who shall desert their own Captain or Master and enter into any other Ship or Vessel upon complaint made to the Officer of his Royal Highness at Nizza Villa Franca or S. Hospitio shall be taken from the Ship that received them and be restored to their first Captain or Master If any Mariner deserts his own Captain or Master and retires into any publick or private House of any of the Inhabitants in the said Ports and shall be concealed by the Inhabitant he shall be forcibly taken out of the House and the House-keeper Fined Twenty Dollars for every such Offence About Mariners lying on Shore or running in Debt If any Mariner shall lie all Night on Shore in any publick or private House without leave in Writing under the Hand of his Officer the House-keeper Lodging him shall pay Ten Dollars If any Mariner contracts a Debt with or runs in Debt to any Inhabitant of the said Ports above the Sum of One Dollar without License in Writing from his Captain or Master his Creditor shall lose it But if any Mariner does get one to be bound for the Debt who is not a Mariner the Mariner shall be let go But the Person that is bound for him may be retained for the Debt XIII Thirteenthly It is Covenanted and Agreed English Men of War to be treated with all respect That all Ships of War belonging to his Majesty whensoever they shall come into the said Ports shall in every Point be received with the same Honour as any Ships or Vessels whatsoever belonging to whatsoever Monarch or Prince During the abode of his Majesties Ships in the said Ports nothing necessary or convenient shall be denied them they paying a competent Price for it Victuals for the said Ships to pay no Custom but the first Cost And as for their Victualling License is granted to any Person deputed to Victual the Ships throughout all the Dominions of his Royal Highness to Contract for and Buy all things necessary and convenient for sustenance and to cause all the said things so bought to be brought into the said Ports without any Custom Duty or Impost paying for them only the first Cost And it is further Covenanted The said Ships being in Port to be protected against all Violence That the said Ships of War of his Majesty during their abode in the said Ports shall be Protected and Defended against any whomsoever that would attempt any Violence or Hostility against them XIV Fourteenthly Since in this Instrument of Commerce there has been mention made of certain Fiscal Orders or Tariffes commonly called Books of Rates or Publick Duties One of which Printed the Tenth of December One thousand six hundred and fifty one contains the Customs or Duties which are to be paid for all Commodities whatsoever which are sold within the Dominions of his Royal Highness A Second contains at the end of the General Order of the Porto Franco the Thirtieth of October One thousand six hundred thirty three The Duties that are to be paid for Passage by Land through the State of his Royal Highness And the Third and the Last underwritten by the Procurator of his Royal Highness contains the Lazaretto Duties or Expences which are to be paid for the Purging of Goods that make Quarantena All which three Books of Rates and Duties are to be Regulated according to the Limitations and Restrictions in the foregoing Articles Tariffes not to be changed but by consent of the Consul and English 'T is Covenanted That the said Tariffes or Rates and Duties shall never be changed or altered without consent of the Consul and the major part of the English Merchants and Factors residing in the said Ports 'T is also further Covenanted Officers of the Customs exacting any thing more then what by the Tariffes is prescribed to be punished That the Merchants and Factors Subjects of his Majesty shall be dispatched with all Expedition in the several Places where Customs or Duties are to be paid and that none of the said Subjects shall be at any time liable to
General shall complain of the unjustness of Sentences the said States will cause a Review and Examination thereof to be made in the Assembly of the States General that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and they will likewise take care that the same be fully provided for Goods not to be sold before Sentence or during the Review and that Right be done to the Party complaining within the space of Three months Nevertheless it shall not any ways be lawful to Sell or Unlade the Goods in Controversie either before the Sentence given or after it during the Review thereof on either Side unless it be with the consent of the Parties interessed XIII A Suit being Commensed between the Takers of Prizes on the one Part Sentence in case of Prizes being given for the Reclaimer shall be put in Execution notwithstanding the Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchants Ships No Master or Mariner of a Ship taken to be used cruelly or tortured and likewise the Mariners and Passengers do sometime suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an inhumane manner Tormenting them thereby to extort from them such Confessions as they would have to be made It is Agreed That both his Majesty and the Lords the States General shall by the severest Proclamations or Placaets forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a Terror to others And shall Command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively If they have been Tortured the Ship and Lading shall be free And every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceedings against her as well Judicial as otherwise XV. It is also Agreed Neither Parties Subjects to take Commissions from a third Party That the like severity of Punishments shall be inflicted upon those who contrary to the meaning of the One and twentieth Article of the Treaty of Peace Concluded at Breda shall take Commissions from Enemies to seise the Ships of either Allie or Party contrary to what is Provided in the said Article XVI Lastly To be Ratified within Two months It is Agreed and Concluded That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two months from the Date hereof rightly and reciprocally Exchanged between both Parties And Copies to be sent to all Colonies c. And also that the said Treaty shall within One month after such Exchanging of the Ratifications be delivered in due and authentique Form to the Governors of the English East-India and Africa Companies and to the Directors of the Dutch East and West-India Companies and shall with the first Conveniency be also sent by his said Majesty and by the said Lords the States to their respective Governors and Commanders in Chief of their Colonies and Plantations in every Part of the World out of Europe to the end that it may be by them and all others within their Domions and under their Power punctually observed and fulfilled The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within His Majesties Dominions to the Ships and Vessels Sailing out thence according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ Judge of the High Court of the Admiralty of _____ _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ _____ in _____ the _____ day of _____ in the Year of our Lord _____ The Form of the Passport or Sea-brief to be asked of and given by the Burgermasters of the Cities and Ports of the United Netherlands to the Ships or Vessels Sailing from thence according to the Purport of the Fifth Article TO the most Serene most Illustrious most Mighty most Noble most Honorable and most Prudent Emperors Kings Governors of Commonweâ—lths Princes Dukes Earls Barons Lords Burgermasters Schepens Counsellors Judges Officers Justices and Rulers of all Cities and Places as well Ecclesiastical as Secular to whom these Presents shall be shewn We the Burgermasters and Rulers of the City of _____ do
Certifie That _____ Master or Skipper of the Ship _____ appeared before Us and declared by solemn Oath That the said Ship called the _____ containing about _____ Lasts of which he is at present Master or Skipper belongeth to the Inhabitants of the Vnited Netherlands So help him God And in regard it would be most acceptable to Us that the said Master or Skipper be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Skipper shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have caused the Seal of Our City to be hereunto put Dated at _____ in _____ the _____ day of _____ in the Year of our Lord _____ In Testimony and Confirmation of all and singular the Premisses We the Commissioners of his Majesty and the Lords the States General aforesaid being sufficiently Impowered thereunto have to these Presents Subscribed Our Names and Sealed them with Our Seals At London the First day of December 1674. Tho. Culpeper G. Downing Richard Ford Will. Thomson John Jollife John Buckworth J. Corver G. Sautyn Samuel Beyer And. Van Vossen P. Duvelaer M. Michielzen Explanatory Declaration upon certain Articles of the Marine Treaties Concluded between His Majesty and the States General of the Vnited Provinces Febr. 17. 1667 8 and Decemb. 1. 1674. WHereas some Difficulty hath arisen concerning the Interpretation of certain Articles as well in the Treaty Marine which was Concluded the First day of December 1674 as in that which was Concluded the 17th of Febuary 1667 8 between his Majesty of Great Britain on the one Part and the States General of the United Provinces of the Low-Countries on the other relating to the Liberty of their respective Subjects to Trade unto the Ports of each others Enemies We Sir William Temple Baronet Ambassador Extraordinary from his said Majesty of Great Britain in the Name and on the Part of his said Majesty and We William Van Heuckelom Daniel Van Wyngaerden Lord of Werckendam Gaspar Fagel Counsellor and Pentioner of Holland and West-Friesland John de Mauregnault John Baron of Reede and Renswoude William de Haren Gretman of the Bilt Henry Ter Borgh and Luke Alting Deputies in the Assembly of the said States General for the States of Guelderland Holland Zealand Vtrecht Friesland Overissell Groningen and the Omlands in the Name and on the Part of the said States General have Declared as We do by these Presents Declare That the true Meaning and Intention of the said Articles is and ought to be That Ships and Vessels belonging to the Subjects of either of the Parties can and might from the Time that the said Articles were Concluded not only Pass Traffick and Trade from a Neutral Port or Place to a Place in Enmity with the other Party or from a Place in Enmity to a Neutral Place But also from a Port or Place in Enmity to a Port or Place in Enmity with the other Party whether the said Places belong to one and the same Prince or State or to several Princes or States with whom the other Party is in War And We declare That this is the true and genuine Sence and Meaning of the said Articles pursuant whereunto We understand That the said Articles are to be observed and executed on all occasions on the Part of his said Majesty and the said States General and their respective Subjects Yet so that this Declaration shall not be alledged by either Party for Matters which happened before the Conclusion of the late Peace in the Month of February 1673 4. And We do promise That the said Declaration shall be Ratified by his said Majesty and by the said States General and that within Two months or sooner if possible reckoning from the day and date of this Declaration the Ratifications of the same shall be brought hither to the Hague to be here Exchanged In witness whereof We have Signed these Presents at the Hague this 30th day of December 1675. L.S. W. Temple L.S. W. Van Heuckelom L.S. D. Van Wyngaerden L.S. Gasp Fagel L.S. Jo. Mauregnault L.S. John Baron van Reede vry Heer van Renswoude L.S. W. Haren L.S. H. Ter. Borgh L.S. L. Alting Capitulations and Articles of Peace between the Majesty of the King of Great Britain France and Ireland c. and the Sultan of the Ottoman Empire as they have been Augmented and Altered in the Times of several Ambassadors ACcording to my Imperial Command let it be observed and let no Act be permitted contrary hereunto MAHOMET THE Command of this Sublime and Lofty Imperial Signature preserved and exalted by Divine Providence whose Triumph and Glory is renowned through all the World By the Favour of the Nourisher of all things and Mercy and Grace of the Merciful I that am the powerful Lord of Lords of the World whose Name is formidable upon Earth giver of all Crowns of the Universe Sultan Mahomet Han Son of Sultan Ibrahim Han Son of Sultan Ahmet Han Son of Sultan Mahomet Han Son of Sultan Murat Han Son of Sultan Selim Han Son of Sultan Soliman Han Son of Sultan Selim Han. To the Glorious amongst the great Princes of Jesus reverenced by the high Potentates of the People of the Messiah sole Director of the important Affairs of the Nazarene Nation Lord of the Limits of Decency and Honour of Greatness and Fame Charles the Second King of England and Scotland that is of Great Britain France and Ireland whose End and Enterprises may the Omnipotent God conclude with Bliss and Favour with the Illumination of his holy Will In Times past the Queen of the aforesaid Kingdoms sent divers of her esteemed Gentlemen and Persons of Quality with Letters and Ships to this Imperial High Port the Refuge of the Princes of the World and the Retreat of the Kings of the whole Universe in the happy Times of famous memory of my Ancestors now placed in Paradise whose Souls be replenished with Divine Mercy which Gentlemen and Presents were gratefully accepted making Declaration and offering in the Name of the said Queen an entire good Peace and pure Friendship and demanding that their Subjects might have leave to come from England into our Ports Our said Ancestors of happy memory did then grant their Imperial License and gave into the hands of the English Nation divers especial and Imperial Commands to the end that they might safely and securely come and go into these Dominions and in coming or returning either by Land or Sea in their Way and Passage
Rule of Justice and Equity by Judges beyond all Suspicion and not any ways concerned in the Cause under Debate And his Majesty of Great Britain and the most Christian King will likewise give strict Orders that all Sentences already given and which shall be hereafter given be according to the Tenor thereof duly put in Execution and obtain their Effect XII And whensoever the Ambassadors or other Publick Ministers of the King of Great Britain Residing in the Court of the most Christian King shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea In case of Complaint against Sentences upon Prizes the French King to cause the said Sentences to be Revised in his Privy Council and belonging to the Subjects of the King of Great Britain then the said most Christian King on Demand of the said Ambassadors or Ministers of the King of Great Britain shall cause the said Sentences to be Reviewed and Examined in his Privy Council and shall Confirm or Revoke the Sentences wheresoever given And likewise the said most Christian King shall take care that Right be done to the Party complaining within the space of Four Months to be accounted from the Day of making such Demand In like manner if the Ambassadors And the King of England to appoint Commissioners to the same purpose or other Publick Ministers of the most Christian King Residing in the Court of the King of Great Britain shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea belonging to Subjects of the said most Christian King the said King of Great Britain shall forthwith Commissionate under his Great Seal Nine of his Privy Council to Adjudge such Matters and to Confirm or Revoke the Sentences wheresoever given and the said Commissioners shall meet within the space of One Month from the Day of deliveirng the Complaint And likewise the King of Great Britain shall take care that Right be done the Party complaining within the space of Three Months to be computed from the first Day of the meeting of the said Commissioners XIII A Suit being Commenced between the Takers of Prizes on the one Part Sentence against a Privateer to be put in Execution notwithstanding his Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchant Ships and likewise the Mariners and Passengers do sometimes suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an Inhumane manner tormenting them thereby to extort from them such Confessions as they would have to be made No Master or Seamen to be Tortured it is Agreed That both his Majesty of Great Britain and the most Christian King shall by the severest Proclamations or Edicts forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a terror to others and shall command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively Upon proof of Torture the Ship to be forthwith Discharged and every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceeding against her as well Judicial as otherwise XV. It is also Agreed Those that take Commissions from the Enemies of either Party against the other to be punished That the like severity of Punishments shall be inflicted upon those who shall take Commission from Enemies to Seize the Ships of either Ally or Party XVI Lastly It is Agreed and Concluded This Treaty to be Ratified in Two Months That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two Months from the Date hereof rightly and reciprocally Exchanged between both Parties Dated at St. Germains in Laye the Twenty fourth day of February in the Year of our Lord 1677. The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within the Dominions of the King of Great Britain to Ships and Vessels according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ the _____ day of _____ in the Year of our Lord _____ And the like Form of Passport mutatis mutandis shall be used by the
their Ships with such Goods and Merchandises which said Ships being laden and Customs paid for the Goods shall not be detained in Port upon any pretence whatsoever nor shall the Laders Merchants or Factors who bought and loaded the Goods aforesaid be questioned after the departure of the said Ships for any matter or thing whatsoever concerning the same VI. And to the end that the Officers and Ministers of all Cities Tables or Lists of the Duties to be put up Towns and Villages belonging to either may neither demand nor take from the respective Merchants and People greater Taxes Duties Stipends Recompences Gifts or any other Charges then what ought to be taken by virtue of this Treaty and that the said Merchants and People may know and understand with certainty what is ordained in all things touching this It is Agreed and Concluded That Tables and Lists shall be put up at the Doors of the Custom-houses and Registries of all the Cities Villages and Towns of or appertaining to one or the other King where such Rights and Excises or Customs are usually paid in which how much and of what quality such Rights Customs Subsidies and Payments either to the Kings or any the aforesaid Officers are allowed shall be put down in Writing declaring as well the Species of what is Imported as what is carried out And if any Officer or any other in his name upon any pretence whatsoever in publick or secret directly or indirectly shall ask or receive of any Merchant or other person respectively any sum of Money or other thing by the name of Right Due Stipend Allowance or Recompence though it be by the way of voluntary Donative more or otherwise then aforesaid the said Officer or his Deputy being in such manner guilty and convict before a competent Judge in the Country where the Crime is committed shall be put in Prison for three Months and shall pay thrice the value of the thing so received of which the half shall be for the King of the Country where the Crime is committed and the other half for the Denunciator for the which he may sue his Right before any competent Judge of the Country where it shall happen VII That it shall be lawful for the Subjects of the King of Great Britain All kind of Goods freely to be Imported into Spain to bring out and carry into Spain and all or any Lands and Dominions of the King of Spain where heretofore they have used Trade and Commerce and Trade there with all kind of Merchandise Clothes Manufactures and things of the Kingdom of Great Britain and the Manufactures Goods Fruits and Kinds of the Islands Towns and Plantations to him appertaining and what shall have been bought by English Factors on this side or farther on the other side of the Cape of Buena Esperança without being enforced to declare to whom or for what Price they sell their said Merchandise and Provisions or being molested for the Errors of the Masters of the Ships or others in the Entry of the Goods and at their pleasure to return again out of the Dominions of the King of Spain with all or any Goods Estates and Merchandise to any of the Territories Islands Dominions and Countries of the King of England or to any other Place To pay onely for the Goods Landed paying the Rights and Tributes mentioned in the antecedent Chapters and the rest of all their Lading which is not brought to Land they may detain keep and carry away in their said Ship or Ships Vessel or Vessels again without paying any Right or Imposition whatsoever for it as if therewith they had never been within any Bay or Port of the Catholique King And all the Goods Prize Goods to be esteemed as English Estates Merchandise Ships or other Vessels with any things introduced into the Dominions or Places of the Crown of Great Britain as Prizes and judged for such in the said Dominions and Places shall be taken for Goods and Merchandise of Great Britain comprehended so by the intention of this Article VIII That the Subjects and Vassals of the Most Serene King of Great Britain may bring and carry to all and singular the Dominions of the King of Spain East-India Goods to be freely Imported into Spain any Fruits and Commodities of the East-Indies it appearing by Testimony of the Deputies of the East-Indy Company in London that they are of or have come from the English Conquests Plantations or Factories with like Priviledge and according to what is allowed to the Subjects of the Vnited Provinces by the Royal Cedulas of Contravando bearing date the 27. of June and the 3. of July 1663. and published on the 30. of June and 4. of July the same Year And for what may concern both the Indies and any other Parts whatsoever The English to have all Priviledges granted to the Dutch by the Treaty of Munster 1648. the Crown of Spain doth grant to the King of Great Britain and his Subjects all that is granted to the United States of the Low-Countreys and their Subjects in their Treaty of Munster 1648. Point for Point in as full and ample manner as if the same were herein particularly inserted the same Rules being to be observed whereunto the Subjects of the said United States are obliged and mutual Offices of Friendship to be performed from one side to the other IX That the Subjects of the King of Great Britain And to have all the Priviledges granted to the English residing in Andaluzia 1645. Trading Buying and Selling in any of the Kingdoms Governments Islands Ports or Territories of the said King of Spain shall have use and enjoy all the Priviledges and Immunities which the said King hath granted and confirmed to the English Merchants that reside in Andaluzia by his Royal Cedulas or Orders dated the 19. day of March the 26. day of June and the 9. day of November 1645. His Catholique Majesty by these Presents reconfirming the same as a part of this Treaty between the two Crowns And to the end that it be manifest to all It is consented That the said Schedules as to the whole substance thereof be passed and transferred to the body of the present Articles in the name and favour of all and singular the Subjects of the King of Great Britain residing and Trading in any Places whatsoever within His Catholique Majesties Dominions X. That the Ships or any other Vessels that shall belong to the King of Great Britain or his Subjects Navigating into the King of Spain's Dominions or any of his Ports shall not be visited by the Judges of Counterband or by any other Officer or Person by his own or by any other Authority nor shall any Souldiers English Ships how to be visited in Port. Armed men or other Officers or Persons be put on Board any of the said Ships or Vessels nor shall the Officers of the Custom-house of the one or the other Party search
in any Vessels or Ships belonging to the People of the one or the other which shall enter into their Regions Dominions or respective Ports until their said Ships or Vessels are unladen or until they have carried on Shore all the Lading and Merchandise which they declare they resolve to disembarque in the said Port nor shall the Captain Master or any other of the Company of the said Ships be Imprisoned or they or their Boats detained on Shore but in the interim Officers of the Custom-house may be put on Board the said Vessels or Ships so they exceed not the number of three for each Ship to see that no Goods or Merchandise be Landed out of the said Ships or Vessels without paying such Duties as by these Articles either Party is obliged to pay which said Officers are to be without any charge to the Ship or Ships Vessel or Vessels their Commanders Mariners Company Merchants Factors or Proprietors And when it happens that the Master or Owner of any Ship shall declare the whole Lading of his said Ship is to be Discharged in any Port the Entry of the said Lading shall be made in the Custom-house after the usual manner and if after the Entry made any other Goods be found in the said Ship or Ships more then what are contained in the said Entry eight working Days shall be allowed them on which they may work which shall be reckoned from the Day they began to unlade to the end that the concealed Goods may be Entred and the Confiscation of them prevented and in case that in the time limited the Entry or Manifestation of them shall not have been made then such particular Goods only which shall be found as aforesaid though the unlading be not finished shall be Confiscated and not any other nor shall other trouble be given or punishment inflicted on the Merchant or Owner of the Ship and when the Ships or Vessels are reladen they may have freedom to go out again XI That the Ship or Ships appertaining to the one or the other King English not obliged to Register or Pay for any Goods but such as they shall unlade or to their respective People and Subjects that shall enter into any Ports Lands or Dominions of the one or the other and shall Discharge any part of their Goods and Merchandises in any Port or Haven being consigned with the rest to other Places within or without the said Dominions shall not be obliged to Register or Pay the Rights of any other Goods or Merchandise then of that which they shall unlade in the said Port or Haven nor be constrained to give Bond for the Goods they shall carry to other Places nor any other Security if it be not in case of Felony Debt Treason or other capital Crime XII Whereas the one moiety of the Custom of all Foreign Goods and Merchandises Imported into England is allowed and returned back to the Importer if the said Goods be Exported out of the said Kingdom within twelve Months after the first Landing upon Oath made that they are the same Goods which paid Custom in wards and that if they be not Re-shipt within the said twelve Months Goods Landed which have paid Custom and shall afterwards be carried to any other Place to pay no surther Duties yet they may at all times be Exported without paying any Custom or Duty outwards It is therefore Agreed That if any the Subjects of the King of Great Britain shall hereafter Land any Goods or Merchandise of what growth or nature soever they be in any of the Ports of his Catholique Majesty and having Entred them and paid the Custom which by this Treaty ought to be paid and shall afterwards desire to Transport them or any part of them to any other Place whatsoever for a better Market it shall and may be lawful for him or them so to do freely without paying or being demanded any other Custom or duty at all for the same he or they making Oath if required thereunto that they are the same Goods for which Custom was paid at their Landing And in case that the Subjects People and Inhabitants of the Dominions of either part shall unlade or have in any City Town or Village respectively any Goods Merchandises Fruits or Estates and have paid the Customs due according to what hath been declared and after that not being able to put them off shall resolve to remit them to some other City Town or Village of the said Dominions they may not onely do it without difficulty or impediment and without paying other Rights then what were due at their Entry but likewise the Custom or Rights shall not be paid again in any other part of the said Dominions bringing Certificates from the Officers of the Custom-house that they were paid before in the due form And the chief Farmers and Commissioners of the King of Spain's Rents in all Places or some other Officer or Officers to be appointed for that purpose shall at all times permit and suffer the Transportation of all such Goods and Merchandises from Place to Place and give sufficient Certificate to the owners thereof or their Assigns of their having paid their Custom at their first Landing whereby they may be carried to and Landed at any other Port or Place of the said Jurisdiction free from all Duties or Impediments whatsoever as aforesaid saving always the Right of any third person XIII That it shall be lawful for the Ships belonging to the Subjects of the one or the other King to Anchor in the Roads or Bays of either without being constrained to enter into Port and in case they be necessitated to enter thereinto either by distress of Weather fear of Enemies Pirates or any other Accident in case the said Ships be not bound to an Enemies Port and carrying thither Contraband Goods whereof without some clear proof they shall not be questioned it shall be lawful for the said Subjects to return to Sea freely when they please with their Ships and Goods so as they do not break Bulk or expose any thing to Sale and that when they cast Anchor Ships to Anchor freely in any Port or Road. or enter the Ports aforesaid they be not molested or visited and it shall suffice that in this case they shew their Passports or Sea-papers which being seen by the respective Officers of either King the said Ships shall return freely to Sea without any molestation XIV And if any Ship or Ships belonging to the Subjects and Merchants of the one or the other entring into Bays or in the open Sea shall be Encountred by the Ships of the said Kings or of Privateers their Subjects Ships how to be visited at Sea the said Ships to prevent all Disorders shall not come within Canon-shot but shall send their Long-Boat or Pinnace to the Merchant-Ship and onely two or three Men on Board to whom the Master or Owner shall shew his Pasports and Sea-Letters according
aforesaid ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries It is therefore Agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour of those Provinces for the time being or any other Ministers of the King of Spain sufficiently authorised in this behalf shall friendly Treat and Conclude hereupon and also such further Priviledges Immunities and necessary Exemption suitable to the present state of Affairs shall be granted for the encouragement of the said Merchants and Adventurers and for the security of their Trade and Commerce as shall be agreed upon in a special Treaty that shall be made between both the Kings touching this Particular XXI The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively Freedom of Trade to Places in Amity or Neutrality with either Party shall with all security and liberty Sail to and Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII And they shall not be disturbed or disquieted in that liberty Not to be disturbed in that liberty by the Ships or Subjects of the said Kings respectively by reason of the Hostilities which are or may be hereafter between either of the said Kings and the aforesaid Kingdoms Countries and States or any of them which shall be in Friendship or Neutrality with the other XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned Contraband Goods and no other to be Confiscated being of Contraband and Prohibited they shall be taken out and Confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either Seized or Confiscated XXIV Moreover for better prevention of the Differences which might arise touching the meaning of forbidden Merchandise and of Contraband It is Declared and Agreed What are Contraband Goods That under this Name shall be comprehended all Fire-Arms as Ordnance Musquets Mortar-pieces Petards Bombs Granadoes Fire-crancels Fire-balls Musquet-rests Bandeliers Gunpowder Match Salt-petre and Bullets Likewise under the Name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this Name is likewise forbidden the Transportation of Souldiers Horses their Harnesses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise Exceptions to the above-mentioned Article to prevent all manner of Dispute and Contention It is Agreed That under the Name of forbidden Merchandise and of Contraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyl and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the Transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be Besieged and blocked up or surrounded XXVI It is also Agreed Goods belonging to either Party found on Enemies Ships to be Confiscated That whatsoever shall be found Laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain Aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be Confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain The power of the respective Consuls for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same Power and Authority in the execution of his Charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much Authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other Business Merchants not to be molested for Religion should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publick scandal or offence And the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publick scandal or offence XXIX That the People and Subjects respectively of one Kingdom Merchandises to be paid for onely in such Coin as shall be agreed upon in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other Species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers Merchants c. freely to enjoy their Houses Ware-houses c. And the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Warehouses and Magazines for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI To employ such Proctors Agents c. as they shall think fit The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the Obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left
The Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting Sail from thence TO all unto whom these Presents shall come We the Governours Consuls or chief Magistrate or Commissioners of the Customs of the City Town or Province of N. do testifie and make known That N. N. Master of the Ship N. hath before Us under solemn Oath declared That the Ship N. of _____ Tun more or less of which he is at present Master doth belong to the Inhabitants of N. in the Dominions of the Most Serene King of Great Britain And We desiring that the said Master may be assisted in his Voyage and Business do intreat all Persons in general and particular who shall meet him and those of all Places where the said Master shall come with the said Ship and her Merchandise that they would admit him favourably treat him kindly and receive the said Ship into their Ports Bays Havens Rivers and Dominions permitting her quietly to Sail Pass Frequent and Negotiate there or in any other Places as shall seem good to the said Master paying still the Toll and Customs which of Right shall be due Which we will acknowledge gratefully upon the like Occasions In witness whereof We have Signed these Presents and Sealed them with the Seal of our Town WILL. GODOLPHIN Don PEDRO FERNANDEZ del Campo y Angulo The Copy of a Patent containing several Gracious Priviledges lately Granted by the High and Mighty Philip the Fourth King of Spain c. Which are Confirmed by the foregoing Treaty and whereof mention is made in the ninth Article of the said Treaty DON PHILIP By the Grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugal Navarre Granado Toledo Valencia Galicia Majorca Sivilla Sardinia Cordoua Corsega Murica Jaen the Algarves Algesira Gibraltar the Islands of the Canaries the East and West-Indies Islands and firm Land of the Ocean Sea Arch-Duke of Austria Duke of Burgundy Brabant and Milan Earl of Haspurg Flanders Tiroll and Barcelona Lord of Biscay and Molina c. WHereas on the behalf of you Richard Anthony Consul of the English Nation for your self and in the Name of the Subjects of the King of Great Britain it hath been shewed unto me That by virtue of the Peace which is Concluded in this and that Realm you do Reside and Trade in Andaluzia and specially in the Cities of Sivil St. Lucar Cadiz and Malaga desiring Me to be pleased to Confirm unto you the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmations thereof and other Favours and Graces which My Lord and Father of glorious Memory did Grant unto you and all such others which have been given you by the Crowns of My Realms of Castile and Portugal and to Command that they may be in and for all things observed and accomplished unto you without any Limitation and for further assurance to Grant them anew unto you with the Qualities Amplitudes and Declarations which shall be most convenient for you and to set Penalties upon such as shall contradict and not observe them unto you and to the end it may be known what they are to grant them Copies thereof or of that which My Favour shall be And I taking the Premisses into Consideration and because for the Occassions which I have for My Wars you have offered to Serve me with 2500 Ducats of Silver to be paid 1000 in ready Money and theremaining 1500 in the Month of April of this Year whereof the Licentiate Francis Moreno which in reversion of Don Anthony de Campo Redondo y Rio Knight of the Order of Santiago one of My Council and Chamber and of the Treasury in your Name and by virtue of your Power did acknowledge a Writing of Obligation in form before John Cortez de la Cruz My Notary I do hold it for good And by these Presents of My own motion and certain knowledge and Royal and absolute Power which I in this behalf will make use of and do use as an absolute King and Lord not acknowledging any Superior in matters Temporal do Confirm and Approve the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmation thereof and also the other Favours and Graces which My Lord and Father did Grant unto you and others whatsoever which have been given by My Crowns of Castile and Portugal unto the said Subjects in and for all things as therein and every thing and part thereof is specified contained and declared to the end they may be firm stable and of value and be observed kept and accomplished unto you For my deliberate intent and will is that all those of the said Nation shall enjoy thereof without any limitation in such manner that during the time the said Englishmen shall reside in Andaluzia neither you nor they may be charged with any Office or publick Charge nor Council Tutorship Curatorship Receivers or Treasurers although they be of Customers and Millions or other Services which concern my Royal Treasury and much less they may demand of you any Loans or Donations or take from you any Rights or your Rents Horses or Slaves And to do you the more Favour or Grace according to that which is Agreed by the said Peace I do will and promise that you shall and may Deal and Trade freely and Sell your Merchandise and Fruits and Buy those of my Realms and carry them forth observing that which is Ordained and Commanded by the Laws and Statutes which make mention thereof and paying to my Royal Treasury the Duties or Customs which ought to be paid prohibiting as I do Prohibit and Command not to take from you by force any Merchandises Wheat or Barley although it be for the making ready or furnishing my Armies Fleets or Gallions nor for Purveyors or Stewards and the Priviledges are to be concerning the Wheat and Barley according to the Tun and concerning the other Things and Merchandises as you shall Conclude and Agree but they may not take them out of your possession until they have paid for them unless for the same there be leave given that they do not molest and trouble you And forasmuch as many of you do Treat to bring into the Ports of Andaluzia the City of Sivil and other Places great quantity of New-found-land Fish and other sorts of dry and salted Fish because they are Victuals which are very necessary and that you have been and are put to great Charges and are much troubled I do Will and Command to be kept the Ordinance of the City of Sivil whereby it is Ordained That those which come in with dry or salted Fish there shall not be any Price or Rate set upon them but they shall be permitted to sell at such a Price as they shall think good and it shall not be necessary to manifest
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
the Dutch may bring in their Ships into England For the Encouragement of Navigation in his own Subjects whereby Strangers are prohibited to Import any Commodities into England but such as are of their own Growth or Manufacture it may be lawful for the States General and their Subjects to carry also into England in their Ships all such Commodities as growing being produced or manufactured in Lower or Upper Germany are not usually carried so frequently and commodiously unto Sea-Ports thence to be Transported to other Countries any other way but through the Territories and Dominions of the United Netherlands either by Land or by Rivers III. Whereas the King of Great Britain hath heretofore pressed That Merchandise and Commodities on both Sides might be reduced to a certain and convenient Rule the States General also have always aim at the same Mark That Merchandise should be bounded and circumscribed within some certain Laws of perpetual Observation And yet that Business seems to require longer attention and labour then that it can be speedily dispatcht to the satisfaction of both Parties Commissioners for the Regulation of Trade to be appointed They are both content to remit the same unto a fitter Occasion that Commissioners on both Sides may meet together assoon as may be after this Peace is Concluded who may Resolve and Agree about specifying and circumscribing the Species of Commodities and the Laws of Navigation and may set the same down in new and mutual Covenants Yet lest in the mean time the Inhabitants and Subjects of both Parties should be in suspence and doubt as not knowing what kinds of Commodities it may be lawful or unlawful to carry or supply unto the Enemy of either Party after the manner and form of Warlike Provisions or Succours or under the title or pretence of Merchandise It is likewise Covenanted and Agreed That the Treaty of Navigation and Commerce made between the Most Christian King and the said States General beginning from the 26. unto the 42. Article inclusively in that manner and tenor wherein they follow here inserted in the French Language may provisionally serve for a Rule and Law and so make way for the perfecting of a larger and fuller Treaty concerning Maritime Commerce between the above-mentioned Parties The foresaid Articles follow 26. All the Subjects and Inhabitants of France may with all safety and freedom Sail and Traffick in all the Kingdoms Freedom of Trade with Places in Peace Amity or Neutrality Countries and Estates which are or shall be in Peace Amity or Neutrality with France without being troubled or disquieted in that Liberty by the Ships Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with France 27. This Transportation and Traffick shall extend to all sorts of Merchandise except those of Contraband 28. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances Contraband Goods as Cannon Musquets Mortar-Pieces Petards Bombs Granadoes Saucisses Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-pieces Cuirasses Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War 29. In this quality of Contraband Goods these following shall not be comprehended Wheat Corn c. no Contraband Goods Wheat Corn and other Grain Gums Oyls Wines Salt nor generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested 30. It hath been Agreed That the Execution of what is abovesaid shall be performed in the manner following Ships entring into Port with intention to pass to an Enemies Port not to be Scarched upon shewing their Passports That the Ships and Barques with the Merchandise of his Majesties Subjects being entred into any Port of the said States General and purposing to pass from thence unto the Ports of the said Enemies shall be onely obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal and Signing acknowledged by the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever 31. The same course shall be used in regard of the French Ships and Barques which shall come into any Roads of the Countries under the Obedience of the said States The same concerning Ships coming into Roads not to give an account of their Lading not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid 32. And in case of such apparent suspicion Nor to shew Passports but in case of suspicion the said Subjects of His Majesty shall be obliged to shew in the Ports their Passports in the Form above specified 33. But if they were come within the Roads Ships at Sea how to be Visited or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces shall come no nearer unto the French Barques then within Cannon-shot and may send their Long-Boat or Shallop on Board the French Ships or Barques and cause onely two or three Men to go on Board unto whom the Passports and Certificates shall be shewn by the Master or Pilot of the French Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty by which Passports and Certificates proof may be made not only of the Lading but also of the Place of the Abode and Residence as well of the Master and Pilot as of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master and Pilot may sufficiently appear Unto which Passports and Certificates entire faith and credit ought to be given And to the end that their validity may be the better known and that they may not be in
Lazaretto or to make Purgation as also the Lazaretto Duties or Expence of Goods that make Purgation is with other Particulars contained in a Paper of the Rates of the Lazaretto Duties at the end of this Instrument which never canor may be changed or altered without the consent of the Consul and the major part of the Merchants residing in the said Ports VI. Sixthly The Kings Subjects to enjoy the Priviledge of Protection against Strangers not one another Because Ports which are called Free are wont to give Protection and Refuge to Bankrupts or Persons that Fail and Break with other Mens Estates The same Piety of his Majesty which Protects those who are good Punishes them that are bad Therefore as to what concerns his Majesties Subjects 't is Covenanted and Agreed notwithstanding whatsoever Edicts published That his Majesties Subjects be wholly deprived and utterly cut off from enjoying that Protection which is commonly called Safe Conduct reserving to every Subject of his Majesty his proper Right Likewise all his Majesties Subjects shall be deprived of the benefit of Protection or Safe Conduct who shall commit any Crimes whatsoever against his Majesty as also all of his Majesties Subjects whether Master Mariners or others who shall be guilty of Barratry to whom as also to all Pirates and Robbers at Sea who are his Majesties Subjects all Licence shall be denied of Selling Goods or Merchandise or Contracting for them in the said Ports But in regard all that is mentioned in the foregoing part of this Article relates only to his Majesties Subjects 't is Covenanted likewise and Agreed in favour of the said Subjects that they shall fully and entirely against all Strangers as well as all Strangers against them enjoy the Priviledge of Safe Conduct or Protection promised and published in the Edict of a Free Port By his Royal Highness VII Seventhly English Inhabiting in the Port of Nizza c. to be free from Taxes All the Subjects of his Majesty who live at Nizza Villa Franca or S. Hospitio in order to Trade or otherwise are declared free and clear from all Tributes Taxes or Levies of Moneys which are or shall be Imposed by his Royal Highness VIII Eighthly Not to be Subject to Arrests c. without a Legal preceding Citation 'T is likewise declared That the Persons of his Majesties Subjects residing at Nizza Villa Franca or S. Hospitio shall not be liable or subject to Arrest or Imprisonment or their Goods to Seisure or Sequestration for any Civil Causes unless a Legal Citation has first preceded But in Criminal Causes which are punished with Death or Corporal Punishment they shall be subject to Imprisonment without Citation IX Ninthly Liberty of Conscience It is permitted and shall be lawful to all and every one of the Subjects of his Majesty of Great Britain c. dwelling in the said Ports to live in their own Religion after the same manner that is permitted either at Genoua or Legorn and a convenient and decent Place of Burial shall be allotted and assigned for the Interrment of such of his Majesties Subjects as shall decease in the said Places X. Tenthly About the Deciding of Controversies Since that nothing doth more torment any Man then Controversies in Law before Tribunals of Judicature in regard of the great Expence both of Time and Money But more especially one who is a Stranger to the Customs of the Place and an Alien to the Laws Therefore it is Covenanted and Agreed between his Majesty of Great Britain c. and his Royal Highness That all Differences or Controversies whatsoever which shall arise between Subject and Subject of his Majesty or between the said Subjects and any Person that is no Subject of his Majesty shall be only Pleaded before A Judge to be chosen and called the Delegate of the English Nation and be Decided only by a Judge who shall be called the Delegate of the English Nation which Delegate shall always be chosen by the Subjects of his Majesty who live at Nizza Villa Franca or S. Hospitio Provided always that the Election be made out of the number of those Ministers of his Royal Highness which Constitute the Consuls of the Sea The Delegate so chosen shall be continued during the Pleasure of the National Electors Provided that this Continuation be no longer time than what is limited by his Royal Highness for the Period of the Office of the rest of the Consuls of the Sea When this Delegate is Elected the Nation shall Present him to his Royal Highness with a Petition that by his Authority he may be appointed to Exercise this Charge By which Authority being Constituted To Decide all Controversies he shall with brevity and expedition Decide and Determine all the aforesaid Controversies without the Formality of Legal Processes according to the validity and weight of Reason having regard only to the truth of the Fact No Appeal but to the Tribunal of the Consuls of the Sea And all this shall be done without any Costs Charges or Expence except only the bare payment of the Writing From the Sentence given by this Delegate there shall no Appeal be made or allowed except to the Tribunal of the Consuls of the Sea residing at Nizza where the Delegate himself is to be one and sits as one of the Judges from which Tribunal no Appeal is to be admitted But if in the progress of time his Majesties Subjects in the said Ports become numerous which is to be hoped from the good and well composed Laws iâ— any Inconvenience be found in the Deciding of Controversies according to the manner prescribed then as to whatsoever Controversies which shall happen and arise only between Subject and Subject of his Majesty the following Rule for an unappealable Deciding of them shall be Established and Confirmed between his Majesty and his Royal Highness which then is to be in full force and vigour from that time which his Majesty shall require it of his Royal Highness The Form or Rule is this The Subjects of his Majesty shall choose out of the number of the English Nation Three Controversies amongst the English to be Decided by Arbitration which for Life and Manners are esteemed Men of the greatest Integrity amongst them these Three they shall humbly Present to his Royal Highness that he may benignly please to appoint One of them who under the Title of Delegate of his Royal Highness is to Exercise the Office which shall immediately be declared By whose Authority when he shall be Constituted and to that purpose has obtained Letters from his Royal Highness he shall notwithstanding be incapable of Exercising his Charge till he hath first taken Oath before the already mentioned National Delegate or in his absence before some other of the Consuls of the Sea residing at Nizza for his Royal Highness These things premised when a Controversie or Difference shall arise or happen the I laintiff and
other in America shall be expunged out of remembrance and buried in Oblivion as if no such thing had ever past Moreover English to keep what they possess at present in America It is Agreed That the Most Serene King of Great Britain his Heirs and Successors shall have hold keep and enjoy for ever with plenary Right of Sovereignty Dominion Possession and Propriety all those Lands Regions Islands Colonies and Places whatsoever being or situated in the West-Indies or in any part of America which the said King of Great Britain and his Subjects do at present hold and possess So as that in regard thereof or upon any Colour or Pretence whatsoever nothing more may or ought to be urged nor any Question or Controversie be ever moved concerning the same hereafter VIII The Subjects and Inhabitants Merchants Captains Masters of Ships Mariners of the Kingdoms Provinces and Dominions of each Confederate respectively shall abstain and forbear to Sail and Trade in the Ports and Havens which have Fortifications Castles Magazines or Warehouses Sailing to or Trading in each others Ports in America forbidden and in all other Places whatsoever possessed by the other Party in the West-Indies to wit The Subjects of the King of Great Britain shall not Sail unto and Trade in the Havens and Places which the Catholick King holdeth in the said Indies Nor in like manner shall the Subjects of the King of Spain Sail unto or Trade in those Places which are possessed there by the King of Great Britain IX But if at any time hereafter either King shall think fit to grant unto the Subjects of the other any general or particular Licence or Priviledges of Navigating unto Except by Licence and Trading in any Places under his Obedience who shall grant the same The said Navigation and Trade shall be exercised and maintained according to the Form Tenor and Effect of the said Permissions or Priviledges to be allowed and given For the Security Warrant and Authority whereof this prsent Treaty and the Ratification thereof shall serve X. It is also Agreed In case the Ships of either Party be sorced into the others Harbours in America they shall be protected and have leave to buy Victuals and freely go away again That in case the Subjects and Inhabitants of either of the Confederates with their Shipping whether publick and of War or private and of Merchants be forced at any time through stress of Weather pursuit of Pirates and Enemies or other Inconvenience whatsoever for the seeking of Shelter and Harbour to retreat and enter into any of the Rivers Creeks Bays Havens Roads Shores and Ports belonging to the other in America they shall be received and treated there with all humanity and kindness and enjoy all friendly protection and help And it shall be lawful for them to refresh and provide themselves at reasonable and the usual Rates with Victuals and all things needful either for the sustenance of their Persons or reparation of their Ships and conveniency of their Voyage And they shall in no manner be detained or hindred from returning out of the said Ports or Roads but shall remove and depart when and whither they please without any let or impediment XI Likewise In case of Shipwrack Persons saved not to be kept Prisoners if any Ships belonging to either Confederate their People and Subjects shall within the Coasts or Dominions of the other stick upon the Sands or be Wrack'd which God forbid or suffer any Damage the Persons Shipwrack'd and cast on the Shore shall in no sort be kept Prisoners but on the contrary all friendly Assistance and Relief shall be administred to their Distress and Letters of Safe-conduct given them for their free and quiet Passage thence and the return of every one to his own Country XII But when it shall happen In case three or four Ships come together into any Port not to stay without leave from the Governor nor to Trade that the Ships of either as is above-mentioned through danger of the Sea or other urgent Cause be driven into the Ports and Havens of the other if they be three or four together and may give just ground of Suspicion they shall immediately upon their arrival acquaint the Governor or chief Magistrate of the Place with the Cause of their coming and shall stay no longer then the said Governor or chief Magistrate will permit and shall be requisite for the furnishing themselves with Victuals and Reparation of their Ships And they shall always take care not to carry out of their Ships any Goods or Packs exposing them to Sale neither shall they receive any Merchandise on Board nor do any thing contrary to this Treaty XIII Both Parties shall truly and firmly observe and execute this present Treaty Both Parties shall cause this Treaty to be kept and all and every the Matters therein contained and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation XIV No private Injury shall in any sort weaken this Treaty No Reprisals but in case of denying or unreasonably delaying Justice nor beget Hatred or Dissentions between the foresaid Nations but every one shall answer for his own proper Fact and be prosecuted thereupon Neither shall one Man satisfie for the Offence of another by Reprisals or other such like odious Proceedings unless Justice be denied or unreasonably delayed in which case it shall be lawful for that King whose Subject hath suffered the Loss and Injury to take any Course according to the Rules and Method of the Law of Nations until Reparation be made to the Sufferer XV. The present Treaty shall in nothing derogate from any Preeminence This Treaty not to prejudice eithers Dominion in those Seas Right or Dominion of either Confederate in the American Seas Channels or Waters but that they have and retain the same in as full and ample manner as may of right belong unto them But it is always to be understood that the Liberty of Navigation ought in no manner to be disturbed where nothing is committed against the genuine sence and meaning of these Articles XVI Lastly Ratification The solemn Ratifications of this present Treaty and Agreement made in due Form shall be delivered on both Sides and mutually Exchanged within the space of Four Months from this Day And within Eight Months to be computed from the said Exchange of the Instruments or sooner if possible they shall be Published in all convenient Places throughout the Kingdoms States Islands and Dominions of both Confederates as well in the West-Indies as elsewhere In Testimony of all and singular the Contents hereof We the above-mentioned Plenipotentiaries have Signed and Sealed this present Treaty at Madrid the 8 18 Day of July in the Year of our Lord 1670. The Count of Penaranda L. S. William Godolphin L. S. Articles of Alliance and Commerce between the Most Serene and Potent Prince Charles
manner whatsoever And if any one die within the Kingdoms or Provinces of the other Prince without making any such Dispositions then the Goods by him left moveable or immoveable of whatever nature or condition the same shall be shall be faithfully preserved for the use of the right Heir and for satisfaction of such Debts as the Party deceased was justly bound to pay And to that end so soon as any Subject of either Prince shall die in the other Princes Dominions the Consul or Publick Minister then Residing there shall have right to possess the said Moneys and Goods and shall make Inventories of the same before some Magistrate of the Place Which Goods shall afterwards remain in his hands to be answered to the Heirs and Creditors as aforesaid But if no such Consul or Publick Minister shall be there then it shall be lawful for two Merchants of the same Country with the Party deceased to possess the Goods left by him to preserve them and in like manner to answer them to the Heirs and Creditors Which notwithstanding is to be so understood that no Papers or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate but only the real Goods and Merchandise of the Deceased And that the said Magistrate within the space of Fourty eight hours after notice given and request made shall be obliged to be present otherwise the said Inventories shall be made without him XVI It shall be lawful for either of the Confederates and their Subjects or People to Trade with the Enemies of the other Freedom of Trade with each others Enemies unless in Ports Besieged and Contraband Goods and to carry to them or furnish them with any Merchandises Prohibited only which they call Contrabanda excepted without any impediment unless in Ports and Places Besieged by the other Which nevertheless if they shall so do it shall be free for them either to sell their Goods to the Besiegers or betake themselves to any other Port or Place not Besieged XVII It is also Agreed Any Merchant to reside freely where he Trades That it shall be free and lawful for the Subjects of either Prince Trading in the Dominions or Ports of the other there to remain and reside for the buying and selling Commodities without any restriction of Time or Limitation to be imposed upon them by any Officers or Magistrates of the said Dominions or Ports they paying the accustomed Duties for all Goods and Merchandise by them Imported or Exported And further provided that they Trade with none but such as are Citizens or Burgers of some City or Town within the Kingdoms of Denmark or Norway and that only by Wholesale and not by Parcels or Retail XVIII Furthermore Duties to be paid according to the Printed Tariffes for the better encouragement of Trade and Commerce and for the utter avoiding of all Frauds and Disputes that may arise between the Officers of Ports and Merchants It is Agreed and Concluded That all and singular Duties shall be demanded and paid according to the Printed Tariffe or Book of Rates wherein shall be comprised all Customs and Duties to be paid as well for Goods in the respective Ports as for Passage through the Sound And to the end that this may be the more strictly observed both Kings shall not only enjoyn his Officers and Collectors of his Customs under the highest Penalty not to do any thing that may frustrate or elude this Agreement But also that they do not by Molestation or Exaction cause any Trouble or offer any Injury to the Subjects of either King XIX Moreover it is Concluded and Agreed English Ships Trading to Norway to be remeasured That the King of Denmark shall constitute the Overseers of his Customs or others Commissioners for re-measuring all Ships belonging to the Subjects of the King of Great Britain Trading in Norway according to their Burden and Content so as that what has been hitherto not rightly observed either in excess or defect may be hereafter reduced into better order XX. But lest such freedom of Navigation or Passage of the one Allie and his Subjects and People Passports and Certificates to be given to Ships during the War that the other may have by Sea or Land with any other Country may be to the prejudice of the other Allie and that Goods and Merchandise belonging to the Enemy may be fraudulently concealed under colour of being in Amity For the preventing of Fraud and clearing all Suspicion it is thought fit That the Ships Goods and Men belonging to the other Confederate in their Passage and Voyages be accompanied with Letters of Passport and Certificate The Forms whereof to be as follows CHARLES the Second by the Grace of God King of Great Britain c. CHRISTIAN the Fifth by the Grace of God King of Denmark and Norway c. BE it known unto all and singular to whom these Our Letters of Safe-conduct shall be shewn Form of the Pass That _____ Our Subject and Citizen of Our City of _____ hath humbly represented unto Us that the Ship called _____ of the Burthen of _____ Tuns doth belong unto them and others our Subjects and that they are sole Owners and Proprietors thereof and is now Laden with the Goods which are contained in a Schedule which she hath with her from the Officers of Our Customs and do solely truly and really belong to Our Subjects or others in Neutrality bound immediately from the Port of _____ to such other Place or Places where she may conveniently Trade with the said Goods being not Prohibited nor belonging to either of the Parties in Hostility or else find a Freight Which the foresaid _____ Our Subject having Attested by a Writing under his Hand and Affirmed to be true by Oath under Penalty of Confiscation of the said Goods We have thought fit to grant him these Our Letters of Safe-conduct And therefore We do hereby respectively pray and desire all Governors of Countries and Seas Kings Princes Commonwealths and free Cities and more especially the Parties now in War and their Commanders Admirals Generals Officers Governors of Ports Commanders of Ships Captains Freighters and all others whatsoever having any Jurisdiction by Sea or the Custody of any Port whom the Ship aforesaid shall chance to meet or among whose Fleet or Ships it shall happen to fall or make stay in their Ports that by virtue of the League and Amity which We have with any King or State they suffer the said Master with the Ship _____ Persons Things and all Merchandise on Board her not only freely and without any Molestation Detention or Impediment to any Place whatsoever to pursue his Voyage but also to afford him all Offices of Civility as to Our Subject if there shall be occasion Which upon the like or other occasion We and Ours shall be ready to return Given the _____ day of _____ in the Year _____ WE the President
Form of the Certificate Consuls and Senators of the City of _____ do Attest and Certifie That on the _____ day of _____ in the Year _____ Personally before Us came and appeared _____ Citizen and Inhabitant of the City or Town of _____ and under the Oath wherein he stands bound to our Sovereign Lord the King did declare unto Us That the Ship or Vessel called _____ of the Burthen of _____ Tuns doth belong to the Port City or Town of _____ in the Province of _____ And that the said Ship doth justly belong only to him and others Subjects of Our said Sovereign Lord and now bound directly from the Port of _____ Laden with Goods mentioned in a Schedule received from the Officers of the Customs and that he hath affirmed under the Oath aforesaid that the forementioned Vessel with her Goods and Merchandise doth only belong to Subjects of his Majesty and doth carry no Goods prohibited which belong to either of the Parties now in War In Testimony whereof We have caused this Certificate to be Subscribed by the Syndic of Our City and Sealed with Our Seal Given c. When therefore the Merchandise Goods Ships or Men of either of the Confederates and their Subjects and People shall meet in open Sea Straights Ports Havens Lands and Places whatsoever the Ships of War whether publick or private or the Men Subjects and People of the other Confederate Upon exhibiting only the foresaid Letters of Safe-Conduct and Certificate Ships not to be Searched upon producing their Certificates there shall be nothing more required of them nor shall Search be made after the Goods Ships or Men nor shall they be any other ways whatsoever molested or troubled but suffered with all freedom to pursue their intended Voyage But if this solemn and set Form of Passport and Certificate be not exhibited or that there be any other just and urgent cause of suspicion Then shall the Ship be Searched which is nevertheless in this case only understood to be permitted and not otherwise If by either Party any thing shall be committed contrary to the true meaning of this Article against either of the Confederates each of the said Confederates shall cause his Subjects and People offending to be severely punished and full and entire Satisfaction to be forthwith given and without delay to the Party injured and his Subjects and People for their whole Loss and Expences XXI It is also Concluded and Agreed English Ships passing by Gluckstad and other Places upon the Elbe to be free from all Customs and Search That all Ships of Subjects and People of the King of Great Britain together with their Lading and Merchandise passing by the Port of Gluckstad or other Places and Towns under the Dominion of the King of Denmark situate upon the Elbe Stream both going and returning shall be free and exempt from all Custom Impost Search Seisure and Molestation except only the case of Search in the time of War when the King of Denmark hath War with any other King or State XXII If the Subjects of either Prince be hurt or injured in the Territories of the other Any Injury done to either Parties Subjects in the others Territories to be punished according to the Laws of the Country Then the King of that place where the Injury is done shall take care that speedy Justice be administred according to the Laws and Customs of the Country And that the Persons guilty be duly punished with Satisfaction to be made to the Party wronged XXIII It is also Agreed No Ships or Goods Laden on Ships belonging to either Party to be adjudged Prize but by due form of Law That no Ships whatsoever Vessels or Merchandise Laden on Ships of whatsoever nature kind or quality howsoever taken belonging to any the Subjects of either of the aforesaid Kings under any colour or pretence whatsoever be adjudged Prize unless by a Judicial Examination and Process in form of Law in a Court of Admiralty for Prizes taken at Sea in that behalf lawfully Constituted XXIV Both Parties shall cause Justice and Equity to be Administred to the Subjects and People of each other Justice to be Administred according to the Laws of each Country respectively according to the Laws and Statutes of either Country speedily and without long and unnecessary Formalities of Law and Expences in all Causes and Controversies as well now depending as which may hereafter arise XXV If the Ships of either of the Confederates In case of Shipwrack the Goods to be preserved for the Owners and their Subjects and People whether they be Merchant-Men or Men of War shall happen to run on Ground or fall upon Rocks or be forced to lighten themselves or shall otherwise suffer Shipwrack which God forbid upon the Coasts of either King the foresaid Ships with their Tackle Goods and Merchandise or whatsoever shall be remaining of them shall be restored to their Owners and Proprietors Provided they or their Agents and Proctors do claim the said Ships and Goods within the space of a year and a day after such Shipwrack suffered saving always the Rights and Customs of both Nations The Subjects also and Inhabitants dwelling upon the said Coasts and Shores shall be obliged to come in to their help in case of danger and as much as in them lies to give their assistance And shall do their utmost endeavour either for the freeing of the Ship or saving the Goods Merchandise and Apparel of the said Ship and what else of the same they shall be able and for the conveying the same into some safe place in order to be restored to the Owners they paying Salvage and giving such Recompence to the persons by whose assistance and diligence the said Merchandise and Goods shall have been recovered and preserved as they shall deserve And finally both Parties in case of such misfortune shall see observed on their Side what they would desire to have observed and done on the other Side XXVI The Commanders of Ships or Governors Ships Commanders of Ships Goods c. not to be Arrested but for the defence of the Kingdom and except in cases of Debt Souldiers Mariners and Company belonging to the same As also the Ships themselves and the Goods and Merchandise on Board them shall not be detained by any Arrest or Seisure upon any Warrant either General or Special or for any cause unless for the defence and preservation of the Kingdom Which yet shall not be understood to be meant of Arrests layed by Authority of Law for Debt contracted upon any other lawful occasion whatsoever in which case it shall be lawful to proceed according to the Rules of Justice and Law XXVII It shall be free for the Merchants of both Kingdoms their Factors and Servants and also the Masters and Mariners of Ships upon the Sea Merchants Mariners c. to have the liberty of wearing or carrying Arms. and in other Waters as likewise
occasion or cause of any War This freedom to extend to all Commodities not prohibited in any kind of Merchandizes but shall extend to all Commodities which shall be carried in time of Peace those only excepted which follow in the next Article and are comprehended under the Name of Contraband III. Under this Name of Contraband or Prohibited Merchandises shall be comprehended only Arms What Goods are prohibited Pieces of Ordnance with all Implements belonging to them Fire-balls Powder Match Bullets Pikes Swords Lances Spears Halberds Guns Mortar-Pieces Petards Granadoes Musquet-rests Bandeliers Salt-petre Musquets Musquet-shot Helmets Corslets Breast-plates Coats of Mail and the like kind of Armature Soldiers Horses and all things necessary for the Furniture of Horses Holsters Belts and all other Warlike Instruments whatsoever IV. These Merchandises following shall not be reckoned among Prohibited Goods viz. All kind of Cloth What Goods are not prohibited and all other Manufactures woven of any kind of Wooll Flax Silk Cotton or any other Material all sorts of Clothing and Vestments together with the Materials whereof they use to be made Gold and Silver as well Coyned as not Coyned Tin Iron Lead Copper and Coals as also Wheat Barley and all other kind of Corn or Pulse Tobacco and all kind of Spices Salted and Smoked Flesh Salted and Dried Fish Butter and Cheese Beer Oyls Wines Sugars and all sort of Salt and in general all Provision which serves for the nourishment and sustenance of Life likewise all kind of Cotton Hemp Flax and Pitch and Ropes Sails and Anchors also Masts and Planks Boards and Beams of what sort of Wood soever and all other Materials requisite for the Building or Repairing Ships but they shall be wholly reputed amongst free Goods even as all other Wares and Commodities which are not comprehended in the next precedent Article Liberty of Trade unto Places in Enmity with the other Party So that the same may be freely Transported and carried by the Subjects of his said Majesty even unto Places in Enmity with the said States as also on the other side by the Subjects of the said States to Places under the Obedience of the Enemies of his said Majesty Except only Towns or Places Besieged Environed or Invested in French Blocquees ou Investies V. And that all manner of Differences and Contentions on both Sides by Sea and Land may from henceforth cease and be utterly extinguished It is Agreed Ships only to shew their Passports That all kind of Ships and Vessels whatsoever belonging to the Subjects of his said Majesty entring or being entred into any Road or Port under the Obedience of the Lords the States and purposing to pass from thence shall be only obliged to shew unto the Officers acting in the Ports of the said States or to the Captains of the States Ships or of Private Men of War if any happen there to be their Passport commonly called a Sea-brief the Form whereof is added at the end of these Articles nor shall any Money or any thing else be exacted from them under that Pretence But if any Ship belonging to the Subjects of his Majesty of Great Britain shall in the open Sea or elsewhere out of the Dominions of the said States meet the Ships of War of the said Lords the States or Private Men of War of their Subjects the said Ships of the Lords the States or of their Subjects shall keep at a convenient distance How to be Visited and only send out their Boat and it shall be lawful for them only with two or three Men to go on Board the Ships and Vessels of the Subjects of his Majesty that the Passport or Sea-brief of the Propriety thereof according to the Form hereafter specified may be shewn to them by the Captain or Master of such Ship or Vessel belonging to the Subjects of his Majesty and the Ship which shall shew the same shall freely pass and it shall not be lawful to molest search detain or divert the same from her intended Voyage And all the Subjects of the Lords the States shall enjoy in all things the same Liberty and Immunity they in like manner shewing their Passport or Sea-brief made according to the Form prescribed at the latter end of this Treaty VI. But if any Ship or Vessel belonging to the English Ships going to Enemies Ports to shew their Concquets besides their Passports or other Subjects of his Majesty shall be met making into any Port in Enmity with the Lords the States Or on the other side if any Ship belonging to the United Provinces of the Netherlands or other Subjects of the Lords the States shall be met in her Way making into any Port under the Obedience of the Enemies of his said Majesty such Ship shall shew not only a Passport or Sea-brief according to the Form here under prescribed wherewith she is to be furnished but also her Cocquets expressing the Contents of the Goods on Board given in the usual Form by the Officers of the Customs in the Port from whence she came whereby it may be known whether she is Laden with any Merchandises Prohibited by the third Article of this Treaty VII But if by the shewing the abovesaid Cocquets expressing the Contents of the Goods on Board If prohibited Goods be found to be in any Ship what to be done given in the usual Form by the Officers of the Customs in the Port from whence she came concerning the shewing whereof it is above Agreed either Party shall discover any kind of Merchandises which in the third Article of this Treaty are declared to be Contraband or Prohibited Consigned to any Port under the Obedience of their Enemies it shall not be lawful to open the Hatches of such Ship in which the same shall happen to be found whether she belongs to the Subjects of his Majesty or of the Lords the States nor to unlock or break open the Chests Mails Packs or Casks in the same nor to convey away any the least part of the Merchandises before the whole be first Landed in the presence of the Officers of the Admiralty and Inventaried neither shall it be any ways lawful to Sell Exchange or otherwise to Alienate the same until such Prohibited Goods are rightly and lawfully Proceeded against and that the Judges of the Admiralty have by their respective Sentences Confiscated the same The Ship and the other Commodities not forfeited therefore Provided always That as well the Ship it self as the rest of the Commodities found in the same which by this Treaty are to be reputed Free shall not upon pretence of their being infected by such Prohibited Goods be detained much less Confiscated for lawful Prize But if not the whole but a part only of the Lading consists of Contraband or Prohibited Commodities and that the Master of the Ship shall be willing and ready to deliver them to the Captor who Seised the same in that case the Captor
set free and delivered to the Ambassador or Consul XIII All Englishmen No Harach demanded and all other Subjects of the Crown of England which shall dwell or reside in our Dominions whether they be married or single may buy sell and Traffick and of them shall no Harach or Head-money be demanded XIV The English Ambassador Resident in Aleppo The Ambassadors power to coustitute Consuls Alexandria Tripoli of Suria or Tunis Algier Tripoli of Barbary in Smyrna the Ports of Cairo or any other Parts of our Dominions may at their pleasure establish their Consuls and in like manner remove them or change and appoint others in their places and none of our Ministers shall oppose or refuse to accept them XV. In all Causes concerning Law and Justice between the English Nation and any other No Process without the Interpreter in the absence of their Interpreters the Judges nor any other of our Ministers shall not proceed to give Sentence XVI If there happen any Controversie amongst themselves The Turks not to meddle in Differences between the English the Decision thereof shall be wholly left to their own Ambassador or Consul according to their own Right and Laws and with no such Causes our Ministers shall intermeddle XVII Our Armada of Gallies Ships or any other Vessels of our Empire Our Ships not to be detained at Sea by the Turks Armada which at Sea meet or find any English Ship they shall not do them nor suffer to be done to them the least injury or trouble nor shall they stay them demand pretend or take any thing from them but shall salute and shew good and mutual Friendship the one to the other without offence XVIII All those particular Priviledges and Capitulations All Priviledges granted to other Nations granted also to the English which in former Times have been granted to the French Venetians or any other Christian Nation whose King is in Peace and Friendship with this Port in like manner the same were granted and given to the said English Nation to the end that in time to come the Tenor of this our Imperial Capitulations may be always observed by all men and that none may in any manner upon any pretence presume to contradict or violate it XIX If the Pirates Against Turkish Pirates or Levents who infest the Seas with their Frigats shall be found to have taken any English Vessel or to have robbed or spoiled their Goods and Faculties Also if it shall be found that in any of our Dominions any shall have violently taken Goods of any Englishman our Ministers shall with all diligence seek out such Offenders and severely punish them and cause that all such Goods Ships Moneys and whatsoever hath been taken away from the English Nation shall be presently justly and absolutely restored to them XX. All our Beglerbegs Begs Captains Masters of Imperial Ships and other private Judges Governors Customers Farmers and all our Ministers Subjects and Slaves shall always obey and keep the Tenor of these our Sworn Capitulations and shall with all observance respect the Friendship and good Correspondence established on both Parties every one in particular taking especial care not to commit any Act contrary thereunto And as long as the said Queen of England according to this present Agreement of sincere Friendship and good Correspondence shall shew her self and remain with us in Peace Friendship and League firm constant and sincere We do promise also on our Parts reciprocally that this Peace Friendship Articles Capitulations and Correspondence in the fore-written Form shall be for ever of us maintained observed and respected and of no man any part thereof shall be contradicted or infringed All which above-mentioned Articles of Peace and Friendship were Concluded Signed and an Imperial Capitulation granted and confirmed by our Ancestors of happy memory Since which time his Majesty of England James deceased in the time of our Grandfather of happy memory Sultan Achmet Han having sent unto our Imperial Throne his Ambassadors Letters and Presents which were most acceptable and desired that the already Contracted Peace and Friendship and good Correspondence made with our Grandfathers and the Capitulations Articles and Priviledges above written should be again Ratified and the said Peace and Friendship renewed farther requesting that certain Articles very necessary should to the same Capitulations be added The Desire of his Majesty being deelared in the Imperial Presence of our said Grandfather Sultan Achmet Han was presently granted And he gave express Command and Order that the said Peace and Friendship should be renewed and fortified and the ancient Capitulations and Priviledges confirmed and that the new desired Articles should be inserted and added to the Imperial Capitulations Granting farther to the English Nation all those Articles and farther Priviledges which were given and written in any Capitulations with other Nations Potentates or Kings in Peace and Amity with this Imperial Port And by this Imperial Command he gave order that these his Imperial Commands should be obeyed of all men and the Tenor of them duly observed The Articles which then were granted and added to the Capitulations were these following XXI That our Ministers shall not demand No Custom to be taken on Moneys None to force change of Moneys or take of the said English Nation any Custom or other Duties of all the Dollars and Chequeens they or any under their Banner shall bring in or Transport from Place to Place or carry out of our Dominions and that neither Beglerbegs Begs Caddees Treasurers Mint-Masters or other shall take and demand either Dollars or Chequeens from the said Nation to change them into small Aspers nor shall give or do them any violence or trouble thereupon XXII The English Nation and all those that come under their Banner their Vessels small and great shall and may Navigate Traffick Buy Sell and abide in all Parts of our Dominions No Ammunition to be carried in our Ships and excepting Arms Gunpowder and other such prohibited Commodities they may load and carry away in their Ships whatsoever of our Merchandises at their own pleasure without the impeachment or trouble of any man and their Ships and Vessels may come safely and securely to Anchor at all times and Traffick at all times in every part of our Dominions Provisions may be bought for our Ships and with their Money buy Victuals and all other things without any contradiction or hindrance of any man XXIII And if any Difference shall happen with any of the said English Nation by Suit in Law No Process to be made without presence of the Ambassador c. or any other Controversie the Caddees or any other Ministers of our Justice shall not hear nor decide the Cause until the Ambassador Consul or Druggerman of the said Nation shall be present XXIV All Differences Suits of Law above 4000 Aspers to be heard above or Suits of Law depending with the said Nation which
Ships of the English Merchants before they arrive at the Scale several Officers did go upon them and violently force out of the Ships the Goods of the Merchants taking away the choice of them without agreeing for the Price or making any Account with the Owners LVI And farthermore the said Merchants having once payed the Custom for their Goods at the Custom-house Abuses to be redressed in Customs and being desirous to Transport the same Goods into another Scale the Customers did hinder and detain them until he received another second Custom for them LVII And whereas in the Imperial Capitulations it is expressed In hearing of Law-Suits That in all the Differences and Suits with the English Nation our Magistrates are not to hear nor decide the Cause unless their Ambassador or Consul be there present Of late our Judges without the knowledge of their Ambassador have Condemned Imprisoned and taken Presents from the English Nation which is a great Wrong done to them LVIII Also whereas in the Imperial Capitulations No Customs upon Money it is ordered That the Customers shall not take any Custom for such Gold and Dollars as by the English Nation shall be brought in or carried out of our Imperial Dominions and that the Merchants are to give onely Three per cent for the Custom of their Goods and no more the Customers notwithstanding do pretend to take Custom for their Chequeens and Dollars and to take more Custom then their due for their Raw Silks Raw Silks which they buy and of the Goods which they Land at Scandaroon to carry up to Aleppo they demand Six per cent which unjust Exactions have been heretofore rectified and redressed with an express Hattersheriffe But being now again informed that the said English Merchants are as before wronged by reason that the Customers do value and estimate the Goods of the English Merchants more then they are worth and though the Customers are to have but Three per cent yet by an over valuation of the Goods they take from them Six per cent And the Servants of the Custom-house under pretence of small Duties and Expences wrongfully take great Sums of Money from them And a greater number of Waiters being put Aboard the English Ships then heretofore have been used A greater number of Guardians not to be put Aboard our Ships then usual the Charges thereof are a great Expence to the Merchants and Masters of Ships that sustain it To all which we being requested for a Redress do Command That when the Customers do set great values upon their Goods the Merchant offering to them according to the Rate of Three per cent in specie of the same Goods the Customers shall not refuse but accept the same And being desired by the English Ambassador that the above specified Abuses and Injuries should be rectified We do Command That contrary to the Imperial Capitulations the English Merchants be neither in the foregoing Particulars nor in any other manner troubled nor their Priviledges unjustly infringed The Ambassador of the King of Great Britain Sir Heneage Finch Knight Earl of Winchelsea Viscount Maidston Baron Fitzherbert of Eastwell Lord of the Royal Mannor of Wye and Lieutenant of the County of Kent and City of Canterbury whose end may it terminate with bliss did arrive with his Presents and with all sincerity and affection was accompanied with Letters amply expressing the good Friendship and Correspondence and that abovesaid Ambassador hath Presented the Capitulations that they might be renewed according to the Canon And that some Articles of great consideration which were before in the Capitulations may be more punctually observed the said Ambassador did desire that they might be again renewed and more plainly expressed in the Imperial Capitulations His Request was graciously accepted one of which Points is this LIX That the Gallies and other Vessels of the Imperial Fleet departing the Dominions of the Grand Signor and meeting on the Sea with the Ships of England they shall in no wise give them molestation nor detain them in their Voyage nor take from them any thing whatsoever but ought always to shew to one another good Friendship without doing the least Damage The Pyrates of Barbary not to Search our Ships for Strangers Goods And it being thus declared in the Imperial Capitulations Beyes and Captains who Sail upon the Seas and those of Algier Tunis and Tripoli meeting English Ships which Sail from one Port to another ought not to take from them any Money or Goods upon pretence that their Ships Transport Enemies Goods and thereupon Search them and with this colour molest and detain them from prosecution of their Voyage so that only at the Mouth of the Castles and in the Ports where the Searchers belonging to the Customs usually come Aboard their Goods shall be Examined but on the Sea they shall be liable to no farther Search or Inquisition LX. And contrary to the Articles of the Imperial Capitulations Customs being paid the Customer not to deny the Teschere the Goods of the English Nation ought to receive no molestation having once paid the Custom nor shall the Customers deny to give the Teschere or Certificate that the Custom is paid for upon complaint hereof We strictly Command that the aforesaid Customers do not defer immediately upon demand to give the Teschere or Certificate LXI And the Custom being once paid of any sort of Merchandise not sold in that Port A second Custom not to be demanded which is to be Transported to another Scale entire credit shall be given to the Teschere and a second Custom shall not be so much as farther pretended LXII In Aleppo All Goods in English Ships as well as those of the Growth and Manufacture of England not to pay above Three per cent Custom Cairo and other Parts of the Imperial Dominions the English Merchants and their Servants may freely and frankly Trade and for all their Goods and Merchandise pay only Three per Cent. according to the former Custom and the Imperial Capitulations whether the Goods be brought by Sea or by Land And though the Customers and Farmers upon the arrival of the Goods at the Scale to give molestation and trouble to the English Nation pretend that the Goods of the Growth and Manufacture of England ought only to pay Three per Cent. but Goods brought from Venice and other Places are obliged to pay more and with this colour and pretence occasion suits and troubles to the English wherefore in this Point let the Imperial Capitulations be observed as in former Times and our Officers ought in no wise to permit the contrary hereunto LXIII An Englishman becoming indebted Without Pledge or Suretiship one Englishman not to answer for another or having made himself Pledge for another who is either failed or run away the Debt ought to be demanded of the Debtor And if the Creditor have no Hoget that such an one according to the
of Mail and the like kind of Armature Soldiers Horses and all things necessary for the Furniture of Horses Holsters Belts and all other Warlike Instruments whatsoever IV. These Merchandises following shall not be reckoned among prohibited Goods viz. What Goods shall not be looked upon as Contraband all kind of Cloth and all other Manufactures woven of any kind of Wooll Flax Silk Cotton or any other Material all sorts of Clothing and Vestments together with the Materials whereof they use to be made Gold and Silver as well Coyned as not Coyned Tin Iron Lead Copper and Coals as also Wheat and Barley and all other kind of Corn or Pulse Tobacco and all kind of Spices salted and smoked Flesh salted and dried Fish Cheese Butter Beer Oyls Wines Sugars and all sort of Salt and in general all Provision which serves for the nourishment and sustenance of Life Likewise all kind of Cotton Hemp Flax and â—itch Ropes Sails and Anchors also Masts and Planks Boards and Beams of what sort of Wood soever and all other Materials requisite for the building or repairing Ships but they shall be wholly reputed amongst Free Goods even as well as all other Wares and Commodities which are not comprehended in the next precedent Article so that the same may be freely Transported and carried by the Subjects of the Most Serene King of Great Britain Freedom of Trade not only from one Place in Neutrality to another or from a Neutral Place to one in Enmity but also from one Port in Enmity to another likewise in Enmity with either of the Parties not only from one Neutral Place to another Neutral Place or from a Neutral Port or Place to a Place in Hostility with the Most Christian King or from a Place in Hostility with him to a Neutral Place but also from one Place in Enmity with the Most Christian King to another Port or Place in Enmity with him Be it that such Ports or Places do belong to the same Prince or State Enmity to another likewise in Enmity with either of the Parties or to several Princes or States with whom the Most Christian King shall happen to be in War And in like manner that the same may be freely Transported by the Subjects of the Most Christian King not only from one Neutral Place to another Neutral Place or from a Neutral Port or Place to a Place in Hostility with the King of Great Britain or from a Place in Hostility with him to a Neutral Place But also from one Place in Enmity with the King of Great Britain to another Port or Place in Enmity with him Be it that such Ports or Places do belong to the same Prince or State or to several Princes or States with whom the King of Great Britain shall happen to be in War Except Places Besieged or Invested except only Towns or Places Besieged Environed or Invested in French Blocquees ou Investies V. And that all manner of Differences and Contentions on both Sides by Sea and Land may from henceforth cease and be utterly extinguished It is Agreed Ships coming into any Port and intending to go further only to shew their Passports That all kind of Ships and Vessels whatsoever belonging to the Subjects of his said Majesty of Great Britain entring or being entred into any Road or Port under the Obedience of the Most Christian King and purposing to pass from thence shall be only obliged to shew unto the Officers acting in the Ports of the said Most Christian King or to the Captains of the Most Christian Kings Ships or of Private Men of War if any happen there to be their Passport commonly called a Sea-Brief the Form whereof is added at the end of these Articles nor shall any Money or any thing else be exacted from them under that pretence But if any Ship belonging to the Subjects of his Majesty of Great Britain shall in the open Sea or elsewhere out of the Dominions of the said Most Christian King meet the Ships of War of the said Most Christian King or Private Men of War of his Subjects the said Ships of the Most Christian King shall keep at a convenient distance and only send out their Boat Ships how to be visited at Sea and it shall be lawful for them only with two or three Men to go on Board the Ships and Vessels of the Subjects of his Majesty of Great Britain that the Passport or Sea-Brief of the Propriety thereof according to the Form hereafter specified may be shewn to them by the Captain or Master of such Ship or Vessel belonging to the Subjects of his Majesty of Great Britain And the Ship which shall shew the same shall freely pass and it shall not be lawful to molest search detain or divert the same from her intended Voyage And all the Subjects of the Most Christian King shall enjoy in all things the same Liberty and Immunity they in like manner shewing their Passport or Sea-Brief made according to the Form prescribed at the latter end of this Treaty VI. But if any Ship or Vessel belonging to the English Ships going to Places in Enmity with the other Party to shew their Cocquets besides their Passports or other Subjects of his Majesty of Great Britain shall be met by any Man of War making into any Port in Enmity with the Most Christian King or on the other Side if any Ship belonging to the Most Christian King or others Subjects of the said Most Christian King shall be met in her Way making into any Port under the Obedience of the Enemies of his said Majesty of Great Britain such Ship shall shew not only a Passport or Sea-Brief according to the Form hereunder prescribed wherewith she is to be furnished but also her Cocquets expressing the Contents of the Goods on Board given in the usual Form by the Officers of the Customs in the Port from whence she came whereby it may be known whether she is laden with any Merchandises prohibited by the third Article of this Treaty VII But if by the shewing the abovesaid Cocquets expressing the Contents of the Goods on Board If prohibited Goods be found in a Ship what to be done given in the usual Form by the Officers of the Customs in the Port from whence she came concerning the shewing whereof it is above Agreed either Party shall discover any kind of Merchandises which in the third Article of this Treaty are declared to be Contraband or Prohibited consigned to any Port under the Obedience of their Enemies it shall not be lawful to open the Hatches of such Ship in which the same shall happen to be found whether she belongs to the Subjects of his Majesty of Great Britain or of the Most Christian King nor to unlock or break open the Chests Mails Packs or Casks in the same not to convey away any the least part of the Merchandises before the whole be first Landed in the
presence of the Officers of the Admiralty and Inventaried neither shall it be any ways lawful to Sell Exchange or otherwise to Alienate the same until such Prohibited Goods are rightly and lawfully proceeded against and that the Judges of the Admiralty have by their respective Sentences Confiscated the same The Ship and the other Goods not to be forefeited Provided always that as well the Ship it self as the rest of the Commodities found in the same which by this Treaty are to be reputed Free shall not upon pretence of their being Infected by such Prohibited Goods be detained much less confiscated for lawful Prize but if not the whole but a part only of the Lading consists of Contraband or Prohibited Commodities and that the Master of the Ship shall be willing and ready to deliver them to the Captor who seized the same in that case the Captor shall not compel the Ship to go out of her Course to any Port he thinks fit but shall forthwith dismiss her and upon no account hinder her from freely prosecuting her designed Voyage VIII It is further Agreed That whatsoever shall be found Laden by the Subjects of his Majesty of Great Britain upon any Ship whatsoever belonging to the Enemies of the most Christian King although the same be not of the quality of Contraband Goods may be Confiscated But on the contrary all that which shall be found in the Ships belonging to the Subjects of his Majesty of Great Britain shall be accounted clear and free Free Ship free Goods e contra although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of the most Christian King except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles and by the same Reason whatsoever shall be found Laden by the Subjects of the most Christian King in any Ship whatsoever belonging to the Enemies of his Majesty of Great Britain although the same be not of the quality of Contraband Goods may be Confiscated but on the other Side all that which shall be found in the Ships belonging to the Subjects of the most Christian King shall be accounted clear and free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of his Majesty of Great Britain except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles And least any Damage should by Surprize be done to the one Party who is in Peace when the other Party shall happen to be engaged in War it is Provided and Agreed That a Ship belonging to the Enemies of the one Party and Laden with Goods of the Subjects of the other Party shall not Infect or render the said Goods liable to Confiscation in case they were Laden before the expiration of the Terms and Time hereafter mentioned after the Declaration and Publication of any such War Goods Laden before War is Declared by one of the Parties against a third Party not to be forfeited viz. If the Goods were Laden in any Port or Place between the Places or Limits called the Soundings and the Naz in Norway within the space of Six Weeks after such Declaration of Two Months between the said Place the Soundings and the City of Tangier and of Ten Weeks in the Mediterranean Sea or within the space of Eight Months in any other Country or Place of the World So that it shall not be lawful to Confiscate the Goods of the Subjects of his Majesty of Great Britain taken or seized in any Ship or Vessel whatsoever of any Enemy of the most Christian King upon that Pretence but the same shall be without delay restored to the Proprietors unless they were Laden after the expiration of the said Terms of Time respectively but so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the Reason aforesaid shall not be liable to Confiscation neither on the other side shall it be lawful to Confiscate the Goods of the Subjects of the most Christian King taken or seized in any Ship or Vessel whatsoever of an Enemy of his Majesty of Great Britain upon that Pretence but the same shall be forthwith restored to the Proprietors thereof unless they were Laden after the expiration of the said Terms of Time respectively but so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the Reason aforesaid shall not be liable to Confiscation IX And the more to assure the Subjects of his Majesty of Great Britain and of the most Christian King Privateers and Companies to make Satisfaction in case of Contravention that no Injury shall be offered to them by the Ships of War or Private Men of War of either Side all the Captains of the Ships as well of his Majesty of Great Britain as of the most Christian King and all their Subjects who shall set out Private Men of War And likewise their Priviledged Companies shall be enjoyned not to do any Injury or Damage whatsoever to the other which if they do they shall be punished and moreover be liable to satisfie all Costs and Damages by Restitution and Reparation upon Pain and Obligation of Person and Goods X. For this cause all the Commanders of Private Men of War shall from henceforth be obliged before they receive their Commissions Privateers to give Security to enter before a competent Judge good and sufficient Security by able and responsible Men who have no Part or Interest in such Ship in the Sum of Fifteen hundred Pounds Sterling or Sixteen thousand five hundred Livres and when they have above One hundred and fifty Men then in the Sum of Three thousand Pounds Sterling or Three and thirty thousand Livres that they will give full Satisfaction for any Damages or Injuries whatsoever which they or their Officers or others in their Services shall commit in their Courses at Sea contrary to this present Treaty or any other whatsoever between his Majesty of Great Britain and the said most Christian King and upon the pain of Revocation and Anulling their said Commissions in which it shall be always inserted that they have given such Security as abovesaid and likewise it is Agreed that the Ship it self shall be also liable to make Satisfaction for Injuries and Damages done by her XI His Majesty of Great Britain and the said most Christian King being desirous that the Subjects of each other may be mutually Treated in all Countries under their Obedience respectively with the like kindness as their own Subjects will give all necessary and effectual Orders In cases of Prizes Justice to be administred that Judgments upon Ships and Merchandise taken at Sea be given according to the