Loss together with all even the smallest things thereto appertaining forthwith restored to him whose it was before and in the same Condition wherein it was then when it was taken without tergiversation delay or any kind of pretence VII Under this present Treaty of Peace shall be comprehended those Who shall be comprehended in this Treaty who before the Exchange of Ratifications or afterwards within Six Months shall be by common Consent nominated by both Parties And as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be VIII Lastly These Articles to be observed by both Kings It is Concluded Covenanted and Agreed That the foresaid Most Serene and Most Potent Kings shall sincerely and bona fide observe all and singular the Articles contained and established in this present Treaty and shall cause the same to be observed by their Subjects and Inhabitants neither shall they directly or indirectly transgress them or suffer them to be transgressed by their Subjects or Inhabitants directly or indirectly And they shall Ratifie and Confirm all and every thing as they are above Covenanted Ratifications to be Exchanged by Letters Patents Subscribed with their Hands and Corroborated with their Great Seals conceived and written in sufficient valid and effectual Form and shall reciprocally deliver or cause the same to be delivered here at Breda bona fide really and effectually within the space of Four Weeks next ensuing the Date of these Presents or sooner if it may be done Breda the 21 31 day of July 1667. Articles of Peace and Alliance 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 the 21 31 day of July 1667. I. FIrst A firm Peace concluded That from this Day there be a true firm and inviolable Peace sincere Friendship a nearer and straiter Alliance and Union between the Most Serene King of Great Britain and the High and Mighty States General of the United Provinces of the Netherlands and the Lands Countries and Cities under the Obedience of both Parties wheresoever situate and their Subjects and Inhabitants of what Degree soever they be II. Also That for the time to come all Enmities Enmities to cease Hostilities Discords and Wars between the said Lord the King and the foresaid Lords the States General and their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions Places and Governments of what Condition soever they be within the Jurisdiction of either Party III. Also Injuries to be forgiven That all Offences Injuries Damages Losses which His said Majesty and His Subjects or the foresaid States General and their Subjects have on either Side sustained during this War or at any time whatsoever heretofore upon what Cause or Pretence soever be buried in Oblivion and totally expunged out of Remembrance as if no such things had ever past Furthermore that the foresaid Peace Both Parties to keep what they have Friendship and Alliance may stand upon firm and unshaken Foundations and that from this very Day all Occasions of new Dissention and Difference may be cut off It is further Agreed That both thē Parties and either of them shall keep and possess hereafter with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies how many soever as during this War or in any former Times before this War they have by Force of Arms or any other way whatsoever gotten and detained from the other Party and that altogether after the same manner as they had gotten and did possess them the 10 20 day of May last past none of the same Places being Excepted IV. Moreover Ships Goods c. to remain to the Possessors That all Ships with their Furniture and Merchandise and all Moveables which during this War or at any time heretofore have come into the Power of either of the forementioned Parties or their Subjects be and remain to the present Possessors without any Compensation or Restitution so as each one become and remain Proprietor and Possessor for ever of that which was so gotten without any Controversie or Exception of Place Time or Things V. Moreover That all Actions Suits and Pretensions whatsoever they be or in what manner soever they have been restrained circumscribed defined or reserved in any Articles of Peace or Alliance already made and especially in the fifteenth Article of that Treaty which was Signed in the Year 1662. which His said Majesty and the said States General or their Subjects may or would prosecute or move against one another about such matters or things as have happened during this War or in any former Times as well before as after the foresaid Treaty of 1662. until the Day of this present Alliance be and remain void obliterated and disannulled All Actions Suits and Pretensions renounced As His said Majesty and the said States General shall declare and they do hereby declare That by vertue of these Presents they will for ever totally renounce even as hereby they do renounce all such Actions Suits and Pretensions for themselves and their Successors so as in regard of them nothing more may or ought ever to be urged on either Side and nothing to be moved thereupon hereafter VI. But if after the 10 20 day of May Places taken since the 10 20 of May to be restored expressed in the precedent third Article or after the Peace is made or this Treaty Signed either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies or other Places whatsoever all and every of them without any distinction of Place or Time shall be restored bona fide in the same state and condition wherein they shall be found to be at the Time whensoever it shall be known in those Places that the Peace is made VII But to avoid all matter of Strife or Contention hereafter that useth sometimes to arise concerning the Restitution or Liquidation of such Ships Merchandise and other Moveables as both Parties or either of them may pretend to have been taken or gotten in Places and Coasts
Great Britain and the said States General of the United Provinces by Letters Patents on both Sides Sealed with the Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it can be done and that within the said time the Ratifications on both Sides shall be Exchanged at Breda and that presently after the Delivery and Exchange of the same this Treaty and Alliance shall be published in such Form and Place as is usual Done at Breda the 21 31 day of July 1667. THE SEPARATE ARTICLE IF it happen that any Tapistry Hangings Carpets Pictures or Houshold-Furniture of what kind soever or Precious Stones Jewels Rich Curiosities or other Moveable Goods whatsoever belonging to the King of Great Britain either now are or hereafter shall be found to be in the hands or power of the said States General or of any of their Subjects the said States General do promise that they will in no wise protect the Possessors of any Moveables appertaining unto the said King which Goods may be taken from them in such manner that they who shall make difficulty to restore them freely may not be dealt withall by any means contrary to Equity and Justice And the said States do promise to use their most effectual Endeavours that a plain and summary way of Proceeding may be taken in this Affair without the ordinary Form and Method of Process usually observed in Courts and that Justice be administred whereby His said Majesty may be satisfied as far as possibly may be without the wrong of any one Also That if any of those who are guilty of that horrible Treason and Parricide committed upon King CHARLES the First of most blessed Memory and lawfully Attainted Condemned or Convicted of the same either now are in the Dominions of the said States General or shall hereafter come thither as soon as ever it shall be known or signified to the said States General or any of their Officers they shall be apprehended put into Custody and sent Prisoners into England or delivered into the hands of those whom the said King of Great Britain shall appoint to take charge of them and bring them home Done at Breda the 21 31 day of July 1667. His Majesties Declaration concerning the Restoring of all Places Forts c. which his Subjects shall have taken or recovered from the Dutch after the 10 20 day of May last past CHARLES the II. by the Grace of God King of Great Britain France and Ireland Defender of the Faith c. We do hereby make known and testifie unto all and every person and persons whom it doth or may any way concern That whereas in the Treaty of Peace Concluded at Breda the 21 31 day of July 1667. between Us and the High and Mighty Lords States General of the United Netherlands it is Agreed in the third Article That each Party is to hold and possess for the time to come with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies as during this War or in any former Times before this War they have by force of Arms or any way whatsoever gotten or detained from the other Party after the very same manner as they had seized and did possess them on the 10 20 day of May last past not excepting any of the said Places And whereas furthermore for the avoiding of all matter of Strife and Contention which useth sometimes to arise by reason of Restitutions it is also Agreed in the sixth Article That if either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies and other Places after the said 10 20 day of May last past all and every of the Premisses without any distinction of Time and Place are forthwith to be restored in the very same Condition wherein they shall be found to be at the time whensoever certain notice shall come to those Places that the Peace is renewed We do hereby Require and Command all Our Governors Officers Commanders and Souldiers both by Sea and Land of what Quality and Condition soever they be as well within Europe as without that they do not onely forbear and totally abstain from all Hostility according to the Tenor of the foresaid Treaty but also if at any time it shall happen or come to pass that any Lands Islands Cities Forts Colonies and other Places wheresoever situated shall be taken from the United Netherlanders or recovered from them and brought under Our Power after the expiration of the said 10 20 day of May That they restore them all without any delay or excuse unto those Persons who shall exhibit these Letters Patents in such Condition as they shall be found in at the Time when the renewing of the Peace shall be notified there without any Diminution Detraction Waste or Embezilment whatsoever upon pain of Our highest Displeasure Given at Westminster the Nine and twentieth day of July Old stile and Eighth day of August New stile in the Year of our Lord 1667. and of Our Reign the Nineteenth Articles of 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 the 21 31 day of July 1667. WHereas by those Articles of Peace Preface Vnion and Alliance which are this Day Concluded between His Majesty the King of Great Britain and the States General of the United Provinces it is specially and carefully provided That all the dismal and calamitous effects of War may forthwith cease and that the Peace so much desired by all may be restored in all Kingdoms and Dominions of both Parties and unto all their Subjects and Inhabitants And the measure of Time and Affairs hath not permitted them to weigh in an equal Balance and thereby exactly to Adjust all and every thing and things which were to be observed and considered about the foresaid Articles especially about those which belong to the Rules of free Navigation and Trade and that it may be feared the Inhabitants and Subjects of both Parties may fall back again into new Quarrels and Dissentions and the Differences now Composed may bleed afresh if they be not bound up by some certain Laws about those things which concern Navigation and the 〈◊〉 Trade Therefore by the Mediation and Endeavâ—◠〈◊〉 the Swedish Ambassadors the forementioned 〈…〉 have further Agreed unto these Separate Art 〈…〉 I. THat all such Proclamations and Acts of State which either Party hath published All Acts c. contrary to the liberty of Trade abrogated by reason of this War to the prejudice of the other Party against the liberty of Navigation and Trade be abrogated on both Sides II. That for the Elucidation of that Act which the King of Great Britain caused to be published in the Year 1660. What Goods
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
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
the Hegira One thousand eighty seven 1087. L. S. Bashaw L. S. Dey L. S. Divan L. S. Admiral Articles of Peace 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 Westminster the 9 19 day of February 1673 4. I. IT is Concluded and Agreed A firm Peace That from this Day there shall be a firm and inviolable Peace Union and Friendship betwixt his Majesty the King of Great Britain and the High and Mighty Lords the States General of the Vnited Provinces and betwixt all their Subjects whether within Europe or without in all Regions and Places whatsoever II. That this good Union betwixt the abovesaid King and the said States General may the sooner take its effect it is by them Agreed and Concluded All Hostilities and Letters of Mart to cease upon the Publication of this Treaty That immediately upon the Publication of this Treaty of Peace all Actions of Hostility shall on both Sides be immediately forbid and no Commission Instruction or Order privately or publickly directly or indirectly be on either Side given or countenanced for the Infesting Attaquing Fighting or Spoiling of each other their Dominions or Subjects but on the contrary all peaceable and amicable Comportments enjoyned to the Subjects of both Nations III. But in respect the Distances of Places are so different that the Orders and Commands of the respective Sovereigns cannot at the same time reach all their Subjects it hath been thought fit to appoint these following Limits for the committing any Acts of Hostility or Force upon each other When Hostilities shall cease in the several Parts of the World viz. That after the expiration of Twelve days next following the Publication of this Treaty no Hostility shall be acted from the Soundings to the Naz in Norway nor after the term of Six weeks betwixt the Soundings and Tangier nor after the term of Ten weeks betwixt the said Tangier and the Aequator neither in the Ocean Mediterranean or elsewhere nor after the term of Eight months in any part of the World And whatsoever Actions of Hostility and Force shall be committed after the expiration of the aforesaid terms upon colour of whatsoever former Commission Letters of Mart or the like shall be deemed as Illegal and the Actors obliged to make Reparation and Satisfaction and punished as Violators of the Publick Peace IV. That the aforesaid States General of the Vnited Provinces Article for Striking in due acknowledgment on their part of the King of Great Britain's Right to have his Flag respected in the Seas hereafter mentioned shall and do Declare and Agree That whatever Ships or Vessels belonging to the said Vnited Provinces whether Vessels of War or others or whether single or in Fleets shall meet in any of the Seas from Cape Finisterre to the Middle Point of the Land Van Staten in Norway with any Ships or Vessels belonging to his Majesty of Great Britain whether those Ships be single or in greater number if they carry his Majesty of Great Britain's Flag or Jack the aforesaid Dutch Vessels or Ships shall strike their Flag and lower their Top-sail in the same manner and with as much Respect as hath at any Time or in any Place been formerly practised towards any Ships of his Majesty of Great Britain or his Predecessors by any Ships of the States General or their Predecessors V. Whereas the Colony of Surinam Concerning Surinam and the Articles made upon the Surrender thereof 1667 betwixt William Biam then Governor thereof for his Majesty of Great Britain and Abraham Quirini Commander for the States General have in the Execution of them administred much occasion of Dispute and contributed much to the late Misunderstanding betwixt his Majesty and the said States General The Articles made by Colonel Biam to stand good to remove all Grounds of future Mistakes the said States General do by these Agree and Covenant with the said King of Great Britain That not only the fore-named Articles shall be Executed without any manner of Tergiversation or Equivocation but that likewise it shall be free for his Majesty to Depute one or more Persons thither English at Surinam to be permitted to leave the Place and bring away their Estates to see the Condition of his Subjects there and to adjust with them a Time for their Departure And that it shall be lawful for his Majesty to send one two or three Ships at one time and thereon to Embarque and carry away the said Subjects their Goods and Slaves And that the then Governor there for the States General shall not make or execute any Law whereby the buying or selling of Land paying of Debts or commutation of Goods shall be otherwise qualified to the English then it hath or shall be to all other Inhabitants of the Colony but that during their stay they shall enjoy the same Laws and Priviledges of suing for Debts and paying their Debts making Bargains and Contracts as hath been usually practised amongst the other Inhabitants And that whensoever his Majesty of Great Britain shall desire of the States General sufficient and authentique Letters to the Governor of the said Colony to suffer the said English to depart and permit the coming of the said Ships the said States General shall within the space of fifteen days after such Demand deliver unto whomsoever Deputed by his Majesty of Great Britain for that purpose full and sufficient Letters and Instructions to their Governor there for permitting the arrival of the Ships as well as the Embarquing of such of his Majesties Subjects as shall declare themselves willing to go away with their Goods and Slaves to be Transported where his Majesty shall direct VI. It is Agreed and Concluded Concerning the restitution of Places That whatever Country Island Town Haven Castle or Fortress hath been or shall be taken by either Party from the other since the beginning of the late unhappy War whether in Europe or elsewhere and before the expiration of the Times above limited for Hostility shall be restored to the former Owner in the same Condition it shall be in at the time of the publishing this Peace after which time there shall be no Plundering of the Inhabitants or demolishing of the Fortifications or carrying away the Artillery and Ammunition belonging to any Fort or Castle at the time of its having been taken VII That the Treaty of Breda made in the Year 1667 All preceding Treaties to continue in force as all other former Treaties Confirmed by the said Treaty be Renewed and remain in their full force and vigour so far forth as they contradict nothing in this present Treaty VIII That the Marine Treaty made at the Hague between the two Parties in the Year 1668 Marine Treaty of 1668
to continue in force for Nine months and the Consideration of a new one to be referred to Commissioners be continued for Nine months after the Publication of this present Treaty unless it shall be otherwise Agreed on by a subsequent Treaty and that in the mean time the Consideration of a new one be referred to the same Commissioners to whom the Trade in the East-Indies is referred in the subsequent Article But if such Commissioners within Three months after their first meeting shall not agree upon a new Marine Treaty In case the Commissioners shall not Agree within three months it shall be left to the Arbitration of Spain then that Matter shall also be referred to the Arbitration of the Most Serene Queen Regent of Spain in the same manner as the Regulation of the East-India Trade is referred to her Majesty in the said Article next following IX In respect that upon the mutual free Concerning a Regulation of Commerce in the East-Indies and undisturbed enjoyment of Trade and Navigation not onely the Wealth but the Peace likewise of both Nations is most highly concerned there ought nothing to be so much the care of both Parties as a just Regulation of Trade and particularly in the East-Indies and yet in respect that the weightiness of the Matter requireth much time to make firm and durable Articles to the Content and Security of the Subject on both Sides and on the other side the bleeding Condition of most part of Europe as well as of the two Parties concerned earnestly demand a speedy Conclusion of this Treaty the King of Great Britain is pleased to condescend to the Desires of the States General to have the Consideration of the same referred to an equal number of Commissioners to be nominated by each Party the said States General Engaging themselves to send those of their nomination to Treat at London with those to be nominated by his Majesty Commissioners to be sent to London to Treat about the same and this within the space of Three months after the Publication of this Treaty The number to be nominated by each to consist of six Persons And in case that after Three months from the time of their first Assembling they shall not have the good success to conclude a Treaty the Points in difference betwixt them shall be referred to the Arbitrement of the Most Serene Queen Regent of Spain who shall nominate eleven Commissioners and whatsoever the major part of them shall determine as to the remaining Differences shall oblige both Parties Provided still that they deliver their Judgment within the space of Six months from the day of their Assembling which shall likewise be within the space of Three months after the said Most Serene Queen Regent of Spain hath accepted of the being Umpire X. That whereas the Most Serene Queen Regent of Spain hath given Assurance to his Majesty of Great Britain 800000 Patacoons to be paid to his Majesty That the said States General should upon the making of the Peace pay unto his said Majesty the King of Great Britain the Sum of 800000 Patacoons The said States General do Promise and Covenant to pay the said 800000 Patacoons in this following manner viz. A fourth part as soon as the Ratification of this Treaty shall be mutually Exhibited and the rest the three ensuing Years by equal Portions XI The aforesaid Most Serene King of Great Britain and the said High and Mighty States General of the Vnited Provinces shall observe sincerely and bona fide all and singular the Matters Agreed and Concluded in this present Treaty and cause the same to be observed by their Subjects and Inhabitants nor shall they directly or indirectly violate any of them or suffer them to be violated by their Subjects or Inhabitants About the Ratification And they shall Ratifie and Confirm all and every thing as before Agreed by Letters Patents Subscribed with their Hands and Sealed with their Great Seals conceived and written in sufficient valid and effectual Form and shall deliver or cause the same to be delivered reciprocally within Four weeks after the Date of these Presents or sooner if it may be bona fide really and with effect XII Lastly And Publication Assoon as the said Ratifications shall have been duly and mutually Exhibited and Exchanged the Peace shall be Proclaimed at the Hague within Four and twenty hours after the Delivery and Exchange there made of the said Ratifications Done at Westminster the 9 19 day of February 1673 4. A Treaty Marine 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 to be observed throughout all and every the Countries and Parts of the World by Sea and Land Concluded at London the First day of December 1674. S.V. Article I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince English to Trade freely to all Places in Amity or Neutrality with the States the King of Great Britain aforesaid with all freedom and safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with his said Majesty So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the High and Mighty States General of the Vnited Netherlands or to their Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Lords the States General and any Princes or People whatsoever in Peace Amity or Neutrality with his said Majesty And likewise that it shall and may be lawful for all and every the Subjects of the said High and Mighty Lords the States General of the Vnited Netherlands Dutch to Trade freely to all Places in Amity or Neutrality with England with all freedom and safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with the aforesaid Lords the States So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces not by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Serene and Mighty King above mentioned or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between his said Majesty and any Princes or People whatsoever in Peace Amity or Neutrality with the said Lords the States II. Nor shall this freedom of Navigation and Commerce be infringed by
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
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
the Harbours of either not being of the Subjects or Inhabitants of either Nation they in or out of whose Haven or Jurisdiction the said Ships shall be taken shall be bound to endeavour with the other Party that the said Ship or Ships be pursued brought back and restored to the Owners but all this shall be done at the Charges of the Owners or whom it concerns XXX That Searchers and other like Officers on both Sides shall regulate themselves according to the Laws of either Nation Searchers c. to regulate themselves according to the Laws of the Country and shall not impose or demand more then they are allowed by their Commissions and Instructions XXXI That if any Injury be done or practised by either Nation or the Subjects or Inhabitants of the same against the Subjects or Inhabitants of the other or against any of the Articles of this present Treaty or against common Right No Letters of Marque to be granted but upon denial of Justice yet nevertheless no Letters of Reprisal Marque or Counter-marque shall be granted by either Side till Justice hath been first demanded according to the ordinary course of Law but in case Justice be there denied or delayed then that the said King of Great Britain and the said States General or Commissioners of that Nation whose Subjects and Inhabitants have suffered the Wrong shall publickly require Justice from that other Party where as abovesaid it was denied or delayed or from that Power appointed to hear and decide such Differences that there may be a friendly Composure or due Process of Law But if still there happen more delays and neither Justice be administred nor Satisfaction given within Three months after such Demand that then Letters of Reprisal Marque or Counter-marque may be granted XXXII It is also Agreed In case of a future War Six Months to be allowed for Ships c. to go away If at any time it happen which God of his mercy forbid that the Differences now Composed between His said Majesty and the said States General should fester and break out again into open War that then those Ships Merchandise or any kind of Moveables of either Party which shall be found to be and remain in the Ports and under the Command of the adverse Party on either Side shall not for all that be Confiscated or made obnoxious to any Inconvenience but the space of Six Months shall entirely be allowed to the Subjects and Inhabitants of either Party that they may have leisure to Transport from thence the forementioned things and any thing else that is theirs whither they shall think fit without any kind of Molestation XXXIII That they who have obtained private Commissions from either Party Privateers to give Caution before they receive such Commissions shall give good and sufficient Caution before the Judge of the Court where they receive such Commissions by responsible Men who have no part or share in such Ships that they shall do no Damage or Injury to the Subjects or Inhabitants of either Side XXXIV It is also Agreed and Concluded Each Party to to have free access to the others Ports That the Subjects and Inhabitants of either Party shall always have free access to each others Sea-Ports there to remain and from thence to depart with the same freedom and not onely with their Merchant-Ships and Lading but also with their Men of War whether they belong to the said King or States General or unto such as have obtained private Commissions whether they arrive through violence of Tempest or other Casualty of the Seas or to mend their Ships or to buy Provision so they exceed not the number of Eight Men of War when they come there voluntarily nor shall remain or abide longer in the Havens or Places adjacent then they shall have a just cause to repair their said Ships or to buy Victuals or other Necessaries Concerning Men of War coming to any Port. And if a greater number of Men of War should upon occasion desire to come unto such Ports they shall in no case enter thereinto until they have first obtained leave from those to whom the said Havens do appertain unless they be forced so to do by Storm or some force or necessity whereby they may avoid the danger of the Sea In which case also they shall presently make known the cause of their coming unto the Governor or chief Magistrate of the Place and shall stay no longer then the said Govenor or chief Magistrate shall permit them and shall not do any Acts of Hostility or other Prejudice in the aforesaid Havens during their abode there XXXV Furthermore it is Agreed and Concluded This Treaty to be observed That both Parties shall truly and firmly observe and execute this present Treaty and all and every the Matters contained therein and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation XXXVI Also for further caution and assurance that this Treaty and Confederacy shall be duly and bona fide observed on the part of the said States General of the United Provinces and their People It is Concluded and Agreed as also the said States General by these Presents do agree and firmly obblige and bind themselves Stateholder of Holland to Confirm this Treaty That all and every one whom they or the States of the Provinces shall at any time choose appoint or make Captain-General Governor or chief President or Stateholder General of Armies or Military Forces by Land or Admiral or General of the Fleets Ships or Forces at Sea shall be bound and obliged by Oath to Confirm this Treaty and all the Articles thereof and promise sacredly upon Oath That they shall as far as it is possible religiously observe and execute the same and as much as concerns them cause the same to be observed and executed by others XXXVII Under this present Treaty of Peace those shall be comprehended Who to be comprehended in this Treaty who shall be named by either Party with common Consent before the Exchange of Ratifications or within Six Months after But in the mean time as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be XXXVIII It is also Covenanted Concluded and Agreed About the Ratifications That the present Treaty and all and every thing and things therein contained and concluded shall be Confirmed and Ratified by the said King of
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
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
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
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 Free Ship free Goods e contra That whatsoever shall be found Laden by his Majesties Subjects upon any Ship whatsoever belonging to the Enemies of the Lords the States 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 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 the Lords the States 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 Laden by the Subjects of the Lords the States in any Ship whatsoever belonging to the Enemies of his Majesty 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 Lords the States 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 Except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles Goods Laden before War is Declared by either of the Parties against a third State in whose Ship the said Goods are not to be forfeited And least any Damage should by Surprise 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 Times hereafter mentioned after the Declaration or Publication of any such War 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 taken or seised in any Ship or Vessel whatsoever of any Enemy of the Lords the States 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 Lords the States taken or seised in any Ship or Vessel whatsoever of an Enemy of his Majesty 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 and of the said States 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 as of the said States Privateers and Companies to make Restitution in case of a Contravention 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 Privateers to give Security shall from henceforth be obliged before they receive their Commissions 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 Gilders and when they have above One hundred and fifty Men then in the Sum of Three thousand pounds Sterling or Three and thirty thousand Gilders that they will give full Satisfaction for any Damages or Injuries whatsoever which they or their Officers or others intheir Service shall commit in their Courses at Sea contrary to this present Treaty or any other whatsoever between his Majesty and the said States and upon pain of Revocation and Annulling 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 and the said States being desirous that the Subjects of each other may be mutually Treated in all Countries under their Obedience respectively Judgments upon Prizes to be given according to Justice with the like kindness as their own Subjects will give all necessary and effectual Orders the Judgments upon Prizes taken be given according to the Rule of Justice and Equity by Judges beyond all suspicion and not any way concerned in the Cause under Debate And his Majesty and the said States 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 of the said Lords the States Upon complaint against Sentences the same to be Reviewed within Three months or any other their Publick Ministers Resident at the Court of his Most Serene Majesty of Great Britain shall complain of the unjustness of Sentences which have been given his Majesty will cause the same to be Reviewed and Examined in his Council that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and will also take care that the same be fully provided for and that Right be done to the Party complaining within the space of Three months And likewise when the Ambassadors or other Publick Ministers of his Majesty Resident with the States
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
to their choice and consented to by the ordinary Judges as often as there shall be occasion and they shall not be constrained to shew their Books and Papers of Accompt to any Person if it be not to give Evidence for the avoiding Law-Suits and Controversies neither shall they be Embarqued Detained or taken out of their hands upon any pretence whatsoever And it shall be permitted to the People and Subjects of either King in the respective Places where they shall reside to keep their Books of Accompt Books of Accompt not subject to any Inquisition Traffick and Correspondence in what Language they please in English Spanish Dutch or any other the which shall not be molested or subject to any Inquisition And whatsoever else hath been granted by either Party concerning this Particular to any other Nation shall be understood likewise to be granted here XXXII That in case the Estate of any person or persons shall be Sequestred or Seised on by any Court of Justice or Tribunal whatsoever About Confiscation of Estates within the Kingdoms and Dominions of either Party and any Estate or Debt happen to lie in the hands of the Delinquents belonging bona fide to the People and Subjects of the other the said Estate or Debts shall not be Confiscated by any of the said Tribunals but shall be restored to the true Owners in specie if they yet remain and if not the value of them according to the Contract and agreement which was made between the Parties shall be restored within three Months after the said Sequestration XXXIII That the Goods and Estates of the People and Subjects of the one King Estates of those that die to be kept for the Heirs that shall die in the Countries Lands and Dominions of the other shall be preserved for the lawful Heirs and Successors of the Deceased the Right of any Third person always reserved XXXIV That the Goods and Estates of the Subjects of the King of Great Britain Concerning the Estates of those that die Intestate that shall die without making a Will in the Dominions of the King of Spain shall be put into Inventory with their Papers Writings and Books of Accompt by the Consul or other publick Minister of the King of Great Britain and deposited in the hands of two or three Merchants that shall be named by the said Consul or publick Minister to be kept for the Proprietors and Creditors and neither the Cruzada nor any other Judicatory whatsoever shall intermeddle therein which also in the like case shall be observed in England towards the Subjects of the King of Spain XXXV That a decent and convenient Burial-place shall be granted and appointed to bury the Bodies of the Subjects of the King of Great Britain The English to have a Burial-place for their Dead who shall die within the Dominions of the King of Spain XXXVI If it shall happen hereafter that any Difference fall out which God forbid between the King of Great Britain and the King of Spain whereby the mutual Commerce and good Correspondence may be endangered the respective Subjects and People of each Party shall have notice thereof given them in time that is to say the space of Six months to Transport their Merchandise and Effects without giving them in that time any molestation or trouble or Retaining or Embarquing their Goods or Persons XXXVII All Goods and Rights concealed or Embarqued In case of any Difference between the Crowns Six months notice to be given Moveables Immoveables Rents Deeds Debts Credits and the like which have not with a formal notice of the cause and by a legal Condemnation according to the Ordinary Justice been brought into the Royal Exchequer at the time of concluding this Treaty shall remain at the full and free disposal of the Proprietors their Heirs or of those who shall have their Right with all the Fruits Rents and Emoluments thereof and neither those who have concealed the said Goods nor their Heirs shall be molested for this cause by the Exchequers respectively but the Proprietors their Heirs or those who shall have their Right shall have for the said Goods and Rights their Action at Law as for their own proper Goods and Estate XXXVIII It is Agreed and Concluded English to have all Priviledges granted or to be granted to any other Stranger and reciprocally the Spanish to enjoy the like That the People and Subjects of the King of Great Britain and of the King of Spain shall have and enjoy in the respective Lands Seas Ports Havens Roads and Territories of the one or the other and in all Places whatsoever the same Priviledges Securities Liberties and Immunities whether they concern their Persons or Trade with all the beneficial Clauses and Circumstances which have been granted or shall be hereafter granted by either of the said Kings to the Most Christian King the States General of the United Provinces the Hans-Towns or any other Kingdom or State whatsoever in as full ample and beneficial manner as if the same were particularly mentioned and inserted in this Treaty XXXIX In case any Difference or Dispute shall happen on either side concerning these Articles of Trade and Commerce How to proceed in case any Dispute happen about these Articles by either the Officers of the Admiralty or other Person whatsoever in the one or the other Kingdom The Complaint being presented by the Party concerned to their Majesties or to any of their Council their said Majesties shall cause the Damages forthwith to be repaired and all things as they are above Agreed to be duly executed And in case that in progress of time any Frauds or Inconveniencies be discovered in the Navigation and Commerce between both Kingdoms against which sufficient Prevention hath not been made in these Articles other Provisions may be hereafter mutually Agreed on as shall be judged convenient the present Treaty remaining still in full force and vigour XL. It is likewise Accorded and Concluded That the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep and procure to be observed and kept by their Subjects and Inhabitants respectively all and singular the Capitulations in this present Treaty Agreed and Concluded Neither shall they directly or indirectly infringe the same or consent that the same shall be infringed by any of their Subjects or Inhabitants About the Ratifications And they shall Ratifie and Confirm all and singular the Conventions before Accorded by Letters Patents reciprocally in sufficient full and effectual Form and the same so formed and made shall interchangeably deliver or cause to be delivered faithfully and really within Four months after the Date of these Presents and they shall then as soon as conveniently may be cause this present Treaty of Peace and Amity to be published in all Places and in the manner accustomed Dated at Madrid the 13 23 day of May in the Year of our Lord 1667.
far distant after the Peace is concluded and before it be notified unto those Places Hostilities when to cease It is Agreed That all such Ships Merchandise and other Moveables which may chance to fall into either Parties hands after the Conclusion and Publication of the present Instrument in the Channel or British Sea within the space of Twelve Days and the same in the North Sea and within the space of Six Weeks from the Mouth of the Channel unto the Cape of St. Vincent as also within the space of Ten Weeks beyond the said Cape and on this side the Aequinoctial Line or Aequator as well the Ocean and Mediterranean Sea as elsewhere and from thence within the space of Eight Months beyond the terms of the foresaid Line throughout all the World shall be and remain unto the Possessors without any exception or further distinction of Time or Place or any regard had to the making of Restitution or Compensation VIII It is also Agreed Letters of Marque revoked That under the foresaid Renunciation and Stipulation all Letters whatsoever of Reprizal Marque and Counter-Marque both general and particular and others of that kind by virtue whereof any Hostility may be exercised for the future ought also to be reckoned and comprehended and by the Publick Authority of this Alliance they are inhibited and revoked And if any persons of either Nation after such Revocation shall nevertheless under pretence or authority of such Letters or Commissions already revoked design any new Mischief or act any Hostility after the Peace is made and the Times specified in the precedent seventh Article are elapsed they are to be looked upon as Disturbers of the Publick Peace and punished according to the Law of Nations besides an entire restitution of the Thing taken or full satifaction of Damages to which they shall be liable notwithstanding any Clause whatsoever to the contrary which may be inserted in the said Letters revoked as aforesaid IX And whereas in Countreys far remote Liberty of Trade restored in Africa and America as in Africk and America especial in Guiney certain Protestations and Declarations and other Writings of that kind prejudicial to the Liberty of Trade and Navigation have been emitted and published on either Side by the Governors and Officers in the Name of their Superiours It is in like manner Agreed That all and every such Protestations Declarations and Writings aforesaid be abolished and held hereafter for null and void and that both the above-mentioned Parties and their Inhabitants and Subjects use and enjoy the same Liberty of Trade and Navigation as well in Africa as in America which they used and enjoyed or of right might use and enjoy at that time when the Treaty of the Year 1662. was Subscribed X. Also All Prisoners set free That Prisoners on both Sides one and all of what Degree Dignity or Condition soever they be shall be set at Liberty without Ransom or any other Price of their Freedom Provided satisfaction be made by them for Debts which they have contracted for Diet or any other lawful Cause XI That the said King of Great Britain Mutual Defence and the said States General remain Friends Confederate United and Allied for the defence and preservation of the Rights Liberties and Immunities of either Ally and their Subjects against all whomsoever who shall endeavour to disturb the Peace of eithers State by Sea or Land or such as living within eithers Dominions shall be declared Publick Enemies to either XII That neither the said King of Great Britain Not to Treat or Attempt any thing against each others prejudice nor any way to favour the same nor the said States General shall Act Do Endeavour Treat or Attempt any thing against the other or the Subjects of either any where by Land or Sea or in any Ports Liberties Creeks or Fresh-waters upon any occasion whatsoever And that neither they nor the Subjects of either of them shall give afford or supply any Aid Counsel or Favour nor consent that any thing be Done Treated or Attempted by any other whosoever to the harm or prejudice of the other or the Subjects of either but shall expresly and actually oppose contradict and really hinder all whomsoever Residing or Dwelling in either the respective Dominions who shall Act Do Treat or Attempt any thing against either of them XIII That neither the said King Rebels not to be Assisted nor the said Commonwealth nor any of the Subjects of either Inhabiting or Residing within their Jurisdiction shall cherish and assist the Rebels of either Party with any Succour Counsel or Favour whatsoever but shall expresly oppose and effectually hinder all persons Abiding Residing or Dwelling in either of their Dominions from supplying or furnishing any of those foresaid Rebels by Sea or Land with any Succour or Assistance either in Men Ships Arms Warlike Furniture or other prohibited Goods or with Money Provisions or Victuals And all Ships Arms Warlike Furniture or other forbidden Goods also Money and Provisions belonging to any person or persons whatsoever which shall be supplied or furnished contrary to the meaning of this Article shall be Confiscate and Forfeited to that Party where the persons offending shall be And those who shall wittingly and willingly Act Commit Attempt or Adviseany thing contrary to the sence of this Article shall be judged Enemies of both Parties and shall be punished as Traitors there where the Offence shall be committed But as touching the specification of Prohibited or Contraband Goods it shall be provided for hereafter XIV That the said King of Great Britain and the said States General shall mutually To Assist each other against Rebels sincerely and faithfully as there is occasion Assist each other against the Rebels of either by Sea or Land with Men and Ships at the Cost and Charges of the Parties who desire the same in such proportion and Manner and upon such Conditions as afterward shall be Agreed and the present Occasion shall require XV. That neither the said King Rebels and Fugitives not to be received nor the said Commonwealth nor the Subjects of either shall in any of their Jurisdictions Countries Lands Havens Sea-Ports Creeks receive any Rebel or Rebels Fugitive or Fugitives of the other Party declared or to be declared nor shall give or yield unto such declared Rebels and Fugitives in the Places aforesaid or elsewhere though without their Lands Countries Havens Sea-Ports Creeks or Jurisdictions any Help Counsel Lodging Souldiers Ships Money Arms Ammunition or Victuals As also neither of the States shall permit that such Rebels or Fugitives be received by any person or persons within their Jurisdictions Countries Lands Sea-Ports Havens Creeks nor suffer that any Help Counsel Lodging Favour Arms Ammunition Souldiers Ships Moneys or Provision be given or yielded to such Rebels and Fugitives but shall expresly and effectually oppose and really hinder the same XVI That in case either of them by
their publick and authentick Letters shall make known and declare unto the other Rebels or Fugitives upon notice to be Banished that any person or persons are or have been a Rebel or Rebels Fugitive or Fugitives and that they or any of them have been received or reside lie hid or seek shelter in their Jurisdictions Lands Countries Sea-Ports or in any of them then that Party who shall have received such Letters or to whom such notice shall be given or declaration made shall within the space of Twenty eight days to be accounted from the day that such notice was given be bound to Charge and Command such Rebel or Rebels Fugitive or Fugitives to withdraw and depart out of their Jurisdictions Lands Dominions Countries and every of them And in case any of the said Rebels or Fugitives do not withdraw and depart within Fifteen days after such Charge or Command so given then that they be punished with Death and loss of Lands and Goods XVII That no Rebel of the said King of Great Britain shall be received into any of the Castles Rebels not to be received or harboured Cities Havens Jurisdictions or other Places Priviledg'd or not Priviledg'd which any person of what Dignity or Degree soever he be or shall be hath within the Dominions or Territories of the United Provinces by what Right or Title soever he doth or shall hold or possess the same nor be permitted to be received into or remain in them by any person of what Quality or Degree soever he be Neither shall the said States General permit or suffer that in any of the aforesaid Places any Assistance Counsel or Favour with Ships Souldiers Money or Provision or in any other manner be given or afforded unto any such Rebel by any person of what Degree or Quality soever he be but shall openly and expresly forbid and effectually hinder the same And if any person or persons of what Degree or Quality soever they be dwelling or remaining within the Dominions of the said United Provinces or under their Command shall Act any thing contrary to this Agreement That then all and singular such persons so doing shall for term of their Lives respectively lose and forfeit all such Castles Towns Villages Lands and other Places which they or any of them at that time have or pretend to have by what Right or Title soever In like manner no Rebel of the said States of the United Provinces shall be received into any Castles Towns Havens or other Places or any of them Priviledg'd or not Priviledg'd which any person or persons of what Degree or Quality soever they be and by what Right or Title soever he or they do or shall hold and possess within the Kingdoms or Dominions of His said Majesty of Great Britain Nor shall such Rebel be suffered to be received by any person or persons whatsoever or there to remain neither shall the King of Great Britain permit or suffer that any Counsel Assistance or Favour in any of the said Places with Ships Men Money Victuals or in any other manner be given or afforded unto any such Rebel by any such person or persons of what Degree or Quality soever they be but shall openly and expresly forbid and effectually hinder the same And in case any of the Subjects of the said King or within his Dominions shall do or attempt any thing against this Agreement That all and every person so offending shall in like manner for their respective Lives lose and forfeit all such Castles Cities Towns Lands and other Places which they or any of them at that time hath or shall pretend to have by any Right or Title whatsoever XVIII That the said King of Great Britain and His Subjects Freedom of Passage and Trade and all the Inhabitants of His Majesties Dominions and also the said United Provinces and their Subjects and Inhabitants of what Rank or Condition soever they be shall be bound to use each other kindly and friendly in every thing so that they may freely and safely pass by Land or by Water into each others Countries Cities Towns Walled or Unwalled Fortified or not Fortified and their Havens and all other their Dominions situate in Europe to continue and abide therein so long as they shall please and may there buy so much Provisions as are necessary for their use without any hindrance and that likewise they may Trade and Traffick in Goods and Commodities of all sorts as to them shall seem fit and them to Export and Import at their pleasure paying the usual Duties saving to each Country their particular Laws and Customs No more Customs to be paid but what other Foreign Nations pay Provided that the Subjects and Inhabitants of either Side exercising their Trade in each others Countries and Dominions shall not be obliged hereafter to pay any more Customs Impost or other Duties then according to that proportion which other Foreign Nations Trading in the said Places do usually pay XIX That the Ships and Vessels of the said United Provinces as well Men of War as others Dutch to Strike meeting any Men of War of the said King of Great Britain's in the British Seas shall Strike the Flag and Lore the Top-Sail in such manner as the same hath been formerly observed in any Times whatsoever XX. And for the greater freedom of Commerce and Navigation No Pirates to be Protected it is Agreed and Concluded That the said King of Great Britain and the said States General shall not receive into their Havens Cities and Towns nor suffer that any of the Subjects of either Party do receive Pirates or Sea-Rovers or afford them any Entertainment Assistance or Provision but shall endeavour that the said Pirates and Sea-Rovers or their Partners Sharers and Abettors be found out Apprehended and suffer condign Punishment for the terrour of others And all the Ships Goods and Commodities Piratically taken by them and brought into the Ports of either Party which can be found nay although they be sold shall be restored to the right Owners or Satisfaction shall be given either to their Owners or to those who by Letters of Attorney shall challenge the same Provided the Right of their Propriety be made to appear in the Court of Admiralty by due Proofs according to Law XXI It shall not be permitted to the Subjects of the said King of Great Britain and the Inhabitants of the Kingdoms and Countries under His Obedience or to the Inhabitants and Subjects of the said United Provinces to do or offer any Hostility or Violence to each other The Subjects of either Party not to take Commissions from any Prince in War with the other Party either by Land or by Sea upon any pretence or colour whatsoever And consequently it shall not be lawful for the said Subjects or Inhabitants to get Commissions or Letters of Reprizal from any Prince or State with whom either of the Confederates are at Difference or in
any wise falsified and counterfeit certain Marks and Countersigns of His Majesty and the said States General shall be given unto them 34. And in case any Merchandise and Commodities of those kinds which are before declared to be Contraband and forbidden Contraband Goods found on Board to be Confiscated onely and no other shall by the means aforesaid be found in the French Vessels and Barques bound for the Ports of the said States Enemies they shall be unladen and declared Confiscate before the Judges of the Admiralty of the United Provinces or other competent Officers But so that the Ship and Barque or other free and allowed Goods Merchandise and Commodities found in the same Ship may not for that cause be in any manner Seized or Confiscate 35. It was furthermore Agreed and Covenanted Goods found in an Enemies Ship to be Confiscated That whatsoever shall be found Laden by His Majesties Subjects upon a Ship of the Enemies of the said States although the same were not Contraband Goods shall yet be Confiscate with all that shall be found in the said Ship without exception or reservation But on the other Side also all that shall be and shall be found in the Ships belonging to the Most Christian Kings Subjects Free Ship free Goods except Contraband shall be free and discharged although the Lading or part thereof belong to the said States Enemies Except Contraband Goods in regard whereof such Rule shall be observed as hath been ordered in the precedent Articles 36. All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights All Rights and Exemptions to be enjoyed reciprocally Liberties and Exemptions in their Trade and Commerce within the Ports Roads Seas and Estates of His said Majesty as hath been newly said which His said Majesties Subjects shall enjoy in those of the said States and in open Sea It being to be understood that the equality shall be mutual every way on both Sides And even in case the said States should hereafter be in Peace Amity and Neutrality with any Kings Princes and States who should become Enemies to His said Majesty either of the Parties are mutually to use the same Conditions and Restrictions expressed in the Articles of this present Treaty which regard Trade and Commerce 37. And the more to assure the Subjects of the said States Captains of Ships not to molest the others Subjects that no violence shall be offered them by the said Ships of War all the Captains of the Kings Ships and others His Majesties Subjects shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for the Damages and Interests suffered and to be suffered until due Restitution and Reparation be made 38. And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out Captains and Privateers to give Security to give good and sufficient Security before competent Judges in the Sum of Fifteen thousand Livres Tournois to answer every one by himself for the Miscarriages they may commit in their Courses at Sea and for their Captains and Officers violations of this present Treaty and of the Orders and Proclamations of His Majesty which shall be published by virtue and in conformity of the Regulation therein made upon pain of being Cashier'd and forfeiting the said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General 39. If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods as hath been said About Prizes Laden with Contraband Goods the said Captains may not open nor break up the Chests Mayls Packs Bags Cask and other Boxes or Transport Sell or Exchange and otherwise alienate them until they have Landed in the presence of the Judges of the Admiralty and after an Inventory hath by them been made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master or Pilot of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master or Pilot shall by no means be hindred from continuing his course and the design of his Voyage 40. His Majesty being desirous that the Subjects of the said States may be used in all Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given with all Equity will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Persons not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to their Forms 41. And when the Ambassadors of the said States General or any other of their Publick Ministers Residing in His Majesties Court Upon complaint of Judgment a Review to be granted within Three Months shall make Complaint of the Judgments which shall be given His Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to reason which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are claimed may not be sold or unladen unless it be with consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable 42. When Process shall be moved in the first or second Instance between those that have taken the Prizes at Sea Persons interessed in a Ship taken obtaining a favourable Judgment to have its Execution upon Security and the persons interessed therein and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty IV. It is also Covenanted That these above-written Separate Articles Ratifications Exchanged within Four Weeks and all and every thing