ARTICLES OF PEACE & …

ARTICLES OF PEACE & 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 ƲNITED NETHERLANDS, Concluded the 21./31. day of July, 1667.

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. 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, 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, Countreys, [Page 4]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, Ho­stilities, Discords and Wars between the said Lord the King, and the foresaid Lords the States General, and their Subiects and Inhabitants, cease and be abo­lished; And that both Parties do altogether for bear and abstain from all Plundering, Depredation, Harm­doing, 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, 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, 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 [Page 5]further Agreed, That both the 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, 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 [Page 6]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; 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 them­selvs and their Successors, so as inregard 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, 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 bonâ 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 [Page 7]may pretend to have been taken or gotten in Places and Coasts far distant, after the Peace is concluded, and before it be notified unto those places; 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 Equinoctial Line or Aequa­tor, as well in the Ocean and Mediterranean Sea, as else­where; and from thence within the space of Eight moneths, 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, 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 vertue 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 [Page 8]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 satisfaction 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, as in Africk and America, especially 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 hey used and enjo [...]ed, or of right might use and enjoy at that time when the Treaty of the year 1662. was Subscribed.

X.

Also, That Prisoners on both sides, one and all, of what Degree, Dignity, or Condition soever they be, [Page 9]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, 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, 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 [Page 10]respective Dominions, who shall act, do, treat, or attempt any thing against either of them.

XIII.

That neither the said King, 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 advise any thing contrary to the sense 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, 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, nor the said Common­wealth, nor the Subjects of either, shall in any of their Jurisdictions, Countries, Lands, Havens, Sea­ports, 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, Sea­ports, 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 [Page 12]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, 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, 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, [Page 13]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 [Page 14]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.

XVIII.

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 Countreys, 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 Traffique in Goods and Commodities of all sorts, as to them shall seem fit, and them to Export and Import at their pleasure, [Page 15]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 Countreys 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, meeting any Men of War of the said King of Great Britain's in the British Seas, shall Strike the Flag, and Lore the Top­sail in such manner as the same hath been formerly observed in any times whatsoever.

XX.

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 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 terror of others: And all the Ships, Goods, and Com­modities Piratically taken by them, and brought into [Page 16]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 Countreys 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 lawful 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 lawful for any Foreign Private Men of War, who are not Subjects to one nor the other Party, having Commissions from any other Prince or State, to Equip their Ships in the Har­bours of either of the aforesaid Parties, or to fell or ransom their Prizes, or any other way to Truck, as well the Ships and Goods, as any other Lading whatsoever. And it shall not be lawful for them to buy any Victual, but what shall be necessary to [Page 17]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 Subject 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.

XXII.

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, Republicks, Princes or States, they shall therein comprehend each other and their Dominions, if they desire to be therein comprehended; and shall give to the other notice of all such Treaties of Friendship and Alliance.

XXIII.

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 [Page 18]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, Bays, Rivers, or in any places on this side 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 manner 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.

XXIV.

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-Countreys, 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.

XXV.

That in case the Merchant-Ships of the Subjects of either 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 [Page 20]break no Bulk, nor sell any thing; nor shall they be subject to any Molestation or Search, provided they do not receive on board any Persons or Goods, nor do any thing else contrary to the Laws, Ordinances or Cu­stoms of the places where they (as aforesaid) shall hap­pen to arrive.

XXVI.

That the Merchants, 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.

XXVII.

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 sorts of Weapons, as well Offensive as Defensive; but being come into their Lodgings or Inns, they shall there lay by and leave their Arms, until they be going on board again.

XXVIII.

That the Men of War, or Convoys of either Na­tion, meeting or overtaking at Sea any Merchants Ship or Ships belonging to the Subjects or Inhabi­tants of the other, holding the same Course, or go­ing the same Way, shall be bound, as long as they keep one Course together, to protect and defend them against all and every one who would set upon them.

XXIX.

That if any Ship or Ships of the Subjects or Inhabi­tants of either Nation, or of a Neuter, 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.

XXX.

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.

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; 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 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 moneths after such demand, that then Letters of Reprisal, Mark, or Countermark may be granted.

XXXII.

It is also agreed, 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 [Page 23]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 moneths 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, 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, 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 only 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 [Page 24]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, 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 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.

XXXV.

Furthermore it is agreed and concluded, 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 bonâ fide [Page 25]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 to be observed and exe­cuted by others.

XXXVII.

Under this present Treaty of Peace those shall be comprehended, who shall be named by either Party with common consent before the Exchange of Ratifi­cations, or within Six Moneths 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 [Page 26]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, 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 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.

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 [Page 28]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.

HIS MAJESTIES DECLARATION Concerning The Restoring of all Places, Forts, &c. which his Subjects shall have taken or recovered from the DƲTCH 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 Soveraignty, 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 [Page 30]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 Governours, 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 only 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, [Page 31]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.

FINIS.
ARTICLES OF PEACE & …

ARTICLES OF PEACE & 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 Most Serene and Mighty PRINCE Lewis XIV. The Most Christian KING. Concluded the 21./31. day of July, 1667.

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. 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 Most Serene and Mighty Prince, LEWIS XIV. The Most Christian King.

I.

THat there be an Universal, Perpetual, True and sincere Peace and Amity be­tween the most Christian King and the King of Great Britain, their Heirs and Successors, and between the Kingdoms, States, and Subjects of both; and that the same be so sincerely and seriously observed and kept, that one [Page 36]shall promote the honour and advantage of the other; and that a faithful Neighbourhood, and secure obser­vation of Peace and Friendship may flourish again on every side.

II.

That all Enmities, Hostilities, Discords and Wars between the said Kings and their Subjects, cease and be abolished; so as they both do forbear and abstain hereafter 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 and Places of eithers Kingdoms and Territories, of what conditi­on soever they be.

III.

That all Offences, Injuries, Damages, which either of the said Kings or their Subjects have suffered from the other during this War, be buried in Oblivion; so that neither in regard of them, nor for the Cause or Pretence of any other thing, neither Party, nor the Subjects of either, shall hereafter do or cause to be done or made, any Hostility, Enmity, Molestation or Hindrance to the other, by himself or by others, se­cretly or openly, directly or indirectly, by colour of Right or way of Fact.

IV.

That the use of Navigation and Commerce be free between the Subjects of both the said Kings, as it was anciently in the time of Peace, and before the Denunciation of the late War; so that every one of them may freely come into the Kingdoms, Provinces, Marts, Ports and Rivers of either Party, bringing their Merchandise, and Conversing and Trading there without Molestation.

V.

That all Prisoners on either side, of what Degree, Dignity or Condition soever, be forthwith set at li­berty, without Ransom or any other Price of their Free­dom; Provided they pay what is lawfully due for Diet or other Cause.

VI.

That all Proclamations and Acts which by reason of this War either Party hath published, to the preju­dice of either, against the liberty of Navigation and Trade, be abrogated on both sides.

VII.

That the most Christian King shall with all speed, or at the furthest within six Moneths, to be reckoned from the day of subscribing this present Agreement, [Page] [Page 35] [...] [Page 36] [...] [Page 37] [...] [Page 38]restore unto the King of Great Britain, or unto such as to that purpose shall receive his Commands duely passed under the Great Seal of England, that part of the Isle of St. Christophers which the English possessed the first of January 1665. before the Declaration of the late War; and to that end the said Most Christi­an King shall immediately upon the Ratification of this same Agreement, deliver or cause to be delivered unto the said King of Great Britain, or such Ministers of his as shall be thereunto appointed, all necessary Instruments and Orders duely dispatched.

VIII.

But if any of the Subjects of the said King of Great Britain shall have sold the Goods which he possessed in that Island, and the Price of the Sale hath been paid unto him; he shall not be restored and put into possession of those Goods by vertue of the present Agreement, before he hath actually paid back the Price or the money he hath re­ceived.

IV.

But if it happen (which yet is not known hitherto) that the Subjects of the said Most Christian King are beaten out of the said Island of St. Christophers, by the Subjects of the abovementioned King of Great Britain, before or after the Subscription of the present Agreement: Nevertheless, things shall be restored unto that state and condition wherein they were in [Page 39]the beginning of the Year 1665. that is, before the Declaration of the War now determining: and the said King of Great Britain, assoon as he hath notice thereof, shall without any delay deliver, or cause to be delivered unto the abovementioned Most Christian King, or his Ministers thereunto appointed, all In­struments and Orders duely made, which are necessary for that Restitution.

X.

Also, That the said King of Great Britain do like­wise restore unto the said Most Christian King, or unto such as to that purpose shall receive his Com­mand duely passed under the Great Seal of France, the Countrey which is called Acadia, lying in North- America, which the said Most Christian King did formerly enjoy: And to that end, the said King of Great Britain shall immediately upon the Ratification of this Agreement, deliver or cause to be delivered unto the said Most Christian King, or such Ministers of his as shall be thereunto appointed, all Instruments and Orders duely dispatched, which shall be necessary to the said Restitution.

XI.

But if any of the Inhabitants of that Countrey cal­led Acadia, shall rather desire to be hereafter under the Dominion of the King of Great Britain, it shall be lawful for such to depart within the space of one year, to be counted from the day of the Restitution [Page 40]of that Country, and to sell, alienate, or otherwise dispose as they please, their Lands, Grounds, Slaves, and all their Goods moveable or immoveable; and such persons as shall contract with them for the same, shall be forced to make good such Contracts by the Most Christian Kings Authority: But if they shall rather choose to carry away with them their Money, Housholdstuff, Vessels, Slaves, and all their Moveables; it shall be free for them so to do, without any hindrance or molestation whatsoever.

XII.

Also the most Christian King shall in like manner restore unto the King of Great Britain the Islands cal­led Antigoa and Monsarat (if they be in his power) and any other Islands, Countreys, Forts and Colonies, which may have been gotten by the Arms of the most Christian King, before or after the Subscripti­on of the present Treaty, and which the King of Great Britain possessed before he entred into the War with the States General (to which War this Treaty doth put an end.) On the other side, the said King of Great Britain, shall after the manner aforesaid, restore unto the abovementioned Most Christian King all Islands, Countreys, Forts, and Colonies, any where situate, which might be gotten by the King of Great Britains Arms, before or after the Subscription of the present Agreement, and which the most Christian King pos­sessed before the first of January, 1665.

XIII.

But if any of those Servants and Slaves that served the English in that part of the Isle of St. Christo­phers which belonged to the foresaid King of Great Bri­tain, as also in the Islands called Antigoa and Monsarat, when they were taken by the Arms of the foresaid Most Christian King, shall desire to return again unto the subjection of the English (yet without all force or con­straint) it shall be free and lawful for them so to do within the space of six Moneths, to be reckoned from the day on which the same Islands shall be restored. But if the English before they went off of the said Islands, sold some Servants, and the money was paid for them; those Servants are not to be restored upon other terms, but that the price be restored and re­paid.

XIV.

In like manner, if some of the foresaid King of Great Britains Subjects (who were not reckoned amongst Servants and Slaves) shall hire themselves in the qua­lity of a Souldier, a Labourer, or under whatsoever other Title, to the foresaid Most Christian King, or any one of his Subjects that dwelleth in the foresaid Islands, covenanting for Wages by the Year, the Moneth, or the Day; After the Restitution of the Island or Islands, such hiring of ones self or Obliga­tion is to cease, Wages being received after the rate of [Page 42]labour already performed, and it shall be free for them to return unto their Countreymen, and live under the Dominion of the King of Great Britain.

XV.

Whatsoever is resolved concerning the foresaid Islands, it is to be understood that it is in like manner resolved concerning all other Islands, Forts, Coun­treys, and Colonies, and the Subjects and Servants living therein, whom and which the abovementioned Most Christian King shall have gotten by his Arms, or shall get before or after the Subscription of this Treaty, if so be the said King of Great Britain possessed them before he entred into the War with the States General, which War is ended by this Treaty. On the other side, the same is also understood to be resolved in relation to those Islands, Countreys, Forts, and Co­lonies, and Subjects and Servants living there, who or which belonged unto the abovementioned Most Chri­stian King before the First of January, 1665. and whom or which the abovementioned King of Great Britain shall have gotten or shall get by his Arms be­fore or after the Subscription of this Treaty.

XVI.

That all Letters as well of Reprizal, as of Marque and Countermarque, which hitherto have been grant­ed on either Side for any cause, shall be and be held null and void; Nor shall any the like Letters be here­after granted by either of the said Kings against the Subjects of either; unless it be first made manifest that Right hath been denied; and unless he who de­sires Letters of Reprizal to be granted unto him, do first draw and present his Petition to the Minister res [...] ­ding in the name of that Kingdom against whose Sub­jects those Letters are desired; that he within the space of Four Moneths, or sooner, may enquire into the contrary, or procure that satisfaction be with all speed made from the party offending to the Com­plainant. But if that Kingdom against whose Sub­jects Reprizals are demanded, have no Minister resi­ding there, Letters of Reprizal are not to be granted till after the space of Four Moneths to be reckoned from the day whereupon his Petition was made and presented to the King against whose Subjects Reprizals are desired, or to his Privy Council.

XVII.

Then to cut off all matter of Quarrel and Conten­tions which might arise in regard of the Restitution of Ships, Merchandise, and other Moveables which ei­ther Party may complain to be taken and detained from the other in Countreys and Coasts far distant, af­ter the Peace is concluded, and before it be notified; All Ships, Merchandise, and other Moveables which shall or may be gotten by either Side after the Sub­scription and Publication of the present Agreement, within the space of Twelve Days in the Neighbour­ing Seas; within the space of Six Weeks from the said Neighbouring Seas unto the Cape of St. Vincent; then within the space of Ten Weeks beyond the said Cape on this side of the Aequinoctial Line or Aequa­tor, as well in the Ocean and Mediterranean Sea, as elsewhere; Lastly, within the space of Six Moneths beyond the bounds of the foresaid Line through the whole World; shall be and remain unto the Possessors without any exception or further distinction of time or place, or any consideration to be had of Restituti­on or Compensation.

XVIII.

But if (which God of his mercy forbid) the Differences now composed between the said Kings should at any time fester, and break out again into open War, the 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 be Con­fiscated, or made obnoxious to any inconvenience, but the space of Six Moneths shall entirely be allowed to the Subjects of either of the said Kings, that they may carry away and transport the foresaid things, and any thing else that is theirs, whither they shall think fit, without any molestation.

XIX.

Under this present Treaty of Peace shall be com­prehended those who shall be named by either Party with common consent before the Exchange of Ratifi­cations, or within Six Moneths after. But in the mean time both Parties are well pleased that the King of Sweden as Mediator be comprehended, and he is com­prehended.

XX.

Lastly, The Solemn Ratifications of this present Agreement and Alliance, made in due Form, shall be delivered on both sides, and mutually and duly ex­changed at Breda within the space of Three Weeks to be reckoned from the day of the Subscription.

FINIS.
ARTICLES OF PEACE & …

ARTICLES OF PEACE & 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 Most Serene and Mighty PRINCE Frederick III. King of Denmark and Norway. Concluded the 21/31 day of July, 1667.

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. 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 Most Serene and Mighty Prince, Frederick III. King of Denmark and Norway.

I.

FIrst, It is Covenanted, Concluded and Agreed, That there be from this day a perpetual, firm, and inviolable Peace between the Most Serene and Most Mighty Prince, Charles the Second, King of Great Britain, and the Most Serene and Most Mighty Prince Frederick the Third, King of Denmark [Page 52]and Norway, between their Heirs and Successors, and their Kingdoms, Principalities, Earldoms, Islands, Cities, Forts, Lands, Subjects and Inhabitants of what state and quality soever: And so as to maintain and promote each others good no less then their own, and th [...]rt and hinder with all possible study the da­mage and destruction of one another. And in this respect it shall be free for the Subjects of either King to exercise a Mutual Navigation and Commerce with­out molestation, and with their Merchandises to come to each others Kingdoms, Provinces, Marts, Ports, and Rivers, and there to abide and traffick.

II.

At this present shall cease between the aforesaid Kings, and their Kingdoms, Principalities, Earldoms, People, and Subjects, both by Land and Sea, all Enmi­ty, War, and Hostility, that is to say, in the Northern Ocean, and in the Baltick Sea and the Channel, within Twenty one dayes; from the Mouth of the said Streight or Channel to the Cape of St. Vincent, with­in Six Weeks; and then within the space of Ten Weeks beyond the said Cape on this side the Aequi­noctial Line or Aequator, as well in the Ocean as the Mediterranean Sea: Finally, within the space of Eight Moneths beyond the Bounds of the aforesaid Line all over the World, without any exception or further di­stinction of time or place; all Dayes, Weeks, and Moneths to be computed from the Subscription of the present Agreement; and the Publication of the [Page 53]same here made at Breda. And whatsoever shall be taken and seized after the aforesaid days by either King or their Subjects, to whom Commissions have been granted, it shall be wholly restored back again to him or them from whom the same was taken; and further­more, full satisfaction shall be made for the damages to him or them thereby arising, or the Charges they have been at; and every person herein offending shall be punished as his Offence deserves.

III.

It is also Agreed and Concluded, That all Diffe­rences on both sides, Suspicions and ill will, both on the part of the Most Serene King of Great Britain, and on the part of the Most Serene King of Denmark, &c. and likewise for singular the Ministers, Officers, and Subjects of them, be buried and abolished by a perpetual Oblivion. And further from this present shall expire, be annulled and for ever cancelled all Da­mages, Offences, Injuries by word or writing, that either the one has done the other, or has been suffered by the one from the other, from the very first begin­ning of the now ceasing War to this day, and the de­termined point of time wherein all Dissentions, Dis­cords, Differences and Enmities shall cease and be laid aside: By name, the Assault and Defence made at Bergen in Norway, and in whole, whatsoever either followed from thence, or does thereon depend; in such manner, as that neither of the said Parties by reason of any damage of this kind, offence, or charges, do [Page 54]under any pretence whatever cause the other any trou­ble, much less for this cause endeavour or attempt any kind of Hostility.

IV.

All Prisoners on both sides, of whatsoever For­tune or Rank, shall be forthwith set at liberty without any Ransom.

V.

All Ships, Goods, or the like, that in this turbul­lent season, in the heat of this very War between both the above-mentioned Kings and their Subjects, have been taken by the one from the other, or that either Party has confiscated and seized of the Goods and Pretensions of Persons or Subjects of the other Nation; as also all the Expences of War on both sides, shall be compensated by a like mutual Aboliti­on. In such manner, as are together comprehended in this Compensation, those Debts of the Subjects of the King of Great Britain, which have been on the part of Denmark confiscated; but in this sense, That whatever Debts of this kind unto the Tenth Day of May Old Stile, and Twentieth New Stile, by vertue of Confiscation or Reprisals have been by Subjects paid and received, do remain utterly abolished and satisfied; and that it be not lawful for the Credi­tors of such Debts for the future to pretend any thing [Page 55]upon this account, much less to urge payment of such for any reason, or under any pretence whatsoever. But of such Debts, as on the said day have not been paid and received, it shall be lawful for the Creditors, Subjects of the King of Great Britain, to demand and prosecute the Payment, by the ordinary way of Justice. Excepting nevertheless 120000 Rixdollars, more or less, (namely accruing from a certain Contro­versie, which arose between Christian the Fourth of most glorious Memory, King of Denmark and Nor­way, and the Parliament of England, by reason of sending Aid to Charles the First of most glorious Me­mory, King of Great Britain) for which the King of Denmark and Norway bound himself, and gave his Bond to a Company of certain English Merchants Trading at Hamburgh, and there either now living, or that have heretofore lived; Which claim of 120000. Rixdollars or thereabouts, being confiscate, shall be now by vertue of the present Treaty account­ed as null, dead, and utterly abolished; in such man­ner, that the Creditors of that Debt are not either now, or at any time hereafter therefore to demand or pretend any thing. In like manner as is also Cove­nanted and Agreed in most significant words, That no Pretension shall be at any time made, by reason of such Ships and Goods so seized, and Debt or Money lent, in such manner as aforesaid abolished and confis­cated; but that all shall on both sides by a Solemn Compensation be for ever accounted as null and void: Yet so, that Lands and immoveable Goods be not comprehended in the aforesaid Voidance and Annul­lation, but that they be without any difficulty or im­pediment [Page 56]restored back to those, who before the de­nouncing of the present War were the Possessors and Proprietors of them.

VI.

It is Covenanted and Agreed on both sides, That under the last mentioned Compensation, neither Countries, nor Islands, nor Cities, nor Forts, nor Ports, nor other like Places are to be understood. But if it shall be found, That either Party during this War hath either taken any such, in or out of Europe, or may yet take within the time limited in the second Article, whatsoever it be, it shall be without any Compensation and 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 before the Exchange of Rati­fications, or afterwards within Six Moneths 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, It is Concluded, Covenanted and Agreed, That the foresaid Most Serene and Most Potent Kings shall sincerely and bonâ 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 [Page 58]or indirectly: And they shall Ratifie and Con­firm all and every thing as they are above Covenant­ed, 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 bonâ fide, really and effectually within the space of Four Weeks next ensuing the Date of these Presents, or sooner if it may be done.

FINIS.
ARTICLES Touching NA …

ARTICLES Touching NAVIGATION & COMMERCE, 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 21/31 day of July, 1667.

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. 1667.

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.

WHereas by those Articles of Peace, Vnion and Alliance which are this day concluded between His Majesty the King of Great Britain, and the States General of the [...]nited 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 [Page 64]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 Ballance, 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 use of Trade: Therefore by the Medi­ation and endeavours of the Swedish Ambassadors, the forementioned Parties have further agreed unto these Separate Articles.

I.

THat all such Proclamations and Acts of State which either Party hath publish­ed, 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. 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 [Page 66]both Sides might be reduced to a certain and conve­nient Rule; the States General also have always aime 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; 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 abovemen­tioned 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, Countreys 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, Fregats, 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, Countreys 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 only all sorts of Fire-Arms and their Ap­purtenances; as Canon, Musquets, Mortar-pieces, Petards, Bombes, Granadoes, Saucisses, Pitched Hoops, Carriages, Rests, Bandeliers, Powder, Match, Salt-peter, 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, 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; 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 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 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 [Page 69]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 Countreys under the Obedience of the said States, 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, 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, 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 Barks then within Canon-shot, and may send their Long-Boat or Shal­lop on Board the French Ships or Barks, and cause only two or three men to go on Board, unto whom the Passports and Certificates shall be shewn by the [Page 70]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 wayes 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 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, 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 seised or confiscate.

35.

It was furthermore Agreed and Covenanted, 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, 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, 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 [Page 72]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, 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, to give good and sufficient security before Competent Judges, in the summe of Fifteen Thousand Liures 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 vertue, and in conformity of the Re­gulation therein made; upon pain of being cashiered, 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, the said Cap­tains may not open nor break up the Chests, Males, 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 Countreys under his Obe­dience as favourably as his own Subjects, will give all necessary Orders, that Judgements 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, Judgements, 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, shall make complaint of the Judgements which shall be given, His Majesty will cause a Review to be made of the said Judgements 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 Moneths at the farthest: Nevertheless neither before the first Judgement, 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.

42.

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, and the said in­teressed persons shall come to obtain a favourable Judgement or Decree, the said Judgement 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 [Page 75]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.

IIII.

It is also Covenanted, That these above-written Separate Articles, and all and every thing therein con­tained and concluded, shall be confirmed and ratified by the said King of Great Britain, and the said States General of the United Provinces, by Letters Patents of both Parties Sealed with their Great Seal in due and authentique 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.

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.

CEsar Duke of Vendome, Peer and great Master, Chief and Superintendent 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 Regi­sity the Roll signed & certified, containing the Names and Surnames, the Nativity and Habitation of the men that are aboard him, and of all that shall imbarque [Page 77]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 counter-signed by Our Secretary of the Marine, the [...] day of [...] One thousand six hundred [...]

Signed Cesar 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 United 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 Gover­nours 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, [Page 80]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.

FINIS.

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