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Fa^on A 1 2 3 3iX 1 2 3 4 5 6 mmmmmmm EXTRACTS FROM THE TREATIES BETWEEN GREAT- BRITAIN AND OTHER KINGDOMS AND STATES OF SUCH ARTICLES AS RELATE TO THE DUTY AND CONDUCT OF THE COMMANDERS OF HIS MAJESTY'S SHIPS OF WAR. LONDON M.DCCXCn. -5- A'- r %■ # ■«■ '-''~ % -^v *r%-i If .TREATIES WITH • -P^^^^^ ......Page,l. Spain / QQ States General 153^ Portugal 207. Austrian Netherlands w .!...;. 220. Russia 233. Sweden 249. Denmark 272. Dantxic ,\ . ; . . .... 292. Savoy 294. Turly 298. Morocco 304, Algiers 319., Tripoli 3S5, Tunis 344. States of America 355, K • ,lft-« ;| CONTENTS. TREATIES WITH FRANCE. ' Page. T.P.andC.TROYES,i420, i. T. P. and C.Wes tm: 1515, 2. T. P. J546, ...3- T. A. Blois, 1572, .... 4. T. A. Greenwich, 1596, 5. T. C. Paris, 1606, 5. T. A. London, 1610, ... 6. T. P. SusA, 1629, 7. T. C. St. Germ: 1632, . . 9. T. RuEL, 1644, 11. T. P. Westm: 1665, ... 12. T. P. Bredah, 1667, . . 17. Page. T. C. St. Germ: 1676, . 18. T. P. London, 1686, . . 26. T.P.&C.Ryswick,i697, 33. T. P. Utrecht, 1713, . 35. T. C. Utrecht, 1713, . 38. T. P. Seville, 1729, . . 50. T. P. Aix LA Chap: 1748, 51. T. P. Paris, 1763, .... 52. T. P. Versa il: 1783, . . q6. T. C. Versail: 1786, . . 66. Conv: Vers: Jan: 1787, . gg. Conv: Vers: Aug: 1787, g6. TREATY of P. and C TROYES, 142a Peace and Amity agreed to, Page, 1. Snbjeds to have a mutual Intercourse and free Trade, 2. TREATY of P. and C. WESTMINSTER, 1515. Conunerce and Intercourse, as at the last Peace, . 2. TREATr vi. CONTENTS. TREATY of P. 1546. "Z^ Peace and Amity established, Page, 3. Jr ranee, p^.^^ Navigation to all ports, and Commerce in all merchandizes, not prohibited by the laws of either kingdom, g. TREATY of A. BLOIS, 1572. Preceding Treaties and Alliances confirmed, 4. TREATY of A, GREENWICH, i5g6. Former Treaties confirmed, 5. • TREATY of C. PARIS, 1606. Preceding Treaties confirmed, ^, Commerce to be maintained in its present state, 6. TREATY of A. LONDON, 1610. Preceding Treaties confirmed, 6. Goods taken fi"om Pirates, to be brought into port, and put into safe custody, 6. Such Goods to be restored to the owners, being subjeds of either party, 7. TREATY of P. SUSA, i62g. Ancient Alliances to be renewed, and a free Commerce opened, 7. Ancient Alliances to remain in force, 7. Declaration of the King of France, for the re-establishment of ^ Commerce with England, 8. TREATY of C. St. GERMAIN en LAYE, 1632. Merchant Ships to strike to ships of war, and present their * licences and bills of lading, 9. Not CONTENTS. vii. Not to be taken out of their course, Page, 9. r; Books and Papers of ships taken, to be laid before the Judge of -^^'^^^^^- the Admiralty, 10. Officers of a prize-ship, to be examined before the Judge of the Admiralty; or before the Mayor, where there is no Ju - of the Admiralty; and shall then be set at liberty to f ow their affairs, 10. Men, or Goods, not to be taken from on board a prize-ship, without an order from the Judge, , . . . . 11. TREATY of RU EL, 1644. Aft of the Oath taken by Lewis XIV. and by the Queen Regent his mother, confirming all former Treaties, ... 11. Treaties of 1606, 1610, 1629, ^"^ ^^3^* confirmed, ... n. TREATY of P. WESTMINSTER, 1655. Free Navigation in the roads and harbours of either nation, 1 2. Free Navigation and Commerce m Europe, 13. Each party to pay the usual customs and port-duties to the other, 13. Sea Commanders of either party, not to injure, or damage, the ships, or merchandizes of the other, on pain of making restitution, and suffering corporal punishment, 14. All books and papers of a prize-ship, to be delivered to the Judge of the Admiralty, 14. No officer, or mariner of a prize-ship, to be taken out of her, but in order to be examined, 1^. Pirates not to be harboured, but pursued and punished, . . 15. Ships and merchandize, piratically taken, to be restored, . . 15. Free Commerce for the subjedts of one party, with all nations in friendship, though such nations may be at war with the other, 16. Except vlii. CONTENTS. "7^ ' Except to places befieged, and in contraband goods, . Page, i5. • Six months allowed to the subjedls on both sides, for selling and transporting their efFedls, in case of a var, 17. TREATY of P. BREDAH, 1667, Hostilities to cease for ever by sea and land, 17-. Six months allowed to the subjects on both sides, to withdraw their efFe<5ts in case of a war, 18. TREATY of a St. GERMAIN en LAYE, 1676-7. Freedom and security of Commerce, 18. That the subje(5ts of France, may enjoy free Navigation and Commerce with all nations in amity with them, the ^gh such nations may be at war with England, 19. The same for the subjedts of Great Britain, 19. Contraband goods excepted, 19. Contraband goods specified, 19. What goods are not contraband, 20. To and from what ports goods not contraband may be carried, 20. Ships of either nation, producing passports in proper form, not to be detained, 2i* Ships of one party, going to places at enmity with the other, to shew certificates as well as passports, which are to contain an account of the cargo, that it may be known, whether there be any contraband goods on board, 22. Contraband goods not to be sold till sentence has passed^. . . 22. Lawful merchandize not to be condemned, on account of un- lawful, 23. Ships to go free, on delivery of the contraband goods, ... 23. Merchandizes, found in the ships of an enemy, to be forfeited, although not contraband, 23. Free 1.9- 19- 19- 19- 20. , 20. I, not 21. (ther, ntain lether 22. 22. un- 23- 23- ited, 23. Free CONTENTS. ix. Free ships make free goods, co;iu-aband excepted, . . Page, 23. ~^ Times and distances settled, within which no English, or French ' goods, laden in an enemy's ship, shall be confiscated, . . 24. Contraband goods, althoug'i not liable to confiscation, are not to be carried into an enemy's port, 24. The ships of war, and privateers of either nation, not to injure the merchant-ships of the other 25, Torture prohibited under the most severe penalties, 25. TREATY of P. LONDON, 1686. Peace and Amity in all parts of America, 26. Ships not to be fitted out in the dominions of either power, to attack the other, 26. Soldiers and subjedls of one party, not to injure those of the other, or assist the Indians against them, 27. Subjects of cither King not to trade, or fish, in the dominions, or on the coasts of the other, 27. Ships found so trading, or fishing, to be confiscated with their lading, 28. The party aggrieved may apply to the Privy Council, ... 28. Liberty of Navigation not to be disturbed, 28. All ships and subjects of either power, being forced by necessity into the ports of the other, are to be well received and sup- plied, 28. Shall not be obliged to unload, and expose their merchandize to sale, 29. Shall not take in any merchandize, or employ themselves in fishing, 29. Must hang out the colours of their nation, and give notice of their arrival, , . . . . 29. Ships stranded, wrecked, oi' in danger, are to be a^^isted, 29. Three in X. France. CONTENTS. Three, or four ships forced into a port together, not to stay longer there, than allowed, Page, 30. The wild inhabitants, or goods taken by them, not to be harboured, 30. Neither party to molest the other, 30. Ships of war, or privateers, on either side, to do no injury, or damage, 30. The party injuring to be punished, and obliged to make resti- tution, 30. Pirates not to be assisted, or protedted, 31. The subjedls of either King, taking commissions as privateers from any power at war with either party, shall be punished as pirates, 31. Turtle fishery, 31. All differences between the subjects of either King, to be decided where they have arisen, 31. But if not determined within a year, the proceedings must be transmitted to the one, or other of their Majesties, ... 31. In case of a war in Europe between the parties, no hostilities shall be committed between their subjedls residing, in America, 32. This Treaty not to derogate from the Treaty of Bredah in 1667, 32. TREATY of P, and C. RYSWICK, 1697. Free Navigation and Commerce as formerly in time of peace, 33. Times and distances settled in regard to ships taken, after peace is concluded, and before it is notified, 33. Six months allowed for the removal of effecfts, in case of a rupture, 34. TKEATr in )2. in 32. 33- of a 34- urr CONTENTS. ; TREATY of P. UTRECHT, 1713. Navigation and Commerce as formerly, Page, 35. Hudson's Bay restored to the English, 25- St. Christopher's, Nova Scotia, and the fishery there, and Annapolis Royal, ceded to the English, 35. Newfoundland, with the town and fortress of Placentia, quitted to the English, with a right reserved to the French, of catching and drying fish there, 36. The Island of Cape Breton, and all others in the River St. Lawrence, to belong to the French, 37. Six months allowed for the removal of effedts after a rupture, 37. TREATY of a UTRECHT, 1713. Free Navigation and Commerce in Europe, 38. Six months allowed to the subjedls of both their Majesties to withdraw their persons and effedts after a rupture, .... 38. Subjedl:s, or goods, of either confederate, not to be detained for publick use, warlike expeditions, &c 30. This article not to be understood of that detention, which justice may require, 30. Subjedls of either party, to enjoy all the privileges of the most favoured nation in the dominions of the other ^o. Subjedls of either party, to dispose of their effedts, by will or otherwise, and in case of dying intestate, their lawful heirs to possess the same, any statute, custom, or droit d'aubeine, to the contrary, aq. When either party shall be at war, the ships of the other, shall be furnished with proper passports and certificates, , according to the form annexed to this treaty, and certificates of the contents of the cargo, 41. Ships XI. France. xii. CONTENTS. "^^ Ships not obliged to give an account of their lading, unless suspedted, "age, 42. If suspedted, must exhibit passports and certificates, .... 42. Merchant-ships making to the port of an enemy, must produce passports and certificates, 42. All goods, laden by either party on board the ships of an enemy, are to be confiscated, unless put on board before war declared, or within the times and distances specified, 42. All injury on both sides to be forbidden, punished, and re- paired, 43. The remains of ships wrecked and their lading, shall be restored to the proprietors, 44. Severe punishment to be inflicted on those, who are guilty of inhumanity, 44. All ships and goods rescued from pirates to be restored to the proprietors, on proof made of their property, 44. Captor, using torture, to forfeit his prize, and suffer the most severe punishment, 44. Form of Passport, ; . . 45. Form of Certificate, 48. TREATY of P. SEVILLE, 1729. All former Treaties of Peace and Commerce renewed and con- firmed, go. TREATY of P. AIX LA CHAPELLE, 1748. Universal and perpetual Peace between the contracting powers, 5 1 . The Treaties of Peace of Ryswick in 1697, and of Utrecht in 17131 renewed and confirmed, 51, ' :^ ' TREATr CONTENTS. Xlll. 51- TREA TY of P. PARIS, 1 763. Universal Peace, Page, 52. Treaties confirmed by second article, 141. Nova Scotia, or Acadia, guarantied to Great Britain; also Canada, Cape Breton, and the other adjacent Islands, . 53. The Catholick Religion granted to the Inhabitants of Canada, 53. The French Inhabitants to have liberty, to remove with their goods within eighteen months, ^4. French subjects shall have the liberty, of catching and drying fish, on part of the Island of Newfoundland, as specified in 13th art: of the Treaty of Utrecht, ^54. Also in the Gulph of St. Lawrence, at three leagues from the Coast, and out of the Gulph, at fifteen leagues distance from the Coasts of Cape Breton, c^. Great Britain cedes the Islands of St. Pierre and Miquelon to France, but the same not to be fortified, cc. Limits of British and French territories in America, .... 55. Vessels of either nation, not to be visited or subjedied to the payment of any duty, ^6. Inhabitants to enjoy the same privilege, as stipulated in 4th article, ^6. Regulation in respedt to papers and archives, in places restored or ceded, 56. TREATY of P. VERSAILLES, 17.83. Universal Peace, c^. General oblivion and amnesty, cy. Treaties renewed, en. Newfoundland, and the adjacent Islands, to belong to Great Britain, except St. Pierre and Miquelon ceded to France, 58. France France. ,l> XIV. France. CONTENTS. France renounces the right of fishing, from Cape Bonavista to Cape St. John; and the French fishery to begin at Cape St. John to Cape Raye, Page, 58. The fishery in the Gulph of St. Lawrence to be exercised by the French, conformably to 5th article, Treaty of Paris, 59. Great Britain cedes to France, the River Senegal, and the Forts specified, 59. Goree restored to France, 59. Fort James and the River Gambia guarantied to Great Britain, 59. Commissaries to be appointed to settle the boundaries, . . 59. The English to carry on the gum trade, from the River St. John to Portendic, 59. The other parts of the coast, to be resorted to, as hitherto, 59. The settlements on Orixa and Bengal, restored to France, with liberty to surround Chandernagore with a ditch, 60. Free Trade to be secured to French subjeds, 60. The articles relative to Dunkirk abrogated and suppressed, . 60. Commissaries to treat concerning new arrangements of com- merce, 60. Touching the decision of prizes, made prior to hostilities, 61. Revival of suits, ended in the conquered islands, prevented, 61. DECLARATION of His Britannick Majesty, dated September 3, 1783» 61. Fishery of the French, upon the coasts of Newfoundland, 62. The 13th art: of the Treaty of Utrecht, to be the plan, on which the fishery shall be carried on, 52. The Islands of St. Pierre and Miquelon ceded to France, as a shelter to the French fishermen, Q2. Fishery between said Islands ana Newfoundland, limited to the middle of the channel, 62. The CONTENTS. XV. Ihe surrounding Chandernagore with a ditch, not to be an "^ objedt of umbrage, Page, 63- I The new state of commerce will demand a revision of the Treaties, 6^» Some of the articles relate merely to commerce, but others to privileges and protedtions, 6^. Alterations to extend only to commercial arrangements, . . 63. Commissaries to treat solely thereon, 64. COUNTER DECLARATION of His Most Christian Majesty, of same date, 64. Attention to prevent St. Pierre and Miquelon becoming an objedt of jealousy, . 64. Fishery on coasts of Newfoundland, 64. To be bounded by the middle of the channel, 6^. The ditch of Chandernagore never to give umbrage, .... 6^. Motives of the French King, for proposing new arrangements of commerce, 6^, Commissaries to be appointed, 6^. ' TREATY of a VERSAILLES, ijS6. Reciprocal and perfedl liberty of Navigation and Commerce, 66. In case of a rupture, the subjects of the two parties, may , remain in the dominions of each other, and continue their trade, so long as they behave peaceably, and if ordered to remove, twelve months allowed them to remove with their effedts, 6j. To exercise no adls of hostility against each other, by virtue of any commission from foreign powers, 67. Letters of reprisal not to be granted, by either of the con- tradling powers, except where justice be denied or delayed, 68. Four months to be uilowed, 68. The XVI. France. CONTENTS. The subjects of each utner, shall have powe;, without licence or passport, to enter into the dominions and cities of the other power, in Europ-^, Page, 68. They may come to any ports, cities, or places in Europe, with their ships and goods, the importation whereof is not pro- hibited, and may remain and reside there, without any limi- tation of time, 6g. To enjoy perfedt liberty of religion, yo- Burials allowed, 70. Duties not specified, shall be the same as paid by the most favoured nations, 71. In case greater privileges should be granted to any other nation, the subjects of the contrafting parties to participate therein, 7 1 . Tariffs, indicating the duties, to be pfiixed in public places, 71. Goods not to be inspected or confiscated, under pretence of any fraud in the manufadiure of them, and their cafks or cases r'Ot liable to duties, 72. Goods omitted in entry, not to incur forfeiture of ship or cargo, . 72. Provision, in case of the prohibition of articles, 70. Not to pay capitation tax, 7^. Touching bounties, 7^. This treaty to take effedl, so soon as the necessary laws shall be passed in Great Britain, 74. The same, in respedl to Ireland, 74. No duty to be paid by the ships of either nation, 75. Foreign privateers not to arm, sell their prizes, or purchase vidluals in the ports of either nation, 7/j. Provision, in case of disputes between masters and their sea- men, 7^5. When books of merchants produced in court, no other articles to cases . 72. lip or 72. 73- 73- 74- shall 74- 74- 75- chase 75- sea- 75- rticles . CONTENTS. xvii, to be taken cognizance of, than such as relate to the affair in j^ question, "age, 76. British subjedts shall only be obliged, to keep their day-book on stamped paper, 76. Masters and Merchants shall manage their own concerns, without the intervention of any broker, 76. French subjedls reciprocally to enjoy the same privileges, in all the British dominions in Europe, 77. It shall be free for them, to load or unload their ships by them- selves, and to wait for a lading as they please, 77. Provision, in case of ships forced in by storms, 77. Only such goods, as are to be sold, to be subjedt to duties, . 77. Lawful for their ships, to sail from one to another port of the enemy, 78. Free ships shall make free goods, except contraband, 78. Persons on board also free, unless soldiers in the service of the enemy, and on their voyage, for the purpose of being employed in a military capacity, 78. What goods, to be deemed contraband, 79. What goods, not to be deemed contraband, except going to places besieged, blocked up, or invested, 79. Ships to be furnished with passports, in case of war, 80. To be renewed yearly, 80. Also with certificates, specifying the particulars of the cargo, the place from whence the ship sailed, and whither bound, that it may be known, whether she carries any contraband goods, 80. Not to be obliged to break bulk, unless suspedled on sure evidence, of carrying contraband goods, . . . . , 81. Men of war or privateers, meeting any merchant ship, are to remain out of cannon-shot, and are to send their boat, and enter such merchant ship, to the number of two or three men only, and on the master's producing his passport, they are not XVUl. ' \ 1,1 .i i France. CONTENTS. not to molest or search the ship, or compel her to alter her course, Page, 81. Merchant ships bound to the enemv, to exhibit certi^cates, as specified in the 22d article 82. Should any of the goods appear to be contraband, the steps to be taken, 82. Goods -of the subjedts of the contradling parties, on board the ships of the enemy, to be confiscated, save on the breaking out of hostilities 83. The times and limits specified, within which the poods not to be subje<5t to confiscixtion, 83. Captors responsible, in their persons and estates, to make satisfaftion and reparation, for all damages and interest, . 84. Security to be taken, before commissions be granted, .... 84. Decrees of the Admiralty Court, how to be given, 85. What proof shall be requisite in time of war, 85. Passports in force, although the master die, 85. What salvage to be allowed on recaptures, 86. Revision of sentences^ and pending the same, not lawful to sell, or unlade the goods, 87. Law3 to be enadted on both sides, 87. If a judicial decision be necessary, respedling the legality of prizes, the judge is to diredt the efFedts to be unladen, and an inventory and appraisement to be made thereof, .... 87. What security to bt required, from captor and claimant, . 87. Sentence not to be suspended by appeal, if security be given, 87. Ships and goods driven on the coast by storms, or wrecked, to be restored paying salvage, 88. Subjedts of each party, to employ whom they think fit, . 88. Pirates, in what manner to be treated, 89. Ships and goods taken from pirates, to be restored to the owners, 89. AH i o tlie . 89. CONTENTS. xix. All ships and goods taken upon the high sea, to be brought into -r^ port, and delivered into the custody of the officers of the port, .' that the same may be restored to the true proprietor, Page, 89. Privateers to carry their prizes, whither they think proper, . 89. No shelter shall be given to such, as have made a prize, upon the subjedls of either party, 90. No captures to be made in port, or within cannon shot of .' the coast, 90. Captor using torture to forfeit his prize, and to suffer the most severe punishment, 90. Consuls to be appointed, 91. All privileges, in regard to the security of trade, the succession to personal estates, and the protedlion of individuals, to be reciprocally enjoyed, 91. Any infraction of the Treaty, to be remedied, 92. Duration of Treaty, 93. Form of Passport, 93. CONVENTION of VERSAILLES, January, 1787. Explanatory" of i8th and 25 th articles of Treaty C. Versailles, 95. Until ulterior Convention, to enjoy the privileges allowed the most favoured nation, nc. For recovery of debts, n5 CONVENTION of VERSAILLES, August, 1787. Explanatory of 13th article of Treaty P. Paris, 1783 96. Great Britain engages to secure to France, a free trade in India, in the countries specified, 07. Impartial juftice secu ed tr; French subjects, ^7. Europeans, as well as natives, to be given up to justice, . . 97. Subjeds taking refuge within the fadtories, to be delivered up, 98. TREATIES XK. CONTENTS. I ii. ' I I't; ' TREATIES w,TH SPAIN. P.ige T.P.&C.Cambray,1529,()9. T. P. & C. 1542-3, .... 103. T.P.&C. London, 1604, 104. T.P.&C.Madrid,i630, 108. T.P.&C. Madrid, 1667, ir2. T. Madrid, 1670, ... 125. T. P. Utrecht, 1713, 130. T.C.Utrecht, 1713, 132. T. C. Madrid, 1715, . 134. Page, T. P. Madrid, 1721, . . i;^^ T. A. Madrid, 1721, . 136. T. P. Seville, 1729, . . 137 T.P.Aix LA Chap; 1748, 138 T. Madrid, 1750, .... 139 T. P.Paris, 1763, .... 141 T. P.Versail: 1783, . . 143 Conv: London, 1786, . 149 D.&C.D. Madrid, 1790, 156. 1 III ii TREATY of P. and C. CAMBRAY, 1529. Perpetual peace, union, and free intercourse, Page* 99. Neither party, to attempt any thing against the other, ... 100. Neither party, to give aid to the enemies of the other, . . 101. This peace to remain, notwithstanding any violation of it, by the subjedls of either party, 101. Letters of reprisal, or marque, not to be granted without due notice, 101. Treaty of 1520, to remain in its former state, 102. . TREATT I Page. • 135- 136. ■ 137- ,138- • 139- . 141. . 143- ■ 149- ,156. e» 99- 100. 101. it, by 101. It due 101. 102. CONTENTS. TREATY of P. and C. 1542-3. Treaty of 1520, to remain in the same state, in which it ought to remain, by the Treaty of 1529, Page, 103. TREATY of P. and C. LONDON, 1604. Free Commerce according to former usage, and antient Trea- ties, 104. Free access and departure, for all ships of both nations, . . . 105. Number of ships of war, restrained from entering, unless forced in, 105. Subjeds of one party, not to assist the enemy of the other, 105. Enemies of one party, not to be assisted by the other, . . . 106. Prohibited goods only t9 be confiscated r and only the delinquent punished, 106. Privileges, granted before the war, revived, 107. Six months allowed to the subjedts of either party, to withdraw their effedls in case of a rupture, 107. Ships not to be detained, without consent, 107, TREATY of P. and C. MADRID, 1630. Free 'Jommerce according to antient Treaties, 108. Free access and departure for all ships in general, 109. Number of ships of war restrained, 109. Subjedls of one party, not to assist the enemies of the other, 109. Nor furnish them with money, &c 1 10. Antient Treaties to retain their former force, 110. Prohibited goods only, to be confiscated, m. Privileges of merchants to be revived, m. Ships not to be detained, Hi. • - TREATY of P. and C. MADRID, 1667. Universal peace and amity, between the two crowns, ... 112. Subjedts of one party, not to injure those of the other, , . . 112. ^ Free XXI. Spain. I < 1*3 xxii. i'' I ji'':i Spain . CONTENTS. Free admittance to the subjeds on both sides into all places, where commerce hath heretofore been usually carried on. Page, 1 13. Subje confirmed, 138. TREATY of P. AIX LA CHAPE LLE, 1748. Treaties confirmed, 138. TREATY of MADRID, ijso* British subjects to take salt at Tortudos, 139. British subjedls to enjoy the same privileges, w^hich they en- joyed before the last vv^ar, by royal cedulas, and by the Treaty of 1667, 139. Treaty of Aix la Chapelle, and the Treaty of Commerce of Utrecht, confirmed, 140. TREATY of P, PARIS, 1763. Treaties confirmed, ... 141. Prizes, in vv'hat courts, and in what manner, tc be decided, 142. Fortifications i; xxvi. CONTENTS. ^ '■ Fortifications in the Bay of Honduras to be demolished. Page, 142. ■I British subjects to cut logwood, 142. Spain desists from fishing at Newfoundland, 143. TREATY of P. VERSAILLES, 1783. Universal peace, 143. Treaties renewed, 144. British subjeds, to have the right of cutting logwood, in the distridts specified, I45. Eighteen months allowed, for British subjeAs to retire within such distri. W i |i i< '1 TREATY of P. and C. WESTMINSTER, 1654. Peace and friendship, Page, 158. TREATY of P. and A. WHITEHALL 1662. This peace not to be interrupted by the subjedts of either ' party, 139. The particular persoi s offending, and no other, to be punished, and make satisfa<^ion, 160. Offenders, not appearing, are to be declared enemies, and forfeit their effects, 160. TREATr CONTENTS. TREATY of P. and A. BRED AH, 16J7. Liberty of Trade, in Africa and America, the same as in 1S62, Page, i6i. Free passage and trade for the subjedts of each party to all places in Europe, 161. All Dutch ships, to strike to the British ships of war, .... 162. Pirates, and their accomplices, to be punished, 162. Goods, piratically taken, to be restored, 163. The subjects of one party, not to z&. under any c^^mmission from a Prince at war with the other, 163. Privateers, belonging to the enemy of either party, not to be fitted out, or suffered to sell their prizes, in the ports of the other, 163. Ships, or goods, taken by the ''n my of one party, and bought by the subjects of the other party, to be restored, .... 164. Free passage and trade in Europe, 164. Merchant- ships, driven into the ports of either party, to depart freely, 165. Ships of neither party, to be detained by the other, 165. Use of arms allowed on both sides, - 16^. Ship" of war of one party, to protecft the merchant ships of the other, i65. Ships of one party, taken by an enemy in the ports of the other, to be pursued and restored, 166. Six months allowed, for the removal of efFedts, in case of war, \66. Free ingress and egress for all ships into, and out of, all ports, iGj. Ships of war, exceeding eight, not to enter a port without leave, unless forced in, 167. TREATr States General, ■.,;i: iltl hy !ii, XXX. CONTENTS. States TREATY of C. BRED AH, 1667. ij- eneral. i^j-e^ty ^f jggg, between France and the States, referred to, , Page, 168. TREA TY of A. HAGUE, 1667-8. Treaty of Brcdah confirmed, 169. TREATY of C. HAGUE, 1667'S. Free trade for British subje and 1574, ex- plained, 190. TREATY of A. WESTMINSTER, 1677-8. Perpetual friendship, as well within, as out of Europe, . . 191. TREA TY of WINDSOR, 1685. Treaties of 1667, 1673-4, 1674, ^^75* 1674-5, ^"^ 1677-8, continued and confirmed, 192. TREATY of A, WHITEHALL, 1689. - Perpetual friendship, as well out of, as within, Europe, . 193. Treaties of 1667, 1673-4, 1674, 1674-5, 1675, 1677-8, and 1689, approved and confirmed, . 193. TREATT re free; ^' ge, 182. e other. within . . 183. ny, 184. 1 injury, . . 184. . . 184. ew, but i . • lo^* ^ on pain . . . 185. . . . 187. % 1675- -7 '-'Si )74, ex- ^% . . . 190. ^} J. 1 , . . 191. 1677-8, . . 192. 3e, . 193. 77-8, and • • 193. TREATY CONTENTS. xxxiii. TREA TY of UTRE CHTy 1712-13. States Former Treaties confirmed, Page, 195. yjeneral. British subjeds to enjoy all due privileges in the places of the Spanish Netherlands, and of the Barrier, which are to be delivered up to the Dutch, 195. TREATY of WESTMINSTER, 1715-16. Former Treaties confirmed, 196. TREATY of WESTMINSTER, 1728. Former Treaties confirmed, 198. TREATY of P. SEVILLE, 1729. Confirmation of former Treaties, 199. TREATY of P. VIENNA, 1731-2. Former Treaties confirmed, 200. TREATY of P. PARIS, 1784. Universal and perpetual peace, 201. General oblivion, of every thing, done or committed, before, or since the war, 201. The same custom, in regard to the honours of the flag, and - the salute at sea, to be followed by the ships of the Re- publick, towards those of Great Britain, as practiced before the last war, 202. Navigation in the eastern seas, not to be obstru<3:ed, .... 202. Diflferences having arisen, between the English African Com- pany, and the Dutch West-India Company, commissaries to arrange the navigation, on the coasts of Africa, and Cape . ApoUonia, 202. TREATr XXXIV. CONTENTS. Wit m \w If ■)" States TREATY of A. HAGUE, lySS. General. Sincere friendship and union, P^^ge* 203. In case either party be attacked, by any European power, the other, to succour its ally, by sea and land; and mutually maintain each other, in the possession of its dominions, 203. Great Britain guaranties, the Hereditary Stadtholderate, in the House of Orange, 203. For the reciprocal security of their diflant possessions, in case either party be attacked, or menaced with an attack, in Africa, or in Asia, by any European power, the Governors to furnish the most speedy and effectual succour, .... 204. Not to permit the ships of war of the power attacking, to enter into any of their po.ts, until peace be restored, unless the said vessels be forced in, to avoid perishing or being shipwrecked, 204. If involved in a war, against a common enemy, they reciprocally engage not to disarm but by common consent, and confi- dentially to communicate with each other thereon, . . . 205. The power requiring succours, to provide whatever the ships or troops may want, 205. The same shall not be at the expence of the party requiring,, but such succours shall remain at its disposal, 205. As to the discipline of th 2 succours, the same to be subjedt to the orders of their Commanding Officer, and not be cm- ployed, than in concert with him, . . 205. Until a Treaty of Commerce, be concluded, to be treated, as the most favoured nation, 205. In resped to the restitution of Negapatnam, 206. ^ Obs: — That none of the former Treaties, appear to have been renewed, either by the Treaty of Peace, of Paris, 1784 i or, by the Treaty of Defensive Alliance, of the Hague, 1788, 206. TREATIES % t X 1 P P E E F Si T If CONTENTS. XXXV. TREATIES WITH PORTUGAL. T. P. and C. London, 1641-2, .... Page, 207. T. P. and A. Westminster, 1654, 212. T. P. Paris, 1763 218. TREATY of P. and C. LONDON, 1641-2. « Firm Peace and Amity, Page, 207. Free passage and commerce to and from the ports of each other, on paying the usual duties, 208. British mariners not to sue for their wages in Portugal, . . . 209. British ships, or subjedls, not to be detained, by the Portuguese, for any service, without the consent of the King of Great Britain, 209. Goods not to be taken for the service of the King of Portugal, but at the current price, 209. Free navigation and commerce, 210. Subjedls on either side, to have an equal liberty of trading, if either King should be at war with an ally of the other, . 210. Two years allowed, after notice given, to remove effe ■•■: '.■! - *■'. ': • TREATY of P. and C. LONDON, 1495-6. Peace and union, , Page, 220. Subjects of England, to trade freely in all the dominions of the Arch-duke, 221. Fishers, on both sides, to fish without impediment, or licence . 221. If forced into port, to be amicably treated, 221. Pirates, not to be assisted, 222. Ships, taken in the ports of either prince, to be sued for, . 222. All ships of either party, may be moored in the ports of the other, 222, Goods of the enemy of one party, not to be carried in the ships of the other, , 223. T RE ATT XXXVIU. Austrian Nether- lands. CONTENTS. TREATY of P. and C. CAM BRAY, 1529. TREATY of P. and C. 1542-3. TREATY of P. and C. LONDON, 1604. Perpetual peace and amity, Page, 225. TREATY of P. and C. MADRID, 1630. Free ingress and egress for all ships into, and out of, the ports of either party, 226. Ships of war, exceeding eight, not to enter any port without leave, 227. Free passage and trade, to and from the ports of each other, without passport, or licence, 227. Subjeifts of one party, not to assist the enemies of the other, with money, provisions, arms, &c 228. Antient Treaties of Commerce to be observed, 228. TREATY of P. and C. MADRID, 1667. English merchants to enjoy all immunities granted by antient Treaties, 229. CONVENTION of LONDON, ijis- Commerce to continue on its present footing, until a new Treaty is agreed on, 230. TREATY of P. and A. VIENNA, 1730-1. Firm friendship and mutual defence, 231. Former Treaties confirmed, 231. w TREATIES 0? Ik 'i -is CONTENTS. xxxi;f. TREATIES WITH RUSSIA. T. A. and C.Westminster, 1623, Page, 233. T. A. and C. Petersburgh, 1734, .... 237. T. A. Moscow, 1742, 240. T. Petersburgh, 1755, 241. T. P. Petersburgh, 1766, 242. TREATY of A. and C WESTMINSTER, 1623. Perpetual alliance, Page, 233 Neither party to assist the enemies of the other, 234 Misbehaviour of subjedts, not to be imputed to either prince, 234 Privileges granted to the English, to remain in force, .... 234 Subjedls of both princes, having a licence, to trade freely, 235 Free passage for Ambassadors, and messengers, 235 Wrecks to be taken care of, and restored to the owners, . . 236 TREATY of A. and C PETERSBURGH, 1734. Perpetual peace and friendship, 237. Free navigation and commerce in Europe, 237. Neither goods, nor persons, to be detained, in case of a rupture; and one year allowed for removal, 238. Men, or ships, not to be forced into service, 238. Deserters to be delivered up, 238. Persons wrecked to be assisted, and the wrecks preserved, 238. TEEATr llll: H Mr^ I '!" xl. CONTENTS. Russia. TREATY of A. MOSCOW, 1742. Perpetual friendship and alliance, Page, 240. This Treaty to continue in force fifteen years, 240. Treaty of 1734, to continue in force, as long as the present Treaty, 241. TREATY of PETERSBURGH, lyss. The Treaty of 1742, renewed, 241. This Treaty to continue in force four years, 241, TREATY of P. PETERSBURGH, 1766. Perpetual peace and friendship, 242. Liberty of navigation and commerce, 242. Their respective subjects, to be treated as those of the most favoured nation, 243. Russian ships, not to be impeded by English ships, if, in the British sea, they conform to the established pradtice, . . 243. Their subjedls to trade freely w^ith the enemies of the other, provided they do not carry military stores, and except to places blocked up or besieged, 244. Contraband goods specified, 244. If peace be broken j subjedti: dlow^ed one year to remove with their eflfed:s, 245. In case of shipwreck, to receive all assistance, 245. Regulations in respedt to the houses of British merchants, . 246. Reciprocally to enjoy the free exercise of their religion, . . . 246. Passports to be granted to British subjects, to quit Russia, 247. Regulations in respect to proceedings at law, of British and Russian merchants, 247. Duration of Treaty, 248. TREATIES ^ M I '<^'"i',i. CONTENTS. xli. !, 240. ^'^B . 240. sresent ' r/^WB . 241. ^^9^^B . 241. ^^B . 241. . 242. "j;vJl^^H . 242. e most >W9^^B • 243. in the ' '"^H^ . 243. ; Other, ^^K cept to . 244. . 244. ve with . 245. -^fj^^^l . 245. . 246. . 246. a, 247. ish and . 247. . 248. 1 KATIES i\? TREATIES WITH SWEDEN. Page. T. P. Upsal, 1654, . . . 249. T. Westm: 1656, .... 250. T. C. Whiteh: 1661, . 252. T. C. Stockh: 1664-5, 268. T. C. Stockh: 1666, . 268. Page. T. C. Westm: 1674, . . 269. T. A. Hague, 1700, . . 269. T. A. Stockh: 1720, . 270. T. A. Stockh: 1766, . 270. TREATY of P. UPSALy i65i. The articles specified, are comprised in the Treaty of Whitehall, i66i» Page, 249. TREATY of WESTMINSTER, 1656. Subjecfts of England, to enjoy all their usual prerogatives, 250. SubjeiSs of Sweden allowed to fish in the British seas ; and dry their nets on the shores, 251. TREATY of C WHITEHALL, 1661. Perpetual peace and amity, 252. Each confederate to promote the advantage of the other, . 25 2. Enemies, or rebels, of one party, not to be protected by the other, 253. All impediments of commerce, to be removed, 253. Free passage and commerce with goods not contraband, . . 253. Persons xlii. |l ''! ■' \i Sweden. IC Y CONTENTS. The due customs to be always paid, and the laws and ordinances of both kingdoms, whether relating to merchandize, or to any other right, to be observed, Page, 254. Persons, ships, or goods, of either party, not to be arrested by the other, unless for the sake of justice, 254. Ships, forced into the ports of either confederate, by storms, pirates, enemies, or other urgent necessity, to enjoy all friendly protedlion, may refit, purchase provisions and repairs, and shall be permitted to depart without paying any duties or customs, 255. Mutual protection in case of wrecks, and other losses at sea, and all assistance shall be given, in consideration of a due reward, 255. Wrecks to be claimed within twelve months, 255. Arms, and vrarlike stores, may be exported from the dominions of either party, 256. Ships of war, of either party, to enter the ports of the other, on certain conditions, 256. Conditions specified, 256. Free passage and commerce, 257. The liberty of one party, to trade with the enemies of the other, not to be restrained, except in regard to contraband . goods, 258. Rebels, or enemies of either party, not to be assisted, . . 258. No merchandise to be carried to places besieged, 259. Ships of either party, trading with the enemies of the other, to carry passports and certificates, specifying the true names of the ships, the goods, and masters, without any fraud or collusion, and in case any person should have affirmed upon oath, and afterwards be convidled of any wilful fraud, he shall be severely punished, 259. Form f'^ 'I V. lanccs any ► 254. :ed by ''A 254. 1 terms. •iendly i'^ , and 't ies or • 255. 'M ses at ™ 1 of a :*5 . 255. . 255. ninions J . 256. ..:.;i other, '-:: ■% . 256. • 256. . 257. ■• -= of the ■it traband . 258. 1 . 258. J • 259. '% other. ''vi : names n raud or :d upon 1 ,ud, he • 259- f Form CONTENTS. xliii. Form of Passport, Piige> 260. ^^ "V All ships to pass free, producing passports and certificates, 264. ' In case ol acarch, the goods of enemies, and no other, are to be made prize, 264. Neither party to harbour the enemies of the other, or suffer them to sell their captures, 265. Subjeds of one party, brought prisoners into the ports of the other, to be immediately set at liberty, 265. This peace not to be interrupted by private injuries, . , . 266. C/ienders to be punished, and restitution made within twelve months, 266. Offenders, not appearing, to be declared enemies, and forfeit their possessions, 266. This Treaty not to derogate from former rights, 266. Freedom of navigation and commerce, to be mutually supported in all places, 267. Former Treaties, entered into by either party with foreign states, not to be impeached, 267. No future foreign treaty, derogatory of the present Treaty, to be made by either party, without permission, 267. TREATY of a STOCKHOLM, 1664-5, 268. TREATY of a STOCKHOLM, i666, 268. TREATY of C. WESTMINSTER, 1674, 269. TREATY of A. HAGUE, 1700, . . . 269. TREATY of A. STOCKHOLM^ 1720, 270. TREATY of A. STOCKHOLM, 1^66. Both powers, by good offices, to cement their friendship, 270. To enjoy the same rights, as the most favoured nations, . . 271. TREAT IHS xliv. CONTENTS. $ til .ill' , I f'lln' ''lll'li TREATIES WITH DENMARK. T. P. London, 1621, Page, 272. T. P. Westminster, 1654, 272. T. P. Whitehall, 1660-1, 273. T. C. Westminster, 1669, 273. T. C. Copenhagen, 1670, 274. Conv: Copenhagen, 1780, 290. TREATY 0/ P. LONDON, 1621. TREATY of P, WESTMINSTER, 1654. The Articles specified, are comprehended in the Treaty of Copenhagen, 1670, Page, 272. TREATY of P, WHITEHALL, 1660-1. Specification of the Articles, also comprised in the Treaty of 1670, 273. TREATY of a WESTMINSTER, 1669. The Articles of this Treaty, the same in substance, as those of the Treaty of 1670, 273. TREATY of a COPENHAGEN, 1670. Sincere and perfe(5t peace, 274. Neither CONTENTS. xlv. Neither party to aid the enemies of the other, with soldiers, r)^,,^.^,^/, arms, nor any military stores, P«ige, 275. — '. Freedom of trade, 275. Subjedls of either party, shall not be obliged to enter any port, to which they were not bound; and, being forced in, shall not be compelled to sell any part of their goods, 275. Freedom of trade with the enemies of each other, unless in contraband goods, and to ports besieged, 276. Lest goods belonging to the enemy, be fraudulently concealed, ships to be furnished with letters of passport and certifi- cate, 276. Form of passport, 277. Form of certificate, 280. Search may be made, when passports are not exhibited, . . 281. Persons, adVing contrary to this article, to be punished, and make satisfadion, 281. * British ships, passing by Gluckstadt, and other places upon the Elbe, to be free from all customs and search, ... 282. No ships, or goods, of either party, to be adjudged prize, but by due course of law, 282. The remains of a shipwreck, to be preserved, and restored to the owners, 282. Salvage to be proportioned to the service, 283. Ships, commanders of ships, mariners, and others, not to be arrested, unless for the preservation of the kingdom, or the sake of justice, 283: Ships of war of one party, to proted: the merchant^ships of the other, holding the same course, 283, Pirates to be apprehended, and punished; and their captures to be restored to the lawful owners, 284. Freedom of access, to the ports of each other, 284. Ships m (In silt I .>'■ xlvi. CONTENTS. Tx ~ 7" Ships of war, exceeding six, not to enter any port without ! permission, unless driven in by necessity, Page, 284. The commander to certify the cause of his coming, and not to stay longer than he is permitted, 285. The subje6ls of one ally, not to take commissions of war, from the enemy of the other, 285. Ships of either party, taken within the jurisdiction of the other, to be restored, 285. Subjeds of one ally, taken in the ships of the enemies of the other, to be set at liberty, 2S6. A ship, with prohibited goods, being taken, the bales are not to be opened, or sold, until the goods arc landed, and an inventory is made, 286. Ships of war, and others, of one party, not to injure the ships, or subjedts, of the other, 286. • Causes to be adjudged in the courts of Admiralty; or by com- missioners appointed by either King, 287. Sentences concerning prizes, to be given according to justice, 287. Sentences, if complained of, to be examined in council, . . 287. No goods to be sold, until the final sentence is given, unless by consent, or to prevent loss, 288. The English to enjoy the same privileges, as any other strangers, except the Swedes, 288. The Danes to enjoy the same privileges as the Hollanders, or any other nation, 288. Former Treaties, not repugnant to the present, confirmed, 288. ' ' CONVENTION of COPENHAGEN, 1780. " ^ The two powers engage, not to assist the enemies of each other, 290. Contraband goods specifed, 200. Goods not contraband, 291. TREAir '('$ \\ CONTENTS. xlvii. ; without •age, 284. and not . • . 285. var, from . . . 285. the other, . . . 285. es of the . . . 286. ;s are not j, and an . . . 286. the ships, . . . 286. ' by com- . . . 287. tice, 287. , . . 287. unless by . . . 288. strangers, . . . 288. ollanders, . . 288. led, 288. of each . . 290. . . 290. . . 291. TREAir TREATT WITH DANTZIC. TREATY 0/ a DANTZIC. 1706. Free Trade, Page, 292. Dantzic ships, with documents, to shew the property, and that they have no contraband, nor enemies goods; not to be stopped, 293. Satisfaction to be made, to injured party, 293. i TREATY WITH SAVOT, TREATY of C. FLORENCE. i66g. Peace confirmed, Page» 294. British subjects to import all kinds of merchandize, into the ports of Savoy, 294. British ships, coming from British ports, with certificates of health, not to perform quarantine, . 295. British mariners deserting, and entering on board other ships, to be returned to their captain, 295. Penalties of concealing British mariners, 296. Concerning the debts of mariners, 296. British ships of war, to be well received, supplied, and protected, in the ports of Savoy, 296. All the privileges of a free port, to be enjoyed by British sub- jedls ; also all immunities, which shall be granted to any other state, 297. TREATr ' '* Mir i mi*" xlviii. CONTENTS. TREATY WITH TURKT. ■j||i' IC' TREATY of C. ADRIANOPLE, 1675. Free trade for the English, and all under their protec- tion, Page, 299. Free ingress and egress for all English ships, 200. English ships, in distress, to be assisted and supplied, . . . 290. English ships, not to be molested, but to be saluted, and treated kindly, 299. Mutual friendship, nQo. English to enjoy all the privileges, granted by the Porte to any other Christian nation, 000, English, und all under their protedtion, may export from Turky, all merchandise, except fire-arms, gunpowder, and the like, 000. English to trade freely to Muscovy, through Russia, and from thence to Turky, , qoo. To trade also in Persia, and return freely through any part of the conquered country, goi. Free trade to Aleppo, Cairo, &c. paying the antient customs, 001. English ships, forced into Caffa, and such ports, to be pro- tected, goi. Goods and persons of the English, taken by the pirates of Tunis and Algiers, to be restored and set at liberty, qoi. Such pirates, continuing their robberies, to be punished, . 302. Free importation of all goods into Turky j and free exportation of all goods, not contraband, out of Turky, 002. Turkish ships of war, and those of Algiers, Tunis, &c. not to molest, or search, any English vessels at sea, 303. TREATIES v/„„. CONTENTS. jdix. r. • protec- 'age, 299. • • • 299. . . . 299. id treated • • • 299. • . . 300. te to any . • . 300. tn Turky, like, 300. and from . . . 300. tiy part of . 301. >ms, 301. be pro- • • 301- of Tunis • . 301, -d, . 302. cportation . • 302. :c. not to • • 303- TREATIES TREATIES WITH MOROCCO. T. P. Fez, 1721, Page, 304.. T. P. and C. Mequinez, 1727-8, 305. T. P. 1734, 306. T. P. Fez, 1750-1, 306. T. P. and C. Fez, 1760-1, . . . . , 307. T. C. 1783, 318- TREATY of P. FEZ, 1721. English to be well used and respeded, Page, 304. English allowed to sell their prizes, taken from any nation, in the Emperor's dominions, 304. English ships, to be protected on the Emperor's coasts, and to be under the diredion of the English consul, 305, TREATY of P. and C. MEQUINEZ, 1727-8. British subjeds, taken on board foreign ships, to be immediately set at liberty, and sent to Gibraltar, 305. Provisions for the British fleet, or Gibraltar, to be sold at the Emperor's ports, and shipped without paying customs, 305. TREATY of P. 1734. Subjects of either party, to be proteded by the other, . 306. r RE ATI" m4 i' I '''y W ,»Ei ;i 1. CONTENTS. Morocco, TREATY of P. FEZ, 1750-1. Peace and friendship, Page, 306. Treaty of 1721, confirmed, 307, TREATY of P. and C. FEZ, 1760-1. Perpetual and perfedt peace and friendship, 307. Free ingress and egress, 308. No duty to be paid, for implements of war, 308. Ships in distress, to be protected, 308. No person shall be taken out, of a British vessel, on any pre- tence, 309. Ships of war, or cruizers meeting with British vessels, to send a boat with two rowers, who may enter such vessels, and on inspeding passport, shall suffer them to pursue theirvoyage, 309. To sell prize ^oods in the dominions of the emperor, .... 310. Provisions may be purchased, 310. If British ships should be forced ashore, wrecked, or meet with any disaster, the ships and goods to be faithfully restored without the least diminution, and the people set at liberty, 310. No subjed of the emperor, to take the goods of a British subjedt without first paying the value thereof, and without having permission from the emperor, 311, British subjefts not to be compelled to sell or buy goods, . 311. In what manner, disputes are to be settled, 311, In case of a rupture, six months allowed British subjedts, to remove with their effeds and families, 312. If any subjedl break the peace, the aggressor to be punished, 312. The subjedts of the emperor to pay no greater duties than others, 312. To have the benefit of the English convoy, 313. No ■&■ I: m '///"■ -Hi It.:;;!" CONTENTS. It No Spaniard, or other person, at Gibraltar, shall be molested, tTT navigating under the English flag, with a passport from the * Governor, and shall be considered as English natural sub- jefts Page, 313. All British subjedls, also of Hanover, and elsewhere, being passengers in ships captured by the Emperor's cruizers, to be immediately set at liberty, 313. British subjects may buy provisions, in any part of the Emperor's dominions, 314. Regulation concerning passports, , 314. Subjeds of either party, to be proteded and sent home by the other, 315. Further regulation concerning passports, 315. Enemies ships, which may happen to be in any port of Fez or Morocco, shall not be permitted to offer violence to British ships, nor to sail under forty hours after the same shall have departed, 316. No British subjedt ever after, shall be bought, sold or made slave of, in any part of the Emperor's dominions, 316. Regulation to prevent the plea of ignorance, qi.6. Every Captain to have a copy of this treaty on board, . . 317. Governors of Gibraltar, and ships of war may buy flour or wheat, paying a fixed duty, but this privilege not granted to merchants, 317, TREATY of a 1783. Free trade to English merchants, 318. English subjedhk may recover their debts, but if they have claims upon such, as are unable to pay, their money is lost, . . 318. To deal therefore for ready money, or with persons of established credit, 318. TREATIES It 'fill iii. i*>•t^*^^ CONTENTS. TREATIES WITH ALGIERS. ii "< ;ii ill M <' Y rii T. p. and C. Algiers, 1698, Page, 319. ' T. P. 1700, 325' T. P. and C. Algiers, 1703, 327. T. P. and C. Algiers, 1716, 329. T. Algiers, 1729, 331. T. Algiers, 1751, 332. T. P. and C. Algiers, 1762, 333. TREATY of P. and C. ALGIERS, 1698. Peace renewed and confirmed, Page.-. 319. British subjedts to trade freely at Algiers, paying the usual customs, 320. No duty to be paid at Algiers for powder, iron, timber, &c. 320. Free passage and commerce for all ships of both nations, . 320^ Passengers on board the ships of either party to be free, . 320. All ships on both sides to pass freely, if they produce passes and certificates, 320. Algerines not to force any person out of an English ship, or use torture, on any pretext whatever, 321. Subjects of Great-Britain to be assisted, in case of ship- wreck, 321. Algerine ships not to be carried to Sallec, or elsewhere, to be used againft Great-Britain, 322. Algerine ships not to cruize near his Majesty's roads, &c. 322. English :4 ,#« CONTENTS. liii. Cngiish ships, men, or goods, brought into Algiers, not to be '^iZjZ^g sold there, Page, 322. ^ 1 English ships of war may sell their prizes at Algiers, and buy all necessaries there, without paying the customs, 322. Christian captives, escaping on board English ships of war, after proclamation of their arrival, not to be demanded, .... 322. British subjects not to be bought or sold at Algiers, 323. In case of war, the English consul and subjedts, to be permitted to remove with their families and effedts, . 323. Passengers, being subjedts of either party, not to be molested in their persons or goods, although on board the ships of enemies, . . , 323. English ships of war, anchoring before Algiers, to be saluted by a discharge of twenty-one cannon, and to return the salute with the same number, 324, Peace perpetual, 324. The misbehaviour of the subjedts of either party, not to interrupt the peace, 324. Offenders to be punished, 324. ^orm. of Pass, . ,.,....,,,....••••..•••• 325. .^ TREATY 'of P. 1700. V Peace renewed and confirmed according to the Treaty of 1682, 325. Algerine ships not to cruize in sight of the roads, or ports of the King of Great- Britain, 326» Goods on board a British ship, not having a pass, to be prize, 326. An Algerine officer to attend at the Mole, on the arrival of any British ship of war, 326* TREATY of P. and C. ALGIERS, 1703. - Peace renewed and confirmed, , , *,\ . ; .". '.'.".'/ 327. Prizes :n I '111 ifi'::p liv. CONTENTS. ^? • Prizes, and ships, fitted out in her Ivlajesty's American plan- "^ tations, not to be stopped for want of a pass, if they have proper certificates, Page, 328. TREATY 0/ P. and C. ALGIERS, 1716. Former Treaties of peace confirmed, 329. No injury to be done, on either side, for the future, 329. Minorca and Gibraltar, to be deemed part of the British domi- nions, and the inhabitants to be permitted to trade freely in the dominions of Algiers, 330. Ships of Algiers, not to cruize within sight of Minorca, or Gibraltar, ,...,.,.. 330. Passengers and goods of Algiers, on board an English ship, not to be delivered up to their enemies, 330. British ships, having passes, not to be molested, 33 1 , TREATY of ALGIERS, 1729. ' Former Treaties of peace confirmed, 331. No injury henceforth to be done by the subjects, on either side, 332. TREATY of ALGIERS, I'j St- Packets, or express boats, ' bearing his Britannick Majesty's commission, to be treated with the same respe TREATY of P, and C. ALGIERS, 1762. i V Inviolable peace and friendship, 333. Enemies ships, on the coast of Algiers, not within cannon-shot of the shore, may be captured, by British ships of war, 334, In what case, Mahometan vessels not to be molested, . . . 334. 1 TREATIES •\ I S I I Ii s , 4\ 14 '1 1 plan- ey have ge, 328. i . . 329. If . . 329- |H ,h domi- ^^^1 freely in m • • 330- 'W orca, or li^^l . • 330- V J^^^H ihip, not H . . 330- fl .. 33^- *^^^^^l . . . 331- 1 on either fl . • 332. ^'-^^^1 Majesty's 1 ships of J CONTENTS. Iv. fi . ■ /U TREATIES WITH TRIPOLI. T. P. and C. Tripoli, 1751, Page, 335. T. P. and C. Tripoli, 1762, 343. TREATY 0/ P. and C. TRIPOLI, 1751. Perpetual peace, Page, 335. Ships of either parly, to traffick where they please, and all persons and goods, on board such ships, to be free, . . 336. All ships, on both sides, to pass freely, if they produce proper passes, or if the major part of the crew consists of the subjedls of Great Britain, or Tripoli, 336. No person, on any pretence, to be forced out of an English ship, or tortured by the subjects of Tripoli, 337. Ships, wrecked on the coast of Tripoli, not to become prize^ or be plundered, but to be assisted, 337, No ships of Tripoli to be delivered to an enemy of Great-Britain, to a(St as corsairs, 338. British ships, men, or goods, taken by an enemy, not to be sold at Tripoli 338. In case of war, the English consul and subjects, to be permitted to remove with their families and effedts, 338. Subjects of either party, on board the ship of an enemy, to be free, 338. Christian Ivi. ir" .,'1 Tripoli. CONTENTS. Christian captives, escaping to English ships of war, after pro- clamation of their arrival, not to be demanded, , . Page, 339, When any British ship of war, carrying his Majesty's flag, comes to an anchor in the road of Tripoli, after notice thereof, such ship to be saluted from the castle and forts, with twenty seven cannon, and the same number to be returnei, . . 339. Inhabitants of Minorca and Gibraltar, to be regarded as British subje(fls, and to enjoy all privileges as such, 339. Their s'«r)S, wearing British colours, and furnished with Medi- terranean passes, to be permitted freely to trade in the domi- nions of Tripoli, 340. Ships of Tripoli, not to cruize in sight of Minorca and Gib- raltar, ... 340. British ships of war, may sell their prizes in the ports of Tripoli, and buy provisions there, free of customs, 340. British subjects to enjoy all privileges, granted to the most favoured nation, 340. No duty to be paid on the importation of warlike stores, or pro- visions, into the dominions of Tripoli, 341. Rules concerning passes, 341. No ship, under the protedtion of the British consul, to be detained, in a port of Tripoli, longer than eight days, on any pretence, 341. Gibraltar and Port Mahon, to be supplied with provisions, at the market price, 342. Packets, having commissions from his Britannick Majesty, to be treated with the same respedt as ships of war, 342. Articles of this Treaty to be inviolably observed, 342. TREATY of P. and C. TRIPOLI, 1762. -- ' The Peace of 175 1> ratified, 343. Reciprocal kindness and friendship, 343. TREATIES ' r*: ■ ^ - % A 1 I ter pro- ge» 339- y's flag, I thereof, h twenty . . 339- IS British ■ . • 339- th Medi- he domi- . . 340. mi Gib- . . . 340. f Tripoli, . . . 340. the most • . . 340- s, or pro- . 341. • 341- il, to be days, on ... 341. )ns, at the . 342. ajesty, to . . 342. . . 342. . . . 343- . • 343- TREATIES CONTENTS. Ivii. TREATIES WITH TUNIS. ' ' '1 ' ■■-■■■■ II » ■ ■=» T. P. and C. Tunis, 1751, Page, 344. T. P. and C. Tunis, 1762, 352. TREATY of P. and C TUNIS, 1751. Firm peace and free commerce, Page, 344, Duty to be paid, only on the goods sold , , , 3^^, Ships of Tunis, to be furnished with a certificate from the British Consul, 345* English ships, with their passengers, to go free, 34c. English ships, having men, or goods, on board, belonging to Tunis, to defend them, 3^r, Goods of the subjedts of Tunis, shipped on board English vessels, to be entered before the Consul, and certified by him, 346. Ships of either party, being wrecked, the men to be free, and the goods restored, ., 3^5. The English at Tunis, to have liberty to remove themsdves and families, 3^5, Persons offending, to be severely punished, 346. Differences; how to be decided, ^46. In regard to the payment of debts, 347. The inhabitants of Minorca and Gibraltar, to enjoy all privileges granted the British nation, 347. Ships of Tunis, not to cruize in sight of Gibraltar, or Mi- norca, , ^ij. Prizes, Iviii, . 1'" ■ Tunis. CONTENTS. Prizes, taken within ten miles thereof, to be restored. Page, 348. Liberty for ships of war, on both sides, to use each others ports for repairing, viy J Charles England and France, concluded at Troyes in Champagne, May 21, 1420. ' VI. 1420. T. TROVES. Corps Dip: Tom: II. Part II. P. 142. Rym: Fxd; Tom; IX. P. 895. Art: 25. Article XXVIII. T is concluded and agreed, that hcncefbnvard all dissentions, hatred, rancour, enmities, and wars, shall intirely cease between the Peace and kingdoms of England and France, and the jmity agreed people of those kingdoms; and that, from this time and for ever, peace, tranquillity, concord, mutual affe6tion, and firm friendship, shall subsist and flourish between the said kingdoms and their subje6ls: and the said kingdoms shall be assisting to each other in fi council. 1420. T. TROVES The subjcfts of each king- dom to have a mutual in- tercourse and free trade. FRANCE. council, and mutual aid, against any persons whatever, ^ho shall do, or attempt to do any violence, injury or amage, to either of the said kingdoms: and the subjefls of each kingdom shall have mutual intercourse and trade together, freely and securely, on condition, that they pay the usual duties and customs. This is thejirst perpetual Treaty made toith France, after the Conquest of that Kingdom by Henry the ^thof Eng- land. The more ancient Treaties with France may be seen in the Corps Dipl: and in Rymer's Faedera ; the earliest of which seems to be that between Henry the 2d ^England with the King of France, in 1174. Corps Dip: Tom: I. Part I. P. 92. Hen. VIII Treaty of Peace and Ccunmerce between England and France, concluded at Westminster, April 5, 1515. . Corps Dip: Tom: III. Part I. P. 204. After several temporary Treaties between the two Nations, Peace and Commerce were at length confirmed by this perpetual Treaty, Article XXL /jlS to what concerns the mutual commerce and inter- course of merchandises between the subjeds of both T. WEST- MINSTER. Commerce and inter- the"fm? of kingdoms, the said subjefts shall in all things esteem and the last peace treat onc another in the same manner, as they were obliged to do at the time of the last peace* Treaty Ti'fli TRANCE. Treaty of Peace bettveen England and France, ^^^^. concluded at the Camp between Ardres a?id ^^^^5' Guines, June 7 , 1546. III. Francis I. Corps Dip: Tom: III. Part II. P. 305. Article III. H AT all and singular the vassals and subje6ls of both the said princes, and of their heirs and successors, whether they are princes, archbishops, bishops, dukes, marquisses, earls, barons, or merchants, or of what state or condition so ever, shall, during the said peace, behave themselves in all places in the most kind and friendly manner, performing all mutual good offices towards each other; and may freely, safely and securely, without the hinderance of any one, and ^vithout any safe-condu6l or licence, travel in all places by land or by sea, or on fresh waters ; and sail and come into any of the ports, dominions, and distri6ls whatever of both the said princes, their heirs and successors ; provided they do not exceed the number of an hundred armed men together; and may abide there as long as they please, trade, buy and sell all goods, merchandises and jewels whatever, if not prohibited by the laws and ordinances of the said kingdoms respeftively ; and may freely depart from thence to their own countries, or elsewhere, at their pleasure, and as often as they please, with their own, or hired, or borrowed vessels, carriages, horses, armour, merchandise, baggage, goods and things whatever, with- out any impediment, molestation or arrest, by reason of B 2 any Peace nnd amity esta- blished. Free navi- gation to all ports, and commerce in all mer- chandise"!, not prolii- bitcd l)v the laws of ei- ther king- dom. I ■■•♦ ;;li 1516. FRANCE. any marque, countcrmarquc, or reprisals, or other distress whatever, as well upon land as upon sea, and in fresli waters; in the same manner as they lawfully might, by virtue of antient treaties and alliances. This last recited general article of commerce and free inter- course is inserted almost verbatim in the four umporary treaties of 1478, 1483, 1492, and 1514; also in the treaty of perpetual peace and comvierce concluded at Moore in 1525, and in the subsequent treaties of 1549-50, 1559, and 1564. ' ^' " See also Treaty of Commerce between England and France, concluded at Westminster, 2^th April, 1606. Corps Dip: Tom: V. Suppl: Part II. P. 631. Rym: Fid: Tom: XVI. P. 645. ^'i1 h' V '5' I Ua4 \i ii CflA. IX. 1572. T. BLOIS. Treaty of Alliance between England a7id France, concluded at Blois, April 29, 1572. ' Corps Dip: Tom: V. Part I. P. 211. '' " Article I. JN O articles or agreement contained in this present treaty, Ihall be deemed to intend or imply a departure from pre- trSerfnd ccdiug treaties or alliances formerly entered into by their majesties, or their predecessors, but they shall, nrcwith- standing, remain in their full force, virtue and vigour, so far as they are not contrary or repugnant to this present treaty, or any articles therein contained. Treaty alliances confirmed. ;i^'^^ FRANCE. Treaty of Alliance between England aiicl Franco, concluded at Greenwich, May 14, \59G, Corps Dip: Tom: \. Part I. P. 525. Fli7. HenryIV. T. (.KKEN- WICH. Article I. xVLL former alliances and treaties, which Fiave been in force till this present time, between the queen of England and king of France, and their kingdoms, shall be con- firmed, and remain in their former force and vigour; and it shall not be thought, that they are departed from in any point, but only fo far as this present treaty shall change or derogate from them. Former trea- ties contiim- eil. 1606. T. PARIS. Treaty of Cominerc^ between Great Britain and James t. ^ "^ ^ HenrvIV. France, concluded at Yaris,, May 26, 1606. Corps Dip: Tom: V. Part II. p. 6r. Article I. I'i '-■ T*is agreed, that the preceding treaties shall not in any way be thought to be departed from by any article or matter contained in this present treaty, but they fhall remain in their full strength, force and vigour, excepting S^rfon- only so far as any ^hing is derogated from them by this fi™"i- present treaty. . . . ... , .. . ' ' "■ '''■ ' ■ - Art: i6o6. T. PARIS. Commerce to be main- tained in it's present state FRANCE. Art: XIV. It is agreed, that the liberty of commerce shall be maintained in the state, in which it is at present on both sides, as well of goods manufaclured, as not manu- factured, according to the present and preceding treaties ; nor shall it be lawful on either side to make any prohi- bitions against trade, excepting ahvays contraband goods, the transportation of which has been in all times, and is to this day, prohibited and forbidden by the laws of both kingdoms. James I. Tveatv of AlUa/ice hetxvee/i Great Britain and LevvisXIII «/ «^ France, concluded at London, August 29, 1610. > - Corps Dip: Tom: V. Part IT. P. 149. 1610. T. LONDON. ,|i,;f»ir Preceding treaties con- firmed. Article I. XT is agreed, that by any of the compa6ls, conventions, articles or points, contained in this treaty of alliance and union, it is not meant in any sort to depart from the preceding treaties and alliances, made between the said kings or their predecessors, but that notwithstanding they shall remain in their full force and vigour, provided they are not contrary or repugnant to this present treaty of union, or any articles contained therein. Goods taken Art: XXXIII. That all the goods, which shall be taken to'bc brought by the captains, and other officers of the one or the other pu"mto's"tc piince, from pirates, shall be brought respcflively to some custody. pyj-j mmerce esent on t manu- treaties ; V prohi- l goods, ;, and is i of both in and ist 29, vcntions, ince ana Tom the '■fi the said 1 ing they 1 led they i rcaty of 1 1 be taken m the other ii'k to some port 1 i6io. T. LONDON FRANCE. port of the one or the other kingdom, and there put under good and safe custody of the admiral, vice-admiral, or other officers of the said ports; which officers fhall be bound to answer for the said goods in their own name. Art: XXXIV. That all the goods which shall be thus to"bcrestor- taken and recovered from pirates, whether they are in gold oJ.,'ers'^[jg. or silver money, or other merchandises appertaining to ingsubjeas the subjeds of either of the said kings, shall be rendered Jai ty. "^ and restored to the true owners and proprietors without any delay, they having first made legal proof of the pro- perty thereof. Treaty of Peace between Great Britain and France, co?icluded at Susa, Api^il 24, 1629. Corps Dip: Tom: V. Part II. P. 580. '"'•'■ Article L *^ ' 1 H E two kings shall agree to renew the ancient alliances between the two crowns, to preserve them inviolably, and to open a safe and free commerce; f ,- r Charles r LewisXIH 1629. T. SL'SA. Art: V. All the ancient alliances, as well of the one as of the other crown, shall remain in force, without any alteration made by the present treaty. ,, Ancient alli- ances to Ik: renc\ve(l,aii(! a free coir- niercc open- Ancient alli- ances to re- main in force The 8 1629- T. SUSA. FRANCE. * ' ■ ^ 1 • ■ ''»»-- ' * , ^ .: , ' The Declaration of the King of France, for the re-establish- ment of Comvicrce with England, being a sequel and part of the said Treaty of 1629. tiire 1 ' " ! -ft i 1 i ' ^i 1 . ''J V/'" f^i , i * :Mi./^ '■iMti,: < 1 /%, ', LEWIS, king of France and Navarre, to all, &c. Although by the publication which we have already ordered to be made through our kingdom and dominions, of the peace settled between us and the king of Great Britain, it is expressly signified, that trade and commerce shall for the future be safe and free, between our subje6ls and his, by sea and land, as it was before the last war, nevertheless we have thought it proper to dispatch our express letters of declaration ; and we do say and declare comi^rce "^"^ by thcsc prcscuts, signed with our own hand, that our will f(ir the 111- and intention is, that for the future there be a sure and free commerce and trade, both by sea and land, between our subje6ls and those of the king of Great Britain : We will, ordain, and it is our pleasure, that upon this account they may have all safe and free access to our ports, har- bours and towns, and may bring there all sorts of mer- chandises, sell, truck, and exchange the same, buy and transport other merchandises of our kingdoms, except such ; as are prohibited by our orders, all in the same manner as they did before the wars, notwithstanding any prohibition formerly made by us to the contrary, which we have removed and taken away, and do rcmo\'e and take away, in favour of the said treaty of peace. Treaty W■ '\^i ''.*%, ball be treaties ind do hat we points }y ; we le same promise ined the Navarre, ;reed to, »y virtue :e of the iny sort : ng takes when he T. WEST- MINSTER. FRANCE. 13 other, as they shall think fit, without any damage or injury. Art: IV. That commerce shall be intirely free between the repubhck of England and kingdom o{ France, and their people and subjeds, by land and by sea, and on the fresh ^.^^^ _^,^^j^^ waters, through all and sinerular the countries, dominions, ti-.n ;,:id coiiiiiicrcc territories, provinces, cities, towns, villages, and all other iu £«,r/f. places throughout Europe, where commerce and trade have been usually carried on ; so that without any letters of safe -conduct, or application for any general or special licence whatcxer, the people and subjects of the said two nations shall freely pass and repass, by land, sea, or on the fresh waters, to the said countries, kingdoms, and domi- nions, and to all the cities, harbours, shores, stations, and straits, and may enter all the places and harbours of either, with their ships laden or unladen, and with carriages, and beasts of draught or burden, ^vhich are usually employed in carrying merchandises ; and may there buy and sell what they please, paying only the market price in such places for such necessaries as they may want, either for their provision or their voyage ; and may likewise, as occasion shall require, rig their ships, and repair their carriages : and it shall be equally free for them to return to their own country, or to go to any other places at their F»ch party own discretion with their merchandise, goods, or any other usual cus- cffe6ts whatever, without molestation ; provided they pay po"^.(iiIlie3 the due customs and port-duties to the other party, and to^ii^-otUcr, a proper regard is likewise had to all the laws imd ordi^ nances of the country. , . - . - Art: i*^ <1 "^^ H ♦ I ■ ■' ili T. WhST- MINSTER. Sea-com- iii.uuleis of either party not to injure or damage tlic ships or mcirhan- tiiscs of the other, OH j);iiii of in i- kirig restitu- tion and suf- fering cor poral punii h- luciit. FRANCE. Art: XVI. Both parties shall striclly command the admirals and commanders of their fleets, and all other their sea captains whatever, either carrying their flags, or bearing commissions from them, or acling in the i service, not to seize, take, or in any manner to obstruft or damage the ships, vessels, goods, or merchandise of the people or subjeds of the other, but that they diligently observe this treaty and convention; and all contraveners shall make satisfa6lion to the party concerned, by suffering corporal punishment according to the nature of the offence, and by making reparation for the damage done by them, if they are able ; but, if they should not be able, then that con- federate, to whom the offenders belong, shall satisfy and repair the damage, within three months after knowledge thereof and satisfa6lion demanded ; and all ships of war, meeting any merchant-ships of either party, shall prote6l tlicm, while they keep the same course, against all, who shall offer them any violence. Art: XVII. If the commanders of any ships belonging to cither party, or to their people, shall take any prize at sea, they shall, within twenty four hours after their aJid papers ^oming iuto port, deliver all the books of accounts, papers, of a prize- cockcts, and bills of lading, which they shall have found dehyered to in such prizcs, to the judges of the admiralty, to the intent the adiiS ^ that any person interested may take copies of the same ; "Jt>'« and, where there shall be no judge of the admiralty, the said papers and books shall be delivered to the officers of such places, who shall send the same, sealed up, to the judges of the admiralty ; during \vhich, the mariners on board the prize-ships shall not be taken out, nor any part of the cargo touched, nor any of the goods set on shore, unless in 11 , '■^IHi FRANCE. «5 md the lU other flags, or service, damage eople or ^rve this ill make corporal , and by , if they that con- .tisfy and lowledge i of war, [1 protect all, who )elonging prize at :er their papers, e found Ihe intent e same ; |alty, the [icers of to the mers on [any part in shore, unless J? ■I unless by the authority of the court of admiralty -, and a ^Q-r. schedule shall be made of all the goods in the presence of t. w'fst- those, whom it concerns, who shall also have a copy of the "'^^'^^"' said schedule from the judge. Art: XVIII. That the commanders and captains of any , . , • , 1 11 1 • 1 11 1 No yfliccror ships which shall take any prize at sea, shall not take out n, ,i ii.i.r at a of her the captain, master, or any mate or mariner, unless (^ '^rlJi'i'olit for the purpose of examining them; and in that case thoy <'J j'^^'jj.,.''J|J shall not take out above two or three, who shall be carried be t.xannucd, within the space of twenty four hours before the judge of the admiralty ; or, if there is no such judge in the place, before the mag ir0*^e or officers of the place, who shall examine them; and, such examination being finished within the same space of time, the said judge or magistrate shall dismiss them freely, every one to their own business : all contraveners hereto shall sufler corporal punishment. Art: XIX. That neither of the confederates shall pir^tcsnotto 1)0 harbour- ed, but pur- sucti and pu- nishcil. receive any pirates or robbers into any of their ports, havens, cities or towns ; nor shall they permit them to be received by their people or inhabitants^ or to be harboured, assisted, or supplied; but shall use their endeavours, that such pirates and robbers, and their piratical accomplices, partners and assistants, shall be pursued, apprehended, and mSandisc, duly punished, for a terror to others; and that all ships, E^'JlI^tc goods and merchandise, piratically taken by any such, and lestored. brought into the ports of either confederate, (or as much as can be found thereof,) although they have been already sold to others, shall be restored to the right owners, or satisfaftion made for the same to the owners, or to those, who shall lay claim to the same by \'irtue of letters of attorney ; i$ i/l:l ■ ;;,ii;; ■1 / '■ r ;^^ il 1655- T. V\ tM- MINSTPR. FRANCE.. attorney ; provided the right of the owners shall appear from duo proofs according to law in the court of admi- ralty : and whatever goods shall be recovered, shall be carried into the ports of either confederate, and be de- livered to the custody of the ofhcers of the port, who shall be responsible for the same, if the said goods are not re- stored without delay to the owners, after proof first made of the true property thereof before the judges of those places, where the goods taken by the pirates were first shipped ; nevertheless all persons accused shall be allowed to try their right by law, and to make dicir defence. Free com- merce for the subjft'ls of one pirty vitli all na- tions in fiicndsliip, tlio\igli such nations may Ik at war \vith the other : except to places be- sieged, and in rontrab;ind ^oods. i* 1 Art: XXII. That the people and inhabitants of the republick of England may freely and securely sail and traffick in all the kingdoms, dominions and territories, which cultivate peace, friendship, or neutrality with them ; nor shall they be in any manner molested by the ships or subjects of France, although there should be enmity and hostility between France and the said kingdoms, dominions and territories, or any of them. And the same shall like- wise be observed on the part of the said republick of England toward the subjects and inhabitants of France, provided, that such trade be not carried to any port or town, which is besieged by either of the confederates; and that neither party, nor the people or subjecls of either, shall import any prohibited and contraband goods to those kingdoms, dominions, or territories, which are at enmity or war with the other. Art: XXVI. For the better promoting of commerce on both sides, it is agreed, that, if a war should break out between the said two nations of England and France, six months, ^i 4 I appear 3f admi- m shall be ^m 1 be dc- dfl vho shall '^M 2 not re- 1^1 rst made ^H oi" those i| ,'ere first 'V^^H • allowed 9 c. ts of the ^^9^^K sail and ^^^h^^^B crritories, '19 ith them ; V ships or mity and lominions 1 1 hall like- a Liblick of 1 f France, 1 7 port or ates; and 1 of either. 1 > to those 1 at enmity ■ mcrce on ^S[^^H )reak out 1 ran re, six ^9 months. 9 FRANCE. months, after the proclamation of war, shall be allowed to the merchants, in the cities and towns where they live, for selling and transporting their goods and merchandise ; and if any thing is taken from them, or any injury is done them, within that term by either party, or the people or subjeds of cither, full satisfaftion shall be given them. '7 165 Treaty lyf Peace betvjee?i Great Britain and I}' T. WEST- MINSTER. Six monthg allowed to the subjefts on both bidet for selling and trans- porting their effci'ts incase of a war. Char. II. Lew.XIV. France, concluded at Bredali, Jxdy 2.1, ^^gg^^ 1G67. T.BRF.DAH. Ai Corps Dip: Tom: VII. Part I. P. 40. Pap: OfF: B. 17. Treat: 1732. Vol: I. P. 127. Treat: 1785. Vol: L P. 186. Article II. lLL enmities, hostilities, discords and wars, shall cease and be for ever abolished between the two kings ; so that they shall for the future forbear to pillage or injure each Hostilities to other; nor shall they molest or incommode one another ceasefore^er VI 1 11 • . bv sea and m any manner, either by sea or land, or on rivers, in any lind. part of the world, especially within the extent and limits of their own kingdoms, lands, dominions, or places what- ever. Art: XVIII. If it should come to pass (which God forbid) that misunderstandings and enmities should again arise between the two kings, so as to proceed to open war, the ships, goods, and other moveables, of either of D tlie tS 1667. T.BREDAH. Six months nllowi-cl to the siibjci^s oil both sides to withdraw their cfTcifts ill case of a war. FRANCE. tlic parties, which shall happen to be in any of the ports and places belonging to the adverse party, shall not be con- liscatcd or damnihcd; but the term of six whole months shall be allowed to the subjefts of both the said kings, during which they shall be permitted, without let or molestation, to carry away and withdraw all their goods and efl'eds whithersoever they please. I I. '•' f hi" i\^ !• ,' «■ Cha.ii. Treaty of Commerce between Great Britain and Lew.XIV. "^ *^ 1676-7. France, concluded at St. Germain en Lavej^ T Q f ' P II • February 24, 1676-7. MAIN EN l.AYE. ho,.,,;. Corps Dip: Tom; VII. Part I. P. 327.. Treat: 1732. Vol: I. P. 170, Treat: 1785. Vol: I. P. 2og. Preamble. .. * A.S the kings of Great Britain and France have no greater Freedom and dcsirc than to rcucw and strengthen the friendship, which *iommlxcL is between the said kings, and the faithful and sincere union and correspondence, which subsist between their kingdoms and subjefts; their majesties beheved, that nothing could more contribute thereunto, than a new treaty for the freedom and security of commerce ; and they have for this end named plenipotentiaries, who have agreed upon the following articles. Art: I. All the subjefts of the most Chn^'ian king may sail, trade, and use all kind of traffick with full freedom and pi: ^D FRANCE. and srcurity in all the kingdoms, countries and territories, which now are or hereafter shall be at peace -n neutrality with the said most Christum king, without being hindered or molested by the ships of war, or any other ship, belong- ing to the king of Great Britain or his subje6b, upon the account or under pretence of any war or hostility, now subsisting, or which may hereafter subsist between the said king of Great Britain, and any other princes or states, which now are or hereafter may be at peace and neutrality with the said most Christian king: and reciprocally all the subje6ls of the king of Great Britain may navigate, nego- tiate, and carry on all manner of traffick, with full freedom and security, in all the kingdoms, countries, and states, which now are or hereafter shall be at peace and neutrality with the said king, without being disturbed or molested by any ships of war or other ships whatever, appertaining to the most Christian king or his subje6ls, upon account or under pretence of any war and hostility now subsisting, or which hereafter may subsist between the most Christian king, and any other princes or states, which now are or hereafter may be at peace or neutrality with the said king of Great Britain. "- > ' j • , : •• ■ Art: II. Trade may be carried on during a war with all the same merchandises as in time of peace ; but with an gomirei" exception of all contraband goods, as explained in the "P^"''' following article. • . 1676-7. T. S, GIR- MAIN EN L A Y ¥ . That tlic siihjci'ts of Frnncf m;iy enjoy free navigation •'ntl coiD- i.crcc with all nations in amity with tlicm,though snch nationir may be at war witl\ England. The same for the sub- jects of G/M/ Britiu'n. Art: III. Goods prohibited and contraband are cannon and their furniture, fire-arms, powder, match, bullets, Contraband pikes, swords, lances, halberts, partizans, bombs, mortars, ZT '^'"* petards, granadoes, musket-stocks, bandeliers, saltpetre, D 2 ball. it' 20 FRANCE. . 1. /* ' t to be- itraband ly other aths and 3r silver al, corn, :s,. salted er, beer,, ig to the mp, flax, Dgs, and serve for aid com- i general, rticle, in king may place tO' r port to of Great- 1 enemy, t or place, ihcr like- s or other st-ite, or v'liich the cts of the port the said said merchandises not only from one neutral place to ano-"~~777~ thci ac'utral place, or from a neutral place or port to any r. s. ti/K- othcr belonging to an enemy of the most Christian king; "'^'^ *^^ oi- lastly, from a place, belonging to an enemy, to any ■ other neutral place, but also from a port or other place, belonging to the enemy of the said king, to another like- wise appertaining to his enemy, whether these ports or places are under tlic obedience of one prince or state, or of several princes or states, with one or all of which the said most Christian king shall be at war: nevertheless sucli things must not be carried at all to towns or places be- sieged, blocked up, or invested. Art: V. In order to terminate all differences, which may arise, either by sea or land, it has been agreed, that the siiips of ci- ships or other vessels, belonging to the subjeds of the most producing' Christian king, which shall enter into the havens or ports J^.li'^i.'Jbrm of the king of Great Britain, and would proceed elsewhere •^'*; »ot t*^ i'"- from thence, shall not be detained any longer than to produce and exhibit their passports or sea-briefs, (the form of which is annexed to this treaty,} to the officers of the said king, or to the commanders of any ships of war be- longing to the king of Great Britain or any privateers, if any such there should be in the said ports or havens, so as the said commanders shall not exa6l or demand any money or other thing whatever on that account. If any ships or other vessels appertaining to the subjeds of the mosC Christian king are met with on the open sea, or in such places as are not under the dominion of the king of Great Britain, by the ships of war of the said king, or others fitted out by his subjcfts, the said ships, keeping at a rea- sonable distance off, may send their boats on board sucli sliips (letuiaed. I 22 FRANCE. "~7~7 ships or vessels of the subje6ls of the most Christian king, T. s. GtR- and put two or three men only on board, to the end, that MAIN Es jj^^ master or owner may exhibit to them his passpo't, after which they shall freely pass, without being any way mo- lested, searched, stopped, or forced to alter their course. The subje6ls of the king of Great Britain shall enjoy tlie same freedom and immunities, upon producing their passports, according to the form before mentioned. I 'f Art: VI. If any vessel or bark, belonging to the subjcds of the most Christian king, and passing to a country at enmity with the king of Great Britain, is met in her passage by a ship of war ; in like manner, if a ship, appertaining to the English or other subjefts of the king of Great Britain, is met going toward a port belonging to an enemy of the most Christian king, it shall not be sufficient to exhibit her passports, but certificates must also be produced in due and authentick form from the officers and searchers of the customs, of such vessel or ship going out of the port, which she came from, and containing an account of all her cargo, to the end, that it may be known, whether there any contraband goods on board, and such as arc particularized in the third article of this treaty. Art: VII. If by producing the said certificates it is found, that there are contraband goods on board a ship, consigned for an enemy's port, yet it shall not be allowable to go under the deck of such ship, nor to ojicn or break any chests, bales, casks, or tuns, nor take the least thing SrnoTto ^^^ ^^ ^^^' ^'^^ ^^"^^ ^^ brought into port, where a just in- be sold, nil ventorv shall be taken in the presence of the custom liouse «cnteiicc lias "' * passed. olhcers: Ships of one party, going to plac'js at enmity with the other, to shew ciTtifi- catcs as well a.-, passpmts. Specifying tlic contents of his cargo, thai it may bi; known, whether tluTC be any contraband goods on board. 23 I king, d, that :, after ly mo- Durse. enjoy g their ,ubjc6ls ntiy at passage rtaining f Great enemy :ient to oduced archers of the ount of vhethcr as arc It IS ship, ovvablc break t thing ust in- Bi liouse lliccrs : 1676-7. T. S. GtR- MAIN EM LAYi:. Lnwfiil mer- chniuli-e not to he coii- di'iiiiK-d on account o£ unlawlu!. The ihip to L'o tVfo on itcliveiy of thfcontia- banti ijooils. FRANCE. oflficers : and no one thing shall be sold or bartered, till after a fair trial before the judge of the admiralty court, and till a sentence is passed for the confiscation of such goods ; in which confiscation nevertheless the hulk of the vessel and the lawful merchandise on board her shall not be comprized, nor may such lawful merchandise be detained, and much less be declared good prize, on account of the said contraband goods. If the vessel is laden but in part with contraband goods, and the master tliercof offers to put them into the captor's hands, the captor shall not then oblige him to go into any port, but shall sulfcr him to continue his voyage. Art: VIII. Merchaudi'-es appertaining to the subjc6ls of the most Christian king, which shall be found on board di c^ found ships belonging to the enemies of the king of^ Great Britain, ofa.micmy,. shall be liable to forfeiture, though they are not contraband ; J^Jj ||j ^^^^^J^' and, on the contrary, the goods of the enemies of the king of Great Britain shall not be taken or con^scated, if they are found on board any ships appertaining to the subjefts of the most Christian king, although the said goods make up the best part of the whole lading of such ships; but still with cm exception of all contraband, which, when taken, shall be disposed of in the manner directed by the preceding articles. In like manner, all merchandises, be- longing to the subjefts of the king of Great Britain, which '^^'^p'^J are found on board any ships belonging to the enemies of the most Christian king, shall be liable to confiscation, though they are not contraband; and, on the contrary, any merchandises of the enemies of the said most Christian king shall not be taken or confiscated, if they are found un board any ships, appertaining to the subjects of the king tlity arc not contn.band.- Frec ships niake free goods, con- traband cx» '"Ik « B4 i 'i ' !: f I '/ 1 ii y :. V : ! B, 'n"' ' : ^^' \ i;,^^ |g> H 1676-7. T. S. GER- MAIN EN LAVE. Times and distances set- tlcii, within whidi no F.'igliih or Firm/i gonds hulcn in nn enemy's siiip slinll l)c con- ILcate^l. Contraband goocl^, tho' not liable to fonfi.scatioiii are not to be carried into an tiiemv's port. FRANCE, king o{^ Great Brrtn'}}. 'hoiigh the said merchandises make up the best pait oi tlu whole of the lading of the said ships; but still with an exception to contraband goods, which, when taken, shall be disposed of in manner as in the preceding articles mentioned. And in order to pre- vent any future war from proving injurious or prejudicial to the subjetls of eii'if.r party, which shall continue in peace, it is agreed, that the ships of any new enemy, laden with effefts and merchandises belonging to the subjefts of the other party, which shall be at peace, shall not make such merchandises liable to confiscation, if the ships have been laden therewith before the end of the term hereafter specified, which term shall be six weeks after the decla- ration of the war, between the Soundings and the Naz in Norway ; two months between the Soundings and Tangier ; two months and an half in the Medittrranean ; and eight months in all othci parts of the world; so that the etfefts of the subjects of the most Christian king, taken in the vessels of any new enemy of the king of Great Britain^ may not be confiscated upon that account; but :>hall forth- with be restored to the owners, unless such effecls have been put on board the said ships, after the expiration of the respcclive terms abo\'ementioned ; however contraband goods, which likewise in such case are not liable to confis- cation for the reasons aforesaid, must not be carried into an enemy's port. And reciprocally the eflefts of the subje6is of the king of Great Britain, taken on board the ships of any new enemies of the most Christian king, shall not be confiscated upon that account, but shall forthv/ith be restored to the owners, unless tley have been put on board after tJie end of the rcspecli\'e terms befoie specified; nevertheless cs make the said I goods, ler as in to pre- ejudicial tinue in y, laden bjefts of ot make ips have lereafter le decla- : Naz in Tangier ; nd eight le effe6ls 1 in the Britain^ ill forth- cls have ration of itraband confis- 1 into an subje6is ships of 1 not be v/ith be put on :>eciiied; crtiicless I FRANCE, ne^'crthclcs'! co^'^traband g(X'Js, '.v'hch L,h dl not be liable ( J confiscation for the aforesaid r: ''soas. inust not be con- veyed into an enemy's port. Art: IX. And, that the s» )e(h of both nations may be under no apprehensions frc n flups of war, iheir ma- jesties shall give most stricl orders and injundions to all captains of ships, and all privateers, that they do no injury or damage to the merchant-ships, under pain of the most severe punishment, and of being also obliged to make full restitution and reparation of all damage to those, whom they shall have wronged. Art: XIV. Whereas it sometimes happens, tli iL the ships, which take prizes in time of war, treat the masters, pilots, and passengers of the vessels taken very inhumanly, in order to extort from »!iem such confession and declara- tion, as they desire, it is agreed, that their majesties shall prohibit such treatment under the most sex'cre prisalucs, and shall cause ail such, who shall be convicled thereoi, to be punished according to the.' demerit, and in such a manner as may deter others from doing the like : and all captains and olhcers, ^ lio sIi-tII be found guilty of such barbarities and violen.' loin?^.;, whether committed by themselves, or by ther . iiused or suflFered to be committed, shall forthwith be caslhcred : and they shall also be pro- ceeded against according tr- he heinousness of the crime: and everv vessel taken, of which the mariners and paj^sen- gers shall have been Ul used,, shall be released and set at liberty with her cargo, without any further cxa•'■lina^ion or proceeding, judicially or otherwise, (f5" "7 <• y'.;7// '//" the Passport to he (■htaintd on ti.e onth jf the v.aslcr ar owner is subjoined to the treaty. Corps Dip: Tom: VII. Part I. P. 2-9' 25 1676-7. T. S. GIR- MAIN EN LAYH. The ships ot' war, and pri- vateers ofci- thci' nntioii, not to ill jure thomonliaiit aiiipi of the otiicr. ! oiturcpro- T Iiil)itt:d un- der the mojt scvcri; pciial- t'i.1. E American 26 James II. Lew.XIV. 1686. T. LONDON, FRANCE. American Treaty of Peace, good Correspon- dence, and N^eutrality, between the Crown of Great Britain and France, co7icluded at London, November 16, 1686. Corps Dip: Tom: VII. Part II. P. 141. Pap: Off. B. 25. Treat: 1732. Vol: I. P. 246. Treat: 1785. Vol: I. P. 261. Peace and amity in all parts of. ^/w- yica. Article I. A HAT, from the day of this present treaty, there shall be, between the French nation and the English nation, a firm peace, union, agreement, and good correspondence, as well upon sea as upon land, both in the Northern and Southern America, and in the islands, colonies, forts, and towns (without exception of places) belonging to the dominions of his Britannick majesty, and of his most Christian majesty, and under the jurisdiftion of the gover- nors of their said majesties respeftively. Art: II. That no ships or vessels, great or small, be- ships not to longing to the subjefts of his most Christian majesty, shall be fitted out be fitted out or employed in the said islands, colonies, in the doini- / i i • 1 • nionsofei- fortresscs, towns and governments, belongmg to his most fo^attackThc Christian majesty, to attack the subje6ls of his Britannick other. majesty in the islands, colonies, fortreffes, towns and governments, belonging to his said Britannick majesty, or to do them any injury or damage : and in like manner, no ships or vessels, great or small, belonging to the subjeds of his FRANCE. 27 his Britannick miiiesty, shall be fitted out or employed in j^^^g^ the said islands, colonics, fortresses, towns and govern- r. London. ments of his said majesty, to attack the subjeds of his "" most Chtisfian majesty in the islands, colonies, fortresses, towns and governments of his said majesty, or to do them any injury or damage. Art: III. That no soldiers, armed men, or any others whatever, inhabitinj; and livinqj in the said English islands, , . , . . . ° , '^ , "^ Solihcrs niul colonies, forts, cities and governments, or who may come Mii)jects ot out oi Europe to be in garrison there, shall commit any acl of t',"'i,fi'J[,'e """^ iiostilitv, or do anv injury or damacje, diredly or indirecllv ti«>seof the ' . .' . ■^ , . ^, ? ' . , . , / (itlicr; or to the most Chnstian king's subjects in the sma French islands, asM,t the/«- colonies, forts, cities, and go\'ernments ; neither shall tliev th^",^,.''^^"" gi\'e any assistance, or supplies of men or viduals, to the barbarous or wild Indians, with whom the most Ckrisiian king shall hereafter be at war. In like manner no soldiers, armed men, or any others whatever, inhabiting or living in the said French islands, colonies, forts, cities, and governments, or \vlio come out of Europe to be in garrison there, shall commit any ad of hostility, or do any injury or damage, directly or indircdly to the king of Great Britain's subje6Ls in the said English islands, colonies, Ibrts, cities, and governments ; neither shall they give any assistance or supplies of men or viduals to the barbarous wild Indians, with whom the king of Great Britain shall be at war. Art: V. And therefore the subjecls, inhabitants, "ler- g,,},- ^r^g^^f chants, commanders of sliips, masters and mariners, of the c'ti>'^^' i^i'iR kingdoms, provinces and dominions of each king respec- ortMimthe lively, shall abstain and forbear to trade and fish in all tToTihe the places possessed, or which shall be possessed, by one ^"astsoithc E other. or 1 K ^8 ,i ''i^ 1686. T. LONDON. Ships found so tiadint; or fishing are to bi' confisca- ted with their lading. The party af;gricvf(i may apply to the pri\ y coinici!. Libi'rty of navigation not to hcdis- tvnbcd. AH ships and s'.ibjcfts of tither power being foiced by necessity into the |)orts o\ the (uiur, are to be well received and ^upplied. FRANCE. or the other party in America, viz. the king of Great Britain's siibjeds shall not carry on their commerce and trade, nor fish in the havens, bays, creeks, roads, coasts or places, which the most Christian king holds, or shall hereafter hold in America: and, in like manner, the most Christian king's subje6is shall not carry on their commerce and trade, nor fish in the havens, bays, creeks, roads, coasts or places, which the king of Great Britain possesses, or shall here- after possess in America ; and, if any ship or vessel shall be found trading or fishing, contrary to the tenor of this treaty, and proof thereof hath been legally made, the said ship or vessel, with it's lading, shall be confiscated ; never- theless the party, who shall find himself aggrieved by such sentence of confiscation, shall have liberty to apply to the privy council of that king, by whose governors or judges sentence was pronounced against him, without stopping the execution of the sentence upon that account; but it is always to be understood, that the liberty of navigation ought in no manner to be disturbed, where nothing is done contrary to the genuine sense of this treaty. Art: VI. That 'n case the subje6ls and inhabitants of either of the kings, with their shipping, (whether publick and of war, or private and of merchants) are forced through stress of weather, pursuit of pirates, or enemies, or any other urgent necessity, for safety to retreat and enter into any ol' the rivers, creeks, bays, havens, roads, ports, or shores, belonging to the other party in America, they shall be received and treated there with all humanity and kindness, and enjoy all friendly protection and help ; and they shall be permitted to refresh and provide them- sehcs at reasonable and usual rates with victuals, and all tilings •"W/r ^ Britain^s ade, nor r places, lereafter 'Christian id tiade, »r places, ill here- sel shall r of this the said ; nevcr- by such ly to the ►r judges stopping but it is ivigation r is done m FRANCE. things needful for the sustenance of their persons, or the reparation of their ships, that they may bt- enabled to continue their voyage ; and they shall no way be detained or hindered from returning out of the said p(3rts or roads, but may remove and depart, when and whitlier they please, without any Ictt or hinderance; and ihey sliall not be obliged to unload their cargo, or to carry out and expose to sale any of their goods or merchandises; and likewise, on their part, they shall not take in any merchandises on board their vessels, nor employ themselves in fishing, under the penalty of the confiscation of then- ships and goods, as in the foregoing article is expressed; and it is faitlier a-^reed, that, whenever the subjects of either king shall be forced to enter with their ships into the ports of the other, thry shall be obliged at their coming in to hang out tiie Hag or colours of their nation, and to give notice of their arrival by three discharges of a musket ; in default of whicli, and of sending their boat on shore, they shall be liable to con- Tiscation. 2.9 1686. T. I.OMHlV. Shall not be ol)lii;i'ii to iinloLul niul f\[X)sc their DKichaiuibe tij sale. Shill not taki- in any niLTi.Ii:Muli-,e or employ theiiiHlvoin hbhiiig. Must hanj^ out the I", loin >of thii' nation, anj j',i\c.- notice <|| ilieir ai- lival. )itants of publick forced enemies, reat and s, roads, America, umanity id help ; ie them- and all things Art: VII. If any ships, belonging to either of the kings, their people, or subjeds, shall, within the coasts or do- miniors of the other, be cast on shore, or be wrecked, ships strami- (wliich God forbid) or sulfer any other damage, all friendly orindangui assistance and relief shall be given to the persons ship- ''|^'j_'?.'^'^ wrecked, or sucli as shall be in danger thereof, and letters of safe-conduct shall likewise be gi\'en to them, that they may return to their own country and safety, and without molestation. Art: VIII. When it shall happen, that the ships of cither party (as abovcmcnrioncd) being driven through danger f lt< Ul ' ! 30 i685. i . LONDON. Three or four ship-., lorccil into :i port ti)j;c- tlitT, not to st.ty l()iij;cr tliiic tlnii Tljcwllil lu- ll iliitaiits, or ijooili taken nv tht-m, not to l)v' har- boured. FRANCE. danger of the sea, or other urgent cause, into the ports of the other, and being three or lour together, may give just ground of suspicion, the commander shall immediately upon their arri\'al acquaint tlie governor or chief magistrate of the place with the cause of their coming, and shall stay no longer a time than the said governor or chief magistrate will allow, and shall be icquisite for supplying themselves with provisions, and repairing their ships. Art: X. The subjects of either nation shall not harbour the barbarous or wild inhabitants, or the slaves or goods, which the said inhabitants shall have taken from the sub- jects of the other nation, neither shall any assistance or protedion be given them in their said depredations. Art: XI. The governors, officers, and subjeds of either ty to molest king, sliall not in any way molest or disturb the subjeCIs of th- other, ^j^^ other iu settling their respcdivc colonies, or in their commerce and navigation. Art: XII. And the more to assure the subjccls of the king of Great Britain, and of the most Christian king, that shipsofwar, ^q jniury shall be offered them by the ships of war or oi- privateers , • . • 1 11 • on either side privateers on either side, all the captains of the ships of jiityordi'-" war of his majesty of Grcitt Britain, as also of the most niajje. Christian king, and all their subjeds, who fit out priva- teers, and likewise their privileged companies, shall be cnjoyned not to do any injury or damage whatever to the subjcds of the other nation; and, if they do, they shall be pii'iished, and be moreover compelled to satisfy all costs and damages, as well by seizure of their goods, as by the imprisonment of their persons. Art: XIV. The party injurinj^ to be puni-lied, and oblig'ci to make re stitution. Sa; tVW' FRANCE. 3» lorts of ve just y upon rate of itay no gist rate nselves larbour goods, he sub- uice or >f either jjeds of in their 1 s of the that war or ,hips of ic most priva- lall be to the y shall isfy all , as by Art: XIV. And, whereas several pirates, roving up and j^gg. down in the American seas, as well Northern as Southern, tjonu-.n. do much damage to trade, and molest the subje6ls of both crowns in their navigation and commerce in those parts, it is agreed, that strict orders shall be given to the governors rir.ues not , rm «■ 1 1 1 ■ II to be assisteil and officers ot both kmgs, that they give no assistance or „r protected. protcrtion to any pirates, of whatever nation they are, nor suffer them to have any retreat in the ports or roads of their respetlive governments, and the said governors and officers shall also be expressly commanded to punish, as pirates, all such, who shall fit out any ship or ships, without lawful commission and authority. Art: XV. No subje61s of cuher king shall apply for or take any commission or letters of mart for arming any ship or ships to a6l as privateers in America, whether Norlkern or Southern, from any prince or state, with which the other shall be at war; and, if any person shall take sucli com- mission or letters oi mart, he shall be punished as a pirate. Art: XVI. The most Christian king's subjc6ls shall have liberty to fish for turtles in the islands of Cayman. Art: XVII. If any differences or disputes should arise between the subjefts of either king in the said islands, ':olonies, forts, cities and governments, under the domi- nion of either resptftively, whether at sea or land, this peace and good correspondence shall not thereby be in- terrupted or infringed; but the said differences, which may happen between the subjeds of the said kings, shall be adjudged and determined by the governors of each jurisdidion rcspedively, where they shall have arisen, or by ThcsvilijcM* of either king, t.ikinjj conimi sions ;is privateers Iroin any power at war with cither party, shall be punished as pirates. T\irtlc fish- ery. All diftl-rcn- tes lictwccn the siibjcctb of either king to be decided, where they have arisen : but if not determined within a year, tiie proceed- ings must be tiansiiiitted to the one or 01 hero< their maj 3 ties. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 mm m 14.0 I 2.0 U 111.6 ^^ ^ ^j>- ^^ ^5 -^^ Photographic Sciences Corporation 23 WEST MAIN STRUT WEBSTER, N.Y. MSSO (716) 872-4S03 '^V^ ^ ^^ ^<^ >* 39 FRANCE. :'■ -1 'I H'U:' In case of war in Eu- rope between the parties, no hostilities shall be com- mitted be- tween their subjefts re- siding ill America. gng by them, whom they shall depute: and, if the said dif- T. LONDON, ferences cannot within the space of one year be deter- mined by the said governors, they shall transmit the pro- ceedings with the first opportunity to the one or the other of the said kings, that such differences may be determined . according to justice, in the manner, which shall be agreed upon between their majesties, iv, ,?;■ iM i ^ ^ Art: XVIII. If any breach should happen (which God forbid) between the said crowns in Europe, no a61; of hos- tility, either by sea or land, shall however be done by any of the king of Great Britain's garrisons, soldiers or subjefts whatever, of the islands, colonies, forts, cities and govern- ments, which now are, or shall hereafter be, under the English dominion in America, against the most Christian king's subjects inhabiting or residing in any of the American colonies: in like manner and reciprocally in the case aforesaid of a breach in Europe, no aft of hostility, either by sea or land, shall be committed by any of the most Christian king's garrisons, soldiers, or subje6ls whatever, of the islands, colonies, forts, cities and governments, which now are, or hereafter shall be, under the French dominion in America, against the king of Great Britain's subjefts inhabiting or residing in any of the American colonies; bui a true and firm peace and neutrality shall continue in America between the said British and French nations, in the same manner as if such breach in Europe had not happened. Art: XIX. This present treaty shall not in any manner derogate from the treaty concluded between their said majesties at Bredah, July 21, 1667; but all and singular the articles and clauses of the said treaty shall remain in force, and be observed. Treaty This treaty not to dero- gate fromthe treaty of Bredah in 1667. ■'■' is , FRANCE. 33 .:r. imerican Treaty of Peace and Commerce between Great 5^^^^-VJ- •^ 'J Lew.XIV. Britain and France, concluded at Ryswick, ^^91- •^ T.RYSWICK. September'^,, 1697. /J- : nav>- Corps Dip: Tom: VII. Part II. P. 399. • ' ' * Pap: Off: B. 26. -? -: Treat: 1732. Vol: I. P. 302. , ,,, . ^^ Treat: 1785. Vol: I. P. 299. Treat: 1790. Vol: I. P. 332. ' " " : Article V. * - i • ^ ' H AT there shall be a free use of navigation and com- merce between the subjefts of both the said kings, as was Free 1 formerly in the time of peace, and before the declaration comme?"^ of the late war, so that every one of them may freely come ?5 formerly . ■' ■> .^ in time of mto t.ie kmgdoms, provmces, marts, ports and rivers, of peace. either of the said kings, with their merchandises ; and may there continue, and trade, without molestation; and use and enjoy all liberties, immunities, and privileges, granted by solemn treaties and antient customs. Art: X. To cut off all manner of dispute and conten- tion, which may arise concerning the restitution of ships, Times and merchandises and other moveable goods, which either !ie/in"e-^ party may complain to have been taken and detained by S^n" after the other, in countries and on coasts far distant, after the peace is con- peace is concluded, and before it is there notified, all before'itis ships, merchandises, and other moveable goods, which "°"^'^'^- shall be taken on either side, after the signing and publi- cation of the present treaty, within the space of twelve F days 34 FRANCE. jgg- days in the British and Northern seas ; within the space of 1 .RYswicK. six weeks from the said British and Northern seas as far as Cape St. Vincent; within the space of ten weeks beyond the said Cape, and on this side the equinoftial hne or equator, as well in the Ocean and Mediterranean sea, as elsewhere ; lastly, within the space of six months beyond the boundaries of the said line, throughout the whole world ; shall belong and remain to the possessors, without any exception or farther distinction of time or place, or any consideration to be had of restitution or compensation. W Art: XII. But if (which God forbid) the differences^ Six months now composcd between the said kings, should at any time the removal be rcncwcd, and break out into open war, the ships, mer- cl^^oH '"- chandises, and all kinds of moveable goods of either party, ture. which shall be found to be and remain in the ports and dominions of the adverse party, shaL not be confiscated, or in any manner detained or damaged, but the whole space of six months shall be allowed to the subjefts of both the said kings, that they may carry away and transport the aforesaid goods, and any thing else, which is their's, whithersoever they shall think fit, without any molesta- tion. Treaty FRANCE. 35 s space of ) as far as 1 s beyond il line or 1 m sea, as 1 s beyond be whole 1 J, without ■'■ place, or pensation. ■4 iflferencesr i'l^^H^HH t any time [lips, mer- her party, ports and jnfiscated. 1 the whole 1 ils of both m nsport the is their's. 1 ' molesta- 9 Treaty of Peace between Great Britain and ^ew^xiv France, concluded at Utrecht, March 31, 1713. 1713- T. 1'. UTRECHT. Corps Dip: Tom: VIII. Part I. P. 339. > Pap: OfF. B. 31. Treat: 1732. Vol: III. P. 398. Treat: 1785. Vol: II. P. 5. Treat: 1790. Vol: I. P. 340. - . ■ i '" - .' • '' ' ' , Article VII. . , H AT there be a free use of navigation and commerce between the subjefts of both their majesties, as it was Navigation formerly in the time of peace, and before the declaration of meL'eT"^ the last war; and particularly as it is agreed and concluded fo'meri}-. by the treaty of commerce this day made between the two nations. Art: X. The most Christian king shall restore to the kingdom and queen of Great Britain, to be possessed in HmUon\BAy full right for ever, the bay and straits of Hudson, together [he £«^/S. with all lands, seas, sea coasts, rivers, and places situated in the said bay and straits, and which belong thereunto, no tra6ls of land or of sea being excepted, which are at present possessed by the subjefts of France. Art: XII. The most Christian king shall cause to be de- st.cb,isto. livered to the queen of Great Britain on the same day, on ^1"^^' ^T . . , , •' Scotia, and which the ratifications of this treaty shall be exchanged, the fishery tHcrf find solemn and authentick letters or instruments, by virtue AmapoUs whereof, it shall appear, that the island of 5^. Christopher K'St*^ F 2 is liih. 36 i, vy hi '''i^'fi- ili i: I'ii ii'i ii' T. P. UTRECHT. Neiv/ounii- lanti with the town and fortress of Placctitia quitted to the English,w\th a right reser- ved to the French of catching and drying fish there. FRANCE. is to be possessed hereafter by British subjefts only ; like- wise that all Nova Scotia or Acadie, comprehended within it's antient boundaries ; as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which depend on the said lands and islands, together with the dominion, property, and possession of the said islands, lands, and places, and all right whatever by treaties, or any other way attained, which the most Christian king, the crown of France, or any the subjects thereof, have hitherto had to the said islands, lands, and places, and to the inhabitants of the same, are yielded and made over to the queen of Great Britain, and to her crown for ever ; as the most Christian king doth now yield and make over all the said premises, and that in such ample manner and form, that the subjefts of the most Christian king shall hereafter be excluded from all kind of fishing in the seas, bays, and other places, on the coasts of Nova Scotia, that is to say, on those coasts, which lie towards the East, within thirty leagues, beginning from the island commonly called Sable inclusively, and thence stretching along towards tht South-West. ^ . . Art: XIII. The island called Newfoundland, with the adjacent islands, shall from this time forward belong of right wholly to Great Britain, and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French, ,.'iall be yielded and given up within seven months from the ex- change of the ratifications of this treaty, or sooner if possible, by the most Christian king, to persons having a commission from the queen of Great Britain for that purpose : nor shall the most Christian king, his heirs ard successors, or any of 37 1713- T. P. UTRECHT. FRANCE. of their subje6ls, at any time hereafter claim any right to the said island and islands, or to any part of it or them : more- over it shall not be lawful for the subje6ls of France to for- tify any place in the said island of Newfoundland, or to ereft any buildings there, besides stages made of boards, and huts necessary and usual for drying fish, or to resort to the said island beyond the time necessary for fishing and diying fish: but it shall be allowed to the subjefts of France to catch fish, and to dry them on land, in that part only, and no other, of the said island of Newfoundland, which extends from the place ^^^^ .^j^^ ^ called Cape Bonavista to the Northern point of the said of Cape B,g~ island, and from thence bearing down along the Western JtK in the side as far as the place called Point Rich: but the island ','1!.'' f'* called Cape Breton, as also all others whatever, situated both to belong to itiri- rr.1- 111 the F7«/c«. in the mouth and gulph oi the river or St. Laxorence, shall hereafter belong of right to the French, and the most Christian king shall have full liberty to fortify any place or places there. Art: XIX. But if (which God forbid) the dissentions, which have been composed, should at any time be renewed six months between their said majesties, or their successors, and break th°re!mvai out into open war, the ships, merchandises, and all the ef- «( ^^^^^ _ ■^ after a rup- fecls, both moveable and immoveable, on both sides, which ture, shall be found to be and remain in the ports ar. 1 dominions of the adverse party, shall not be confiscated, or any way detained or damaged, but the intire space of six months # to be reckoned from the day of the rupture, shall be allowed to the said subjetls of each of their majesties, in which term they may sell the aforesaid things, or any other part of thc'T effe6ls, or carry and remove them from thence, where-ever they please, without any molestation, and retire from thence themfelves. Treaty 38 FRANCE. Anne. Treaty of Navigation and Commerce between Lew.XIV. ^ 1713. the Crowns of Great Britain and France, T. C, UTRECHT, concluded at Utrecht, March 31, 1713. m ill w4 ^ " i commerce in Europe. ' '■ ' Corps Dip: Tom: VIII. Part I. P. 345. Pap: Off. B. 34. Treat: 1732. Vol: III. P. 440. . . , Treat: 1785. Vol: II. P. 40. Treat: 1790. Vol: I. P. 390. Article I. tree nivi£3' "^ b '^ * tionand X HAT thcic shall be a reciprocal and intirely perfeft liberty of navigation and commerce between the subjects on each part, through all and every the kingdoms, states, dominions, and provinces of their royal majesties in Eu- rope, in respeft to all and singular kinds of goods in those places, and on those conditions, in such manner and form, as is settled and adjusted in the following articles. ^ ; Art: II. That the commerce and friendship between the subjects of the abovesaid parties may be hereafter secure, and free from all trouble and molestation, it is agreed and concluded, that, if at any time any ill unaer- standing and breach of friendship or rupture should happen between their said majesties, (which God forbid) in such case the term of six months shall be allowed, after the said rupture, to the subjefts and inhabitants on each part, resid- ing in the dominions of the other, in which term they them- selves may retire, together with their families, goods, mer- chandises and effefts, and carry them whithersoever they shall Six months allowed to the subjefls of both their majesties, to withdraw their persons and effefts after a rup- ture. FRANCE. shall please : as likewise at tlie same time the selling and disposing of their goods, both moveable and immoveable, shall be allowed freely, and without any disturbance ; and durmg the said term they shall not be detained by any arrests of their persons, effe6ls, goods, or merchandises ; and farther the subjeds on each side shall have and enjoy good and speedy justice, so that they may avail themselves of it in order to w^ithdraw, within the said space of six months, their goods and effecls, intrusted as well to the publick as to private persons. Art: VII. Merchants, masters of ships, owners, mariners, and all other persons, ships, and all merchandises and ef- fecls in general, of one of the confederates, and of his sub- jefts and inhabitans, shall, on no publick or private account, by virtue of any general or special edift, be seized in any of the lands, ports, havens, shores, or dominions whatever of the other confederate, for the publick use, for warlike ex- peditions, or for any other cause ; much less for the private use of any one shall they be detained by arrests, constrained by any kind of violence, or in any way molested or injured. Moreover it shall be unlawful for the subje6ls of both par- ties to take any thing, except the person, to whom it be- longs, consents, and it be paid for with ready money ; but this is not to be understood of that detention and seizure, which shall be made by the command and authority of jus- tice, and by the ordinary methods on account of debt or crimc^ in respeft whereof the proceeding must be by way of law, according to the form of justice. Art: VIII. It is established, as a general rule, that all and singular the subjects of their said majcisties shall use and en- joy 39 1713- T. C. UTRECHT. Siibje M cither I ity shall lie at war, the bhips of tlic other shall be fur- nished with proper pass- ports accord- ing to the form annex- ed to this treaty, and certificates of the contenti of the cargo. 12 1713. T. t. ITTRKCHT. Ship not obliged to give an ac- count of their lading, unless sus- pefted of having contraband goods. If suspertcd, must exhibit passports and certifi- cates. Merchant- ship, making to the port of an enemy, must pro- duce pass- ports and certificates. All goods, ladeu by ei- ther party on board the ships of an enemy, are to be confis- cated, unless put on board before war declared, or within the times and di- stances spe- cified. FRANCE. ing to either confederate, but not willing to enter into port, or, being entered into port, not willing to unload their car- goes or break bulk, shall not be obliged to gi v^e an account of their lading, unless they should be suspe6led, upon some manifest tokens, of carrying to the enemy of the other party any prohibited goods called contraband. ,--: . Art: XXIII. And, in such case of manifest suspicion, the said subjefts and inhabitants of the dominions of either of their majesties shall be obliged to exhibit, in the ports, their passports and certificates, in the manner before specified. , . , Art: XXV. But that merchant-ship of either of the parties, which shall make to a port belonging to the enemy of the other confederate [^uce ad portum alter i feeder atorum inimicum tendere institucrit] and concerning whose voyage, and the species of goods on board her, there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise her certificates, expressly shew- ing, that her goods are not of the number of those, which have been prohibited, and which are specified in the igth article of this treaty. Art: XXVII. On the contrary, it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemy of the other, or to his subje6ls, the whole, although it consists not of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy himself, except those goods and merchandises, which were put on board » * 1713- T. C. FRANCE. 43 board such ship before the declaration of war, or even after such declaration, if it were done, within the time and limits following, that is to say, if they were put on board ^''''^'''^""''' such ship in any port or place, within the space of six weeks after such declaration, within the bounds called the Naze in Norxuay, and the Soundings; of two months from the Soundings to the city of Gibraltar; of ten weeks in the Mediterranean sea ; and of eight months in any other country, or place in the world; so that the goods of the subjects of cither prince, whether they are of the nature of such as are prohibited, or otherwise, which, as is afore- said, were put on board any ship belonging to an enemy before the war, or after the declaration of the same, within the time and limits aforesaid, shall no way be liable to con- fiscation, but shall well and truly be restored without delay to the proprietors demanding the same-, but if the said mer- chandises are contraband, it shall by no means be lawful to carry them afterwards to any ports belonging to the enemy. Art: XXVIII. And that more effe6lual care may be .„. . taken for the security of the subjects of both their majesties, both sides to that they suffer no injury by the ships of war or privateers punTshed ^"* of the other party, all the commanders of the ships of the 3"'^'^*-'P^""^''- queen of Great Britain, and of the most Christian king, and jdl their subjefts, shall be forbidden to do any injury or • damage to the other side ; and, if they aft to the contrary, they shall be punished, and shall moreover be bound to make satisfaftion for all damages and interests of what nature soever. G 2 A- 44 1713- T. C. UTRECHT. The remains of ships wrecked and their lading shall be re- stored to the proprietors. Severe pu- nishment to be inflided on those, who are giiilty of in- h.imanity. All ships and goods rescu- ed from pi- rates to be restored to the proprie- tors, on proof made of their pro- perty. ! !. > FRANCE. Art: XXXIII. In case that either ships of war, or mer- chant-ships, forced by storms, or other misfortunes, on rocks or shelves on the coasts of one or the other party, should there be broken to pieces and shipwrecked, what- ever is saved of such ships, their apparel, effefts, mer- chandise, or the produce thereof if sold, shall be faith- fully restored to the proprietors, reclaimers, or their fac- tors, paying only the expenses of preserving the same, as it shall have been settled on both sides, in respe6t to the right of salvage, saving also the rights and customs of each nation: and both their majesties shall interpose their authority, that such of their subjedls may be severely punished, who in the hke accidents shall be found guilty of inhumanity. , ,: . ,1 ■,■ Art: XXXV. All ships and merchandises, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either kingdom, and shall be delivered to the custody of the officers of that port, in order to be restored intire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof. i> " c?ptor,using Art: XXXJ'^ But if it shall appear, that a captor made foS^hi? "^^ °^ ^^y ^^^'^ ^^ torture upon the master of the ship, prize, and thc CFCW, or othcTS, who shall be o'n board any ship be- mosrsevere longing to the subjcfts of the other party, in such case, punishment, j^^j ^j^jy. jijg gj^jp -jg^if^ together with all persons, mer- chandises, and goods whatever, shall be forthwith released without any farther delay, and set intirely free, but also such 45 FRANCE. such as shall be found guilty of so great a crime, as also j_j„ the accessaries thereunto, shall suffer the most severe pu- t. c. nishment, suitable to their offence ; this the queen of "^'^'^^"'^' Great Britain, and the most Christian king, do mutually engage shall be done without any respeft to persons. This Treaty of' Commerce does not appear to have been renewed by the Treaty of Aix la Chapelle in 1748; but the same was renewed and conjirmedy by the Treaty o/" Paris of 1763, and by the Treaty o/' Versailles of 1783- Formulaire des passe- ports & lettres, qui se doivent donner, dans I'annraute de France y aux navires & barques, qui en sortiront, suivant Tarticle 21. du pre- sent Iraite. Form of the passports and letters, which are to he given, in the admiralty o/" France, to the ships and harks, which shall go from thence, according to the 2 1st article of this present treaty. LOUIS comte deThon- louse, amiral de France, a tous ceux, qui ces pre- sentes lettres verront, saiut. Scavoir faisons, que nous LEWIS count of Thou- louse, admiral of France, to all, who shall see these presents, greeting. We make known, that we have given leave T. C- UTRECHT. FRANCE. avons donne conge & per- mission a . . , , maitre & conduSieur du navire nomme . , . . de la ville de . . . . du port de . . . ou environ . . . leave and permission to . i . . master and commander of the ship called ..... of the town of burden tonneux tons or thereabouts, ttant de lying at present in the port present au port & havre de and haven of to go .... de s'en aller a to laden with charge de apres que afterhis ship has been visited. visitation aura etc faite de son navire^ avant que de partir,fera serment devant les o£icierSf qui exercent la jurisdiElion des cl uses mari- tinies, comme It dit vaisseau appartient a un ou plusieurs des sujets de sa majeste, dont il sera mis aEle au bas des presentes; comme aussi de garder & /aire garder, par ceux de so7i equipage, les or- donnances & reglemens de la marine, & mettre au greffe le role, signe & verifie, contenant les noms & sur- noms, la naissance & demeure des hommes de son equipage, & de tous ceux, qui s'embar- queront, lesquels il ne pourra embarquer sans le s^u et per- mission des ojficiers de la ma- and before sailing, he shall make oath before the offi- cers, who have the jurisdic- tion of maritime affairs, that the said ship belongs to one or more of the subjeds of his majesty, the aft whereof shall be put at the end of these presents; as likewise that he will keep and cause to be kept by his crew, on board, the marine ordinan- ces, and regulations, and en- ter in the proper office a list signed and witnessed, containing the names and surnames, the places of birth and abode of the crew of his ship, and of all, who shall embark on board her, whom he shall not take on board without the knowledge and permission ,4 .;% FRANCE. rine; & en chacun port ou permission of the officers of 47 . ^ havre ou il entrera, avec son navire, /era apparoir aux afficiers & juges de la marine du present conge, & leurfera Jidele rapport de ce, qui sera fait & passe' durant son voy- age, & porter a les pavilions, armes & enseignes du roi, & les notres, durant son voy- age. En temoin de quoi, nous avonsfait apposer notre seing, & le seel de nos armes a ces presentes, & icellesfait con- tresigner par notre secretaire de la marine a jour 1713. the manne; and in every t. c. port or haven, where he "'^'^^^'"''' shall enter with his ship, he shall shew this present leave to the officers and judges of the marine, and shall give a faithful account to them of what passed and was done during his voyage ; he shall carry the colours, arms and ensigns of the king, and of us, during his voyage. In witness whereof, we have signed these presents, and put the seal of our arms there- de mille sept cent ""to, and caused the same Signe Louis comte de Thou- to be countersigned by our louse——— secretary of the marine at the day of etplus has, 17 Signed par Lewis count of Thoulouse, and underneath by Formulaire de Tafte Form of the aB contain- contenant le serment. ing the oath, NO US , , . , de rami- WE .... of the admiralty raute' de .... certijions, of do certify, that que maitre du navire, master of the ship, vomme au passeport ci dessus, named in the above passport, has 48 FRANCE. TjisT sprite le serment mentionne has taken the oath mention- m T. c. gn icelut, Faite a le UTRECHT. . , .,, — __ ..... jour de TniCle sept cens Formula, literarum certificatoriarum pe- tendaruin, danda- rumque a magistra- tu aut officialibus ve6ligalium et te- loniorum burgi et portus, in burgis et portubus suis re- spe6livis, navibus etnavigiis, inde vela facientibus, secun- dum articuli vigesi- mi primi hujus trac- tat us dispositionem . NO S A. B. magistratus (aut) officiales veEligalium et teloniorum burgi et partus V C. certijicamus et attestamur^ quod die .... mensis . . . anno dom, 17 ... . per- ed therein. Done at the day of ... 17 , . Form of the certificates to he required of, and to he given hy, the magistrate or officers of the customs of the town and port, in their respective towns and ports, to the ships a7id vessels which sail from thence, accord- ing to the directions of the 2 1st article of this present treaty. 'D WEA.B. magistrates (or) officers of the customs of the town and port of C. do cer- tify and attest, that on the ^ . . . day of the month of .... in the year of our lord 17 . . .. FRANCE. sonaliter coram nobis com- 17 . . . . i). £. of Z*. per- paruit D. E. de F. & solenni sonally appeared before us, jurejurando declaravit, quod and declared by a solemn navis sive navigium vocat' G. oath, that the ship or vessel mensurarum, quas tons vo- called G. of about . . . tons, cant . . . capax, cujus H. I. whereof H. I. of K. his de K. solitcs habitationis loco, usual place of habitation, est magistcr sive prcefeBus, ei is master or commander, et aliis etiam serenissimx re- does rightfully and properly gioe majestatis domince nostra belong to him and others, clementissimce subditis, Usque subjects of her most serene solis^justotitulo propria sit: majesty, our most gracious jam vero de portu L . iter des- sovereign, and to them alone: tinasse ad portum M. onus- that she is now bound from tarn mercibus et mercimoniis the port of Z<. to the port of hinc infra speciatim descrip- ^- laden with the goods and tis et enumeratis, scilicet et merchandise hereunder par- prout sequitur, viz ticularly described and enu- merated, that is to say as fol- j lows, viz In quorum Jidem has cer- In witness whereof we have tificatorias literas signavi- signed this certificate, and vius, et sigillo officii nostri sealed it with the s-al of our sigillavimus. Dabantur die office. Given the ... . day mensis of the month of ... in the A, D. 17 . . . . year of our lord 17 ... , 49 1713- T. C- UTRECHT. -J. ..!l H Treaty '■'I syi: »: 50 FR/lNCE. • ! 1729. T. SEVILLE. Geo. II. Treaty of Peace between Great Britain and Lew. XV. ^ ^ France, [and Spain] concluded at Seville, November 9, 1729. • ' - , '".-"■ ■ ' Pap: Off. B. 64. Treat: 17331. Vol: IV. P. 2oi. Treat: 1785^ Vol: II. P. 306. .,, • . Article L ■ , xjLLL former treaties and conventions of peace and All former friendship, and commerce, concluded between the con- trading powers respe6lively, shall be, as they hereby are, efFefturlly renewed and confirmed, in all those points, which are not derogated from by the present treaty, in as fiil and ample a manner, as if the said treaties were here inserted word for word; their said majesties promising not to do, or suffer any thing to be done, which may be contrary thereto, direftly or indiredly* treaties of peace and commerce renewed and confirmed. Treaty FRANCE. 6* Unirerial and perpetu- al peace be- tween the contrafting powers. Treaty of Peace and Friendship beween Great geo. ii. Lew. XV. Britain and France, [and other Powers] 1748. T A I X LA concluded at Aix la Chapelle, OEiober 18, chapelle. 1748. Pap: OflF. B. 76. Treat: 1785. Vol: II. P. 370. Treat: 1790. Vol: I. P. 424. Article I. XHERE shall be a christian, universal, and perpetual peace, as well by sea as land, and a sincere and lasting friendship, between the contra6ling powers, thei: heirs and successors, kingdoms, states, provinces, countries, subjefts, and vassals, of what rank or condition soever they may be, without exception of places or persons. Art: III. The treaties of Westphalia of 1648 ; those of Madrid, between the crowns of England and Spain, of of peace at* 1667 and 1670; the treaties of peace of Nimeguen of 1678 fig^t^ndzt and 1679; of Ryswick of 1607; of Utrecht of 171Q; of ^"'"^"'" ' / c/ ' 171^, renew* Baden of 1714; the treaty of the triple alliance of the Hague ed and con- of 1717 ; that of the quadruple aUiance of London of 1718; *''"'"'" and the treaty of peace of Vienna of 1738, serve as a basis and foundation to the general peace, and to the present treaty ; and, for this purpose, they are renewed and con- firmed in the best form, and as if they were herein inserted, word for word ; so that they shall be pundually observed for the future in all their tenor, and religiously executed on the one side and the other; such points, however, excepted, as ha\'e been derogated from in the present treaty. H 2 Treaty 52 FRANCE. II /' }i 11' ;■' ' Geo. III. Treaty of Peace and Friendship between Great Le'v.XV. ^ *^ ^ ij^S' Britain a7id France, [and Spain, to which T. PARIS, Portugal acceded^ concluded at Paris > Universal peace. Fehniary 10, 1763. Treat: 1785. Vol: III. P. 117 Treat: 1790. Vol: I. P. 467. Article I. HERE shall be a christian, universal, and perpetual peace, as well by sea as by land, and a sincere and constant friendship shall be re-established between their Britannick, most Christian, Catholick, and most Faithful majesties, and betv^een their heirs and successors, kingdoms, donjinions, provinces, countries, subjefts, and vassals, of what quality or condition soever they be, without exception of places, or of persons: So that the high contracting parties shall give the greatest attention to maintain between themselves and their said dominions and subjeds, this reciprocal friendship and correspondence, without permitting, on either side, any kind of hostilities, bv sea or by land, to be committed, from henceforth, for any cause, or under any pretence whatsoever; and fcvery thing shall be carefully avoided, which might, hereafter, prejudice the union happily re- established, applying themselves, on the contrary, on every occasion, to procure for each other whatever may contri- bute to their mutual glory, interests, and advantages, with- out giving any assistance or proteftion, direftly or indireftly, to those who would cause any prejudice to either of the high contra6ling parties : There shall be a general oblivion of FRANCE. 53 Nwa Scotia or AcrtJia, giiarantieilto GreatHritairif alio CciiKiJa, Cnpe Breton, ami the (jtlier iidja- cent iblaiiii;;. of every thing that may have been done or committed be- ^ g» fore, or since, the commencement of the war, which is just t. paris. ended. . C:^* Vide 2d art: of this treaty printed under the head of Spain. ' Art: IV. His most Christian majesty renounces all pre- tensions, which he has heretofore formed, or might form, to Nova Scotia, or Acadia, in all ils parts, and guaranties the whole of it, and with all its dependencies, to the king of Great Britain: Moreover, his most CAn'i^m??. majesty cedes, and guaranties to his said Britannick majesty, in full right, Canada, with all its dependencies, as well as the island of Cape Breton, and all the other islands, and coasts, in the gulph and river St, Lawrence, and, in general, every thing that depends on the said countries, lands, islands, and coasts, with the sovereignty, property, possession, and all rights acquired by treaty or otherwise, which the most Christian king, and the crown of France, have had, till now, over the said countries, islands, lands, places, coasts, and their inhabitants, so that the most Christian king cedes and makes over the whole to the said king, and to the crown of Great Britain, and that in the most ample manner and form, with- out restri6lion, and without any liberty to depart from the said cession and guaranty, under any pretence, or to dis- turb Great Britain in the possessions abovementioned. His Britannick majesty, on his side, agrees to grant the liberty of the Catholick religion to the inhabitants oi Canada: ile will, consequently, give the ?ost precise and most effeftual orders, that b-'s ne^v Rom.^j; '\Jiolick subjefts may profess the worship of their religjv, according to the rites of the Romish church, as fai- as the laws of Great Britain permit. ^ - . His The Cntho- lick religion- granted to the inha- bitants of Canada,. 54 Mi 1763. T. PARIF The Fie>ic6 inhabitants to have li- berty to re- move with their goods within eigh- teen nnonths, French siib- jefts shall have the li- berty of catching and drying fis!i on part of the island of Ne-ivfoutt.l- lanJ, as spe- cified in I ;jth article of the treaty oi Utrecht. Also in the gulph of St. ^Mworence, at threelengues from the coast, and out of the gulph, at fifteen leagues dis- tance from the coasts cf Cape Breton, FRANCE. His Britannick majesty further agrees, that the French in- 'abitants, or others who had been subje6ls of the most istian king in Canada, may retire, with all satcty and treedom, wherever they shall think proper, and may sell their estates, provided it be to subje6ts of his Britannick majesty, and bring away their effefts, as well as their per- sons, without being restrained in their emigration, under any pretence whatsoever, except that of debts, or of crimi- ninal prosecutions: The term, limited for this emigration, shall be fixed to the space of eighteen mOiiths, to be com- puted from the day of the exchange of the ratifications of the present treaty. Art: V. The subjefts of France shall have the liberty of fishing and drying, on a part of the coasts of the island of Newfoundland, such as it is specified in the 13th article of the treaty of Utrecht; which article is renewed and con- firmed by the present treaty, (except what relates to the island of Cape Breton, as well as to the other islands and coasts, in the mouth and in the gulph of St. Lawrence:) And his Britannick majesty consents to leave to the subjefts of the most Christian king the liberty of fishing in the gulph St. Lawrence, on condition that the subjefts of France do not exercise the said fishery, but at the distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent, as those of the islands situated in the said gulph St. Lawrence. And as to what relates to the fishery on the coasts of the island of Cape Breto?i out of the said gulph, the subje6ls of the most Christian king shall not be permitted to exercise the said fishery, but at the distance of fifteen leagues from the coasts of the island of Cape Breton; and the fishery on the coasts of Nova Scotia or Acadia, and ch in- ; most \f and ay sell annick r per- under crimi- ;ration, e com- ions of erty of land of tide of id con- j to the ds and rence:) ubjefts gulph nee do three \ain, as lated in to the of the not be ince of Weton; cadia, and ,^i/ i 1763. T. I'AUIS. Great Bri- tain cedes tlie islands of St. Fitrre and Mique- loHfto Frame, but the same not to be fortified.. FRANCE. 55 and every whr - out of the said gulph, shall remain on the foot of former treaties. Art: VI. The king of Great Britain cedes the islands of St. Pierre and Miquelon, in full right, to his most Christian majesty, to serve as a shelter to the French fishermen : And hi&, said most Christian majesty engages not to fortify the said islands; to ereft no buildings upon them, but merely for the convenience of the fishery ; and to keep upon them a guard of fifty men only for the police. Art: VII. In order to re-establish peace on solid and Limits of durable foundations, and to remove for ever all subjeft of f,'^l"/ Jerri- dispute with regard to the limits of the British and French ^^^tk^ territories on the continent of America; it is agreed, that, for the future, the confines between the dominions of his Britannick majesty, and those of his most Christian majesty, in that part of the world, shall be fixed irrevocably by a line drawn along the middle of the river Mississippi, from its source tt he river Iberville, and from thence, by aiine drawn along the middle of this river, and the lakes Mau- repas and Pontchartrain, to the sea; and for this purpose, the most Christian king cedes in full right, and guaranties to his Britannick majesty, the river and port of the Mobile, and every thing which he possesses, or ought to possess, on the left side of the river Mississippi, except the town of New Orleans, and the island in which it is situated, which shall remain to France ; provided that the navigation of the river Mississippi, shall be equally free, as well to the subjefts of Great Britain, as to those of France, in its whole breadth and length, from its source to the sea, and expressly that " . part which is between the said island of New Orleans, and the I, 56 'II ' FRANCE. the right bank of that river, as well as the passage both in and out of its mouth : It is further stipulated, that the vessels belonging to the subje6ls of either nation, shall not be stopped, visited, or subjeded to the payment of any duty whatsoever. The stipulations inserted in the 4th ar- ticle, in favour of the inhabitants of Canada, shall also take place, with regard to the inhabitants of the countries ceded by this article. Art: XXII. All the papers, letters, documents, and archives, which were found in the countries, territories, towns and places, that are restored, and those belonging to the countries ceded, shall be, respeftively and bona Jide, delivered or furnished at the same time, if possible, that possession is taken, or, at latest, four months after the exchange of the ratifications of the present treaty, in whatever places the said papers or documents may be found. Geo- I"- Treaty of Peace and Friendship between Great 1783- Britain and France, signed at Versailles, T. VER- ^ O SAILLES. 1763. T. PARIS, Vessels of either nation not to lie visited or subjcifled to the payment of any duty. Inhabitants to enjoy the Slime privi- lege as stipu- lated in 4.th article. Regulation in respeft to papers and archives in places re- stored or ceded. September 3, 1783. Treat: 1785. Vol: III. P. 354. Treat: 1790. Vol: I. P. 495. T^nivcrsal peace. ;>i n'ti da Article I. 1 H E R E shall be a christian, universal and perpetual peace, as well by sea as by land, and a sincere and con- stant friendship shall be re-established, between their Bri- Z:-'. ,. tannick 1/83. T. VKR. SAILLES. FRANCE. 57 tannick and most Christian majesties, and between their heirs and successors, kingdoms, dominions, provinces, countries, subje6ls and vassals, of what quality or condition soever they be, without exception either of places or persons ; so that the high contrafting parties shall give the greatest atten- tion to the maintaining between themselves, and their said dominions and subje6ls, this reciprocal friendship and in- tercourse, without permitting hereafter, on either part, any kind of hostihties to be committed, either by sea or land, for any cause or under any pretence whatsoever : And they shall carefully avoid, for the future, every thing which might prejudice the union happily re-established, endea- vouring, on the contrary, to procure recipr cally for each other, on every occasion, whatever may contribute to their mutual glory, interests and advantage, without giving any assistance or protection, direftly or indire6lly, to those who would do ay injury to either of the high contracting par- ties. There shall be a general oblivion and amnesty of General ob. every thing which may have been done or committed, "vionand belore or smce the commencement of the war which is just ended. Art: II. The treaties of pr^iif/Art/m of 1648; the treaties of peace of Nimeguen of 1678, and 1679; of Ryszdck oij^''^ 1697 ; those of peace and of commerce of Utrecht of 1 713 ; that of Baden of 1714; that of the triple alliance of the Hague of 1717; that of the quadruple alliance of London of 1718; the treaty of peace of Viemia of 1738 ; the definitive treaty oi Aix la Chapdk of 1748; and that of P^m of 1 763, serve as a basis and foundation to the peace, and to the pre- sent treaty; and for this purpose, they are all renewed and confirmed in the best form, as well as all the treaties in ~ ^ . general >ii li ' i' Ifl 1783. T. VER- >AILLES. Nexvfound- laiul &C. to belong to Gr. Britain^ except St. Pierre & Mi- quelon ceded to France, France re- nounces the right of fish- ing from cape Bona- viita to cape St, John; and the French fishery to begin at cape St. John to eape Raye. FRANCE. general which subsisted between the high contra6ling parties before the war, as if they were herein inserted word for word ; so that they are to be exaftly observed for the future in their full tenor, and religiously executed by both parties, in all the points which shall not be derogated from by the present treaty ofpeace^ ■ .:y . « i;i. Art: IV. His majesty the king of Great Britain, is maintained in his right to the island of Newfoundland, and to the adjacent islands, as the whole were assured to him by the 13th article of the treaty of Utrecht; excepting the islands of St. Pierre and Miquelon, which are ceded in full right, by the present treaty, to his most Christian majesty. Art: V. His majesty the most Christian king, m order to prevent the quarrels which have hitherto arisen between the twa nations of England and France consents to renounce the right of fishing, which belongs to him in virtue of the aforesaid article of the treaty of Utrecht, from cape Bonavista to cape St. John, situated on the eastern coast of Newfound- land, in fifty degrees north latitude; and his majesty the king of Great Britain consents on his part, that the fishery assigned to the subjetts of his most Christian majesty, be- ginning at the said cape St. John, passing to the north, and descending by the western coast of the island of New- foundland, shall extend to the place called cape Raye, situ- ated in forty-seven degrees, fifty minutes latitude. The French fishermen shall enjoy the fishery which is assigned them by the present article, as they had the right to enjoy that which was assigned to them by the treaty of Utrecht. Art: VI. FRANCE. 59 Art: VI. With regard to the fishery in the gulph o^St. 1783. Lawrence, the French shall continue to exercise it con formably to the fJth article of the treaty of Paris. T. VER- SAILLES. Art: IX. The king o{ Great Britain cedes, in full right, ^Jj^'^;^'* and guaranties to his most Christian majesty, the river Se- France the -. -11 r cor* TWtT Setiegal^ negal, and its dependencies, with the torts or ctt. Louts, andtUefons Podor, Galam, Arguin, and Portendic; and his Britcnnick 'P^^'^"^^- majesty restores to France the island of Gore'e, which shall Gorec restor. be delivered up in the condition it was in when the con- * quest of it was made. Art: X. The most Christian king, on his part, guaran- Sdr^eT ties to the king of Great Britain the possession of Fort JnSg'^' jfames, and of the river Gambia, Gt. Britain, Art: XI. For preventing all discussion in that part of the world, the two high contra6ling parties shall, within three months after the exchange of the ratifications of the present treaty, name commissaries, who shall be charged with the settling and fixing of the boundaries of the re- spective possessions. As to the gum trade, the English shall have the liberty of carrying it on, from the mouth of the river St. John, to the bay and fort of Portendic inclu- sively. Provided that they shall not form any permanent settlement, of what nature soever, in the said river St, jfohn, upon the coast, or in the bay of Portendic. Commissa- ries to be appointed to settle boun- daries. The English to carry on gum trade from river 5/. John to Porr temlic. Art: XII. As to the residue of the coast of y4/n<:^, the other parts English and French subjefts shall continue to resort thereto, "obcreswted according to the usage which L„3 hitherto prevailed. '"^'^ '"''»"• I 2 Art: XIII. h),' li, 60 1783. T. VER- SAILLES. The settle- ments on Orixa and Bengal re- stored to France. Free trade to be secured to French siib- je(S9t FRANCE. Art: XIII. The king of Great Britain restores to hi* most Christian majesty all the settlements which belonged to him at the beginning of the present war, upon the coast of Orixa, and in Bengal, with liberty to surround Chan- dernagore with a ditch for carrying off the waters: and his Britannick majesty engages to take such measures as shall be in his power for securing to the subjefts of France in that part of India, as well as on the coasts of Orixa, Coro- mandel, and Malabar, a safe, free and independent trade, such as was carried on by the French East India company, whether they exercise it individually, or united in a com- pany. , , DUNKIRK. Vide — gth nrt: t. p. Utrecht, 1713- »7/A art: T. p. Aix la Chapelle, 1748. I yh art: T. p. Paris, 176a. Commissa- ries to treat concerning new arrange- ments of tonunerce. Art: XVII. The king of Great Britain, being desirous to give to his most Christian majesty a sincere proof of reconciliation and friendship, and to contribute to render solid the peace re-established between their said majesties, consents to the abrogation and suppression of all the articles relative to Dunkirk, from the treaty of peace con- cluded at Utrecht m 1713, inclusive, to this day. Art: XVIII. Immediately after the exchange of the ratifications, the two high contrading parties shall name commissaries to treat concerning new arrangements of commerce between the two nations, on the basis of re- ciprocity and mutual convenience; which arrangements shall be settled and concluded within the space of two years, to be computed from the first of January, in the year 1784. Art: XXI. FRANCE. 61 1783. T. VER- SAILLES. Art: XXI. The decision of the prizes and seizures made prior to the hostiUties shall be referred to the respeftive courts of justice ; so that the legality of the said prizes and seizures shall be decided according to the law Touching of nations, and to treaties, in the courts of justice of the Jj^^l^e^'^ nation which shall have made the capture, or ordered the niade prior to hostilities. seizures. Art: XXII. For preventing the revival of the law- suits which have been ended in the islands conquered Revival of by either of the high contracting parties, it is agreed that hi'the*^coii- the judgments pronounced in the last resort, and which ^J'^^^jf have acquired the force of matters determined, shall be prevented. confirmed and executed according to their form and tenor. Declaration (yf His Britannick Majesty, dated September 2,, 1783. . < A HE king having entirely agreed with his most Christian majesty upon the articles of the definitive treaty, will Declaration seek every means which shall not only ensure the execu- «^i"s ^"- ' , ^ tatintck nia- tion thereof, with his accustomed good faith and punc- jesty. tuality, but will besides giv^e, on his part, all possible efficacy to the principles which shall prevent even the least foundation of dispute for the future. To this end, and in order that the fishermen of the two nations may not give c (se for daily quarrels, his Britannick majesty will take the most positive measures for 62 Mi6!l M'>i 1783. T. VER- SAILLES. The fixed settlements of the fishery to be remo- ved; but the 111 en to be allowed to cut wood. 13th art: of the treaty of Utrecht to be the plan on whicli the fisheiy shall be carried on. FISHERY. Fide — ;/* eind l6l/j art: treaty of Lond: 1686. I Zth article treaty of peace Utrecht and 1 8 art: ireatyofYz.TK and 6 art: treaty o/Ytt- sailles, 1783 —also dcclart of French king of same date. FRANCE. for preventing his subje6ls from interrupting, in any man- ner, by their competition, the fishery of the French, during the temporary • exercise of it which is granted to them, upon the coasts of the island of Newfoundland ; and he will, for this purpose, cause the fixed settlements, which shall be formed there, to be removed. His Bru tannick majesty will give orders, that the French fishermen be not incommoded, in cutting the wood necessary for the repair of their scaffolds, huts, and fishing vessels. The thirteenth article of the treaty of Utrecht, and the method of carrying on the fishery which has at all times been acknowledged, shall be the plan upon which the fishery shall be carried on there ; it shall not be deviated from by either party ; the French fishermen building only their scaffolds, confining themselves to the repair of their fishing vessels, and not wintering there; the subjects of his Britannick majesty, on their part, not molesting, in any manner, the French fishermen, during their fishing, nor injuring their scaffolds during their absence. The king of Great Br-itain, in ceding the islands of St. Pierre and Miquelon to France, regards them as ceded for the purpose of serving as a real shelter to the French fishermen, and in full confidence that these possesions will not become an obje6l of jealousy between the two nations ; and that the fishery between the said islands, and that of Newfoundland, shall be limitted to the middle of the channel. With any man- le French^ Tranted to \land\ and sttlements. His Bri' fishermen :essary for ssels. ht, and the t all times which the le deviated Iding only lir of their subjects of )lesting, in eir fishing, ands of St. ceded for the French sesions will vo nations ; md that of lie of the FRANCE. 6^ With regard to Indie, Great Britain having granf-d to France every thing that can ascertain and confirm the trade which the latter requires to carry on there, his majesty relies with confidence on the repeated assurances of the court of Versailles y that the power of surrounding Chandernagore with a ditch for carrying off the waters, shall not be exercised in such a manner as to make it become an objeS of umbrage. The new state in which commerce may perhap." be found, in all parts of the world, will demand revisions The and explanations of the subsisting treaties; but an entire state of coi ■ r -t • • 1 • 1 • • nierce will abrogation of those treaties, in whatever penod it might demand a be, would throw commerce into such confusion as would Ihe treaties. be of infinite prejudice to it. In some of the treaties of this sort there are not only articles which relate merely to commerce, but many someofthe others which ensure reciprocally, to the respeflive cub- articles re- l«itc iTicrdv je6ls, privileges, facilities for conducing their affairs, per- to com- sonal proteftions, and other advantages, which are not, ITthe^'opH- and which ought not to be of a changeable nature, such as ^''^^? ?"*^ the regulations relating merely to the value of goods and merchandize, variable from circumstances of every kind.. 1783. T. VER- SAILLES. The sur- rounding ChanJifna- gore with a ditch, not to be in objedt of umbrajje. new coin- When therefore the state of the trade between the two nations shall be treated upon, it is requisite to be under- stood, that the alterations which may be made in the sub- sisting treaties are to extend only to arrangements merely commercial; and that the privileges and advantages, mu- tual and particular, be not only preserved on each, side, but even augmented, if it can be done. Alterations^ to extend ojily to com- n ercial ar- rangement*. IHi 64 I 11 m ^Hfil \k 1783. T. VER- SAILLES. FRANCE. In this view, his majesty has consented to the appoint- ment of commissaries, on each side, who shall treat solely upon thisobjeft. Coiuiter Declaration of His Most Christian Majesty of same date. Declaration •of the French king. Attention to prevent St, Pierre and Miquelon be- coming an object of jealousy. Fishery on coasts of Neixifound- iand. JL H £ principles which have guided the king, in the whole course of the negociations which preceded the re-establish- ment of peace, must have convinced the king of Great Britain, that his majesty has had no other design than to render it solid and lasting, by preventing, as much as pos- sible, in the four quarters of the world, every subject of discussion and quarrel. The king of Great Britain un- doubtedly places too much confidence in the uprightness of his majesty's intentions, not to rely upon his constant attention to prevent the islands of St. Pierre and Miquelon from becoming an objeft of jealousy between the two nations. As to the fishery on the coasts of Newfoundland, which has been the objeft of the new arrangements settled by the two sovereigns upon this matter, it is sufficiently ascertained by the 5th article of the treaty of peace signed this day, and by the declaration likewise delivered to-day, by his Britannick majesty's ambassador extraordinary and plenipo- tentiary; and his majesty declares, that he is fully satisfied on this head. • In 1783. T. VER- SAILLES. FRANCE. ^5 In regard to the fishery between the island of Newfound- land, and those of St. Pierre and Miguelon, it is not to be carried on, by either party, but to the middle of the chan- nel; and his majesty will give the mi st po^sitive orders, that J'^" Jj^j ,,y the French fishermen shall not go beyond this line. His the middle majesty is firmly persuaded that the king of Great Britain neU will give like orders to the English fishermen. The king's desire to maintain the peace comprehends ^he ditch of India as well as the other parts of the world ; his Britannick ©f aan^/er- majesty may therefore be assured, that his majesty will "o^gTve um- never permit an objeft so inoffensive, and so harmless, as '*"^** the ditch, with which Chandernagore is to be surrounded, should give any umbrage to the court of London. The king in proposing new arrangements of commerce, had no other design than to remedy, by the rules of reci- procity, and mutual convenience, whatever may be de- fective in the treaty of commerce, signed at Utrecht^ in 1713. The king of Great Britain may judge from thence, that hib majesty's intention is not in any wise to cancel all the stipulations in the abovementioned treaty; he declares on the contrary, from henceforth, that he is disposed to main- tain all the privileges, facilities and advantages expressed in that treaty, as far as they shall be reciprocal, or compen-^ sated by equivalent advantages. It is to attain this end, desired on each side, that commissaries are to be appointed to treat upon the state of the trade between the two nations, and that a considerable space of time is to be allowed for compleating their work. His majesty hopes that this ob- jeft will be pursued with the same good faith, and the same spirit of conciliation, which presided over the discussion of K all Motions of the French king for pro* po»ing new arrange- ments of commerce. Commis> saries to be appointed. 66 FRANCE. « all the other points comprised in the definitive treaty; and VER- his said majesty is firmly persuaded that the respeftive commissaries will employ the utmost diligence for the completion of this important work. * T. SAILLES. .i!l,i Geo. III. Treaty of Navigation and Commerce betxveen 1786. Great Britain and France, signed at Versailles, Sept. 26, 1780. T. C. VER- SAILLES. iiV Treat: 1790. Vol: I. P. 517. ^ "•" Article I. XT is agreed and concluded between the most serene and most potent king of Great Britain^ and the most and'pSeft screuc and most potent the most Christian king, that there liberty of gj^^ll bc a rcciprocal and entirely perfeft liberty of na- navigation _ *• ■' ^ . •' and com- vigation and commerce between the subjeds of each ^^^^^' party, in all and every the kingdoms, states, provinces and territories subjeft to their majesties in Europe, for all and singular kinds of goods, in those places, upon the conditions, and in such manner and form as is settled M and adjusted in the following articles. Art: II. For the future security of commerce and have meive friendship between the subjefts of their said majesties, and tc months to the end that this good correspondence may be preserved return, with n • . ^. i i- 1 • • 11, their effefts, from all mtcrruption and disturbance, it is concluded and ruptSe! * agreed, that if, at any time, there should arise any mis- understanding, breach of friendship or rupture between ,-S - J 67 ity, and speftive for the St serene the most that there :y of na- of each provinces YLTope^ for ;es, upon is settled [erce and lies, and tc preserved luded and any mis- between the 1786. T.C.VER- SAtLLES. Fiik — alio z6th art: t. o/'West- minster, 1655. 18 art: t. of Bredah, 1667. 1 2 art: t. 0/ Ryswick, 169;, 19 art: T. v. and 2k art: t. c. of Utrecht, 1713. FRANCE. the crowns of their majesties, which God forbid! (which rupture shall not be deemed to exist until the recalling or sending home of the respe6live ambassadors and mi- nisters) the subjeds of each of the two parties residing in the dominions of the other, shall have the privilege of remaining and continuing their trade therein, without any manner of disturbance, so long as they behave peaceably, and commit no offence against the laws and ordinances: And in case their conduft should render them suspefted, and the respeftive governments should be obliged to order them to remove, the term of twelve months shall be allowed them for that purpose, in order that they may remove, with their effefts and property, whether en- trusted to inf^i^aduals or to the state. At the same time it is to be understood that this favour is not to be ex-- tended to those who shall aft contrary, to the established laws. ' ' Art: III. It is likewise agreed and concluded, that the subjefts and inhabitants of the kingdoms, provinces and dominions of their majesties, shall exercise no a6l9 of ^o hostility or violence against each other, either by sea, ^^\ "^ hostility ■i . . . . ■' . against each or by land, or m rivers, streams, ports or havens, under other, by virtue any colour or pretence whatsoever; so that the subje6ls on^from "foreign of either party shall receive no patent, commission or P^^^*-"- instru:\ion for arming and afting at sea as privateers, nor letters of reprisal, as they a .e called, from any princes or states, enemies to the other party; nor by virtue or un- der colour of such patents, commissons or reprisals, shall . ! ' they disturb, infest, or any way prejudice or damage the aforesaid subjefts and inhabitants of the king of Great Britain^ or of the most Christian king; neither shall they K 2 arm I exercise no w 68 1786. T. C. VER- SAILLES. Nor shall let- ters of re- prisal be granted by cither of the contracting powers, ex- cept where justice be de- nied or de- layed. Fourmonths allowed. Thesubjeftf of each other shall have power.with- out licence or passport to enter into the domini- ons and cities of the other power, in Eurofe. FRANCE. arm ships in such manner as is abovesaid, or go out to sea therewith. To which end, as often as it is required by either party, strift and express prohibitions shall be renewed and published in all the territories, countries and dominions of each party, wheresoever, that no one shall in any wise use such commissions or letters of re- prisal, under the severest punishment that can be infli6led on the transgressors, besides being liable to make full resti- tution and satisfaftion to those to whom they have done any damage i Neither shall any letters of reprisal be here- after granted by either of the said high contrafting parties, to the prejudice or detriment of the subjefls of the other, except only in such case wherein justice is denied or de- layed; which denial or delay of justice shall not be re- garded as verified, unless the petition of the person, who desires the said letters of reprisal, be communicated to the minister residing there on the part of the prince against whose subjefts they are to be granted, that within the space of four months, or sooner, if it be possible, he may manifest the contrary, or procure the satisfadion which may be justly due» Art: IV. The subjects and inhabitants of the respec- tive dominions of the two sovereigns shall have liberty, f ;eely and securely, without licence or passport, general or special, by land or by sea, or any other way, to enter into the kingdoms, dominions, provinces, countries, islands, cities, villages, towns, walled or unwalled, for- tified or unfortified, ports, or territories whatsoever, of either sovereign, situated in Europe, and to return from thence, to remain there, or to pass through the same, and therein to buy and purchase, as they please, all things necessary SAILLES. FRANCE. ^ necessary for their subsistance and use, and they shall mu- ""TtSST" tually be treated with all kindness and favour. Provided t. c. ver- howc;ver, that, in all these matters, they behave and conduct themselves conformably to the laws and statutes, and live with each other in a friendly and peaceable man- ner, and promote reciprocal concord by maintaining a mutual good understanding. Art: V. The subjeds of each of their said majesties may have leave and licence to come with their ships, as also with the merchandizes and goods on board the same, the trade and importation whereof are not prohibited by the laws of either kingdoms, and to enter into the countries, dominions, cities, ports, places and rivers of either party, situated in Europe, to resort thereto, and to remain and reside there^ without any limitation of time; also to hire houses, or to lodge with other persons, and to buy all lawful kinds of merchandizes, where they think fit, either from the first maker or the seller, or in any other manner, whether in the public market for the sale of merchandizes, or in fairs, or wherever such merchandizes are manufaftured or sold. They may likewise deposit and keep in their magazines and warehouses, t^ie merchandizes brought from other parts, and afterwards expose the same to sale, without being in any wise obliged, unless willingly and of their own accord, to bring the said merchandizes to the maits and fairs. Neither are they to be burthened with any impositions or duties on account of the saic^ freedom of trade, or for any othe: cause whatsoever, except those which are to be paid for their ships and merchandizes conformably to the regulations of the present treaty, or tliose to which tlie subjects of the two contra6ling parties. shall They ni«y come with their ships atid goods to any ports, cities or places in Rurtpe, iin> portation whereof it not prohi- bited, and inav remain and reside there with- out any limi- tation of time. ^^hM^kv il H Bif f H I W'' ' IIp IP i i i ;i ■ H>< ki II ,1 IwnhI il! 1 llii'l H' nM T r ii- 1 Ml! r- ill'' nWl'' ^ I'i mmMI ■1 : .1 Kmwk' Ijlfntn^llj-i l^ffi' vUBPi II 1786. T. f. VER SAILI.F.S. 70 FRANCE. shall themselves be liable. And they shall have free leave, to remove themselves, as also their wives, children and ser- vants, together with their merchandizes, property, goods or efFefts, whether bought or imported, wherever they shall think fit, out of either kingdom, by land and by sea, on the rivers and fresh waters, after discharging the usual duties, any law, privilege, grant, immunities or customs, to the pe^fSubcr- Contrary thereof in any wise notwithstanding. In mat- tyofreiigion. ^qj-^ of religion, the subjefts of the two crowns shall enjoy perfeft liberty: They shall not be compelled to attend divine service, whether in the churches or elsewhere; but, on the contrary, they shall be permitted, without any molestation, to perform the exercises of their rehgion privately in their own houses, and in their own way. Liberty shall not be .refused to bury the subje6ls of either kingdom who die in the territories of the other, in convenient places to be appointed for that purpose; nor shall the funerals or sepulchres of the deceased be in any wise disturbed. The laws and statutes of each kingdom shall remain in force and vigour, and shall be duly put in execution, whether they relate to commerce and navigation, or to any other right, those cases only excepted, concerning which it is otherwise determined in the articles of this present treaty. (Jcl* The 6th art: contains the tariff agreed on between the contracting parties, in respeEl to the duties to be paid on the goods therein specijied. - . ?■ Art: VII. The duties above specified are not to be altered but by mutual consent; and the merchandizes, not above specified shall pay, in the dominions of the two Burnli aU lowed. 1786. T. C. VER- SAILLES. The duties not ^[K•cified, sli.ill be the same as paid hy the most favouicd nil* tiuas. FRANCE. fl two sovereigns, the import and export duties payable in each of the said dominions by the most favoured European nations, at the time the present treaty bears date ; and the ships belonging to the subje6ls of the said dominions shall also respeftively enjoy therein all the privileges and advan- tages which are granted to those of the most favoured European nations. And it being the intention of the two high contrafting parties, that their respeftive subje6ls should be in the do- minions of each other, upon a footing as advantageous as those of other European nations, they agree that, in case they shall hereafter grant any additional advantages in navigation or trade to any other European nation, they will reciprocally allow their said subjefts to participate therein, without prejudice however to the advantages which they reserve, viz. France, in favour of Spain, in consequence of the 24th article of the family compaft, signed May 10, 1^61, and England according to what she has pra6lised in conform' ty to, and in consequence of the convention of 1703, between England and Portugal. . And to the end that every person may know with cer- tainty the state of the aforesaid imposts, customs, import and export duties, whatever they may be, it is agreed that tariffs, indicating the imposts, customs and established du- ties shall be affixed in public places, as well in Rouen and the other trading cities of France, as in London and the ^JJlf^he"^'" other trading cities under the dominion of the king of '^"*'"''°^<= Great Britain, that recourse may be had to them when- pubUcpiaces. ever any difference shall arise concerning such imposts, customs and duties, which shall not he levied otherwise than in. conformity to what is clearly expressed in the said * tarifl^. In cage greater prf- vi leges are granted to any other nation, the siibjefts of the contrac • ting parties to participate therein. 72 ■im FRANCE. tariffs, and according to their natural construftion. i i; Hi^mHiflf i iHiifr' J ii '• 1 i > 1 i 1786. sarins, ana accoramg to tneir natural construction. And T, c. VER- if any officer, or other person in his name, shall, under "''^^'. , any pretence, publickly or privately, direftly or indiredly, demand or take of a merchant, or of any other person, any sum of money or any thing else, on account of duties, impost, search, or compensation, although it be under the name of a free gift, or under any other pretence, more or otherwise than what is above prescribed; in such case, the said officer or his deputy, if he be accused and convifted of the same before a competent judge, in the place where the crime was committed, shall give full satisfaction to the injured party, and shall likewise suffer the penalty prescribed by the laws. The 8th and gth articles specify, that goods shall not be inspeHed or confiscated under pretence of any fraud in the manufaElure of them, and that their casks or cases shall not be liable to any duties^ Art: X. It is further agreed, that if any mistake or error shall be committed by any master of a ship, his interpreter or faftor, or by others employed by him, in making the Goods omit, entry or declaration of her cargo, neither the ship nor not to tncm thc cargo, for such defeft, shall be subjeft to confiscation; forfeiture of j^^j j^ gj^j^^j |jg lawful for the proprietors to take back again such goods as were omitted in the entry or de- claration of the master of the ship, paying only the ac- customed duties according to the pancart; provided al- ways that there be no manifest appearance of fraud. Neither shall the merchants, or the masters of ships, or the merchandize, be subjeft to any penalties by reason of such omission, in case the goods omitted in the de- claration ''m FRANCE. 73 >n. And 11, under [idire6lly, !rson, any jf duties, )e under pretence, ribed; in e accused judge, in I give full ^ise suffer .all not be lud in the cases shall e or error interpreter naking the ship nor mfiscation; take back ry or de- ly the ac- ovided al- of fraud. ships, or by reason n the de- claration claratlon shall not have been landed before the declaration ^^gg has beeji made. r-- " T.C. VER- SAILLES. .Art: XI. In case either of the two high contra6ling parties shall think proper to establish prohibitions, or to augment the import duties upon any goods or mer- chandize of the growth or manufacture of the other, which are not specified in the tariff, such prohibitions provision in or augmentations shall be general, and shall compre- prohlbilba hend the like goods and merchandizes of the other most of articles. favoured Europeun nations, as well as those of either state: And in case either of the two contrafting parties shall revoke the prohibitions, or diminish the duties, in favour of any other European nation, upon any goods or merchandize of its growth or manufa6lure, ^vhether on importation or exportation, such revocations or di- minutions shall be extended to the subje6ls of the other party, on condition that the latter shall grant to the subje6ls of the former the importation and exportation of the like goods and merchandizes under the same duties; the cases reserved in the yth article of the present treaty always excepted. Art: XII. And forasmuch as a certain usage, not authorized by any law, has formerly obtained in divers Not to pay parts of Great Britain and France, by which French sub- capitation jefts have paid in England, a kind of capitation tax, called in the language of that country Head-Money; and English subjefts a like duty in France, called Argent Du Chief; it is agreed that the said impost shall not be demanded for the future, on either side, neither un- L der 74 1786. T.c. VER- soever. FRANCE, der the ancient name, nor under any other name what- SAILLES. Toucliing bounties. Art: XIII. If either of the high contra6ling parties has granted or shall grant any bounties for encouraging the exportation of any articles, being of the growth, pro- duce, or manufafture of his dominions, the other party . shall be allowed to add to the duties already imposed, by virtue of the present treaty, on the said goods and merchandizes, imported into his dominions, such an im- port duty as shall be equivalent to the said bounty. But this stipulation is not to extend to the cases of restitu- tion of duties and imposts, (called drawbacks,) which are allowed upon exportation. > 1 Art: XIV. The advantages granted by the present touikeeffed treaty to the subjects of his Britannick majesty shall take Se'ne"esTaiv cffe6l, as far as relates to the kingdom of Great Britain, laws shall be as soon as laws shall be passed there, for securing to passed in i-ori* ;•• • • GreatBritain. the subjecls oi his most Christian majesty the reciprocal enjoyment of the advantages which are granted to them by the present treaty. I iJih Same in speft to IrclanJ, re- And the advantages granted by all these articles, ex- cept the tariff, shall take effe6l, with regard to the king- dom of Ireland, as soon as laws shall be passed there, for securing to the subjefts of his most Christian majesty the reciprocal enjoyment of the advantages which are granted to them by this treaty; and, in like manner, the advantages granted by the tariff shall take effc6l, in what relates to the said kingdom, as soon as laws shall be passed there for giving elfeft to the said tariff. ' Art: XV. 1/ FRANCE. 75 Art: XV. It is agreed, that ships belonging to his ^ g^- Britannick majesty's subje6ls, arriving in the dominions t. c.ver- of his most Christian majesty from the ports of Great SAILLES. Britain, or Ireland, or from any other foreign port, No duty to shall not pay freight duty, or any other like duty. In tuJ'ship/of the same manner, French ships shall be exempted, in <^"i^';"^'"^°"' the dominions of his Britannick majesty, from the duty of five shillings, and from every other similar duty or charge. Art: XVI. It shall not be lawful for any foreign pri- 1- -i-n r • % 11 Foreign pn- vateers, not bemg subjects or either crown, who have vateeisnot commissions from any other prince or state, in enmity inthc'ports with either nation, to arm their ships in the ports of "/^'*^^^' "•*' either of the said two kingdoms, to sell what they have taken, or in any other manner whatever to exchange the same; neither shall they be allowed even to purchase viftuals, except such as shall be necessary for their go- ing to the nearest port of that prince from whom they have obtained commissions. Art: XVII. When any dispute shall arise between any commander of a ship and his seamen, in the „ . . . c • ^ A ■ ^ • Provision in ports ot either kmgdom, concernmg wages due to the caseofdis- said seamen, or other civil causes whatever, the magis- fwecn mas- trate of the place shall require no more from the oer- t'-'^^^^''^^"^''' ^ ^ r seamen. son accused, than that he give to the accuser a declara- tion in writing, witnessed by the magistrate, whereby he shall be bound to answer that matter before a com- petent judge in his own country; which being done, it shall not be lawful cither for the seamen to desert their ship, or to hinder the commander from prosecuting his ^2 \'oyage. r\ I ■ / 76 1786. T. C. VER- SAILLES. When books of merchants produced in court, no other articles to be taken cognizance of, than such as relate to the affair in question. FRANCE. voyage. It shall moreover be lawful for the merchants in the places, of their abode, or elsewhere, to keep books of their accounts and affairs, as they shall think lit, and to have an intercourse of letters, in such language or idiom as they shall chuse, without any molestation or search whatsoever. But if it should happen to be ne- cessary for them to produce their books of accounts for deciding any dispute or controversy, in such case, they shall be obliged to bring into the court the entire books or writings, but so as the judge may not have liberty to take cognizance of any other articles in the said books, than such as shall relate to the affair in question, or such as shall be necessary to give credit to the said books; neither shall it be lawful, under any pretence, to take the said books or writings forcibly out of the hands of the owners, or to retain them, the case of bankruptcy only excepted. Nor shall the subje6ts of the king of Great Britain be obliged to write their accounts, letters, or other instruments relating to trade, on stamped paper, except their day-book, which, that it may be produced as evidence in any law-suit, ought, according to the laws which all persons trading in France are to observe, to be indorsed and attested gratis by the judge, under his own hand. Art: XVIII. It is further agreed and concluded, that merchants all merchants, commanders of ships, and others the sub- ;£'™se jeas of the king of Great Britain, in all the dominions concerns of his most Christian majesty in Europe, shall have full without the rr ■ ^ \ intervention liberty to manage their own attairs themselves, or to com- o any ro - ^^ them to the management of whomsoever they please ; nor shall they be obHged to employ any interpreter or broker. FRANCE. 77 broker, nor to pay them any salary, unles*; they shall ^ og chuse to employ them. Moreover, masters of ships shall t. c ver- not be obliged, i lOading or unloading their ships, to make ^^^^^^^- use of those persons who may be appointed by publick au- thority for that purpose, either at Bourdeaux or elsc\vhere ; but it shall be entirely free for them to load or unload their ships by themselves, or to make use of such persons in loading or unloading the same, as they shall think fit, without the payment of any reward to any other whom- soever; r.^ither shall they be forced to unload into other sh'.ps, or to receive into their own, any merchandize whatever, or to wait for their lading any longer than they please. And all the subjefts of the most Christian king shall reciprocally have and enjoy the same privileges and liberties, in all the dominions of his Britannick majesty in Europe. Art: XIX. The ships of either party being laden, sailing along the coasts of the other, and being forced by Provision in storm into the havens or ports, or making land there in Z7zcl\l'ly any other manner whatever, shall not be obliged to unlade storms. their goods, or any part thereof, or to pay any duty, unless they, of their own accord, unlade their goods there, and sell some part thereof. But it shall be lawful, permission having been first obtained from those who have the direc- tion of maritime affairs, to unlade and sell a small part of their cargo, merely for the end of purchasing necessaries, °ooraf arc either for viclualling or refitting the ship; and in that case jobcsoid, to 1 1 1 1 T T 11 1 1 • o , . . b^-subjeftto- the whole ladmg shall not be subject to pay the duties, duties. but that small part only which shall have been taken out and sold. ,. . ,, i f s, - Art: XX. 78 i: ! 1786. T. C. VER- SAILLES. Lawful for their ships, to sail from one to ano- ther port of the enemy. Free ships shall make fiee gooils. FREE SHIPS. Fide— also %tb art: t. of St. Germain en Laye, 1676. 17 art: T. of Utrecht, 1713. Persons on board also free ; iniltfs soldiers. FRANCE. Art: XX. It shall be lawful for all the subjecls of the king of Great Britain, and of the most Christian king, to sail with their ships, with perfc6l security and liberty, no distinction being made who are the proprietors of the merchandizes laden thereon, from any port whatever, to the countries which are now or shall be hereafter at war with the king of Great Britain, or the most Christian king. It shall likewise be lawful for the aforesaid subjects to sail and tralfick with their ships and merchandizes, with the same liberty and security, from the countries, ports and places of those who are enemies, of both, or either party, without any opposition or disturbance whatsoever, and to pass direftly not only from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the same or of several princes. And as it has been stipulated concerning ships and goods, that every thing shall be deemed to be free, which shall be found on board the ships belonging to the subjefts of the respeClive king- doms, although the whole lading, Oi part thereof, should belong to the enemies of their majesties, contraband goods being always excepted, on the stopping of which, such proceedings shall be had as are conformable to the spirit of the following articles; it is likewise agreed, that the same liberty be extended to persons who are on board a free ship, to the end that, although they be enemies to both or to either party, they may not be taken out of such free ship, unless they are soldiers, adually in the service of the enemies, and on their voyjige for the pur- pose of being employed in a military capacity, in their fleets or armies. . Art: XXI. FRANCE. 79 Art: XXI. This liberty of navigation and commerce 17^6. shall extend to all kinds of merchandizes, exceptinff those '"•'^•veu- SAILLE^ onlv which are specified in the following article, and ;:; ;: — r J i o ' Contraband which are described under the name of contraband. • gooJs ex- cepted. Art: XXII. Under this name of contraband, or pro- hibited goods, shall be comprehended arms, cannon, har- decmLumi- quebusses, mortars, petards, bombs, grenades, saucisses, tnih.md. carcasses, carrias^es for cannon, musket-rests, bandoleers,,, „...„.„. gunpowder, match, saltpetre, ball, pikes, swords, head- n.ie—aiso^d , ■, • I 11 •I'll 11 nml'ilb art: T. pieces, helmets, cuirasses, halberts, javeiins, holsters, belts, »/• st. Germain horses, and harness, and all other like kinds of arms and T^^^^'J^J^'J warlike implements, fit for the use of troops. Utrecht, 1713. Art: XXIII. These merchandizes which follow shall not: be reckoned amon? contraband ffoods, that is to sav, all ^ , o ' ^ ' Goods not sorts of cloth, and all other manufaftures of wool, flax, tub. tieemed silk, cotton, or any other materials, all kinds of wearing except to" apparel, together with the articles of which they arc usually P'^^*;^. ^ made, gold, silver, coined or uncoined, tin, iron, lead, cop- per, brass, coals, as also wheat and barley, and any other kind of corn and pulse, tobacco, and all kinds of spices, salted and smoaked flesh, salted fish, cheese and butter, beer, oil, wines, sugar, all sorts of salt, and of provisions which serve for sustenance and food to mankind; also all kinds of cotton, cordage, cables, sails, sailcloth, hemp, tal- low, pitch, tar and rosin, anchors, and any parts of anchors. NOT CONTRA- 13 AND. ship-masts, planks, timber of all kinds of trees, and all m/.- "l/^bt/ other things proper either for building or repairing ships. LjyT'Ie^'fi Nor shall any other goods whatever, which have not i;"'/- t. c.< , 1 1 • 1 r r • <• Utrecht, itii.. been worked into the form or any instrument, or fur- niture for warlike use, by land or by sea, be reputed contraband n vf: M SAILLES. 80 FRANCE. J og contraband, much less such as have been already wrought T. c. vi;r- and made up for any other purpose. All which things shall be deemed goods not contraband, as likewise all others which are not comprehended and particularly described in the preceding article ; so that they may be freely carried by the subjeds of both kingdoms, even to places belong- ing to an enemy, excepting only such places as are besieged, blocked up or invested. ¥■' ly. Art: XXIV. To the end that all manner of dissensions fiirSshed ^ and quarrels may be avoided and p^-evented on both sides, ports mTasc ^^ ^^ agreed, that in case either of their majesties should be of war. engaged in war, the ships and vessels belonging to the sub- je6ls of the other shall be furnished with sea-letters or passports, expressing the name, property and bulk of the ship, as also the name and place of abode of the master or commander of the said ship, that it may appear thereby, that the ship, really and truly belongs to the subje6ls of newcd year- ouc of the priuccs ; which passports shall be made out and granted, according to the form annexed to the present treaty : they shall likewise be renewed every year, if the ship happens to return home within the space of a year. It is also agreed, that such ships when laden are to be pro- vided not only with passports as abovementioned, but also with certificates containing the several particulars of the ccaigo. ^g^j.gQ^ i^j^g place from whence the ship sailed, and whither she is bound, so that it may be known whether she carries any of the prohibited or contraband, goods specified in the 2 2d article of this treaty; which certificates shall be pre- •' ' pared by the officers of the place from whence the ship set sail, in the accustomed form. And if any one shall . think Also with certificates FRANCE. think fit to express in the said certificates the person to whom the goods belong, he miiy iVccly do so. Art: XXV. The ships belonging to the subjcds and inhabitants of die rcsp^clive kingdoms coming to any of the coasts of either of them, but without being willing to enter into port, or, being entered, yet not willing to land their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they are suspecled, upon sure evidence, of carrying prohibited goods, called contraband, to the enemies of either of the two high con- tra6ting pa"^ies. Art: XXVI. In case the ships belonging to the said sub- jefts and inhabitants of the respe6live dominions of their most serene majesties, either on the coast, or on the high seas, shall meet with any men of war belonging to their most serene majesties, or with privateers, the said men of war and privateers, for preventing any inconveniencies, are to remain out of cannon shot, and to send their boats to the merchant-ship which may be met with, and shall enter her to the number of t'vo or three men only, to whom the master or commander of such ship or vessel shall she-w his passport, containing the proof of the property of the ship, made out according to the form annexed to this present treaty; and the ship which shall have enhibited the same, shall have liberty to continue her voyage, and it shall be wholly unlawful any way to molest or search her, or to chase or compel her to alter her course. Art: XXVII. The merchant ships belonging to the subjc6ls of either of the two high contracling parties, which M intend 81 1786. T. C. VER- SAILLKS. Not to be ol)lige(l to bicik bulk unless on sine evi- tlcnce. Conduct to he observed by men of w.ir and pri- vateers, on entering a merchant ship to in- spect her p;iix;rs. . .- .1 iV iMi iyii i i iii r i - r iM 02 FRANCE. M ws^^ I BIH^Htt^^ iHHBiIB'k;' 1 ~ og intend to go to a port at enmity with the other sovereign, T. c. VER- concerning whose voyage and the sort of goods on board ^'^"•^ ' ^''' there may be just cause oF suspicion, shall be obliged to ex- Mcrchaiit hibit, as well on the high seas as in the ports and havens, t^'fcaicmy not Only her passports, but also her certificates, expressing Si^tiates ^^^^^ ^^^ goods are not of the kind which are contraband, as specified in the 22d article of this treaty. Art: XXVIII. If, on exhibiting tlie abovementioncd certificates, containing a list of the cargo, the other party should discover any goods of that kind which are declared contraband, or prohibited, by the 2 2d article of this treaty, and which are designed for a port subjeft to his enemies ; it shall be unlawful to break up or open the hatches, chests, casks, bales, or other vessels found on board such ship, or of the g!"ods to rcmovc even the smallest parcel of the goods, whether cotSand^ the said ship belongs to the subjefts of the king of Great The steps to Britain, or of the most Christian king, unless the lading be brought on shore, in the presence of the officers of the court of admiralty, and an inventory made by them of the said goods; nor shall it be lawful to sell, exchange, or alienate the same in any manner, unless after due and law- ful process shall have been had against such prohibited goods, and the judges of the admiralty respeftively shall, by sentence pronounced, have confiscated the same, saving always as well the ship itself, as the other goods found therein, which by this treaty are to be accounted free ; neither may they be detained on pretence of their being mixed with prohibited goods, much less shall they be con- fiscated as lawful prize : and if when only part of the cargo shall consist of connraband goods, the master of the ship shall FRANCE. - 8,3 shall aojrcc, consent and offer to deliver diem to the captor, "TtsST who has discovered them, in such case, the captor having t. < . vir- received those goods as lawful prize, shall forlhwith — ■ release the ship, and not hinder her, by any means, from prosecuting; her voyage to the place of her destination. Art: XXlX. On the contrary it is agreed, that what- ever shall be found to be laden by the subjects and in- J,''^!"tbr/ai habitants of either party, on any ship belonging to the "'! !^||;„'^","'. enemies of the other, although it be not contraband goods, tieson'board shall be confiscated in the same manner as if it belonged [he enemy to the enemy himself; except those goods and merchan- [."t^^i^^save dizes \vhich were put on board such ship before the dc- on brcakins , . - * , 1 1 r -1 out of hosti- claration or war, or the general order tor reprisals, or uties. even after such declaration, if it were done within the times following; that is to say, if they were put on board such ship in any port or place, within the space of two months after such declaration, or order for reprisals, be- tween Archangel, St. Petersburgh, and the Scilly islands, and between the said islands and the city of Gibraltar; of ten weeks in the Mediterranean sea; and of eight months in any other country or place in the world; so that the goods of the subjects of either prince, whether they be con- traband, or otherwise, which, as aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of the same, within the time and limits abovementioned, shall no ways hz liable to confiscation, but shall well and truly be restored, without delay, to the proprietors demanding the same; provided never- theless that, if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to the ports belonging to the enemy. M 2 Art: XXX. m n FRANCE. j_gg Art: XXX. And that more abundant care may be T. c. VF.R. taken for the security of the respective subje6h of their ^^^^^^^- rnost serene majesties, to prevent their suffering any injury by the men of war or privateers of either party, all the commanders of the ships of the king of Great Britain, Captors and of the most Cl.ristian kincr, and ail their subjefts, shall sponsiijie ior bc forbid doiug any damage to those of the other party, ^iti^i con- ^^ committing any outrage against them; and if they aft to the contrary they shall be punished, and shall moreover be bound, in their persons and estates, to make satisfaction and reparation for all damages, and the interest therecrf", of what nature soever. Art: XXXI. For this cause, all commanders of priva- teers, before they receive their patents or special commis- sions, shall hereafter be obliged to give, before a competent judge, sufficient security by good bail, who are respon- sible men, and have no interest in the said ship, each of whom shall be bound in the whole for the sum of thirty- six thousand livrcs tournois, or fifteen hundred pounds sterling; or if such sbip be provided with above one hun- dred and fifty seamen or soldiers, for* the sum of seventy- two thousand livres tournois, or three thousand pounds sterling, that they will make entire satisfaction for all da- mages and injuries whatsoever, which they, or their officers, or others in their service, may commit during their cruize, contrary to the tenor of this present treaty, or the ediCls made in consequence thereof by their most serene majesties, under penalty likewise of having their patents and special commissions revoked and annulled. Security to be taken be- fore com- missions be gi anted. Art: XXXII. 1786. T. C. VER- SAILLI-.S. Decrees of tlic admi- ralty com t. FRANCE. 85 Art: XXXII. Their said majesties being willinj; mutually to trei't in their dominions tlie subjeds of each other as fa\ourab)y as if" they were their own subjects, will give such orders as shall be necessary and cdeciual, that the judgments and decrees concerning prizes in the court of admiralty be given conformably to the rules of justice and equity, and to the stipulations of this treaty, by judges who arc above all suspicion, and who have no manner of interest in the cause in dispute. j, Art: XXXIII. And when the quality of the ship, goods, and master, shall sufficiently appear, from such passports and certificates, it shall not be lawful for the commanders of men of war to exa6l any further proof under any pretext whatsoever. But if any merchant ship shaifbrrT- shall not be provided with such passports or certificates, '1"'-''''=,'" then it may be exammed by a proper judge, but m such manner as, if it shall be found, from other proofs and documents, that it truly belongs to the subje6ls of one of the sovereigns, and does not contain any contraband goods, designed to be carried to the enemy of the other, it shall not be liable to confiscation, but shall be released, together with its cargo, in order to proceed on its voyage. ir C'Z master of the ship named in the passports should happen to die, or be removed by any other cause, and fTspoits in 1 • 1 • 1 1 1 • 1 1 1 1 force, tlio' another put m his place, the ships and goods laden thereon master die.. shall nevertheless be equally secure, and the passports shall remain in full force. Art: XXXIV. It is further provided and agreed, that the ships of either of the two nations, retaken by the pri\ateers of the other, shall be restored to the former owner,. •1 I 11 86 FRANCE. ■! i. og owner, if they have not been in the power of the enemy T. c. VER- for the space of four and twenty hours, subje6l to the ^^^^^^^- payment, by the said owner, of one third of the value of the ship retaken, and of its cargo, guns and apparel; which third part sluiU be amicably adjusted by the parties concerned; but if not, and in case they should disagree, they shall make application to the officers of the admiralty of the place, where the privateer which retook the cap- tured vessel shall have carried her. If the ship retaken has been in the power of the enemy above four and twenty hours, she shall wholly belong to the pi ivateer which retook her. In case of a ship being retaken by any man of war belonging to his Britannick majesty, or to his most Chris^ tian majesty, it shall be restored to the former owner, on recrSies ^^J^^'^^^ of the thirtieth part of the value of such ship, and of its cargo, guns and apparel, if it was retaken within the four and twenty hours, and the tenth part, if it was retaken after the four and twenty hours; which sums shall be distributed, as a reward, amongst the crews of the ships which shall have retaken such prize. The valuation of th' thirtieth and tenth parts abovementioned shall be settled conformably to the regulations in the beginning of this article. ' Art: XXXV. Whensoever the ambassadors of either of their said majesties, or other their ministers having a public charafter, and residing at the court of the other prince, shall complain of the injustice of the sentences which have been given, their majesties shall rcspeftivcly cause the same to be revised and rc-examincd in their councils, "I FRANCE. 87 councils, unless their councils should already have decided og thereupon, that it may appear, with certainty whether t.c. ver- the dircdions and provisions prescribed in this treaty have ^^"'^^^' been followed and observe^. Their majesties shall like- wise take care that this matter be effe6lually provided for, and that justice be done to every complainant within the P.end''"g /c- J -' *• _ vision or space of three months. However, before or after judg- sentences, ment given, and pending the revision thereof, it shall not leii 01 to im- be lawful to sell the goods in dispute, or to unlade them, ^'^^'^ ^"°'*'^" unless with the consent of the persons concerned, for pre- . venting any kind of loss ; and laws shall be enaEled on both sides for the execution of the present article. Art: XXXVI. If any differences shall arise respe6ling the legality of prizes, so that a judicial decision should become necessary, the judge shall direft the eflfccls to be unladen, an inventory and appraisement to be made there- of, and security to be required respeclively from the captor for paying the costs ^ in case the ships should not be declared laxcful prize, and from the claimant for paying the value of the prize, in case it should be declared lawful : which securities beinsr given by both parties, the prize shall be Sentence c> o J 1 ' r |„,t to l)c delivered up to the claimant. But if the claimant should susiKmio l refuse to give sulficient security, the judge shall direct the i?jSi'ty prize to be delivered to the captor, aftci* having received ^ ^'^'^"* from him good and sulficient security for paying the full value of the said prize, in case it should be adjudged illegal. Nor shall the execution of the sentence of the judge be suspended by reason of any appeal, when the party against whom such appeal shall be brought, whe- ther claimant or captor, shall have given sullicicnt secu- rity for restoring the ship or elfefts, or the value of such ship HI ^^^^ ss HwJ ' i ^^Wl '-' , iWffliJ p; ^11 'til I >nii FRANCE. J gg ship or eflre6ls, to the appellant, in case judgment sliould T.c.vER- be given in his favour. SAILLES. Art: XXXVII. Incase any ships of war or merchant- men, forced by storms or other accidents, be driven on rocks or shelves, on the coasts of cither of the high con- tra6ling parties, and should there be dashed to pieces and shipwrecked; all such parts of the said ships, or of . the furniture or apparel thereof, as also of the goods and merchandizes, as shall be saved, or the produce thereof. Ships driven shall be faithfully restored, upon the same being claimed by stornSl or t)y the proprietors, or their faftors, duly authorized, pay- \vreckeci, to jj^g Qj^jy jj^g expcnccs incurrcd in the preservation thereof, paying sal- according to the rate of salvage settled on both sides; ^^' saving at the same time the rights and customs of each nation, the abolition or modification of which shall how- ever be treated upon, in the cases where they shall be contrary to the stipulations of the present article; and their iTPJesties will mutually interpose their authority, that such of their subjefts, as shall be so inhuman as to take ad- vantage of any such misfortune, may be severely pu- nished. Art: XXXVIII. It shall be free for the subje6l:s of each party to employ such advocates, attornics, notaries, soli- Subjefts of citors and faftors as they shall think fit; to which end the may employ Said advocatcs and others abovementioned, shall be ap- tJiiiTfi't*^^^ pointed by the ordinary judges, if it be needful, and the judges be thereunto required. Art: XXXIX. And for the greater security and liberty of commerce and navigation, it is further agreed, that both the king of Great Britain, and the most Christian king, FRANCE. 89 king, shall not only refuse to receive any pirates or sea- 1786. rovers whatsoever into any of their havens, ports, cities, t. c. ver- or towns, or permit any of their subjefts, citizens or in- IL habitants, on either part, to receive or proteft them in their ports, to harbour them in their houses, or to assist them in any manner whatsoever; but further they shall cause all such pirates and sea-rovers, and all persons who shall receive, conceal or assist them, to be brought to con- dign punishment, for a terror and example to others. And pij^^^E, all their ships, with the goods or merchandizes taken ruc—3i' . v Art: XLIII. Their majesties shall respeftively be at liberty, for the advantage of their subjefts trading to the kingdoms and dominions of either of them, to appoint therein national consuls, who shall enioy the right, im- ^ , , ., 11- 1 1 r 1 • Consuls to munity and liberty belongmg to them, by reason of their be appoint- duties and their funftions; and places shall hereafter be ^ ' agreed upon where the said consuls shall be established, . as well as the nature and extent of their fun6lions. The convention relative to this point shall be concluded im- mediately after the signature of the present treaty, of which it shall be deemed to constitute a part. Art: XLIV. It is also agreed, that in whatever relates to the lading and unlading of ships, the safety of mer- chandize, goods and effefts, the succession to personal brrecipm-*" estates, as well as the proteftion of individuals, and their caiiy enjoy. personal liberty, as also the administration of justice, the subje6ls of the two high contra6ling parties shall enjoy in their rcspedive dominions, the same privileges, liberties and rights, as the most favoured nations. Art: XLV. ' If hereafter it shall happen, through in-* advertency or otherwise, that any infraftions or con- traventions of the present treaty should be committed on N 2 either 1786. T. C. VER- SAILLES. ,S« FRANCE. either side, the friendship and good understanding shall not immediately thereupon be interrupted; but this treaty shall subsist in all its force, and proper remedies shall be pro- cured for removing the inconveniencies, as likewise for the reparation of the contraventions : and if the sabjefts tbnof th"*^" °^ either kingdom shall be found guilty thereof, they only treaty to be shall bc punished and severely chastised. remedied. * ' Art: XL VI. His Britannick majesty and his most Chris- ilan majesty have reserved the right of revising and re- examining the several stipulations of this treaty, after the term of twelve years, to be computed from the day of pas- sing laws for its execution in Great Britain and Ireland re- speftively, to propose and make such alterations as the tiraes and circumstances may have rendered proper or necessary for the commercial interests of their respeftive subjects ; and this revision is to be compleated in the space of twelve months ; after which term the present treaty shall be of no effeft, but in that event, the good harmony and friendly correspondence between the two nations shall not suffer the least diminution. Duration of treaty. f^^Hw^ . ll Form FRANCE. 93 Form of the passports and sea-letters which 1786. TiC.VER- are to be granted by the respeSiive admi- sailles. ralties of the dominions of the two high contraSiing parties to the ships a?id vessels sailing from thence, pursuant to the Q4fth article of the present treaty, N.N, 1.0 all those who shall see these presents, greeting. Be it known that we have granted licence and permis- sion to N. of the city (or place) of N. master or com- mander of the ship N. belonging to N. of the port of N. burthen tons or thereabouts, no.v Form of lying in the port or haven of N. to sail to N. laden with fjJJJd to'in N. the said ship having been examined before her depar- the Hth ar- ture, in the usual manner, by the officers of the place sent neaiy. appointed for that purpose. And the said N. or such other person as shall happen to succeed him, shall produce this licence in every port or haven which he may enter with his ship, to the officers of the place, and shall give a true account to them of what shall have pi^ssed or hap- pened during his voyage; and he shall carry the colours, arms and ensigns of N during his voyage. In witness whereof, we have signed these presents, and set the seal of our arms thereto, and caused the same to be countersigned by N at day of in the year, &c. &c, Cd* The Form of the certificate mentioned in the 24th article of this treaty, is not added hereto ; but the Form of the ' ' like 94 1786. T. C. VER- SAILLES. FRANCE. like certificate required by 2\st art: of the treaty of commerce of Utrecht in 1713, as also the Form of the oath to be taken on obtaining the passport, are subjoined to the treaty of Utrecht, page 47. The preceding articles of the treaty of commerce of Versailles, seem to correspond with the following ar- ticles of the treaty of commerce of Utrecht in 1713, except some few variations. T.C.yenT.C.UtrA T.C.rer: T.C.Utn T.C.VenT.C.Vtr. T.C.Vtr. T.C.Utrt Art: I - Art: i Art: 15 - Art: ii Art: 26 - Art: 24 Art: 37 ■ Art: 33 2 - - 2 16 - - 15 27 - - 25 38 - - 34 3 - * 3 17 - - 14 28 - - 26 39 - - 35 4 - - 4 18 - - 12 29 - - 27 40 - - 36 5 - - 5 19 - - 16 30 - - 28 41 - - 37 7 - - 6 20 - - 17 31 - - 29 42 - - 39 10 21 - - 18 32 - - 30 43 II 22 - - 19 33 44 : :{ " - - 38 12 23 - - 20 34 13 "4 - - 9 ^ : -.{% 35 - - 31 36 - - 32 45 25 22 The articles which do not appear to be in the treaty of Utrecht are the following : In respe61: to Goods, omitted in Entry. ^' Provision, should Goods be prohibited. Capitation Tax, no longer to be paid. •' Touching Bounties on Goods. Art: 33. What Proofshall be requisite in time of War. Art: 34. Salvage on Recaptures. ^ Art: 43. Respefting Consuls. Art: 10. Art: 11. Art: 12. Art: 13- Convention FRANCE. 95 Convention between Great Britain and France, p^"-"J,v Lew.XVI. 1787. C. VER- signed at Versailles, January 15, 1787. SAILLES. Treat: 1790. Vol: I. P. 544. Article V. It is also agreed, that the stipulations in the 18th article of the tre?ity shall not be construed to derogate from the Explanatory privileges, regulations and usages already established in ^* ^^nlx\\ti; the cities or ports of the respective dominions of the tv^^o ^'S'^* ;^- '^• sovereigns: and further that the 25th article of the said treaty shall be construed to relate only to ships suspe6led of carrying, in time of war, to the enemies of either of the high contracting parties, any prohibited articles, de- nominated contraband; and the said article is not to hinder the examinations of the officers of the customs, for the purpose of preventing illicit trade in the respeftive dominions. « Art: VI. Their majesties having stipulated, by the 43d article of the said treaty, that the nature and extent of the functions of the consuls should be determined, " and « that a convention n-^lative to this point should be con- or" invcmi- joy " eluded immediately after the signature of the present °i"^ \°^"J " treaty, of which it should be deemed to constitute a allowed tire „ . . 1 , , • 1 1 • . . ,, most fiivoiir ** part. It IS agreed that the said ulterior convention shall cd nation. be settled within the space of two months, and that, in the mean time, the consuls general, consuls, and vice- consuls shall conform to the usages which are now ob- - served. K| 1 ' Mi 11 .. ,1 H' '' Hi ! 9S 1787. C. VER- SAILLES. FRANCE. served, relative to the consulship, in the respective do'' minions ? the two sovereigns; and that they shall enjoy all the p. vileges, rights and immunities belonging to their office, and which are allowed to the consuls general, consuls, and vice-consuls of the most favoured nation. Art: VII. It shall be lawful for the subjefts of his Forrecovcry Britannick majesty to prosecute their debtors in France, for the recovery of debts contrafted in the dominions of his said majesty, or elsewhere, in Europe, and there to bring aftions against them, in conformity to the practice of law in use in the kingdom : provided that there shall be the like usage in favour of French subjefts, in the European dominions of his Britannick majesty. of debts. Geo. 111. Convention between Great Britain a?id Prance. Lew.XVI. . t • .* 1787. signed at Versailles, August 31, 1787. C. VER- SAILLES, Treat: 1790. Vol: I. P. 5§o. Difficulties having arisen in the £^1^^ /w^eVi, re* lative to the meaning and extent of the 13th article of the Explanatory t^aty of pcacc, signed at Versailles, the third of September of 13th ar- 1763, his Britannick majesty and his most Christian majesty, ty of 1783. with a view to remove every cause of dispute between their respeftive subjefts in that part of the world, have thought proper to make a particular convention, which may serve as an explanation of the 13th article abovementioned. Art: I. (( (( FRANCE. §r Art: I. His J5ni^nmc^ majesty again engages " to take g,^ such measures as shall be in his power for securing i. ver- to the subje6ls of France a safe, free and indcpendant '^"•'''^^- " trade, such as was carried on by the French East India *' company," and as is explained in the following articles, " whether they exercise it individually, or as a com- ^l^'^^'J^^]'^''' " panv," as well in the nabobship of Arcot, and the secure to . . _, . . , . Frtirue a free countries of Madura, and Tanjore, as m the provmces trade in /W/Vi of Bengal, Bahar, and Orixa, the Northern Circars, and in ^Jslfpccir general in all the British possessions on the coasts of Orixa^ ed. Coromandel and Malabar. Art: VI. His Britannick majesty engages to take mea- sures to secure French subjefts without the limits of the i,„partiai ancient faftories abovementioned, an exa6l and impartial insticcsc- .... p . . . ., . ^ , . curi-cl to admmistration ot justice, in' all matters concerning their /"^rW^ sub- persons or properties, or the carrying on their trade, in ^'^'" ^" the same manner and as effectually as to his own subjefts. Art: VII. All Europeans, as well as natives, against whom judicial proceedings shall be instituted, within the limits of the ancient faftories abovementioned, for offences as well as committed, or debts contrafted, within the said limits, and ghclfup'to* who shall take refuge out of the same, shall be delivered J"''"'^^- up to the chiefs of the said factories : and all Europeans, or others whosoever, against whom judicial proceedings shall be instituted, without the said limits, and who shall take refuge within the same, shall be delivered up by the chiefs of the said fadories, upon demand being made of them by the government of the country. i O Art: VIII.. i :* ^ FRANCE. 1787. Art: VIII. All the subjefts of either nations respc6lively, ^ail!es. ^^° ^^*^^ ^^^ refuge witliin the fu6lories of the other, subjedts to shall be delivered up on each side, upon demand being be delivered made of them. up. • "■ i\ ". 1-' >* TREATIES 57 /• • * t -c % n 1 '■. .-?.■> TREA TIES WITH SPA I N. { ,;^^..,. Treaty of Peace and Commerce between England and Spain, concluded at Cambraj, August 5, 1529. Corps Dip: Tom: IV. Part II. P. 42. This is the Jirst perpetual Treaty betxveen England and Spain, after the Union of the Kingdoms of Castile and Arragon in the person of Charles I. of Spain, afterwards Emperor, under the Title of Charles V. Article I. XT is agreed and concluded, that from this day there shall be a good, sincere, true, intire, perfeft and firm friendship, league, confederacy, peace and union by land, sea, and fresh waters, to endure in all future times be- tween the two princes, their heirs and successors, and their kingdoms, countries, dominions, lands, vassals and subjeds whatever, present and to come, of whatever de- Hen.VIII. Char. V. Einpcror, and King of Spain. 1529- T. CAM- BRAY. Perpetual peace,union, and free in- tctcourse. 02 gree T. CAM- BRAY. 100 SPAIN. gree or condition they are; so that the aforesaid vassals and subjefts on both sides shall be bound mutually to favour each other with sincere and honest affeftion; and they may safely, freely, and securely go as well by land and sea, as fresh waters, and enter into the said king- doms, countries, dominions, lands, cities, towns and places, fortified or unfortified, and all their ports or dis- trids whatever, or any of them; and there abide and have intercourse as long as they please; and there buy and sell provisions and all other necessaries whatever without contradi6tion ; and may likewise go, depart and return from the said kingdoms, countries, lands, cities, towns, villages, • '' ports and districts whatever, or any of them, as often as •i . they please, to their own countries, or any other foreign parts whatever, with their own or hired or borrowed ships, waggons, carriages, horses, armour, merchandizes, packs, goods, and all other things whatever, in the same man- ner as they might do in their own countries, or as the native subjefts of those places and countries might: so that they shall not need any safe-conduft, or general or special licence, nor be obliged to ask for such safe-condud or licence in any of the aforesaid places. ^, ., Art: II. Neither of the said princes, nor any of their Neither par- i n n , ^ ty to attempt hcirs or succcssors, shall act, do, treat, or attempt any agJiniuhe thing against the other, either upon laftd or by sea, or in other. tjie countries, ports, or fresh waters, upon any occasion; nor giv^e any aid, council, countenance or consent, in case of any invasion, which may be made, intended or attempted, by any others whatever, to the injury or prejudice of die other prince, his heirs or successors. Art: III. SPAIN. 101 Art: III. Neither of the said parties shall give any aid, 1.529. council or countenance to the known enemies of the other t.Vam party, intending or endeavouring to invade him either by land, sea, or fresh waters, in any lands, kingdoms, Ncitheipar- countries, cities, or dominions whatever, or wherever :,'iatotiie situated ; nor knowingly suffer such enemies to enter into, [J^'oluVr. or pass through his kingdoms, countries, lands, cities and dominions ; nor in any manner favour any such designs. Art: V. That if during the aforesaid peace and amity any thins shall be attempted, afted, or done against the thi^ peace force and effeft of the same, by land, sea, or fresh waters, notwitii- by any of the vassals, subjefts and allies of the said princes, vioiuLmof' their heirs and successors, or by the heirs and successors, y',]!] .^J^'^^yf vassals or subjects of their allies, who are comprehended either party. in this treaty, yet, notwithstanding, this peace and amity shall remain in their full force and effeft, and only the persons attempting such things, and doing the mischief, shall be punished for such their attempts, and no others. 110 ucc. Art: VI. Whenever it shall happen, that the subje6ls of the king of England shall be any way hurt or injured by the subjefts of the Emperor, or tliat the subjedis of the n^pSaism- said lord the Emperor shall be hurt or injured by the 'i';"!'"" "<" subje6ls of the^ king of England, those, who have not «it!"Hitiiiic done the injury, shall not therefore be liable by letters of reprisals, marque or countermarque, or any other orders or commissions whatever, without due and pre\'ious no- tice or summons, either upon the petition of the person injured, or some other way, to be arrested in theii* persons or goods, or to be any way obstru*• ■,'-: %i- V ,i .'J A' . ,-, • I , ■'•■ -y: Treaty 112 SPAIN. Char.' il Treaty of Peace and Conunerce betweeyi Great ^ 7" Britain and Spain, concluded at Madrid, T. MADRID May 23, lfi67. '• '.' peace and amity be- tween the two crowns. Corps Dip: Tom: VII. Part I. P. 27. Pap: Off: C. 6. • • - , Treat: 1790. Vol: II. P. 5. '' ' • ■ '"''"' ' ' Article I. J.T is agreed and concluded that there shall be an universal, good, sincere, true, firm, and perfe6l amity, confederation and peace, between the crown of Great Britain on the one part, and the crown of Spain on the other; and also between the regions, countries, kingdoms, dominions and territories belonging to, or under the obedi- ence of, either of the said kings, which shall endure from this day for ever, and shall be inviolably observed, as well by land as by sea, and on all waters ; and that the sub- jefts and people of the said kings, and the inhabitants of their dominions, of what degree or condition soever, shall reciprocally help, assist, and shew to each other all kind of benevolence and mutual good offices and friendship. Art: II. Neither of the said kings, nor their respec- tive people, subje6ls or inhabitants, within their dominions, Subjcftsof shall, upon any pretence whatever, either openly or se- not to injure crctly attempt, do, or procure to be done, an thing, other ° ^ which may be of damage or detriment to the other party, in any place whatever, either by sea or land, or in ports or rreat Irid, be an amity, ■ Great on the igdoms, : obedi- :e from as well le sub- I'dbitants soever, other :cs and respec- linions, or sc- thing, party, in ;iorts or 1667. T. MADKID. Free adiiut- taiicc to the siibjedU on both sides into all pla- ces u'lcre cor liu ' :e hath '..rcto- fore been usually car- ried oil. SPAIN. i»3 or rivers; but they shall treat each other with all love and friendship. Moreover each party shall have free and safe access and admittance, as well by sea as by land, into the countries, kingdoms, islands, dominions, cities, towns walled or not walled, fortified or not fortified, of the other party; and likewise into their harbours and ports, wheresoever trade and commerce were usually carried on heretofore ; so that every person on either side may buy, sell, and cany on all maimer of trade and trafTick, in what place so ever he will, belonging to the other party, not less freely and securely than citizens themselves with their fel- low citizens and countrymen, or any other foreign people whatever, who have liberty to frequent the said territories and dominions of either party. Art: III. The kings of Great Britain and Spain shall Subjeasof . o . • o cither party take most special care, that their respective subjeas and not to con- people do from henceforward abstain from all force, wrong, lencc"^ ^'"' and violence to each other. . • Art: IV. That between the king of Great Britain and king of Spain, and their respedlive subjefts, people and ^^^^ iJij^^ty inhabitants, there shall be allowed on both sides a free li- of trading on berty and power or trading, and 01 instituting and carry- mi places, ing on all manner of commerce, as well by sea as by land, mcrcc hnth and upon all waters, throughout all and singular the king- "J":SSo^^" doms, countries, territories, provinces, islands, colors ies, . . ' ^ . ' , . Art: 7. T. of cities, towns, villages, ports, rivers, creeks, bays, straits London, and currents, under the obedience of either king, where '^°'^" trade or commerce hath at any time heretofore been usually carried on ; so as, without letters of safe conduft, or other form of general or special licence, the people and subjects Q on . I' V! , ■!■•; 114 1667. T. MADRID. SPAIN. on both sides may, as well by land as by sea. and upon the fresh waters, freely navigate and pass into the coun- tries, kingdoms, dominions, cities, ports, currents, bays, distrifts, and other places whatever, under the obedience of either of the confederates ; and may come and enter into any ports whatever, as they shall think fit, with their ships loaded or not loaded, and with all kind of merchant ships and cai riages whatever ; and when they have en- tered into such ports, they may buy, sell and barter all kind of merchandize whatever, of what value or to what quantity so ever ; they may likewise provide themselves at just and usual rates with victuals, and all kind of pro- visions necessary either for their subsistence or voyage ; and may repair and fit out their ships, and other vessels of burthen, and carriages ; and likewise remove from thence, and freely depart with their ships and other vessels of burden, goods, merchandizes and effetls, wheresoever they shall think fit, whether they think proper to return to their own count ies, or to proceed elsewhere, without any mo- lestation or impediment ; saving always, on both sides, the rights, customs and duties to be demanded and paid; saving likewise the laws and ordinances, which have been made and observed throughout the several dominions and countries of both the said kings. Art: VIII. For what may concern both the Indies, and Aiipriviicges ^jiy other parts whatever, the crown of Spain dotli grant \\\cDutcbhy to the king of Great Britain, and his subjects, all that j»/«w/«^aie was granted to the United States of the Low Countries by fSw/V^ the treaty of * Munster, made in the year 1648, in as strong and ample a manner, as if the same was here in- serted, in every article and point thereof, without the least omission ; SPAIN. 115 omission; the same laws being to be observed, to which ^^g the subjeib of the said United States are bound, and mutual offices of friendship to be performed on each side. MADRID. * See the treaty of Munster at the end of this treaty. Ships of Ct. lii-tnin sailing to- wards, or en- tering, the ports ot Spain, i:ot to be searched or vibitctl- Art: X. The ships and all other vessels, belonging to the king of Great Britain or his subjects, when they sail towards, or enter into the dominions or ports of the king of Spain, shall in no wise be subjeft to any visitation or search by the officers and judges of prohibited goods, or any others whatever, either by virtue of their own or any other authority; nor shall any soldiers, armed men, officers, or any private persons whatever, under the name, of a guard or watch, or on any other pretence whate\'er, be put on board any of the said ships or vessels. Art: XIII. It shall be lawful for the ships of the people and subjeds of either of the confederates to cast anchor ships of ei- in the coasts, bays, or any stations, or roads, for ships be- IicratMilay longing to the other confederate, without being in any S,fthc"''"" coasts manner constrained to enter into any neighbourine port • "•" ''"•^''^ "^ 1- iir It ^ ° ^ ' the other— and in case any ship, being forced by stress of weather, or danger of enemies or pirates, or by any other accident, should be necessitated to come into port, provided it ap- pears, that she is not bound to an enemy's port with pro- hibited goods, commonly called contraband, (concerning ai.a \n■\^^f, whicli she shall not be questioned without clear proofs,) ^"^'r^;!!""* such ship may sail out of port at any time and return to "'=''' '"" *"'^f' sea without any impediment whatever; upon condition limmV.r' ho\vevcr, that the cargo remains untouched, and lliat no "^S^ part of it is exposed to sale; but, when anchor is cast, and Q2 tlie 1^; r 1 Jii >, / 116 1667. T. MADRID. m ships of war and priva- teers to keep ut a distance from mer- chant sliips ; and only to send a boat with two or three men on board to ex- amine the papers. SPAIN. the ship is stationed in port, to prevent all trouble whatever about visiting or searching, it shall be sufficient to have in readiness, and produce, letters of safe-conduft, or other papers setting forth the intended voyage and certificates of the cargo : which being exhibited and shewn to the officers of either king, when the matter requires it, such ships shall be permitted to pursue their intended voyage without farther molestation. Art: XIV. The ships of war, whether they belong to either of the said kings, or are privateers belonging to the subjefts of either, when they meet with any merchant ships either riding at anchor or sailing in the open sea, shall keep without cannon shot of them, and shall not approach nearer, in order to prevent all damage and violence; but they may send their boat or pinnace with two or three men only on board any merchant ship, to whom the master or owner shall produce his passport and sea letters, prepared according to the form annexed to this treaty; whereby they may be certified not only of the merchandizes, with which the ship is laden, but also of the place, to which she belongs within the dominions of either king, and of the name of the ship, master and owners; by which means it may be sufficiently known what sort of goods are on board her, and whether there are any such as are prohibited or contraband; and who is che master or owners and what kind of a ship it is: moreover such passports and sea letters shall be of the greater and more undoubted credit and authority, because, as well on the part of the king of Great Britain, as of the king of Spain, they shall be corroborated (if it is necessary) with certain countersigned certificates, by virtue of which they may SPAIN. may become more authentick, and the imposilion of false' passports, may be prevented. Art: XV. If any prohibited merchandizes or goods are exported out of the kingdoms, dominions or territories of either king, by the people or subje6ls of the other, in such case the prohibited goods only, and no other, shall be confiscated ; nor shall the delinquent in such case incur any farther penalty, unless he conveys away and exports out of the kingdoms or dominions of Great Britain any money or proper coin of that country, or wool, or what they call fullers earth ; or out of the dominions of the king of Spain any gold or silver, either coined or uncoined ; in which cases the laws of each country shall on both sides have their full force and effect. Art: XVI. The people and subjects of either king may come to and enter the ports of the othei", and there abide and remain, and depart from thence with the same liberty and freedom on botli sides; and that, not only with their merchant sliips and other vessels used for trade and commerce, but likewise with ships of war fitted out either to resist or attack the enemy; and, if their ships are driven in by stress of weather, they may both repair tlieir ships and furnish themselves with provisions, as they may ha\T occasion; so as the number of ships, entering in of their own accord, may give no just cause of suspicion; \J-«ich, if they are ships of war, are not to exceed the num- ber of eight ; nor shall they continue within the bays or roads, or in the neighbourhood of the ports, any longer time than shall be judged necessary for the repair of their ships, or ihc taking in {provisions ; much less shall they be the 117 1667. T. MAOKID. Prohibited goods ex- ported arc to be confis- cated, and no other. Save goods specified in which case tlic lawsshall have their hill force. All ships of either nation freely to en- ter, icmaiu in, and de- part from any ports of the other. Driven in!)y .stressofwca- tlier may re- j)air,aiul fur- nish thein- schc.-. with proviiions. Shi|>3 of war not to exceed eijilit. im fA\ m li . V <• y.; 1667. 'J'* AfAnRfO. Not to stay longer than necessary ; or interrupt the com - merce of the place. Ships of war, more than usual, not to enter into port, or ca.:t anchor, with out permis- sion. 118 SP/.IN. the cause of any inN-f^riTnticn or molestation of the com- merce, or hinder the approach or entrance of any ships belonj^ing to any other nation whatever at peace with the king, to whom such port belongs. But, when a greater number than usual of ships of war shall by some accident approach any port, it shall not be lawful for them to enter into port, or cast anchor vi ^hc road, without having first obtained a permission to enter from the king himself, or from the governor of such port, unless they are forced in by the \'iolence of a storm, or to avoid some imminent danger at sea ; in which case they shall signify the cause of their arrival as soon as possible, to the governor of the port or chief magistrate of the place ; and they shall not continue there any longer than such governor or magistrate shall judge proper and expedient, much less shall they commit any aft of hostility, against any others being in the same port, which may prove of prejudice to either of the said kings. Art: XVIII. The merchants and subjefts of both kings, and their agents and servants, as also their ships, masters and mariners, both in going and returning, as well upon kinds T''" ^^'^ ^^^ other waters, as in the havens and ports of either (W; ty, may carry and use all kind of arms, both offensive and defensive, without being obliged to register the same ; they may likewise carry and use any portable arms upon land, if they please, for their private defence, according to the custom of the place. Ships and subjefts of both nations arms. Tree naviga- tion and iiaf- fick With all neutrals. Art: XXI. The subjcfts and inhabitants of the king- doms and dominions, under the obedience of the kings of Great Britain and SJfain respccUvcly, may with uli secu- rity .r- ^K'- wm^ SPAIK 119' nty and liberty na /igate and Lrailicl^ throuj^hcut all the gg kingdoms, states and countries, culti": ' •n'^, peace, amity and t. neutrality, with either of the said 1 ir ;^s. MADRID. Art: XXII. The ships or subjet , of either of the said kings shall in no way interrupt the said liberty by any hin~ ^^J^^.^f,^,'"" derance or disturbance whatever, by reason of any hos- mcicc not to tility, which now is, or may be hereafter between either eii by either of the said kings, and any other kingdoms, dominions and ^^^^^' states, being in friendship or neutrality with tlie other party. Art: XXIII. And in case any prohibited goods, com- monly called contraband, which are specified in the fol- i''o'|'i"t«i J ' i^ _ goods to be lowing article, shall be discovered, by the abovesaid means, contiscatcci, to be on board, they shall be taken out of the ship, & the good!; and legally proceeded against and confiscated by th'," (!"!,,|™'^^o judges of the admiralty, or other competent judges; b'.il ^'t'-"- so as the ship itself, and the other free and allowed goods, found in such ship, shall in no wise be seized or confis- cated on that account. Art: XXIV. Moreover, >- pre cnt, as far as may be, all controversy, which rr aiise concerning such goods as are to be deemed prohibited or contraband, it is declared and agreed, that under that ruiv?' are compreheruled all ^o7ki''' "'' fire-arms as warlike ordnaiice, inusquets, mortar-picccs, tiiUd. petards, bombs, granadocs, fuvr-crancels, fire-balls, car- riages of guns, musquet-rests, bandelicrs, gunp >wdcr, match, salt-petre, bullets and balls; likewise under die same name of prohibited goods are comprchci.ded all other kinds of arms, as pikes, swords, helmets, breast- plates, ii ¥\ i.fjfi I •.! I Si I ( \ ' \ 1 1' I : 0' -^1 1 P^^Em ^ . 1. -' ,- '4. * ■ 1 I ■ 1 ■ . ■ 1 1 ' 1 t 11. i ^ : n mm v^imBm^^ Hi 120 1667. T. MADRID. Goods, not contraband specified. All goods laden by cither party on board an cntmy'b ship, to be confibcnted. Subjet'^s of both nations to enjoy all privileges, granted by either to any other itatc. SPAIN. plates, halberts, javelins, and such like; on the same account likewise is prohibited the transportation of soldiers and horses, together with their harnesses, cases of pistols, holsters, belts, and all kinds of warlike furniture what- ever. Art: XXV. Likewise for the avoiding all matter of dispute and contention, it is agreed, that under the name of goods prohibited and contraband are not comprehended corn, wheat, or any other grain or pulse, salt, wine, oil, or any thing serving for the nourishment and support of life; but that they shall remain free; as likewise all other goods not mentioned in the foregoing article, the trans- portation of which shall be allowed even to places belong- ing to enemies, excepting cities and places besieged and blocked up. Art: XXVI. Whatsoever shall be found laden by the subjefts and inhabitants of the kingdoms and dominions of either of the said kings on board any ships, belonging to the enemies of either of the said kings, though such goods should not be of the prohibited kind, they shall be confiscated, together with all things else, which shall be found within any such ship, without exception or reserve. Ari: XXXVIII. The people and subje6ls of either of the said kings shall have and enjoy in the lands, seas, ports, havens, roads, and territories of the other, and in all other places whatever, all the same privileges, secu- rities, liberties and immunities, whether they concern their persons or trade, which have been already granted, or hereafter shall be granted, by either of the said kings, cither T. MADRID. SPAIN. 121 either to the most Christian king, or to the States General of gg the United Provinces, or to the Hanse-towns, or to any other kingdom or state wha^^'^oever, by their treaties or royal cedulas, with all the beneficial and favourable articles and clauses contained in such grants, in as ample manner and form, and to as full and valid efteft, as if the same were particularly transcribed and inserted in this present treaty. Gd^ It being stipulated by the 26th article, that the goods laden by the subjeEls of either party on board the ship of an enemy, should be confiscated — Spain therefore claims the privilege of proteding the goods of the enemy on board Spanish ships. li.' I- 1 Formula literarum cer. tificatoriarum, qui- bus urbes et portus maritimi naves et iiavigia inde solven- tia dimittant. OMNIBUS et singulis, ad quos prcesentes liter ce per- venerint, Nos prafeBi, con- sules, aut supremus viagis- tratus, aut teloniorum aut The form of the pass- port or certijicatory letters, to he given by the towns and sea ports to the ships a?id vessels setting sail from thence. TO all, to whom these presents shall come, We the governors, consuls, or chief magistrate, or com- missioners of the customs R of ■ ." '/i 122 1667. T. MADRID. SPAIN. custumarum commissar ii ur- of the city, town, or pro- vince of A^. do testify and make known, that A^. N. master of the ship N. hath before us on solemn oath declared, that the ship A^. of tons (or there- abouts) of which he is at present master, dolh belong to the inhabitants of N. in the dominions of the most serene king of Spain : and we, being desirous that the said master may be well used and assisted in his voyage and business, do intreat all persons, who shall meet him, and those of all places, where the said master shall come vvith the said ship and merchandize, that they would admit him favourably, treat him kindly, and receive the said ship into their ports, bays, ha- vens, rivers and domini- ons, permitting her quietly to sail, pass, repass, and trade there, or in any other places, as shall seem good to the said master, he pay- ing all duties and customs, which bis vel provincice N. notum testatumque facimus, quod N. N. magister navis N. co- ram nobis, mediante solemni juramento, declaravit, navem N. diSiam ton- narum {aut to circiter) capa- cem, cujus ipse est magister^ ad urbis N. N. incolas in do- miniis serenissimi regis His- paniorum, jure proprietatis et dominii pertinere : quo- niam autem in justis suis ne- gotiis et itineribus benigne acceptum et accommodatum vellemuSy omnes et singulas personas, quibus diHum ma- gistrum vel obviam Jieri, vel apud quos ilium cum navi sua & mercibus suis appellere aut subsistere contigerit, ut eum benigne admittant, hu- maniter traElent, eumque ad, in, & per portus, or as, sta- tiones navium, Jluvios & do- minia, navigare, meare, re- meare, et negotiari, prout ipsi visum fuer it, {illo interim veEligalia, aliaque tributa, quae debebunter, exsolvente,) permittant, rogamus ; quod JIt SPAIN. nos grato et benevolo animo, prout qfficiorum vices se ob- tulerint, agnoscemus. In cu- jus rei testimonium prcesentes literas manu signavimus, et urbis nostrce sigillo muniri fecimus. 123 which of right shall be due; 1667. T. which we will acknowledge gratefully upon the like oc- '"^°'^ '°' casions. In witness where- of we have signed these presents, and sealed them with the seal of our town. ExtraSi froin the Treaty of Munster, made between Spain and the States General in the year 1648, mentioned and referred to in the eighth article of the preceding Treaty of 1667, between Great Britain and Spain, and expressly taken into the said Treaty of 1667, by the eighth Article, and made part of the same, especially as to the Indies. Corps Dip: Tom: VI. Part I. P. 429. Treat: 1785. Vol: I. P. 10. 1667. T. MADRID. Extradtfrom treaty of Mu»ite>, 1648, made part of the above treaty of Madriil^ 1667. • Article IV. ^ X H E subjefts and inhabitants of the countries of his Catholic majesty and the States General shall hold a good correspondence and friendship together, without any re- sentment of past oIFences or injuries; and may likewise frequent and sojourn in the countries of each other, and carry on their trade and commerce therein with all safety, as well by sea and other waters as by land. R2 Art: VI. Good coiTC- sponcleiuc, free accc>s, and com- merce. 1 f!? \:a ':<■ ■:.}• 'J.-i'i 124 «:1 |i 1667. T. MADRID. Thcsvibjerts of lM)tli nati- ons not to sail or trade in places be- longing to either in the H^est Indies. SPAIN. Art: VI. And, as for the West Indies, the subjecls and inhabitants of the kingdoms, provinces, and lands of the said king and states respe^Hvely, shall abstain from sailing and trading in all havens, towns and places, where there are any forts, lodges or castles, and all other places possessed by cither party, viz. that the subjeds of the said king shall not ^ail and trade in the places held by the said states, nor the .^ubjeds of the said states in those held by the said king. Art: XI. Society, conversation and commerce, among not to be in- the rcspcftivc subjcfts shall not be hindered ; and, if ternipte . ^^^ hinderances or impediments happen, they shall be really and effedlually removed. Ships, mari ners, mer- chandizes, &c. of one party not to be arrested by the other, except for the sake of justice. Atr: XX. The merchants, masters of ships, pilots, seamen, their ships, merchandizes, commodities, and other goods belonging to them, shall not be seized and arrested, either by virtue of any general or particular commission, or for any other cause whatever, nor upon the account of war or otherwise, nor even under pretext of employing them for the preservation and defence of the country. It is not however hereby intended to comprehend the seizures and arrests of justice in the or- dinary methods upon account of the debts, proper ob- ligations, and valid contrafts of those, upon whom such seizures shall have been made, in which case adions and suits shall be carried on according to right and reason. Art: XXIII. Neither party shall land, or enter into, or stop at any havens, ports, shores or roads, belonging to the other party, with any ships of war in such number as. SPAIN. as may give suspicion, without the hcence and permission of him, under whose obedience such havens, ports, shores or roads are, unless they should be forced in by stress of weather, or some other necessity, and to avoid some danger of the sea. ]25 1667. T. MADRID. MADRID. American Treaty betxveen Great Britain and char! ir! Spain, Jbr composing differences, restraining ^ -J. depredations and all injuries, and establish- ing a good correspondefice in America, con- eluded at Madrid, July 8, 1670. Corps Dip: Tom: VII. Part I. P. 137. Pap: Off: C. 10. Treat: 1732. Vol: I. P. 162. Treat: 1785. Vol: I. P. 197. Treat: 1790. Vol: II. P. 34. Article I. X H E treaty of peace and friendship, made between the crowns of Great Britain and Spain, on the 13th day Tr^gt „f of May, 1667, ^^ ^"y clause thereof, shall in no wise '667 con- be deemed or understood to be revoked or abrogated by the present articles or convention; but the same shall for ever remain in it's former force, strength and vigour so far as it is not contrary or repugnant to this present treaty, or any articles thereof. Art: IL II lV:i IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^1^ 1^ la Hi |22 I.I ^ US, 12.0 m m II == m m Hiotographic Sciences Corporation SJ ^ iV \ \ *% ^ ^ 33 WIST MAIN STRUT WIBSTM.N.Y. I4SM (716)t72-4503 \ o 4io 126 •% iSjo. T. MADRID. Universal peace and amity in ^meriivi, and elsewhere. »r King of Gf. Britain to hold all he now pos sesses ' IFesf In, or in Ame SPAIN. Art: II That there be an universal peace, and true and sincere amity, as well in America as in the other parts of the world, between the kings of Great Britain and Spain, their heirs and successors, and also between the states, kingdoms, colonies, forts, cities, governments and islands, without any distinftion of places under the dominion of either, and between their people and inha- bitants respeftively ; which shall endure from this day for ever, and shall be religiously observed, as well by land as by sea, and in all waters ; so that the one shall promote the welfare and advantage of the other ; and ihe people shall assist and favour each other with ail mutual good will and friendly aflPeftion; and that good neigh- bourhood and true peace and amity may be cultivated and increase daily on all sides in those remote countries, as in those which are nearer. Art: VII. The king of Great Britain, his heirs and successors, shall have, hold, and possess for ever, with full right of sovereign dominion, property and possession, all lands, countries, islands, colonies and dominions W/v'r whatever, situated in the West Indies, or in any part of America, which the said king of Great Britain and his subjefts do at this present hold and possess: so that in regard (hereof, or upon any colour or pretence whatever, nothing may or ought ever to be urged, nor any question or controversy ever moved concerning the same hereafter. Art: VIII. The subjecls and inhabitants, merchants, captains, masters of ships, and mariners of the kingdoms, provinces, and countries of both kings respeftively, shall abstain and forbear from all commerce and navigation into the 127 SPAIN. the ports and places, which have forts, castles, or ware- houses for merchandise, and all other places, which are possessed by the other party in the West Indies ; to wit, the subj-^fts of the king of Great Britain shall not set on foot or carry on any traiFick, navigation or commerce, in the ports or places which the king of Spain holds in the said Indies ; nor on the other hand shall the subjefts of the king of Spain set on foot or carry on any navigation or com- merce to those places, which are there poffeffed by the king of Great Britain. Art: IX. But, if in process of time, either king shall think fit to grant to the subjefts of the other, any general or special licence or privilege of navigating and trading in any places belonging to the dominion of him, who shall grant such licences and privileges, the said navigation and commerce shall be exercised and maintained according to the form, tenor, and effeft of such permissions and pri- vileges, as shall be so allowed and granted; and this present treaty and ratification thereof shall serve as a guaranty for the same. Art: X. If the subjects and inhabitants of either of the au ships of confederates with their ships (whether they are publick o"*^ '^onfcde- ntc forced ships and of war, or merchant-ships and private property) into' the pin- shall be driven by stress of weather, or forced by pursuit bou?sof tl'e of pirates and enemies, or any other distress, for the sake ^i)':^'^^'" of shelter and harbour, to retreat and enter into any of ^haii be'weii the rivers, creeks, bays, havens, roads and shores what- ever, belonging to the other confederate in America, they shall be received and treated there with all humanity and. kindness, and enjoy all friendly protection; they shall likewise 1670. T. MADRID. Subjects of both kings to forbjar all commerce and naviga- tion in places possesseil by either party in the ircjt Iiulies, Licences be- ing granted by cither party to trade in the dominions of the other, commerce shall be ex- ercised ac- cording to the tenor of such licences. , 1; 1 » 128 1670. T. MADRID. SPAIN. likewise have intire liberty to refresh themselves, and provide themselves at reasonable and usual rates with provisions and all things necessary for the sustenance of their persons, or the reparation of their ships, and for facilitating their voyage : they shall likewise on no account be hindered on either side from departing and going out of such port or road ; but it shall be lawful for them to remove and depart from thence at their pleasure, when- ever and whithersoever they shall think fit, without any molestation or impediment. Art: XI. Likewise if the ships of either confederate, or of the subjefts of either, (which God forbid,) shall be stranded, cast away, or wrecked, or suffer any damage whatever on the coasts, or within any of the dominions of the other, it shall not be lawful to make prisoners of ships strand- the pcrsons SO cast away or suffering damage, or to carry cu orwrccK" 1*11 1 1 them mto slavery; but, on the contrary, the persons endangered or shipwrecked shall have all friendly as- sistance and relief, and be furnished with letters of safe-condu6l, so that they may pass from thence freely and without molestation, and every man return to his own country. Persons be longing to ed shall be pioteded. Ships of one party, three or four in number, driven into the ports of the othei", to signify the cause, and not to stay. Art: XII. But, when the ships of either party (as is abovementioned) shall, through the danger of the sea, or from any other urgent cause, be compelled and driven into the ports of the other, 'f they are three or four in number, and may give just ground of suspicion, the cause of their arrival shall be forthwith signified to the governor or chief magistrate of the place; and they shall not stay there any longer time, than shall be al- u ' lowed SPAIN. 129 lowed them by the said governor or magistrate, and shall g be convenient and reasonable for supplying themselves t. with provisions, and for repairing and fitting out their '^^°^'°' ships ; but care shall always be taken, that they do not dispose of their cargo, or carry out of the ships, and expose to sale, any of the goods or packs ; neither shall they receive any merchandize on board them from the other party, or do any thing contrary to this treaty. Art: XV. The present treaty shall not in any respeft derogate from any pre-eminence, right and dominion Confirma- whatever, of either of the confederates in the American rights of * seas, straits and waters whatever, but they may have and |j,°Jhe^^«l". retain the same to themselves, in as full and ample frt«se3s. manner as of right belongs to them. But be it always understood, that the freedom of navigation ought in no wise to be interrupted, nor any thing done, nor any offence committed, contrary to the genuine sense of these articles. .I'-i it W'i r Treaty 130 SPAIN. 1^ PHm'pV. Treaty of Peace hetwee?i Great Britain a?id Spain^ concluded at Utrecht, July 2, 1713. 1713- T. P< UTRECHT. Corps Dip: Tom: VIII. Part L P. 393. Pap:0£ C. 18. Treat: 1732. Vol: III. P. 470. Treat: 1785. Vol: II. P. 66. Treat: 1790. Vol: II. P. 40. Article VIII. Ti HAT there be a free use of navigation ana com- merce between the subjects of both kingdoms, as it was Free nayiga- heretofore in time of peace, and before the declaration tion and 0,1 • 1 - r ^i r -rr 1 • ^r.- commerce, of the late War, m the reign or Charles II. kmg 01 Spam, late w?r! ^ according to the treaties of friendship, alliance and commerce, which were formerly made between both nations, and according to antient customs, letters patent, cedulas, and other special a6ls ; and also according to the treaty or treaties of commerce newly made, or forth- with to be made at Madrid, Sub j efts of both parties to have the same immu- nities as the subjefts of France, or the most favoured nation. Art: IX. It is farther agreed and concluded, as a general rule, that all and singular the subje6ls of each kingdom, shall, in all countries and places on both sides, have and enjoy, at least the same privileges, liberties, and immunities, as to all duties, impositions, or customs whatever, relating to persons, goods or merchandizes, ships, freight, seamen, navigation and commerce; and shall have the like favour in all things as the subjeds 131 17 13- T. P. UTRECHT. All former treaties re- SPAIN. of France or any other foreign nation, the most favoured, have, possess, and enjoy, or at any time hereatter may have, possess, and enjoy. Art: XV. Their royal majesties do on both sides renew and confirm all treaties of peace, friendship, alli- ance and commerce heretofore made and concluded newedand between the crowns of Great Britain and Spain, and the said treaties are renewed and confirmed by this present treaty, in as full and ample manner as if they were now particularly inserted; that is to say, so far as they are not found contrary to the treaties of peace and commerce, which were last made and signed. And, whe*"eas it is insisted on the part of Spain, that certain right of fishing at the island of Newfoundland belong to the Guipuscoans, r other subjefts of his Catholic majesty, her Brttannick majesty consents and agrees, that all pri- /^w fishery. vileges, which the Guipuscoans, or other people of Spain, shall be able to make claim to by right, shall be preserved to them safe and intire. li! p! "\ 'I. I ■'•',8.1 m m S2 Treaty '%'' 132 Anne. SPAIN. T. C. UTRECHT, Philip V. Treaty of Navigation and Commerce betxveen ^7^3' Great Britain a?id Spain, conclnded at Utrecht, November 28, 1713.' Corps Dip: Tom: VIII. Part I. P. 409. Pap: OfF. C. 20. Treat: 1785. Vol: IT. P. 88. Treat: 1790. Vol: II. P. 108. Article I. H E treaty of peace, commerce, and alliance, con- cluded at Madrid between the crowns of Great Britain and Spain, the 13th day of May, 1667, is ratified and ofT667'^con. Confirmed by this present treaty ; and, for the greater corroboration and confirmation thereof, it hath been thought proper to insert the same here verbatim < > [^See the treaty of 1667, page 112.] Treaty of ptace and firmed. ■^£m iiili Their royal majesties do mutually promise, that they ^.bdons for ^ill faithfully perform and fulfill all and singular the the perform- articlcs of the preceding treaty, and all privileges, con- treaty, cessions, agreements, or other advantages whatever, arising to the subjefls on either side, which are con- tained therein ; and that they will at all times cause the same to be performed and fulfilled by their ministers, officers and other subjefts, so that the subjefts on each ^?a" of ^^^^ ^^y ^"joy ^^ ^^^^ efFefts of all and every of them. 2670 con- Moreover the treaty of 1670, made between the crowns of Great Britain and Spain, for putting' an end to all differences. 133 1713- T. C. UTRECHT. SPAIN. differences, restraining depredations, and establishing peace between the said crowns in America, is again ra- tified and confirmed, without any prejudice to any contrail or other privilege or licence, granted by his Catholic majesty to the queen of Great Britain or her subje6ls in the late treaty of peace, oi in the contra6t of Assiento ; as likewise without prejudice to any liberty or licence, which the subjefts of Great Britain enjoyed before, either of right, or by sufferance or indulgence. Art: VI. And as the use and liberty of navigation and Commerce ought to remain on both sides intire, secure, and free from all molestation, to the subjcfts of both their royal majesties, as long as the peace and friendship, entered into between their said majesties and their crowns, shall subsist; so likewise their majesties have thought fit to provide, that their said subjects shall not be deprived of that security, by reason of any sparks of discord, which may arise, but on the contrary they shall enjoy the full benefit of peace, as long as war shall not be declared between the two crowns. And six months it is farther agreed, that, if it should happen (which God the subjeas prevent) that war should arise, and be declared between "oTi'thdraw their majesties and their kingdoms, then, after the de- their efte«s J ° ' after a decla- claration of such a rupture, the space of six months shall ■ ation of be allowed to the subjefts of each party, residing in ^'"' the dominions of the other, in which they shall be per- mitted to withdraw with their fa Ues, goods, mer- s^emtnb.r. chandizes, effefts and ships, and to transport them, after «/Loiuion, having paid the due and accustomed imposts, either by sea or land, to whatever place they please; and they shall also be suffered to sell and alien their moveable and immoveable 1604. m, ^■W !?#• ''■ 1 I 'If J: 134 1713- T. C. UTRECHT. Swbjcds on each side to obtain speedy jus- tice for the recovery of their effeds, before the expiration of six months. SPAIN. immoveable goods, and freely and without any disturb- ance to carry away the price of them ; nor shall their goods, wealth, merchandizes or cflfefts, much less their persons, be in the mean time detained or molested by any seizure or arrest. Moreover the subje^^s on each side shall in the mean time enjoy and obtain quick and im- partial justice, by means of which they may, before the expiration of the six months, recover the goods and ef- fe6ls, which they have intrusted, as well to the publick, as to private persons. George Philip V T. MADRID. I Treaty of Commerce between Great Britain and Spain, concluded at Madrid, December 14, 1715. British sub" jefts to ga- ther salt at Itrtudos. Pap: OfF: C. 2i. Treat: 1732. Vol: IV. P. 81. Treat: 1785. Vol: II. P. 173. Treat: 1790. Vol: II. P. 172. Article III. Jtdl S Catholick majesty allows the subjefts of Great Britain to gather salt on the island of Tortudos, they having enjoyed that permission in the time of king Charles XL without interruption. Art: V. The British subjefis shall enjoy all the rights, privileges, franchises, exemptions and immunities what- ever, which they enjoyed before the last war, by virtue of the royal cedulas or ordinances, and by the articles of the SPAIN. the treaty of peace and commerce, made at Madrid in the year 1667; which is hereby fully confirmed; and the like shall be granted, observed, and permitted to the subjects of Spairit in the dominions of the king of Great Britain. 135 1715- T. MADRID. Art: VII. The treaty of commerce, made at Utrecht on commerce the 28th of November, O. S. 171 3, shall continue ^^ ^^^^.,f■^^ force, excepting such articles as shall be found contrary to 1-13 con- what is this day concluded and signed. ""*^ ' George I. Treaty of Peace between Great Britain and Philip v ^ ^ 1721 Spain, concluded a^ Madrid, yune 13, 1721. T. P. MADRID. Corps Dip: Tom: VIII. Part II. P. 33. Pap: Off: C. 30. Treat: 1732. Vol: IV. P. iig. Treat: 1785. Vol: II. P. 264. Treat: 1790. Vol: II. P. 208. '■' Article II. ^i '^ A HE treaties of peace and commerce, concluded at Utrecht on the ^, of July and on the ^-JJ^^SSJiyiS. (in ^_.^^ .^^ ^. which is comprehended the treaty made at Madrid in 17 13, 1667 1667) and also the treaty made at Madrid on the 14th of cimeli. December 17 15, shall stand confirmed, and remain in their full force, virtue and vigour in every thing, wherein they are not contrary to this present treaty. Treaty 136 SPAIN. George I. Treaty of Defensive Alliance between Great Philip V. 1721. Britain [France] and Spain, concluded at Madrid, Jiine 13, 1721. T. A. MADRID. i ■ )■ Corps Dip: Tom: VIII. Part II. P. 34. Treat: 1785. Vol: II. P. 268. Treat: 1790. Vol: II: P. 213. ■•' ' '.', ■ ;.' • ' <- . • • • Article VI. JaIS Catholick majesty being desirous of giving his Priviie es of -B^^^^^^^^^ majcsty a particular proof of his friendship, trade con- confirms, as far as there may be occasion, all advantages EngiisL and privileges heretofore granted by the kings his pre- decessors to the English nation ; so as the trading subje6ls of the king of Great Britain shall always enjoy in Spain the same rights, prerogatives, advantages and privileges for their persons, commerce, merchandize, estates and eflPefts, which they either have or ought to have en- joyed by virtue of treaties and stipulations, or which have or shall be granted in Spain to any of the most favoured nation. • -"i. \ \ Treaty i SPAIN. 137 it- 's;' Treaty of Peace, Union, Friendship, and mu- qv.o. ii. tual Defence, between the Crowns of Great ,709. ' Britain [France] and Spain, concluded at s f.ville. Seville, November 9, 1729. Corps Dip: Tom: VIII. Part II. P. 158^ Pap: Off: C. 38. Treat: 1732. Vol: IV. P. aoi. Treat: 1785. Vol: II. P. 306. Treat: 1790. Vol: II. P. 2x9. Article I. A, L L preceding treaties and conventions of peace, amity, and commerce, concluded between the contratling mg treaties powers shall be, as they hereby are, effeftually renewed coSmcd."'* and confirmed in all points, which are not derogated from by the present treaty, in as full and ample manner as if the said treaties were here inserted word for word ; their said majesties promising neither to do, nor suffer any thing to be done, which may be contrary thereto, di- reclly or indireftly. Art: IV. It having been agreed by the preliminary articles, that the commerce of the English nation, as well _ , ., ,»• 1111 iTii Commerce m Europe as m the Indies, should be re-established on toberc-esta- the foot of the treaties and conventions antecedent to the the foot"of year 1725; and particularly, that the commerce of the cl"j"to"thc English nation in America should be exercised as here- year tofore ; it is agreed by the present article, that all neces- sary orders shall be dispatched on both sides, without any T delav 172 /'V H' ol' f ; [ ^■. .•f« I i' 4>:k tl\ 138 1729. T. SEVILLE. SPAIN. delay, if it hath not been done already, as well for the execution of the said treaties of commerce, as for supply- ing whatever may be wanting for the intire re -establish- ment of commerce on the foot of the said trc aties and conventions. :. ..> > i i , : i Separate Article I. Treaties of The treaties of peace and commerce concluded at lmu)!s!^' Utrecht on the 2d of July and the 28th of November 1713, (in which is comprized the treaty of 1667,) ^^^ the treaty made at Madrid on the 14th of December 1 715, shall from this day be and remain in their full force, virtue and vigour. confirmed. fe^d^vi -^f^^^^^*^^ Treaty of Peace and Frieitdship between Great Britain and Spain [and other Powers] concluded at Aix la Cha- pelle, Odtober 18, 1748. 1748. T. AIX LA CHAPELLE Treaties confirmed. Pap: OfF: C. 58. Treat: 1785. Vol: II. P. 370. Treat: 1790. Vol: I. P. 424. Article III. 1 H E treaties of Westphalia of 1648 ; those of Madrid, between the crowns of England and Spain, of 1667 and 1670 ; the treaties of peace g^ Nimeguen of 1678 and 1679; of Ryswickof 1697; of Utrecht of 17 13; of Baden of 17 14; the treaty of the triple alliance of the Hague of 171 7; that of CHAPELLE SPAIN. 139 of the quadruple alliance of London of 1718; and the jn^g. treaty of peace of Vienna of 1738, serve as a basis and t, aix la foundation to the general pr -ce, and to the present treaty; and, for this purpose, they are renewed and confirmed in the best form, and as if they were herein inserted, word for word ; so that they shall be pundually observed for the future in all their tenor, and religiously executed on the one side and the other; such points however excepted, as have been derogated from in the present treaty. Treaty between Great Britain and S^\\\,yII\>^\i. concluded at Madrid, OBtoher 5, 1750. 1750. T. MADRID. Pap: Off: C. 6i. Article. V. H I S Catholick majesty allows the British subje6ls to jeS'to uke take and gather salt in the island of Tortudos, without any s^a't at Tor/a. hinderance whatever, as they did in the time of kins Seeid art: r. r'l I rr ■ 0/ Madrid, LharLes II. 1715. Art: VII. The British subje6ls shall enjoy all the rights, privileges, franchises, exemptions and immunities what- ever, which they enjoyed before the last war by virtue of cedulas or royal ordinances, and by the articles of the treaty of peace and commerce, made at Madrid in 1667 '•> and the said subje6ls shall be treated in Spain in the same manner as the most favoured nation, and consequently no nation shall pay less duties upon wool, and other mer- T 2 chandizcs, British sub- jedts to enjoy the same pri- vileges which they enjoyed before the last war by royal cedu- las, and by the treaty of 1667. * if Hi !1 t-ft 140 i-m IT SO. T. MADRID. Treaty of Jixla Chu' pelle, and treaty of commerce of Utrecht, confirmed. SPAIN, chandizes, which they shall bring into, or carry out of Spain by land, than the said subje6ls shall pay upon the same merchandizes, which they shall bring in or carry out by sea. And all the rights, privileges, franchises, ex- emptions and immunities, which shall be granted and permitted to any nation whatever, shall also be granted and permitted to the said subjefts; and his Britannick majesty consents, that the same be granted to the subjeds of Spain in his Britannick majesty's kingdoms. Art: IX. Their Britannick and Catholick majesties confirm by the present treaty, the treaty of Aix la Cha- pelle, and all the other treaties therein confirmed, in all their articles and clauses, excepting ihose which have been derogated from by the present treaty ; as like- wise the treaty of commerce concluded at Utrecht in 1713, those articles excepted, which are contrary to the present treaty. Treaty SPAIN. 141 Treaty of Peace and Friendship between Great cha/iii. Britain [and France] and Spain, concluded ^.V^Ss. at Paris, February 10, 1763. Treat: 1785. Vol: III. P. 177. ' ,1^^ Treat: 1790. Vol: I. P. 467. , Vide 1st. article of this treaty printed under the head of France, page 52. Article II. The treaties of Westphalia of 1648; those of Madrid between the crowns of Great Britain and Spain, of 1667, and 1670; the treaties of peace of Nimeguen of Treaties 1678, and 1679; of Ryswick of 1697; those of peace and ^ of commerce of Utrecht of 1713; that of Baden of 1714 ; the treaty of the triple aUiance of the Hague of 1717 ; that of the quadruple alliance of London of 1718; the treaty of peace of Vienna of 1738; the definitive treaty of Aix la Chapelle of 1748; and that oi Madrid, between the crowns of Great Britain a.nd Spain of 1750; as well as the treaties between the crowns of Spain and Portugal, of the 13th of February 1668; of the 6th of February 1715; and of the 12th of February 1761 ; and that of the 11th of April 1713; between France and Portugal, with the guaranties of Great Britain; serve as a basis and foundation to the peace, and to the present treaty: and for this purpose, they are all renewed and confirmed in the best form, as well as all the treaties in general, which subsisted between the high con- trafting parties before the war, as if they were inserted ' .$ here '''■■' u I ::lr 'I m i. Mi. .It I'!, ' -'f 'f 142 1763. T. PARIS. SPAIN. here word for word, so that they are to be exa6lly observed for the future, in their whole tenor, and rehgiously exe- ~7~ cuted on all sides, in all their points which shall not be de- rogated from by the present treaty, notwithstanding all that may have been stipulated to the contrary by any of the high contrafting parties. And all the said parties declare, that they will not suflFer any privilege, favour or indulgence, to subsist, contrary to the treaties above confirmed, except what shall have been agreed and stipulated by the present treaty. Art: XVI. The decision of the prizes, made in time of peace, by the subjefts of Great Britain, on the Spaniards^ piizes.where gi^^U be referred to the courts of justice of the admiralty to be deciil- _ ^ r, • • r 111 1 1 1 • 1 , of Great Britain, coniormably to the rules established among all nations, so that the validity of the said prizes, between the British and Spanish nations, shall be decided and judged, according to the law of nations, and accord- ing to treaties, in the courts of justice of the nation, who shall have made the capture. • -. ■ «i. ^v.. Fortificati- ons in tlie bay of Hon duras to be demolished. Art: XVII. His Britannick majesty shall cause to be demolished all the fortifications which his subje6ts shall have ere6led in the bay of Honduras, and other places of the territory of Spain in that part of the world, four months after the ratification of the present treaty : and his Catholick majesty shall not permit his Britannick ma- jesty's subjefts, or their workmen, to be disturbed, or molested, under any pretence whatsoever, in the said places, in their occupation of cutting, loading and carry- British sub. jjjg away logwood: and for this purpose, they may build logwood, without hinderance and occupy without interruption, the houses H3 SPAIN. houses and magazines which are necessary for them, for ^ g their famihes and for their effecls : and his Catholick ma- t. paris. jesty assures to them, by this article, the full enjoyment of those advantages, and powers on the Spanish coasts and territories, as above stipulated, immediately after the rati- fication of the present treaty. Art: XVIII. His Catholick majesty desists, as well for Spain de- f. . . '>'s's from himself, as for his successors, from all pretension, which he fibbing at may have formed, in favour of the Guipuscoans, and othei w. "" ' his subjects, to the right of fishing in the neighbourhood of the island of Newfoundland. , ; i Ik Treaty of Peace and Friendship between Great cha.Vii* Britain and Spain, signed at Versailles, t/v^r* Sept. 3, 1783. V SAtLLclS. Treat: 1785. Vol: III. P. 375. . Treat: 1790. Vol: II. P. 229. Article I. ' • HERE shall be a christian, universal and perpetual peace, as well by sea as by land, and a sincere and constant friendship shall be re-established, between their Britannick and Catholick majesties, and between their heirs and sue- universal cessors, kingdoms, dominions, provinces, countries, subjefts, v-^<^^ and vassals, of what quality or condition soever they be, without exception either of places or persons ; so that the high contrading parties shall give the greatest attention tc the maintaining between themselves, and their said domi . . . . nions Mm it 1 Fi ' '? 144 1783. T. VER- SAILLES. I Treaties renewed. tif \-t SPAIN. nions and subjefts, this reciprocal friendship and inter- course, without permitting hereafter, on either part, any kind of hostihties to be committed, either by sea or by land, for any cause or under any pretence whatsoever: and they shall carefully avoid, for the future, every thing which might prejudice the union happily re-established, endeavouring, on the contrar}'^, to procure reciprocally for each cthei, on every occasion, whatever may contribute to their mutual glory, interests and advantage, without giving any assistance or proteftion, dire6lly or indirectly, to those who would do any injury to either of the high contracting parties. There shall be a general oblivion and amnesty of every thing which may have been done or com- mitted, before or since the commencement of the war which is just ended. ., :.. Art: II. The treaties of Westphalia of 1648; those of Madrid of 1667, and 1670; those of peace and of com- merce of Utrecht of 17 13; that of Baden of 17 14; of Madrid of 1715; o^ Seville of 1729; the definitive treaty of Aix la Chapelle of 1748; the treaty of Madrid of 1750; and the definitive treaty of Paris of 1763, serve as a basis and foun- dation to the peace, and to the present treaty ; and for this purpose, they are all renewed and confirmed, in the best form, as well as all the treaties in general which subsisted between the high contracting parties before the war, and particularly all those which are specified and renewed in the aforesaid definitive treaty of Paris, in the best form, and as if they were herein inserted word for word ; so that they are to be exaClly observed for the future in their full tenor, and religiously executed, by both parties, in all the points, which shall not be derogated from by the present treaty of peace. Art: VI. SPAIN. Art: VI. The intention of the two high contrafting M5 1783. C. VfcR- SAILLKS. parties being to prevent, as much as possible, all the causes of complaint and misunderstanding heretofore oc- casioned by the cutting of wood for dying, or logwood; and several English settlements having been formed and extended under that pretence, upon the Spariish conti- nent; it is expressly agreed that his Britannick majesty's subieds shall have the right of cutting, loading and carry- ing away logwood, in the distrift lying between the rivers Wallis or Bellize, and Rio- Hondo, taking the course of the said two rivers for unalterable boundaries, so as that the navigation of them be common to both nations, to wit, by nyitish sub- the river Wallis or Bellize, from the sea, ascending as far ff^J righ'ro? as opposite to a lake or inlet which runs into the land, and forms an isthmus, or neck, with another similar inlet, which comes from the side of Rio-Nuevo or Nezo River ; so that the line of separation shall pass strait across the said isthmus, and meet another lake formed by the water of Rio-Nuevo, or New River, at its current. The said line shall continue with the course of Rio-Nuevo, de- scending as far as opposite to a river, the source of which is marked in the map, between Rio-Nuevo and Rio-Hondo, and which empties itself into Rio- Hondo; which river shall also serve as a common boundary as far as its junction with Rio-Hondo ; and from thence descending by Rio-Hondo to the sea, as the whole is marked on the map which the plenipotentiaries of the two crowns have thought proper to make use of, for ascertaining the points agreed upon, to the end that a good correspondence may reign between the two nations, and that the English workmen, cutters and labourers may not trespass from an uncertainty of the boundaries. The respcdive commissaries shall fix upon ' ' ' V convenient cutting log- wood in the distrifts spe- cified. A/: 17. T. 0/ Paris, •763- u B\ i { 146 1783. T. VEK. SAILLES. Eighteen months al- lowed for British sub- jeifts to re- tire within such distrifl. Fortificnti- ons, if any, to be demo- lished. To enjoy a free fishery for their sub- sistence. SPAIN. convenient places, in the territory above marked out, in order that his Britonnick majesty's subjefts, employed in the feUing of logwood, may, without interruption, build therein houses and magazines necessary for themselves, their families, and their efFe6ls ; and his Catholick majesty assures to them the enjoyment of all that is expressed in the present article; provided that these stipulations shall not be considered as derogating in any wise from his rights of sovereignty. Therefore all the English, who may be dispersed in any other parts, whether on the Spanish con- tinent, or in any of the islands whatsoever, dependent on the aforesaid Spanish continent, and for whatever reason it might be, without exception, shall retire within the distrift which has been above described, in the space of eighteen months, to be computed from the exchange of the ratifications; and for this purpose, orders shall be issued on the part of his Britannick majesty, and on that of his Catho- lick majesty, his governors shall be ordered to grant to the English dispersed every convenience possible for their re- mo\ ing to the settlement agreed upon by the preisent article, or for their retiring wherever they shall think proper. It is likewise stipulated, that if any fortifications should aftually have been heretofore ere6ied within the ^^'ipits marked out, his Britannick majesty shall cause them all to be demolished ; and he will order his subjefts not to build any new ones. The English inhabitants, who shall settle there for the cutting of logwood, shall be permitted to en- joy a free fishery for their subsistence, on the coasts of the distrift above agreed on, or of the islands situated opposite thereto, without being in any wise disturbed on that account ; provided they do not establish themselves, in any manner, on the s^aid islands. Art: IX. 147 SPAIN. Art: IX. Immediately after the exchange of the ratifi- cations, the two high contra6ling parties shall name com- missaries to treat concerning new arrangements of com- merce bt iween the two nations, on the basis of reciprocity ^^^l^'^^o'v and mutual convenience; which arrangements shall be new arrange- settled and concluded within the space of two years, to co*;",meKe. be computed from the ist of January, 1784. 1783. T. VF.R- saim.es. Declaration of bis Britannick Majesty. A H E new state in v/hich commerce may perhaps be Declaration found, in all parts of the world, will demand revisions and "/ ^':'". explanations of the subsisting treaties; but an entire abro- rcspedto gation of those treaties, in whatever period it might be, arrange- would throw commerce into such confusion as would be of "o^nmercc. infinite prejudice to it. In some of the treaties of this sort, there are not only articles which relate r.ierely to commerce, but many others which ensure reciprocally, to the respeftive subjefts, pri- vileges, facihties for conducing their affairs, personal pro- tections, and other advantages, which are not, and which ought not to be of a changeable nature, such as the regu- lations relating merely to the value of goods and mer- chandize, variable f"om circumstances of every kind. When therefore the state of the trade between the two nations shall be treated upon, it is requisite to be under- stood, that the alterations which may be made in the subsisting treaties are to extend only to arrangements U 2 . merely !■ I& u 1 1 ^^■' t ■y. ■ 1 1 1 t ai ci, n ill 148 1783. T. VER- SAILLES. Counter- declaration of the king of Spain. SPAIN. merely commercial; and that the privileges and advan- tages, mutual and particu be not only preserved on each side, but even augment if it can be done. In this view, his majesty has consented to the appoint- ment of commissaries, on each side, who shall treat solely upon this subje6l. Done at Versailles, the 3d of September, 1783. Counter-Declaration of his Catliolick Majesty, A H E Catholick king, in proposing new arrangements of commerce, has had no other design than to remedy, by the rules of reciprocity and mutual convenience, what- ever may be defe6live in preceding treaties of commerce. The king of Great Britain may judge from thence, that the intention of his Catholick majesty is not in any manner to cancel all the stipulations contained in the above-mentioned treaties; he declares, on the contrary, from henceforth, that he is disposed to maintain all the privileges, facilities and advantages expressed in the old treaties, as far as they shall be reciprocal, or compensated by equivalent advan- tages. It is to attain this end, desired on each side, that commissaries are to be named to treat upon the state of trade between the two nations, and that a considerable space of time is to be allowed for compleating their work. His Catholick majesty hopes that this objeft will be pursued with the same good faith, and with the same spirit of conciliation, SPAIN. conciliation, which have presided over the discus, ' "^n of all the other points included in the definitive treaty ; and his said majesty is equally confident, that the respe6live commissaries will employ the utmost diligence for the completion of this important work. Done at Versailles, the 3d of September, 1783. 149 1783. T. VER- SAILLES. Convention betweefi Great Britain and Spain, Geo. iit. ^ * cha. hi. signed at London, July 14, 1786. 1786. C. LONDOV. Treat: 1790. Vol: II. P. 248. Article I. ' xd I S Britannick majesty's subje6ls and the other co- lonists who have hitherto enjoyed the protedion of Eng- jSand"^ land, shall evacuate the country of the Mos uitos, as well "iJeTitethe as the continent in general, and the islands adjacent, with- country of out exception, situated beyond the line herein after de- /w! '"'^'"' scribed, as what ought to be the frontier of the extent of territory granted by his Catholick majesty to the English, for the uses specified in the 3d article of the present convention, and in addition to the country already granted to them in virtue of the stipulations agreed upon by the commissaries of the two crowns in 1783. Art: II. The Catholick king, to prove, on his side, to Moreexten. the king of Great Britain, the sincerity of his sentiments granted' sive limits granted to of friendship towards his said majesty, and the British ^'' ^'■"'"" than those nation, •" '783- ^i,.^ a 50 SPAIN. ii ••1 I j_gg nation, will grant to the English more extensive limits than c.LONDON. those specified in the last treaty of peace: and the said limits of the lands added by the present convention shall for the future be understood in the manner following : At: 6. T. Versailles, 1783- Eng/isl) to have the li- berty of fit- ting all other wood, and gatheringthe produce of the earth. Saw mills, allowed. The English line, beginning from the sea, shall take the center of the river Silfun or Jfabon, and continue up to the source of the said river ; from thence it shall cross in a strait line the intermediate land, till it intersefls the river Wallis; and by the center of the same river, the said line shall descend to the point where it will meet the line already settled and marked out by the commissaries of the two crowns in 1783 : which limits, following the continu- ation of the said line, shall be observed as formerly stipu- lated by the definitive treaty. Art: III. Although no other advantages have hitherto been in question, except that of cutting wood for dying, yet his C.itholick majesty, as a greater proof of his dispo- sition to oblige the king of Great Britain^ will grant to the English the liberty of cutting all other wood, without even excepting mahogany, as well as gathering all the fruits, or produce of the earth, purely natural and uncul- tivated, which may, besides being carried away in their natural state, become an objeft of utility, or of commerce, whether for food or for manufaftures : but it is expressly agreed, that this stipulation is never to be used as a pretext for establishing in that country any plantation of sugar, coffee, cocoa, or other like articles, or any fabrick or manufafture, by means of mills or other machines whatsoever (this restriftion however does not regard the use of saw mills, for cutting or othenvise preparing the wood) SPAIN. »5» Engiii/j to convey siuh produce down the rivcis to the sea. wood) since all the lands in question being indisputably «^ acknowledged to belong of right to the crown of Spain, no c.london. settlements of that kind, or the population which would " follow, could be allowed. The English shall be permitted to transport and convey all such wood, and other produce of the place, in it's natural and uncultivated state, down the rivers to the sea, but without ever going beyond the limits which are pre- scribed to them by the stipulations above granted, and without thereby taking an opportunity of ascending the said rivers beyond their bounds, into the countries be- longing to Spain, Art: IV. The Englis.l shall be permitted to occupy the small island known by the names of Casina, St. George's Key, or Cayo Casina, in consideration of the circumstance of that part of the coasts opposite to the said island being looked upon as subjeft to dangerous disorders ; but this permission is only to be made use of for purposes of real utility : and as great abuses, no less contrary to the in- tentions of the British government, than to the essential in- terests of Spain, might arise from this permission, it is here stipulated, as an indispensable condition, that no fortification, or work of defence whatever, shall at any time be erefted there, nor any body of troops posted, nor any piece of artillery kept there, and in order to verify with good faith the accomplishment of this con- dition sine qua non (which might be infringed by indi- viduals without the knowledge of the British government) ^.Spanisho^ctr or commissary, accompanied by an English commissary or officer, duly authorized, shall be admitted, twice a year to examine into the real situation of things. Art: V. To be per- mitted to occupy the island of Casina^ but no torti- fications or troops— to be exa- mined twice a year. ■' ill k. mi 152 *1: 'I 1786. C.LONDOM, SPAIN. Art: V. The Englis/indition shall enjoy the liberty oF refitting their merchant ships in the southern triangle in- eluded between the point Cayo Casina, and the cluster of To enjoy the small islands which are situated opposite that part of the fitting their coast occupicd by the cutters, at the distance of eight sh!psl'^"' leagues from the river Wallis, seven from Cayo Casina, and three from the river Siban ; a place which has always been found well adapted to that purpose. For which end, the edifices and storehouses absolutely necessary for that service shall be allowed to be built ; but in this con- cession is also included the express condition of not ereft- ing fortifications there at any time, or stationing troops, or constru6ling any military works; and in like manner it shall not be permitted to station any ships of war there, or to construft an arsenal, or other building, the objeft of whiqh might be the formation of a naval establish- • ment. •- . ■:— May fish within the limits as- signed. The restric- tions, speci- fied in the last treaty tor the pre- servation of the Spaniih sovereignty, confirmed. Art: VI. It is also stipulated, "that the English may freely and peaceably catch fish on the coast of the coun- try assigned to them by the last treaty of peace, as also of that which is added to them by the present conven- tion; but without going beyond their boundaries, and confining themselves within the distance specified in the preceding article. Art: VII. All the restri6lions specified in the last treaty of 1783, for the entire preservation of the right of the Spanish sovereignty over the country, in which is granted to the English only the privilege of making use of the wood of the different kinds, the fruits and other produce, in their natural state, are here confirmed; and the SPAIN. 153 the same restrictions shall also be observed with respeft ij^s. to the new grant. In consequence, the inhabitants of c.iondon. those countries shall employ themselves simply in the cutting and transporting of the said wood, and in the gathering and transporting of the fruits, without medita- ting any more extensive settlements, or the formation of any system of government, either military or civil, further than such regulations as their Britannick and Catholick majesties may hereafter jud;5e proper to establish for maintaining peace and good order amongst their re- spective subjefls. Art: VIII. As it is generally allowed that the woods and forests are preserved, and even multiply, by regular and methodical cuttings, the English shall observe this maxim, as far as possible ; but if, notwithstanding all their precautions, it should happen in course of time that they were in want of dying-wood, or mahogany, with which the Spanish possessions might be provided, the Spanish government shall make no difficulty to furnish a supply to the English, at a fair and reasonable price. The cut- tings to be regular. If wood is wanted, Spain to supply the same at a fair price. Art: IX. Every possible precaution shall be observed to prevent smuggling; and the English shall take care SSiJu^'Jo' to conform to the regulations which the Spanish govern- Jl,^ prevent** ment shall think proper to establish amongst their own smuggling. subjefts, in all communications which they may have with the latter; on condition nevertheless that the Eng- lish shall be left in the peaceable enjoyment of the several advantages inserted in their favour in the last treaty, or stipulated by the present convention. X Art: XI. IS ] ■ ^ ''I •f! ^ \)\ f \\ ]• '"ti t •if M;"{ \ I 154 1786. C.LONDON. This con- vention to be s<-nftly observed. SPAIN. Art: XI. Their Britannick and Catholick majesties, in order to remove every kind of doubt, with regard to the true construdlion of the present convention, think it neces- sary to declare, that the conditions of the said convention ought to be observed, according to their sincere intention, to ensure and improve the harmony and good under- standing, which so happily subsist at present between their said majesties. In this view, his Britannick majesty engages to give the most positive orders for the evacuation of the coun- tries above-mentioned, by all his subjects of whatever denomination : but if, contrary to such declaration, there should still remain any persons so daring, as to presume, by retiring into the interior country, to endeavour to obstruft the entire evacuation already agreed upon, his Britannick majesty, so far from affording them the least succour, or even proteftion, will disavow them in the most solemn manner, as he will equally do those, who may hereafter attempt to settle upon the territory belonging iQ th!& Spanish diovaimon. , . ,t - 7%, Art: XIII. It is agreed that the new grants described in The new the preceding articles, in favour of the English nation, are foTkephce" ^^ *^^^ place, as soon as the aforesaid evacuation shall be entirely accomplished. Art: XIV. His Catholick majesty, prompted solely by ffciTe^no^se- ^lotives of humanity, promises to the king of England, that verityagainst he wiU not cxcrcisc any afl: of severity against the Mosqui- tos, inhabiting in part the countries which are to be eva- cuated, by virtue of the present convention, on account of the connexions which may have subsisted between the said SPAIN. 155 C.LONDON. said Indians and the English: and his Britannick majesty, on 1^86. his part, will striftly prohibit all his subjefts from furnish- ing arms or warlike stores, to the Indians in general, situated upon the frontiers of the Spanish possessions. xjLT the time of exchanging our sovereigns ratifications of the convention signed the 14th of July last, we the un~ T'^V'^l^'J^ ,. ,..°.. ^. i'' ,, , the English dersigned mmisters plenipotentiary have agreed, that the and Spanish visit of the English and Spanish commissaries, mentioned in Jie^"to what the 4th article of the said convention, with respe6l to the p'^'i^es^to ex- island of Cayo Casina, is to extend in like manner to all the other places, whether in the islands, or on the continent, where the English cutters shall be situated. ' j In witness whereof, we have signed this declaration, and affixed thereto the seals of our arms, London, this 1st of September, 1785. CARMARTHEN, (L.S.) Le Marquis delCAMPO. (L. S .) •Hi • f.j; l.:)-r'.-ll r--ra! -•(•' v/-,^.,; •;*- , / X2 Declaration '^h'i w..\^ 156 SPAIN. ( !:J cha IV. Declaration and Counter- Declaration. Signed and exchanged at Madrid, July 24, 1790. 1790. D. MADRID. I i Spain willing to give sa- tisfaAion for the vessels captured at Nootka. DECLARATION. Jrl I S Pritannick majesty having complained of the cap- ture of certain vessels belonging to his subjefts in the port of Nootka, situated on the north-west coast of America, T>y an officer in the service of the king; the undar-signed counsellor and principal secretary of state to hisf majesty, being thereto duly authorized, declares, in the fame and by the order of his said majesty, that he is willmg to give satisfaftion to his Britannick majesty for the injumr of which he has complained ^ fully persuaded that his s?i\^Britannick majesty would aft in the same manner towards the king, under similar circumstances; and his majesty further en- gages to make full restitution of all the British vessels, which were captured at Nootka, and to indemnify the parties in- terested in those vessels, for the losses which they shall have sustained, as soon as the amount thereof shall have been ascertained : '■ ' > -- It being understood, that this declaration, is not to pre- clude or prejudice, the ulterior discussion of any right, v/hich his majesty may claim, to form an exclusive establish- ment at the port of Nootka. In witness whereof I have signed this declaration, and sealed it with the seal of my arms. At Madrid, the 24th of July, 1790. { L. S. ) Signed Le Comtede FLORIDABLANCA. SPAIN. Counter- Declaration, Irl I S Catholick majesty having declared that he is willing to give satisfaftion for the injury done to the king, by the capture of certain vessels belonging to his subjeds, in the bay of Nootka, and the count de Floridablanca, having signed, in the name and by the order of his Catholick ma- jesty, a declaration to this effeft ; and by which his said majesty likewise engages to make a full restitution of the vessels so captured, and to indemnify the parties interested in those vessels for the losses they shall have sustained ; the under-signed ambassador extraordinary and plenipotentiary of his majesty to the Catholick king, being thereto duly and expressly authorised, accepts the said declaration in the name of the king ; and declares that his majesty will con- sider this declaration, together with the performance of the engagements contained therein, as a full and entire satisfaftion for the injury of which his majesty has com- plained. The undersigned declares, at the same time, that it is to be understood, that neither the said declarf*.tion signed by count Floridablanca, nor the acceptance thereof by the undersigned, in the name of the king, is to preclude or prejudice, in any respe6l, the right which his majesty may claim to any establishment which his subjefts may have formed, or should be desirous of forming in future, at the said bay of Nootka. In witness whereof I have signed this counter-decla- ration, and sealed it with the seal of my arms. At Madrid, the 24th of July, 1 796. (L, S.) Signed ALLEYNE FITZ-HERBERT. ^57 1790. C. D. MADRID. Gt. Britain accepts the declaration • of Spain, with the per- formance of the engage- ments there- in contained, as a satisfac- tion for the injury coir plained of. Not to pre- judice the rights of Gt. Britain in the bay of Nootka. It,' ii I! I *i. t ■' BOBB TREATIES ' WITH THE Ol.Crom. Proteftor. 1654. T. WtST- MIMSTER. Peace and friendship. STATES GENERAL. - ■ . •'■it' '• . ■: Treaty of Peace and Commerce between the Repuhlick of England and the States Gene- ral, concluded at Westminster, April 5, 1654. ■ - ' ' " = ■/«'' -' ,-..!l Corps Dip: Tom: VI. Part II. P. 74. ,• ; , ' , Pap: OfF: D. 8. , Treat: 1732. Vol: III. P. 67. ' '^ •■ ' ■ -Treat: 1785. Vol: I. P. 44. ' '"• " This is the first treaty between England and the States General after the year 1648, when Philip IV. king of Spain, by the treaty of Munster, declared the Seven ^ United Provinces of the Low Countries to be free and sovereign states. ;,:,.,.,-;,^ ^' a;,-m.' > i > ;ui ^ .. Article I. ;. ' It is agreed and concluded, that from this day forward there be a true, firm, and inviolable peace, a sincere, intimate and close friendship, affinity, confederacy and • union. STATES GENERAL. »59 union, between the republick of England and the States g General of the United Provinces of the Netherlands, and t. west- the lands, countries, cities and towns, under the domi- ^^^^'^^^- nion of each, without distinftion of places, together with their people and 'nhabitants of what degree soever. Articles XII. XIII. XIV. XVIL XVIII. XIX. XX. XXI. XXII. and XXVI. being all, which are relative to the marine in this treaty, are the same as articles XVIII. XIX. XX. XXIV. XXV. XXVI. XXVII. XXVIII. XXIX. and XXXIV. of the treaty of 1667. Treaty of Peace and Alliance between Great ^"^^- "• Britain and the States General, concluded ''' "^"'"^ HAL Lc at Whitehall, Sept, l^, 1662, E- Corps Dip: Tom: VI. Part II. P. 422. : . . : p ^ - . _ . t , ■ t . •■■.-. ' ■.■ '-■'■. ■ f > i- , '' ■' f -f y \ - .:■' ■ • - . (,■■■ Articles IX. X. XL and XII. of this treaty are verbatim the same as articles XVIII. XIX. XX. and XXI. of the following treaty of 1667. Article XIV. If it shall happen, during this friendship, confederacy and alliance, that any thing shall be done or attempted by any This peace, of the subjeds or inhabitants of either party against this ""nutted by treaty, or any part thereof, by land, sea, or fresh waters, S'chher^' nevertheless this amity and alliance between the said na- P*"y- tions shall not thereby be broken or interrupted, but shall remain .■ n\ n 160 I 1662. T. WHITE- HALL. The parti- cular persons offending, and no other, to be punish- ed, and make satisfadlion. Offenders, not appear- ing, are to be declared ene- mies, and forfeit their effefls, and to be punish- ed. STATES GENERAL. remain and continue in full force; and only those par- ticular persons shall be punished, who have committed any thing against this treaty, and none else; and justice shall be rendered, and satisfaftion given, to all persons concerned, by all those, who have committed any thing contrary to this treaty, by land or by sea, or other waters, in any part of Europe ; or any places within the straits of Gibraltar, 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 the space of a year after justice shall be demanded; and in all places whatever on the other side the Cape of Good Hope within eighteen months after justice shall be demanded, as aforesaid. But in case the offenders against this treaty do not appear, and submit themselves to judgment, and give satisfaction within the respe6live times above expressed, according to the distance of the places, they shall be declared enemies of both parties ; and their estates, goods, and revenues what- ever, shall be confiscated for due and full satisfaction of the injuries and wrongs by them offered ; and their per- sons also, when they come within the dominions of either party, shall be liable to such punishments as every one shall deserve for his respeftive offences. Articles XVI. XVII. XVIII. XIX. XX. XXI. and XXV. of this treaty are zoord for word the same as articles XXIV. XXV. XXVI. XXVII. XXVIII. XXIX. and XXXIV. of the following treaty of 1667. Treaty STATES GENERAL. i6i *s. Treaty of Peace and Alliance between Great ^"^"' ^^• Britain and the States General, concluded ^- !!• t"^" at Bredah, July 31, 1667. . . ' r ' Wi '■ Corps Dip: Tom: Vn. Part I. p. 44. ' -' >•'••• Treat: 1790. Vol: I. P. 133. ^ ' '.-'- " • Article IX, ; • HE RE AS in countries far remote, as in America and Africa, especially in Guinea, certain protestations and L'ljrty of declarations, and other writings of that kind, prejudicial ^/'icr, and to the liberty of trade and navigation, have been emitted same'as uV*^ and published on either side by the governors and officers, '^^^• in the name of their superiors, it is agreed, that all and every such protestations, declarations, and writings afore- said, shall be abolished, and held hereafter for null and - - • void; and that the subjefls and inhabitants of each party may use and enjoy the same liberty of trade and navi- gation, as well in Africa as in America, which they used and enjoyed, or of right might have used and enjoyed, at the time of the conclusion of the treaty of 1662. Art: XVIII. That the king of Great Britain and his . subjefts, and all the inhabitants of his majesty's domi- Free passage nions, and also the said United Provinces, and their people thenJjjefts and inhabitants, of what rank or condition soever they "f each party . , •' to all places be, shall be bound to treat each other in a kind and m Europe. friendly manner in all things ; so that they may freely and safely pass by land or by water into each others coun- tries, cities, towns, walled or not walled, fortified or not Y fortified ■iif. i6i STATES GENERAL. I'i 7^1 fortified, and likewise their ports and all other their T. p. BKE- dominions, situated in Europe; and continue and abide "^"' therein as long as they please, and there buy such provi* sions as shall be necessary for their use, without any hinderance ; and likewise trade and trafhck in such goods and commodities of all sorts, as to them shall seem fit, and export and import them at their pleasure, as long as they pay the usual duties, and observe all the laws and ordinances of both nations; provided nevertheless, that the subjects and inhabitants of either party, carrying on their trade in the countries and dominions of each other, shall not be obliged hereafter to pay any more or other customs, imposts, or other duties, than accord* ing to that proportion, which other foreigners, trading in the same places, do usually pay. Art: XIX. That the ships and vessels of the said United AW Dutch Provinces, as well ships of war as others, meeting any ships to ships of war belonging to the said king of Great Britain Britis/j shipt in the British seas, shall strike the flag and lower the top- sail, in such manner as the same hath been formerly obse ved in any times whatever. Art: XX. And, for the greater freedom of commerce and navigation, it is agreed and concluded, that the said lhe?r*accom- ^^"S ^^ Great Britain, and the said States General, shall p)'«» tobe not receive into their ports, luties and towns, or suffer, that any of the subjecls of either party do receive any pirates or sea-rovers, or afford them any entertainment, assistance or provisions; but shall endeavour, that all such pirates and sea-rovers, and their piratical accomplices, sharers and abettors, be found out and apprehended, and punished. STATES GENERAL. 163 The subjefts of one party not to aft under any commission from a prince at war with the other. and that they suffer condign punishment for a terror to gg others: and all the ships, goods and commodities, pira- t. p. bre- tically taken by them, and brought .ato the ports of either "'^"' party, which can be found, even although they are sold, shall be restored to the right owners, or satisfaflion shall be given either to their owners, or to those, who, by 9°°*^ Pi"-' r 1 r 11 ticailytaken, Virtue of letters of attorney, shall demand the same ; pro- to \-k restor- vided their right and property therein is made to appear in the court of admiralty by due proofs according to law. Art: XXI, The subjefts of the king of Oreat Britain^ and the inhabitants of the kingdoms and countries under his obedience, as likewise the inhabitants and subje6ls of the United Provinces^ shall not be permitted to do or offer any violence or hostility to each other, either by land or by sea, upon any pretence or colour; and con- sequently it shall not be lawful for the said subjefls or inhabitants to procure commissions or letters of reprisals from any prince or state, with whom either of the con- federates is at variance, or in open war; and much less by virtue of such letters to molest or do any damage to the subjefts of either party; neither shall it be lawful for any foreign privateers, who are not subje6ls to the one or other of the confederates, having commissions from any other prince or state, to fit out their ships in the ports of either of the aforesaid parties, or to stll their prizes, or put the same to ransom, or any other way to truck either the ships and goods, or any other lading whatever; and the/ shall not even be allowed to buy any provisions, but what shall be necessary to bring them to the next port of that prince, from whom they obtained their said commissions: and, if perchance any one of the subjeds of the said king Y2 of Privateers, belonging tv> the enemy of either party, not to be ht- ted out, or suffered to stll their prizes in the ports ol the other. \ ^'"'li im Ill 164 1667. T. P. BKT. UAH. Ships or foods, taken y the ene- my of one Caity, and ought by the subjerts of the other party, to be restored. STATES GENERAL. of Great Britain, or of the said States General, shall buy or get to himself by truck, or any other way, any ship or goods, which have been taken from the subjefts of the one or the other party, in such case the said subjed shall be bound to restore the said ship or goods to the owners without any delay, and without any compensation or reimbursement of money, which may have been paid or promised for the same ; provided, that such owners make it appear before the council of the said king of Great Britain, or before the said States Geiieral, that they are the right owners and proprietors of the same. , . . , , , Art: XXIV. The subjefts of the said king of Great '' Britain, and those, who are under his dominion, may freely and securely travel in and through all the Provinces of the United Netherlands, and all their dominions in Europe, by sea or land, and pass to any other places there- in or beyond them, and through all quarters of the United Provinces, and all cities, forts or garrisons whatever, which Free passage are or shall be in any other their dominions in Europe, £«rS^^ *" and may trade in all those places, as likewise their agents, fa6loi sand servants; and may go armed or unarmed, (but, if armed, not above forty in a company) as well without their goods and merchandizes, 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 mer- chandizing yield due obedience to the laws and ordinances of either nation respectively. • Art: XXV. 1667. T. P. BRE- DAH. Merchant- shijK, driven into the ports of either par- ty, to depart freely. bhips of nei- ther party to be detained bv the other. STATES GENERAL. 165 Art: XXV. If the merchant-ships, belonging to the subjects of either nation, shall by storm, pirates, or any- other necessity whatever be driven into any port under the dominion of either, they may depart securely and at their pleasure with their ships and goods, without paying any customs or other duties ; provided they do not break bulk, nor sell any thing ; nor shall they be subjeft to any molestation or search, provided they do not take on board any persons or goods, nor do any thing else contrary to the laws, ordinances, or customs of the places, where they shall happen to arrive as aforesaid. Art: XXVI. Merchants, masters and manners, of either party, or their ships, goods, wares, or merchandizes, shall not be arrested or detained in the lands, ports, roads, or rivers of the other to serve in war, or for any other ser- vice, by virtue of any general or special order, unless upon an extraordinary necessity, and then just satisfaftion shall be made ; but so as this shall be no prohibitioi-< or hinderance of any embargoes or arrests, duly made and in the ordinary course, according to the laws of either country. Art: XXVII. Merchants on both sides, their faftors and servants, and also the masters and other mariners, as well use of arms going as returning to their ships by sea and other waters, botTSdeT as also in the ports of either party, or going on shore, may carry and use, for the defence of themselves and their goods, all sorts of arms, as well offensive as defensive ; but, coming into any lodgings or inns, they shall there lay by and leave their arms, until they go on board again. j . .. . • . . « - Art: XXVIII. hW I j. ,1' i-»- tri Il«lf' 166 m 1 |Hii ■ r Hf! -ll j * gMl"!'- 1667. r. p. BRK- Ships of war ot one party to proteft the merchant ships of chc other ^lipsof one Eaity, taken y an enemy in the ports of the other, to be pnrsii- ed and re- «torcii. Six months allowed for the removal of effects in case of war. STATES GENERAL. Art: XXVIII. Ships of war, or convoys of either nation, meeting or overtaking at sea any merchant-ships, or vessels belonging to the subje6ls 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 proteft and defend them agaifist all attacks whatever. '• f.^ ■.', .', Art: XXIX. If any ship or ships,' belonging to the sub- jefts or inhabitants of either party, or of any other nation in neutrality with them, shall be taken in the ports of either nation by any persons, not being subje6ls or inha- bitants of either nation, they, in whose port, or from whose port or dominion whatever, such ships shall be taken, shall be obliged to endeavour jointly with the other party, that the said ship or ships be pursued, brought back, and restored to the owners ; but this shall be done at the charges of the owners, or persons having an interest therein. Art: XXXII. If it shall happen at any time (which God of his mercy forbid) that the differences now com- posed between his said majesty and the said States General should break out again into open war, it is agreed, that those ships, merchandizes, or any kind of moveables of either party, which shall be found to be and remain in the ports, and under the power of the ad^-erse party on either side, shall not upon that account be confiscated or de- tained, but the full space of six months shall be allowed to the subjefts and inhabitants on both sides, that they may transport from thence the aforementioned things, and any thing else, which belongs to them, whither they shall think fit, without any kind of molestation. Art; XXXIV. STATES GENERAL. Art: XXXIV. The subjefts and inhabitants of either party shall always have free access to the sea-ports of each other, there to remain, and from thence to depart with equal liberty; and not only with their merchant- ships and cargoes, but also with their ships of war, whe- ther they belong to the said king, or to the said States General, or unto such as have obtained special commis- sions from either ; and whether they put in through stress of weather, or other casualty of the seas, or in order to repair their ships, or buy provisions; so that they exceed not the number of eight ships of war, when they come in voluntarily ; but they shall not remain or abide longer in such ports, or places adjacent, than shall be requisite to repair their said ships, or to buy provisons or other neces- saries : and if a greater number of ships of war should be willing upon occasion to come into such ports, they shall in no case enter therein, until they have first obtained leave from those, to whom such ports shall appertain; unless they are compelled by storm, or some force or necessity, to avoid the danger of the sea; in which case also they shall presently make known the cause of their coming unto the governor or chief magistrate of the place, and shall stay no longer than the said governor or chief magistrate shall permit them; and shall not attempt any aft of hostility or other prejudicial aft in the aforesaid ports, during their abode there. 167 1667. T. P. BRE- DAH. Free ingress and egress for all ships into, and out of, all ports. Ships of war, exceeding eight, not to enter a port without leave, unle»s forced in. .'h V . > «. .- --t; ' •■H^ .. I ,t Provisional <> m ttX Ik iMll im ! \ ' ^11 ■ ■ i 1 nil ^ . 1|, '1 '11 i68 STATES GENERAL. 'jt^ 1 T. C. BRE- DAH. Char. II. Provisionol Treaty of Navigation and Com- merce between Great Britain and the States General, concluded at Bredah on the same Day with the general Treaty of Peace and Alliance y viz. Jtdy 31, 1667. I' • • -r ,1 Jl. -iM^'iil^ Corps Dip: Tom: VII. Part I. P. 48. Treat: 1790. Vol: I. P. 151. This treaty, though provisional, has been renewed and confirmed by subsequent treaties. Article III. •• ti bnt; '.'f.-n-n States, re- ferred to. At is covenanted and agreed [between the king of Great Treat of Britain and the States General'] that the treaty of navi- 1662, be- gation and commerce, made between the most Christian and the king and the States General, [in the year 1662] from the 26th to the 4 2d article inclusively, in like manner as here inserted in the French language, may provisionally serve for a rule and law, and so make 'way for concluding a more perfeft and complete treaty, concerning maritime commerce, between the above-mentioned parties. In this place is inserted part of the above-named marine treaty of 1662 between France and the States General, from the 26th to the /[2d article inclusively ; but as all these articles, being seventeen in number, are to be found almost word for word in the marine treaty of February 17, 1667-8, the reader is referred to that treaty. ,. . - -u Definitive STATES GENERAL. 169 Definitive Treaty of Alliance between Great ^*^' "• Britain and the States General, concluded ^- "^°"^- at the Hague, January 23, 1667-8. , Corps Dip: Tom: VII. Part I. P. 66. Pap: Off: D. 13. Treat: 1732. Vol: I. P. 136. Preamble. X H E king of Great Britain and the States General have agreed to confirm the treaty concluded at Bredah, and the rules and articles of commerce thereto belonging; Treaty of mutually obliging themselves to a sincere and perpetual ^^^ ^°^' observance of them, and to cause them to be striftly observed by their subjefts on both sides, according to the genuine sense and meaning of the said treaty and articles, , . mm iJal 1 ,i\ * '1 Sf Treaty !. ^' s ? K 1 ,r lyo STATES GENERAL. Char. II. Treaty of Commerce between Great Britain and the States General, concluded at the T. C. HAGUE Hague on February 17, 1667-8. Corps Dip: Tom: VII. Part I. P. 74. Pap: OfF: D. 14. Treat: 1732. Vol: I. P. 146. .* Treat: 1785. Vol: I. P. 190. Treat: 1790. Vol: I. P. 161. A Article I. L L the subjects and inhabitants of Great Britain may with all safety and freedom sail and traffick in all the kingdoms, countries, and estates, which are or shall be in peace, amity, or neutrality with Great Britain^ en wSifhe ^ithout any hinderance or molestation from the ships of Free trade for the Bit- tis/j even 1 enemies of war, gallics, frijsjates, barques, or other vessels belonginia: General. to the States General, or any or their subjects, upon occasion and account of any war, which may hereafter happen between the said States General and the above- said kingdoms, countries and estates, or any of them, which are or shall be in peace, amity, or neutrality with Great Britain. ceptecl. .J Art: II. This freedom of navigation and commerce Contraband ' 1 i- goods ex- shall extend to all sorts of merchandize, excepting con- traband goods. Art: III. This term of contraband goods is to be under- stood to comprehend only all sorts of fire-arms and their appurtenances. :M STATES GENERAL. 171 appurtenances, as cannon, musquets, mortar-pieces, petards, ,/:^_ g bombs, granadoes, fire-crancels, fire-balls, carnages, rests, t. c bandeliers, powder, match, saltpetre, bullets, pik( swords, "^^"^' morions, head-pieces, coats of mail, halberts, javelins, contraband horses, horse-furniture, holsters, belts, and other utensils g"odsspeci- of war, called in French, Assortiments servans a I'usage de la guerre* Art: iV. Under the head of contraband goods these following shall not be comprehended, corn, wheat or other grain, pulse, oils, wines, salt, or generally any thing which shaifnot'be' appertains to the nourishment or sustenance of life, but 2ma^ be they shall remain free, as likewise all other merchandize carried to and commodities, not comprehended in the foregoing of the .v/^a STATES GENERAL. 173 captain or master thereof, may sufficiently appear; unto ^gg^.g. which passports and sea-letters intire faith and credit shall t. c. be given: and, for the better assurance of their being au- _^^f^_ thentick, and that they may not be falsified or counterfeited, some certain marks and countersigns of his said majesty and of the said States shall therein be made use of. Art: IX. And in case any of those goods and com- modities, which are before declared to be contraband and prohibited, shall by the means aforesaid be discovered in contraband the said English ships and vessels, bound for any port of &^°J*J°Jj. the enemies of the said States, they shall be unladen, and but the ship then judicially proceeded against, and declared confiscated goods to go before and by the judges of the admiralty, or other com- *"^' petent officers; but so as the ships or vessels themselves, or other free and allowed goods, merchandize and com- modities, found in the said ships, may not for that cause be in any manner seized or confiscated. f\ Art: X. Whatever shall be found laden by his majesty's subje6ls upon a ship of the enemies of the said States, although the same were not contraband, shall yet be con- fiscated, with all that shall be found in such ship, without exception : but, on the other hand, whatever shall be found in any ships, belonging to any subjefts of the king of Great Britain, shall be free and discharged, although the lading, or any part thereof, belongs to the enemies of the said States, except contraband goods, in regard to which such rule shall be observed, as hath been laid down in the foregoing articles. goods on board an enemy of the Slates, to be con- fiscated— but the goods of enemies to the Stafts, in an Eng- lish vessel, 10 go free ; except con- traband, ''•.! Art: XI. 'I i \m ' h 174 1667-8. T. f. HAGUE. The Dufc/j to enjoy the same liber- ties recipro- cally. STATES GENERAL. ' Art: XI. The subjefts and inhabitants of the United Provinces shall reciprocally enjoy the same rights, liberties and exemptions, with regard to navigation and commerce, in the coasts, ports, roads, seas and dominions of the king of Great Britain, in the like manner as it is already agreed, that the subje6ls of the said king are to enjoy them in those places, which are under the obedience of the States, as likewise in the open sea; it being intended and under- stood, that there shall be a mutual and reciprocal equality in all and singular matters, even in case the said States shall hereafter be in peace and friendship or neutrality with any kings, princes or states, who shall be at war with the king of Great Britain; so that both parties are direftly to use and observe the same conditions and restriiSlions, which are contained in the articles herein agreed upon, and which regard commerce. *| Art: XII. And the more effeftually to secure the sub- captainsof jcfts of the Said States, that no violence shall be offered ffwS^'anT th^"^ ^y *^^ ^^^P^ of war belonging to his majesty of Great privateers, to Britain, or his subiefts, all the captains of the king's ships, be enjoined , „ , • • , , in 1 r • in not to mo- and all his majesty s subjects, who ht out privateers, shall £S.^ be striftly charged and enjoined not to molest or injure any of the subje6ls or inhabitants of the United Provinces in any respetl whatever, upon pain of being punished and made answerable in their persons and goods for all costs and damages, and of making full restitution and reparation. . Art: XIV. If any commander of an English ship shall meet with and take a ship laden with any of the said contraband goods, he may not open or break up any of her STATES GENERAL. her chests, packs, bags or casks ; nor sell, barter, or any way dispose of the same, before they have been landed in the presence of the judges or officers of the admiraltj^; and before an inventory hath been by them made of the goods found in the said ship ; unless where the contraba.id goods make but a part of the cargo, and the master of the ship is willing to deliver up such goods immediately, so as they may be taken from on board and carried away, that he may not be retarded in his intended voyage ; in which case, he shall not be farther molested or hindered from pursuing his course and voyage. The form of the passport, originally subjoined to this treaty, is the same verbatim with thai annexed to the marine treaty of 1674. 175 1667-8. T. C. HAOUE. Contraband goods not to be meddled with at sea, linless tlie master of the vessel taken is wiUing to deliver them up; in which case he shall be permitted to proceed on liis voyage. 1! ! id li • I 'i { li 1 I ' I lit] MINSTER. Treaty of Peace between Great Britain and char. ii. the States General, concluded at West- t. wesI' minster, February 19,, 1673-4. Corps Dip: Tom: VII. Part I. P. 253. . , Pap:OfF: D. 17. . Treat: 1732. Vol: III. P. 275. Treat: 1790. Vol: I. P. 172. Article IV. X H E States General of the United Provinces, duly acknowledging on their part fhe right of his majesty the king of Great Britain, that honour be paid to his flag in the seas herein after mentioned, shall and do declare and agree, m > i ■■H m ■« ; >i If 1673.4. T. WEST- MTNSTER. All Dutcfj ships wlie- ther single or in fleets, to strike to tiic king's ships or ves- sels in cer- tain seas. A't: 19. T, cf Bredah, 1667. j4r/:2. T. of Paris, ,784. 176 STATES GtiNERAL. agree, that whatever ships and vessels, belonging to the said United Provinces^ whether ships of war or others, and whether they are single, or joined together in fleets, shall meet in any seas, from Cape Finisterre to the middle point of the land Van Staten in Norway, with any ships or vessels whatever, belonging to his most serene majesty the king of Great Britain, whether those ships are single or in a greater number, if they carry his Britannick majesty's flag or jack, the said ships or vessels of the United Provinces shall strike their flag, and lower their top-sail, in the same manner, and with like tokens of honour, as hath ever been at any time or in any place heretofore used toward any ship of his Britannick majesty, or of his predecessors, by any ships of the States General, and of their predecessors. Secret Article of the preceding Treaty of 1673-4. Neither of the said parties shall give, nor consent that IJ'to^furS any of their subje6ls or inhabitants shall give, any aid, ships, sold;- favour Or council, dire6lly or indireftly, by land or by sea, ons, money, Or on the frcsh waters ; nor shall furnish, nor consent, enemy 0/ that thc subjcfts and inhabitants of their dominions and countries shall furnish any ships, soldiers, mariners, pro- visions, money, instruments of war, gunpowder, or any other things necessary for making war, to the enemies of the other party, of any rank or condition whatever. the other. Marine STATES GENERAL. 177 M Trade to be c;irried on ficcly by the siibjcfts of both partiei with their allies — Marine Treaty between Great Britain and the ^"g"- ^'• United Provinces, concluded at London, "^^ *-"''""'': Dece?nber 11, 1674. Corps Dip: Tom: VII. Part I. P. a82; Pap: OfF: D. i8. Treat: 1790. Vol: I. P. 177. Article I, X HAT it shall ami may be lawful for all and every the subjefts of the most serene and mighty prince the king of Great Britain, with freedom and safety, to sail, trade, and exercise all manner of traffick, in all those kingdoms, countries and estates, which now are, or at any time hereafter shall be, in peace, amity, or neutrality with his said majesty, so that they shall not be any way hindered or molested in their navigation or trade by the military forces, ships of war, or any other vessels, what- ever, belonging either to the high and mighty lords the States General of the United Netherlands, or to their subjefts, upon account or under pretence of any hostility or quarrel now subsisting, or which may hereafter happen, between the said lords the States General and any other princes or people whatever, in peace, amity, or neutrality, with his said majesty : and likewise that it shall and may be lawful for all and every the subjeds of the said high and mighty lords the States General of the United Provinces with all freedom and safety to sail, trade, and exercise all manner of traffick, in all other kingdoms, countries and estates, which now are, or at any time hereafter shall be at peace, A a amity, and not to be interrupted by one party on account of war with the allies of the othen rvr ,,i ji ; !• '1 ii ii :ui ! - ,ri f '^'11 178 STATES GENERAL. g amity, or neutrality, with the aforesaid lords the States; T.LoNuoN. so that they shall not be any way hindered or molested, in their navigation or trade, by the military forces, ships of war, or any other vessels whatever, belonging either to the said king or to his subjefts, upon account or under pre- tence of any hostility or quarrel now subsisting, or which may hereafter happen, between his said majesty and any other princes or people whatever, which are or shall be in peace, amity, or neutrality, with the said lords the States. Art: II. Nor shall this freedom of navigation and com- merce be violated or interrupted by reason of any war, as to any kind of merchandize ; but such freedom shall extend to all commodities, which might be carried in time of peace ; those only excepted, which ?re described under the name of contraband goods in tht following article. Art: III. Under this name of contraband or prohibited goods shall be comprehended only arms, pieces of ordnance, with all implements belonging to them, fire-balls, powder, match, bullets, pikes, swords, lances, spears, halberts, guns, mortar-pieces, petards, granadoes, musquet-rests, bandeliers, saltpetre, musquets, musquet-shot, helmets, head-pieces, breast-plates, coats of mail, and the like kind of armature; soldiers, horses, and all things necessary for the furniture of horses, holsters, belts, and all other in- struments whatever. Art: IV. The following goods shall not be deemed contraband, viz. all kind of cloth, and all other raanufac- ■ "'- "'■ '•,••'' turcs Free com- merce in all goods, ex- cept contra' band. Contraband goods speci- r^n 1 ii CfiiT III •V.' '' : !' Ii >79 1674. T.I.ONUOM. What goods shall not be (leeiiKcl con- traband. Jit: \. T.of the Hague, 1667-8. STATES GENERAL. tures woven of any kind of wool, flax, silk, cotton, or any other material; all sorts of cloathing and garments, together with the materials of which they arc made; gold and silver, as .well coined as not coined; tin, iron, lead, copper, and coals; as also wheat, barley, and all other kind of corn or pulse; tobacco and all kind of spices ; salted and smoked flesh, salted and dried fish ; butter, cheese, beer, oil, wine, sugar, and all kind of salt ; and, in general, all provisions, which serve for the nourishment and sustenance of life ; likewise all kind of cotton, hemp, flax, and pitch; and ropes, sails, and anchors; also masts and planks, boards and beams of any kind of wood, and all other m;iterials requisite for building or repairing ships ; but they sliall be wholly reputed free goods ; as likewise all other wares and things, which are not comprehended in the next preceding article ; so that the same may be freely transported and carried by the subjefts of his said majesty, even unto places at enmity with the said States ; as also, vice versa, by the subjefts of the said States to places under the obedience of the enemies of his said majesty ; except only to towns or places besieged, blocked up, or invested. Art: V. And, that all diffV^rences and coi:tentions on botb sides, by sea and land, may TrL-n henceforth cease and be utterly extinguished, it is agreed, that all kinds of ships and vessels whatever, belonging to the subje6ls of his said ma.jesty, entering or being entered into ai.>y road j^ig^ch or port under the obedience of the lords the States, and ships to shew purposing to pass from thence, shall be only obliged to pom in port. shew to the officers of such port, or to the captains of the guard ships or privateers belonging to the States, (if any A a 2 happen Such goods may he car- ried by the subjciils of one party to the cnemic» of the other. ant- v-je 1 < I H^ ' .1 180 '1 1674. T.LONDON. Merchant- ships, met by ships of war at sea, not to be hoarded by more than two or three men — — and to pass freely, on shev'ing proper pass- ports. STATES GENERAL. happen there to be) their passports according to the form annexed to this present treaty ; nor shall any money, or any thing else, be exafted from them upon that account ; but, if any ship, belonging to the subjefts of his majesty of Great Britain, shall in the open sea, or elsewhere out of the dominions of the said States, meet any ships of war of the said lords the States, or privateers belonging to their subjefts, the said ships of the lords the States, or of their subje6ls, shall keep at a convenient distance, and only send out their boat, with two or three men only, to go on board such ship or vessel of the subjects of his majesty, in order that the passport (or sea-brief) concern- ing the property thereof, accordiiig to the form hereunto annexed, may be produced to them by the captain or master of such siiip or vessel belonging to the subjeds of b'S majesty; and the saidship, so producing the same, shall freely pass ; and it shall not be lawful to molest, search, detain or force such ship from her intended voyage : and the subjeds of the lords the States shall enjoy in all things the same liberty and immunity, they in like manner shewing their passport (or sea-brief) made out according to the form prescribed, at the foot of this treaty. Art: VI. But if any ship or vessel, b onging to the Ensrlisk, or other subje6ts of Great Britain shall be met Merchant- T. ii-. c .1 ^ ^ ships, going makmg to any port, belonging to an enemy ot the lords cJ^imcEy ^he States; [^Quod si navi, &c. ad portuvi aliquem Dominis of either Ordiuibus inimicum tendenti, cbviam fitf] or, on the other party to pro- , . . . diicecockets sidc, if any ship belonging to the United ProviriL^^ of the pasTporS! Netherlands, or other subjeds of the lords the States, shall be met in her way making for any port under the obe- dience STATES GENERAL. 181 dience of the enemies of his said majesty ; [^Portum aliquem, g hostibus di6lce regice majcstatis obtcmperantem, petenti;~] such t.lonuon. ship shall shew not only a passport (or sea-brief) according to the form here under prescribed, wherewith she is to be furnished, but also a certificate or cocket, containing the particulars of the goods on board, given in the usual form by the officers of the customs of that port from whence she came; whereby it may be known, whether she is laden with any of the goods prohibited by the third, article of this treaty. Art: VII. But, if upon shewing such cockets contain- ing the particulars of the goods on board, given in the usual form by the officers of the customs of that port from whence the said ship sailed, (concerning the shewing whereof it is above agreed) either party shall discover any of that kind of goods, which by the third article of this treaty are declared to be contraband or prohibited, con- goods signed to any port under the obedience of their enemies, condemned. it shall not then be lawful to open the hatches of such ship, in which the same shall happen to be found, whether she belongs to the subjefts of his majesty, or of the lords the States ; nor to unlock or break open any chests, packs, or casks in the said ship, nor to convey away any the least part of the merchandizes, before the whole cargo is first put on shore in the presence of the officers of the admiralty, and an inventory made of the same ; neither shall it be The ship lawful to sell, exchange, or any way to alien, the same, notc^ont'Ja. before such prohibited goods shall be duly and lawfully band, are not proceeded against, and 'till the judges of the admiralty ed. respectively shall by sentence have declared the same con- fiscated: provided always, that as well the ship itself, as the Contraband Js not to Mf dV il^"fi h 182 'T i 1 ■ \ 1674. T.LONDON. On delivery of the con- traband goods to the captor, the ship is to be dismissed. Goods of one party, on board the ships of the enemies of the other, arc to be contis- cated— but the goods of the enemies of one pany, on board tiie ships of tlie other, are free; except contraband. STATES GENERAL. the rest of the goods found in the same, which by this treaty are to be reputed free, shall not be detained upon pretence of their being infefted by such prohibited goods, much less shall they be confiscated as lawful prize : and if a part only, and not the whole of the lading, shall con- sist of contraband or prohibited goods, and the master of the ship shall be willing and ready to deliver them to the captor, who discovered them, in that case the captor shall not compel the ship to go out of her course to any port he thinks fit, but shall forthwith dismiss her, and upon no account hinder her from freely pursuing her intended voyage, , Art: VIII. Whatever shall be found laden by his majesty's ^^ubjefts upon any ship belonging to the enemies of the lords the States, although the same is not of the quality of contraband goods, may be wholly confiscated; but, on the contrary, all that, which shall be found put on board ships belonging to the subjects of the* king of Great Britain, shall be accounted clear and free, although the whole lading, or any part thereof, by just title of property should belong to the enemies of the lords the States; except al- ways contraband goods, which being intercepted, all things shall be done according to the meaning and direftion of the foregoing articles. And so likewise whatever shall be found laden by the subjefls of the lords the States in any ship whatever, belonging to the enemies of his majesty, although the same is not of the quality of contraband goods, may be wholly confiscated; but, on the other side, all that, which shall be found put on board ships belong- ing to the subjefts of the lords the States, shall be accounted clear and free, although the whole lading, or any part ^ ' thereof. STATES GENERAL. thereof, by just title of property, should belong to the enemies of his majesty; except always contraband goods, which being intercepted, all things shall be done according to the meaning and direftion of the foregoing articles. Andf lest any damage should by surprize be done to the one party being at peace, when the other party shall happen to be engaged in war, it is provided and agreed, that a ship belonging to the enemies of either party, and laden with goods of the subjefts of the other, shall not by it's infeftion render the said goods liable to confiscation, in case they were laden before the expiration of the terms hereafter men- tioned, after the declaration or publication of any such war ; viz. if the goods were laden in any port or place be- tween the place or limit called the Soundings and the limit called the Naze in Norway, within the space of six weeks after such declaration; of two months between the said limit called the Soundings and the city of Tangier; of ten weeks in the Mediterranean sea; or within the space of eight months in any other country or place of the world ; so that it shall not be lawful to confiscate the goods of the subjefts of his majesty, taken or seized in any ship or vessel whatever of any enemy of the lords the States upon that account, but the same shall be without delay restored to the proprietors, unless they were laden after the ex- piration of the said terms respeftively ; but so as it shall not be lawful for them afterwards to carry any of the said merchandizes, which are called contraband (and which for the reason aforesaid shall not be liable to confiscation) to the ports of an enemy : neither on the other side, shall it be lawful to confiscate the goods of the subjeds of the lords the States, taken or seized in any ship or vessel whatever of an enemy of his majesty, upon that pretence, but the same 183 1674. T.LONDON. CONTRA- BAND. Sc-c 3iJ I ^f/j art: T.o/'/^cHag: 1667-8— Srcirl art; t. Westmin- ster, 1673-4. 3:4. STATES GENERAL. Explanatory Declaration of certain Articles of' the Marine Treaties, concluded between Great Britain and the States General, m the Tears IGG7-8, and 1674, made at the Hague, December SO, 1675. •• -^ » '• "•;> ' Corps Dip: Tom: VII. Part I. P. 319. i Vv H E R E A S some difficulties have arisen concerning the constru6lion of certain articles, as well in the marine treaty, which was concluded on tt December, 1674, as in that, which was concluded on iV February, 1667-8, be- tween the king of Great Britain on the one part, and the States General on the other, relating to the liberty allowed to their subje6ls respe6lively, of trading in the ports of the enemies of either of the parties, We do declare by these presents, that the true sense and intention of the said articles is, and ought to be, that the ships and vessels, belonging to the subje6ls of the one or the other of the parties, may at all times, from the time of the conclusion of the said articles, pass, trade, and traffick, not only from a neutral port, or place, to a place belonging to an enemy of the other party ; or from a place, belonging to an enemy, to a neutral place ; but like\vise from one port or place, belonging to an enemy, into any other port or place be- longing likewise to an enemy of the other party ; whether such places belong to the same prince or state, or to diverse princes or states, with whom the other party shall be at war. Treaty STATES GENERAL. 191 Treatv of Alliance between Great Britain Char. ii. •^ ^ 1677-8. and the States General, concluded at t. west- minster. Westminster, March 3, 1677-8. ' Pap: Off: D. a6. Treat: 1732. Vol: I. P. 183. Article I. X H E R E shall be for the future a sincere, firm, and perpetual friendship and good correspondence, be- perpetual tween the king of Great Britain and his successors and friendship, kingdoms, on the one part, and the States General of the in, as out of United Provinces of the Netherlands, on the other part, and '*'"'^''' their states, dominions and subje6ls reciprocally, as well by sea as by land, in and throughout all places, as well within as out of Europe. , T. WINDSOR. Treaty for renexving former Treaties between James ii. ioo5» Great Britain and the States General, con- cluded at Windsor, August 17, 1685. Corps Dip: Tom: VII. Part II. P. no. ,, Preamble. It is agreed and concluded, that all and singular the treaties here mentioned and named, viz. I. The treaty of peace and alliance concluded at Bredah, on \i July, 1667 ; II. The I ■ f i w :] I 192 ! ? I- t iili i;' STATES GENERAL. gg II. The treaty of navigation and commerce, of the same T. date and place; WINDSOR. III. The treaty of peace, concluded at Westminster — on i» February, 1673-4; IV. The marine treaty concluded at London on the 1st of December, 1674, together with the declaration con- Treatiescon- eluded at the Ila^uc on 15 December, 167/;, more fully tinned, and i • • • • i r t • ^ conKmicd. explauung certam articles of the said treaty of 1674, as likewise of the marine treaty of A February, 1667-8 ; V. The article concluded at London on A March, 1674-5, for preventing or accommodating disputes between the English and Dutch East-India companies ; VI. The defensive league concluded at London, March the 3d, 1677-8; And all and singular the articles contained in the said trea- ties, and every one of them, shall be for ever hereafter con- tinued, confirmed, and established, in the same sense, and to the same effeft, as they were originally formed and concluded; and shall have and obtain the same force and vigour hereafter, as they ought or were esteemed to have heretofore; and that in as ample manner and form, as they were at first drawn up and concluded, and as if the said treaties, and the several articles of the same, were recited and inserted verbatim in these presents. ^ . '^i T Treaty H STATES GENERAL. '93 '#■• Treaty of Amity a?id Alliance between Great Britain and the States General, concluded at Whitehall, August 24, 1689. Corps Dip: Tom: VII, Part II. P. 237. Pap: OfF: D. 32. , ' Treat: 1732. Vol: I. P. 287. . ,," ' Article I. . A H E R E shall be, for the future, a sincere, firm and perpetual friendship and good correspondence, as well by sea as by land, in and throughout all places, as well out of as within Europe, between the king of Great Britain, and his successors kings of Great Britain, and their king- doms, on the one part, and the States General of the United Provinces of the Netherlands on the other part, and their dominions^ countries and subjefts reciprocally. Art: II. All treaties of peace, friendship, alliance, com- merce and marine, hereafter specified, shall be approved and confirmed on both sides, viz. The treaty of peace and alliance, concluded at Bredah on iJ July, 1667. The treaty of navigation and commerce, concluded at the same time and place. The treaty of peace, concluded at Westminster on t*? Fe- bruary, 1673-4. Cc The V^ILl.III. 1689. T. WHITE- MALL. i:'l Perpetual friendship, as well out of, as within Eurtpt. Treaties of 1667,1673-4 1674,1674-c 1675,1677-8 and 1689, approved & confirmed. 'i 1 -'llfT ■b lit *■ ■■'I*'il 1 1- li;! ilil ml if.': w !P' ; ' ''■ ''' ' fi' i| ■3 - j 194 1689. T. WHITE- HALL. 1^ i i I I STATES GENERAL. The marine treaty concluded at London in 167,^, with a declaration, explaining several articles of the said treaty, and of the marine treaty of r^r February, 1667-8, con- cluded at the Hague on 7§ December, 1675. An article for preventing and composing disputes be- tween the English and Dutch East-India companies, con- cluded at London, in 1674-5. The defensive treaty, concluded at London on the 3d of March, 1677-8. The treaty for prohibiting commerce with France, con- cluded August 22, 1689. - All the said treaties, and all and every article contained in them, are effeftually approved and confirmed by this present treaty and shall remain in their original force and vigoar, as if they were here inserted word for word, so far as they do not contradi6b or derogate from one another, or from this present treaty; so that the points and matters stipulated by any later treaty, shall be fulfilled in the time agreed on, without any regard to any treaty of more antientdate. . h ''X- Treaty STATES GENERAL. ^95 " >■' If Anne. 3- T. TRECHT. Treaty of Succession and Barrier between Great ij\]^_[ Britain and the States General, concluded at „ Utrecht, Jawwary 30, 1712-13. Corps Dip: Tom: VII. Part II. P. 236. Pap: Off: D. 55. Treat: 1785. Vol; I. P. 364. Article I. ' ' A. L L treaties oF peace, friendship, union and con- federacy, (except the treaty of the 29th of Oftober, 1709, pormertrea- which is hereby abrogated) concluded between her royal tics conftnn- ' Ctl majesty and the lords the States General, are hereby ap- proved and confirmed, and shall be of the same virtue and force as if they had been inserted in this present treaty. Art: XIII. The subjefls of the queen of Great Britain^ shall for the future, both in time of war and in time of peace, enjoy the same privileges, immunities, franchises and all manner of advantages in relation to trade, as well for ^'^'fto "n7 importation as exportation, which they ever have or ought joy all due to have enjoyed heretofore in all places of the provinces Se 'pEs'" , of the Spanish Netherlands, and of the Barrier, which is °Jj,'5;'JC to be yielded to the States General : and moreover they shall enjoy all privileges, immunities and advantages, which have already been granted, or shall at any time hereafter be granted, to the subje6ls of the States General in the provinces of the Spanish Netherlands, and places belonging to the Barrier, C c 2 Treaty lanili nnd Biinitr, whith arc to be delivered lip to the JDuh/j. i n f,l t ", >] ' n i 'i. \ 1 4 4 ■ ! i ' ' i I ^ I ;5 196 STATES GENERAL. George I. Treaty for confirming former Alliances betwecfi T. WEST-' Great Britain and the States General, con- cluded a^ Westminster, Feb. 6, 1716-16. MINSTER. Pap: Off: D. 58. Article II. At is agreed, that all and every the treaties of peace, rormertrca- friendship, alliance, navigation and commerce, hereunder tics confirm- specified and named, be approved and confirmed, viz. The treaty of peace and alliance, concluded at Bredah on tr Julys 1667. The treaty of navigation and commerce, made at the same time and place. The treaty of navigation and commerce, concluded at the Hague on /▼ February, 1667-8. The treaty of peace, concluded at Westminster on iV Fe- bruary 1673-4. The marine treaty concluded at London on tV December, 1674, together with The declaration signed at the Hague, on ?§ December, 1675 ; by which the sense of certain articles, as well in the above-mentioned treaty of 1674, as in the marine treaty of 1667-8, is explained. But, whereas some disputes have happened concerning the explanation of the 12th article of STATES GENERAL. of the aforesaid treaty marine of 1674, it is agreed and concluded, for deciding all difficulty upon that matter, to declare by these presents, that by the revisions, mentioned in the said article, are meant those, which are received by custom in Great Britain and in the United Provinces y and always have been received, and which are granted, and always have been granted, in the like case, to the inhabi- tants of the said countries, and to every foreign nation. The article for preventing or accommodating the dis- putes, which may arise between the English and Dutch companies trading to the East-Jv.d>icSf concluded at London on IT March, 1674-5. The defensive alliance, concluded at Westminster on the 3d day of March, 1677-8. The treaty settling the proportions between the fleets of England and of the United Netherlands, concluded at the palace of Whitehall, on the 29th day of April, 1689. The treaty relating to the ships and goods, which during the war might be recovered out of the enemies hands, con- cluded at the same place, on the 2 2d day of Odober in the same year. The treaty concerning the succession to the crown of Great Britain, and the barrier of the United Provinces of the Netherlands, made at Utrecht on IS January, 1712-13. The abovementioned treaties, and all and singular the articles thereof, are by this present treaty a6lually approved and »97 1715-16. T. WEST- MINSTER. f Hi ! 1, •' -'^ 1 If} \W'f m < I 39S STATES GENERAL. ^jg and confirmed, and Riiall have the same force and effe6l, T. wKST- as if they had been here inserted verbativi; that is to say, ^'^''''^^'^' so far as they do not differ from one another, or are not contrary to this present treaty ; so that those things, which have been estabhshed by any later treaty, shall be under- stood and performed in the sense therein expressed, with- out any regard had to any former treaty. ., .i!i Geo. II. 1728. T. WEST- MINSTER. Treaty of Friendship and Concord between Great Britain and the States General, for the Renewal and Confirmation of former Treaties i concluded at Westminster, Afay 27, 1728. Article II. A H AT this friendship and concord may be better pre- Formertrea- scrvcd, it is agreed and concluded between the king of ties confirm, q^^^^ Britain and the States General, that all and singular the treaties of peace, friendship, alliance, navigation, and com- merce, hereunder named, shall be approved and confirmed. Here follows, in the original, an enumeration of treaties, which (except a confirmation of the treaty of 1716, and of two more treaties subsequent to 1716, but not relative to the marine) is word for word the same, as the list inserted in the preceding Treaty of ij 16* r V . . , ■ • ,1 ' • r I. - Treaty STATES GENERAL. 199^ \iif Treaty of Peace, Amity and mutual Defence , Geo. ii. between Great Britain, France, and Spain, tJwill^. concluded at Seville, November 9, 1729, and acceded to by the States. General, Nov. 21, 1729. Corps Dip: Tom: VIII. Part II. P. 158, Pap: Off: B. 64. Treat: 1732. Vol: IV. P. 201. Treat: 1785. Vol: I' P. 306. ."■ ;. Article I. jAl L L former treaties and conventions of peace and friendship, and of commerce, concluded between the r /; • contrafting parties respeftively, shall be, as they hereby on of former are, effe6tually renewed and confirmed in all those points, which are not derogated from by this present treaty, in as full and ample manner, as if the said treaties ^v'ere here inserted word for word ; the said parties pro- mising not to do, or suffer any thing to be done, which may be contrary thereto, dire6lly or indiredly. vf ^ 11 } \ >' Treaty i4i .: !U \ l| flir' mhi ^ m 200 STATES GENERAL. Geo. II. Treaty of Peace and Alliance between the T.VIENNA. King of Great Britain and the Emperor, concluded at Vienna, March 16, 1731, and acceded to by the States General, February 20, 1731-2. Rouss: Sup: au Corps: Dip: Tom: II. Part II. P. 288. Pap: Off: D. 72. Treat: 1785. Vol: II. P. 318. Article I. ^VlL former treaties or conventions of peace, friend- ship and alliance, shall have their full effe6t, and shall Former trea- prcscrve, in all and every point, their full force and ties confirm- yirtuc, and shall even be looked upon as renewed and confirmed by virtue of this present treaty; except only such articles, clauses, and conditions, from which it hath been thought fit to derogate by this present treaty. Treaty iiiii 1 STATES GENERAL. 201 Treaty of Peace and Friendship between Great Britain and the States General, sig?ied at Paris, May QO, 1784. Geo. Til. 1784. T. PARIS. Treat: 1785. Vol: III. P. 420. Treat: 1790. Vol: I. P. 191, Article I. X HERE shall be a christian, universal and perpetual peace, as well by sea ;as by land, and a sincere and con- stant friendship shall be re-established, between his Bri- tannick majesty, his heirs and successors, kingdoms, do- minions and subje6ls, and their high mightinesses the said States General, and their dominions and subje6ls, of what quality or condition soever the/ be, without exception either of places or persons ; so that the high contra6ling parties, shall give the greatest attention, to the maintaining between themselves, and their said dominions and subje6ls, this reciprocal friendship and intercourse, without permit- ting hereafter, on either part, any kind of hostilities to be committed, either by sea or by land, for any cause or under any pretence whatsoever : and they shall carefully avoid, for the future, every thing which might prejudice the union happily re-established, endeavouring on the con- trary, to procure reciprocally for each other, on every occasion, whatever may contribute to their mutual glory, interests and advantage, without giving any assistance or protedion, diretlly or indireftly, to those who would do any injury to either of the high contracting parties. There Dd • shall Universal, and perpe- tual peace. General Ob- livion, of every thinjr, doneorcom- niittcd, be- forc,or, since the war. •,.#^5 f 1 ■ 1 , • "I? I it m il r if" ff •■ I 1 , ll I 11 I I ( 202 STATES GENERAL. j„g.^ shall be a general oblivion of every thing, which may have been done or committed, before or since the commence- ment of the war which is just ended. Art: II. With respe6l to the honours of the flag, and the salute at sea, by the ships of the repubhck towards those of his Britannick majesty, the same custom shall be respec- tively followed, as was practiced before the commencement of the war, whi h is just concluded. T. PARKi. Touching the honours of the fl.iff, and the sa- lute at sea. Navigation in Eajtern seas,i>ottobe obstrufled. Commissa- ries, to ar- range the navigation, on the coasts oi Africa and ApMonia. Art: v Ihc States General of the United Provinces promise and engfc,. : not to ob>tru6l the navigation of the British subjefts in the Eastern seas. Art: VII. Whereas differences have arisen between the English African company, and the Dutch West India com- pany, relative to the navigation on the coasts of Africa, as also on the subjeft of cape Apollonia ; for preventing all cause of complaint, between the subjefls of the two nations on those coasts, it is agreed, that commissaries shall be named, on each side, to make suitable arrangements on these points. '; i u »i:ii t;. J '-. hi : :'■ ■:.-;. Yf -ii ;:;!{:/ ' • / ^ ,- "fir^'l' -; i^ V ^ - ' y^ '.f >U.' :i. rU,ti i Treaty f, 'I STATES GENERAL. 203 Treaty of Defensive Alliance hetxveeii Great Geo. rii Britain and the States General, sig?ied at -^-^ \QV the Hague, April 1^, 1788. Treat: 1790. Vol: I. P. 199. Article I. HERE shall be a sincere, firm and constant friend- ship and union between his Britannick majesty, his heirs ^'."".'^ and successors, and the lords the States Genera^ of the United amiumou! Provinces, so that the high contra6ling partic , i ill direct their utmost attention, to maintain this m' ual t:iendship and correspondence between them, and their dominions and subjefts ; and they engage to contribute iS far as shall be in their power, mutually to preserve and defend each other in peace and tranquiUity. Art: II. In case either of the high contraftinsr parties , ° '-' *. Incaseeitner should be hostilely attacked by any European power, m any party be at- part of the world whatsoever, the other contrafting party Jlhcrt'o^suc- engages to succour it's ally, as well by sea as by land, in order '^°"'" "'"=>">• to maintain and guaranty each other mutually in the pos- session of all the dominions, territories, towns, places, fran- chises and liberties, which belonged to them respectively before the commencement of hostilities. ^\ Art; III. His Britannick majesty guaranties, in the most q,.^^^^^^. . effe6lual manner, the hereditary stadholderate, as well as guaranties, the office of hereditary governor of each province, in the rystadthoid" serene house of Orange, with all the rights and prerogatives "^^^^ '"j*''*' D d 2 thereto Oian^c. u m liij . ..ti r m 204 1788. T. HAGUE. !tm -H In cas', ci- ther party be attacked, in jffrica, or in y/sia, by an European power, the governors to furnish suc- cour. STATES GENERAL. thereto belonging, as forming an essential part of the con- stitution of the United Provinces, according to the resolutions and diplomas of the years j 747 and 1748, by virtue of which, the present stadtholder entered into the possession of those ofhces in 1766, and was reinstated therein in 1788; engaging to maintain that form of government, against all attacks and enterprizcs, dired or indirect, of whatsoever nature they may be. Art: VI. But as it may happen (considering ihe distance of several of the possessions of the two high contracting parties) that the advantages, which ought to result to them reciprocally from the conclusion of the present treaty, may become illusory, unless measures can be taken for the mutual defence of those possessions, before their respeftive governors could receive orders from Europe for that purpose ; it is stipulated and agreed, that in case either of them should be hostilely attacked, or even menaced with an hostile attack, in its possessions, whether in Africa, or in Asia, by an European power, the governors of their settlements, in those two parts of the world, shall be enjoined to concert together the succour to be furnished, and in case of need, to furnish such succour, in the most speedy and effedual manner, to the party attacked; and that orders to thateffe6l, shall be expedited to the said governors immediately after the conclusion of the present treaty : and in case the two high contrafting parties, should be obliged to furnish the aforesaid succours, they shall not permit the ships of war, of what nature they may be, of the power attacking, to en- ter into any of their ports in the aforesaid settlements, until peace shall be restored between the party attacking, and the ally of the contrafting party, unless the said vessels be forced to 205 1788. T. HAGUE. If iiwolvcd ill a w ir; not to disarm but l)y coibcnt. The power requiring succours, to provide whatever, the ships or troops may want. STATES GENERAL. to take refuge there, to a\'oid perishing, or being ship- wrecked. Art: VII. If it should happen that the two high con- trafting parties, shall be equally involved in a war against a common enemy, they reciprocally promise each other, not to disarm but by common consent; and they shall com- municate to each other confidentially, the proposals for a peace or truce, which may be made. Art: IX. The power requiring shall be obUged, whether the ships, frigates, and troops, with which it shall have been furnished, remain for a long or a short time in it's ports, to provide whatever they may want, at the same price, as if they belonged to such power itself. It has been agreed, that tho said troops or ships, shall not in any case be at the expence of the party requiring, but that they shall never- theless remain at its disposal, during the whole continu- ance of the war in which it shall be engaged. The succours above-mentioned shall, with respeft to discipline, be sub- jedl to the orders of the chief officer who commands them; and they shall not be employed separately, or otherwise, than in concert with the said' commanding officer: with regard to the operations, they shall be wholly subject to the orders of the commander in chief of the power requiring. Art: X. It is agreed, that until the two powers con- clude a treaty of commerce with each other, the subjects J^"of coiT' of the republick shall be treated, in the kino[doms o^ "'"'',"' }'', » . o concluilcd, Great Britain and Ireland, as the most favoured nation ; to be treated, and the same shall be observed in the United Provinces, to- favourtTna- wards the subjects of his Britannick majesty. It is how- ^'°"* ever to be understood, that this article is not to extend to a diminution of the import duties payable upon linens. Art: XI. gi.iir i »{ • :^* ' il m I ' i\ 206 STATES GENERAL. •i; «g Art: XI. Whereas by the fourth article of the treaty of T. HAGUE, peace, signed in the month of June, 1784, his Rritannick majesty engaged to treat with the said lords the States Ge- neral for the restitution of Negapatnam, with its dependen- cies, in case the said lords the States General should in future have any equivalent to give; and whereas their . high mightinesses, have now renewed their request for ob- taining that restitution, as well as for settling and deter- mining precisely the sense of the sixth article of that treaty, Tn rcipca to Of ^ ,. rn-/i-n-i the rcstituti- concemmg the navigation or British subjects in the eastern rr/ww. "^^ seas; his Britannick majesty, in order to manifest his good will towards the republick, is disposed to concur in these desires of their high mightinesses, and even to secure to the republick, additional and real commercial advantages in that part of the world, as soon as an equivalent for those objefts can be agreed upon ; in return for which, his Bri- tannick majesty, will require nothing but what is favourable to the reciprocal interests and security, of the contrafting parties in the Indies : and, to prevent the negotiations for such arrangements from retarding the conclusion of the present treaty, it is agreed, that they shall be begun as soon as possible, and be concluded in the space of six months, from the date of the present treaty; and that the convention to be made thereon shall have the same force, as if it was inserted in the treaty itself. , . 5^ None of the Former Treaties, with the States General, appear to have been renewed or confirmed: either, by .,' ,. . ' : the Treaty of Peace 0/ Paris, in ijS^i or, by the Treaty '• - of Defensive Alliance of the Hague, in 1788. TREATIES TREA TIES gWyl WITH P R T U GA L. ■Iv Treaty of Peace and Commerce between Great char. i. .. 777 Tl JOHN IV. Britain and Portugal, concluded at London, 1641-2. T. LONDON, < Jan, 29, 1641-2. ill Corps Dip: Tom: VI. Part I. P. 238. Pap: Off: E. a. 2. Treat: 1732. Vol: II. P. 322. \ Treat: 1790. Vol: II. P. 258. ■ I if This is the first Treaty rvith Portugal, after that King- dom, by throwing off it's SubjeElion to Spain, had r/r- covered it's Independency under the Duke of Braganza, stiled John the Fourth, ,• ' . , r Article I. , HERE shall be for ever, a good, true, and firm peace and amity between the kings of Great Britain and Portugal, l^'™ p^^ce their leirs and successors, and their kingdoms, countries, states, lands, people, vassals, and subjeds whatever, pre- sent and amity. •'i: \%'n \ ll ■^i' li'Q .1 -\\:, m K ffiP^ .f I' 1, H .i ]. : ! )1 2o3 PORTUGAL. ~^ ~ sent and to come, of what quality and condition soever they T.LONDON, may be, as well by sea as by land, and fresh waters; so that the said vassals .and subjefts, shall treat one another favour- ably, and render to each other all manner of good offices, true amity, and affeftion ; and the said kings, their heirs and successors, shall not do or undertake any thing, either by themselves, or by other persons, against one another; nor against their kingdoms, by sea or land; nor consent or adhere to any war, counsel, or treaty, which may be to the prejudice of the one or the other. Art: II. That there be, and shall be, between the said Free passage kings and their vassals, inhabitants and subjeds, on both n"e',cc°o"and sidcs, a frcc commcrcc as well by sea as by land, and fresh •from, the waters, in all and every of their kingdoms, dominions, ports of each i i i i • • -n other, on islands, and other lands, cities, towns, villages, harbours usuKuties. and territories of the said kingdoms and states, wherein trade hath been carried on, from the time of the kings of Castile, or hath been continued to this present ; so that the subje6ls and vassals of both kings, may go, enter and sail, without any passport or other general or special licence, as well by sea -as by land, and in fresh waters, in the king- doms and dominions aforesaid, and in the cities, towns harbours, rivers, roads, and territories thereof; and there carry merchandizes, and loads or ladings, upon carriages, and horses, or in ships, and sell and buy all kind of pro- visions, and furnish themselves with every thing necessary for their subsistence or voyages; and there repair their ships or carriages, whether they are their own property, or hired or borrowed; and they may depart with the same freedom from thence, with their goods, merchandizes and other i .. effe6is PORTUGAL. eflFc^ls whatever, upon payinjr only the usual duties and customs, as they arc estabhshed by the ordinance of each place; and go to their own countries, or to any other places whatever, as they please, and when they think fit, without any molestation or impediment whatever. Art: VII. That the captains, masters, officers and ma- riners of the ships of the king of Great Britain shall not commence or prosecute any suits or aftions against the said ships, nor against any of the subjefts of the said king, wit] . 1 the extent of the kingdoms and dominions of the king of Portugal, for their wages or salaries, on pretence, that they will make profession of the Romish religion, or that they will list themselves in the service of the king of Portugal. Art: X. That the king of Portugal, or his ministers, within the extent of his kingdoms and states, may neither detain the ships of the subjects of the king o^ Great Britain, nor his subjefts them.selvcs, without his knowledge and consent for warlike services, or any other service what- ever ; but that the said ships and subje6ls may freely de- part, when they please, from the ports and dominions of the said king, without any hindcrance on the part of the said king of Portugal or his ministers; and that the goods and merchandizes of the subjc6ls of the king of Great Britain may not be taken for the service of the king of Portugal, but only at the current and usual price, to be paid within two months, unless both parties agree upon some other time of payment. Art: XI. That the subjcds of the king of Great Britain diall freely carry in their ships all things, goods and mer- E c chandizes, 209 1641-2. T. LONDON'. British ma- riners, not to sue for their wages in Poitii^^a!, Brit tin ships or siibje:fs not to be de- tained by the Poitngucse, for any scr- %'ice without the consent ' ol" the liing oiGt.Biiiain, Goods not to he taitcii for the ser- vice of the i I -m n t ill ^ ^ 210 1641-2. T. LONDON. Free navi- gation and commerce. PORTUGAL. chandizes, of what kind soever they may be, even arms, provision, or other the Hke things; [etiam anna, amionam, aliave similia ;] out of the ports and dominions of the said king, or out of any other ports or dominions whatever; provided that they arc not carried dire61;ly out of the ports of Portugal, or the dominions thereupon depending, to be transported into the ports and territories of the king of Castile; and that neither the king of Portugal, nor his sub- jefts, may by way of seizure, reprizal, or any other me- thod whatever, hinder the said ships, goods, or persons, being subjefts of the king of Great Britain, from saihng safely to the ports and territories of the said king of Castile, and carrying on their trade and commerce there: and the subjefts of the kings of Great Britain and of Portugal shall have the same power on the one side and the other, if here- after it should happen, that either king should be at war with any ally of the other : and the subjefts of the king of Great Britain shall, with the same libv^'rty, carry all sorts of merchandizes, even arms, provision, or other the like things, into the kingdoms and states of the king of Portugal; and shall there sell them, as they think proper, in open market, or privately, without any hinderance from the king of Portugal or his ministers. Art: XVIII. If it should happen hereafter (which God forbid) that any difficulties or doubts should arise between the said kings, which might give occasion to apprehend the interruption of commerce and correspondence between their subje6ls ; publick advice thereof shall be given to the subiefts of both sides in all and every the kingdoms, states, given, tore- • . r 1 i 1 • 1 «• n movceffeas. and provmces or both kmgs; and, alter that notice grvcn, they shall be allowed two years, on both sides, to transport ihcir Subjc(?\s on cither side to liave an ctjiial liberty of trading, if either king should be at war with an ally of the other. Two years allowed, af- ter notice PORTUGAL. 211 their merchandizes and goods; and in the mean time there jg shall be no injury or prejudice done to any persons or goods t. London. on either side. Art: XIX. And if, during the present peace and amity, ifanyiniury any thins should he undertaken, committed or done, con- '^ '-■»";""'- J ci 3 lea, uiiring trary to the force and eflccl thereof, either by sea or land, ''^^ PV''^« or on fresh waters, by either of the aforesaid kings, their oni> shall be heirs or successors, vassals or subje6ls; nevertheless the p"""'^'^''' present peace and amity shall remain in their force and virtue, and only the contraveners and offenders shall be punished, and no others. Art: XX. That the present peace and alliance shall in no wise derogate from the alliances and confederacies not'to £>. formerly made and contracted between the king of Great g-'f'^^t'""'-^'- ' _ o nances coil - Britain and other kings, princes, and commonwealths ; tra«cci witii but the said confederacies and alliances shall be (irmly pre- en^' ''" served, and remain for tlic future 'u\ full force and virtue, this present treaty of peace notwitlistanding. ^0"' u 4 i IVl Eo 2 Treaty ,-«r:H ^^Vi' Mr r^' 5' '111' t ! 1 1 ■ 9 k 1 1 i ii ti.. ?■; ■ :; i u i 212 PORTUGAL. o;..crom. Treaty of Peace and Alliance bdwee?/. ObVer John iv! Cromwell, Protector of^ the Repiihlick of T. wes't- England, and the King of Portugal, co;i- MINSTER. eluded at Westminster, July 10, 1654. Corps Dip: Tom: VI. Part II. P. 82. Pap: OfF: E. 2, b. Treat: 1732. Vol: III. P. 97. Treat: 1785. Vol: I. P. 71. Treat: 1790. Vol: II. P. 267, Article II. A H A T there shall be a free commerce between both nations, and their people, subjefts and inhabitants, as well iv»- „,cc,.„» by land as on the sea, and in rivers and fresh wati rs, in all and com- and singular the countries; lands, dominions, territories, merce. • • 1 i i • • • -n provmces, islands, colonies, cities, towns, vliages, ports and borders, where commerce was heretofore, or is at this time carried on, in such manner, that the people, subje6ls, and inhabitants of either nation, may, without any safe- condu6l or other general r^- special licence, pass by land and sea, by riveis and frv . i vaters, to the aforesaid domi- nions and kingdoms, and all their cities, towns, harbours, shores, bays and places ; and sail and enter into the same, and import their merchandizes, with carriages, horses, packs or ships, laden or to be laden, and buy and sell goods there, and supply themselves at a reasonable price with what provisions they shall think fit, and with all things necessary for their sustenance and voyage ; and refit their ships and carriages sfts? 10.H. T. \\Khr- MINST'',R. PORTUGAL. carnages, whether ilieir own, or such as nre hired O: lent; and ^vith the sjme liberty depart from thence with their goods, merchandize, and all other things whatever, either to their own or foreign countries, as they shall think fit, and without any hinderance; saving nevertheless all the laws and ordinances of each place. Art: VI. That t'le captains, masters, officers, and mariners of any ships, belonging to the republick of mariners ot England, or to any of the people or subjefts thereof, shall ,f^t"to\'J^|)!J not bring any suits against, or in any way molest, the said si''ts. or de- ships or people of the said republick, within the kingdom service in or government of the king oi Portugal, on account of their '""'^''• stipend or wages, on pretence, that they profess the Romijh religion ; nor shall they, under this or any other pretext, engage in the service of the king of Portugal, or in any other manner quit the ships, to whose crew they belong ; and, if any shall offend in this point, an account shall be taken of their names, and they shall be compelled by the magistrates and officers of the place to return to their ships; and, if they cannot be found, it shall be lawful for the master of such ship or vessel to detain their cloaths, goods or wages, to make good the damage sustained. Art: IX. That neither the king of Portugal, nor any of his ministers, shall detain or arrest any merchants, masters h .tycfl' .>i of ships, captains or mariners, or their ships, merchandize ii":"<'»<>*""« ' _ _ ^ party carried of the one, and carried into any ports or places belong- by an enemy ing to the dominions of the other, to be conveyed away "1 "he other, from the owners or proprietors ; but tlie same shall be re- * j ''"^ "^*'°'' stored to them, or their attorneys, provided they lay claim to such ships and goods before they are sold or cleared, and either prove their right, or exhibit testimonies of their pro- perty in them, within three months alter the said ships and goods shall luive been so can ied in; and in the mean time the proprietors slidll pay and discharge the necessary ex- penses for the preservation and custody of the said ships and goods. Att: XXIII. That all goods and merchandize of the <^""«^;"» said COP federates, or of their people or subjeds, found on fderat-, board the ships of the enemies of either, shall be made h<|;mi an prize together with the ships, and confiscated ; but all the *",',",''';',;!""" goods and merchandize of tlie enemies of either, put on fi'^iaf' board the ships of either of them, or of .heir people or make luc subjeds, shall remain untouched. ;. •- . , - . - ^""''' Art: XXVI. It is also agreed and concluded, that no other league or confederacy whatever, made, or to be made, Ni>!«vi. "c by eitlier of the confederates with any other princes or re- othr'i !i.'(re j>ublicks whatcx-er, shall dero;^a^e from the present treat)' !',.', .'.''i'thl^''" of peace ami alliance, but that tliis peace and confederacy ''">• shall be kept entire and ab.vays in full ibrce, Ff TrerUy m I' 'I • ^ii) U' hu.') iiff I 'i • t ii 2l8 PORTUGAL. *jki Treaty of Peace and Frieiidship between Great f iF.O. III. ^ U I Joseph. Britain, France, and Spain, concluded at T^^ARis^ Paris, February 10, 1763, and to xvbich tbe Provision in lespcift to Poriuiueit colonics. King o/" Portugal acceded the same Day. i-> • • '• Treat: 1785. Vol: III. p. 177. • - 7* - Treat: 1790. Vol: I. P. 467. '» ' ' " Vide ist. Article of this Treaty printed under the head of France, page 52; and 2d. Article printed under the head o/" Spain, /(Zg-tf 141. • ,^ , , ,. Artict'- XXI. 1 H E French and Spanish troops shall evacuate all the territories, lands, towns, places, and castles, of his most /ae'/A/w/ majesty in Europe, without any reserve, which shall have been conquered by the armies of France and Spam, and shall restore them in the same condition they were in when conquered, with the same artillery, and ammunition, which were found there: and with regard to the Portuguese colonies in America, Africa, or in the East Indies, if any change shall have happened there, all things shall be re- stored on the same footing they were in, and conformably to the preceding treaties which subsisted betwen the courts of France, Spain, and Portugal, before the present war. Separate Article III. Though the king of Portugal has not signed llie present definitive treaty, their Britannick, most Christian and -, , Catholick PORTUGAL. 219 Catholick majesties, acknowledge nevertheless, that liis g most Faithful majesty is formally included therein as a t. par is. contracting party, and as if he had expressly sij^ned the said treaty: consequently, \he\Y Britaiivick,ii\o%\. Christian, and Catholick majesties, respeftively and conjointly, promise />*r/«M/ in- to his most Faithful majesty, in the most express and th*!!* treaty. most binding manner, the execution of all and every the clauses, contained in the said treaty, on his a£t of .accession. ^^ ^ ^ ^ 'N [ M > TIT ■*r»e* ' > ?-"«>»»«■ .' I ■* > .# ^ ,5%t>'f ■,ii'«'..i •IT .. f . •^ » ) J . y u \. *;■>', v>'r'>V^ liU".^ .'^'^ ,:j* "jn J ■*'■ m t ' ♦ I I ■ < J i 1 \> ..■.',,; ..-fWi Ff 2 :>,.,.. w, AUSTRIAN P ^ ^4^ ^?^^( IMAGE EVALUATION TEST TARGET (MT-3) k // // -.n.^ A 4^ 11= 11.25 1^ ULM2.6 ^ U& |2.0 U lid 1^ V Photographic ScMices Corporation 23 WIST MAIN STRUT WIBSTIR.N.Y. USSO (716) •72-4S03 % i m ; , ( li ]' III >,, '* 1 1 U 'it '. ■'■'•■ W ' .i r ! ':■ i; 1-i . h: i'li li h "i M m T * -v : r'^^ivf ;kiiJ TREA TIES •iiV' IJLi. •N ' ijn:; 01;.' l:>-i' i-rrf i(.- 'J,-. WITH THE rf(\^ "-,•'. 1)1' Hen. VII. Philip, AUSTRIAN NETHERLANDS, Treaty of Peace and Commerce between Henry Arch-duke. VII. King of England and Philip Arch- H95-^' Duke of Austria, Duke of Burgundy, Bra- barit, &c, and Sovereign of the Netherlands, concluded at Ijondon, Feb. 24, 1495-6. Corps Dip: Tom: III. Part II. P. 336. Rym: Foed: Tom: XII. P. 578. Article I. XT is agreed and concluded, that from this day there be a good, sincere, true, intire, perfeft and firm friendship, league, confederacy, peace, and union, by sea, land, and fresh water. Peace and to indure perpetually in all future times, between the said lords the king and arch-duke, and their heirs and successors, kingdoms, countries, dominions, lands, vassals and subjeds, whatever; so that the said vassals and subjefts, on both sides, shall be obliged mutually to favour one another every Union. 1 ..]!,£ ^i 1%:: ; I'M 1 (jfipll 1™ AUSTRIAN NETHERLANDS. 22 1 every where, and do one another reciprocal good offices, j .Q^.g and treat one another with sincere and honest afFe6lion. t. London. SiibjeiSs of R Inland to trade treely in all the do- iiiinionsut the arch- duke. Art. XI. That all merchants of the \imgdoxnoi England, as also their faftors, friends, managers and servants, sea- men, masters of ships and mariners, may sail, go, pass and repass, by sea and fresh water, traffick in going and re- turning, be and remain freely and securely in the countries, land and dominions of the aforesaid lord the arch-duke, and may buy, have, sell and bargain, and bring, or cause to be brought, either their own or foreign goods into the ports and shores of the countries and dominions of the said arch-duke, and may safely depart and return from the said ports and shores as often, whenever, and whithersoever they please, with all their goods, merchandizes, and ships whatever, .^•a- : ^ Art: XIV. That the fishers of both parties, of what condition soever they are, may ireeiy go and sail every where by sea, and safely fish without any impediment, Fi,i,erc, on licence or passport ; and, if it shall happen, that any of the ^° J.^'^^f u. fishers of the one party, either by accident, storm, enemies, out impedi- or otherwise, are forced to enter into any port or distri6l ^nce'. ""^ of the other party, they shall be peaceably and amicably received and treated there, paying all just duties and customs; and may freely depart and return from such iff'rcedinto .,,.,. . port to be ports and places, with their ships and goods, without any amkahiy hinderance or obstruftion whatever: provided however, ^'"''•'^' that such fishers are not guilty of any cheat or fraud, or that they do not occasion damage to others. Art: XV. That no pirates or others, making war by sea without the authority of their princes, shall be received ( into >^m: I ■'I' Pllf 222 AUSTRIAN NETHERLANDS. "7" intO' any of the ports or shores of the aforesaid princes, T.toNDON. or of either of them, whether they belong to either of the *~~~^~ aforesaid princes, or to any other nation; nor shall they, or any of them, be assisted in any of the kingdoms, Pirates not to countrics, dominions, or lands of the aforesaid princes, e absiste . ^jj.j^ moncy, arms, warlike instruments, viftuals, or any . other thing whatever, in any manner ; nor shall they be • . favoured upon any pretence whatever, on pain of restitu- tion and full satisfadion for all damages, expenses and injuries, done or to be done by such pirates and violent robbers, to be made to the aforesaid subje6ls, or to any one of them, as well by the pirates themselves, if taken and able to pay, as by their harbourers, favourers and assistants. Art: XIX. That if any ship shall be taken in any port. Ships, taken or within the liberties, of either of the aforesaid princes, in the ports . , • n i r • i • ■, of either by any person not subject to the aforesaid prmces, that £ieTfor° prince, in whose port or liberties such ship is taken, shall be obliged, together with the other prince, to sue for the ,'^ ., restitution of the said ship, but at the cost and expense ' : ' of the party injured. ^Q. '^^■'' '^'-^ ;.--^ ■■■- — • v.N^;..) ^v^^^'j^•av;'.l 'i:'y\ ^-'i '*. I: jhips and ly freely unladen, of either [heir own no way -: XXIII. A I 'f'^. A: .\ ' .„.,v; .:,-K I-.'. . s " .'V- Treaty ■ \ tilt mm 224 AUSTRIAN NETHERLANDS. "ri 7 mm and King of Spain. 1529- T. CAM- BRAY. Hen.viii. Treaty of Peace and Commerce between Henry Char. \. ^ '•' ^ Emperor VIII. King of England, and the Emperor Charles V. King of Spain and Sovereign of the Netherlands, concluded at Canibray, Augiiji 5, 1529. Corps Dip: Tom: IV, Part II. P. 42. 1 HE articles of this treaty, relative to maritime affair Sy make no particular mention of the Netherlands, but are general, and regard all the subje^s of all the dominions and countries of the contraEling powers; it was therefore not thought necessary to repeat those articles here, but to refer the Reader to title Spain, page 99, where they are already inserted. and King of Spain. 1542-3 ' ml Hen.viii. Treaty of Peace and Commerce betxveen Henrj Emperor VIII. King of England, and the Emperor Charles V. King of Spain and Sovereign of the Netherlands, concluded February 1 1 , 1542-3. Corps Dip: Tom: IV. Part II. P. 217. jiS thix treaty is conceived in the same general terms, as the former, none of the articles are here inserted, but the Reader is referred to title Spain, page 99 and 103, for the reasons aforementioned. . ' ■. . Treaty AUSTRIAN NETHERLANDS. 225 C.J '< Treaty of Peace and Commerce between ^2imQ^ I. j^^^s i. Phil. III. Kin^ of Great Britain, on the ofie Part, [and Albert & ^ ^ *- Isabella. Philip III. Kins^" of Spain] and Albert and ^^°4- 1 O c/ J. " T.LONDON. Isabella, Arch- Duke and Arch- Duchess of Austria, &c. Sovereigns of the Netherlands, . on the other Party concluded at London, August IS, 1604. .:..-... _ . Corps Dip: Tom: V. Part II. P. 32. _■> • ■^reat: 1732. Vol: II. P. 131. Article I. ^ 1 HERE shall be from this day forward a good, sincere, true, firm and perfeft amity and confederacy, and per- petual peace, which shall be inviolably observed between Perpetual the most serene king of England, and the most serene amity. king of Spain, and the most serene arch-duke and arch- duchess of Austria, &c. and their heirs and successors wl '»tever; and their kingdoms, countries, dominions, lands, people, liege-men and subje£ls whatever, present and to come, of whatsoever condition, state or degree, as well by land as by sea, and fresh waters; so that their vassals and subjects shall behave in a truly friendly manner, G g and ;'. ^^1' M 226 AUSTRIAN NETHERLANDS. g and shew good afFeftion, and do all good offices to T. LONDON, each other. The substance of the 12th Article of this Treaty, relative to the Netherlands, is fully comprehended in the 16th, 18th, and 20th Articles of the subsequent Treaty of 1630: and the other Articles, making no par- ticular mention of the Netherlands, are referred to under Spain, page 104, for the reasons be- fore given. See the Note to the Treaty cf 1529. page 99, pr,» ■' I , .!:* , i 'i ', 'iSJt 1630. T.MADRID. phA!!'iv. Treaty of Peace and Commerce between Charles I. King of Great Britain, and Philip IV. King of Spain and Sovereign of the Nether- lands, concluded at Madrid, November 15, 1630. ^ ; ; ' Corps Dip: Tom: V. Part II. p. 619. Article VIII. J.T is agreed, that it shall be lawful to go to the ports Free ingress of the Said kings, there to remain, and depart from thence for rii ships with the same liberty, not only with merchant-ships, but of either'^*' also with all manner of ships of war, whether they are party. forccd in by the violence of storm, or to repair their ships, or to buy provisions; provided that, if they come in of their ^^'■^ H) AUSTRIAN NETHERLANDS. 227 their own accord, they do not exceed the number of ^q six or eight ships, and do not n main longer in the ports, t.maukid or about the ports, than shall be necessary for refitting or purchasing necessaries,, lest they should be an hin- derance to the free commerce of other friendly nations, shipsofwar, But if there shall be a greater number of ships of war, [l^f^^^ "^^ ^^ then, they shall not come in without first consulting the ""rTwkhout king, and on condition, that they commit no hostility leave. in the said ports, but behave themselves like friends and confederates. Art: XVI. What is said concerning free commerce, granted to the subjefts of the most serene kings, the same is hkewise to be understood, and in the sam'f u:_5>Mlx . >J I ' . ' ■ ; 1 ill.. t^ vo rjn '■»''■/ ti >;',-a:vi '»/i;-:iJri',,L> 'Ji,'} .'(., 01 J «. ^ < •' i it ,U 4. }'-MUii ':'}i\>o 'iLii *v) ^H^'i^ tfeSujjyiri ' f > ■ nu qtiii:^ VI. >}\ i « • r fir^: J .; ;i:j? ^'Mi ■I ',(>;> Ui\L U' ) Ef. -7 '!;«;»■? 'Jm U^U> ,1 'iNC«! '.'J^ ■. J . < J..i. • ll lltoi RUSSIA. TRLA TIES WITH RUSSIA. Treaty of Perpetual Amity and Alliance^ Inter- jamesI. Michael course and Commerce, between Great Britain Federo- WITZ, and Russia, concluded at Westminster, June ^'J'g^Q ' 16, 1623. T. WEST- MINSTER. Perpetual Corps Dip: Tom: V. Part II. P. 436. Rym: Food: Vol: XVII. P. 504. Article I. It is concluded and accorded, that this alliance shall remaine sincere, firme, and perfe6le, and be for ever in- violably observed and kepte betweene the most renowned alliance. prince and greate lord James king of Create BrittainCy and the most renowned greate lord, emperour and great duke Michaell Federowitz, of all Russia sole commander, and the heirs and successors, crownes, kingdomes and people of either of them; and that their subje6les and people, as the renowned princes themselves, shall love . H h hke . i.:: ■ i' , K ti'i yl si * ; ;;i i.Ja iilii ' K'^ >i: i J ■I J«' I 234 RUSSIA. g ' like brethren, and be as one nation, wishing the good, T. WEST- honour, and reputation one of another, both by word '^'^^^^•^- and deede. Art: III. That neither of the said renowned princes Neither par- shall ayd or assist the other's enemie, which at this present the 'enemies ^^ or hereafter may be, with men of warre, munition, of the other. vi6luals, or Other such hke material or provisions for warre ; nor shall suffer anie armies of souldiers from other princes dominions to be conveied through his kingdomes and domynions against his said confederate, but on the other side shall seeke to turn awaie that, which might stretch to the enemie's purpose, and to avoide, divert and impeache all hurtfuU praftizes, that might anie waie arise or happen to his said confederate. Art: VII. If anie of the subjedes of either of theis re- Misbehavi- nowned princcs, their merchaunts or voluntarie souldiers, j'eas°noTt*o tradinge and serveinge in other countries, without the be imputed princc's Icavc, shall be founde, under colour of commerce to either ^ . prince. or anie pretexte whatsoever, to carry any manner of war- like munition to the enemie, or receave entertainment with the enemie, and so happen to be taken in the warres, that, shall not be imputed to the renowned princes, or held for anie breach of contra6le, but that the other partie offending shall take the perill upon his own head. Art: X. That all such priviledges and grauntes for freedome of trade and commerce as by treaties have bin given and graunted to the Englishe merchaunts by his renowned majestic of all Russia, and his noble progenitors, shall remain and stand in their full force and strength- and Privileges granted to the English to remain in force. 1623. T. WKSr- MINSTF.R. RUSSIA. 235 and that by vertue of this alyance the subje6ls of both the renouned princes may freely and peaceablie, without anie hinderance or molestation, both by sea and land, and with- in the fresh water rivers of each others countries, use all kind of traffick and merchandize whatsoever; and may buy up and freely transport awaie all manner of jewels, boKlnls pretious stones, and whatsoever else is fittinge for both the totradcfrce- renouned princes treasuries respeftively, with as much ^" freedome and libertie, as if they were the natives borne of the selfe same countrie ; provided, that this freedome of trade and commerce, be understood on the parte and be- halfe of the subjefis of his renouned majestic of Create Brittaine, for all such merchaunts onlie (and none other) as arc allowed to trade into the domynions, of Russia by the licence and leave of their soveraigne, the said renouned kinge of Create Brittaine, and according to the gracious letters and priviledges, granted to the Englishe merchaunts by his renouned majestic of all Russia, and by his noble father the right reverend greate lord and holy patriarch Feloret a licence m* Nekitich of Mosco and of all Russia, or by whatever letters S rt°p"c- or priviledges his renouned majestic of all Russia and the *'X^ ^°^'^* holy patriarch shall be pleased to inlarge unto them ; and, '^^ ' on the parte and behalfe of the subjeftes of his renouned majestic of all Russia, for all such of his merchaunts, and none other, as shall be allowed to trade into the domynions of Greate Brittaine, by the license and leave of the said renouned majestic of all Russia, and according to the gracious priviledges and grauntes of both their renouned majesties. Art: XVI. The ambassadors, messengers, or postes of both the said renouned princes, which shall be sent unto the H h 2 one tfRiif^i*''' ■: Tn m n ■ I'( lii m il li-'tiii 1623. T. WEST- MINSTER. 236 RUSSIA. one or the other's countries uppon anie their princely affaires, shall freely passe without lett or interruption, both with their people and goodes whatsoever, according to the right meaninge of this contra6le. Art: XVII. Moreover, if either of the said renouned princes have occasion to send their ambassadors, messengers, fc "iSE- °^ postes, through the countries and domynions of the dors, and other unto and from Germany, France, Spain, Denmarke, through the Swcathland and Netherland, or unto and from Persia, Turkey, e°ther'par°/ ^^ Other partcs of the East, which are not in open hostilitie to other ^jth either of their renouned majesties; or if thev shall .countries. ... •^ happen by anie casualtie by land or by water, either in their goeing or retorneing, to receave [any damage] in either of their countries, they shall be suffered freelie and peace- ablie to passe, with all their goodes and people what- soever, to such place as their prince's passe shall direfte them, and, with meet convoy, shall be safelie conduced, both by land and water, through either of their domyni- ons, without the least forcible deteyninge or hinderance whatsoever. Art: XIX. And if it happen, that the merchaunts or Wrecks to subjcflcs of the Said renouned princes shall suffer wracke orand"ic!'^^ uppon the coastes or within the rivers of the domynions stored to ^f either, whether by casualtie, tempest, or other misfor- tune whatsoever, in such case the goodes saved shall be freelie restored to the owners, only allowinge a reasonable consideration to the people of the countrie, which shall be ayding and helping in the recovery thereof. Treaty 4» ' I'F RUSSIA. 237 Treaty of Amity , Commerce, and Navigation, ^annI^' between Great Britain and Russia, concluded ^.T'T' a^ Petersburgh, December Q, 1734. T. PETERS- BURGH. Pap: OfF: L. 2. Rouss: Sup: au Corps Dip: Tom: II. Part II. P. 495. Article I. X HE peace, friendship, and good correspondence, which happily subsist between their Britannick and Russian ma- Perpetual jesties, shall be confirmed and established by this treaty, S^endship. so that from henceforward there shall be between the crown of Great Britain on the one side, and the crown of all the Russias on the other, as likewise between the states, countries, realms, dominions and territories, which are under their obedience, a true, sincere, firm and per- fe61: peace, friendship, and good understanding, which shall endure and be inviolably maintained for ever, as well by sea as by land, and on fresh waters ; and the people, subjefts and inhabitants on both sides, of whatever con- dition or degree, shall behave with intire good will towards each other, and give each other all possible aid and assistance, without doing or offering the least wrong or damage whatever. Art: II. There shall be an intire freedom of navigation and commerce, throughout all the dominions of the two preg navi- high contrafting parties in Europe, where navigation and g^"°" »"<* commerce are at this time permitted, or shall be per- in Europe. mitted 1 ■ 1 ■ 1- . *j\ . ■ . ''I I » ,vi 238 1734- T. PETERS- BURGH. Neither goods or Eersons to e (let lined in case of a rupture. One year al- lowed for re- moval. RUSSIA. mitte<^ hcrcafler, by the high contra6ling parties, to the subjeds of any other nation. • v ' .v. .-^ Art: XIII. In case of a rupture between the contrafting parties, (which God forbid) the persons, efFe6ls, or ves- sels of the subjects of either party, shall not be detained or confiscated, but there shall be the space of one year at least allowed them, wherein they may sell, dispose, carry off, or send away their effefts, and transport th(Jir persoiis. Art: XIV. The merchants, mariners, vessels or effects Men or ships' of either party, shall not be arrested or forced into service fo^ydimo "without their own consent, under any pretence whatever; service. and, if any domestick servant or mariner deserts his ser- vice cr vessel, he shall be delivered up; but nothinff Tiescrtcrs to ' • • be delivered contained in this article is to be so understood, as to tend ^P' to the hinderancc or obstrudion of the ordinary course of justice on either side. Art: XV. In case of wreck on any part of the domi- nions of the contra6ling parties, all sorts of assistance shall be given to the unfortunate; no violence shall be done them, nor shall their effefts, saved either by themselves or others, or driven on shore, be hidden or detained from them, neither shall they be hurt under any pretext what- ever, but they shall be preserved, and the persons wrecked shall pay what is reasonable for the assistance given to them, their ships or effects. Art: XXVIII. The subjeds of both parties shall be considered and treated in their respective dominions, as the most favoured nation ; and the subjefts of Russia, who shaU Persons wrecked to be assisted, and the wrecks pre- berved. RUSSIA. shall come intO Endand in order to learn arts and 23!) 1734- commerce there, shall be prote6led, favoured, pnd in- t.peters- strufted ; likewise, if any Russian vessels are at sea for """°"' the sake of navigation, they shall not be in any way mo- lested by the English vessels, when they are met by them, provided they comport themselves in the British seas in the offiSf ^'^'^ accustomed manner; but on the contrary they shall be favoured by them, and have all possible assistance given them, and that in the very ports or havens belonging to the dominions of Great Britain. 'Art: XXIX. Peace, amity, and good understanding, shall continue for ever between the contrafting parties; This treaty and, as it is usual to limit treaties of commerce for a cer- for'^Jftg^* tain space of time, it is agreed between the contrafting years. parties, that this shall continue for the space of fifteen years, to be computed from the day of signing this present treaty ; and that, before the expiration of the said term, they shall come to a farther mutual agreement for renewing and prolonging the same. vi'0 :if:-:^s 1 1 I ./!,;.- V:.fr (-; • '-• T'- ""'V>'^ Treaty it a f m • ■; ■! ■ H-% wm ^^m ' mm S40 Geo. II. Eliz. Empress. 1742. T.MOSCOW. RUSSIA. 'tt, 1 1 Treaty of Alliance between his Britannick Majesty and her Imperial Majesty of all the Russias, signed at Moscow, December 11, 1742. Pap: Off. L. 4. Article I. ..I »." : Perpetual friendship and alliance. HERE shall be for ever between his majesty the king of Great Britain and her imperial majesty of all tiie Russius, their heirs and successors, as also between their kingdoms, countries, states, people and subjefts, every where, as well by sea as by land, a faithful, firm, and perpetual friendship, alliance and union; and they shall^ on the one side and on the other, be so far from doing any injury or damage to each other, that they shall exert them- selves in promoting their mutual interests, and in maintain^ ing each other reciprocally in all the kingdoms, provinces, states, rights, commerce, immunities and prerogatives whatsoever, which they were possessed of before the year 1741, or which they may acquire by tuaties. Art: XXI. Peace, friendship, and good understanding shall last for ever between the high contrafting parties ; ™on2e ^"*» ^s it is usual to fix a certain time for the treaties of in force fif- formal alliance, the said high contrafting parties have agreed, that this shall continue in force for the space of fifteen years, to be reckoned from the day of the signing of this treaty. Separate teen years. RUSSIA. 241 Separate Article I. Ieparate 1742. .MOSCOW. It is agreed by this separate article, that the treaty of t commerce and navigation, which was concluded on the 4th. ot December 1734, between his Britannick majesty Treaty of and her imperial majesty of all the Russias, shall be con- jiJ'j34t<'coa. firmed in all it's points and articles by the present alliance ; force, as long and it is now agreed, that it shall remain in force, and shall sent trwly. be reciprocally observed for the same time as this alliance shall last, to be reckonet from the day of the signing of the treaty of this day. Treaty between bis Britannick Majesty and Geo. ii. ber Imperial Majesty of all tbe Russias, ^^'"P"^"*' signed at VetQV^wr^y September 30, 1755. T. PETERS- BURGH. Pap: Off: L. 16. Treat: 1772. Vol: II. P. 137, Treat: 1785. Vol: III. P. 30. Article I. _ H E high contrafting parties renew expressly, by this The treaty convention, the treaty of defensive alliance, concluded ^[^J^j' """ between them on the nth of December, 1742, at Moscozv, in all it's articles. Art: XIII. This convention shall subsist for the space This treaty of four years, to be reckoned from the day, when the ^^ ;!,r"e foi,r ratifications of it shall be exchanged. ; -*«. Xi Treaty '0 .suBmg^a^, ji 2i2 RUSSIA. Geo. TIT. Trcatv of Peac ml Friendship between Great Cath. 11. */ -^ -* Britain and Avussia, co?icluded at Peters- burgh, Jzme 20, 1766. 1 766. r, I-KTI.RS BUKGH. I '^K :.k'l \'l I ) ^ r'i I' '. : Peipettial peace and iViendship. Treat: 1772. Vol: II. P. 309. Treat: 1785. Vol: III. P. 215. Treat: 1790. Vol: I. P. 2. Article I. i H E peace, friendship, and good understanding, which have hitherto happily subsisted between their majesties of Great Britain and of all the Russias shall be ratified and confirmed by this treaty: so that from this time forward, and in all time coming, there shall be, between the crown of Great Britain on the one hand, and the crown of all the Russias on the other; as also between the states, countries, kingdoms, dominions and territories, that are subjeft to them, a true, sincere, firm, and perfeft peace, friendship, and good understanding, which shall last for ever, and shall be inviolably observed, as well by sea as by land, and on the fresh waters; and the subjedls, people, and inha- bitants on the one part and on the other, of what state or condition soever they be, shall perform to each other all afts of kindness and assistance possible, and shall not do one another any hurt or injury whatever. Art: II. The subjefts of the two high contra6ling powers navigatio^ & shall havc full liberty of navigation and commerce in comment, ^^l the States situated in Europe, where navigation and com- merce 1 , RUSSIA. 213 merce are permitted at present, or shall be permitted j gg hereafter by the high contra(^ting parties, to any other t. pkters. nation. HIIRGH. i[i^ : Art: III. It is agreed, that the subje6ls of the two high contracling parties shall have leave to enter, trade, and re- main with their ships, boats, and carriages, loaded or un- loaded, in all the ports, places, and towns, where such leave is granted to the subjefts of any other nation; and the sailors, passengers, and ships, as well British as Russian (though there should be among their crews subjects of some other foreign nation) shall be received and treated as the most favoured nation; and neither the sailors nor passen- gers shall be forced to enter, against their will, into the service of either of the two contra6ling powers, excepting, however, such of their subjefts as they may want for their own proper service : and if a domcstick or sailor desert his service or his ship, he shall be restored. It is likewise agreed, that the subjefts of the high contrafting parties shall have leave to purchase, at the curn L\i price, all sorts of commodities of which they may stand in need ; to repair and refit their ships, boats, and carriages; to purchase all kinds of provisions for the present subsistance of their voyage; and to remain or depart at their pleasure, without lett or impediment, provided they conform to the laws and ordinances of the respeftive states of the high contracting parties where they may happen to be. In like manner the Russian ships that are navigating the sea, and are met by English ships, shall not be impeded in the course of their voyage, provided, in the British sea, they conform to the established pradice; but on the contrary shall receive from I i 2 tliem To be treat- ed as the most favour, ed tu'.tion. Riisslttn ships, not to be im- peded by ILngliih ships,if,inthe Britiih sea, they con- form to the established pradice. T * i I , ! , -I 'I: m'i] 214 RUSSIA. 1766 ^^^^ all kind of assistance, as well in tlie ports, of the T.PETERS- dominion of Great Britain, as in the open sea. Bl'RGM. Their 8«b' jcds to trade frctly with tiic enemies of the other, provided they do not tarry milita- ry e tores— except to places block- ed up or be- sieged. Art: X. Permission shall be granted to the subje6ls of the two contrafting parties to go, come, and trade freely with those states, with which one or other of the parties shall at that time, or at any future period, be engaged in war, provided they do not carry military stores to the enemy. From this permission, however, are excepted places ac- tually blocked up, or besieged, as well by sea as by land ; but, at all other times, and with the single exception of military stores, the abovesaid subjc6ls may transport to these places all sorts of commodities, as well as passengers, without the least impediment. With regard to the search- ing of merchant ships, men of war and privateers shall behave as favourably as the reason of the war, at that time existing, can possibly permit towards the most friendly powers that shall remain neuter; observing, as far as may be, the principles and maxims of the law of nations, that are generally acknowledged. • . Art: XL All cannon, mortars, muskets, pistols, bombs, grenades, bullets, balls, fusees, flint-stones, matches, pow- Contraband ^ salt-pctre, sulphur, brcast-platcs, pikes, swords, belts, Roods spcci- "^*» t' ' I 1 , ■ 11 1 11 . cartouch-bags, saddles, and bridles, beyond the quantity that may be necessary for the use of the ship ; or beyond what every man serving on board the ship, and every pas- senger, ought to have, shall be accounted ammunition or military stores; and, if found, shall be confiscated, ac- cording to law, as contraband goods or prohibited com- modities; but neither the ships nor passengers, nor the other gOOll tied. spcci RUSSIA. other commodities found at the same time, shall be do- tained or hindered to prosecute their voyage. 245 1765. T. PETKRS- BUROH. Art: XII. If, what God forbid! the peace should come to be broke between the two high contrafting parties, the persons, ships, and commodities, shall not be detained or [f p"« be confiscated; but they shall be allowed, at least, the space subjeasai- of one year, to sell, dispose, or carry off, their effe6ls, and year to^re- to retire wherever they please ; a stipulation that is to be 'JJ^y^ y|]^ equally understood of all those who shall be in the sea or land service; and they shall farther be permitted, either at or before their departure, to consign the effefts which they shall not as yet have disposed of, as well as the debts that shall be due to th^^m, to such persons as they shall think proper, in order to dispose of them according to their desire, and for their benefit; which debts, the debtors shall be obliged to pay in the same manner, as if no such rupture had happened. Art: XIII. In case of a shipwreck happening in any place belonging to one or other of the high contrafting parties, not only shall all kind of assistance be given to the unhappy sufferers, and no sort of violence shall be offered shipwreck, to them, but even the efre6ls which they shall have saved SJstancr" themselves, or which they shall have thrown overboard into the sea, shall not be concealed, withheld or damaged, under any pretext whatsoever; on the contrary, the above- said effefts and commodities shall be preserved and restored to them, upon their giving a moderate recompence to those who shall have assisted them in saving their lives, their ships, and their commodities. Art: XIV. :Mi'^' i 'i. m- 1 2iG m i m ■JE; BBp ^'' '' ^^i 1 ^wm Si^ \ i.j;|l ^b imi ■ 1766. T. PETERS- BURGH. Regulations in respeft to the houses of British mer- chants. Hcciprocal- ly to enjoy the free ex- ercise of their religi- on. RUSSIA. Art: XIV. Permission shall be granted to British mer- chants to build, buy, sell, and hire houses in all the terri- tories and towns oi Russia, excepting, however, with regard to the permission, of building and buying houses in those towns o^ Russia, which have particular rights of burgership, and privileges, inconsistent with such indulgence; and it is expressly specified, that at St. Petersburgh, Moscow, and Archangel, the houses which the British merchants shall buy, or cause to be built, shall be exempt from all quar- tering of soldiers, as long as they shall belong to them, and shall be inhabited by them; but with regard to the houses which they shall hire or let, these shall be subje6l to all the usual charges of the town ; the tenant and landlord settling that matter be >. ween them. As to every other town of Russia, the houses which they shall purchase or cause to be built, in the same manner as those which they shall hire or let, shall not be exempted from the quartering of soldiers. Permission shall likewise be granted the Russian merchants to build, buy, sell, and let houses in Great Britain, and Ireland, in the same manner as is done by the subje6ls of the most favoured nations. They shall enjoy the free exercise of the Greek religion ia their houses, or in such places as are destined for that purpose ; and in like manner the British merchants shall enjoy the free exercise of the Protestant religion. The subjects of either power, esta-^ blished in Russia or in Great Britain, shall have power to dispose of their estates, and to leave them by will to whom- soever they think proper, following the customs and laws of their own proper country. Art: XV. Passports shall be granted to all British sub- je£ls who desire to quit the dominions of Russia, two montJiS RUSSIA. months after they shall have signified their design of depart- ing, without obhging them to give security; and if, in that time, there appear no just cause for detaining them, they shall be allowed to go ; nor shall they be obliged to apply for that purpose to any other quarter than to the college of commerce, or to that, which may hereafter be established in its place. The same easy methods of departing, shall, upon like occasions, and agreeable to the custom of the country, be granted to Russian merchants, who want to quit the dominions of Gi'eat Britain. 247 1766. T. PETERS- BURGH. Passports to be granted to Biitis/j subjefts to (jiiit Ru5si(t% ^■M' ■: t'. Art: XVII. In all law-suits and other proceeding's, the British merchants, shall be amenable only to the college of commerce, or to that which shall hereafter be established for the administration of justice between merchants. But, if it should happen that the British merchants, should have law-suits in any place at a distance from the above-men- tioned college of commerce, both they and the adverse party shall prefer their complaints to the magistrate of the said towns ; with this proviso, however, that the British merchants shall have the right to appeal from the sentence of the magistrate, and to demand that of the college of commerce, if they find themselves aggrieved. The Russian merchants in the dominions of Great Britain shall, in their turn, have the same protection and justice, which accord- ing to the laws of that kingdom, are granted to other foreign merchants, and shall be treated as the subjeds of the most favoured nation. Art: XXV. The peace, friendship, and good under- standing shall continue for ever between the high con- tracting Regulations in respert to proceedings at law, of British and Rusiian mcr- ihaDts, '% . ■'vl 248 RUSSIA. 1766. ^^'afting parties; and, as it is customary to fix a certain T. PETERS- term to the duration of treaties of commerce, the above- mentioned high contrafting parties have agreed, that this treaty shall continue for twenty years, counting from the day of signing; and, after the expiration of that term, they may agree upon the means to renew and prolong it. BURGH. Duration of treaty. m TREATIES '^%f TREA TIES WITH SWEDEN. T.UPSAl. Treaty of Peace between Oliver Cromwell, as ol.crom. *^ *^ Proteaor. Protestor o/" England, and Christina, Queen ^gl'^** of Sweden, concluded at Upsal, April 11, 1654.. , -,„ •, ,.. . . .:,,.,,; • ^ ^ Corps Dip: Tom: VI. Part II. P. 8i. Treat: 1732. Vol: III. P. 89. Treat: 1785. Vol: I. P. 69. Treat: 1790. Vol: I. P. 20. , Articles i. it. hi. iv. v. vi. vii. ix. x. xi. xii. XIII. XIV. and XV. of this treaty are comprehended in, and are almost verbatim the same as articles I. II. III. IV. V. VI. "VII. IX. X. XI. XII. XIV. XV. and XVI. of the subsequent treaty of 1661. ' i- y -'^ J :t:^ Kk Treaf) i;: , s i % Jfi 250 SWEDEN. m ProtSon' Treaty between Oliver Cromwell, as ProteSior C H A R LES •usTAvus. of England, and Charles Gustavus, King 1656. T. WEST- MINSTER. of Sweden, by which the Treaty made at Upsal, 1 654, is confirmed and explained y concluded a^ Westminster, yuly 17, 1656. , ,.;^. .... Treat: 1732. Vol: III. p. 162. Treat: 1790. Vol: I. P. 29, ... ' ■*"._-■' Articles 11. III. IV. V. and VI. of this treaty are coni' ^ ,. , prehended in articles IX. XI. XII. and XIII. of the follozving treaty 0/1661. •;-.w" Article VIII. Subjefts of England to enjoy all their usual iS: H E subjefts of the most serene lord protestor and the republick shall hereafter enjoy all the prerogatives in the several branches of trade, which they used to carry on in Prussia and Poland, or elsewhere in the dominions of the most serene king of Sweden, which they enjoyed heretofore prerogatives. [^ preference to other nations: and, if at any time they desire farther privileges, their desires sliall be gratified by all the means possible: and if the most serene king of Sweden shall g'ant greater and more ample privileges than the above-mentioned in Poland and Prussia to any nation besides, or people not subjeft to him, or shall suffer any nation or people to enjoy such larger privileges there, then the people and citizens of this republick shall enjoy the same i h SWEDEN. 251 same privileges in all respe6ls, after they have desired it g g of his most serene majesLy. And moreover, if any ^difts, t. west- which have been published since 1650, happen to be bur- minster. thensome to the English and Scots, dwelling or trading in Poland and Prussia^ the same shall after this time be of no force, as far as it shall be in the power of the king of Sweden to prohibit it; but the subje6ls of the said lord prote6lor shall hereafter be intirely free from those bur- dens. Art: X. It shall be free for the subjefts of the king of Sweden to fish and catch herrings and other fish throughout the seas and coasts belonging to the dominion of this repub- ^"iai- lick, so that they do not employ in such fishery a greater jn^JeirS number than one thousand vessels; nor shall they be any seas, and dry way hindered or disturbed in such their fishing ; nor shall the ^ es.* any charges or duties be exafted from them, on pretence or account of such their fishing, by the ships of war of this republick, or by privateers a6ling under commissions or letters of mart, or by any fishing vessels on the Northern coast of Britain, but they shall be treated courteoully and amicably, and shall even be permitted to dry their nets on the shore, and to purchase all necessary provisions from the inhabitants of those places at a fair price. fl^'" m ,1 \ ,' . yl Kk 2 Treaty mm ^i 1 252 SWEDEN. Char. II. Tf^eaty of Alliance and Coinmerce between Great Char. IX. *^ *J Britain and Sweden, concluded at Whitehall, 1661. T. WHITE HALL. OBober 21, 1661. Perpetual peace and amity. Corps Dip: Tom: VI. Part II. P. 384. Pap: OfF: H. 2. ' Treat: 1732. Vol: III. P. 240. Treat: 1772. Suppl: P. 28. Treat: 1790. Vol: I. P. 44. Article I. HAT there shall be and continue from henceforward a good, sincere, firm and perpetual peace and amity, good will and correspondence between the kings of Great Britain and Sweden, and all and singular their kingdoms, dominions, countries, provinces, lands, islands, colonies, cities, towns, people, citizens, and all their subje6ls and inhabitants whatever; so that both parties may behave towards each other with the most intire love and affe6lion. Art: II. The said confederates and their dominions, subjefts, people and inhabitants, shall (take care of, and Eachconfe- promote cach other's advantage; and shall also certify one derate to promote the another of any dangers threatened, and conspiracies and machinations formed by the enemies of either, and shall oppose and hinder them, as far as lies in their power : nor shall it be lawful for either of the confederates, by himself or by any other persons whatever, to negociate or attempt any thing to the hurt or disadvantage of the other's lands or advantage of the other. SWEDEN, or dominions whatever, any where, either by land or sea; 253 1661. nor shall 1 e by any means protect any enemies or rebels t. white- to the prejudice of the other confederate, or receive, or HALL. admit into his dominions any rebel or traitor who shall Enemies or make any attempt against the state of the other; much less nanynot to shall he affo/d them any advice, aid or countenance, or ^, Juc other! suffer any advice, assistance, or favour to be given them by his subje6ls, people, and inhabitants. Art: III. The said kings and kingdoms shall with all candour and diligence take all possible care, that the im- ah impedu pediments, which have hitherto interrupted the freedom of '"^"^'^ "5 , 1 r commerce to navigation and commerce, not only between both nations, i^c removed. but also with other people and nations through the domi- nions, countries, seas, and rivers of both confederates, be removed; and they shall sincerely endeavour to assert, establish, defend, and promote the aforesaid freedom of navigation and commerce on both sides, against all dis- turbers thereof, by the methods agreed upon in this treaty, or by such as may be hereafter agreed upon; and shall not suffer any thing to be done or committed contrr.ry to this treaty, <:ither by themselves, their subjeds or people. Art: IV. It shall be free for either of the said con- federates, and their inhabitants and subjefts, to enter by , , • 1 t ■ 1 • • Free passage, land or sea mto the kmgdoms, countries, provinces, ter- and com- ritories, islands, cities, villages, towns walled or not walled^ Si'not^^ fortified or not fortified, harbours, dominions or juris- contraband. diftions whatever of the other, freely and securely, with- out any licence or safe-condu61;, general or special; and there to pass and repass, to reside therein, or to travel through the same, and in the mean time to buy provisions and \i0'': I Hi ir fl ■r t !.•, : 'ft 254 SWEDEN. m jggj and all necessaries; and they shall be treated with all T. vviriTE- manner of benevolence. It shall be lawful also for both "'^^'" the confederates and their subjed;s, citizens and inhabitants, to trade, traffick and carry on commerce in all places, where commerce has been at any time hitherto used, and in whatever goods and merchandize tltey please, provided they are not contraband ; and they shall have liberty to import and export them at discretion, the due customs being always paid, and the laws and ordinances of both kingdoms, whether relating to merchandize or to any other right, being always observed; which things being presup- posed, the people, subjefts, and inhabitants of the one confederate shall have and hold in the countries, lands, dominions and kingdoms of the other, as full and ample privileges, exemptions, liberties and immunities, as any foreigner whatever doth or shall enjoy in the said domi- nions and kingdoms on both sides. Persons, ships, or goods, of either party, not to be arrested by the other— \inlessforthe sake of jus- tice. Art: V. Neither tiie merchants, captains of ships, masters, mariners, or other persons whatever, nor the ships, goods or merchandize of either confederate, or of their subjects or inhabitants, shall in any publick or private name, by virtue of any general or special edi6l;, be seized or detained by arrests, in any of the countries, harbours, roads, shores or dominions whatever of the other con- federate for the publick use, military expeditions, or for any other cause, much less for the private use of any one ; nor be compelled by any manner of violence, or be in any wise molested or injured; provided only, that L.uch arrests as are agreeable to law and equity are not prohibited, if they are made according to the ordinary forms of law, and not to gratify the passions of particular persons, but are indispensably i66i. T. WHITE- HALL. SWEDEN. 255 indispensably necessary for the administration of right and justice. • - Art: VI. But, if one or more ships of either of the confederates, whether ships of war or private merchant- ships, shall be driven by storms, pirates, enemies, or other ?'"ps» forced urgent necessity, mto the ports, havens, or upon any of the of eitUercon- coasts of the other confederate, they shall be received enjoy au courteously, and with all civility, and enjoy friendly pro- pJoSjo,,. teftion, without being in any respeft hindered from the means of refitting, or from purchasing whatever they want for their provision, repairs and conveniency, at the market price : nor shall they on any account be prohibited to de- part in hke manner from such port and haven, when they please, without paying any duties or C'^toms, so long as nothing is done or committed contrary to the statutes and ordinances of that place, which such ships shall so arrive and abide at. ^ Art: VII. For the like reason, if any one or more ships, publick or private, of either of the confederates, or of Jf^^"",f ,P'^''' their subie6h or inhabitants, run oh shore, are cast away, case of wrecks ^no or suffer shipwreck, or any other damage, the sufferers shall other losses be kindly and amicably protected, and all proper assistance ^^ "^' shall be given them in consideration of a due reward, so that whatever remains after shipwreck, or any other damage, may be preserved and restored to the true owners or pro- prietors; provided they themselves, or their procurators, vv^reck^to or persons commisioned by them, lay claim to such ships '^e cbimcd and goods within twelve months after the wreck hath hap- miive pened ; saving always the laws and customs of both '"°'"^- • nations. Art: IX. Il^''' ' r ' I! ,1 f '■iy-. ■'■it l Treaty of Alliance between Great Britain and 1700. T. HAGUE. Sweden, [and the States General,] concluded at the Hague, Jan. 13, 1700. Corps Dip: Tom: VII. Part II. P. 475. Pap: OfF: H. 9. Treat: 1785. Vol: I. P. 313. 1 HE second article of this treaty, confirms all former treaties according to their respeHive stipulated terms of continuance ; and the iSih article limits the terms of it's duration to eighteen years. Treaty 270 SWEDEN. HOL^f. r,\l^°;,. Treaty of Alliance between Great Britain and Sweden, concluded at Stockholm, Jan. 21, 1720. Corps Dip: Tom: VIII. Part II. P. i8. Pap: Off: H. 13. Treat: 1732. Vol: IV. P. 106. J. HIS treaty refers to two former treaties^ made in the year 1664-5, ^^^ 1700* ds it's basis and foundation; but the 20th article limits it's duration to the term of eighteen years, which expired in January, 1738. 1766. T. STOCK HOLM. Gust ^ III Treaty of Alliance and Friendship between Great Britain and Sweden, concluded at Stockliolm, Feb, 5, 1766. '^ Treat: 1790. Vol: I. P. 60. Article I. H E two high allies engage for themselves, their heirs, and successors, and their respedive subjefts, that they bygo^Toffi- will as good and faithful friends and allies, mutually pro- t'heir'friend-^ ^^^^ ^^ '^^ goo^l, advantage, and consideration possible, ship. and contribute on one side and on the other, to every thing which may serve to strengthen more and more the ties of a sincere and permanent friendship. . Art: II. '{'■■t SWEDEN. 271 Art: II. The subjcfts of the two powers shall enjoy gg reciprocally, in the kingdoms, ports, roads, rivers, &c. of t stock- the one and of the other, all the rights, advantages and ""'^'^' immunities, which the most favoured nations now do, or hereafter shall enjoy, except in the case, contained in the Ime"ngh?s* 3d article of the preliminary treaty of commerce concluded J^ «he most between the crowns of Sweden and France, the 44 April, tions. 1741, concerning the dues to be paid in the port of Wismar. I I \ '' * 41 TREATIES •J ill TREATIES WITH DENMARK. ^ch^LI'i. '^^^^ty ^f P^^c^ ^nd Amity between Great 1621 Britain and Denmark, concluded at London, '^•^°'^""^- April 19, 1621. Corps Dip: Tom: V. Part II. P. 391. JlRTICLES I. XIII. and XIV. of this treaty are compre^ hended in articles I. V. and VI. of the treaty cf 1670. ol.Crom. Treaty of Peace and Alliance betwee?i Oliver Proteaor. *^ *^ Fred. III. Cromwell, as ProteSior of the Republick of T. WEST- England, and- Frederick III. King of Denmark, concluded at Westminster, Sep- tember 15 y 1G54. MINSTER. Corps Dip: Tom: VI. Part II. P. 9a. Treat: 1732. Vol: III. P. 136. Treat: 1785. Vol: I. P. 75. Treat: 1790. Vol: I. P. 65. Articles I. II. XIII. XIV. of this treaty are comprehended in articles I. V. XXIX. and XXX. of the treaty of 1670. Treaty DENMARK. 273 Treaty of Peace and Alliance between Great S"^"*,?!- ^ ^ Fred. 111. Britain, and Denmark, concluded at White- 1660-1. T. WHITE- hall, Feb, 13, 1660-1. HALL. Corps Dip: Tom: VI. Part II. P. 3+6. Articles i. vi. xix. xx. xxi. aw^xxiv. of this treaty are comprehended in articles I. V. XXIX. XXX. XXXIII. and XL. of the following treaty of iG'jO' Treaty of Alliaiice and Commerce between Great S"^"'iJI' *^ *^ FUED.III. Britain and Denmark, concluded at West- ^|^^?; minster, Nov. 29, 1669. ST- MINSTEH. Corps Dip: Tom: VII. Part I. P. ia6. 1 HIS treaty of November 29, 1669, and the subsequent treaty of July 11, 1670, arc article for article ^ the same in substance: and the lattery being made within eight months after the former, zuas probably concluded only a^ a renewUl of the former^ on account of the accession of Christian V. to the throne of Denmark in 1670. Nn Treaty ai ^•i 274 Char. II DENMARK. Chris. 1670. T. COPEN- HAGEN. Y Treaty of Alliance and Commerce between Great Britain, and Denmark, concluded at Copen- hagen, t/w/y 1 1 , 1670. t' Corps Dip: Tom: VII. Part I. P. 13?. Pap: OfF: I-. 8. Treat: 1790. Vol: I. P. 78. . Article I. I perfeft peace. T is a|;^reed, that there shall be between the two kings their heirs and successors, as also their kingdoms, prin- cipalities, provinces, estates, countries, islands, cities, sub- jefts and vassals, of what condition, dignity, and degree Sincere and socvcr, by land and sea, in rivers, fresh waters, and all places whatever, as well in Europe as out of Europe, now and for the time to come, a sincere, true, and perfeft friend- ship, peace, and confederation ; so that neither party do any wrong, injury, or prejudice to the kingdoms, prin- cipalities, provinces and estates, or to the inhabitants and subje6ts of the other, nor suffer any to be done by others, as much as in him is, but rather live ^s friends together, using each other with good will and respedl:, and promoting upon all occasions the interests and advantages of each other, and their subjects, as if they were their own, and preventing and hindering with all their power, by their assistance and advice, any damage, wrong and injury, which may be offered them. Art; III. DENMARK. Art: III. The aforesaid kings for themselves, their heirs and successors, mutually do undertake and promise, that they will not aid or furnish the enemies of cither party, which shall be aggressors, with any provisions of war, ?s soldiers, arms, engines, guns, ships, or other necessaries for the use of war, or suffer any to be furnished by their subjefts ; but if the subjc6b of either prince shall presume to aft contrary hereunto, then that king, whose subjefts shall have so done, shall be obliged to proceed against them with the highest severity, as against seditious persons and breakers of the league. Art; V. It shall be lawful for the subjefls of both kings, with their commodities and merchandize both by sea and land, in time of peace, without licence or safe-condu6l, 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 the usual customs and duties ; reserving nevertheless to either prince his superiority, and regal jurisdiftion in his kingdoms, provinces, principalities, and territories respectively. Art: X. The subjefts of either crown, trading upon the seas, and sailing near the coasts of either kingdom, shall not be obliged to come into any port, if their course was not directed thither, but shall have liberty to pursue their voyage, without hinderance or detention, whithcr-so- ever they please; nor shall they, being by tempest forced into port, and there remaining, be obliged to unload their cargo, or to barter or sell any part thereof; but it shall be lawful for them to dispose of it, as they shall think fit, and Nn 2 to ^15 1670. T, COPEM- HAGEN. *' ^iili nmshte- " ront^m itefcurni- " ront^ aux cnntmis " iltl'iiHCoul\iutrf " pell tic, qui icront " ciigieiscurs, .I'l - " cuncs provisions " de gULTre, com- " me soljats arincs^ Freedom of tiadc. Siil)ic^s of citlicr parly shall not W obliged to enter any jiort, to wliieh they v\'ere not bound ; aiui, being forced in, sli.ill not beconipelled to Sell, any IMirt of their goods. !'.] ^■.:n "■ V I Mil !'7 11115^; -I m 276 DENMARK. iGjo. '° ^^ ^'^y other thing, which they shall judge most for their T. copEN- advantage, provided that nothing is done, which tends to defraud either prince of his due rights and customs. HACEN. ofeach other, unless in con' trnband goods, and to ports feesieged. Art: XVI. It shall be lawful for either of the con- Freedom of federates, and their subieds or people, to trade with the trade with . ' -' r r ' ,- . , , the enemies cncmics ot the Other, and to carry to them, or furnish them I with all kinds of merchandizes, (except only prohibited goods, which are called contraband,} without any impedi- ment, unless in ports and places besieged by the other; which nevertheless if they shall do, it shall be free for them either to sell their goods to the besiegers, or go to any other port or place not besieged. Art: XX. But, lest such freedom of navigation, or pas- sage, of the one ally, and his subjefts and people, during the war, which the other may have by sea or land with any other country, may be to the prejudice of the other ally, and that goods and merchandizes, belonging to the enemy, may be fraudulently concealed under colour of being in amity, for preventing fraud, and taking away all suspicion, it is thought fit, that the ships, goods and men, belonging to the other ally, in their passage and voyages, be furnished with letters of passport and certificate, the forms whereof ought to be as follow. Lest goods belonging to the enemy, be fraudu- lently con- cealed, ships tobefutnish- ed with let- ters of pass- port and cer- tificate. Form DENMARK. 277 T. COP£N- AGKN. Form of the Danish Passport and Certificate. 15^0^ T. Christian cinquieme. Christian the fifth, by J^ par la grace deDieu, the grace of God, roi de Dannemarc eb king of Denmark de Norwege, ^c, and Norway, &c. SO IT notoire a tons & chacuns, qui nos presentes lettres de passeport verront, que ..... nostre sujet et ci- toien de nostre cite de nous a humblement representee que le navire nomme duport de tonneaux, tui appartient et a quelqaes autres de nos sujets, & qitils en ont les seuls proprietaires, & qu'il est de present charge' de denrees, qui sont contenues en un billet des ojfficiers de nos douanes, que le navire a a bord; & qu'il appartient a nos sujeEls ou a d' autres inter- ressez, qui sont en neutralite: & est pret a partir du port de pour aller en tel autre lieu ou lieux, ou il pourra commodement traf- B E it known to all and singular persons, who shall see these our letters of pass- port, that .... our subjeft and citizen of our city of .... hath humbly repre- sented to us, that the ship called the .... of the bur- den of . . . tons, doth ap- pertain to him and certain r°'"'" "^ t f 1 . o 1 passport. Other of our subjects, and that they are the sole pro- prietors of the same, and that the said ship is laden with certain goods, a particular whereof is contained in a cocket, which has been made out by the officers of our customs, and is now on board the said ship ; and that the same belongs to our subjects, or others, having an ,«i.n -" H ^ 78 HAGEN. g ^^M^r avec les dites merchan- T. coPEN- dises, qui ne sont pas deffcn- dues, ni appartenantes a I'une ou I' autre des parties en guerre, ou bien trouver son fret; ce que nostre dit sujet ayant atteste par escrit signe de son seing, & affirme par servient itre veritable sous peine de con- fiscation desdites denrees, nous avons juge a propos de lui accorder nos prcsentes lettres des passeport ; & partant nous prions & requerons tous governeurs de pays et com- mandanssurincr,rois, princes, rebubliques, & villes libres, & particulierement les parties, qui sont presentement, en guerre, & leur commandans, admiraux, generaux, ojficiers, maitres de ports, comman- dans de Jiavires, capitaines, fretteurs, & tous autres, qui ont quelque jurisdiElion par mer,ou la garde d'aucunport, qu'il lui arrivera de rencon- trer, ou parmi la Jlotte, ou navires,desquels il lui arrivera de tomber ou demeurer dans leur ports, qu'en vertue de I' alliance & amitie, que nous DENMARK. an interest therein ; who are the subjefts of neutral pow- ers; and that she is ready to depart from the port of .... in order to proceed to some other place or places, where she may commodi- ously traffick with the said goods, ^,'iich are not con- traband, nor appertaining to either of the parties now en- gaged in war ; or in order to earn her frieght; all which having bee\i attested by our said subjeft in writing duly signed by him, and affirmed by virtue of his oath to be true, upon pain of confiscation of the said goods. We have thought proper to grant him these our letters of passport, and therefore we desire and request all governors of countries, and commanders at sea, all kings, princes, republicks and free towns, and particularly the par- ties now engaged in war, and their commanders, ad- mirals, generals, officers, governors of ports, com- manders. DENMARK. avons avec aucun roi ou estat, manders pf ships, captains, 27^ lis souffrent le dit maitre avec le navire , person- nes, biens & toutes les mer- chandises, qui sont sur son bord, poursuivre son voy- age vers quelque lieu, que ce soit, non seulement avec liberte, & sans aucune moles- tation, detention ou empeche- ment, mais encore qu'ils lui rendent tous ojficts de civilite, comw a nostre svjet, s'il y a occasion ; ce que nous & les nostres serons prets a recon- noitre en pareille ou autre occasion, jour de . freighters, and all others having any command at sea, or the guard of any port, whom the said ship shall happen to meet with, or among whose fleets or ships she may happen to fall, or in whose ports she may happen to stay, that in virtue of the alliance and amity, which subsist be- tween us and the king or state, they not only sufi^er the said master with the ship .... men, goods, and all Donne le merchandizes, which de 'I'annee . 1670. T. COPEN- HAGEN. ^V^\ are on board her, to pursue his voyage towards any place whatsoever with full liberty, without being any way mo- lested, hindered, or detain- ed, but that they likewise shew him all kind offices of civility, as unto our subjcd, if any occasion should offer; which we and oursubjeds shall be ready to ackno^v- ledge, on the like or any other occasion. Given this day of .... in the year We jLiili I 280 1670. T. COPEN- HAGEN. Form of ccititicate. DENMARK. Nous le president^ consuls. We the president, consuls, & senatevrs de la viile de and senators of the town of attestons & certifions, do attest and certify, que le jour de that N. N. citizen and inha- de Vannee .... est vcnu & bitant of the city or town of ccmparu en personne devant .... on the .... day of nous N. N. citoyen & habi- .... in the year came tant de la cite ou ville de and appeared personally be- & sous leserment, qu'il fore us, and declared to us by est oblige envers le roi nostre virtue of the oath, by which souverain seigneur, nous a he is bound to our sovereign declare', que le navire ou lord the king, that the ship vaisseau, nom?ne\ , . , ., du or vessel named .... of the port de tonneaux, burden of tons, be- appartient au port, cite ou longs to the port, city, or ville de en la province town of in the pro- de & que le dit navire vince of and that the lui appartient justement & est said ship does really and de present pret apartir direc- truly appertain to him, and tement du port de , is now ready to depart di- charge des denrees mention- reftly from the port of nees au billet, qu'il a receu des laden with the goods ojficiers des douanes, & qu'ila specified in the cocket which ajfirmi par le serment susdit, he hath received from the que le vaisseau ci dessus nomme officers of the customs; and avec les denrz'^s et merchan- that he hath affirmed upon discs, dont il est charge, ap- his said oath, that the above- partient seulement aux sujeBs mentioned ship, together de sa majeste, et ne portc with the goods and merchan- point de merchandises def- discs withwhich she is laden, f endues, qui appartient d belongs to his said majesty 's I'mie ou d Vautres des parties, subjefts only, and that she qui sont a present en guerre, docs notcarry any prohibited goods DENMARK. 281 r>It»i! ci>i i:^- E)i temoignage de quoi nous avons fait signer le pre- sent certificat, par le sin- die de nostre vilUy & y avons fait apposer nostre sceau. Donne, &c. ^ . ii.'- goods appertaining to either of the parties, now engaged ill war. In witness whereof, we ^^ . , . have caused the present . ; certificate, to be signed by the syndick of our town, and have there- . ^ unto put our seal. Gi- ven, &c. 1670. T. COPEN- HAGEN. hi: .»! : I >..■•)■■' When therefore the merchandise, goods, ships, or men, of either of the allies, and their subjefts and people, shall meet in open sea, straits, ports, havens, lands, and places •whatever, the ships of war, whether public or private, or the men, subjefts and people of the other ally, upon exhibiting only the aforesaid letters, of safe-condu6l and certificates, nothing more shall be required of them ; nor shall search be made after the goods, ships, or men ; nor shall they be any other way whatsoever molested or troubled, but shall be suffered with all freedom to pursue their intended voyage. But if this solemn and set form of passport and certificate is not exhibited, or there is any other just or urgent cause of suspicion, then shall the ship be searched, which is nevertheless understood to be permitted in this case only. And if any thing shall be committed, contrary to the true meaning of this article, against either of the allies, each of fhe said allies shall cause his subjeds, and people ofFendin;^' to be severely punished, and full and intire satisfa6lion, Ds be forthwith given, and without delay, to the O o party Search may be made, when pass- ports are not exhibited. Persons, aft- ing contrary to this arti- cle, to be punished, and make satistaiftion. * :fi k -'■^ i 282 DENMARK. 1670. P^^'y injured, and his subjefts and people, for their whole T. COPE N. loss and expences. HAGEN. British ships passing by CluckstaJt, and other places upon xhtiElbe, to be free from all cuflonns nnd search. Art: XXI. That all ships of subjefts, and people of the king of Great Britain^ together with their lading and mer- chandise, passing by the port of Gluckstadt, or other places and towns under the dominion of the king of Denmark, situated upon the river Elbe, shall both going and returning be free and exempt from all customs, imposts, search, seizure, and molestation, except only the case of search in the time of war, when the king of Denmark shall be at war with any other king or state. Art: XXIII. That no ships whatever, vessels, or mer- No ships or chandise, laden on ships of whatsoever nature, kind or tC'janyTo quahty, however taken, belonging to any of the subjefts of *^iz^e tf b^ either of the aforesaid kings, shall, under any colour or duecourseof pretense whatever, be adjudged good prize, unless by a judicial examination, and process in form of law, in a court of admiralty. law. Art: XXV. If the ships of either of the allies, and their The remains subjcfts and people, whether they are merchant-ships or ships of war, shall happen to run on ground, or fall upon rocks, or are forced to lighten themselves, or shall other- wise suffer shipwreck (which God forbid) upon the coasts of either king, the aforesaid ships with their tackle, goods and mc-chandise, or whatever shall be remaining of them, shall be restored to their owners and proprietors, provided they or their agents claim the said ships and goods within the space of a year and a day after such shipwreck suffered ; saving of a ship' wreck to be j)reserved, and restored to the own- era. «l^. DENMARK. saving always the rights and customs of both nations. The subjeds also and inhabitants, dwelling upon the said coasts and shores, shall be obliged to come to their aid in case of danger, and, as much as in them lies, to give their assis- tance ; and shall do their utmost endeavour either for free- ing 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 as- sistance 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 cause to be observed, on their side, wha^ they would desire to be observed and done on the other side. Art: XXVI. The commanders of ships, or their pilots, soldiers, mariners and seamen, as also the ships themselves, and the goods and merchandise on board them, shall not be seized or arrested by 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 seizures and arrests made by authority of law for debts contracled, or any other legal cause whatever, in which case it shall be laWful to proceed according to the rules of justice and law. Art: XXVIII. The convoys or ships of war of either party, meeting in their voyage, or overtaking any mer- chant-ships or others, belonging to the other ally or his sub- jefts, and making the same course at sea, in Europe, orout of Europe, shall be obliged to guard and defend them as long^ as they shall hold the same course together. O o 2 Art; 283 1670 T. COPEN- HAGEN. Salvage, to be projjor- tioncd, to thescrvics;* Ships, com« mauders of ships, mari- ners, &c. not to be arrest- ed, unlcfs for the preserva- tion of the kingdom, or the sake of juftice. Ships of war of one party toproteftthe merchant- ships of the other, hold- ing the same course. ■ i < ''I i :^ V, 'I It Jiii 284 DENMARK. their cap- tures to je restored to the lawful owners. 1670 Art: XXIX. For the greater security of commerce, and T. copEN- freedom of navigation, it is r^^ncluded and agreed, that "^°^^' neither party shall permit, th. wiiblick pirates, or other robbers upon the sea, shall have their receptacles or retreats in any of the ports of the other, or shall suffer, that any Pirates to be q[ ^jjg inhabitants or people of either prince do receive apprehend- . . ^ *^ *^ . cd, and pii- them into their houses, or supply them with provisions, Ills e , anc ^^ ^^ othcrwisc assisting to them, but on the contrary both parties 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. Art: XXX. It is concluded and agreed, that there shall be at all times free access for the subjefts 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 ter- ritories whatever of either king respeftively (not commit- ting any waste or injury) not only with merchant -ships and ships of burden, but also with ships of war, whether the same are upon the publick account, or afting by private commission; whether they enter by reason of tempest, and for avoiding the danger of the sea, or to refit or buy provi- sions ; so that they exceed not the number of six ships of war, if they enter of their own accord ; and they shall not remain longer in or about the ports, than shall be ne- cessary for refitting 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 I. ^ war. Freedom of access to the ports of each other. Ships of war, exceeding six, not to enter any port without permission, unless driven in by neces- sity. 285 1670. T. COPEN- HAGEN. coin- iiKiiulcr to DENMARK, war, it shall in no wise be lawful for them to enter therein without first giving timely notice by letter of their coming, and obtaining leave of those, to whom the aforesaid ports belong. But, if by force of tempest, or other urgent ne- cessity, 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 tiic nevertheless, that their admiral or commander in chief . , ' . . , ccrnlv the presently after his arrival shall acquaint the chief magistrate cause of his or commander of the place, haven or coast, whither they not'to'ttaV are come, with the cause of his coming : nor shall he stay he"irilcrmil- longer there, than shall be permitted him by the said chief ^^''' magistrate or commander, and shall not aft or attempt any hostility in the ports, whereinto he hath betaken himself, or any thing prejudical to that confederate, to whom they shall belong. , , Art: XXXI. It shall not be lawful for the subjefts of either king, or the inhabitants of the kingdoms or lands Jone'a'.K^^ under their obedience, to procure of any prince or state, ""^ to take 1 • i-rr • • 1 • 1 r I 11 • commissions who is at dirrcence or m open war with either of the allies, of war, from letters patent, called commissions of reprisals: much less^ theothcn" by virtue of such letters, to molest or damnify the subjects of either. Both the said kings shall striftly prohibit their subjefts respeftively, 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 any depredations by virtue of such commissions. Art: XXXII. If any ship or ships, belonging to the thTpafty.'" subjefts of either king, are taken in the ports of either, by JjJ^"Jj5'^J'" any third power, they, in whose port, or within whose tionof the jurisdidion, the foresaid ships shall be taken, shall be restored! ■ mutually ( m 1 ' *■" ; <■*- :■■ M' ') . li :\ ' ..:. 1 286 DENMARK. 1670 niutually obliged to use their endeavours, together with T. corEN- the other party, for the finding and retaking the said ship "•^"''^' or ships, and restoring them to the owners; which never- tlieless shall be done at the charge of the said owners, or the parties interested. Art: XXXIII. But, if in the ships taken by the subjeds Subjeiis of of either ally, and brought into any port belonging to the InkcnlnUie Other, thcrc shall be found any seamen or other persons, encmi« 'of ^^^ ^^^ subjcfts of that ally, into whose ports or rivers the the other, prize shall be brought, they shall be civilly used by those, at liiicity. who have taken them, and restored to their liberty forth- with, and without ransom. A ship with prohibited goods being taken, the balcb are not to be opened, or sold, till the goods arc landed, and an inventory is made. Art: XXXIV. But, if a ship of war, or any odier, laden with prohibited goods, belonging to the other crown, hap- pens to be taken, it shall not be lawful for the captains or commanders, who have taken her, to open or break up any chests, tuns, or bales on board the said ship, nor to transport or otherwise alien any of her merchandizes, until they have been first put on shore, and an inventory thereof made before the judges of the admiralty. Art: XXXV. And for the greater security of the sub- je£ls of both kings, and for preventing all violence towards l^To'tlers^ them from ships of war, all commanders of any of the of one party, ships of war, belonging to the king of Great Britain, the ship^ or and all other his subjeds whatever, shall be stri6lly tSother!^ charged and required, that they do not molest or injure the subje6ls of the king of Denmark ; and, if they shall do otherwise, they shall be liable to answer it in their persons and estates, and shall therein stand bound, till just satis- fadion DENMARK. faflion and compensation shall be made for the wrongs by them done, and he 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 subjefts whatever, be stri6lly charged and re- quired, under the same penalties, that they do not molest or injure the said subjeds of the king of Gieat Britain : provided nevertheless, that all the aforesaid aftions are ex- amined and adjudged by due and legal proceeding in the court of admiralty of either king; 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 either king, so soon as they shall be desired, shall appoint to that end ; that so proceedings by this means may be not only carried on without great expences, but also ended within three months at farthest. 28, 1670. T. COPEN- HAGEN. The causes to be adj udg« ed in the courts of admiralty ; or by com- missioners appointed by either king. * if f .i .1 Art: XXXVI. Both kings shall take care, that judgment and sentence concerning prizes taken at sea, may be given concerning according to the rules of justice and equity, by persons not P!'«s,tobc suspefted or interested ; and being once given by such cording to judges as aforesaid, they shall stri6lly charge and require "'''* "^^* their officers, and whom it shall concern, to see the same put in due execution, according to the form and tenor thereof. Art: XXXVII. If the ambassadors of either king, or any other publick ministers, residing with the other king, ^onnined^ shall happen to make complaint of any such sentence, that i^f-;" be cx- king, to whom complaint shall be made, shall cause the councU. said judgment and sentence to be reheared and examined in Vii 288 DENMARK. 1670. T. COl'I'N MAG EN. in his council, that it may appear whether all things re- quisite and necessary have been performed, according to the rules ot tliis treaty, and with due caution; and, if the contrary hath happened, it shall be redressed ; which is to be done at tlic lartliest within three months time: neither be"sS', tUP shall it be lawful, either before the giving the lirst sentence, the imjiiscii- Q afterwards, durinaj the time of re-htarinor, to unlade, or veil, unless sell and alien the goods in controversy, unless it is done by by consent, ,. , . • 1 • r 1 • 1 or to prevent couscut ot partics, and to prevent the penslnng ot the said "'''' goods and merchandize. giTs, except _. Art: XL. Also it is aerreed, that if the Hollanders, or The English, /,,,,•; 1 to tn;oy the any other nation whatever, (the Sxcedim nation only ex- l'!;"s, iil'any cepted) hath obtained already, or shall hereafter obtain oiiKT stran- jjj^y better articles, agreements, exemptions or privileges, than what are contained in this treaty, from the king of Denmark, tiie same and like privileges, shall be likewise granted to the king of Great Britain and his subjefts, eifeftually and fully to all intents and purposes. And on the other side, if the Hollanders, or any other t^'lliSy'thc "^tion whatever, hath or shall obtain from his majesty of «.|oy pri^ leges, as the samepnvi- Great Britain any better articles, agreements, exemptions }hUan.krs, OX piivilcgcs, than what are contained in this treaty, the nati'oa." "^' Same and like privileges shall be granted to the king of Denmark and his subje£ls also, in the most full and cffedual manner. Art: XLI. It is also concluded, that former treaties ti?s."!vl^t l" ^"^ leagues, at any time heretofore made, between the pugnant to afoicsaid confederates or their predecessors, as well for ttic present, . ^ ' confiimcd. the kingdoms of Great Britain, Sec. as for the heredi- tary kingdoms of Dan irk and Norway, Sec, respedively, ■ ^ shall DENMARK. 289 shall not In the least be reputed or taken to be broken jg-o. and abolished by any agreement, covenants or articles, t. copen- contained in the present treaty, but that they shall remain "'^°^^' in full force, eflPe6l, and virtue, so far as they are not con- trary or repugnant to the present treaty, or any article therein contained. Note — This is the latest subsisting Treaty of Commerce between England and Denmark; for although another Treaty was made in 1691, it appears to be only pro. visional^ and to have been intended to last no longer, than the war should continue between England and France. 1/ !, I „. V ,r ! I; . Corps Dip: Tom: VII. Part II. P. 292. ): OfF: F. 1 1 . Several subsidiary Treaties , with Articles renewing and corfrming former Treaties, have also been since con- cluded, between the crowns of England and Denmark in the years 1734, 1739, ^c. but, their duration having been limited to short terms, these Treaties are not now in force. U* .Ux: '. '?'. , ij V .''■"Jicl- '. :-i\^■ 'II' •f..U ' •.J»,i ■ i.< n : . 1: '<■ Pp Convention 290 DENMARK. ..J- ^: Geo. III. Convention between Great Britain atid Den- Chris. V. 1780. C. COPEN- J^j!!!!^ the Treaty of Copenhagen in 1670, dated mark. Explanatory of the Third Article of July 4, 175^0. Treat: 1790. Vol: I. P. 97. — - ^rt^*/ The two powers, en- gage not to assist, the enemies of each other. Contraband goods speci- iied. ' Et gcnerakiiifHt • tous aufrti assor- ' timens servant a ' V usage de la gU' ' f»;r, de mane que ' /* boh de const rue- ' //»«, le goudron, X H E two contracting sovereigns reciprocally engage for themselves and their successors, not to furnish to the enemies, of the one or of the other, in time of war, any succour, neither soldiers, nor vessels, nor any goods or merchandizes called contraband; in like manner to pro- hibit their subjects from so doing ; and to punish severely, and as infradors of the peace, those who shall dare to aft contrary to their prohibitions in regard thereto. But not to leave any doubt, as to what ought to be understood by the term contraband; it is agreed, that nothing, under that denomination, is to be understood, but arms, as well fire as other sorts, with what relate thereto, as cannon, musquets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musquet-rests, bandoleers, gunpowder, match, saltpetre, ball, pikes, swords, head- pieces, cuirasses, halberts, lances, javelins, horses, horse- furniture, holsters, belts, and generally all other imple- ments of war ; as also, timber for shipbuilding, tar or rosin, sheet-copper, sails, hemp and cordage, and gene- rally whatever may serve directly to the equipment of vessels; unwrought iron, and fir-planks only excepted. But DENMARK. 291 But it is expressly declared, that in this kind of con- ~j g traband goods, are not to be comprehended, fish and flesh, c. copen- fresh or salted, wheat, flour, rye, or other grain, vege- "^°^^' tables, oil, wine, and generally whatever serves to the nourishment and support of life ; so likewise, all these Goods not things, may always be sold and transported, as other mer- '^°""^'' ^" * chandizes, even to places possessed by an enemy of the two crowns, provided the same be not besieged or blocked up. Vide — Third Artide^ Treaty of Copenhagen, page 275. \. VX\' \\\' .a \ 4 ! r f \ ii".ri J.'.;.' ' • '• I * \li(^-'! a-, yr - . . ' ,' \ Pp 2 •■1 '. 1 TREATY ii Ij • f ..i; TREA TY WITH D A N T Z I C. I..' ;!' J . /jU!: .?;> v'li I.I i-'h.' i:^^;-^^* Anne. Treaty of Conunerce between Great Britain and the Magistracy of Dantzic, concluded T. C. DANTZIC. Free trade. at Dantzic, October 23, 1706. Pap: OfF: R. 4. Treat: 1790. Vol: I. P. 100. Article I. x\S formerly and hitherto, so also hereafter for the future, it shall be lawful for the subjefts of the kingdoms of Great Britain, to wit, England, Scotland, and Ireland, as of a nation in amity, freely to dwell at Dantzic, as long as they will, without any molestation, and exercise trade there ; that is to say, to import whatsoever merchandizes of other nations, which it is lawful by sea or land lo bring from foreign parts to Dantzic^ and, having paid the due and usual customs, to keep them in cellars, warehouses, and storehouses, and thence sell them to the citizens of Dantzic; or if, perhaps, they cannot sell them, to export them again by sea, in what ships they shall think fit, having paid the duties at their going out, which the citizens them- selves DANTZIC. selves do ; as also buy all merchandizes whatsoever of the citizens of Dantzic, and transport them by sea, to what foreign parts soever they please ; nevertheless always ob- serving the laws and statutes of the said city respe6ling either commerce, or any other right or privilege what- soever. 293 1706. T. C. DANT/.IC. Art: XIV. The ships of Dantzic being duly furnished with authentic passports and rertihcates, by which the pro- priety of the ships and cargo may certainly appear, [ita ut ex lis certo constare possit de proprietate, tarn ipsarum navium, quam oneris^ and that they neither carry contra- band goods nor those of w;ie enemy ; they shall not be stopped by British privateers in the British seas, or else- where in their voyage, much less detained, visited or taken, and carried into the ports of Great Britain : but if this stated and usual form of certificate be not produced, or there be some other just and urgent ground of suspicion, then the ship n^ay be visited; nevertheless, this permission is to be understood in such case only, and not otherwise : and if any thing shall be done contrary to the true and genuine sense and meaning of this article, a severe penalty shall be inflifted on the offenders, and ample satisfaftion shall immediately be made, without any delay, to the party injured, for his loss, damage, and expences. DiWtzick ships, with documents to shew the property, and that tliey have no contra- band, nor enemies gnods : not to be stop- ped, Satisfartion to be iiiu.'c to injured party. TREATY • i4 ,1- I k 11 » • *.' I TREATY w I T .£ SA VO Y. Char. II. Treaty of Amity and Commerce between Great ^\^66q! Britain and Savoj, concluded at Florence, FLORENCE. ^ept, 1 «-'j lOOy. Corps Dip: Tom: VII. Part I. P. 119. Pap: Off. K. I. Treat: 1790, Vol: II. P. 309. Peace con- finned. Brltiih sub- jcfts, to import all kinds ofmer- chrndize, in- to the porti of Savoy. Article I. X HAT peace, which hath not been interrupted for many years, is by these presents ratified and confirmed between the king of Great Britain, and the duke of Savoy ; and their subjefts shall be obliged on all occasions to shew all kind of civility and reciprocal affetlion towards each other. Art: II. It shall be lawful and free for all kinds of ships and vessels, belonging to his Britannick majesty or his subjefts, to carry and bring into the ports of Villa Francha, Nice, or Saint Hospice, all things whatever, and all kinds of merchandizes of what nature soever, and where-ever produced ; s.Q-i SAVOY. produced ; and they may freely land and lodge all such goods ^-^ and merchandizes in any places within such ports, for the t. security and preservation of the same, without any confis- [!:!1^SJ: cation, or the exadion of any impost or duty whatever, in case such goods, or any part of them, are not sold in such ports. Art: V. All kinds of ships and vessels, belonging to ^^ ,^.^^ j^. ^ his Britannick majesty or his subjefts, which shall sail from coming from England^ or from any other port under his majesty's obedi- wl'h Vcm- ' ence, or belonging to his dominions, which shall not be [jgi|[J^J ]j|,j infccled with the plague, and shall arrive at the ports of t« Pf ^"','" Nice, Villa Francha, or Saint Hospiu, with certificates and attestations of their good health, and not having traded in their voyage in any place, or with any persons suspecled to be infe6led, shall be free from performing any qua- rantine, or observing any days of purgation whatever; and all persons, on board suc!i ships, shall be at liberty to trade immediately in such ports. quarantine. Art: XII. All mariners, subjcfts of his majesty, who, without leave of their captain or master, shall retire and neri'\\c^er(' enter on board of any other ship or vessel, on complaint '"g; ^'"' ^"' P . r 1 • • tering on being made thereof to the oflicer of his royal highness board other at Nice, Villa Francha, or Saint Hospice, shall be taken retliined to out of the ship, which shall have received them, and t'^^"^*^'?"'"- they shall be returned to their first captain or master. If any mariner leaves his captain, or master, and retires to any publick or private house in the said ports, and shall be hid by the inhabitants thereof, he shall be taken out of the same by force, and the master of the house shall be condemned in the penalty of twenty dollars for cvciy 2g6 SAVOY. i66q ^^^^ *^^ ^'^^ offence If any mariner lies on shore in T. any private or publick house without a permission in Fi oRf.NCE. ^yj-itlng signed by his officer, the master of the house, who harboured him shal) be fined ten dollars. If any mariner Penalties of contrafts 3 debt with an inhabitant of the said ports, or concealing . i r i Brhi./jmvi- runs in debt to him farther than for one dollar, without permission in writing of the captain or master, the creditor shall lose his right ; but if any mariner gets any person^ the""ebts"of ^bo is not 3 niarincr, to answer for his debt, the mariner mariners. ^\iq\\ gf fr^e, but hc, who answcrcd for him may be de- tained ic. lie lebt. Art: XIII. WLcnever any ships of war, belonging to his Britannick majesty, shall enter into any of the said ports, they shall be received there with the same honours in all points, as any other ships or vessels, belonging to any other prince whatever ; and, during the time of the continuance of any such ships in the said ports, they shall not be re- . . ,\ . fused any thinsf, which shall be necessary or convenient British ships _ , ' . ° . 1 1 • r 1 of war to be for them, they paymg a reasonable price for the same : and, Td, siippfied, with regard to provisions, it shall be lawful for all persons, ed'' m°\he employed to provide and furnish provisions for such ships, ports of to contra6l for the purchase of all things necessary and convenient for their sustenance, throughout his royal high- ness's dominions, and to bring all things so purchased into the said ports, without paying any duty, custom, or im- post whatever, but only paying the prime cost for the same: and his majesty's said ships of war shall, during their continuance in the said ports, be protefled, and de- fended against any person whatever, who shall offer to do them any violence, or to commit hostilities against them, . ' * Art: XV. Savoy, SAVOY, Art: XV. It is finally agreed, that all immunities, pri- vileges, and concessions, contained in the general publi- cation, which has been made of a free port, by his royal highness, and which are not mentioned or specified in the preceding articles, shall be understood as expressly men- tioned and contained in this present instrument, for the full and perfeft advantage of his Britannick majesty's subjefls, in all dispositions and intentions: and all immunities, pri- vileges or advantages, which hereafter shall be granted to any other kingdom or state whatever, all and every one of those privileges, immunities, and advantages, are and shall be as fully, and in all their circumstances, al- lowed to the subje6ls of his majesty, as ii ch ' had been expressly granted by this instrument. , 297 1669. T. FLORENCE. All the pri- viicgcs, of a free port, t,^ be enjoyed by Biitiib siibjefts; al- so all im- munities, which shall be granted to any other state. '■ ! i I Qq TREATY TRE ATY WITH TURKY. uah'\1\ Treaty of Commerce between Great Britain and T. aZma- Turky, or rather a Grant and Conjir- NOPLB. mation of Privileges, made by the Sultan to the English Nation, wherein the an- tient Conventions, made in the Reig?is of Queen Elizabeth, King James, and King Charles the First, are recited and con- Jirmed, dated at Adrianople, in September 1675. Corps Dip: Tom: VII. Part I. P. 297. Treat: 1732. Vol: III. P. 282. Treat: 1790. Vol: II. P. 431. Article I. HAT the English nation and the English merchants, and all other nations or merchants, who are or shall come under the colours and prote6lion of England, with their ships i"' TURKY. 299 ships great and small, merchandize, cfFefts, and all their ~~7~ other goods, shall at all times sail securely in our seas, t. adria and go and come with all manner of" safety and freedom. NOPLE. in all places within the limits of our imperial dominions, ircc n-uic in such manner, that no person whatever of that nation, iZl amt'Tii nor his goods or effefts, shall receive any molestation or '^otcVioa' impediment from any person whatever. Art: IV. All English ships or vessels, great or small, Frfcinerc ■ hour whatever of our dominions, and depart from thence, //i/> siiipi.^ when they please, without being delayed or hindered by any person whatever. Art: V. That if any accident happens to any English ships, great or small, from the danger of the sea, or any iTv^.'/./siiips other necessity, all ships, as well imperial as those belong- u,i^l'J.tcijsi>shq-,< empire, which shall meet with any English ships at sea, ""V'^".'/t shall not do, or give, nor suffer the least injury or mo- tobesniutcd, lestation to be clone or given to them; nor stop them, or Sndiyr"^" take or demand any thing from them, but shall salute them ; . Q q 2 and Ki ■;■ 'I! :* I; 3C0 TURKY. iQjr and they shall shew good and mutual friendship to one another, without any offence. T. ADRIA NOPLE. 2?f/i>/;'iA ro enjoy all the privileges, granted by the Porte to any other Chriiiian tia- tiun. F.ng/iih, and ull under their pro- tcdion, may export from Tioky, all merchan- dize, except fire-arms, gunpowder, and (he like. English to trade freely to Muicmy, through Puniftf and from thence to Turky— Art: XVIII. All the particular privileges and stipulati- ons, which have in time past been granted to the French^ the Venetians^ or any other Christian nation whatever, whose king was in peace and friendship with the Forte, are hereby given and granted in the same manner to the English nation, to the end, that the tenor of our present imperial treaty, may at all times hereafter be observed by all manner of persons, and that no person may in any manner pretend, under any colour whatever, to contravene or violate the same. ^ Art: XXII. The English nation, and all, who come under the colours of England, with their ships great or small, may sail, traffick, buy, sell, and live in all places of our dominions; and excepting fire-arms, gunpowder, and other such like merchandize, may put on board and carry away in their ships such of our merchandizes, as they please, without any trouble or hinderance from any person what- ever; and their ships and vessels may freely come into, and securely cast anchor, and trade at all times, in all places of our dominions, and there buy provisions, and all other things for their money, without any contradi6lion or hin- derance of any person whatever. Art: XXXVI. The English merchants and all others, who shall be under the colours of England, may, with all manner of security, trade, sell, and buy, throughout all our dominions, all sorts of merchandize, those only excepted which are proliibited ; and they may likewise go and trade to TURKY. v'JOl to Muscovy by sea or land, or by the way of the river j5-r. Tanais, or Don^ or through Russia, and may bring their t, adkia- merchandize from thence into our empire : and in hkc ^"'''•^' manner they may go to trade in Persia, and return through any part thereof, which we have conquered, and the con- m i^tn,<^.md fines of the same, without any hinderance or molestation J^riu" hS from our officers; and they shall pay the customs and other pa" of tho duties of that country, and nothing more. conquered country. Art: XXXVII. The English merchants, and all others, p^^j^gj^ who shall \ e under the colours of England, may freely and to Jiefpo, safely tr?.»fick and trade in Aleppo, Cairo, Scio, Smyrna, paying the and in all places of our dominions, paying according to »"»'="* <^"='' toms. antient custom three per cent, for all their merchandizes, and no more. Art: XXXVIII. In case that the English ships, which Engihb&\\\pi come to our city of Constantinople, are forced by dangers ^J'^^ !J"J at sea, or by bad weather, to put in at Caffa, or such other such pons, to 1 IT-,-, , 1 • , beproteacd. port, so long as the English contmue on board without selling their commodities and merchandize, no person shall do them any violence, nor give them any trouble or hin- derance ; but in all places, where there is danger, the Cadees and our other ministers, shall always defend and prote6l the said English ships, their men and goods, lest they receive any damage. Art: XL VIII. Forasmuch as it is notorious, that certain fioods and pirates of Tunis and Algiers, in breach of our imperial JheT^A capitulations, and contrary to our will and intention, do ^ir!"e}'Vf^* take and carry off, by sea, the ships, merchandize and X^"'.' ^^^^ men, who arc the subjects of the kmg of England, and of restored and 1 set at liberty f :!l % 'M 302 TURKY. NOPLE. i5yc. '^ther kings and states in alliance with our imperial Porte, T. ADRiA- to the great damage and prejudice of the said English nation; for these causes we command, and do by these presents enjoin, that mandates be issued and dispatched for the intire and perfect restitution of all goods and merchandize so cominSr '^^^" ^^^^ ^^^ English nation ; and that all the Englih, their robbe- who have been taken and made slaves, or imprisoned nes, to be , , . . . i r i prosecuted by the said pirates, be forthwith set at liberty; and, if, and punish- ^^^^^^ ^^^ ^^^ ^^ ^^^ j^^^ ^|- ^^^ present imperial capitu- lations, the said pirates^ of Tunis and Algiers, shall con- tinue to commit any robberies or other outrages upon them, and will not restore their goods and men, we for- bid the said pirates to be received into any port of our dominions, and particularly into the harbours of Tunis, Algiers, Modon, or Coron; and we do expressly forbid our Beglerbeys, and other ministers, to permit them to enter there- in, or to suffer them to be there received or entertained ; but on the contrary, we command the said Beglerbeys, Cadees, and other ministers, to prosecute, banish, and punish them. Art: LIV. The English merchants may freely come Free impor- jq ^U the Dorts of our dominions to trade, and import tationofall „ , , , • i i , ,i goods into woollen cloth, kerseys, spices, pewter, lead, and all other free cxpnr' mcrchandizcs ; and no one shall give them any trouble or "oods "^not' hinderance : they may also buy and export all sorts of mer- contraband, chandizcs, cxccpt what are prohibited, without hindcrance * ^' or molestation ; and, after having paid the customs confor- mably to the present imperial capitulation and antient usage, the commissioners of the customs and other officers shall demand nothing more. <; ' Art: LIX. TURKY. 303 Art: LIX. The galleys and other ships of the imperial ^ ' navy, sailing from the dominions of the Grand Signior, and t. adria- meeting any English ships at sea, shall not molest or retard '^"''^^- them in their voyage, nor take any thing whatever from them, but they shall always shew right good friendship to- wards each other, without doing each other the least da- '/'^*'^'^=*hips ' _ _ o , of war, and mage; and, this being accordingly declared in the imperial those of m. capitulations, the Beys and captains sailing upon the high ic/'not To* seas, and those of Algiers, Tunis y and Tripoli, meeting J"",'^,''^* ;,',"„ with English ships sailing from one port to another, shall not ^^V'^^^ vcs- , r* t ■ 1 1 ''^ '^' sea. take away any ot their money or goods, on pretence, that they have goods of the enemy on board, nor search them on that account, nor molest or retard them in their voyage ; so that their gooc ^ shall only be examined at the entrance of forts, and in the harbours, where the searchers, belong- ing to the customs, arc used to go on board; and when they are out at sea, they shall not be liable to any i'arlhcr search or inquiry. .1 'I TREATIES V4. TREATIES WITH MOROCCO. George I. Treaty of Peace between George I. King of AAULI lSM» il^^V Great Britain, and Muli Ismael, Emperor T» FEZ* JL of Morocco, concluded at Fez, January 23, 1721. Article I, A N order to establish peace between the two powers, Enfiuhto\>t both by land and sea, and all their respeftive dominions, Kspeaeir** it is agreed, that the English may now and always hereafter, be well used and respefted by our subjects. Art: V. If the £wg-/wA ships of war, privateers, or letter Sdtol'ii of marque ships, shall take prizes from any nation, with •nlKm". "whom they shall be at war, they shall have liberty to ror's donoi- bring and dispose of the same, in any of the emperor's dominions, without any duty or charge whatever. Art: VI. 305 1721. T. FEZ. MOROCCO. Art: VI. If any English ship shall by storm, or in flying from her enemy, come upon the emperor's coasts, the same shall be safely protected, and nothing touched or taken 'fi^ih^^ av/ay, but shall be under the dire6lion of the English J"^J_!5 PJ^/ consul, who shall send the goods and people where he tiieempc- shall think fit. ror s coasts. % Articles of Peace and Commerce between Geo. ii. 1727-8. George II. King of Great Britain, ^nf^^. MEoin- the Emperor of Morocco, concluded at Mequinez, Jan. 14, 1727-8. T.eat: 1732. Vol: IV. F\ 457. Treat; 1785. Vol: II. P. 302. Article IV. X H A T all his Britannick majesty's subjefts, as well pruish sub- passengers as others, taken by any of the emperor of Fez '*^"^^,^' ^']'',^" and Moroccos cruizcrs, on board any foreign ship or vessel 'cigu ^iiip?, whatever, shall immediately be set at liberty and sent to GibniUar. the city of Gibraltar. Art: V. That there be [lermission for buying provisions and all other necessaries lor his Britannick majesty's fleet, or for the city of Gibraltar, at any of the emperor of Fez ITxS^^r,-!- and Morocco's sea-ports, at the market-prices; and that the »'>'\^'^^^y '^i' t 1 ■ 1 II- ■ I • (Jihmltiii, same may be shipped oil without paying customs, which not to pay liave been extoi ted lately, contraiy to the treaty of peace subsisting. R r Treaty oibtoms. i .! CUli :■ I H 3o6 MOROCCO. ^l"" ^ • Treaty of Peace between George TI. King of Great Britain, andthe Einperor o/" Morocco, concluded December 15, 1734. Article II. X F any of the emperor's subje£ls shall be made slaves, Subje£is of and escape to an English ship of war, or to Gibraltar, Port Mbe'^pm*-'^' Mahon, or any of the English dominions, they shall be other ^^'^^"^ protefted, and with all convenient speed sent to their respeftive homes: the like treatment is to be given to the English, who shall be slaves, and escape to any part of the emperor's dominions. Geo. ir. Treaty of Peace and Friendship between George T^^FEz.* II. King o/' Great Britain, and the Emperor of Morocco, concluded at Fez, January 15, 1750-1. Treat: 1785. \„ ; ill. P, 5. Article I. Jh O R establishing peace and friendship, it is agreed and concluded for firm and vahd, both by land and sea, trSndsh?f. in all the dominions of both powers, that the English in general shall and may now, and at all times hereafter, enjoy and It' 3'^7 .0-1, T. FEZ. MOROCCO. iind continue in ptpxe and friendship with the. cmperCi' and his subjefts, and be well used and respeftcd by the empe- ror's subjefts, agreeably to the order and commands of the emperor. Art: V. The fifteen articles of peace made and con- ^ , ^ Trearv of eluded between king George the first and Muli Ismael, are 172' k^"- hereby agreed to. and confirmed with his majesty king George the second, as good and valid, and shall be faith- fully kept and observed. f I ^ Treaty of Peace and Cormnerce betweeji Georp'c King of II. Kinsr of Great Britain, and the Einperor „ ='"J ^ O U 1 limpcror ot Ahrocco. FEZ. of Morocco, concluded at Fez, July 28, ^l^'^'^'[^ 11 GO,'-' Ratified by George III. August 5, 17G1. Treat: 1790. Vol: I. P. 2. I Article I. T it agreed and concluded, that from this time fofwarsi, there shall be between his majesty of Great Britain, and the emperor of Fez and Morocco, their heirs and successois, pc ,,„ii a general, true, and perfcft peace for evci, as well by land J,"i,^"and^ as by sea and fresh waters; and also between their lands, ^iie"'ii»p- kingdom i, dominions, and territories belonging to or imder the jurisdiction of cither of them ; and that their respective R r 2 sul m,i\ i 3o8 1760-1. T. FE/.. To same ef- fcit, as 2cl art; of t. of 1:21. Freeingresf, and egress. No (hity to W paid, tor implements of war. Ships in dis- tress, to be proteftcd. MOROCCO. subjeds, people, or inhabitants, of whatever condition, de- gree, or quality they be, shall reciprocally shew to each other all friendship; and that, on the demise of either of their majesties, the successor shall send an ambassador to the other, to notify his accession to the throne. Art: II. It is also agreed, that all £71^/^^ ships of war, and merchant ships, that shall come to any part of the emperor's domininions to trade, or for any other purpose, and shall have on board a cargo, which shall not be saleable in the said place where they come, may depart with th^ same to any other part whatsoever, of the emperor's dominions, and shall not pay the duties for it more than once; and that no duty shall be paid for implements of war, such as fire-arms, swords, or any other thing whatsoever which may belong to the military ; neither for all sorts of materials used for building ships ; and that, if any English ship shall come to any of the emperor's ports with merchandize destined for another part of the world, they are not to pay any duty for such merchandize, so that they may depart with the same without any molestation. If any English ship shall be thrown upon the emperor's coasts, by bad \;eather or other- wise, the same shall be prote6led, and depart again in safety, without any ill treatment or interruption. And the em- peror's ships, which shall be thrown on the coast of Great 3rifn/n,or dominions thereunto belonging, shall be treated in the same manricr. Art: III. It is also agreed, that all ships belonging to the subjc6lj» of the said king of Great Britain, and of the em- pCiCr (;i F.'z and Morocco, and his subjects, may securely na\ igaic and pass the seas without being searched, or re- ceiving ir- 309 1760-1. T, FtZ. MOROCCO. ceiving hinderance or trouble the one from the other; and that all persons and passengers, of whatever nation they may be, belonging to either of the parties^ shall be entirely ^ free, without being detained, molested, robbed, or receiv- ing any damage from the others. And moreover, it is xo same ef agreed, that the English ships, which shall be freighted in ^^^'^:X■y ^'t any port of the emperor of Fez and Morocco, for other ports t*'- of the same kingdom, shall not be obHged to pay the usual port charges; that no captain or other person belonging to any ship or vessel of the emperor of Fez and Morocco, or his subje6ls, shall take any person or persons whatsoever, out ^jJaii'tctj! of any ship or vessel of the king of G?"mi Britain, or his ^'"oik, of;i subjects, m order to be exammed, or under any other pre- on any pic^ tence whatsoever ; neither shall they offer violence to any person or persons, of whatever nation or quality they be, on board a ship belonging to his majesty's subjeds. Art: IV. It is besides agreed, for the better observance of the preceding articles, according to their true intent, that the ships of war or cruizers belonging to the emperor of Fez and Morocco, or to his subjefts, meeting with any ships or other vessels of the king of Great Britain, or his subjeds (not being in the seas belonging to his majesty's dominions) may send a single boat on board, with two trusty rowers, and no more, who may enter such ships or vessels; that on shewing them a passport, signed by the king of Great Britain, or by the high admiral of England, On inspea- Scotland, and Ireland, in the form hereafter mentioned, the lo^ifSc' ' said boat shall depart immediately, leaving such ships to ''^'^" '^^^^^'^• pursue their voyage freely : and when it may happen, that any ship of war or privateer of the king i Great Britain, shall meet any ship or vessel of the emperor of Fez and To same ei- fcot, as 4tli art: ot" 1. of 1721. Moroccco, I I i'I'''t|'l 'Ji, \ 310 MOROCCO. 1 760-1. ^^^^^^^^» or of ^is subjeds, on the captain of such ship shew- T. FEZ. ing a passport from the governor of the city to which he bc- longs, with a certificate from the English consul, or, in case of his death, or absence, from the major part of the English merchants residing there; in such case, he shall be per- mitted to pursue his voyage without impediment or injury. Art: V. It is also agreed, that in case any ships of war _ ... of the king of Great Britain, or of his subjeds, shall come To sell prize " 1 1 1 • • goods, in to any port, under the dommion of the emperor of Fez and dorofiiTons. Morocco, with prize-goods, they shall be permitted to sell them without hinderance or imposition ; and, in case any squadron, or oingle ship of war, or merchant-ship, of his majesty, shall want provisions, viduals, or refreshments, it is hereby agreed, that they may buy them, in the quantity and quality they shall have occasion for, at the current market-price, free of duties, or of any other gratuity. May buy provisions. If B>iiis/j ships, meet witn any disaster, to he set at liberty. Art: VI. It is moreover agreed, that if any ship or other vessel belonging to his Britanniek majesty, or to his subjects, shall, by misfortune, storm, or any other disaster what- soever, be forced ashore, or wrecked, on any part of the dominions of the emperor of Fez and Morocco* such ship or ships, persons, and goods, shall be faithfully, and with- out the least damage or diminution, restored and delivered to the consul, or any other person whom their owner shall appoint to receive the same -, the people shall be set at liberty, and permitted to depart whensoever they please, without the least detention. Art: VIII. It is agreed, that no alcaide, governor, soldier, or subje6l of the emperor of Fez and Morocco, shall lay violent MOROCCO. nil violent hands on tlic cffefts or merchandizes belonging to ,„(,q,j the subjefts of his Britannick majesty, within the jurisdic- r. rwi. tion of the emperor of Fez and Morocco, witliout first treat- ing, agreeing, and paying the value thereof, or according to an agreement made, and without having permission and to same i.t- authority from the emperor for that purpose; neither shall !,'it^J,^,'°of the subje6ls of his Britannick majesty be forced to buy goods i?^'- contrary to their inclination : and it is moreover agreed, that no commander or captain of an English ship shall be obliged or constrained to negociate, or receive on board, merchandizes belonging to any person whatsoever, he or they declaring, to the consul residing there, the reason for it, neither shall the said ship be detained or embargoed un- der any pretence ; and that, if any of the emperor's subjects ^'^s"^j,o,''Jo shall freight an English ship, to carry and convey any com- bcco.itptiied modities from one place to others, of the emperor's domi- bliy gomii. nions, and it shall happen, either from bad weather, or any other accident whatever, to touch at any place or places in the voyage, such ship or ships shall not be obliged to pay any thing, for the shelter or assistance they may receive ; nor shall a pilot or mariner, be taken out of any English ship. Art: IX. If there shall happen any quarrel or dispute between any Englishman and any Mussel nan, by which any of them may receive detriment, the same shall be heard and mr; disputes determined by the emperor alone; and if any Englishman, "i'Jj° '^^'■' who shall be the aggressor, shall make his escape, in such case, no other Englishman shall suffer on his account, or in his place : it is also agreed, that if any law-suit, dispute, ov difference, arises between the subjeds of his BntannicK. majesty, they shall be accommodat'jd by the consul of the nation: wi •; \ .312 1760-1. T. FL7. To same ef- fcift, as 10th art: of t. of 1721. MOROCCO. nation : aftd if any quarrels shall happen among the Mussel- men in England^ or in any of the Englisli dominions, by which one of them may receive detriment, the same shall be heard before a Christian and a Musselman, and shall be decided according to the laws of Great Britain. Art: X. It is agreed, that not only during the present peace and amity, but also in case of a rupture or war break- ing out between their said majesties, in any time hereafter, the consul and other subjefts of the king of Great Britain, who reside or traffick in the dominions of the said empe- ror of Fez and Morocco, shall be permitted to quit the coun- try whenever they think proper, as well in peace as in war, in any vessels of whatever nation ; and also, in case of a rupture, the space of six months shall be granted to them to remove; and all then* debts shall be justly paid to them; and they shall take away their cffe61s, families, children, though born in the country, and servants, without the least detention, impediment, or embargo. Art: XI. It is moreover agreed, that if any Lnglishmani in the dominions of the emperor, or any subjeds of the emperor, in the English dominions, shall maliciously en- deavour to break the peace, they, who are guilty of such crime shall be punished by each sovereign for that of- fence : but each sovereign shall take cognizance of his own subjeds. Art: XII. It is also agreed, that if any subjecl of the Emperor's emperor of Fez and Morocco desires to transport commo- pay no great- ditics from the dominions of the kir:g of Great Britain, thanothcrs. hc shall be permitted to do it, without paying greater duties In case of a rupture, six iiionths allowed Bri- tiiJj subjcfts, to return with their effefls. If anv siib- jcift break the peace, the aggres- sor, to be punished. % 1760-1. T. FtZ. MOROCCO. 313 duties or impositions than other nations pay, according to the custom of the country ; and when the English convoy shall be ready, it shall be ordered, after its arrival at Gibraltar, to convoy the vessel on which the said commo- dities are embarked, to the port his Imperial majesty shall appoint. Art: XIII. It is also agreed, that no Spaniard, or native Tosame ef- of any other country, whether captains, mariners, fisher- !^^f.'^f ^^['l men, or other persons, under the English government in «7*'- the city of Gibraltar (ov in the island of Minorca, when it shall again be in possession of the English) shall be seized alkali'' or molested, navigating under the English flag, with pass- '^f^^i ,^' ports from the governor or commander in chief of those to u con :- places, and that they shall be considered and esteemed as En^ih/j i,ub. English natural subje6ls. j^^* Art: XV. It is further concluded, that all the subjefls of his Britannick majesty, and likewise of Hanover, and of his other dominions, who being passengers on board any ship or vessel of any nation, not in friendship with the emperor of fez and Morocco, shall be taken and made prisoners by any of his cruizers, shall be immediately set at liberty, and delivered to his Britannick majesty's con- sul, residing at the place where they shall be taken to; and, if there be no consul residing in such place, to the principal merchant there, with dire£lions to send them, by the first and most convenient opportunity, to the for- tress of Gibraltar, or to any other place; and in case any of the emperor's subjeds, being passengers on board any ship or vessel, of ay nation at war with his Bri- tannick nuijcsty, shall be taken by his Britannick ma- S s jesty's All Biiiii/j snbjeCis, alsoof //<7«o- '/ Hiotographic Sdences Coiporalion sj \ <^ 33 WIST MAIN STRICT WISSTIR.N.Y. 14SM (716)872-4303 '^ 314 1760-1. T. FEZ. MOROCCO. jesty's ships, they shall in like manner be set at liberty: and all his Britannick majesty's subje6ls, belonging to Hanover, or his other dominions in Germany, shall enjoy the same privileges, and shall receive the same respeft, and shall be considered by the emperor of Fez and Morocco, and by his subjects, in the same manner as the English, Art: XVI. It is moreover agreed, that such of the Eng~ lish subjeQis of his Britannick majesty, or others, who shall be ordered by the governor of the city of Gibraltar British sub. (oJ^ of the island of Minorca, when it shall be again in the jeas, may posscssion of the English) shall be permitted, and shall have ons, inany liberty to buy cattlc, provisions, refreshments, and all ne- cessaries they please, for the said places, in the public markets, or in any other manner, as shall be most con- venient to -them, in any port or place in the dominions of the emperor of Fez and Morocco, and shall take them away, without hinderance or molestation, paying a stipulated duty for the said cattle, provisions, refreshments, &c. Art: XVII. It is moreover agreed, that such a number fca'^^^^z^d' ^^^ quantity of passports, shall be transmitted to the em- art:'ofT.of peror of Fez and Morocco, as shall be judged necessary for »7so-»' lilxn, and which shall be indented in such manner, as shall tally with those, which the English merchants shall re- Regulation, ceive in England; and if a ship of war, shall meet with concerning ^^y. ^f t]^g merchant ships belonging to the emperor, such merchant ships, shall be obliged to produce and shew their passports, which the English consul has given them. part of the emperor's dominions. Art: XVIII. MOROCCO. 315 1760-1. T. ¥117.. Art: XVIII. It is also agreed, that if any of the sub- jeth of the emperor of Fez and Morocco, shall have been made slaves, and shall escape on board any English ship of war, or to Gibraltar (or to Port-Mahon, when it shall be again in the possession of the English) or in any other part To same ef. of the English dominions, the same are to be prote6led, and artl'ofV^Jf sent with all convenient speed to their respeftive homes-, '734- and his majesty of Fez and Morocco assures and promises, that the subje6ls of his Britannick majesty, who may dthirpany, escape from Ceuta, or any other garrison on the coast of ^°^^J p™j^ Africa, being prisoners in such garrisons on the coast of other, Africa (not having taken arms against the emperor) shall be free, and sent to Gibraltar. Art: XX. It is moreover agreed, that all ships and vessels belonging to his Britannick majesty, in Germany, shall carry a pass ; that the form and head of the said pass, shall be sent to the consul of bis Britannick majesty residing in Barbary, to be delivered to the commanders or captains of the ships or cruizers, of the emperor of Fez and Morocco, Further re- to the end, that the said commanders or captains may shew g"i«t'on; concerning the due respe6l to this peace, without offending through passports. ignorance ; and all the commanders or captains of ships or vessels, belonging to the subje6ls of his Britannick majesty in Germany, who shall meet with any ship or vessel of the emperor of Fez and Morocco, or of his subjefts, if the captain thereof shews a pass, signed by the governor of the city he belongs to, with a certificate from the English consul, or, in case of his death or absence, from the ma- jor part of the English merchants residing there, he shall be permitted to pursue his voyage without impediment or injury. S s 2 Art: XXII. iiU 1 lli wl. t-j \ h T. FEZ. To same ef» fedt, as 15th art: of t. of 1721. Enemies ships, not to offervlolence to British ships, nor to siil, under forty hours. 316 MOROCCO. Art: XXII. It is also agreed, that in case any ship or ships of war, or others, at enmity with his Britannick ma- jesty, shall be in any port of the emperor of Fez and Mo- roccOi where at the same time there shall be ships belong- ing to the subje6ls of his Britannick majesty, the said cruizers shall not be permitted to offer any violence to them, nor to sail under forty hours after the said ships shall be departed; and it is moreover agreed, that the peace shall commence from the signing of this treaty, after which, no subjeft of his Britannick majesty shall be bought, sold, or made a slave of, in any part of the do- minions, or under the jurisdiftion of the emperor of Fez and Morocco ; and this shall be ratified within six months, or sooner if possible ; and in case, in the mean time, any prize shall be made by either of the two parties with loss, reparation shall be made according to the shares, and as the ship or effefts shall have been sold; and the part which shall remain entire, shall be immediately restored in its own species ; the people shall be set at liberty. Art: XXIII. It is agreed and concluded (in order that there be no excuse made, or ignorance pretended of this to^p^cven"' peace) that the twenty-five articles following and before- !gnofan?e°^ mentioned, shall be declared and published to all the sub- je6ls of each power, which declaration shall be signed by each party, and shall be observed by them, to avoid dis- putes; and that they shall be translated immediately, by the emperor's order, into the Arabic language ; that copies of them, shall be sent to all the alcaides and officers, of all the ports of the dominions of his imperial majesty, to be read publickly by the judge, and afterwards to remain deposited in the hands of the said judge, or the alcaide of the 1760-1. T. FtZ. Every cap- MOROCCO. 317 the port, for occasions that may offer ; and, to prevent all other troubles, that every captain of a ship of war, or cruizer, of the emperor of Fez and Morocco, shall be pro- vided with a copy of them, which copy shall be actually on board the said ship or cruizer, in order to make this tain to have peace the more inviolable ; and that the ratification of the tw"nca% said articles shall be in the Spanish language, which shall be °" received, and of equal force, as if it was in either language of the two nations. Additional Article. It is moreover agreed, that if any of the governors of Gibraltar f (or Minorca, when it shall be again in the pos- Governors sessioi? of the Endish) shall desire flour or wheat, for the °^ Gibraitm-, r 1 -I • .1 . I • • • 1 . and ships of troops ol the said garrisons, that his imperial majesty per- war, may mits them to buy the same, in any places of his imperial ©" wheat! majesty's dominions, and to carry them away paying a fixed duty ; but it is understood, that the emperor does not grant the said privilege, to any merchant to carry away the said articles to sell. And it is permitted, that the ships of war may buy the said articles for their own use, in any port of his im^^ ial majesty's dominions, without paying any duty or imposition. Given and signed in our royal court of Fez, July 28, 1760. ii n 11 ''»" •111" :V Additional :j H 318 MOROCCO. 783. Additional Articles of Friendship and Com^ vierce, between Great Britain and the Ein^ pefvr o/' Morocco, May 24, 1783. Treat: 1790. Vol: II. P. 356. Free trade to EnqliiO nieichant ■. Article I. HERE is peace and friendship between us, agreeable to former treaties, nor has it been otherwise. The English merchants have free hberty to come to all our ports, there to trade, and to buy, and to sell, like other nations ; and we also give leave to the merchants, our subjects, to re- pair to and trade at all £?i^/i.jA ports. Art: II. AW English subjects, who have debts or demands Engiisb s\ib- "j^ Qyj. dominions or ports, have free liberty to come and jeftsmayre- . recover the same, and to be paid even to the last blanquin. But if any have claims upon such, as are bankrupt and un- able to pay, their money is unavoidably lost ; for we have heretofore often signified, to all the merchants who traded to our ports, not to sell their goods but for ready money, or to persons of established credit. And these are still our orders. And we also give the same orders to our mer- chants, who trade to foreign ports, not to sell but for ready money, or with people of credit ; and if they dealed with insufficient persons, they must lose their money. These are our orders. cover their debts To deal for ready mo- ney, or with persons of credit. TREATIES TREA TIES WITH ALGIERS. Articles of Peace and Commerce, between Great will.iii. Britain and Algiers, concluded at Algiers, t.algiers. . June 28, 1698. The severe ' treaties of peace and commerce, concluded with the Algerines in the years 1662,1664,1672,1682,1686, and 1691, are all comprehended in this treaty. Article I. XT is agreed and concluded, that from this day, and for ever forward, 'peace be renewed and confirmed, and inviolably kept, between the most serene king of Great Britain, and the most illustrious lords, the Bashaw, Aga, and J*J^"j "'^^ governors of the city and kingdom of Algiers, and between confirmed. all the dominions and subjefts of either side; and that the ships and other vessels, and the subjefts and people of both sides, shall not henceforth do to each other any harm, offence, or injury either in word or deed, but shall treat one another with all possible resped and friendship. Art: II. >iH i T<' I ' i III ^ I ; 'I t< ■: III I'i i:).l t 320 1698. T.ALGIEKS. Biitiib suh- jefts.to trade freely at Al- giers, paying the usual customs. No duty to 'je paid at Algiers, for po\vder,iron, timber, &c. ALGIERS. Art: II. That any of the ships or other vessels, belonging to the said king of Great Britain, or to any of his majesty's subje6ls, may safely come to the port of Algiers, or to any other port or place of that kingdom, there freely to buy and sell, paying the usual customs for such goods as they sell ; and the goods, which they sell not, they shall freely carry on board, without paying any duties for the same ; and that they shall freely depart from thence whenever they please, without any stop or hinderance whatever. As to contraband merchandizes, as powder, iron, brimstone, plank, and all sorts of timber fit for building ships, ropes, pitch, tar, fusees, and other habiliments of war, his said majesty's subjects shall pay no duty for the same to those of Algiers. Art: III. That all ships and other vessels, as well those Free passage belonging to the king of Great Britain, or to any of his nierce,foraii majcsty's subje6ls, as those belonging to the kingdom or nation! °^ pcoplc of Algiers, shall freely pass the seas, ;»nd traffick without any search, hinderance or molestation from each other; and that all persons or passengers, of what country Passengers, socvcr, and all moncys, goods, merchandizes and moveables. on board the , i-ii-i. 11 ships of ei- to whatcvcr people or nation belongmg, bemg on board be^tree"^''° any of the said ships or vessels, shall be wholly free, and shall not be stopped, taken, or plundered, nor receive any harm or damage whatever from either party. Art: IV. That the yi/^zVr ships of war, or other vessels, ^c!th^i5es°to meeting with any merchant ships or vessels of his said passfreeiy,if majcsty's subjcfts, not being in the seas appertaining to his passes, and majcsty's dominions, may send on board one single boat ^ith two sitters only, besides the ordinary crew of rowers ; and ALGIERS. 321 and that no more shall enter any such merchant-ship or Jg^sT vessel, without express leave from the commander thereof, t. Algiers. but the two sitters alone ; and that, upon producing a pass under the hand and seal of his majesty, or whomsoever he shall appoint to be lord Iiigh admiral, or to execute the office of lord high admiral for England and Ireland, or of the lord high admiral of Scotland, for the said kingdoms re'^petlively, the said boat shall presently depart, and tlie merchant-ship or vessel shall proceed freely on her voyage : and any of the ships of war, or other vessels of his said majesty, meeting with ships or other vessels of Algiers, if the commander of any such Algier ship or vessel shall pro- duce a pass, firmed by the chief governors of Algiers, and a certificate from the English consul residing there, the said Algier ship or vessel shall freely proceed on her voyage. i ;i Art: V. That no commander, or other person, of any ship or vessel of Algiers shall take, out of any ship or vessel to'^foixe'any of his said majesty's subjects, any person or persons what- l^^^E^Zf ever, to carry them any where to be examined, or upon any '''^'P' °' "«« ' 1 11 1 -1 torture, on other pretence; nor shall they use any torture or violence, anypretmcB to any person of what nation or quality soever, being on board any ship or vessel of his majesty's subjefts, upon any pretence whatever. Art: VI. That no shipwreck, belonging to the said king of Great Britain, or to any of his majesty's subjefts, upon _ , 11- Ai ■ 1111 1 Subjcfts of any part of the coast belongmg to Algiers, shall be maae or ct, Britain, become prize; and that neitb he goods thereof shaU be ^^''ca.e'o?''' seized, nor the men made slaves; but that all the subjects of shipwreck. Algiers shall do their best endeavours, to save the said men and their goods. Tt Art: YIV. r- i :.:■ :^- 111 !■ 322 1698. T.ALGIEKS. ALGIERS. Art: VIT. That no ships, nor any other vessels o£ Algiers, shall have permission to be delivered up, or go to Sallec, or to any other place at enmity with the king of Great Britain, to be made use of as corsairs or sea-rovers, against his said majesty's subjetls. ^Wwsiiins Art: VIII. That none of the ships, or other small vessels luit to cruize of Algiers, shall remain cruizing near or in sight of any of ficnr ins mu* 1**911 11 jLsty's roads, his majcsty s roads, havens or ports, towns and places, nor ^^' any way disturb the peace and commerce of the same. English ships, men, or goods, brought into y^l^u-r.i, not to be sold there. F.n^l's/j ships of war, may sell their pri- zes 2AAlgiers^ and buy all necessaries there, with- out paying the customs. Christian captives, es- caping on board Eiig- liih ships not to be de- manded, af- ter procla- mation. Art: IX. That if any ship or vessel of Tunis, Tripoli, or Sallee, or of any other place, bring any ships, vessels, men or goods, belonging to any of his said majesty's subjefts, to Algiers, or to any other port or place in that kingdom, the governors there, shall not permit them to be sold, within the territories of Algiers. Art: X. That, if any of the ships of war of the said king of Great Britain do come to Algiers, or to any other port or place of that kingdom, with any prize, they may freely sell it, or otherwise dispose of it at their own pleasure, without being molested by any; and that his majesty's said ships of war, shall not be obliged to pay customs in any sort; and that, if they shall want provisions, viftuals, or any other things, they may freely buy them at the rates in the market. Art: XI. That when any of his said majesty's ships of war, shall appear before Algiers, upon notice thereof given by the English consul, or by the commander of the said ships, to the chief governors of Algiers, publick procla- mation shall be immediately made to secure the Christian captives ; ALGIERS. 323 captives ; and if, after that, any Christians whatever make i5q8. their escape, on board any of the said ships of war, they t.aioiers. shall not be required back again, nor shall the said consul "" or commander, or any other of his majesty's subje6ls, be obliged to pay any thing for the said Christians^ Art: XII. That henceforward, no subjecls of his majesty ^,/,„i sub. of Great Britain, shall be bought or sold, or made slaves, I);' |^,', "°ht'° in any part of the kingdom of Algiers, upon any pretence o'^ouiat whatever. Art: XVIII. That not only during the continuance of this peace and friendship, but likewise if any breach or war, hap- pen to be hereafter between the said king of Great Britain, in case of and the kingdom of Algiers, the said English consul and all 'i^^;/i//con- other his said majesty's subje6ls, inhabiting in the kingdom ]I,ar't(/i'e* of Algiers, shall always and at all times, both of peace and iHmi. ted to war, have full and absolute liberty to depart, and go to their their fami- own or any other country, upon any ship or vessel, of teas!" what nation soever they shall think fit, and to carry with them all their estates, goods, families, and servants, without any interruption or hi nde ranee. Art: XIX. That no subjeft of his said majesty, being a passenger, and coming or going with his baggage from or to any port, shall be any way molested or meddled with, although he be on board any ship or vessel in enmity with Algiers. And in like manner, no Algerine passenger, be- ing on board any ship or vessel in enmity with the said king of Great Britain, shall be any way molested, either in his person or in his goods, which he may have laden on board the said ship or vessel. Tt 2 Art: XX. Passengers, being sul>- jefts of ci- ther party, not to be molested in tlieir persons orgoods,tho' on board the ships of ene- mies. i M :-y 1 , 1 1' J 1) ' m i 324 1698. T.ALUItKS. English sliips of war, an- choring be- fore Algiers ; i:i what man- ner, salute to be made. Peace per- petual. ALGIERS. Art: XX. That at all times, when any ship of war of the king o^ Great Britain, carrying his said majesty's flag at the main-top-mast-head, shall appear before /Algiers, and come to an anchor in the road, immediately after notice thereof given by his said majesty's consul, or officer from the ship, unto the Dey and government of Mgiers, they shall in honour to his majesty, cause a salute of one and twenty cannon, to be shot oflF from the castles and forts of the city, and that the said ship shall return the salute, by firing the same number of cannon. Art: XXI. This peace shall be in full force and virtue, and continue for ever. Art: XXII. That, in case it shall happen hereafter, that any thing is done or commit^^^ed contrary to this treaty, Slo'Ilrf of whether by the subjefts of the one or the other party, the the subjeas, treaty notwithstanding shall subsist in full force, and such party, not to contravcntions shall not occasion the breach of this peace, F^S"^" '* friendship, and good correspondence ; but the party injured, shall amicably demand immediate satisfaftion for the said contraventions, before it is lawful to break the peace ; and. Offenders, to if the fault was Committed by any private subjefts of either ' party, they alone shall be punished as breakers of the peace, and disturbers of the publick quiet: and our faith, shall be our faith, and our word, our word. Form ALGIERS. 325 Fonn of the Pass, published by Authority in 1698. -€*/*/ T.ALGIER 1682. Corps Dip: Tom: VII. Part II. P. 22. Treat: 1790. Vol: II. P. 374. XERMIT the ship to pass with her company^ passengers, goods a?id vierchandizes, without any lett, hinder- ance, seizure or violestaiion, the said ship appearing unto me, ^"'■™of [or us,"] by good testimony, to belong to the subjeEls of our sovereign lord the king, and to no foreigners. Given under my hand [or our hands~\ and the seal of my [or our~\ office of admiral, at on the day of in the year of our lord one thousand hundred and By command of To all persons, whom these may concern. : m 1 . it: 1 i f i 'MB I Peace confirmed^ and additional Articles made wiLt.iii. 1700. between Great Britain and Algiers, August ^' a- t. ^■^ *^ ALGIERS, 17, 1700. Article I. VV E the Bey, Bashaw, and Aga, governors of the city and kinsdom o( jilgiers, do by these presents renew and Pfacere- confirm the peace, which we so happily enjoy, with the confirmed. king It: ^;i III lyoo. A. A. T. ALGIERS. 326 ALGIZRS. king of Great Britain and his subje6ls, made in the year 1682, in every part and article, more particularly that of the 8th, wherein it is expressed, that no ship or vessel, belong- ing to our government of Algiers ^ shall cruize near or in sight of any of the roads, havens or ports, towns or places, belonging to the said king of Great Britain, or any way disturb the peace and commerce of the same : and in com- pliance with the * 8th article of that treaty, we do sincerely promise and declare, that such orders, shall for the future be khig 'of Gv* given to all our commanders, that under a severe penalty, and our utmost displeasure, they shall not enter into the channel of England, nor come or cruize, in sight of any part of his majesty of Great Britain's dominions, any more for the time to come. jllgcritie ships, not to cruize in sight, of the roads or Britain. * The Sth article of the treaty of 1682, here referred to, is word for word the same, as the Sth article, of the preced- ing treaty of 1698. ^ Art: II. After the last day of September, 1701, if any board a Bri- ship of England is seized, not having a pass, the goods, in iiavingapas's, that ship shall be prize, but the master, men and ship shall to be prize. |^g rcstorcd, and the freight immediately paid to the said master, to the utmost value, which he should have had, if he had gone safe to the port, whither uc was bound. ^fficSo at'. Art: III. We do hereby promise, that at all times, when- tend at the evcr any of the ships of war of the kinj? of Great Britain^ Mole, on the i • i i i n i • arrival of any comc to this placc, Order shall be given to an officer of the ou'ar.'^'^ government immediately, who shall attend at the Mole all ■ ' ■ . . L w :•'• the '! ' i ALGIERS. the day time, during their stay here, to prevent any dis- orders for the future, that no misunderstanding may happen between us : and, if any disorder should happen, the officer of the Mc , shall secure the person or persons, and they shall be punished with the utmost severity. 327 1700. A. A. T. ALGIERS. C/iV September 4, 1702, a treaty of one article, was made be- tween Great Britain and Algiers, by which it was agreed, that, " all former treaties should be renewed, and inviolably •' maintained, as in the time of former reigns." Anne. 1702. Articles of Peace and Commerce between Great ^n^^- Britain and Algiers, concluded at Algiers, '^•^''^'^^'- Odiober 28, 1703. Pap: Off: U. 23. 24. Treat: 1790. Vol; II. P. 376. Article I. It is agreed and concluded, that from this day and for ever forward, the peace made in the year 1682, and since confirmed in the year 1686, with the additional articles ,^g"gj^*|f,j agreed to in the year 1700, be renewed and confirmed; and, confiimeii. with the farther addition of the articles agreed to in this treaty with George Byng, Esq; rear admiral of the red squa- dron of her majesty's fleet, be kept inviolably between the queen ,.1 ! \ I '. ,l5f 328 1703- ALGIERS, queen of Great Britain^ and the Dey, Bashaw, Aga, and go- T.ALGiERs. vernors of the city and kingdom of Algiers, and between ~ all the dominions and subjects of either side. Prizes, and ships, fitted out in her majesty's jilmerican plantations, not to be stopped, for want of a pass, if they have proper eertincates. Art: III. All prizes taken b^^ any of her majesty oi Great Britain's subjefts, and all ships and vessels built and fitted out in any of her majesty's plantations in America, and which have not been in England, shall not be molested in case of no pass; but a certificate in writing, under the hand of the commanding officer, who shall so take prizes, and a certificate under the hands of the governor or chief, of any of her majesty's plantations in America, or where any ship shall be built or fitted, shall be a sufficient pass: and our faith, shall be our faith, and our word, our word. Subsequent to this treaty, and prior to that of 1716, there are four treaties, each consisting but of one article, made with the Algerines, in the years 1^05, 1706-7, 1709-10, and 1710, which do not contain any thing more, than confirmations of peace; and were only occasioned, by the change or death of the Deys. *■ • r tr. • I , Articles ALGIERS. .329 Articles of Peace and Commerce, betweefi Great George i. 1716. Britain and Algiers, concluded at Algiers, ^j^ O6iober29, 1716. .ALGIERS. Li,! I, Pap: Off: U. 29. Treat: 1790. Vol: II. P. 376. Former trea- ties of peace. Article I. xT is agreed and concluded, that from this day, and for ever forward, the peace made by Arthur Herbert, Esq; [in 1682] then admiral of his majesty's fleet, and Sir Williav?- Soames, Bart, ambassador to the Grand Signior, in the year 1686, with the additional articles agreed to with captain Munden and consul CoUt in the year 1700, and confirmed. likewise the farther additional articles agreed to with George Byng, Esq; then rear admiral of the red squadron of her majesty's fleet, in the year 1703, be renewed and confirmed; and, together with the additional articles agreed to in this treaty with captain Norbury, captain Eaton, and Thomas Thompson, Esq; his majesty's consul at Algiers, be kept in- violably between the king of Great Britain, and the Dey £°donc7on and governor oi Mgiers in the west, the Aga, Kahya, and either side, the rest of the Divan, and between all the dominions and ture. subjects of either side ; and that the ships and other vessels, and the subje6ls and people of either side, shall not hence- forth do to each other any harm, offence, or injury, either in word or deed, but shall treat one another with all pos- sible respe6l and friendship. ^ ia!:-f- im- h' ) ^ \ ; I 11 ■ 4 : J Uu Art: II. f i 330 1716. T.ALGIERS. Mi/ioicn, and Gihrtrltar, to be deemed part of the Bii/iJj do- minions— and the in- hnbitants, to be permitted to trade free- ly, in the do- minions of Algiers. Ships oi Al- giers, not to cruize with- in sight, of Minorca, or Gibraltar. ALGIERS. Art: II. That, from this time forward for ever, the island of Minorca, and city of Gibraltar, shall be esteem- ed in every respe61; by the government and people of Algiers, to be part of his Britannick majesty's dominions ; and the inhabitants thereof shall be looked upon as his ma- jesty's natural subjefts, in the same manner, as if they had been born in any other part of Great Britain; and they, with their ships and vessels, wearing British colours, and being furnished with proper passes, shall be permitted freely to trade and traffick in any part of the dominions of Algiers, and shall pass without any molestation whatever; and shall have the same liberties and privileges, which are stipulated in this, and have been made in all other treaties, on the behalf of the British nation and subjefts; and therefore none of the cruizers o^ Algiers, shall at any time cruize with- in sight of the ports of the said island of Minorca, and city of Gibraltar* Art: III. That, if an English ship shall receive on board, any passengers and goods belonging to the kingdom of Algiers, the English shall defend them and their goods, so ^nT^oods^of ^^^ ^^ \\^ih. in their power, and not deliver them to their Aigitn, on ti.cmies. And the better to prevent any unjust demands, £«^/»/&ship, being made upon the crown of Great Britain, and to avoid Jeered upr disputcs and differences, which may arise, all goods and their ene- merchandizes, which shall from henceforward be shipped, by the subjects of Algiers, on board the ships or vessels of Great Britain upon freight, shall be first registred in the ofRce of Cancellaria, before the British consul residing in the port, where they are so shipped; and the quantity, quality, and value thereof shall be expressed ; and the consul is to manifest the same in the clearance, given to the to inies ALGIERS. 331 the ship or vessel, before she shall depart ; to the end that, j.^g^ if any cause of complaint should happen hereafter, there t.alciers. may be no greater claim made on the English nation, than what, by this method, may be proved just and equitable. Art: IV. That, if any of the Algerine cruizers, shall ^^V/V^ ships, meet with any British ships provided with scollop passes ^*^'^|j PJ^J^ of either ships or sattees, which shall fit with those de- molested. livered to them by the British consul, they shall pass free and unmolested. In the years 1718 and 1723-4, two other treaties were made with Algiers: but as they do not contain any thing more than general confirmations of peace, it was not thought necessary to insert thevu :'!. I I'- i \.. \\-:\ 1 ]■■. 1 1 1 ' i i i ,■ ' 1 iV''\ i ! 1 ;^ I, .if '.; . |i rhf,:U 1 1: i 1 Treaty between Great Britain^ and Algiers. Geo. ii. concluded at Algiers, March 18, 1729. ^.Algiers. lertrea- 1t is agreed and concluded, that, from this day and for ever forward, the peace made by Arthur Herbert, Esq; porme [m the year 1682] then admiral of his majesty's fleet; and t'espfpeace, Sir William Soames, Bart, ambassador to the Grand Signior, in the year 1686; with the additional articles agreed to with captain Munden and consul. Cole, in the year 1700; and likewise the farther additional articles agreed to w ..1 George Uu 2 Byng, t \ ■ ■::. 332 1729. T.ALGIERS. No injury, henceforth to be done, by the sub- jecfts, on ei- ther side. ALGIERS. Byng Esq; rear admiral of the red squadron of his majesty's fleet, in the year 1703 ; together v/ith the additional articles agreed to with captain Norbury, captain Eaton,, and Thomcs Thompson, Esq-, his majesty's consul at Algiers, in 1 716, be re- newed and confirmed in this treaty with Philip Cavendish, Esq; rear admiral of the red squadron of his majesty's fleet, and be kept inviolably, between the most serene king of Great Britain, and the most illustrious lord, the Dey, Bashaw and governor of the city and kingdom of Algiers, and be- tween all the dominions and siibjefts on either side ; and that the ships and other vessels, and subje6ls and people of either side, shall not henceforth do to each other any harm, offence, or injury, either in word or deed, but shall treat one another with all possible respeft and friendship. A. A. T. ALGIERS Geo. II. Additional Article to the antient Treaties, siibsistifig between Great Britain and Algiers, agreed to at Algiers, June 3, 1751. Pap: OfF. U. 31. Treat: 1785. Vol: III. P. 29. Treat: 1790. Vol: II. P. 390. X HAT all packets or express-boats, bearing his Bri- fngS^slT.' tannick majesty's commission, which shall be met by any laM ma- f ^j^g cruizcrs of AMers, shall be treated with the same jesty's com- "» » '^ c> ' 1 n 1 o mission, to respe6l as his majesty's ships of war, and all due respect hhips^of witf! shall be paid to his majesty's commission ; and, both at meeting and parting, they shall be treated as friends. And, if ALGIERS. if any of the Algerine cruizers, commit the least fault or violence against them, the captains or raizes so offending shall on their arrival at Algiers, and proper complaint be- ing made of them, be most severely punished, without admitting ti.eir excuses. 333 A. A. T. ALGIERS. Articles of Peace and Commerce, between Great ^^oj"- i liiPt: :: i\ ■:r' :.,l'i 334 1762. T.ALTIIERS. RiH-mies ships, oil the CO. 1st ot Al' gii'rs, not within can- non-shoi; of the shore, may be cap- tured, hy B)itishsh\ps of war. Inwhatcase, Mahometan vessels, not to be mo- lested. ALGIERS. the coast of the kingdom of Algiers, either at anchor or otherwise, and not within the reach of cannon-shot of the shore, that it •:hall and may be lawful for any of his Bri- tannick majesty's ships or vessels of war, or any English privateers, or letters of marque, to take and seize as prizes, any such ships or vessels so met with or found as aforesaid; and shall also be suffered, to bring the said prizes into any port, road, or harbour of the kingdom of Algiers ; and to dispose of the whole or any part thereof, or otherwise to depart with such captures, without the least hinderance or molestation. •— , ' Art: III. And lastly, it is agreed, that if, at any time, hereafter, his Britannick majesty shall be at war with any Mahometan prince or state, and any ships or vessels, be- longing to subjcfts of such prince or state, shall be met with by any of his Britannick majesty's ships or vessels of war, or by any ships or vessels of his majesty's subjefts, within sight of any part of the coast of the kingdom of Algiers, that they shall be suffered to pas? free and un- molested. - >:V>.. TREATIES TRE A TIES WITH TRIPOLI. Treaty of Peace and Commerce, between Great ^^"- "• Britain and Tripoli, concluded at Tripoli, September 19, 1751. T. TRIPOLI. ,; ,; , . , Pap: Offi U. 32. 1 Treat: 1790. Vol: II. P. 422. . ' - ■ ! ; The treaties of Peace and Commerce^ between Great Britain and Tripoli, concluded in the years 1662, 1676, 1686-7, and 1716, ^: e comprehended in this treaty. ■ ' . J"-....',' 7 , Article I. ■.•' ,■ .' J. N the first place it is agreed and concluded, that from this time forward, for ever, there shall be a true and in- violable peace, between the most serene king of Great peace Britain, and tne most illustrious lords and governors of the city and kingdom of Tripoli m Barbary ; and betwcsju A\ the dominions and subjeds of either side; and, if J" • :ips and subjects of either party, shall happen to meet upon the seas Perpetual lij i-^'l* I i, :>i,:. 33^ T. TRIPOLf. Ships of ci- ther party, to tralhck where they pltase— and all per- sons, and f;ooils, on )o.ird such ships, to be free. All ships, on both si lies, to pass freel)-, }\ they pro- diice proper passes, or, if th'j inajor part of the crew, con- sist of the siinjeds, of Cf.Britainor Tripoli. TRIPOLI. seas or elsewhere, they shall not molest each other, but shall shew all possible rcspe6l and friendship. Art: III. That ai. ips and other vessels, as well those belonging to the king of Great Britain, or to any of his majesty's subjefts, as those belonging to the kingdom or people of Tripoli, shall freely pass the sea, and traffick where they please, without any search, hinderance or mo- lestation from each other; and that all persons or passengers, of what country soever, and all moneys, goods, merchan- dizes and moveables, to whatsoever people or nation be- longing, being on board of any the said ships or vessels, shall be wholly free, and shall not be stopped, taken or plundered, or receive any harm or damage whatsoever from either party. Art: IV. That the Tripoli ships of war, or any other vessels thereunto belonging, meeting with any merchant- ships or other vessels, of the king of Great Britain's sub- je61s (not being in any of the seas appertaining to any of his majesty's dominions) may send on board one single boat with two sitters, besides the ordinary crew of rowers, and no more, but the two sitters, shall enter any of the said merchant-ships, or any other vessels, without the express leave of the commander of every such ship or vessel ; and then, upon producing to them a pass, under the hand and seal of the lord high admiral of England, the said boat shall presently depart, and the merchant-ship or ships, vessel or vessels, shall proceed freely on her or their voyage: and although, the commander or commanders of the said merchant-ship or ships, vessel or vessels, produce no pass from the lord high admiral of England, yet, if the major part ,-.i.. TRIPOLI. . part of the ship's or vessel's company are subjefls to the said king of Great Britain, the said boat shall presently depart, and the merchant-ship or ships, vessel or vessels, shall pro- ceed freely on her or their voyage : and any of the said ships of war, or other vessels of his said majesty, meeting with any ship or ships, vessel or vessels, belonging to Tri- poli, if the commander or commanders of any such ship or ships, vessel or vessels, shall produce a pass, signed by the chief governors of Tripoli, and a certificate from the Eng- lish consul living there ; or if they have no such pass or certificate, yet if the major part of their ship's company or companies are Turks, Moors, or slaves belonging to Tripoli, then the said Tripoli ship or ships, vessel or vessels, shall proceed freely. Art: V. That no commander or other person of any ship or vessel of Tripoli, shall take out of any ship or vessel of his said majesty's subje6ls, any person or persons what- ever, to carry them any where to be examined, or upon any other pretence; nor shall use an v torture or violence unto any person of what nation or qi ality soever, being on board any ship or vessel of his majesty's subjects, upon any pretence whatever. -,■ 337 1751- T. TRIPOLI. No person, on .my pre- tence, to be forced out of an English ship, or tor- tured, by the subjci^s of Tripoli. Art: VI. That no shipwreck belonging to the said king ships wreck- of Great Britain, or to any of his majesty's subje6ls, upon co.ist"oV7-r/- any part of the coasts belonging to Tripoli, shall be made ^^''""'J"^^" or become priz€ ; and that neither the goods thereof shall nor pfun- be seized, nor the men made slaves, but that all the sub- bi; assisted. je6ls of Tripoli, shal do their best endeavours to save the said men and their £,oods. Xx Art: V\l. i^^ I :!1 ■I ! % 338 T. TRIPOLI. Briliih ships, men, orgoodsjtak- eiioy an ene- my, not to be sold at Tripoli. In case of war, the English con- sul and sub- jefls, to be permitted to remove,with their fami- lies and ef- feas. Subjeas of cither party, on board the ship of an enemy, to be free. TRIPOLI. Art: VII. That no ships, or any other vessels of Tripoli, shall have permission to be delivered up, or to go to any- other place in enmity with the said king of Great Britain, to be made use of as corsairs at sea, against his said majesty's subje61s. Art: VIII. That if any ship or vessel of Tunis, Algiers, Tetuan, or Sallee, or any other place, being at war with the said king of Great Britain, bring any ships or vessels, men or goods, belonging to his said majesty's subje6ls, to Tripoli, or to any port or place in that kingdom, the governors there shall not permit them to be sold within the territories of Tripoli, like as it is agreed at Algiers. Art: XIV. That not only during the continuance of this peace and friendship, but likewise if any breach or war, hap- pen to be hereafter between the said king of Great Britain, and the city and kingdom of Tripoli, the said consul and all other his majesty's subjecls, inhabiting in the kingdom of Tripoli, shall always and at all times, both of peace and war, have full and absolute liberty to depart, and go to their own country or any other, upon any ship or vessel, of what nation soever they shall think fit, and to carry with them all their estates, goods, families, and servants, although born in the country, without any interruption or hinderance. 4 Art: XV. That nosubjed of his said majesty, being a passenger from or to any port, shall be any way molested or meddled with, either in person or property, although on board any ship or vessel in enmity with Tripoli; and the same is to be regarded in favour of the.subjeds of Tripoli* • * Art: XVI. T. TRIPOLI. Christian TRIPOLI. 3;j9 Art: XVI. That when any of his majesty's ships of war shall appear before Tripoli, upon notice thereof given by tlie English consul, or by the commander of the said ships, to the chief governors of Tripoli, publick procla mation shall be immediately made to secure the Christian Japt,y^.g^ ^.j. captives ; and if, after that, any Christians whatever make ^'P'y.y?. their escape on board any of the said ships of war, they orwar^afte? shall not be required back again, nor shall the said consul SS°norto'be or commander, or any other his majesty's subjefts, be 'icmanded. obliged to pay any thing for the said Christians. Art: XVIII. That at all times, when any ship of war of the king of Great Britain, carrying his said majesty's flag, appears before the said city of Tripoli, and comes to inwhatman. an anchor in ilie road, immediately after notice given S 77v)ti;"o thereof by his said majesty's consul, or officer from the ^aiute a Bn. t • 1 r^ 1 r rr • I- i 111- ''''■> sh\p oF ship, unto the Dey and government of Triyoli, they shall, m waijandthe honour to his majesty, cause a salute of twenty seven rtSed? " cannon, to be fired from the castle and forts of the city ; and that the said ship shall return an answer, by firing the same number of cannon. i ' '1 m it' i i ■' I' Art: XXI. That, whereas the island of Minorca in the Mediterranean sea, and the city of Gibraltar in Spain, do now belong to his majesty the king of Great Britain, it is therefore hereby agreed, that from this time forward, for ever, the said island of Minorca, and city of Gibraltar, shall be esteemed in every respedl by the bashaw and go- vernment of Tripoli, to be part of his Britannick majesty's own dominions; and the inhabitants thereof shall be looked upon as his majesty's natural subjefts, in the same manner as if they had been born in any part of Great Britain; and Xx 2 they, Inhabitants Qi Minorca, & Gibraltar, to be regard- ed as British subjefls, and to enjoy all privileges, as such. h f 1^1 i'i 340 T. TRiPOil. TRIPOLI. they, with their ships and vessels wearing British co- lours, and being furnished with Mediterranean passes, shall be permitted freely to trade and tralhck in any part of the kingdom of Tripoli^ or dominions thereunto belong- ing, and shall pass without any molestation whatever, either on the seas or else\vhere, in the same manner, and ^!)i^notfo' ^^'■^ ^^^ same freedom and privileges, as have been stipu- cniizebefore lated in this and all former treaties, on behalf of the British Gibraltar, nation and subjefts ; and that none of the ships or vessels, belonging to Tripoli^ shall cruize or look for prizes before or in sight of the ports of the island of Minorca, and the city of Gibraltar, to disturb or molest the trade thereof in any manner whatever. Art: XXII. That, if any of the ships of war of the said king B uish shi s °^ Great Britain do come to Tripoli, or to any other port of war, may or placc of that kinjsrdom, with any prize, they may freely sclltheirpri. ,f . , • j- r -J \ i • i zesatr>7>//, sell It, or otherwise dispose or it at their own pleasure, Jltnsthere without being molested by any; and that his majesty's said free of cus- ships of War, shall not be obliged to pay customs in any sort; and that, if they shall want provisions, victuals, or any other things, they may freely buy them at the rates in the market. Art: XXIV. That his ^nY^nwzc/^ majesty's subje6ls, over jefts to enl and abovc the stipulations contained in this and all former Seb^'*grant- treaties, shall enjoy all the privileges and advantages, which edto the now are, or which hereafter may be granted, to any of the most favour- , . r> r i r i • ed nation, subjccts ot the most lavourcd nation. Art: XXV. That in case any of his said majesty's subjects shall import into the said kingdom of Tripoli^ or into any of TRIPOLI. 341 1751- T. TRIPOLI. isions, ipoli. of the ports and dominions thereunto belonging, any war- like stores, as cannon, muskets, pistols, cannon-powder, or fine powder, brimstone, bullets, iron, planks, and all sorts of timber fit for building ships; pitch, tar, resin, ropes, (^'"'"7o|', cables, masts, blocks, anchors, sails, and all other habili- theimporta ments of war, as well by sea as by land; as also provisions* like stores viz. wheat, barley, beans, oats, or the like, they shall not "X^^J pay any sort of duty or custom whatever. Art: XXVI. That new Mediterranean passes shall be issued out and given to his said majesty's trading subje6i.s> with all convenient speed, and that the time for the con- tinuance of the old passes for the ships in the Indies, and remote parts, shall be three years ; and, for all other ships and vessels, one year ; to commence from the delivery of the counter-tops of the new passes at Algiers; of which his majesty's consul here shall gi\'e the earliest notice to the bashaw and government; and it is hereby expressly agreed and declared, that the said new passes shall, duriag- the above-mentioned spaces of time of three years and one year, be of full and sufficient force and effeft to prote6l all ships and vessels of his said majesty's subje6ls, who shall be pro- vided with the same. Rules con ccniing passes. Art: XXVII. That no merchant-ship belonging to Great no ship, Britain, or any other nation, under the proteftion of the ""''.'^'P"'- ,,. . rT«-j-iiii 1 tcctioa of British consul, being m the portot Tripoli, shall be detained the Bniuh from proceeding to sea on her voyage, longer than eight Sincct' '^ days, under the pretence of arming out the ships of war of J.'i'l'ft^a.lJs" the government, or any other whatever. '■ I ft ri Art: XXVIII. 342 T. TRIPOLI. TRIPOLI. ~ Art: XXVIII. That, if at any time the garrisons of Gibraltar or Port-Mahon should be in want of provision, _ and should send for the same to Tripoli^ or any part of the dominions thereof, they shall, if it is to be had, be supplied with it at the market-price. Packets, ha- ving com- missionsfrom his Britan- n'nk majesty, to be treated with the same rcspe(5V, as ships of war. Art: XXIX. That all packets, bearing his Britannick majesty's commission, which shall be met by any of the cruizers of Tripoli, shall be treated with the same resped as his majesty's ships of war, and all due respeft shall be paid to his majesty's commission ; and both at meeting and parting they shall be treated as friends ; and, if any of the Tripoli cruizers commit the least fault or violence against them, the captains or raizes, so offending, shall on their arrival at Tripoli, and on proper complaint being made of them, be most severely punished, without admitting their excuses. Art: XXX. That all and every the articles in this treaty. Articles of shall be inviolably kept and observed between his most sacred majesty of Great Britain, and the most illustrious the bashaw, lords, and governors of the city and kingdom of Tripoli, and between the dominions and subjefts of either side : and our faith, shall be our faith, and our word, our word. this treaty, to be invio- lably observ .;d. Articles \.^ TRIPOLI. .*^^l^^ . U».:^'«»W/f -J irtu.-a^c-^^^rt = 343 Articles of Peace and Commerce, between Great Geo. in. Britain and Tripoli, concluded at Tripoli, Tripoli. Jidy 22, 1762. 4 Treat: 1790. Vol: II. P. 421. XT is hereby agreed and concluded that from this day and for ever, the peace made by the honourable Augustus Keppei, commander in chief of his Britannick majesty's ships and vessels in and about the Mediterranean, and Robert White, Esq; his said serene majesty's agent and consul-general, to of 175 1, the bey and state of Tripoli, with the late most excellent '^^"'''=''* and illustrious lords Mahammet Bashaw Gramali, Bey, go- vernor, and captain general. Seedy Ally Bey, Seedy Hassan Kiaja, the Divan, and all the officers, soldiers, and people of the said city and kingdom of Tripoli, concluded and signed September 19, 1751, be hereby renewed, ratified, and confirmed. And that the ships and other vessels, and the subjects and people, of both sides, shall not hencefor- kindiSand ward do to each other any harm, offence, or injury, either f'^'*="'^^'^'i*' in word or deed, but shall treat one another with all possible respeft and friendship. t \ ^^1 ^..-Ii .n'!',. .') : < TREATIES -/_ O. i-i TRE A TIES WITH , TUNIS. Geo. II. 1751. T. TUNIS. Treaty of Peace and Commerce, between Great Britain and Tunis, concluded at Tunis, O&ober 19, 1751. ir. .-. „;^ - Pap: Off: U. 33. , r Treat: 1785. Vol: III. P. 22. Treat: 1790. Vol: II. P. 397. ,1 ^,ttv.»-,y .•;f, .• The several treaties of peace and commerce between Great Britain and Tunis, concluded and ratified in the years -'•»- 1662, 1674-5, 1686, and 1716, are comprehended in r*J*5 this treaty. Ur Article I. Firtnpeace, and free commerce. X H A T all former grievances and losses, and other pre- tences between both parties, shall be void and of no effect; and from henceforward there shall be a firm pe^ce for ever, and free trade and commerce, between his Britannick ma- jesty's subjeds, and the people of the kingdom of Tunis, and dominions thereunto belonging. ■ - ' Art: II. TUNIS. Art: II. That the ships of either party, shall have a free liberty to enter into any port or river belonging to the do- minions of the other, where they shall pay duty only for what they sell ; and, for the rest, may freely export it again without molestation ; and shall enjoy all other accustomed privileges: and the late exaftion, which hath been at the Goletta and the Marine, shall be reduced to the antient customs in those cases. 345 T. TUNIS, Ships of ei- ther party, to enter freely, into the ports of the other, {>aying duty or what they sell. Art. III. That there shall not be any seizure made of any of the ships of either party, either at sea or in port, ships of Tu- but they shall pass without any interruption, displaying "•she'd^Uh* their colours; and, to prevent any misunderstandings, ^catificaie, the ships of Tunis shall be furnished with certificates, B,itish cow- under the hand and seal of the British consul, of their be- ^"'" longing to Tunis; which they arc to produce on meetii ^ ,. ,,. with any English ship, on board of which they shall have with their liberty of sending two men only, peaceably to satisfy them- fo go Se?.* selves of their being English, which, as well as any passen- gers of other nations, whom they may have on board, shall go free, both they and their goods. Art: IV. That, if Tuny English ships receive on board, any goods or passengers belonging to the kingdom of Tunis, they shall be bound to defend them and their goods, so far as lieth in their power, and not deliver them to their EngiisMv^s, enemies. And the better to prevent any unjust demands, oi- goKa being made upon the crown of Great Britain, and to avoid fo^n^-'' 'jo disputes and differences, which might arise, all goods and 'T'ums^io de- merchandize, which shall from henceforward be shipped by the subjefts of Tunis, either in this port or in any other whatever, on board the ships or vessels belonging to Great y y Britain Ijif ! i ■A '{A I ' '. * i >■■ j, 'r ■I :r r 346 TUNIS. J ,r|, Britain shall be first entered, in the office of Cancellaria, T-TLNis . before the British consul residing at the respe61:ive port, expressing the quantity, quality, and value of the goods so shipped, which the said consul is to manifest in the In respea to clearance given to the said ship or vessel, before she de- tlie shipping, ° ^ ' Turns gooAs, parts; to the end that, it any cause ol complaint should Itssell"' happen hereafter, there may be no greater claim made on the British nation, than by this method shall be proved to be just and reasonable. Ships of ei- ther party being wreck- ed, the men to be free, nnd the goods re- Art: V. that, if any of the ships of either party shall, by accident of foul weather or otherwise, be cast away, upon any of the coasts belonging to the other, the persons shall be free, and the goods saved, and delivered to the proprietors thereof. ^j^ Art: VI. That the English, who do at present, or shall TiiTunii^io at any time hereafter, inhabit in the city or kingdom of t Creditors, Art: IV. It IS agreed, that creditors on either side, not to be im- ^\i^\\ meet with no lawful impediment, to the recovery peded, m re- . . ^ ' ■' covery of of the fuU value in sterling money, of all bond fide debts their debts. , ^ ^ ^ n j heretofore contracted. Firm and perpetual pence. Art: VII. There shall be a firm and perpetual peace, between his Britannick majesty and the said States, and between the subje6ls of the one, and the citizens of the other, wherefore all hostilities both by sea and land, shall from henceforth cease : all prisoners on both sides shall be set at liberty, and his Britannick majesty shall with all convenient speed, and without causing any de- stru6lion, or carrying away any negroes, or other pro- perty of the American inhabitants, withdraw all his armies, garrisons and fleets from the said Ufiited States, and from every port, place and harbour within the same; leaving STATES OF AMERICA. leaving in all fortifications the American artillery, that may be therein : and shall also order and cause all archives, records, deeds and papers, belonging to any of the said States, or their citizens, which in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and delivered, to the proper states and persons, to whom they belong. 357 1783. T. PAKIS. Art: VIII. The navigation of the river Mississippi, xavigatioii from its source to the ocean, shall for ever remain of the free and open, to the subjefts of Great Britain, and the tobetVee.' citizens of the United States, I :.iai I'i Si n!;= ,.>i: I ; ■t il! FINIS. A Ac Aci Ac. Ad Fn I Spa Sta. r I Ru. Dei 2 Atli M\ Afr —I — ( ti Afr Aix INDEX. 359 Jji tome Pages, the same Matter is mentioned more than orjcc, which is not noticed in the Index, as the repetition thereof tuill appear, on inspe£ling the Page referred ti. Abetter. Acadia, p. 36. 53. Accessary. Accomplice. Admiral. 7. vide, Pirate. 54- vide, Torture. vide. Pirate. I4< — High Admiral of England. 309. 321. jiDMIRALTr COURT. France. T. St. Germ: en Laye. 1632. p. 10. ii-T. Wcstm: 1655. p. 14. 15. T. St. Germ: en Laye. 1676-7. p. 23. T. Vers: 1783. p. 6i-T. C. Vers: 1786. p. 82. 85.86. 88. 90. Spain. T. Paris. 1763. p. 142. States General. T. C. Hague. 1667-8. p. 173. 1 75-T. London. 1674. p. 181. 184. 185. Russia. T. Petersb: 1766. p. 247. Denmarli. T. Copenh: 1670. p. 282. 284. 286. 287. 288. Adrianople. T. 1675. p. 298. Advocate. 88. Africa. 59. 160. i6c. 202. 204. —Portuguese Colonies. 218. ■ — Garrisons on the Coast belonging to the Emperor of Morocco, 315. African Company, English. 202. Aix la Chapelle. T. (with France and other Powers) 1748. p. 51. 57. 138. 140. 141. 144. Albert, Archduke of Austria 104. 225. Aleppo. 301. Algerines, not to cruize in the British Channel, nor in sight of any part of the British Dominions. 326, —nor to cruize in sight of Minorca or Gibraltar. 330. Algiers. 301. 303. 319. — T. 1698. p. 3i9'-T. 1700. p. 325. T. 1702. p. 327 -T. 1703. p. 327. T. 1716. p. 329-T. 1729. p. 331. T. 1751- P- 332-T. 1762. p. 333. Al LUNCE. France. T. A. Blois. 1572. p. 4-T. A. Greenwich. 1596. p. 5-T. A. London, 1610. p. 6-T. P. Susa. 1629. p. 7. Spain. T. A. Madri-'. 1721. p. 136. States Gen: T. P. & A. Whitehall, 1662. p. 159-T. P. & A. Bredah. 1667, p. 161 -T. A. Hague, 1667-8. p. 169, T. A. Westm: 1677-8. p. 191. . T. A. Whitehall. 1689. p. 193-Succi & Barr: T. Utrecht, 1712-13. p. 195, T. P. & A. Vienna. 1731-2. p. 200. T. A. Hague, 1788. p. 203, P.'.'tugal. T. P. & A. Westm: 1654. p. 21 2. A a « Juftriatt :.M] ! ' 8^ Jus f nan Netherlands, T. P. ^ A. Vienna. 1730-1. P-23I. Russia. T. A. &C.West*n} 1623. p. 233. T. A. Moscow. 1742. p. 240. 241. SweJen. T. A. & C. Whitehall. i66i. p. 252-T. A. & C. Stockholm. 1664-5. p. 268 -T. A. Hague. 1700. p. ■J.6g. T. A, Stockholm. 1720. p. 270 -T. A. Stockholm. 1766. p. 270. Denmark. T. P. & A. Westm: 1654. p. 272-T. P. & A. Whitehall. 1660-1. p. 273-T. A. Si C. Westm: 1669. p. 273. T. A. & C. Copenh: 1670. p. 274. America. 26. 55. 126. 133. 160. 161. America, Northern. 26. 31. America. North West Coast. 156. America. Portuguese Col mies. 218. America, Southern. 26. 31. America, States of. 355. American Plantations. 328. American Seas. 129. American Treaty, vide', London. T. (with France) 1686. American Treaty, vide, Madrid. T. (with Spain) 1670. Anna, Empress of Russia. 237. Annapolis Royal. 36. Anne, Q. of Gr: Brit: 35. 38. 130. ^95. 292. 327. Antwerp. 232. ApoUonia. 202. Appeal. 87. 247. vide also. Revision. Appraisement. 87. vide also. Inventory. Arabic Language. 316. Archangel. 83. ■ , 246. Archives. ride, Papers. Arcot. -r ,- 97. Ardres. 3, Argent du Chief, 73, Arguin, Forf» 59. Arrest. 165. Asia. 204. Assiento Contraft. »33- Attorney. 88. Austrian Netherlands. 220. B Baden. T. 1714. p. 51. 57. 138. 141. 144. Bahar. 97. Baltick. 267. Bankrupt. 318 Bankruptcy. 76. Barbary. 335. Bardo, near Tunis. 352. Barrier Treaty, vide, Utrecht. T. (with the States General) 1712-13. p. 195. Beliize. vide, Wailis River. Bengal. 60. 97. Besieged, blocked up, or invested Places. 16. 2t. 79. 80. 259. 276. Bills of Lading. vide, Ship Papers. Blocked-up. vide. Besieged Places. Blois. T. 1572. p. 4. Bonavista, Cape. 37. 58. BOOKS and PAPERS of a Prize, nuithin tiuenty-four hours after then arrival^ to be laid before the Judge of the jidmiraltj, that the Parties interested may take Copies i and luhere there is no Judge^ the same are to be put into the hands of the Kin^s Officers, to be sent closed up and sealed to him, 10. vide also. Ship Papers. Books of Merchants produced in Court, how to be inspefled. 76. Bounties. 74. fiourdeaux. 77. Braganza, Duke of, afterwards John IV. King of Portugal. vide> John IV. Brazil. 86i Brazil. i^lS- Brazil Company, 215. Brazil Wood. 215. Bredah. T. (with France) 1667. p. 17. 3a. Bredah. T P. (with the States Gen:) 1667. jf. 161. 191. 193. ig6-T. C. 4667. p. 168. 169. 192. 193. «96. Britain. Northern Coast. 251. British Channel. Algerincs not to cruize therein, nor in sight of any part of the British Dominions. 326. British Colours. vide, Colours. British Flag. British Seas. 34. 239. Broker. vide, Colours. 267. 76. HULK — not to he broien^ nor any Goods put on shore, but unda- special circumstances. France. T. -St. Germ: en Laye. 1632. p. ii-T. Westm: 1655. p. 14-T. St. Germ: en Laye. 1676-7. p. 22-T. C. Utrecht. 1 713. p. 42-T. C. Vers: 1786. p. 81. 82. 87. States Gen: T. C. Hague. 1667-8. p. 172, 174-T. London. 1674. p. i8i. 185. Burgundy, Dukes of, no. 228. 229. Burials allowed. 70. Byng, Rear Adm: George. 327. 329. 331. CafFa. • 301. Cairo. 301. Cambray. T. 1529. p. 99. 103, 224. Campo, Le Marquis del. 155. Canada. 53* Cannon shot of the Coast. 90. 334. 353. Cannon shot — Ships of War, in visiting Merchant-Ships, to remain out of. 81. Cape Breton, Island of. 37. 53. 54* Cape Finisterre. 176- Cape of Good Hope 160. Capitation Tax. 73. Captives, Christian. 322. 323. Captors responsible in their Persons and Estates, to make Satisfadlion and Re- paration for all Damages and Interest. 84. vide also. Damages. Captures, not to be made in Port, nos within Cannon shot of the Coast. 90. vide. Cannon Shot. Ships. Prize. Carmarthen, Marquis of. 155. Cashiered. vide. Torture. Casina, St. George's Key, or Cayo Ca- sina, Island. 151. 152. 155. Catherine II. Empress of Russia. 242. Castile, Kings of. 208. 210. 214. Catholic Religion, vide, Religion, Catholic. Cavendish, Rear Admiral, Philip. 332. i:ERTlFICATE—in tespcH to the nature and property of Goods, laden in neutral Ships, France. T. St. Germ: en Laye. 1676-7. p. 22-T. C. Utrecht. 1713. p. 41. 42. Form of Certificate. 48 -T. C. Vers: 1786. p. 80. 82. 85. Spaitt. T. Madrid. 1667, p. n6. States Gen: T. C. Hague, 1667-8. p. 171. 172. 173-T. London. 1674, p. 181. Sweden. T. Whitehall. 1661. p. 259, Form of Passport, or Certificate. 260, Denmark. T. Copenh: 1670. p. 276. Form of Certificate. 280. 281. Dantzic. T. Dantzic. 1706. p. 293. Morocco. T. Fez. 1760. p. 310. Algiers. T. Algiers. 1698. p. 321 -T. 1703. p. 328-T. 1716. p. 330. Tripoli. T. Tripoli. 1751. p. 337. Tunis. T. Tunis. 1751. p. 34S» ! I Certificate of Health. Ceuta. 295. 3»S- t^i 252. 298. I. 4« 229. H3- Champagne. V ' ' i-. Chanderiiagcre. 60. 63. 65. Channel of England, vide, British Channel. Charles I. K. of Great Britain. 7. 9. 11. 108. 207. 226. Charles II. K. of Great Britain. 17. 18. 112. 125. 139. 159. 161. 168. 169. 170. 175. 177. 190. 191-. 229 .273. 274. Charles VI. K. of France. Charles IX. of France. Charles II. K. of Spain. 112. 125 Charles III. K. of Spain. 141. Charles V. Emp: K. of Spain, and Sov of t^e Netherlands. 224. Charles VI. Emp: and Sov: of the Neth: 230. 231. Charles Gustavus, K. of Sweden. 250. Charles IX. King of Sweden. 252. Charles Eman: II. Duke of Savoy. 294. Christian Captives, vide CaptivesChristian. Christian V. K. of Denmark. 274. Christina, Q^ of Sweden. 249. Circars, Northern. 97. Claimant. 87. Clearance. 330. 346. vide. Certificate. Cocket. 181. vide, Certificate. Cocoa. 1^0. Coffee. ' ■' ■ 150. Cole, Consul. 329. 331. College of Commerce in Russia. 247. COLOURS. France. ' .■ ' ^ States Gen: 162. 175, 202 Turky. 300. 301 Morocco. 313- Algiers. 33O' Tripoli. 339 Tunis. 345. 347, 349. 350 COMMERCE, FREE. France. T. P. & C. Troycs. 1420. p. I. 2, T. & P. C. Westm: 1515. p. 2-T. P. 1546. p. 3-T. C. Paris. 1606. p. 5. 6. T. P. Susa. 1629. p. 7. 8-T. C. St. Germ: en Layc. 1632. p. 9-T. P. Westm: 1655. p. 12. 13. 16-T. C. St. Germ: en Laye. 1676-7. p. 18. T. P. & C. Ryswick. 1697. p. 33. T. Nav: & C. Utrecht. 1713. p. 38. 40-T. P. Vers: 1783. p. 63. 65-T. Nav: & C. Vers: 1786 p. 66. 79. Conv: Vers: 1787. p. 97. Spain. T. P. & C. Cambray. 1529. p. 99, 102-T. P. & C. 1542-3. p. 103. T. P. & C London. 1604. p. 104. 105. T. P, & C. Madrid. 1630. p. 108. T. P. & C. Madrid. 1667. p. 112. 113. 115. 117. 118. 119. 123-T. P. Utrecht. 1713- P- »3o-T. Nav: & C. Utrecht. 1713. p. 132. 133 -T. C. Madrid. 1715- P- 134. 135-T. P. Seville. 1729. P- ^37- *38-T. Madrid. 1750. p. 139, 140-T. P. Vers. 1783. p. 147. 148, States Gen: T. P. & C. Westm: 1654. p. 158-T. P. & A. Bredah. 1667. p. 161. 162-T. Nav: & C. Bredah. 1667. p. 168-T. C. Hague. 1667-8. p. 170-MarineT. London. 1674. p. 177. Explan: Dec: Hague. 1675. p. 190. T. P. Paris. 1784. p. 202 -T. A. Hague. 1788. p. 205. Portugal. T. P. & C. London. 1641-2. " p. 207. 210-T. P. & A. Westm: 1654. p. 212. 214. 215. Austrian Neth: T. P. & C, London. 1495-6. p. 220. 221 -T. P. & C. Cambray. 1529. p. 224-T. P. & C. London. 1604. p. 225 -T. P. & C. Madrid. 1630. p. 226. 227. 228-T. P. p. & C. Madrid. 1667. p. 22g-Coi\v: London. 171 5. p> 230. Husslu. T. A. & C. Wcstm: 1623. p. 233. 235-T. C. 5c Nav: Peters: 1734. p. 237. T. P. Peters: 1766. p. 2+2. 243. Sweden. T. Wcstm: 1656. p. 250-T. A. & C.WIiitehall. 16 Ji. p. 252. 253. 257. 267-T. A. & C. Stockholm. 1664-5. p. 268 -T. A.Stockholm. 1766. p. 271. Denmark. T. A. & C. Wcstm: 1669, p. 273-T. A. & C. Copenh: 1670. p. 274. 275. 276-Coriv': Copenh: 1780. p. 290. Dantztc. T. C. Dantzic. 1706. p. 292. Savoy. T. C. Florence. 1669. p. 294. 297. Turh. T. C. Adrianople. 1675. p. 298. 299. 300. 301. Morocco. T. P. & C. Mequinez. 1727-8. p. 305 -T. P. & C. t'ez. 1 760-1. p. 307. 308-T. C. 1783. p. 318. Algiers. T. P. & C. Algiers. 1698. p. 319. 320-T. P. & C. Algiers. 1703. p. 327. T. P. & C. Algiers. 1716. p. 329. T. Algiers. 1751. p. 332-T. P. & C Algiers. 1762. p. 333. Tripoli. T. P. & C. Tripo'i. 1751. p. 335. 336-T. P. iV C. Tripali. 1762, p. 343, Tunis. T. P. & C. Tunis. 1751. p. 344. 345-T. P. & C. Tunis. 1762. p. 352. COMMERCE, PR OHIBITE D. France. T. London. 1680. p. 27. 28, Spain. T. Madrid. 1667. p. 124 -T. Mad: 1670. p. 126. 127. Commissaries, to settle Boundaries of the Possessions of Great Britain and France on the Coast of Africa. 59. —to treat on new Arrangements of Com- tnerce, between Grreat Britain and France, 60. 64, 65. —to freat on new Arrangcincnts of Com- merce, between Great Brit.iin and Spain. 147. — in respcdl to Limits of the Logwood Cutters. 150. • — twice a yerr to visit that part of the Island of Casina, occupied by the English. 151, 155, — to be named, to arrange the Navigation on the Coasts of Africa and Apollonia. 202, Commission, vide, Commission ED Ships. COMMISSIONED SHIPS. France. T. 1546. p. 4-T. St. Ger: en Laye. 1632. p. 9. lo-T. Wcstm: 1655. p. 14-T. London. 1686.. p. 31, T. C. Vers: 1786. p. 67. 68. 81. 84. 85. 8g. 90. Spain. T. Cambray. 1529. p. 102 -T. Madrid. 1667. p. 116. States Gen: T. P. Bredah. 1667. p. 163. 166-T. C. Hague. 1667-8. p. 172. 174-T. London. 1674. p. 180. 184. 185. 186^ Portugal. T. Westm: 1654. p. 216. Austrian Neth: T. Madrid. 1630. p. 227, Russia. T. Petersb: 1766 p. 244, Sweden. T. Westm: 1656. p. 25I-T. Whitehall. 1661. p. 255. 256. 258. 264. 265. Denmark. T. Copenh: 1670. p. 283, 284. 285. 287. Dantzic. T. Dantzic. 1706. p. 293. Savoy. T. Florence. 1669. p. 296. Morocco. T. Fez. 1721. p. 304-T. Fez. 1760-1. p. :,oo. 310. 315. 316. 317. Algiers. T. Algiers. 1698. p. 32o». 321, 322. .23. 324-T. Alg; 1751. p. 332. T. Aig: 1762, p. ^34. Tripoli. 8^3 •Vi 3^4 Tripoli. T. Tripoli. 1 75V. p, 336, 337. 339' 340. 342. Ttniis. T. Tunis. 1751. p. 348. 349. 350. •^SK-T. Tun: 1762. p. 354. Condemnation. Confiscation. Constantinople. viclir, Prize. vide, Prize. 301. CONSUL. France. 91. 95. Morocco. 305, 310. 311. 313, 314, Algiers. 321. 323. 324, 330. Tripoli. 337. 338. 339. Tunis. 34