ARTICLES OF ALLIANCE and COMMERCE, Between The most Serene and Potent PRINCE CHARLES II.

By the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c.

AND THE Most Serene and Potent Prince CHRISTIAN V.

By the Grace of God, King of Denmark, Norway, &c. Concluded at Copenhagen, the 11 th. day of July. 1670.

Published by His Majesties Command.

In the SAVOY, Printed by the Assigns of John Bill, and Christopher Barker, Printers to the Kings most Excellent Majesty, 1671/2.

Articles of Alliance and Commerce between the Most Serene and Potent Prince, Charles the Second, By the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. and the Most Serene and Potent Prince Christian the Fifth, by the Grace of God, King of Denmak, Norway, &c. Con­cluded at Copenhagen, the 11 th. day of July. 1670.

I.

THat there be between the two Kings, their Heirs and Successors; As also their Kingdoms, Principa­lities, Provinces, Estates, Coun­ties, Islands, Cities, Subjects and Vassals of what condition, dignity and degree soever, by Land and Sea, in Rivers, Fresh Waters, and all places whatsoever as well in Europe, as out of Europe; now and for the time [Page 4]to come, a sincere, true and perfect friendship, Peace and Confederation; So as that neither party do any wrong, injury or prejudice to the Kingdoms, Prin­cipalities, Provinces, and Estates, or to the inhabitants and Subjects of the other; nor suffer any to be done by others, as much as in him is: But rather live as friends together, using each other, with good will and respect; And promoting upon all occasions the interests, and advantages of each other, and their sub­jects, as if they were their own: And Preventing and hindring with all their power, by their Assistance, and Advice, any damage, wrong and injury that may be offered them.

II.

Neither of the foresaid Kings and their Heirs shall consent to any thing, that may be to the prejudice or detriment of his Allie; but if either of the Kings shall know that any thing is proposed, or is in agitation or contrivance, or that will be proposed, agitated or contrived which may tend to the detriment of the other; He shall be obliged to signify the same unto Him without delay, and in the mean time to hinder and prevent it by all ways possible.

III.

The foresaid Kings for themselves, their Heirs and Successors mutually do undertake and promise, that they will not aide or furnish the Enemies of either party, that shall be Aggressors, with any Provisions [Page 5]of War, as Souldiers, Arms, Engines, Guns, Ships, or other necessaries for the use of War, or suffer any to be furnished by their Subjects: But if the Subjects of either Prince shall prseume to act contrary here­unto, then that King, whose Subjects shall have so done, shall be obliged to proceed against them with the highest severity, as against seditious persons and breakers of the League.

IV.

It is further Covenanted and Argeed; That if at any time hereafter, Any Prince or State shall in­vade, or by any hostile way Attempt upon the Heredi­tary Kingdomes, Provinces, Counties, Towns, Islands, Territories, or Dominions of the King of Denmark which he now possesseth, then the King of Great Bri­tain shall Assist the said King of Denmark in time, with such number of Land-forces and Ships of War, against such Aggressor, as shall suffice to repell the force, and as the state of the said Kings affaires shall require: And the said King of Great Britain shall therefore with all his power endeavour to hinder, that by such invasion or disturbance the King of Denmark be not preju­diced in any wise in his Kingdoms, Dominions or Rights. And if the said King of Great Britain, or the said King of Denmark, shall contract or make any League, Alliance or Union with any other King, Prince, Commonwealth or State, they shall respe­ctively endeavour to comprehend therein each other and their Dominions, (as much as in them lies) if they shall desire to be comprehended.

V.

It shall be lawful for the Subjects of both Kings with their Commodities and Merchandise both by Sea and Land, in time of Peace without licence or safe Conduct General or special to come to the Kingdoms, Provinces, Mart-towns, Ports and Rivers of each other, and in any place therein to remain and trade, Paying Usual Customs and Duties; Reserving never­theless to either Prince his Superiority, and Regal ju­risdiction in his kingdoms, Provinces, Principalities and Territories respectively.

VI.

It is notwithstanding Covenanted and Concluded, That the Subjects of the King of Great Britain shall in no wise come to the Prohibited Ports, of which mention is made in Precedent Treaties, nor Colonies, without the Special Licence of the King of Denmark first desired and obtained; unless they shall be com­pelled to make thither, and enter therein, by stress of Weather, or pursuit of Pirates, in which case neither shall it be lawfull for them to buy or sell. As also in like manner the Subjects of the King of Denmark shall not come to the British Colonies, unless by Spe­cial Licence of the King of Great Britain first desired and obtained.

VII.

It shall be lawful for the Subjects of the Most Se­rene King of Denmark to bring into their own Stores and Ware-houses in England, Scotland and Ireland, and other the Ports of the King of Great Britain in Europe, such Commodities as now, or hereafter, shall be of the growth and production of the Estates, Countries and Dominions Subject to the King of Denmark, or of the Manufacture thereof, and likewise such as come from any part of the River of Elbe.

In like manner shall it be lawfull for the Subjects of the King of Great Britain to import and bring into Denmak, Norway, and all other Ports and Colonies not prohibited of the King of Denmark, all kinds of Merchandise, which now or hereafter shall be pro­duced or made in the Kingdoms, Countries and E­states under the Subjection of the King of Great Bri­tain. But if at any time hereafter it be permitted to any forrein Nations, to bring all kinds of Commodi­ties without exception into England, Scotland and Ireland, and other the Ports belonging to the King of Great Brittain, then the same also shall be lawfull for the Subjects of the King of Denmark: Which in like manner shall be permitted to the Subjects of the King of Great Britain, upon the like occasion, in the Prohi­bited Ports and Colonies of the King of Denmark.

VIII.

It is also Covenanted and agreed, that the people [Page 8]and Subjects of the King of Great Britain, Sailing to any the Hereditary Kingdoms, Countries, or Do­minions, of the King of Denmark, or trading in the same, shall pay no more or greater Customs, Tri­bute, toll or other Duties, nor in any other manner, then the People of the United Provinces of the Low­countries, and other strangers, (the Swede onely ex­cepted) trading thither, and Paying lesser Customs, do or shall pay; And in going, returning, and staying, as also in fishing and trading, and all other things shall enjoy the same Liberties, Immunities, and Priviledges, which the People of any forrein Countrey in the said Kingdoms, and Dominions of the King of Denmark, abiding and trading, do or shall enjoy: And so on the other side the People and Subjects of the King of Denmark, shall have and en­joy the same Priviledges, in the Countries, and Ter­ritories, of the King of Great Britain, to wit, that the People and Subjects of the King of Denmark, Sailing to any the Kingdoms, Countries, or Domi­nions of the King of Great Britain, or trading in the same, shall not pay any more or greater Customs, Tributes, Toll, or other Duties, nor in any other manner, then the People of the United-netherlands, or other Strangers trading thither and paying lesser Customs, do or shall pay: And in going, return­ing and staying, as also in fishing, and trading, and all other things shall enjoy the same Liberties, Im­munities and Priviledges, which the People of any o­ther Forrein Country, in the said Kingdoms, and Dominions of the King of Great Britain, abiding and trading, do or shall enjoy: But so, as that the Po­wer [Page 9]of each King of Making or Altering Customs, or other Duties, as they shall see occasion, in their respective Kingdoms, Countries, Dominions, and Ports, remain full and entire; Provided the foresaid equality be strictly observed on both sides in manner aforesaid.

IX.

It is also covenanted that when the Subjects of either King have imported their Commodities into the Dominions of the other, have Paid the usual Customs for them and undergone their Search, it shall be free and lawfull for them, to bring their said Com­modities into their own proper Storehouses, and Cel­lars, or into places which they shall think most fit and convenient, and there Store them; Nor shall any Ma­gistrate or Officer of any the Cities or Ports of either impose upon them any Cellars or Storehouses with­out their consent.

X.

The Subjects of either Crown trading upon the Seas, and Sailing by the Coasts of either Kingdom, shall not be obliged to come into any Port, if their course were not directed thither; but shall have liber­ty to pursue their Voyage without hindrance or de­tention whithersoever they please. Nor shall they, being by tempest forced into Port, and there remain­ing, be obliged to unlade their Cargo, or to barter or sell any part thereof; But it shall be lawfull for [Page 10]them, to dispose of it as they shall think fit, and to do any other thing, which they shall judge most for their advantage: Provided nothing be done that may be to the defrauding of either Prince of his due Rights and Customs.

XI.

It is also agreed, That after any Planks, Masts, and other sorts of Timber, have been once put on board the Ships of the Subjects or People of the King of Great Britain, they shall not be liable to any further Search; But all Search, or scrutiny, shall be made be­fore; And if then, either Oaken or other prohibited Timber be found, it shall be presently stop'd and detain­ed upon the place before it be put on board the Ships; Nor shall the People of the said King of Great Britain, or his Subjects, be therefore molested in their Persons or Estates by Arrest, or other detention whatsoever; But onely the Subjects of the King of Denmark, who shall have presumed to Sell or Alienate any the like prohi­bited Timber, shall be punished in due manner. And the People and Subjects of the King of Great Britain, shall have, possess and enjoy all and singular the contents, and concessions of this Article, without any Molestation or Interruption, so long and for all such time as the Subjects or any of the People of the Uni­ted Netherlands, shall hold, possess, and enjoy, or might, or ought to hold, possess, and enjoy the same or like priviledges by any Treaty already made, or to be made, or by any Contract, Agreement or per­mission.

XII.

It is also Conluded and Agreed, That all Ships be­longing to the Subjects of the King of Great Britain, and Merchants in their passage through the Soundt under the Most Serene King of Denmark and Norway, &c. shall enjoy after the same manner the Benefit and Priviledge of deferring the Payment of their Customs until their return, as they held and enjoyed in former years last preceding the late War; But so neverthe­less, that the said Ships and Merchants bring with them Certificates under the Seal of the Officers of the said King of Great Britain deputed thereunto, testifying the said Ships to belong to Subjects of the King of Great Britain; And likewise that before their passage they give sufficient and good security for pay­ing the same in place convenient to the Collectors of the Customs of the said King of Denmark, at their return, or if they shall not return, within three moneths time at the furthest, if they do not pay the same at their said first passage.

XIII.

And furthermore it is Agreed, that whatsoever Merchandise, the Subjects of the King of Great Bri­tain, shall land at Elsignore, and there lay in their Store­houses, to no other end, then to put on board again entire, and transport them to other parts, they shall be obliged to pay onely the same duties for such Mer­chandise, and no more, then is wont to be paid in this [Page 12]case by the Dutch Nation or any other Strangers: Which shall be reciprocally observed to the Subjects of the King of Denmark after the same manner in Eng­land.

XIV.

Also it is Agreed, that the Ships and Subjects of the King of Great Britain, shall have their dispatch at Elsignore, as soon as they arrive there without delay, No Ships of what Nation soever having preference before them in this behalf: Except the In­habitants of certain places, who have anciently held a priviledge to that purpose, and still do.

XV.

If any Subject of either Prince shall happen to die in the Dominions, or Territories of the other, it shall be lawful for him to dispose of his estate, both money and goods in any manner whatsoever: And if any one die within the Kingdoms, or Provinces of the other Prince without making any such dispositions then the Goods by him left, moveable or immoveable, of what­ever nature or condition the same shall be, shall be faithfully preserved for the use of the right Heir, and for satisfaction of such debts as the party deceased was justly bound to pay: And to that end, so soon as any Subject of either Prince shall die in the other Princes Dominions, the Consul or Publick Minister then resid­ing there, shall have right to possess the said Moneys and Goods, and shall make Inventories of the same be­fore some Magistrate of the place; Which Goods shall afterwards remain in his hands, to be answered [Page 13]to the Heirs and Creditors as aforesaid; But if no such Consul or Publick Minister shall be there, then it shall be lawful for two Merchants of the same Countrey with the party deceased to possess the Goods left by him, to preserve them, and in like manner to an­swer them to the Heirs and Creditors. Which not­withstanding is to be so understood, that no Papers, or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate, but onely the real Goods and Merchandise of the deceased; And that the said Magistrate within the space of fourty eight hours, after notice given and request made, shall be obliged to be present, otherwise the said Inven­tories shall be made without him.

XVI.

It shall be lawfull for either of the Confederates and their Subjects or People to Trade with the Ene­mies of the other, and to carry to them, or furnish them with any Merchandises (Prohibited onely, which they call Contrabanda, excepted) without any im­pediment, unless in Ports and Places besieged by the other; Which nevertheless if they shall so do; it shall be free for them either to sell their Goods to the Besiegers, or betake themselves to any other Port or Place not besieged.

XVII.

It is also Agreed, That it shall be free and lawfull for the Subjects of either Prince, Trading in the Do­minions [Page 14]or Ports of the other, there to remain, and re­side for the buying and selling Commodities, without any restriction of time or limitation to be imposed up­on them by any Officers or Magistrates of the said Dominions or Ports, They Paying the accustomed Duties for all Goods and Merchandise by them im­ported, or exported; And further provided that they trade with none, but such as are Citizens, or Bur­gers of some City, or Town, within the Kingdoms of Denmark or Norway, and that onely by whole-sale, and not by parcells or retail.

XVIII.

Furthermore, for the better encouragement of Trade and Commerce, and for the utter avoiding of all Frauds and Disputes that may arise between the Of­ficers of Ports and Merchants, It is Agreed and Con­cluded, That all and singular Duties shall be demand­ed and paid according to the Printed Tariffe, (or Book of Rates) wherein shall be comprised all Customes and Duties to be paid as well for Goods in the re­spective Ports, as for passage through the Soundt: And to the end that this may be the more Strictly observed, Both Kings shall not onely enjoyn his Of­ficers and Collectors of his Customes under the highest penalty, not to do any thing that may frustrate or e­lude this Agreement; But also that they do not by Molestation or Exaction, cause any trouble, or offer any injury to the Subjects of either King.

XIX.

Moreover, it is concluded and Agreed, That the King of Denmark shall constitute the Overseers of his Customs or others, Commissioners for re-measuring all Ships belonging to the Subjects of the King of Great Britain Trading in Norway, according to their burden and content, so as that what has been hitherto not rightly observed, either in excess or defect, may be hereafter reduced into better Order.

XX.

But lest such freedom of Navigation or Passage of the One Allie and His Subjects and People, during the War that the other may have by Sea, or Land with any other Countrey, may be to the prejudice of the other Allie, and that Goods and Merchandise belong­ing to the enemy, may be fraudulently concealed un­der colour of being in Amity; For the preventing of fraud, and clearing all suspition, It is thought fit, that the Ships, Goods and Men belonging to the other Confederate in their passage and Voyages, be accom­panied with Letters of Passe-port and Certisicate; The forms whereof to be as follows;

CHARLES the Second by the Grace of God, King of Great Britain, &c.

CHRISTIAN the Fifth by the Grace of God, King of Denmark and Norway, &c.

BE it known unto all and singular to whom these Our Letters of Safe-conduct shall be shewn; That [...] Our Subject and Citizen of Our City of [...] hath humbly represen­ted unto Us, that the Ship called [...] of the burthen of [...] Tuns, doth belong unto them and others our Subjects, and that they are sole Owners and Proprietors thereof, and is now Laden with the Goods which are contained in a Schedule which she hath with her from the Officers of our Cu­stoms, and do Solely, Truly and Really belong to Our Subjects or others in Neutrality, bound immediately from the Port of [...] to such other place or places, where she may conveniently Trade with the said Goods, being not Prohibited nor belonging to ei­ther of the parties in hostility, or else find a Freight, Which the foresaid [...] Our Subject having attested by a writing under his hand, and affirmed to be true by Oath, under Penalty of confis­cation of the said Goods, We have thought fit to grant him these our Letters Of Safe-conduct: And therefore We do hereby respectively Pray and desire All Governors of Countries and Seas, Kings, Princes, Commonwealths, and free Cities, and more especially the Parties now in War, and their Commanders, Ad­miralls, [Page 17]Generalls, Officers, Governours of Ports, Commanders of Ships, Captains, Freighters and all others whatsoever having any Jurisdiction by Sea, or the Custody of any Port, whom the Ship aforesaid shall chance to meet, or among whose Fleet or Ships it shall happen to fall or make stay in their Ports, that by vertue of the League and Amity, which we have with any King or State, they suffer the said Master with the Ship [...] persons, things, and all Merchandise on board her, not onely freely and without any Molestation, Detention, or Impediment to any place whatsoever to pursue his Voyage, but also to afford him all Offices of Civility as to Our Subject if there shall be occasion; Which upon the like or other occasion, We and Ours shall be ready to return.

WE the President, Consuls and Senators of the City of [...] do Attest and Certifie, That on the [...] day of [...] in the year [...] Personally before us came and appeared [...] Citizen and Inhabitant of the City or Town of [...] and under the Oath wherein he stands bound to Our Sovereign Lord the King, did declare unto us, That the Ship or Vessell called [...] of the burthen of [...] Tuns doth belong to the Port, City or Town of [...] in the Province of [...] And that the said Ship doth justly belong onely to him and others, Subjects of Our said Sovereign Lord, and now bound directly from the Port of [...] laden with the Goods mentioned in a Schedule recei­ved from the Officers of the Customs, and that he hath affirmed under the Oath aforesaid, that the foremen­tioned Vessell with her Goods and Merchandise doth onely belong to Subjects of His Majestie, and doth carry no Goods prohibited, which belong to either of the Parties now in War.

In testimony whereof we have caused this Certificate to be Subscribed by the Syndic of Our City, and sealed with Our Seal.

Given, &c.

When therefore the Merchandise, Goods, Ships, or Men of either of the Confederates and their Subjects and People, shall meet in open Sea, Streights, Ports, Havens, Lands and places whatso­ever, the Ships of War, whether Publick or Private, or the Men, Subjects and People of the other Confe­derate; Upon exhibiting onely the foresaid Letters of Safe-conduct and Certificate, there shall be nothing more required of them, nor shall Search be made after the Goods, Ships or Men, nor shall they be any other ways whatsoever molested or troubled; But suffered with all freedome to pursue their intended Voyage; But if this solemne and set form of Passeport and Cer­tificate be not exhibited, or that there be any other just and urgent cause of Suspition; Then shall the Ship be Searched, which is nevertheless in this case onely understood to be permitted, and not other­wise. If by either party any thing shall be committed contrary to the true meaning of this Article, against either of the Confederates, each of the said Confede­rates shall cause His Subjects and People offending to be severely punished, and full and entire satisfaction to be forthwith given, and without delay, to the party injured and His Subjects and People for their whole loss and expences.

XXI.

It is also concluded and Agreed, that all Ships of Subjects and People of the King of Great Britain to­gether with their lading and Merchandise, passing by [Page 20]the Port of Gluckstad, or other Places and Towns, under the Dominion of the King of Denmark, situate upon the Elve-stream, both going and returning, shall be free and exempt from all Custome, Impost, Search, Seisure, and Molestation, except onely the case of Search in the time of War, when the King of Denmark hath War with any other King or State.

XXII.

If the Subjects of either Prince be hurt or injured in the Territories of the other; Then the King of that place where the injury is done, shall take care that spee­dy justice be administred according to the Laws and Customs of the Country; And that the persons guil­ty be duely punished, with satisfaction to be made to the party wronged.

XXIII.

It is also Agreed, That no ships whatsoever, Ves­sels, or Merchandise laden on ships of whatsoever na­ture kind or quality, howsoever taken, belonging to any the Subjects of either of the aforesaid Kings, un­der any colour or pretence whatsoever be adjudged Prise, unless by a Judicial Examination and Process in form of Law, in a Court of Admiralty for Prises ta­ken at Sea in that behalf lawfully Constituted.

XXIV.

Both parties shall cause justice and equity to be [Page 21]Administred to the Subjects and People of each other, according to the Laws and Statutes of either Coun­trey, Speedily, and without long and unnecessary formalities of Law and expences, in all causes and Controversies, as well now depending, as which may hereafter arise.

XXV.

If the ships of either of the Confederates, and their Subjects and People, whether they be Merchant Men, or Men of War, shall happen to run on ground, or fall upon Rocks, or be forced to lighten themselves, or shall otherwise suffer Ship-wrack (which God forbid) upon the Coasts of either King, the foresaid Ships with their tackle, Goods, and Merchandise, or whatso­ever shall be remaining of them, shall be Restored to their owners and Proprietors; Provided they or their Agents and Proctors do claim the said ships and Goods, within the space of a year and a day after such Ship-wrack suffered, saving always the Rights and Customs of both Nations. The Subjects also and Inhabitants dwelling upon the said Coasts and Shores, shall be obliged to come in to their help in case of dan­ger, and as much as in them lies to give their assistance; And shall do their utmost endeavour, either for the freeing of the Ship, or saving the Goods, Merchan­dise and Apparel of the said Ship, and what else of the same they shall be able, and for the conveying the same into some safe place in order to be restored to the Owners; They paying Salvage, and giving such recompence to the persons by whose assistance [Page 22]and diligence the said Merchandise and Goods, shall have been recovered and preserved as they shall de­serve. And finally both Parties, in case of such misfor­tune shall see observed on their side, what they would desire to have observed and done on the other side.

XXVI.

The Commanders of Ships, or Governours, Soul­diers, Marriners and Company belonging to the same; As also the Ships themselves, and the Goods and Merchandise on board them, shall not be detained by any Arrest or Seisure upon any Warrant either Gene­ral or Special, or for any cause, unless for the defence and preservation of the Kingdom; Which yet shall not be understood to be meant of Arrests layed by Authority of law, for debt contracted upon any o­ther lawful occasion whatsoever, in which case it shall be lawful to proceed according to the rules of justice and Law.

XXVII.

It shall be free for the Merchants of both King­domes, their Factors and servants, and also the Ma­sters and Marriners of Ships upon the Sea, and in o­ther Waters, as likewise in the Ports, and upon the Coasts and Lands of either Confederate, going, re­turning and walking, for the defence of their Persons and Goods, to carry any kind of portable Arms, as well offensive as defensive, so that they give no just cause of suspition to the Commanders and Magistrates of [Page 23]any place, of any Plots or Contrivances against the Publick or private Peace.

XXVIII.

The Convoys or Ships of War of either Party, meeting in their Voyage, or overtaking any Mer­chant Ships, or others belonging to the other Con­federate or His Subjects, and making the same course at Sea, in Europe or out of Europe, shall be obliged to guard and defend them as long as they shall hold the same course together.

XXIX.

For the greater security of Commerce and freedom of Navigation, it is Concluded and Agreed, That neither Part, as much as may be, and shall lie in their powers, shall permit that Publique Pirates or other Robbers upon the Sea, in any the Ports of the other Kingdom or Country have their Receptacles or Re­treats, or shall suffer that any of the Inhabitants, or People of either Prince, do receive them into their houses, or supply them with provisions, or be other­wise assisting to them; But on the contrary shall en­deavour, that the said Pirates or Robbers and their Partisans and Accomplices be apprehended, and pu­nished according to their demerit, and the Ships and Goods, as much as can be found of them, restored to the lawful Owners or their Agents, Provided their right be made appear by due proof of law in the Court of Admiralty.

XXX.

It is concluded and Agreed, that there shall be at all times free access for the Subjects and People of either Party, to the Ports and Coasts of both Prin­ces, and it shall be lawful for them to remain therein, and from thence again to depart, and also to pass through the Seas and Territories whatsoever of either King respectively (Not committing any waste or in­jury) not onely with Merchant Ships and Ships of burthen, but also with Ships of War, whether the same be upon the Publick account, or Acting by private Commissions; whether they enter by reason of Tem­pest, and for avoiding the danger of the Sea, or to refit or buy provisions: So that they exceed not the number of six Ships of War, if they enter of their own accord, nor shall they remain longer in or about the Ports, then shall be necessary for the refitting of their Ships, buying provisions or other necessaries: And if they should upon occasion desire to come into the said Ports with a greater number of Ships of War, It shall in no wise be lawful for them to enter therein to without first giving timely notice by Letter of their coming, and obtaining leave of those to whom the foresaid Ports belong. But if by force of Tempest or other urgent necessity, they shall be compelled to put into harbour, in such case without any precedent no­tice, the Ships shall not be restrained to a certain num­ber; But with this condition nevertheless, that their Admiral or Commander in chief presently after his Arrival, shall make acquainted the chief Magistrate or [Page 25]Commander of the Place, Haven or Coast, whether they are come, with the cause of his coming; Nor shall be stay longer there, then shall be permitted him by the chief Magistrate or Commander, and shall not act or attempt any Hostility in the Ports whereinto he hath betaken himself, or any thing prejudicial to him of the Two Confederates to whom they shall belong.

XXXI.

It shall not be lawful for the Subjects of either King, or the Inhabitants of the Kingdoms or Lands under their obedience, to procure of any Prince or State who is at difference, or in open War with either of the Confederates, Letters Patents, called Com­missions or Reprisals, much less by virtue of such Letters to molest or damnify the Subjects of either. Both the said Kings shall strictly prohibite their Sub­jects respectively, that they do not procure or accept from other Princes or States any such Commissions; But shall as much as in them lies, forbid and hinder the committing of any depredations by virtue of such Commissions.

XXXII.

If any Ship or Ships belonging to the Subjects of ei­ther King be taken in the Ports of either by a third party, they in whose Port, or within whose jurisdi­ction whatsoever the foresaid Ships shall be taken, shall be mutually obliged to use their endeavour to­gether with the other party, for the finding and [Page 26]retaking the said Ships or Ships, and restoring them to the Owners; Which nevertheless shall be done at the charge of the said Owners, or the Parties interrested.

XXXIII.

But if also in the Ships taken by the Subjects of ei­ther Confederate, and brought into any Port belonging to the other, there be found any Seamen or other Per­sons who are Subjects of that Confederate into whose Ports or Rivers the prize shall be brought, they shall be civilly used by those who have taken them, and restored to their liberty forthwith and without ran­some.

XXXIV.

But if a Ship of War or any other laden with pro­hibited Goods belonging to the other Crown happen to be taken; It shall not be lawful for the Captains or Commanders who have taken her to open or break up any Chests, Tons or Bails on board the said Ship, nor likewise to transport or otherwise alienate any of her Merchandise, until they have been first put on shore, and an Inventory thereof made before the Jud­ges of the Admiralty.

XXXV.

And for the greater security of the Subjects of both Kings, and for preventing of all violence towards them from the said Ships of War; All Commanders of any [Page 27]the Ships of War belonging to the King of Great Bri­tain and all other His Subjects whatsoever, shall be strictly charged and required, that they do not Molest or Injure the Subjects of the King of Denmark; If they shall do otherwise, they shall be liable to answer it in their Persons and Estates, and shall therein stand bound until just Satisfaction and Compensation shall be made for the wrongs by them done, and the Damage thereby sustained or to be sustained: In like man­ner, shall all Commanders of the Ships of War be­longing to the King of Denmark, and all other His Subjects whatsoever be straitly under the same penal­ties charged and required that they do not molest or injure the said Subjects of the King of Great Britain; Provided nevertheless, that all the foresaid actions be examined and adjudged by due and legal proceeding in the Court of Admiralty of both Kings; Or if it shall rather seem meet to either of the parties, being a stran­ger in the place where the controversy is to be deci­ded, they shall be examined before certain Commis­sioners, which both Kings so soon as they shall be de­sired, shall appoint to that end, that so proceedings by this means may be not onely carried on without great expenses, but also ended within three moneths at furthest.

XXXVI.

Both Kings shall take care, That judgment and sen­tence in things taken at Sea, be given according to the rules of justice and equity by persons not suspected or interrested, and being once given by such Judges as [Page 28]aforesaid, they shall straitly charge and require their Officers and whom it shall concern, to see the same put in due execution according to the form and tenour thereof.

XXXVII.

If the Ambassadors of either King, or any other Publick Ministers residing with the other King, shall happen to make complaint of any such sentence, that King to whom complaint shall be made, shall cause the said judgment and sentence to be reheard and exami­ned in His Council; That it may appear, whether all things requisite and necessary have been per­formed according to the rules of this Treaty and with due caution: If the contrary shall happen, it shall be redressed, which is to be done at the furthest within three moneths time.

Neither shall it be lawful either before the giving of the first sentence, or afterwards during the time of Re-hearing, to unlade or sell and make away the Goods in controversie, unless it happen to be done by con­sent of parties, and to prevent the perishing of the said Goods and Merchandise.

XXXVIII.

The said Kings shall have in each others Court their Ministers, and in certain Ports their Consuls, for the better and more easie communicating and pro­posing such things, as they shall think advantageous to the Publick interest, or private concerns of any par­ticular Person.

XXXIX.

No Private injury shall in any wise letten this Treaty, nor shall raise any discord or hatred between the foresaid Nations, but every man shall answer for his own doings, and shall be responsible therefore; Nor shall one man suffer for that which another has of­fended in, by having recourse to Reprisals, or such like rigorous proceedings, unless justice be denied or delayed longer then is fitting. In which case it shall be lawful for that King, whose Subject has received the Injury, to proceed according to the rules and pre­scriptions of the Law of Nations untill reparation be made to the party injured; Provided notwithstanding that he have first in due manner advertised the other King thereof.

XL.

Also it is Agreed that if the Hollander, or any o­ther Nation whatsoever (the Swedish Nation onely excepted) hath already, or shall hereafter obtain any better Articles, Agreement, Exemptions or Priviled­ges then what are contained in this Treaty from the King of Denmark, that the same and like Priviledges, shall be likewise Granted to the King of Great Britain, and His Subjects effectually and fully to all intents and purposes; And on the otherside if the Hollander or any other Nation whatsoever, hath or shall obtain from His Majesty of Great Britain, any better Articles, Agreements, Exemptions or Priviledges then what are [Page 30]contained in this Treaty, that the same and like Pri­viledges shall be granted to the King of Denmark and His Subjects also, in most full and effectual manner.

XLI.

It is also Concluded, That former Treaties and Leagues at any time heretofore made between the foresaid Confederates or their Predecessors Kings, as well for the Kingdoms of Great Britain, &c. as for the Hereditary Kingdoms of Denmark and Norway, &c. respectively, be not in the least reputed or taken to be broken and abolished by any Agreement, Cove­nants or Articles in the present Treaty contained; But that the same remain in full force, effect and virtue, so far as they are not contrary or repugnant to the present Treaty or any Article therein contained.

XLII.

Finally, it is Covenanted, concluded and agreed, that the foresaid Kings shall sincerely and bona fide ob­serve all and singular the Articles contained and set down in this Treaty, and shall cause them to be ob­served by their Subjects and People; Nor shall trans­gress the same directly or indirectly, or suffer the same to be transgressed by their Subjects or People, and shall Ratify and Confirm all and singular the premisses as before Agreed, by Letters Patents Subscribed with their hands, and Sealed with their Great Seales in good sufficient and effectuall form, and shall deliver the same reciprocally within three Moneths after the date of [Page 31]these Presents, or cause them to be delivered, in good faith and reality, and with effect.

In the SAVOY, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1672.

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