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B02045 Articles of peace and alliance between the most serene and mighty prince, Charles II. 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 14th day of September, 1662. / Published by his Majesties command. England and Wales. Sovereign (1660-1685 : Charles II); Charles II, King of England, 1630-1685.; United Provinces of the Netherlands. Staten Generaal. 1663 (1663) Wing C2896A; ESTC R223293 9,993 15

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ARTICLES OF PEACE and ALLIANCE Between the most Serene and Mighty PRINCE CHARLES II. 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 VNITED NETHERLANDS Concluded the 14 th day of September 1662. Published by His Majesties Command EDINBVRGH Re-printed by Evan Tyler Printer to the Kings most Excellent Majesty 1663. 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 Vnited Netherlands concluded the fourth day of September 1662. I. FIrst it is concluded and agreed That from henceforward there be a true firm and inviolable Peace sincere Friendship and straiter Alliance Confederation and Union between His Majesty the King of Great Britain and the States General of the United Provinces of the Netherlands and the respective Lands Countries and Cities under their obedience wheresoever scituate and their People and Inhabitants of what quality or condition soever II. That the said King of Great Britain 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 III. That neither the said King of Great Britain 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 IV. That neither the said King nor the said Common-wealth nor any of the Subjects of either inhabiting or residing under either of their Jurisdictions shall encourage or assist with counsel aid or favour the Rebels of either but shall expresly and effectually hinder all persons abiding residing or dwelling in either of their Dominions or under their Command from sending or furnishing under-hand to any of the aforesaid Rebels any succour or assistance either in Men Ships Arms Ammunition or other forbidden Goods as also Money or Victuals And that all Ships Arms Ammunition of War or other contraband Goods also Money or Victuals of any person or persons whatsoever which shall be sent or imployed against the intent of this Article shall be confiscate and forfeited to the benefit of that side where the Offenders shall be found And moreover the persons who wittingly and willingly shall have acted undertaken or given counsel against the sense of this Article shall be accounted enemies of either Party and shall be punished as Traitors against the State where the offence shall be committed But as touching the specification of prohibited or contraband Goods it shall be hereafter provided V. That the said King of Great Britain and the said States General shall mutually 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 VI. That neither the said King nor the said Common-wealth 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 and 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 VII That in case either of them by their publick and authentick Letters shall make known and declare unto the other 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 dayes 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 dayes after such Charge or Command so given then that they be punished with death and loss of Lands Goods VIII That no Rebel of the said King of Great Britain shall be received into any of the Castles 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
the Cape of Good Hope within twelve moneths space after Justice shall be demanded And in all places whatsoever on the other side the said Cape as hath been abovesaid within eighteen moneths next ensuing after demand of Justice shall be made in maner aforesaid But in case the offenders against this Treaty do not appear and submit themselves to Judgement and give satisfaction within the respective times above expressed proportionable to the distance of the places they shall be declared enemies of both Parties and their Estates Goods and Revenues whatsoever shall be confiscated for due and full satisfaction of the injuries and wrongs by them offered and their persons also when they come within the Dominions of either Party shall be liable unto such punishments as every one shall deserve for his respective offences XV. It is also agreed and concluded between His said Majesty of Great Britain and the said Lords States of the United Netherlands That the Island of Pularon shall be restored unto His said Majesty or unto them whom He shall thereunto appoint by a Commission under the great Seal of England and that so soon as any one provided with such a Commission shall arrive there and demand the said restitution Which that it may be effected with the more ease and certainty Commissions necessary for that end shall be delivered unto Him from the States General and the Netherlands East India Company immediatly after the Ratification of this Treaty And that by the restitution of the said Island of Pularon all actions and pretensions wherein the Subjects of either Party think they have right for losses injuries and offences committed upon each other in India and taken notice of in England before the 10th 20. of January 1658 9. with this exception That they who say that they have suffered loss in two Ships to wit the Bonaventure and Bona Esperanza may prosecute the Suit already begun shall cease be extinguished and annulled in the maner following That all offences injuries and losses except before excepted which one part hath suffered or can any way pretend to have suffered from the other in the East Indies whereof any notice hath been given to the English at London or to the Netherlanders at the Hague before the twentieth day of January 1659. new Stile or the tenth of January 1658. old Stile but in other parts of the world on this side the Cape of any actions or things whatsoever that hapned before the publication and notice of the Peace concluded between both Nations the 4 14. day of March 1653 4. shall remain utterly cancelled and extinguished so as neither Party shall trouble the other for any such damage offence injury or detriment except before excepted but there shall be and remain a perfect abolition of all and every one of them and all Suits and Actions upon such account shall be void and null But other damages offences injuries and detriments which the English Nation either upon publick or private account can affirm to have fallen or been brought upon them by the Government of the United Netherlands or by the Companies or private persons subject to that Government as on the other side what the United Netherlanders can upon publick or private account pretend to have fallen or been brought upon them by the Government of the English or by the Companies or private persons subject thereunto in the East Indies before the 10th 20 day of January 1658 9. or at least whereof there was no notice at London or the Hague before that day and in other parts of the world after the publication and notice of the aforesaid Peace in the year 1653 4 without any further distinction or exception of persons place or time shall be submitted as by this Treaty they are submitted unto the examination arbitration and decision of Commissioners or Arbitrators after the maner and under the conditions following That Commissioners be appointed only for maters past but not at all for matters to come which may happen after the day whereupon this Treaty is concluded That their Commission directed unto past things only as hath been already said is not to contain any general Clause but to be expressely confined and limited to a special Catalogue which shall be annexed unto the Commission so as they may by no means take cognisance of any other thing besides the Actions set down in that Catalogue But that they may mutually agree thereupon a Catalogue shall be made by both Parties and interchangably delivered that it may be punctually and duly examined by either side And if there be found in either of the Catalogues any thing whatsoever relating to the East Indies which were known in London before the 10th 20. of January 1658 9 as to actions of the English or at the same time at the Hague as to the actions of the United Provinces or which hapned in other parts of the world before the publication and notice of the foresaid Peace in the year 1653 4 or other actions of such a nature as may not be thought fit to be referred unto such Arbitration they shall be rejected and expunged out of the Catalogues Wherefore after each side is agreed upon these Catalogues a whole year shall be appointed wherein all businesses contained in in those Catalogues may be accommodated and composed by friendly conferences between His Majesties Minister and the Commissioners of the States General at the Hague and the Pretenders or their Deputies thereunto appointed by special Letters of Atturney shall be bound to make their appearance at the Hague before the end of the sixth moneth in the foresaid year But that year being expired all those actions about which the Pretenders or their Deputies were at the Hague with an aim or purpose to have them brought unto a friendly issue which they shall be bound to prove by a lawfull testimony of the King of Great Britain's Envoy and the Commissioners of the States General or of either of them and which nevertheless have not been by that time brought to such an issue shall be referred to the said Commissioners that they may be at last composed or decided by them which Commissioners after the said year is expired if there remain any Actions uncomposed in such friendly maner at that time shall to that purpose meet at London and they shall be four on either side instructed and provided with Authority and thenceforward this submission and progress in and through all things shall be carried on in the same manner as it was in the year 1654. But so as the Arbitration upon these matters be not referred to the Protestant Cantons of Swisserland XVI That the Subjects of the said King of Great Britain and those which are under His Jurisdiction may freely and securely travel in all the Provinces of the Low-Countries and all their Dominions in Europe and through them by Sea or Land pass to other places there or beyond them and through all Quarters of the United Provinces
Cities Forts or Garisons whatsoever which are in any parts of the United Provinces or elsewhere in their Dominions in Europe as well they themselves exercising Trade in all those places as their Agents Factors and Servants may go armed or unarmed but if armed not above Forty in a Company as well without their Goods and Merchandises as with them wheresoever they please The People also and Inhabitants of the United Provinces shall enjoy the same liberty and Freedom in all the Dominions of the said King in Europe Provided that they and every of them do in their Trade and Merchandising yield obedience to the Laws and Statutes of either Nation respectively XVII That in case the Merchant-Ships of the Subjects of eitheir Nation shall by Storm Pirates or any other necessity whatsoever be driven into any Haven of either Dominion they may depart securely and at their pleasure with their Ships and Goods without paying any Customs or other Duties provided they break no Bulk nor sell any thing nor shall they be subject to any Molestation or Search provided they do not receive on board any Persons or Goods nor do any thing else contrary to the Laws Ordinances or Customs of the places where they as aforesaid shall happen to arrive XVIII That the Merchants Masters and Seamen of either Party their Ships Goods Wares or Merchandises shall not be Arrested or Seised in the Lands Havens Roads or Rivers of the other to serve at War or any other use by vertue of any general or special Command unless upon an extraordinary necessity and that just satisfaction be given for the same but so as the same shall not derogate from the Seisures and Arrests duely made in the ordinary Courts of Justice of either Nation XIX That the Merchants on both sides their Factors and Servants and also the Masters and other Seamen as well going as returning by Sea and other Waters as also in the Havens of either Party or going on Shore may carry and use for the defence of themselves and Goods all forts of Weapons as well Offensive as Defensive but being come into their Lodgings or Inns they shall there lay by and leave their Arms until they be going on board again XX. That the Men of War or Convoys of either Nation meeting or overtaking at Sea any Merchants Ship or Ships belonging to the Subjects or Inhabitants of the other holding the same Course or going the same Way shall be bound as long as they keep one Course together to protect and defend them against all and every one who would set upon them XXI That if any Ship or Ships of the Subjects or Inhabitants of either Nation or of a Neuter be taken by a third Party in 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 XXII That Searchers and other like Officers on both sides shall regulate themselves according to the Laws of either Nation and shall not impose or demand more then they are allowed by their Commissions and Instructions XXIII 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 yet nevertheless no Letters of Reprisal Mark or Countermark 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 above-said it was denied or delayed or from that Power appointed to heat 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 moneths after such demand that then Letters of Reprisal Mark or Countermark may be granted XXIV That they who have obtained private Commissions from either Party 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 XXV It is also agreed and concluded That the Subjects and Inhabitants of either Party shall alwayes have free access to each others Sea-ports there to remain and from thence to depart with the same freedom and not only with their Merchant-ships and Loading 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 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 untill 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 Governour or chief Magistrate of the place and shall stay no longer then the said Governour 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 XXVI Furthermore it is agreed and concluded That both Parties shall truly and firmly observe and execute this present Treaty and all and every the maters contained therein and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation XXVII Also for further caution and assurance that this Treaty and Confederacy shall be duly and bonâ 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 oblige and bind themselves That all and every one whom they or the States of the Provinces shall at any time choose appoint or make Captain General Governour or chief President or State-holder 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 be observed and executed by others XXVIII And it is further agreed and concluded That this present Treaty and all and every thing therein contained and concluded shall be confirmed and ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents on both sides sealed with the great Seal in due and authentick form within three moneths next ensuing or sooner if it can be done and that within the said time the Ratifications on both sides shall be exchanged and that presently after the delivery and exchange this Treaty and Alliance shall be published in such places and maner as is usual EDINBVRGH Re-printed by Evan Tyler Printer to the Kings most Excellent Majesty 1663.
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 persons 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 IX That the said King of Great Britain and His Subjects 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 scituate 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 hinderance And that likewise they may Trade and Traffique in Goods and Commodities of all sorts as to them shall seem fit and then to Export and Import at their pleasure paying the usual Duties saving to each Countrey their particular Laws and Customs 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 X. That the Ships and Vessels of the said United Provinces as well men of War as others 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 XI And for the greater freedom of Commerce and Navigation 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 or Inhabitants of either side 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 terror of others And all the Ships Goods and Commodities taken by them in Piracy and brought into the Havens of either Dominion such Goods as can be found although they were sold shall be restored to the right Owners or satisfaction given to them or to such persons as shall claim them by Letters of Procuration so as the property be made to appear in the Court of Admiralty by due and lawfull Evidence XII 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 either by Land or by Sea upon any pretence or colour whatsoever And consequently it shall not be lawfull for the said Subjects or Inhabitants to get Commissions or Letters of Reprisal from any Prince or State with whom either of the Confederates are at difference or in open War and much less by vertue of those Letters to molest or damnifie the Subjects of either Party Neither shall it be lawfull for any Foreign private Men of War who are not Subjects to one or the other Party having Commissions from any other Prince or State to Equip their Ships in the Harbours of either of the aforesaid Parties or to sell or ransom their prizes or any other way to Truck as well the Ships and Goods as any other Loading whatsoever And it shall not be lawfull for them to buy any Victual but what shall be necessary to bring them to the next Port of that Prince from whom they obtained their said Commissions And if perchance any of the Subjects of the said King of Great Britain or of the said States General shall buy or get to themselves by Truck or any other way such Ship or Goods which have been taken by the Subjects of one or the other Party in such case the said Subjects shall be bound to restore the said Ship or Goods to the Proprietors without any delay and without any Compensation or re-imbursement of Money paid or promised for the same Provided that they make it appear before the Council of the said King of Great Britain or before the said States General that they are the right Owners or Proprietors of them XIII That in case the said King of Great Britain or the said States General do make any Treaty of Amity or Alliance with any other Kings Re-publicks Princes or States they shall therein comprehend each other and their Dominions if they desire to be therein comprehended and shall give to the other notice of all such Treaties of Friendship and Alliance XIV That in case it happen during this Friendship Confederacy and Alliance any thing shall be done or attempted by any of the Subjects or Inhabitants of either Party against this Treaty or any part thereof by Land Sea or Fresh-waters That nevertheless this Amity and Alliance between the said Nations shall not thereby be broken or interrupted but shall remain and continue in its full force and that only those particular persons shall be punished who have committed any thing against this Treaty and none else and that Justice shall be rendred and satisfaction given to all persons concerned by all such who have committed any thing contrary to this Treaty by land or sea or other waters in any part of Europe or any places within the Straits or in America or upon the Coasts of Africa or in any Lands Islands Seas Creeks Bayes Rivers or in any places on this side