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A32676 Treatie of marine, between the Illustrious and Most Mightie King Charles the Second ... and the High & Mightie Lords, the States Generall of the Vnited Netherlands to be observed in all the severall partes throughout the whole vvorlde, by land, and by sea : concluded in London, the first of December 1674.; Treaties, etc. United Provinces of the Netherlands, 1674 Dec. 1 England and Wales.; United Provinces of the Netherlands. Treaties, etc. England and Wales, 1674 Dec. 1.; England and Wales. Sovereign (1660-1685 : Charles II); United Provinces of the Netherlands. Staten Generaal. 1675 (1675) Wing C3621; ESTC R2379 5,861 10

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Treatie of Marine Between the Illustrous and Most Mightie KING CHARLES THE SECOND By the Grace of GOD King of Greate Brittain France and Ireland Defendor of the Faith c. AND THE High Mightie LORDS the STATES GENERALL of the VNITED NETHERLANDS To be observed in all the severall partes throughout the whole VVorlde by Land and by Sea Concluded in London the first of December 1674. In the Savoy Printed by the Assings of Iohn Bill and Christopher Barker Printers to the Kings most Majesty 1675. Treatie of Marine Between the Illustrous and most Mightie KING CHARLES THE SECOND By the Grace of GOD King of Greate Britain France and Ireland Defendor of the Faith c. And the High Mightie LORDS the STATES GENERALL of the UNITED NETHERLANDS To be observed in all the severall partes throughout the whole Worlde by Land and by Sea Concluded in London the first of December 1674. WHereas by the Treatie Concluded at Westminster the 9 19 of Febr. 1674. between the Illustrous and most mightie King Charles the second by the Grace of God King of Greate Brittain France and Ireland defendor of the faith c. And the High and Mightie States Generall of the united Netherlands it is agreed by the Eigth and Nineth Article That six Commissionors to be named on the parte of the said Illustrous King of Greate Brittaine with the like number on the parte of the Lords the States Generall to be sent to London A treatie shoules bemade And whereas Thomas Lord Culpeper George Downing Knight and Baronet Richard Ford William Thompson Knights Iohn Iollif and Iohn Buck worth Esquires are to that End appointed by the aforenamed Illustrous King of Greate Brittaine As also that Iohn Corver and Giles Sautin Schepen and Councell of the Cittie of Amsterdam Samuel Beyer and Andrew van Vossen Councell and Recorder of the respective Citties of Rotterdam and Enckhuysen Pieter Duyvelaer late Burghemaster of Middelburgh And Michel Michelson Schepen and Councell of the Cittie of Flushing Commissionors sent to London on the parte of the Lords States Generall have had Severall meetings and debates touching that matter have finally by vertue of their full powers incerted at th' End of this treatie in order to th' aforesaid Articles unanimously Consented and agreed on the following Articles of A Treatie of Marine to be observed in all the Severall partes of the Worlde by Land and by Sea I. All and Everie the subjects of the most serene and Mighty King of Great Brittain beforenamed shall with all safety and Freedome Sail and Traffick with All manner of Marchandises in all Kingdomes Countries and Estates wich are or shal be in Peace Amitie or Newtrallitie with the said King without being troubled or disquieted in that libertie by any of the Ships of Warr or other Vessels belonging unto the States Generall or any of their subjects under Colour of any Emnity or difference wich now or hereafter might happen to arise betweene the States Generall and any Nation which shal be in Peace and Newtralitie with the said King In like manner all and Everie the subjects of the States Generall shall with all Safety and Freedome Saile and Traffick with all Manner of Marchandises in all the Kingdomes Countries and Estates wich are or shal be in Peace Amitie or Newtrallitie with te said States whout being troubled or disquited in that libertie by any of the Ships of Warr or other Vessels belonging to the said King or any of his subjects under Colour of any Emnity or difference which now or hereafter might happen to arise betweene the said King and any Nation which shal be in Peace and Newtrallitie with the said States II. This Freedome of Navigation and Traffick shall extend to all sortes of Marchandises which may be transported in times of Peace and shall not be disturbed under any pretence of warre Savenig only suck goods as are declared Contrabande in the following Article III. Under the name of Contrabande or wares forbidden are only comprehended Armes Muskets or Barrels and their appurtenances Fireworkes Gunpowder Match Ball Swords Lances Pikes Halbards Canon Mortar-peeses Petards Granadoes Rest Bandeliers Saltpeter Muskets Bullets Morions Headpeeses Brestplates Quirasses and such like Armes Souldiers Horses and all Manner of vtensils belonging to horse Holsters Belts and whatsoever elce may be needfull in War IIII. Amongst the wares forbidden or Contrabande these following shall not be included viz Cloth and all Manufactures Made of Wool Linnen Cotton or any other Stuffes all Manner of clothes or clothings with the Stuffes whereof they are made Gould or Silver Coined or Uncoined Tinn Iron Lead Copper Coales Wheate Barley and all other Kinde of Corne Tabacco and all manner of Spice Salted and dried Flesh or Fish Cheese or Butter Beere Oile Wine Sugar and al Kinde of Salte as also all manner of things usefull for the food of mankinde furthermore Hempe Tarre Pitch all sortes of Roapes Sailes Anckers Masts Plancks for Schipping Deales and Balkes of all Sortes and Generally all things necessary for building or repairing of shipps Yea all manner of wares and Merchandise shal be Accounted free which are not Expressed in the foregoing Article and the transportation of them shal be permitted by any of the Kings subjects Even unto places in Emnity with the States as also in like manner by any of the subjects of the States unto places In Emnity with the King Except such Citties and places as are besiedged blocked up or Invested V And to remove all manner of differences or discontents which might happen by Land or Sea it is agreed that all Ships belonging unto the subjects of the said King which shall enter Into any roade or porte belonging unto the States and purposing te pass from thence schalbe only obliged to shew unto th' Officers off such porte or in case there be any Ships of warre or other Ships having Commission unto the Chiefe Commandors thereof their pasports without paying or giveing ought unto them But in Case they shall meete with any of the States Ships of warre or others having Commission at Sea without the Territories of the said States they shall keep at A reasonable distance and shall only with two or three men in their boate go aboarde of such Ship or Vessel as shall belong unto any of the Kings subjects to see the Pasports Containg the Lading of such Ship wich being shewed by the Captaine or Master of such Vessell they may not be hindred retarded or forced to alter his course And the subjects of the States Generall shall Enjoy the like freedome Havinge shewed their Pasports in manner as aforesaid the Content wherof shal be as hereafter is Expressed VI. But if any Ship belonging unto the subjects of the said King shall saile to any porte in Emnity with the States or any Ship belonging unto any subject of the States shall saile to any porte In Emnity with the said King be met at sea such Ship shall not
only shew his pasports in forme as hereafter is Expressed which he shal be obliged to have but also Certificates made by the Customer of that porte from whence he shal set saile Containing the Lading of such Ship to th' End it may be knowne Whether he have any Marchandises in his Ship which are forbidden by the third Article of this treatie VII And in Case any goods or Marchandises which are before declared to be contrabande or forbidden befound or discovered by viewing of the said Certificates to be made by the Customer of that porte from whence such Ship shall set saile and be bound to any porte in Emnity with th' other partie the Commander in chiefe of that Ship where such goods are found Whether hebe A subject of the said King or of the States shall not breake open the said Trunkes Cases Packs or Fatts Wherem such goods are but in presence of surveyors appointed by the Iudges of Sea affaires to be by them Inventorised Yet none of them shal be sould disposed of or alienated before Judiciall proceedings be made and that the Judges of sea Causes shall by their sentence have Condemned the same Yet the Ship and all other Marchandises which be-found therein and are not forbidden by this treaty shal be free and not detained or Confiscated under any Pretence of Contraband goods Whatsoever And in case some parte of the Lading only be forbidden and Contrabande goods the Commandor in Chife of such Ship shewing him self willing and readie to deliver such unto him that shall have found them shall not in such case be forced to Enter Into any porte but lefte al libertie nor ani wise hindred in the prosecution of his Intended voyage VIII It is further agreed that all Goods belonging to subjects of the said King which shal be found in Ships belonging to Ennemies of the States though otherwise free shal be Confiscable and on the Contrary free whatsoever shal be laden in Ships which belong unto subjects of the said King though the whole Lading or any parte thereof might belong unto th'Ennemies of the States Contra bande goods Excepted which being seised shal be proceeded aganist as in th'aforegonig articles In likemanner what goods soever belonging to the subjects of the States Generall which shal be found laden in any Ship belonging to th'Ennemies of the said King though otherwise free shal be Confiscable and on the Contrary free whatsoever shal be laden in Ships which shall belong unto subjects of the States though the whole Lading or any parte thereof might belong unto th'Ennemies of the said King Contra bande goods Excepted which being seised shal be proceeded against as in th'aforegoeing articles But to th' End that no unexpected dammage bedone by th' one being In peace when th' other may be in warr it is provided and agreed that any Ship belonging to th'Ennemy of th' other and laden with goods belonging to the subjects of th' other the said goods shall not thereby be confiscable in case they were laden before the day and time agreed upon after declaring and publication of such war viz if the goods were laden betweene the Soundings and the ness in Norway within six Weekes after such declared war from the said Soundings to the Cittie of Tanger within two Moneths and ten Wekes within the Mediteranean Sea or within Eight Moneths in all other Coasts and places of the Worlde Where fore the goods which shal be found laden in Ships belonging to th'Ennemy and appertaining unto the subjects of his Majesty shall not be forfeited but immediatly delivered unto the owners thereof unless they were laden after the day and time limitted within the severall districts aforesaid Yet so as the said wares which are called Contrabando and for the said reason confiscable shall not be transported to any porte belonging to th'Ennemy In like manner the goods which shal be found laden In Ships belonging to th'Ennemy appertaining unto the subjects of the States shall not be forfeited but Immediatly delivered unto th'owners thereof unless they were laden after the day and time limitted within the severall districks aforesaid Yet so as the said wares which are Called Contrabando and for the said reason Confiscable shall not be transported to any porte belonging unto th'Ennemy IX And to th' End that his Majesties and the States subjects may be secured from dammage by Each others Ships of warr or haveing private Commissions all Commandors in chiefe of any his Majesties or the States Ships of warr as also all their subjects Haveing private Commissions and such as have Priveledge to Navigate to and fro shal be Commanded to abstaine from doing of any dammage to Each other and In case they do otherwise they shal be punnished and moreover be obliged to repair the dammage where unto their persons and goods shal be lyable X. Wherefore all Commanders in Chiefe of private men of war shall before they have their Commissions give suffitient security by ablemen that are not owners or otherwise Interessed therein in the somme of fifteene hundred pounds sterling or Sixteene Thowsand five hundred Guildens that they will give full satisfaction for any injuries or wrongs which that Ship may Commit in their Courses at Sea and for their Captaines and Officers which shall violate this present treatie or any other betweene his Majestie and the said States under penalty of forfeiting their said Commissions In which the said Caution shal be incerted as aforesaid And moreover it is agreed that the Ship shal be obliged to satisfie repaire all such injurie and dammage as shal be committed XI His Majestie and the said States shall treate Each others subjects within their respective territories with the like favour shall when any prizes are-taken give their Commands That Iustice bedone according to the rules of Equity Iustice by Iudges unsuspected and unconcerned in the matter under debate And his said Majestie and the States shall give strict orders that all decrees Iudgments and orders already given and to be given shal be Executed according to the tenure of them XII When the Ambassadours of the said States Generall or any other of their publick Ministers residing at his Majesties Court shall make Complainte of the Iudgements which shal be given his Majestie will cause a review to bemade of the said Iudgement in his Councell to Examine whether the order and precautions Contained in the present treatie have bin followed and observed and will also provide that Everie plaintiff shal have Iustice done him within the space of three Moneths at the farthest And when in like manner his Majesties Ambassador or other publick Minister Residing with the States shall make Complainte of the Iudgments which shal be given the States Generall shall cause A review to be made of the said Iudgment in th' assembly of the States Generall to Examine whether the order precautions contained In the present treatie have bin followed and observed nevertheless It shall not be lawfull either before or after any decree the review Yet pendant to unlade or sell any of the goods in dispute Without the consent of parties concerned therein XIII The case depending betweene the takers of prizes and the claymors or defendants if it be decreed in favour of the defendant such decrees shal have its Execution under caution given notwithstanding the taker may have appealed which rule shal not be followed when A decree is past against the defendant XIV And because Masters of Marchants Ships and their Mariners do many times suffer barbarous cruelties when in times of warr they fall in the hands of Capers by forceing of them to confess what they Would have It is agreed that his Majestie and the States Generall shall straightly forbid such unchristian like Actions and such as shal be convinced by lawfull witnesses shal be punnished severely in terrour to others and all Commanders in chiefe of Ships which shall upon due proofe have committed such villanous acts by them selves or others at their Instigation or connive at such actions being acted shall above the punnishint to be Inflicted beturned out of their service and such Ship as shall betaken and brought in as prize whereof the Master or Mariners shall have suffered any torture shall Immediatly be restored and freed from any further Inquisition or Incumbrance whatsoever with all her lading XV. It is also agreed that severe punnishment shall likewise be Inflicted on those who shall transgress against the 21 Article of the treatie of peace concluded at Breda by takeing of Commissions from An Ennemy to rob the Ships of an allie otherwise then is Expressed in the said Article XVI Lastly it is agreed and concluded that this present treatie and Every particular clause therein shal be ratefied and confirmed assoone as possibly it may and that the respective ratifications shal be Exchanged within two Moneths after the date hereof And that the said treatie whin one Moneth after the said ratification shall be Exchanged shal be delivered in due forme unto the Chiefe directors of th' English Companies trading to th' East Indies and Africa as also to the directors of the East and West India Companies of the Netherlands And that his Majestie and the States Generall shall give Notice hereof to all their respective Governors and Commanders of Collonies and places In anie parte of the Worlde as soone as possibly it maybe to th' End that Everie one within the Limits of his Command may precisely observe and Execute the same In all which and Every particular therein Contained Wee the Commissioners on the behalf of his Majestie and the States Generall beforenamed by vertue of the power granted unto us have subscribed our Names unto these Articles and Sealed them with our seales In London the first of December 1674. And was Signed Th. Culpeper L. S. G. Downing L. S. Richard Ford. L. S. Will. Thomson L. S. Iohn Iollif L. S. Iohn Buckworth L. S. L. S. I. Corver L. S. G. Sautijn L. S. Samuel Beyer L. S. And. van Vossen L. S. Petrous Duvelaer L. S. Mich. Michielsen FIN