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 COLLECTION 
 
 O F 
 
 TREATIES 
 
 BETWEEN 
 
 GREAT BRITAIN 
 
 AND 
 
 OTHER POWERS. 
 
 By GEORGE CHALMERS, Esq. 
 
 VOL. I. 
 
 LONDON: 
 
 PRINTED FOR JOHN STOCKDALE, Pi c c A D 1 1 L * 
 
 M Dec xc.

 
 JX 
 
 T H F 
 
 PREFACE. 
 
 IT is always happy when private amufement can "be 
 made fubfervient to general convenience. Having 
 enjoyed a pleafure in collecting the Treaties between 
 Great Britain and other nations, in adj lifting their 
 dates, and in comparing their provifions, I prefumed 
 to think that, were I to publifh the refult of my en- 
 quiries, ftatefmen, whofe duty leads them to confult 
 national conventions, might find an utility where I had 
 difcovered the gratifications of refearch and acquifi- 
 tion. 
 
 Without the correfpondence of Du Mont, the learn- 
 ing of Barbeyrac, or the zeal of Roufiet, it had been 
 eafy to print a voluminous collection of treaties. My 
 object, however, was not to make a big book, but an 
 ufeful book; a commodious felection, which might lie 
 handily on the table, and be readily infpected. With 
 this defign, I have printed, in the following flieets, 
 thofe treaties which are moft frequently perufed : I have 
 referred to thofe treaties which are often confuited. 
 
 The collections of national conventions, which were 
 publiihed at fucceflive periods, and in different coun- 
 tries, have not been always conveniently arranged, or 
 accurately printed, at the fame time that they were 
 univerlally allowed to be ufeful. They generally fol- 
 lowed, indeed, a chronological order. But, from the 
 A 2 vaft
 
 iv THE PREFACE. 
 
 vaft mafs of dilcordant matter, it was often a difficult 
 talk to collect the treaties which belonged to any par- 
 ticular nation, or to adjuft the ftipulations which re- 
 lated to any fpecified fubject. 
 
 In the following collection, I have preferred a chro- 
 nological order, while I have brought together the 
 treaties which at various, times have been formed with 
 each different nation. Without any ftrong motive of 
 choice, I began with Ruflia, in die north ; I regularly 
 proceeded to the fouth of Europe; 1 diverged after- 
 wards to Africa and Afia ; and ended finally in Ame- 
 rica. I flatter rnyfelf this arrangement will be found 
 commodious. To the treaties, which belong to 
 each particular country, and which form a didinct 
 nead, I have prefixed a chronological index of prior 
 treaties, for the. purpcfe of tracing a principle of con- 
 nexion, and fhewing where thofe preceding conven- 
 tions may be found. The ufefulnefs of this prefatory 
 index will be acknowledged by thofe, who having been 
 engaged in much fliidy, or in much bufmefs, have felt 
 the hap inefs of knowing where to lay one's hand on 
 the thing that the premire of the moment required. 
 But, the brevity which I prefcribed to myfelf, did not 
 allow me to fwell this prefatory index with the mention 
 of every agreement, either for the hire of troops, or the 
 performance of temporary flipulations. I was directed 
 by my notions of utility, either in publifhing fome 
 treaties, or in not mentioning others. The public, 
 whofe convenience I have endeavoured to promote, 
 and to whofe opinion I refpectfully fubmit, will ulti- 
 mately determine whether, in making this felection, 
 I have been directed by judgment, or by caprice. 
 
 The firft treaty which was ever publiflied in this na- 
 tion, by authority, was the treaty with Spain, in 1 664, 
 which was conducted by Sir Robert Cecil, the firft Lord 
 S-iiifbury, with fuch wonderful talents and addrefs. No 
 tr-aty was printed, without authority, during any preced- 
 iiig period. It had been extremely dangerous for pri- 
 vate
 
 THE PREFACE, r 
 
 vate perfbns, in the reign of King James, in the far- 
 mer, or in the fubiequent reign, to have publiflied 
 treaties with foreign Powers ; becauie to have done 
 this had been confidered as meddling with matters of 
 (late, and punifhed as an infringement of prerogative. 
 The treaties of Charles I. v/ere publifhsd by authority. 
 Cromwell made many treaties, becaufe he was anxious, 
 like John IV. of Portugal, to procure the recognition 
 of other Powers : but, I doubt, whether he lived to 
 publifh them. The reign of Charles II. was fruitful 
 in trea&es, which were printed by authority, often 
 fingly, and fometimes collectively. The four treaties 
 cf Breda were publifhed by the King's fpecial com- 
 mand *, in 1667. A collection, comprehending le- 
 venteen treaties, beginning with the Commercial Treaty 
 with Spain, in 1667, and ending with the Aigerine 
 treaty in 1682, was printed by direction of Lord Sun- 
 derland, the fecretary of itate, in March i68i f. Such 
 had been the fmallnefs of this imprefiion, or fuch the 
 demand for it, that this ufeful code was reprinted in 
 1686. The falutary practice of publifhing by autho- 
 rity what was fo necefTary to be known, which had 
 been begun by King James, was continued by King 
 William, and by his royal fucceffors. 
 
 It was however in King William's councils* that it 
 was firtt determined to print authoritatively the PUBLIC 
 CONVENTIONS cf Great Britain with other Powers J. 
 It was owing to that determination, that the reign of 
 Queen Anne faw the publication of RYMER'S FOEDERA* 
 
 * By the affigns of J. Bill and C. Barker, the King's printers, 
 410, 86 pages. 
 
 t By the afligns of J. Bi'l, and H. Hills, and T. Newcomb, the 
 ting's printers^ Loidim, 1685, 4_:o, 269 pages. 
 
 J: The warrant, empowering Th )mas Rym jr to fcarch th? public 
 repofuories for this great defign, was dated on the 26tii oi" Augait 
 1693. Tliis warrant was renewed on the 3d of Ivlay 1707, when 
 Robert Sanderfon was appointed his afliftant. And, on the i jth of 
 February 1717, Sanderfon was continued the fmgle conductor of 
 this laborious undertaking. 
 
 A 3
 
 vi TH PREFACE. 
 
 The firft volume, commencing with the documents of 
 the year 1201, was publiihed in 1704; the twentieth 
 volume, ending with the papers of 1654, was given to 
 the world in 1735. 
 
 As hiftoriographer thefe were not the only labours of 
 Rymer: he left an unpublifhed collection, relating to 
 the government and hiftory of England, from the year 
 1115 to 1698, in fifty-eight volumes*, which the 
 prudence of the houie of peers directed to be placed 
 in The Britijh Uujeum, with the Cottonian manuicripts. 
 Of men who have done great public fervic'es, we natu- 
 rally wifn to know fomething of the origin and the 
 end. Thomas Rymer was born in the north of Eng- 
 land ; was educated at Cambridge ; and, intending to 
 make the law his profeflion, he entered himfelf a flu- 
 dent of Gray's Inn. He firft appeared as a poet and 
 a critic in 1678 j when he publifhed Edgar, an heroic 
 tragedy, which had fcarcely preferved his namej and 
 Reflections on Shakejpcarc, in 1 693, which have drawn on 
 him Warburton's indignation. On the deceafe of Shad- 
 well, the great Mac Flecnoe of Dry-den, in 1691, who, at 
 once, celebrated King William's birth, as Laureat y and re- 
 corded King William's actions, as hiftoriographer, the 
 laurel was placed on the brow of Tate, and the pen of 
 hiftorian was delivered into the hand of Rymer. While 
 collecting THE FOEDERA, he alfo employed himfelf, 
 like a royal hiftoriographer, in detecting fi\zfaljbood and 
 afcertaining the truth of hiftory j\ He lived to publilh 
 
 fifteen 
 
 * There is a lift of this great collection in the feventeenth volume 
 of the FaeJera: and fee Ayicough's Catalogue of the Mufeum MSS. 
 vol. i. N 4573 4630. 
 
 t He publifted, in 1702, his firft letter to Bifhop Nicholfon: 
 "Wherein, as he fays, King Robert 111. of Scotland is, beyond all 
 difpute, freed from the imputation of ballardy." He foon after 
 publifhed his fecond letter to Bilhop Nicholfon; containing an 
 hiilorical dedudion of the alliances between France and Scotland : 
 Whel ' eb 7 the pretended old league with Charlemagne is difprov- 
 ed, and the true old league is afcertained." After his deceafr, there 
 W* pubhlhed, in 1714, a fmall trcatifc < Of the Antiquity. Power, 
 
 and
 
 THE PREFACE. vU 
 
 fifteen folio volumes of the public conventions*, and 
 from his collections Sanderfon publiflied the fixteenth 
 volume in 1715. Rymer finished his ufeful career in 
 December, 1713, and was buried in the church of St. 
 Clement's Danes. Yet, after all his labours, he is 
 ofteneft remembered for his critical ftrictures on 
 Shakefpeare : for, iuch has been the fingular fortune 
 of this illuftrious poet, that whoever has connected 
 himielf with his name, either as commentator, pane- 
 gyrift, or detractor, has been raifed up by the ftrength 
 of his pinions, and will be carried through the ex- 
 panfe of time by the continuance of his flight. 
 
 Robert Sanderfon, who had thus been Rymer's co- 
 adjutor, continued the Fcedera after his death. The 
 feventeenth volume, which is the mod ufeful of the 
 whole, becaufe it contains an INDEX of the perfons, of 
 the things, and of the places, that this and the fixteen 
 preceding volumes comprehend, he publiflied in the 
 year 1717. The eighteenth volume, which was re- 
 publifhed with the Caftrations, he .publifhed in 1726; 
 the nineteenth in 1732, and the twentieth in 1735. 
 Sanderfon, who was ufher of the court of Chancery, 
 clerk of the chapel of the Rolls, and fellow of the 
 Antiquary Society, died on the 2fth of December, 
 1741. 
 
 A new edition of the firft feventeen volumes was 
 publifhed in 1727, by George Holmes, with colla- 
 tions and amendments. Holmes was born at Skip- 
 ton, in Yorklhire; he became clerk to Petyt, the 
 keeper of the records in the 'Tower, about the year 
 1695; he continued almoft fixty years the deputy- 
 
 and Decay of Parliaments." And in the fame year, " Some 
 Tranflations from Greek, Latin, and Itadan Poets, with other 
 Verfes and Songs, never before printed. By Thomas Rymer, 
 late Hiftoriogrnpher-royal." Thefe tranflations, verfes, and fongs, 
 not being fuiricient to make a volume in izmo. were publifhed 
 with Curious Amuftmtntf, by a Gentleman of Pembroke -hall in 
 Cambridge. 
 
 A 4 keeper?
 
 Vtf THE PREFACE. 
 
 keeper; and, on account of his knowledge and his 
 jnduftry, he was, by the recommendation of lord 
 Hallifax, who was then chairman of a committee of 
 the Houfe of Lords, appointed to methodize the re- 
 cords, on the death ot Petyt, with a falary of . 200 
 a year. This he enjoyed till his deceafe, in 1748, at 
 the age of eighty-leven. Such were the able and in- 
 duftrious men to whom we owe the Fcedera, a work 
 which is at once infinitely ufcful, and highly honoura- 
 ble to the Britifh nation. 
 
 The bookfellers at the Hague publifhed a third 
 edition of the Fccdera in 1739, having contracted the 
 twenty volumes into ten. In this edition the docu- 
 ments are tranflated into French, and printed in the 
 oppofite column j and feme other papers of Icfs ufe- 
 fulnefs are added. \Vith De Bure, I am inclined to 
 confider this edition as the btft ; becaufe, with equal 
 accuracy, it contains more matter in lefs fpace. Thus 
 much with regard to thofe collections of treaties, 
 which were publifhed by authority. 
 
 The reign of Queen Anne fiift faw a collection of 
 treaties, which was publifhed by private individuals, 
 without authority. Two volumes appeared in 1710, 
 which began with treaties of very early date, but c,f 
 no validity, and comprehended documents rather hif- 
 torical than diplomatic. A third volume was added, 
 in 1713, without greater regard to fclection, arrange- 
 ment, or precifion. And when thefe treaties were 
 republiihed by the London bookfellers, in 1732, a 
 fourth volume was added, containing fuch additional 
 documents as recent events had produced. In 1772, 
 two fmall volumes of treaties were publifhed, begin- 
 ning with the grand alliance, of 1689, and ending with 
 the declarations of 177 1, which concluded our difpure 
 with regard to Falkland Iflands. A fupplemcntal vo- 
 lume was added in 1781, comprehending public 
 papers, from 1495 to 1734, ibme of greater and fome 
 of lefs value. Thefe treaties were republiflied in
 
 THE PREFACE. k 
 
 1785, arranged in chronological order, and expanded 
 with additional matter; yet, comprehending fome- 
 thing that is ufelefs amongft much that is good. 
 During that active period, from the Revolution, in 
 1688, to recent times, our feveral treaties were fingly 
 publifhed, as they were made, with commentaries, 
 which fometimes explained, but oftener obfcured thepi, 
 though the pens of our profoundeft fcholars were em- 
 ployed, with bilhop Hare at their head. 
 
 How early foreign nations began to publifh their 
 treaties, I am unable to tell. 'The articles of the twelve 
 years truce y between Spain and the United Nether- 
 lands*, which were concluded in April, 16.09, were 
 immediately printed by authority. The momentous 
 treaties of the fubfequent age were fucceflively pub- 
 lifhed, as they were produced by various events. But 
 the firfl collection of public conventions, which com- 
 prehended the interefts of the European nations, was 
 publifhed at Hanover, in 1693, by the illuftrious Leib- 
 nitz, in two folio volumes, under the title of Codex 
 juris gentium diplomaticus. Leibnitz, who was born at 
 Leipfic, in i646,raifed himfelf by his genius and his 
 labours to eminence among the high, and died in 
 1716, at the age of feventy. 
 
 During a bufy age of frequent negotiation, the pub 
 lie curiofity demanded frefh gratification. In 1700, 
 four folio volumes of National Agreements were pub- 
 lifhed, under the infpection of James Bernard, who 
 was born in Dauphine; and, retiring into Switzerland 
 and Holland, after the revocation of the edict of 
 Nantz, became profeflbr of philofophy at Leyden, and 
 died in 1718. Thus, in the ardour of the public, and 
 the interefts of the bookfellers, was laid the foundation 
 of the CORPS UNIVERSEL DIPLOMATIQUE DV DROIT 
 
 * That famous truce was printed at BrufTels, by Rutger Velpius, 
 the printer to the court, in 1609, quarto. I have this traft in 
 roy colleftiqn. 
 
 I PES
 
 x THE PREFACE. 
 
 DES GENS The labours of Bernard were expanded 
 and improved by the cares of Du P 
 collection appeared in 1726 Du MOht was alfo a 
 French refugee, who, after fervmg in the armies of 
 France, retired to Holland, and became hiftoriogra- 
 pher to the Emperor: after various publications, he 
 died in 1 7 26, having acquired the rank of Baron. 
 bookfellers at Amfterdam, willing to gratify the pul 
 lie tafte, and to promote their own gams, found other 
 workmen, when they determined to fumiih a SUPPLE- 
 MENT to the CORPS DIPLOMATIQUE. The celebrated 
 Barbeyrac gave them, in 1739, a large volume, com- 
 prehending the ancient Treaties, from the Amphictyomc 
 times to the age of Charlemagne, which he had ex- 
 tracted from the authors of Greece and Rome, and from 
 the monuments of antiquity. This is a work of vaft 
 and curious erudition. The performances of Ber- 
 nard and Du Mont were only die labours of the hand : 
 the volume of Barbeyrac was the elaborate produc- 
 tion of the head. John Barbeyrac, who muft not be 
 confounded with his uncle Charles Barbeyrac, was 
 born at Beziers, became profeifor of law firft at Lau- 
 fanne, and afterwards at Groningen, and finifhed his 
 uferul courfe, in 1747. The bookfellers had fkilfully 
 refolved to divide their intended publication into three ^ 
 parts : the firft was the hiftorical and chronological 
 collection of Barbeyrac, which has been already men- 
 tioned, and which was defigned as an introduction to 
 the diplomatic code ; the fecond was properly the Sup- 
 plement, being an extenfion and continuance of the vo- 
 luminous works of Bernard and Du Mont ; and the 
 third part was to confift of the ceremonial of the courts 
 of 'Europe. The performance of the two laft parts was 
 given to ROUSSET, the hiftoriographer of the Prince of 
 Orange, whofe diligence and whofe knowledge quali- 
 fied him eminently for a tafk thus arduous and deli- 
 cate. 
 
 A complete collection of General Treaties muft 
 confift of the following books : ift. Leibnitz's Codex, 
 
 in
 
 THE PREFACE. xi 
 
 in 1693; sdly, The Corps Diplomatique, with its 
 Supplement, in i739> confifting of twenty volumes in 
 folio, to which is annexed a copious index of matters ; 
 jdiy, St. Prieft's Hiftoire de Traites de Paix du xvti 
 Sitcle, deputs la Paix de Vervins jufcpi' a celle de Nimegue, 
 1725, 2 vol. in folio; and 4thly, of the Negotiations 
 Secretes, touching la Paix dt Munfter et d'Ofnabrug, 
 1725, 4 vol. in folio. Thcfe ample collections begin 
 with the eftablifhment of the AMPHICTYONS, 1496 
 years before the birth of Chrift, being the moil ancient 
 treaty which is to be met. with in the records of time; 
 and end widi the pacification of the troubles of Ge- 
 neva, in May 1738. Such, then, is the vaft mafs of 
 papers which have originated from the rtftleflhefs, or 
 the wifdom, of Europe ; and which every one muft 
 poffefs, who is ambitious of extenfive knowledge, with 
 regard to the difcordant interells of the European 
 Powers. 
 
 To all thefe muft be added, by thofe who are de- 
 firous to form a complete library, the collections,, 
 which have been published with regard to particular 
 negotiations: as the peace of Nimeguen j the peace 
 of Ryfwick ; the peace of Utrecht*: and to thefe 
 may be added the ufeful collection of atfs, negotiations, 
 and treaties^ from 1713 till 1748, in five-and-twenty 
 8vo. volumes j-. The conventions of nations have 
 not only been publifhed at large, but alfo in the ab- 
 ftract. Rouffet favoured the world, in 1736, with 
 Les Interets des Puifiances de 1'Europe, avec le Sup- 
 
 Element, 4 vols. 410. Rcuflet ceafed from his ufeful 
 ibours in Auguft 1762. Mably's Droit 'Public de 
 
 * Aftes et Memoires concernant la Paix de Nimegue, 1697, 
 4 torn, en 7 vol. in izrao. A&es et Memoires concernant la Paix 
 de Ryfwick, 1705, 4 vol. in izmo. Memoires Politiques pour 
 fervir a 1'Hiftoire de la Paix de Ryfwick, par Jean Du Mont, 1699, 
 4 vol. in i zmo. Acles, Memoires, et autres Pieces authentiques, 
 concernantla Paix d'Utrecht, 1714, 7 vol. in 8ro. 
 
 f Recueil des Acles, Negociadons, et Traices, depuis la paix 
 d'Utrecht, jufqu'aprefent, par JaivRouffet. 
 
 4 V Europe,
 
 xii .TrtE PREFACE. 
 
 r Europe 3 will be found a commodious manual, which 
 is written with great knowledge, and arranged with 
 uncommon (kill. It has been continued to the peace 
 of 1763, and enriched with the annotations of Rouflet, 
 who was no favourable commentator. Mably and 
 RoufTet parted with unkind fentiments of each other, 
 though the bookfellers had endeavoured to make them 
 agree. 
 
 But, of diplomatic refearches, there muft be an end. 
 I have already expofcd my ignorance to the eyes of 
 thofe who have made the knowledge of the interests 
 of Powers a profeffion, whiift I have only looked for 
 entertainment amid other labours and other ftudies. 
 If the following ftieets mail be found an accommoda- 
 tion either to the public or to individuals, my defign 
 will be accomplifhed. I have one comfort, during 
 the moment of publication, when I reflect, that ff 
 this collection do no great good, it can be attended 
 with no other mifchief than the addition of one more 
 book to a clafs, which is already too numerou . 
 than the retardment of other works, en the fame lub- 
 jecl, which might be executed with better arrangement 
 and greater accuracy. 
 
 Green Street, p p 
 
 Grofvenor Square, 
 23 Odober, 1790. 
 
 THE
 
 THE 
 
 CONTENTS 
 
 OF VOL. I. 
 
 RUSSIA. Page 
 
 tv, .- The LIST of TREATIES with, from 
 
 1555 to 1766 - - i 2 
 
 fbe Treaty of Commerce and Navigation, 
 
 1766 - - 213 
 
 Tbc Ediftfor eftablijhing an unlimited 'Trade 
 in the Ruffian Dominions on the Black 
 
 SWEDEN. 
 
 The LIST of TREATIES with, from 
 
 1654 to 1766 - - 18 19 
 
 'The Treaty of Peace, 1654 - - - 20 29 
 
 The Treaty 17 July, 1656, confirming that 
 
 0/1654 - 2943 
 
 The Convention, 17 July, 1656 - - - 43 44 
 The Treaty, 21 October, 1661 -4460 
 
 The Commercial Treaty, 1766 - - - 60 62 
 
 PENMARK. 
 
 The LIST of TREATIES with, from 
 
 1640 to 1739 ------- 6364 
 
 The Treaty of Peace and Alliance, 1 5 Sept. 
 
 1654 ------- ^ - 65-73 
 
 fbe
 
 Kiv THE CONTENTS. 
 
 Page 
 
 Tbe Articles of Peace and Alliance \\ July, 
 
 1667''.-' -.,-'-'- - - - 73-78 
 ^CoMMER-ciAT/7r(y, T itbjtiiy, 1670. 7697 
 Tbe Convention, tfb July, 1780, explaining 
 tbe third Article of the CotnmercialTreaty, 
 1670 - - WR - - - 97 9* 
 
 The HANSE TOWNS. 
 
 The LisT'of TREATIES jrifth, (rprn 
 
 1435 to i73i' - - - 99 
 
 Yfo Treaty cf Cpmterce with Dantzic, 
 
 ^Otlober, 1706 - 100109 
 
 Extract from tbe Protocol of tbe Senate of 
 Hamburgh, relating to tbe Herring Trade, 
 %d April, 1716 - -no 
 
 fbe Convention with tie City of Hamburgh^ 
 %tb February, 1719, relating to tbe Her- 
 ring Trade - m IIJ 
 
 fhe Convention with tbe City of Bremen, 
 ijtb Otfcber, .1731, relating to tbe Her- 
 ring Trade - " - - 1 131 16 
 
 PRUSSIA. 
 
 The Lisxof TREATIES with, from 
 
 1701 to 1788 . 11711 8 
 
 Tbe Treaty cf Defgufive Alliance, i$tb 
 
 ...... 118122 
 
 the STATES GENERAL. 
 
 the LIST of TREATIES with, from 
 
 157810178$ - . _' <7 . 123 1 2 S 
 
 Tbe Convention 1 1 'April, 1661, relating to 
 
 tbePojls ...... . ia 133 
 
 TbePeaceof BREDA, ^- J/jy, 1667 - 133-150 
 t&^fV COMMERCIAL TREATY, *\. July, 
 
 1667 ----.,.. i c i 1 6 1 
 
 Tbe Articles touching NAVIGATION and 
 COMMERCE, J r February, 1 66 7 r - 161171 
 
 Tbt
 
 THE CONTENTS. xv 
 
 Page 
 The Treaty (/WESTMINSTER, -^ February 9 
 
 167;- - - ' - _- - - - 172177 
 
 The MARINE TREATY, \ft December, 
 
 1674 - 177189 
 
 TbeExplanatiryDeclaration, 30^ December, 
 
 1675, of the Marine Treaties, 166^- and 
 
 1674 -------- 189 191 
 
 The Definitive 'Treaty of Peace and Friend- 
 
 Jhip, iofb May, 1784 - - - - 191 199 
 The Treaty ofDefenfive Alliance, i $tb April, 
 
 1788 - - ------ 199 204 
 
 The AUSTRIAN NETHERLANDS. 
 The LIST of TREATIES with, from 
 
 1496 to 1743 - - - - 205 207 
 
 {The Provifional Regulation of Trade in the 
 Spanijh Netherlands, 44 Day of July, 
 1713 - 207 209 
 
 The BARRIER TREATY, \$th November, 
 
 1715 - - - - 209255 
 
 Count Voikras Declaration, \~ Auguft, 
 1716, about the Trade in the Auftrian 
 Netherlands - - - ' - - - 256 
 
 The QUADRUPLE ALLIANCE, 1718 - 257 310 
 
 The Treaty of VIENNA, i6/Z> March, 
 
 1731 - 310327 
 
 FRANCE. 
 
 The LIST of TREATIES with, from 
 
 1259 to 1787 ------ 327332 
 
 The Peace of R\SWICK, 44 September, 
 
 1697 -------- 332340 
 
 The Peace of VTV.ECHT, ^^, 1713 34O 39 
 The COMMERCIAL TREATY of UTRECHT, 
 
 31 March 
 
 TTAFriijiyjJ 39 424 
 
 The Peace of AIX-LA-CHAPELLE, i8/2> 
 
 OStober, 1748 ------ 424467 
 
 The
 
 xvi THB CONTENTS. 
 
 . .4 Page 
 
 We Peace of PARIS, IOA& February, 
 
 1763 467494 
 
 The Peace of VERSAILLES, $d September, 
 
 ij$3 ------ 495 
 
 3*be COMMERCIAL TREATY, 1786 - - 517 
 The EXPLANATORY CONVENTION of 'Ja- 
 nuary, 1787 ' -' 544 
 
 The EXPLANATORY CONVENTION of Au- 
 
 /?, 1787 -.%** :-;;.' - - .. 550 
 'The FAMILY COMPACT, between France 
 
 and S fain, 1761 - - - . - * 5^ 
 
 A COLLECTION
 
 A 
 
 COLLECTION 
 
 O F 
 
 TREATIES, 
 
 RUSSIA. 
 
 *555* ^ I ^HERE are copies of the moft early 
 J_ privileges granted by the fovereigns 
 of Ruflk to the Englilh merchants, in Hack- 
 luyfs Voyages, ed. 1598. vol. i. p. 265- 
 372-378-470-507 ; and in Purchases Pil- 
 grims, vol. iii. p. 754-59-61. 
 
 1556. There are in the books of the Board of 
 1628. Trade ten feveral grants of privileges by the 
 fovereigns of Ruffia, to the Englifh mer- 
 chants, from December 1556 to June 1628. 
 Trade, L. N 100. 
 
 1623. .Articles of perpetual league and alliance, 
 16 June, intercourfe, and commerce, between James, 
 King of Great Britain, and Michael Pheo- 
 dorowich, Emperor of Ruflia. 
 
 Rym. Feed. vol. xvii. p. 504. 
 
 1654. There are copies of the terms on which 
 14 Aug. the Englifh merchants were allowed to re- 
 commence trade in Ruffia. 
 
 Tburl. St. Pap. vol. iL'p. 558-62. 
 
 VOL. I, B 1734-
 
 ft TREATIES [1555 
 
 1774. A treaty of friendfhip, commerce, ano* 
 2 d Dec', navigation, between George II. King of 
 Great Britain, &c. and the Emprefs Anne, 
 
 Pap. Off. L. 2. Board of trade> B. b. 
 i6.Rouffe?s Sup. to the Corps Dip- 
 lorn. torn. ii. p. 495- 
 
 1 741 4 The treaty concluded between Great Bri- 
 
 id April, tain and Ruflia, at Petedburgh, with the 
 
 feparate and fecret articles. Pap. Off. L. J 
 
 1742. The treaty concluded between Great Bri- 
 li Dec', tain and Rufiia, at Mofcow, with the fepa- 
 rate and fecret articles. Pap. Off. L. 4. 
 
 1755. The treaty concluded between Great Bri- 
 . Sept. tain and Ruffia, at Peterfburgh, with the 
 feparate and fecret articles. 
 
 Pap. Off. L. 1 6. treat. 1772. vol. ii. 
 p. 137. treat. 1785. vol. iii. p. 30. 
 
 1766. A treaty of commerce and navigation be- 
 1 June, twecn Great Britain and Ruflia, concluded 
 at Peterfburgh. 
 
 treat. 1772, vol. iii p. 309-318. 
 treat. 1785, vol. iii. p. 215-24. 
 
 [The following Treaty of Commerce and Naviga- 
 tion between Great Britain and Ruflia, 1766, is printed 
 from the Treaties 1785, collated with an authentic 
 copy, and corrected.] 
 
 Article I. 
 
 THE peace, frienclfhip, and good underftanding, 
 which have hitherto happily fubfifted between their 
 Majefties of Great Britain and of all the Ruflias (hall 
 be ratified and confirmed by this treaty ; fo that from 
 this time forward, and in all time coming, there (hall 
 
 be,
 
 1766.] WITH RUSSIA. 3 
 
 be, between the Crown of Great Britain on the one 
 hand, and the Crown of all the Ruflias on the other; 
 as alfo between the ftates, countries, kingdoms, domi- 
 nions, and territories, that are fubject to them, a true, 
 fincere, firm, and perfect peace, friendfhip, and good 
 underftanding, which fhall laft for ever, and fhall be 
 inviolably obferved, as well by fea as by land, and on 
 the frefh waters ; and the fubjects, people, and inhabi- 
 tants on the one part and on the other, of what ftate or 
 condition foever they be, fhall perform to each other 
 all acts of kindnefs and affiftance poflible, and fliall 
 not do one another any hurt or injury whatever. 
 
 II. The fubjects of the two high contracting powers 
 fhall have full liberty of navigation and commerce in 
 all the ftates fituated in Europe, where navigation and 
 commerce are permitted at prefent, or fliall be per- 
 mitted hereafter by the high contracting parties, to any 
 other nation. 
 
 III. It is agreed, that the fubjects of the two -high 
 contracting parties fhall have leave to enter, trade, and 
 remain with their {hips, boats, and carriages, loaded or 
 unloaded, in all the ports, places, and towns, where 
 fuch leave is granted to the fubjects of any other na- 
 tion ; and the failors, pafTengers, and fhips, as well 
 Britifh as Ruffian (though there fhould be among their 
 crews fubjccts of fome other foreign nation) fhall be 
 received and treated as the moft favoured nation , and 
 neither the failors nor pafiengers fliall be forced to enter, 
 againft their will, into the fervice of either of the two 
 contracting powers, excepting, however, fuch of their 
 fubjects as they may want for their own proper fer- 
 vice ; and if a domeftic or failor defert his fervice or 
 his fliip, he fhall be reflored. It is likewife agreed, 
 that the fubjects of the high contracting parties fhall 
 have leave to purchafe, at the current price, all forts 
 of commodities of which they may ftand in need ; to 
 repair and refit their fhips, boats, and carriages; to 
 purchafe all kinds of provifions for their prefent fub- 
 
 B 2 fiftance
 
 4 TREATIES [i555 
 
 fiftancc of their voyage; and to remain or depart tt 
 their pleafure, without ktt or **^** 
 they conform to the laws and ordinances of the r 
 tive dates of the high contracting parties where they 
 may happen to be. In like manner the Ruffian fhips 
 thaLrenavigating the fea, and are met by Enghfh 
 ihips, fhall not be impeded in the courfe of their voy- 
 age, provided, in the Britifh fea, they conform to the 
 eftablifhedpraaice ; but, on the contrary, fhall receive 
 from them all kind of afliftance, as well in the ports 
 of the dominion of Great Britain as in the open lea. 
 
 IV. It is agreed, that the fubjefts of Great Britain 
 fhall be at liberty to bring, by water or by land, into all 
 or into fuch provinces of Ruflia, where freedom of 
 trade is permitted to the fubjefts of any other na- 
 tion, all forts of merchandife or efFcfrs, the traffic or 
 entry of which is not prohibited: and in like manner 
 the fiibjefts of Ruflia fhall be at liberty to bring, buy 
 and fell freely, in all, or in fuch dates of Great Britain 
 where freedom of trade is permitted to the fubjects of 
 any other nation, all forts of merchandife and effeds, 
 the traffic and entry of which is not prohibited ; which 
 is alfo to be equally underilood ot the manufa&ures 
 and produces of the Afiatic provinces, provided this 
 is not actually forbid by fome law at prefent in force 
 in Great Britain j comprehending all forts of mer- 
 chandife effe&s, which the fubjefts of any other 
 nation may buy there, and tranfport into other coun- 
 tries, particularly wrought and unwrought gold and 
 filver, excepting the current coin of Great Britain ; and, 
 in order to preferve a juft equality between the Ruffian 
 and Britifh merchants, with regard to the exportation 
 of provifions and other commodities, it is farther fti- 
 pulated, that the fubje&s of Ruffia fhall pay the fame 
 duties on exportation, that are paid by the Britifli mer- 
 chants on exporting the fame effe&s from the ports 
 of Ruflia ; but then each of the high contracting par- 
 ties fhall referve to itfelf the liberty of making, in the 
 interior parts of its dominions, fuch particular arrange- 
 ments
 
 1766.] wiTHRUSSIA. 5 
 
 ments as it Ihall find expedient for encouraging and 
 extending its own navigation. The Ruffian merchants 
 fhall enjoy the fame liberties and privileges as the 
 Britifh merchants of the Ruffian company enjoy ; and, 
 as the defign of the two high contracting parties, and 
 the intention of this treaty, is to facilitate the reciprocal 
 commerce of their fubjeclis, and to extend its limits 
 and mutual advantages, it is agreed, that the Britifri 
 merchants trading in the dominions of Rufiia, lhall 
 have liberty, in cafe of death, a prefling exigency, or 
 abfolute necefilty, when there are no other means of 
 procuring money, or in cafe of bankruptcy, to difpofe 
 of their effects, whether of Ruffian or foreign mer- 
 chandife, in fuch manner as the pcrfons concerned 
 fhall find moft advantageous. The fame thing fhall 
 be obferved with regard to the Ruffian merchants in 
 the dominions of Great Britain. All which, however, 
 is to be underftood with this reftriction, that every fort 
 of permiffion, on the -one fide and on the other, fpe- 
 cified in this article, lhall not be in any thing contrary 
 to the laws of the country; and the Britifh, as well as 
 the Ruffian merchants and their factors fhall punc- 
 tually conform to the rights, ftatutes, and ordinances 
 of the country where they trade, in order to prevent 
 all kind of fraud and impofition. 'Tis for this reafon, 
 that the decifion of fuch events happening to the Bri- 
 tifh compting-houfes in Ruffia, lhall be fubmitted, at 
 Peterfburgh, to the college of commerce, and in other 
 towns where there is no college of commerce, to the 
 tribunals that have the cognizance of commercial af- 
 fairs. 
 
 V. It is agreed, that die fubjedls of Great Britain, 
 if they have no rixdollars to pay the cufloms or other 
 duties for the merchandize which they import or ex- 
 port, lhall be allowed to pay them in other foreign 
 coin of a known name and eftablilhed value, equal to 
 that of the rixdollar, or in the current coin of Rufiia, 
 the rixdollar valued at a hundred and twenty-five 
 copecs (or pennies). 
 
 B 3 VI. All
 
 C TREATIES [1555 
 
 VI. All poffible affiftance and difpatch fhall be 
 given to the loading and. unloading of fhips, as well 
 for the importation as the exportation of commodi- 
 ties, according to the regulations on that head efta- 
 bliihed ; and they fhall not be in any manner detained, 
 under the penalties denounced in the faid regulations. 
 In like manner, if the fubjects of Great Britain make 
 contracts with any chancery or college whatever, to 
 deliver certain commodities or effects, upon notifying 
 that fuch commodities are ready to be delivered, and 
 after they fhall have been actually delivered at the time 
 fpecified in thefe contracts, they fhall be received, and 
 immediately thereupon the accounts fhall be fettled 
 and cleared between the faid college or chancery and 
 the Britifh merchants, at the time fixed in the faid 
 contracts. The fame conduct fhall be obferved to- 
 wards Ruffian merchants in the dominions of Great 
 Britain. 
 
 VII. It is agreed, that the fubjects of Great Britain 
 may, in all the towns and places of Ruflia, where free- 
 dom of trade is permitted to any other nation, pay 
 for the commodities they purchafc in the fame current 
 coin of RufTia, which they take for the commodities 
 they fell, unlefs in their contracts they have ftipulated 
 the contrary ; and this ought to be equally underftood 
 of Ruflian merchants in the dominions of Great Bri- 
 tain. 
 
 VIII. In the places where embarkations are ordina- 
 rily made, permiflion fhall be granted to the fubjects 
 of the high contracting parties, to load their fhips and 
 carriages with, and tranfport by water or by land, all 
 fuch forts of commodities as they fhall have purchafed 
 (with an exception, however, of thofe whofe exporta- 
 tion is prohibited) upon paying the cuftoms, provided 
 thefe fhips and carriages conform to the laws. 
 
 IX. The fubjects of the high contracting parties 
 Ihail pay no greater duty for the importation or expor- 
 tation of their commodities, than is paid by die fub- 
 jects
 
 1766.] wiTHRUSSIA. 7 
 
 jects of other nations. Neverthelefs, to prevent on 
 both fides the defrauding of the cuftoms, if it fhould 
 be difcovered that commodities have been entered 
 clandeftinely, and without paying the cuftoms, they 
 fhall be confifcated ; but, befides that, no other punifh- 
 ment fhall be inflicted upon the merchants on either 
 fide. 
 
 X. Permifilon fhall be granted to the fubjecls of 
 the two contracting parties to- go, come, and trade 
 freely with thofe ftates, with which one or other of the 
 parties fhall at that time, or at any future period, be 
 engaged in war, provided they do not carry military 
 ftores to the enemy. From this peimifTion, however, 
 are excepted places actually blocked up, or beficged, 
 as well by fea as by land ; but, at all other times, and 
 with the fingle exception of military ftores, the above- 
 faid fubjects may tranfport to thefe places all forts of 
 commodities, as well as paiTengers, without the leaft 
 impediment. With regard to the fearching of mer- 
 chant Ihips, men of war and privateers fhall behave 
 as favourably as the reafon of the war, at that time 
 exifting, can pofilbly permit towards the moft friendly 
 powers that fhall remain neuter j oblerving, as far as 
 may be, the principles and maxims of the law of na- 
 tions, that are generally acknowledged. 
 
 XI. All cannon, mortars, mufkets, piftols, bombs, 
 grenades, bullets, balls, fufees, fiint-ftones, matches, 
 powder, falt-petre, fulphur, breaft-plates, pikes, fwoids, 
 belts, cartouch-bags, faddles, and bridles, beyond the 
 quantity that may be necefiary for the ufe of the fhip ; 
 or beyond what every man ferving on board the fhip, 
 and every paifenger, ought to have, fhall be accounted 
 ammunition or military ftores i and, if found, fhall be 
 confifcated, according to law, as contraband goods or 
 prohibited commodities ; but neither the fhips nor paf- 
 fengers, nor the other commodities found at the fame 
 time, fhall be detained or hindered to profecute their 
 voyage. 
 
 B 4 XII. If,
 
 g TREATIES [1555 
 
 XII. If, what God forbid ! the peace fhould come 
 to be broke between the two high contracting parties, 
 the perfbns, fhips, and commodities, (hull not be de- 
 tained or confiscated} but they fhall be allowed, at 
 leaft, the fpace of one year, to fell, difpofe, or carry off, 
 their effects, and to retire wherever they pleafe ; a fti- 
 pulation that is to be equally underftood of all thofe 
 who fhall be in the fea or land fervice ; and they ihall 
 farther be permitted, either at or before their depar- 
 ture, to confign the effects which they fhall not as yet 
 have uilpofed of, as well as the debts that fhall be due 
 to them, to fuch perfons as they fhall think pioper, 
 in order to difpofe of them according to their dcfire, 
 and for their benefit j which debts, the debtors fhall 
 be obliged to pay in the fame manner as if no fuch 
 nipture had happened. 
 
 XIII. In cafe of a fhipwreck happening in any 
 place belonging to one or other of the high contract- 
 ing parties, not only fhall all kind of afliftance be 
 given to the unhappy fufferers, and no fort of violence 
 fhall be offered to them, but even the effects which 
 they fh.ill have faved themfelves, or which they fhall 
 have thrown overboard into the fea, fhall not be con- 
 cealed, withheld, or damaged, under any pretext 
 whatfoever; on the contrary, the above-faid effects 
 and commodities fhall be preferved and reftored to 
 them, upon their giving a moderate recompenfc to 
 thofe who fhall have aflifled them in faving their 
 lives, their fhips, and their commodities. 
 
 XIV. Permiffion fhall be granted to Britifh mer- 
 chants to build, buy, fell, and hire houfes in all the 
 terntoues and touns of Ruffia, excepting, however, 
 with regard to the permiffion of building and buying 
 houfes in thofe towns of Ruffia which have particular 
 rights of burgherfhip, and privileges inconfiftent with 
 iucn indulgence ; and it is exprefsly fpecified, that at 
 
 u- i te [ fbur g h ' Mofcow, and Archangel, the houfes 
 which the Britifh merchants fhall buy, or caufe to 
 
 be
 
 1766.] WITH RUSSIA. 9 
 
 be built, (hall be exempt from all quartering of fol- 
 diers, as long as they (hall belong to them, and Ihall 
 be inhabited by them ; but with regard to the houfes 
 which they (hall hire or let, thefe fhall be fubject to 
 all the ufual charges of the town; the tenant and 
 landlord fettling that matter between them. As to 
 every other town of Ruflia, the houfes which they 
 fhall purchafe or caufe to be built, in the fame 
 manner as thofe which they fhall hire or let, Ihall 
 not be exempted from the quartering of foldiers. 
 Peimifiion (hall likewiie be granted the Ruffian mer- 
 chants to build, buy, fell, and let houfes in Great 
 Britain and Ireland, in the fame manner as is done 
 by the fubjefts of the mod favoured nations. They 
 fhall enjoy the free exercife of the Greek religion in 
 their houfes, or in fuch places as are deftined for that 
 purpofe j and in like manner the Britifh merchants 
 fhall enjoy the free exercife of the Proteftant reli- 
 gion. The fubjefts of either power, eftablilhed in 
 Ruffia or in Great Britain, fhall have power to difpofe 
 of their eftates, and to leave them by will to whom- 
 foever they think proper, following the cufloms and 
 laws of their own proper country. 
 
 XV. Paffports (hall be granted to all Britifh fub- 
 jecls who defire to quit the dominions of Ruflia, two 
 months after they (hall have fignified their defign of 
 departing, without obliging them to give fecurity ; and 
 if, in that time, there appear no juft caufe for de- 
 taining them, they (hall be allowed to go j nor (hall 
 they be obliged to apply for that purpofe to any other 
 quarter than to the college of commerce, or to that 
 which may hereafter be eltablilhed in its place. The 
 fame eafy methods of departing (hall, upon like occa- 
 fions, and agreeable to the cuitom of the country, be 
 granted to Ruffian merchants, who want to quit the 
 dominions of Great Britain. 
 
 XVI. Britifh merchants, who (hall hire or em- 
 ploy domeftics, fhall, in this particular, be obliged 
 
 to
 
 10 TREATIES [1555 
 
 to conform themfelves to the laws of this empire. 
 And Ruffian merchants Ihall be equally obliged to do 
 the fame in Great Britain. 
 
 XVII. In all law-fuits and other proceedings, the 
 Britiih merchants fhall be amenable only to the col- 
 lege of commerce, or to that which fhall hereafter be 
 eftablifhed for the adminiftration of juftice between 
 merchants. But, if it mould happen that the Britifh 
 merchants mould have law-fuits in any place at a 
 diftance from the above-mentioned college of com- 
 merce, both they and the adverfe party fhall prefer 
 their complaints to the magiftrate of the faid towns ; 
 with this provifo, however, that the Britiih merchants 
 fhall have the right to appeal from the fentence of 
 the magiftrate, and to demand that of the college of 
 commerce, if they find themfelves aggrieved. The 
 Ruffian merchants in the dominions of Great Britain 
 Ihall, in their turn, have the fame protection and 
 juflice, which, according to die laws of that kingdom, 
 are granted to other foreign merchants, and fhall be 
 treated as the fubjefts of the moft favoured nation. 
 
 XVIII. The Britiih merchants in Ruflia, and the 
 Ruffian merchants in Great Britain, mill not be 
 obliged to mew their books or papers to any pcrfon 
 whatever, unlefs it be to make proof in the courfe of 
 juftice; ftill lefs fhall the faid books or papers be 
 taken or detained from them. If, however, the cafe 
 ftiould happen, that any Britifh merchant becomes 
 bankrupt, he ihall be amenable at St. Peterlburgh to 
 the college of commerce, or to that which Ihall here- 
 after be eftablilhed for the adminiftration of juftice in 
 mercantile affairs ; and in other remote towns, to the 
 magiftrate of the place; and he fhall be proceeded 
 againft according to the laws that are or fhall be 
 made for this purpofe. Neverthelefs, if the Britiih 
 merchants, without becoming bankrupt, rcfufe to pay 
 their debts, whether to the treafury of her Imperial 
 Majefty, or to individuals, it fhall be lawful to lay an 
 
 arreft
 
 1766.] WITH RUSSIA. n 
 
 arreft upon part of their effects equivalent to their 
 debts ; and, in cafe thefe effects fhould not be fuffi- 
 cient for difcharging fuch debts, they may themfelves 
 be arrefled and detained in cuftody, until fuch time 
 as the greater part of their creditors, as well with 
 refpect to number, as to the value of their refpective 
 demands, have confented to their enlargement. With 
 regard to their effects laid under arreft, they fhall re- 
 main as a depofit in the hands of thofe who Ihall be 
 named and duly authorifed for that purpofe, by the 
 greater part of their creditors, as is above fpecified > 
 which delegates (hall be obliged to appraife the effects 
 as foon as poffible, and to make a juit and fair diftri- 
 bution of them to all the creditors, in proportion to 
 their refpective demands. The fame procedure Ih.ill, 
 in like cafes, be obferved towards the Ruffian mer- 
 chants in the dominions of Great Britain, and they 
 fhall be there protected agreeably to the regulations 
 made in the preceding article. 
 
 XIX. In cafe of complaints and law-fuits, three 
 perfons of fair and unblemi fried character among the 
 foreign merchants fhaJl, with a proper regard to cir- 
 cumftances, be named by the college of commerce, 
 and where there is no fuch college, by the magiftrate, 
 to examine the books and papers of the parties ; and 
 the report they fhall make to the college of com- 
 merce, or to the magiftrate, of what they ihall find in 
 the faid books or papers, fhall be held a good proof. 
 
 XX. The commiffioners of the cuftoms Ihall have 
 the charge of examining the fervants or clerks of the 
 Ruffian merchants, when they caufe their goods to be 
 entered, whether they have, for that effect, the orders 
 or full powers of the mafters ; and if they have not 
 fuch, they fhall not be credited. The fame conduct 
 fhall be obferved towards the fervants of the Britiih. 
 merchants; and, when the faid fervants, having the 
 orders or full powers of their mafters, fhall caufe their 
 goods to be entered on account of thsir mafters, thefe 
 
 iaft
 
 12 TREATIES [1555 
 
 laft fliall be as refponfible as if they themfelves had 
 caufed them to be entered. All the Ruffian fervants 
 employed in the fhops ihall likewife be regiileied, and 
 their matters lhall anfwer for them in the affairs of 
 trade, and in the bargains which they make in their 
 name. 
 
 XXI. In cafe the Ruffian merchants who are in- 
 debted to the Britiih merchants withdraw from the 
 places of their abode to other parts or diftricts, the col- 
 lege of commerce, after complaints lhall have been 
 made to them on the fubject, and proofs of the debts 
 have been adduced, lhall cite them three times, al- 
 lowing diem a furhcient fpacc to appear in pcrfon; 
 and if they do not appear within the term prelci ibed, 
 the faid college fliall condemn them, and lhall fend, 
 at the expence of the plaintiff, an expiefs to the Go- 
 vernors and VVaywodei,, with orders to put the fen- 
 tence in execution, and thus lhall oblige the debtors 
 to pay the fums fpeciried. 
 
 XXII. The brokerage lhall be fettled with juftice, . 
 and the brokers fliall be refponfible for the quality of 
 the goods and fraudulent package, and lhall be obliged, 
 after fufficient proofs produced againft them, to make 
 up the lofles to which they have given occafion. 
 
 XXIII. A regulation fliall be made to prevent the 
 abufes that may be commited in the package of leather, 
 hemp, and flax j and, if any difpute happen between 
 the buyer and the feller concerning the weight or the 
 tare, the commiffioners of the cuftoms lhall deter- 
 mine it according to equity. 
 
 XXIV. In order the more effefbually to encourage 
 and promote the trade of Great Britain, it is agreed, 
 that for the future the Englilh woollen cloths, here- 
 after fpecified, lhall not pay any greater duties on entry 
 than are fettled in this article, viz. Englilh cloth for 
 the ufe of the foldiery, lhall pay (in rixdolJars) only 
 two copecs (or pennies) for every arlheen (or 71 i 
 
 yards)
 
 1766,] WITH RUSSIA. ij 
 
 yards) as a duty on entry j coarfe cloth of the county 
 of York, known in the Ruffian Tariff by the name of 
 Coftrogy, fhall only pay two copecs for every arfheen : 
 broad flnnnel fhall only pay one copec per arfheen ; 
 narrow flannel fhall only pay three-fourths of a copec 
 per arfheen, all as duty on entry. And in every thing 
 that regards the imports and duties payable on the 
 importation or exportation of commodities in general, 
 the lubjeds of Great Britain fhall be always confidered 
 and treated as the moft favoured nation. 
 
 XXV. The peace, friendship, and good under- 
 ftanding fhall continue for ever between the high con- 
 tracting parties j and, as it is cuftomary to fix a cer- 
 tain term to the duration of treaties of commerce, the 
 above-mentioned high contracting parties have agreed, 
 that this treaty lhall continue for twenty years, counting 
 from the day of figning ; and, after the expiration of 
 that term, they may agree upon the means to renew 
 and prolong it. 
 
 XXVI. The prefent treaty of navigation and com- 
 merce fhall be approved and ratified by his Britannic 
 Majefty and by her Imperial Majefly ; and the ratifi- 
 cations, in due and lawful form, fhall be exchanged at 
 St. Peterfburgh, in the fpace of three months, or 
 fooner if poflible, counting from the day of figning. 
 
 In witnefs whereof, we the under-figned, in virtue 
 of the full powers granted to us by his Majefty 
 the King of Great Britain, and by her Imperial 
 Majefly of all the Rufiias, have figned the prefent 
 treaty, and thereto fet our feals. Done at St. 
 Peterfburgh, this 2oth day of June 1766. 
 
 (L. S.) George Macartney. (L. S.) Nikita Panin. 
 (L. S.) Erne/i, Count 
 
 Munich. 
 
 (L. S.) Pr.A.Gditzm. 
 (L. S.) Gr. ?eplof.
 
 14 TREATIES [1555 
 
 7&? Ediff of the Emprefs of RufTia ; giving leave t* 
 all foreigners, of what nation or country foever, to 
 carry on a free and unlimited trade, both by Jea and 
 land, witfr the fever al countries bordering upon the 
 Euxine, which have lately been annexed to the Ruffian 
 dominion -, and allotting facially to fucb foreign na- 
 tions the ports of Cherfon in the government of Ca- 
 therineflaw, Sebaftopolis (formerly called Acht-air) 
 and Theodofia (formerly called Cafta) both in the 
 province of Taurica, where they may rejide and carry 
 en their traffic with the fame immunities and pri- 
 vileges, religious and chit, as are allowed at Pctcri- 
 burgh and Archangel. 
 
 ^ W E Catherine the fccond, by the grace of God. 
 Emprefs and Autocratice of all the Ruffias, of Muf- 
 covy, Kiovia Wolodomiria, Novogorod, Czarina of 
 Cazan, Czarina of Aftrachan, Czarina of Siberia, Cza- 
 rina of the Cherfonefus Taurica, Lady of Pickof, and 
 Great Duchefs of Smolenfko, Duchefs of Eftonia, Li- 
 vonia, Carelia, Twer, Ingoric, Permio, Vitatkia, Bul- 
 garia, and other places ; Lady and Great Duchcfs of 
 the country of Lower Novogorod, Chernigof, Razan, 
 Polofzk Roftof, Jaroflof, Bcblerik, Uderfk, Obdorfk, 
 Coudmfk, Wityrplk, MftiHawfTc, and Sovereign of all 
 the northern coafts, Lady of the Twerlky country, of 
 the Carthaliman and Grauzinian Cz^irs, of the country 
 of Carbadimaj of the Princes of Circaffia, and thofe 
 of the mountains, and of the other countries, Heircfs 
 Lady, and Sovereign Ruler. 
 
 Our endeavours to incrcafe the trade of our own fub- 
 
 S P , J Sflrlfe. ther nati ns throu ghout the Black 
 Sea a nd the Mediterranean, have met with the wifhed- 
 forfuccefsi the treaty of commerce which we con- 
 eluded with the Ottoman Porte on the icth of June 
 
 differ whVH V V rCm r d th fe ^P^iments and 
 
 ,^ I n, J fr m the P ar ticular conftiturion of 
 
 the Turkilh government, had obftruded the (aid trade 
 
 HI
 
 1766.] WITH RUSSIA. -15 
 
 in every ftep of its progrefs ; which can only be guard- 
 ed againft by the inftitution of proper laws for the pro- 
 tection of commerce, and by granting it that entire 
 freedom which its various fpeculations and turns fo in- 
 difpenfably require. The principles of this unlimited 
 freedom we have adopted, and followed from the 
 earlieft period of our government, as is manifeft from 
 the feveral edicts and regulations which have been 
 iflfued from our throne ; and we now extend thefe 
 edicts and regulations in their utmoft latitude to the 
 trade, of the Black Sea. The fecurity and convenience 
 of that commerce are now fully provided for by the 
 annexation of the province of Taurica, and the neigh- 
 bouring territories, to our other dominions ; we have 
 opened therein divers fea ports for the ufe of all per- 
 fons who will carry away from thence the produce of 
 Ruffia, and bring thither the produce and manufac- 
 tures of other countries. 
 
 It is well known, that the laft Turkilh war (a war 
 which, during the fix years that it lailed, was figna- 
 lized by fo many victories of our arms) was no fooner 
 concluded than we erected within the government of 
 Catherineflaw, upon the river Dniper, and at a fhort 
 diftance, the city of Clierfon : it having appeared to 
 iis that that fituation was particularly Commodious, as 
 well for exporting the produce of Ruffia as for im- 
 porting, from other countries, fuch things as might be 
 ufeful to us ; and we lecured the trade thereof by the 
 moft effectual means of defence, encouraging it more- 
 over by fuch helps as were beft fuited to it, and were 
 not inconfiftent with the general principles of com- 
 merce. 
 
 This town, as alfo Sebaftopolis (formerly called 
 Acht-air) and Theodofia (formerly called Caffa) both 
 which latter are fituarcd in the province of Taurica, 
 and are provided with excellent fea-ports, we have, 
 on account of the commodioufnefs of their fituation, 
 ordered to be opened to all nations, living in amity 
 
 with
 
 16 TREATIES [1555 
 
 with our empire, for the purpofes of their commer- 
 cial intercourfe with our faithful fubjects. Accor- 
 dingly, we moft folemnly declare, by thefe preftnts, 
 that all fuch nations are at liberty to come to the bid 
 ports, either in their own or hired vefiels, and under 
 their own colours, as alfo to repair thither by land ; 
 and they are likewife free to depart from thence at 
 their pleafure, paying the duties of importation and 
 exportation agreeable to the tariffs eflablilhed in the 
 respective cuftom-houfes. Moreover, all perfons, of 
 what nations and countries foever, may remain in 
 thefe towns as long as their bufinefs or inclinations 
 may lead them, and enjoy the free exercife of their 
 religion, agreeably to thofe laudable inflitutions which 
 have been handed down to us from our anceftors, 
 fovereigns of Ruflia, and which we ourfelves have con- 
 firmed and augmented, permitting all ftrangers refid- 
 ing in Ruflia to worfhip the Almighty agreeably to 
 the religion of their forefathers, offering prayers to 
 him, together with our own fubjects, that he will in- 
 creafe the welfare and ftrengthen the power of our 
 empire. We give leave to all and every one to carry 
 on their trade with abfolute freedom, either fmgly or 
 in companies, promifmg by our Imperial word, that 
 all foreigners fhall enjoy the fame privileges in thofe 
 three towns as they enjoy in our Imperial city of St. 
 Peterfburgh, and in our provincial town of Arch- 
 angel j and in cafe of a war, every one fhall be fe- 
 cured by the principles of that neutral fyflem which 
 we have erefted, and which, on our part, fhall be 
 kept facred and inviolable. Finally, if any foreigners 
 fliall wifh to fetde in thefe or any other towns or places 
 of our empire, and to become our fubjefts, we will 
 receive them moft gracioufly under our dominion, pro- 
 mifmg that they fhall not only be allowed the free ex- 
 ercife of their religion (as mentioned above) but the 
 full enjoyment of all fuch privileges and exemptions 
 with regard to trade and navigation as have been 
 granted to our other fubjedsi as alfo to creel: fabrics 
 
 and
 
 1766.] WITH RUSSIA. 17 
 
 and manufactories, paying only fuch taxes as fhall be 
 paid by our other fubjeds of the fame condition with 
 themfelves. All perfons, who lhall thus become our 
 fubjefts, fhall be at liberty, they and their defendants, 
 to remain under our government as long as may be 
 agreeable to them, or as their intereft may require ; 
 and in cafe they fhould afterwards chufe to withdraw 
 from the fame, they lhall be freely permitted fo to do, 
 on paying the taxes that had been laid upon them for 
 three years to come. The particular privileges which 
 will be granted to the above-mentioned towns will be 
 fet forth in their refpective charters, which are fpeedily 
 to be published. 
 
 Given at St. Peterfburgh, the 22d of February 
 1784, and in the 22d year of our reign. 
 
 The original was figned with her Impe- 
 rial majefty's own hand. 
 
 . I. C SWEDEN*
 
 ,8 TREATIES [1654 
 
 SWEDEN. 
 
 1654. 'TP H E treaty of peace between Oliver 
 1 1 April. Cromwell and Chriftina Queen of 
 
 Sweden, concluded at Upfal. 
 
 Treat. 1732, vol. iii. p. 89. 
 Treat. 1785, vol. i. p. 69. 
 
 1656. The treaty between Oliver Cromwell and 
 17 July. Charles Guftavus King of Sweden, con- 
 cluded at Weftminfter, confirming and ex- 
 plaining the treaty of UpfaL 
 
 Treat. 1732, vol. iii. p. 162. 
 1 66 1. The treaty of alliance and commerce be- 
 21 Oft. tween Charles II. King of Great Britain, 
 &c. and Charles King ot Sweden, concluded 
 at Whitehall. 
 
 Pap. Of. H. 2. 
 
 Treat. 1732, vol. iii. p. 240. 
 
 Treat. 1772, Suppl. p. 28. 
 
 1665, The treaty of alliance and commerce be- 
 i Mar. tween Great Britain and Sweden, concluded 
 
 at Stockholm. Pap. Off. H. 3. 
 
 1666. The treaty of commerce between Great 
 1 6 Feb. Britain and Sweden, concluded at Stock - 
 
 holm. 
 
 1668. The treaty between Great Britain, Swe- 
 25 Apr. den, and the States General, with the fepa- 
 rate articles, concluded at the Hague, 
 . Pap. Off. H. 5. 
 
 1674. The treaty of alliance and commerce 
 30 Sept.^ concluded between Great Britain and Swe- 
 10 Oft den > conclu< kd at Weftminfter. 
 Pap. Off. H. 7. 
 
 1659.
 
 1766.] WITH SWEDEN. 19 
 
 1699. The treaty between Great Britain, Swe- 
 4 Dec. den, and the States General) with the fepa- 
 
 1700. rate and fecret articles > concluded at Lon- 
 '^-?- Jan. don and the Hague. 
 
 Pap. Off. H. 9. 
 
 Treat. 1785, vol. i. p. 313. 
 
 1703. k The defenfive alliance between Great 
 ~ s Aug. Britain, Sweden, and the States General, 
 with the feparate article> concluded at the 
 Hague. Pnp. Off. H. 10. 
 
 1 7 20. The treaty of alliance and mutual aflift- 
 2 1 Jan. ance, with the feparate articles, concluded at 
 Stockholm^ 
 
 Pap. Off. H. 13. 
 Treat. 1732, vol. Jv. p. ic6. 
 ( 3 Rcujflet, Recueti Hijlorique, torn. ii. 
 
 p. 476. 
 
 1727. The acceflion of Sweden to the treaty of 
 *4 Mar. Hanover, 3d Sept. 1725, between Great 
 Britain, France, and Prufiia, with the fepa- 
 rate and fecret articles. 
 Pap. Off.H. 1 6. 
 Treat. 1732, vol. iv. p. 162. 
 RouJJet, Recueil Hiftorique, torn. iii. 
 P- 3H- 
 
 1766. The treaty of alliance and commerce be- 
 5 Feb. tween Great Britain and Sweden. 
 
 C 2
 
 TREATIES [1654 
 
 V . .-* V< -v- - . -^ 
 
 of Peace between Oliver Cromwell, Prc- 
 /<? Commonwealth of England, and Chrif- 
 tina, 'Queen of Sweden, concluded at Upfal the 
 nth of April, 1654. 
 
 WE the underwritten Axel Oxenftiern, Chan- 
 cellor of the kingdom, and Provincial Judge of the 
 Weftern Nordelles, Swedifli Lapland, and Jemp- 
 terland, Count of die Southern Morea, Free Baron in 
 Kimith, Lord in Tyholm and Tidoen, Knight ; and 
 Eric Oxenftiern, Son of Axel, Prefident of the Gene- 
 ral College of Commerce, Count of Southern Morea, 
 Free Baron in Kimith, Lord in Tidoen, and of Vy- 
 bium and Gorwats, Senators and Plenipotentiaries of 
 the moft Serene and mod Potent Princefs and Lady, 
 the Lady Chriftina, by the Grace of God of the 
 Swedes, Goths, and Vandals, Queen, Great Princefs 
 of Finland, Duchefs of Efthonia, Carelia, Bremen, 
 Verden, Stetin, Pomerania, Cafiiiben, and Vandalia, 
 Princefs of Rugen, alib Lady of Ingria and Wifmar, 
 &c. and Senators and Plenipotentiaries alfo of the 
 kingdom of Sweden, do hereby make known and tef- 
 tify, That as there has been a good and amicable cor- 
 refpondence, time out of mind, between the Swedifh 
 and Englifh nations ; and that as for renewing and in- 
 creafmg the fame, it has been thought convenient that 
 Che moft illuftrious and moft excellent Lord Bulftrode 
 Whitlock, Conftable of Windfor Caftle, and one of 
 the Commiflioners of the Great Seal of England, 
 fhould come to her Sacred Royal Majefty, by the 
 command and in the name of Oliver, Lord Protector 
 of the republic of England, Scodand, and Ireland, 
 and the dominions thereof, fufficiently authorized and 
 inftrufted to tranfact the affairs hereafter mentioned ; 
 fo on the other hand, her faid facred Royal Majefty 
 having furnilhed us with the like full powers, has 
 graciouOy enjoined us, that after confultation held 
 with the aforefaid Lord Ambaflador, on fuch mat- 
 ters as fhall be thought moft agreeable to the prcfent 
 
 circumftances
 
 1766.] w i T H S W E D E N. 21 
 
 circumftances of affairs, for eftablifhing the freedom 
 of commerce and navigation, and corroborating a 
 mutual friendlhip, fomething certain might be deter- 
 mined, and comprehended under certain articles of a 
 mutual treaty : For which reafon, after mature deli- 
 beration, we agreed to the points hereafter following, as 
 they are clearly expreffed in the articles of this treaty. 
 
 I. There lhall be and remain hereafter between the 
 Queen and kingdom of Sweden, and the Lord Pro- 
 tector and the republic aforefaid, and all and fingu- 
 lar their dominions, kingdoms, countries, provinces, 
 iflands, lands, colonies, cities, towns, people, citizens, 
 inhabitants, and all their fubjects and inhabitants, a 
 good, fmcere, firm, and perpetual peace, amity, good- 
 will, and correfpondence, fo that both parties ihall love 
 each other with the moft entire affection. 
 
 II. The aforefaid confederates, and the fubjects, 
 people, and inhabitants of both dominions, as occa- 
 fion offers, lhall take care of and promote their mu- 
 tual advantage ; Jhall alfo certify one another of any 
 dangers which they fee threatened to either from the 
 confpiracies and machinations of their enemies, and 
 fhall oppofe and hinder the fame, as far as lies in their 
 power. And it mail not be lawful for either of the 
 confederates, either for himfelf, or by any other per- 
 fons whatfoever, to a6l, treat of, or endeavour any 
 thing to the inconveniency or detriment of the other, 
 in any part of their lands or dominions whatfoever, 
 whether by land or fea ; nor fhall either of the confe- 
 derates favour the rebels or enemies of the other, nor 
 receive, or admit into their dominions, any rebels or 
 traitors, who fhall form any contrivance againft die 
 ftate of the other, much lefs afford them any advice, 
 afliftance, or favour, or fuffer or permit any fuch af- 
 fiftance to be given them by the fubjects, people, and 
 inhabitants of either nation. 
 
 III. The faid Queen and kingdom, and the afore- 
 faid kord Protedor and republic, fhall be very care- 
 
 C 3 ful
 
 22 TREATIES [1654 
 
 ful to remove all thofe impediments, as far as lies in 
 their power, which have hitherto interrupted the con- . 
 federates freedom of navigation, and commerce be- 
 tween the two nations, through the dominions, lands, 
 feas, and rivers of both, with other people and nations; 
 and they lhall be juftified in aflerting, cflablifhing, 
 defending, and promoting the abovementioned liberty 
 of navigation, and of all merchandize on both fides, 
 acrainft all difturbers whatfoever ; without flittering any 
 thing to be done or committed, contrary to this article, 
 either by themfelves, or their fubjcfts or people. 
 
 IV. It is granted, and it fhall be free for both of the 
 faid confederates, and their inhabitants and fubjefts, to 
 have free ingrefs and egrefs, refidence or paiFage, in, 
 through, or from the kingdoms, countries, provinces, 
 lands, iflands, cities, and towns, walled or unwalled, for- 
 tified or not fortified, dominions and territories what- 
 foever, of the other confederate, freely and fecurely, 
 without any licenfe or fafe-conduct, general or fpecial ; 
 and in the mean time to buy and purchafe all necefla- 
 ries for their fuftenance and, ufe, where they think fit, 
 and that they be treated with all manner of benevo- 
 lence. It {hall likewife be lawful for both of the con- 
 federates, and their fubje&s and inhabitants, to mer- 
 chandifc, traffic, and trade, in all places where com- 
 merce has been carried on at any time hitherto, in 
 whatfoever goods and wares they pleafe ; and every one 
 lhall have leave to import and export the fame at dif- 
 crecion ; provided they pay the duties, and obferve the 
 laws and orders of the aforefaid kingdom and re- 
 public, relating to merchandize, or any other right. 
 Which things being prcfuppofed, the people, fubjeds, 
 and inhabitants of either of the confederates, lhall have 
 and poffcfs in the countries, lands, dominions, and 
 kingdoms of the other, as full and ample privileges, 
 and as many exemptions, immunities, and liberties, as 
 any foreigner doth or fhall poflefs in the dominions and 
 of the faid confederates.
 
 ij66.] WITH SWEDEN. 23 
 
 V. The merchants, captains, mailers of ihips, ma- 
 riners, and all men whatsoever, their fhips, and-all mer- 
 chandize and goods in general, of either of the confe- 
 derates, their fubje&s and inhabitants, fhall ,not be pur 
 or detained under arreft, on any public or private ac- 
 count, by virtue of any general or ipecial edict, in any 
 of the territories, harbours, ftations, ihores, or domini- 
 ons whatfoe ver, of the other confederate, for public 
 life, warlike expeditions, or any other caufe, much lefs 
 for the private ufe of any perfon j nor be compelled by 
 any fort of violence, nor in any wife molefled or inju- 
 red. Provided neverthelefs, that arrefts which are 
 agreeable to juftice and equity be not prohibited, if 
 made according to the ordinary forms of Jaw, and not 
 to gratify the pafiions of private perfons, but as indil- 
 penfably requifite for the adminiftration of law and 
 juilice. 
 
 VI. That if one or more Ihips of either of the con- 
 federates, whether Ihips of war, or private fhips of bur- 
 then belonging to their fubjects, citizens, and inhabi- 
 tants, be drove by ftrefs or weather, or purfued by pi- 
 rates and enemies, or compelled by other urgent ne- 
 cefiity to any harbours, ftations, or fhores whatsoever, 
 of the other confederate, they fhall be there received 
 with all kindnefs and humanity, and enjoy amicable 
 protection, without being hindered in any meafure 
 from refitting themfelves intirely, and from buying 
 all nece Maries for their fufte nance, repair, and conve- 
 niency, at a fair price ; nor fhall they be hindered on 
 any account from weighing anchor, and departing 
 from any port and ftation, when they pleafe, without 
 paying the cufloms, or any impoils, fo long as they 
 do not contravene or tranfgreis the ftatutes, orders, 
 and cufloms of the place, to which the fhips fhall be 
 retired, or where they tlay. 
 
 VII. For the like reafon, if one or more fhips, whe- 
 ther public or private, of either of the confederates, 
 their lubjedls or inhabitants, have run afhore, fuffered 
 
 C 4 wreck,
 
 24 T,R E A T I E S [1654 
 
 wreck, or any lofs or damage whatfoever, or fhall 
 hereafter, upon the coafts or any territories whatibever 
 of the other confederate, the fufferers lhall be kindly 
 and friendly relieved, and afllfted for a proper reward. 
 Provided that whatfoever be recovered of the faid 
 wreck, or any lofs or damage, be fecured, preferved, 
 and reftored to the rightful owner, or his reprefen- 
 tative. 
 
 VIII. That if the fubjects and inhabitants of either 
 of the confederates, whether they are merchants and 
 their factors, fervants, captains, mafters of fhips, ma- 
 riners, or others, travelling or fojourning, for any other 
 reafon, in the dominions of the other confederate, want 
 the afliftance of the magiftrates, either to plead any 
 caufe in the courts of juftice in their name for the re- 
 covery of their debts, or for other lawful icafons, it 
 fhall be courteoufly afibrded to them readily, and ac- 
 cording to the equity of the cafe ; and juftice fhall be 
 adminiftered without tedious and unnecefTary delays. 
 They fhall not in any manner, or for any pretence, be 
 hindered in tranfacting their affairs, contracting for 
 merchandize, receiving the price for them, and per- 
 forming their journies, but fhall be treated every 
 where with the moft friendly offices j and it fhall be 
 free for them on both fides to wear arms for felf-de- 
 fence, on the fhores, or in the fhips, harbours, and 
 public places whatfoever of the other confederate. 
 Provided they do not give the governors and magi- 
 ftrates of any place whatfoever, any juft fufpicion of 
 any machinations againft the public or private peace j 
 and whofoever behave modeftly and innocently, fhall 
 be protected from violence and trouble. 
 
 IX. It fhall be lawful for the faid confederates, and 
 each of them, their people and fubjects, to buy and 
 export from their refpective countries, dominions, and 
 kmgdpms, arms and warlike ftores of all forts, 
 and fhips, into one another's harbours, ftations, and 
 fhores, tq hale them afhore with fafety and freedom 
 
 tQ
 
 1766.] WITH SWEDEN. 25 
 
 to refide there, and to depart from thence, provided 
 they behave modeftly, peaceably, and conformably to 
 the laws and cuftoms of the feveral places, and do not 
 in any refpect hinder the freedom of commerce. In 
 like manner, the Dutch fhips (hall have free accefs to 
 the ports of the other confederate, and free anchorage 
 there : but if their number be fuch as may give mani- 
 feft fufpicion, they fhall not enter without content and 
 leave firft obtained from that confederate, whole har- 
 bours they are at; unlefc they are drove in by tem- 
 pefts, or by violence, or by danger at fea : in which 
 cafe they fhall fignify the reafon of their coining to the 
 governor or chief magiftrate of the place, but fhall 
 not ftay there longer than the time granted by the go- 
 vernor, or chief magiftrate of the place, as aforefaid, 
 nor longer than they obferve this article, and thoie 
 
 other conditions hereafter ftipulated. 
 
 i 
 
 X. It fhall be lawful for the fubjecls and inhabi- 
 tants of the Queen and kingdom of Sweden, to travel 
 fafely, and without moleftation, in England, Scotland, 
 and Ireland, and all the dominions thereof, and to 
 pals through the fame whither they pleaie, by land or 
 fea, to any nations whatfoever, and freely to trade and 
 traffic with them in all forts of merchandize, to im- 
 port them thither, and to export them from thence : 
 and the people of the aforefaid republic fhall enjoy 
 the fame liberties in the kingdoms, dominions, and 
 territories of the Queen and kingdom of Sweden, on 
 condition that the laws, ordinances, and prerogatives of 
 each nation refpectively, which relate to commerce 
 and merchandize, be obferved on both fides. 
 
 XL Although the preceding articles of this treaty, 
 and the laws of friendlhip forbid, that either of the 
 confederates fhall give aid and afiiftance to the ene- 
 mies of the other, yet it muftby no means be under- 
 flood, that that confederate, with the fubjecls and in- 
 habitants, who are not involved in war, fhall carry on 
 no manner of trade and navigation with the enemies of 
 
 that
 
 -6. TREATIES 1654 
 
 that confederate who is engaged in the war. Only- 
 it is hereby provided, in the mean time, till all the 
 rules appertaining to this matter are fettled, that no 
 merchandize of that fort which (hall be deemed con- 
 traband (which fhall be Ipecified by a particular t 
 logne, to be fettled within four months) fhall be car- 
 ried to the enemies of die other, without danger of 
 being made prize, and without hopes of redemption, 
 if they are feized by the other confederate. 
 
 XII. Left that fuch free navigation or paflage of 
 one of the confederates, or his or her fubjefts and in- 
 habitants, while the other confederate is at war, by 
 land or fca, with other nations, fhould be prejudicial 
 to the other confederate ; and left hoftile goods and 
 wares fhould be concealed under the difguife of friend- 
 (hip ; for removing all fuipicion and fraud, it is thought 
 fit that all fhips, carnages, wares, and men, belonging 
 to either of the confederates, fhall be duly furnifhed 
 in their journies and voyages with fafe-conducls, com- 
 monly called pafTports and certificates, which fhall be 
 figned by the chief governor or magiftrate of the chief 
 province, or city from whence they came, and be re- 
 gulated in all things according to the forms that fhall 
 be agreed on within the fpace of fix months -from the 
 date hereof: And when the merchandize, goods, fhips, 
 men of either of the confederates, and their fubjefts 
 and inhabitants, fhail meet or be met by the fhips of 
 war, public or private, or the fubjccts and inhabitants 
 of the other confederate in the open lea or ftraits, har- 
 bours, flations, lands, or other places wherefoever 
 they fhall come together, after producing their fafc- 
 condufts and certificates, nothing farther Yhall be de- 
 manded of them ; no inquiry whatfoever fhall be made 
 into the fhips, goods, or men, much lefs fhall they be 
 injured, damaged, pr molefted, but fhall be freely let 
 go toprofecute their journey, voyage, or bufmefs. And 
 if any thing be committed by either parry contrary to 
 the genuine meaning of this article, both of the con- 
 federates fhall inflift a fevere punifhment on their fub- 
 
 jefts
 
 1766.] WITH SWEDEN. 27 
 
 jecls and inhabitants, the contraveners, and (hall take 
 care that plenary and immediate fatisfaftion be given 
 to the other injured confederate, or his iubje&s and 
 inhabitants, for all lofs and expences. 
 
 XIII. If it alfo happen hereafter, during this frietid- 
 Ihip and treaty, that any of the people and fubjefts of 
 either of the confederates attempt or endeavour any- 
 thing contrary to this league, or any article thereof 
 by land or fea, or elfewhere, this friendihip, league, 
 and contract fhall not be interrupted or difiblved be- 
 tween the faid confederates on that account, but lhall 
 neverthelefs remain and continue intire, and thofe par- 
 ticular men only fhall be punifned, who lhall violate 
 this treaty, and right and juftice lhali be adminiflered 
 to thofe who receive the injury, and all manner of fa- 
 tisfadion fhall be made them for the lofs and injury 
 within the fpace of twelve months after the reflitution 
 demanded. And if the faid delinquents, and thofe 
 who are guilty of the violence committed, refufe to 
 ftand and fubmit to juftice, or to make fatisfaction 
 within the day appointed, their eftates, goods, and 
 poffefiions whatsoever, lhall be confilcated and fold 
 for the juft and full fatisfaction of the injuries which 
 they have committed j and the delinquents and guilty 
 perfons themfelves, when they come into the power 
 of the other ftate, fhall moreover differ due puniih- 
 ment, according to the nature of tjie offence. And 
 reftitution and fatisfaclion lhall be made fpeedily, and 
 without delay, to the party injured, and his or her fub- 
 jefts and inhabitants, for the lories and damages which 
 either of the confederates fuffered by the other, dur- 
 ing the war betwixt England and the United Provin- 
 ces of the Netherlands. 
 
 XIV. The prefent treaty and confederacy fhall de- 
 rogate nothing from any preheminence, right, and do- 
 minion whatlbever, of either of the confederates, in 
 their feas, ftraits, and waters whatfoever, but fhall 
 have and retain the fame to themfelves, in as ample 
 
 a manner
 
 a8 TREATIES [1654 
 
 a manner as they have hitherto enjoyed them, and as 
 by right to them belongs. 
 
 XV. Whereas therefore it is the primary infticution 
 of this treaty, that iiich a freedom of navigation and 
 commerce, as is defcribed in the foregoing articles, 
 may be and remain on both fides, to both of the con- 
 federates, their fubjecb and inhabitants, in the Bal- 
 tic Sea, the Sound, the North Sea, the Britim Ocean, 
 the Mediterranean, and the Channel, and the other 
 feas in Europe, both parties (hall endeavour heartily, 
 with their joint advice, help, and affiftance, that the 
 aforefaid mutual freedom of navigation and commerce 
 may be eftablifhcd and promoted, in all the feas and 
 ftraits aforefaid, and defended, if occafion fhall re- 
 quire, againft all difturbers, who (hall attempt to in- 
 terrupt, prohibit, hinder, conftrain, or force it for their 
 own pleafure, and for the fake of injuring the confe- 
 derates. And both of the faid confederates ihall con- 
 tribute friendly and readily to promote the advanta- 
 ges and remove the difadvantages of each other ; fav- 
 ing the treaties heretofore entered into, and (till fub- 
 lifting, between both nations, and other kingdoms, re- 
 publics, and dates. And hereafter neither of the con- 
 federates (hall by any means enter into any treaty, or 
 make any contracl: with other foreign nations and ftatcs 
 whatfoever, to the leaft prejudice of this prefent trea- 
 ty, without the previous knowledge and confent of the 
 other confederate ; or if any thing (hall hereafter be 
 ftipulated with others, it (hall be accounted of no ef- 
 fect, and (hall yield in all refpefts to this mutual con- 
 vention. As to the mutual aid or afliftance to be 
 given one another for the defence of this treaty, and 
 die freedom of commerce and navigation, when it 
 Ihall be necefiary, and reafon requires, a more parti- 
 cular agreement (hall be made, according to the ch% 
 cumftances of time, &c. 
 
 XVI. As to the other advantages to be enjoyed, 
 and laws to be conformed to by the men of war, 
 
 which
 
 1766.] WITH SWEDEN. 29 
 
 which arrive at the harbours or ftations of either of the 
 confederates, the trade to be carried on in America, 
 alfo as to the catching of herrings, and other fifh what- 
 foever, the appointing of ftaples and emporiums of 
 commerce, and the regulating of other matters and 
 conditions, which may be required for the greater il- 
 luftration of the foregoing articles, the fame fhall be 
 fettled, as hereafter fhall be mutually agreed, by a ipe- 
 cial treaty or covenant. 
 
 XVII. But thofe things to which we have confent- 
 ed in the former articles fhall immediately from this 
 inflant be in full force, and duly obferved by both 
 parties, and by all who are united on both fides by 
 allegiance, faith, and obedience. And to the intent 
 that hereafter they may be rendered the more ftable 
 and firm, as well by her moft gracious Royal Majef- 
 ty, as by the Lord Protector of the republic of Eng- 
 land, Scotland, and Ireland, and their dominions, in 
 the name of his Highnefs, and the f:iid republic, 
 they fhall be fubfcribed, figned, and ratified within the 
 term of four months, with the very hands and feals of 
 her Majefty and his Highnefs. 
 
 In confirmation of all that is above written, and in 
 witnefs that they fhall be facredly obferved, and rati- 
 fied within the day aforefaid, on the part of her Royal 
 Majefty, our moft gracious Lady, we have fubfcribed 
 thefe prefents with our hands, and fealed them with 
 cur feals. Done at Upfal the nth of April, 1654. 
 
 'The Treaty between Charles Guftavus King of Swe- 
 den, and Oliver Cromwell Protestor of England ; 
 whereby the Treaty of Alliance made between thojs 
 two States the nth of April 1654, is confirmed 
 and explained. Done at London, Anno 1656. 
 
 I Chriftiern Bonde, Free Baron of Layhela, Lord 
 of Ymfifholm, Bordfoo, and Springeftadt, &c. Se- 
 nator of the kingdom of Sweden, and of the moft Se- 
 rene
 
 3 o TREATIES [1654 
 
 rene and Potent Prince and Lord, the Lord Charles 
 Guftavus, by the grace of God King of the Swedes, 
 Goths, and Vandals, Great Prince of Finland, Duke 
 of Efthonia, Carelia, Bremen, Verden, Stetin, Pome- 
 rania, CafTuben, and Vandalia, Prince of Rugen, Lord 
 of Jngria and Wifmar, alfo Count Palatine of the 
 Rhine^ and Duke of Bavaria, Juliers, Cleves, and 
 Mons, and Ambafiador Extraordinary from that Prince 
 to the moft Serene and moft High Oliver Lord Pro- 
 tector of England, Scotland, and Ireland, and the do- 
 minions thereof, and to the republic of England ; do 
 hereby make known and teftify to all and every one 
 whom it concerns, or whom it may in any meafure 
 concern, That whereas in the treaty made at Upfal, 
 the nth of April 1654, between the moft Serene and 
 Potent Princeis Chriftina, by the grace of God Queen 
 of the Swedes, Goths, and Vandals, Great Princefs of 
 Finland, Duchefs of Efthonia, Carelia, Bremen, Ver- 
 den, Stetin, Pomerania, Cafiubcn, and Vandalia, Prin- 
 cefs of Rugen, Lady of Ingria and Wifmar, and the 
 kingdom of Sweden, and the faid Lord Protector of 
 the republic of England, &c. certain affairs, relating 
 as well to the eftabliihment of mutual friendfhip, as to 
 the advantages of commerce and navigation, were de- 
 ferred ,to a more convenient time. And whereas it 
 hath feemed good to his laid moft Serene Royal Ma- 
 jefty of 'Sweden, to fend me over to England, veftcd 
 with fnfHcient powers to tranfaft the fame, and the 
 other affairs which follow ; therefore, after a conference 
 with the Lords Commiflioners of the faid moft Serene 
 Lord Protector, viz. the moft noble Lord Nathaniel 
 Fiennes, one of the Keepers of the. Great Seal, and of 
 his Highneis's Privy Counfellors, Sir Bulftrode Wrfit- 
 lock, Knight, one of the Commiffioners of his High- 
 nefs's TreaTury, and Conftable of Windfor Caftle, 
 and Walter Strickland, Efq ; bosh Members alfo of his 
 Highnefs's faid Privy Council, furniihed with fufficicnt 
 powers and commands for this purpofe j and after 
 we hod mutually imparted our opinions, and maturely 
 
 confidered
 
 i 7 66.] WITH S W E D E N. 31 
 
 confidered the following points, we agreed as is clearly 
 and perfpicuoufly expreflfed in the words of the under- 
 written articles. 
 
 I. It fhall be lawful for either of the Confederates 
 to raife any foldiers and feamen by beat of drum with- 
 in the kingdoms, countries, and cities of .either ; and 
 aifo to hire men of war and fhips of burden, obferv- 
 ing only the following conditions. 
 
 1. Whichsoever of the confederates defires to have 
 a mufter, he lhall notify his intention to his ally, and 
 fpecify the places in which he thinks fiich levies may 
 moft conveniently be made ; and if the condition of 
 the other ally will not permit that the levy fhould be 
 made in that place, then the other, being fo required, 
 fhall appoint another place more convenient for his 
 purpofe, and as little as poflible to the ' detriment of 
 both parties. 
 
 2. As to the number of foldiers to be raifed, or of 
 friips to be hired, regard fhall be had to the affairs 
 and circumftances of that confederate in whofe king- 
 doms and dominions the mufters are to be made ; left 
 if a greater number of forces be required than is fit- 
 ting, the other fhould find the want of them, or be dif- 
 appointed of them for his own occafions. 
 
 3. When foldiers are raifed in that country, they 
 fliall not take arms, nor fo much as on board the 
 friips, till they come within twenty leagues of the place 
 where they are to be fet afhore. 
 
 4. The colonels or captains fhall. raife no foldiers 
 who are already entered into the pay of another king 
 or flate, nor fhall they entice any from their cc 
 fours. 
 
 5. The foldiers, failors, and fliips, raifed or hired, 
 as above, in the kingdoms and countries of either of 
 the confederates, fhall not be raifed againft the friends 
 or allies of the other, to the violation of the treaties 
 concluded aad now fubfifling between one another and 
 their aliks, 
 
 11. Whereas
 
 32 TREATIES [1654 
 
 II. Whereas in the Xlth article of the treaty lately 
 made at Upial in 1654, betwixt England and Swe- 
 den, it was agreed and fpecified what goods and mer- 
 chandize fhould hereafter be declared contraband and 
 prohibited ; it is now by virtue of the faid article efta- 
 bliflied, that only thofe hereafter mentioned fhall be 
 reckoned prohibited, and confequently not to be dif- 
 pofed of to the enemies of either, viz. bombs with 
 their fufees and other appurtenances, fire-balls, gun- 
 powder, matches, cannon-ball, fpears, fwords, lances, 
 pikes, halberts, guns, mortars, petards, granadoes, 
 mufket-refts, bandaliers, faltpetre, mufkets, muiket- 
 balls, helmets, head-pieces, breaft-plates, coats of 
 mail, cuirafies, and the like kind of arms ; loldiers, 
 horfcs, with all their furniture, piftols, holders, belts, 
 and all other warlike inftruments ; and alfo fhips of 
 war. Money fhall alfo be reckoned among the goods 
 with which the enemies are not to be fupplied, and 
 which it fhall not be lawful to carry to the enemies of 
 either, any more than the things above mentioned, on 
 the penalty of being made prize without hopes of re- 
 demption, if they are feized by either of the confede- 
 rates. Nor fhall either of the confederates permit that 
 the enemies or rebels of the other be affifled by any of 
 their fubjefts, or that their fhips be fold, lent, or in any 
 manner made ufe of by the enemies or rebels of 
 the other, to his difadvantage or detriment. 
 
 III. But it lhall be lawful for either of the confede- 
 rates, and his people or fubjefts, to trade with the ene- 
 mies of the other, and to carry them any goods what- 
 foever, which are not excepted as above, without any 
 impediment : Provided they are not carried to thofe 
 ports or places which are befieged by the other; in 
 which cafe they fhall have Jeave either to fell their 
 goods to the befiegers, or to repair with them to any 
 other port which is not befieged. 
 
 IV. Whereas in the Xlth article of the treaty con, 
 4 at Upfal the nth of April, 1654, between 
 
 > v Sweden
 
 1766.] WITH S W E D E N. 33 
 
 Sweden and England, it was agreed, that although, ic 
 was precautioned and prohibited by the preceding ar- 
 ticles, that either of the confederates fhould give aid 
 and affiftance to the enemies of the other, yet it ought 
 not to be underftood, that that confederate who is not 
 involved in war with the enemy of the other, fhall not 
 be allowed to carry on trade with the faid enemy of 
 that confederate : but it was only provided thereby, 
 till there fhould be a farther agreement concerning this 
 matter, that no goods or merchandize which we com- 
 monly call contraband lhall be carried to the enemy 
 of the other, without danger of being made prize, and 
 without hopes of redemption, if they are feized by the 
 other confederate. In like manner, whereas by the 
 Xllth article of the faid treaty, for the evading of all 
 fulpicions, left the navigation or commerce of one of 
 the confederates, whether by land or fea, Ihould be 
 carried on during war to the prejudice of the other 
 confederate, or left the goods of enemies fhould be 
 carried under the difguife of the goods of friends, it 
 was ftipulated and concluded, that all fliips, carriages, 
 wares, and men, belonging to the other of the confede- 
 rates, fhould be furnifhed in their journey and pafiage 
 with fafe-condudls, commonly called paflports, and 
 certificates, figned by the chief governor or magiftrate 
 of that province and city from whence they came ; and 
 that thofe forms of the pafiports and certificates were 
 to be obferved on which the confederates fhould mu- 
 tually agree on both fides ; and when the merchan- 
 dize, goods, (hips, men of either of the confederates, 
 and his fubjefts and inhabitants, fhall meet or be met 
 by the fhips of war, public or private, or the fubjedts 
 and inhabitants of the other confederate, in the open 
 lea, ftraits, harbours, havens, lands, and other places, 
 wherefoever or howfoever they fhall come together, 
 after producing only their fafe-condudts and certificates 
 nothing farther fhould be demanded of them, no in- 
 quiry whatfoever fhould be made into the fhips, goods, 
 or men, much leis fhould they be injured, damaged, 
 VOL. L D or
 
 34 TREATIES [1654 
 
 or molefted ; but fliould be freely let go to profecute 
 their journey and purpofe, as is above iigmfied. 
 
 And whereas by the XI Vth article it was ftipula- 
 ted, that the faid treaty and confederacy fhould dero- 
 gate nothing from any preheminence of right and do- 
 minion whatsoever of cither of the confederates, in any 
 of their feas, {traits, and waters whatfoever, but that 
 'they ihonld have and retain the fame to themfelves in 
 'as ample a manner as they had all along enjoyed 
 "them, and as by right to them belonged ; Now there- 
 fore that a fitting draught of fuch certificates and pa(T- 
 ports may be formed and obferved, which may be an- 
 fwerable to the meaning of the aforefaid articles, it is 
 agreed and concluded on both fides, That for avoid- 
 -ing all frauds and concealments whatfoever of the ene- 
 mies goods, and all occafions of quarrels as to any 
 certificates and paffports, fuch forms as are under- 
 written verbatim (hail be obferved, and fubfcribed 
 Jand figned by the chief magiftrate of that province 
 and city from whence they come j that then the true 
 names of die fhips, carriages, merchandize, and maf- 
 ters of the fhips be fpecified ; as alfo the punctual days 
 and times, without any fraud, together with other de- 
 Icriptions of that fort, which are exprefled in the fol- 
 lowing form of a fafe-conduct or certificate. Where- 
 fore, if any perfon who fhall declare upon the oath by 
 which he is bound to his king, (late, or city, that he 
 has" given in a true account, be convicted by fufficient 
 proof of having concealed any fraud by his permiflion 
 imder his faid declaration, he fliall be feverely puniihed 
 as a tranfgrelTor of the faid oath. 
 
 We N. N. governor or chief magiftrate of the 
 province or city of N. [the ride or office of the re- 
 fpective government of that place being added] do 
 make known and certify, that on the day of the 
 
 month of A N.NvN. citizens and in- 
 
 habitants of N. and who are engaged and bound as 
 fubjefts of hit moft Serene Royal Majdly of Sweden, 
 
 and
 
 jy66.] WITH S W E D E N. 35 
 
 and to our city, or of the moft Serene Lord Protec- 
 tor our moft gracious Lord, and to our city, perfon- 
 ally appeared before us in the city or town of N. in the 
 dominion [of his moft Serene Royal Majefty of Swe- 
 den, or of the moft Serene Lord Protector "of Eng- 
 land, juft as it fhall happen] and declared to us, that 
 the fhip or vefTel called N. of about 
 
 lafts or tons, belongs to the port, city, or town of N. in 
 the dominion of N. and that the faid fhip does right- 
 fully belong to him or other fubjects of his moft Se- 
 rene Royal Majefty of Sweden, or of the moft Serene 
 Lord Protector, that Hie is now bound directly from 
 the' port N. to the port N. laden v/ith the following 
 merchandize, viz. [here fhall .he fpecified the goods, 
 with their quantity and quality ; for example, about fp 
 many cheus or bales, hogfheads, &xr. according to the 
 quantity and condition of the goods] and affirmed upon 
 oath to the aforefaid N. that the faid goods or mer- 
 chandize belong only to the fubjects of his moft Se- 
 rene Royal Majefty of Sweden, the moft Serene Lord 
 Protector of England ; or exprefllng to whatever other 
 nation they belong, and that N. N. N. have declared 
 upon their faid oath that the faid goods above fpeci- 
 fied, and no others, are already put on board or are 
 to be put on board the abovenamed Ihip for the faid 
 voyage, and that nb part of thofe goods belongs to 
 any one whatsoever; but the perfons abovemention^d ; 
 and that no goods are difguifed or concealed therein 
 by any fictitious name whatfoever, but that the mem 
 chandize abovernentioned is > truly and really put oil 
 board, for the ufe of the faid owners and no others 5 
 and that the captain of the faid .fhip named N. N. is a 
 citizen of the city of N. Therefore whereas after 
 ftrict examination by us. the abovementioned [gover- 
 nor or chief magijlrate of the city aforefaid] it fully 
 appears that the goods on .board the faid fhip or vef* 
 fel are free - 3 .and do truly ajid really belong to the fub- 
 jects of his moft Serene Royal Majefty of Sweden, ok 
 of the moft Se/ene Protector, or to the inhabitants -of 
 D 2 other
 
 3 6 TREATIES [1654 
 
 other nations abovementioncd ; We do moft humbly 
 and earneftly require it of all and fmgular the powers 
 by land and Tea, kings, princes, republics, and free 
 cities ; alfo of the generals of armies, admirals, com- 
 manders, officers and governors of ports, and all 
 others to whom the cuftody of any harbour or fea is 
 committed, which meet this fhip in her voyage ; or if 
 fne happen to fall in, among, or pafs through their 
 fquadrons, or to ftay in their harbours, that for the 
 fake of the treaties and friendfhip which fubfift rcfpec- 
 tively between them, or whoever are his fupuiors, and 
 the moft Serene King of Sweden, - r th : moft Serene 
 Lord Protector our moft g: acioui Lord, they will not 
 only permit the faid captain with the Ihip N. and the 
 men, goods, and merchandize to her belonging, to 
 profecute her voyage freely without lett and molefta- 
 tion s but alfo, if he think fit to depart elfewhere from 
 fuch harbour, that they will (hew all kind offices to him 
 and his (hips as a fubject of his moft Serene Royal 
 Majefty or Sweden, or of the moft Serene Lord Pro- 
 tector, as they fhall in like manner experience the fame 
 from our moft Serene King, or our moft Serene Lord 
 Protector, and all his minifters and fubjects in the like 
 or any other .cafe. In witnefs whereof we have taken 
 care that thefe prefents figned by our hands be iealed 
 with the feal of our city. Given at our court. 
 
 ,V. Neither of thofe confederates (hall fuffer the 
 fhips, veflels, goods, or merchandize of the other, or of 
 his people or fubjects, which are taken at fca or elfe- 
 where by enemies or rebels, to be brought into their 
 ports or dominions, but (hall publicly forbid any thing 
 of that kind to be done ; and if any fhips, veflels, 
 goods, or merchandize of either, or his people or fub- 
 jects, taken at fea or elfewhere, (hall be carried into 
 the ports or countries of the other by any enemy or 
 rebel of the confederates, or either of them, that con- 
 federate into whofe harbours they fhall be carried, (hall 
 not fuffer the fame or any part thereof to be fold in 
 that port, or any other place in their dominion ; but 
 
 fhall
 
 1766.] WITH SWEDEN. 37 
 
 {hall take care that the matter of the fhip or veflel fo 
 taken, as alfo the mariners and pafTengers, {hall as foon 
 as they arrive, be immediately fet at liberty, together 
 with all the prifoners, fubjects of either kingdom or re- 
 public, as many as fhall be brought thither ; nor 
 fhall he permit die faid fhip and veflel to flay in that 
 harbour, but fhall command the faid fhip, with her 
 goods, merchandize, and lading, immediately to leave 
 the harbour. Provided neverthelefs, that nothing in 
 this article be turned to the prejudice of the treaties 
 formerly entered into by either of the confederates with 
 other nations ; and where thefe things do not interfere, 
 the above article fhall remain in full force. 
 
 VI. It fhall be free for the men of war and guard- 
 fhips of either of the confederates to enter into the 
 ports, havens, or rivers of the other, where fuch fhips 
 ufe to repair, and there to caft anchor, flay, and to 
 depart from thence without any injury or moleftation ; 
 provided thefe conditions are obferved. 
 
 1. That it fhall not be free to carry into die har- 
 bours of the confederate any fquadron, exceeding five 
 or fix fhips, without giving fome notice thereof be- 
 forehand. 
 
 2. That the commander of the fquadron and fhips 
 (hall without delay exhibit his letters of fafe-condu6t 
 to the governor of the caftle, fort, city, or province, or 
 acquaint the magiftrate of the place where he arrives 
 with the reafons of his coming, and for what end, and 
 how long he defigns to flay in that port or haven. 
 
 3. That fuch fhips fhall not come or flay nearer to 
 thofe caflles or forts than is convenient. 
 
 4. That the mariners, fhips companies, and fol- 
 diers, fhall not go afhore in bodies above 40 at a time, 
 nor in any number that may give fufpicion. 
 
 5. That while they are there they fhall not do any 
 damage to any perfon, not fo much as their enemies ; 
 and above all fhall not flop or obftruct the paflage of 
 any merchant fhips whatfoever, into or out of the har- 
 bour. 
 
 D 3 6. That
 
 38. -TREATIES 
 
 6. That they fliall not leave their ftation for the fake 
 of infefting the navigation of any nation whatever. 
 
 7. That diey ihaH in all rcfpeAs live and behave 
 modcftly, quietly, and conformably to the laws and 
 cuftoms of every place, ami have fpecial regard to the 
 reciprocal friendfhip between the confederates. Where 
 the terms aforefaid are rightly obierved according to 
 the true meaning of die words, it fliall be lawful for 
 the men of war of either confederate to keepup>n the 
 eoafts, and continue in die harbours of the other i 
 federate, whether for avoiding tempefb and enemies, 
 or for rendezvoufing and aiTerribling merchant fliips, 
 or any other juft caufes. But if either of the confe- 
 derates fliall think it advantageous or neceflary to en- 
 ter the ports of the other confederate with a gr- 
 number of (hips, and to enjoy the conveniences there- 
 of, he fhall fignify the fame to his confederate two 
 months beforehand, during which time the ways and 
 means of admitting the fame (hall be fettled. 
 
 VII. Whereas it is provided by the aforefaid treaty 
 at Upfal, that fatisfaclion fhould be giwn for the lofics 
 which either of the confederates or Jiis people or fub- 
 jefts fuftained from the other, or his people or fub-. 
 jects, during the war between die Republic and the 
 States of the United Netherlands, it is now agreed, 
 that three commiflioners fliall be de-legated and d< 
 ted on each fide, who fhall take cognizanc < 
 decide all diofe difputes j which commiftloncrs fhall 
 meet at London, die firft day of J anuary next, 
 the diree commiflioners abovementiuncd, ii> chokn 
 and deputed on both fides, fhall have power to take all 
 thofe tilings into their confideradon which fliall be ex- 
 hibited or propofed on both fides, and which happened 
 in the faid period, as well concerning die rcftirution of 
 he fliips or goods hidierto detained, as the fatisfaftion 
 for lofles fuftained by the detaining of the fliips of ci- 
 ther of the confederates, which are already or fliull 
 hereafter be releafed ; or if it can be conveniently done 
 in any other manner, they fhall judge of them fum- 
 " according to right and reafon, without any ap- 
 peal
 
 WITH- S W E D:E;N. ^ 
 
 peal or forms of law ; and both parties fhall make it 
 their chief bufinels and endeavour that what is juft 
 and right be tranfacled in the controversies aforefaid 
 without any delay, and that what is taken awaybere r 
 ftored, and fatisfaction performed and made fully and 
 really for the loffes and expences, according to the te- 
 nor of the 'XIHth article cf the aforefaid treaty at Up- 
 fal. But if the faid commifTioners cannot agree in any 
 reafons or foundations whatfoever of the proofs relating 
 to fuch reftitution or fatisfaction, then thofe differences 
 Ihall be left to another convention of the confederate^. 
 And that this may be done with the leaft lofs of time, 
 they Ihall ufe their endeavour to finifh the cognizanc^ 
 of all thefe matters in queftion within fix months after 
 the firft meeting j and the reftitution and fatisfaction 
 for thofe lofles fhall be made and performed fully and 
 without delay, within the fpace of a month after fen- 
 tence is pafied, by that king or ftate v/hofe fubjecl* 
 ihall be doomed to perform the fatisfaction. 
 
 VIII. The fubjefts of the faid moft Serene Lord 
 Protector and the faid republic fhall alfo hereafter en- 
 joy all the prerogatives in die feveral branches of trade, 
 which they ufed to carry on in Pniflla and Poland, or 
 clfewhere in the dominions of the faid moft Serene 
 King of Sweden, which they enjoyed heretofore, in 
 preference to other nations ; and if at any time they 
 defire farther privileges, their defires fhall be gratified 
 by all the means poffible : And if the faid moft Serene 
 King of Sweden fhall grant greater and more ample 
 privileges than the abovementioned, in Poland and 
 Pruffia, to any nation befides, or people not fubject to. 
 him, or fhall fuffer any nation or people to enjoy fuch 
 larger privileges there, then the people and citizens of 
 this republic fhall enjoy the fame privileges in all re- 
 fpects, after they have defired it of his mpft Serene 
 Royal Majefty. And moreover, if any edicts that 
 have been publifhed fince 1650, happen to be burden- 
 fome to the Englifh and Scots, dwelling or trading in 
 Poland and Priifiia, the fame fhall after this rime be 
 D 4 of
 
 40 TREATIES [1654 
 
 of no force, as far as it can be rendered fo in the do- 
 minions of the moft Serene King of Sweden ; but the 
 fubjects of the faid Lord Protector lhall hereafter be 
 entirely free from thofe burdens. 
 
 IX. As to the commerce to be carried on in Ame- 
 rica, it is exprcfsly provided by law, that the fubjech 
 of no republic befides (hall be impowered to trade 
 there in common without a fpecial licence : but if any 
 of the fubjects of the moft Serene King of Sweden, 
 furnifhed with his recommendations, (hall privately 
 Solicit fuch licence of the Lord Protector to trade to 
 any of thofe colonies whatfoever, he will in this re- 
 fpect comply with the defire of his moft Serene Royal 
 Majefty of Sweden, as far as the ftatc of his affairs 
 and of the republic will for that time permit. 
 
 X. It fhall be free for the fubje&s of the moft Se- 
 rene King of Sweden, to fifh and catch herrings anil 
 other fifh in the feas and on the coafts which are in the 
 dominion of this republic, provided the fhips em- 
 ployed in the fifhery do not exceed a thoufand in num- 
 ber : nor while they are fifhing (hall they be any ways 
 hindered or molefted ; nor lhall any charges be de- 
 manded on the account of the fifhing by the men of 
 war of this republic, nor by thofe who are commif- 
 fioned privately to trade at their own expence, nor by 
 the fifhing velfels on the northern coalb of Britain, 
 but all perfons fhall be treated courteoufly and ami- 
 cably, and lhall be allowed even to dry their nets on 
 the fhore, and to purchafe all neccfiary provifions from 
 the inhabitants of thofe places at a fair price. 
 
 XI. It is alfo agreed and concluded, that the prefent 
 treaty, and all and fingular the things therein con- 
 tained and included by the afortfaid ambafTador of 
 his faid moft Serene Royal Majefty of Sweden, and 
 the commiffioners of the moft Serene Lord Protector, 
 fhall be confirmed and ratified within four months next 
 enfumg (or fooner if poffibie) by the letters patent of 
 the faid King and Proteftor, fcaled in due and authen- 
 tic
 
 w i T H S W E D E N. 41 
 
 tic form with their great feal ; and that the mutual 
 inflruments fhall be exchanged on both fides within 
 the term aforefaid. 
 
 <The Commiffion from the mojl Swene Lord ProteRor* 
 
 OLIVER, Protector of the republic of England, 
 Scotland, and Ireland, &c. To all and fmgular to 
 whom thefe prefents fhall come, greeting. Know ye. 
 That whereas in the treaty made at Upfal between us 
 and the moft Serene and Potent Princefs Chriftina, 
 &c. fome points relating to the eftablifliment of a mu- 
 tual amity, and to the advantages of trade and navi- 
 gation, were adjourned to a more convenient oppor- 
 tunity j and whereas the moft Serene and Potent 
 Prince and Lord Charles Guftavus, &c. hath fent to 
 us as his ambaffador the moft noble Lord Chriftiern 
 Bonde, &c. veiled with full powers to tranfaft thofe 
 and other affairs ; we being entirely fatisfied of the 
 probity, fidelity, care, and prudence of our well-beloved 
 Nathaniel Fiennes, &c. Bulftrode Whitlock, &c. and 
 Walter Strickland, &c. have, by the advice of our 
 council, made, conftituted, and appointed, and by 
 thefe prefents do make, conftitute, and appoint them 
 our true and undoubted commilTioners, plenipoten- 
 tiaries, and deputies, giving and granting to them, 
 or any two of them, full authority and power, and a 
 general and fpecial command, to treat, conclude, and 
 determine with the faid lord ambaflador of the faid 
 moft Serene King, of and concern ing all the premifes, 
 under fuch regulations, heads, forms, promifes, re- 
 ftriftions, and fecurities, which they fhall think requi- 
 fite for the due obfervation of die conventions. And 
 whatfoever our faid commifiioners fhall agree and 
 conclude with the faid lord ambaflador, we promife 
 bona fide (obliging ourfelves and our fucceflbrs by 
 thefe prefents) to obferve, perform, and ratify in every 
 point, in the beft manner poflible, as if we ourfelves 
 were prefent, In witnefs whereof we have figned thefe 
 prefents with our own hand, and caufed our great feal 
 
 of
 
 44 -TREATIES [1654 
 
 of England to be affixed to them. Given at our pa- 
 lace of Weftminfter the i5th day of July, O. S. 
 Anno 1656. OLIVER, P. 
 
 <Tbe Commiffion of bis moft Serene Royal Majcjly of 
 Sweden. 
 
 WE Charles Guftavus, &c. &c. do certify and 
 make known, that whereas it is natural to thofe who 
 are in the moft fincere friendfhip, to defire that the 
 fame may be improved and increafed every day ; and 
 whereas it is for the common intereft of our kingdom, 
 and of the republic of England, Scotland, and Ire- 
 land, and of our good friend the moft Serene and moft 
 High Oliver Lord Protector of that republic, and the 
 dominions thereof, that we mould concert a clofer 
 league than what has been hitherto, cfprcially at this 
 thine, when it is very manifeft that many perfons arc 
 coitfpiring our deftruction : 
 
 We have therefore given it in command, as we do 
 by thefe prefents in the bcft form command and com- 
 miflion our well-beloved Lord Chriftiern Bonde, &c. 
 our ambaflador extraordinary, a man of known pru- 
 dence, circumfpedion, and probity, to treat, fupulate, 
 and conclude a drifter league between us, and all 
 things thereunto appertaining, with thofc perfons who 
 fhall be deputed with full powers for that purpofe, on 
 the part of the Lord Protector, and of the faid repub- 
 lic. And whatsoever our abovcnamed ambaflador 
 extraordinary Ihall tranfact, conclude, and eftabliih 
 with the plenipotentiaries of the Lord Protector and 
 of the faid republic, Ihall by us be ratified and per- 
 formed to all intents, and purpofes. In witnek and 
 confirmation whereof, we have commanded thefe prc- 
 fents, figned by our own hand, to be icaled with our 
 great fcal. Given at our palace of Stockholm die i ctJi 
 day of June, 1656. 
 
 CHARLES GUSTAVUS, 
 
 Cantberflten. 
 
 u 

 
 *- .] WIT IT -s w E-D--RN. 43 . 
 
 In witnefs of all and fingular the premifes, we the 
 commifiloners of the rnoft Serene and the moft High 
 Protector of the republic of England, Scotland, Ire- 
 :cc. by virtue of cur aforefaid commiffion, or full 
 pov.ers, have figned the prefent treaty, confifling of 
 eleven articles, with our hands, and iealed it with our 
 feals. Done at Weftminfter July 17, Anno 1656. 
 
 A Contention relating to the fecond Article in the 
 'Treaty betwixt Sweden and England. D&te a$ 
 Weftminfter July 17, Anno 1656. 
 
 WHEREAS in the fecond article of the treaty con- 
 cluded at Weftminfter, anno 1656, betwixt England 
 and Sweden, it is declared as a point agreed and rati- 
 fied by the commifTioners of the moft Serene Protec- 
 tor, and by the lord ambafiador of the moft Serene 
 King of Sweden, that onjy the goods, merchandize, 
 and other things mentioned in that article, fhpulj 
 hereafter.be deemed, as contraband, and publicly pro- 
 hibited. And whereas the moft Serene Lord Puotec- 
 tor has propofed by his commillioners, and has ftipu- 
 lated with the afarefaid ambaffador extraordinary, that 
 as Jopg as the war continues betwixt the Englifh and 
 the Spaniards, none of the goods and merchandize fol- 
 lowing (hall, under a penalty to be hereafter ex- 
 prefied, be carried from the dominions of the moft Se- 
 rene King of Sweden, to any part of die 'Spanifli do- 
 minions ; and whereas to the intent that this might be 
 granted with the more e'ale,- it .has been alfo prcpo'fed 
 that a conference ihoulcj be held for afcertaining the 
 price to be given by the Engiifh merchants, for ail 
 thofe goods which fliaii come Jrom the S\vedilh domi- 
 nions 3 and whereas die aforefaid ambaflador faid he 
 could not give his confcnt to the faid demand, becaufe 
 he had it not in - his inftru6tions from his mcft Se- 
 rene King, and therefore left it entirely to the djfcre- 
 tion of his moft Serene Majefty ; it is declared by 
 {his writing, that the faid fecond article, if the molt 
 Serene King will agree to and ratify it, fhail be only 
 ratified upon this condition, That as long as the war 
 
 continues
 
 44 TREATIES [1654 
 
 continues betwixt the republic of England and the 
 Spaniards, neither his Swedifh Majefty, nor any of 
 his people, fhall carry pitch, tar, hemp, cables, fail- 
 doth, or mafts, to any places in the dominions of Spain, 
 but on the contrary, the faid King fhall moft exprefsly 
 forbid it j and if any fuch merchandize fhall be carried 
 thither contrary to this agreement, the fame friall be 
 liable to be feized by, and forfeited to the Englifh. 
 Wherefore it is moft exprefsly provided, that if the 
 faid King fhall not content to it, then all the faid 
 fecond article relating to contraband goods (as alfo 
 the third article which depends thereupon) fhall imme- 
 diately become of no force, and the queflion relating 
 to the fpecification of contraband goods, fhall remain 
 in the flate that it was before the time there was any 
 treaty about it at London ; neverthelefs the reft of the 
 articles fhall remain in full force. And moreover, it is 
 agreed and concluded on both fides, by virtue of the 
 feveral powers granted to them, that although the pre- 
 fent article be not inferted in the faid treaty, it fhall 
 be of the fame force and virtue as die treaty itfelf. 
 Done at Wcftminfter, July 17, 1656. 
 
 Nathaniel Fiennes, (L. S.) 
 Bitlfrodc Wbitlock, (L. S.) 
 Walter Strickland, (L. S.) 
 
 [The following Treaty of 1661 is printed from 
 the Supplement to the Treaties 1772, collated with 
 the original, and freed from feveral errors.] 
 
 rbe treaty of Alliance concluded between Charles II. 
 bis Royal Majefty of Great Britain, and Charles 
 XI. bis Royal Majejty of Sweden, for the confirma- 
 tion cf their friendjhip, and for the mutual Jecurity 
 cj their dominions and trade. Done at Whitehall, 
 1661. 
 
 WE, Charles, by the grace of God, King and 
 Hereditary Prince of the Swedes, Goths, and Van, 
 
 dais,
 
 1766.] WITH S W E D E N. 45 
 
 dais, Great Prince of Finland, Duke of Schonen, 
 Efthonia, Livonia, Carelia, Bremen, Verden, Stetin, 
 Pomerania, Cafluben, and Vandalia, Prince of Rugen, 
 Lord of Ingria and Wifmar, alfo Count Palatine of 
 the Rhine, Bavaria, Juliers, Cleves, and Bergen, &c. 
 defire to make known to all and fmgular the perfons 
 whom it doth, or whom it may, in any manner what- 
 foever concern. Whereas we lately lent to England 
 our ambafTador extraordinary, as we did before him 
 our envoy extraordinary, plenipotentiaries, in order 
 to renew the antient friendfhip, and to make a mu- 
 tual league with the moft ferene and moil potent 
 Prince, our deareft brother, coufin, friend, and ally, 
 the Lord Charles the Second, by the grace of God, 
 King of Great Britain, France, and Ireland, Defender 
 of the Faith, &c. And they having in like manner 
 found a fmgular inclination in the faid King to the 
 common union and ftrict amity of the two kingdoms, 
 it came to pafs that when commifTioners were ap- 
 pointed alfo on his part, and vefted with full powers 
 to confolidate a friendfhip, and conclude a league, 
 feveral congreffes and debates were held at London ; 
 in which the negociation was fo far promoted, that 
 the following treaty, and the articles therein con- 
 tained, were agreed upon in due form. 
 
 After it had feemed good to the moft ferene and 
 potent Prince and Lord, Charles, by the grace of 
 God, King and Hereditary Prince of the Swedes, 
 Goths, and Vandals, Great Prince of Finland, Duke 
 of Schonen, Efthonia, Livonia, Carelia, Bremen, Ver- 
 den, Stetin, Pomerania, Cafluben, and Vandalia, Prince 
 of Rugen, Lord of Ingria and Wifmar, alfo Count 
 Palatine of the Rhine, Duke of Bavaria, Juliers, 
 Cleves, and Bergen, &c. to confirm and eftablifh the 
 cxercife of that moft ftrict amity and mutual com- 
 merce which has continually exifted for fo many ages 
 between the famous kingdoms of Sweden and Eng- 
 land, with new laws, efpecially at this time when the 
 moft ferene and moft potent Prince and Lord, the 
 
 Lord
 
 46 TREATIES [1654 
 
 Lord Charles the Second, by the grace of God, K 
 of Great Britain, France, and Ireland, Defend, 
 the Faith, &c. was mod happily reftorcd to his an- 
 cient kingdoms; and for that end, his afore&id Royal 
 Majefty of Sweden fent his Excellency Nicholas 
 Brahe* Senator of the Kingdom, Admiral and Couri- 
 fellor of the College of Admiralty, Count in Vifing- 
 fcurg, Lord Baron de Cajarta, Lord de Ridoboholm 
 and Seaflhegen, &c. as Ambaflador Extraordinary to 
 his Royal Majefty of Great Britain, to the end that 
 when he had performed the folemn office of congra- 
 tulation, he might put the laft hand to the treaty of 
 mutual fiiendfhip and commerce, the form and tenor 
 of which had been already fettled between the moll: 
 noble John Frederick de Frifendorf, Lord in Herdick 
 and Kirup, &c. Privy Counfellor of his Swedifh Ma- 
 jefty, and formerly commiffioned to treat of this 
 affair in quality of ambaflador extraordinary to" his 
 Sacred Royal Majefty of Great Britain, and the lords 
 trommifiioners particularly deputed to this purpofe by 
 his Sacred Royal Majefty of Great Britain. And 
 whereas his Sacred Royal Majefty of Great Britain-, 
 favouring the fame propenfioii and inclination, ib- 
 ierrthly appointed the moft noble Lords of his Royal 
 Majefty's Privy Council, viz. Thomas Ear! of 
 Southampton,. Lord High Treafurer of England, John 
 Lord Roberts, Lord Privy Seal, Edward Earl of 
 Manchefter, Lord Chamberlain of the King's Houf- 
 hold, George Earl of Norwich, Captain of the Royal 
 Band of Penfioners, Arthur Earl of Anglefey, Fre- 
 derick Lord Cornwallis, Treafurer of die King's Houf- 
 hold, Anthony Lord Afliley, Chancellor of the Exche- 
 quer, Sir George Carteret, Baronet, Yicc-Chambci lain 
 of the King's Houfhold, Sir Edward Nicholas," Knight, 
 and Sir William Morrice, Knight, two of his Ma- 
 jefty's principal Secretaries of State, to treat of this 
 affair; the ambaffador and envoy aforefaid met "th 
 and after divers confutations on both fides, the fol- 
 lowing articles were at length, by Gods. bit-fi'in a 
 
 clearly,
 
 i 7 66.] WITH SWEDEN. <# 
 
 clearly, pei fpicuoufly, and irrevocably agreed to on 
 both fides. 
 
 I. In the firft place, it is concluded and agreed, that 
 hereafter there be and remain a good, fincere, firm, 
 and perpetual peace, friendfhip, good-will, and corre- 
 (pondence, fo that both parties may carry it to each 
 other with the fmcereft love and affection. 
 
 II. The faid confederates and their dominions, {ob- 
 jects, people, and inhabitants, fhall, on all occafions, 
 take care of and promote each other's advantage; 
 and fhall alfo certify one another of any dangers threa- 
 tened, and confpiracies and machinations formed by 
 the enemies of either, and fhall oppole and hinder 
 them as far as lies in their power. Nor fhall it be 
 lawful for either of the confederates, by himfelf, or 
 by any other perfons whomfoever, to negociate or at- 
 tempt any thing to the hurt or difadvantage of the 
 other's lands or dominions whatfoever, any where, either 
 by land or fea ; nor lhall he by any means protect the 
 enemies or rebels to the prejudice of the other con- 
 federate, nor receive or admit into his dominions any 
 rebel or traitor, who fhall make any attempt againr): 
 the eflate of the other; much lefs lhall he afford them 
 any advice, aid, or countenance, or fuffer any advice, 
 afiiftance, or favour to be given them by his fubjects, 
 people, and inhabitants. 
 
 III. The faid kings and kingdoms fhall with all 
 candour and diligence take all the care poffible, that 
 the impediments which have hitherto interrupted the 
 freedom of navigation and commerce, not only be- 
 tween both nations, but alfo throughout the domi- 
 nions, countries, feas, and rivers of both, with other 
 people and nations, be removed. And they fhall finr 
 cerely endeavour to aflertj eftablifh, defend, and pro- 
 mote the aforefaid freedom of navigation and com- 
 merce on both fides, againft all difturbers of it whom- 
 foever, by the methods agreed on in this treaty, or bjr 
 fuch as may hereafter be agreed on; arid fhall' not 
 
 4 fufFer
 
 4 g TREATIES [1654 
 
 fuffer any thing to be done or committed contrary to 
 this treaty, either by themfelves or by their fubje&s 
 and people, either by their own, or any one elfe's fault. 
 
 IV. It fhall be free for both of the faid confederates, 
 and their inhabitants and fubjecls, to enter by land or 
 fea, or by any other manner of way, into the king- 
 doms, countries, provinces, territories, iflands, cities, 
 villages, towns walled or unwalled, fortified or unfor- 
 tified, harbours, dominions, or jurifdiftions whatfo- 
 ever, freely and fecurely, without any licenfe or fafe- 
 conduct, general or fpecial; and there to pafs and rc- 
 pafs, to refide therein, or to travel through the lame, 
 and in the mean time to buy provifions and all necef- 
 faries, and for hire acquire every convenience; and 
 they fhall be treated with all manner of civility. It 
 Ihall be lawful alfo for both of the confederates and 
 their fubjedb, citizens, and inhabitants, to trade, traf- 
 fic, and exercife commerce in all places wherefoever 
 commerce has been at any time hitherto ufcd, and in 
 whatfoever goods and merchandize they pleafe, pro- 
 vided they are not contraband; and they Ihall have 
 leave to import and export them at difcrction, the due 
 cufloms being always paid, and the laws and ordi- 
 nances of both kingdoms, whether relating to mer- 
 chandize or any other right, always obferved. Which 
 things being prefuppofed, the people, fubje&s, and in- 
 habitants of one of the confederates fhall have and 
 hold in the countries, lands, dominions, and king- 
 doms of the other, fuch full and ample privileges, 
 and as many exemptions, liberties, and immunities, 
 as any foreigner whatfjever doth or Ihall enjoy in the 
 faid dominions and kingdoms on both fides. 
 
 V. Neither the merchants, captains of Ihips, maf- 
 ters, mariners, or other perfons whatfoever, nor the 
 Ihips or any goods and merchandize of either of the 
 confederates, or his fubjefts or inhabitants, fhall in 
 m any public or private name, by virtue of any general 
 or fpecial edift, be feized or laid under embargo in 
 
 any
 
 1766,] WITH SWEDEN. 49 
 
 any of the countries, harbours, roads, fhores, or do- 
 minions whatfoever, of the other confederate, for th6 
 public life, military expeditions, or for any other caufe, 
 much lefs for any one's private ufe; nor be compelled 
 by any manner of violence, nor in any wife molefled 
 or injured. Provided only, that flich embargoes as 
 are agreeable to law and equity be not prohibited, if 
 they are made according to the ordinary forms of 
 law, not for the fake of indulging any one's private 
 refentment, and are indiipenfably neceffary for the 
 adminiflration of right and juilice. 
 
 VI. But if one or more fhips of either of the con- 
 federates, their fubjeclis, citizens, or inhabitants, whe- 
 ther Ihips of war or private merchantmen, are drove 
 by florins, pirates, enemies, either public or private, 
 or other urgent necefiity, into the harbours, havens, 
 or upon any of the coafts whatfoever of the other con- 
 federate, they fhall be received courteoufly, and with 
 all civility, and enjoy friendly protection without being 
 in any refpeft hindered from the means of refitting 
 entirely, and from purchafmg whatever they want fcr 
 their provifion, repair, and conveniency, at the mar- 
 ket price. Nor fhall they on any account be prohi- 
 bited to depart in like manner from fuch port and 
 haven when they pleafe, without paying the duties 
 and cuftoms; fo long as nothing be done or com- 
 mitted contrary to tne flatutes and ordonnances of the 
 place to which the faid fhips fhall be carried, or where 
 they fhall flay. 
 
 VII. For the like reafon, if any one or more fhips,, 
 public or private, of either of the confederates, or 
 his fubjec~ls and inhabitants, have run afhore, been cafi 
 away, or (which God forbid) fuffered any wreck, or 
 lofs whatfoever, or fhall fuffer any hereafter, the fuf- 
 ferers fhall be kindly and friendly relieved, and have 
 fuch afliflance for a reafonable hire, that whatfoever 
 remains of the lofs, wreck, or other damage, may be 
 prefervcd and reftored to the owners and proprietors; 
 
 . VOL. I, E provided
 
 50 TREATIES [1654 
 
 provided they or their attornies or proftors lay daim 
 to the faid fhips and goods within twelve months 
 after the wreck happened} faving always the laws and 
 cuftoms of both nations. 
 
 VIII. That if the fubjefts and inhabitants of either 
 of the confederates, whether they be merchants with 
 their factors, iervants, captains, and matters of (hips, 
 manners, or whether they are travellers or refnlents in 
 the dominions of the other confederates, or agents in 
 their name in any court of jnftice, either for the reco- 
 very of their debts, or other lawful reafons, if they 
 want the afiiftance of the magiftrates they fhall have 
 it with fpeed, and according to the equity of the caufe, 
 and juftice fhall be adminiftered without tedious and 
 unnecefiary delays. They lhall in no fort, nor under 
 any pretence, be hindered, but find all the moft 
 friendly offices in the difpatch of their affairs, in the 
 purchafe and fale of goods, in the payments to be 
 made for them, and hire to be given, and in ]>erform- 
 ing their jourriies. It (hall alfo be free fof them on 
 both fides, as they pafs, repafs, or walk on the fhorcs, 
 or to and from the fhips, harbours, and public p! 
 
 of either confederate, to carry arms in their own 
 defence i provided they do not give the governors 
 magiftrates of anyplace whatfoever, any juft fufpicion 
 that they are in a plot againft the peace of the public, 
 or of private pe*rtons. Arid wliofoever behaves mo- 
 deftly, lhall in a fpecial manner be pfofecled from all 
 injury, violence, and trouble. 
 
 IX. It fhall be lawful for the faM confederates, and 
 the people and {objects of both, to buy and export out 
 of the refpeftive countries, dominions, and kingdoms 
 of either, all manner of arms and military equipage, 
 and fafely and freely to navigate or carty their (hi 
 
 any ports, Ravens, and fnores of either, tliere to ftay, 
 and thence to depart: provided they behave modcflly, 
 peaceably, and agreeably to the laws and cuftoms of 
 each place, and do aot in any reTpcft hinder the free* 
 
 Uorn
 
 1766.] WITH SWEDEN. 51 
 
 dom of commerce. In like manner, men of war and 
 guardfhips fhall have free accefs to the ports, havens, 
 or rivers, of the other confederate; and it fhall be free 
 for them to caft anchor, flay, and depart from thence 
 without any injury or moleftation, provided thefe con- 
 ditions are obferved: 
 
 1. That the fquadron to be carried into the harbour 
 of the confederate, (hall not exceed the number of five 
 or fix fhipi, without giving notice thereof beforehand. 
 
 2. That the commander of the fquadron, and fhips, 
 lhall without delay exhibit his letters of fafe-condut 
 to the governor or magiltrate of the cattle, fort, city, 
 or province, wherefoever they arrive, and give notice 
 of the reafon of his coming, and for what end, and 
 how long he defigns to ftay in that port or haven. 
 
 3. That fuch fhips fhall not come or ftay nearer to 
 thofe forts than is convenient. 
 
 4. That the mariners, fhips' companies, and foldiers, 
 fhall not go alhore in bodies above forty at a time, nor 
 in any number that may give fufpicion. 
 
 5. That while they are there, they fhall not do any 
 damage to any perfon, not even to their enemies ; and 
 above all, fhall not flop or obftruct the paffage of any 
 merchant-fhips whatfoever, into or out of the har- 
 bour. 
 
 6. That they fhall not go out of the haven for 
 the fake of infefting the navigation of any nation 
 whatfoever. 
 
 7. That they fhall in all refpects live and behave 
 modeftly, and conformably to the laws and cufloms of 
 eyery place, and fpecial regard to the reciprocal friend- 
 fhip between the confederates. If either of the con- 
 federates fhall think it advantageous, or necefTary, to 
 enter the ports of the other confederate with a greater 
 number of (hips, and to enjoy the conveniences there- 
 of, he fhall fignify the fame to his confederate two 
 months beforehand, during which time, the ways and 
 means of admitting the fame fhall be fettled; but if 
 die fhips. of either are drove into die ports of the 
 
 E a other,
 
 5 a TREAT 'I ES [1654 
 
 other, for avoiding tempefts or enemies, in fuch cafe 
 the reafon of their coming lhall be notified to the 
 governor or chief magiftrate of the place, nor fhall 
 they flay there longer than the time granted by the go- 
 vernor or chief magiftrate j a regard being always had 
 to the laws and conditions aforefaid in this article. 
 
 X. It fhall be lawful for any of the fubjefts and 
 inhabitants of Sweden whatfocver, to travel in England 
 and all the dominions thereof, and to pafs through the 
 fame by land or fea at pleafure, to any other nations 
 whatfoever, and to inftitute commerce with them, and 
 freely to traffic in all kinds of merchandize, and the 
 fame to carry thither and export from thence ; and the 
 fubjefts of the King of Great Britain fhall enjoy the 
 fame liberties in the kingdoms, dominions, and terri- 
 tories of the King of Sweden, on condition that the 
 laws, ordonnances, and peculiar prerogatives of every 
 nation, relating to commerce and merchandize, be ob- 
 ferved on both fides. 
 
 XI. Although the foregoing articles of this treaty, 
 and the laws of friendship do forbid, that eidier of the 
 confederates fhall give aid and fupplies to the enemies 
 of the other, yet it is by no means to be under- 
 ftood that that confederate, with his fubjefts and inha- 
 bitants, who is not a party in war, fhall be denied the 
 liberty of trade and navigation with the enemies of that 
 confederate who is involved in fuch war; provided 
 only that no goods called contraband, and efpecially 
 money, no provifions, nor arms, nor bombs with their 
 fufees and other appurtenances; no fire-balls, gun- 
 powder, matches, cannon-ball, fpears, fwords, lances, 
 pikes, halberts, guns, mortars, petards, grenadoes, muf- 
 Xet-refts, bandaliers, falt-petre, mufkets, mufket-bullets, 
 
 , helmets, head-pieces, breaft-plates, coats of mail, com- 
 monly called cuirafTes, and the like kind of arms, nor 
 troops,, horfes, or any thing neceflary for the equip- 
 ment of cavalry, nor piftols, belts, or any other in- 
 itruments of war, nor Jhips of war, and guard-ihips, 
 
 be
 
 1766.3 WITH SWEDEN. 53 
 
 be carried to the enemies of the other confederate, 
 under the penalty, that if either of the confederates 
 fhall feize the fame as a booty, the fame fhall be ab- 
 folutely retained. Nor fhall either of the confede- 
 rates "permit that the rebels or enemies of the other 
 be aflifted by the endeavours of any of his fubjefts, 
 or that their fhips be fold, lent, or in any manner made 
 ufe of by the enemies or rebels of either, to his dif- 
 advantage or detriment. But it fhall be lawful for 
 either of the confederates, and his people or fubjecls, 
 to trade with the enemies of the other, and to carry 
 them any merchandize whatfoever (excepting what is 
 above excepted) without any impediment; provided 
 they are not carried to thofe ports or places which are 
 befieged by the other, in which cafe they fhall have 
 free leave either to fell their goods to the befiegers, or 
 to repair with them to any other port which is not be- 
 fieged. 
 
 XII. For the evading of all fufpicion and collufion, 
 left the free navigation or intercourfe of one of the con- 
 federates and his fubjects, and inhabitants by land or 
 fea, with other nations, while the other confederate is at 
 war, fhould be carried on to the prejudice of the other 
 confederate, and left the enemies goods and merchan- 
 dize fhould be concealed under the difguife of the goods 
 of friends, it is ftipulated that all fhips, carriages, wares, 
 and men, belonging to the other of the confederation, 
 fhall be furnifhed in their journies and voyages with 
 fafe-condufb, commonly called pafTports and certifi- 
 cates, fuch as are underwritten, verbatim, figned and 
 fubfcribed by the chief magiftrate of that province and 
 city, or by the chief commifTioners of the cuftoms and 
 tolls, and fpecifying the true names, of the fhips, car- 
 riages, goods, and mafters of the veffels, as alfo the 
 exact dates, together with other defcriptions of that fort, 
 as are exprefied in the following form of a fafe-conduct 
 and certificate. Wherefore if any perfon fhall affirm, 
 upon the oath by which he is bound to the King, ftate, 
 3 or
 
 54 TREATIES [1654 
 
 or city, that he has given in true accounts, and be con- 
 vifted on fu/ficient proof, that any fraud has been con- 
 cealed under his affirmation, by liis confent, he (hall be 
 feverely puniihed as a tranfgreflbr of die liiid oatii. 
 
 We N. N. governor or chief magiftrate, or the 
 commiflioners of the duties and cuftoms of the city 
 or province of N. [the title or office of the refpective 
 government of that place being added] do make known 
 and certify, that on the * day of the month of 
 in the year of N. N. N. citizens and inhabi- 
 
 tants of N. and fubjects of his Sacred Royal Majefty of 
 Sweden, or of his Sacred Royal Majefty of Great Bri- 
 tain, perfonally appeared before us in the city or town 
 of N. in the dominions of his Sacred Royal Majefty of 
 Sweden, or of his Sacred Royal Majefty of Great Bri- 
 tain, [as the cafe fhall happen] and declared to us upon 
 the oath by which they are related and bound to our 
 Moft Gracious Sovereign, his Sacred Royal Majefty of 
 Sweden, and to our city, or to his Sacred Royal Ma- 
 jefty of Great Britain, and to our city, that the (hip or 
 veflel called N. of about lafts or tons, belongs 
 
 to the port, city, or town of N. in the dominions of A r . 
 and that the faid fhip does rightfully belong to him or 
 other fubjefts of his Sacred Royal Majefty of Sweden, 
 or his Sacred Royal Majefty of Great Britain, that flie 
 is bound direftly from the port of N. to the port of 
 N. laden with die following merchandize, viz. [here 
 fhall be fpecified the goods, with their quantity and qua- 
 lity i for example, about fo many chefts or bales, about 
 fo many hogfheads, &c. according to the quantity and 
 condition of the goods] and affirmed on the oath afore- 
 laid, that the faid goods and merchandize belong only 
 to N. one of the fubjeds of his Sacred Royal Ma- 
 jefty of Great Britain ; or to N. of TV. TV. N. [or ex- 
 prefling whatever other nation they are fubjecls of] 
 ^nd that TV. TV. TV. declared upon their faid oath, that 
 the faid goods above fpecified, and no others, aro 
 already put on board, or are to be put on board the 
 abovenamed (hip for the faid voyage, and that no part 
 J of
 
 1766.] WITH SWEDEN. 55 
 
 of thofe good? belongs to any other perfon whatfo- 
 ever but thofe aboveraentioned ; and that no goods 
 are difguifed or concealed therein by any fictitious name 
 whatfoever, but that the wares abovementioned .are 
 truly and really put on board for the ufe of the faid 
 owners, and no others, and that the captain of the faid 
 fhip named TV. is a citizen of the city of N. Therefore, 
 whereas after ftrift examination by us [the governor 
 or chief magiftrate or commifiloners of the duties and 
 cuftoms of the city aforefaid] it fully appears that the 
 faid fhip or veflel, and the goods on board the fame, 
 are free, and do truly and really belong to the fubjects 
 of his Sacred Royal Majefty of Sweden, or of his 
 Sacred Royal Majefty of Great Britain, or to the in- 
 habitants of other nations as aforefaid, we do mofb 
 humbly and earneftly require it of all and fingular 
 the powers by land and fea, kings, princes, republics, 
 and free cities, alfo of the generals of armies, adr- 
 mirals, commanders, officers, and governors of ports, 
 and all others to whom die cuftody of any harbour or 
 fea is committed, which happen to meet this ihip in her 
 voyage, or if fhe chance to fall in, among, or pals 
 through their fquadrons, or to ftay in their harbours, 
 that for the fake of the treaties and friendfhip which 
 fubfift refpe&ively between them, or whoever are his 
 fuperiors, and his Sacred Royal Majefty our Moft 
 Gracious Sovereign the King of Sweden, or his Sacred 
 Royal Majefty our Moft Gracious Sovereign the King 
 of Great Britain, that they will not only permit the faid 
 captain with the fhip N. and the men, goods, and mer- 
 chandize to her belonging, to prolecute her voyage 
 freely, without lett or moleftation, but alfo, if he think 
 fit to depart out of the faid harbour elfewhere, that 
 they will fhew all kind offices to him, and his fhip, 
 as a fubjecl: of his Sacred Royal Majefty of Sweden, 
 or of his Sacred Royal Majefty of Great Britain, as 
 they fhall in like manner experience the fame from his 
 Sacred Royal Majefty of Sweden, or from his Sacred 
 Royal Majefty of Great Britain, and from allhisminif- 
 E 4 ters
 
 56 TREATIES [1654 
 
 ters and fubjefts, in the like, or any other cafe. In 
 witnefs whereof we have taken care that thefe prefenrs, 
 figned by our ov/n hands, be fealed with the feal of our 
 pity. Given, &c: 
 
 Therefore, when the merchandize, goods, fhips, or 
 men, of either of the confederates, and his fubjefts 
 and inhabitant, fhall meet, or be met in the open fea, 
 ftreights, in harbours, havens, countries, or other places 
 whatfoever, by men of war or privateers, or by the 
 fubjects and inhabitants cf the other confederate, after 
 producing only their fafe- conducts and certificates 
 atc/refaid, nothing farther fhall be demanded of them, 
 no enquiry whatfuever fhall be made into the goods, 
 Ihips, or men, much lefs fhall they be injured, da- 
 maged, or molefted, but lhall be freely let go to pro- 
 fccute their voyage and purpofe. But if this lolcmn 
 and ftated form of the certificate be not produced, or 
 there be any other juft and urgent caufe of fufpicion, 
 then this fhip ought to be feSrched, which fhall only be 
 deemed juftifiable in this cafe, and not othenviie. If 
 any tiling be done by either party contrary to the ge- 
 nuine meaning of this article, both of the confederates 
 fhall take care that die fevereft punilhment, due to the 
 mofl heinous crimes, be infli&ed on fuch of his fub- 
 jects and inhabitants as are die offenders, for their con- 
 tempt and tranfgreflion of the Royal commands; and 
 that plenary and immediate fatisfaclion be made to the 
 injured confederate, his fubjcds and inhabitants, { r 
 all lofs and expences. 
 
 XIII. Neither of thefe confederates fhafi fufTcr the 
 .Ihips, veflels, goods, or merchandize of the other, or 
 pf his people or fubjefts, which are taken at fea, or 
 elfewhere, by enemies or rebels, to be brought into his 
 ports and dominions, but fhall publiely forbid any 
 thing of that kind to be done. And 'if any fhips, 
 vefiels, goods, and merchandize of either, or his people 
 pr fubjcds taken at fea, or elfewhere, fhall be c. 
 into the ports or countries of the other, by any enemy 
 
 or-
 
 1766.] WITH SWEDEN. $7 
 
 or rebel of the confederates, or either of them, fuch 
 confederate Ihall not fuffer the fame, or any part 
 thereof, to be fold in that port, or any other place in 
 their dominion ; but fhali take care that the mafter of 
 the fhip, or veflel, fo taken, as allb the mariners and 
 paflengers, fhall, as, loon as they arrive, be immedi- 
 ately fet at liberty, together with as many prifoners, 
 fubjects of either kingdom, as Ihall be brought thi- 
 ther; nor fhall he permit the faid fhip and vefTel to 
 flay in that harbour, but fhall command the faid fhip, 
 with her goods, merchandize, and lading, immediately 
 to leave the port. Provided nevertheless, that nothing 
 in this article be turned to the prejudice of the alliances 
 formerly entered into by either of the confederates with 
 other nations ; and where thefe things do not interfere, 
 the above article fhall remain in full force. 
 
 XIV. If it fhall alfo happen hereafter, while this 
 friendlhip arid alliance fubfifts, that any of the people 
 and fubjecls of either of the confederates does or en- 
 deavours any thing contrary to this treaty, or any part 
 thereof, by land, fea, or in any waters, this friendfhip, 
 treaty, and covenant, between the faid confederates, 
 fhall not on that account be interrupted or difiblved, 
 but fhall neverthelefs continue and remain entire. And 
 thofe private perfons only fhall fuffer punifhment who 
 Ihall violate this treaty; and they who receive injury, 
 fhall have right and juilice adminiftered, and fatisfac- 
 tion made to them for all their lofs and injury, within 
 twelve months after the demand of fuch reftitution. 
 But if fuch delinquents and perfons, guilty of the vio- 
 lence committed, lhal,! refufe to appear and fubmit to 
 juftice, or to make fatisfaction within the term afore- 
 faid, whoever they are, they fhall be renounced as 
 enemies of both ftates, and their fubftance, goods, 
 and poffeflions, what and how great foever they are, 
 fhall be forfeited and expofed to fale, towards making 
 full and juft fatisfaction for the injuries which they have 
 /committed - 3 and the offenders themfelves, when they 
 
 com-
 
 5 | TREATIES [1654 
 
 come into the jurjfluftion of either (hie, (hall, more- 
 over, iiiflcr condign puniflimcat according | 
 tyre of the crime. 
 
 XV. The prefcnt treaty and confederacy {hail de- 
 rogate nothing from any pre-eminence, law, and donrl- 
 nion wjiatfoever of cipher of the confederates, in any 
 of their fcas, firths, .and waters whatsoever, but they 
 fhall have and hojd the fame in as arnpfc a manner as 
 they have hitherto enjoyed them, and as to them cf 
 right appertains. 
 
 XV J. Whereas, therefore, if is the prwi'f*a cm! cf 
 
 this treaty, that fucli a freedom of i- an<J 
 
 commerce as is dx-fciiW tn die foragpiflg fui 
 be and remain on both fuks, to froth tijc c/Milcxlt-ratcs, 
 their fubjefts *nd inhabitants, i^ rf> Pfi 
 the Northern, Weftern, Britiib, and Mcui 
 feas, and the Channel, and all die other fcas of 
 rope, both fides IhaU fincerely contribute their joint 
 advice, aid, and affiftance, that the faid mutual freccLm 
 of oavigation and commerce may be eftablifhed in all 
 the faid feas and firths, and (if the/e be occafion) that 
 k be defend^ aojainft all difturbers who lhall offer to 
 interrupt, prohibit, hinder, or ccmftrajn it for their own 
 pleafure, and for the lake cf injuring the confederates : 
 and both of the fajd confederates (haH, in the moft c 
 ttou6 manner, fheyr rfiejr good-will and readinefs for 
 promoting ,ri\e advantages, aj^d kflening the inconve- 
 niences of the other confederate ; faving ncverthclrfs, 
 thofc treaties heretofore entered into by both nations 
 with other kingdoms, republics, and ftatcs, v. 
 fliall fubfift in fiili force. But hereafter neither of the 
 confederates lhalj by any means enter into a treat}-, or 
 make any contract: with other foreign nations and people 
 wharfbever, to the prejudicp of the prefent treaty in 
 any rdpe.clr, without the previous knowledge and con- 
 fcnt of the other confederate : and if any thing be 
 ctherwife ftipulated hereafter with others, it fhall be 
 
 reckoned 

 
 *766.] w i T H S W E D E N. 59 
 
 reckoned null and void, and altogether give place to 
 this mutual convention. 
 
 XVII. Andthefe things which we have agreed to in 
 the foregoing articles, fhall immediately from this in- 
 ftant be in full force, and fmcerely and duly obferved by 
 both parries, and by all perfons who are engaged to 
 either by obedience, duty, and allegiance. And to the 
 end that the faid articles may be and remain the more 
 ftable and firm hereafter, they fhall within the fpace of 
 fix months be figned, fealed, and ratified, by the hands 
 and feals of our Mod Gracious Sovereign his Sacred 
 Royal Majefty of Sweden, and his Sacred Royal Ma- 
 jetty of Great Britain. 
 
 In witness and confirmation of all and fingular the 
 premifes, the prefent treaty has been figned and 
 fealed with the hands and feals of the Ambaffador 
 Extraordinary of his Sacred Royal Majefty of 
 Sweden, and alfo of his Envoy. Done at White- 
 hall, die 2 1 ft day of October, 1 66 1 . 
 
 Nicholas Braht -, (L. S.) 
 J.-F. aFrifendmf, (L. S.) 
 
 We, therefore, Charles, by the grace of God King 
 and Hereditary Prince of the Swedes, Goths, and Van- 
 dals, Great Prince of Finland, &c. have commended, 
 approved, and ratified, as we do by thefe prefents 
 commend, approve, and ratify, in the befl manner, the 
 articles above expreffed and inferted in the inftrument 
 of the treaty, as made in purfuance of our com- 
 mands ; promifing on our Royal word, and in the 
 name of ourfelves and the Kings our fucceflbrs, that 
 we will inviolably, and bond fide obferve and perform 
 them, and that we will not fufFer them to be violated 
 in any meafure, by our own fubjefts or others whom- 
 foever. In witnefs whereof we have commanded thefe 
 prefents, figned by our moft honoured and dear Mo- 
 ther, and by our other Adminiftrators refpeftively, to 
 
 be
 
 &> TREATIES [1654 
 
 be fealed with our great fcal. Done at Stockholm, 
 anno 1661. 
 
 Hedwig Elecnora, (L. S.) 
 Peter Brabe y Count in Vifingburg, Droflart of 
 
 the kingdorh of Sweden. 
 Magnus Gabriel de la Gar die, Chancellor of the 
 
 kingdom. 
 
 Guftavus BaneriuS) Deputy Marfhal of the king- 
 dom. 
 
 Claudius Bielkenjiiei-na> Vice Admiral of the king- 
 dom. 
 Guftavus Bondtj Treafurer of the kingdom. 
 
 [The following Treaty of 1766 is printed from an 
 authentic copy.] 
 
 AU nom de la trcs Sainte Trinitc. Letirs Majdles 
 le Roi de la Grande Bretagne et le Roi de Suede 
 ifayant ri?n de plus a cceur que de cimenter et 
 d'affermir de-plus en plus entr'elks leurs Royaumes et 
 Sujets, cette ancienne amide et confiance fmcere qui 
 depuis les terns les plus recules a toujours fubfiilc en- 
 tre leurs Couronnes et leurs Sujets, et de contribuer en 
 tout ce qui depend d'elles a des vues aufli falutaires 
 que cclles qui ont toujours fait la bafe de leurs liai- 
 fons, kurs Majeftes ont jiigc a-propos de nommer et 
 d'autorifer leurs Commiftiires refpeftifs : Savoir, de la 
 part de Sa Majefte le Roi de la Grande Bretagne, fon 
 Envoye Extraordinaire a la Cour de Suede M. le Che- 
 valier Jean Goodricke, Baronet d'Angleterre ; et de la 
 part de Sa Majefte le Roi de Suede, Son Excellence M. 
 le Comte Charles Guftavc de Lowenhielm, Senateur 
 du Roi ct du Royaume, Prefident du Confeil Royal de 
 la Chancellerie, Chancclier de PUniverfite de Lund, 
 Chancelier, Chevalier et Commandeur des Ordres du 
 Roi ; Son Excellence M, le Baron Charles de Lagen- 
 berg, Senateur du Roi et du Royaume, Prefident de 
 Ja Commiflicn N m h-tique, Chevalier ct Comman- 
 des Ordres du Roi ; Son Excellence M. le Baron 
 
 ? Frederic
 
 1766.] WITH S W E D E N. 6* 
 
 Frederic Friefendorff, Senateur du Roi et du Roy- 
 aume, Confeiller du Confeil Royal de la Chancellerie, 
 Chevalier et Commandeur des Ordres du Roi ; Son 
 Excellence M. le Comte Adam de Horn, Senateur 
 du Roi et du Royaume, Grand Marechal de la Cour, 
 Chevalier et Commandeur des Ordres du roij Son 
 Excellence M. Axel de Lagerbielcke, Senateur du Roi 
 et du Royaume, et Commandeur de 1'Ordre de 1'Epee; 
 comme aufii M. le Baron Joachim de Dieben, Se- 
 cretaire d'Etat, Chevalier de 1'Ordre de PEtoile du 
 Nord, et Secretaire des Ordres du Roi, et M. Charjes 
 de Lagerflycht Confeillier du Confeil Royal de la Chan- 
 cellerie j lefquels, apres avoir reciproquement commu- 
 nique et echange leurs pleins pouvoirs, font convenus, 
 an nom et de la part de leurs fufdites Majeftes, des 
 articles fuivans d'un traite d'alliance et d'amitie. 
 
 I. Les deux hauts Allies s'engagent, pour eux, leurs 
 heritiers et fuccefTeurs, et leurs Sujets refpedtifs, de 
 vouloir, comme de bons et fideles amis et allies, fe 
 procurer mutuellement tout le bien, avantage et con- 
 fideration poflible, et de contribuer de Tun cote et de 
 1'autre a tout ce qui pourra fervir a reflerrer de plus 
 en plus les noeuds d'une amitie fincere et permanente. 
 
 II. Les Sujets des deux Puiflances jouiront reci- 
 proquement, dans les royaumes, ports, rades, rivieres, 
 &c. de 1'une et de Pautre, de tous les droits, avanta- 
 ges et immunites dont jouhTent ou pourront jouir ci- 
 apres les nations les plus favorifees, excepte dans le 
 cas contenu dans le 3 mc article du traite prelimi- 
 naire de commerce conclu entre les couronnes de 
 Suede et de France, le ^ d'Avril 1741, concernanc 
 les droits a payer dans le port de Wifmar. 
 
 III. Ce traite d' amitie ne tendra a TofFenfe de 
 qui que ce foit, et encore moins a celle des amis et 
 allies des hauts contractans, mais fervira uniquement 
 a fortifier et a confolider 1'amiti^ et la confiance re- 
 ciproque- entre les deux Rois, de meme que la tran^ 
 quillite et le bien-etre de leurs Royaumes et Sujets 
 
 JV. Et
 
 52 TREATIES [1646 
 
 IV. Et afin que cette alliance d'amitic pujfie con- 
 tribuer de plus en plus au bien, a 1'ayantage ct a la 
 fiirete des deux Couronnes, leurs Majeftes ie concer- 
 teront entre elles, lorfque le terns et les conjonftures 
 le pcrmettront, fur dci> engagements ukcrieurs rela- 
 tivement a leurs interets refpeftifs. 
 
 V. En* attendant, leurs Majeftes, les Rois de la 
 Grande Bretagne et de Suede, s'engagcnt egalement, 
 comme de fideles amis et allies, de fe preter rcci- 
 proquement tous les bons offices qiic les cii 
 ftances pourroicnt exiger pour la iurete de leurs Roy- 
 aumes, Pays, Pofleflions et Sujcts en Europe. 
 
 VI. Ce traitc fera ratirle par leui-s Majeftes, le Roi 
 de la Grande Bretagne et le Roi de Suede, et les ra- 
 tifications feront echangees dans deux mois, ou plu- 
 tot, fi faire fe peuc. 
 
 En foi de quoi nous avons, en vertu de nos pkins 
 pouvoirs, figne les articles ci-defl*us, et y avons ap- 
 pofc les cachets de nos armcs. Fait a Stockholm k 
 5 B)e de Fevr. 1766. 
 
 J. Goodrickc, (L. S.) Carl. Guftaf Lowenbielm, (L. S.) 
 
 Carl. Lager.bcrg, (L.S.) 
 
 Fred. Friefcndorff, (L. S.) 
 
 Ad" Honi e > (L. S.) 
 
 A. LagerbieUle, (L.S.) 
 
 J. ^n Ditben, (L. S.) 
 
 C Lagtrfocbt, (L. S.)
 
 i7Sc.j WITH DEfrMAR'K. 63 
 
 D E N M A R K. 
 
 1 640. 'TT^ H E treaty of commerce, and coneern- 
 
 21 Apr. .1 ing the duties in the Soimti, between 
 
 Charles I. King of Great Britain, and Chrif- 
 
 tian IV. King of Denmark, concluded at 
 
 Flenfburgh. 
 
 Pap. Of. F. 5. 
 
 Board of tfrade. treaties. 
 
 1654. The treaty of peace and alliance between 
 1 5 Sept. Oliver Cromwell, and Frederick III. King 
 of Denmark, concluded at Weftminfter. 
 Tfeet. 1732, vol. iii. p. 136, 
 Treaf. ij%$> vol. i. p. 75. 
 
 de Paix, torn. iii. p. 664. 
 
 1665. The treaty of commerce between Charles 
 29 Apr. II. King of Great Britain, and Frederick 
 III. King of Denmark, with tire fecret ar- 
 ticle. Pap. Off. F . 6. 
 
 1665. The treaty of offenfive and defenfive al- 
 i $ OcU liance between Great Britain andJDenmark, 
 concluded at Copenhagen. 
 Pap. Of. F* 7. 
 
 1670. The treaty of alliance and commerce be- 
 1 1 July, tween Charles II. King of Great Britain, 
 and Chriftiari V. King of Denmark. 
 Pap. Off. F. 8. 
 
 1690. The treaty of defenfive allknse between 
 ^ Nov. Great Britain-, Denmark, and the States Ge- 
 neral, with the fecret amclss, concluded at 
 Copenhagen. 
 
 Pap. Of. t. io.
 
 64 TREATIES [1640 
 
 169$. A provifional treaty of navigation and 
 10 June, commerce between Great Britain and Den- 
 mark. Pap. Off. F. n. 
 
 Board of <Trade 3 F. 6a 
 
 1696. The treaty between Great Britain, Den- 
 3 Dec. mark, and the States General, with the fe- 
 cret articles, concluded at the Hague. 
 Pap. Off. . 15. 
 
 1701. The treaty between Great Britain and the 
 
 1 5 June. States General on the one part, and Den- 
 
 mark on the other, with the fecret article, 
 concluded at Copenhagen. 
 
 Pap. Off. F. 1 6. 
 
 Rou/et's Suppl. Corps Diplomatique 
 torn. ii. part i> p. 6. 
 
 1720. The King of Denmark's order about the 
 ft4june. diftribution of wreck in the territories of 
 Denmark. 
 
 Pap. Off. F. 22. 
 
 1727. The treaty of mutual defence between 
 
 1 6 Apr. Great Britain, Denmark, and France, con- 
 
 cluded at Copenhagen, with the feparate and 
 fecret articles. 
 
 Pap. Off. F. 24. 
 
 Rouffet's Recuell Hijlorique, torn, 
 iv. p. 244. 
 
 'Treat. 1732, vol. iv. p. 167. 
 
 Treat. 1785, vol. ii. p. 295. 
 
 1734. The treaty between Great Britain and 
 30 Sept. Denmark, with the fecret articles, concluded 
 at Weftminfter. 
 
 Pap. 0/.F.26. 
 
 1739- The treaty between Great Britain and 
 14 Mar, Denmark, with the fecret articles, concluded 
 at Copenhagen. 
 
 Pap, Off. F, 27.
 
 1780.] WITH D E N M A R K. 65 
 
 ^e Treaty of Peace and Alliance between Frederick 
 III. King ^Denmark, and Oliver Cromwell, Pro- 
 teftor of the Republic of England. Done at Weft- 
 minfter, Sept. 15, 1654. 
 
 WHEREAS the moft Serene and Potent Prince 
 and Lord, the Lord Frederick III. by the grace of 
 God, King of Denmark, Norway, the Vandals and 
 the Goths, Duke of Slefwic, Holftein, Stormar, and 
 "Ditmarih, Earl of Oldenburg and Delmenhorft, con- 
 fidering die many great ties of friendfhip and allian- 
 ces, by which die Danifh and Engliih nations have 
 been engaged to each other for fo many ages paft, and 
 how convenient and necefiary it is in every relpect, 
 that this friendihip and confederacy fhoulcl be corrobo- 
 rated and increaled by farther reciprocal offices of 
 friendfhip, did, for that end, fend the noble Lord 
 Henry Williamfon Rofenwinge, governor of the mo- 
 nafteiy of Draxe Marchienfis, and his extraordinaiy 
 deputy, to the moft Serene Lord Oliver the Protec- 
 tor, and to the republic of England, Scotland, and 
 Ireland ; who, out of a defire and affection to concur 
 to t)ie fame purpcfe, and to remove every impediment 
 which might obftruct the prefervation of a fmcere and 
 mutual friendihip, and in any wife hinder the promot- 
 ing of commerce on both fides, has been pleafed to 
 give it in charge to us the underwritten privy coun- 
 fellors of his Highnefs, to treat with the faid" lord 
 deputy ; and by virtue of our commifiions exhibited 
 on both fides, and feveral conferences held from one 
 time to another, we have at length agreed and con- 
 cluded the following articles. 
 
 . I. That from this day, there fhall be a firm, entire, 
 and ilncere friendihip, peape, and confederacy, as well 
 by land as by fea, and on the rivers, between the King 
 and kingdom of Denmark and Norway, and the Pro- 
 tector and republic of England, Scotland, and Ireland, 
 and the dominions, countries, and cities under both 
 their dominions, and the people, inhabitants^ and fub- 
 VOL. I. ' F jefts
 
 66 TREATIES [1640 
 
 jects of each, of what rank and dignity focvcr they be; 
 fo that neither party lhall by themfelves or others, do 
 any thing direcliy or indirectly, or, as far as lies in 
 their power, fuffer any thing to be done, to the lofs or 
 detriment of the other, but the one fhall afM the other 
 with all good offices, and promote the advantage and 
 benefit of the other to their utmoft. 
 
 II. That there fhall be a trade, navigation, and free 
 commerce between the fubje&s of the King of Den- 
 mark and Norway, and the people of the republic of 
 England, in the kingdoms, dominions, countries, pro- 
 vinces, emporiums, and harbours of either, according 
 to the regulation which is hereafter more clearly ex- 
 plained. And the magiftrates, and other governors 
 and officers of places, fhall ufe their greateft diligence 
 that the fame may be ufed and enjoyed on both fides, 
 freely and fecurely, without any let or moleflation. 
 
 III. The people, fubjefts, and inhabitants of both 
 the confederates, of whatsoever degree or condition, 
 (hall treat one another in all things courteously and 
 amicably, fo that whenever they pleafc, they may have 
 free accefs by land or water to each ether's countries, 
 territories, towns walled or unwalled, fortified or not 
 fortified, harbours, and dominions ; and there, without 
 any impediment, buy what provifions they want for 
 theitfufe, excepting thofe colonies, ifiands, harbours, 
 and places under the jurifdiction of either, to which 
 navigation or trade is prohibited, without fpecial leave 
 or licenfe firft obtained from the other party to which 
 fuch colonies, iflands, harbours, and places belong. 
 But in all other places, it fhall be entirely free for both 
 nations to trade and traffic in whatfoever merchandize 
 they fhall think fit, and the fame to carry, fell, or ex- 
 port when and whither they pleafe ; provided they pay 
 the cuftoms, and faving all the laws and ftatutes of 
 cither's dominions. 
 
 IV. That all offences, difputes, and controverfies, 
 arifen between the King of Denmark and the republic 
 
 of
 
 17*0.] WITH DENMARK. /&7 
 
 of England, or done and committed by either party, 
 or the people and fubjects of either, by reafon or on 
 account of the detaining of any Englifh Ihips, together 
 with their lading, in the Sound, fmce the i8th of Sep- 
 tember, 1652, fhall, by virtue of this treaty, ceafe, 
 and be condemned to perpetual oblivion, in fuch man- 
 ner, that neither of the faid parties fhall profecute or 
 in any wife moleir, the other on account of fuch de- 
 tainer, or for any injuries and damages thereby occa- 
 fioned. Provided neverthelefs, and be it underftood, 
 that this article fhall not extend, nor be conftrued to 
 extend, to the refcinding or weakening of that contract 
 in the 2 8th and 29th articles of the late treaty of 
 peace, between his Highnefs the Lord Protector, and 
 the Lords the States General of the United Provinces, 
 for reftoring the (hips therein mentioned, together with 
 their lading, and making good the damages as therein 
 exprefTed ; but the faid contract fhall remain firm and 
 intire, and fhall be duly and truly performed and fill* 
 filled, according to the proper and genuine fenfe and 
 meaning of the faid articles. 
 
 V. That neither of the faid parties, nor the fubjects 
 or people of either, lhall by land or fea, or elfewhere, 
 act, do, endeavour, negotiate, or attempt any thing 
 againft the other, or the fubjects and people of the 
 other, nor give, lend, adminifter, or confent to the 
 giving, lending, or adminiftering of any afliftance or fa- 
 vour to the fugitives or rebels of the other j but both 
 parties fhall exprefsly and effectually oppofe, refift, 
 and really hinder all and every perfon and perfons liv- 
 ing or refiding in the dominions of either, or happen- 
 ing to be in the dominions of either the one or the 
 other, who fhall act, do, negotiate, or attempt any 
 thing againft the other. Nor fhall either of the par- 
 ties receive or fuffer any of the rebels or fugitives of 
 the other to be received in their dominions, territo- 
 ries, and countries, harbours, bays, or diftricts ; nor 
 fhall give, lend, or grant to any fuch fugitives or re- 
 bels, either within or without their territories, lord- 
 F 2 fliips,
 
 68 TREATIES [1640 
 
 fliips, lands, harbours, bays, or diftrich, any aid, conn- 
 fel, lodging, money, foldiers, fliips, provifions, arms, 
 Sec. or pennit or tolerate fuch things to be given, lent, 
 or granted, by any perfons whatlbever, living out of 
 their dominions. 
 
 VI. That the people or inhabitants of the republic 
 of England, failing to any of the kingdoms, territo- 
 ries, or dominions whatfoever, of the King of Den- 
 mark and Norway, or trading to the lame, fhall not 
 pay more or greater cuftoms, tribute, toll, or other 
 duties, or in any other manner, than the people of the 
 United Provinces of the Netherlands, or other fo- 
 reigners (the Swedes only excepted) trading thither, 
 and paying the letter cuftoms, do or mail pay ; and 
 they fhall enjoy all the other liberties, immunities, and 
 privileges, in going, returning, and Haying, as alfo in 
 fifhing or trading, as the people of any foreign nation 
 Whatfoever, trading in the faid kingdoms and d 
 nions of the King of Denmark and Norway, do or 
 fhall enjoy ; and the fubjefts of the King of Denmark 
 and Norway fhall ufe or enjoy the fame privileges, in 
 all thd dominions and countries of the republic of 
 England. ^J 
 
 VII. If Crte fubjcfts and inhabitants of either of thr 
 confederates, with dieir Ihips, are compelled, either by 
 pirates, or by ftrefs of weather, or by any other ina.n- 
 veniency ? to feek fheltcr in the rivers, friths, bay . 
 harbours of the other confederate, it is agreed that they 
 ftiall be couiteoufly and kindly treated V the magi- 
 ftracy and inhabitants of the place i and it fhall be law- 
 rul for them to furnifh themfelves with what nccefla- 
 ries they want for rigging their mips, at the market- 
 price, and from thence freely to put to fea again, with- 
 out any hindrance and fearch, and without paying any 
 toll or cuftom. Provided they put none of their goods 
 or bales afhore, or cxpofc them to fale, nor receive on 
 Board any peribns guilty or fuipecled of crimes, or 
 any contraband goods ; nor, in tine, do any thing that 
 
 3 may
 
 t78o.J WITH DENMARK. 69 
 
 may be repugnant to the laws, ftatutes, or cuftoms of 
 iuch place and harbour to which they arrive. 
 
 VIII. If the Ihips of either of the confederates, his 
 fubjecls and inhabitants, whether they are men of war 
 or merchant fhips, happen to run afliore, or in any 
 cafe whatsoever (which God forbid) to fuffer wreck on 
 the coafts of the other party, the laid Ihips, with all 
 their rigging, goods, and merchandize, or whatlbever 
 lhall be left of them, fhall be reftored to the m afters 
 and proprietors, provided they or their plenipoten- 
 tiaries or attornies lay claim to the faid fhips and goods, 
 within a year after fuch fhipwreck happens ; and the 
 fubjefb or inhabitants living on fuch fh-jres and coafts 
 lhall be obliged to give prefent fuccour and relief to 
 thofe that are in danger, to the utmoft of their power, 
 and fhall ufe all their endeavour either to fet die fhip 
 free, or to fave her goods, merchandize, rigging, and 
 every thing elfe in their power from being caft away, 
 and convey the fame to a fafe place, that they may be 
 reftored to the owners^ on condition that they pay the 
 charges, and fuch rewards as they lhall delerve, by 
 whole labour and diligence the things and goods were 
 recovered and fecured* 
 
 IX. Both parties fhall caufe juftice and equity to be 
 adminiftered to one another's people and fubjecls, ac- 
 cording to the laws and ftatutes of each country, fpeedi- 
 ly, and without tedious and unneceflary formalities and 
 expences, in allcaufes and controverfies now depend- 
 ing, or that may arife hereafter, 
 
 X. That if any thing fhall happen to be done, or 
 attempted, by any of the fubjecls and inhabitants of 
 the King of Denmark, or of the people and inhabi- 
 tants of tlie republic of England, contrary to this trea- 
 ty, or any member thereof, by land, fea, or the frefh 
 waters, this alliance, friendlhip, and union between the 
 parties aforefaid fhall not therefore be interrupted or 
 infringed, but fhall neverthelefs remain intire, and be 
 in full force> and thofe perfons only who fhali aft con- 
 
 F 3 trary
 
 70 TREATIES [1640 
 
 trary to the faid treaty (hall be punifhed, and none 
 other; and juftice fhali be done, and fatisfaclion given 
 to thofe whom it concerns, by all thofe, who, by land, 
 fea, or other waters, a6b any thing contrary to this al- 
 liance, within the fpace of a year after juftice fhall be 
 demanded. But if the breakers of the treaty do not 
 appear, nor furrender themfelves to trial, nor give fa- 
 tisfaclion within the term mentioned, thofe very per- 
 fons lhall be deemed enemies to both the parties ; and, 
 as far as the laws and ftatutes of every country and 
 place will permit and authorize, all their goods, 
 eftates, and revenues whatfoever, fhall be confifcated 
 and fold, to make full and juft fatisfaftion for the in- 
 juries by them committed, and their perfons fhall be 
 liable to thofe punifhments which their refpective 
 crimes deferve. 
 
 XL It is alfo agreed and concluded, that the fhips 
 of the inhabitants of the republic of England, toge- 
 ther with their lading and merchandize, which fail 
 beyond the fort of Gluckftadt, or any other places 
 and towns under the dominion of the King of Den- 
 mark, fituate on the bank of the river Elbe, fhall, 
 both going and returning, be free and exempt from 
 all tribute, toll, fearch, ftoppage, or molcftation. 
 
 XII. That firs, marts, and the other forts of tim- 
 ber, after they are put on board the fhips of the inha- 
 bitants of the republic of England, fhall be fubjeft to 
 no farther vifitation, but all vifitation or fearch fhall 
 be made beforehand ; and if there be then found any 
 prohibited timber, die feme fhall be flopped on the 
 fpot, before it is carried on board the fhips. Nor 
 fhall the perfons or goods of the people of the laid re- 
 public be for this caufe arrefted, or in any wife mo- 
 lefted by being in any manner detained ; and only 
 the fubjech of the King of Denmark, who fhall pre- 
 fume to fell and alienate fuch prohibited timber, fhall 
 be duly punifhed for the offence. 
 
 4 XIII. For
 
 1780.] WITH DENMARK. 71 
 
 XIII. For the greater fecurity of commerce, and the 
 liberty of navigation, it is agreed and concluded, that 
 neither party fhall, if it be in their power, permit 
 common pirates, or other robbers of this fort, to har- 
 bour in any parts of the other's kingdom or country, 
 nor (hall fuffer any of the inhabitants or people of the 
 other, to receive or aflift them in reality, or by coun- 
 tenance, but on the contrary, fliall do their endea- 
 vour that the faid pirates or robbers, and their pira- 
 tical partners and accomplices, be apprehended and 
 brought to condign punifhment; and that the fhips 
 and the merchandize, as much of it as can be found, 
 be reftored to their lawful owners, or their attornies, 
 provided their right appear from due proofs accor- 
 ding to law in the proper courts. 
 
 XIV. It is agreed that there fhall be always free 
 accefs for the fubjecls and people of either of the par- 
 ties to the harbours and coafts of the other confede- 
 rate, and it {hall be lawful for them to ftay therein, 
 and to return from thence, not only with merchant 
 fhips, and Ihips of burthen, but allb with men of 
 war, whether they are fhips of the ftate, or fuch as 
 are privately commifiioned, whether they are drove 
 in by ftrefs of weather, or for avoiding the danger of 
 the fea, whether to repair their Ihips, or to buy pro- 
 vifions, Provided they do not exceed the number of 
 fix men of war, if they enter of their own accord, nor 
 flay longer in or about the harbours than fhall be 
 needful for the repair of the fhips, buying provifions, 
 or for other necefTary occafions. And if upon occa- 
 fion they lhall offer to go to fuch ports with a greater 
 number of men of war, it fhall not by any means be 
 lawful for them fo to do, without notice given in time 
 by letters of their arrival, and without leave firft ob- 
 tained from thofe to whom the faid harbours fhall be* 
 long. But if by ftrefs of weather, or other urgent 
 necefiity, they are compelled to feck harbour, in fuch 
 cafe, without any token or notice preceding, the 
 fhips lhall not be retrained to any certain number ; 
 
 F 4 on
 
 7 2 TREATIES [1640 
 
 on condition, neverthelefs, that their commander, 
 immediately after their arrival, do certify the chief 
 magiftrate or commander of the place, fort, or coaft 
 to which they arrive, of the reafon of his coming, 
 and that he flay there no longer than he fhall be fuf- 
 fered by the chief magiftratc or commander, and do 
 neither commit nor attempt any holtility in the har- 
 bours which he enters, nor do any thing in prejudice 
 of that confederate to whom they belong. 
 
 XV. If either of the confederates fhall think it of 
 fervice to himfelf or his fubjects to appoint depi 
 refidents, commiflloners, or other minifters of what- 
 foever title or character, to manage their affairs in the 
 courts or tribunals of the other, it is agreed and con- 
 cluded, that the frid minifters fhall be favourably ad- 
 mitted, according to the credentials which they bring, 
 and be received with fitting refpect and honour, and. 
 lhall be under the protection of the other confede- 
 rate, and fafe from all manner of injury and violence. 
 Provided they do not commit, or attempt any thing 
 to the lofs and prejudice of the confederate to whom 
 they are lent. 
 
 XVI. Whereas fince the 26th of April, 1654, and 
 the firft of June, 1646, certain treaties and alliance* 
 were entered into concerning cuftoms in the Sound, 
 and other tilings, between the moft Serene King of 
 Denmark of glorious memory, and the States of 
 England, at that time aflembled in parliament, it is 
 agreed and concluded, that the laid treaties and al- 
 liances fhall not in any wife by the prefent treaty be 
 deemed to be fet afide or repealed, but remain in their 
 former force and vigour, as well on the part of his 
 moft Serene Royal Majefty now reigning, as on the 
 part of the moft High Lord Protector or" the repub- 
 lic of England ; who both bind themfelves again by 
 the vigor and virtue of this prefent treaty, to perform 
 the laid treaties reciprocally and really, and that they 
 will take care that the lame, and every one of their 
 
 article*
 
 \VITH DENMARK. 73. 
 
 articles be performed, and effectually obferved, ac- 
 cording to their true and proper meaning, by their fub- 
 jects and people. 
 
 XVII. Finally, it is agreed and concluded, that 
 both parties fhall Jmcerely and bond fide obferve all and 
 fingular the articles contained and .eflablifhed in the 
 prefent treaty and alliance, and caufe them to 'be ob- 
 ferved by all the fubjects, inhabitants, and people, of 
 the Moft Serene King of Demark and Norway, and 
 of the republic of England, univerfally ; and that they 
 lhall not contravene, or caufe them to be contravened, 
 directly or indirectly; and fhall confirm and ratify all 
 and fmgular the contents, in fufficient and valid form, 
 fubfcribed with their hands, and fealed with their great 
 feals ; and fhall bond fide and really deliver, or caufe 
 the fame to be delivered, reciprocally to deputies ap- 
 pointed for that purpofe, within the fpace of three 
 months, or fooner, if poiTible. 
 
 In witnefs of all and fmgular the premifes, I the 
 Deputy Extraordinary of the Moft Serene and 
 Potent King of Denmark and Norway, and we the 
 Counfellors and Cbmmiflioners of his Moft Serene 
 Highnefs the Lord Protector of the republic of 
 England, Scotland, and Ireland, have with our 
 hands and feals figned and fealed the prefent 
 treaty, confiding of feventeen articles. Done at 
 Weftminfter, Sept* 15, 1654. 
 
 [The following is printed from the treaty, which 
 was publifhed by. authority in 1686.] 
 
 Articles cf Peace and Alliance between the Moft Serene 
 
 * . . and Mighty Prince, Charles the Second, ' by the grace 
 
 cf God, King of England, Scotland, France, and 
 
 Ireland, Defender of the Faith, &c. and the Mcft 
 
 Serene and Mighty Prince, Frederick III. King of 
 
 Denmark
 
 74 TREATIES [1640 
 
 Denmark and Norway. Concluded fj- day of 
 July, 1667. 
 
 I. FIRST, It is covenanted, concluded, and agreed, 
 that there be from this day a perpetual, firm, and in- 
 violable peace between the Moft Serene and Moft 
 Mighty Prince, Charles the Second, King of Great 
 Britain, and the Moft Serene and Moft Mighty Prince, 
 Frederick the Third, King of Denmark and Norway, 
 between their heirs and fucceflbrs, and their kingdoms, 
 principalities, earldoms, iflands, cities, forts, lands, fub- 
 jefts, and inhabitants, of what ftatc and quality lb- 
 ever: and fo as to maintain and promote each other's 
 good no lefs than their own, and to avert and hinder, 
 with all pofiible ftudy, the damage and deftruftion of 
 one another. And in this refpeft it (hall be free for 
 die fubjects of either King to exercife a mutual navi- 
 gation and commerce without molcftation, and with 
 their merchandizes to come to each other's kingdoms, 
 provinces, marts, ports, and rivers, and there to abide 
 and traffic. 
 
 II. At this prefent fhall ceafe between the afore faid 
 Kings, and their kingdoms, principalities, earldoms, 
 people, and fubjefts, both by land and fea, all enmity, 
 war, and hollility; that is to fay, in the Northern 
 ocean, and in the Baltic fea, and die Channel, within 
 twenty-one days j from the mouth of the faid ftraight 
 or channel to the Cape of St. Vincent, within fix 
 weeks j and then within the fpace of ten weeks be- 
 yond the faid cape on this fide the equinoctial line or 
 equator, as well in the ocean as die Mediterranean 
 fea: finally, within the fpace of eight months, be- 
 yond the bounds of the aforefaid line all over the 
 world, without any exception or further diflinftion of 
 time or place; all days, weeks, and months, to be 
 computed from the fubfcription of the prefent agree- 
 ment, and the publication of the fame here made at 
 Breda. And whatfoever lhall be taken and fcized 
 after the aforefaU days, by either King, or their fob- 
 
 jefts,
 
 1780.] WITH DENMARK. 7$ 
 
 jcfts, to whom commiflions have been granted, it 
 fliall be wholly reftored back again to him or them 
 from whom the fame was taken; and furthermore, 
 full fatisfaclion fliall be made for the damages to him 
 or them thereby arifing, or the charges they have been 
 at; and every perfon herein offending, fhall be pu- 
 nifhed as his offence deferves, 
 
 III. It is alfo agreed and concluded, that all dif- 
 ferences on both fides, fufpicions, and ill-will, both on 
 the part of the Moft Serene King of Great Britain, 
 and on the part of the Moft Serene Xing of Denmark,. 
 &c. and likewife for fmgular the minifters, officers, 
 and fubjeds of them, be buried and abolifhed by a 
 perpetual oblivion. And further, from this prefent 
 fliall expire, be annulled, and for ever cancelled, all 
 damages, offences, injuries by word or writing, that 
 either the one has done the other, or has been fuftered 
 by the one from the other, from the very firft begin- 
 ning of the now ceafing war to this day, and the^de- 
 termined point of time wherein all diflenfions, dif- 
 cords, differences, and enmities, fhall ceafe and be 
 laid afide: by name, the affault and defence made at 
 Bergen in Norway, and in whole, whatfoever either 
 followed from thence, or does thereon depend ; in fuch 
 manner, as that neither of the faid parties, by reafon of 
 any damage of this kind, offence, or charges, do, under 
 any pretence whatfoever, caufe the other any trouble, 
 much lefs for this caufe endeavour or attempt any kind 
 of hoftility. 
 
 IV. All prifoners on both fides, of whatfcever for- 
 tune or rank, fhall be forthwith fet at liberty without 
 any ranfom. 
 
 V. All fhips, goods, or the like, that in this turbu- 
 lent feafon, in the heat of this very war between both 
 the above-mentioned Kings and their fubjefts, have 
 been taken by the one from the other, or that either 
 party has confifcated and feized of the goods and pre- 
 tenlions of perfons or fubjefts of the other nation; 
 
 as
 
 7 6 TREATIES [i6 4 cv 
 
 as alfo all the expences of war on both fides, fhall he 
 compenfated by a like mutual abolition. In fuch 
 manner, as are together comprehended in this com- 
 penfation, thofe debts of the fubjefts of the King of* 
 Great Britain, which have been on the part of Denmark 
 confifcated; but in this fenfe, that whati-wr 
 diis kind unto die tenth day of May old ftile, and twen- 
 tieth new ilile, by virtue of confifcation orreprifii-, 
 have been by fubjecTs paid and received, do remain 
 utterly abolifhed and fatisfied; and that it be not law- 
 ful for the creditors of fuch debts for the future to pre- 
 tend any thing upon this account, much lefs to urge 
 payment of fuch for any reafon, or under any pre- 
 tence whatfoever. But of fuch debts as on the faid day 
 have not been paid and received, it. (hall be lawfu: 
 the creditors, iubjcdts of the King of Great Britain, 
 to demand and profecute the payment, by the ordinary 
 way of juflice. Excepting nevcrthelefs, I ao,ooo rix- 
 dollars, more or lefs (namely, accruing from a certain 
 controverfy which arofc between Chriltian the Fourth, 
 of moft glorious memory, King of Denmark and 
 Norway, and the Parliament of England, by reafon of 
 fending aid to Charles the Firft of moft glorious me- 
 mory, King of Great Britain) for which the King of 
 Denmark and Norway bound himfelf, and gave his 
 bond to a company of certain Englifh merchants t 
 ing at Hamburgh, and there eidier now living , 
 that have heretofore lived ; which claim of 1 20,000 
 rix-dollars or thereabouts, being confifcate, fhall be , 
 now by virtue of the prefent treaty accounted as null, 
 dead, and utterly abolifhed ; in fuch manner, tha 
 creditors of that debt are not either now, or at any 
 time hereafter, therefore to demand or pretend any 
 tiling. In like manner as is alfo covenanted and agreed 
 in moft Hgnificant words, that no pretenfion (hall be 
 at any time made, by reafon of 'fuch fhips and goods 
 fo feized, and debt or money lent, in fuch manner as 
 aforefaid aboliihed and confiscated; but that all fhall 
 on both fides by a folemn cgmpenfation be for ever ac- 
 
 cov
 
 .1780.] WITH DENMARK. .77 
 
 counted as null and void: yet fo that lands and im- 
 rnoveable goods be not comprehended in the aforefaid 
 voidance and annullation, but that they be without any 
 difficulty or impediment reftored back to thofe, who 
 before the denouncing of the prefent war were the 
 poiTefibrs and proprietors of them. 
 
 VI. It is covenanted and agreed on both fides, That 
 under the laft-mentioned compenfation, neither coun- 
 tries, nor iflands, nor cities, nor forts, nor ports, nor 
 other like places, are to be underflood. But if it fhall 
 be found, that either party during this war hath either 
 taken any fuch, in or out of Europe, or may yet take 
 within the time limited in the fecond article, whatfoever 
 it be, it fhall be, without any compeniation and lofs, 
 together with all, even the fmalleft things thereto ap- 
 pertaining, forthwith reftored to him whofe it was 
 before, and in .the fame condition wherein it was then 
 when it was taken, without tergiverfation, delay, or 
 any kind of pretence. 
 
 VII. Under this prefent treaty of peace fhall be com- 
 prehended thofe, who before the exchange of ratifica- 
 tions, or afterwards within fix months, fhall be by 
 common content nominated by both parties. And, as 
 the covenanting parties do thankfully acknowledge 
 the friendly offices and unwearied endeavours, whereby 
 the Moft Serene King of Sweden interpofing his medi- 
 ation, hath through the afiiftance of God promoted 
 and carried on this beneficial work of pacification unto 
 the defired conclufion ; fo to teftify their like affe&ion, 
 k is decreed and covenanted, by the common confent 
 of all the parties, that his above-mentioned Majefty of 
 Sweden, with all his kingdoms, dominions, provinces, 
 and rights, be included in this treaty, and comprehended 
 in the prefent pacification, after the beft and moft effec- 
 tual manner that may be. 
 
 VIII. Laftly, It is concluded, covenanted, and 
 agreed, that the forefaid Moft Serene and Moft Potent 
 Kings fhall fmcerely and bond fide obferve all and 
 
 finguiar
 
 7 8 TREATIES [1640 
 
 fingular the articles contained and eftablifhed in this 
 prefent treaty, and fhall caul- the fame to be obfcrved 
 by their fubjects and inhabitants, neither lhall they 
 directly or indirectly tranfgrefs them, or fuffer them to 
 be tranfgreffed by their fubjedts or inhabitants directly 
 or indirectly : and they fhall ratify and confirm all and 
 every thing as they are ab >ve covenanted, by letters 
 patent, fubfcribed with their hands, and corroborated 
 witli their great feals, conceived and written in fuffi- 
 cient, valid, and effectual form, and fhall reciprocally 
 deliver, or caufe the fame to be delivered here at 
 Breda, bonafide, really and effectually, within the fpacc 
 of four weeks next enfuing the date of thefe prefents, 
 or fooner if it may be done. 
 
 Breda, the |4- day of July, 1667. 
 
 [The following is printed from the treaty which wu 
 publilhed by authority in 1686.] 
 
 Articles of Alliance and Commerce between the Mojl 
 Serene and Potent Prince, Charles the Second, by 
 the grace of God, King of England, Scotland, 
 France, and Ireland, Defender of the Faith, &c. 
 and the Mojt Serene and Potent Prince, Chriftian the 
 Fifth, by the grace of God, King of Denmark, 
 Norway, &c. Concluded at Copenhagen, the 
 1670. 
 
 I. THAT there be between the two Kings, their 
 heirs and fucceflbrs; as alib their kingdoms, princi- 
 palities, provinces, eftates, counties, iflands, cities, fub- 
 jects, and vailals, of what condition, dignity, and de- 
 
 r ? f? eVCr> by land and fea > in rivers > frefh-waters, 
 and all places whatfoever, as well in Europe as out 
 
 Europe, now and for. the time to come, a fmcere, 
 true, and perfect friendfhip, peace, and confederation i 
 10 as that neither party do any wrong, injury, or pre- 
 
 Uce to the kingdoms, principalities, provinces, and 
 
 eftates,
 
 1780.] WITH DENMARK. 79 
 
 eftates, or to the inhabitants and fubjefts of the other; 
 nor fufferany to be done by others, as much as in him 
 is : but rather live as friends together, ufmg each other 
 with good- will and refpeft; and promoting upon all 
 occafions the interefts and advantages of each other, 
 and their fubjefts, as if they were their own : and pre- 
 venting and hindering with all their power, by their 
 afliftance and advice, any damage, wrong, and injury, 
 that may be offered them. 
 
 II. Neither of the forefaid Kings and their heirs 
 fhall confent to any thing that may be to the prejudice 
 or detriment of his ally j but if either of the Kings 
 lhall know that any thing is propofed, or is in agitation 
 4>r contrivance, or that will be propofed, agitated, or 
 contrived, which may tend to the detriment of the 
 other, he fhall be obliged to fignify the fame unto him 
 without delay, and in the mean time to hinder and 
 prevent it by all ways poflible. 
 
 III. The forefaid Kings for themfelves, their heirs 
 and fucceflbrs, mutually do undertake and promife, 
 That they will not aid or furnifh the enemies of either 
 party, that fhall be aggreffors, with any provifions of 
 war, as foldiers, arms, engines, guns, fhips, or other 
 necefiaries for the ufe of war, or naffer any to be 
 furnilhed by their fubjecls : but if the fubjefts of ei- 
 ther Prince fhall prefume to a<5b contrary hereunto, 
 then that King, whofe fubjeds fhall have fo done, fhall 
 be obliged to proceed againft them with the higheft 
 feverity, as againft feditious perfons, and breakers of 
 the league. 
 
 IV. It is further covenanted and agreed, That if at 
 any time hereafter, any prince or ftate fhall invade, or 
 by any hoftile way attempt upon the hereditary king- 
 doms, provinces, counties, towns, iflands, territories, 
 or dominions of the King of Denmark, which he 
 now pofleffeth, then the King of Great Britain fhall 
 affift the faid King of Denmark in time, with fuch 
 number of land forces and fhips of war, againft fuch 
 
 aggreflbr,
 
 fo TREATIES [1640 
 
 aggretfbr, as fhall fuffice to repel the force, and as the 
 ftate of thefaid King*s affairs Ihjdl require. And the 
 faid King of Great Britain fhall therefore with all his 
 power enjkjayour to hinder, that by fuch invafion or 
 difturbance the King of Denmark be not prejudiced 
 in any wife M* his kingdoms, dominions, or rights. 
 And if the faid King of Giea: Britain, or the faid 
 King of Denmark, fhall contract or make any league, 
 alliance, or union with any other king, prince, c 
 rnonwealth, or ftate, they fhall respectively endeavour 
 to comprehend therein each other, and their domi- 
 nions (as much as in them lies) if ti, uefire 
 to be comprehended. 
 
 V. Irfhall be lawful for the fubjecls of both K 
 with their commodities and merchandize b 
 
 and land, in time of peace, without licence or fafc 
 duft general or fpecial, to come to the kingdoms, pro- 
 vinces, mart towns, ports, and rivers of each othf r, 
 and in any place therein to remain and tra^i 
 ufual cuftoms and duties j referving i 
 either Prince his fuperiority and regal jurifJ.iction in 
 his kingdoms, provinces, principalities, and ; 
 xefpe&ivv ' 
 
 VI. Jt is notwithflanding covenanted and con- 
 cluded, that the fubjefts of the King of ( HV.U Britain 
 fhall in no wile come to the prohibited ports, of which 
 mention is made in precedent treaties, nor cole 
 without the fpecial licence of the King of Denmark 
 firft defired and obtained j unlefs they fhall be com- 
 pelled to make thither, and enter therein, by rtrefs of 
 weather, or purfuit of pirates ; in which cak-, neither 
 fhall it be lawful for them to buy or fell. As alib in 
 like manner the fubjefts of the King of Denmark ihall 
 not come to the Britifh colonies, unlefs by fpccial li- 
 cence of the King of Great Britain tirfl deli red and 
 obtained. 
 
 VII. It fhall be lawful for the fubjecls of the Moft 
 Serene King of Dcnmaik to bring into their 
 
 ' Rores
 
 1780.] WITH DENMARK. 81 
 
 flores and warehoufes in England, Scodand, and Ire- 
 land, and other the ports of the King of Great Bri- 
 tain in Europe, fuch commodities as now, or here- 
 after fhall be of the growth and production of the 
 eftates, countries, and dominions, fubje<5t to the Kinc* 
 of Denmark, or of the manufacture thereof, and 
 likewife fuch as come from any part of the river of 
 Elbe. 
 
 In like manner fhall it be lawful for the fubjecls of 
 the King of Great Britain to import and bring into 
 Denmark, Norway, and all other ports and colonies 
 not prohibited of the King of Denmark, all kinds 
 of merchandize which now or hereafter fhall be pro- 
 duced or made in the kingdoms, countries, and eftates 
 under the fubjedion of the King of Great Britain 
 But if at any time hereafter it be permitted to any 
 foreign nations, to bring all kinds of commodities 
 without exception, into England, Scotland, and Ire- 
 land, and other the ports belonging to the King of 
 Great Britain, then the fame alfo fhall be lawful for 
 the fubjeds of the King of Denmark: which in like 
 manner fhall be permitted to the fubjeds of the 
 King of Great Britain, upon the like occafion, in the 
 prohibited ports and colonies of the King of Den- 
 mark. 
 
 VIII. It is alfo covenanted and agreed, that the 
 people and fubjeds of the King of Great Britain, fail- 
 ing to any the hereditary kingdoms, countries, or do-, 
 minions of the King of Denmark, or trading in the 
 lame, fhall pay no more or greater cuftoms, tribute, 
 toll, or other duties, nor in any other manner than the 
 people of the United Provinces of the Low Countries, 
 and other ftrangers (the Swede only excepted) trading 
 thither, and paying letter cuftoms, do or fhall pay 
 in going, returning, and flaying, as alfo in fifhing 
 and trading, and all other things, fhall enjoy the fame 
 berties, immunities, and privileges, which the peo- 
 ple of any foreign country in the faid kingdoms and 
 dominions of the King of Denmark, abiding and
 
 82 TREATIES [1640 
 
 trading, do or fhall enjoy. And fo on the other fide, 
 the p?ople and fubjeds of the King of Denmark 
 fhall have and enjoy the fame privileges m the coun- 
 tries and territories of the King of Great Bntam ; to 
 wit, that the people and fubjefts of the King of Den- 
 mark, failing to any the kingdoms, countries, or do- 
 minions of the King of Great Britain, or trading in 
 the fame, fhall not pay any more or greater cuftoms, 
 tributes, toll, or other duties, nor in any other manner, 
 than the people of the United Netherlands, or other 
 ftrangers trading thither, and paying lefier cuftoms, 
 door fhall pay: and in going, returning, and flaying, 
 as alfo in fifhing and trading, and all other things, 
 fhall enjoy the fame liberties, immunities, and privi- 
 leges, which the people of any other foreign country 
 in the faid kingdoms and dominions of the King of 
 Great Britain, abiding and trading, door fhall enjoy: 
 but fo, as that the power of each King of making or 
 altering cuftoms, or other dimes, as they fhall fee 
 occafion, in their refpeftive kingdoms, countries, do- 
 minions, and ports, remain full and entire ; provided 
 the forefaid equality be ftriftly obferved on both fides 
 in manner aforefaid. 
 
 IX. It is alfo covenanted, that when the fubjefts of 
 either King have imported their commodities into the 
 dominions of the other, have paid the ufual cuftoms 
 for them, and undergone their fearch, it fhall be free 
 and lawful for them to bring their faid commodities 
 into their own proper ftorehoufes and cellars, or into 
 places which they fhall think moft fit and convenient, 
 and there ftore them ; nor fhall any magiftrate or officer 
 of any the cities or ports of either, impofe upon them 
 any cellars or ftorehoufes without their confent. 
 
 X. The fubjefts of either crown trading upon the 
 feas, and failing by the coafts of either kingdom, 
 fhall not be obliged to come into any port, if their 
 courfe were not directed thither; but fhall have liberty 
 to purfue their voyage without hinderance or deten- 
 tion.
 
 1780.] WITH DENMARK. 83 
 
 tion, whitherfoever they pleafe. Nor fhall they, bein* 
 by temped forced into port, and there remaining, b? 
 obliged to unlade their cargo, or to barter or fell any 
 part thereof; but it fhall be lawful for them to difpofe 
 >f it as they fhall think fit, and to do any other thing 
 which they fhall judge mofl for their advantage: pro? 
 vided nothing be done that may be to the defraudino- 
 >t either Prince of his due rights and cufloms. 
 
 XI. It is alfo agreed, that after any planks, mails 
 and other forts of timber, have been once put on board 
 the fhips of the fubjeds or people of the Kino- O f 
 Great Britain, they fhall not be liable to any further 
 learch; but all fearch or fcrutiny fhall be made be- 
 
 >re ; and if then, either oaken, or other prohibited 
 timber be found, it fhall be prefently flopped and de 
 tamed upon the place, before it be put on board the 
 ftips; nor fhall the people of the faid King of Great 
 
 main, or his fubjeds, be therefore molefled in their 
 perlons or eflates by arrefl, or other detention what- 
 
 T C n U K nly the fubjefts f the Kin S Denmark, 
 who fhall have prefumed to fell or alienate any the 
 :e prohibited timber, fhall be punifhed in due man- 
 ner. And the people and fubjeds of the King of 
 Great Britain fhall have, pofTefs, and enjoy all and 
 imgular the contents and conceflions of this article 
 without any moleflation or interruption, fo long, and 
 for all fuch time as the fubjeds, or any of the people 
 of the United Netherlands, fhall hold, pofTefs, and 
 enjoy or might or ought to hold, poflefs, and enjoy 
 
 ie fame, or like privileges, by any treaty already 
 made, or to be made, or by any contrad, agreement, 
 or permiffion. 
 
 XII. It is alfo concluded and agreed, that all 
 
 ihips belonging to the fubjeds of the King of Great 
 
 Britain, and merchants, in their pafiage through the 
 
 bound, under the Moft Serene King of Denmark and 
 
 Norway, & c . fhall enjoy, after the fame manner, the 
 
 enent and privilege of deferring the payment of their 
 
 G 2 cufloms
 
 8 4 TREATIES [1640 
 
 cuftoms until their return, as they held and enjoyed in 
 former years laft preceding the late war; but fo, ne- 
 verthelefs, that the faid fhips and merchants bring with 
 them certificates under the leal of the officers of the 
 faid King of Great Britain deputed thereunto, tefti- 
 fying the faid fhips to belong to fubjcfts of the 
 King of Great Britain ; and likewile that before 
 their pafiage they give fufficient and good fecurity for 
 paying the fame in place convenient, to the collectors 
 of the cuftoms of the faid King of Denmark, at their 
 return, or if they fhall not return, within three months 
 time at the fartheft, if they do not pay the fame at their 
 faid firfl paffage. 
 
 XIII. And furthermore it is agreed, that whatfo- 
 ever merchandize the fubjefts of the King of Great 
 Britain fhall land at Elfignore, and there lay in thur 
 ftorehoufes, to no other end than to put on board again 
 entire, and tranfport them to other parts, they fhall be 
 obliged to pay only the fame duties for fuch merchan- 
 dize, and no more, than is wont to be paid in this cafe 
 by the Dutch nation, or any other ftrangers: which 
 fhall be reciprocally obferved to the fubje&s of the 
 King of Denmark, after the fame manner, in England. 
 
 XIV. Alfo it is agreed, that the fhips and fubjcfts 
 of the King of Great Britain fhall have their difpatch 
 atElfignore as foon as they arrive there, without delay, 
 no fhips, of what nation foever, having preference 
 before them in this behalf: except the inhabitants of 
 certain places, who have anciently held a privilege to 
 that purpoie, and ftill do. 
 
 XV. If any fubject of either Prince fhall happen 
 to die in the dominions or territories of the other, it 
 fhall be lawful for him to difpofe of his eftate, both 
 money and goods, in any manner whatfoever : and if 
 any one die within the kingdoms or provinces of the 
 other Prince without making any fuch difpofitions, 
 then the goods by him left, moveable or immoveable, 
 of whatever nature or condition the fame fhall be, 
 
 fhall
 
 1780.] WITH DENMARK. 85 
 
 fhall be faithfully preferved for the life of the right heir, 
 and for fatisfaction of fuch debts as the party deceafed 
 was juftly bound to pay : and to that end, fo foon as 
 any fubject of either Prince fhall die in the other 
 Prince's dominions, the conful or public minifter 
 then refiding there fhall have right to poflefs the 
 {aid monies and goods, and fhall make inventories 
 of the fame before fome magiftrate of the place; 
 which goods fhall afterwards remain in his hands, to be 
 anfwered to the heirs and creditors as aforefaid , but 
 if no fuch conful or public minifter fhall be there, then 
 it fhall be lawful for two merchants of the fame country 
 with the party deceafed, to poflefs the goods left by 
 him, to preferve them, and in like manner to anfwer 
 them to the heirs and creditors. Which notwithftand- 
 ing is to be fo underftood, that no papers or books 
 of accounts are by this article to be expofed to the 
 inflection of the faid magiftrate, but only the real 
 goods and merchandize of the deceafed ; and that die 
 faid magiftrate, within the fpace of forty-eight hours 
 after notice given, and requeft made, fhall be obliged 
 to be prefent, otherwife the faid inventories lhall be 
 made without him. 
 
 XVI. It fhall be lawful for either of the confede- 
 rates, and their fubjecls or people, to trade with 
 the enemies of the other, and to carry to them, or 
 furnifii them with any merchandizes (prohibited only, 
 which they call contrabanda, txcepted) without any 
 impediment, unlefs in ports and places befieged by the 
 other ; which neverthelefs if they fhall fo do, it fhall be 
 free for them either to fell their goods to the be- 
 fiegers, or betake themfelves to any other port or 
 place not befieged. 
 
 XVII. It is alfo agreed, that it fhall be free and 
 lawful for the fubjecls of either Prince, trading in the 
 dominions or ports of the other, there to remain and 
 refide for the buying and felling commodities, without 
 any reftriction of time, or limitation to be impofed 
 
 G 3 upon
 
 86 TREATIES [1640 
 
 upon them by any officers or magiftrates of the faid 
 dominions or ports, they paying the accuftomed duties 
 for all goods and merchandize by them imported or 
 exported} and further provided that diey trade with 
 none but fuch as are citizens, or burghers of fome 
 city or town within the kingdoms of Denmark or 
 Norway, and that only by wliolefale, and not by par- 
 cels or retail. 
 
 XVIII. Furthermore, for the better encourage- 
 ment of trade and commerce, and for the utter avoid- 
 ing of all frauds and difputes that may arife between 
 the officers of ports and merchants, it is agreed and 
 concluded, that all and fmgular duties fhall be de- 
 manded and paid, according to the printed Tariff 
 (or book of rates) wherein fhall be comprized all 
 cuftoms and duties to be paid, as well for goods in the 
 refpeftive ports, as for pafTage through the Sound : and 
 to the end that this may be the more ftrictly obferved, 
 both Kings fhall not only enjoin his officers and collec- 
 tors of his cuftoms, under the higheft penalty, not to do 
 any thing that may fruftrate or elude this agreement -, 
 but alfo that they do not, by moleftation or exaction, 
 caufe any trouble, or offer any injury to the fubjefts of 
 either King. 
 
 XIX. Moreover, it is concluded and agreed, that 
 the King of Denmark fhall conilitute die overfeers of 
 his cuftoms, or others, commiffioners for re-meafuring 
 all fhips belonging to the fubjeds of the King of Great 
 Britain trading in Norway, according to their burthen 
 and content, fo as that what has been hitherto not 
 rightly obferved, either in excefs or defect, may be 
 hereafter reduced into better order. 
 
 XX. But left fuch freedom of navigation or paf- 
 lage of the one ally, and his fubjeds and people, dur- 
 ing the war that the other may have by fea or land 
 with any other country, may be to the prejudice of 
 the other ally, and that goods and merchandize be- 
 longing to the enemy may be fraudulently concealed 
 
 under
 
 1780.] WITH DENMARK. 87 
 
 under colour of being in amity; for the preventing of 
 fraud, and clearing all fufpicion, it is thought fit, 
 that the fhips, goods, and men, belonging to the 
 other confederate, in their pafiage and voyages, be ac- 
 companied with letters of paflport and certificate; 
 the forms whereof to be as follows : 
 
 CHARLES the Second, ly the Grace of God, King of 
 Great Britain, &c. 
 
 CHRISTIAN the Fifth, by the Grace of God, King of 
 Denmark and Norway, &c. 
 
 B E it known unto all and fmgular to whom thefe 
 our letters of fafe-conduft fhall be (hewn, That 
 our fubjeft and citizen of our city of 
 hath humbly reprefented unto us, that the fhip called 
 of the burthen of tons, 
 
 doth belong unto them and others our fiibjects, and 
 that they are fole owners and proprietors thereof, and 
 is now laden with the goods which are contained in a 
 fchedule which fhe hath with her from the officers of 
 our cuftoms, and do folely, truly, and really belong 
 to our fubjefts, or others in neutrality, bound immedi- 
 ately from the port of to fuch other 
 place or places where fhe may conveniently trade with 
 the faid goods, being not prohibited, nor belonging 
 to either of the parties in hoftility, or elfe find a 
 freight: which the forefaid our fubject, 
 having attefted by a writing under his hand, and af- 
 firmed to be true by oath, under penalty of confifca- 
 tion of the faid goods, we have thought fit to grant 
 him thefe our letters of fafe-conduft: and therefore 
 we cfo hereby refpeftively pray and defire all gover- 
 nors of countries and feas, kings, princes, common- 
 wealths, and free cities, and more efpecially the parties 
 now in war, and their commanders, admirals, gene- 
 rals, officers, governors of ports, commanders of 
 fhips, captains, freighters, and all others whatfoever 
 04 having
 
 88 TREATIES [1640 
 
 having any jurifdiction by fea, or the cuftody of any 
 port, whom the fhip aforefaid fhall chance to meet, or 
 among whofe fleet or fhips it fhall happen to fall, or 
 make (lay in their ports, that by virtue of the league 
 and amity, which we have with any king or ftate, they 
 fuffer the faid mailer with the fhip, perfons, 
 
 things, and all merchandize on board her, not only 
 freely and without any moleftation, detention, or im- 
 pediment, to any place whatsoever to purfue his voy- 
 age, but alfo to afford him all offices of civility, as to 
 our fiibjecl:, if there fhall be occafion ; which upon the 
 like or other cccafion we and ours fhall be ready to 
 return. 
 
 Given the day of in the 
 
 year 
 
 WE die prefident, confuls, and fenators of the 
 city of do atteft and certify, That 
 
 on the day of in the year 
 
 perfonally before us came and appeared 
 citizen and inhabitant of the city or town 
 of and under the oath wherein he ftands 
 
 bound to our fovereign Lord the King, did declare 
 unto us, that the fhip or veffel called 
 of the burthen of tons, doth belong to 
 
 the port, city, or town of in die pro- 
 
 vince of And that the faid fhip doth 
 
 juftly belong only to him and others, fubjefb of our 
 faid fovereign Lord, and now bound direftly from the 
 P ort f laden with goods mentioned 
 
 in a fchedule received from the officers of the cuftoms; 
 and that he hath affirmed under the oath aforefaid, 
 that the forementioned veffel, with her goods and mer- 
 chandize, doth only belong to fubjefts of his Majcfly, 
 and doth carry no goods prohibited, which belong to 
 either of the parties now in war. 
 
 In teftimony whereof we have caufed this certificate 
 to be fubfcribed by the fyndic of our city, and 
 fealed with our feal 
 Given, &c. 
 
 When
 
 1780.] WITH DENMARK. 89 
 
 . When therefore the merchandize, goods, fhips, or 
 men of either of the confederates, and their fubjecls 
 and people, lhall meet in open fea, ftraights, ports, 
 havens, lands, and places whatfoever, the fhips of 
 war, whether public or private, or the men, fubjefts, 
 and people of the other confederate; upon exhibiting 
 only the forefaid letters of fafe-conducl and certificate, 
 there fhall be notliing more required of them, nor fhall 
 fearch be made after the goods, fhips, or men, nor 
 fhall they be any other ways whatfoever molefted or 
 troubled, but fufrered with all freedom to purfue their 
 intended voyage ; but if this folemn and fet form of 
 paflport and certificate be not exhibited, or that there 
 be any other juft and urgent caufe of fufpicion, then 
 fhall the fhip be fearched, which is neverthelefs in this 
 cafe only underftood to be permitted, and not other- 
 wife. If by either party any thing fhall be committed 
 contrary to the true meaning of this article, againft 
 either of the confederates, each of the faid confede- 
 rates fhall caufe his fubjefts and people offending to 
 be feverely punifhed, and full and entire fatisfaSbn 
 to be forthwith given, and without delay, to the party 
 injured, and his fubjeds and people, for their whole 
 lofs and expences. 
 
 XXI. It is alfo concluded and agreed, that all fhips 
 of fubjedts and people of the King of Great Britain, to ; 
 gether with their lading and merchandize, pafling by 
 the port of Gluckftad, or other places and towns under 
 the dominion of the King of Denmark, fituate upon 
 the Elbe ftream, both going and returning, fhall be 
 free and exempt from all cuftom, impoft, fearch, fei- 
 zure, and moleftadon, except only the cafe of fearch 
 in the time of war, when the King of Denmark hath 
 war with any other king or ftate. 
 
 XXII. If the fubjefts cf either Prince be hurt or 
 injured in the territories of the other, then the King 
 of that place where the injury is done, fhall take cafe 
 that fpeedy juftice be admimftered according to the 
 
 laws
 
 9 o TREATIES [1640 
 
 laws and cuftoms of the country; and that the perfons 
 guilty be duly punifhed, with fatisfadion to be made 
 to the party wronged. 
 
 XXIII. It is alfo agreed, that no Ihips whatfoever, 
 veflels, or merchandize laden on fhips of whatfoever 
 nature, kind, or quality, howfoever taken, belonging 
 to any the fubjedb of either of the aforefaid Kings, 
 under any colour or pretence whatfoever, be adjudged 
 prize, unlefs by a judicial examination and procefs in 
 form of law, in a court of admiralty for prizes taken 
 at fea, in that behalf lawfully conftitutcd. 
 
 XXIV. Both parties fhall caufe juftice and equity 
 to be adminiftered to the fubje&s and people of each 
 other, according to the laws and ftatutes of either 
 country, fpeediiy, and without long and unnecefiary 
 formalities of law and expences, in all caufes and 
 controverfies, as well now depending, as which may 
 hereafter arife. 
 
 XXV. If the fhips of either of the confederates, and 
 their fubjects and people, whether they be merchant- 
 men, or men of war, fhall happen to run on ground, or 
 fall upon rocks, or be forced to lighten themfelves, or 
 fhall otherwife fuffer fhipwreck (which God forbid) upon 
 thecoaftsof either King, the forefaid fhips, with their 
 tackle, goods, and merchandize, or whatfoever fhall 
 be remaining of them, fhall be reftored to their owners 
 and proprietors ; provided they or their agents and 
 proftors do claim the faid fhips and goods within the 
 fpace of a year and a day after fuch fhipwreck fuf- 
 ftred, faving always the rights and cuftoms of both 
 nations. The fubjefts alfo and inhabitants dwelling 
 upon the faid coafts and mores, fhall be obliged to 
 come in to their help in cafe of danger, and as much 
 as in them lies to give their afliltancej and fhall do 
 their utmoft endeavour either for the freeing of the 
 fhip, or faving the goods, merchandize, and apparel 
 of the faid fhip, and what elfe of the fame they ihall 
 be able, and for the conveying the fame into form 
 
 place
 
 1780.] WITH DENMARK. 91 
 
 place in order to be reftored to the owners; they 
 paying falvage, and giving fuch recompence to the 
 perfons by whofe afiiftance and diligence the faid mer- 
 chandize and goods fhall have been recovered and pre- 
 ferved, as they fhall deferve. And finally, both par- 
 ties,, in cafe of fuch misfortune, fhall fee obferved on 
 their fide, what they would defire to have obferved 
 and done on the other fide. 
 
 XXVI. The commanders of fhips, or governors, 
 foldiers, mariners, and company belonging to the 
 fame; as alfo the fhips themfelves, and the goods and 
 merchandize on board them, fhall not be detained by 
 any arreft or feizure, upon any warrant either general 
 or fpecial, or for any caufe, unlefs for the defence and 
 preservation of the kingdom; which yet fhall not be 
 underftood to be meant of arrefls laid by authority of 
 law, for debt contracted upon any other lawful occa- 
 fion whatfoever, in which cafe it fhall be lawful to 
 proceed according to the rules of juftice and law. 
 
 XXVII. It fhall be free for the merchants of both 
 kingdoms, their factors and fervants, and alfo the maf- 
 ters and mariners of fhips upon the fea, and in other 
 waters, as likewife in the ports, and upon the coafts 
 and lands of either confederate, going, returning, and 
 walking, for the defence of their perfons and goods, 
 to carry any kind of portable arms, as well oftenfive 
 as defenfive, fo that they give no juft caufe of fufpi- 
 cion to the commanders and' magiftrates of any place, 
 of any plots or contrivances againft the public or pri- 
 vate peace. 
 
 XXVIII. The convoys or fhips of war of either 
 party, meeting in their voyage, or overtaking any mer- 
 chants fhips, or others, belonging to the other confe- 
 derate or his fubjects, and making the fame courfe at 
 fea, in Europe or out of Europe, fhall be obliged to 
 guard and defend them as long as they fhall hold the 
 fame courfe together. 
 
 * XXIX. For
 
 92 TREATIES [1640 
 
 XXIX. For the greater fecurity of commerce and 
 freedom of navigation, it is concluded and agreed, 
 that neither part, as much as may be, and (hall lie 
 in their powers, fhall permit that public pirates or 
 other robbers upon the fea, in any the ports of the other 
 kingdom or country, have their receptacles or retreats, 
 or ihall fuffer that any of the inhabitants or people of 
 either Prince do receive them into their houfes, or 
 fupply them with provifions, or be otherwife aflifling 
 to them; but, on the contrary, fhall endeavour that the 
 faid pirates or robbers, and their partizans and accom- 
 plices, be apprehended and punifhed according to their 
 demerit, and the fhips and goods, as much as can be 
 found of them, reftored to the lawful owners or their 
 agents, provided their right be made appear by due 
 proof of law in the court of admiralty. 
 
 XXX. It is concluded and agreed, that there (hall 
 be- at all times free accefs for the fubjecTs and people 
 of either party, to the ports and coafts of both Princes, 
 and it (hall be lawful for them to remain therein, and 
 from thence again to depart, and- alfo to pals through 
 the feas and territories whatsoever of either King re- 
 fpe&ively (not committing any wafte or injury) not 
 only with merchant-ftiips, and fhips of burthen, but 
 alfo with (hips of war, whether the fame be upon the 
 public account, or acting by private commiffions; 
 whether they enter by reafon of tempeft, and for 
 avoiding the danger of the fea, or to refit or buy pro- 
 vifions : fo that they exceed not the number of fix 
 Ihips of war, if they enter of their own accord, nor 
 Ihall they remain longer in or about the ports than 
 (hall be neceffary for the refitting of their fhips, buy- 
 ing provifions or other neceffaries : and if they fhould 
 upon occafion defire to come into the faid ports with a 
 greater number of (hips of war, it (hall in no wife be 
 lawful for them to enter thereinto without firft giving 
 timely notice by letter of their coming, and obtaining 
 leave of thofe to whom the forefaid ports belong. 
 But if by force of tempeft, or other urgent neceflky, 
 
 they
 
 1780.] WITH DENMARK. 93 
 
 they fhall be compelled to put into harbour, in fuch 
 cafe, without any precedent notice, the fhips lhall not 
 be reflrained to a certain number j but with this con- 
 dition neverthclefs, that their admiral or commander 
 in chief, prefently after his arrival, fhall make ac- 
 quainted the chief magiftrate or commander of the 
 place, haven, or coaft, whither they are come, with 
 the caufe of his coming; nor (hall he flay longer there 
 than fhall be permitted him by the chief magiftrate 
 or commander, and lhall not acl or attempt any hoilility 
 in the ports whereinto he hath betaken himfelf, or any 
 thing prejudicial to him of the two confederates to 
 whom they lhall belong. 
 
 XXXI. It fhall not be lawful for the fubjecls of either 
 King, or the inhabitants of the kingdoms or lands 
 under their obedience, to procure of any prince or 
 ftate who is at difference, or in open war with either 
 of the confederates, letters patents, called commifiions 
 or reprifals, much lefs by virtue of fuch letters to mo- 
 left or damnify the fubjecls of either. Both the faid 
 Kings fhall ftriclly prohibit their fubjecls refpeclively, 
 that they do not procure or accept from other princes 
 or ftates any fuch commiflions; but fhall, as much as 
 in them lies, forbid and hinder the committing of any 
 depredations by virtue of fuch commiflions. 
 
 XXXII. If any fhip or fhips belonging to the fub- 
 jecls of either King be taken in the ports of either by 
 a third party, they in whofe port, or within whofe jurif- 
 diclion whatfoever the forefaid fhips fhall be taken, 
 fhall be mutually obliged to ufe their endeavour, to- 
 gether with the other party, for the finding -and re- 
 taking the laid fhip or fhips, and reftoring them to the 
 owners ; which nevertheleis lhall be done at the charge 
 of the faid owners, or the parties interefted. 
 
 XXXIII. But if alfo in the fhips taken by the 
 fubjecls of either confederate, and brought into any 
 port belonging to the other, there be found any lea- 
 men or other perfons who are fubjecls of that confe- 
 derate
 
 94 TREATIES [1640 
 
 derate into whofe ports or rivers the prize fliall be 
 brought, they fliall be civilly ufed by thofe who have 
 taken them, and reftored to their liberty forthwith, 
 and without ranfom. 
 
 XXXIV. But if a (hip of war, or any other, laden 
 with prohibited goods belonging to the other crown, 
 happen to be taken ; it fhall not be lawful for the cap- 
 tains or commanders who have taken her, to open or 
 break up any chefts, tons, or bales on board the faid 
 fhip, nor likewife to transport or otherwife alienate 
 any of her merchandize, until they have been firft put 
 on fhore, and an inventory thereof made before the 
 judges of the admiralty. 
 
 XXXV. And for the greater fecurity of the fub- 
 jefts of both Kings, and for preventing of all violence 
 towards them from the faid fhips of war j all com- 
 manders of any the (hips of war belonging to the 
 King of Great Britain, and all other his fubjefts 
 whatfoever, fhall be ftriftly charged and required, 
 that they do not moleft or injure the fubje<5b of the 
 King of Denmark ; if they fhall do otherwife, they 
 fhall be liable to anfwer it in their perfons and eftates, 
 and fhall therein ftand bound until juft fatisfaftion and 
 compenfation fhall be made for the wrongs by them 
 done, and the damage thereby fuftained or to be fuflained: 
 in like manner fhall all commanders of the fhips of war 
 belonging to the King of Denmark, and all other his 
 lubjedts whatfoever, be ftraitly, under the fame penal- 
 ties, charged and required that they do not moleft or 
 injure the faid fubjefts of the King of Great Britain: 
 provided neverthelefs, that all the forefaid actions be 
 examined and adjudged by due and legal proceeding in 
 the court of admiralty of both Kings; or if it fhall rather 
 feem meet to either of the parties, being a flranger in 
 the place where the controverfy is to be decided, they 
 fhall be examined before certain commiflioners, which 
 both Kings, fo foon as they fhall be defired, fliall ap- 
 point to that end, that fo proceedings by this means 
 
 may
 
 1780.] WITH DENMARK. 95 
 
 may be not only carried on without great expences, 
 but alfo ended within three months at fartheft. 
 
 XXXVI. Both Kings (hall take care, that judg- 
 ment and fentence, in things taken at fea, be given 
 according to the rules of juftice and equity, by per- 
 fons not fufpected or interefted ; and being once given 
 by fuch judges as aforefaid, they fhall ftraitly charge 
 and require their officers, and whom it fhall concern, 
 to fee the fame put in due execution according to the 
 form and tenor thereof. 
 
 XXXVIT. If the ambafladors of either King, or 
 any other public minifters refiding with the other King, 
 fhall happen to make complaint of any fuch fentence, 
 that King to whom complaint fhall be made, fhall 
 caufe the faid judgment and fentenCe to be re-heard 
 and examined in his council, that it may appear whe- 
 ther all things requifite and neceffary have been per- 
 formed according to the rules of this treaty, and with 
 due caution: if the contrary fhall happen, it fhall be 
 redrefled, which is to be done at the fartheft within 
 three months time. 
 
 Neither fhall it be lawful, either before the giving 
 of the firft fentence, or afterwards during the time of 
 re-hearing, to unlade or fell and make away the 
 goods in controverfy, unlefs it happen to be done 
 by confent of parties, and to prevent the perilhing of 
 the faid goods and merchandize. 
 
 XXXVIII. The faid Kings fhall have in each 
 other's court their minifters, and in certain ports their 
 confuls, for the better and more eafy communicating 
 and propofmg fuch things as they fhall think advan- 
 tageous to the public intereft, or private concerns of 
 any particular perfon. 
 
 XXXIX. No private injury fhall in any wife let- 
 ten this treaty, nor fhall raife any difcord or hatred 
 between the forefaid nations, but every man fhall 
 anfwer for his own doings, and fhall be refponfible 
 
 therefore;
 
 9 t TREATIES [1640 
 
 therefore ; nor fhall one man fuffer for that which an- 
 other has offended in, by having recourfe to reprifals, 
 or-fuch like rigorous proceedings, unlefs juftice be 
 denied or delayed longer than is fitting. In which cafe 
 it ihall be lawful for that King, whole fubjecl has re- 
 ceived the injury, to proceed according to the rules 
 and prefcripricns of the law of nations, until repara- 
 tion be made to the party injured; provided notwith- 
 ftanding, that he have fir ft in due manner advert! fed 
 the other King thereof. 
 
 XL. Alfo it is agreed, that if the Hollander, or 
 any other nation whatfoever (the Swedifh nation only 
 excepted) hath already, or Ihall hereafter obtain any 
 better articles, agreements, exemptions, or privileges, 
 than what are contained in this treaty, from the King 
 of Denmark, that the fame and like privileges fhall 
 be likewife granted to the King of Great Britain and 
 his fubjefts, effcaually and fully, to all intents and 
 purpofes; and on the other fide, if the Hollander, or 
 any other nation whatfoever, hath or ftiall obtain from 
 his Majefty of Great Britain, any better articles, agree- 
 ments, exemptions, or privileges, than what are con- 
 tained in this treaty, that the fame and like privileges 
 ihall be granted to the King of Denmark and his fub- 
 jefts alfo, in moft full and effectual manner. 
 
 XLI. It is alfo concluded, that former treaties 
 and leagues, at any time heretofore made between the 
 forefaid confederates or their predeceflbrs, Kings, as 
 well for the kingdoms of Great Britain, &c. as for 
 the hereditary kingdoms of Denmark and Norway, 
 &c. refpeftively, be not in the leait reputed or taken 
 to be broken and abolifhed by any agreement, cove- 
 nants, or articles in the prefent treaty contained i but 
 that the fame remain in full force, effect, and virtue, 
 io far as they are not contrary or repugnant to the 
 prefent treaty, or any article therein contained. 
 
 XLII. Finally, it is covenanted, concluded, and 
 agreed, that the forefaid Kings fhall fmcerely and 
 
 lend
 
 1780.] WITH DENMARK. 97 
 
 bond fide obferve all and fmgular the articles contained 
 and fet down in this treaty, and fhall caufe them to be 
 obierved by their fubjedts and people i nor fhall tranf- 
 grefs the fame directly or indiredly, or fufFer the fame 
 to be tranfgreffed by their fubjefts or people, and {hall 
 ratify and confirm all and fingular the premifes as be- 
 fore agreed, by letters patents fubfcribed with their 
 hands, and fealed with their great feals, in good, fuf- 
 ficient, and effectual form, and /hall deliver the fame 
 reciprocally within three months after the date of thefe 
 prefents, or caufe them to be delivered, in good faith 
 and reality, and with effect. 
 
 Given at Copenhagen, the i2th day of July, 1670. 
 
 The following Explanation of the Third Article of the 
 Treaty of Alliance and Commerce, which was concluded 
 in 1670, between their late Majejlies, Charles the 
 Second, and Chriftian the Fifth, was made by a 
 Convention, dated the +tb of July, 1780. 
 
 LES deux Souverains contractants s'engagent reti- 
 proquement, pour eux et pour leurs fuccefieurs, de ne 
 point fournir aux ennemis de Tun ou de 1'autre, en terns 
 de guerre, aucun fecours, ni foldats, ni vaifieaux, ni au- 
 cuns des effets et marchandifes dites de contrebandei 
 de defendre egalement a leurs Sujets de le faire; et de 
 punir feverement, et comme des infracleurs de la paix, 
 ceux qui oferoient contrevenir a leurs defenfes a cet 
 egard. Mais, pour ne laiffer aucun doute fur ce qui 
 doit etre entendu par le terme de contrebande, on eft 
 convenu, qu'on n'entend fous cette denomination que 
 Jes armes, tant a feu que d'autres fortes, avec leurs 
 aiiornmens, comme canons, moufquets, mortiers, pe- 
 tards,bombes, grenades, cercles-poifles, faucifles, affuts 
 tourchettes, banderollieres, poudre, meches,-falpetre 
 balles, piques, epees, n\orions, cuirafles, haUebardes' 
 
 - H i ances ;
 
 9 g TREATIES [1435 
 
 lances* javdines, chevaux, lelles de chcval, fourreaux 
 de piflokts, baudriers, et gtncralement tous aucres af- 
 fortimens fervant a 1'uiage de la guerre, de mcme que 
 le bois de conftru&ijn, le goudron, ou puix refine, 
 1$ cuivre en feuille, les voiles, chanvres et cordages, 
 et generalement tout ce qui fert direftement a 1'cijuip- 
 pement des vaifleaiix ; le fcr non ouvragc,et les planchet 
 de fapin cependant excrptcs. 
 
 Mais il eft expreflement declare, que, dans ce genre 
 de marchandifes de contrebande, Ton ne comprend 
 point le poiflbn et la viande frakhe ou falce, les fro- 
 mens, farines, bleds ou autres grains, les legumes, 
 1'buile, le vin, et generalement tout cc qui fcrt a la 
 nourriture et fuftentation de la vie; et ainfi toutes ces 
 chofes pourront toujours fe vendre ct tranlporter, 
 comme les autres marchandifes, meme aux lieux tenus 
 par un ennemi des deux Couronnes, pourvu qu'ils nc 
 loient afliegcs ou bloques. 
 
 The
 
 I73 1 -] WITH THE HANSE TOWNS. -99 
 
 The HANSE TOWNS, 
 
 THERE were various treaties between 
 England and the Hanfe'TownSj from 
 1435 to J 57^> when their peculiar privi- 
 leges, within this kingdom, were entirely 
 abrogated by Queen Elizabeth. 
 
 Rym. Feed. vol. x. p. 627-57-666. 
 vol. xi. p. 217-645-729-739- 
 780-793. 
 
 167^. The city of Hamburgh's inftrument, 
 12 Jan. obliging itfelf to pay 35,000!. as compen- 
 fation for the lofs of certain Englifh fhips 
 in the river Elbe. 
 
 Pap. Off. R.i. 
 
 1706. The treaty of commerce with Dantzic. 
 i Oft, Pap. Off. R. 4. 
 
 Board of Trade, Q^ 14. 
 
 1711. The convention with Hamburgh, about 
 31 Jan, the herring trade. 
 
 Pap. Of. R. 5, 
 
 Board of Trade, O. 128. 
 
 17 l,|. The convention with Hamburgh, about 
 8 Feb the herring trade* 
 
 Pap. Off. R. 6. 
 
 Board of Trade, P. 165% 
 
 1731. The convention with the city of Bremen, 
 17 Oct. touching the commerce of herrings. 
 Pap. Off. R. 7. 
 Board of Trade,V . 88. 
 
 H % {The
 
 ioo TREATIES [1435 
 
 [The following treaty of commerce, between Great 
 Britain and Dantzic, is printed from a copy in the 
 book of treaties, belonging to the late Board of Trade.] 
 
 'The Treaty of Commerce with Dantzic, dated |-j- Oc* 
 tober> 1706. 
 
 WHEREAS her Sacred Majefty Anne, by the 
 grace of God, of Great Britain, France, and Ireland, 
 Queen, Defender of the Faith, at the requeft of her 
 fubjefts, merchants refiding in the city of Dantzic, 
 moft gracioufly commanded the Excellent and Reve- 
 rend Dr. John Robinfon, Doctor in Divinity, and 
 Canon of the cathedral and metropolitical church of 
 Chrift at Canterbury, her Ambaflador Extraordinary 
 and Plenipotentiary, that he (hould confer with the 
 moft Noble Magiftracy of the faid city, in order to 
 the removing certain grievances in trade, whereby 
 the Britifh merchants at Dantzic are opprefled ; and 
 the Magiftracy aforefaid, being difpofed and inclined 
 to all thofe things which may be grateful and ac- 
 ceptable to her Majefty, and very much defiring 
 that the Britifh merchants refiding at Dantzic, and 
 thofe of Dantzic in Great Britain, may enjoy mu- 
 tual advantages, hath named their deputies, the No- 
 ble Lords M. Gabriel von Boemeln, Conful, and John 
 Erneft von der Lindc, Conful and Syndic, to confer 
 and treat upon that affair with the aforefaid Minifter 
 and Plenipotentiary : Whereupon the faid Minifter 
 and Deputies confented and agreed unto the follow- 
 ing articles. 
 
 I. As formerly and hitherto, fo alfo hereafter for 
 the future, it fhall be lawful for the fubjefts of the 
 kingdoms of Great Britain, to wit, England, Scot- 
 land, and Ireland, as of a nation in amity, freely to 
 dwell at Dantzic, as long as they will, without any 
 moleftation, and exercife trade there ; that i> to fay, 
 to import whatlbever merchandizes of other nations, 
 which it is lawful by fea or land to bring from fo- 
 reign 

 
 .I73I-] WITH THE HANSE TOWNS. 101 
 
 reign parts to Dantzic, and, having paid the due and 
 ufuai cufloms, to keep them in cellars, warehoufes, 
 and ftorehoufes, and thence fell them to the citizens 
 of Dantzic j or if, perhaps, they cannot fell them, to 
 export them again by fea, in what fhips they lhall 
 think fit, having paid the duties at their going out, 
 which the citizens themfelves do; as alfo buy all 
 merchandizes whatfoever of the citizens of Dantzic, 
 and tranfport them by fea to what foreign parts fo- 
 ever they pleafe , neverthelefs always obiei ving the 
 laws and ftatutes of the faid city refpectmg either 
 commerce, or any other right or privilege what- 
 foever. 
 
 II. But as to herrings in particular, and ever)* kind 
 of fait fifh, it (hall be lawful to keep thefe goods 
 brought by Britifh fubjects, and to put them in cel- 
 lars, warehoufes, and ftorehoufes, and have the fame 
 privileges as the Dutch merchants dwelling in Dant- 
 zic: yet fo, that they muft declare in the cufiom- 
 houfe the faid merchandizes, as well as all others, ac- 
 cording to the true confignment of the fame, as alfo 
 commit them to the care and infpection of officers 
 fworn to approve and examine the fame ; but they 
 fhall not deliver any of the faid goods into the buy- 
 ers hands, before they are expofcd by the officers 
 upon the public bridge, and fubjected to their ap- 
 probation and examination : In like manner alfo, the 
 fubjects of Grear Britain fhall be allowed to export 
 herrings and fait by fea, paying cuftom for the fame, 
 provided they cannot fell them at Dantzic (fufpend- 
 ing as heretofore, fo now, and as far as may be, with- 
 out prejudice to the public good, the execution of 
 an edict publifhed in the month of March, in the 
 year 1687) ; but when it fh.all be necefiary to enforce 
 the faid edict, and put it in execution, the fame lhall 
 be previoufly notified to the Britifh merchants for 
 the fix preceding fummer months. Moreover, be* 
 caiife the aforefaid merchants ought not to enjoy i&e 
 proper rights and privileges of the citizens in buying 
 H 3 and
 
 ici V. TREATIES [143$ 
 
 and felling, neither fhall the Britifh fubjects, who 
 lodge with any citizen of Dantzic, and have no fa- 
 mily of their own, be obliged to execute perlbnal of- 
 fices and employments, as for example, to undertake 
 the guardianfhip of others, the government of churches 
 and hofpinls, or thofc of any other kind whatfoever; 
 nor to pay the fubfidy that is impofed on the citizens 
 and inhabitants, or any other burthens, befides the 
 juft and ufual duties at coming in and going out, for 
 their fhips and mei chandizes, as much, namely, .is 
 fhali be paid by the citizens themfelves, either for 
 their perfons or goods, and commodities whatfoever ; 
 but others who have hired houfes and fixed habita- 
 tions at Dantzic, and ufe and dwell in them, and have 
 families of their own, they (hall hereafter pay and be 
 fubject to all duties and impofitions, without mur- 
 muring or refufal, which fhall be required not only 
 from the citizens, but from all the inhabitants in 
 general, an equality being always obfervrd, that they 
 are not more burthened than the other inhabitants. 
 
 III. Moreover, there fhall be entire liberty as well 
 for the Britifh merchants themfelves, or if they have 
 a family, as for the Britiih heirs of the dtceafed to 
 change place, and remove from Dantzic all their 
 goods and effects, whenever and wherefoever they 
 fhall think fit ; and thofe of Dantzic, or any Dant- 
 zic heirs of the deceafed, fhall alfo equally enjoy the 
 fame right in ail things in the kingdom of Great 
 Britain. 
 
 IV. A .Britifh Ihip being driven by ftorm going 
 into port and the river Weifiell, fhall pay nothing 
 more th m the money to the pilots, and for clearing 
 out the ballaft (commonly called Lotfs and Bagger 
 Gild) j but with this difference, that a Ihip of grea* 
 burthen lhall bear the fjid expences according to the 
 proportion of lads which, for eafier entrance, fhe 
 unloadeth into leffer vefiels. And a little fhip that 
 unloadeth no goods, fhall pay at leaft half the money 
 
 for
 
 J7JI.J WITH THE HANSE TOWNS. 103 
 
 for clearing out ballaft (for hereafter a rate (hall be 
 fettled of the payments to pilots, according to certain 
 fleets of fhips) ; but if fuch fhip fhall be brought to 
 the city or place appointed for repairing fhips, then 
 it fhall pay all and fmgular the impofitions nfually 
 demanded of fhips, the expences to be paid ' to offi- 
 cers being within moderation, according to the pro- 
 portion of the fhip ; though the goods, which in that 
 cafe the fhip hath landed for its necefiaiy repair, and 
 afterwards received back, fliall be free from any duty 
 or impofition, and not like the reft of the loading. 
 
 And if there lhall be occafion to fell any part of the 
 goods for the laid reparations, or to buy provinons, 
 the accuftomed duties foi this proportion of goods onty 
 lhall be paid ; and it (hall not be lawful to take out 
 any part of the goods, without leave firft obtained of 
 the magiftrate. 
 
 But as often as any fhip which fhall arrive from fo^ 
 reign parts into the flation of the Dantzic ihips, and 
 bound with her loading to another place, fhali unload 
 any goods to be carried into the city ; or if any goods 
 are to be carried on board any fhip arriving from fo- 
 reign parts, and bound to another place, but not un- 
 loading any goods ; in this cafe the whole cuftom mufl 
 be paid for the fhip, that is to fay, as much as is re- 
 quired in that cafe for the Dantzic Ihips themfelves ; 
 but the other impofitions lhall be levied, as well upon 
 view of the fhip as by reafon of the merchandizes, ac T 
 cording to the proportion of lafts unloaded or impor- 
 ted. But if fuch Ihip unloading any merchandize, has 
 a mind to import into the city other goods in lieu of 
 thofe unioaden, in that cafe the duties fhall be pro- 
 portionably paid, according to the rate of the lafts 
 which lhall remain imported. 
 
 V. For as much as the Britifh merchants, defiring 
 to provide for the payment of the cuftoms in a man- 
 ner lefs troublefome, but not with lefs fafety, did ob- 
 tain from the magiftrates of Dantzic, by the conclu^ 
 H 4 (ion
 
 ,04 TREATIES [1435 
 
 fion of the States of the city of the 22d July, 1705, 
 that inftead of the ufual money to be paid in the 
 chamber (cuftom-houfe) perfonal fecurity fhould be 
 admitted to be taken, whereby all and fmgiilar the 
 merchants of the Britilh nation, refiding in Dantzic 
 for the time being, were bound, and the faid States 
 were pleafed again to prolong the fame method of fe- 
 curity for another year ; it is therefore agreed, that the 
 faid ufe of perfonal fecurity lhall remain to the end of 
 the faid year, nor is it hereafter to be doubted that 
 any thing fhall be changed therein, except it fhall be 
 found by experience that the Britifh merchants abuft- 
 that conceflion, and perform not their part, or that 
 other weighty confiderations require it otherwife. 
 
 VI. Whereas commerce and the credit of traders, 
 which are mutually necefiary, ctnnot flourifh or lub- 
 fift without a ready adminiftration of juftice, the rr.a- 
 g'ftrate fhall therefore take care that regard be had 
 to the Britifli merchants in all caufes, and to their juft 
 defnes in this particular. And a Dantzic merchant 
 being creditor in fpecie, fhall not arreft the perfon or 
 goods of any Britifh merchant his debtor, who fhall 
 be willing to give fufficient fecurity ; and by the like 
 fufficient fecurity to be given, a citizen of Dantzic 
 that is debtor, fhall be refponfible to a Britifh mer- 
 chant that is creditor and fuitor. The citizens of Dant- 
 zic fhall reciprocally enjoy die fame right in the king- 
 doms of Great Britain, &c. 
 
 VII. In caufes relating to trade carried on with fo- 
 reigners, againft the rights of the city, the procefs 
 againft Britilh merchants fhall be made in the fame 
 manner and form of law as is ufual to proceed againft 
 the citizens themfelves in the fentence of punifhment, 
 according to the prefcription of the ftatute law hitherto 
 conftanrly obfcrved, and in this cafe exaft equity fhall 
 be obferved; nor fhall the magiftrate omit to take 
 care as well to prevent the lengthening of fuits, as 
 alfo to correct the other abufes, which by the ma- 
 lice
 
 T73*-] WITH THE HANSE TOWNS. 105 
 
 lice and obftinacy of the parties themfelves at law 
 in this behalf may have broke in. 
 
 VIII. If differences fhall happen to arife in civil 
 caufes merely maritime, between the commanders of 
 Britifli fhips and their feamen, that fhall require a 
 quick difpatch, the plaintiff, upon the requeft of the 
 adverfe party, {hall be referred to the minifter of Great 
 Britain (if there be any upon the place), or to two 
 Britifh merchants deputed for that purpofe, that the 
 difpute may be well and juPcly made up. But if that 
 cannot be, the magiitrate fliall plainly, and with-jut 
 any expence cf time or charge, take care to determine 
 the matter, that the faid feamen fhall not defert their 
 mafter and fhip to whom they belong, except for tfie 
 moft weighty reafons. 
 
 IX. The Britifh merchants refiding at Dantzlc 
 fhall have a minifter for the worfliip of God, who 
 fhall perform divine fervice in a private houfe, and in 
 the Britilh language, and fhall perform r.]ie other ofn- 
 ces of his function for thofe of the Britilh 'nation. And 
 the faid minifter, whether he hath a houfe and family 
 of his own or not, fhall enjoy the fame freedom as 
 the merchants. He fhall moreover enjoy, by the kind 
 indulgence of the magiflrate, an exemption of excife 
 of beer for the ufe of his houfe, and confumption of 
 his own family. And the minifters of the reformed 
 religion at Dantzic fhall hereafter be indulged in any 
 fuch refpedful privilege. 
 
 X. For preventing all abufes v/hatfoever in the 
 meafure of fait or pit coals, all the tons by which they 
 are meafured fhall be exactly adjufted, and a review 
 of them, whether they are altered in any parr, fhall 
 be yearly appointed ; and the coal infpeftor ihall be 
 feverely prohibited hereafter from taking to himfelf 
 any thing that Ihall accidentally fall upon the ground 
 in unloading the coals out of the fhip or cart, or fhall 
 be defignedly thrown out, but he fhall leave it to the 
 true owner j and the meafurers of fait fhall be enjoined 
 
 to
 
 JC 6 TREATIES [1435 
 
 to make juft and equal meafure, and to accept reward 
 from no perfon whatfoever, under the penalty of be- 
 ing removed from their office. 
 
 XI. And it (hall be lawful for the Britifh merchants, 
 in carrying their merchandizes between the city and 
 the ftation of the fhips, and vice verfa, to bring fmall 
 boats (commonly called boardings and ballaft boats) 
 for that puipofe, according to an order thereupon 
 made; nor fhall greater fi eight be exacted of them 
 for their goods than from the citizens thcmfclvcs : 
 and moreover it fhall be lawful for the Britifh fub- 
 jeifls who trade in Poland, to bring the goods bought 
 there to Dantzic, to be fold to the citizens, and cany 
 away thofe bought of the citizens, with the fame free- 
 dom as the Poles have hitherto, and may do hereafter. 
 
 XII. For as much as experience hath taught, that, 
 under the name of tobacco imported from England 
 and Holland, at the port of the city of Dantzic, an 
 herb of the like fpecies is brought hither, though of 
 very different goodnefs from it, and therefore of a 
 quite diffeient and much cheaper price, that we are 
 perplexed with exquifite and admitted frauds, ami by 
 this means the revenue of cuftoms is prejudiced, and 
 private buyers craftily deceived ; care fhall therefore 
 be taken, that the remedies introduced for preventing 
 thefe frauds may have their due efflft, and other pro- 
 per means ufed to obviate them hereafter. 
 
 For what remains j if any greater privileges, which 
 any wife refpeft the perfons, fhips, or goods of fo- 
 reigners at Dantzic, fhall be hereafter granted to any 
 foreign nation, the Britifli fubjefts fhall in the like 
 manner fully enjoy die fame for themfelves, their 
 ihips, and commerce. 
 
 But after the noble Magiflracy by their Deputies 
 have propofed certain requeits, whereof the citizens 
 and merchants of Dantzic moft humbly folicit her 
 Serene and Potent Majefty of Great Britain's 
 cpnceflion, the forementioned Minifter and Plenipo- 
 tentiary
 
 WITH THE HANSE TOWNS. 107 
 
 tentiaiy of her faid Majedy ufmg his good offices 
 therein, and have earneilly moved that certain incon- 
 veniences, .which have for fome time affefted the na- 
 vigation ard c : .merce of the people of Dantzic, in 
 the kingdom of Great Britain, may be kindly re- 
 moved and abolilhed ; and therefore conferences hav- 
 ing been likewife fet on foot upon this affair between 
 the faid Plenipotentiary and the Deputies of the Ma- 
 giftrates, all things being contidered, they thought tit 
 to provide for the requefls and grievances of the citi- 
 zens and merchants of Dantzic by the following ar- 
 ticles. 
 
 XIII. The citizens and inhabitants of Dantzic (hall 
 enjoy in tjie kingdoms of Great Britain, the fame rigiits 
 and liberties which they have hitherto obtained, and 
 are now in ufe ; and it fhall be therefore free for them 
 to come to, either by land or fea, all the dominions, 
 towns, and places whatfoever of England, Scotland, 
 and Ireland, and to enter into all ports with their 
 fhips, merchandizes, and cargoes, freely and with all 
 manner of fecurity, and to remain therein as long as 
 they pleafe, without any hindrance, and to trade and 
 deal by themfelves, or their factors and fervants, and 
 to import at pleafure any merchandize of the product 
 or manufacture of the territories of the faid city of 
 Dantzic or Pruflia, or fuch as fhall be firft commonly 
 brought from other parts to the port of Dantzic, to 
 be tranfported thence by fea to other places and terri- 
 tories, and in like manner to export merchandize of 
 all forts ; on this condition, neverthelefs, that they 
 pay and bear the cuftoms and all other impofitions 
 that are equally to be paid and difcharged by all other 
 foreigners refiding or trading there j and that they ob- 
 ferve die laws, ftatutes, and cuftoms of this or that 
 place where they fhall come, and conform themfelves 
 thereto. But fo often as the mafters of Dantzic fhips 
 buy fait or pit coals in fpecie (neo caftri) at Newcaf- 
 de, or at any places of the kingdom of Scotland, they 
 fhall not be obliged to pay, or be loaden with greater 
 
 impofitions
 
 ,o& TREATIES [1435 
 
 impofitions and cofts, than other foreign nations doing 
 the fame are obliged to pay. 
 
 XIV. The (hips of Dantzic being duly furnifhed 
 with authentic pafTports and certificates, by which the 
 propriety of the.fliips and cargo may certainly appear, 
 and that they neither carry Contraband goods, nor 
 thofe of the enemy; they fhall not be flopped by Bri- 
 tilh privateers in the Britifh feas, or ellewhere in their 
 voyage, much lefs detained, vifited or taken, and car- 
 ried into the ports of Great Britain : but if this dated 
 and ufual form of certificate be not produced, or there 
 be feme other juft and urgent ground of fuipicion, 
 then the fhip may be vifited ; neverthelefs, this per- 
 miffion is to be underftood in fuch cafe only, and not 
 otherwife : and if any tiling (hall be done contrary to 
 the true and genuine fcnfe and meaning of this arti- 
 cle, a fevere penalty fhall be inflicted on the offend- 
 ers, and ample fatisfaction fhall immediately be made, 
 without any delay, to the paity injured, for his lols, 
 damage, and expences. 
 
 XV. As often as a fhip of Dantzic, laden with 
 goods on the account of Britifh merchants, fhall ar- 
 rive in any port of Great Britain, the Britifh mer- 
 chants fhall take care that it be unladen as foon as 
 
 be, and pay the Dantzic mafters of (hips the price of 
 tranfportation or freight in ready money (and not in 
 bills, but they lhall repay the charges, that is to fay,' 
 the money paid to the pilots) according to contrad 
 and agreement, for undertaking the voyage between 
 the owners and mafters of the ihips. 
 
 XVI. For as much alfo as complaints and differen- 
 ces do often arife between the Britifh merchants and 
 mafters of fhips, for pretended damage done to their 
 goods, and compenfation thereof; wherefore, to obvi- 
 ate fuch things for the future, left any tiling be al- 
 lowed not agreeable to juftice and equity, it fhall 
 not be lawful for Britifh merchants, upon view of 
 certain pretended damage, to with-hold from the Dant- 
 zic
 
 I73I-] WITH THE HANSE TOWNS. 109 
 
 zic matters of {hips as much as they pleafe and de- 
 fire, of the price of hire for freight due to them ; but 
 a juft and exact account of the real damage {hall be 
 taken, and the Dantzic mafters be obliged only to pay 
 the true value thereof. 
 
 XVII. As often as any Britifli merchant {hall po- 
 fitively and effectually agree with a Dantzic matter of 
 a {hip, being in the kingdom of Great Britain with 
 his Ihip, for the carrying of goods, they ih all, bond 
 fide, mutually perform and comply with fuch contract 
 and agreement ; nor {hall it be lawful for the mer- 
 chant, by preferring other {hips, though Britifli, to 
 detain the Dantzic fliip beyond the appointed time. 
 In like manner alfo, the Briti{h mafters of {hips, as 
 often as they cut the cable, fhall be obliged to make 
 good the lofs accruing thereby to the Dantzic maf- 
 ters of {hips who were not in fault, not only by pay- 
 ing one Englifli {hilling, but the true and juft price 
 thereof! 
 
 And, as all and fingular the premifes contained in 
 the foregoing articles are agreed and confented unto ; 
 fo, after the approbation and ratification thereof by 
 the moft Serene and Potent Queen of Great Britain 
 {hall come and be exchanged with the ratification in, 
 like manner to be delivered by the Noble Magiftracy 
 of Dantzic, they fhall conftantly and inviolably be ob- 
 ferved in all and every the points and claufes thereoE 
 
 In teftimony and greater confirmation whereof, the 
 Minifter and Plenipotentiary of the moft Serene 
 and Potent Queen of Great Britain, as well as 
 the Deputies of the Noble Magiftracy of Dant- 
 zic, have fubfcribed and ratified thefe articles with 
 their hands and feals. Done at Dantzic the ^ 
 day of October, in the year 1706. 
 
 7. Robinfon, (L. S.) Gabriel von Boemeln, (L. S.) 
 Jo. Ernejl von d$r Linde, (L. S.) 
 
 [The
 
 IIO TREATIES [1435 
 
 [The following is printed from the copy which was 
 
 publilhed by authority in 1717.] 
 
 HAMBOURG. 
 
 IN the Convention which was made in the year 
 1609, between the States of the province of Hol- 
 land and this city, it is laid down as a certain princi- 
 ple, that Herrings caught before Midfummcr-day 
 cannot be at their maturity; and therefore thofe 
 States and this city agreed, that no Herrings caught 
 before that day fhould be brought in and fold here. 
 But Mr. Wich, Refident of the King of Great Bri- 
 tain, having infifted with the Senate that his Majef- 
 ty's fubjects might be allowed to bring Herrings here 
 as foon as they can; the Senate came to a refolution 
 thereupon, which was entered in their Protocol the 
 3d of April, 1716, and a copy of it, figned by their 
 Secretary, was delivered to the faid Britilh Refident, 
 being as follows. 
 
 Extract from the Protocol of the Senate e/Hambourg, 
 the ^d of April, 1716. 
 
 Refolved to depute the Syndic, M. Sillem, and 
 M. van Sam, to communicate to the Refident of his 
 Britannic Majefty, an authentic copy of the treaty 
 made with the States of Holland ; and to reprefent 
 to him, that he will fee by it, how it has always been 
 laid down for an unalterable principle, that no Her- 
 ring can come to its maturity before Midfummer- 
 day ; for which reafon the Senate cannot take upon 
 them to change the eftablifhed rule. However, the 
 Senate does hereby give afifurance to the Refident, 
 that if the fubjects ot his Britannic Majefty can give 
 proof that there is no true ground for this principle 
 which has obtained, and will bring hither before 
 Midfummer-day Herrings in maturity, then the Se- 
 nate will not make any difficulty to let them be im- 
 ported. Nicb. Luke Scbafsbaufen, Secretary. 
 
 This permiflion was confirmed by the Senate, under 
 the privy feal of the city, on the jd of July, 1716. 
 
 6 [The
 
 I73I-] WITH THE HANSE TOWNS. in 
 
 [The following Convention is printed from the ori- 
 ginal.] 
 
 Convention renouvellee et amplijiee, entre Sa Majefte 
 Britannique et la Ville ^'Hambourg, toucbant le 
 Commerce des Harengs. Fevrier 8"% 1719. 
 
 A S AVOIR qu'entre le fereniffime et tres-puifiant 
 Prince et Seigneur, George, Roi de la Grande Bretagne, 
 &c. par fon Miniftre Refident, Monfieur Cyrille de 
 Wich, d'un cote ; et la Louable Republique d'Ham- 
 bonrg, par les Deputes de fon Honorable Senat, les 
 Sieurs Jean Anderfon, Syndic, Pierre Burmcfter, et 
 Henry Dieteric Wiefe, Senateurs, de 1'autre cotej en 
 vertu de leurs Pouvoirs et Commifllons, la Convention 
 de 1'annee 1711 a etc renouvellee, expliquee et am- 
 plifiee dans les fuivans Articles, pour fervir de Regle- 
 ment conftant au libre Commerce du Hareng qui fe 
 peche par les Sujets de Sa Majefte Britannique fur les 
 cotes de fes Royaumes. 
 
 I. La Ville d'Hambourg accorde la permiflion, 
 que le Hareng qui fe peche fur les cotes de la Grande 
 Bretagne foit apporte librement a ladite Ville, en 
 payant les memes droits d'entree qui fe payent ordi- 
 nairement pour le Hareng Flamand ou Hollandois. 
 
 II. Ce Hareng, des fon arrivee, fera tout mis dans 
 le magazin, ou les magazins qu'on jugera les plus con- 
 venables et propres pour y etre garde, moyennant que 
 les proprietaires en payent un loyer raifonnable par 
 tonneau, felon qu'ils en pourront convenir avec le 
 maitre du magazin. 
 
 III. Ce Hareng fera ouvert dans la cour du ma- 
 gazin, de la meme maniere que celui de Hollande, a 
 la vue de tous ceux qui voudront y etre prefens; la 
 faumure en fera tiree ; et apres que le vuide des ton- 
 neaux fera rempli de bons poifibns, la faumure y fera 
 remife, le poiffon reftant toujours dans fon premier 
 tonneau, fans etre rempacquete d'un tonneau a 1'aucre. 
 De plus, U fera taxe, et on mettra, felon fa qualite, 
 U marque et le cercle conyenables fur le tonds et au 
 
 milieu
 
 ii2 TREATIES [1435 
 
 milieu de chaque tonncau > et pour faire voir que ce 
 n'eft pas du Hareng p'lamand ou Hollandois, mais 
 celui de la Grande Bretagne, on fera brulcr au fond de 
 chaque tonneau un B couronne. 
 
 IV. Pour cette fin le Senat s'oblige de choifir ct 
 conftituer deux taxadeurs, ordinairement dits Wra~ 
 quers, et deux empacqueteurs; et afin qu'on ne les 
 puiffc pas foupc,onner de partialite, ils n'auront aucune 
 dependance ni communaute avec les Scbonenfabrer s : 
 Et ces dits Wraquers et empacqueteurs feront un fer- 
 ment folemnel, confurme au fens dc cet Article, de- 
 vant 1'Honorable Senat, lequel ferment leur fera rci- 
 tere tous les ans, au commencement de Juin, par les 
 Deputes du Senat. 
 
 V. Si les proprietaires, ou leurs commiffionnaires, 
 viennent en perfonne avec leur Hareng, ils auront la 
 liberte de le vendre indirTcremment aux bourgeois ou 
 habitans de la Ville, a qui ils voudront: mais fi, dans 
 1'efpace de huit jours, ils ne le pourroient dcbiter a 
 ceux-ci, il leur fera permis dc le vendre a quiconque 
 ils voudront, ou meme de 1'envoyer hors de la Ville, a 
 tel endroit qu'ils jugeront convenablc. 
 
 VI. Quand les proprietaires voudront envoycr leur 
 Hareng a des commiffionnaires, pour le de biter, ils fe- 
 ront tenus de choifir leur ccmmiflionnaire, ou d'entrc 
 la Louable Socicte Anglicane, rcfidante dans la Ville, 
 ou d'entre les bourgeois, qui, alors, le pourront ven- 
 dre a quiconque leur plaira, ou 1'envoyer hors de la 
 Ville, ou bon leur femblera. 
 
 VII. Outre ce dont on eft deja convenu ^i-deflfus, 
 les Sujets de Sa Majefte Britannique jouiront toujours 
 des memes privileges et avantages dans ce Commerce 
 des Harengs, qui font deja accordes, ou qui pour- 
 roient a 1'avenir etre accordcs, aux Sujets de Leurs 
 Hautes Puiffances, Mcffieurs les Etats Gcneraux des 
 1 rovmces-Unies. 
 
 VIII. De meme, il eft permis aux Sujets de Sa Ma- 
 jeite Britannique d'apportcr a Hambourg dcs' Sau- 
 
 mons.
 
 WITH THE HANSE TOWNS. 113 
 
 mons, Merlus, Morues, et toute autre forte de poi{Ibn a 
 foit feches ou fumes, en barriques ou fales; bien en- 
 tendu qu'ils payent, comme de coutume, le droit 
 d'entree on gabelle modique: de la meme maniere 
 il eft referve aux habitans et bourgeois d'Hambourg, 
 de negocier, -felon leur ancienne coutume, aux Pro- 
 vinces des Royaumes Britanniques, d'y mener des 
 marchandifes, et de les troquer ou changer centre ces 
 fortes de Poiflbns et d'autres denrees. 
 
 En foi de quoi, et en vertu des Ordres et Plein-pou- 
 voirs, que nous fufdits, le Miniftre de la Grande 
 Bretagne, et les Deputes d'Hambourg, avons 
 re(ju de Sa Majefte le Roi de la Grande Bretagne, 
 d'une part, et de PHonorable Senat, de 1'autre, 
 nous avons figne la prefente Convention renou- 
 vellee, et y avons fait appofer les fceaux de nos 
 armes. Fait aHambourg, ce 8 Fevrier 1719. 
 (L.S.) CynllWuh. 
 
 (L. S.) Johann. Anderjon^ Synclicus. 
 (L. S.) Petrus Burmefter, RofTman. 
 (L. S.) Henricus Ditericus Wiefe, Senateur. 
 
 [The following Convention with the city of Bre- 
 men is printed from a copy in the books of the Board 
 ofTrade, V. 8.] 
 
 Convention conclue entre Sa Majefte Britannique et la 
 yillede Bremen, touch ant le Commerce des Harengs, 
 
 S O I T notoire a tous ceux qui y ont interet, qu'en- 
 tre le fereniflime et tres-puifTant Prince et Seigneur 
 George II. Roi de la Grande Bretagne, &c. &c. par 
 fon Envoye Extraordinaire le Chevalier, Baronet Cyrill 
 Wich,d'un cote j et la Louable Republique de Bremen, 
 par les Deputes de fon Honorable Senat, les Sieurs 
 Chriftian Schone, et Gafpar a Rheden, Dodleurs en 
 Droit, de 1'autre cote; en vertu de leurs Pouvoirs et 
 Commiflions -, il a etc conclu et arrete les Articles 
 
 VOL. I. I faivans,
 
 II4 TREATIES [1435 
 
 fuivans, pour fervir de Reglement conftant au libre 
 Commerce du Harcng qui fc peche par les Sujets 
 de Sa Majefte Britannique fur les cotes de fes Roy- 
 aumes. 
 
 L La Ville de Bremen accorde la permiflion que le 
 Hareng qui fe peche fur les cotes de la Grande Bre- 
 tagne, avant ou apres le 24' de Juin N. St. Ibit ap- 
 porte librement a ladite Ville, en payant les memes 
 dioits d'entree qui fe payent ordinairement pour le 
 Hareng Flamand ou Hollandois, fans qu'ils ayent 
 befoin de produire aucun certificat fermentc touchant 
 le terns que ce Hareng ait etc peche ou pris. 
 
 II. Ce Hareng, des fon arrivce, fera tout mis dans 
 le magazin ou les magazins qu'on jugera les plus 
 convenables et propres pour y etre garde, moyennant 
 que les proprietaires en payent un loyer raifonnable 
 par tonneau, felon qu'ils en pourront convenir avec 
 le maitre du magazin. 
 
 III. Ce Hareng fera ouvert dans la cour du ma- 
 gazin, a la vue de tous ceux qui voudront y etre pre- 
 Jens; la faumure en fera tirce; ct apres que le vuide 
 des tonneaux fera rempli de bons poiflbns, la fau- 
 mure y fera remife, le poiflbn reftant toujours dans fon 
 premier tonneau, fans etre rempacquete d'un tonneau 
 a Tautre. De plus, il fera taxe ; et on mettra, felon 
 fa qualite, la marque et le cercle convenables fur le 
 fonds et au milieu dc chaque tonneau : et pour faire 
 voir que c'eft du Hareng de la Grande Bretagne, on 
 fera bruler au fond de chaque tonneau un B. couronne, 
 auffi bien que 1'an de la peche de ce Hareng. 
 
 IV. Pour cette fin, le Senat s'oblige de choifir et 
 conftituer deux taxadeurs, ordinairement dits Wraquers 
 et deux empacqueteursj et afin qu'on ne les puiflc 
 pas foup^onner de partialite, ils feront un ferment 
 folemnel devant 1'Honorable Senat, de taxcr les Ha- 
 rengs Britanniques felon leur bontc et exacle valcur, 
 et de les empacqueter avec tout le fjin imaginable ; 
 lequel ferment, conforme au fens de cet Article, leur 
 
 fcr
 
 t73i.] WITH THE riANSE tOWNS. 115 
 
 fera reitere tons les ans, au commencement de Juin, 
 par les Deputes du Senat. 
 
 V. Si les proprietaires3 oil leiirs commifTionnairesj 
 viennent en perfonrre a Bremen avec leur Hareng, ils 
 auront la liberte de le vendre indirreremment aux bour- 
 geois ou habitans de la Ville, a qui ils voudront: 
 mais fi, dans 1'efpace de huit jours, ils ne pourroient 
 debiter leurs Harengs a ceux-cij il leur fera permis 
 de les vendre a quiconque ils voudront, cu meme de 
 1'envoyer hors de la Ville, a Eel endroit qu'ils juge- 
 ront convenable. 
 
 VI. Quand ' les proprietaires voudront erivoyer 
 leurs Harengs a des commifllonnaires, pour les debiter, 
 ils feront tenus de choifir pour comrhiflionnaire un 
 Marchand Britannique, demeurant a Bremen, ou 
 quelque bourgeois de la Ville^ qui alors le pourront 
 vendre ,011 1'envoyer hors de la Ville, ou bon leur fem- 
 blera, felon le fens de I'Article precedent. 
 
 VII. Outre ce dont on eft deja convenu ci-derTus^ 
 les Sujets de Sa Majefte Britannique jouiront toujours 
 des memes privileges et avantages dans ce trafic des 
 Harengs, et tous autres commerces fans exception, 
 qui font deja accordes, ou qui pourroient a 1'avenir 
 etre accordes, aux Sujets d'aucune Puiflance la plus 
 favorifee. 
 
 VIIL De meme, il eft permis aux Sujets- de Sa 
 Majefte Britannique d'apporter a Bremen des Sau- 
 mons, Merlus, Monies, et toute autre forte de poif- 
 fons, foit feches ou fumeSj en barriques oli fales ; bien 
 entendu qu'ils payent le droit d'entree, ou la gabelle 
 modique. 
 
 De la meme maniere, il eft referve aux habitans et 
 bourgeois de Bremen de negocier, felon leur ancienne 
 coutume, aux Provinces des Royaumes Britanniques, 
 d'y mener des marchandifes, et de troquer ou changgr 
 contre ces fortes de poiffons et d'autres denrees. 
 
 I a IX, Tout
 
 lit TREATIES [1701 
 
 IX. Tout ce qui eft contenu dans les precedens 
 Articles, fera confirme et ratifie par Sa Majefte Bri- 
 tannique et le Senat de Bremen, dans les formes au- 
 thentiques et ufitees, dans 1'efpace de fix femaines, oil 
 plutot, fi faire fe peut; et les inftrumens feront cchanges 
 dans le terme fufmentionne. 
 
 En foi de quoi, et en vertu des Ordres et Plein-pou- 
 voirs que nous fufdits, 1'Envoye Extraordinaire 
 de la Grande Bretagne, et les Deputes de Bre- 
 men, avons re$us de Sa Majeftc le Roi de la 
 Grande Bretagne, d'ane part, et THonorable 
 Senat, de 1'autre, nous avons fignc la prefente 
 Convention, et y avons fait appofer les fceaux de 
 nos armes. Fait a Bremen, ce 17' d'Oftobre 
 
 (L. S.) CyriU Web. 
 
 (L. S.) Chretien Scbone D. 
 
 (L.S.) Gaff.lRbeden. 
 
 PRUSSIA,
 
 1788.] WITH PRUSSIA. 117 
 
 PRUSSIA. 
 
 1701. t AHE treaty of alliance between Great 
 30 Dec. X Britain, Pruflia, and the States Ge- 
 neral, concluded at the Hague. 
 
 Pap. Off. I. 14, 
 
 RouJJefs Suppl. Corps Diplom. torn, 
 ii. part 2. p. 12. 
 
 1702. The treaty of alliance between Great 
 v Jan. Britain and Pruflia, with the feparate arti- 
 cle, concluded at London. 
 
 Pap. Off. I. 15. 
 
 1701. The King of Pruflia's acceflion to the 
 1 8 Feb. grand alliance between the Emperor, Great 
 Britain, and the States General. 
 Pap. Off. I. 16. 
 
 1719. The treaty between Great Britain and 
 4 Aug. Pruflia, with the feparate and fecret article, 
 concluded at Berlin. 
 
 Pap. Off. I. 26. 
 
 1723. The treaty between Great Britain and 
 10 Oc~t Pruflia, with the feparate and fecret articles, 
 concluded at Charlottenburg. 
 Pap. Off. I, 27. 
 
 1 7 25. The treaty between Great Britain, Pruflia, 
 3 Sept. and France, with the feparate and fecret 
 articles, concluded at Hanover. 
 Pap. Off. I. 29. 
 Treaf. 1732, vol. iv. p. 146. 
 Treat. 1785, vol. ii, p. 274, 
 
 I 3 5742.
 
 U 8 TREATIES [1701 
 
 1742. The treaty of defcnfive alliance between 
 j8 Nov. Great Britain and Pruflia, with the feparate 
 and fecret article, concluded at Weftmin- 
 fter. Pap. Of. I. 32, 
 
 1745. The preliminary articles between Great 
 
 \l Aug. Britain and Pruffia, to ferve as a bafis for .1 
 
 tieaty of peace between the King of Pruf- 
 
 fia, the Queen of Hungary, and the King 
 
 of Poland. 
 
 Pap. Off. I. 37, 38. 
 
 1756, The fevcral conventions between Great 
 
 to Britain and Prufiia. 
 
 1760. Pap. Off. I. 39, 40, 41, 42,43, 44? 
 
 'Treat. 1785, vol. iii. p. 54 70. 
 
 1788. The treaty of defenfive alliance, between 
 13 Aug. Great Britain and Pruffia, concluded at 
 Berlin. 
 
 [The following is printed from the copy, which was 
 publifhcd by authority.] 
 
 The Treaty of Lefenfrve Alliance between bis Majefly 
 the King of Great Britain, and bis Majefty the King 
 of Pruffia. 
 
 T HF I R Majefties the King of Great Britain, and 
 the King of Prufiia, being animated with a fincere 
 ar.d equal defire to improve and confolidate the ftrict 
 uni n and friendfliip, which having been tranfmitted to 
 them by their anccftors, fo happily fubfift between 
 them, and to concei t the moft proper meafures for 
 lecunng their mutual interefts, and the general tran- 
 quillity ,,r' Lu; (^pe,have refolved to renew and ilrength- 
 en thefe ties by a treaty of defenfive alliance; and 
 they have authorized, for this purpofe (to wit) his 
 Majefty the King of Great Britain, die Sieur Jofeph 
 
 Ewart,
 
 1788.] WITH PRUSSIA. 115 
 
 Ewart, his Envoy Extraordinary at the Court of Ber- 
 lin; and his Majefty the King of Prufila, the Sieur 
 Ewald Frederick, Count de Hertzberg, his Minifter of 
 State, and of the Cabinet, Knight of the Order of the 
 Black Eagle: who, after reciprocally communicating 
 their full powers to each other, have agreed upon the 
 following articles: 
 
 I. There (hall be a perpetual, firm, and unalterable 
 friendfhip, defenfive alliance, and ftrict and inviolable 
 union, together with an intimate and perfect harmony 
 and correfpondence between the faid moft Serene 
 Kings of Great Britain and Prufiia, their heirs and 
 fuccefibrs, and their refpective kingdoms, domi- 
 nions, provinces, countries, and fubjects, which lhall 
 be carefully maintained and cultivated, fo that the 
 contracting powers fhall constantly employ, as well 
 their utmoft attention, as all thofe means which Pro- 
 vidence has put in their power, for preferving at the 
 fame time the public tranquillity and fecurity, for 
 maintaining their common interefts, and for their mu- 
 tual defence and guaranty againft every hoftile attack ; 
 the whole in conformity to the treaties already fub- 
 fifling between the high- contracting parties, which fhall 
 remain in full force and vigour, and fhalj be deemed 
 to be renewed by the prefent treaty, as far as the fame 
 lhall not be derogated from, with their own confent, 
 by pofterior treaties, or by die prefent treaty. 
 
 II. In confequence of the engagement contracted 
 by the preceding article, the two high contracting 
 parties fhall always act in concert for the maintenance 
 of peace and tranquillity ; and in cafe either of them 
 fhould be threatened with a hoftile attack by any power 
 whatever, the other fhall employ his moft efficacious 
 good offices for preventing hoftilities, for procuring 
 fatisfaction to the injured party, and for effecting an 
 accommodation in a conciliatory manner. 
 
 III. But if thofe good offices fhould not have the 
 defired effect, in the fpace of two months, and either 
 
 'I 4 f
 
 izo TREATIES [1701 
 
 of the two high contracting parties fhould be hoftilely 
 attacked, molefted, or difturbed in any of his domi- 
 nions, rights, pofleflions, or interefts, or in any manner 
 whatever, by fea or land, by any European power, the 
 other contracting party engages to fuccour his ally 
 without delay, in order to maintain each other reci- 
 procally in the pofleflion of all the dominions, terri- 
 tories, towns, and places, which belonged to them 
 before the commencement of fuch hoftilities: for 
 which end, if his Prufiian Majefty fhould happen to 
 be attacked, his Majefty the King of Great Britain 
 fhall furnifli to his Majefty the King of Pruflia a fuc- 
 cour of fixteen thoufand infantry, and four thoufand 
 cavalry ; and if his Britannic Majefty fhould happen 
 to be attacked, his Majefty the King of Pruflia fhall 
 likewife furniih to him a fuccour of fixteen thoufand 
 infantry, and four thoufand cavalry; which refpective 
 fuccours lhall be furnifhed in the Ipace of two months 
 after requifition made by the party attacked, and (hall 
 remain at his difpofal during the whole continuance of 
 the war in which he fhall be engaged. Thefe fuccours 
 (hall be paid and maintained by the required power, 
 wherever his ally fhall employ them; but the requiring 
 party lhall fupply them, in his dominions, with fuch 
 bread and forage as may be neceflary, upon the foot- 
 ing to which his own troops are accuftomed. 
 
 It is neverthelefs agreed between the high contract- 
 ing parties, that if his Britannic Majefty fhould be 
 in the cafe of receiving the fuccour in troops from his 
 Prufiian Majefty, his Britannic Majefty fhall not em- 
 ploy them out of Europe, nor even in the garrifon of 
 Gibraltar, 
 
 If the injured and requiring party fhould prefer 
 fuccours in money to land forces, he fhall have his 
 choice : and in cafe of the two high contracting parties 
 furnifhing to each other the ftipulated fuccours in 
 money, fuch fuccours fhall be computed at one hun- 
 dred thoufand florins, Dutch currency, per annum, for 
 one thoufand infantry, and at one hundred and twenty 
 
 thoufand
 
 1788.] WITH PRUSSIA. 121 
 
 thoufand florins, of the like value, for one thoufand 
 cavalry, per anYium, or in the fame proportion by the 
 month. 
 
 IV. In cafe the ftipulated fuccours Ihould not be 
 fufficient for the defence of the requiring power, the 
 required power (hall augment them, according to the 
 exigency of the cafe, and fhall aflift the former with 
 his whole force, if circumftances lhall render it necef- 
 fary. 
 
 V. The high contracting parties hereby renew, in 
 the moft exprefs terms, the provifional treaty of defen- 
 five alliance which they concluded at Loo, on the ijth 
 of June in the prefent year, and they again engage and 
 promife to a<5t, at all times, in concert, and with mu- 
 tual confidence, for maintaining the fecurity, inde- 
 pendance, and government of the republic of the 
 United Provinces, conformably to the engagements 
 which they have lately contracted with the faid repub- 
 lic; that is to fay, his Britannic Majefty, by a treaty 
 concluded at the Hague, on the i5th of April, 1788, 
 and his PruiTian Majefty, by a treaty figned the fame 
 day at Berlin, which the faid high contracting parties 
 have communicated to each other. 
 
 And if it fhall happen that, by virtue of the ftipu- 
 lations of the faid treaties, the high contracting parties 
 fhould be obliged to augment the fuccours to be given 
 to the States General, above the numbers fpecified in 
 the faid treaties, or to aflift them with their whole 
 force, the faid high contracting parties will concert 
 together upon all that may be neceflary relative to fuch 
 augmentation of fuccours to be agreed on, and to the 
 employment of their refpe&ive forces for the fecurity 
 and defence of the faid republic. 
 
 In cafe either of the faid high contracting parties 
 ihould happen, at any time hereafter, to be attacked, 
 molefted, or difturbed, in any of his dominions, rights, 
 pofleflions, or interefts, in any manner whatever, by 
 i'ea or by land, by any other power, in confequence 
 
 and
 
 124 TREATIES [1578 
 
 and in hatred of the articles or ftipulations contained 
 in the faid treaties, or of the meafures to be taken by 
 the faid contracting parties refpeclively, in virtue of 
 thcfe treaties, the other contracting party engages to 
 fuccour and affift him againft fuch attack, in the fame 
 manner, and by the fame fuccours as are ftipulated in 
 the third and fourth articles of the prcfcnt treaty; and 
 the faid contracting parties promife, in all fimilar cafes, 
 to maintain and guaranty each other in the poflefTion 
 of all the dominions, towns, and places, which be- 
 longed to them refpectively before the commencement 
 of fuch hoftilities. 
 
 VI. The prefent treaty of defenfive alliance fliall 
 be ratified by eacu party, and the ratifications fhall be 
 exchanged in the fpace of fix weeks, or fooner, if it 
 can be done. 
 
 In witnefs whereof, we the underwritten, being au- 
 thorized by the full powers of their Majefties the 
 Kings of Great Britain and of Pruflia, have in their 
 names figned the prefent treaty, and have thereto fet 
 the fcals of our arms. 
 
 Done at Berlin, the thirteenth of Auguft, in the 
 year of our Lord one thoufand feven hundred and 
 eighty-eight. 
 
 (L. S.) Jofepb Eivart. (L. S.) Ewald Frederic, 
 
 Comte de Hertzberg. 
 
 The
 
 1788.] WITH THI STATES GENERAL. 123 
 
 The STATES GENERAL. 
 
 1578. 'Tp H E treaty of alliance between Queen 
 7 Jan, JL Elizabeth and the States General 
 
 trait de Paix> torn. ii. p. 391. 
 
 treat. 1732^0!, ii. p. 81. 
 
 1585. The treaty between the fame parties, con- 
 loAug. eluded at Nonfuch. 
 
 trait de Paix, torn. ii. p. 512. 
 treat. 1732, vol. ii, p. 83. 
 
 1598. The treaty and renewment of alliance be- 
 
 1 6 Aug. tween Queen Elizabeth and the States Ge- 
 
 neral, concluded at Weftminfter. 
 
 Rym. Feed. vol. xvi. p. 340. 
 treat. 1732, vol. ii. p. 1 20. 
 trait de Paix, torn. ii. p. 631. 
 
 1608. The defenfive and commercial treaty be- 
 27 June, tween King James and the States General. 
 Pap. Of. D. i. 
 Rym. Feed. vol. xvi. p. 687. 
 
 1624. The treaty for continuing the defenfive 
 5 June, league between King James and the States 
 
 General, in 1608, concluded at London. 
 Pap. Off. D. 3. 
 treat. 1732, vol. ii. p. 226. 
 trait de Paix, torn. iii. p. 213. 
 
 1625. The treaty of alliance offenfive and defen- 
 
 17 Sept, five, between Charles I. King of Great Bri- 
 
 tain and the States General, concluded at 
 
 Southampton. 
 
 Pap. Off. D. 4- 
 
 treat. 1732, vol. ii. p. 248. 
 
 trait de Paix, torn. iiL p. 23 1<. 
 
 6 1654.
 
 I24 TREATIES [157* 
 
 1 654. The treaty of peace and union between Oli- 
 5 April, ver Cromwell and the States General, con- 
 cluded at Weftminfter. 
 
 Pap. Of.D.%. 
 Treat. 1732, vol. iii. p. 67. 
 Treat. 1785, vol. i. p. 44. 
 Trait de Paix, torn. iii. p. 647. 
 
 166 1. The convention for the regulation of the 
 1 1 Apr. pods between England and die United Pro- 
 vinces, concluded at London. 
 
 Treat. 1732, vol. iii. p. 234. 
 Treat. 1785, vol. i. p. 159, 
 
 1 667. The articles of peace and alliance between 
 4! July. King Charles II. and the United Nether- 
 lands, concluded at Bredah. 
 
 1668. The triple league between Great Britain, 
 23 Jan. the States General, and Sweden, concluded 
 
 at the Hague. 
 
 Pap. Off. D. 13. 
 
 Trtat. 1732, vol. i. p. 136. 
 
 1 66 . The treaty of commerce betwixt Great 
 17 Feb. Britain and Holland, concluded at the Hague. 
 Pap. Off.D. 14. 
 Treat. 1732, vol. i, p. 146. 
 Treat. 1785, vol. i. p. 190. 
 
 1668. The treaty between Great Britain, France, 
 1 5 Apr. and Holland, for procuring a peace between 
 France and Spain, concluded at St, Germain 
 en leye. 
 
 Treat. 1732, vol. i. p. 152. 
 Treat. 1785, vol. i. p. 193. 
 
 1 6 7|. The treaty of peace between Great Britain 
 , T V Feb. and Holland, concluded at Weftminiler. 
 Pap. Off. D. 17. 
 Treat. 1732, vol. iii. p. 275. 
 
 1674.
 
 1788.] WITH THE STATES GENERAL. 115 
 
 1674. The marine treaty between Great Britain 
 i Dec. and Holland, concluded at London. 
 
 Pap. OfD. 1 8. 
 
 1675. The articles between King Charles II. and 
 $ Mar. the States General, for preventing difputes 
 
 between the Englifh and Dutch Eaft India 
 Companies. 
 
 Pap.O/.D. 21. 
 
 1678. The treaty of a defenfive alliance between 
 44 Jan. Great Britain and the States General, with 
 the feparate articles, concluded at the Hague. 
 Pap. Off. D. 24. 
 Treat. 1732, vol. i. p. 177. 
 Treat. 1785, vol. i. p. 211. 
 
 1678. The treaty of defenfive alliance between 
 3 Mar. Great Britain and the States General, con- 
 cluded at Weftminfter. 
 
 Pap. Off. D. 26. 
 
 Treat. 1732, vol. i. p. 183. 
 
 1678. The treaty of alliance between Great Bri- 
 44 July, tain and the States General, concluded at 
 the Hague. 
 
 Pap. Off. D. 28. 
 
 Treat. 1732, vol. i. p. 188. 
 
 1689. The grand alliance between Great Bn- 
 12 May. tain, the Emperor, and the States General, 
 20 Dec. concluded at Vienna. 
 
 Pap. Off. D. 30. 
 
 Treat. 1732, vol. i. p. 275. 
 
 1689. The treaty of alliance between England 
 24 Aug. and Holland, concluded at Whitehall. 
 Pap. Off. 32. 
 Treat. 1732, vol. i. p. 287. 
 
 1690
 
 , 2 6 TREATIES 
 
 1690. The treaty between Great Britain, Hol- 
 20 Oft. Ian J, and Savoy, with the fecret article, con- 
 cluded at the Hague. 
 
 Treat. 1732, vol. Hi. p. 334. 
 Treat. 1785, vol. i. p. 286. 
 
 1698. The convention between Great Britain, 
 jtj- May. Sweden, and the States General, for a de- 
 fenfive league, concluded at the Hague. 
 Pap. Of. D. 36. 
 Treat. 1732, vol. Hi. p. 344. 
 
 1698. The firft treaty of partition in favour of 
 1 1 Oft. the Eleftoral Prince of Bavaria, made be- 
 twixt Great Britain, France, and the States 
 General, concluded at the Hague. 
 Pap. Off. 38. 
 
 Treat. 1732, vol. i. p. 386. 
 Treat. 1785, vol. i. p. 305. 
 
 1700. The treaty of alliance between Great Bri- 
 ^ Jan. tain, Sweden, and the States General, ufu- 
 
 ally called The Second Partition Treaty, 
 with the fecret and feparate articles, con- 
 cluded at the Hague. 
 
 Pap. Off. 39. 
 
 Treat. 17 32, vol. in. p. 347. 
 
 Treat. 1785, vol. i. p. 313. 
 
 1701. The treaty of alliance between Great Bri- 
 20 Jan. tain, Denmark, and the States General, 
 
 concluded at Odenfee. 
 
 Treat. 1785, vol. i. p. 331. 
 
 1709. The treaty between Great Britain and the 
 29 Oft. States General, for fecuring the fuccefiion 
 to the crown of Great Britain, and for fet- 
 tling a barrier to the States General, with 
 the feparate articles, concluded at the 
 Hague. 
 
 Pap. Off. 50. 
 
 Treat. 1785, vol. i. p. 354. 
 
 17 1>
 
 1788.] WITH THE STATES GENERAL. 127 
 
 1713. The treaty of guaranty for the Proteftant 
 2 9 Jan. fucceflion to the crown of Great Britain, 
 :TT~ and for the barrier of the States General, 
 eD * concluded at Utrecht. 
 
 Pap. Of. D. 55. 
 
 Treat. 1785, vol. i. p. 364. 
 
 1716. The treaty between Great Britain and the 
 6 Feb. States General, for renewal of former alli- 
 ances and conventions. 
 
 Pap. Of. D. 58. 
 
 1717. The treaty of alliance between Great Bri- 
 4 Jan. tain, France, and the States General, for the 
 
 guaranty of the treaties of Utrecht. 
 Pap. Off. D. 59. 
 Rouffet's Recueil Hiftorique, torn. i. 
 
 p. 89. 
 Treat. 1785, vol. ii. p. 185. 
 
 1718. The treaty ufually called The Quadruple 
 22 July. Alliance, between Great Britain, France, and 
 
 7 the States General, concluded at London. 
 
 Rou/et's Recueil Hiftorique, torn. i. 
 
 p. 1 80. 
 Treat. 1785, vol. ii. p. 199. 
 
 1718. The convention between the Emperor, 
 12 Dec. Great Britain, and the States General, for 
 executing certain articles cf the barrier trea- 
 ty, figned at the Hague. 
 
 Pap. Off. D. 61. 
 
 Roujjet's Recueil Hiftorique> torn, i, 
 
 p. 400. 
 Treat. 1785, vol. ii. p. 228. 
 
 1726. The acceflion of the States General to 
 9 Aug. the treaty of Hanover, 1725. 
 Pap. Off. D. 64. 
 Roujet's Recueil Hiftorique, tern. 
 
 iii. p. 1 66. 
 Treat. 1785, vol. ii. p. 281. 
 
 3731.
 
 128 
 
 TREATIES 
 
 [1578 
 
 1731. The treaty of peace and alliance between 
 16 Mar. the Emperor, Great Britain, and the States 
 General, concluded at Vienna. 
 Pap. Of. D. 72. 
 Rou/et'sRecueilHiJloriqufy vol. vi. 
 
 P- '3- 
 Rou/rfs Suppl. au Corps Diploma- 
 
 tiquc, torn. ii. part 2, p. 288. 
 Treat. 1785, vol. ii. p. 318. 
 
 174?. The treaty of peace between Great Bri- 
 18 Oft. tain, France, and the States General, con- 
 % eluded at Aix-la-Chapelle. 
 Pap. Of. D. 88. 
 'treat. 1785, vol. ii. p. 370. 
 See this Treaty^ vol. i. Table of 
 Contents, art. FRANCE. 
 
 1784. The treaty of peace between Great Bri- 
 20 May. tain and the States General, concluded at 
 Paris. Treat. 1785, vol. iii. p. 427. 
 
 1788. The treaty of defenfive alliance between 
 15 Apr. Great Britain and the States General, con- 
 cluded at the Hague. 
 
 An Agreement and Contention, fcr the Regulation and 
 Jpeedy Difpatcb of the Pofts, betwixt England and 
 the United Provinces. At London, April i r, 
 1 66 1. 
 
 Articles drawn up and agreed to between his Excel- 
 lency Simon van Hoorn, Ambaflador of the High 
 and Mighty Lords the States General of the Uni- 
 ted Provinces of the Netherlands, in the name and 
 by order, of the venerable Loixls the Burgomaftcrs 
 and Counfellors ofAmfterdam, and of Henry Ja- 
 cob vander Heyden, Poft-mafter of certain towns 
 
 Bill Ff^r 1 *"' >'* Pti *"d Henry 
 hop, E% Matter of the General Pods of all 
 
 England,
 
 1788.] WITH THE STATES GENERAL. 129 
 
 England, and from thence to all other kingdoms 
 and countries, on the other part, in the loth year 
 of the reign of Charles II. King of England, Scot- 
 land, &c. Defender of the Faith. 
 
 I T has been reciprocally promifed and agreed be- 
 twixt the faid Simon van Hoorn, in name and by or- 
 der of the faid Lords the Burgomafters and the Ma- 
 giftrates of Amfterdam, as alfo of the faid Henry 
 Jacob vander Heyden, and the faid Henry Bifliop, 
 that a way and a method Ihould be concerted which 
 might be more commodious and more expeditious 
 than thofe hitherto made ufe of for the fending of ict- 
 ters every week precifely from England to the United 
 Provinces, and from the United Provinces to England, 
 in fuch manner that letters fhould be brought every 
 week directly from England to fome harbour of the 
 faid United Provinces, and in like manner from the 
 faid United Provinces to England. 
 
 For this end the following articles have been confi- 
 dered and agreed to between the parties, viz. 
 
 The faid Henry Bifhop has agreed with and pro- 
 mifed the faid Lord Simon van Hoorn, as the per- 
 fon veiled with the full powers of the faid Lords the 
 Burgomafters and the Magiftracy. of Amfterdam, and 
 of Henry Jacob vander Heyden, that he will keep 
 ready, and maintain at his own expence, a fufficient 
 number of veflels, built in England, by which once 
 a week upon a certain day fixed, viz. Saturday, pack- 
 ets of letters Ihall be brought from England to Am- 
 fterdam, and other towns and offices of the United 
 Provinces ; and that care fliall be taken that the faid 
 packets of letters fhall be carried beyond fea, with as 
 much expedition as the wind and weather will per- 
 mit, and that they fhall be fafely delivered at Helvoet- 
 fluys, Flulhing, or fome other harbour which the 
 contracting parties Ihall agree on, unleis hindered by 
 fome misfortune that happens at fea. 
 
 VOL. I. K Alfo
 
 !:S o TREATIES [1578 
 
 Alfo the faid Henry Bifhop mall fo order it, that 
 the packets of letters which fliall be fcnt from Am- 
 fterdam, or any other place in the United Provinces, 
 be taken in every Saturday at fuch ports, and that they 
 be carried in like manner to the ports of England, 
 with as much expedition as the wind and weather will 
 permit, and from thence forwarded to the offices at 
 London, for delivery to fuch perlbns as they mall be 
 directed to. 
 
 Moreover, the faid Henry Bifhop has agreed and 
 promifcd the faid Lord Simon van 1 loom, in the name 
 and character as above, and made the like agreement 
 with the iaid vander Heyden, that he will keep an ex- 
 act account of the weight of all packets of" letters that 
 fhall be fent by the way of Amfterdam to Hamburgh 
 and Dantzic, or to any part of Italy or the North ; 
 and that computing from the day when the faid ac- 
 count fhall commence, he will caufe a payment to be 
 made every three months td the Lords Burgomafters 
 and Magiflrates of Amflerdam, at the rate of an Kng- 
 lifh Ihiliing for every ounce weight of letters that fhall 
 be fent that way to Hamburgh, Italy, or the northern 
 countries. 
 
 The faid Henry Bifliop likewife promifes the faid 
 Lords the Burgoimfters and Magiftrates of Amftcr- 
 dam, to pay them I2</. Englifh for every ounce 
 weight of letters from Italy, that fliall be fent through 
 the faid city of Amfterdam to England; and as to 
 the letters from Hamburgh, Dantzic, and the North, 
 which are directed for England, they fhall pay the 
 common poftage at Amfterdam, as was formerly prac- 
 tifed at Antwerp. 
 
 In confideration of which, die faid Henry Jacob 
 vander Heyden promifes the faid Henry Bifliop (the 
 faid Lords Burgomafters and the Magiflrates ot" Am- 
 fterdam engaging in like manner to perform this con- 
 tract, as far as concerns them) to pay or order to be 
 paid the fum of 5oo/. fterling every year for the charge 
 and maintenance of the -faid fhipsj which fum, to be 
 
 paid
 
 . WITH THE STATES GENERAL. 
 
 paid quarterly, viz. idf/. every three months, fhall 
 commence from the 25th of December next enfuing 
 the date and fubfcription of this contract. And if it 
 happen that the faid fum of 500!. or a part thereof, be 
 not paid to the faid Henry Bifhop in the manner afore - 
 faid, by the faid vander Heyden, in that cafe the faid 
 Lords the Burgomafters engage themfelves, and pro- 
 niife to pay it to the faid Bifhop, or his order. 
 
 And the faid Lords Burgomafters and Magiftrates 
 of Amfterdam do further promife the faid Henry Bi- 
 fhop, to eftablifh and carry on a contlant poft every 
 week for Hamburgh and Dantzic, and for all the 
 trading towns of Germany, the North, and Italy; 
 and alfo than the faid pofl fhall make as much difpatch 
 both forward and backward as ever any poft did or 
 can do, in thefe provinces ; and that it fhall keep a 
 regular time and method both in fetting out from Am- 
 fterdam, in arriving there, and in fetting cut from 
 thence for England, and the like to all the other towns 
 of the United Provinces. Whereupon the faid Jacob 
 vander Heyden obliges himfelf, and promifes to fettle 
 fit perfons in the towns, and efpecially at the ports, 
 (which places fhall hereafter be named by the parties) 
 there to wait for, and receive all packets of letters 
 that fhall be brought over by the veflels of the faid 
 Henry Bifhop, and to fend diem from one town to 
 another with all fpeed, and with the fame expedition 
 to bring packets of letters from thofe towns to the 
 harbours, and to put them on board the vefTels of the 
 faid Bifhop, which fhall lie ready to receive them : 
 the Lords Burgomafters and the Magiftrates of Am- 
 fterdam promifing alfo to caufe the fame to be execu- 
 ted accordingly, as far as it relates to them. 
 
 Moreover, the faid Henry Jacob vander Heyden 
 obliges himfelf (the Lords Burgomafters of Amfter- 
 dam promifing it alfo on their part) that he will 
 take care that the falaries of the clerks appointed, or 
 to be appointed for that end in the feveral places, 
 K 2 fhall
 
 TREATIES [157* 
 
 fhall be paid punctually and without delay j and that 
 there lhall be always at Amftcrdam, and the other 
 towns of the United Provinces, a fufficient number 
 of clerks capable to receive, distribute, and fend all 
 the packets that lhall be received and lent, to main- 
 tain a continual correfpondence with the laid Henry 
 Bifhop's poft-mafters, and to keep exact regifters of 
 all the packets received or fent, and of their weight. 
 
 The Lords Burgomafters and the Magiftrates of 
 Amfterdam do likewife promife the faid Henry Bi- 
 fliop, to give orders that the portage of letters from 
 England to Amfterdam be fo regulated, as not to ex- 
 ceed the rate that was paid for them, when they 
 were brought by the way of Antwerp. 
 
 By means hereof, a firm and true friendfhip will 
 be eftablifhed between the parties, with a fincere cor- 
 refpondence, for the reciprocal profit and advantage 
 of both parties; and if any difference happen between 
 them, relating to the performance and execution of 
 the faid articles and conditions, they fhall be referred 
 to the decifion of fome impartial arbitrators, who 
 fhall be named on both fides, and in whofe f award 
 both fides fhall acquiefce. 
 
 The parties have alfo agreed, that if any. packets 
 of the merchants, or other parcels neceflary to be com- 
 municated, be put into their hands, they fliall be 
 fent on an extraordinary day, without flaying for Sa- 
 turday, which is the day intended for the common 
 letters ; but if for this reafon the faid Henry Bifhop 
 be obliged to keep a greater, or twice the number 
 of veflels, in fuch cafe the faid vander Heyden fhall 
 take care, with the affiftance of the Lords the Bur- 
 gomafters and the Magiftrates of Amfterdam, to 
 pay or caufe to be paid to the laid Bifhop, at the end 
 of every quarter, the fum of fixty-two pounds fter- 
 ling, towards defraying the extraordinary charge of 
 the veflels. And to die end it may appear that the 
 parties are agreed in all the articles above written, 
 
 they
 
 1788.] WITH THE STATES GENERAL. 133 
 
 they have figned them with their own hands. Done 
 at London the nth of April, 1661. 
 
 (Signed) Simon Van Hoorn. 
 Henry Bijhof. 
 
 And underneath, 
 
 We the underwritten are witneffes to this inftrm 
 ment. 
 
 John Widman. 
 Van Hulft. 
 
 [The following is printed from the copy publilhed 
 by authority in 1686.] 
 
 Articles of Peace and Alliance between the Mo ft Serene 
 and Mighty Prince, Charles the Second, by the 
 Grace of God, King <?/" England, Scotland, France, 
 and Ireland, Defender of the Faith, &c. and the 
 High and Mighty Lords, the States General of the 
 United Netherlands, concluded the -^4- Day of July, 
 1667. 
 
 I. FIRST, that from this day there be a true, 
 firm, and inviolable peace, fmcere friendfhip, a nearer 
 and ftraiter alliance and union between the Molt Serene 
 King of Great Britain, and the High and Mighty 
 States General of the United Provinces of the Ne- 
 therlands, and the lands, countries, and 'cities under 
 the obedience of both parties, wherefoever fituate, and 
 their fubjects and inhabitants, of what degree foever 
 they be. 
 
 II. Alfq, that for the time to come, all enmities, 
 hoftilities, difcords, and wars, between the faid Lord 
 the King, and the forefaid Lords the States General, 
 and their fubjecls and inhabitants, ceafe and be abo- 
 lifhed ] and that both parties do altogether forbear and 
 abftain from all plundering, depredation, harm-doing, 
 injuries, and infeflation whattbever, as well by land 
 
 K 3 as
 
 I34 TREATIES [1578 
 
 as by fea, and in freJh-waters, every where ; and efpe- 
 cially through all tracts, dominions, places, and go- 
 vernments (of what condition foever they be) within 
 the jurifdidion of either party. 
 
 III. Alfo, that all offences, injuries, damages, lofles, 
 which his faid Majefty and his fubjefts, or the forefaid 
 States General and their fubjects, have on either fide 
 fuftained during this war,, or at any time whatfoever 
 heretofore, upon what caufe or pretence foever, be 
 buried in oblivion, and totally expunged out of re- 
 membrance, as if no fuch things had ever pad. 
 
 Furthermore, that the forefaid peace, friendfhip, 
 and alliance may ftand upon firm and unfhaken foun- 
 dations, and that from this very day all occafions of 
 new difiention and difference may may be cut off; it 
 is further agreed, that both the parties, and either of 
 them, fhall keep and poflefs hereafter, with plenary 
 right of fovereignty, propriety, and poficfllon, all fuch 
 lands, iQands, cities, forts, places, and colonies (how 
 many foever) as during this war, or in any former 
 times before this war, they have by force of arms, or 
 any other way whatfoever, gotten and detained from 
 the other party, and that, altogether after the fame 
 manner as they had gotten and did poflefs them the 
 44 day cf May laft paft, none of the fame places be- 
 ing excepted. 
 
 IV. Moreover, that all (hips, with their furniture 
 and merchandize, and all moveables, which during this 
 war, or at any time heretofore, have come into the 
 power of either of the forementioned parties, or their 
 iubje&s, be and remain to the prefent pofiefibrs, with- 
 out any C9mpenfation or reftitution; fo as each one 
 be come and remain proprietor and pofleflbr forever 
 of that which was fo gotten, without any controverfy, 
 or exception of place, time, or things. 
 
 V. Moreover, that all actions, fuits, and pretenfions, 
 whatfoever they be, or in what manner foever they 
 have been reftrained, circumfcribed, defined, or 10 
 
 fcrved,
 
 1788.] WITH THE STATES GENERAL. 135 
 
 ferved, in any articles of peace or alliance already made 
 (and efpecially in the fifteenth article of that treaty 
 which was figned in the year 1662) which his faid Ma- 
 jefty and the faid States General, or their fubjects, may 
 or would profecute or move againft one another about 
 fuch matters or things as have happened during this 
 war, or in any former times, as well before as after the 
 forefaid treaty of 1662, until the day of this pi'efent 
 alliance, be and remain void, obliterated, and dif- 
 annulled; as his faid Majefty and the faid States Ge- 
 jieral fhall declare, and they do hereby declare, that 
 by virtue of thefe prefents they will for ever totally re- 
 nounce, even as hereby they do renounce, all fuch ac- 
 tions, fuits, and pretenfions, for themfelves and their 
 fucceflbrs, fo as in regard of them nothing more may 
 or ought ever to be urged on either fide, and nothing 
 to be moved thereupon hereafter. 
 
 VI. But if after the 44 day of May, exprefled in 
 the precedent third article, or after the peace is made, 
 or this treaty figned, either party fhall intercept and 
 get from the other any lands, iflands, cities, forts, co- 
 lonies, or other places whatfoever, all and every of 
 them, without any diftinction of place or time, fhall 
 be reilored bond fide in the fame ftate and condition 
 wherein they fhali be found to be at the time whenfo- 
 cver it fhall be known in thofe places that the peace 
 is made. 
 
 VII. But to avoid all matter of ftrife or contention 
 hereafter, that ufeth fometimes to arile concerning the 
 reflitution or liquidation of fuch fhips, merchandize, 
 and other moveables, as both parties, or either of them, 
 may pretend to have been taken or gotten in places and 
 coafts far diftant, after the peace is concluded, and 
 before it be notified unto thofe places - } it is agreed, 
 that all fuch fhips, merchandize, and other moveables, 
 which may chance to fall into either party's hands after 
 the conclufion and publication of the prefent inftru- 
 inent, in the Channel or Britifh fea, within the fpace 
 
 K 4 of
 
 iy, TREATIES [1578 
 
 of twelve days, and the fame in the North fea; and 
 within the fpace of fix weeks, from the mouth of the 
 Channel unto the Cape of St. Vincent; as alfo within 
 the fpace of ten weeks beyond the faid Cape, and on 
 this fide the Equinoctial Line or Equator, as well the 
 ocean and Mediterranean fea, as elfewhere; and from 
 thence within the fpace of eight months, beyond the 
 terms of the forefaid Line, throughout all the world , 
 fhall be and remain unto the pofleflbrs, without any 
 exception or further diftinftion of time or place, or any 
 regard had to the making of reftitution or compen- 
 fation. 
 
 VIII. It is alfo agreed, that under the forefaid re- 
 nunciation and ftipulation, all letters whatlbever of 
 reprifal, marque, and counter- marque, both general 
 and particular/ and others of that kind, by virtue 
 whereof any hoftility may be exercifed for the future, 
 ought alfo to be reckoned and comprehended ; and by 
 the public authority of this alliance they are inhibited 
 and revoked. And if any perfons of either nation, 
 after fuch revocation, fhall neverthelefs, under pretence 
 or authority of fuch letters or commifiions already 
 revoked, defign any new mifchief, or act any hoftility, 
 after the peace is made, and the times fpecified in the 
 precedent feventh article are elapfed, they are to be 
 looked upon as difturbers of the public peace, and 
 punifhed according to the law of nations, befides an 
 entire reftitution of the thing. taken, or full fatisfaction 
 of damages, to which they (hall be liable ; notwithftand- 
 ing any claufe whatfoever to the contrary, which may 
 be inferted in the faid letters revoked as aforefaid. 
 
 IX. And whereas in countries far remote, as in 
 Africa and America, efpecially in Guinea, certain pro- 
 teftations and declarations, and other writings of that 
 kind, prejudicial to the liberty of trade and navigation, 
 have been emitted and publifhed on either fide by the 
 governors and officers in the name of their fuperiors ; it 
 is in like manner agreed, that all and every I'uch protef- 
 
 tations,
 
 1788.] WITH THE STATES GENERAL, 137 
 
 tations, declarations, and writings aforefaid, be abo- 
 lifhed, and held hereafter for null and void; and that 
 both the above-mentioned parties, and their inhabi- 
 tants and fubjects, ufe and enjoy the fame liberty of 
 trade and navigation, as well in Africa as in America, 
 which they ufed and enjoyed, or of right might ufe 
 and enjoy, at that time when the treaty of the year 
 1662 was fubfcribed. 
 
 X. Alfo, that prifoners on both fides, one and all, 
 of what degree, dignity, or condition foever they be, 
 fhall be fet at liberty, witHout ranfom, or any other price 
 of their freedom; provided fatisfaction be made by 
 them for debts which they have contracted for diet or 
 any other lawful caufe. 
 
 XI. That the faid King of Great Britain, and the 
 faid States General, remain friends, confederate, united, 
 and allied, for the defence and prefervation of the 
 rights, liberties, and immunities of either ally and 
 their fubjects, againft all whomfoever, who lhall en- 
 deavour to difturb the peace of either's (late by fea 
 or land, or fuch as living within either's dominions, 
 fliall be declared public enemies to either. 
 
 XII. That neither the faid King of Great Britain, 
 nor the faid States General, fhall act, do, endeavour, 
 treat, or attempt any thing againft the other, or the 
 fubjects of either, any where, by land or fea, or in 
 any ports, liberties, creeks, or frefh-waters, upon any 
 occafion whatfoever; and that neither they, nor the 
 fubjects of either of them, (hall give, afford, or fuppiy 
 any aid, counfel, or favour, nor confent that any thing 
 be done, treated, or attempted by any other whofo- 
 ever, to the harm or prejudice of the other, or the 
 fubjects of either; but fhall exprefsly and actually op- 
 pofe, contradict, and really hinder all whomfoever, 
 refiding or dwelling in either the refpective dominions, 
 who fnall act, do, D'eat, or attempt any thing againft 
 either of them. 
 
 XIII. That
 
 ,,$ TREATIES [1578 
 
 XIII. That neither the faid King, nor the faid 
 Commonwealth, nor any of the fubj efts of either, in- 
 habiting or redding within their juriiHiction, ihall che~ 
 rilh and aflift the rebels of either party with any fuc- 
 cour, counfel, or favour whatfoever; but fhall ex- 
 prefsly oppofe, and effectually hinder all perfons 
 abiding, refiding, or dwelling in either of their domi- 
 nions, from fupplying or furnifhing any of thofe fore- 
 faid rebels, by lea or land, with any fuccour or aflift- 
 ance, eidier in men, (hips, arms, warlike furniture, or 
 other prohibited goods, or with money, provifions, or 
 victuals: and all fhips, arms, warlike furniture, or 
 other forbidden goods, alfo money and provisions be- 
 longing to any perfon or perfons whatfoever, which 
 fhall be fupplied or furnifhed contnuy to the meaning 
 of this article, fhall be confifcate and forfeited to fiat 
 party where the perfons offending fhall 1 be : and thofc 
 who fhall wittingly and willingly act, commit, attempt, 
 or advife any thing contrary to the fenfe of this article, 
 Jhall be judged enemies of bodi parties, and fhall be 
 puniflied as traitors, there where the offence fhall be 
 committed. But as touching the fpecification of pro- 
 hibited or contraband goods, it fhall be provided for 
 hereafter. 
 
 XIV. That the faid King of Great Britain, and the 
 faid States General, fhall mutually, fincerely, and faith- 
 fully (as diere is occafion) aflift each other againft the 
 rebels of either, by fea or land, v/ith men and fhips, 
 at the coft and charges of the parties who defire the 
 fame, in fuch proportion and manner, and upon fuch 
 conditions, as afterward fhall be agreed, and the pre- 
 fent occafion fhail require. 
 
 XV. That neither the faid King, nor the faid Com- 
 monwealth, nor the fubjefts of either, fhall in any of 
 their jurifdictions, countries, lands, havens, fea-ports, 
 creeks, receive any rebel or rebels, fugitive or fugi- 
 tives, of the other pary, declared, or to be declared, 
 nor fhall give or yield unto fuch declared rebels and 
 
 fugitives,
 
 1788.] WITH THE STATES GENERAL. 139 
 
 fugitives, in the places aforefaid, or elfewhere, though 
 without their lands, countries, havens, fea-ports, creeks, 
 or jurifdictions, any help, counfel, lodging, foldiers, 
 fhips, money, arms, ammunition, or victuals : as alfo 
 neither of the flates fhall permit that fuch rebels or 
 fugitives be received by any perfon or perlbns within 
 their jurifdi&ions, countries, lands, fea-ports, havens, 
 Creeks, nor fuffer that any help, counfel, lodging, fa- 
 vour, arms, ammunition, foldiers, Ihips, monies, or 
 provilion be given or yielded to fuch rebels and fugi- 
 tives; but lhall exprefsly and effectually oppofe and 
 really hinder the fame. 
 
 XVI. That in cafe either of them by their public 
 and authentic letters lhall make known and declare 
 unto the other, that any perfon or perfons are or have 
 been a rebel or rebels, fugitive or fugitives, and that 
 they or any of them have been received, or refide, lie 
 hid, or feek fhelter, in their jurifdictions, lands, coun- 
 tries, fea-ports, or in any of them; then that party 
 who fhall have received fuch letters, or to whom fuch 
 notice fhall be given, or declaration made, fhall within 
 the fpace of twenty-eight days, to be accounted from 
 the day that fuch notice was given, be bound to charge 
 and command fuch rebel or rebels, fugitive or fugitives, 
 to withdraw and depart out of their jurifdiftions, lands, 
 dominions, countries, and every of them : and in cafe 
 any of the faid rebels or fugitives do not withdraw and 
 depart within fifteen days after fuch charge or command 
 fo given, then that they be punifhed with death, and 
 lofs of lands and goods. 
 
 XVII. That no rebel of the faid King of Great 
 Britain fliall be received into any of the caftles, cities, 
 havens, jurifdiftions, or other places, privileged or 
 not privileged, which any perfon, of what dignity or 
 degree foever he be, or fhall be, hath within the domi- 
 nions or territories of the United Provinces, by what 
 right or title foever he doth or fhall hold or poffefs the 
 fame, nor be permitted to be rectived into, or remain 
 
 in
 
 14 o TREATIES [1578 
 
 m them, by any perfon, of what quality or degree 
 foever he be. Neither fhall the faid States General 
 permit or fuffer, that in any of the aforefaid places, 
 any afliftance, counfcl, or favour, with fhips, foldiers, 
 money, or provifion, or in any other manner, be given 
 or afforded unto any fuch rebel, by any perfon of wkat 
 degree or quality foever he be, but fhall openly and 
 exprefsly forbid and effectually hinder the fame. 
 And if any perfon or perfons, of what degree or qua- 
 lity foever they be, dwelling or remaining within the 
 dominions of the faid United Provinces, or under their 
 command, fhall aft any thing contrary to this agree- 
 ment, that then all and fingular fuch perfons fo doing 
 fhall, for term of their lives refpectively, lofe and for- 
 feit all fuch caftles, towns, villages, lands, and other 
 places which they or any of them at that time have, 
 or pretend to have, by what right or tide foever. In 
 like manner, no rebel of the faid flates of the United 
 Provinces fhall be received into any. caftles, towns, 
 havens, or other places, or any of them, privileged 
 or not privileged, which any perfon or perfons, of 
 what degree or quality foever they be, and by wh..t 
 right or title foever he or they do or fhall hold and 
 poffefs, within the kingdoms or dominions of his laid 
 Majefty of Great Britain: nor fhall fuch rebel be fuf- 
 fered to be received by any perfon or perfons whatfo- 
 ever, or there to remain; neither lhall the King of 
 Great Britain permit or fuffer, that any counfel, affifr,- 
 ance, or favour, in any of the faid places, with (hips, 
 men, money, victuals, or in any other manner, be 
 given or afforded unto any fuch rebel, by any fuch 
 perfun or perfons, of what degree or quality foever 
 they be, but fhall openly and exprefsly forbid and 
 effectually hinder the fame. And in cafe any of the 
 fubjefts of the faid King, or within his dominions, 
 fhall do or attempt any thing againft this agreement, 
 that all and every perfon fo offending (hall in like 
 manner, for their respective lives, lofe and forfeit all 
 fach caftles, cities, 'towns, lands, and other places, 
 
 wluch
 
 1788.] WITH THE STATES GENERAL. 141 
 
 which they or any of them at that time hath, or fliall 
 pretend to have, by any right or title whatfoever. 
 
 XVIII. That the faid King of Great Britain and 
 his fubjects, and all the inhabitants of his Majefty's 
 dominions, and alfo the faid United Provinces, and 
 their fubjects and inhabitants, of what rank or con- 
 dition Ibever they be, fhall be bound to ufe each other 
 kindly and friendly in every thing; fo that they may 
 freely and fafely pafs by land or by water into each 
 other's countries, cities, towns .walled or unwalled, 
 fortified or not fortified, and their havens, and all other 
 their dominions fituate in Europe, to continue and 
 abide therein fo long as they fhall pleafe, and may there 
 buy fo much provifions as are.necefiary for their ufe, 
 without any hinderance: and that likewife they may 
 trade and traffic in goods and commodities of all forts, 
 as to them fhall feem fit, and them to export and im- 
 port at their pleafure, paying the ufual duties, faving 
 to each country their particular laws and cuftoms. 
 Provided that the fubjeclis and inhabitants of either 
 fide, exercifing their trade in each other's countries 
 and dominions, fhall not be obliged hereafter to pay 
 any more cuftoms, import, or other duties, than ac- 
 cording to that proportion which other foreign nations 
 trading in the faid places do ufually pay. 
 
 XIX. That the {hips and veflfels of the faid United 
 Provinces, as well men of war as others, meeting any 
 men of war of the faid King of Great Britain's in the 
 Britifh feas, fhall ftrike the flag, and lower the top-fail 
 in fuch manner as the fame hath been formerly obferved 
 in any times whatfoever. 
 
 XX. And, for the greater freedom of commerce 
 and navigation, it is agreed and concluded, that the 
 faid King of Great Britain, and the faid States Gene- 
 ral, fhall- not receive into their havens, cities, and 
 towns, nor fuffer that any of the fubje&s of either 
 party do receive, pirates or fea-rovers, or afford them 
 any entertainment, afliftance, or provifion; but fhall 
 
 endeavour
 
 j 42 TREATIES [1578 
 
 endeavour that the faid pirates and fea-rovers, or their 
 partners, fharers, and abettors, be found out, appre- 
 hended, and fufrer condign punifhment, for the terror 
 of others: and all the fhips, goods, and commodities 
 piratically taken by them, and brought into the ports 
 ef either party, which can be found, nay, although 
 they be fold, ihall be reftored to the right owners, 
 or fatisfaftion fhall be given either to their owners, 
 or to thofe who by letters of attorney (hall challenge 
 the fame; provided the right of their propriety be 
 made to appear in the court of admiralty by due 
 proofs according to law. 
 
 XXI. It Ihall not be permitted to the fubjefts of 
 the faid King of Great Britain, and the inhabitants of 
 the kingdoms and countries under his obedience, or to 
 the inhabitants and fubjefts of the faid United Pro- 
 vinces, to do or offer any hoftility or violence to each 
 other, either by land of by fea, upon any p r etcnce or 
 colour whatfbever: and confequcntly it (hall not be 
 lawful for the faid fubjefts or inhabitants to get com- 
 miflions or letters of reprifal from any prince or ft ate, 
 with whom either of the confederates are at difference, 
 or in open war; and much lefs by virtue of thofe 
 letters to moleft or damnify the fubjefts of either 
 party. Neither fhall it be lawful for any foreign pri- 
 vate men of war, who arc not fubjefts to one nor 
 the other party, having commiffions from any other 
 prince or itate, to equip their fhips in the harbours 
 of either of the aforefaid parties, or to fell or ranlbm 
 their prizes, or any other way to truck, as well the 
 fhips and goods as any other lading whatfoevrr. 
 And it fhall not be lawful for them to buy any victual, 
 but what Ihall be necefTary to bring them to the next 
 
 Eort of that prince from whom they obtained their 
 ^ lid commifTions. And if perchance any of the fub- 
 jefts of the faid King of Great Britain, or of die faid 
 States General, fhall buy or get to themfelves by truck, 
 or any other way, fuch fliip or goods which have been 
 taken by the fubjefts of one or the other party; in 
 
 fuch
 
 1788.] WITH THE STATES GENERAL. 143 
 
 fuch cafe the faid fubjeft fhall be bound to reftore the 
 faid fhip or goods to the proprietors without any de- 
 lay, and without any compenfatioh or reimbursement 
 of money paid or promifed for the fame; provider} 
 that they make it appear before the council of the 
 faid King of Great Britain, or before the faid States 
 General, that they are the right owners or proprietors 
 of them. 
 
 XXII. That in cafe the faid King of Great Bri- 
 tain, or the faid States General, do make any treaty 
 of amity or alliance with any other kings, republics, 
 princes, or dates, they fhall therein comprehend each 
 other and their dominions, if they defire to be therein 
 comprehended; and fhall give to the other notice of 
 all fuch treaties, or friendlhip and alliance. 
 
 XXIII. That in cafe it happen, during this friend- 
 lhip, confederacy, and alliance, any thing fhall be 
 done or attempted by any of the fubjects or inhabi- 
 tants of either party againft this treaty, or any part 
 thereof, by land, fea, or frelli- waters, that neverthe- 
 lefs this amity and alliance between the faid nations 
 fhall not thereby be broken or interrupted, but fhall 
 remain and continue in its full force; and that only 
 thofe particular perlbns fhall be punifhed, who have 
 committed anything againft this treaty, and none elfe; 
 and that juflice fhall be rendered and fatisfaction given 
 to all perfons concerned, by all fuch who have com- 
 mitted any thing contrary to this treaty, by land or 
 fea, or other waters, in any part of Europe, or any 
 places within the Straits, or in America, or upon the 
 coafts of Africa, or in any lands, iflands, feas, creeks, 
 bays, rivers, or in any places on this fide the Cape of 
 Good Hope, within twelve months fpace after juftice 
 fhall be demanded; and in all places whatfoever on 
 the other fide the Cape (as hath been above faid) within 
 eighteen months next enfuing after demand of juftice 
 fhall be made in manner aforcfiid. But in cafe the 
 offenders againft this treaty do not appear,, and fub- 
 
 5 mic
 
 144 TREATIES [1578 
 
 mit themfclves to judgment, and give fatisfaftion within 
 the refpective times above exprefled, proportionable 
 to the diftance of the places, they (hall be declared 
 enemies of both parties, and their eftates, goods, and 
 revenues whatfocver, fhall be confifcated for due and 
 full fatisfa&ion of the injuries and wrongs by them 
 offered; and their perfons alfo, when they come within 
 the dominions of either part)', fhall be liable unto /iich 
 punifhments as every one fhall deferve for his refpec- 
 dve offences. 
 
 XXIV. That the fubje&s of the faid King of Great 
 Britain, and thofe which are under his jurifdi&ion, 
 may freely and fccurely travel in all the provinces of 
 the Low Countries, and all their dominions in Europe, 
 and through diem by fea or land pafs to other places 
 there or beyond them, and through all quarters of the 
 United Provinces, cities, forts, or garrifons whatfo- 
 ever, which are in any parts of the United Provinces, 
 or elfewhere in their dominions in Europe, as well 
 they themfelves exercifing trade in all thofe places, as 
 their agents, faftors, and fervants may go armed or 
 unarmed (but if armed, not above forty in a company) 
 as well without their goods and merchandizes as with 
 them, whcrefoever they pleafe. The people alfo and 
 inhabitants of the United Provinces fhall enjoy the 
 fame liberty and freedom in all the dominions of the 
 faid King in Europe; provided that they, and every 
 of them, do in their trade and merchandizing yield 
 obedience to the laws and ftatutes of either nation 
 refpectively. 
 
 XXV. That in cafe the merchant-fhips of the fub- 
 jefts of either nation fhall by ftorm, pirates, or any 
 other neceflity whatfoever, be driven into any haven 
 of either dominion, they may depart fecurely and at 
 their pleafurc, with their fhips and goods, without 
 paying any cuftoms or other duties; provided they 
 break no bulk, nor fell any thing; nor fhall they be 
 fubject to any moleflation or fearch, provided they do 
 
 9 not
 
 1788.] WITH THE STATES GENERAL. 145 
 
 not receive on board any perfons or goods, nor do any 
 thing elfe contrary to the laws, ordinances, or culioms 
 of the places where they (as aforefaid) fhall harjperi 
 to arrive. 
 
 XXVI. That the merchants, mafters, and leamen 
 of either party, their fhips, goods, wares^ or mer- 
 chandizes, fh all riot be arrefted or feized in the lands, 
 havens, roads, or rivers of the other, to ferve at war, 
 or any other ufe, by virtue of any general or fpecial 
 command, unlefs upon an extraordinary neceffity, and 
 that juft fatisfaction be given for the fame; but ib as 
 the fame fhall not derogate from the feizures and ar- 
 refts duly made in the ordinary courts of juftice of ei- 
 ther nation.; 
 
 XXVII. That the merchants on both fides, their 
 factors and fervants, and alfo the mailers and other 
 feamen, as well going as returning by fea, and other 
 waters, as alfo in the havens of either party, or going 
 on fhore, may carry and ufe, for the defence of them- 
 felves and goods, all forts of weapons, as well offen- 
 five as defenfive j but being come into their lodgings or 
 inns, they fhall there lay by and leave their arms, until 
 they be going on board again. 
 
 XXVIII. That the men of war or coiivoys of 
 either nation, meeting or overtaking at fea any mer* 
 chants (hip or fhips belonging to the fubjects or inha- 
 bitants of die other, holding the fame courfe, or going 
 the fame way, fhall be bound, as long as they keep one 
 courfe together, to protect and defend them againft all 
 
 ' and every one who would fet upon them. 
 
 XXIX. That if any fhip or fhips of the fubjects 
 or inhabitants of either nation, or of a neuter, be taken 
 by a third party in the harbours of either, not being of 
 the fubjects or inhabitants of either nation, they in or 
 out of whofe haven or jurifdiction the faid fhips fhall 
 be taken, fhall be bound to endeavour with the other 
 party, that the faid fhip or fhips be purfued, brought 
 
 VOL. I. L back,
 
 I4 6 TREATIES [1578 
 
 back, and reftored to the owners; but all this fhall 
 be done at the charges of the owners, or whom it 
 concerns. 
 
 XXX. That fearchers, and other like officers on 
 both fides, lhall regulate themfelves according to the 
 laws of either nation, and (hall not impofe or demand 
 more than they are allowed by their commiflions and 
 inftruc"r.ions. 
 
 XXXI. That if any injury be done or pracYifcd by 
 either nation, or the fubjefts or inhabitants of the lame, 
 againft the fubjedls or inhabitants of the other, or 
 againft any of the articles of this prefent treaty, or 
 againft common right; yet neverthelefs no letters of 
 reprifal, marque, or countermarque, fhall be granted 
 by either fide, till juftice hath been firft demanded ac- 
 cording to the ordinary courfe of law; but in cafe 
 juftice be there denied or delayed, then that the laid 
 King of Great Britain, and the faid States General, or 
 commiflioners of that nation whofe fubjefts and inha- 
 bitants have fuffered the wrong, fhall publicly require 
 juftice from that other party, where (as abovefaid) it 
 was denied or delayed, or from that power appointed 
 to hear and decide fuch differences, that there may be 
 a friendly compofure, or due prccefs of law. But if 
 Hill there happen more delays, and neither juftice be 
 adminiftered, nor fatisfaclion given within three months 
 after fuch demand, that then letters of reprifal, marque, 
 or countermarque, may be granted. 
 
 XXXII. -It is alfo agreed, if at any time it hap- 
 pen (which God of his mercy forbid) that the differ- 
 ences now compofcd between his faid Majefty and the 
 laid States General fhould fefter, and break out again 
 into open war, that then thofe fhips, merchandize, er 
 any kind of moveables of either party, which fhall be 
 found to be and remain in the ports, and under the 
 command of the adverfe party on either fide, fhall not 
 for all that be confiicated, or made obnoxious to any 
 inconvenience; but die fpace of fix months lhall en- 
 tirely
 
 1788.] WITH THE STATES GENERAL. 147 
 
 tirely be allowed to the fubjefts and inhabitants of 
 either party, that they may have leifure to tranfport 
 from thence the forementioned things, and any thing 
 elfe that is theirs, whither they fhall think fit, without 
 any kind of moleftation. 
 
 XXXIII. That they who have obtained private 
 com miflions from either party, before they receive, 
 fuch commiffions, fhall give good and fufficient cau- 
 tion before the judge of the court where they receive 
 fuch commiffions, by refponfible men, who have no 
 part or fhare in fuch fhips, that they fhall do no da- 
 mage or injury to the fubjects or inhabitants of either 
 fide. 
 
 XXXIV. It is alfo agreed and concluded, that the 
 fubjefts and inhabitants of either party fhall always 
 have free accefs to each other's fea-ports, there to 
 remain, and from thence to depart with the fame free- 
 dom; and not only with their merchant-fhips and 
 lading, but alfo with their men of war, whether they 
 belong to the faid King or States General, or unto fuch 
 as have obtained private commiflions, whether they 
 arrive through violence of tempeft, or other cafualty 
 of the feas, or to mend their ihips, or to buy provi- 
 fion, fo^they exceed not the number of eight men of 
 war, when they come there voluntarily, nor fhall re- 
 main or abide longer in the havens or places adjacent^ 
 than they fhall have a juft ^caufe, to repair their faid 
 fhips, or to buy victuals ~or other necefTaries: and 
 if a greater number of men of war fhould upon 
 occafion defire to come unto fuch ports, they fhall in 
 no cafe enter thereinto, until they have firft obtained 
 leave from thofe to whom the faid havens do apper- 
 tain, unlefs they be forced fo to do by ftorm, or fome 
 force or neceffity, whereby they may avoid the danger 
 of the fea : in which cafe alfo they fhall prefently 
 make knt)wn the caufe of their coming unto the go- 
 vernor or chief magiftrate of the place, and fhall 
 flay ao longer than the faid governor or chief magif- 
 
 L 2 tratc
 
 , 4 3 TREATIES [1578 
 
 trate (hall permit them, and fhall not do any acts of 
 hoftiiity or other prejudice in the aforefaid havens 
 during their abode there. 
 
 XXXV. Furthermore it is agreed and concluded, 
 that both parties lhall truly and firmly obferve and 
 execute this prefent treaty, and all and every the mat- 
 ters contained therein, and effectually caufe the fame 
 to be obferved and performed by the fubje&s and in- 
 habitants of either nation. 
 
 XXXVI. Alfo, for further caution and aflurance 
 that this treaty and confederacy fhall be duly and bond 
 fde obferved on the part of the faid States General of 
 the Lfnited. Provinces and their people, it is concluded 
 and agreed, as alfo the faid States General by thefe 
 prefents do agree, and firmly oblige and bind them- 
 felves, that all and every one whom they, or the 
 States of the Provinces fhall at any time choofe, ap- 
 point, or make captain-general, governor, or chief 
 prefident, or ftad-holder, general of armies or mili- 
 tary forces by land, or admiral or general of the fleets, 
 fhips, or forces at fea, fhall be bound and obliged by 
 oath to confirm this treaty, and all the articles thereof, 
 and promife facredly upon oath, that they fhall, as far 
 as it is pofiible, religioufly obferve and execute the 
 fame, and, as much as concerns them, caufe the fame 
 to be obferved and executed by others. 
 
 XXXVII. Under this prefent treaty of peace thofe 
 fhall be comprehended, who fhall be named by either 
 party with common confent before the exchange of 
 ratifications, or within fix months after. But in the 
 mean time, as the covenanting parties do thankfully 
 acknowledge the friendly offices, and unwearied en- 
 deavours, whereby the moft Serene King of Sweden, 
 interpofing his mediation, hath, through the afliftance 
 of God, promoted and carried on this beneficial work 
 of pacification unto the defired conclufion; fo, to tef- 
 tify their like affection, it is decreed and covenanted by 
 the common confent of all the parties, that his above- 
 mentioned 
 
 '
 
 1788.] WITH THE STATES GENERAL. 149 
 
 mentioned Majefty of Sweden, with all his kingdoms, 
 dominions, provinces, and rights, be included in this 
 treaty, and comprehended in the prefent pacification, 
 after the beft and moft effectual manner that may be. 
 
 XXXVIII. It is 'alfo covenanted, concluded, and 
 agreed, that the prefent treaty, and all and every thing 
 and things therein contained and concluded, fhall be 
 confirmed and ratified by the faid King of Great 
 Britain, and the faid States General of the United Pro- 
 vinces, by letters patents on both fides, fealed with the 
 great feal in due and authentic form, within four weeks 
 next enfuing, or fooner, if it can be done; and that 
 within the faid time the ratifications on both fides fhall 
 be exchanged at Breda j and that prefently after the 
 delivery and exchange of the fame, this treaty and 
 alliance lhall be publifhed in fuclvform and place as 
 is ufual. 
 
 Done at Breda, the ^ day of July, 1667. 
 
 The feparate Article. 
 
 IF it happen that any tapeftry, hangings, carpets, 
 pictures, or houfhold furniture of what kind foever, 
 or precious ftones, jewels, rich curiofities, or other 
 moveable goods whatfoever, belonging to the King of 
 Great Britain, either now are, or hereafter fhall be 
 found to be in the hands or power of the faid States 
 General, or of any of their fubjects; the faid States 
 General do promife, that they will in no wife protect 
 the poffeflbrs of any moveables appertaining unto the 
 faid King ; which goods may be taken from them in 
 ,fuch manner, that they, who fhall make difficulty to 
 reftore them freely, may not be dealt withal by any 
 means contrary to equity and juftice. And the faid 
 States do promife to ufe their moft effectual endea- 
 vours, that a plain and fummary way of proceeding 
 may be taken in this affair, without the ordinary form 
 and method of procefs ufually obferved in courts; 
 ind that juftice be adrniniftered, whereby .his faid 
 L 3 Majefty
 
 J5 o TREATIES [1578 
 
 Majefty may be fatisfied, as far as pofilbly may be, 
 without the wrong of any one. 
 
 Alfo, that if any of thole who are guilty of that 
 horrible treafon and parricide committed upon King 
 Charles the Firft of mod blefled memory, and law- 
 fully attainted, condemned, or convicted of the fame, 
 either now are in the dominions of the faid States Ge- 
 neral, or fhall hereafter come thither ; as foon as ever 
 it fhall be known or fignified to the faid States Ge- 
 neral, or any of their officers, they fhall be appre- 
 hended, put into cuflody, and fent prifoners into Eng- 
 land, or delivered into the hands of thofe whom the 
 faid King of Great Britain fhall appoint to take charge 
 of them, and bring them home. 
 
 Done at Breda the Z-' r day of July, 1667. 
 
 His Majefly's 'Declaration concerning the Reftoring of 
 all Places, Forts, &c. which his Subjefisjhall have 
 taken or recovered from the Dutch after the ^- day 
 of May lajl pajl. 
 
 . CHARLES II. by the grace of God, King of 
 Great Britain, France, and Ireland, Defender of the 
 Faith, &c. We do hereby make known and teftify 
 unto all and every perfon and perfons whom it doth 
 or may any way concern, that whereas in the treaty 
 of peace concluded at Breda the 4-J day of July, 1667, 
 between us and the High and Mighty Lords States 
 General of the United Netherlands, it is agreed in 
 the third article, that each party is to hold and pofiefs, 
 for the time to come, with plenary right of fovereign- 
 ty, propriety, and pofleflion, all fuch lands, iHands, 
 cities, forts, places, and colonies, as during this war, 
 or in any former times before this war, they have by 
 force of arms, or any way whatfoever, gotten or de- 
 tained from the other party, after the very fame man- 
 ner as they had feized and did pofiefs them on the : ;. 
 day of May laft paft, not excepting any of the faid places, 
 And whereas furthermore, for the avoiding of all mat- 
 
 ter
 
 1788.] WITH THE STATES GENERAL. 151 
 
 ter of ftrife and contention, which ufeth fometimes to 
 arife by reafon of reftitutions, it is alfo agreed in the 
 fixth article, that if either party fhall intercept and get 
 from the other any lajids, iflands, cities, forts, colo- 
 nies, and other places, after the faid 44 day of May 
 laft paft, all and every of the premifies (without any 
 distinction of time and place) are forthwith to be re- 
 ftored in the very fame condition wherein they fhall 
 be found to be at the time whenfoever certain notice 
 fhall come to thofe places that the peace is renewed : 
 We do hereby require and command all our gover- 
 nors, officers, commanders, and fokliers, both by fea 
 and land, of what quality and condition foever they 
 be, as well within Europe as without, that they do 
 not only forbear and totally abftain from all h Jlility, 
 according to the tenor of the forefaid treaty ; but alfo, 
 if at any time it fhall happen or come to pafs, that 
 any lands, iflands, cities, forts, colonies, and other 
 places, wherefoever fituated, fhall be taken from the 
 United Netherlanders, or recovered from them and 
 brought under our power, after the expiration of the 
 faid -i-o- day of May, that they reitore them all, with- 
 out any delay or excufe, unto thofe perfons who fhall 
 exhibit thefe letters patents, in fuch condition as they 
 fhall be found in at the time when the renewing of the 
 peace fhall be notified there, without any diminution, 
 detraction, wafte, or embezzlement whatfoever, upon 
 pain of our higheft difpleafure. Given at Weftminfter 
 the nine and twentieth day of July, old ftile, and eighth 
 day of Auguft, new ftile, in the year of our Lord 
 1667, and of our reign the nineteenth. 
 
 [The following is printed from the copy publifhed by 
 
 authority in 1686.] 
 
 Articles of Navigation and Commerce between the Moft 
 Serene and Mighty Prince, Charles the Second, by 
 the Grace of God, King of England, Scotland, 
 France, and Ireland, Defender of the Faith, &c. 
 and the High and Mighty Lords the States General 
 L 4 of
 
 152 TREATIES [1578 
 
 of the United Netherlands, concluded the \\ day 
 0/July, 1667, 
 
 WHEREAS by thofe articles of peace, union, and 
 alliance, which are this day concluded between his ' 
 Majefly the King of Great Britain, and the States 
 General of the United Provinces, it is fpecially and 
 carefully provided, that all the dilrnal and calamitous 
 effects of war may forthwith ceafc, and that the peace 
 fo much defired by all, may be reftored in all king- 
 doms and dominions of both parties, and unto all 
 their fubjects and inhabitants : and the meafure of 
 time and affairs hath not permitted them to weigh in 
 an equal balance, and thereby exactly to adjuft all 
 and e-ry thing and things which were to be obferved 
 and confidered about the forefaid articles, efpecially 
 about thofe which belong to the rules of free naviga^ 
 tion and trade j and that it may be feared, the inhabi- 
 tants and fubjects of both parties may fall back a.; a in 
 into new quarrels and difientions, and the differences 
 now ccmpofed may bleed afrefh, if they be not bound 
 up by fome certain laws about thofe things which 
 concern navigation and the ufe of trade: therefore, 
 by the mediation and endeavours of the Swedifh am- 
 bafladoi s, the forementioned parties have further agreed 
 unto thefe feparate articles. 
 
 I. That all fuch proclamations and acts of ftate, 
 which either party hath publiihed, by reafon of this 
 war, to the prejudice of the other party, againft the 
 liberty of navigation and trade^ be abrogated on both 
 fides. 
 
 II. That for the elucidation of that act which the 
 King of Great Britain caufed to be publifhed in the 
 year 1660, for the encouragement of navigation in 
 his own fubjects, whereby {hangers are prohibited to 
 import any commodities into England, but fuch as 
 are of their own growth or manufacture j it may be 
 lawful for the States General, and their fubjects, to 
 garry alfo into Engird in their (hips, all fuch corn- 
 modi ti cs
 
 1788.] WITH THE STATES GENERAL. 153 
 
 modifies as growing, being produced, or manufac- 
 tured in Lower or Upper Germany, are not ufually 
 carried fo frequently and commodioufly unto fea- 
 ports (thence to be tranfported to other countries) 
 any other way but through the territories and domi- 
 nions of the United Netherlands, either by land or by 
 rivers. 
 
 III. Whereas the King of Great Britain hath here- 
 tofore prefTed, that merchandize and commodities on 
 both fides might be reduced to a certain and conve- 
 nient rule j the States General alfo have always aim 
 at the fame mark, that merchandize fhould be bounded 
 and circumfcribed within fome certain laws of perpe- 
 tual obfervation ; and yet that bufmefs feems to re- 
 quire longer attention and labour, than that it can be 
 fpeedily difpatched to the fatisfaction of both parties; 
 they are both content to remit the lame unto a fitter 
 occafion, that commifiioners on both fides may meet 
 together as foon as may be after this peace is conclu- 
 ded, who may refolve and agree about Ipecifying and 
 circumfcribing the fpecies of commodities, and the 
 laws of navigation, and may fet the fame down in new 
 and mutual covenants. Yet left in the mean time the 
 inhabitants and fiibjects of both parties fhould be in fuf- 
 pence and doubt, as not knowing what kinds of com- 
 modities it may be lawful or unlawful to carry or fup- 
 ply unto the enemy of either party, after the manner 
 and form of warlike provifions or fuccours, or under 
 the title or pretence of merchandize ; it is likewife 
 covenanted and agreed, that the treaty of navigation 
 and commerce made between the Moft Chriftian King 
 and the faid States General (beginning from the 26th 
 unto the 420! article inclufively) in that manner and 
 tenor wherein they follow here, inferted in the French 
 language, may provifionally ferve for a rule and law, 
 and fo make way for the perfecting of a larger and 
 fuller treaty concerning maritime commerce between 
 $he above-mentioned parties. 
 
 The
 
 154 TREATIES [157$ 
 
 The forefaid articles follow. 
 
 26. All the fubjedls and inhabitants of France may 
 with all fafety and freedom fail and traffic in all the 
 kingdoms, countries, and eftates which are or fball be 
 in peace, amity, or neutrality with France, without 
 being troubled or difquieted in that liberty by the fhips, 
 gallics, frigates, barques, or other veflels belonging to 
 the States General, .or any of their fubjects, upon oc- 
 cafion and account of the hoftilities which may here- 
 after happen between the faid States General and the 
 abovefaid kingdoms, countries, and eftates, or any of 
 them, which are or lhall be in peace, amity, or neu- 
 trality with France. 
 
 27. This tranfportation and traffic fhall extend to 
 all forts of merchandize, except thofe of contraband. 
 
 28. This term of contraband goods is underftood 
 to comprehend only all forts of fire-arms and their 
 appurtenances ; as cannon, mulquets, mortar-pieces, 
 petards, bombs, granadoes, faucifies, pitched hoops, 
 carriages, refts, bandeliers, powder, match, falt-pt -m , 
 bullets, pikes, fwords, morions, head-pieces, cuiraftf, 
 halberts, javelins, horfes, great faddles, holders, belts, 
 and other utenfils of war. 
 
 29. In this quality of contraband goods thefe fol- 
 lowing (hall not be comprehended ; wheat, corn, and 
 other grain, gums, oils, wines, fait, nor generally any 
 thing that belongs to the nourifhment and fuftenance 
 of life, but (hall remain free as other merchandize 
 and commodities not comprehended in the precedent 
 article ; and the tranfportation of them fliall be per- 
 mitted even unto places in enmity with the faid States 
 General, except fuch cities and places as are befieged, 
 blocked up, or inverted. 
 
 30. It hath been agreed, that the execution of what 
 is abovefaid (hall be performed in the manner follow- 
 ing; that the (hips and barques with the merchan- 
 dize of his Majefty's fubjects, "being entered into any 
 port of the faid States General, and purpofing to pafs 
 from thence unto the ports of the faid enemies, lhall 
 
 be
 
 1788.] WITH THE STATES GENERAL. 155 
 
 be only obliged to fhew unto the officers of the port 
 of the faid States out of which they would go, their 
 paflports, containing the fpecification of the lading of 
 their fhips, attefted and marked with the ordinary 
 feal and figning, acknowledged by the officers of the 
 admiralty of thofe places from whence they firft came, 
 with the place whither they are bound, all in the 
 ufual and accuftomed form : after which fhewing of 
 their pafiports in the form aforefaid, they may not 
 be difquieted nor fearched, detained nor retarded in 
 their voyages, upon any pretence whatfoever. 
 
 31. The fame courfe fhall be ufed in regard of the 
 French fhips and barques which fhall come into any 
 roads of the countries under the obedience of die faid 
 States, not intending to enter into the ports, or being 
 entered thereinto, not to unlade and break bulk; 
 which fhips may not be obliged to give account of 
 their lading, but in cafe of fufpicion that they carry 
 unto the enemies of the faid States any contraband 
 goods, as was abovefaid. 
 
 32. And in cafe of fuch apparent fufpicion, the faid 
 fubjects of his Majefty fhall be obliged to Ihew in the 
 ports their paflports in the form above fpecified. 
 
 33. But if they were come within the roads, or 
 were met in the open fea by any of the faid States 
 Jhips, or private men of war their fubjects j for avoid- 
 ing of all diforder, the faid fhips of the United Pro- 
 vinces fhall come no nearer unto the French barques 
 than within cannon-fhot, and may fend their long- 
 boat or fhallop on board the French fhips or barques, 
 and caufe only two or three men to go on board, un- 
 to whom the paflports and certificates fhall be fhewn 
 by the mafter or pilot of the French fhip, in the man- 
 ner above fpecified, according to the form of the faid 
 certificates which fhall be inferted at the end of this 
 treaty ; by which paflports and certificates proof may 
 be made not only of the lading, but alfo of the place 
 of the abode and refidence as well of the mafter and 
 pilot, as of the fhip ideH" 3 to the end that by thefe 
 
 2 two
 
 , 5 6 TREATIES [157* 
 
 two ways it may be known whether they carry con- 
 traband goods ; and that die quality as well of the 
 faid fhip as of its mafter and pilot may fufficiently ap- 
 pear: unto which paffports and certificates entire 
 faith and credit ought to be given. And to the end 
 that their validity may be the better known, and that 
 they may not be in any wife falfified and counterfeit, 
 certain marks and counterfigns of his Majefty and the 
 faid States General fhall be given unto them. 
 
 34. And in cafe any merchandize and commodities 
 of thofe kinds which are before declared to be con- 
 traband and forbidden, fhall by the means afbrctiiid 
 be found in the French vefiels and barques bound for 
 the ports of the faid States enemies ; they fhall be 
 unladen, and declared confifcate before the judges of 
 the admiralty of the United Provinces, or, other 
 competent officers : but fo, that the fhip and barque, 
 or other free and allowed goods, merchandize, and 
 commodities found ia the fame fhip, may not for 
 that caufe be in any manner feized or confifcate. 
 
 35. It was furthermore agreed and covenanted, 
 that whatfoever fhall be found laden by his Majef- 
 ty's fubjects upon a fhip of the enemies of the laid 
 States, although the fame were not contraband goods, 
 fhall yet be confifcate, with all that fhall be found in 
 the faid fhip, without exception or refervation ; but on 
 the other fide alfo, all that fhall be and fhall be found 
 in the fhips belonging to the Mofl Chriftian King's 
 fubjefts, fliall be free and difcharged, although the 
 lading or part thereof belong to the faid States ene- 
 mies i except contraband goods, in regard whereof 
 .fuch rule fhall be obferved as hath been ordered in the 
 precedent articles. 
 
 36. All the fubjc&s and inhabitants of the faid 
 United Provinces fhall reciprocally enjoy the fame 
 rights, liberties, and exemptions in their trade and 
 commerce, within the ports, roads, feas, and eftates of 
 his faid Majefty (as hath been newly faid) which his 
 faid Majefly's fubjecVfhall enjoy in thofe of the faid 
 
 Statr.% 

 
 1788.] WITH THE STATES GENERAL. 157 
 
 States, and in open fea ; it being to be underftood, 
 that the equality Ihall be mutual every way on both 
 fides : And even in cafe die faid States fhould hereaf- 
 ter be in peace, amity, and neutrality with any Kings, 
 Princes, and States, who fhould become enemies to 
 his faid Majefty, either of the parties are mutually to 
 ufe the fame conditions and reftrictions exprefTed in 
 the articles of this prefent treaty, which regard trade 
 and commerce. 
 
 37. And the more to affure the fubjects of the faid 
 States, that no violence fhall be offered them by the 
 faid Ihips of war, all the captains of the King's /hips, 
 and others his Majefty's fubjecbs, fhall be charged 
 and enjoined not to moleft or endamage them in any 
 tiling whatsoever, upon pain of being punifhed and 
 made anfwerable in their perfons and goods for the 
 damages and interefls fuffered, and to be fuffered, un- 
 til due reftitution and reparation be made. 
 
 38. And for this caufe the captains and capers fliall 
 from henceforth every one of them be obliged, before 
 they go out, to give good and fufficient fecurity be- 
 fore competent judges, in the fum of fifteen thou- 
 fand livres tournois, to anfwer every one by himfelf 
 for the mifcarriages they may commit in their courfes 
 at fea, and for their captains and officers violations of 
 this prefent treaty, and of the orders and proclama- 
 tions of his Majefty, which fhall be publifhed by vir- 
 tue and in conformity of the regulation therein 
 made ; upon pain of being cafhiered, and forfeiting 
 the faid commiflions a.nd licences : which fhall in 
 
 . like manner be pradifed by the fubjects of the faid 
 States General. 
 
 39. If it fhould happen that any of the faid French 
 captains fhould make prize of a veflel laden with 
 
 . contraband goods, as hath been faid, the faid cap- 
 tains may not open nor break up the chefts, mails, 
 packs, bags, cafk, and other boxes, or tranfport, fell, 
 or exchange, and otherwife alienate them, until they 
 have landed in the prefence of the judges of the ad- 
 miralty,
 
 , 5 g TREATIES [1578 
 
 miralty, and after an inventory hath by them been 
 made of die faid goods found in the faid velTcls ; un- 
 lefs the contraband goods making but a part of the 
 lading, the mafter or pilot of the fhip (hould be con- 
 tent to deliver the faid contraband goods unto the 
 faid captain, and to purfue his voyage: in which 
 cafe the faid mafter or pilot (hall by no means be hin- 
 dered from continuing his courfe and the dcfign of 
 his voyage. 
 
 40. His Majcfty being defirous that the fubjefls of 
 the faid States may be ufed in all countries under 
 his obedience as favourably as his own fubjefts, will 
 give all neceffary orders, that judgments and decrees 
 upon prizes which (hall happen to be taken at fea, 
 may be given with all juftice and equity, by perfons 
 not fufpefted nor concerned in the matter under de- 
 bate : and his Majefty will give precife and effectual 
 orders, that all decrees, judgments, and orders of juf- 
 tice already given and to be given, may be readily 
 and duly executed according to their forms. 
 
 41. And when the ambafiadors of the faid States 
 General, or any other of their public miniftcrs refid- 
 ing in his Majefty's court, (hall make complaint of 
 the judgments which (hall be given, his Majefty will 
 caufe a review to be made of the faid judgments in 
 his council, to examine whether the order and pre- 
 cautions contained in the prefent treaty have been fol- 
 lowed and obferved, and to provide for the fame ac- 
 cording to reafon; which (hall be done within the 
 ipace of three months at the fartheft : neverthelefs, 
 neither before the firft judgment, nor after it, dur- 
 ing the time of the review, the goods and efte&s 
 which are claimed, may not be fold or unladen, un- 
 fefs it be with content of the parties interefted, to avoid 
 the fpoiling of the faid commodities, if they be pe- 
 rifhable. 
 
 42. When procefs (hall be moved in the firft or fe- 
 cond inftance between thofe that have taken the prizes 
 at fea, and the perfons interefted therein, and the faid 
 
 interefted
 
 i78.] WITH THE STATES GENERAL. 15$ 
 
 interefted perfons fhall come to obtain a favourable 
 judgment or decree, the faid judgment or decree fhall 
 have its execution upon fecurity given, notwithstanding 
 the appeal of him that took the prize j but the fame 
 (hall not hold on the contrary. And that which is 
 faid in this prefent, and in the precedent articles, for 
 the caufing of good and fpeedy juftice to be done 
 ento the fubjefts of the United Provinces in the mat- 
 ter of prizes taken at fea by his Majefty's fubjeclrs, 
 fhall be underftood and pra&ifed by the States Ge- 
 neral, in regard of prizes taken by their fubjeds from 
 thofe of his Majefty, 
 
 IV. It is alfo covenanted, that thefe above- written 
 feparate articles, and all and every thing therein con- 
 tained and concluded, fhall be confirmed and ratified 
 by the faid King of Great Britain, and the faid States 
 General of the United Provinces, by letters patents 
 of both parties, fealed with their great feal in due and 
 authentic form, within four weeks next enfuing, or 
 fooner, if it may be ; and mutual inftruments lhall 
 be exchanged at.: Breda within the forefaid time; and 
 the fame fhall be publilhed, after the delivery and ex- 
 change thereof, in the ufual form and place. 
 
 Done at Breda the ~ day of July, 1667. 
 
 A Form of the Paffports and Certificates that ought tt 
 be given in the Admiralty of France, to the Ships 
 and Barques that go out theme, according to ths 
 Article of the prefent 'treaty. 
 
 C^SAR, Duke of Vendome, Peer and Great 
 Matter, Chief and Superintendant General of the na- 
 vigation and commerce of France : To all who fhall 
 fee thefe prefents, greeting. 
 
 We do make known, that we have granted leave 
 and permiflion to mafter and conduc- 
 
 tor of a fhip called of the city of 
 
 of the burthen of 
 
 tons or thereabouts, being 
 at
 
 TREATIES [1578 
 
 at prefent in the port and haven of 
 to go to laden with af- 
 
 ter fearch fhall have been made of his fhip, and he 
 before his departure fhall make oath before the officers 
 that exercife the jurifdiftion of maritime caufes, that 
 the faid veflel doth belong to one or more of his Ma- 
 jefty's fubjefts, an aft whereof fhall be put at the bot- 
 tom of the preftrnts, as alfo to keep and caufe to be 
 kept by thofe aboard him, the orders and rules of the 
 marine, and fliall put into the regiftry the roll figned 
 and certified, containing the names and furnamcs, the 
 nativity and habitation of the men that are aboard him, 
 and of all that fliall embark themfelves, whom he 
 may not take on board without the knowledge and 
 permiflion of the marine officers j and in every port or 
 haven where he fhall enter with his fhip, fhall make 
 appear to the officers and marine judges concerning 
 the prefent licence, and lhall make them faithful re- 
 lation of what hath been done and hath pafTed during 
 his voyage, and fhall carry the flags, arms, and co- 
 lours, both the King's and ours, throughout his whole 
 voyage. In witnefs whereof, we have figned thefe 
 prefents, and caufed the feal of our arms to be put 
 thereunto, and the fame to be countcrfigned by our 
 fecretary of the marine, the day of 
 
 One thoufand fix hundred 
 
 (Signed) 
 
 Cafar of Vendome. And underneath, By my Lord 
 Matbarel. And fealed with the fcal of the 
 arms of the faid Lord Admiral. 
 
 A Form of the Aft containing tie Oath. 
 
 WE of the Admi- 
 
 ralty of do certify, that 
 
 mafter of the fhip named 
 
 in the paflport above, hath taken the oath therein 
 mentioned. Made at the day of 
 
 One thoufand fix hundred, &c. 
 
 Another
 
 1788-.] WITH THE STATES GENERAL. ,161 
 
 Another Form of the Certificates that ought to be given 
 by the Cities and Sea Ports of the United Provinces, 
 to the Ships and Barques that go from thence, ac- 
 cording to the Article abovefaid. 
 
 TO the moft Serene, moft Illuftrious, Illuftrious, 
 mod Mighty, moft Noble, Honourable, and Prudent 
 Lords, Emperors, Kings, Commonwealths, Princes, 
 Dukes, Comties, Barons, Lords, Burgomafters, She- 
 riffs, Counfellors, Judges, Officers, Juftices, and Re- 
 gents of all good cities and places, as well ecclefiafti- 
 cal as fecular, who fhall fee or read thefe prefents. We 
 burgomafters and governors of the city of 
 do make known, that fhip-mafter, 
 
 appearing before us, hath declared by folemn oath, 
 that the fhip called containing about 
 
 lafts, of which he is at prefent 
 the mafter, belongeth to inhabitants of the United 
 Provinces, So help him God : And, as we would wil- 
 lingly fee the faid Ihip-mafter aflifted in his juft af- 
 fairs, we do requeft you all in general and particu- 
 lar, that where the abovefaid mafter fhall arrive with 
 his fhip and goods, it may pleafe them to receive 
 him courteoufly, and ufe him in due manner, fuffer- 
 ing him, upon the ufual rights of tolls and other char- 
 ges, in, through, and nigh your ports, rivers, and ter- 
 ritories, permitting him to fail, pafs, frequent, and 
 trade there where he fhall think fit. Which we fhall 
 willingly acknowledge. In witnefs whereof we have 
 caufed die feal of our city to be thereunto put. 
 
 [The following is printed from the copy publifhed by 
 authority in 1686.] 
 
 Articles touching Navigation and Commerce, between 
 the moft Serene and Mighty Prince, Charles the 
 Second, by the Grace of Gcd, King <?f England, Scot- 
 land, France, and Ireland, Defender of the Faith, 
 &c. and the High and Mighty Lords the Suites Ge- 
 
 VOL, I. M neral
 
 162 TREATIES [1578 
 
 neral of the United Netherlands^ concluded at the 
 Hague the r r r February, 166^. 
 
 WHEREAS, by the bleffing of Almighty God, 
 for the mutual fafety of the two parties, as well as the 
 common good of Chriftendom, a perpetual defenfive 
 treaty was concluded, and figned on the 2jd day of 
 January laft pad, between the moft Serene and moft 
 Potent Prince Charles the Second, and the High and 
 Mighty Lords the States General of the United Ne- 
 therlands, with ftipulation of confiderable fuccours, to 
 be mutually given by the parties, as well by fea as 
 land : And whereas the faid King and States did on 
 the fame day, and by another inftrument, readily en- 
 ter into a folemn treaty and agreement, for compofmg 
 the affairs of their neighbours, and rcftoring peace to 
 Chriftendom ; fo as nothing feems now remaining that 
 can at any rime hereafter interrupt a friendihip and al- 
 liance renewed with fo ecjual defires, unlefs luch con- 
 troverfies as may othcrwife hereafter happen to arife 
 about determining the different forts and natures of 
 merchandize, which being left dubious and uncertain, 
 would give occafion to the further growth of fuch dif- 
 ferences: And therefore, that it may appear with what 
 fmcerity and good faith the laid King, and the laid 
 States, defire to preferve and entertain, not only for 
 the prefcnt, but to all poftrrity, the amity they lately 
 contracted between them, they have at laft, for the 
 taking away all grounds, not only of differences and 
 mifunderftandings, but even of queftions and difputes ; 
 and fo utterly to cut off" the hope and expectation of 
 thofe, whoever they are, that may think it their inte- 
 reft, by new controverfies, to endeavour the difturbance 
 or interruption of the faid peace, mutually agreed on 
 thefe following articles, which are to be on both fides, 
 and for ever, obfervcd as the meaiure and rule of fuch 
 maritime affairs, and mutual ictdement of trade, or 
 at left fo long, till, by the joint confent of both par- 
 ties, commiffioners be appointed, and do meet in or- 
 der to the framing a more full and ample treaty con- 
 cerning
 
 1788.] WITH THE STATES GENERAL. 163 
 
 cerning this matter, and the laws and rules of com- 
 merce and navigation ; as by farther experience fhall 
 be found moft advantageous to the common good of 
 both parties* 
 
 I. All the fubjects and inhabitants of Great Britain 
 may, with all fafety and freedom, fail and traffic in all 
 the kingdoms, countries, and eftates, which are or fhall 
 be in peace, amity, or neutrality with Great Britain, 
 without being troubled or difquieted in that liberty 
 by the fhips of war, gallies, frigates, barques, or other 
 vefTels belonging to the States General, or any of their 
 fubjeds, upon occafion and account of the hoftilities 
 which may hereafter happen between the faid States 
 General and the abovefaid kingdoms, countries, and 
 eftates, or any of them, which are or fhall be in peace, 
 amity, or neutrality with Great Britain. 
 
 II. This freedom of navigation and traffic Ihall 
 extend to all forts of merchandize, except thofe of 
 contraband. 
 
 III. This term of Contraband goods is underftood 
 to comprehend only all forts of fire-arms and their 
 appurtenances; as cannon, mufquets, mortar-pieces, pe- 
 tards, bombs, granadoesj fire-crancels, pitched hoops> 
 carriages, refts, bandeliers, powder, match, falt-petre, 
 bullets, pikes, fwords, morions, head-pieces, coats of 
 mail, halberts, javelins, horfes, great faddles, holfters, 
 belts, and other utenfils of war, called in French, Afibr- 
 tiflemens fervans a Pufage de la guerre. 
 
 IV. In this quality of contraband goods, thefe fol- 
 lowing fhall not be comprehended; corn, wheat, or;, 
 other grain, and pulfe ; oils, wines, fait, or generally 
 any thing that belongs to the nourifhment and fufte- 
 nance of life, but fhall remain free as other mer- 
 chandize and commodities not comprehended in the 
 precedent article; and the tranfportation of them fhall 
 be permitted even unto places in enmity with the faid 
 States General, except fuch cities and places as are 
 befieged, blocked up, or invefted. 
 
 M 2 V. It
 
 164 TREATIES [1578 
 
 V. It hath been agreed, for the due execution of 
 what is abovefaid, that the fhips and barques of the 
 Englifh, laden with merchandize, being entered into 
 any port of the faid States General, and purpofing to 
 pafs from thence unto the ports of their enemies, {hall 
 be only obliged to fhew unto the officers of the port 
 of the faid States, out of which they would go, their 
 paflports, containing the fpecification of the lading of 
 their fhips, atteiled and marked with the ordinary 
 feal of the officers of the admiralty of thofe places 
 from whence they firft came, with the place whither 
 they are bound, all in the ufual and accuftomcd form : 
 after which (hewing of their paflports in the form 
 aforefaid, they may not be difquieted nor fearched, 
 detained nor retarded in their voyages, upon any pre- 
 tence whatfoever. 
 
 VI. The fame courfe fhall be ufed in regard of the 
 Englifli. fhips and veflels whicli fhall come into any 
 roads of the countries under the obedience of the faid 
 States, not intending to enter into the ports, or being 
 entered thereinto, not to unlade and break bulk j 
 which fhips- may not be obliged to give account of 
 their lading, but in cafe of fufpicion that they carry 
 unto the enemies of the faid States any contraband 
 goods, as was abovefaid. 
 
 VII. And in cafe of fuch apparent fufpicion, the 
 faid fubjects of his Majefry fhall be obliged to fhew 
 in the ports their paflports in die form above fpecified. 
 
 VIII. But if they were come within the roads, or 
 were met in the open fca by any of the faid States 
 fhips, or private men of war of their fubjectsj for avoid- 
 ing of all diforder, the faid fhips of the United Pro- 
 vinces, or of their fubjefts, fhall not come near within 
 cannon-fhot of the Englifh, but fhall fend out their 
 long-boat, and caufe only two or three men to go on 
 board the Englifli fhips or veffels, unto whom the 
 paflports and certificates of die propriety of the fhips 
 fhall be fhewn by the mafter or captain of the Englifh
 
 1788.] WITH THE STATES GENERAL. 165 
 
 fhip, in the manner above fpecified, according to the 
 form of the faid certificates which fhall be inferted at 
 the end of this treaty ; by which paflports and certifi- 
 cates proof may be made not only of the lading, but 
 alfo of the place of the abode and refidence of the 
 mafter or captain, and name of the fhip itfelf ; to the 
 end that by thefe two ways it may be known whether 
 they carry contraband goods, and that the quality as 
 well of the faid fhip, as of its mafter or captain, may 
 fufficiently appear: unto which paflports and certifi- 
 cates entire faith and credit fhall be given. And to 
 the end that their validity may be the better known, 
 and that they may not be in any wife falfified and 
 counterfeit, certain marks and counterfigns of his Ma- 
 jeily and the faid States General fhall be given unto 
 them. 
 
 IX. And in cafe any merchandize and commodi- 
 ties of thofe kinds which are before declared to be con- 
 traband and forbidden, fhall by the means aforefaid be 
 found in the Englifh fhips and veffels, bound for the 
 ports of the faid States enemies, they fhall be unla- 
 den, judicially proceeded againft, and declared confif- 
 cate before the judges of the admiralty of the United 
 Provinces, or other competent officers : but fo that 
 the fhip and veffel, or other free and allowed goods, 
 merchandize, and commodities found in the fame 
 fhip, may not for that caufe be in any manner feized 
 or confifcate. 
 
 X. It is furthermore agreed and covenanted, that 
 whatsoever fhall be found laden by his Majefty's fub- 
 jects upon a fhip of the enemies of the faid States, al- 
 though the fame were not contraband goods, fhall 
 yet be confifcate, with all that fhall be found in the faid 
 fhip, without exception or refervation: but on the 
 other fide alfo, all that fhall be found in the fhips be- 
 longing to the King of Great Britain's fubjects, fhall 
 be free and diicharged, although the lading or part 
 thereof belong to the faid States enemies j except con- 
 
 M 3 traband
 
 i66 TREATIES [1578 
 
 traband goods, in regard thereof fuch rule fhall be 
 obferved as hath been ordered in the precedent ar- 
 ticles. 
 
 XI. All the fubjects and inhabitants of the faid 
 United Provinces mall reciprocally enjoy the fame 
 rights, liberties, and exemptions, in their trade and 
 commerce upon the coafts, and in the ports, roads, 
 feas, and eftates of his faid Majefty (as was now faid) 
 which his faid Majefty's fubje&s lhall enjoy in thofe of 
 the faid States, and in open fea ; it being to be un- 
 derftood, that the equality fhall be mutual every way 
 on both fides, even in cafe the faid States Ihould here- 
 after be in peace, amity, and neutrality with any 
 Kings, Princes, and States, who fhould become ene- 
 mies to his faid Majefty ; fo that either of the parties 
 are mutually to ufe the fame conditions and reftric- 
 tions exprefied in the articles of this prefcnt treaty, 
 which regard trade and commerce. 
 
 XII. And the more to aflure the fubjefts of the 
 faid States, that no violence fhall be offered them by 
 the fhips of war belonging to his Majefty of Great 
 Britain, or his fubje&s, all the captains of the King's 
 fhips, and all his Majefty's fubje<5ts that fet out pri- 
 vate men of war, fhall be charged and enjoined not 
 to moleft or endamage them in any thing whatfoever, 
 upon pain of being punifhed and made anfwerable in 
 their perfons and goods for all cofts and damages, 
 until due reftitution and reparation be made. 
 
 XIII. And for this caufe the captains and capers 
 fhall from henceforth every one of them be obliged, 
 before they go out, to give good and fufficient fecu- 
 rity, before competent judges, in the fum of fifteen 
 hundred pounds fterling, or fifteen thoufand livres 
 tournois, that they will give full fatisfaftion for any 
 injuries or wrongs they may commit in their courfes at 
 lea, and for their captains and officers that fhall vio- 
 late this prcfent treaty, and the orders and proclama- 
 tions of his Majefty, which fhall be publifhed by vir- 
 tue
 
 1788.] WITH THE STATES GENERAL. 167 
 
 me and in conformity to the regulation therein made; 
 upon pain of forfeiting their faid commiffions and li- 
 cences : which fhall in like manner be pra&ifed by the 
 fubjects of the faid States General. 
 
 XIV. If it fhould happen that any of the faid French 
 captains fhould make prize of a vefTel laden with con- 
 traband goods, as hath been faid, the faid captains 
 may not open nor break up the chefts, mails, packs, 
 bags, cafk, or fell, or exchange, or otherwife alienate 
 them, until they have landed them in the prefence of 
 the judges or officers of the admiralty, and after an 
 inventory by them made of the faid goods found in 
 the faid vefTels j unlefs the contraband goods making 
 but a part of the lading, the mafter of the fhip fhould 
 be content to deliver the faid contraband goods unto 
 the faid captain, and to purfue his voyage : in which 
 cafe the faid mafter fhall by no means be hindered 
 from continuing his courfe and the defign of his 
 voyage. 
 
 XV. His Majefty being defirous that the fubjefts 
 of the faid States may be ufed, in all countries under 
 his obedience, as favourably as his own fubjects, will 
 give all neccffary orders, that judgments and decrees 
 upon prizes which lhall happen to be taken at fea, may 
 be given with all juflice and equity, by judges not 
 fufpeded nor concerned in the matter under debate : 
 and his Majefty will give precife and effectual orders, 
 that all decrees, judgments, and orders of juftice, al- 
 ready given and to be given, may be readily and duly 
 executed according to the tenor of them. 
 
 XVI. And when the ambaffadors of the faid States 
 General, or any other of their public minifters refid- 
 ing in his Majefty's court, fhall make complaint of 
 the judgments which fhall be given, his Majefty will 
 cauie a review to be made of the faid judgments iri 
 his council, to examine whether the order and precau- 
 tions contained in the prefent treaty have been fol- 
 lowed and obferved, and to provide for the fame ac- 
 
 M 4 cording
 
 i63 TREATIES [1578 
 
 cording to right and equity; which fliall be done 
 within the fpace of three months at the fartheft: ne- 
 verthelefs, neither before the firlt judgment, nor after 
 it, during the time cf the review, the goods and effec'ts 
 which are reclaimed may not be fold or unladen, 
 unlefs it be with the confent of die parties interefted, 
 to avoid the fpoiling of the faid commodities, if they 
 be perifhable. 
 
 XVII. When procefs fliall be moved in the firft or 
 fecond inftance between thofe that have taken the 
 prizes at fea, and the perfons interefted therein, and 
 the faid interefted perfons {hall come to obtain a fa- 
 vourable judgment or decree, the faid judgment or 
 decree fliall have its execution upon fecurity given, 
 notwithftanding the appeal of him that took the prize ; 
 but the fame fhall not hold on the contrary, where the 
 fentence goes againft the claimers. And that which is 
 faid in this prefent and in the precedent articles, for 
 the caufing of good and fpeedy juftice to be done 
 unto the fubjects of the United Provinces in the mat- 
 ter of prizes taken at fea by his Majefty's fubje&s, 
 lhall be underftood and practiced by the States General, 
 in regard of prizes taken by their fubjec"b from thofe 
 of his Majefty. 
 
 XVIII. But fmce the conveniences arid inconveni- 
 ences of things and agreements cannot be difcovered 
 but in procedure of time, and by obfervations drawn 
 from mutual experience, it is therefore agreed between 
 the faid King of Great Britain and the faid Lords the 
 States of the United Netherlands, that at any time 
 hereafter, when both parties fliall fo think it fitting, 
 certain commiflloners by each party refpectively chofen, 
 fliall meet by the common confent of both ; who fliall 
 make it their care and bufinefs to fupply whatever 
 fhall be found wanting in the aforementioned articles, 
 to change or limit whatever fhall not be convenient 
 and commodious for both, and fully compleat a further 
 treaty, both concerning tliefc things and all other' die 
 laws of navigation. 
 
 XIX. All
 
 WITH THE STATES GENERAL. 169 
 XIX. All thefe agreements, and all and every thing 
 therein contained, fhall be confirmed and ratified by 
 the faid King of Great Britain and the States Gene- 
 ral of the United Provinces, by letters patents of 
 both parties, fealed with their great feal in due and 
 authentic form, within four weeks next cnfuing, or 
 fooner if it may be, and mutual inftruments lhall be, 
 exchanged by each party within the time aforefaid. 
 
 Here follow certain forms, whereof mention is made in 
 the eighth article, 
 
 A Form of the Certificates that ought to be given ly 
 thofe that have the ordinary Fewer of the Admiralty 
 of England, to the Ships and Vejjeh that go out 
 thence, according to the Eighth Article of the prefent 
 Treaty. 
 
 high admiral of England, 
 to all who fhall fee thefe prefents, greeting. 
 
 Thefe are to certify, that we have granted leave and 
 permiflion to mafter and captain 
 
 of the Ihip called of ^ ci jy of 
 
 of the burthen of 
 
 tons, or thereabouts, being at prefent in the port and 
 haven of to go to l aden 
 
 Wld j , after fearch fhall have been 
 
 made of his fhip, and he before his departure fhall 
 have made oath before the officers that exercife the 
 jurifdiclion of maritime caufes, that the laid veffel 
 doth belong to one or more of his Majefty's fubjedh 
 aq aft whereof fhall be put at the bottom of thefe 
 prefents, as alfo to keep and caufe to be kept by thofe 
 aboard him, the orders and rules of the marine, and 
 lhall put into the regiftry a lift figned and certified, 
 containing the names and furnames, the nativity and 
 habitation of the men that are aboard him, and of all 
 that fhall embark themfelves, whom he may not take 
 on board without the knowledge and permiffion of the 
 marine officers ; and in every port or haven where lie 
 
 ihall
 
 , 7 o TREATIES [1578 
 
 Aall enter with his (hip, (hall (hew the officers and 
 marine judges this his prefent licence, and, having fi- 
 nifhed his voyage, fhall make faithful relation of what 
 hath been done and hath pafied during all the time of 
 his faid voyage, and lhall carry the flags, arms, and 
 colours of his Majefty throughout his whole voyage. 
 In witnefs whereof, we have figned thefe prefents, and 
 caufed the feal of our arms to be put thereunto, and 
 the fame to be counterfigned by our fecretary of the 
 marine, the day of 
 
 one thoufand fix hundred 
 
 Signed 
 
 And underneath, 
 
 By and fealed with the fcal of 
 
 the arms of the faid high admiral. 
 
 A Form of tbe AtJ containing the Oath to be taken by the 
 Mafter or Captain of tbe Ship. 
 
 WE of the admi- 
 
 ralty of do certify, that 
 
 mafter of the fhip named in the 
 pafTport above, hath taken the oath therein mentioned. 
 Given at the day of 
 
 pne thoufand fix hundred, &c , 
 
 In teftimony whereof we have hereunto fee our 
 * hands. 
 
 The Form of tbe Certificates that ought to be given by 
 the Burgomajiers of tbe Cities and Sea-ports of tbe 
 United Provinces, to tbe Ships and ye/els that go 
 from thence^ according to tbe Eighth Article above- 
 Jaid. 
 
 TO the moft Serene, moft Illuftrious, mod Mighty, 
 mod Noble, Honourable, and Prudent Lords, Empe- 
 rors, Kings, Commonwealths, Princes, Dukes, Comtes, 
 Barons, Lords, Burgomafters, Sheriffs, Counfellors, 
 Judges, Officers, Juftices, and Regents of ajl cities and 
 
 places,
 
 1788.] WITH THE STATES GENERAL. 179 
 
 places, as well ecclefiaftical as fecular, who lhall fee or 
 read thefe prefents. We burgomallers and governors 
 of the city of do certify, that 
 
 fliip-mafter, appearing before us, hath declared by 
 folemn oath, that the fhip called 
 containing about lafts, of which he 
 
 is at prefent the matter, belongeth to inhabitants of 
 the United Provinces, So help him God: and, as 
 we would willingly fee the faid ihip-mafter affifted 
 in his juft affairs, we do requeft you, and every of 
 you, where the abovefaid matter Jhall arrive with his 
 fhip and goods, that you will pleafe to receive him 
 courteoufly, and ufe him kindly, admitting him, upon 
 paying the ufual dues, tolls, and other cuftoms, to 
 enter into, remain in, and pafs from your ports, rivers, 
 and territories, and there to trade, deal, and nego- 
 tiate in any part or place, in fuch fort and manner 
 as he fhall defire. Which we fhall moft readily ac- 
 knowledge in the like occafion. In witnefs whereof 
 we have caufed the feal of our city to be thereunto 
 put. 
 
 In witnefs and confirmation of all and every part 
 whereof, we the commifiioners of his faid Ma- 
 jetty the King of Great Britain, and of the 
 faid Lords the States General, having fu/Ecient 
 power given us thereunto, have figned thefe tables, 
 and fealed them with our feals. At the Hague ij 
 Holland, the xyth of February in the year one 
 thoufand fix hundred fixty-eight, 
 
 De Gellitum, G. Hoolck, 
 
 E. d'Jfteren, V. Unckell, 
 
 John de Witt, Jan. Van IJfelmuden, 
 
 Van Crommon, L. <T. Van Siarckenborck, 
 
 [The
 
 yfi TREATIES [1578 
 
 [The following is printed from the copy publiflied by 
 authority in 1686.] 
 
 Articles of Peace between the moft Serene and Mighty 
 Prince, Charles the Second, by the Grace of God, 
 King of England, Scotland, France, and Ireland, 
 Defender of tbe Faith, &c. and tbe High and Mighty 
 Lcrds tbe States General of tbe United Nether- 
 lands} concluded at Weftminfter tbe -? Day of 
 February, 167*. 
 
 I. IT is concluded and agreed, that from this day 
 there fhall be a firm and inviolable peace, union, and 
 friendfhip betwixt his Majefty the King of Great Bri- 
 tain, and the High and Mighty Lords, the States 
 General of the United Provinces, and betwixt all their 
 fubjects, whether within Europe or without, in all 
 regions and places whatfoever. 
 
 ' II. That this good union betwixt the abovefaid 
 King and the faid States General may the fooner take 
 its effect, it is by them agreed and concluded, that 
 immediately upon the publication of this treaty of 
 peace, all actions of hoftility ftiall on both fides be 
 immediately forbid, and no commifiion, inftruction, 
 or order, privately or publicly, dire<5tly or indirectly, 
 be on either fide given or countenanced, for the infeft- 
 ing, attacking, fighting, or fpoiling of each other, their 
 dominions or fubjects; but, on the contrary, all peace- 
 able and amicable comportments enjoined to the fub- 
 jects of both nations. 
 
 III. But in refpect the diftances of places are fa 
 different, that the orders and commands of the refpec- 
 tive fovereigns cannot at the fame time reach all their 
 fubjects, it hath been thought fit to appoint thefe fol- 
 lowing limjts for the committing any acts of hoftility 
 or force upon each other; viz. that after the expiration 
 of twelve days next following the publication of this 
 treaty, no hoftility fhall be acted from the Sound- 
 ings to the Naz in Norway j nor after the term of fix 
 
 weeks
 
 1788,] WITH THE STATES GENERAL. ,173 
 
 weeks, betwixt the Soundings and Tangier; nor after 
 the term of ten weeks, betwixt the faid Tangier and 
 the Equator, neither in the Ocean, Mediterranean, or 
 elfewhere; nor after the term of eight months, in any 
 part of the world : and whatfoever actions of hoftility 
 and force fhall be committed after the expiration of 
 the aforefaid terms, upon colour of whatfoever former 
 commiflion, letters of mart, or the like, fhall be 
 deemed as illegal, and the actors obliged to make 
 reparation and fatisfaction, and punilhed as violators of 
 the public peace. 
 
 IV. That the aforefaid States General of the United 
 Provinces, in due acknowledgment on their part of the 
 King of Great Britain's right to have his Mag refpefted 
 in the feas hereafter mentioned, fhall and do declare 
 and agree, that whatever fhips or veflels belonging to 
 the laid United Provinces, whether veflels of war or 
 others, or whether fingle or in fleets, fhall meet in any 
 of the feas from Cape Finifterre to the middle point 
 of the land Van Staten in Norway, with any Ihips or 
 vefiels belonging to his Majefly of Great Britain, 
 whether thofe Ihips be fingle or in greater number, if 
 they carry his Majefty of Great Britain's flag or jack, 
 the aforefaid Dutch veflels "or fhips fhall ftrike their 
 flag and lower their top-fail, in the fame manner and 
 with as much refpect as hath 'at any time, or in any 
 place, been formerly practifed towards any fhips of his 
 Majefty of Great Britain or his predeceflbrs, by any 
 fhips of the States General or their predeceflbrs. 
 
 V. Whereas the colony of Surinam, and the articles 
 made upon the furrender thereof 1667, betwixt Wil- 
 liam Biam, then governor thereof for his Majefly of 
 Great Britain, and Abraham Quirini, commander for 
 the States General, have in the execution of them ad- 
 miniflered much occafion of 'dilpute, and contributed 
 much to the late mifunderftanding betwixt his Majefty 
 and the faid States General} to remove all grounds of 
 future miftakes,the faid States General do by thefe pre- 
 
 lents
 
 1 74 TREATIES [157* 
 
 fents agree and covenant with the faid King of Great 
 Britain, that not only the fore-named articles fhall be 
 executed without any manner of tergiverfation or equi- 
 vocation; but that likewife it lhall be free for his Ma- 
 jefty to depute one or more perfons thither, to fee the 
 condition of his fubjecls there, and to adjuft with them 
 a time for their departure ; and that it fhall be lawful 
 for his Majefty to fend one, two, or three ihips at one 
 time, and thereon to embark and carry away the faid 
 fubjects, their goods, and (laves; and that the then 
 governor there for the States General (hall not make 
 or execute any law, whereby the buying or felling of 
 land, paying of debts, or commutation of goods, 
 fhall be otherwife qualified to the Englifh, than it hath 
 or (hall be to all other inhabitants of the colony; but 
 that during their (lay they (hall enjoy the fame laws 
 and privileges of fuing for debts, and paying their 
 debts, making bargains and contracts, as hath been 
 ufually practifed amongft the other inhabitants; and 
 that whenfoever his Majefty of Great Britain fhall 
 defire of the States General fufficient and authentic 
 letters to the governor of the faid colony, to fuffer 
 the laid Englifh to depart, and permit the coming of 
 the faid (hips, the faid States General (hall, within 
 the fpace of fifteen days after fuch demand, deliver 
 unto whomfoerer deputed by his Majefty of Great 
 Britain for that purpofe, full and fufficient letters and 
 inftructions to their governor there, for permitting the 
 arrival of the fhips, as well as the embarking of fuch 
 of his Majefty's fubjects as fhall declare themfelvcs 
 willing to go away, with their goods and (laves, to be 
 tranfported where his Majefty (hall direct. 
 
 VI. It is agreed and concluded, that whatever 
 country, iftand, town, haven, caftle, or fortrefs, hath 
 been or fhall be taken by either, party from the other, 
 fince the beginning of the late unhappy war, whether 
 in Europe or elft where, and before the expiration of 
 the times above limited for hoftility, fhall be reftored 
 to the former owner in the fame condition it lhall be 
 
 in
 
 1788.] WITH THE STATES GENERAL. 175 
 
 in at the time of the publifhing this peace; after which 
 time there fhall be no plundering of the inhabitants, 
 or demolifhing of the fortifications, or carrying away 
 the artillery and ammunition belonging to any fort or 
 caftle at the time of its having been taken. 
 
 VII. That the treaty of Breda, made in the year 
 1667, as all other former treaties confirmed by the faid 
 treaty, be renewed, and remain in their full iforce and 
 vigour, fo far forth as they contradid nothing in this 
 prefent treaty. 
 
 VIII. That the marine treaty made at die Hague 
 between the two parties in the year 1668, be conti- 
 nued for nine months after the publication of this pre- 
 fent treaty, unlefs it fhall be otherwife agreed on by a 
 fubfequent treaty; and that in the mean time the con- 
 fideration of a new one be referred to the fame com- 
 rniffioners to whom the trade in the Eaft Indies is re- 
 ferred in the fubfequent article. 
 
 But if fuch commiffioners, within three months after 
 their firft meeting, fhall not agree upon a new marine 
 treaty, then that matter fhall alfo be referred to the 
 arbitration of the moft Serene Queen Regent of Spain, 
 in the fame manner as the regulation of the Eaft India 
 trade is referred to her Majefty in the faid article next 
 following. 
 
 IX. In refpeft that upon the mutual, free, and un- 
 difturbed enjoyment of trade and navigation, not only 
 the wealth, but the peace likewife of both nations is 
 moft highly concerned; there ought nothing to be fo 
 much the care of both parties as a juft regulation of 
 trade, and particularly in the Eaft Indies; and yet, in 
 refpect that the weightinefs of the matter requireth 
 much time to make firm and durable articles to the 
 content and fccurity of the fubjeft on both fides, and 
 on the other fide, the bleeding condition of moft part 
 of Europe, as well as of the two parties concerned, 
 earneftly demand a fpeedy conclufion of this treaty, the 
 King of Great Britain is pleafed to condefcend to the 
 S defires
 
 i 7 6 TREATIES [1578 
 
 defires of the States General, to have the confideration 
 of die fame referred to an equal number of commif- 
 fioners to be nominated by each party, the faid States 
 General engaging themfelves to fend thofe of their no- 
 mination to treat at London with thofe to be nominated 
 by his Majefty; and this within the fpace of three months 
 after the publication of this treaty; the number to be 
 nominated by each to confift or fix perfons: and in 
 cafe that after three months from the time of their firrt 
 affembling, they fhall not have the good fuccefs to 
 conclude a treaty, the points in difference betwixt 
 them lhall be referred to the arbitrament of the mod 
 Serene Queen Regent of Spain, who (hall nominate 
 eleven commiflioners; and whatfoever the major part 
 of them fhall determine, as to the remaining differ- 
 ences, fhall oblige both parties; provided Hill, that 
 they deliver their judgment within the fpace of fix 
 months from the day of their aflembling; which fhall 
 likewife be within the fpace of three months after tho 
 faid moft Serene Queen Regent of Spain hath accepted 
 of the being umpire. 
 
 X. That whereas the moft Serene Queen Regent of 
 Spain hath given affurance to his Majefty of Great 
 Britain, that the faid States General fhould, upon the 
 making of the peace, pay unto his faid Majefty the 
 King of Great Britain, the fum of 800,000 patacoons, 
 the faid States General do promife and covenant to 
 pay the faid 800,000 patacoons in this following man- 
 ner, viz* a fourth part as foon as the ratification of 
 this treaty fhall be mutually exhibited, and the reft the 
 three enfuing years, by equal portions. 
 
 XI. The aforefaid moft Serene King of Great 
 Britain, and the faid High and Mighty States General 
 of the United Provinces, fhall obferve fmcerely, and 
 bond fide, all and fmgular the matters agreed and con- 
 cluded in this prefent treaty, and caufe the fame to be 
 obferved by their fubjefts and inhabitants; nor fhall 
 they direftly or indirectly violate any of them, or foffcr 
 
 them
 
 1788.] WITH THE STATES GENERAL. 177 
 
 them to be violated by their fubjefts or inhabitants: 
 and they fhall ratify and confirm all and every thing 
 as before agreed, by letters patent fubfcribed with their 
 hands, and fealed with their great feals, conceived and 
 written in fufficient, valid, and effectual form; and 
 fhall deliver, or caufe the fame to be delivered reci- 
 procally, within four weeks after the date of thefe 
 prefents (or fooner if it may be) bond fide, really, and 
 with effedt. 
 
 XII. Laftly, as foon as the fa id ratifications fhall 
 have been duly and mutually exhibited and exchanged, 
 the peace fhall be proclaimed at the Hague within 
 four and twenty hours after the delivery and exchange 
 there made of the faid ratifications. 
 
 Done at Weftminfter the ^ day of February, 1 67^. 
 
 The following is printed from the copy publifhed by 
 authority in 1686.] 
 
 A 'Treaty Marine, between the moft Serene and Mighty 
 Prince, Charles the Second, by the Grace of God, 
 King of England, Scotland, France, and Ireland, 
 Defender of the Faith, &c. and the High and 
 Mighty Lords, the States General of the United Ne- 
 therlandsj to i>e obferved throughout all and every the 
 'Countries and Parts of the World, by Sea and Land. 
 Concluded at London the Firft Day of December, 
 1674, S. V. 
 
 I. THAT it fhall and may be lawful for all and 
 tvery the fubjefts of the moft Serene and Mighty 
 Prince, the, King of Great Britain aforefaid, with all 
 freedom and fafety to fail, trade, and exercife any man* 
 ner of traffic in all thofe kingdoms, countries, and 
 eftates-, which are, or at any time hereafter fhall be 
 in peace, amity, or neutrality with his faid Majefty; 
 
 VOL. I. N io
 
 J? S TREATIES [1578 
 
 fo ^that they (hall not be any ways hindered or mo- 
 lefted in their navigation or trade, by the military forces, 
 nor by the (hips of war, or any other kind of vefiels 
 whatsoever, belonging either to the High and Mighty 
 States General of the United Netherlands, or to their 
 fubjefts, upon occafion or pretence of any hoftility or 
 difference which now is, or fhall hereafter happen be- 
 tween the faid Lords the States General, and any 
 princes or people whatsoever in peace, amity, or neu- 
 trality with his laid Majefty : and likewife, that it fhall 
 and may be lawful for all and every the fubjefts of the 
 faid High and Mighty Lords the States General of 
 the United Netherlands, with all freedom and fafcty 
 to fail, trade, and cxercife any manner of traffic in 
 all thofc kingdoms, countries, and cflates, which are, 
 or at any time hereafter lhall be in peace, amity, or 
 neutrality with the aforefaid Lords the States ; fo that 
 they (hall not be any ways hindered or moleftcd in their 
 navigation or trade, by the military forces, nor by the 
 (hips of war, or any other kind of veflels whadbever, 
 belonging cither to the mod Serene and Mighty King 
 above mentioned, or to his fubjefts, upon occafion or 
 pretence of any hoftility or difference, which now is, 
 or fhall hercafcer happen between his faid Majefty and 
 any princes or people whatfoever, in peace, amity, or 
 neutrality with the laid Lords the States. 
 
 II. Nor (hall this freedom of navigation and com- 
 merce be infringed by occafion or caufe of any war, 
 in any kind of merchandizes, but fhall extend to all 
 commodities which (hall be carried in time of peace ; 
 thofe only excepted which follow in the next article, 
 and are comprehended under die name of Contraband. 
 
 III. Under this name of Contraband or prohibited 
 merchandizes lhall be comprehended only arms, pieces 
 of ordnance, with all implements belonging to them, 
 fire-balls, powder, match, bullets, pikes, fwords, lances, 
 fpears, halberds, guns, mortar- pieces, petards, grana- 
 
 docs,
 
 1738.] WITH THE STATES GENERAL. 179 
 
 does, mufquet-refts, bandeliers, falt-petre, mufquets, 
 mufquet-fliot, helmets, corflets, breaft-plates, coats of 
 mail, and the like kind of armature, foldiers, horfes, 
 and all things necefiary for the furniture of horfes, hoi- 
 fters, belts, and all other warlike inftruments what- 
 foever. 
 
 IV. Thefe merchandizes following fhall not be rec- 
 koned among prohibited goods, viz. all kind of cloth; 
 and all other manufactures woven of any kind of wool* 
 flax, filk, cotton, or any other material; all forts of 
 clothing and veftments, together with the materials 
 whereof they ufe to be made; gold and filver, as well 
 coined as not coined; tin, iron, lead, copper, and 
 coals; as alfo wheat, barley, and all other kind of corn 
 or pulfe ; tobacco, and all kind of fpices, faked and 
 fmoked fleih, Hiked and dried fifh, butter and cheefe, 
 beer, oils, wines, fugars, and all fort of fait; and in 
 general, all provifion which ferves for the nourifhment 
 and fuftenance of life ; likewife all kind of cotton, 
 hemp, flax, and pitch; and ropes, fails, and anchors; 
 alio mails and planks, boards and beams of what fort 
 of wood foever, and all other materials requifite for 
 the building or repairing Ihips, but they fhall be wholly 
 reputed amongft free goods, even as all other wares 
 and commodities which are not comprehended in the 
 next precedent article; fo that the fame may be freely 
 transported and carried by the fubjcfts of his faid 
 Majefty, even unto places in enmity with the faid 
 States, as alfo on the other fide, by the fubjecls of 
 the faid States, to places under the obedience of the 
 enemies of his faid Majefty; except only towns or 
 places befieged, environed, or inverted, in French, 
 Blocquees ou invefties. 
 
 . m V. And that all manner of differences and conten- 
 tions on both fides, by fea and land, may from hence- 
 forth ceafe and be utterly extinguifhed, it is agreed, 
 that all kind of {hips and vefTels whatfoever, belong- 
 ing to the fubjefts of his faid Majefty, entering or 
 N 2 being
 
 !8o TREATIES [1578 
 
 being entered into any road or port under the obedience 
 of die Lords die States, 'and purpofing to pals from 
 thence, fhall be only obliged to fhew unto the officers 
 acting in the ports of the faid States, or to the captains 
 of the States ihips, or of private men of war (if any 
 happen there to be) their paflport, commonly called 
 a fea-brief (the form whereof is added at the end of 
 thefe articles) nor (hall any money, or any thing elfe 
 Be exacted from them under that pretence; but if any 
 /hip belonging to the fubjcfh of his Majefty of Great 
 Britain fliall, in the open fea, or elfewhere, out of 
 the dominions of the faid States, meet the (hips of 
 war of the faid Lords the States, or private men of 
 war of their fubjects, the faid fhips of the Lords the 
 States, or of their fubject% fhall keep at a conveni- 
 ent diltance, and only lend out their boar, and it fhall 
 be lawful for them only with two or three men, to go 
 on board the fhips and vefTds of the fubjects of his 
 Majefty, that the paflport (or fea-brief) of the pro- 
 priety thereof, according to the form hereafter fpecified, 
 may be fhewn to them by the captain or mafter of 
 fuch fhip or veflel belonging to the fubjects of his Ma- 
 jefty j and the fhip which fhall fhew the fame fhall 
 freely pafs,. and it fhall not be lawful to moleft, fearch, 
 detain, or divert the fame from her intended voyage : 
 and all the fubjects of the Lords the States fhall enjoy 
 in all things the fame liberty and immunity, they in 
 like manner fhewing their paflport (or fea-brief) made 
 according to the form prclcribed at the latter end of 
 this treaty. 
 
 VI. But if any fhip or veflel belonging to the 
 Englilh, or other fubjects of his Majefty, fhall be met 
 making into any port in enmity with the Lords the. 
 States; or on the other fide, if any fhip belonging to 
 the United Provinces of the Netherlands, or other 
 fubjects of the Lords the States, fhall be met in her 
 way making into any port under the ooedience of the 
 enemies of his faid Majefty, fuch fhip fhall fhew, not 
 only a paflport (or fea-brief) according to the form' 
 3 hereunder
 
 1788.] WITH THE STATES GENERAL, igi 
 
 hereunder prefcribed, wherewith fhe is to be furnifhedj 
 but alfo her cocquets, exprefiing the contents of the 
 goods on board, given in. the ufual form, by the offi- 
 cers of the cuftoms in the port from whence Ihe came, 
 whereby it may be known whether fhe is laden with 
 any merchandizes prohibited by the third article of this 
 treaty. 
 
 VII. But if by the (hewing the abovefaid cocquets 
 expreffing the contents of the goods on board, given 
 in the ufual form by the officers of the cuftoms in the 
 port from whence ihe came (concerning the fheving 
 whereof it is above agreed) either party Ihall difcover 
 any kind of merchandizes which in the third article of 
 this treaty are declared to be contraband or prohibited, 
 configned to any port under the obedience of their 
 enemies, it Ihall not be lawful to open the hatches of 
 fuch fhip in which the fame fhall happen to be found, 
 whether fhe belongs to the fubjefts of his Majefty, or 
 of the Lords the States, nor to unlock or break open 
 the chefts, mails, packs, or caiks in the fame, nor to 
 convey away any the lead part of the merchandizes, 
 before the whole be firft landed in the prefence of the 
 officers of the admiralty, and inventoried; neither 
 fhall it be any ways lawful to fell, exchange, or other- 
 wife to alienate the fame, until fuch prohibited goods 
 are rightly and lawfully proceeded againft, and that the 
 judges of the admiralty have by their refpective fen- 
 tences confifcated the fame : provided always, that as 
 well the fhip itfelf, as the reft of the commodities 
 found in the fame, which by this treaty are to be re- 
 puted free, fhall not, upon pretence of their being in- 
 fected by fuch prohibited goods, be detained, much 
 lefs confifcated for lawful prize ; but if not the whole, 
 but a part only of the lading confifts of contraband or 
 prohibited commodities, and that the mafter of the fhip 
 fhall be willing and ready to deliver them to the captor 
 who feized the fame, in that cafe the captor fhall not 
 compel the fhip to go out of her, courfe, to any port 
 he thinks fit, fcut fhail forthwith difmifs her, and upon 
 N no
 
 x*2 TREATIES [1578 
 
 no account hinder her from freely profecuting her de- 
 figned voyage. 
 
 VIII. It is further agreed, that whatfoever ihall be 
 found laden by his Majefty's fubjects, upon any fhip 
 whatfoever belonging to the enemies of the Lord: the 
 States, although the fame be not of the quality of con- 
 traband goods, may be confifcated; but on the con- 
 trary, all that which (hall be found in the fhips belong- 
 ing to the fubjefb of his Majefty fhall be accounted 
 clear and free, although the whole lading, or any part 
 thereof, by juft title of propriety, Ihall belong to the 
 enemies ^of the Lords the States; except always con- 
 traband goods, which being intercepted, all things 
 fhall be done according to the meaning and direction 
 of the precedent articles; and by the fame reafon, 
 whatfoever fhall be laden by the fubje&s of the Lords 
 the States, in any fhip whatfoever belonging to the 
 enemies of his Majefty, although the fame be not of 
 the quality of contraband goods, may be confifcated; 
 but on the other fide, all that which fhall be found in 
 the fhips belonging to the fubjects of the Lords the 
 States, fhall be accounted clear and free, although the 
 whole lading, or any part thereof, by juft title of 
 propriety, fhall belong to the enemies of his Majefty; 
 except always contraband goods, which being inter- 
 cepted, all things fhall be done according to the mean- 
 ing and direction of the precedent articles. And left 
 any damage fhould by furprize- be done to the one 
 party who is in peace, when the other party fhall hap- 
 pen to be engaged in war, it is provided and agreed, 
 that a fhip belonging to the enemies of the one parry, 
 and laden with goods of the fubjects of the other party, 
 fhall not infect or render the faid goods liable to con- 
 fifcation, in cafe they were laden before the expiration 
 of the terms and times hereafter mentioned, after the 
 declaration or publication of any fuch war; viz. if die 
 goods were laden in any port or place between the 
 places or limits called the Soundings, and the Naz in 
 Norway, within the fpace of fix weeks after fuch de- v 
 
 darationj
 
 1-788.] WITH THE STATES GENERAL. 183 
 
 claration; of two months, between the filid place the 
 Soundings, and the city of Tangier ; and of ten weeks, 
 in the Mediterranean Sea; or within the fpace of 
 eight months in any other country or place of the 
 world j fo that it fhall not be lawful to confifcate the 
 goods of the fubjects of his Majefty, taken or feized in 
 any fhip or veflel whatfoever of any enemy of the Lords 
 the States, upon that pretence, but the fame lhall be 
 without delay reflored to the proprietors, unlefs they 
 were laden after the expiration of the laid terms of 
 time refpectively ; but ib that it may not be lawful 
 for them afterwards to carry to enemies ports the 
 faid merchandizes which are called contraband, and 
 for the reafon afore faid fhall not be liable to confifca- 
 tion; neither, on the other fide, fhall it be lawful to 
 confifcate the goods of the fubjects of the Lords die 
 States, taken or feized in any fhip or veffel whatfoever 
 of an enemy of his Majefly, upon that pretence j but 
 the fame fhall be forthwith reftored to the proprietors 
 thereof, unlefs they were laden after the expiration of 
 the faid terms of time refpectively; but fo, that it may 
 not be lawful for them afterwards to carry to enemies 
 ports the faid merchandizes which are called contra- 
 band, and for the reafon aforefaid lhall not be liable to 
 confifcation. 
 
 IX. And the more to afllire the fubjects of his Ma- 
 jefly and of the faid States, that no injury fhall be of- 
 fered to them by the fhips of war or private men of 
 war of either fide, all the captains of the fhips, as 
 well of his Majeily as of the faid States, and all their 
 fubjects who fhall fet out private men of war, and 
 likewife their privileged companies, fhall be enjoined 
 not to do any injury or damage whatfoever to the other j 
 which if they do, they fhall be punifhed, and more- 
 over be liable to fatisfy all cofls and damages, by re- 
 ftitution and reparation, upon pain and obligation of 
 perfon and goods. 
 
 N 4 X. For
 
 i84 TREATIES [1578; 
 
 X. For this caufe, all the commanders of private 
 men of war lhall from henceforth be obliged, before 
 they receive their cornmifiions, to enter, before a com- 
 petent judge, good and fufficient fecurity, by able and 
 refponfible men, who have no part or intereft in fuch 
 /hip, in the fum of fifteen hundred pounds fterling, or 
 fixteen thoufand five hundred gilders; and when they 
 have above one hundred and fifty men, then in the fum 
 of three thoufand pounds fterling, or three and thirty 
 thoufand gilders, that they will give full fatisfaction 
 for any damages or injuries whacfoever, which they 
 or their officers, or others in their fervice, lhall com- 
 mit in their courfes at fea, contrary to this prefent 
 treaty, or any other whatfoever, between his Majefty 
 and the faid States, and upon pain of revocation and 
 annulling their faid commiflions, in which it (hall be 
 always inferted, that they have given fuch fecurity as 
 abovefaid; and likewife it is agreed, that the fhip itfdf 
 lhall be alfo liable to make fatisfaftion for injuries and 
 damages done by her. 
 
 XI. His Majefty and the faid States, being defirous 
 that the fubjefh of each other may be mutually treated, 
 in all countries under their obedience refpeftively, witK 
 the like kindnefs as their own fubje&s, will give all 
 necefiary and effectual orders, the judgments upon 
 prizes taken be given according to the rule of juftice 
 and equity, by judges beyond all fufpicion, and not 
 any way concerned in the caufc under debate ; and his 
 Majefty and the faid States will likewife give ftrid 
 orders that all fentences already given, and which fhall 
 be hereafter given, be (according to the tenor thereof) 
 duly put in execution, and obtain their effect. 
 
 XII. And whenfoever the ambafladors of the faid 
 Lords the States, or any other their public minifters 
 refident at the court of his moft Serene Majefty of 
 Great Britain, fhall complain of the unjuftnefs of fen- 
 tences which have been given, his Majefty will caufe 
 the fame to be reviewed and examined in his council, 
 
 that
 
 1788.] WITH THE STATES GENERAL. 185 
 
 that it may appear whether the orders and precautions 
 prefcribed in this treaty have been obferved, and have 
 had their due effecl, and will alfo take care that the 
 fame be fully provided for, and that right be done to 
 the party complaining, within the fpace of three 
 months j and likewife, when the ambaffadors or other 
 public minifters of his Majefty, refident with the 
 States General, {hall complain of the unjuftnefs of fen- 
 tences, the faid States will caufe a review and exami- 
 nation thereof to be made in the affembly of the States 
 General, that it may appear whether the orders and 
 precautions prefcribed in this treaty have been ob- 
 ferved, and have had their due effect., and they will 
 likewife take care that the fame be fully provided for, 
 and that right be done to the party complaining within 
 the fpace of three months: nevertheless, it Ihall not 
 any ways be lawful to fell or unlade the goods in con- 
 troverfy, either before the fentence given, or after it a 
 during the review thereof on either fide, unlefs it be 
 with the confent of the parties interefled. 
 
 XIII. A fuit being commenced between the takers 
 of prizes on the one part, and the claimers thereof on 
 the other, and a fentence or decree being given for the- 
 party reclaiming, the faid fentence or decree (upon 
 fecurity given) fhall be put in execution, notwithftand- 
 ing the appeal made by him that took the prize, which 
 fhall not be obferved, in cafe the fentence Ihall be given 
 againft the claimers. 
 
 XIV. And whereas the matters of merchants fhips, 
 and likewife the mariners and paffengers, do fome- 
 time fuffer many cruelties and barbarous ufages, when 
 they are brought under the power of fhips which take 
 prizes in time of war., the takers in an inhuman manner 
 tormenting them, thereby to extort from them fuch 
 confeffions as they would have to be made; it is agreed, 
 that both his Majefty, and the Lords the States General, 
 fhall, by the fevereft proclamations or placarts, forbid 
 all fuch heinous and inhuman offences, and as many as 
 
 they
 
 rt6 TREATIES [i 57 S 
 
 they fhall by lawful proofs find guilty of fuch acts, they 
 fhall take care that they be punilhed with due and juft 
 punifliments, and which may be a terror to others; 
 and lhall command that all the captains and officers 
 of fhips, who fhall be proved to have committed fuch 
 heinous practices, either themfelves, or by inftigating 
 others to aft the fame, or by conniving while they 
 were done, fhall (befides other punifhments to be 
 inflicted proportionably to their offences) be forthwith 
 deprived of their offices refpectively; and every fhip 
 brought up as prize, whofe mariners or pafiengers lhall 
 have fuffered any torture, fhall forthwith be difmifled 
 and freed, with all her lading, from all further exami- 
 nation and proceedings againft her, as well judicial as 
 otherwife. 
 
 XV. It is alfo agreed, that the like feverity of pu- 
 nifliments fhall be inflicted upon thole who, comr.uy 
 to the meaning of the one and twentieth article of the 
 treaty of peace concluded at Breda, fhall take com- 
 millions from enemies, to feize the fhips of either ally 
 (or party) contrary to what is provided in the faid 
 article. 
 
 XVI. Laftly, it is agreed and concluded, that this 
 prefent treaty, and all and fingular the tilings therein 
 contained, fhall be with all convenient fpecd on b"rh 
 fides ratified and confirmed, and that the ratifications 
 thereof lhall be, within two months from the date 
 hereof, rightly and reciprocally exchanged between 
 both parties ; and alfo that the laid treaty fhall, within 
 one month after fuch exchanging of the ratifications, 
 be delivered in due and authentic form to the gover- 
 nors of the Englifh Eaft India and Africa companies, 
 and to the dire6tors of the Dutch Eaft and Weft India 
 companies, and fhall with the firft conveniency be alfo 
 fent by his faid Majefty, and by the faid Lords the 
 States, to their refpedive governors and commanders 
 in chief of their colonies and plantations in every part 
 of the world out of Europe, to the end that it may 
 
 b
 
 i 7 S8.] WITH THE STATES' GENERAL. 1*87 
 
 be by them, and all others within their dominions and 
 under their power, punctually obferved and fulfilled. 
 
 ?he Form of the PaJJport (or Sea-brief) to be afked 
 of t and given by the Lord High Admiral y or by thefe 
 to 'whom the Exercife of Admiralty Jurifdittion is 
 ordinarily committed, or by the Mayor or other chief 
 Magi/Irate? or by the Commijjioners or other princi- 
 pal Officers of the Cuftoms in their refpettive Ports 
 and Places within his Majefty's Dominions, to the 
 Ships and Veffels jailing out theme, according to the 
 Purport of the Fifth Article. 
 
 T O all unto whom thefe prefents fhall come, greet- 
 ing. We Lord High Admiral 
 of We Lords Commif- 
 lioners executing the office of the Lord High Admi- 
 ral of or We Judge of 
 the High Court of the Admiralty of 
 or We the Mayor, or other Ma- 
 giftrate of or We Com- 
 mifiioners, or principal Officers of the Cuftoms in the 
 city or port of do teftify and make 
 known, that mafter or commander of 
 the fhip called the hath appeared be- 
 fore us, and hath declared by folemn oath, that the 
 faid fhip or vefTel, containing about 
 tons, of which he is at prefent mafter or commander, 
 doth belong to the inhabitants of 
 within the dominions of the moft Serene and Mighty- 
 Prince, the King of England, Scotland, France, and 
 Ireland, Defender of the Faith, &c. So help him 
 God. And in regard it would be moft acceptable to 
 us, that the faid mafter or commander be aflifted in 
 his juft and lawful affairs, we do requeft you, and 
 every of you, wherefoever the faid mafter or com- 
 mander fhall arrive with his fhip, and the goods laden 
 on board and carried in her, that you would pleafe to 
 receive him courteoufly, and ufe him kindly, and ad- 
 mit him, upon paying the lawful and ul'ual cuftoms 
 
 and 
 1
 
 xSS TREATIES [1578 
 
 and other duties, to enter into, remain in, and pafs 
 from your ports, rivers, and dominions, and there to 
 enjoy all kind of right of navigation, traffic, and com- 
 merce, in all places where he {hall think fit ; which 
 we (hall mod willingly and readily acknowledge upon 
 all occafions. In teftimony and confirmation whereof, 
 we have with our hand figncd thefe prefents, and 
 caufed them to be fealed with our feal. Dated at 
 
 in the day of 
 
 in the year of our Lord 
 
 <tt>e Form of the Pajpcrt (or Sea-brief) to be a/kedcf, 
 and given by the Burgermafters of the Cities and 
 Ports of the United Netherlands, to the Ships cr 
 Vefels failing from thence, according to the. Purport 
 of the Fifth Article. 
 
 TO the mod Serene, mod Illuftrious, moft Migh- 
 ty, moft Noble, moil Honourable, and moll Prudent 
 Emperors, Kings, Governors of Common wealths a 
 Princes, Dukes, Earls, Barons, Lords, Burgermafters, 
 Schepens, Counfellors, Judges, Officers, Jullices, and 
 Rulers of all cities and places, as well ccclcfiaftical 
 as fecular, to whom thele prefents fliall be (hewn , \\ c 
 the burgermafters and rulers of the city of 
 do certify, that mailer or fkippcr of the 
 
 (hip appeared before us, and declared by 
 
 folemn oath, that the faid (hip, called the 
 containing about lafts, of which he is at 
 
 prefent mailer or (kipper, belongeth to the inhabitants 
 of the United Netherlands. So help him God. And 
 in regard it would be moft acceptable to us, that die 
 faid matter or (kipper be aflifted in his juft and law- 
 ful affairs, we do requeft you and every of you, where- 
 foever the faid mafter or (kipper (hall arrive with his 
 (hip, and the goods laden on board and carried in 
 her, that you would pleafe to receive him courteoufly, 
 and ufe him kindly, and admit him, upon paying die 
 lawful and ufual cuftoms and other duties, M enter 
 into, remain in, and pafs from your ports,, rivers, iud 
 
 dominions^
 
 1788.] WITH -THE STATES GENERAL. 189 
 
 dominions, and there to enjoy all kind of right of na- 
 vigation, traffic, and commerce, in all places where 
 he ihall think fit ; which we fhall moft willingly and 
 readily acknowledge upon all occafions. In teftimony 
 and confirmation whereof, we have caufed the feal of 
 our city to be hereunto put. Dated at 
 in the day of 
 
 in the year of our Lord 
 
 In teftimony and confirmation of* all and fingular 
 the premifes, we the commifiioners of his Ma- 
 jefty and the Lords the States General aforefaid, 
 being fufficiently impowered thereunto, have to 
 thefe prefents fubfcribed our names, and fealed 
 them with our feals, at London, the firft day of 
 December, 1674. 
 
 Tbo. Culpeper J. Corner 
 
 G. Downing G. Sautyn 
 
 ^ Richard Ford Samuel Beyer 
 
 Will fhomfin And. Van Voffen 
 
 John Jollife P. Duvelaer 
 
 John Buckworth M. Michielzen. 
 
 [The following is printed from the copy publiflied by- 
 authority in 1686.] 
 
 Explanatory Declaration upon certain Articles of the 
 Marine 'Treaties^ concluded between his Majefty and 
 the States General of the. United Provinces t Fe- 
 bruary 17, 166-^-, and December i, 1674. 
 
 WHEREAS fome difficulty hath arifen concern- 
 ing the interpretation of certain articles, as well in 
 the treaty marine which was concluded the firft day 
 of December, 1674, as in that which was concluded 
 the 1 7th of February, 166^, between his iMajcfty of 
 Great Britain on the one part, and the States Gene- 
 ral of the United Provinces of the Lovf Countries on 
 
 the
 
 j 9 o TREATIES [1578 
 
 the other, relating to the liberty of their refpeftive 
 fubjects to trade unto the ports of each other's ene- 
 mies; We Sir William Temple, Baronet, Ambaflador 
 Extraordinary from his faid Majefty of Great Bri- 
 tain, in the name and on the part of his faid Ma- 
 jefty ; and We William Van Heuckelom, Daniel Van 
 Wyngaerden, Lord of Werckendam, Gafpar Fagel, 
 Counfellor and Penfioner of Holland and Weft Fricf- 
 land, John de Mauregnault, John Baron of R cede 
 and Renfwoude, William de Haren, Grctman of the 
 Bilt, Henry Tcr Borgh, and Luke Alting, Deputies 
 in die Affcmbly of the faid States General for the 
 States of Guelderland, Holland, Zealand, Utrecht, 
 Friefland, OverifTcll, Groningen, and the Omlands, in 
 the name and on the part of the faid States Gene- 
 ral, have declared, as we do by thefe prefcnts declare, 
 that the true meaning and intention of the faid arti- 
 cles is and ought to be, that fhips and veflcls be- 
 longing to the fubjefts of either of the parties, can 
 and might, from the time that the faid articles were 
 concluded, not only pafs, traffic, and trade from a 
 neutral port or place to a place in enmity with the 
 other party, or from a place in enmity to a neutral 
 place, but alfo from a port or place in enmity, to a 
 port or place in enmity with the other party, whether 
 the faid places belong to one and the fame Prince or 
 State, or to feveral Princes or States, with whom the 
 other party is in war. And we declare, that this is 
 the true and genuine fenfe and meaning of the faid ar- 
 ticles j purfuant whereunto we underftand that the 
 faid articles are to be obferved and executed on all oc- 
 cafions, on the part of his faid Majefty and the faid 
 States General, and their refpe&ive fu'bjefts j yet fo, 
 that this declaration (hall not be alledged by either 
 party for matters which happened before the conclu- 
 fion of the late peace in the month of February, 167^. 
 And we do pro.nife, that the faid declaration fhall be 
 ratified by his faid Majefty, and by the faid States Ge- 
 nera^ and that within two months, or fooner if pofli- 
 
 ble.
 
 1788.] WITH THE STATES GENERAL. 191 
 
 ble, reckoning from the day and date of this declara- 
 tion, the ratifications of the fame fhall be brought hi- 
 ther to the Hague, to be here exchanged. In witnefs 
 whereof we have figned thefe prefents at the Hague, 
 this joth day of December, 1675. 
 
 (L. S.) W. Temple. (L. S.) W. Van Heuckelom. 
 (L. S.) D. Van Wyngaerden. 
 (L. S.) Gafp, Page!. 
 (L. S.) Jo. Mauregnauh. 
 (L. S.) John Baron van Reede 
 
 vry Heer van Renfwouds. 
 (L. S.) W. Haren. 
 (L. S.) H. ?er. Borgb 
 (L. S.) L. 
 
 .[The following is printed from the cdpy publiflied by 
 authority in 1784.] 
 
 The Definitive Treaty of Peace and Friendship between 
 bis Majejly the King of Great Britain, and their 
 High Mightiness the States General of the United 
 Provinces of the Low Countries. 
 
 In the name of the moft holy and undivided Trinity, 
 Father, Son, and Holy Ghoft. So be it. 
 
 B E it known to all thofe whom k fhall or may in 
 any manner concern. The moft Serene and moft 
 Potent Prince and Lord George the Third, by the 
 grace of God, King of Great Britain, France, and 
 Ireland, Duke of Brunfwic and Lunenbourg, Arch- 
 Treafurer and Eleftor of the holy Roman Empire, &c. 
 and the High and Mighty Lords the States General of 
 the United Provinces of the Low Countries, havino- 
 laid the foundation of peace by the preliminary arti- 
 cles figned at Paris the fecond of September laft; and 
 his faid Majefty and the faid States General being de- 
 firous to complete fo great and faiutary a work, have 
 
 4 named
 
 , 9 2 TREATIES [1578 
 
 named and authorifed, to wit, on the part of his Bri- 
 tannic Majefty, Daniel Hailes, Efq ; his laid Majef- 
 ty's Minifter Plenipotentiary to his molt Chriftian 
 Majefty j and on the part of their High Mightir 
 the faid States General, the moft Noble and moft Ex- 
 cellent Lords Mathcw Leftevenon, Lord of Berken- 
 roode and Stryen, Deputy to the States General of 
 the United Provinces of the Low Countries from the 
 province of Hofland, and their Ambaflador in Ordi- 
 nary to his Majefty the moft Chriftian King, and 
 Gerard Brantfen, Kurgomafter and Senator of the 
 city of Arnheim, Counfellor and Grand Mailer of 
 the Mint of the Republic, Deputy to the States Gene- 
 ral of the United Provinces, and their Ambaflador 
 Extraordinary and Plenipotentiary to his moft Chrif- 
 tian Majefty : who, after having duly communicated 
 to each other their full powers in good form, have 
 agreed upon the following articles. 
 
 I. There fhall be a chriftian, univerfal, and perpe- 
 tual peace, as well by fea as by land, and a lincere 
 and conftant fiiendfliip (hall be re-eftabliflied, between 
 his Britannic Majefty, his heirs and fucccfiors, king- 
 doms, dominions, and fubjects, and their High Migh- 
 tinefies the faid States General, and their dominions 
 and fubjects, of what quality or condition foevcr they 
 be, without exception either of places or perfons ; fo that 
 the high contracting parties (hall give the greateil atten- 
 tion to the maintaining between themfelves, and their 
 (aid dominions and fubjects, this reciprocal friendfhip 
 and intercourfe, without permitting hereafter, on either 
 part, any kind of hostilities to be committed, either 
 by fea or by land, for any caufe or under any pretence 
 uhatfcevcr: and they fhall carefully avoid, for the 
 future, every thing which might prejudice the union 
 happily re-eftablifhed, endeavouring on the contrary, 
 to procure reciprocally for each other, on every oc- 
 cafion, whatever may contribute to their mutual glory, 
 incerefts, and advantage, without giving any afliftance 
 cr protection, directly 'or indirectly, to thofe who would 
 
 do
 
 1788.] WITH THE STATES GENERAL. 193 
 
 do any injury to either of the high contracting par- 
 ties. There ihall be a general oblivion of every thing 
 which may have been done or committed, before or 
 fuice the commencement of the war which is juft 
 ended. 
 
 II. With refpecl: to the honours of the flag, and the 
 falute at fea, by the ihips of the Republic towards 
 thofe of his Britannic Majefty, the fame cuftom fhall 
 be refpedively followed, as was pradifed before the 
 commencement of the war which is juft concluded. 
 
 III. All the prifoners taken on either fide, as well 
 by land as by fea, and the hoftages carried away or 
 given during the war, and who have not yet been re- 
 ftored, conformably to the preliminary treaty, Ihall be 
 reftored as foon as pofiible, without ranfom; each 
 Power refpectively difcharging the advances which 
 Ihall have been made, for the fubfiftence and mainte- 
 nance of their prifoners, by the Sovereign of the coun- 
 try where they fhall have been detained, according to 
 the receipts, attefted accounts, and other authentic 
 vouchers, which ihall be furnifhed on each fide : and 
 fureties fhall be reciprocally given for the payment of 
 the debts which the prifoners may have contracted in 
 the countries where they may have been detained un- 
 til their entire releafe. And all fhips, as well men of 
 war as merchant-fhips, which may have been taken 
 fince the expiration of the terms agreed upon for the 
 cefTation of hoftilities by fea, fhall likewife be reftored, 
 bond fide, with all their crews and cargoes : and the 
 execution of this article Ihall be proceeded upon im- 
 mediately after the exchange of the ratifications of this 
 treaty. 
 
 IV. The States General of the United Provinces 
 cede and guaranty, in full rightj to his Britannic Ma- 
 jefty, the town of Negapatnam, with the dependen- 
 cies thereof; but in confideration of the importance 
 which the States General of the United Provinces an- 
 nex to the pofTeflion of the aforefaid town, the King 
 
 VOL. I. O
 
 194 TREATIES [1578 
 
 of Great Britain, as a proof of his good-will towards 
 the faid States, promifes, notwitliftanding this cefiion, 
 to receive and treat with them for the reftitution of the 
 faid town, in cafe the Lords the States Ihould hereaf- 
 ter have an equivalent to offer him. 
 
 V. The King of Great Britain (hall reflorc to the 
 States General of the United Provinces, Trinqucmale, 
 as alfo all the other towns, forts, harbours, and fettle - 
 ments, which, in the courfe of the war, have been 
 conquered, in any part of the world whatever, by the 
 arms of his Britannic Majefly, or by thofe of the Eng- 
 lifh Eaft India Company, and of which he fhould be 
 in pofleflion; the whole in die condition in which they 
 fhall be Lund. 
 
 VI. The States General of the United Provinces 
 promife and engage not to obftruct the navigation of 
 the Britifh fubjects in the Eaftcrn feas. 
 
 VII. Whereas differences have arifen between the 
 Englifh African Company, and the Dutch Weft India 
 Company, relative to the navigation on the coafts of 
 Africa, as alfo on the fubjeft of Cape Apollonia ; for 
 preventing all caufe of complaint between the fubje&s 
 of the two nations on thofe coafts, it is agreed that 
 commiflaries fhall be named, on each fide, to make 
 fuitable arrangements on thefe points. 
 
 VIII. All the countries and territories which may 
 have been, or which may be conquered, in any part 
 ot the world whatfoevcr, by the arms of his Britannic 
 Majefty, as well as by thofe of the States General, 
 which are not included in the prefent treaty, neither 
 under the head of Ceflions, nor under the head of Ref- 
 titmions, fhall be reftored without difficulty, and with- 
 out requiring any compenfation. 
 
 IX. Whereas by the ninth article of the preliminary 
 treaty, a period was ftipulated and appointed, by the 
 high contracting parties, for the reftitutions and eva- 
 cuations to be made, on each fide, of die towns, for- 
 
 5 trcffcs,
 
 1788.] WITH THE STATES GENERAL. 195 
 
 trefies, and territories which might have been con- 
 quered by their relpective arms, and of which they 
 fhould be in pofieflion, excepting fuch as had been 
 ceded ; and whereas the term fpecified in the aforefaid 
 ninth article is already expired, the high contracting 
 parties engage reciprocally and bond fide, to obferve 
 the faid ftipulations, and in cafe, by any accident or 
 otherwife, the ceflions and reftitutions therein com- 
 prifed fhould not have taken place, to expedite im- 
 mediately the necefiary orders, to the end that there 
 may be no further delay in die accomplilhment of 
 the faid ftipulations. 
 
 X. His Britannic Majefty and their High Mighti- 
 nefles the aforefaid States General, promife to obferve 
 fmcerely, and bond fide, all the articles contained and 
 eftablifhed in this prefent treaty; and they will not 
 fuffer the fame to be infringed, directly or indirectly, 
 by their refpective fubjects : and the faid high con- 
 tracting parties guaranty to each other, generally and 
 reciprocally, all the ftipulations of the prefent articles. 
 
 XI. The folemn ratifications of the prefent treaty, 
 prepared in good and due form, fhall be exchanged 
 in this city of Paris, between the high contracting 
 parties, in the fpace of one month, or fooner, if it 
 can be done, to be computed from the day of the 
 fignature of the prefent treaty. 
 
 In witnefs whereof, we the under-written, their 
 ambafiadors and minifters plenipotentiary, have figned 
 with our hands, in their names, and by virtue of our 
 full powers, the prefent definitive treaty, and have 
 caufed the feals of our arms to be affixed thereto. 
 
 Done at Paris the 2oth of May, one thoufand fe- 
 ven hundred and eighty-four. 
 
 Daniel Haites. (L. S.) 
 
 Lejlevenon van Berkenrcode. (L. S.) 
 Bmntfen. (L. S.) 
 
 O 2 Separate
 
 196 TREATIES [1578 
 
 Separate Article. 
 
 I. I T has been agreed and determined, that the 
 French language, made ufe of in all the copies of 
 the preient treaty, fhall not form an example which 
 may be alledged, or quoted as a precedent, or, in any 
 manner, prejudice either of the contracting Powers ; 
 and that they (hall conform, for the future, to what 
 has been obfcrved, and ought to be obierved, with re- 
 gard to, and on the part of Powers, who are in the 
 practice and pofiefiion of giving and receiving copies 
 of like treaties in a different language from the French; 
 the prefent treaty having, neverthelefs, the fame force 
 and virtue as if the aforelaid practice had been therein 
 obferved. 
 
 In witnefs whereof, we the under- written AmbaiTa- 
 dors and Minifters Plenipotentiary of his Britannic 
 Majefty, and of the States General of the United Pro- 
 vinces, have figned the prefent fcparate article, and 
 have caufed the feals of our arms to be affixed thereto. 
 
 Done at Paris, the twentieth of May, one choufand 
 feven hundred and eighty- four. 
 
 Daniel Hailes. (L. S.) 
 
 Lejlevenon van Berktnroode. (L. S.) 
 Brantfen. (L. S.) 
 
 His Britannic Majeftfs Full Power. 
 GEORGE R. 
 
 GEORGE the Third, by the grace of God, King 
 of Great Britain, France, and Ireland, Defender of 
 the Faith, Duke of Brunfwic and Lunenburgh, Arch- 
 Treafurer and Prince Elector of the holy Roman Em- 
 pire, &c. To all and fingular to whom thefe prefents 
 fhall come, greeting. \Yhereas, in order to perfect 
 the peace between us and the High and Mighty Lords 
 the States General of the United Netherlands, which 
 was happily begun by the preliminary articles, figned 
 at Paris the fecond day of September laft, and to 
 
 bring
 
 *788.;| WITH THE STATES GENERAL. 197 
 
 bring the fame to the defired conclufion, we have 
 thought fit to inveft fome proper perfon with full 
 power on our part ; Know ye, that we, confiding en- 
 tirely in the fidelity, diligence, ability, penetration, and 
 experience in affairs of our trufty and well-beloved 
 Daniel Hailes, Efqj our Minifter Plenipotentiary to 
 our good brother the moft Chriltian King, have 
 named, made, and conftituted, and, by thefe prefents, 
 do name, make, and conftitute him our true, certain 
 and undoubted Commiffioner, Procurator, and Ple- 
 nipotentiary j giving and granting to him all and all 
 manner of power, faculty, and authority, as alfo our 
 general and fpecial command (fo that the general fhall 
 not derogate from the Ipecial, nor contrarywife) at the 
 court of our faid good brother the moft Chriftian King, 
 for us, arid in our name, to meet and confer with the 
 AmbafTadors, Commiflloners, Deputies, and Plenipo- 
 tentiaries of the aforefaid Lords the States General of 
 the United Netherlands, being furnifhed with fuffi- 
 cient authority, and with them to agree, treat, confult, 
 and conclude upon the re-eftablifhing, as foon as may- 
 be, of a firm and lading peace, and fmcere friendfhip 
 and concord ; and for us, and in our name, to' fign 
 whatever may be fo agreed upon and concluded ; and 
 alfo to make, and mutually deliver and receive, a 
 treaty or treaties, or fuch other and fo many inftru- 
 ments as fhall be requifite, upon the bufinefs conclu- 
 ded, -and to tranfaft all other matters, which may re- 
 late to the happily accomplifhing of the aforefaid work, 
 in as ample manner and form, and with equal force 
 and effect, as we, if we were prefent, could do and 
 perform: engaging and promifing, on our Royal word, 
 that we will approve, ratify, and accept, in every more 
 perfect form, whatever may happen to be tranfacted 
 and concluded by our faid Plenipotentiary, and that 
 we will never fuffer the fame to be violated or infringed 
 by any one, either in the whole or in part. In wit- 
 nefs, and for the greater validity of all which, we have 
 caufcd our great feal of Great Britain to be affixed to 
 O 3 thefe
 
 1 9 3 TREATIES [1578 
 
 thefe prefents, figned with our Royal hand. Given at 
 our court at St. James's, the twenty-feventh day of 
 ApriJ, in the year of our Lord one thoufand feven 
 hundred and eighty-four, and in the twenty-fourth year 
 of our reign. 
 
 The Full Power of the States General. 
 
 THE States General of the United Netherlands : 
 To all who Ihall fee thefe prefents, greeting. Whereas 
 there is nothing we have more earneftly at heart, than 
 that the war, in which we, together with other Pow- 
 ers, are involved, againft Great Britain, may be ter- 
 minated by a general, folid, and lafting peace, and 
 that, in order to accomplifh fo defirable and falutary 
 a purpofe, negotiations may be forthwith begun ; 
 wherefore, moved by a defire of contributing what- 
 ever lies in our power to promote the negotiation 
 for a general peace, and trufting that we (hall find 
 the moft Serene King of Great Britain animated with 
 the like fentiments, we, knowing the prudence, expe- 
 rience in affairs, and fidelity of the Lords Lefteve- 
 non de Berkenroode, our Ambaffador to his moft 
 Chiiftian Majefty, and Gerard Brantfen, Conful of 
 the city of Arnheim, Counfellor and Mafter General 
 of the Mint of the Republic, Deputy in ordinary 
 from the province of Guekires to our Afiembly, 
 and our Plenipotentiary, have authorifed, appointed, 
 commifiioned, and deputed, as, by thefe prelents, we 
 do authorife, appoint, commiflion, and depute them, 
 granting full power, as well as general and fpecial 
 command, to both of them conjointly, or to either 
 of them in the abfence of the other, whether on ac- 
 count of illnefs, or of any other impediment what- 
 foever, to treat with him or them who fhall have been 
 likewife invefted by his Britannic Majefty with the 
 necefiary authority for that purpofe, concerning all 
 things which fhall be judged expedient and requifite 
 for concluding a general, lafting, and advantageous 
 peace, to endeavour to remove all obftacles which may 
 
 occur,
 
 1788.] WITH THE STATES GENERAL. 199 
 
 occur, to a<5t, agree, and ftipulate thereupon, in fuch 
 manner as they Ihall think proper, and generally to do 
 all things relative thereto, which we ourfelves being 
 prefent might doj promifing fincerely and &ona Jide, 
 that we will accept, perform, and ratify every thing 
 which the faid Lords our AmbafTador and Plenipoten- 
 tiary Ihall have ftipulated, promifed, or granted, and 
 that we will iflue our letters of ratification in due 
 form. Given at the Hague under our great feal, 
 figned by the Prefident of our aflembly, and counter- 
 figned by our Greffier, the nineteenth day of Auguft, 
 in the year one thoufand leven hundred and eighty- 
 two. R. Sleety P*. 
 
 By order of the aforefaid jLords the States General, 
 
 H. Fagel. 
 
 [The following is printed from the copy publilhed by 
 authority in 17 8 8*.] 
 
 ( The treaty ofdefenfive Alliance between his Majefty the 
 King of Great Britain, and their High Mighti- 
 mjjes the States General of the United Provinces, 
 figned at the Hague the \t ) th cf A$ril t 1788* 
 
 THE mutual and fmcere friendlhip, which has fo 
 long fubfifted between his Majefty the King of Great 
 Britain, and the Lords the States General of the United 
 Provinces, having been increafed and ftrengthened by 
 the intereft, which his Britannic Majefty has lately ma- 
 nifefted in the prefervation of the independence of the 
 Republic, and of its legal conftitution, his faid Ma- 
 jefty, and the faid Lords the States General of the 
 United Provinces, have refolved, in order to cement, 
 in the moll folid and lafting manner, the good har- 
 mony, confidence, and correfpondence between them, 
 to form permanent engagements, by a treaty of de- 
 fenfive alliance, for the good of both parties, and for 
 the maintenance of the general tranquillity, as well 
 35 of their own in particular. To accomplish fo fa- 
 O 4 lutary
 
 aoo TREATIES [1578 
 
 lutary a purpofc, his Majefly the King of Great Bri- 
 tain has named and authorized Sir James Harris, 
 Privy Counfellor, Knight of the Bath, Member of the 
 Parliament of Great Britain, and his Majefty's am- 
 bafiador extraordinary and plenipotentiary to their High 
 Mightinefles j and their High Mightinefies the States 
 General of the United Provinces have named and 
 authorized their Deputies for foreign affairs ; who, after 
 communicating to each other their full powers in due 
 form, and having conferred together, have agreed 
 upon the following articles : 
 
 I. There fhall be a fmcere, firm, and conftant 
 friendfhip and union between his Britannic Majefly, 
 his heirs and fucceflbrs, and the Lords the States 
 General of the United Provinces, fo that the high con- 
 tracting parties fhall direct their utmoft attention to 
 maintain this mutual friendfhip and correfpcndence 
 between them, and their dominions and fubjects ; and 
 they engage to contribute, as far as fhall be in their 
 power, mutually to preferve and defend each other in 
 peace and tranquillity. 
 
 II. In cafe either of the high contracting parties 
 fhould be hoftilely attacked by any European Power, 
 in any part of the world whatfoever, the other con- 
 tracting party engages to fuccour its ally, as well by 
 fea as by land, in order to maintain and guaranty each 
 other mutually in the pofleffion of all the dominions, 
 territories, towns, places, franchifes, and liberties, which 
 belonged to them refpectively before the commence- 
 ment of hoftilities. 
 
 III. His Britannic Majefty guaranties, in the moft 
 effectual manner, the hereditary ftadtholderate, as well 
 as the office of hereditary governor of each province, 
 in the Serene Houfe of Orange, with all the rights 
 and prerogatives thereto belonging, as forming an ef- 
 lential part of the conftitution of the United Provinces, 
 according to the refolutions and diplomas of the years 
 1747 and 1748, by virtue of which the prdent Stadt- 
 
 holder
 
 1788.] WITH THE STATES GENERAL. 201 
 
 holder entered into the pofTefiion of thofe offices in 
 1766, and was reinftated therein in 178 8 ; engaging 
 to maintain that form of government againft all at- 
 tacks and enterprizes, direct or indirect, of whatfoever 
 nature they may be. 
 
 IV. The fuccours mentioned in the fecond article of 
 this treaty of defenfive alliance, fhall confift, on the 
 part of his Britannic Majefty, of eight thoufand in- 
 fantry, two thoufand cavalry, twelve fhips of the line, 
 and eight frigates; and, on the part of the States Ge- 
 neral, of five thoufand infantry, one thoufand cavalry, 
 eight fhips of the line, and eight frigates ; which re- 
 fpective fuccours fhall be furnifhed in the ipace of two 
 months after requifition made by the party attacked, 
 and fhall remain at its difpofal during the whole con- 
 tinuance of the war in which it lhall be engaged, whilfb 
 thofe fuccours (whether fhips and frigates, or troops) 
 fhall be paid and maintained by the Power of whom 
 they fhall be required, wherever its ally fhall employ 
 them. 
 
 V. In cafe the flipulated fuccours fhould not be fuf- 
 ficient for the defence of the Power requiring them, 
 the Power to whom requifidon fhall be made fhall 
 fucceflively augment them, according to the wants of 
 its ally, whom it fhall afiift, even with its whole force, 
 if circumflances fhould render it necefTary ; but it is 
 exprefsly agreed, in all cafes, that -the contingent of 
 the L'ords the States General fliall not exceed ten thou- 
 fand infantry, two thoufand cavalry, fixteen fhips of the 
 line, and fixteen frigates. 
 
 VI. But as it may happen (confidering the diftance 
 of feveral of the poffeflions of the two high contract- 
 ing parties) that the advantages which ought to refult 
 to them reciprocally from the conclufion of the prefent 
 treaty, may become illufory, unlefs meafures can be 
 taken for the mutual defence of thofe pofieflions, be- 
 fore their rcfpective governors could receive orders 
 from Europe for that purpofej it is ftipulated and 
 
 agreed,
 
 TREATIES [1578 
 
 agreed, that in cafe either of them Ihould be hoftilely 
 attacked, or even menaced with an hoftile attack, in 
 its pofleflions, whether in Africa or in Afia, by an 
 European power, the governors of their fetrlements 
 in thofe two parts of the world fhall be enjoined to 
 concert together the fuccour to be furnifhed, and, in 
 cafe of need, to furnifh fuch fuccour, in the moft 
 fpeedy and effectual manner, to the party attacked j 
 and that orders to that effect fhall be expedited to the 
 faid governors immediately after the conclufion of the 
 prefent treaty: and in cafe the two high contracting 
 parties fhould be obliged to furnifh the aforcfaid fuc- 
 cours, they fhall not permit the fhips of war, of what 
 nature they may be, of the Power attacking, to enter 
 into any of their ports in the aforefaid fcttlements, 
 until peace fhall be reftorcd between the party attack- 
 ing, and the ally of the contracting party, unlefs the 
 faid veflels be forced to take refuge there, to avoid 
 perifhing, or being fhipwrccked. 
 
 VII. If it fhould happen that the two hiph con- 
 tracting parties fhall be equally involved in a war 
 againft a common enemy, they reciprocally promife 
 each other not to difarm but by common confentj and 
 they fhall communicate to each other confidentially the 
 propofals for a peace, or truce, which may be made. 
 
 VIII. If the high contracting parties prefer furnifh- 
 ing their fuccours of troops in money, they fhall be at 
 liberty on each fide fo to doj and then fuch fuccour 
 fhall be computed at one hundred thoufand florins, 
 Dutch currency, per annum, for one thoufand infan- 
 try, and at one hundred and twenty thoufand florins, 
 of the like value, for one thoufand cavalry, pej an- 
 num, and in the fame proportion by the month. 
 
 IX. The Power requiring fhall be obliged, whether 
 the fhips, frigates, and troops, with which it fhall 
 have been furnifhed, remain for a long or fhort time 
 in its ports, to provide whatever they may want, at 
 the fame price as if they belonged to fuch Power itfclf. 
 
 U
 
 1788.] WITH THE STATES GENERAL. 203 
 
 It has been agreed, that the faid troops or fhips fhall 
 not in any cafe be at the expence of the party requir- 
 ing, but that they lhall neverthelefs remain at its dif- 
 pofal, during the whole continuance of the war in 
 which it (hall be engaged. The fuccours above-men- 
 tioned fhall, with refpeft to difcipline be fubject to the 
 orders of the chief officer who commands them; and 
 they lhall not be employed feparately, or othenviie 
 than in concert with the faid commanding officer: 
 with regard to the operations, they fhall be wholly 
 fubjed to the orders of the commander in chief of the 
 Power requiring. 
 
 X. It is agreed, that until the two Powers conclude 
 a treaty of commerce with each other, the fubjects of 
 the Republic fhall be treated, in the kingdoms of Great 
 Britain and Ireland, as the moft favoured nation ; and 
 the fame fhall be obferved in the United Provinces 
 towards the fubjects of his Britannic Majefty. It is 
 however to be underftood, that this article is not to 
 extend to a diminution of the import duties payable 
 upon linens. 
 
 XL Whereas by the fourth article of the treaty of 
 peace, figned in the month of June, 1784, his Britan- 
 nic Majefty engaged to treat with the Lords the States 
 General for the reflitution of Negapatnam, with its 
 dependencies, in cafe the faid Lords the States General 
 fhould in future have any equivalent to give; and 
 whereas their High MightinerTes have now renewed 
 their requeft for obtaining that reflitution, as well as 
 for fettling and determining precifely the fenfe of the 
 fixth article of that treaty, concerning the navigation 
 of Britifh fubjects in the Eaftern feasj his Britannic 
 Majefty, in crder to manifeft his good- will towards the 
 Republic, is difpofed to concur in thefe defires of their 
 High MightinefTes, and even to fecure to the Republic 
 additional and real commercial advantages in that part 
 of the world, as foon as an equivalent for thofe objects 
 .can be agreed upon 5 in return for which his Britannic 
 
 Majefty
 
 204 TREATIES WITH THE [1496 
 
 Majefty will require nothing but what is favourable to 
 the reciprocal interefts and fecurity of the contracting 
 parties in the Indies: and, to prevent the negotiations 
 for fuch arrangements from retarding the conclufion 
 of the prefent treaty, it is agreed, that they fhall be 
 begun as foon as poflible, and be concluded in the 
 Ipace of fix months from the date of the prefent 
 treaty j and that the convention to be made thereon 
 lhall have the fame force as if it was inferted in the 
 treaty itfelf. 
 
 XII. The prefent treaty fhall be ratified on each 
 fide, and the exchange of the ratifications lhall be 
 made in the fpace of fix weeks, or fooner, if it can 
 be done. 
 
 Done at the Hague, the fifteenth of April, one 
 thoufand feven hundred and eighty-eight. 
 
 (L. S.) James Harris. 
 
 (L. S.) J. W. Comte de Welderen. 
 
 (L. S.) W. F. H. van Wa/enaer. 
 
 (L. S.) L. P. van de Spiegel. 
 
 (L.S.) Guillaume de Citters. 
 
 (L.S.) W. N.Pefters. 
 
 (L. S.) Charles Bigot. 
 
 (L. S.) M. B. C. ran Vdcrjt v. Borgel. 
 
 The
 
 J743-] AUSTRIAN NETHERLANDS. 105 
 
 The AUSTRIAN NETHERLANDS. 
 
 1496 rirMJERE are various commercial trea- 
 to X. ties .with the Netherlands, from the 
 1506. Inter curfus magnus to the Intercurfus malus. 
 Rym. Feed. vol. xii. p. 578-654- 
 
 711. vol. xiii. p. 6-132. 
 Treat. 1732, vol. ii. p. 1-28. 
 
 1604. . The articles of peace, intercourfe, and 
 1 8 Aug. commerce, between Great Britain, Spain, 
 and the Netherlands, concluded at London. 
 Treat. 1732, vol. ii. p. 131. 
 
 1648. The treaty of Weftphalia, between the 
 30 Jan. Emperor, Spain, the States General, and 
 Sweden. Mably> Dr. Pub. vol. i. ch. i. 
 
 Treat. 1732, vol. i. p. i. vol. ii. 
 
 P- 335- 
 Treat. 1785, vol. i. p. 1-44. 
 
 1667. The articles of peace, alliance, and com- 
 |f May. merce, between Great Britain and Spain, 
 ufually called, The Treaty' of Madrid, which 
 is hereafter printed, vol. ii. p. 5. 
 
 1701. The treaty between Great Britain, the 
 7 Sept. Emperor, and the States General, concluded 
 at the Hague j ufually called, The Second 
 Grand Alliance. 
 
 Treat. 1732, vol. i. p. 415. 
 Treat. 1785, vol. i. p. 326. 
 
 1713. A convention for a provifional regulation 
 44 July, of trade in the Netherlands, concluded at 
 Utrecht. 
 
 1715. The convention, made at London, relat- 
 26 July, ing to the duties payable on the impor- 
 tation
 
 ao6 "TREATIES WITH THE [1496 
 
 ration of Britifh woollen cloths into the 
 Auflrian Netherlands. 
 
 Pap. Off. A. 17. 
 
 Treat. 1732, vol. iv. p. 444. 
 
 Treat. 1785, vol. ii. p. 144. 
 
 17 1 5. The Barrier treaty between Great Britain, 
 *5 Nov. the Emperor, and the States General, with 
 
 the tariff of duties payable in the Auflrian 
 Netherlands, according to the 26th article 
 of this treaty, concluded at Antwerp. 
 
 Pap. Off. A. 1 8. 
 
 Board of Trade , O. 52. 
 
 Rouffety Recueil Hiftorique, torn. i. p. 37. 
 
 Treat. 1785, vol. ii. p. 148. 
 
 1716. The defenfive alliance between Great 
 25 May. Britain and the Emperor, with the feparate 
 
 and fecret articles, and Count Volkra's de- 
 claration, dated the -J. Auguft, 1716, about 
 thetradein Flanders; concluded at Weftmin- 
 fter. Pap. Of. A. 1 9. 
 
 RouJJety Recueil Hijlorique, torn. 1. p. 469. 
 
 Treat. 1785, vol. ii. p. 175. 
 
 The quadruple alliance between Great 
 Britain, the Emperor, and the States Ge- 
 neral, with the feparate and fecret articles, 
 concluded at London. 
 Pap. Off. A. 23. 
 
 Rouffet, Recueil Hift or iquey torn. i. p. i8o 
 Treat. 1785, vol. ii. p. 199. 
 
 1718. The convention between Great Britain, 
 22 Dec. the Emperor, and the States General, relat- 
 ing to the execution of certain points of the 
 Barrier treaty, concluded at die Hague. 
 Pap. Off. A. 26. 
 Board of Trade t R. 164. 
 Rouffct, Recueil Hiftoriqucj tom.i. p. 400. 
 Treat. 1785, vol. ii. p. 228.
 
 I743-] AUSTRIAN NETHERLANDS. 207 
 
 1731. The treaty between Great Britain, the 
 1 6 March. Emperor, and the States General, with the 
 feparate and fecret articles; concluded at 
 Vienna. Pap. Off. A. 35. 
 
 Roitffety Recueil Hiftorique, torn. vi. 
 
 p. 1 6. 
 Rouffety Sup. an Corps Diplom. torn, 
 
 ii. part. ii. p. 288. 
 Treat. 1785, vol. ii. p. 318. 
 
 1731. The treaty between Great Britain, the 
 
 22 July. Emperor, and Spain, with the feparate and 
 fecret articles; concluded at Vienna. 
 Pap. Off. A. 36. 
 
 ety Recueil Hijloriqtce y torn. vi. 
 
 P- 193- 
 
 efy Sup. Corps Diplom. torn. ii. 
 part. ii. p. 307. 
 Treat. 1785, vol. ii. p. 333. 
 
 1743. The treaty of Worms, between Great 
 T^- Sept. Britain, Hungary, and Sardinia. 
 
 See it, vol. ii. under the art. SAR- 
 
 DINIA. 
 Treat. 1785, vol. ii. p. 355. 
 
 [The following is printed from the copy which was 
 publifhed by authority in 1713.] 
 
 A Provifwnal Regulation of Tradey in the Spanifh Low 
 Countries, made at Utrecht the 44 & a y f J u ty> 
 
 IN order to make a provifional regulation of the 
 commerce in and through the Low Countries, as well 
 thofe that are called Spanifh, as thofe that have been 
 re-conquered and yielded, it is agreed^ 
 
 I. That in all the places of importation or export- 
 ation in the faid Spanifh Low Countries, re-conquered 
 and yielded up, the duties upon merchandize lhall be 
 exacled and paid upon the fame foot as they were ex- 
 afted and paid in the year 1680. 
 
 II. All
 
 2o8 TREATIES WITH THE [1496 
 
 II. All forts of merchandize imported by die fub- 
 jec~b of Great Britain, or the United Provinces, which 
 have formerly enjoyed the right of tranfit or pafifage, 
 fhall enjoy the fame for the future; and the merchan- 
 dize of Great Britain, and the United Provinces, 
 which have enjoyed this right of tranfit, fhall dill 
 enjoy the fame, although thofe who import them are 
 not fubjects either of the Queen of Great Britain, or 
 their High MightinefTes ; and this duty (hall not ex- 
 ceed two and a half per cent. 
 
 III. All duties of entrance upon merchandize, com- 
 ing out of the other parts of the Spanilh Low Coun- 
 tries, and entering into thofe which are called re-con- 
 quered and yielded, fhall ceafe ; and not only the mer- 
 chandize of Great Britain, and the United Provinces, 
 that may be brought into thofe parts by others, but 
 the fubje&s alib of Great Britain, and the United 
 Provinces, (hall from this time be free from all duties 
 of entrance for their merchandize in the faid Low 
 Countries, which are re-conquered and delivered up. 
 
 IV. That the duties of confumption in the towns 
 and other places of the Low Countries, that are re- 
 conquered and yielded up, (hall be altogether the fame 
 upon the goods and merchandize of each nation, and 
 the fame liberty of felling, or expofmg them to fale, 
 be allowed to both; and that the faid duties (hall not 
 exceed what was cuftomary in the faid towns and 
 places before the conqueft. 
 
 V. That the duty of exportation, which has been 
 exacted for merchandize going out of the Low Coun- 
 tries, in order to pafs into the new conquefts, or places 
 that have been yielded, fhall ceafe from this time ; and 
 the merchandize, like wife, which (hall be carried out 
 of the faid Low Countries, in order to go to France, 
 or any other country, either through the places lately 
 re- conquered and delivered up, or any other, (hail 
 pay but one duty of exportation, which (hall be 
 that which was paid in the Spanifh Low Countries, in 
 
 die
 
 I743-] AUSTRIAN NETHERLANDS. 209 
 
 the year one thoufand fix hundred and eighty, and it 
 ihall not be lawful to exact more or lefs for the impor- 
 tation, exportation, or pafTage of merchandize, than 
 was paid in the faid year one thoufand fix hundred and. 
 and eighty, fo long as this provifiohal regulation fiiall 
 remain in force. . 
 
 VI. As to the right of convoy, it is referred to the 
 eonfideration of the minifters of the Q^ieen of Great 
 Britain,, and their High Mightineffes, at Bruffels. 
 
 VII. The Que^n of Great Britain, and their High 
 Mightinefles, lhall give orders to their minifters at 
 Bruffels, to take' fuch effectual methods, that all and 
 every one of the articles of this provifional regulation 
 may be fpeedily put in execution, and duly obferved. 
 
 In witnefs whereof we 1 have figned this inftrument, 
 and caufed it to be fealed with our arms. Doric 
 
 at Utrecht, this 535^3; day of July* in the year 
 one thoufand feven hundred and thirteen. 
 
 (L. S.) Job. $riftol, C. P. S, 
 
 (L. S.) J. B. V, Rcmduyck. 
 
 (L. S.) William Buys. 
 {L. S.) Strafford. (L. S.) S. V. Du/cn. 
 
 (L. S.) V. Gheel van Spanbrooeck. 
 
 (L. S.) F> Baron de Rfede de Renf- 
 woude. 
 
 (L. S.) Graef van Knipbuifen. 
 
 [The following is printed from the copy, which was 
 publifhed by authority.] 
 
 fbe Treaty for fettling the Barrier, &c. in the Nether- 
 lands, between the moft Serene aud moft Potent 
 Prince Charles VI. Emperor of Germany, &c. 
 and the moft Serene and Potent Prince George, by 
 the Grace of God, King of Great Britain, France, 
 and Ireland, Defender cf the Faith, &c. and tse 
 High and Mighty Lords the States General cf the 
 
 VOL. L P United
 
 2id TREATIES WITH THJ [1496 
 
 United Netherlands j concluded at Antwerp on the 
 i$tb cf November, 1715. 
 
 GEORGE, by the Grace of God, King of Great 
 Britain, France, and Ireland, Defender of the Faith 
 &c. To all and fmgular to whom thefe prefent letters 
 fhall come, greeting. Whereas the Minifters Pleni- 
 potentiaries, as well on our part,, as on thofe of his 
 Imperial and Catholic Majefty, and of the High and 
 Mighty Lords the States General of the United Ne- 
 therlands, having met at Antwerp, and being impow- 
 ered with fufficient orders and authority, did, on the 
 fifteenth day of the prefent month of November, con- 
 clude and fign a certain treaty, in the following form 
 and words. 
 
 IT having pleafed the Almighty to grant peace for 
 fome time paft to Europe, and nothing being more 
 defirable and necefiary, than to re-eftablifh and fecure 
 every where, as much as can be, the common and 
 public fafety and tranquillity, and their High Mighti- 
 nefles the Lords the States General of the United Pro- 
 vinces, having engaged to deliver up the Netherlands 
 to .his Imperial and Catholic Majefty Charles VI. 
 purfuant to what is ftipulated and agreed by the creaty 
 made at the Hague on the feventh of September, one 
 thoufand feven hundred and one, between his Impe- 
 rial Majefty Leopold, of glorious memory, his Bri- 
 tannic Majefty, William HI. alfo of glorious memo- 
 ry, and the faid States Genera], that the faid Powers 
 fhould agree together upon what might relate to their 
 mutual interefts, particularly with refpect to the man- 
 ner by which the fecurity of the Netherlands night be 
 eftabliihed, to ferve for a barrier to Great Britain, and 
 to the United Provinces, and with refpeft to the com- 
 merce of the inhabitants of the faid Netherlands, and. 
 of Great Britain, and of thofe of the United Provin* 
 ces, and his Imperial and .Catholic Majefty Charles 
 VI. to whom the faid Netherlands Ihall be delivered 
 by this treaty, his Britannic Majefty George, both 
 3 now
 
 
 I743-] AUSTRIAN NETHERLANDS. 211 
 
 now reigning, and both lawful heirs and fuccefibrs of 
 the faid Emperor and King, and the Lords the States 
 General of the United Provinces, acting herein by the 
 lame principles of friendlhip, and with the fame inten- 
 tion to procure and eftabliih the faid mutual fafety, 
 and to corroborate more and more a ftrict union, have 
 to this end nominated, conftituted, and appointed, for 
 their Minifters Plenipotentiaries, that is to fay, hi$ 
 Imperial and Catholic Majefty, Jofeph Lothaire, Count 
 Kinigfegg, his Chamberlain, Counfellor of War, and 
 Lieutenant General of his armies j his Britannic Ma- 
 jefty, William Cadogan, Efq; his Envoy Extraordinary 
 to their High MightinerTes the Lords the States Ge- 
 neral of the United Provinces, a Member of the Par- 
 liament of Great Britain, Mafter of the Robes to his 
 Majefty, Lieutenant General of his armies, and Co- 
 lonel of his fecond regiment of guards j and the States 
 General, M. Bruno vander Dufien, ancient Burgomaf- 
 ter, Senator and Counfellor Penfionary of the city of 
 Gouda, Afleflbr in the Council of the Heemrades of 
 Schieland, Dykegrave of the Crimpenerwaard ; Adol- 
 phus Henry Count Rechteren, Lord of Almelo and 
 Vriefeeven, &c. Prefident of the Lords the States of 
 the Province of Overyflel, Droflard of the Uiftrift of 
 Zalland; Seato van Gockinga, Senator of the city of 
 Groninghen; and Adrian van Borfelle, LordofGuel- 
 dermalfen, &c. Senator of the town of Flushing ; the 
 three former, Deputies in the Aflembly of the Lords 
 the States General on the part of the provinces of 
 Holland and Weftfrifeland, O very (Tel, and Groning- 
 hen and the Ommelands, and the fourth, Deputy .in 
 the Council of State of the United Provinces ; who, 
 having met in the city of Antwerp, which by common 
 confent had been named for the place of congrefs, and 
 having exchanged their full powers, copies of which 
 are inferted at the end of this treaty, after feveral con- 
 ferences have agreed for, and in the name of his Im- 
 perial and Catholic Majefty, his Britannic Majefty, 
 P 2 *nd
 
 TREATIES WITH THE [1496 
 
 ami the Ix>rds ite Slates General, in the manner fol- 
 lowing. 
 
 I. The States General of die United Provinces 
 fhali deliver up to his Imperial and Catholic Majcf- 
 ty, by vtrnie of the grand alliance in the year one 
 thoufand feven hundred and one, and of the engage- 
 ments into -which they have fince entered, immedi- 
 ately after the exchange of the ratifications of the pre- 
 terit treaty, all the provinces and towns of the 
 therlands, with their dependencies, as well thofe which 
 were podelTed by the late King of Spain Charles II. 
 of glorious memory, as thofe which have not long 
 fince Ixx-n yielded by his late moft Chriftian Majefly 
 alfo of glorious memory j which provinces and towns 
 together, as well thofe which Ihall be delivered up by 
 this prefent fcaty, as thofe which have been already 
 delivered, fiiall for the future make and compofe, m 
 all or in part, but one fole and indivifible, inalienable, 
 and unexchangeable demefne, which fhall be infepara- 
 ble from the dominions of the Houfe of Auftria in 
 Germany, to be enjoyed by his Imperial and Catho- 
 lic Majefty, his fucceflbrs and heirs, in full irrevocable 
 fuvereignty and propriety, that is to fay, with refpccl: 
 to the former provinces, as they were enjoyed or ought 
 to have been enjoyed by the late King Charles II. of 
 glorious memory, conformably to the treaty of Ryf- 
 wick, and as to the other provinces, in the manner 
 and on the conditions upon which they were yielde4 
 and delivered up to the faid Lords the States Gene- 
 ral by the late moft Chriftian King of glorious me- 
 mory, in favoii/ of the moft auguft Houfe of Auftria, 
 and without other incumbranccs or mortgages, charge4 
 thereon by the States General, and for their benefit. 
 
 II. His Imperial and Catholic Majefty promifes and 
 engages, that no province, city, place, fortrefs, or ter- 
 ritory of the faid Netherlands,' fhall be yielded, tranf- 
 ferred, given, or fail to the crown of France, or" to 
 .any Prince -or Princefs of. die houfe and lineage of 
 
 France,
 
 AUSTRIAN NETHERLANDS, 
 
 France, or to any other wha fhalf aot be tb.e. fuc- 
 cedbr, heir, and pofiefthir of tbe dominions, o-f thc^ 
 Houfe of Auftria in Germany, either by gife, file, ex- 
 change, marriage- contract, inherkaneg, kjcceffton. t*> T 
 will, or in default of a will, or upon any other title or 
 pretext whatsoever ; fo that no province, city, place, 
 fbrtrefs, or territory of the Netherlands,, fhali ever be 
 fbbjeV. to any other Prince, than only to- tbe fuccdloFs 
 to the faid dominions of the Houfe of Auftria* except 
 what lias already been yielded to the King: of Pruto*. 
 and what (hall be yielded by this prefent treaty to the 
 faid Lords the States GeneraL 
 
 II L As the fecurity of the Auflrian Netherlands 
 will depend principally on the number of troops which 
 may be kept up in the laid countrksj, .and in the 
 places which are to form the barrier that has becfn^ 
 promifed to tbe Lords the States Geaerajl by thc- 
 grand alliance, his Imperial and CadiCklic MajeiVy . and 
 their High MightineiTes, have agreed to maintaia 
 therein always, each at their o.wa chargpi a body of 
 between thirty and thirty-five thoufand men, ..of which, 
 his Imperial and Catholic Majefty (hall foniifb three- 
 fifths, and the States General two-fifths, pro-vixkd that 
 if his Imperial and Catholic Majefty .leffea his cort- 
 tingentj it fhall be in the powev of the faid States Ge- 
 neral to leflen theirs.^ in proporrion-j and when, there 
 {hall be a likelihood of war, or of an attack, the faid 
 body ihall be augmented to forty thoufand men, ac- 
 cording to the fame proportion ; and in cafe of achial 
 war, a further agreement fhall be made for fuch forces 
 as fhall be judged neceflary. 
 
 The repartition of the fa,id troops in time of peace^ 
 fo far as it relates to the places committed to the 
 keeping of their High MightinefTes troops, fhall be 
 made by themfelves only a and the repartition, of the 
 reft by the governor general of the Netherlands^ ac- 
 quainting each other mutually with, the dilporbions 
 they fhall make* 
 
 P 3 IV. His
 
 TREATIES WITH THE [1496 
 
 IV. His Imperial and Catholic Majefty grants that 
 the States General (hall have a garrifon intirely of 
 their own troops in the towns and caftles of Namur 
 and Tournay, and in the towns of Menin, Furnes, 
 Warneton, Ypres, and Fort Knocque ; and the States 
 General engage not to employ in the faid places, troops 
 which though in their pay, may belong to a prince or 
 nation that may be at war againft, or fufpefted to be 
 in engagements contrary to the intcrefts of his Impe- 
 rial and Catholic Majefty. 
 
 V. It is agreed, that in the town of Dendermonde 
 there fhall be a joint garrifon, which for the prefent 
 fhall be compofed of one battalion of Imperial troops, 
 and of one of thofe of the States General, and if 
 hereafter it may be neceflary to augment the faid gar- 
 rifon, that augmentation fhall be made equally with 
 troops of both parties, and by common concert. The 
 governor lhall be appointed by the Emperor j who, 
 as well as the fubalterns, fhall take an oath to the 
 States General, never to do, or permit any thing to 
 b done in the faid town, which may be prejudicial to 
 their fervice, with refpeft to the prefervation of the 
 laid town and garrifon, and he fhall be obliged by the 
 fame oath to give free pafTage to their troops, when- 
 ever and as often as they fhall defire it, provided it be 
 previqpfly afked, and only for a moderate number at 
 a time. The whole according to the form which has 
 been agreed on, and which fhall be inferted at die 
 end of this treaty. 
 
 VI. His Imperial and Catholic Majefty confents 
 likewife, that in the places above granted to the States 
 General, for keeping garrifons intirely their own, they 
 may put fuch governors, commandants, and other of- 
 ficers who compofe the Etat Major as they fhall think 
 fit, on condition that they fhall not be chargeable to 
 his Imperial and Catholic Majeily, nor to the towns 
 and provinces, otherwife than for convenient lodging, 
 and the emoluments arifing from the fortifications, 
 
 and
 
 1743-3 AUSTRIAN NETHERLANDS. 215 
 
 and that they be not perfons who may be difagree- 
 able to or fufpected by his faid Majeity for reafons 
 to be particularly alledged. 
 
 VII. Which governors, commandants, and officers, 
 lhall be intirely and abfolutely dependent on, and fub- 
 jedl to the fole orders and fole judicature of the States 
 General, in all that relates to the defence, guard, fe- 
 curity, and all other military concern of their places ; 
 but the faid governors, as well as their fubalterns, fhall 
 be obliged to take an oath to his Imperial and Ca- 
 tholic Majefty, to keep the faid places faithfully under 
 the fovereignty of the Houfe of Auftria, and not to in- 
 termeddle in any other affair, according to the form 
 which has been agreed upon, and is inferted at the end 
 of this treaty. 
 
 VIII. The generals fhall give reciprocally, as well 
 in the towns where there fhall be a garrifon of his 
 Imperial and Catholic Majefty, as in ihofe which are 
 intrufted to the keeping of the troops of their High 
 Mightinefles, the ufual- honours according to their cha- 
 racter, and the cuftom of each fervice ; and in cafe 
 the governor general of the Netherlands comes into 
 the places committed to the keeping of the troops of 
 the States General, the honours fhall be fhewn him 
 which he is \ifed to receive in the places where are 
 garrifons of his Imperial and Catholic Majefty j he 
 (hall alfo give out the word there j the whole without 
 prejudice to. the fixth article. 
 
 And the governors, and in their abfence the com- 
 mandants, fhall communicate to the faid governor ge- 
 neral the dilpofitions made by them, for the fecurity 
 and guard of the places committed to their care, and 
 he lhall have fit regard to the alterations which the 
 faid governor general may judge ought to be made in 
 them. 
 
 IX. His Imperial and Catholic Majefty grants the 
 exercife of their religion to the troops of the States Ge- 
 neral, wherever they lhall be in garrifon j but this fhall 
 
 P 4 be
 
 ii'6 TREATIES WITH THZ [1496 
 
 be done in particular places that are convenient ,and 
 proportioned to the number of" the garrifon, which the 
 magiftrates fhall appoint and keep in repair in ever/ 
 .town' and place where none are already fettled, which 
 places lhall not be diftinguifhed by any exterior marks 
 of a church ; and the civil and military officers, as alfo 
 the ecclefiaftics, and all others whom it concerns, fhall 
 be ftriftly enjoined, on both fides, to hinder all occa- 
 fion of dcandal and conteft which may arife on the 
 fubject of religion; and when any difputq or difficulty 
 fhall arife, it fhall be made up amicably on both fides. 
 And as to religion with refpett to the inliabhants of 
 the Auftrian Netherlands, all things lhall reft ar- 
 main on the fame foot they were during the reign of 
 King Charles II. of glorious memory. 
 
 X, All ftores of war, artillery, and arms, of the 
 States General ; as alfo materials for the fortifications, 
 .corn in time of fcarcity, provifions to be put into 
 magazines, when there fhall be a likelihood >f war; 
 as alfo cloth and furniture for cloathing the foldiers, 
 which fhall be certified to be intended for that ufc, 
 lhall pafs free, and without paying any duties or toils, 
 by virtue of pafTports which fhall be afked and granted 
 upon a fpecirication fignedj on condition, however, 
 that at the fiifl cuftom-office of his Imperial and Ca- 
 tholic Majefty where the faid ftores, materials, arms, 
 and mounting ihall enter, the boats and other carri- 
 ages may be duly fcarched, at the place where they 
 are .to be unloaded, to hinder the mixing of other 
 merchandize among them, and for preventing all fraud 
 and abufe, againft which it fliall always be h ce to ufe 
 fuch precauaons as by couife cf time and experience 
 Ih^ll be judged neccifaiyj nor fhall die governors 
 and their fubalterns be permitted to obitruct in any 
 wife the execution of this article. 
 
 XI. The States .General fhall change their garri- 
 fons and the difpofidons of the troops in the towns 
 and places commiucd to their own keeping, as they 
 
 fhall
 
 I743-] AUSTRIAN NETHERLANDS. 
 
 ihall think fit; nor ihall the paflage of the troops 
 which they Ihall fend thither, or which they ihall draw 
 from time to time, be hindered or ftopt under any 
 pretext whatever : the faid troops Ihall likewife, when 
 the cafe may require, pafs through all the towns of 
 Brabant and Flanders, and through all the open coun- 
 try, make bridges as well over the canal between 
 'Bruges and Ghent, as over all the other canals, and 
 over all the rivers which Ihall be in their routes ; on 
 condition, however, that they Ihall be troops of a 
 prince or of a nation not in war with his Imperial and 
 Catholic Majefty, nor fufpecled of any engagement or 
 obligation contrary to his interefts, as is faid above in 
 the fourth article, and that previoufly notice ihall be 
 given and requifition made to the governor general 
 of the Netherlands, with whom the route and other 
 neceflary points fhall be regulated by fome perfon 
 commifiioned by their High Mightineflfes. 
 
 The regulation made by the States General concern- 
 ing the paflage of their troops, ihall be obferved, as it 
 is obferved in their own country. 
 
 And the States 'General ihall endeavour to make 
 the. faid changes of garrifons, as well as the necerTary 
 difpofitions for the fame, in fuch manner as may be 
 leaft expenfive and inconvenient to the inhabitants. 
 
 XII. The common fafety requiring in time of war, 
 or in imminent danger of war, that the States General 
 Ihould fend their troops into the places which ihall 
 appear to be moft expofed to the hazard of being at- 
 tacked or furprized, it is agreed between his Imperial 
 and Catholic Majefty, and the States General, that 
 their troops ihall be received into the faid places fo 
 far as ill all be neceflary for their defence, when the 
 caie ihall apparently happen, provided that this be 
 done by agreement, and by concert with the governor 
 general of the Netherlands. 
 
 XIII. The States General may at their coft and 
 expence caufe the faid towns and places to be forti- 
 fied,
 
 2i8 TREATIES WITH THE [1496 
 
 fied, either by new works, or by repairing the old, 
 keep them up, and in general provide whatever they 
 fhall think necefiary for the fecurity and defence of 
 the faid towns and places, except that they fhall not 
 caufe new fortifications to be built, without giving 
 previous notice to the governor general of the Ne- 
 therlands, and hearing his opinion and confide rations 
 thereupon, nor fhall they be charged to the account 
 of the Emperor or of the country, but by his Majef- 
 ty's confent. 
 
 XIV. For the fecurity of the communication be- 
 tween the United Provinces, and the towns and places 
 of the barrier, his Imperial and Catholic Majefty fhall 
 <^ufe fuch meafures to be taken, that letters and 
 meflengers, as well ordinary as extraordinary, may 
 pafs freely to and from the towns and places of the 
 barrier, and through thofe of other countries, on con- 
 dition that the faid mefiengers fhall not charge them* 
 felves with letters or packets of merchants or other 
 private perfons, which, as well for the places of the 
 barrier as for any other place, ought to be put into 
 the port-offices of his Imperial and Catholic Majefty. 
 
 XV. As for the artillery, magazines, and {tores of 
 war, which their High MightinelTes have in the towns 
 and places which they deliver up to his Imperial and 
 Catholic Majefty, they fhall be allowed to caufe the 
 fame to be removed without any hinderance, and with- 
 out paying any duties or tolls, as well what they 
 themfelves have caufed to be conveyed thither, as the 
 artillery marked with their arms, loft in the laft war, 
 and otherwife belonging to them, which they fhall 
 have found in the faid places j unlefs his Imperial 
 and Catholic Majefty defires to take the faid artillery 
 and ftores of war on his own account, and agrees upon 
 price with their High Mightinefles before the dcrlir 
 very of the places committed to the keeping of the 
 troops of the States General -, and as to the artillery 
 and ammunition which are now in die places commit- 
 ted
 
 1743-1 AUSTRIAN NETHERLANDS. 
 
 ted to the keeping of the troops of the States Gene- 
 ral, they fhall be left in their keeping and difpofal, 
 according to the inventories of them which fhall be 
 drawn up and figned on both fides, before the ex- 
 change of the ratifications of the prefent treaty, with- 
 out being allowed to caufe them to be removed elfe- 
 where, unlefs by common confent ; and the property 
 of what is found in the faid places at the time of 
 their ceflion or delivery, fhall remain in his Imperial 
 and Catholic Majefty. 
 
 XVI. In cafe the provinces of the Auflrian Nether- 
 lands fhould be attacked, and it fhould happen (which 
 God forbid) that the enemies armies fhould enter 
 Brabant, there to act, and lay fiege to fome places in 
 the faid province, or to fome of thofe which make 
 its barrier ; it fhall be lawful for their High Mighri- 
 nefies to caufe their troops to take pofleffion and poit 
 themfelves in the towns and places on the Demer, 
 from the Schelde to the Maefe, as alfo to throw up 
 intrenchments and lines, and make inundations, to 
 prevent the farther progrefs of the enemies, in fuch 
 manner as the reafon of war may require. 
 
 XVII. It being manifeft by the experience of the 
 laft war, that for fecuring the frontiers of the States 
 General in Flanders, it was necefiary to have feveral 
 bodies of troops fo confiderable that the army was 
 very much weakened by it ; fcr preventing that in- 
 convenience, and for the better fecuring the faid fron- 
 tiers for the future, his Imperial and Catholic Majefty 
 yields to the States General fuch forts, and as much 
 territory of the Auftrian Flanders lying contiguous to 
 their faid frontiers, as fliail be wanted for making the 
 neceflary inundations, and for covering them effectu- 
 ally from the Schelde to the fea, in thofe places where 
 they are not yet fufficiently fecured, and where they 
 cannot be fo by inundations on thofe lands only which 
 do already belong to the States General. For this 
 end his Imperial and Catholic Majefty confents and 
 
 approves,
 
 120 TREATIES WITH THE .1496 
 
 approves, that for the future the limits of the States 
 General in Flanders fhall begin at the lea between 
 Blankerberg and Heyft, at the place wl\erc are no 
 Downs, provided that they fhall not tuild nor permit 
 the building cf villages or houles near, the foil poft, 
 nor fufrer any fetderncnt of rifhennen, nor i 
 Jtuices to the fea. 
 
 And their High Mightineflfes do farthrr pn : 
 that if they think fit to caufc any fortifications to be 
 built at the head of their new limits, tlury will take 
 care not to diminifli the ftrength of the Digue,, and 
 will not only take upon theivifclves the extraon' 
 cxpcnce which may be cccafioncd by means of th?. 
 laid fortifications, but will make good to the inhabi- 
 tants of the Auftrian Flanders all the lofles which they 
 may fufFer, in cafe the fea fhonld happen to make 
 inundations by rea(bn of the f >i efaid fortitications. 
 
 From the foremendoned pod a line fhall be drawn 
 tTiredlly to the Goteweegie, whence the line ihall be 
 continued to Hey it, from Heyft it Hi all extend to 
 Driehoek and Swarte-Sluas, thence to Fort St. Do- 
 aas, which his Imperial and Catholic Majefty \ 
 m propriety and fovereignty to their High Mighti- 
 ftefles (provided the gates of the flukes at the tid 
 fort fhali be and remain taken off in time of peace ;) 
 and likewife yields the ground fuuate to the north of 
 ifae line above-defcribed. 
 
 From Fort St. Donas the new limits of the States 
 General fhall extend to Fort St. Job, whence they fhali 
 rum into the amrent limits near the town of Middle- 
 bourg, which limits fhall ftretch along the Zydlingf- 
 dyke to the place where the Eeckeloofcwatergang and 
 die Watcrloop meet at a fluice. 
 
 Thence the Graaf Janfdyke fhall carry them on to- 
 the village of Bouchoute (the perfons interefted in the 
 fiuices there being permitted to replace them where 
 they were formerly) and from tlie faid Bouchoute the 
 line fhall be continued directly to the ancient limit* of 
 tke States General,
 
 AUSTRIAN" ^NETHERLANDS, oai ; 
 
 His Imperial -and Catholic Majefty yields Ekewifc 
 in full and entire fovereignty to the States General,- 
 the territory fituate northward of the faid line. 
 
 And whereas, for their entire fecurity, it is neceCarf 
 the inundation Ihould be continued from Bouchoute 
 to the canal of the Sas van Ghent along the Graaf 
 Janfdyke, it fhall be lawful for their High Mighti- 
 fiefles, in time of war, to poflefs and cauie to be for- 
 tified all the iluices in the Graaf Janfdyke and Zyd-' 
 Hngfdyke. 
 
 As for the town of Sas van Ghent, the limits fhall 
 be extended to the ditlance of two thoufand geome- 
 trical paces, provided there be no villages included in 
 that coinpais of ground.' 
 
 And for the prefervation of the lower Schelde, and 
 of the communication between Brabant and that part 
 of Flanders belonging to the States General, his Im- 
 perial and Catholic Majefty yields in full and entire 
 propriety and fovereignty to the States General, the 
 village and Polder of Doel, as aifo the Polders of St. 
 Anne and of Ketenifle. 
 
 And whereas in time of war it will be needful, for 
 the greater fecurity, to make inundations by the fluices 
 between the forts Mary and Pearl, his Imperial and 
 Catholic Majefty will, as fxmas the barrier ihall be 
 Attacked, or the war begun, commit the keeping of 
 fort Pearl and the iluices to their High Mightinefics ; 
 on condition, that when the war ceafes, they fhall re- 
 ftore thofe fluices, and the faid fort Pearl, to 'his Im- 
 perial and Catholic Majefty, as aifo thofe which they 
 (hall have taken into their pofTeffion in the Graaf Janf- 
 dyke and Zidlingfdyke. The States General ihall not 
 make any inundation in time of peace, and when they 
 think themfelves obliged to make any in time of war, 
 they fhall previouily give notice. of it to the governor 
 general of the Netherlands, and concert the matter 
 with the.generals commanding the atmies in the Ne- 
 therland.. Promifing befides, that if by reafon of the, 
 cefTion of- fome fluices (the free : ufe of which the in- 
 i ." ".* ' habitants
 
 222 TREATIES WITH THE [1496 
 
 habitants of the Auftrian Flanders fhall retain in time 
 of peace) the faid inhabitants fhould happen to fuffer 
 fome damage or prejudice, either by the command- 
 ing or other military officers, the States General will 
 not only immediately redrefs the fame, but will like- 
 wife make good the lofs of the perfons concerned. 
 
 And feeing by this new fituation of the limits, it 
 will be neceflary to remove the cuftom -offices, for 
 preventing frauds, in which his Imperial and Catholic 
 Majefty, and their High Mightinefles, are equally 
 concerned, it Ihall be agreed at what places to eftablifh 
 thofe offices, and what farther precautions to take, as 
 fliall be judged neceflary. 
 
 It is farther ftipulated by this article, that before the 
 ratification of the prefent treaty, a computation fhall 
 be made of the revenues which the Sovereign receives 
 from the lands that Ihall be yielded to their High 
 Mightinefles by this article; as allb of the profit that 
 has arifen to the Sovereign by die renewal of grants, 
 upon the foot on which they have been beftowed for 
 thefe thirty years laft pad ; to be deducted and abated 
 out of the annual fubfidy of five hundred thoufand 
 crowns. 
 
 And the Roman Catholic religion fhall be preferved 
 and maintained in the places yielded as above, in all 
 refpec~b on the foot it is now exercifed there, and as it 
 was in the time of King Charles II. of glorious me- 
 mory, and the privileges of the inhabitants fhall in 
 like manner be preferved and maintained. 
 
 The fort of Roden Huyfen fhall be razed, the dif- 
 ferences concerning the canal of Bruges fhall be re- 
 ferred to the decifion of neutral arbitrators to be chofea 
 on both fides ; but it is underftood that by the ceflion 
 of fort St. Donas, thofe of the town of Sluys fliall not 
 have more right to the faid canal than before that 
 ceflion. 
 
 XVIII. His Imperial and Catholic Majefty yields 
 to their High Mightinefles the States General for ever, 
 in full fovereignty and propriety, in die upper quarter 
 
 of
 
 1 743.] AUSTRIAN NETHERLANDS. 223 
 
 of Gelderland, the town of Venlo with its Banlieue, 
 and the fort of St. Michael, as alfo the fort of Steven- 
 fwaert with its territory or Banlieue, together with as 
 much ground as is neceflary for enlarging their forti- 
 fications on this fide of the Maefe j and his faid Ma- 
 jefty promifes never to caufe to be built, or to fuffer 
 another to build, any fortification, by what name fo- 
 ever, within the diftance of half a league of the faid 
 fortrefs. 
 
 His Imperial and Catholic Majefty yields alfo to the 
 States General the Ammanie of Montfort, confifling, 
 (the villages of Swalmt and Elmt excepted, which 
 he referves to himfelf) of the fmall towns of Neu- 
 ftadt and Echt, with the following villages; that is to 
 fay, Ohe, and Laeck, Roaftren, Braght, Befel, Belfen, 
 Vlodorp, Poftert, Berg, Lin, and Montfort, to be 
 poflefied by the faid States General in the manner 
 they were poflefled and enjoyed by his Majefty King 
 Charles II. of glorious memory, with the prefectures, 
 bourgs, fiefs, lands, eftates, quit-rents, rents, revenues, 
 tolls, of what nature foever, fubfidies, contributions, 
 and collections, feudal, domanial, and other rights what- 
 Ibever, belonging to the faid places yielded as above ; 
 the whole however without prejudice to, and with a 
 refervation of all the rights which may belong to his 
 Majefty the King of Pruflia; and this notwithstanding 
 all exceptions, pretenfions, or oppofitions, made or 
 to be made, to difturb the States General in the 
 peaceable pofTeflion of the places yielded by the pre- 
 fent article, all agreements, conventions, or dilpofi- 
 tions contrary to the prefent article being deemed 
 null and of no validity. But it is underftood, that 
 this ceflion is made with this exprefs claufe, that the 
 ftatutes, antient cuftoms, and generally all the pri- 
 vileges, civil and ecclefiaftical, as well with relpect to 
 the magiftrates and private perfons, as to the churches, 
 convents, monafteries, fchools, feminaries, hofpitals^ 
 and other public places, with all their appurtenances 
 and. dependencies! as alfo the diocefan right of the 
 
 Biihop
 
 TREATIES WITH THE [1496 
 
 Bifhop of Ruremonde, and generally whatever con- 
 cerns the rights, liberties, immunities, functions, 
 ufages, ceremonies, and exercife of the Catholic re- 
 ligion, fhall be preferred, and fhall fubfifr. without 
 any change or innovation to be made directly or in- 
 directly, in all the places yielded as above, in the man- 
 ner as at the time of King Charles II. of glorious 
 memory, and as it fhall be explained on both fides 
 more amply in cafe any difputc happens on this fub- 
 ject; and the magiftracy, and other offices of the 
 civil adminiftration, (hall not be given to any other 
 perfons than fuch as are of the Catholic religion. 
 
 The right of collating to benefices, which has hi- 
 therto been in the Sovereign, fhall henceforward be- 
 long to the Bifhop of Ruremonde, on condition that 
 the faid benefices lhall not be given to other perfons 
 than fuch as fhall not be difagreeable to the States 
 General, for reafons to be particularly alledged. 
 
 It is alfo ftipulated, that the States General fhall 
 not pretend to have acquired by die ceffion of the 
 town of Echt any right of judicature, or of appeal, 
 with relation to the chapter of Thorn, or other terri- 
 toiities of the empire, and his Imperial and Catholic 
 Majefty fhall be free to name fuch place as he fhall 
 think proper for the faid judicature or appeal. 
 
 And feeing the inhabitants of that part of the upper 
 quarter which is dius yielded, can no longer remove 
 their fuits, in cafe of appeal, to the court at Ruremonde, 
 their High Mightinefies fhall be at liberty to erect a 
 court of appeal for their fubjccts in fuch place of tac 
 province as they fhall think fit. 
 
 It is farther agreed, that the duties of importation 
 and exportation, which are levied all along the Maefe, 
 fhall not be railed or lowered, in all or in part, but by 
 common confept, of which duties his Imperial and 
 Catholic Majefty fhall have die produce to himfelf of 
 what is collected at Ruremonde and Navagne, and the 
 Lords the States General thofe which are collected ut 
 j and as thofe duties on the Macfc in general,
 
 1 743-] AUSTRIAN NETHERLANDS. 225; 
 
 as alib thofe on the Schelde additionally, are ap- 
 propriated to the payment, of two diftinct annuities ; 
 that is to fay, one of fourfcore thoufand, and one of 
 twenty thoufand florins yearly, by virtue of the contract 
 made and concluded the twenty-fixth of December, 
 one thoufand fix hundred eighty-feven, with his late 
 Majefty of Great Britain William III. it is agreed, 
 that their High MightinelTes, on account of the fore- 
 mentioned ceffion, fhall aflift his Imperial and Catho- 
 lic Majefty in the yearly payment of the faid annuities, 
 and other debts for which they may be mortgaged, 
 proportionably to the produce of the duties out and 
 in which they fhall receive, the whole according to 
 the fettlements of the faid annuities. 
 
 And as to the debts and incumbrances contracted and 
 charged upon the generality of the upper quarter, the 
 States General (hall concur in the payment thereof, 
 as to their quota, according to the proportion fpecified 
 in the regifter of the whole upper quarter afore laid, 
 
 All die records and papers which concern the upper 
 quarter of Guelderland, fhall remain as formerly in 
 the archives of Ruremond ; but it is agreed that an 
 inventory or regifter of them fhall be made under the 
 joint infpection of the commifiioners of his Imperial 
 and Catholic Majefty, of his PrufTian Majefty, and 
 of the Lords the States General, and an authentic 
 copy of the faid inventory fhall be given to each of 
 the three Powers, that they may have always free ac- 
 cefs to all the papers and records for which they have 
 occafion, with refpect to that part which they poflefs 
 in the faid upper quarter of Guelderland, and 01 which 
 an authentic copy fhall be delivered to them at the 
 firft demand. 
 
 XIX. In confideration of the great charge and 
 extraordinary expence which the States General are 
 indifpenfabiy obliged to be at, as well for maintaining 
 the great number of troops, which they have engaged 
 themfelves by this prefent treaty to keep in the towns 
 
 VOL. I. Q above-
 
 226 TREATIES WITH THE [1496 
 
 above-named, as for defraying the great expcnce ah- 
 folutcly necefTary for keeping up and repairing the for- . 
 tifications of the faid places, and for furnifhing them 
 with ammunition and provifion, his Imperial and Ca- 
 tholic Majefty engages and promifes to caufe to be 
 paid annually to the States General the- fum of five 
 hundred thouland crowns, or twelve hundred and 
 fifty thoufand florins, Dutch money, over and above 
 the revenue of that part of the upper quarter of 
 Guelderland, yielded in propriety by his Imperial and 
 Catholic Majefty to the States General, by the eigh- 
 teenth article of the prefent treaty; as al'lb ovvr and 
 above the expence for lodging the troops, according 
 to the regulation made in the year one thoufand fix 
 hundred ninety-eight, in the manner which fhall be 
 particularly agreed upon; which fum of five hundred 
 thoufand crowns, or twelve hundred and fifty thouland 
 florins, Dutch money, fhall be fecured and charged, 
 as by this article it is fecured and charged upon all the 
 revenues in general of the Auftrian Netherlands, in- 
 cluding therein the countries yielded by France, and 
 particularly upon the cleared and leaft incumbcred 
 revenues of the provinces of Brabant and Flanders, 
 and upon thole of the countries, towns, caftellanies, and 
 dependencies yielded by France, as is more particu- 
 larly agreed by a feparatc article, as well for the 
 mortgage as for the method and terms of receiving 
 the laid fum ; and the faid payment of the fubfidy of 
 five hundred thouland crowns, or twelve hundred and 
 fifty thoufand florins, Dutch 'money, fhall begin from 
 the day of iigning this prefent treaty; out of which 
 -fhall be deducled, in proportion to the time, the re- 
 venues of the towns, caitellanies, and dependencies, 
 yielded by France, which fliall become due from the 
 laid day till the day \vhai the laid Ncih,-rlands fliall 
 be delivered to his Imperial and Catholic Majdly> ll.r 
 fo much, as the States General ihall have received. 
 
 XX. His Imperial and Catholic Majefty confirms 
 and ratifies by this arrjcle the capitulations granted to 
 
 die
 
 1743-1 AUSTRIAN NETHERLANDS. 227 
 
 the provinces and towns of the Netherlands formerly 
 called Spanifh, at the time they were reduced to the. 
 obedience of his faid Majefty; as alfo the general ad- 
 miniftration of the faid country exercifed therein by 
 Great Britain and the States General of the United 
 Provinces, reprefenting the lawful Sovereign by their 
 minifters who refided at BrufTels, and by the council 
 of ftate appointed for the general government of the 
 faid Netherlands, in confequence of die power and 
 inftruclions which were given to the faid council, and 
 of the requifitions which were made to it on the part 
 of the two Powers, as well in matter of royalty, of juf- 
 tice, and of civil magiftracy, as of finances; as alfo the 
 particular adminiftraticn of the ftates and provinces, 
 of the colleges, of the towns, and of the communities 
 in the open country; together with the fovereign courts 
 of juftice, and other inferior courts and judges; which 
 acts of civil magiftracy, royalty, jufrice, and finances, 
 fhall fubfift and have their full and entire effect, ac- 
 cording to the tenor of the faid acts, and of die fen- 
 tences given; the whole in the fame manner as if they 
 had been done by the lawful Sovereign of the country, 
 and under his government. 
 
 XXI. All that is contained in the preceding article, 
 fhall likewife be obferved, ratified, and maintained on 
 the part of his Imperial and Catholic Majefty with 
 refpect to the upper quarter of Guelderland, and to 
 the countries conquered from France (of which King 
 Charles the Second, of glorious memory, was not 
 po_ffefled at his deceafe) as to all the dilpofitions made 
 in the name and on the part of the States General of 
 the United Provinces. 
 
 And as for ecclefiaftical benefices and dignities, thofe 
 on whom they have been conferred, and who are pof- 
 fefTed of them, fhall not be difpoffeffed ; and thofe 
 who are not yet in pofTcfiion, fhall be admitted, with- 
 out being oppofed therein, unlefs by the methods, and 
 in the courfe of juftice, according to the laws and 
 cuftoms of the country. 
 
 2 XXII. His
 
 228 TREATIES WITH THE 
 
 XXII. His Imperial and Catholic Majefty acknow- 
 ledges and prcmites to fatisfy the obligations which 
 were entered into en the part of his Catholic Majefly 
 Charles II. of glorious memory, for the loans of money 
 which their High Mightinefics have caufed to be ne- 
 gotiated for his laid Majefty, the lift of which is fub- 
 joined at the end of this article; and as the States 
 General have not yet had delivered to them the obli- 
 gations of the States of the Spanilh Netherlands for 
 the fum of two hundred thouland florins a year, to be 
 furnifhed by them for paying the intcreft and reim- 
 burfing the principal of fourteen hundred thoufand 
 florins taken up at intereft in the year one thoufand 
 fix hundred ninety-eight, to be employed in the necef- 
 fary fervice of the frontiers of the faid Spaniih Ne- 
 therlands, and of four years intereft, amounting to the 
 fum of two hundred twenty-four thoufand florins, with 
 which the faid principal of fourteen hundred thouland 
 florins is increaled, which obligations the faid King 
 Charles II. of glorious memory had promifedto caufc 
 to be delivered, but it was not done; his Imperial and 
 Catholic Majefly hereby promifes to caufc the obliga- 
 tions to be entered into by the States of the Provinces 
 of the faid Netherlands, and to be delivered immedi- 
 ately after to the faid States General, conformably to 
 the tenor of the faid obligation of his Catholic Ma- 
 jefty of the thirtieth of May, one thoufand fix hun- 
 dred ninety-eight, at the firft meeting of the States, 
 or at fartheft within the term of two months after the 
 exchange of the ratifications of this treaty. 
 
 A Memorial of the Loans negotiated at the Rtqueft of hu 
 Catholic Majefly Charles II. of glorious Memory. 
 
 THE firft loan was of one million 
 five hundred feventy-five thoufand flo- 
 rins, on the duties in and out collected 
 at the Mary, at five per cent, by a deed \ f. i,575> oco 
 bearing date the thirteenth of Decem- 
 ber, one thoufand fix hundred and j 
 ninety. J 
 
 The
 
 I743-] AUSTRIAN NETHERLANDS. 229 
 
 The fecond was of five hundred -j 
 twenty-five thoufand florins, at five per I 
 cent, on the lame fund, by a deedexe- I f. 525,000 
 cuted the twenty-firft of March, one 1 
 thoufand fix hundred ninety-one. J 
 
 The third was of five hundred fixty- 
 feven thoufand florins, at five per cent, 
 on the revenues of the upper quarter off 
 Guelderland, by a deed of the fifteenth i 
 of January, one thoufand fix hundred 
 jiinety-two. 
 
 f. 567,000 
 
 The fourth and fifth loans, of five" 
 hundred thoufand, and two hundred 
 thoufand florins, were made in purfuance 
 pf two deeds of the fourth and twenty-fe-r 
 cond of May, one thoufand fix hundred j 
 ninety-three, upon the duties in and out, 
 collected at the Mary, at fix per cent, j 
 
 f, 700,00 
 
 The fixth was of fix hundred fixty- % 
 fiye thoufand florins, on the fame fund, I 
 and at five per cent, borrowed by deed I f. 665,009 
 of the eleventh of April, one thoufancj I 
 fix hundred ninety-five. J 
 
 The feventh was of a million four*) 
 hundred and forty thoufand florins, on / 
 the fame fund, at five per cent, by deed > f. 1,440,000 
 of the twenty-fourth of November, one I 
 thoufand fix hundred ninety-five. J 
 
 The eighth, ninth, and tenth fums, of - 
 four hundred thoufand, cne hundred 
 thoufand, and three hundred thoufand! 
 florins, were borrowed by deeds of the i 
 tenth of December, one thoufand fix 
 hundred ninety-five, the twelfth of Sep-- 
 0,3 
 
 f. 800,000
 
 3o TREATIES WITH THE [1496 
 
 tember, one thoufand fix hundred nine-, 
 ty-fix, and the fixth of March, one thou- 
 fand fix hundred ninety-feven, at fivei 
 per cent, on the revenues collected at\^ /. goo QQQ 
 the Mary, and the demefnes of the* 
 province of Namur, and fupplement-' 
 ally on the demefnes of the province of 
 Luxembourg, amounting together to 
 
 The eleventh fum, of five hundred-* 
 thcufand florins, was borrowed by deed / 
 of the thirtieth of April, one thoufand (^ / cooooo 
 fix hundred ninety-fix, at fix per cent.f 
 on the revenues of the provoftfhip of\ 
 Mons. -) 
 
 The twelfth fum, of cne million four^j 
 hundred thouTand florins, at four per 
 cent, was borrowed upon the fubfidies 
 of the provinces of the Netherlands, on 
 the remittances from Spain, and fupple- 
 nrientally on the revenues collected at 
 the Mary. Item, Two hundred and >* f. 1,62 .: 
 twenty-four thcufand florins, for four 
 years intereft of the principal, conform- 
 ably to the tenor of the obligation of 
 the thirtieth of May, one thoufand fix 
 hundred ninety-eight} the total fum 
 amounting thus to ^ 
 
 XXIII. In like manner his Imperial and Catholic 
 Majefty acknowledges, approves, and confirms, all 
 the contracts for money (the lift of which is fubjoined 
 at the end of this article) which were neceffarily made 
 for the payment of feveral indifpenfable demands for 
 the prefc: vation of the Spanifh Netherlands, and for 
 maintaining the troops of his Imperial and Catholic 
 Majefty, during the provifional government of Great 
 Britain and the States General of the United Provinces, 
 
 and
 
 I743-] AUSTRIAN NETHERLANDS, aji 
 
 and done by their High Mightinefies in concert with 
 his Majefty of Great Britain. His Imperial and Ca- 
 tholic Majefty promifmg to fatisfy the fame, and to 
 caufe the faid contracts to be duly regiftered in the 
 chambers of the Finances and of Accompts, and to caufe 
 a certificate thereof in form to be delivered to their 
 .High MightinerTes, and the principal and intereft to 
 be paid out of the funds and mortgages, both principal 
 and additional, appropriated for that purpofe: nor 
 lhall his Imperial and Catholic Majefty make, unlefs 
 with the confent of the States General, any change in 
 the direction or adminiftration of the mortgages upon 
 which the contracts were entered into, but will leave 
 them to their High Mightineffes, conformably to the 
 tenor of the obligations; and if thofe funds fhould 
 not be fufficient, the deficiencies 'lhall be made good 
 by the States of the provinces of the faid Auftrian 
 Netherlands. 
 
 An Account of the Sums negotiated during the provi- 
 fional Government of his Britannic Majefty, and of 
 their High Mightineffes > in the Netherlands. 
 
 I N one thoufand feven hundred and" 
 feven were borrowed three hundred 
 thoufand florins, at five per cent, on the 
 revenues of the poft- office, to be fent 
 to the King at Barcelona; alfo four 
 hundred thoufand florins,at five per cent, f f. 700,000 
 on the duties of importation and ex- 
 portation in Flanders, for the neceflary 
 fervices in the Netherlands : the intereft 
 of the faid four hundred thoufand florins 
 was afligned on the pod-office. 
 
 In the month of February, one thou-"| 
 fand feven hundred and nine, were bor- 
 rowed two hundred and fifty thoufand ' / 
 florins, at five per cent, on the duties col- j "* > 
 lected at the Mary, for maintaining the | 
 Imperial and Palatine troops. J 
 
 In
 
 TREATIES WITH 
 
 THE 
 
 [1496 
 
 In the month of May, one thoufand") 
 feven hundred and nine, was borrowed I 
 the fum of five hundred tnoufand florins, ? f. 500,000 
 at five per cent, on the fame conditions, I 
 on the fame fund, and for the fame ufe. J 
 
 In the month of Augnft was farther "J 
 borrowed a fum of ten hundred thou- I 
 fand florins, at five percent, on the fame > f. i,ooc,ooo 
 terms, the fame fund, and for the fame I 
 ufe. J 
 
 In one dioufand feven hundred and" 
 ten, was negotiated a fum of three hun- 
 dred thoufand florins, at fix per cent, on 
 
 the revenue of the port-office, for de- 
 
 t f. 300,000 
 
 fraying the charge of the Imperial and 
 Palatine troops in the ier^jce of hjs 
 Imperial and Catholic Majefty. 
 
 Item, on the duties in and out afl 
 Flanders, a fum of four hundred thou- 
 fand florins, for fupplying the expence 
 of the Imperial troops, at fix per cent. ) f. 400,000 
 fhat is to fay, five per cent, payable out I 
 of the dutic-s in Flanders, and one per 
 cent, out of the revenues at the Mary, j 
 
 Item, on the fame fund, and at fix "I 
 cnt. namely, five per cent, on the I 
 duties in and out of Flanders, and one | 
 per cent, on the revenues at die Mary, V f. 300,000 
 the fum of tliree hundred thoufand flo- j 
 rir.s, for fupporting die expence of the 
 Imperial troops. 
 
 Item, on the lame fund, and at fix") 
 per cent. viz. five per cent, on the duties j 
 in and out of Flanders, and one per | 
 cent, on the revenues at the Mary, the ) f. 340,625 
 fum of three hundred and forty thoufand 
 fix hundred and twenty-five florins, to 
 fupply die expence of the Imperial troops, j 
 
 Item,
 
 1743-] AUSTRIAN NETHERLANDS. 333 
 
 Item, on the revenues of the Mary,! 
 
 at five per cent. the. fum of three him- I o OO . O oo 
 
 dred thoufand florins, tor defraying the I 
 
 charge of the Imperial troops. J 
 
 In the month of March, one thou- -x 
 
 fand feven hundred and eleven, was/ 
 
 borrowed the fum of three hundred^ 300,000 
 
 thoufand florins, at fix per cent, on thef 
 
 revenues of the poft-office, for fupply- \ 
 
 ing the charge of the Imperial troops. -> 
 In December, one thoufand fevenl 
 
 hundred and twelve, was negotiated on I 
 
 the revenues at the Mary, two hundred | 
 
 and twenty-eight thoufand three huh- i 128,310 
 
 dred and thirty florins, at five per cent. 
 
 for the neceffary occalions, and for the 
 
 fortifications of Mons, St. Ghilain, and ( 
 Ath. J 
 
 All the faid loans together making the fum ^ of 
 four millions fix hundred and eighteen thoufand nine 
 hundred and fifty-five florins ; the expenditure of 
 which, as well as of the fum of five hundred and fifty 
 thoufand florins, which the receivers of the duties of 
 importation and exportation in Flanders have paid m 
 bills of exchange to the States General in the year 
 one thoufand feven hundred and ten, of an hundred 
 thoufand florins which they have received of the re- 
 ceiver of the Medianates, and of 'one hundred and 
 five thoufand florins (errors in the account excepted) 
 which they have received of the third chamber of the 
 council of Flanders, has been certified to the mmifter 
 plenipotentiary of his Imperial and Catholic Majefty, 
 in the manner the fame is more particularly fet forth 
 by his declaration at the bottom of the account of the 
 contracts and money lent, and of the expenditure of 
 the faid money, figned this day. 
 
 XXIV. An account fhall be fettled, as foon as the 
 fame can be done, of what has been paid of the in-
 
 13-t TREATIES WITH THZ [1496 
 
 tereft and principal of the loans mentioned in the two 
 preceding articles, in which account nothing (hall bo 
 charged 'to their High Mightinefles, but what fhall 
 appear to have been actually and really paid, by virtue 
 of the faid obligations; nor, on the part of his Impe- 
 rial and Catholic Majcfty, fhall any difficulty be raifed 
 againft the payment of the faid intereft, or any pre- 
 tence of abatement or diminution, on account of the 
 non-poffefilon of mortgages, confifcation in time of 
 war, the finking of the value of the faid mortgages by 
 reafon of the diminution of the duties of importation 
 and exportation, or any other caufe or pretext v 
 ever. 
 
 Nor while the faid account is fettling, fhall payment 
 be difcontinued on the part of his Imperial and Ca- 
 tholic Majefty; but the intereft and terms of reim- 
 burfement fhall be continued, purfuant to the condi- 
 tions exprefled in the obligations, till it fhall appear 
 that all the loans and intereft of them are entirely 
 cleared and paid of after which the mortgages lhall 
 be duly difcharged and reftored, 
 
 XXV. Moreover, by this prefent article are ratified 
 and confirmed all the contracts for bread-waggons, and 
 forage for the Imperial and Palatine troops, made by 
 the minifters of the two Powers at Brufifels, or by the 
 council of ftate appointed for the government of the 
 Netherlands, at the requifition of the faid minifters; 
 and in like manner are confirmed and ratified all pay- 
 ments already made on thofe contracts, by the council 
 of the finances, and die orders delivered by the laid 
 council for afligning what remains due for the faid 
 bread, forage, and waggons, on the furplufage of the 
 'duties arifing by the four fpecies, purfuant to the re- 
 quifuions of the council of ftate; nor lhall the faid 
 fiirplufage of thofe duties be diverted to other ufes, 
 under any pretext whatever, before the undertakers 
 who furnifhed the faid bread, forage, and waggons, 
 are entirely fmsfied, according to the tenor of their 
 contracts, purfuant to the requifitions of the minifters 
 
 of
 
 I743-1 AUSTRIAN NETHERLANDS. 235 
 
 of the two Potentates, and to the orders of the council 
 pf ftate, and of that of the finances. 
 
 XXVI. As for what . relates to commerce, it is 
 agreed, that the fhips, merchandizes, and goods, 
 coming from Great Britain, and from the United Pro- 
 vinces, and entering into the Auftrian Netherlands; 
 as alfb the fhips, merchandizes, and goods going out 
 of the faid Netherlands for Great Britain and the 
 United Provinces, fhall pay the duties of importation 
 and exportation upon the fame foot on which they are 
 collected at this time, and no other ; and particularly 
 in fuch manner as they have been regulated before the 
 figning of the prefent treaty, according to the requifi- 
 tion made to the council of ftate at Bruffels by the 
 minifters of the two Potentates, dated the 6th of No- 
 vember ; and fo the whole fhall remain, continue, and 
 fubfift in general on the faid foot, without any alte- 
 ration, innovation, diminution, or augmentation, under 
 any pretext whatever, till his Imperial and Catholic 
 Majefty, his Britannic Majefty, and the Lords the 
 States General fhall agree otherwife by a treaty of com- 
 merce to be made as foon as may be; commerce, and 
 every thing depending thereon, between the fubjects of 
 his Imperial and Catholic Majefty in the Auftrian Ne- 
 therlands, and thofe of the United Provinces, re- 
 maining in whole, and in part, on the eftablifhed foot, 
 and in the manner fpecified by the articles of the 
 treaty made at Munfter the thirtieth of January, one 
 thoufand fix hundred forty-eight, between his Majefty 
 King Philip the Fourth, of glorious memory, and the 
 faid Lords the States General, concerning commerce, 
 which articles are now confirmed by this prefent ar- 
 ticle. 
 
 XXVII. That .the fortifications, and all the works 
 of the citadel of Liege, as alfo thofe of the caftle of 
 Huy, with ail the forts and works, fhall be razed and 
 demolifhed, and never be rebuilt, or made up again: 
 but it is underftood that the faid demolition fhall be 
 
 made
 
 TREATIES WITH THE [149$ 
 
 made at the expence cf the States of the country of 
 Liege, to whom the materials (hall be left, to be fold, 
 and to be removed elicwhere. The whole to be done 
 by the orders and under the direction of the States 
 General, who for that purpofe (hall fend perfons qua- 
 lified for the direction of the faid demolitions ; the 
 working upon which mall be begun immediately after 
 the figning of the prelent treaty, and fhall be finifhed 
 within three months, or fooner, if poflible ; and in 
 the mean time the garrifons of the States General mall 
 not march out of the faid places before the demolition 
 is finifhed. 
 
 XXVIII. And for the greater fecurity and fuller 
 execution of the preient treat)-, his Britannic Majefty 
 promifes and engages to confirm it, and to guaranty 
 it in all the points and articles thereof, as by this ar- 
 ticle he does confirm and guaranty the fame, 
 
 XXIX. The prefent treaty (hall be ratified and ap 
 proved by his Imperial and Catholic Majefty, by his 
 Britannic Majefty, and by the Lords the States Ge- 
 neral of the United Provinces, and the letters of rati- 
 fication (hall be delivered within the term of fix weeks, 
 or fooner, if poflible, to be reckoned from the day of 
 figning. 
 
 In witnefs whereof, we the Minifters Plenipoten- 
 tiaries of his Imperial and Catholic Majefty, of 
 his Britannic Majefty, and of the Lords the 
 States General, by virtue of our refpec~bive powers, 
 have in their faid names figned thefe prefents in 
 our ufual manner, and caufed the feals of our 
 arms to be put thereto. Done at Antwerp, this 
 fifteenth of November, one thoufand feven hun- 
 dred and fifteen. 
 
 (L. S.) J. L. C. de Kinigfegg. (L. S.) W Cadogan. 
 (L.S.) B. V. Du/en. (L. S.) LeComtedeRecbt&a:. 
 (L. S.) S. L. Gockiaga. 
 (L. S.) Adr. Van Bor/ele. 
 Cfldcrmalfen. 
 
 Form
 
 1743-] AUSTRIAN NETHERLANDS. 237 
 
 Form of the Oath for the Governor of Dendermonde. 
 
 I N. N. appointed governor by his Imperial and 
 Catholic Majefty at Dendermonde, promife and fwear, 
 that I will never do any thing, nor fuffer any thing to 
 be done in the faid town, that may be prejudicial to 
 the fervice of their High Mightineffes the States Ge- 
 neral of die United Provinces, with refpect to the 
 preservation of the town and of the garrifon ; and that 
 I will give free pafiage to .their troops whenever and 
 as often as they fhall defire it, provided requifition be 
 previoufly made, and that the faid troops do not pals 
 but in a moderate number at a time ; the whole con- 
 formably to the fifth article of the treaty of barrier, 
 a copy of which has been communicated to me. So 
 help me God. 
 
 Form of the Oath for the Governor of Places. 
 
 N. N. I fwear and promife to keep faithfully, in 
 the fovereignty and propriety of his Imperial and Ca- 
 tholic Majefty which is intrufted to me, 
 and never to deliver it up to any other Power; and that 
 I will not meddle directly or indirectly, nor fuffer any 
 one whatever under my government, to meddle in any 
 affair concerning die civil government, religion, and 
 matters ecclefiaftical, juftice, and finances, nor in any 
 thing whatfoever againft the rights, privileges, and im- 
 munities of the inhabitants, as well clergy as laity^ or 
 in any other affair that has not immediate relation to 
 the prefervation of the place which is intrufted to me, 
 and to the maintaining of the garrifon committed to 
 my carej but that I will leave all thofe things to his 
 Imperial and Catholic Majefty, as the lawful Sove- 
 reign, and to the ftates and magiftrates, as well ec- 
 clefiaftical as civil, fo far as it belongs to either of 
 them 5 promiiing, on the contrary, to affift them by 
 force and arms, whenever and as often as I fhall be 
 required fo to do, for maintaining the civil order, and 
 for the prefervation of tranquillity againft all who 
 
 would
 
 138 "TREATIES WITH TH* [1496 
 
 would make oppofhion thereto } but I am alfo to be 
 allowed to execute the orders which the States Gene- 
 ral (hall give me, confonant to, and in execution of, 
 the treaty between his Imperial and Catholic Majcfty 
 and their High Mightinefles. So help me God. 
 
 ' Here follows the 'fenor of the Full Power of the 
 Minifter Plentydsntiary of bis Imperial and Catho- 
 lic Maje/ly. 
 
 \VE Charles the Sixth, by the Divine clemency 
 elected Emperor of the Romans, always Augull, King 
 of Germany, Spain, Hungary, and Bohemia, &c. 
 Archduke of Auftria, Duke of Burgundy, Brabant, 
 Styria, Carinthia, Carniola, and \Yirtembcrg, Count 
 of Flanders, Habfpurg, Tyrol, and Goritia, &c. &c. 
 The negotiation of peace which in the month of 
 March laft was begun at Railad, between us and the 
 moft Serene and Potent Prince and Lord Lewis XIV. 
 the moft Chrittian King of France, being now, by the 
 blefling of God, in a fair way to a conclufion, and 
 that affair being now in fuch forwardnefs, that the 
 treaty for the fecurity of the States General of the Uni- 
 ted Netherlands, called the Limitary or Barrier Trea- 
 ty, may forthwith be fet about, and amicably tranf- 
 afted on both fides ; we therefore, relying on the fklr- 
 lity, prudence, and experience of our and the Holy 
 Roman Empire's beloved and faithful, the Illuftrious 
 and Noble Jofrph Lothair Count Konigfcgg, our 
 Chamberlain, Counfcllor of War, and Lieutenant 
 Field Marfhal General, have by thefe prefents autho- 
 rized him wkh full power for this purpofe, giving him 
 all manner of licence, in our name to confer, treat, 
 ^nd tranfaft with the Deputies of the forefaid States 
 General, authorized with like orders, in fuch phre 
 as (hall be mutually chofen for this treaty, of and 
 'upon the faid limits j promifing, on our Imperial and 
 Royal word, to confirm, ratify, and approve all and 
 fingulnr the things he (hall fo treat, conclude, and 
 traniad, in the' time manner as if we ourielves being 
 i prefent
 
 1743-] AUSTRIAN NETHERLANDS. 
 
 preient had come and tranfafbed them. In witnefs 
 \vhereof we have figned thefe prefents with our own 
 hand, and commanded our Imperial Royal feal to be 
 put thereto. Given in our city of Vienna, the 6th 
 day of Auguft, in the year one thoufand feven hun- 
 dred and fourteen, and in the third year of our Ro- 
 man, the eleventh of our Spanifh, and the fourth of 
 $mr Hungarian and Bohemian reign. 
 
 . (Signed) CHARLES. 
 
 And underneath, Joan. Frid. C. a Seilern. 
 
 Philip Lud. C. a Sinzcndorff. 
 
 By his Sacred Imperial Majefty's exprefs command, 
 Signed, Joannes Georghis BuoL 
 
 Here follows the T'enor of the Full Power of the Mi~ 
 nifter Plenipotentiary of his Britannic Majefty. 
 
 GEORGE, by the grace of God, King of Great 
 Britain, France, and Ireland, Defender of the Faith, 
 &c. To all and fingular to whom thefe prefent let- 
 ters fhall come, greeting. Whereas by the treaty 
 between our late deareft fifter and coufin Anne, Queen, 
 of Great Britain, France, and Ireland, and -the High 
 and Mighty Lords the States General of the United 
 Provinces of the Netherlands, made at Utrecht on the 
 
 Nineteenth i r i i r T i 
 
 . ihll . tieth ' day of the month of January, an the year 
 one thoufand feven hundred and ^-~^~- n , it was con- 
 eluded and agreed, that the boundary commonly called 
 the Barrier of the faid Lords the States General in 
 the Spanifh Netherlands fhould be eftablifhed, and 
 rules of commerce in the faid provinces fettled, when 
 his Imperial and Catholic Majefty fhould enter into 
 the pofleflion of them - 3 we have judged it for the in- 
 tereft of us and of our kingdoms, and very much 
 for the advantage of our common friends, to nomi- 
 nate fome fit perfon, every way qualified for fuch a ne- 
 gotiation, to repair on our part to the congrefs which 
 is to be held at Antwerp, and there carefully to fee 
 
 to
 
 TREATIES WITH THE 
 
 to the eftablilhing of the faid barrier and of com- 
 merce. Know ye, therefore, that we intirely relying 
 on the fidelity, prudence, and experience in negotia- 
 tions, of our trufly and well-beloved William Cado- 
 gan, Efq; our Envoy Extraordinary to the High and 
 Mighty States General of the United Provinces of the 
 Netherlands, a Member of our Parliament of Great 
 Britain, Mailer of our Robes, Lieutenant General of 
 our forces, and Colonel of our fecond regiment of 
 guards, have named, conflicted, made, and ordained, 
 as by thefe prefents, figned with our Royal ham I, MO 
 do nominate, conflitute, make, and ordain him to be 
 our true, certain, and undoubted Commiffk-ner, Pro- 
 curator, and Plenipotentiary, giving and granting to 
 him all and all manner of licence, power, and au- 
 thority, together with general as well as fpecial order, 
 for us and in our name to meet, treat, confer, renew 
 and conclude, with the Minifters of his Imperial and 
 Catholic Majefty, and of the Lords the States Gene- 
 ral of the United Netherlands, and with die Miniftcrs 
 of any other Princes andStateswhatfoever, authorized 
 with like fufficient power, at Antwerp, or in any other 
 place, upon fuch aii lances, conventions, and articles, 
 whether fecret or feparate, and all other tilings which 
 may mofl conduce to the obtaining happily the fore- 
 faid end, and in our name to fign and mutually de- 
 liver and receive whatever (hall be by him fo renew- 
 ed, concluded, and agreed, and to do and perform all 
 things elle whatfoevcr which are neceflary to be done, 
 in as ample manner and form as we ourfclf, were 
 we prefent thereat, could do and perform ; engaging 
 and promifing, on cur Royal word, to ratify, approve, 
 and accept in the beft manner, what fhall be renewed 
 and concluded by cur faid Commiflioner, Procurator, 
 and Plenipotentiary, and never to fuffer the fame to 
 be violated or infringed in whole or in part by any 
 pc-rfon whatfoever. In witnefs and confirmation 
 whereof we have caufed our great feal of Great Bri- 
 tain to be affixed to thefe prefents, figned with our 
 
 Royal
 
 1743-3 AUSTRIAN NETHERLANDS. 241 
 
 Royal hand. Given t our palace at St. James's, the 
 eleventh day of October, in the year of our Lord 
 one thoufand feven hundred and fourteen, and of our 
 reign the firft. 
 
 (Signed) GEORGE R. 
 
 Here follows the Tenor of the Powers of the Minifters 
 Plenipotentiaries of the Lords /^States General. 
 
 THE States General of the United Provinces of 
 the Netherlands, to all and fmgular whom it does or 
 in any manner may concern, greeting. Whereas in 
 the prefent ftate of affairs, nothing is more defired by 
 us, than that a fpeedy agreement be made between 
 his Sacred Imperial Majefty and us, upon every 
 thing neceflary for eftablilhing the boundary commonly 
 called the Barrier, in the provinces of the Spanifrj 
 Netherlands, for our fecurity-j we therefore relying on 
 the prudence, experience, and fidelity of M. Bruno 
 Vander Dufien, formerly Burgomafter, now Senator, 
 Counfellor, and Syndic of the town of Gouda, Af- 
 feflbr of the Council which has the adminiftration of 
 the territory of Schiland, and Dykegrave of the dif- 
 trict of Crimp ; Adolphus Henry Count Rechteren, 
 Lord of Almeloe, chief Burgomafter of Zalland in 
 Overyfiel ; Seato van Gockinga, Senator of the town 
 of Groninguen ; and Adrian van Borflelen, Lord of 
 Gueldermalfen, Senator of the town of Flufhing ; the 
 three former being Deputies in our Aflembiy from the 
 provinces of Holland and Weftfrifcland, Overyflel and 
 Groninguen, and the Ommelands, the fourth a De- 
 puty from Zealand in the Council of State; have no- 
 minated, elected, and conftituted, . as we do hereby 
 nominate, elect, and conftitute them to be our true 
 and undoubted Plenipotentiaries, for conferring, treat- 
 ing, and concluding, with him or them who on the 
 part of his Sacred Imperial Majefty fhali be appointed 
 with like power, whatever they lhall judge neceflary 
 and ufcful on both fides for eftabiifhing the faid Bar- 
 rier, with all things belonging thereto j giving and 
 
 VOL. I, R granting
 
 242 TREATIES WITH THE [1496 
 
 granting for this purpofe to all our faid Plenipoten- 
 tiaries jointly, or to fome, and even to any one of 
 them feparately, the reft being abient or otherwife hin- 
 dered, full and all manner of power, together with 
 general as well as fpecial order, to traniact, conclude, 
 Same, fign, and fubfcribe the neceflary inftruments in 
 this affair, and finally to do every thing which we our- 
 felves, were we prefent, might have power to do, 
 even though a more fpecial order might feem requi- 
 fite : promifing bond fide to accept, ratify, and ap- 
 prove whatever all our above-named Plenipotentiaries 
 jointly, or fome, or even one of them feparately, the 
 reft being abfent, or otherwife hindered, fhall by vir- 
 tue of thefe prefents tranfact and conclude, and to 
 make out and deliver in due form the inftruments of 
 ratification thereupon. In witnefs whereof we have 
 caufed thefe prefents to be fealed with our great foal, 
 and to be figned by die Prefident of our Aflembly, 
 and counterfigned by our Greffier. Hague, the twen- 
 ty-eighth day of September, in the year one thoufand 
 fcven hundred and fourteen. 
 
 (Signed) A. Vetters. 
 
 By command of the forementioned States General, 
 (Counterfigned) F. Fagd. 
 
 W E having feen and confidered the treaty above- 
 written, have approved, ratified, and confirmed, as by 
 thefe prefents, for us, our heirs and fucceflbrs, we do 
 approve, ratify, and confirm the fame, in all and every 
 the articles and claufes thereof; engaging and promi- 
 fing on our Royal word, facredly and inviolably to per- 
 form and obferve the forefaid treaty, and all and fm- 
 gular the contents thereof, and never to fuffer (as fir 
 as in us lies) any one to violate, or in any wife to 
 aft contrary to the fame. In witnefs and confirmation 
 whereof we have commanded our great feal of Great 
 Britain to be affixed to thefe prefents, figned with 
 our Royal hand. Given at our palace a: St. James's, 
 
 the
 
 1743-] AUSTRIAN NETHERLANDS. 243 
 
 the thirteenth day of the month of November, in 
 the year of our Lord 1715, and of our reign the fe- 
 cond. GEORGE R. 
 
 GEORGE, by the Grace of God, King of Great 
 Britain, France, and Ireland, Defender of the Faith, 
 &c. To all and fmgular to whom thefe prefent let- 
 ters fhall come, greeting. Whereas a certain fepa- 
 rate article, belonging to the treaty for eftabliihing 
 the boundary, commonly called the Barrier, concluded 
 at Antwerp on the fifteenth day of this prefent month 
 of November, was at the fame pjace and on the fame 
 day flgned by the fame Miniilers Plenipotentiaries em- 
 powered refpectively with fufficient authority, in the 
 form and words following. 
 
 Separate Article. 
 
 WHEREAS in the nineteenth article of Barrier for 
 the States General of the United Provinces in the 
 Auftrian Netherlands, concluded this day, the fifteenth 
 of November, one thoufand feven hundred and fifteen, 
 between his Imperial and Catholic Majefty, his Bri- 
 tannic Majefty, and the faid Lords the States Gene- 
 ral, it is agreed to explain more particularly, by a fe- 
 parate article, what relates to the mortgages, and the 
 methods of receiving the fubfidy therein mentioned ; 
 his Imperial and Catholic Majefty, for the better fe- 
 curing and facilitating the payment of the faid fubfidy 
 of five hundred thoufand crowns, or twelve hundred 
 and fifty thoufand florins, Dutch money, yearly, agreed 
 to and ftipulated by the faid article, does charge fpe- 
 cially on the countries, towns, caftellanies, and de- 
 pendencies, yielded by France, the annual fum of fix 
 hundred and ten thoufand florins, Dutch money, ac- 
 cording to the following repartition ; that is to fay, on 
 the town of Tournay fifty-five thoufand florins, on 
 die caftellany of Tournay, called the Tournefis, twen- 
 ty-five thoufand florins, on the town and verge of Me- 
 hin ninety thoufand florins ; and- on the part of Weflr 
 R 2 Flanders,
 
 244 TREATIES WITH THE [1496 
 
 Flanders, which was yielded by France, to be paid by 
 a repartition among the towns, caftellanies, and de- 
 pendencies, according to the tranfport de Flandres, 
 four hundred and forty thoufand florins ; and for the 
 reft, on the fubfidies of the province of Brabant one 
 third, being the fum of two hundred and thirteen 
 thoufand three hundred and thirty-three florins, and 
 one-third of a florin ; and on thofe of the province of 
 Flanders two-thirds, being the fum of four hundred 
 twenty-fix thoufand fix hundred 'fixty-fix florins, and 
 two-thirds of a florin, the faid refpedtive fums amount- 
 ing together to the total fum five hundred thoufand 
 crowns, or twelve hundred and fifty thoufand florins, 
 Dutch money. 
 
 The (hare of the province of Brabant is charged 
 on the contingent of the country of Waas, including 
 Beveren, of the country of Oudenbourg, of the liber- 
 ties of Bruges, of the country of Aloft, and of the 
 town and country of Dendermonde, towards the fub- 
 fidies of shat province. 
 
 And for the better fecuring the regular payment of 
 the faid refpeftive fums, his Imperial and Catholic 
 Majefty promifes and engages, that the payment fhall 
 be made every three months, to commence from the 
 day of the figning this prefent treaty, to be paid on 
 the day the fame fhall become due. 
 
 And in default of the laid payment at the faid end 
 of three months,, his Imperial and Catholic Majefty 
 docs now, and by this treaty order die States of the 
 provinces and divifions, and the receivers of the fub- 
 fidies, as well ordinary as extraordinary, and alfo thofc 
 of his duties and demefhes, out of which the payment 
 ought to be made conformably to the repartition 
 above, that by virtue of this article, and at fight of a 
 copy thereof, they take care to pay immediately at the 
 end of each term, and without delay, to the receiver 
 general of the faid States General, or to his order, 
 the fums above fpecified, and without waiting for any 
 wther order or aflignment i this prdent article being 
 
 tt
 
 1 743.] AUSTRIAN NETHERLANDS. 245 
 
 to ftand for an order and aflignment, now and for 
 the time coming. And the faid payment fhall be al- 
 lowed them on account, on the part of his Imperial 
 and Catholic Maiefty, as if it had been made to him- 
 felf. 
 
 In default of which, or in cafe the faid States do 
 not grant the fubfidies with requifite expedition, the 
 States General {hall and may proceed to methods of 
 compulfion and execution, and even by force of arms, 
 againft the receivers, ftates, and demefnes of the faid 
 provinces and divifions, which his Imperial and Ca- 
 tholic Majefty fubjefts thereto by virtue of this arti- 
 cle ; the whole without prejudice to the right of their 
 High Mightinefles upon the other revenues of the fo- 
 vereign over and above the fubfidy of the provinces, 
 fuch as the duties of importation and exportation, the 
 impofts, the tailles, tolls, and other demefnes. 
 
 Moreover it is agreed, that the payment of the faid 
 fubfidy fhall not be delayed, much lefs refufed, under 
 pretext of compenfation, clearing of accounts, or other 
 pretenfions, of what name or nature foever they 
 may be. 
 
 And this feparate article fliall have the fame force 
 as the faid treaty of Barrier, and juft as if it were in- 
 fer ted therein word for word, and fliall be ratified at 
 the fame time as that treaty. 
 
 In witnefs whereof we the Minifters Plenipotentia- 
 ries of his Imperial and Catholic Majefty, of his 
 Britannic Majefty, and of the Lords the States 
 General, have figned this prefent article, and caufed 
 the feals .of our "arms to be put thereto. At 
 Antwerp, this fifteenth of November, one thou- 
 fand feven hundred and fifteen. 
 
 (L. S.) J. L. C. de Kinigfegg. (L. S.) IV Cadogan. 
 (L. S.) B. V. Du/en. (L. S.) Lc Comte de Rechteren. 
 
 (L. S.) S. L. Gockinga. 
 
 (L. S.) Adr. Van Eor/ele 
 Geldermalfen. 
 
 R 3 WE
 
 246 TREATIES WITH THE [1496 
 
 \V E having feen and confidercd the feparate article 
 above- written, have approved, ratified, and confirm- 
 ed, as by thefe prefents we do, for us, our heirs and 
 fuccefibrs, approve, ratify, and confirm it in all and 
 fingular the claufes thereof; engaging and promifing 
 on our Royal word fincerely and faithfully to obferve 
 and (as far as in us lies) to caufe to be obferved all 
 and every the things contained in the forefaid feparate 
 article. In witnefs and confirmation whereof we have 
 commanded our great feal of Great Britain to be af- 
 fixed to thefe prefents, figned with our Royal hand. 
 Given at our palace at St. James's, the thirtieth day 
 of the month of November, in the year of our Lord 
 one thoufand feven hundred and fifteen, and of our 
 reign the fecond. GEORGE R. 
 
 Convention madt at London tbe i6tb of July, 
 O.S. 1715. 
 
 HIS Britannic Majefty's Minifters having com- 
 plained that the commerce of his faid Britannic Ma- 
 jefty with the Auftrian Netherlands is very much 
 prejudiced by the high duties of importation laid upon 
 the coarfe woollen cloths fent from Great Britain to 
 the faid Auftrian Netherlands : the under-written Mi- 
 nifter and Plenipotentiary of his Imperial and Catho- 
 lic Majefty for the treaty of Barrier at Antwerp, de- 
 clares by thefe prefents, that his Imperial and Catho- 
 lic Majefty will confcnt to the immediate reducing of 
 the duties on the faid coarfe woollen cloths, accor- 
 ding to the following fpecification : and that in all 
 other refpects the commerce of the iubjects of his 
 Britannic Majefty, with the Auftrian Netherlands, 
 ftiall remain, continue, and fubfift wholly on the fame 
 foot as it does at prefent, without any alteration, in- 
 novation, diminution, or augmentation to be made 
 tinder any pretext whatfoever, till all the parties in- 
 tercfted {hall agree upon a treaty of commerce. 
 
 Dyed
 
 1 743.] AUSTRIAN NETHERLANDS. 247 
 
 Dyed Woollen Cloths. Fl. Sols. 
 
 A piece of the value of above 60 florins, 7 
 up to 90 J; y 
 
 A piece of the value of above 40 florins, 7 
 up to 60 | ' 
 
 A piece of the value of 40 florins, and 7 
 under 3 ] 
 
 Mixed Woollen Cloths. 
 
 A piece of the value of above 60 florins, 
 up to 90 
 
 A piece of the value of above 40 florins, 
 up to 60 
 
 A piece of the value of 40 florins, and 
 
 60 florins, 7 
 
 y > 2 10 
 
 under" . f 
 
 White Woollen Cloths. 
 A piece of the value of above 60 florins, 7 
 
 f 2 IO 
 
 up to 90 3 
 
 A piece of the value of above 40 florins, 7 
 
 up to 60 3 2 
 
 A piece of the value of 40 florins, and 7 
 
 under J 
 
 Draps de Pie (cloth to lie upon floors) of 7 g 
 
 all forts, the piece 3 
 
 Done at London this 26th of July, O. S. 1715. 
 
 (L. S.) J. L. de Kinigfegg. 
 
 Requifiticn made to the Council of State at Bruflels, the 
 
 6th of November, 1715. 
 
 I T being abfolutely necerlary, for the fervice of his 
 Imperial and Catholic Majefty, to leflen immediately 
 the duties of importation on coarfe woollen cloths 
 coming from Great Britain, and from the United 
 Provinces, on the following foot. 
 
 Woollen Cloths Dyed. 
 
 A piece of the value of above 60 florins, 7 
 
 up to 90 florins < 3 3 
 
 From 40 to 60 2 
 
 Of 40 and under i - 
 
 R 4 Mixt,
 
 24* TREATIES WITH THE [1496 
 Mixf. Fl. Sols. 
 
 A piece of the value of 60 florins, and fo 
 
 up to 90 
 
 From 40 to 60 i 10 
 
 Of 40 and under i 
 
 White. 
 A piece of the value of 60 florins, and fo? 
 
 ? 2 IO 
 
 up to 90 ) 
 
 From 40 to 60 2 
 
 Of 40 and under I 
 
 Draps de Pie (cloth to lie upon floors) of? _ g 
 
 all forts, the piece \ 
 
 And to reduce the duties of importation on bran- 
 dies diftilled from corn coming from Great Britain, 
 and from the United Provinces, to 3 florins the awm 
 inftead of 8 which is now paid. You are required, 
 Gentlemen, to give forthwith the neceflary directions 
 in the finances, that the proper orders may be im- 
 mediately iflued for this purpofe, and that the collec- 
 tors of the duties of importation and exportation may 
 conform themfelves accordingly thereto. Done at the 
 conference at Bruflels, this 6th of November, 1715. 
 
 (Signed) W Cadogan, 
 
 jfohan Vander Bergb. 
 Attefted to be a copy, 
 
 P. /^". Francqueu. 
 
 A Cofy cf tie Refolution of the Council of State, minu- 
 ted in the Margin of the Confutation of the Coun- 
 cil of the Finances, the -]th of November, 1715. 
 
 HAVING made our reprefentation to the Mini- 
 fters of the conference, conformably to this confuta- 
 tion; and added allb other reafons to enforce it, they 
 have newly made this day another more preflmg re- 
 quifitien to us, by which they infift abfolutcly that the 
 former be put in execution ; whereupon the council 
 of the finances fhall iflue the orders therein fpecified ; 
 
 but
 
 1 743.] AUSTRIAN NETHERLANDS. 249 
 
 but it is understood that they fhall not have force nor 
 effect, unlefs they be approved and ratified by his Im- 
 perial and Catholic Majefty in the treaty of Barrier : 
 This laft claufe, however, which begins with the words 
 if is under jl oo d^ and ends with the words in the treaty 
 of Barrier^ (hail not be inferted in the orders to be 
 lent to the collectors. 
 
 (Signed) Voorfp. 
 
 Attefted to be a copy, 
 
 P. /F. Francquen. 
 
 Order of the Council of Finances to the Colleftors of the 
 
 Duties. 
 
 THE Ounfellors and Commifiioners of the de- 
 mefnes and finances of his Imperial and Catholic Ma- 
 jefty. Mcft dear and fpecial friends, we herewith 
 fend you, by exprefs order of the Council of State 
 appointed for the general government of thefe coun- 
 tries, a copy of the requifition made to them by the 
 Minifters of the conference, relating to the lefTening 
 of the duties of importation on the coarfe woollen 
 cloths coming from Great Britain, and fnin the 
 United Provinces ; as alfo for reducing the faid du- 
 ties on brandies diftilled from corn, commanding you, 
 by exprefs order of the faid Council of State, to 
 take care to regulate yourfelves purfuant thereto, in 
 collecting the faid duties, and to give notice of it to . 
 your fubalterns. Moft dear and fpecial friends, God 
 have you in his holy keeping. Brufiels, at the coun- 
 cil of the faid finances, the i2th of November, 1715. 
 To the collectors of the duties of importation and 
 
 exportation at 
 
 Newport. Fort St. Philip. 
 
 Ofterid. Borgerhout. 
 
 Bruges. Mechlen. 
 
 Ghent. Turnhout 
 
 Dendermonde. Tirlemont. 
 
 This is a copy agreeing with the minutes kept in the 
 regiftry of the finances. 
 
 P. W. Framquen. 
 Extrafl
 
 TREATIES WITH THE [1496 
 
 Extra ft from the 'Tariff fettled the i^fb of November, 
 
 1715. 
 
 N. B. A difficulty having rifen about the intention 
 of the requifition of the 6th of November, 1715, of 
 which mention is made in the a6th article of the treaty 
 of Barrier, it is agreed provifionally to caufe the duties 
 of importation on all the different forts comprehended 
 in the above tariff under the denomination of woollen 
 cloths, to be collected according to the tenor of the 
 iaid requifition of the 6th of November, till his Im- 
 perial and Catholic Majefty, and his Majefty the King 
 of Great Britain, (hall agree upon it otherwifej and in 
 the mean while the King's collectors and officers 
 fhall permit the faiii manufactures to be imported, 
 giving notice and taking fecurity for the payment of 
 the overplus duties of importation on the foot the fame 
 fhall be fettled. 
 
 A Letter from tbe Imperial Envoy Count Volkra, to 
 the Lord Vifcouni Townftiend, frinciyal Secretary 
 of State. 
 
 My Lord, 
 
 YOU have acquainted me that complaints are madr 
 here of contraventions to the twenty-lixth article of 
 the treaty of Barrier, and I have had the honour to 
 communicate to you what Count Kinigfegg has an- 
 iwcred thereupon. 
 
 I can declare to you befides, that for the future 
 there will be an exact performance of the faid twenty- 
 fixth article of the treaty of Barrier of the 1 5th of No- 
 vember, 1715, and of the convention at London of the 
 26th of July, 1715} as alfo of the declaration in the 
 tariff of the i4th of November, 1715, that is to fay, 
 that the duties on the petite draperie (or woollen fluffs) 
 of England will be collected on the foot of the coarfe 
 woollen cloths, according to the diminution cxprdfrd 
 in the forefaid convention at London, without any al- 
 teration, tiH: it be agreed otherwife between the Em- 
 peror
 
 I743-] AUSTRIAN NETHERLANDS. 251 
 
 peror and the King, our matters ; but in the mean 
 time the merchants are to give fecurity to pay the 
 furplus, if the matter lhall be fo determined between 
 the two refpective courts. 
 
 London, -f ~ Auguft, I am, &c. 
 
 1716. *The Count Folkra. 
 
 'The Emperor's Ratification. 
 
 WE Charles the Sixth, by the Divine clemency 
 elected Emperor of the Romans, always Auguit, King 
 of Germany, Spain, Hungary, Bohemia, Dalmatia, 
 Croatia, and Sclavonia, Archduke of Auftria, Duke 
 of Burgundy, Brabant, Styria, Carinthia, Carniola, 
 Limbourg, Luxembourgj Guelderland, Upper and 
 Lower Silefia, and Wirtemberg, Prince of Swabia, 
 Marquis of the Holy Roman Empire, of Burgaw, 
 Moravia, Upper and Lower Lufatia, Count of Hapf- 
 burg, Flanders, Tyrol, Ferrete, Kyburg, Goritia., and 
 Namur, Landgrave of Alfatia, Lord of the Marck of 
 Sclavonia, Port Nao, and Salins, &c. &:c. make known 
 and atteft to all and fmgular whom it concerns. 
 Whereas peace being made with France laft year at 
 Baden in Switzerland, it was forthwith agreed between 
 Us, the moft Serene and mod Potent King of Great 
 Britain, and the States General of the United Nether- 
 lands, that what by the alliance made in the year one 
 thoufand feven hundred and one, on the feventh day 
 of September, at the Hague, appeared yet remaining 
 mutually to be performed, fhould without delay be 
 adjufted in the Congrefs which was thought proper to 
 be held at Antwerp by minifters refpectively autho- 
 rized with full power j and elpecially that thofe places, 
 towns, and fortifications of our Netherlands, which 
 for the future might ferve for the fecurity, defence, 
 and fafety, commonly called a Barrier, to the pro- 
 vinces and dominions of the foreiaid States General, 
 might be fpecified, and whatever elfe relates to that 
 affair be fettled ; which by the favour of the Almighty, 
 2 and
 
 *5C. . TREATIES WITH THE [1496 
 
 and in efpecial manner by the friendly offices of the 
 faid moft Serene King of Great Britain, was on 
 the fifteenth day of November lad determined and 
 concluded by thofe Minifters Plenipotentiaries, whofc 
 names are hereunto fubjoined, in the following words 
 aod articles : 
 
 It having pleajed the Almighty to grant Peace for font: 
 . Time pajl to Europe, &c. 
 
 That we have ratified and approved, as by vir- 
 tue of thefe prefcnts we do approve and ratify all and 
 fingular the things that by Ours, his Britannic Ma- 
 jefty's, and the States General's Minifters Plenipoten- 
 tiaries, by virtue of an order empowering them, were, 
 as is above recited, done, concluded, and tranfafted; 
 promifing on our Imperial, Royal, and Archiducal 
 word, faithfully and religioufly to perform and obferve, 
 and caufe to bie obferved by our liibjects, what relates 
 to us, and not to fuffer any thing to be done contrary 
 thereto; afluredly trufting, that the Electors, Princes, 
 and States of the Holy Roman Empire, duly confi- 
 dering the circumftances of affairs which in the prefent 
 juncture obliged us to yield what by the twenty-feventh 
 article above is llipulated, touching the razing of the 
 fortifications and citadel of Liege, and of the caftles 
 and works of the town of Huy, will not fcruple to 
 concur therein with their confent. In witnefs whereof, 
 we have figned thefe prefents with our own hand, and 
 caufcd our Imperial Royal feal to be put to it. Vi- 
 enna, the twenty-firft day of the month of December, 
 in the year one thoufand feven hundred and fifteen, 
 the fifth of our Roman, the thirteenth of our Spanifh, 
 and the fifth of our Hungarian and Bohemian reign. 
 
 CHARLES (L.S.) 
 
 Philip Lud. C. a Sinzfndorf. 
 
 By the exprefs command of his Sacred Imperial 
 and Catholic Majeity. 
 
 John George Bus!. 
 
 ttl
 
 I743-] AUSTRIAN NETHERLANDS. 
 
 tfhe Emperor's Ratification of the feparate Article* 
 
 WE Charles the Sixth, by the Divine clemency 
 elected Emperor of the Romans, always Auguft, King 
 of Germany, Spain, Hungary, Bohemia, Dalmatia, 
 Croatia, and Sclavonia, Archduke of Auftria, Duke 
 of Burgundy, Brabant, Styria, Carinthia, Carniola, 
 Limbourg, Luxembourg, Guelderland, Upper and 
 Lower Silefia, and Wirtemberg, Prince of Swabia, 
 Marquis of the Holy Roman Empire, of Burgaw, 
 Moravia, Upper and Lower Lufatia, Count of Hapf- 
 burg, Flanders, Tyrol, Ferrete, Kyburg, Goritia, and 
 Namur, Landgrave of Alfatia, Lord of the Marck 
 of Sclavonia, Port Nao, and Salins, &c. &c. make 
 known and atteft to all and fmgular whom it concerns. 
 Whereas for very weighty reafons it has been thought 
 fit, by a feparate article, to explain more particularly 
 what by the nineteenth article of this treaty is ftipu- 
 lated in general words, touching the annual fubfidy of 
 five hundred thoufand crowns to be allowed for the 
 garrifons of the States General, and to aftign the faid 
 fubfidy by repartition on the feveral provinces of our 
 Netherlands, and to fecure the payment of the fame 
 in the following manner. 
 
 Separate Article. ' 
 
 Whereas in tie Nineteenth Article of Barrier for the 
 States General of the United Provinces in the Auf- 
 trian Netherlands, concluded this Day, the Fifteenth 
 of November, One thoufand Seven hundred and 
 Fifteen, &c. 
 
 That we have approved this feparate article, and 
 the contents thereof, in the like manner as the treaty 
 itfelf, and by thefe prefents we promife to obferve 
 it as faithfully and religioufly, and to caufe it to be 
 obferved by our fubjefts. In witnefs whereof we 
 have figned thefe prefents, and commanded our Im- 
 perial Royal feal to be fet thereto. Given at Vienna, 
 the 2 1 ft of the month of December, in the year one 
 
 thoufand
 
 TREATIES WITH THE 
 
 thoufand feven hundred and fifteen, the fifth of our 
 Roman, the thirteenth of our Spanifh, and the fifth 
 of our Hungarian and Bohemian reign. 
 
 CHARLES (L.S.) 
 Philip Lud. a Sinzwdorff. 
 
 By exprefs command of his Sacred Imperial 
 and Catholic Majefty, John George Buol. 
 
 The Ratification of the States General. 
 
 THE States General of the United Provinces of 
 the Netherlands, to all who fhall fee thefe preients, 
 greeting. Having feen and examined the treaty con- 
 cluded and figned at Antwerp the fifteenth of the month 
 of November, one thoufand feven hundred and fifteen, 
 by the Minifters Plenipotentiaries of his Imperial and 
 Catholic Majefly, of his Majefty the King of Great 
 Britain, and Ours, touching the manner in which the 
 Auftrian Netherlands are to ferve henceforward for 
 the barrier of Great Britain and of our State, as the 
 faid treaty here follows, inferted wbrd for word. 
 
 It having pleaj'ed the Almighty to grant Peace for Jome 
 
 Time paft to Europe, &c. 
 
 We approving all that our Deputies and Minifters 
 Plenipotentiaries have done, in concluding and fign- 
 ing this treaty, have confented to, approved, and ra- 
 tified, confent to, approve, and ratify the fame by 
 thefe prefents: promifmg fincerely and faithfully to 
 keep, obferve, and execute it in the whole, and in each 
 of its articles, without acting contrary to it in any man- 
 ner whatfoever, directly or indirectly. In witncfs 
 whereof, we have caufed our great feal to be affixed 
 to thefe prefents, and the fame to be figned by the 
 Prefident of our Aflembly, and counterfigned by our 
 Greffier. At the Hague,the fourteenth ofjanuary, one 
 thoufand feven hundred and fixteen. W. Vander Does. 
 
 By command of the above-mentioned Lords the 
 States General, F. FageL
 
 I743-] AUSTRIAN NETHERLANDS. 
 
 The States 'General's Ratification of the fepdfate Article. 
 
 THE States General of the United Provinces of 
 the Netherlands, to all who fhall fee thefe prefents, 
 greeting. Having feen and examined the feparate 
 article of the treaty concluded and figned at Antwerp 
 the fifteenth of the month of November, one thoufand 
 feven hundred and fifteen, by the Minifters Plenipo- 
 tentiaries of his Imperial and Catholic Majefty, of his 
 Majefty the King of Great Britain, and Ours, touch- 
 ing the manner in which the Auftrian Netherlands are 
 to ferve henceforward for the barrier of Great Britain, 
 and of our State, the tenor of which Teparate article 
 is as follows. 
 
 Separate Article. 
 
 . Wlwreas in the Nineteenth Article of Barrier for the 
 States General of the United Provinces in the Auf- 
 trian Netherlands, concluded this Day , the Fifteenth 
 of November, One thoufand Seven hundred and 
 Fifteen, &t. 
 
 We approving all that our Deputies and Mihiftcrs 
 Plenipotentiaries have done, in concluding and figning 
 this feparate article, have confented to, approved, and 
 ratified, confent to, approve, and ratify the fa-me by 
 thefe prefents, promifing fmcerely and faithfully to 
 keep, obferve, and execute it, without acting con- 
 trary to it in any manner whatfoever, directly or indi- 
 rectly. In witnefs whereof, we have caufed our great 
 feal to be affixed to thefe prefents, and the fame to be 
 figned by the Prefident of our Aflembly, andcounter- 
 figned by our Greffier, At the Hague, the fourteenth 
 of January, one thoufand feven hundred and fixteen. 
 
 W. Vander Does. 
 
 By command of the above-mentioned Lords the 
 States General, F. FageL 
 
 [The
 
 *$6 TREATIES WITH THE [1496 
 
 [The following is printed from the original.] 
 
 Count Volkra's Declaration, 1716, about the 'Trade in 
 tbe Auftrian Netherlands. 
 
 Milord, 
 
 VOUS m'avez temoignc qu'on fe plaint ici des 
 contraventions a Particle 26. du Traite de la Barricre; 
 ct j'ai eu l'4ionneur de vous communiquer ce que 
 Monfieur le Comte de Kinigfegg a repondu la-defius. 
 
 Je puis vous declarer outre cela, qu'on fe tiendra a 
 Tavenir exaetement a 1'obfervation du fufdit article 26. 
 du Traite de la Barriere, du 15 Novembre, 1715, et 
 a la convention de Londres, du 26 Juillet, 1 7 1 5, comme 
 encore a la declaration du 14 Novembre, 1715; a fa- 
 voir, qu'on louera les droits fur la petite drapei ie d'An- 
 gleterre, fur le pied des gros draps, fuivant la dimi- 
 nution exprimee dans la fufdite convention de Londres, 
 fans aucune alteration, jufques a ce qu'on en fera con- 
 venu autre'ment entre 1'Empereur et le Roi nos maitres ; 
 mais que pourtant les marchands donneront caution de 
 payer le furplus, fi Paffaire fera ainfi determinee entre 
 les deux refpectives Cours. 
 
 J'efpere, Milord, que vous ferez avancer, fans plus 
 
 m. 
 
 de delai, 1'emprunt de 200 pieces, felon la conven- 
 tion faite la-deffus, en vous afllirant que 
 
 Je fuis, avec une tres-parfaite eftime, 
 
 Milord, 
 Votre tres-humble et 
 
 tres-obeiflant ferviteur, 
 
 Londres, ce .- Aout, Le Comte Volkra. 
 
 1716. 
 
 [The
 
 I743-] AUSTRIAN NETHERLANDS. 257 
 
 [The following is printed from the copy which was 
 publifhed by authority in 1718.] 
 
 The Treaty of Alliance for fettling the Public Peace, 
 fgned at London, 7^^, 1718. 
 
 GEORGE, by the grace of God, of Great Bri- 
 tain, France, and Ireland, King, Defender of the Faith, 
 Duke of Brunfwick and Lunenburg, Arch-Treafurer 
 of the Holy Roman Empire, and Prince Elector, &c. 
 To all and fingular, to whom thefe prefents fhall come, 
 greeting. W hereas a certain treaty, containing as well 
 the conditions of peace to be made between the Em- 
 peror of the Romans and the King of Spain, and be- 
 tween the faid Emperor and the King of Sicily, as the 
 terms of a mutual alliance made between us and our 
 good brother the faid Emperor of the Romans, and 
 our good brother the moft Chriftian King, and our 
 good friends the High and Mighty Lords the States 
 General of the United Provinces of the Netherlands, 
 by Plenipotentiaries on both fides fufnciently furnifhed 
 with orders and authority for the fame, in our city of 
 London, the twenty-fecond day of July laft paft, O. S. 
 has been concluded and figned in the form and words 
 following : 
 
 In the Name of the moft Holy and undivided Trinity. 
 
 Be it known to all whom it doth concern, or may 
 any way concern. 
 
 Whereas the moft Serene and moft Potent Prince, 
 George, of Great Britain, France, and Ireland, King, 
 Duke of Brunfwick and Lunenburgh, Elector of the 
 Holy Roman Empire, &c. and the moft Serene and 
 moft Potent Prince, Lewis the Fifteenth, the moft 
 Chriftian King, &c. as likewife the High and Mighty 
 States General of the United Provinces of the Ne- 
 therlands, being continually intent on preferring the 
 bleffing of peace, have duly confidered, that however, 
 by the triple alliance concluded by them on the 4th 
 of January, 1717, their own kingdoms and. provinces 
 
 VOL, I. 5 were
 
 258 TREATIES WITH THE [1496 
 
 were provided for, yet that the provifion was neither 
 fo general nor fo iblid, as that the public tranquillity 
 could long flourifh and laft, unlefs at the fame time 
 the jealoufies which were ftill increafing between fome 
 of the Princes of Europe, as perpetual occafions of va- 
 riance, could be removed: and being convinced by 
 experience from the war kindled the lall year in Italy, 
 for the timely extinguifhing whereof, by a treaty made 
 in the year 1718, they agreed 
 
 amongft themfelves upon certain articles of pacifica- 
 tion, according to which a peace might be brought 
 about and eftablifhed between his Sacred Imperial Ma- 
 jefty and the King of Spain ; as likewife between his faid 
 Imperial Majefty and the King of Sicily; and farther 
 gave a friendly invitation to his Imperial Majefty, that, 
 out of his love for the public peace and quiet, he would 
 receive and approve the faid articles of convention in 
 his own name, and accordingly that he himfelf would 
 accede to' the treaty made by them, the tenor of which 
 is as followeth. 
 
 Gouditkns of Peace between bis Imperial Majefty and bis 
 
 Royal Catholic Majefty. 
 
 I; For quieting the difturbances lately raifed con- 
 trary to the peace of Baden, concluded the 7 th of Sep- 
 tember, 1714, as likewife to the neutrality cftablifhcd 
 for Italy by the treaty of the 1 4th of March, 1713, 
 the moil Serene and molt Potent King of Spain obliges 
 ..himfelf to reftore to his Imperial Majefty, and accord- 
 ingly (hall immediately, or at the fartheft after two 
 ononths, to be reckoned from the exchange of the ra- 
 tifications of this prefent treaty, actually reftore to 1m 
 f.iid Imperial Majefty the ifland and kingdom of Sar- 
 dinia, in the condition wherein he leized it, and fhall 
 renounce, in favour of his Imperial Majefty, all rights, 
 pretenfions, interefts, and claims upon the laid king- 
 dom; fo that his Imperial Majefty fully and freely, 
 and in the manner which he judges belt, out of his 
 love to the public good, may difpoie of it as of his own 
 property* 
 
 II. Whereas
 
 I743-] AUSTRIAN NETHERLANDS. 259 
 
 II. Whereas die only method which could be found 
 out for fixing a durable balance in Europe was judged 
 to be this, that it fhould be an eflablilhed rule that the 
 kingdoms of France and Spain fhould never go toge- 
 ther, or be united in one and the fame perfon, or in 
 one and the fame line, and thit thofe two monarchies 
 Ihould henceforward for ever remain feparate; and 
 whereas for confirming this rule, fb necefTary for tije 
 public tranquillity, thole Princes, to whom the prero- 
 gative of birth might have given a right of fucceeding 
 in both kingdoms, have folemnly renounced one of 
 thofe two kingdoms for themfelves and all their pof- 
 terity; fo that this feparation of the two monarchies 
 has parTed into a fundamental law in the general afiem- 
 bly commonly called Las Cortes, which was received 
 at Madrid the 9th of November, 1712, and confoli- 
 dated by the treaties of Utrecht, the nth of April, 
 17135 his Imperial Majefty, being willing to give the 
 utmoft perfection to fo neceflary and wholefome a law, 
 to take away all ground of fufpicion, and to promote 
 the public tranquillity, doth accept and agree to thofe 
 things which were done, ratified, and eftablilhed in the 
 treaty of Utrecht, with regard to the right and order 
 of fuccefiion to the kingdoms of France and Spain, 
 and doth renounce, as well for himfelf, as for his heirs, 
 defendants, and lucceffors, male and female, all rights, 
 and all and every preterifion whatfoever, not one in 
 the leaft excepted, on any kingdoms whatfoever, do- 
 minions, and provinces of the Spanilh monarchy, 
 whereof the Catholic King was acknowledged to be 
 the rightful poflerTor by the treaty of Utrecht, and 
 will caufe to be made out in due form accordingly 
 folemn acts of renunciation, which he will caufe tb 
 be publifhed and regiftered in the proper courts, and 
 promifes that he will exhibit the ufual inftruments 
 thereupon to his Catholic Majefty, and to the con- 
 tracting Powers. 
 
 III. By virtue of the faid renunciation, which his 
 Imperial Majefty has made out of regard to the fecu- 
 
 S 2 rity
 
 TREATIES WITH THE [1496 
 
 rity of all Europe; and in confederation likewife that the 
 Duke of Orleans has for himfelf, and for his defcend- 
 ants, renounced all his rights and claims upon the 
 kingdom of Spain, on condition that neither the Em- 
 peror, nor any of his defendants, fhall ever fucceed 
 to the faid kingdom; his Imperial Majefty doth ac- 
 knowledge Philip the Fifth to be lawful King of Spain 
 and of the Indies, and doth promife to give him the 
 tides and prerogatives belonging to his dignity and his 
 kingdoms : and moreover, he will allow him, his de- 
 fcendants, heirs, and fucceflbrs, male and female, peace- 
 ably to enjoy all thofe dominions of the Spanifn mo- 
 narchy in Europe, the Indies, and elfewhere, the pof- 
 feffion whereof was allowed to him by die treaties of 
 Utrecht, nor will he direftly or indirectly difturb him 
 in the faid poflefllon at any time, nor will he claim to 
 himfelf any right to the faid kingdoms and provinces. 
 
 IV. In return for the renunciation and acknow- 
 ledgment made by his Imperial Majefty in the two 
 foregoing articles, the Catholic King, as well in his 
 own, as in the name of his heirs, defcendants, and 
 fucceflbrs, male and female, doth renounce in favour 
 of his Imperial Majefty, his fucceflbrs, heirs, and de- 
 fcendants, male and female, all rights and claims 
 whatfoever, none in the leaft being excepted, upon all 
 and every the kingdoms, provinces, and dominions, 
 which his Imperial Majefty doth pofifefs in Italy or the 
 Netherlands, or may accrue to him by virtue of this 
 prefent treaty; and he doth wholly abdicate all rights, 
 kingdoms, and provinces in Italy, which heretofore 
 belonged to the Spanilh monarchy, amongft which the 
 rnarquifate of Final, yielded by his Imperial Majelty 
 to the republic of Genoa in the year 1713, is under- 
 flood to be exprefsly comprehended, and he will caufe 
 to be made out accordingly folemn a<5ts of renunciation 
 in due form, which he will caufe to be publifhed and 
 regiftered in the proper courts, and promifes that he 
 will exhibit the ufual inftruments thereupon to his Ini- 
 periaJ Majefty and the contracting Powers. His Ca- 
 tholic
 
 1743-1 AUSTRIAN NETHERLANDS. 261 
 
 tholic Majefty doth in like manner renounce the right 
 of reverfion of the kingdom of Sicily to the crown of 
 Spain, which he had referved to himfelf, and all other 
 claims and pretenfions under pretext whereof he might 
 difturb his Imperial Majefty, his heirs and fuccefibrs, 
 directly or indirectly,, as well in the aforefaid kingdoms 
 and provinces, as in all other dominions, which he ac- 
 tually poffefles in the Netherlands or elfewhere. 
 
 V. Whereas, in cafe the Grand Duke of Tufcany, 
 or the Duke of Parma and Placentia, or their fuccef- 
 fors, fhould die without male iffue, the pretenfions of 
 fuccefilon to the dominions porTefTed by them might 
 kindle a new war in Italy, on account of the different 
 rights of fuccefllon, whereby, after the deceafe of the 
 next heirs before her, the prefent Queen of Spain, 
 born Dutchefs of Parma, claims the faid dukedoms to 
 herfelf on the one part, and the ^Emperor and empire 
 on the other part. To the end that the great difputes, 
 and the evils arifmg from them, may be timely obvi- 
 ated, it is agreed, that the ftates and dutchies at prefent 
 pofTefTed by the Grand Duke of Tufcany, and Duke 
 of Parma and Placentia aforefaid, fhall in time to come 
 be held and acknowledged by all the contracting Powers 
 as undoubted male fiefs of the Holy Roman Empire, 
 His Imperial Majefty on his part doth confent, by him- 
 felf as head of the empire, that whenever it fhall hap- 
 pen that the faid dutchies fhall lie open for want of heirs 
 male, the firft-born fon of the faid Queen of Spain, and 
 his defendants, being males, born in lawful matrimony, 
 and in default of them, the fecond-born, or other the 
 younger fons of the faid Queen, if any fhall be born, to- 
 gether with their male defendants, born in lawful mar- 
 riage, fhall in like manner, fucceed to all the provinces 
 aforefaid. To which end, it being neceflary that the 
 confent of the empire be alfo given, his Imperial Ma- 
 jefty will ufe all his endeavours to obtain it; and having 
 obtained it, he will caufe the letters of expectative, con- 
 taining the eventual inveftiture for the fon of the faid 
 Queen, or her fons, and their legitimate male de- 
 S 3 fcen4ants 4
 
 262 TREATIES WITH THE [1496 
 
 fcendants, to be expedited in due form; and he v.ill 
 caufe the faid letters to be delivered to the Catholic 
 King immediately, or at leaft after two months from 
 the exchange of the ratifications ; without any da- 
 mage, neverthelefs, or prejudice, to the Princes who 
 now have pofieflion of the laid dutchies, which poflef- 
 fion is to remain entirely (life to them. 
 
 It is farther agreed, between his Sacred Imperial 
 Majefty, and the Catholic King, that the town of Leg- 
 horn may, and ought, perpetually to remain a free 
 port, in the fame manner as it now is. 
 
 By virtue of the renunciation made by the King of 
 Spain, of all the dominions, kingdoms, and provinces 
 in Italy, which heretofore belonged to the Kings of 
 Spain, that King fhall yield to the aforefaid Prince 
 his fon, the town of Porto Longone, together with 
 that part of the ifland Elba, which he actually poi- 
 lefTes therein j and lhall deliver the fame up to him, 
 as foon as that Prince, on the extinction of the male 
 pofterity of the Grand Duke of Tufcany, fhall be adr 
 mitted into the actual pofleffion of his territories. 
 
 It is moreover agreed to, and provided by folemn 
 contract, that none of the aforefaid dutchies or domi- 
 nions, at any time, or in any cafe, may or ought to 
 be poflefied by a Prince, who at the fame time holds 
 the kingdom of Spain ; and that no King of Spain 
 can ever take upon him the guardianfhip of that 
 Prince, or may be allowed to exercife the lame. 
 
 Laftly, it is agreed, and thereto all and fingular the 
 parties contracting have equally bound themfelves, 
 that it never fhall be allowed, during the lives of the 
 prefent pofiefibrs of the dutchies of Tulcany and Par- 
 ma, or- of their male fucceflbrs, that any forces of any 
 country whatfoever, whether their own or hired, fhall 
 either by the Emperor, the Kings of Spain and 
 France, or even by the Prince appointed, as above, 
 to the fucceffion, be introduced into the provinces and 
 lands of the faid dutchies ; nor fhall any of them 
 place any garrifon in the cities, ports, towns, or for- 
 trefles therein fituated, Bu
 
 I743-] AUSTRIAN NETHERLANDS. 263 
 
 But, that the faid Ton of the Queen of Spain, ap- 
 pointed by this treaty to the fucceflion of the Great 
 Duke of Tufcany and the Duke of Parma and Pla- 
 centia, may be more fully fecured againft all events, 
 and may more certainly depend on the execution of 
 the fucceflion promifed him ; and likewife that the 
 fief, conftituted as above, may remain inviolable to 
 the Emperor and empire , it is agreed on both fides, 
 that garrifons, not exceeding however the number of 
 fix thoufand men, fhall be put into the principal towns 
 thereof, viz. Leghorn, Porto Ferraro, Parma, and 
 Placentia, be taken from among the Swifs Cantons, 
 which cantons are for this purpofe to be paid by 
 the three contracting Powers, who have taken upon 
 them the part of mediators, ^nd the faid garrifons 
 are therein to be continued till the cafe of the faid 
 fucceflion fhall Happen, when they fhali be obliged to 
 deliver the towns to the laid Prince appointed to the 
 fucceflion ; neverthelefs, without any trouble or charge 
 to the prefent poffeffors, and their fuccerTors being 
 males, to whom likewife the faid garrifons are to take 
 an oath of fidelity, and are to aflume to themfelves 
 no other authority than only the guard of the cities 
 committed to their charge. 
 
 But whereas this beneficial work may be longer de- 
 layed than is convenient, before an agreement can be 
 made with the Swifs Cantons about the number, pay, 
 and manner of eftablilhing fuch a force ; his Sacred 
 Royal Britannic Majefty, out of his fingular zeal for 
 the faid work, and the public tranquillity, and for the 
 earlier obtaining the end propofed, will not in the 
 mean time refufe to lend his own forces for the ufe 
 above-mentioned, if the reft of the contracting Powers 
 think good, till the forces to be raifed in the Swiis 
 Cantons can take upon them the guard and cuflody 
 of the faid cities. 
 
 VI. His Catholic Majefty, to teftify his fmcere in- 
 clination for the public tranquillity, doth confent to aU 
 things hereafter mentioned, with regard to what is fet- 
 S 4 tied
 
 464 TREATIES WITH THE [1496 
 
 tied about the kingdom of Sicily for the advantage 
 of his Imperial Majefty, and doth renounce for him- 
 felf, his heirs and fucceflbrs, male and female^ the 
 Yight of reverfion of that kingdom to the crown of 
 Spain, which he exprefsly referved to himfelf by the 
 inftrument of ceflion dated the loth of June, 1713. 
 Out of love to the public good he moreover departs 
 from the faid aft of the loth of June, 1713, as far as 
 is necefiary, as likewife from the fixth article of the 
 treaty of Utrecht, betwixt himfelf and his Royal 
 Highnefs the Duke of Savoy, as likewife in general 
 from every thing that may oppofe the retroceflion, dif- 
 pofition, and permutation of the above-mentioned king- 
 dom of Sicily, by this prefent treaty eftablilhed. On 
 condition, neverthelefs, that the right of reverfion of 
 the ifland and kingdom of Sardinia to the faid crown 
 may be yielded and allowed to him, as hereafter, in 
 the fecond article of the conventions between his Sa- 
 cred Imperial Majefty and the King of Sicily, is far- 
 ther explained. 
 
 VII. The Emperor and the Catholic King mutu- 
 ally promife and bind themfelves to a reciprocal de- 
 fence and guaranty of all the kingdoms and provinces 
 which they actually pofiefs, or the pofiefilon whereof 
 ought to belong to them by virtue of the prefent 
 treaty. 
 
 VIII. His Imperial Majefty and his Royal Catho- 
 lic Majefty fhall immediately after exchange of the 
 ratifications of .thefe prefent conventions, put in execu- 
 tion all and every the conditions therein comprehen- 
 ded, and that within the fpace of two months at the 
 fartheft, and the inftruments of the ratifications of the 
 faid conventions fhall be exchanged at London within 
 the fpace of two months, to be computed from the 
 day of figning, or fooner if poflible. Which execu- 
 tion of the conditions being previou fly performed, their 
 Minifters and Plenipotentiaries, by them to be named, 
 fliall in the place of congrefs, which they Ihall agree 
 
 upon,
 
 I743-] AUSTRIAN NETHERLANDS. 265 
 
 upon, with all fpeed feverally fettle and determine 
 the other points of their particular peace, under the 
 mediation of the three contracting Powers. 
 
 It is farther agreed, that in the treaty of peace 
 particularly to be made between the Emperor and the 
 King of Spain, a general amnefty Ihall be granted to 
 all perfons, of any ftate, dignity, degree, or fex what- 
 foever, whether ecclefiaftical or military, political or 
 civil, who followed the party of the one or the other 
 Prince during the late war ; in virtue whereof all and 
 fmgular the faid perfons Ihall be permitted to receive, 
 and they may receive full pofTeflion and ufe of their 
 goods, rights, privileges, honours, dignities, and im- 
 munities, and Ihall ufe and enjoy the fame as freely as 
 they did enjoy them at the beginning of the laft war, 
 or at the time when they begun to join themfelves to 
 the one or the other party, all confiscations, arrefts, 
 and fentences, made, pafled, or pronounced, during 
 the war, to the contrary notwithstanding, which ihail 
 be held as null and of no effe<5t. In virtue moreover 
 of the aforefaid amnefty, it fhall be lawful and free 
 for all and fmgular the faid perfons, who followed one 
 or the other party, to return to their country, and to 
 enjoy their goods in the fame manner as if no war 
 had happened ; and a full licence is given them to 
 take care of the faid effects, either by themfelves if 
 they Ihould be prefent, or by their attorneys, if they 
 fhould choofe rather to abfent themfelves from their 
 country, and they may either fell, or any other way, 
 according to their pleafure, difpofe of them, entirely 
 after the fame manner they might have done before 
 the beginning of the war. 
 
 Conditions of the 'Treaty to be concluded between his 
 Imperial Majefty and the King of Sicily. 
 
 I. WHEREAS the ceffion of Sicily, by the trea- 
 ties of Utrecht, to the Houfe of Savoy, being folely 
 made for rendering that peace folid, and not on the 
 account of any right the King of Sicily had thereto, 
 
 has
 
 266 TREATIES WITH THE [1496 
 
 has been fo far from bringing about the end propofed, 
 that, as all JLurope can witnefs, it has rather proved 
 the great obftacle which hindered the Emperor from 
 acceding to the faid treaties, inafmuch as the fepara- 
 tion of the kingdoms of Naples and Sicily, fo long 
 ufed to remain under the fame dominion, and to be 
 called by the name of both the Sicilies, has not only 
 been found oppofite to the common interefts and mu- 
 tual prefervation of both kingdoms, but likewife to 
 the repofe of all Italy, being conftantly productive 
 of new commotions, while neither the ancient inter- 
 courfe and mutual relation between the two nations 
 can be deltroyed, nor the interefts of the different 
 Princes can be eafily reconciled : for this reafon it is 
 that the Princes, who firft made the Utrecht treaties, 
 have thought it lawful for them, even without the 
 confent of the parties concerned, to abrogate that one 
 article of thofe treaties which regards the kingdom of 
 Sicily, and is not any principal part of the laid treaty, 
 founding themfelves chiefly upon thefe realbns ; That 
 the prefent treaty will receive its increafe and comple- 
 tion from the Emperor's renunciation; and that by 
 the exchange of Sicily for Sardinia, the wars which 
 threaten Italy may be prevented, inafmuch as the 
 Emperor might rightfully attack Sicily, which he ne- 
 ver yet renounced, and which, fince the infraction of 
 the neutrality of Italy by the feizure of Sardinia, he 
 may rightfully recover by force of arms : befides that 
 the King of Sicily may become pofiefled of a certain 
 and durable dominion by the benefit of fo Iblemn a 
 treaty with his Imperial Majefty, and guarantied by 
 the chief Princes of Europe. Being moved therefore 
 by fo great reafons, they have agreed that the King of 
 Sicily fhall reftore to his Imperial Majefty the ifland 
 and kingdom of Sicily, with all its dependencies and 
 appendages, in the ftate wherein they now are, im- 
 mediately, or in two months at the fartheft from the 
 exchange of the ratifications of the prefent treaty. 
 And he fhall in favour of the Emperor, his hens 
 
 and
 
 1 743-1 AUSTRIAN NETHERLANDS. 267 
 
 and fuccefibrs of, both fexes, renounce all rights and 
 pretenfions whatsoever to the faid kingdom, as well 
 for himfelf as his heirs and fuccefibrs, male and fe- 
 male ; the reverfion thereof to the crown of Spain 
 Eyeing entirely taken away. 
 
 II. In return, his Imperial Majefty fhall yiejd to 
 the King of Sicily the ifland and kingdom of Sardi- 
 nia, in the fame condition wherein he fhall receive 
 it from the Catholic King, and fhall renounce all 
 rights and interefts in the faid kingdom, for himfelfj 
 his heirs and fuccefibrs of both fexes, in favour of the 
 King of Sicily, his heirs and fucce|Tors, that he may 
 hereafter perpetually pofTefs the fame, with the title of 
 a kingdom, and all other honours annexed to the royal 
 dignity, in the fame manner as he poffelTed the king- 
 flom of Sicily; on condition, neverthelefs, that the 
 reverfion of the faid kingdom of Sardinia Ihall be 
 referved to t|ie crown of Spain, whenever it may 
 happen that the King of Sicily fhall be without heirs 
 male, and all the Houfe of Savoy fhall likewife be 
 deftuute of heirs male. But in the fame manner al- 
 together as the faid reverfion was fettled and ordained 
 for the kingdom of Sicily by the treaties of Utrecht, 
 and by the act of ceflion in purfuance thereof made by 
 the King of Spain. 
 
 III. His Imperial Majefty fhall confirm to the 
 King of Sicily all the ceflions made to him by the 
 treaty figned at Turin the 8th of November, 1703, 
 as well of that part of the dutchy of Montferrat, as 
 of the provinces, cities, towns, caftles, lands, places, 
 rights, and revenues of the ftate of Milan, which he 
 now doth pofTefs, in the manner wherein he actually 
 doth pofTefs them ; and he will ftipulate for himfelfj 
 his defcendants and fucceffors, that he never will 
 difturb him, his heirs or fucceflbrs, in the pofieflion 
 aforefaid : on condition, neverthelefs, that all other 
 claims and pretenfions, which he may poflibly make 
 in virtue of the faid treaty, fhall be and remain void. 
 
 IV. His
 
 s68 TREATIES WITH THE [1496 
 
 IV. His Imperial Majefty fhall acknowledge the 
 right of the King of Sicily, and his Houfe, to fuc- 
 ceed immediately to the kingdom of Spain and of the 
 Indies, in cafe of the failure of King Philip V. and 
 his pofterity, in manner as is fettled by the renunci- 
 ations of the Catholic King, the Duke of Berry, and 
 the Duke of Orleans, and by the treaties of Utrecht ; 
 and his Imperial Majefty Ihall promife, as well for 
 himfelf as for his fuccefibrs and defendants, that at 
 no time he will directly or indirectly oppofe, or any 
 way act contrary' to the fame. It is declared, never- 
 thelefs, that no Prince of the Houfe of Savoy, who 
 fhall fucceed to the crown of Spain, may pofiefs at the 
 fame time any province or dominion on the continent 
 of Italy, and that in fuch cafe thofe provinces fhall 
 devolve to the collateral Princes of that Houfe, who 
 Hull fucceed therein one after another, according to 
 the proximity of blood. 
 
 V. His Imperial Majefty and the King of Sicily 
 (hall give mutual guaranties for all the kingdoms and 
 provinces which they actually poflcfs in Italy, or 
 which Ihall accrue to them by virtue of this prefcnt 
 treaty. 
 
 VI. His Imperial Majefty and the King of Sicily, 
 immediately after the exchange of the ratifications of 
 thefe conventions, fhall put in execution all and every 
 the conditions therein contained, and that within the 
 fpace of two months at the fartheft : and the inftru- 
 ments of the ratifications of the faid conventions Ihall 
 be exchanged at London within two months from the 
 day of Ggning, or fooner if poflible. And immedi- 
 ately after the previous execution of the faid condi- 
 tions, their Minifters and Plenipotentiaries by them to 
 be named fhall, in the place of congrefs they fhall 
 agree upon, with all fpeed feverally fettle the other 
 points of their particular peace, under the mediation 
 of the three contracting Powers. 
 
 8 His 

 
 I743-] AUSTRIAN NETHERLANDS. 165 
 
 His above-named .Imperial and Catholic Majefty, 
 being extremely inclined to promote the peace pro- 
 pofed, and to avert the dreadful calamities of war, 
 and out of his fincere defire to fettle an univerfal pa- 
 cification, hath accepted the afore- mentioned conven- 
 tions, and all and fmgular the articles thereof, and 
 hereby doth accept the fame, and accordingly has en- 
 tered into a particular treaty with the three Powers 
 abovefaid, on the following conditions. 
 
 I. That there be and remain between his Sacred 
 Imperial Catholic Majefty, his Sacred Royal Majefty 
 of Great Britain, his Sacred Royal moft Chriftian 
 Majefty, and the High and Mighty Lords the States 
 General of the United Netherlands, and their heirs 
 and fucccflbrs, a moft ftrict alliance, in virtue whereof 
 each of them are bound to preferve the dominions and 
 fubjefts of the others, as likewife to maintain peace, 
 to promote mutually the interefts of the others as their 
 own, and to prevent and repel all damages and inju- 
 ries whatfoever. 
 
 II. The treaties made at Utrecht and Baden fhall 
 remain in their full ftrength and force, and lhall be a 
 part of this treaty, thofe articles excepted, from which 
 it has been judged for the public good to depart ; as 
 likewife thofe articles of the Utrecht treaties excepted, 
 which were aboliihed by the treaty of Baden. The 
 treaty of alliance made at Weftminfter the 2jdi of 
 May, 1716, between his Sacred Imperial and Catho- 
 lic Majefty, and. his Sacred Royal Majefty of Great 
 Britain, as likewife the treaty made at the Hague the 
 4th of January, 1717, between the King of Great 
 Britain and the moft Chriftian King, and the States 
 General of the United Provinces, fhall neverthelefs 
 remain in full force in every particular. 
 
 III. His Sacred Britannic Majefty, as likewife his 
 Sacred moft Chriftian Majefty, and the Lords the 
 States General of the United Netherlands, do cove- 
 nant for themfelves, their heirs and fucceflbrs, that 
 they never will, diredly or indirectly, diffurb his Sa- 
 cred
 
 270 TREATIES WITH THE [1496 
 
 cred Imperial and Catholic Majefty, his heirs and fuc- 
 ceffbrs, in any of his kingdoms, dominions, and pro- 
 vinces, which he pofTefles by virtue of the treaties of 
 Utrecht and Baden, or which he fhail gain poflefiion 
 of by virtue of this prefent treaty. On the contrary, 
 they both will and ought to defend and guaranty the 
 provinces, kingdoms, and jurifdictions, which he now 
 poflefles, or which fhall accrue to him in virtue of 
 this treaty, as well in Germany as in the Netherlands 
 and in Italy ; and they promife that they will defend 
 the faid kingdoms and provinces of his Imperial and 
 Catholic Majefty, againft all and fingular who may 
 attempt to invade the fame in a hoftile manner j and 
 that they both will and ought, when the cafe hap- 
 pens, to furnifh him with liich fuccours as he fhall 
 need, according to the conditions and repartition which 
 they have agreed upon as .hereafter mentioned. In 
 like manner, their Royal Britannic and moil Chrif- 
 tian Majefties, and the States Gene; r.l, exprefsly bind 
 themfelves, that they will not at any time give or grant 
 any protection or refuge, in any part of their domini- 
 ons, to the fubjedts or his Imperial and Catholic Ma- 
 jefty, who actually are, or hereafter fhall be by him 
 declared rebels, and in cafe any fuch fhall be found 
 in their kingdoms, provinces, or dominions, they fin- 
 cerely promife that they will take effectual care to 
 expel them out of their territories, within eight days 
 after application made by his Imperial Majefty. 
 
 IV. On the other hand, his Sacred Imperial and 
 Catholic Majefty, his Sacred Royal Britannic Ma- 
 jefty, and the States General of the United Provin- 
 ces, promife for themfelves, their heirs and fuccef- 
 fors, that they never will, directly or indirectly, dif- 
 turb his Sacred moft Chriftian Majefty in any of his 
 dominions to the crown of France now belonging. On 
 the contrary, they will and ought to guard and defend 
 the fame againft all and fingular who may attempt 
 to invade them in a hoftile manner, and in that cafe 
 they will and ought to furnifh fuch fuccours as his 
 
 moft
 
 1743] AUSTRIAN NETHERLANDS. 271 
 
 mod Chriftian Majefty (hall want, according as here- 
 after is agreed upon. 
 
 His Sacred Imperial and Catholic Majefty, his Sa- 
 cred Royal Majefty of Great Britain, and the Lords 
 the States General, do likewife promife and oblige 
 themfelves, that they will, and ought to maintain, 
 guaranty, and defend the right of fuccefiion in the 
 kingdom of France, according to the tenor of the 
 treaties made at Utrecht the nth of April, 1713, 
 obliging themfelves to ftand by the faid fucceffion, 
 plainly according to the form of the renunciation made 
 by the King of Spain the 5th of November, 1712, 
 and by a folemn aft accepted in die General A (Terribly 
 of the States of Spain, the 9th day of the month and 
 year aforefaid, which thereupon pafTed into a law die 
 1 8th of March, 1713, and laftly was eftablilhed and 
 fettled by the treaties of Utrecht : and this they fhall 
 perform againft all perfons whatfoever who may pre- 
 fume to difturb, the order of the faid fuccefllon, in 
 contradiction to the previous acts, and treaties fubfe- 
 quent thereupon; to which end they fhall furniih 
 the fuccours, according to the repartition agreed on 
 below. Farther, when the matter may require it, they 
 fhall defend the laid order of fucceflion with all their 
 forces, by likewife declaring war againft him who may 
 attempt to infringe or impugn the fame. 
 
 Moreover, his Imperial Royal Catholic Majefty, 
 and his Royal Britannic Majefty, and the States Ge- 
 neral, do likewife promife, that they will not at any 
 time give or grant any protection or refuge in their 
 dominions to the fubjedts of his Royal moft Chriftian 
 Majefty, who actually are, or hereafter fhall be de- 
 clared rebels j and in cafe any fuch fhall be found in 
 their kingdoms, provinces, and dominions, they fhall 
 command them to depart the fame within the fpace of 
 eight days after application made by the faid King, 
 
 V. His Sacred Imperial and Royal Catholic Ma- 
 jefty, as alfo his Royal moft Chriftian Majefty, and 
 the States General of the United Provinces, do bind 
 2 themfelves,
 
 72 TREATIES WITH THE [1496 
 
 themfelves, their heirs and fticceflbrs, to maintain and 
 guaranty the fuccefiion in the kingdom of Great Bri- 
 tain, as eftablifhed by the laws of that kingdom, in the 
 Houfe of his Britannic Majefty now reigning, as like- 
 wife to defend all the dominions and provinces pof- 
 fefled by his Majefty. And they ft) all not give or 
 grant any protection or refuge, in any part of their 
 dominions, to the perfon, or his defendants, if he 
 fhould have any, who, during the life of James the 
 Second, took on him the title of Prince of Wales, and 
 fince the death of that King aflumed the royal title 
 of King of Great Britain ; promifing alike for the.n- 
 felves, their heirs and fuccefibrs, that they will not 
 give to the faid perfon or his defendants, directly or 
 indirectly, by fea or by land, any fuccour, counfel, or 
 afliftance whatfoever, either in money, arms, military 
 ftores, {hips, foldiers, mariners, or any other manner 
 whatfoever. The fame they fhall obferve with regard 
 to thofe who may be ordered or commifiioned by the 
 faid perfon, pr his defcendants, to difturb the govern- 
 ment of his Britannic Majefty, or the tranquillity of 
 his kingdom, whether by optn war or clandeftine con- 
 fpiracies, by raifing feditions and rebellions, or by ex- 
 ercifing piracy on his Britannic Majefty's fubjects. In 
 which laft cafe his Imperial and Royal Catholic Ma- 
 jefty doth promile, that he will in no wife allow that 
 there be any receptacle granted to fuch pirates in his 
 ports in the Netherlands. The fame do his Sacred 
 mod Chriftian Majefty, and the States General of the 
 United Provinces, ftipulare, with regard to the ports 
 in their refpedtive dominions : as, on the other hand, 
 his Britannic Majefty doth promife, that he will re- 
 fufe any refuge in the ports of his kingdoms to pi- 
 rates infefting the fubjects of his Sacred Imperial and 
 Royal Catholic Majefty, of his Sacred Royal mod 
 Chriftian Majefty, or of the Lords the States General. 
 Laftly, His Imperial and Royal Catholic Majefty, his 
 Sacred Royal moft Chriitian Majefty, and the Lords 
 the States General, oblige themfelves, that they never 
 
 will
 
 I743-] AUSTRIAN NETHERLANDS. 275 
 
 will give any refuge or protection, in any part of 
 their dominions, to fuch of his Britannic Majefty's 
 fubjedts as actually are, or hereafter fhall be declared 
 rebels ; and in cafe any fuch fhall be found in any of 
 their kingdoms, provinces, and dominions, they fhall 
 command them, within eight days after application 
 made by the faid King, to depart out of their territo- 
 ries. And if it mould happen that his Sacred Bri- 
 tannic Majefty mould be invaded in any part in a 
 hoftile manner, his Imperial and Royal Catholic Ma- 
 jefty, as likewife his Royal moft Chriftian Majefty, 
 and the States General of the United Provinces^ do 
 oblige themfelves in that cafe to furniih the fuccours 
 hereafter fpecified. The fame they are to do in favour 
 of his defcendants, if ever it mould happen that they 
 ihould be difturbed in the fucceflion of the kingdom 
 of Great Britain. 
 
 VI. His Imperial and Royal Catholic Majefty, and 
 their Royal Britannic and moft Chriftian Majefties, 
 do bind themfelves, their heirs and fucceflbrs, to pro.- 
 tect and guaranty all the dominions, jurifdictions, and 
 provinces, which the Lords the States General of the 
 United Provinces actually poflefs, againft all perfons 
 whatfoever who may difturb or invade them, promif- 
 ing to furnifh them in fuch cafe with the fuccours here- 
 after mentioned. His Imperial and Royal Catholic 
 Majefty, and their Royal Britannic and moft Chriftian 
 Majefties, likewife oblige themfelves, that they will 
 give no refuge or protection, in any of their kingdoms, 
 to the fubjects of the States General, who are, or here- 
 after mail be declared rebels ; and if any fuch fhail 
 be found in any of their kingdoms, dominions, or 
 provinces, they will take care to fend them out of their 
 dominions within the fpace of eight days after applica- 
 tion made by the Republic. 
 
 VII. When it fhall happen that any one of the four 
 contracting Power* fhall be invaded by any other 
 Prince or State, or difturbed in the pofieffion of their 
 
 VOL. I. T kingdoms
 
 274 TREATIES WITH THE [1496 
 
 kingdoms or dominions, by the violent detention of 
 their fubjects, (hips, goods, or merchandize, by lea 
 or by land, then the three remaining Powers lhall, as 
 foon as they are required thereto, ufe their good offices 
 that the party fuftering may have fatisfadtion for the 
 damage and injury received, and that the aggreflbr 
 may abftain from the profecution of his hoftility. But 
 when thefe friendly offices for reconciliation, and pro- 
 curing fatisfadtion and reparation to the injured party; 
 ihall have proved infufficietit, in that cafe the high 
 allies, within two months after application made, lhall 
 furnilh the party invaded with the following fuccours, 
 jointly or feparately ; viz. 
 
 His Imperial and Royal Catholic Majefty, eight 
 thoufand foot, and four thoufand horfe. 
 
 His Britannic Majefty, eight thouiand foot, and four 
 thoufand horfe. 
 
 His mod Chriftian Majefty, eight thoufand foot, 
 and four thoufand horlc. 
 
 And the Lords the States General, four thoufand 
 foot, and two thoufand horfe. 
 
 But if the Prince or party injured, inftead of foldiers 
 chufes rather Ihtps of war, or tranlports, or fubfidies 
 in money, which is left to his difcretion, in that cafe, 
 the fhips or money defiretl (hall be granted him in pro- 
 portion to the charge of the foldiers to be furnilhed. 
 And, that all ambiguity with regard to the calculation 
 and charge of fuch fums may be taken away, it is 
 agreed, that a thoufand foot by the month, lhall be 
 reckoned at ten thoufand florins of Holland, and a 
 thoufand horfe lhall be reckoned at thirty thoufand 
 florins of Holland, by the month ; the fame proportion 
 being obferved with relpeft to the Ihips. 
 
 ."When the above-named fuccours ihall be found in- 
 lufficient for the necefllty impending, the contracting 
 Powers lhall, without, delay, agree on contributing 
 more ample fupplies. And farther, in cafe of exi- 
 gency,, they lhall afiift their injured ally -with all their 
 forces, and declare war agajpft the aggrefibr. 
 
 3 VIII. The
 
 I743-] AUSTRIAN NETHERLANDS, 275 
 
 VIII. The Princes and States upon whom the 
 contracting Powers fhall unanimoufly agree, may ac- 
 cede to this treaty j and the King of Portugal by name. 
 
 This treaty fhall be approved and ratified by their 
 Imperial, Britannic, and moft Chriilian Majefties, and 
 by the High and Mighty Lords the States General of 
 the United Provinces, and the inftruments of ratifi- 
 cation fliall be exchanged at London, and reciprocally 
 delivered within the fpace of two months, or fooner, 
 if pofiible. 
 
 In witnefs whereof, we the underwritten (being fur- 
 nifhed with full powers, which have been mu- 
 tually communicated, and the copies whereof 
 having been in due form by us collated and exa- 
 mined with the originals, are word for word in- 
 feited at the end of this inftrument) have fub- 
 fcribed this prefent treaty, and thereto put our 
 
 f , -r^ r , , r.vertv-terond of July, O. S. 
 
 feals. Done at London, the icculit;ot J a l t> lN . . 
 
 anno Domini one thoufand feven hundred and 
 eighteen* 
 
 (L. S.) Cbrif. Penterridter (L. S.) Du&ois. 
 
 ab Adeljhaufen. (L. S.) W.Cant.. 
 (L. S.) Parker, C. 
 (L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 
 
 (L.S.) Kmgftan 3 C.P.S* 
 
 (L.S.) Kent. 
 
 (L, S.) Holies Newcafle, 
 
 (L.S.) Bolton. 
 
 (L. S.( Roxburgh. 
 
 (L.S.) Berkeley. 
 
 (L. S.) y Craggs* 
 
 WE having feen and confidered the above -written 
 treaty, have approved, ratified, and confirmed, as by 
 thefe prefents, we do, for us, our heirs and fucceflbrs, 
 approve, ratify, and confirm the fame in all and fin- 
 gular its articles and claufes, engaging and promifing, 
 upon our Royal word, fmcerely and faithfully to per- 
 T 2 form
 
 476 TREATIES WITH THE [1496 
 
 form all and fingular the contents of the faid treaty, 
 and never to fuffer, as far as in us lies, any perfon 
 to violate the fame, or in any manner to aft contrary 
 thereunto. In witnefs whereof, we have caufed our 
 great feal of Great Britain to be affixed to thefe pre- 
 fents, figned with our Royal hand. Given at our 
 palace at Kenfington, the feventh day of Auguft, in 
 the year of our Lord 1718, and of our reign the 
 fifth. GEORGE R. 
 
 G E O R G E, by the grace of God, of Great Britain, 
 France, and Ireland, King, Defender of the Faith, 
 Duke of Brunfwick and Lunenburg, Arch-Treafurei 
 of the Holy Roman Empire, and Prince Elector, 
 &c. To all and fingular, to whom thefe prelents fhall 
 come, greeting. Whereas, befides the treaty of paci- 
 fication to be made between the Emperor of the Ro- 
 mans and the King of Spain, and between the faid 
 Emperor and the King of Sicily, and the treaty made 
 between us and our good brother the faid Emperor of 
 the Romans, and our good brother die mod Chriftian 
 King, and our good friends the High and Mighty 
 Lords the States General of the United Netherlands 
 concluded by Plenipotentiaries fufficiently furnifhed on 
 all fides with orders and authority, in our city of Lon- 
 don, the twenty-fecond day of July laft paft, O. S. 
 certain feparate and fecret articles, to the faid treaty 
 belonging, were alfo concluded and figned by the faid 
 Plenipotentiaries, in the fame place, and on the fame 
 day, in the form and words following : 
 
 Separate ana 1 Secret Ar tides. 
 
 I. WHEREAS the mod Serene and moft Potent 
 King of Great Britain, and the mod Serene and moft 
 Potent the moft Chriftian King, as likewile the High 
 and Mighty Lords the States General of the Unitec 
 Netherlands, by virtue of the treaty between them 
 this day concluded and figned, have agreed on cer- 
 tain
 
 I743-] AUSTRIAN NETHERLANDS. 277 
 
 tain conditions, whereby a peace may be made be- 
 twixt the moil Serene and moft Potent Emperor of 
 the Romans, and the moft Serene and moft Potent 
 King of Spain, as alfo between his Sacred Imperial 
 Majefty aforefaid, and the King of Sicily (whom 
 hereafter it is thought fit to call the King of Sardinia) 
 which conditions they have communicated to the three 
 Princes aforefaid, as a bafis of the peace to be efta- 
 blifhed between them ; his Sacred Imperial Ma- 
 jefty, being moved by the moft weighty reafons which 
 induced the King of Great Britain, the moft Chriftian 
 King, and the States General aforefaid, to take upon 
 themfelves fo great and fo wholefome a work, and, 
 yielding to their circumfped and urgent counlels and 
 perfuafions, declares that he doth accept the laid con- 
 ditions or articles, none of them excepted, as fixed and 
 immutable conditions, according to which he agrees 
 to conclude a perpetual peace with the King of Spain 
 and the King of Sardinia. 
 
 II. But becaule the King of Spain and the King of 
 Sardinia have not yet confented to the faid conditions, 
 his Imperial Majefty, as likewife their Royal Britannic 
 and moft .Chriftian Majefties, and the States General 
 aforefaid, have agreed to allow them, for confenting 
 thereto, the fpace of three months, to be computed 
 from the day of figning this prcfent treaty, as judging 
 this interval of time iufficient for them duly to weigh 
 the faid conditions, and finally determine and declare 
 themfelves whether they are willing to accept them as 
 fixed and immutable conditions of their pacification 
 with his Imperial Majefty, as from their piety and 
 prudence it may be hoped they will do, and, following 
 the example of his Imperial Majefty, that they will 
 be induced to moderate their paffions, and, out of re- 
 gard to humanity, that they will prefer the public 
 tranquillity to their own private opinions , and at the 
 fame time not only fpare the effufion of their own 
 people's blood, but avert the calamities of war from 
 the other nations of Europe : to which end their Bri- 
 T 3 tannic
 
 27$ TREATIES WITH THE (1496 
 
 tannic and moft Chriftian Majefties, and the States 
 General of the United Netherlands, will jointly and 
 feparately contribute their moft effectual offices for in- 
 clining the faid Princes to fuch an acceptation. 
 
 III. But if, contrary to all expectation of die parties 
 above contracting, and the wifhes of all Europe, the 
 King of Spain, and the King of Sardinia, after the 
 term of three months elapfed, fhould decline to ac- 
 cept the faid conditions of pacification propofed be- 
 twixt them and his Imperial Majefty, fmce it is not 
 reafonable that the tranquillity of Europe fhould de- 
 pend upon their refufal, or private defigns, their Bri- 
 tannic and moft Chriftian Majefties, and the States 
 General, do promife that they will join their forces 
 with thofe of his Imperial Majefty, in order to com- 
 pel them to the acceptance and execution of die afore - 
 faid conditions. To which end they will furnifh his 
 Imperial Majefty, jointly and feparately, with the felf- 
 fame fuccours with which they have agreed upon their 
 reciprocal defence, by the feventh article of the treaty 
 figned this day, unanimoufly confcncing that the moft 
 Chriftian King fhall, inftead of foldiers, contribute his 
 quota in money. And if the fuccours Ibecified in the 
 faid feventh article fhall not be iufficient for compafTing 
 the end propofed, then the four contracting parties 
 fhall without delay agree of more ample fuccours to 
 be ftirnifhed to his Imperial Majefty, and fhall con- 
 tinue the fame till his Imperial Majefty fhall have re- 
 duced the kingdom cf Sicily, and till his kingdoms 
 and provinces in Italy fhall enjoy full fecurity. It is 
 farther agreed, and that in exprefs words, that if, by 
 reafon cf the fuccours which their Britannic and moft 
 Chriftian Majefties, and the Lords the States General, 
 fhall furnifh to his Imperial Majtlly, by virtue and in 
 execution of the prefent treaty, the Kings of Spain 
 and Sardinia, cr either cf them, Ihall declare or wage 
 war againft any one of the faid contractors, either by 
 attacking them in their dominions, or by violently 
 detaining their fubjects or fhips, their goods and mer- 
 chandizes,
 
 1 743.] AUSTRIAN NETHERLANDS. 279 
 
 chandizes, by fea or land, in that cafe the two other, 
 of the contracting Powers fhall immediately declare 
 war againft the faid Kings of Spain and Sardinia, or 
 againft him of the two Kings who fhall have de- 
 nounced or waged war againft any one of the faid 
 contracting Powers; nor lhall they lay down their 
 arms before the Emperor fhall be pofTefTcd of Sicily, 
 and made fecure with regard to his kingdoms and 
 provinces in Italy, and likewife juft fatisfaction fhall 
 be given to him of the three contracting Powers who 
 lhall have been invaded or fufFered damage by reafon 
 of the prefent treaty. 
 
 IV. When only one of the two Kings aforefaid, 
 who have not yet confented to the conditions of peace 
 to be made with his Imperial Majefty, ihall accept 
 them, he likewife fhall join himfelf with the four con- 
 tracting Powers, to compel him that fhall refufe the 
 faid conditions, and\ fhall furnilh his quota of fuccours 
 according to the diflribution to be made thereupon. 
 
 V. If the Catholic King, out of regard to the public 
 good, and a perfuafion that an exchange of the king- 
 doms of Sicily and Sardinia is necefTary for the main- 
 tenance of the general peace, fhall agree thereto, and 
 embrace the conditions of peace to be made with the 
 Emperor as above ; and on the other hand, if the King 
 of Sardinia fhall reject fuch an exchange, and perfift 
 in retaining Sicily; in that cafe the King of Spain fhall 
 reftore Sardinia to the Emperor, who (faving his fu- 
 preme dominion over it) fhall put the fame into the 
 cuftody of the moft Serene King of Great Britain, 
 and of the Lords the States General, forfo long time, 
 till Sicily being reduced, the King of Sardinia fhall 
 fign the above-mentioned conditions of a treaty with 
 the Emperor, and fhall agree to accept the kingdom 
 of Sardinia as an equivalent for the kingdom of 
 Sicily ; which being done, he fhall be admitted into 
 the pofleflion thereof by the King of Great Britain 
 and the States General. But if his Imperial Majefty 
 
 "T 4 fhould
 
 280 TREATIES WITH THE [1496 
 
 fhould not be able to conquer Sicily, and reduce it 
 under his power, in that cafe the King of Great Bri- 
 tain, and the States General, fhall reft ore to him the 
 kingdom of Sardinia; and in the mean time his Im- 
 perial Majefty (hall enjoy the revenues of the faid 
 kingdom, which fhall exceed the charge of keeping 
 it 
 
 VI. But in cafe the King of Sardinia fhall confent 
 to the faid exchange, and the King of Spain fhall re- 
 fufe, in this cafe the Emperor, being aided by the fuc- 
 cours of the reft of the contractors, fhall attack Sar- 
 dinia ; with which fuccours they on their part promifc 
 to furnilh him j as the Emperor promifcs on his part, 
 that he will not lay down his arms till he fhall have 
 pofiefled himfelf of the whole kingdom of Sardinia, 
 which immediately after fuch pofTeflion he lhallgive up 
 to the King of Sardinia. 
 
 . VII. But if both the Kings of Spain and Sardinia 
 fhall oppofc the exchange of Sicily and Sardinia, the 
 Emperor, together witli the fuccours cf the allies, 
 fhall in the firft place attack Sicily, and having reduced 
 it, he fhall turn his arms againft Sardinia, with fuch a 
 number of forces, befides the fuccours of the allies, as 
 he fhall judge necefiary for both expeditions : and, 
 having likewife reduced Sardinia, his Imperial Ma- 
 jefty fhall commit the cuftody thereof to the King or 
 Great Britain, and to the Lords the States General, 
 till the King of Sardinia lhall have figned the condi- 
 tions of peace to be made with the Emperor, and 
 lhall confent to accept the kingdom of Sardinia as an 
 equivalent for the kingdom otS icily, which then is to 
 be delivered up to him by his Britannic Majefty and 
 the States General; and in the mean time his Impe- 
 rial Majefty fhall enjoy the revenues of that kingdom, 
 which fhall exceed the charge of keeping it, 
 
 YIII. In cafe the Catholic King and the Kin^ of 
 Sardinia, or either of them, lhall refufe to accept and 
 execute the abovefajci conditions of peace to them 
 
 propofec\,
 
 1743-3 AUSTRIAN NETHERLANDS. 281 
 
 propofed, and for that reafon the four contracting 
 Powers ihould be compelled to proceed againft them, 
 or either of them, by open force ; it is exprefsly co- 
 venanted, that the Emperor (what progrefs foever his 
 arms may make againft the faid two Kings, or either 
 of them) (hall be content, and ought to acquiefce in 
 the advantages by mutual confent allotted to him in 
 the faid conditions, power neverthelefs being referved 
 to his Imperial Majefty of recovering the rights which 
 he pretends to have over that part of the dutchy of 
 Milan, which the King of Sardinia now poiTerTes, 
 either by war, or by a treaty of peace fubfequent upon 
 fuch war ; power being likewife referved to the other 
 three allies, in cafe fuch a war (hould be undertaken 
 againft the Kings of Spain and Sardinia, to agree with 
 his Imperial Majefty in appointing fome other Prince, 
 in whofe favour his Imperial Majefty may difpofe of 
 that part of the dutchy of Montferrat, now pofTefTed 
 by the King of Sardinia, in exclufion of the faid King; 
 and to what other Prince or Princes he may, with the 
 confent of the empire, grant the letters of expeftative, 
 containing the eventual inveftiture of the ftates now 
 poffeffed by the Grand Duke of Tufcany, and by the 
 Duke of Parma and Placentia, in exclufion of the 
 fons of the prefent Queen of Spain. This declara- 
 tion being added, that in no time or cafe whatfoever, 
 either his Imperial Majefty, or any Prince of the 
 Houfe of Auftria, who lhall poflels the kingdoms, 
 dominions, and provinces of Italy, may aflert or gain 
 to himfelf the faid dutchies of Tufcany and Parma. 
 
 IX. But if his Imperial Majefty, after his efforts 
 by a fufficient number of forces, and the fuccours and 
 other means of the allies, and by ufmg all convenient 
 diligence, ftiould not be able by arms to fubdue, or to 
 eftablifli himfelf in the pofleflion of Sicily, the con- 
 trading Powers do agree and declare, that his Imperial 
 Majefty is, and fhall be in that cafe, altogether free 
 and discharged from every obligation entered into by 
 this treaty, of agreeing to make a peace with the 
 
 King s
 
 TREATIES WITH THE [1496 
 
 Kings of Spain and Sardinia, on the conditions above- 
 mentioned. All other the articles of this treaty never- 
 thelefs to remain good, which mutually regard his 
 Imperial Majefty, their Britannic and moft Chriftian 
 Majefties, and the Lords the States General of the 
 United Netherlands. 
 
 X. However, as the fecurity and tranquillity of 
 Europe is the end and fcope of the renunciations to 
 be made by his Imperial Majefty, and by his Catholic 
 Majefty, for themlelves, their defendants, and fuc- 
 cefTors, of all pretenfions to the kingdom of Spain^ 
 and the Indies, on the one part ; and on the kingdoms, 
 dominions, and provinces of Italy, and the Auftrian 
 Netherlands, on the other part ; the faid renunciations 
 lhall be made, on the one and the other part, in man- 
 ner and form as in the fecond and fourth articles of 
 the conditions of a peace to be made between his 
 Imperial Majefty, and his Royal Catholic Majefty, has 
 been agreed. And though the Catholic King fhoulcj 
 refuic to accept the aforefaid c'.ulitions, the Emperor 
 neverthelefs fhall caufe the inftruments of his renun- 
 ciation to be difpatched, the publication whereof fhall 
 however be deferred till die day of figning the peace 
 with the Catholic King.. And if the Catholic King 
 Jhould conftantly perfift in rejecting the faid peace, his 
 Imperial Majefty neverthelefs, at the time when the 
 ratifications of this treaty fliall be exchanged, fhall de- 
 liver to the King of Great Britain a folemn act of the 
 faid renunciations, which his Britannic Majefty, pur- 
 fuanc to the common agreement of the contracting 
 Powers, doth promife fhall not be exhibited to the 
 moft Chriftian King before his Imperial Majcfty fhall 
 come into the pofTeflion of Sicily. But that be ir.^ 
 obtained, then the exhibition, as well as publication of 
 the faid act of his Imperial Majefty's renunciations, 
 fhall be performed upon the firlt demand of the moft 
 Chriftian King. And thole renunciations fhall take 
 place, whether the Catholic King fhall lign the peace 
 with the Emperor or no ; by reafon that, in this laft 
 
 cafe,
 
 I743-] AUSTRIAN NETHERLANDS. 2*3 
 
 cafe, the guaranty cf the contra&ing parties fhall be 
 to the Emperor in lieu of that fecurity which otherwife 
 the renunciations of the Catholic King would have 
 given to his Imperial Majefty for Sicily, the other 
 States of Italy, and the provinces of the Netherlands. 
 
 XI. His Imperial Majefty dothpromife that he will 
 not attempt or enterprife any thing againft the Catholic 
 King, or the King of Sardinia, or in general, againft the 
 neutrality of Italy, in that fpace of three months allowed 
 them for accepting the conditions of their peace with the 
 Emperor. But if, within the faid fpace of three months, 
 the Catholic King, inftead of accepting the faid con- 
 ditions, lhall rather perfift in the proiecuting of his 
 hoftilities againft his Imperial Majefty; or if the King 
 of Sardinia Ihould with arms attack the provinces 
 which the Emperor porTeffes in Italy; in that cafe their 
 Britannic and moft Chriftian Majefties, and the Lords 
 the States General, oblige thernfelves inftantly to 
 furnifh his Imperial Majefty, for his defence, with the 
 fuccours which, in virtue of the treaty this day figned, 
 they have mutually agreed to lend one another for their 
 reciprocal defence ; and that jointly or feparately, and 
 without waiting the expiration of the two months 
 otherwife prefixed in the faid treaty for the employ- 
 ing of friendly offices. And if the fuccours Ipecified 
 by the faid treaty fhouid not be fufHcient for the end 
 propofed, the four contracting parties fhall immediate- 
 ly agree amongft themfelves to fend more powerful 
 afiiftance to his Imperial Majefty. 
 
 XI.I. The eleven foregoing articles are to be kept 
 fecret by his Imperial Majefty, their Britannic and 
 moft Chriftian Majefties, and the States General, for 
 the fpace of three months, from the day of the iigning, 
 unltfs it fhall be unanimoufly agreed by them to ftior- 
 ten or prolong the faid term : and though the faid 
 eleven articles be feparate from the treaty of alliance 
 this day figned by the four contracting parties afore- 
 faid, they fhall neverthelefs have the fame power and 
 
 force
 
 2&4 TREATIES WITH THE [1496 
 
 force as if they had been word for word inferteci 
 therein, fince they are deemed to be an eflential part 
 thereof. 
 
 The ratifications thereof {hall moreover be ex- 
 changed at die fame time as die other articles of the 
 faid treaty. 
 
 In witnefs whereofj we the under-written, by virtue 
 of the full powers this day mutually exhibited, 
 have fubfcribed thefe feparate articles, ind thereto 
 have affixed our feals. Done at London, the 
 
 *ittj$$:i anno Domini 1718. 
 (L.S.) Cbrif. Penterridter (L. S.) Dubois. 
 
 ab Adeljbaufm. (L. S.) IV. Cant. 
 
 (L. S.) Parker, C. 
 (L. S.) Jo. Pbil. Hoffman. (L. S.) Sunderland, P. 
 
 (L.S.) KingJlon,C.P.S< 
 
 (L. S.) Kent. 
 
 (L. S.) Holies Newcafllt. 
 
 (L. S.) Bolton. 
 
 (L. S.) Roxburgbf. 
 
 (L. S.) Berkeley. 
 
 (L. S.) J. Craggs. 
 
 WE having feen and confidered the feparate and fe- 
 cret articles above-written, have approved, ratified, 
 and confirmed, as by thefe prefents we do, for us, our 
 heirs and fucceflbrs, approve, ratify, and confirm the 
 lame, in all and fingular their claufes, engaging and 
 promifing, upon our Royal word, fmcerely and faith- 
 fully to perform and obferve all and fingular the con- 
 tents of the faid feparate and fecret articles, and never 
 to fuffer, as far as in us lies, any perfon to violate 
 them, or in any manner to ac*t contrary thereunto, 
 Jn witnefs and confirmation whereof we have caufed our 
 great feal of Great Britain to be affixed to thefe prefents, 
 figned with our Royal hand. Given at our palace at 
 Kenfington, the feventh day of Auguft, in the year of 
 our Lord feventeen hundred and eighteen, and of our 
 reign the fifth. GEORGE/?. 
 
 GEORGE>
 
 1743-] AUSTRIAN NETHERLANDS. 28$ 
 
 GEORGE, by the grace of God, of Great Bri- 
 tain, France, and Ireland, King, Defender of the Faith, 
 Duke of Brunfwick and Lunenburg, Arch-Treailirer 
 of the Holy Roman Empire, and Prince Elector, &c. 
 To all and fmgular, to whom thefe prefents (hall come, 
 greeting. Whereas, befides the treaty of pacification 
 to be made between the Emperor of the Romans and 
 the King of Spain, and between the faid Emperor and 
 the King of Sicily, and the treaty made between us 
 and our good brother the faid Emperor of the Romans, 
 and our good brother the moil Chriftian King, and 
 our good frknds the High and Mighty Lords the 
 States General of die United Netherlands, concluded 
 by Plenipotentiaries fufficiently furnifhed on all fides 
 with orders and authority, in our city of London, the 
 twenty-fecond day of July laft pail, O. S. certain 
 feparate articles, being four in number, to the faid 
 treaty belonging, were alfo concluded and figned ie- 
 verally by the faid Plenipotentiaries, in the fame place, 
 and on the fame day, in the form and words fol- 
 lowing. 
 
 Separate Article. 
 
 WHEREAS the treaty, this day made and figned 
 between his Imperial Majefry, his Britannic Majefty, 
 and his moil Chriftian Majefty (containing as well iuch 
 conditions as have been thought moil equitable and 
 proper for cilablifhing a peace betwixt the Emperor 
 and the Catholic King, and betwixt the faid Emperor 
 and the King of Sicily, as the conditions of an alliance 
 made for preferving the public peace between the 
 faid contracting Powers) hath been communicated to 
 the High and Mighty Lords the States General of the 
 United Netherlands: and whereas the feparate and 
 fecret articles likewife figned this day, and containing 
 the meafures which it has been thought fit to take 
 for putting the abovefaid treaty in execution, are like- 
 wife fhortly to be propofed to the States General 
 aforefaid : the inclination which that Republic has 
 fliewa for restoring and efcabiilhing the public tran- 
 quillity,
 
 286 TREATIES WITH THE [1496 
 
 quillity, leaves no room of doubt but they will moft 
 readily accede thereto. The States General aforefaid 
 are therefore by name inferted as contracting parties in 
 the faid treaty, in moil certain hope that they will 
 enter therein, as- foon as the ufual forms of their go- 
 vernment will allow. 
 
 But if, contrary to the hopes and wiihes of the con- 
 tracting parties (which neverthelefs is not in the leaft 
 to be fufpcfted) the faid Lords the States General 
 .fhall not take their refolution to accede to the faid 
 treaty, it is exprefsly agreed and covenanted between 
 the faid contracting parties, that the treaty above-men- 
 tioned, and this day figned, lhall neverthelefs have its 
 efFecl: among them, and (hall in all its claufes and ar- 
 ticles be put in execution in the fame manner as there- 
 in is fet forth, and the ratifications thereof fhall be ex- 
 hibited at the times above fpecified. 
 
 This feparate article lhall have tjie fame force as 
 if it had been word for word inferted in the treaty this 
 day concluded and figned, and fhall be ratified in 
 the fame manner, and the inftruments of ratification 
 (hall be delivered within the fame time, with the treaty 
 itfelf. 
 
 In witnefs whereof we the under- written, by virtue 
 of the full powers this day mutually exhibited, 
 have figned this feparate article, and thereto 
 have affixed our feals. Done at London, the 
 
 Domini .718- 
 
 (L.S.) Cbrif. Penterridter (L. S.) Dubois. 
 
 ab Adeljhaufen. (L.S.) W. Cant. 
 
 (L. S.) Parker, C. 
 (L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 
 
 (L. S.) KinvJlon>C.P.S. 
 
 (L.S.) Kent. 
 
 (L.S.) Holies Ncvcaflt. 
 
 (L.S.) Bolton. 
 
 (L. S.) Roxburgh^ 
 
 (L.S.) Barkeley. 
 
 Separate
 
 1743-3 AUSTRIAN NETHERLANDS. 2*7 
 
 Separate Artide. 
 
 BUT if the Lords the States General of the 
 United Netherlands ihould happen to think it too 
 hard for them to contribute their lhare of pay to the 
 Swjfs Cantons, for maintaining the garrifons of Leg- 
 horn, Porto-Ferraio, Parma, and PJacentia, accord- 
 ing to the tenor of the treaty of alliance this day con- 
 cluded, it is exprefsly -provided by this feparate article, 
 and agreed between the four contracting Powers, that 
 in fuch cafe the Catholic King may take upon him the 
 faid.fliare of the Lords the States General. 
 
 This feparate article fhall have the fame force as if 
 it had been word for word inferted in the treaty this 
 day concluded and figned, and fliall be ratified in the 
 fame manner, and the inftruments of ratification fhall 
 be delivered within the fame time, with the treaty it- 
 felf. 
 
 In witnefs whereof we the under-written, by virtue 
 of the full powers this day mutually exhibited, 
 have figned this feparate article, and thereto 
 have affixed our feals. Done at London, the 
 "/ - f / uly K '- S ' ann Domini one thoufand feven 
 
 ad or. Aug. N. S. 
 
 hundred and eighteen. 
 
 (L. S.) Chrif. Penterridter (L.S.) Dulois. 
 
 ab Addjhaiifen. (L.S.) W.Cant. 
 < (L. S.) Parker, C. 
 
 (L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 
 
 (L.S.) KingJton,C.P.S~ 
 -(L.S.) Kent. 
 (L.S.) Holies Newcajlle. 
 (L. S.) Bolton. 
 (L.S.) Roxburghe. 
 (L.S.) Barkdey. 
 (L.S.) J.Craggs. 
 
 Separate Artide. 
 
 WHEREAS in the treaty of alliance this day to 
 be figned with his Imperial and Catholic Majefty, as 
 
 likewile
 
 *8S TREATIES WITH THE [i 49 
 
 likewife in the conditions of peace inferted therein, 
 their Sacred Royal Britannic and mod Chriftian Ma- 
 jefties, and the Lords the States General of the United 
 Netherlands, do ftyle the prefent pofleflbr of Spain 
 and the Indies Catholic King, and the Duke of Savoy 
 King of Sicily, or alfo King of Sardinia : and whereas 
 his Sacred Imperial and Catholic Majefly cannot ac- 
 knowledge thefe two Princes as Kings, before they 
 fhall have acceded to this treaty: his Sacred Imperial 
 and Catholic Majefty, by this feparate article, which 
 was figned before the treaty of alliance, doth therefore 
 declare and proteft, that, by the titles there either 
 given or omitted, he doth not mean in the leaft to pre- 
 judice himfelf, or to grant or allow the titles of King 
 to the faid two Princes, only in that cafe when they 
 Ihall have acceded to the treaty this day to be figned, 
 and (hall have agreed to the conditions of peace fpe- 
 cified therein. 
 
 This feparate article fhall have the fame force as if 
 
 it had been word for word inferted in the treaty this 
 
 day concluded and figned, and fhall be ratified in the 
 
 fame manner, and the inftruments of ratification fhall 
 
 be delivered within the fame time, with the treaty itfelf. 
 
 In witnefs whereof, we the under-written, by virtue 
 
 of the full powers this day mutually exhibited, 
 
 have figned this feparate article, and thereto 
 
 have affixed our feals. Done at London, the 
 
 d of July, O.S. ,^ . . 
 
 SSWS&TS. a 10 Domini 1718. 
 
 (L.S.) Cbrif. Penterrldter (L. S.) Dubois. 
 
 ab Adeljhaujen. (L. S.) IV. Cant. 
 
 (L.S.) Parker, C. 
 
 (L. S.) Jo. Phil. Hoffinan. (L. S.) Sunderland, P. 
 
 (L.S.) Kingfton,C.P.S. 
 
 (L.S.) Kent. 
 
 (L.S.) Holies Newcaflk. 
 
 (L.S.) Bolton. 
 
 (L.S.) Roxbitrgbe. 
 
 (L.S.) Barke/ty. 
 
 (L. S.) J. Craggs. 
 
 Separate
 
 1743-1 AUSTRIAN NETHERLANDS. 289 
 
 Separate Article. 
 
 WHEREAS fome of the titles which his Sacred 
 Imperial Majelty makes ufe of, either in his full powers, 
 or in the treaty of alliance this day. to be figned with 
 him, cannot be acknowledged by his Sacred Royal 
 moft Chriftian Majefty ; he doth declare and proteft 
 by this feparate article, which was figned before the 
 treaty of alliance, that by the faid titles given in this 
 treaty, he doth not mean to prejudice either himfelf or 
 any other, or that he in the leaft gives any right there- 
 by to his Imperial Majefty. 
 
 This feparate article fhall have the fame force as if 
 it had been word for word inferted in the treaty this 
 day cancludeci and figned, and fhall be ratified in the 
 fame manner, and the inftruments of ratification fhall 
 be delivered within the fame time, with the treaty it- 
 felf. 
 
 In witriefs whereof we the under-written, by virtue 
 of the full powers this day mutually exhibited, 
 have figned this fep'arate article, and thereto 
 have affixed our feals. Done at London, the 
 
 aid of Tulv, O. S. -r^ i r , j r 
 
 2 d of AH* N. b > anno Domini one thcuiand feven 
 hundred and eighteen. 
 
 (L. S.) Chrif. Penterridter (L. S.j Dubois. 
 
 ab Adelfiaxfen. (L. S.J W. Cant. 
 
 (L. S.) Parker i C. 
 
 (L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 
 :.-..: (L.S.) Kingfton,C.P.S. 
 
 (L.S.) Kent. 
 
 (L.S.) Holies Newteftle. 
 
 (L.S.) Be/ten. 
 
 (L.S.) Rcxturgbet 
 
 (L.S.) Berkeley * 
 
 (L.S.) J.Creggs. 
 
 WE having feen and confidered the foiir feparate 
 articles above-written, have approved, ratified, and 
 Confirmed, as by thefe prefencs we do, f6r us, our heirs 
 
 Vat. I. ^ and
 
 90 TREATIES WITH THE [1496 
 
 and fucceflbrs, approve,. ratify, and confirm the fame, 
 in all and fingular dieir claufes, engaging and promifing,, 
 upon our Royal word, fincerely and faithfully to per- 
 form and obferve all and fingular the contents of the 
 fbur feparate articles aforefaid, and never to fuffer, as 
 far as in us lies, any perfon to violate them, or in 
 any manner to act contrary thereunto. In witnefs and 
 confirmation whereof, we have caufed our great feal of 
 Great Britain to be affixed to thefe prefents, figned 
 with our Royal hand. Given at our palace at Ken- 
 fington, the feventh day of Auguft, in the year of our 
 Lord Seventeen hundred and eighteen, and of our 
 reign the fifth. GEORGES. 
 
 the A3 of Admifficn and AcceJ/ion of tie King of 
 Sardinia, fcfr. 
 
 WHEREAS a certain treaty, and feparate and 1 
 fecret articles, as likewife four other feparate articles 
 relating thereto, and all of them of the fame force with 
 the principal treaty, have been in due form concluded 
 and figned by the minifters plenipotentiaries of his Im- 
 perial and Catholic Mnjefty, of his Britannic Majefty, 
 and of his moft Chriftian Majefty, at London, the 
 *d^7o/A~o!> k^ P 4 ^* between the contracting parties 
 above-mentioned, the tenor of all which, word fbr 
 word; here followeth. 
 
 Here were infer ted } . 
 The treaty. 
 
 Separate and fecret articles. 
 The four feparate articles. 
 
 And whereas farther the then King of Sicily, whom 
 it is now agreed to call by the name of King of Sar- 
 dinia, according to the intention of the treaty and ar- 
 ticles above inierted, has been invited to accede fully 
 and amply to all and fingular of them, and to join 
 himfelf in due form to the contracting parties,, as if he. 
 himfelf from the beginning had been one of the con- 
 tractors: and whereas the faid King of Sardinia, hav- 
 ing maturely weighed the conditions particularly nc- 
 
 preilcd
 
 I743-] AUSTRIAN NETHERLANDS. i 9 i 
 
 preffed in the treaty and articles above inferted, has 
 not only declared himfelf willing to accept the fame, 
 and to approve them by his acceffion, but has likewife 
 granted fufficient full powers to his miniilers appoint- 
 ed to perfect the faid work. That therefore an affair 
 fo beneficial may have the defired fuccefs, we the 
 under-written minifters plenipotentiaries of his Impe- 
 rial and Catholic Majefty, of his Britannic Majefty, 
 and of his moft Chriftian Majefty, in the name and 
 by the authority of their faid Majefties, have admit- 
 ted, joined, and affociated, and by thefe prefents do 
 admit, join, and aflbciate, the aforefaid King of Sardi- 
 nia into a full and total partnerfhip of the treaty above 
 inferted, and of all and fmgular the artkles thereunto 
 belonging ; promifmg by the fame authority, that their 
 aforefaid Majefties, jointly and feparately, will entirely 
 and exactly perform and fulfil to the faid King of Sar- 
 dinia, all and fmgular the conditions, ceffions, contracts, 
 guaranties, and lecurities, contained and fet forth in 
 the treaty and articles above-mentioned ; it being far- 
 ther provided, that all and fmgular the things agreed 
 upon by the fecret articles againft the faid King of 
 Sardinia, fhall by this his prefent acceffion wholly ceafe, 
 and be aboliilied. On the other hand alfo, we the 
 under-written minifters plenipotentiaries of the King 
 of Sardinia, by virtue of the full power in due form 
 exhibited and allowed, a copy whereof is added at the 
 end of this inftrument, do hereby tcftify and promife 
 ip the name of the faid King, that our King and 
 mailer aforefaid doth accede fully and amply to the 
 treaty, and to all and fmgular the articles therein above 
 inferted: that. by this folemn acceffton he doth join 
 himfelf to the contracting parties abovefaid, as if he 
 himfelf from the beginning had been a party con- 
 tracting : and that, by virtue of this act, his faid Ma- 
 jefty the King of Sardinia doth mutually oblige and 
 bind himfelf, both for himfelf, his heirs and fuccefibrs, 
 to his Imperial and Catholic Majefty, to his Britannic 
 Majefty, and to his moft Chriftian Majefty, and, to 
 U 2 their
 
 292 TREATIES WITH THE 
 
 their heirs and fuccefibrs, jointly and feparately, that 
 he will obferve, perform, and fulfil all and fmgular the 
 conditions, ceflions, contracts, guaranties, and fecuri- 
 tiesjin the above-written treaties and articles exprcfled 
 and let forth, towards all of them jointly, and each of 
 them feparately, with the fame faith and confcience 
 as if he had been a contracting party from the begin- 
 ning, and had made,, concluded, and figned, jointly or 
 feparately, the fame conditions, ceflions, contracts, gua- 
 ranties, and fecurities, with his Imperial and Catholic 
 Majefty, his Britannic Majefty, and his mod Chriftian 
 Majefty. 
 
 This inftrument of the admiflioft and acceffion >f 
 the faid King of Sardinia fhall be ratified by all the 
 contracting parties, and the ratifications, made out in 
 due form, fhall be exchanged and mutually deliver- 
 ed at London, within the fpace of two months, or 
 fooner, if poflible, to be reckoned from the day of 
 the figning. 
 
 In witnefs whereof we the plenipotentiaries of the 
 parties contracting, being on every part furnifhed 
 with fufficient powers, have figned thefe prefents 
 with our hands, and thereto have put our feals ; 
 namely, the plenipotentiaries of his Imperial and 
 Catholic Majefty, of his Britannic Majefty, of 
 his Majefty the King of Sardinia, at London, the 
 ^4 day of MwCTter, anc * tne plenipotentiary of his 
 moft Chriftian Majefty at Paris, the 
 day of November, in the year of our Lord 1718, 
 
 (L. S.) C. Provvta. 
 (L.S.) C. de la Perrottff. 
 (L. S.) Cbrtf. Penterridtcr (L. S.) Parker, C. 
 
 ab ddeljhaujen. (L. S.) Sundtrland, P. 
 
 (L. S.) Kent. 
 
 (L. S.) Jo. Phil. He/man. (L. S.) Holies Ncwcajlle. 
 (L. S.) Bolton. 
 (L. S.) Roxburgbe. 
 (L. S.) Stanhope. 
 . (L. S.) 7. Cre K s.
 
 1743-3 AUSTRIAN NETHERLANDS. 293 
 
 His Imperial Majejlys Full Powers. 
 WE Charles the Sixth, by the Divine clemency 
 Delected Emperor of the Romans, always Auguft, King 
 of Germany, Spain, both Sicilies, Jerufalem, the In- 
 dies, Hungary, Bohemia, Dalmatia, Croatia, and Scla- 
 vonia, Archduke of Auftria, Duke of Burgundy, 
 Brabant, Styria, Carinthia, Carniola, and Wirtemberg, 
 Count of Hapfburgh, Flanders, Tyrol, and Goritia, 
 &c. &c. do make known and fignify by thefe prefents 
 ' to whom it concerns. Whereas we have often been 
 invited by the moft friendly exhortations of the moft 
 Serene and moft Potent Prince George, King of Great 
 Britain, France, and Ireland, Elector of the holy Ro- 
 man Empire, Duke of Brunfwic, to enter with him 
 into thofe meafures whereby peace and quiet among 
 all the Chriftian Princes throughout Europe might fub- 
 tift, or be <yet more certainly eftabliihed againft fuch 
 /accidents as feem to afford new occafions for wars 
 hereafter, and even now to give them : into which 
 meafures we have been informed that the moft Serene 
 and moft Potent Prince Lewis XV. the King of 
 France, together with the States General of the United 
 Netherlands, are likewife inclined to enter. Hence it 
 is, that from our fincere difpofition to the counfels of 
 peace and quiet, we have thought fit to fend the Ho- 
 nourable our Imperial and Aulic Counfellor, AfTefTor 
 of the Belgic Auftrian Council, Chriftopher Penter- 
 ridter, of Adelfhaufen, ours and the holy Roman Em- 
 pire's trufty and beloved, with full power to treat 
 with the Minifters -of the aforefaid Princes and with 
 their confederates, of all things which may tend to 
 bring about fo beneficial a defign, giving him full and 
 entire power, together with our trufty and beloved the 
 Honourable Philip Hoffman, our Refident at London, 
 to whom for this purpofe we give equal power, either 
 together, or one of them being hindered, to treat and 
 fully to conclude that affair with the faid Minifters : 
 promifing, on our Imperial and Royal word, not only 
 to ratify ail and Singular the things which .they or -etf her 
 U 3 of
 
 194 TREATIES WITH THE [1496 
 
 of them fhall fo tranfaft, treat, and conclude in our 
 name, as if they had been done by ourfelves, but that 
 we will alfo deliver our inftrument of ratification within 
 the time agreed. In witnefs whereof, we have figned 
 thefe prefents with our own hand, and have caufed 
 them to be fealed with our Imperial Royal feal. Given 
 in our ciry of Vienna, the d7th of September, in the 
 year 1717, the fixth of our Roman, the fifteenth of 
 our Spanifh, and the feventh of our Hungarian and 
 Bohemian reign. CHARLES. 
 
 (L. S.) Philip Lu<t, C. of Sin-tender/. 
 
 By the exprefs command of his Sacred Imperial 
 Catholic Royal Majefly. 
 
 'joJjn George Bud, 
 
 His Britannic Majefy's Full Powers. 
 GEORGE R. 
 
 GEORGE, by the grace of God, of Great BrU 
 tain, France, and Ireland, King, Defender of the Faith, 
 Duke of Brunfwic and Lunenburg, Arch-Treafurer 
 of the Holy Roman Empire, and Prince Elector, Sec. 
 to all and fmgular to whom thefe prefcnt letters fhall 
 come, greeting. Whereas, after the conclufion of the 
 treaties of Utrecht and Baden, we perceived fo many 
 feeds of war to remain, that the calamities of Europe 
 feemcd rather a little quieted and delayed, than wholly 
 rxtinguifhed ; we inilantly applied all our care anti 
 thoughts entirely to root out and cut off all occafions 
 of having recourfe to arms, by fettling on all fides 
 folid and durable conditions of peace. And whereas 
 the war which has arifen between the Emperor of the 
 Romans and the King of Spain rages more and more, 
 and begins to fpread more far and wide, we have there- 
 upon redoubled our endeavours, without delay to re* 
 ftore the public tranquillity, difturbed by thefe commo* 
 tions. And whereas we underftand that the heads of 
 a pacification, which we, together with the mod Chrif-
 
 1 743-1 AUSTRIAN NETHERLANDS. 295 
 
 :tian King, and the Lords the States General of the 
 :United Provinces, . have thought may be juftly and 
 equitably propofed to the parties, either now actually, 
 or liable Ihortly to be engaged in the war, have been 
 agreeably received by the faid Emperor of the Ro- 
 mans, out of his zeal for the public good. And 
 svhereas we hope farther, that the reft of the Princes 
 .concerned, having duly weighed thefe conditions, will' 
 chearfully embrace the fame; we have thought fit to 
 nominate perfons altogether qualified for that charge? 
 to bring fo great and beneficial a work to its conclu- 
 ifioru Know ye, therefore, that we repofmg great 
 truft in the fidelity, prudence, integrity, and diligence 
 of the rnoft Reverend Father -in Chrift, our right 
 trufty and right entirely beloved counfellor William 
 Archbifhop of Canterbury, Primate and Metropolitan 
 of all England; our right trufty and well-beloved 
 counfellor Thomas Lord Parker, Baron of Macclef- 
 field, our High Chancellor of Great Britain; our right 
 .trufty and right well-beloved coufm and counfellor 
 Charles Earl of Sunderland, Prefident of our council; 
 our right trufty and right entirely beloved coufins and 
 counfellors, Evelyn Duke of Kingfton, Keeper of our 
 Privy Seal; Henry Duke of Kent, Steward of our 
 houfhold; Thomas Duke of Newcaftle, Chamberlain 
 of our.faid Houfhold ; Charles Duke of Bolton, Lieu- 
 renant and Governor General of our : kingdom of Ire- 
 land j John Duke of Marlborough, Captain General 
 -of our forces; and John Duke of Roxburghe, one of 
 our principal Secretaries of State; our right trufty and 
 right well-beloved coufins and counfellors James Earl 
 of Berkeley, firft Commifiioner of our Admiralty 5 
 William Earl.Cowper., Baron of Wingham; and James 
 Earl Stanhope, one of our principal Secretaries ot 
 State; and our right trufty and well-beloved counfel- 
 lor-James Craggs, Efq; another of our principal Se~ 
 -cretaridk of State; have nominated, made, and con- 
 as by thefe .prefents we do nominate, make, 
 U 4
 
 296 TREATIES WITH THZ [1495 
 
 and coriftitute them our true, certain, and undoubted 
 Commifiioners, Procurators, and Plenipotentiaries, 
 giving and granting to them all, or any three or more 
 of them, ajl and all manner of leave, power, and 
 authority, and our general as well as fpecial command 
 (provided our general command do not derogate from 
 the fpecial, nor the contrary) to meet, treat, confer, 
 and conclude for us, and in our name, with the mi- 
 nifter or minifters, as well on the part of our good 
 Brother the Emperor of the Romans, as on the part 
 of our good brother the moft Chriftian King, and alfo 
 on the part of the Lords the States General of the 
 United Provinces of the Netherlands, having lufBcienc 
 power thereto on each part, of and upon fuch condi- 
 tions of peace, as may be moil conducive to quell the 
 commotions of .war, and to reflore and fettle the com- 
 mon tranquillity of Europe, as al&> upgn articles \yhe- 
 ther fecret or feparate, and lailly, upon all things 
 which lhall feem moft proper for promoting and per- 
 fecting thes faid work : and in our name to fign and 
 mutually to deliver and receive what fhall be fa con- 
 cluded and agreed, and to do and perform all other 
 things necefiary to be done, in as ample manner and 
 form as we ourfelyes, were we prefent, would do and 
 perform j engaging and promifing, on our Royal word, 
 xhat whatever Shall be concluded by our faid Commif- 
 iioners, Procurators, and Plenipotentiaries, or any 
 three or more of them, we will ratify, approve, and 
 accept it all in the beft manner ; and that we will never 
 fuffer any perfon to violate the fame in whole or in 
 part, or to act Contrary thereto. In witnefs and con- 
 firmation of all which, we have caufed our great feal 
 of Great Britain to be affixed to thefe prefents, figncd 
 with our Royal hand. Given at our palace at Ken-, 
 /ington, the ith day of the month of July, in the year 
 pf our Lord one thoufand fcven hundred and eighteepj 
 and of our reign the fourth. 
 
 ttf
 
 j 743-1 AUSTRIAN NETHERLANDS. 497 
 'The moft Cbriftian King's Full Powers. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all who fhall fee thefe prefent letters, 
 greeting. Being willing to contribute, as much as in 
 Xis lies, to maintain the public tranquillity reftored by 
 the treaties of Utrecht and Baden, and the eftablifh- 
 ment of the peace fo neceflary to all Europe : being 
 =befides defirous to anfwer the overtures which have 
 been made to us on the part of our moft dear and 
 moft beloved brother the King of Great Britain, with 
 a defign to prevent the confluences of the difturb- 
 ance lately raifed on occafion of the differences which 
 fubfift between our moft dear and moft beloved bro- 
 ther the Emperor of the Romans, and our moft dear 
 and moft beloved brother and uncle the King of Spain : 
 we having entire confidence in the capacity, experi- 
 ence, zeal, and fidelity for our fervice, of our beloved 
 and faithful Abbot Dubois, councilor in ordinary of 
 pur council of ftate, and in the council for foreign af- 
 fairs, fecretary of our cabinet. For thefe caufes, and 
 other good confiderations us thereunto moving, by the 
 advice of our moft de^r and moft beloved uncle the 
 Duke of Orleans, Regent, we have commifiioned, or- 
 dered, and deputed, and by thefe prefents, figned witfy 
 our hand, do commiflion, order, and depute the faid 
 Abbot Dubois, and have given, and do give him full 
 power, commiffion, and fpecial order, in the quality of 
 our Plenipotentiary, in our name, to agree with one 
 or more minifters on the part of our faid brother the 
 Emperor of the Romans, on that of our faid brother 
 and uncle the King of Spain, on that of our faid bro- 
 ther the King of Great Britain, and on that of their 
 High Mightiness our moft dear and great friends the 
 States General of the United Provinces of the Nether- 
 lands, alike authorized, by powers in due form, to fettle, 
 conclude, and fign, with the faid minifters, together 
 or feparately, fuch treaties, articles, and conventions, as 
 .the faid Abbot Dubois fhall think good; ordering that 
 jie may aft on this occaiio'n with the fame authority as 
 
 we
 
 >9 TREATIES WITH THE [1496 
 
 \ve IhouH and might do if we were prefent thereat in 
 perfon, even though there Ihould (bmething arife re- 
 quiring a more fpecial order than is contained in thefe 
 Jaid prefents. Promifing, on the faith and word of a 
 King, to approve, confirm, and keep for ever, to per- 
 ibrm and execute punctually, all that the faid Abbot 
 Dubois lhall ftipulate, promife, and fign by virtue of 
 this prefect power, without ever infringing or fuffering 
 the fame to be infringed, for any caufe, or under any 
 pretext whatfoever: as alib to difpatch our letters of 
 ratification thereof in due form, to be exchanged within 
 the time that fhall be agreed For fuch is our pleafure. 
 In witnefs whereof, we have caufed our feal to be put 
 to thefe prefents. Given at Paris, May the zfth, in 
 the year of grace one thoufand feven hundred and eigh- 
 teen, and of our reign the third, 
 
 LEWIS, 
 By the King, 
 The Duke of Qrlear.s, Regent, prefent. 
 
 Pbelypeaux* 
 
 *fbe Full Power of bis Majefty the King of S ardinia, 
 
 VICTOR Amedeo, by the grace of God, King 
 of Sicily, Jer\ifalem, and Cyprus, &c. Duke of 
 Savoy, Montferrat, &c. Prince of Piemont, &c. to all 
 thofe who fhall fee thefe prefents, greeting. The fincere 
 intention which we have always had to concur, as 
 much as in us lies, to the maintenance of the public 
 tranquillity, and to the fettlement of peace in Europe, 
 and to anfwer the defire of the three Powers on that 
 fubject, who have concluded the treaty of the quadru- 
 ple alliance at London the fecond of Auguft lafl pafl^ 
 N. S. and who have invited us to accede thereto, and 
 to accept the conditions of treaty therein contained 
 between his Imperial Majefty and us, determined us 
 thereto as foon as we were in a condition to do it. For 
 this purpofe, we trufting entirely in the capacity, experi- 
 ence, zeal, and fidelity for our fervice, of our dear, well- 
 beloved, and trufty the Count Provana, Knight, Great
 
 1743-1 AUSTRIAN NETHERLANDS. 
 
 Crofs, and Grand Conferyator of the Military Order of 
 St. Maurice and Lazarus, our Gentleman of the Cham- 
 ber, and firft Secretary at War; and of the Count de la 
 Pero'ufe, Counfellor of State, Knight of Honour to the 
 Senate of Savoy, and our Envoy extraordinary to his 
 Britannic Majefty; have chofen, nominated, and de- 
 puted, and by thefe prefents do chufe, nominate, and 
 depute them to be our Plenipotentiaries; and have given, 
 and do give them full power, commiflion, and fpecial or- 
 der, in our name, and in the faid quality of our Plenipo- 
 tentiaries, both of them jointly, or one of them alone, 
 in cafe of ficknefs or other hinderance of the other, 
 to accede to the abovefaid treaty of quadruple alliance 
 of the faid fecond day of Auguft, to which we do ac- 
 cede from this prefent timej and to promife, as we do" 
 promife, to obferve the fame, and the conventions of* 
 treaty therein contained between his Imperial Majefty 
 and us ; and to that end to fign the act which fhall be 
 made thereupon with the minifters, or the miniflef, of 
 the faid three Powers, jointly or feparately, as it fhall 
 be agreed: as alfo to make, conclude, and fign the" 
 Articles, treaties, and conventions, which they fhall 
 think good. Ordering that they may aft, on the oc- 
 paiions aforefaid, with the fame authority with which 
 we Ihould and might act if we were prefent in perfori, 
 even though there fhould fomething arife requiring a 
 more fpecial order than is contained in thefe prefents ; 
 promifmg, on the faith and word of a King, to obferve, 
 and caufe inviolably to be obferved, all which fhall be 
 done, agreed, regulated, and figned, by the faid Counts 
 Provana and de la Peroufe, our Plenipotentiaries, or 
 by one of them, in cafe of ficknefs or hinderance of 
 the other, without infringing, or furTering the fame to 
 be infringed,- directly or indirectly, for any caufe, or 
 under any pretext whatfoever: as alfo to caufe our let- 
 ters of ratification to be difpatched in due form, to be 
 exchanged within the time that ihall be agreed. In 
 witnefs whereof* we have figned thefe prefents,- caufed 
 them to be counterfigneci by th* Marquis del Borgo, 
 
 Secretary
 
 3oo* TREATIES WITH THE [1496 
 
 Secretary of our order, our Minifter and principal 
 Secretary of State for foreign affairs, and have caufetf " 
 our privy feal to be put thereunto. Given at our 
 cattle of Rivoles, the lyth of October, in the year 
 pf grace 1718, and of our reign the fifth. 
 
 V. AMEDEO. 
 (L. S.-) Del Borgo. 
 
 Ks Imperial Majeftfs Ratification of tbe Treaty for 
 Jettling tbe public Peace. 
 
 WE Charles the Sixth, by the Divine clemency 
 elected Emperor of the Romans, always Auguft, King 
 pf Germany, Spain, Hungary, Bohemia, Dalmatia, 
 Croatia, and Sclavonia, Archduke of Auftria, Duke 
 t)f Burgundy, Brabant, Milan, Mantua, Styria, Ca- 
 rinthia, Carniola, Limburg, Luxemburg, Geldfrland, 
 the Upper and Lower Silelia, and Wurtemberg, Prince 
 of Suabia, Marquis of the Holy Roman Empire., of 
 Burgaw, Moravia, the Upper and Lower Lufatia, 
 Count of Habfburg, Flanders, Tirol, Ferret, Kyburg, 
 Goritia, and Namur, Landgrave of Alfatia, Lord of 
 the Marck of Sclavonia, of Port Naon, and of Sa- 
 lines, &c. do hereby make known and attcft to all 
 whom it doth or in anywife may concern. 
 
 "Whereas, by the Divine affiftance, the following 
 treaties of peace and alliance between us and the molt 
 Serene and moft Potent Prince, George, King of 
 Great Britain and Ireland, Duke of Brunfwic and 
 Lunenburg, Elector of die Holy Roman Empire, as 
 alfo the moft Serene and mgft Potent Prince, Lewis 
 XV. King of France, and the High and Mighty 
 States General of the United Netherlands, were on 
 the 2d day of Auguft, this prefent year 1718, concluded 
 and figned at London, by the underwritten Plenipo- 
 tentiaries on all fides, furnifhed for that purpofe with 
 Sufficient orders, hereto annexed, to be ratified by all 
 of us refpectively within the fpace of two months^ 
 the tqnor of which is as follows : 
 
 b
 
 J743-] AUSTRIAN NETHERLANDS. joi 
 
 In the Name of the moft Holy and Undivided Tri- 
 nity, &c. 
 
 We having read and fully examined the articles of 
 thofe treaties and conventions, have ratified and ap- 
 proved all and each of them entirely,, as by virtue of 
 thefe prefents we do approve and ratify all and fmgular 
 the fame, and generally all that was Ib tranfafted, con- 
 eluded, and fignedj promifing, on our Imperial, Royal, 
 and Archducal word, firmly and religioufly to obferve 
 and perform them in every tiling, and never to fuffer 
 them to be infringed by us or ours ever at any time. 
 In witnefs whereof x we have fubfcribed this prefent 
 inftrument of ratification with oiir own hand, and in 
 confirmation thereof caufed our ufual feal to be af- 
 fixed thereto. Vienna, the i4th day of September 
 - in the year of our Lord one thoufand feven hundred 
 and eighteen, the feventh of our Roman, the fifteenth 
 of our Spanifh, and the eighth of our Hungarian and 
 Bohemian reigns. r 
 
 CHARLES. 
 
 Philip Lud. Count Sinzendorff. 
 
 By the exprefs command of his Sacred Imperial 
 and Catholic Royal Maiefly. 
 
 John George Buol. 
 
 His Imperial Majsftys Ratification of thefeparate and 
 
 Jecret Articles. 
 
 WE Charles the Sixth, by the Divine clemency 
 elefted Emperor of the Romans, always Auguit, King 
 -of Germany, Spain, Hungary, Bohemia, Dalmatia, 
 Croatia, and Sclavonia, Archduke of Auftria, Duke 
 of Burgundy, Brabant, Milan, Mantua, Styria, Ca- 
 rinthia, Carniola, Limburg, Luxemburg, Gelderland, 
 as alfo of the Upper and Lower Silefia, and of Wir- 
 temberg, Prince of Swabia, Marquis of the Holy 
 Roman Empire, of Burgaw, Moravia, Upper and 
 Ix>wer Lufatia, Count of Habfburg, Flanders, Tyrol, 
 
 Ferret,
 
 302 TREATIES WITH THE [1496 
 
 ferret, Kyburg, Goritia, and Namur, Landgrave of 
 Alfatia, Lord of the Marck of Sclavonia, of Port 
 Naon, and of Salines, &c. make known to all and 
 every one whom it may concern. Whereas, for the 
 execution of the alliance this day concluded and figned 
 at London by our and their Plenipotentiaries, with the 
 moft Serene and moft Potent Kirtgs of Great Britain 
 and France, and the High and Mighty States General 
 of the United Netherlands, certain fcparate and fecret 
 articles likcwife were agreed upon, the tenor whereof 
 is, 
 
 Separate and fecret Articles. 
 I. Whereas, &c. 
 
 We have entirely ratified and approved all and fin- 
 the aforefaid articles fo concluded and figned by 
 
 e Plenipotentiaries in virtue of their order, in like 
 manner as the treaty of alliance idelf, part of which 
 they are deemed to make, as by virtue of thefc pre- 
 fents. we do approve and ratify all and fingular the fame, 
 promifing, upon our Imperial, Royal, and Archducal 
 word, that we will facredly and religioufly perform and 
 obferve the faid articles, and each of them. In witnefs 
 whereof, we have figned this prefent inftrument of 
 ratification with our own hand, and thereto affixed our 
 feal. Vienna, the I4th day of September, in the year 
 of our Lord 1718, the feventh of our Roman, the 
 fifteenth of our Spanifh, and the eighth of our Hun- 
 garian and Bohemian reigns. 
 
 CHARLES. 
 
 Pbiiip Lud. Count Sinzendcrff. 
 
 By the expre& command of his Sacred Imperial 
 and Catholic Royal Majefty. 
 
 John George Euol, 
 
 gii 
 th 
 
 His
 
 I743-] AUSTRIAN NETHERLANDS. 30$ 
 
 Kis- Imperial Majeftfs Ratification of the Jeparats Ar- 
 N i. 
 
 WE Charles the Sixth, by the Divine clemency 
 elected Emperor of the Romans,, always Auguft, King 
 of Germany, Spain, Hungary, Bohemia, Dalmatia,. 
 Croatia, and Sclavonia, Archduke of Auftria, t)uke of 
 Burgundy, Brabant, Milan, Mantua, Styria, Carin- 
 thia, Carniola, Limburg, Luxemburg, Gelderland, 
 as alfo of the Upper and Lower Silefia, and of Wur- 
 temberg, Prince of Swabia, Marquis of the Holy Ro- 
 man Empire, of Burgaw, Moravia, Upper and Lower 
 -Lufatia, Count of Habfburg,. Flanders, Tyrol, Fer- 
 ret, Kyburg, Goritia, and Namur, Landgrave of Al- 
 fatia, Lord of the Marck of Sclavonia, of Port Naon,, 
 and of Salines,, &c. make known to thole whom it 
 doth concern. Wiiereas^ befides the treaty made this 
 day at London, between us and the rnoft Serene and 
 moft Potent Kings of Great Britain and France, and 
 befides certain feparate and fecret articles concerning 
 the execution of the faid treaty,, and making part there- 
 of the following feparate article was likewife made, by 
 virtue whereof thofe things which have been agreed, 
 concluded, arid figned between us y the three contrac- 
 tors in the faid treaty of alliance and fecret articles, 
 are ratified and confirmed, even in cafe the High and 
 Mighty States General of the United Netherlands*. 
 contrary to the hope and better confidence repofed in 
 them, fhould not be willing to accede to the faid trea- 
 ties,. the tenor of which is,, 
 
 Separate Article-. 
 Whereas the treaty, &c. 
 
 We hare and do entirely ratify and approve tne 
 things which are contained, eftablifhed, and provided 
 in this feparate article, in like manner as if they were 
 inferted in the treaty itfelf; for the obfervation and 
 execution whereof we do engage our Imperial, Royal,, 
 and Archducal word, by virtue of thefe prefents, figned 
 
 with
 
 TREATIES WITH THE 
 
 with our name, and fealed with our feal. Vienna, the 
 1 4th day of the month of September, in the year of 
 our Lord 1718, the feventh of our Roman, the fif- 
 teenth of our Spanifh, and the eighth of our Hunga- 
 rian and Bohemian reigns. 
 
 CHARLES. 
 Phil Lud. Count Sitizendorf. 
 
 By the exprefs command of his Sacred Imperial 
 and Catholic Royal Majefty. 
 
 John George Buol. 
 
 His Imperial Majefty' s Ratification of tbcjffarate Arti* 
 cle y N 2. 
 
 WE Charles the Sixth, by the Divine clemency 
 elected Emperor of the Romans, always Auguft, King 
 of Germany, Spain, Hungary, Bohe/nia, Dalmatia, 
 Croatia, and Sclavonia, Archduke of Aultria, Duke 
 of Burgundy, Brabant, Milan, Mantua, Styria, Ca- 
 rinchia, Carniola, Limburg, Luxemburg, Gelderland, 
 as alfo of the Upper and Lower Silefia, and of Wuf- 
 temberg, Prince of Swabia, Marquis of the Holy 
 Roman Empire, of Burgaw, Moravia, Upper and 
 Lower Lufatia, Count of Habfburg, Flanders, Tyrol, 
 Ferret, Kyburg, Goritia, and Namur, Landgrave of 
 Alfatia, Lord of the Marck of Sclavonia, of Port 
 Naon, and of Salines, &c. make known to all whom 
 it doth concern. Whereas to the treaty made this day 
 at London, between us and the moft Serene and moft 
 Potent Kings of Great Britain and France, as alfo the 
 High and Mighty the States General of the United 
 Netherlands, amongft others alfo one feparate article 
 was added, which treats about the pay of the Swils 
 garrifons to be put in the places therein exprefled, die 
 tenor of which follows : 
 
 Separate Article. 
 But if, &c. 
 
 We do entirely approve and ratify this article, as 
 
 making
 
 1743-] AUSTRIAN NETHERLANDS. 305. 
 
 making a part of the principal treaty. In witnefs and 
 confirmation whereof, we have fet our name and feal 
 to thefe prefents. Vienna, the L4th day of the month of 
 September, in the year of our Lord 1718, the feventh 
 of our Roman, the fifteenth of our Spanifti, and the 
 eighth of our .Hungarian and Bohemian reigns* 
 
 CHARLES. 
 
 Philip Lud. Count Sinzendorf* 
 
 By the exprefs command of his Sacred Imperial 
 and Catholic Royal Majefty. 
 
 John George Bud. 
 
 His Imperial Majefty 9 s Ratification of the feparate Ar- 
 tide, N c 3. 
 
 WE Charles the Sixth, by the Divine clerhericy 
 elecled Emperor of the Romans, always Auguft, King 
 of Germany, Spain, Hungary, Bohemia, Dalrnatia, 
 Croatia, and Sclavonia, Archduke of Auftria, Duke 
 of Burgundy, Brabant, Styria, Carinthia, Carniola, 
 Milan, Mantua, Limburg, Luxemburg, Gelderland, 
 as alfo of the Upper and Lower Silefia, and of Wur- 
 temberg, Prince of Swabia, Marquis of the Holy Ro- 
 man Empire, of Burgaw, Moravia, Upper and Lower 
 Lufatia, Count of Habfburg, Flanders, Tyrol, Fer- 
 ret, Kyburg, Goritia, and Namur, .Landgrave of 
 Alfatia, Lord of the Marck of Sclavonia, of Port 
 Naon, and of Salines, &c. make known and teftify 
 by thefe prefents. Whereas before the figning the 
 treaty of alliance made the 2d day of the month of 
 Auguft, with the moft Serene and moft Potent Kings 
 of Great Britain and France, as alfo with the High 
 and Mighty States General of the United Netherlands, 
 the following article was propofed to us. . . 
 
 Separate Article v 
 Whereas in the treaty of alliance, &c. 
 
 That we have ratified and approved, as we do hereby 
 VOL. I, X ratify
 
 306 TREATIES WITH THE [1496 
 
 ratify and approve die fame. In witnefs whereof, we 
 have caufcd thefe prefents, figned by our own hand, to 
 be fealed with our feaL Vienna, the i4th day of the 
 rnonth of September, in the year of our Lord 1718, 
 the feventh of our Roman, the fifteenth of our Spa- 
 nifh, and the eighth of our Hungarian and Bohemian 
 jeigns. 
 
 CHARLES. 
 
 Philip Lud. Count Sinzendcrf. 
 
 By the exprefs command of his Sacred Imperial 
 and Catholic Royal Majefty. 
 
 John George Buol. 
 
 His Imperial Majeftfs Ratification of the feparate Ar- 
 tide, N 4. 
 
 WE Charles the Sixth, by the Divine clemency 
 clefted Emperor of the Romans, always Augnft, King 
 of Germany, Spain, Hungary, Bohemia, Dalmatia, 
 Croatia, and Sclavonia, Archduke of Auftria, Duke 
 of Burgundy, Brabant, Milan, Mantiu, Styria, Ca- 
 rinthia, Carniola, Limburg, Luxemburg, Gelderland, 
 as alfo of the Upper and Lower Silefia, and of \\ur- 
 temberg, Prince of Swabia, Marquis of the Holy 
 Roman Empire, of Burgaw, Moravia, Upper and 
 Lower Lufatia, Count of Habfburg, Flanders, Tyrol, 
 Ferret, Kyburg, Goritia, and Namur, Landgrave 
 of Alfatia, Lord of the Marck of Sclavonia, of Port 
 Naon, and of Salines, &c. make known and teftify by 
 thelc prefents. Whereas before the figning the treaty 
 of alliance made the id day of the month of Auguft, 
 with the moft Serene and mod Potent Kings of Grea: 
 Britain and France, as alfo with the High and Mighty 
 States General of the United Netherlands, the follow- 
 ing article was propofed to us: 
 
 Separate Article. 
 Whereas fome of the titles, &c. 
 
 That we have ratified and approved, as we do here- 
 by
 
 1743-1 AUSTRIAN NETHERLANDS, 
 
 by ratify and approve the fame. In witnefs whereof 
 we have caufed thefe prefents, figned by our own hand> 
 to be fealed with our feal. Vienna, the T4th day of 
 the month of September, in the year of our Lord 
 1718, the feventhof our Roman, the fifteenth of our 
 Spanifh, and the eighth of our Hungarian and Bohe- 
 mian reigns. CHARLES. 
 
 Philip Lud. Count Sinzendorfi 
 
 By the exprefs command of his Sacred Imperial 
 and Catholic Royal Majefty. 
 
 John George BuoL 
 
 'fke moft Cbriftian King's Ratification of the Treaty, and 
 of Three of thejeparate Articles^ N 2, 3, 4. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all who lhall fee thefe prefents, greet- 
 ing. Whereas our beloved and faithful the Abbot du 
 Bois, counfellor in ordinary of our Council of State, 
 and of the Council for foreign affairs, Secretary of our 
 Cabinet, and our Plenipotentiary, hasj by virtue of 
 full powers which we gave him for that purpofe, con- 
 cluded, agreed, and figned at London, the 2d of this 
 prefent month of Auguft, with M. Chriftopher Pen- 
 terridter, of Adelfhaufen, Imperial Aulic Counfellor, 
 and Affeflbr of the Council of the Auftrian Nether^ 
 lands, and John Philip Hoffman, Refident of our moft 
 dear and moft beloved brother the Emperor of the 
 Romans at London, his Plenipotentiaries, furnifhed 
 in like manner with his full powers; and with Wil- 
 liam Archbifhop of Canterbury, Primate and Metro- 
 politan of all England; Thomas Lord Parker, Baron 
 of Macclesfield, Lord High Chancellor of our moft 
 dear and moft beloved brother the King of Great 
 Britain; Charles Earl of Sunderland, Prefldent of the 
 Council of our faid brother; Evelyn Duke of King- 
 fton, Lord Privy Seal; Henry Duke of Kent, Lord 
 High Steward of the Houfhold of our faid brother; 
 Thomas Duke of Newcaftle, Lord Chamberlain of 
 X 2 the
 
 308 TREATIES WITH THE [1496 
 
 the Houfhold of our faid brother? Charles Duke of 
 Bolton, Lord Lieutenant and Governor General of 
 the Kingdom of Ireland; John Duke of Roxburghe, 
 one of the principal Secretaries of State of Great Bri 
 tain; James Earl of Berkeley, firft Commilfioner of 
 the Admiralty; and James Craggs, likewife one of 
 the principal Secretaries of State of Great Britain, fur-. 
 nifhed in like manner with his full powers, the treaty 
 of alliance, and die feparate articles, the tenor whereof 
 follows. 
 
 In the name, &c. 
 
 We approving the above-mentioned treaties of al- 
 liance and feparate articles in all and every the points 
 therein contained, have by the advice of our moft dear 
 and moft beloved uncle the Duke of Orleans, Regent 
 of our kingdom, as well for us, as for our heirs, luc- 
 ceflbrs, kingdoms, countries, territories, lordfhips, and 
 ilibje<5h>, accepted, approved, ratified, and confirmed, 
 and by thefe prefems, figned widi our hand, do accept, 
 approve, ratify, and confirm the fame; and promilc, 
 on the word and faith of a King, to keep and obferve 
 the whole inviolably, without ever acting one way or 
 other to the contrary, directly or indirectly, in any kind 
 or manner whatever. In witnefs whereof, we have 
 Oaufed our feal to be affixed to thefe prefcnts. Given 
 at Paris, the 3Oth of Auguft, in the year of grace one 
 thoufand leven hundred and eighteen, and of our reign 
 die third. 
 
 LEWIS. 
 By the King. 
 The Duke of Orleans, Regent, prelent. 
 
 Pbelypeaux. 
 
 be moft Chriflian King's Ratification of tbejeparatt 
 andfecret Articles > and of one of the ferrate drti- 
 r/w^N 11 i. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all who (hall fee thefe prefents, greet- 
 ing.
 
 I743-] AUSTRIAN NETHERLANDS. 309 
 
 ing. Whereas our beloved and faithful the AbSot du 
 Bois, counfellor in ordinary of our Council of State, 
 and of the Council for foreign affairs, Secretary of our 
 Cabinet, and our Plenipotentiary, has, by virtue of 
 full powers which we gave him for that purpofe, con- 
 .eluded, agreed, and figned at London, the id of this 
 prefent month of Anguft, with M. Chriftopher Pen- 
 :terridter, of Adelfhaufen, Imperial Aulic Counfellor, 
 .and AfTeflbr of the Council of the Auftrian Nether- 
 lands, and John Philip Hoffman, Refident of our 
 janoft dear and moft beloved brother the Emperor of 
 the Romans at London, his Plenipotentiaries, fur- 
 nifhed in like manner with his fall powers; and with 
 William Archbifhop of Canterbury, Primate and Me- 
 tropolitan of all England; Thomas Lord Parker, 
 ^aron of Macclesfield, Lord High Chancellor of our 
 "moft dear and moft beloved brother the King of Great 
 Britain; Charles Earl of Snnderland, Prefident of the 
 Council of our faid brother; Evelyn Duke of King- 
 fton, Lord Privy Seal ; Henry Duke of Kent, Lord 
 -High Steward of the Houfhold of our faid brother; 
 Thomas Duke of Newcaftle, Lord Chamberlain of 
 the Houfhold of our faid brother; Charles Duke of 
 Bolton, Lord Lieutenant and Governor General of 
 the Kingdom of Ireland; John Duke of Roxburghe, 
 one of the principal Secretaries of State of Great Bri- 
 tain ; James Earl of Berkeley, firft Commiflioner of 
 the Admiralty; and James Craggs, likewife one of the 
 principal Secretaries of State of Great Britain, Pleni- 
 potentiaries of our faid brother the King of Great 
 Britain, furnifhed in like manner with his full powers, 
 feparate and fecret articles, the tenor whereof follows. 
 
 Separate Articles, &c, 
 
 We approving the above-mentioned feparate and 
 fecret articles, in all and every the points therein con- 
 tained, have by the advice of our moft dear and moft 
 beloved uncle the Duke of Orleans, Regent of our 
 kingdom, as well for us as for our heirs, fuccerTors, 
 X 3 kingdoms,
 
 TREATIES WITH Tirt [1496 
 
 kingdoms, countries, territories, lordfhips and fub- 
 jects, accepted, approved, ratified, and confirmed, and 
 by thefe prefents, figned with our hand, do accept, ap- 
 prove, ratify, and confirm the fame, and promiie, on 
 the word and faith of a King, to keep and obferve 
 the whole inviolably, without ever acting one way or 
 other to the contrary, directly or indirectly, in any 
 kind or manner whatsoever. In witnefs whereof we 
 have caufed our feal to be affixed to thefe prefents. 
 Given at Paris, the 3Oth of Auguft, in the year of grace 
 one thoufand feven hundred and eighteen, and of our 
 reign. the third. LEWIS. 
 
 By the King. 
 The Duke of Orleans, Regent, prefent. 
 
 Pbehpeaux, 
 
 fbe Treaty of Peace and Alliance between the Entpercr 
 Charles VI. and George II. King of Great Bri- 
 tain, in which the States of the United Provinces 
 of the Netherlands are included. Made at Vien- 
 na, the i6tb of March, 1731. 
 
 In the name of the moft Holy and Undivided Trinity. 
 Amen. 
 
 TO all to whom it does or may any way apper- 
 tain. Be it known, that the moft Serene and moft 
 Potent Prince and Lord, Charles VI. Emperor of the 
 Romans, King of Spain, of both the Sicilies, Hun- 
 gary, and Bohemia, Archduke of Auftria, &c. &c. and 
 the moft Serene and moft Potent Prince and Lord, 
 George II. King of Great Britain, France, and Ire- 
 land, together with the High and Mighty Lords the 
 States General of the United Provinces of the Nether- 
 lands, having taken into confideration the prefent un- 
 
 fcttlcd
 
 I743-] AUSTRIAN NETHERLANDS. 
 
 fettled and perplexed ftate of affairs in Europe, feri- 
 ouily bethought themfelves of finding proper methods, 
 not only to prevent thofe evils which muft naturally 
 arife from the cavils and divifions that were daily in- 
 creafmg, but alfo to eftabliih the public tranquillity 
 upon a fure and lafting foundation, and in as eafy and 
 fpeedy a manner as it was poflible : for this end their 
 faid Majefties, and the faid States General, being fully 
 animated with a fincere defire to promote fo whole- 
 dome a work, and to bring it to perfection, judged it 
 expedient to agree among themfelves upon certain 
 general conditions, which might ferve as the bafis for 
 reconciling the animofities and fettling the differences 
 of the chief Princes of Europe, which, as they are- 
 heightened among themfelves, do greatly endanger the 
 public tranquillity. 
 
 For which purpofe, the mofl High Prince and 
 Lord, Eugene, Prince of Savoy and Piedmont, actual 
 Privy Counfellor to his Sacred Imperial and Catholic 
 Majefty, Prefident of the Council of the Auftrian Ne^ 
 therlands at Vienna, and his Lieutenant General, Ma- 
 jor General of the holy Roman Empire, and Vicar 
 General of the kingdoms and dates of the faid Empire 
 in Italy, Colonel of a regiment of dragoons, Knight 
 of the Golden Fleece 5 and alfo the moil Illuftrious 
 and moft Excellent Lord, Philip Lewis, Hereditary 
 Treafurer of the holy Roman Empire, Count of Zin- 
 zendorf, Free Baron of Ernftbrunn, Lord of the Dy- 
 nafties of Gfbll, Upper Selowitz, Porlitz,- Sabor, Mul- 
 fig, Loof-zan, and Drefkau, Burgrave of Rheineck, 
 Hereditary Matter of the Horfe in Upper and Lower 
 Auftria, Knight of the Golden Fleece, Chamberlain 
 to his Sacred Imperial Majefty, actual Privy Coun- 
 fellor, and firft Chancellor of the Court, &c. and alfo 
 the moft Illuftrious and moft Excellent Lord, Gun- 
 dacker Thomas, Count of the holy Roman Empire, 
 by the titles of Staremberg, Schatomburg, and Wax- 
 emburg, Lord of the domains of Efchelberg, Liech- 
 tenliagen, Roteneg, Freyftadt, Haus, Obenvalfe, Se 
 X 4 fenberg,
 
 TREATIES WITH THE 
 
 fbnberg, Bodendorf, Hat\van, Knight of the Golden 
 Fleece, actual Privy Counfellor to his Sacred Impe- 
 rial and Catholic Majefty, Hereditary Marfhal of the 
 Archdutchy of Upper and Lower Auftria, on the part 
 of his Sacred Imperial and Catholic Majeity ; and 
 Thomas Robinfon, Efq; Member of the Parliament 
 of Great Britain, and Minifter of his Majefty of Great 
 Britain to his faid Imperial and Catholic Majefty, on 
 the part of his Sacred Royal Majefty of Great Bri- 
 tain : and on the part of the 
 High and Mighty States of the United Provinces of 
 the Netherlands ; being all furnifhed with full powers, 
 after they had held conferences together, and exchanged 
 their credential letters and full powers, agreed upon 
 the following articles and conditions. 
 
 I. That there (hall be from this time forward, be- 
 tween his Sacred Imperial Catholic Majefty, his Sa- 
 cred Royal Majefty of Great Britain, the heirs and 
 fuccefibrs of both, and the High and Mighty Lords 
 the States General of the United Provinces of the Ne- 
 therlands, a firm, finccre, and inviolable friendfhip, 
 for the mutual advantage of the provinces and fubjects 
 belonging to each of the contracting Powers ; and that 
 this peace be fo^eftablifhccl, that each of the contrac- 
 tors fhall be obliged to tiefend the territories and 
 fubjectb of the others ; to maintain the peace, and pro- 
 mote the advantages of the other contractors as much 
 as their own ; and to prevent and avert all damages 
 and injuries of every kind whatfoever, which might be 
 done to them. For this end, all the former treaties 
 or conventions of peace, friendfhip, and alliance, fhall 
 have their full effect, and fhall preferve in all and 
 every part their full force and virtue, and fhall even 
 'be looked upon as renewed and confirmed by virtue 
 of the prelent treaty, except only fuch articles, dailies, 
 and conditions, from which it has been thought fit to 
 derogate by the prefent treaty. And moreover,- the 
 faid contracting parries have exprefsly obliged thenr- 
 fclves, by virtue- of this prelent article, to a mutual
 
 I743-] AUSTRIAN NETHERLANDS. 313 
 
 defence, dr, as it is called, guaranty of all the king- 
 doms, ftates, and territories, which each of them pof- 
 fefles, and even of the rights and immunities each of 
 them enjoys, or ought to enjoy, in fuch manner, that 
 they have mutually declared and promifed to one 
 another, that they will with all their forces oppofe the 
 enterprizes of all and every one who fhall (perhaps 
 contrary to expectation) undertake to difturb any of 
 the contractors,' or their heirs and fucceflbrs, in the 
 peaceable pofleflion of their kingdoms, ftates, provin- 
 ces, lands, rights, and immunities, which each of the 
 contracting parties doth or ought to enjoy, at the time 
 of the conclufion of the prefent treaty. 
 
 II. Moreover, as it has been frequently remcn- 
 ftrated on the part of his Imperial and Catholic Ma- 
 jefty, that the public tranquillity could not reign and 
 laft long, and that no other fure way could be found 
 out for maintaining the balance of Europe, than a ge- 
 neral defence, engagement, and eviction, or, as they 
 call it, a guaranty for the order of his fucceflion, as 
 it is fettled by the Imperial declaration of 1713, and 
 received in the moft Serene Houfe of Auftria; his 
 Sacred Royal Majefty of Great Britain, and the High 
 and Mighty Lords the States of the United Provin- 
 ces of the Netherlands, moved thereto by their ar- 
 dent defire to fecure the public tranquillity, and to 
 preferve the balance of Europe, as alib by a view 
 of the terms agreed upon in the following articles, 
 which are exceedingly well adapted to anfwer both 
 purpofes, do, by virtue of the prefent article, take 
 upon them the general guaranty of the laid order of 
 fucceflion, and oblige themfelves to maintain it as of- 
 ten as there {hall be occafion, againft all perfons what- 
 foeverj and confequently they promife, in the moft 
 authentic and ftrongeft manner that can be, to de- 
 fend, maintain, and (as it is called) to guaranty, with 
 all their forces, that Order of fucceflion which his Im- 
 perial Majefty has declared and eftabliihed by a folemn 
 ad of the i$th' of April, 1713, in manner of a perpe- 
 tual,
 
 314 TREATIES WITH TH* [1496 
 
 tual, indivifible, and infeparable feoffment of truft, in 
 favour of primogeniture, for all his Majefty's heirs of 
 both fexes j of which aft there is a copy annexed at 
 the end of this treaty : which faid act was readily and 
 unanimously received by the orders and eftates of all 
 the kingdoms, archdutchies, principalities, provinces, 
 and domains, belonging by right of inheritance to the 
 rnoft Serene Houfe of Auftriaj all which have hum- 
 bly and thankfully acknowledged it, and tranfcribcd it 
 into their public regifters, as having the force of a 
 law and pragmatic fandtion, which is to fubfift for 
 ever in full force. And whereas, according to this rule 
 and order of fucceflion, if it fhould pleafe God of his 
 mercy to give his Imperial and Catholic Majefty iffue 
 male, then the eldeft of his fons, or, he being dead 
 before, the eldeft fon's eldeft fon ; and in cafe there be 
 no male ifiiie, on his Imperial and Catholic Majefty's 
 demife, the eldeft of his daughters, the moft Serene 
 Archdutchefles of Auftria, by the order and right of 
 feniority, which has always been indivifibly preferved, 
 is to fucceed his Imperial Majefty in all his king- 
 doms, provinces, and domains, in the fame manner 
 as he now poflefies them : nor fhall they at any time, 
 upon any account, or for any reafon whatever, be 
 divided or feparated in favour of him, or her, or them 
 who may be of the fecond, the third, or more diftant 
 branch. And this fame order and indivifible right of 
 feniority is to be preferved in all events, and to be 
 obferved in all ages, as well in his Imperial Majef- 
 ty's male ifTue, if God grants him any, as in his Im- 
 perial Majefty's female iffuc, after the extinction of 
 the male heirs ^ or, in fhort, in all cafes wherein the. 
 fuccclTion of the kingdoms, provinces, and hereditary 
 dominions of the moft Serene Houfe of Auftria fhall 
 be called in queftion. For this purpofe, his Majefty 
 of Great Britain, and the High and Mighty Lord* 
 the States General of the United Provinces of the Ne- 
 therlands, promife and engage to maintain him, or 
 her, who ought to fucceed according to the rule and 
 
 order
 
 1743-1 AUSTRIAN NETHERLANDS. 315 
 
 order above fet forth, in the kingdoms, provinces, or 
 domains of which his Imperial Majefty is now actually 
 in poflefTion; and they engage to defend the fame for 
 ever againft all fuch as fhall perhaps prefume to di- 
 turb that poflefllon in any manner whatfoever. 
 
 III. And forafmuch as it hath been often repre- 
 fented to his Imperial and Catholic Majefty, in terms 
 full of friendfhip, on the part of his Sacred Royal 
 Majefty of Great Britain, and the High and Mighty 
 Lords the States General of the United Provinces, 
 that there was no furer 'nor more fpeedy method for 
 eftablifliing the public tranquillity fo long defired, 
 than by rendering the fucceflion of the dutchies of 
 Tufcany, Parma, and Placentia, defigned for the moft 
 Serene the Infante Don Carlos, yet more fecure by 
 the immediate introduction of 6000 Spanifh foldiers 
 into the ftrong places of thofe dutchies ; his faid Sa- 
 cred Imperial and Catholic Majefty, defiring to pro- 
 mote the pacific views and intentions of his Britan- 
 nic Majefty, and the High and Mighty States Gene- 
 ral of the United Netherlands, will by no means op- 
 pofe the peaceable introduction of the faid 6000 Spa- 
 niards into the ftrong places of the dutchies of Tuf- 
 cany, Parma, and Placentia, in purfuance of the above- 
 mentioned engagements entered into by his faid Bri- 
 tannic Majefty, and by the States General. And 
 whereas, to this end, his Imperial and Catholic Ma- 
 jefty judges the confer^ of die Empire neceflary, he 
 promifes, at the fame time, that he will ufe his utmoft 
 endeavours to obtain the faid confent within the Ipace 
 of two months, or fooner, if poflible. And to obvi- 
 ate as readily as. may be the evils which threaten the 
 public peace, his Imperial and Catholic Majefty more^ 
 over promifes, that, immediately after the mutual ex- 
 change of the ratifications, he will notify the confent 
 which he, as head of the Empire, has given to the faid 
 peaceable introduction, to the Minifter of the Great 
 Duke of Tufcany, and to the Minifter of Parma re- 
 Tiding at his court, or wherever elfe it lhall be thought 
 
 proper.
 
 316 TREATIES WITH THE [149$ 
 
 proper. His faid Imperial and Catholic Majefty like- 
 wife promises and affirms, that he is fo far from any 
 thought of raifing, or caufing any hinderance, directly 
 or indirectly, to the Spanifh garrifons being admitted 
 into the places aforefaid, that on the contrary he will 
 interpofe his good offices and authority for removing 
 any unexpected obftruction or difficulty that may op- 
 pofe the faid introduction, and confequently that the 
 6000 Spanifh foldiers may be introduced quietly, and 
 without any delay, in the manner aforefaid, into the 
 ftrong places as well of the great dutchy of Tufca^ 
 ny, as of the dutchies of Parma and Placentia. 
 
 IV. That therefore all the articles thus agreed to, 
 with the irrevocable confent of the contracting par- 
 ties, be fo firmly and reciprocally eftablifhed, and fo 
 entirely decided, that it Ihall not be lawful for the 
 contracting parties to deviate from them in any wile ; 
 meaning as well thofe which are to be put in execu- 
 tion without delay, and immediately after the exchange 
 of the ratifications, as thofe which ought to remain 
 for ever inviolable. 
 
 V. Whereas, for attaining to the end which the con- 
 tracting parties in this treaty propofe to themfelves, 
 it has been found neceflary to pluck up every root of 
 divifion and diflenfion, and therefore that the antient 
 friendlhip which united the faid contracting parties, 
 may not only be renewed, but knit clofcr and clofer 
 every day, his Imperial Catholic Majefty promiies, 
 and, by virtue of the prefent article, binds himfelf to 
 caufe all commerce and navigation to the Eaft Indies 
 to ceafe immediately and for ever in the Auftrian 
 Netherlands, and in all the other countries which in 
 the time of Charles II. Catholic King of Spain, were 
 under the dominion of Spain ; and that he will bond 
 fde act in fuch manner, that neither the Oftend com- 
 pany, nor any other, either in the Auftrian Nether- 
 lands, or in the countries which, as is abovcfaid, 
 were under tl>e dominion of Spain in the time offic- 
 iate
 
 1743-] AUSTRIAN NETHERLANDS. 317 
 
 late Catholic King Charles II. fhall at any time, di- 
 rectly or indirectly, contravene this rule eftablifhed 
 for ever. Excepting that the Oftend company may 
 lend, for once only, two Ihips, which ihall fail from 
 the faid port to the Eaft Indies, and from thence 
 return to Oftend, where the faid company may, 
 when they think fit, expofe the merchandizes fo brought 
 from the Indies to fale. And his Sacred Royal Ma- 
 jefty of Great Britain, and the High and Mighty 
 States General of the United Provinces, do likewife 
 promife on their part, and oblige themfelves, to make 
 a new treaty with his Imperial Majefty without delay, 
 concerning commerce and the rule of impofts, com- 
 monly called a Tariff, as far as relates to the Auftrian 
 Netherlands, and agreeable to the intention of the 26th 
 article of the treaty, commonly called (by reafon of 
 the limits therein fettled) the Barrier. And for this 
 purpofe the contracting parties fhall immediately name 
 commifiloners, who fhall meet at Antwerp within the 
 fpace of two months, to be computed from the day 
 of figning the prefent treaty, to agree together upon 
 every thing that regards the entire execution of the 
 faid barrier treaty, which was concluded at Antwerp 
 the T \th day of November, anno 1715, and of the 
 convention fince figned at the Hague the ~ day of 
 December, 1718; and particularly to conclude a new 
 treaty there, as has been faid, concerning commerce, 
 and the rate of impofts, as far as relates to the Auf- 
 trian Netherlands, and according to the intention of 
 the aforefaid 26th article. It is moreover agreed, and 
 folemnly ftipulated, that every thing which it hath 
 been thought fit to leave to the commiffioners who 
 are to meet at Antwerp, ftiall be brought to a final 
 iflue, with all the juftice and integrity, as foon as pof- 
 fible, and in fuch manner that the laft hand may be 
 put to that work, at le aft within the Ipace of two years. 
 
 VI. As the examination and difcufilon of the other 
 points which remain to. be difeuflfed, either between 
 the contracting parties, or any of their confederates, 
 
 require
 
 TREATIES WITH T nit 
 
 require much more time than can be fpared in this 
 critical fituarion of affairs, therefore, to avoid all de- 
 lays, which might be too prejudicial to the common 
 welfare, it is covenanted and agreed to declare mutu- 
 ally, that all the treaties and conventions which any 
 of the fakJ contracting Powers have made with other 
 Princes and States, fhall fubfift as they now are, ex- 
 cepting only fo far as they may be contrary to any of 
 the points regulated by the prefent treaty ; and more- 
 over, that all the difputcs which are actually between 
 the fakl contracting parties, or any of their allies, (hall be 
 amicably adjufted as foon as poflible ; and in the mean 
 ti/ne the contracting parties fhall mutually endeavour 
 to prevent any of thofe who have differences, from 
 having recourfe to arms to fupport their pretenfions. 
 
 VII. To take away all manner of doubt from the 
 fubjecls of the King of Great Britain, and the Lords 
 the States General, touching their commerce in the 
 kingdom of Sicily, his Imperial and Catholic Ma- 
 jt'fty has been pleafed to declare, that from this time 
 forward they fhall be treated in the fame manner, and 
 upon the fame foot as they were or ought to have been 
 treated in the time of Charles II. King of Spain, of 
 glorious memory, arxi as any nation in the ftridlcft 
 friendfhip has been ufually treated. 
 
 VIII. There fhall be included in this treaty of 
 peace, all thofe who, within the fpace of fix months 
 after its ratifications are exchanged, ihall be propofed 
 by either party, and by common confent. 
 
 f5t. This preient treaty fhall be approved and ra- 
 tified by his Imperial and Catholic Majefty, by his Sa- 
 cred Ro/al Majefty of Great Britain, and by the High 
 and Mighty Lords the States General of the United 
 Netherlands, and the ratifications fhall be given and 
 exchanged at Vienna, within fix weeks, to be compu- 
 ted from the day of figning. 
 
 In witnefs and confirmation whereof, as well the 
 
 Imperial
 
 1 743.] AUSTRIAN NETHERLANDS. 31 
 
 Imperial Commiflioners, in quality of Ambafla- 
 dors Extraordinary and Plenipotentiaries, as the 
 Minifter of the King of Great Britain, equally 
 furnifhed with full powers, have figned this treaty 
 with their own hands, and fealed it with their 
 ieals. Done at Vienna in Auftria, the i6th day 
 of March, in the year of our Lord 1731. 
 
 (L. S.) Eugene of Savoy. 
 
 (L. S.) Philip Lewis of Zinzendorf. 
 
 (L. S.) Gundacker Thomas of Staremberg. 
 
 (L. S.) Thomas Robinfen. 
 
 1 Separate Article. 
 
 THOUGH by the firft article of the treaty con- 
 cluded this day between his Imperial and Catholic 
 Majefty, his Sacred Royal Majefty of Great Britain, 
 and the Lords the States General of the United Pro- 
 vinces of the Netherlands, the contracting parties did 
 mutually promife, among other things, that they would 
 with all their forces oppofe the enterprizes of any per- 
 fon or perfons who fhould (perhaps contrary to expec- 
 tation) offer to give difturbance to any of the con- 
 tracting parties, their heirs or fucceflbrs, in the peace- 
 able pofTefllon of their kingdoms, dominions, provin- 
 ces, countries, rights or immunities, which each of 
 the contractors doth or ought to enjoy at the time of 
 the conclufion of the prefent treaty; the faid con- 
 tracting parties have neverthelefs agreed among them-* 
 felves, by virtue of the prefent feparate article, that 
 if it fhould happen, perhaps, in procefs of time, that 
 the Turks fhould offer to difturb his Sacred Imperial 
 and Catholic Majefty, his heirs and fucceflbrs, in the 
 quiet poffeffion of the kingdoms, dominions, provin- 
 ces, countries, rights, or immunities, which his Im- 
 perial Majefty actually doth, or ought to enjoy, the 
 guaranties ftipulated in the faid firft article are not to 
 be extended to this cafe now mentioned. 
 
 This feparate article (hall have the fame force, &c. 
 
 Declaration
 
 TREATIES WITH THE 
 
 Declaration concerning the Spanilh Garrifons, which 
 are to be introduced into the jirong Places of Tuf- 
 cany, Parma, and Placcntia. 
 
 FORASMUCH as his Sacred Imperial Catholic 
 Majefly was defirous to have all manner of fecurity, 
 before he would confcnt on his part to the ^d article 
 of the treaty concluded this day, which regulates the 
 immediate introduction of the Spanifli garrifons into 
 the ftrong places of Tufcany, Parma, and Placentia, 
 agreeably to the real views and intentions contained 
 in the promifes made and figned in the treaty of Se- 
 ville, partly on the 9th, and partly on the aift day 
 of November, anno 1729 ; his Sacred Royal Majefly 
 of Great Britain, and the High and Mighty Lords the 
 States General of die United Netherlands, have not 
 only exhibited thofe promiies bond fide ', as they are 
 here fubjoined, to his Sacred Imperial and Catholic 
 Majefty, but moreover they have not hefitated to af- 
 firm, in the ftrongeft manner, that when they agreed 
 to introduce the Spanifh garrifons into the ftrong pla- 
 ces of Tufcany, Parma, and Placentia, they had no 
 intention to depart in the leaft from thofe things which 
 had been fettled by the 5th article of the Quadruple 
 Alliance, concluded at London x"Jmt\> I 7 l %> either 
 with regard to the rights of his Imperial Majefty, and 
 the Empire, or to the fecurity of the kingdoms and 
 ftates which his Imperial Majefty actually poffefleth 
 in Italy, or laftly, to the prefervation of the quiet 
 and dignity of thofe who were then the lawful pof- 
 feflbrs of thofe dutchies. For this purpofe, his Royal 
 Majefty of Great Britain, and the High and Mighty 
 Lords the States General of the United Netherlands, 
 have declared, and do declare, that they are entirely 
 difpofed and ready to give his Imperial and Catholic 
 Majefty, as they do by thefe prefents, all the ftrong 
 and folemn promifes, evictions, or, as they are called, 
 guaranties, that can be defired, as well in relation to 
 the points above-mentioned, as in relation to all the 
 
 other
 
 2743-] AUSTRIAN NETHERLANDS. 321 
 
 other points ffill contained in the faid 5th article of the 
 treaty called Quadruple. 
 
 This pjefent declaration fhall have the fame force, &c. 
 
 Declaration concerning the SucceJJlcn of Parma. 
 
 I T being apprehended that the unexpected death 
 of the late molt Serene Prince, Anthony Farnefe, in 
 his life-time Duke of Parma and Placentia, might in 
 fome fort retard or obftruct the conclufion of this 
 treaty, it having happened at the very time when it 
 was upon the point of being concluded ; his Imperial 
 and Catholic Majefty doth, by virtue of this prefent 
 a6t, declare and engage, that in cafe the hopes of the 
 pregnancy of the moft Serene Dutchefs Dowager, 
 wife of the faid moft Serene Duke Anthony whilil he 
 lived, do not prove abortive, and the faid Dutchefs 
 Dowager fhould bring a man-child into the world, all 
 that has been regulated, as well by the 3d article of 
 the treaty concluded this day, as by die act of decla- 
 ration above recited, fiiall take place, as much as if 
 the unforefeen death of the Duke had not happened : 
 but that if the hopes conceived of the pregnancy of 
 the faid Dutchefs Dowager fhould vanifli, or fhe 
 fhould bring a pofthumous daughter into the world, 
 then his faid Imperial Majefty declares, and binds 
 himfelf, that inftead of introducing the Spanifh fol- 
 diers into the ftrong places of Parma and Placentia, 
 the moft Serene Infante of Spain, Don Carlos, fhall 
 be put into the porTefiion of the faid dutchies, in the 
 fame manner as was agreed upon with the court of 
 Spain, by confent of the Empire, and purfuant to the 
 letters of eventual inveftiture, the tenor of which lhall 
 be looked upon as repeated and confirmed in all its 
 articles, claufes, and conditions ; in fuch manner not- 
 withftanding, that the faid Infante of Spain, as alfo 
 the court of Spain, fhall firft of all fulfil the former 
 treaties, wherein the Emperor is a contracting party 
 with the confent of the Empire. And whereas upon 
 the deceafe of the faid Duke Anthony Farnefe, the 
 
 VOL. I. Y Imperial
 
 312 TREATIES WITH THE [1496 
 
 Imperial troops were not put into the ftrong places of 
 Parma and Placentia, with a view to hinder the even- 
 tual fuccefiion, as it was fecured to the mod Serene- 
 Infante Don Carlos by the treaty of London, com- 
 monly called the Quadruple Alliance, but only to pre- 
 vent any enterprize which might have difturbed the 
 tranquillity of Italy; his Sacred Imperial and Catho- 
 lic Majefty perceiving, that by the treaty concluded 
 this day, the public tranquillity is reftored and con- 
 firmed as far as poflible, he doth again declare, that 
 in putting his troops into the ftrong places of Parma 
 and Placentia, he had no other intention than to fup- 
 poit, as far as lay in his power, the fucceflion of the 
 moft Serene Infante Don Carlos, as it is fecured to the 
 faid Infante by the faid treaty of London : and that, 
 very far from cppofing the faid fucceflion, in cafe the 
 male branch ot the Houfe of Farncfe fhould be ut- 
 terly extinft ; or from oppofmg the introduction of the 
 Spanifli garrifons, if the Dutchefs Dowager fhould 
 happen to bring a pofthumous fon into the world ; his 
 Imperial Majefty doth on the contrary declare and 
 promife, that the faid forces fhall by his exprefs or- 
 ders be withdrawn, either that the faid Infante Don 
 Carlos may be put into pofleflion of the laid dutchies, 
 according to the tenor of the letters of eventual invel- 
 titure, or that the Spanifh garriions may be introduced 
 peaceably, and without any refiflance whatever ; which 
 faid garrifons are to ferve for no other life than to fe- 
 cure the execution of the promife made to him, in 
 cafe the male branch of the Houfe of Farnefe Ihould 
 be utterly extinct. 
 
 The prefent declaration fhall have the fame force, &c. 
 
 Declaration Jigned by the Minijlfrs cf the King of 
 Great Britain, and the Lords the States General, 
 by virtue of their Full Powers. 
 
 WHEREAS among feveral articles agreed upon 
 in the treaty of Seville, on. the 9th and a ill day of 
 
 November,
 
 4743-1 AUSTRIAN NETHERLANDS. 
 
 November, 1729, in favour of the Great Duke of 
 Tufcany, as well as of the diitchies of Parma and 
 Placentia, it was likewife provided, that as focn as 
 the moft Serene Infante of Spain, Don Carlos, or tfre 
 - Prince to whom his rights may devolve, fhould be in 
 peaceable pofTeffion of the fuccefiion defigned for him, 
 and fecure from any infults of enemies, and againft 
 any juft Caufe of fear, then his Royal Catholic Ma- 
 jelly Ihould prefently give orders for withdrawing his 
 own troops out of the faid dutchies, but not thole 
 belonging to the Infante Don Carlos, or to the Prince 
 upon whom, as above-mentioned, his rights may de- 
 volve. 
 
 The under-written Minifters of the King of Great 
 Britain, and the Lords the States General, do, by 
 virtue of this prefent inftrument, declare, that as his 
 faid Royal Majefty of Great Britain, and the High 
 and Mighty Lords the States General of the United 
 Netherlands, are always accuftomed to fulfil what they 
 have promifed, fo it is ftill their meaning and inten- 
 tion, that in the cafes aforefaid, the Spanifli troops 
 Ihall be immediately withdrawn from the dutchies of 
 Tufcanyj Parma, and Placentia. 
 
 This declaration is to be kept fecret, but isj never* 
 thelefs, to be of the fame force, &c. 
 
 Separate Article. 
 
 WHEREAS the treaty concluded this day between 
 his Imperial Catholic Majefty, his Britannic Majefty,, 
 and the High and Mighty Lords the States General 
 of the United Provinces of the Netherlands, could 
 not be fubfcribed or figned by the Minifter of the faid 
 States General refiding at the Imperial court, bccaufc, 
 according to the cuftorn of the Republic, and the 
 form of its government, the full powers could not be 
 difpatched to the faid Minifter fo foon as was necefla- 
 ry -, it is agreed between his Imperial Majefty, and 
 his Royal Majefty of Great Britain, that the faid States 
 Y 2. General
 
 -324 TREATIES WITH THE [1496 
 
 General (there being fcveral conditions in the laid 
 treaty, wherein they are .particularly concerned) fliall 
 be held and reputed as a principal contracting party, 
 according as they are alfo named in the laid treaty, in 
 .firm hope and confidence that they would accede to 
 .it, as loon as the ufual form of their government 
 would admit of it. And becaufe the zeal which that 
 Republic nlanifefts for eftablifhing and fecuring the 
 public tranquillity, leaves their faid Majefties no ioc.m 
 to doubt, that the laid Republic is defirous of becom- 
 ing, as foon as may be, a principal contracting pany 
 in the faid treaty, to the end flie may partake of the 
 advantages therein ftipulated for her ; both their Ma- 
 jefties will therefore unite their endeavours, that this 
 treaty may be figned at the Hague, on the part of the 
 laid States General, within the fpace of three months, 
 to be computed from the day of the figning of the 
 prefent treaty, or. fooner if poflible j for it appeared 
 neceiTary both to his Imperial and to his Royal Bri- 
 tannic Majcfty, in order to obtain the end propoll-d 
 by the prefent treaty, and for completing the public 
 tranquillity, that the faid States General fhould enter 
 into a part and partnerlhip of the laid conventions. 
 
 This feparate article lhall have die fame force, &c. 
 
 A 'Declaration conceiving Eaft Friefland. 
 
 THE States General of the United Provim < 
 ,the Netherlands having, upon feveral occafions, af- 
 fured his Imperial and Catholic Majelly, that how 
 "much foever they are interetled in the re-citublilhment 
 and prelervation of die peace in their neighbour- 
 hood, and by confequence that of the province of 
 Eaft Friefland, it was never their intention to preju- 
 'dice in the leail the dependence of the laid province 
 of Eaft Fridland upon the Emperor and the Empire; 
 his faid Imperial and Catholic Majcily, to give the 
 States a frefh proof of his defire to oblige them, as f.u 
 as is confiltent' with juftice, has been pkv.fed to i-v - 
 
 plain
 
 1 743.3 AUSTRIAN NETHERLANDS. 325 
 
 plain to them his true fentiments on that affair, and 
 by that means to recover them from the fears they 
 feem to have received. In order to this, no hefitation 
 has been made to declare to them on his part, by the 
 prefent aft, that his intention always was and ftill is, 
 
 I. That an amnefty, which he has moft gracioufly 
 granted to thofe of Embden and their adherents, lhall 
 have its entire effect ; and therefore that the feveral 
 pains and penalties pronounced againft thofe of Emb- 
 den and their adherents, upon the fcore of their re- 
 nitency (refiftance) (hall not be pup in execution. And 
 as for thofe of them which have actually been execu- 
 ted fmce the moft gracious acceptance of the fub- 
 miflion made by the people of Embden and their ad- 
 herents, the whole (hall be reftored upon the foot it 
 itood before the faid fubmifTion was accepted, that is 
 to fay, before the 3d of May, 1729, faving what is. 
 hereafter mentioned, of an agreement to indemnify 
 thofe for their lories, who were plundered during the? 
 late troubles. 
 
 II. His Imperial and Catholic Majefty having, by 
 his refolution of the 1 2th of September, 1729, moft gra- 
 cioufly permitted thofe of the town of Embden, and 
 their adherents, to draw up a frefh account of their 
 grievances, or matters wherein they thought them-r 
 felves aggrieved by the decrees of 1721, and the 
 years following, concerning the ground of the affairs 
 upon which they differed with 'the Prince ; and the 
 faid grievances having been afterwards exhibited to the 
 Imperial Aulic Council, with all fubmiffion, the 
 
 of November the fame year j his faid Majefty has al- 
 ready ordained, by his moft gracious refolution of the 
 3iftof Auguft, that thofe grievances Ihould be ex- 
 amined as foon as poffible. And, as it has been often 
 declared, it has been and ftill is his conftant deflre 3 
 that they Ihould be determined and decided with all, 
 the juftice and difpatch that is poflible, according to 
 Che agreements^ conventions, and decifions, which, 
 Y maks
 
 TREATIES WITH THE [1496 
 
 fnake the particular law of the province of Eaft 
 Friedand, and which are referred to in the Prince's 
 reverfal letters, pafled and fworn to at his accefiion 
 to the regency: provided, neverthelcfs, that under 
 the denomination of thofe agreements, conventions, 
 and dccifions, none be comprehended which were abro- 
 gated and annulled by his Imperial Majefty's auguft 
 predeceflbrs in the Empire, or which ftiike at the fu- 
 preme rights of the Emperor and the Empire over 
 the province of Eaft Fricfland, And his Imperial 
 and Catholic Majefty, as a farther proof of his mod 
 gracious intention to cut as Ihort as juftice will admit 
 him, the examination of the grievances of the people 
 .nbden, and their adherents, has already ordained, 
 by his refolution of the 31 ft of Auguft laft year, th.it, 
 as foon as the account thereof is delivered to thofe 
 who are properly to take cognizance of the fame, ac- 
 cording to tne tenor of the refolution above-mention- 
 ed, they lhall anfwer it very foon, and once for all ; 
 after which his Imperial Majefty, with the advice 
 of his Imperial Aulic Council, will redrefs every com- 
 plaint, article by aiticle, which fhall appear to be 
 grounded on the agreements above-mentioned. 
 
 III. It having been already ordained, purfuant to 
 his Imperial and Catholic Majefty's laft refolution of 
 the 3 1 ft of Auguft, 1730, that the people of the town 
 of Kmbden, and their adherents, ought to be admit- 
 ted into the Afiembly of the States, which is to be 
 called together to deliberate freely upon the affairs 
 that lie before them j his Imperial and Catholic Ma- 
 jefty will take care that this refolution fhall have its 
 ^ntire effect, and that none of thole who have a right 
 to afliit therein be excluded, contrary Jo the tenor 
 of it. 
 
 IV. As to the indemnification, his Imperial Ma- 
 jeftv thinks it proper, that an account be taken of the 
 damages, which, according to the tenor of the amnefty 
 publifhed the in the year 1728, and of the 
 
 refolution,
 
 1 743-1 AUSTRIAN NETHERLANDS. 327 
 
 refolution of" the I2th of September, 1729, ought to 
 be made good by the renitents j and that the faid ac- 
 count be communicated to them, that they may make 
 their objections : after which, his Imperial and Catho- 
 lic Majefty will caufe the difference to be amicably 
 adjufted, or, on failure of an accommodation, will, 
 with the utmoft equity, fix the fum which fhall be re- 
 quired to make good the damages fuftained. 
 
 V. His Imperial and Catholic Majefty perfifts in 
 the intention he always had to take particular care of 
 the payment of the intereft of die fums which the 
 States of Eaft Friefland, and of the town of Embden, 
 have borrowed of the fubjecls of the United Provin- 
 ces, as alfo of the reimburfement of the capital, ac 
 cording to the engagements entered into on that ao 
 count. 
 
 FRANCE. 
 
 ' I ^HE more ancient treaties, between 
 to JL England and France, which are fre- 
 1632. quent and numerous, may be feen in 
 
 Rym. F&d* vol. i. part ii. p. 50. 
 vol. iii. part ii. p. 3. 
 vol. iv. part iii. p. 171. 
 vol. vj. part ii. p. 88. 
 vol. xii. p. 690. 
 vol. xv. p. 211 640, 
 vol. xvi. p. 645. 
 vol. xix. p. 66. 
 
 Corps Dip. torn. vi. part. i. p. 3 1-33. 
 Pap. Off.B. ii. 
 Treat. 1732, vol, ii. p. 41 310. 
 
 Y 1648.
 
 3-S TREATIES [1259 
 
 1648. The treaty of Weftphalia, which is reci- 
 ted by die treaty of Verfailles, in 1783, as 
 one of its foundations. 
 
 Mably, Dr. Pub. vol. i. ch. i. 
 
 'Treat. 1732, vol. i. p. i. vol. ii.p, 
 
 335- 
 
 . 1785, vol. i. p. i 44. 
 
 1655 The treaties between die Cromwells and 
 
 to France. 
 1659. Pap. OfB. 12 13 14. 
 
 Treat. 1732, vol. iii. p. 145 199. 
 Treat. 1785, vol. i. p. 81 86 93 
 4 100 101. 
 
 9 'Z t - 1 '. 
 
 1667. The treaty between Great Britain and 
 {I July. France, concluded at Bredah. 
 
 Pap. Of. B. 17. 
 
 .._ Treat. 1732, vol. i. p. 127. 
 
 Treat. 1785, vol. i. p. 186. 
 
 167^. The marine and commercial treaty ber 
 
 4 Feb. tween Great Britain and France. 
 Treat. 1685, p. 243. 
 Treat. 1732, vol. i. p. 170. 
 Treat. 1785, vol. i. p. 209. 
 
 1678. The treaties of Nimeguen, between France 
 
 1679. and the States General, in 1678, and be- 
 tween France and Spain, in 1679, are reci- 
 ted by the treaty of Verfailles, in 1783, as 
 two of its foundations. 
 
 Treat. 1732, vol. i. p. 193245. 
 Corps Dip. vol. vii. p. 350 365. 
 
 1 696. The treaty of peace and neutrality in 
 16' Nov. America, between Great Britain and France, 
 Pap. Off. B. 25. 
 Treat. 1732, vol. i. p. 246. 
 Treat { 1785, vol. i. p. 261. 
 
 1697,
 
 1787-] WITH FRANCE. 329 
 
 1697. The treaty of peace between Great Bri- 
 4 1- Sept, tain .and France, concluded at Ryfwick; 
 
 which lee at p. 332. 
 
 Pap. Off. B. 26. 
 
 Treat. 1732, vol. i. p. 302. 
 
 Treat. 1785, vol. i. p. 299. 
 
 1698. The treaty, ufually called the Firfi Parti- 
 j<?Aug. tion Treaty, between Great Britain, France, 
 
 and the States General. 
 
 Treat. 1732, vol. i. p. 386. 
 Treat. 1.785, vol. i. p. 305. 
 
 1700. The treaty, ufually called the Second Par- 
 2 1 Feb. tition Treaty y between Great Britain, France, 
 and the States General, with the feparate 
 and fecret articles. 
 
 Pap. Oj^B.28. 
 
 Treat. 1732, vol. i. p. 407. 
 
 Treat. 1785, vol. i. p. 319. 
 
 1713. The treaty of peace and friendlhip be- 
 31 Mar. tween Great Britain and France, concluded 
 : -"~7 at Utrecht. 
 
 Pap. Off. B. 31-732. 
 
 Treat. 1732, vol. iii. p. 398. 
 
 Treat. 1785, vol. ii. p. 5. 
 
 1713. The treaty of navigation and commerce, 
 3 1 Mar. between Great Britain and France, concluded 
 
 7 at Utrecht. 
 
 Pap. Off. B. 34. 
 
 Treat. 1732, vol. iii. p. 440. 
 
 Treat. 1785, vol. ii. p. 40. 
 
 1714. . The treaty of BADEN, between the Em- 
 7 Sept. peror and France, is recited by the treaty of 
 
 Verfailles, in 1783, as one of its founda- 
 tions, 
 
 Treat. 1732, vol. iv. p. 358. 
 
 Rouffet, Rfcueil, vol. i. p. i. 
 
 1717-
 
 TREATIES [1259 
 
 1717. The treaty of defenfive alliance, between 
 .11. Great Britain, France, and the States Gene- 
 ral, which was concluded at the Hague, 
 and which isufually called The TRIPLE AL- 
 LIANCE. Pap. Off. B. 37. 
 
 'Treat. 1 732, vol. iv. p. 39. 
 'Treat. 1785, vol. ii. p. 185. 
 Roujjel, RecueilHtfloriqitey torn. i. p. 8 9. 
 
 1718. The QUADRUPLE ALLIANCE, between 
 11 July Great Britain, the Emperor, France, and the 
 """T States General, with the feparate and fecret 
 
 U &* articles, which is printed before, page 257, 
 under the head of The AUSTRIAN NETHER- 
 LANDS. 
 
 Pap. Off. B. 44. 
 Treat. 1732, vol. iv. p. 53. 
 'Treat. 1785, vol. ii. p. 199. 
 Rouflet t Recueil Iliftcrique, torn. i. p. 
 1 80. 
 
 T - 1 1 . The treaty of defenfive alliance, between 
 jejune. Great Britain, France, and Spain, with the 
 feparate articles, concluded at Madrid. 
 Pap. Off. B. 50. 
 tfreat. 1732, vol. iv. p. 123. 
 'Treat. 1785, vol. ii. p. 268. 
 
 1721. The triple defenfive alliance, between 
 13 June. Great Britain, France, and Spain, with the 
 feparate article, concluded at Madrid, 
 Pap. Off. B. 53, 
 
 1725. The treaty between Great Britain, France^, 
 3 Sept. and PrufTia, concluded at Hanover. 
 Pap. Off. B. 58. 
 Rouffety Recueil Hiftorique 3 torn. ii. p % 
 
 189. 
 
 'Treat. 1732, vol. iv. p. 146. 
 treat. 1785^0!. ii. p, 274.
 
 1787.] WITH FRANCE. 331 
 
 1727. The defenfive treaty, between Great Bri- 
 1 6 Apr. tain, France, and Denmark, concluded at 
 (Copenhagen. 
 
 Pap. Off.R. 62. 
 
 Rou/et, Recueil Hi/tongue, torn. iv. p. 
 
 244. 
 
 Treat. 1732, vol. iv. p. 167. 
 'Treat. 1785, vol. ii. p. 295. 
 
 1729. The treaty of peace, union, and mutual 
 g NOV. defence, with the feparate and fecret articles, 
 between Great Britain, France, and Spain, 
 concluded at Seville. 
 
 Pap. Off. B. 64. 
 
 Rouffet, Recueil ITiftorique> torn, v. 
 
 part. ii. p. i . 
 
 'Treat. 1732, vol. iv. p. 201. 
 Treat. 1785, vol. ii. p. 306. 
 
 3738. The treaty of VIENNA, between the Em- 
 peror and other Powers, is recited by the 
 treaty of Verfailles, in 1783, as one of its 
 foundations. 
 
 Mably, Dr. Pub. vol. iii. p. 57. 
 
 1748. The treaty of peace, with the feparate and 
 fj Q6t. fecret articles, between Great Britain, France, 
 and the States General, concluded at Aix-la* 
 Chapelle. 
 
 P<p. Off. B. 76. 
 
 Treat, 1785, vol. ii. p. 370. 
 
 1763. The definitive treaty of peace, between 
 jo Feb. Great Britain, France, and Spain, concluded 
 t Paris. 
 
 Treat, 1785, vol. ui. >, 177. 
 
 17*3*
 
 332 TREATIES [1259 
 
 1783. The treaty of peace, between Great Bri- 
 3 Sept. tain and France, concluded at Verfailles. . 
 Treat. 1785,^0!. iii. p. 354. 
 
 1786. The treaty of navigation and commerce, 
 26 Sept. between Great Britain and France, con- 
 cluded at Verfailles. 
 
 1787. '/he convention bctw'een Great Britain 
 15 Jan. and France, concluded at Verfailles. 
 
 1787. The convention between Great Britain 
 31 Aug. and France, concluded at VerfaiUes. 
 
 [The TREATY OF RYSWICK, is printed from the copy 
 which was publifhed by authority in 1697.] 
 
 Tbe Articles of Peace between the moft Serene and 
 Mighty Prince William tbe Third, King of Great 
 Britain, and tbe mojl Serene and Migbty Prince 
 Lewis tbe Fourteenth, tbe moft Chriftian King, >-w- 
 cluded in tbefioyal Palace at Ryfwick,4fc ~ Day 
 of September, 1697. 
 
 I. THAT there be an univerfal perpetual peace, 
 and a true and fincere friend/hip, between the moft 
 Serene and Mighty Prince William the Third, King 
 of Great Britain, and the moft Serene and Mighty 
 Prince Lewis the Fourteenth, the moft Chriftian King, 
 their heirs and fucceflbrs, and between the kingdoms, 
 ftates, and fubje&s of both ; and that the fame be- fo 
 fincerely and inviolably obferved and kept, that the 
 one (hall promote the intereft, honour, and advantage 
 of the other, and that on both fides a faithful neigh- 
 bourhood, and true obfervation of peace and friend - 
 Ihip, may daily flourifii and increafe. 
 
 II. That all enmities, hoftilities, difcords, and wars, 
 between the faid King of Great Britain and the moil 
 Chriftian Xing, and their fubjects, ceafe and be abo- 
 Jifhed, fo that on both fides they forbear and abftain, 
 
 hereafter 

 
 1787-] wifH FRANCE. 33 3 
 
 hereafter from all plundering, depredation, harm-do- 
 ing, injuries, and infeftation whatfoever, as well by 
 land as by fea, and on frelh waters, every where j and 
 cfpecially throughout all the kingdoms, territories, do* 
 minions, and places^ belonging to each other, of what 
 condition foever they be. 
 
 III. That all offences, injuries, damages, which 
 the faid King of Great Britain and his fubjects, or the 
 faid moil Chriftian King and his fubjecls, have fuf- 
 fered from each other during this war, fhall be forgot- 
 ten, fo that neither on account of them, or for any 
 other caufe or pretence, neither party, or the fubjecls 
 of either, fhall hereafter do, caufe, or fuffer to be done, 
 any hoftilky, enmity, moleftation, or hinderance to the 
 other, by himfelf or others, fecretly or openly, directly 
 or indirectly, by colour of right or way of fact. 
 
 IV. And fmce the moft Chriftian King was never, 
 more defirous of any thing, than that the peace be firm 
 and inviolable, the faid King promifes and agrees, for 
 himfelf and his fucceffors, that he will on no account 
 whatfoever difturb the faid King of Great Britain in 
 the free poffeffion of the kingdoms, countries, lands, 
 or dominions which he now enjoys ; and therefore 
 engages his honour, upon the faith and word of a 
 King, that he will not give or afford any affiftance, 
 directly or indirectly, to any enemy or enemies of the 
 laid King of Great Britain ; and that he will in no 
 manner whatfoever favour the conspiracies or plots 
 which any rebels, or ill-difpofed perfons, may in any 
 place excite or contrive againft the faid, King; and 
 for that end promifes and engages, that he will not 
 affift with arms, ammunition, fhips, provifions, or mo- 
 ney, or in any other way, by fea or land, any perlbn 
 or perfons, who fhall hereafter, under any pretence 
 whatfoever, difturb or moleft the faid King of Great 
 Britain in the free and full poffeffion of his king- 
 doms, countries, lands, and dominions. The King 
 of Great Britain likewife promifes and engages, for 
 
 himfelf
 
 334 TREATIES [1259 
 
 himfelf and fucceffbrs, Kings of Great Britain, that he 
 will inviolably do and perform the fame towards the 
 faid moft Chriftian King, his kingdoms, countries, 
 lands, and dominions. 
 
 V. That there be a free ufe of navigation and com- 
 merce between the fubjefts of both the faid Kings, as 
 was formerly in the time of peace, and before the 
 declaration of the late war, fo that every one of them 
 may freely come into the kingdoms, marts, ports, and 
 rivers of either of the faid Kings with their merchan- 
 dizes, and may there continue and trade without any 
 moleftation, and ihali ufe and enjoy all liberties, im- 
 munities, and privileges, granted by folemn treaties 
 and ancient cuftom. 
 
 VI. That the ordinary adminiftration of juftice 
 fhall be reftored and fet open, throughout the king- 
 doms and dominions of both Kings, fo that it fhall be 
 free for all the fubjefts of either, to claim and obtain 
 their rights, pretenfions, and actions, according to the 
 laws, conftitutions, and ftatutes of each kingdom. 
 
 VII. The moft Chriftian King fhall reftore to the 
 faid King of Great Britain, all countries, iflands, forts, 
 and colonies, wherefoever fituated, which the Englifh 
 did poffefs before the declaration of this prefent war. 
 And in like manner the King of Great Britain fhall 
 reftore to the moft Chriftian King all countries, iflands, 
 forts, and colonies, wherefoever fituated, which the 
 French did poflefs before the faid declaration of war; 
 and this reftitution fhall be made, on both fides, within 
 the fpace of fix months, or fooner if it can be done. 
 And to that end, immediately after the ratification of 
 this treaty, each of the faid Kings fhall deliver, or 
 caufe to be delivered, to the other, or to commifilon- 
 ers authorized in his name for that purpofe, all afts 
 of conceffion, inftruments, and necefikry orders, duly 
 made and in proper form, fo that they may have 
 their efTec!;. 
 
 VIII. Com-
 
 I7&7-] WITH FRANCE. 33S 
 
 ^ VIII. Commiffioners fhall be appointed on both 
 fides, to examine and determine the rights and preten- 
 fions which either of the faid Kings hath to the places 
 fituated m Hudfon's Bay; but the poffeffion of thofe 
 places which were taken by the French, durino- the 
 peace that preceded this prefent war, and were reta- 
 ken by the Englilh during this war, fhall be left to the 
 French, by virtue of the foregoing article. The ca- 
 pitulation made by the Englifh on the fifth of Sep- 
 tember, 1696, fhall be obferved, according to its form 
 and tenor; the merchandizes therein mentioned fhall 
 be reftored ; the governor of the fort taken there fhali 
 be fet at liberty, if it be not already done; the dif- 
 ferences arifen concerning the execution of the faid 
 capitulation, and the value of the goods there loft, 
 fhall be adjudged and determined by the faid commif- 
 fioners ; who, immediately after the ratification of the 
 prefent treaty, fhall be inverted with fufficient autho- 
 rity for fettling the limits and confines of the lands to 
 be reftored on either fide, by virtue of the foregoing 
 article, and likewife for exchanging of lands, as & may 
 conduce to the mutual intereft and advantage of both 
 Kings. 
 
 And to this end the commiffioners fo appointed 
 fhall, within the fpace of three months from the time 
 of the ratification of the prefent treaty, meet in the 
 city of London, and within fix months, to be reckoned 
 from their firft meeting, fhall determine all differences 
 and difputes which may arife concerning this matter ; 
 after which, the articles the faid commiffioners fhall 
 agree to, fhall be ratified by both Kings, and fhall 
 have the fame force and vigour as if they were infeited 
 word for word in the prefent treaty. 
 
 IX. All letters, as well of reprifal as of marque 
 and counter- marque, which hitherto have for any 
 caufe been granted on either fide, fhall be and remain 
 null and void; nor fhall any the like letters be here- 
 after granted by either of the faid Kings againft the 
 fubjects of the other, unlefs it be firft made mani- 
 
 feft
 
 * TREATIES 
 
 feft that Bright hath been denied ; and it fliall not be- 
 taken for a denial of right, unlefs .the petition of the* 
 pc i ion, who dcfircs letters of rcprifal to be granted to 
 him, be firll flic v, n to the minitler refiding there on 
 the pait of the King againlt v.-holc fubjedts thofe let- 
 ters are defired -, that within the fpacc of four months, 
 or fooner, he may inquire into the contrary, or pro- 
 cure that fadsfadtion be made with all fpeed from the 
 party offending to die complainant. But if the King 
 againft whofe fubjedts reprifals are demanded, 
 no minifter refiding there, letters of rcprifal fliall not 
 b<- granted, till after the fpace of four months, to IK 
 itckoned from the day on which his petition was made 
 and preiented to the King againft whofe lubjects re- 
 prifals are defired, or to his privy council. 
 
 X. For cutting off all matter of difputc and con- 
 tention, which may arife concerning the refthution of 
 Ihips, merchandizes, and other movcable goods, which 
 either party may complain to be taken and del 
 from the other, in countries and on coalls far dif- 
 -tant, after the peace is concluded, and before it be no- 
 tified there ; all Ihips, merchandizes, and other move- 
 able goods, which fliall be taken by either fide, after 
 the iigning and publication of the prelent treaty, within 
 the fpace of twelve days in the Biitifli and Nortl: 
 as far as the Cape St. Vincent;- within the fj>. 
 ten weeks beyond the laid Cape, and on this fide ot 
 the Equinoctial 1 ,ine or Equator, as well in the ocean 
 and. Mediterranean fca as elfewhere; laftly, within the 
 fpace of fix months beyond the faid Line, throughout 
 the whole world, fliall belong and remain unto the 
 pofieflbrs, without any exception or further diftindtion 
 of rime or place, or any confideration to be had of 
 rcftitution or compcnfation. 
 
 Xf. But if it happens, through inadvertency or im- 
 prudence, or any other caule whatever, that any fub- 
 ject of either of the laid two Kings fliall do or com- 
 mit any thing, by land or lea, or on frcfh water, any 
 i where,
 
 1787.] WITH FRANCE. 337 
 
 where, contrary to the prefent treaty, or that any par- 
 ticular article thereof is not fulfilled ; this peace and 
 good correfpondence between the faid two Kings fhall 
 not on that account be interrupted or infringed, but 
 fhall remain in its former force, ftrength, and vigour, 
 and the faid fubject only fhall anfwer for his own fact, 
 and undergo the punifhment to be inflicted, according 
 to the cuftom and law of nations. 
 
 XII. But if (which God forbid) the differences now 
 compofed between the faid Kings fhould at any time 
 be renewed, and break out into open war, the fhips, 
 merchandizes, and all kind of moveable goods of ei- 
 ther party, which fhall be found to be and remain 
 in the ports and dominions of the adverfe party, fhall 
 not be confifcated or brought under any inconveni- 
 ency, but the whole fpace of fix months fhall be al- 
 lowed to the fubjects of both of the faid Kings, that 
 they may carry away and tranfport the forefaid goods, 
 and any thing elfe that is theirs, whither they fhall 
 think fit, without any moleftation. 
 
 XIII. For what concerns the principality of Orange, 
 and other lands and dominions belonging to the faid 
 King of Great Britain, the feparate article of the 
 treaty of Nimeguen, concluded between the moft 
 Chriftian King and the States General of the United 
 Provinces, the lothday of Auguft, 1678, fhall, ac- 
 cording to its form and tenor, have full effect, and all 
 things that have been innovated and altered fhall be 
 reftored as they were before. All decrees, edicts, and 
 other acts, of what kind foever they be, without ex- 
 ception, which are in any manner contrary to the faid 
 treaty, or were made after the conclufion thereof, fhall 
 be held to be null and void, without any revival or 
 confequence for the future: and all things fhall be 
 reftored to the faid King in the fame ftate, and in the 
 fame manner, as he held and enjoyed them before he 
 was difpoffeffed thereof in the time of the war which 
 was ended by the faid treaty of Nimeguen, or .jvhich 
 
 VOL. I. Z he
 
 ^REATIES [1259 
 
 he ought to have held and enjoyed according to the 
 faid treaty. And, that an end maybe put to ail trou- 
 ble, differences, proceflfes, and queltions, which may 
 arife concerning the fame, b"t!i the laid Kin^s will, 
 name commifiioners, who, w,idi full and fummaiy pow- 
 er, may compofe and fettle all thefc matters. And 
 forafmuch as, by the authority of the mod Chriftian 
 King, the King of (treat Britain was hindered from 
 enjoying the revenues, rights, and profits, as well of 
 his principality of Orange, as of other his dominions, 
 which, after the condufion of the treaty of Nimegtien, 
 until the declaratiori of flic prelent war> were under 
 the power of the faid moft Chriftian King, the faid 
 moft Chriftian King will reftore, and caufe to Iv 
 ftored in reality, with effect, and with the intere.lt due, 
 all thofe revenues, rights, and profits, according to the 
 declarations and verifications that ihall be made be- 
 fore the faid commiflioners. 
 
 XIV. The treaty of peace concluded between the 
 moft Chriftian King, and the late Eledtor of Bran- 
 denburgh, at St. Germains in Laye, the 29th of June, 
 1679, ihall be reftored in all its articles, and remain 
 in its former vigour between his Sacred moft Chrif- 
 tian Majefty, and his Electoral Highnefs of Bran- 
 denburgh. 
 
 XV. Whereas it wilj greatly conduce to the pub- 
 lic tranquillity, that the treaty be obfcrved, which was 
 concluded between his Sacred moft Chriftian Majel- 
 ty, ajid his Royal Highnefs of Savoy, on the 9th of 
 Auguft, 1696, it is agreed that the faid treaty ihall be 
 confirmed by this article. 
 
 XVI. Under this prefent treaty of peace fhall be 
 comprehended thofe who ihall be named by either 
 party, with common confent, before the exchange of 
 ratifications, or within fix months after. But in the 
 mean time, the moft Serene and Mighty Prince Wil- 
 liam, King of Great Britain, and the moft Serene 
 ind Mighty Prince Lewis, the moft Chriftian King, 
 
 gratefully
 
 1 7 87.] w IT H F R A -N G F, 
 
 gratefully acknowledging; the fincere offices and inde- 
 fatigable endeavours, which have been employed by 
 the moft Serene and Mighty Prince Charles King of 
 Sweden, by the interpofition of his mediation, in bring- 
 ing this happy work of the peace, with the Divine af- 
 fiftance, to the defired conclufion ; and to fheSv the 
 like affection to him, it 1 is by confent of all parties 
 ftipulated and agreed, that his laid Sacred Royal Ma- 
 jefty of Sweden fhall, with all his kingdoms, coun- 
 tries, provinces, and rights, be included in this treaty, 
 and comprehended, in the bell manner, in the prefent 
 pacification. 
 
 XVII. Laftly, The folemn ratifications of this pre- 
 fent agreement and alliance, made in due form, fhall 
 be delivered on both fides, and mutually and duly ex- 
 cnanged at the royal palace of Ryfwick, in the pro- 
 vince of Holland, within the fpace of three weeks, to 
 be reckoned from the day of the fubfcription, of fooner 
 if it may be. 
 
 In teftimony of all and every the things before men- 
 tioned, and for their greater force, arid to give 
 them all the vigour and full authority they ought 
 to have, the under-written Ambaffadors Extra- 
 ordinary and Plenipotentiaries, together with the 
 Illuftrious and moft Excellent the Extraordinary 
 Ambafiador Mediator, have figned and fealed the 
 prefent inftrument of peace. Done, &:c. 
 
 Signed by the Englifh and French Arhbafladors, and 
 by the Mediator. 
 
 Separate Article. 
 
 BESIDES all that is concluded and ftipulated by the 
 treaty of peace figned' this prefent day, the; aoth of 
 September, it is moreover agreed by the prefent fe- 
 parate article, which fhall have the fame force and. 
 effect as if it was inferted word for word in the faid 
 treaty, that the moft Chrlftian King lhall covenant 
 Z 2 and
 
 540 TREATIES [1259 
 
 and agree, and by the prefent article he does cove- 
 nant and agree, that it fhall be free for the Emperor 
 and the Empire, until the firft day of November 
 next, to accept the conditions of peace lately propo- 
 fed by the molt Chriftian King, according to the de- 
 claration made on the firft day of this prefent month, 
 unlcfs -in the mean time it fhall be otherwife agreed 
 between his Imperial Majefty and the Empire, and 
 his moft Chriftian Majefty. And in cafe his Impe- 
 rial Majefty does not, within the time prefixed, accept 
 thofe conditions, or that it be not otherwife agreed 
 between his Imperial Majefty and the Empire, and 
 his moft Chriftian Majefty, the faid treaty fhall have 
 its full effect:, and be duly put in execution accor- 
 ding to its form and tenor : and it fhall not be law- 
 ful for the King of Great Britain, directly or indi- 
 rectly, on any account or caufe whatfoever, to act 
 contrary to the faid treaty. 
 
 [The TgEATY OF UTRECHT, is printed from the copy 
 which was publifhed by authority in 1713.] 
 
 The Treaty of Peace and Friendjbi-p between the rnojl 
 Serene and moft Potent Princejs Anne, by the grace 
 of God t Queen of Great Britain, France, Wire- 
 land, and tbt moft Serene and moft Potent Prince 
 J ,ewis the XlVth, the mojl Cbrijlian King, concluded 
 at Utrecht, tbe ^ day */, 1713. 
 
 WHEREAS it has pleafed Almighty God, for 
 the glory of his name, and for the univerfal welfare, fo 
 to direct the minds of Kings for the healing, now in his 
 own time, the miferies of the wafted world, that they 
 are difpofed towards one another with a mutual defire 
 of making peace : be it therefore known to all and fin- 
 gular whom it may concern, that under this Divine 
 guidance, the moft Serene and moft Potent Princefc 
 and Lady Anne, by the grace of God, Queen of. 
 
 * " Great
 
 1787.] WITH FRANCE. 341 
 
 Great Britain, France, and Ireland, and the moft 
 Serene and moft Potent Prince and Lord Lewis the 
 XlVth, by the grace of God, the moft Chriftian 
 King, consulting as well the advantage of their fub* 
 jects, as providing (as far as mortals are able to do) 
 for the perpetual tranquillity of the whole Chriftian 
 world, have refolved at laft to put an end to the war, 
 which was unhappily kindled, and ha been obftinately 
 carried on above thefe ten years, being both cruel and 
 deftruftive, by reafon of the frequency of battles, and 
 the effufion of Chriftian blood. And for promoting 
 this their royal purpofe, of their own proper motion, 
 and from that paternal care which they delight to ufe 
 towards their own fubjects, and the public weal of 
 Chriftendom, have nominated and appointed the moft 
 noble, illuftrious, and excellent Lords, their Royal 
 Majefties refpective Ambafladors Extraordinary and 
 Plenipotentiaries, viz. her Sacred Royal Majefty of 
 Great Britain, the Right Reverend John, by Divine 
 permifiion, Bifhop of Briftol, Keeper of the Privy 
 Seal of England, one of her Majefty's Privy Council, 
 Dean of Windfor, and Regifter of the moft Noble 
 Order of the Garter j as alfo the moft Noble, Illuf- 
 trious, and Excellent Lord, Thomas Earl of Strafford, 
 Vifcount Wentworth of Wentworth Woodhoufe, and 
 Stainborough, Baron of Raby, one of her Majefty's Privy 
 Council, her Ambafiador Extraordinary and Plenipo- 
 tentiary to the High and Mighty Lords the States 
 General of the United Netherlands, Colonel of the 
 Royal regiment of Dragoons, Lieutenant General of 
 her Majefty's forces, firft Lord Commifiioner of the 
 Admiralty of Great Britain and Ireland, and Knight 
 of the moft Noble Order of the Garter j and his Sa- 
 cred Royal moft Chriftian Majefty, the moft Noble, 
 Illuftrious, and Excellent Lords, Nicolas, Marquis 
 of Huxelles, Marfhal of France, Knight of the King's 
 Orders, and Lieutenant General of the dukedom of 
 Burgundy; and Nicolas Mefnager, Knight of theKing's 
 Order of St. Michael: and have furnifhed the faid 
 Z 3 Ambaf-
 
 TREATIES [, S59 
 
 Ambafiadors Extraordinary with full and ample power 
 to treat, agree of, and c< include a firm and latling 
 peace between their Royal Majefties. Wherefore the 
 aforefaid AmbafTadors, after divers and important 
 cbnfultations had in the congrcfs held at Utrecht for 
 that purpofe, having at length overcome, without the 
 intervention of any mediator, all the obllacles which 
 hindered the end of fo wholetbme a defign, and having 
 invoked the Divine afiiftance, that God would be. 
 pleafed to preferve this their work intire and unviolated, 
 and to prolong ijt to the lateft pofterity, after having 
 mutually communicated and duly exchanged their 
 full powers (copies whereof are inferted word for word 
 at the end of this inftrument) they have agreed on the 
 reciprocal conditions of peace and friendihip between 
 their above-mentioned Majefties, and their people and 
 fubjecbs, as follows:. 
 
 I. That there be an univerfal perpetual peace, and 
 a true and fincere friendftiip, between the moft Serene 
 and mod Potent Princefs Anne, Queen of Great 
 Britain, and the moft Serene and moft Potent Prince 
 Lewis the XlVth, the moft Chriftian King, and their 
 heirs and fucceflbrs, as alfo the kingdoms, ftates, and 
 itibjefts of both, as well without as within Europe ; 
 and that the fame be fo fincerely and inviolably pre- 
 ferved and cultivated, that the one do promote the in- 
 trreft, honour,, and advantage of the other, and that 
 a faithful neighbourhood on all fides, and a fccurc 
 cultivating of peace and friendfliip, do daily flourifh 
 again and increafe. 
 
 II. That all enmities, hoftilities, difcords, and wars, 
 between the faid Queen of Great Britain and the 
 faid moft Chriftian King, and their fubjects, do ceale 
 and be "abolished, fo that on both fide* they do wholly 
 refrain and deiift from all plundering, depredation, 
 harm-doing, injuries, and annoyance whatloevcr, as 
 well by land, as by fea and firfh waters, in all parts of 
 tLe world, and chiefly through all traces, dominions, 
 
 and
 
 1787-] WITH FRAKtE. 343. 
 
 and places of what kind foever, of the kingdoms, 
 countries, and territories of either fide. 
 
 III. All offences, injuries, harms, and damages, 
 which the aforefaid Queen of Great Britain, and her 
 fubjects, or the aforefaid moft Chriftian King, and his 
 fubjecrs, have fuffered the one from the other, during 
 this war, fhall be buried in oblivion, fo that neither 
 on account, or under pretence thereof, or of any other 
 thing, fhall cither hereafter, or the fubjefts of either, 
 do or give, caufe or fuffer to be done or given, to the 
 other, any hoflility, enmity, moleftation, or hinderance, 
 by themfelves or by others, fecretly or openly, directly 
 or indirectly, under colour of right, or by way of fact. 
 
 IV. Furthermore, for adding a greater ftrength to 
 the peace which is reftored, and to the faithful friendfhip 
 which is never to be violated^ and for cutting oif all 
 occafions of diftruft, which might at any time arife 
 from the eftabliilied right and order of the hereditary 
 fuccefTion to the crown of Great Britain, and the limi- 
 tation thereof by the laws of Great Britain (made and 
 enacted in the reigns of the late King William the Third, 
 of glorious memory, and of the prefent Queen) to the 
 iffue of the abovefaid Queen, and in default thereof^ 
 to the moft Serene Princefs Sophia, Dowager of Brunfr 
 wic-Hanover, and her heirs in the Proteftant line of 
 Hanover. That therefore the faid fucceffion may 
 remain fafe and fecure, the moft Chriftian King fm- 
 cerely and folemnly acknowledges the abovefaid limi- 
 tation of the fucceflion to the kingdom of Great Bri- 
 tain, and on the faith and word of a King, on the 
 pledge of his own and his fuccelTors honour, he does 
 declare and engage, that he accepts and approves the 
 fame, and that his heirs and fucceflbrs do and Ihall ac* 
 cept and approve the lame for ever. And under the 
 fame obligation of the word and honour of a King, the 
 molt Chriftian King promifes, that no one befides the 
 Queen herfelf, and her fucceffors, according to the feries 
 of the faid limitation, fhall ever by him, or by his heirs OP, 
 fucceiTors, be acknowledged or reputed to be King or 
 
 Z 4 Queen
 
 344 TREATIES [1259 
 
 Queen of Great Britain. And for adding more ample 
 credit to the faid acknowledgment and promifes, the 
 moft Chriftian King does engage, that whereas the per- 
 fbn who, in the life-time of the late King James the Se- 
 cond, did take upon him die tide of Prince gf Wales, 
 and fince his deceafe, that of King of Great Britain, 
 is lately gone, of his own accord, out of the kingdom 
 pf France, to refide in fome other place, he the afore- 
 faid moft Chriftian King, his heirs and fucceflbrs, will 
 take all poflible care that he fhall not at any time here- 
 after, or under any pretence whatsoever, return into 
 the kingdom of France, or any the dominions thereof. 
 
 V. Moreover, the moft Chriftian King promifes, 
 as well in his own name, as in that of his heirs and 
 fycceflbrs, that they will at no time whatever difturb 
 or give any moleftation to the Queen of Great Britain, 
 her heirs and fucceflbrs, defcended from the aforefaid 
 Proteftant line, who poflefs the crown of Great Bri- 
 tain, and the dominions belonging thereunto. Neither 
 will the aforefaid moft Chriftian King, or any one of his 
 heirs, give at any time any aid, fuccour, favour, or 
 counfcl, directly or indirectly, by land or by fea, in 
 money, arms, ammunition, warlike provifion, (hips, 
 foldicrs, fcamcn, or any other way, to any perfon or 
 perfons, whofoever they be, who for any caufe, or 
 under any pretext whatsoever, fhould hereafter endea- 
 vour tooppofe the faid fucceffion, either by open war, 
 or by fomenting Hditicns and forming confpiracies 
 againft fuch Prince or Princes who are in poficflion of 
 the throne ( f Qreat Britain, by virtue of the acts of 
 parliament afore-mentioned, or againft that Prince or 
 Princcfc to whom the fuca flion to the crown of Great 
 Britain (hall be open, according to the faid acts of 
 parliament. 
 
 VI. Whereas the moft deftructive flame of war, 
 which is to be extinguifhed by this peace, arofe chiefly 
 from thence, that the fecurity and liberties of Europe 
 could by no means bear the union of the kingdoms of 
 
 - France
 
 1787-:! WI-TH -FRANCE. 345 
 
 France and Spain under one- and the fame King ; and 
 whereas it has at length been brought to pafs, by the 
 affiftance of the Divine Power, upon the moft earneft 
 inftances of her Sacred Royal Majefty of Great Bri- 
 tain, and with the confent both of the moft Chriftian 
 and of the Catholic King, that this evil fhould in all 
 times to come be obviated, by means of renunciations 
 drawn in the moft effectual form, and executed in the 
 moft folemn manner, the tenor whereof is as follows: 
 
 Letters Patents by the KING? 
 
 Which admit the Renunciation of the King of Spain 
 to the Crown of France, and thofe of M. the Duke 
 of Berry, and of M. the Duke of Orleans, to the 
 Crown of Spain. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre : to all people prefent and to come, greet- 
 ing. During the various revolutions of a war, wherein 
 we have fought only to maintain the juftice of the rights 
 of the King, our moft dear, and moft beloved grand- 
 fon, to the monarchy of Spain, we have never ceafed 
 to defire peace. The greateft fuccefTes did not at all 
 dazzle us, and the contrary events, which the hand of 
 God made ufe of to try us, rather than to deftroy us, 
 did not give birth to that defire in us, but found it 
 there. But the time marked out by Divine Providence, 
 for the repofe of Europe, was not yet come j the dif- 
 tant fear of feeing one day our crown, and that of Spain, 
 upon the head of one and the fame Prince, did always 
 make an equal imprefiion on the Powers which were 
 united againft us; and this fear, which had been the 
 principal caufe of the war, feemed alfo to lay an infu- 
 perable obftacle in the way to peace. At laft, after 
 many fruitlefs negotiations, God being moved with 
 the fufferings and groans of fo many people, was 
 pleafed to open a furer way to come at fo difficult a 
 peace. But the fame alarms ftill fubfifting, the firft 
 2nd principal condition, which was propofed to us by 
 
 our
 
 TREATIES I-T259 
 
 our moft dear and mod beloved filler the Quern of 
 Great Britain, as the eifcntial nnd neceflfary fxnmdurion 
 of creating, was, that the King of Spain, our faid bro- 
 ther and grandfon, keeping the monarchy of Spain 2n4 
 of the Indies, fhould renounce for himfelf and his 
 defendants for ever, the rights which his birth might 
 at any time give him and them to our crown ; that on 
 the other hand, our moft dear and moft beloved grand- 
 fon the Duke of Berry, and our moft dear and moft 
 beloved nephew the Duke of Orleans, fhould likewife 
 renounce, for themfelves, and for their defendants, 
 male and female for ever, their rights to the monarchy 
 of Spain and the Indies. Our laid litter canfed it to 
 be reprefented to us, that without a formal and po- 
 fitive aflurance upon this point, which alone could be 
 the bond of peace, Europe would never be at reft; all 
 the Powers which lhare the fame being equally per- 
 fuaded, that it was for their general intereft, and f< >r 
 their common fccurity, to continue a war, whereof 
 no one could foreiee the end, rather than to be cxpofed 
 to behold the fame Prince become one day mailer of 
 two monarchies fo powerful as thofe of France and 
 Spain. But as this Princels (whofe indefatigable zeal 
 for re-cftablifhing the general tranquillity we cannot 
 fufficiently praifc) was fenfible of all the rcluc'lancy we 
 had to confent that one of our children, fo worthy to in- 
 herit the fucceffion of our forefathers, fhould neceflarily 
 be excluded from it, if the misfortunes, wherewith it has 
 pleafed God to afflift us in our family, fhould more- 
 over tal^e from us, in the pcrfon of the Dauphin, our 
 moft dear and moft beloved great grandfon, the only re- 
 mainder of thofe Princes which our kingdom has fo 
 juftly lamented with us; fhe entered into our pain, and 
 after having jointly fought out gentler means of fecur- 
 ing the peace, we agreed with our faid fifter to propofe 
 to the King of Spain other dominions, inferior, indeed, 
 to thofe which he poflefles, yet the value thereof would 
 fo much the more increafe under his reign, iriafmuch 
 as in that cafe he would preserve his rights, and annex 
 
 to
 
 3787-] WI.TH FRANCE. 747 
 
 to our crown a part of the faid dominions, if lie came 
 one time or other to fucceed us. We employed there- 
 fore the ftrongeft reafons to perfuade him to accept 
 this alternative. We gave him to underftand, that 
 the duty of his birth was the firft which he ought to 
 confult; that he owed himfelf to his houfe, and to his 
 country, before he was obliged to Spain ; that if he 
 were wanting to his firft engagements, he would per- 
 haps one day in vain regret his having abandoned thofe 
 rights which he would be no more able to maintain. 
 We added to thefe reafons, the perfonal motives of 
 friendship and of tender love, which we thought likely 
 to move him ; the pieafure we fhould have in feeing 
 him from time to time near us, and in patting ibme 
 part of our days with him, which we might promife 
 ourielves from the neighbourhood of the dominions 
 that were offered him, the fatisfaction of inlr.ruc~t.ing 
 him ourfeives concerning the ftate of our affairs, and 
 of relying upon him for the future -, fo that, if God 
 fhould prefcrve to us the Dauphin, we could give our 
 kingdom, in the perfon of the King our brother and 
 grandfon, a regent inftru&ed in the art of government; 
 and that if this child, fo precious to us and to our fub- 
 jecls, were alfo taken from us, we fhould at leaft have 
 die coniblation of leaving to our people a virtuous 
 King, fit to govern them, and who would likewife 
 annex to our crown very confiderabie dominions. Our 
 inftances, reiterated with all the force, and with all 
 the tender affection neceffary to perfuade a fon, who fb 
 juftly deferves thofe efforts which we made for pre- 
 ierving him to France, produced nothing but reiterated 
 refufals on his part, ever to abandon fuch brave and 
 faithful fubjects, whofe zeal for him had been diftin- 
 guifhed in thofe conjunctures when his throne feemed 
 to be the moft fliaken. So that, perfifting witli an 
 invincible firmnefs in his firft refolution, afferdng like- 
 wife, that it was more glorious and more advantage- 
 ous for our houfe, and for our kingdom, than that 
 which we prefTed him to take, he declared in the meet- 
 3 ing
 
 34 8 TREATIES [1259 
 
 ing of the States of the kingdom of Spain, aflembled 
 at Madrid for that purpofe, that for obtaining a ge- 
 neral peace, and fecuring the tranquillity of Europe 
 by a balance of power, he of his own proper motion, 
 of his own free will, and without any conftraint, re- 
 nounced for himfelf, for his heirs and fuccefibrs for 
 ever and ever, all pretenfions, rights, and titles, which 
 he or or any of his defcendants have at prefent, or 
 may have at any time to come whatfoevcr, to the fuc- 
 ceflion of our crown; that he held for excluded there- 
 from, himfelf, his children, heirs, and descendants for 
 ever; that he confcnted for himfelf and for them, 
 that now, as well as then, his right, and that of his 
 defcendants, fhould pafs over and be transferred to 
 him among the Princes whom the law of fucceflion 
 and the order of birth calls or ftiall call to inherit 
 our crown, in default of our faid brother and grandfon 
 the King of Spain, and of his defcendants, as it is 
 more amply fpecified in the acl of renunciation ap- 
 proved by the States of his kingdom; and confequently 
 he declared, that he defifted particularly from the right 
 which hath been added to that of his birth by our 
 letters patents of the month of December, 1700, 
 whereby we declared, that it was our will that the King 
 of Spain, and his defcendants, fhould always prefervc 
 the rights of their birth and original, in the faint: 
 manner as if they refided actually in our kingdom ; 
 and from the regiflry which was made of our faid 
 letters patents, both in our court of parliament, and 
 in our chamber of accounts at Paris. We are fen- 
 fible, as King, and as Father, how much it were to be 
 defired that the general peace could have been con- 
 cluded without a renunciation, which makes fo great 
 a change in our Royal Houfe, and in the ancient order 
 of fucceeding to our crown ;. but we are yet more 
 fenfible how much it is our duty to fecure fpcedUy to 
 our fubjects a peace, which is fo necefiary for them. 
 We (hall never forget the efforts which they made for 
 us during the long continuance of a war which we 
 
 could
 
 1787-] WITH FRANCE. 349. 
 
 could not have fupported if their zeal had not been 
 much more extenfive than their power. The welfare 
 of a people fo faithful, is to us a fupreme law, which 
 ought to be preferred to any other consideration. It 
 is to this law that we this day facrifice the right of a 
 grandibn who is fo dear to us, and by the price which 
 the general peace will coft our tender love, we fhall 
 at leaft have the comfort of fhewing our fubjects, that, 
 even at the expence of our blood, they v/ill always keep 
 the firft place in our heart. 
 
 For thefe caufes, and other important confiderations 
 us thereunto moving, after having feen in our council 
 the faid act of renunciation of die King of Spain, our 
 faid brother and grandfon, of the fifth of November 
 laft, as alfo the acts of renunciation which our faid 
 grandibn the Duke of Berry, and our faid nephew 
 the Duke of Orleans, made reciprocally of their rights 
 to the crown of Spain, as well for themfelves as for 
 their defcendants, male and female, in confequence of 
 the renunciation of our faid brother and grandfon the 
 King of Spain, the whole hereunto annexed, with a 
 copy collated of the faid letters patents of the month 
 of December, 1700, under the counter-feal of. our 
 chancery, of our fpecial grace, full power, and Royal 
 authority, we have declared, decreed, and ordained, 
 and by thefe prefents, figned with our hand, we do: 
 declare, decree, and ordain, we will, and it is our 
 pleaiure, that the faid act of renunciation of our faid 
 brother and grandfon the King of Spain, and thofe of 
 our faid grandfon the Duke of Berry, and .of our faid 
 nephew the Duke of Orleans, which we have admitted, 
 and do admit, be regiftered in all our courts of par- 
 liament, and chambers of our accounts in our king- 
 dom, and other places where it fhall be necefiary, m 
 order to their being executed according to their form 
 and tenor. And confequently, we will and intend, 
 that our faid letters patents of the month of December, 
 1700, be and remain null, and as if they had never 
 been made, that they be brought back to us, and that. 
 " V in
 
 350 TREATIES 
 
 in the margin of the regifters of our faid court of par- 
 liament, and ot our laid chamber of accounts, when 1 
 the enrolment of the laid letters patents is, the extract 
 of thefe prelents be placed and inferted, the better to 
 fignify our intention as to the revocation and nullity of 
 the faid letters. We will,, that in conformity to th 
 act of renunciation of our faid brother and grandibn the 
 King of Spain, he be from henceforth looked upon 
 and copfidered as excluded from our fucceflion, that 
 his heirs, lucccfiors, and defcendants be likewife ex- 
 cluded for ever, and looked upon as incapable of en- 
 joying the lame. We undcrltand that in failure of 
 them, all rights r<> our laid crown, and fucceflion to 
 our dominions, which mu'ht ar any time whatil. 
 belong and appertain to them, be and re-main rranf 
 fin-red to our moft dear and m< >ft beloved grandlon the 
 Duke of Berry, and to his children and delcemiants, 
 being males born in lawf ii marriage; and lucceffivcly, 
 in failure of them, to thole of the Princes of our Royal 
 Houie, and dieir dcfcendants, who in right of their 
 birth, or by the order eitablifhed lince die foun ' 
 of our monarchy, ought to fucceed to our crown. 
 Anil fo we command our beloved and trufty counfel- 
 tors, the members of our court of parliament at 
 Paris, that they do caufe thefe prelents, together with 
 the acts of renunciation made by our faid brother and 
 grandfon the King of Spain, by our laid grandfon 
 the Duke of Berry, and by our faid nephew the 
 Duke of Orleans, to be read, publilhed, and regif- 
 tered, and the contents thereof to be kept, obferved, 
 and executed, according to their form and tenor, fully, 
 peaceably, and perpetually, ceaftng, and caufing to 
 ceafe, all molcilations and hindcrances, notwi^hftapding 
 any laws, ilatutes, ufages, cultoms, dea-ecs, regula- 
 tions, and orficr- matters contrary thereunto; whereto, 
 and to the derogations of the derogations therein con- 
 tained, we have derogated, and do derogate by thefe 
 prefents, for this purpofe only, and without being 
 brought into precedent. For fuch is our pleaiure. 
 
 And
 
 1787.] WITH FRANCE. 351 
 
 And to the end that this may be a matter firm and 
 lading for ever, we have caufed our feal to be affixed 
 to theie prefents. Given at Verfailles, in the month 
 of March, in the year of our Lord 1713, and of our 
 reign the feventieth. Signed, LEWIS; and under- 
 neath, By the King, Pbelypeaux. Vifa Phelypeattx. 
 And fealed with the great leal on green wax, with 
 firings of red and green filk. 
 
 Read and publifhed, the court being afiembled, and 
 regiftered among the rolls of the court, the King's 
 attorney -general being heard, and moving for the 
 fame, to the end that they may be executed ac- 
 cording to their form and tenor, in purfuance of, 
 and in conformity to the acts of this day. At 
 Paris, in parliament, the I5th ofi March, 1713. 
 
 (Signed) Dongois. 
 
 The KIN G. 
 
 WHEREAS-, on the 5th of November, in this 
 prefent year 1712, before Don Manuel of Vadillo 
 and Velafco, my fecretary of ftate, and chief notary 
 of the kingdoms of Cailiile and Leon, and witnefles, 
 I delivered, iwore to, and figned a public inftrument 
 of the tenor following, which is word for word as here 
 enfues : 
 
 ' D. Philip, by the grace of God, King of Caftille, 
 Leon, Arragon, the Two Sicilies, Jerufalem, Navarre, 
 Granada, Toledo, Valentia, Galicia, Majorca, Se- 
 ville, Sardinia, Corduba, Corfica,. Murcia, Jaen, the 
 Algarves, Algezira, Gibraltar, the Canary Iflands, the 
 Eait and Well Indies, the I Hands and Terra Firma of 
 the ocean, Archduke of Auftria, Duke of Burgundy, 
 Brabant, and Milan, Count of Habfpurg, Flanders, 
 Tirol, and Barcelona, Lord of Bifcay, and Molina, 
 &c. By the account and information of this inftru- 
 ment and writing of renunciation and relinquifhment, 
 and that it may remain for a perpetual remembrance, 
 
 I do
 
 352. TREATIES [1259 
 
 I do make known and declare to Kings, Princes, Po- 
 tentates, Commonwealths, Communities, and particu- 
 lar perfons, which now are, and (hall be in future ages; 
 That ic being one of the principal pofitions of the trea- 
 ties of peace depending between the crowns of Spain 
 and of France, with that of England, for the rendering 
 it firm and lading, and proceeding to a general one, 
 on the maxim of lecuring for ever the univerfal good 
 and quiet of Europe, by an equal weight of power, 
 fo that many being united in one, the balance of the 
 equality defired might not turn to die advantage of one, 
 and the danger and hazard of the reftj it was propofed 
 and infifted on by England, and it was agreed to on 
 my part, and on that of die King my grandfather, 
 that for avoiding at any time whatever the union of 
 this monarchy with that of France, and the poflibility 
 that it might happen in any cafe, reciprocal renuncia- 
 tions fhould be made by me, and for, all my defcend- 
 ants, to the poflibily of fucceeding to the monarchy of 
 France, and on the part of thofe Princes, and of all 
 their race, prefent and to come, to that of fucceeding 
 to this monarchy j by forming a proper project of ab- 
 dication of all rights which might be claimed by the 
 two Royal houfes of this and of that monarchy, as to 
 their fucceeding mutually to each other ; by feparating, 
 by the legal means of my renunciation, my branch 
 from the Royal Item of France, and all the branches 
 of France from the ftem of the blood-royal of Spain; 
 by taking care at the fame time, in pursuance of the 
 fundamental and perpetual maxim of the balance of 
 power in Europe, which pcrfuades and juftifies the 
 avoiding, in all cafes imaginable, the union of the 
 monarchy of France with that of Spain, that the in- 
 convenience Ihould likewife be provided againft, left, 
 in default of my ifliie, the cafe fhould happen that this 
 monarchy fhould devolve again to the Houfe of Auf- 
 tria, whofe dominions and dependencies, even without 
 the union of die Empire, would make it formidable; 
 a motive which at other times made it juftifiable to fe- 
 
 parate
 
 1787/1 WJTH FRANCE. 
 
 parate the hereditary dominions of the Houfe of Auf- 
 tria from the body of the Spanifh monarchy; it being 
 agreed and fettled to this end by England with me, and 
 with the King my grandfather, that in failure of me, 
 and of my ifiue, the Duke of Savoy, and his fons and 
 defcendants, being males, born in conftant lawful 
 marriage, are to enter upon the fucceffion of this mo- 
 narchy i and in default of his male line, the Prince 
 Amadeo of Carignan, and his fons and defcendants, 
 being males, born in conftant lawful marriage; and in 
 default of his line, Prince Thomas, brother of the 
 Prince of Carignan, his fons and defcendants, being 
 males, born in conftant lawful marriage, who, as de- 
 fcendants of the Infanta Donna Catharina, daughter 
 of Philip the Second, and being exprefsly called, have 
 a clear and known right, fuppofing the friendlhip and 
 perpetual alliance which the Duke of Savoy, and his 
 defcendants, are to folicit and obtain from this crown ; 
 it being to be believed, that by this perpetual and 
 never-ceafmg hope, the needle of the balance may 
 remain invariable, and all the Powers, weaned with 
 the toil and uncertainty of battles, may be amicably 
 kept in an equal poife ; it not remaining in the difpofai 
 of any of the parties to alter this federal equilibrium 
 by way of any contract of renunciation, or retrocef- 
 fion, fince the fame reafon which induced its being 
 admitted, demonftrates its permanency, a fundamental 
 conftitution being formed, which may fettle by an un- 
 alterable law the fucceflion of what is to come. In 
 confequence of what is above faid, and for the love I 
 bear to the Spaniards, and from the knowledge I have 
 of what I owe to them, and the repeated experience 
 of their fidelity, and for making a return to Divine 
 Providence, by this refignation to its deftiny, for the 
 great benefit of having placed and maintained me on 
 the throne, among fuch illuftrious and well-deferving 
 vaffals, I have determined to abdicate, for myfelf, and 
 all my defcendants, the right of fucceeding to the 
 rown of France, defiring not to depart from living 
 VOL. L A a aod
 
 ;j{4 T'R E A T I E S 
 
 and dying with my beloved and faithful Spaniards; 
 leaving to all my defcendants the infeparable bond of 
 their fidelity and love. And to the end that this refo- 
 lution may have its due effect, and that the matter 
 may ceafe which has been looked upon as one of the 
 principal motives of the war which has hitherto af- 
 flicted Europe, of my own motion, free, fpontaneous, 
 and unconftrained will, I Don Philip, by the grace 
 of God, King of Caftille, Leon, Arragon, the Two 
 Sicilies, Jerufalem, Navarre, Granada, Toledo, Valen- 
 cia, Galicia, Majorca, Seville, Sardinia,Corduba,Corfica, 
 Murcia, Jaen, the Algarves, Algezira, Gibraltar, the 
 Canary Iflands, die Eaft and Weft Indies, the Iflands 
 and Terra Firma of the ocean, Archduke of Auftria, 
 Duke of Burgundy, Brabant, and Milan, Count of 
 Hablpurg, Flanders, Tirol, and Barcelona, Lord of 
 Bifcay and Molina, &c. do by this prefent inftrument, 
 , for myfelf, for my heirs and fucceflbrs, renounce, quit, 
 and relinquifh, for ever and ever, all pretenfions, rights, 
 and tides, which I have, or any defcendant of mine 
 hath at prefent, or may have at any rime to come, to 
 the fucceflion of the crown of France; and I declare, 
 and hold myfelf for excluded and feparated, me and 
 my fons, heirs, and defcendants for ever, for excluded 
 and difabled abfolutely, and without limitation, dif- 
 ference, and diftinftion of perfons, degrees, fexes, and 
 times, from the aft and right of fucceeding to the 
 crown of France. And I will and confent, for myfelf 
 and my faid defcendanrs, that now, as well as then, it 
 may be taken to he pafied over and transferred to him, 
 who by mine and their being excluded, difabled, and in- 
 capacitated, fhall be found next and immediate in de- 
 gree to the King by whofe death it fhall become vacant: 
 and the fucceflion to the faid crown of France is ac 
 
 anytime, and in any cafe, to be fettled on and given to 
 him, to have and to hold the fame as true and lawful 
 
 - iuccefibr, in the fame manner as if I and my defcend- 
 ants had not been born, or been in the world i fince 
 for fuch are we to be held and efteemed, becaufe in 
 my perfon, and in that of my defcendants, there as no 
 
 confideration
 
 1787.] WITH FRANC E. 355 
 
 confideration to be had, or foundation to be made of 
 aftive or pafilve reprefentation, beginning, or conti- 
 nuation of lineage effective, or contentive of fubftance, 
 blood, or quality, nor can the defcent or computation 
 of degrees of thofe perfons be derived from the moil 
 Chriftian King, my lord and grandfather, nor from 
 the Dauphin, my father, nor from the glorious Kings 
 their progenitors; nor by any other means can they 
 come into the fucceflion, nor take pofTefiion of thje 
 degree of proximity, and exclude from it the perfon 
 who, as is abovefaid, ihall be found next in degree. 
 I will and ronfent for myfelf, and for my defcendants, 
 that from this time, as well as then, this right be looked 
 upon and confidered as paffed over and transferred to 
 the Duke of Berry, my brother, and to his fons and 
 defcendants, being males, born in conftant lawful 
 marriage; and in default of his male iffue, to the Duke 
 of Orleans, my uncle, and to his fons and defcend- 
 ants, being males, born in conftant lawful marriage i 
 and in default of his iflue, to the Duke of Bourbon, 
 my coufin, and to his fons and defcendants, being males, 
 born in conftant lawful marriage; and in like manner 
 fucceflively to all the Princes of the blood of France, 
 their fons and defcendants, being males, for ever and 
 ever, according to the place and order in which they 
 Ihall be called to the crown by right of their birth; 
 and confequentjy to that perfon among the faid Princes, 
 who (I and all my faid defcendants being, as is above- 
 faid, excluded, difabled, and incapacitated) fhall be found 
 the neareft in immediate degree after that King by 
 whofe death the vacancy of the crown of France fhal! 
 happen, and to whom the fucceflion ought to belong 
 at any time, and in any cafe whatfoever, that he may 
 poiTefs the fame as true and lawful fucceflbr, in the 
 fame manner as if I and my defcendants had not been 
 born. And for the greater ftrength of this act of ab- 
 .dication of ail the rights and titles which appertained 
 .to me, and to all my fons and defcendants, of fuc- 
 ceeding to. the aforefaid crown of France, I depart 
 A a 2 from
 
 TREATIES [1259 
 
 from and relinquifh efpecially that which might more- 
 over accrue to the rights of birth from the letters pa- 
 tents, or inftrument, whereby the King my grand- 
 father preferred and referred to me, and enabled me 
 to enjoy the right of fuccefiion to the crown of France, 
 which inftrument was difpatched at Verfailles in the 
 month of December, in the year 1 700, and pafied, 
 and approved, and regiftered by the Parliament. I 
 will that it cannot ferve me for a foundation to the 
 purpofes therein provided for, and I reject and renounce 
 it, and hold it for null, void, and of no force, and for 
 cancelled, and as if no fuch inftrument had ever been 
 executed. I promife and oblige myfelf, on the faith 
 of a King's word, that as much as fhall relate to my 
 part, and that of my fons and defendants, which are 
 and fhall be, I will take care of the obfervation and 
 accomplifhment of this writing, without permitting or 
 confenting that any thing be done contrary thereunto, 
 directly or indirectly, in the whole, or in partj and I 
 relinquifh and depart from all and all manner of reme- 
 dies, known or unknown, ordinary or extraordinary, 
 and which by common right, or fpecial privilege, 
 might belong to us, to me, and to my fons and de- 
 fcendants, to reclaim, mention, or alledge againfl what 
 is abovefaid; and I renounce them all, and efpecially 
 that of evident prejudice, enormous, and moft enor- 
 mous, which may be reckoned to have happened in 
 this relinquifhment and renunciation of the right of 
 being able at any time to fucceed to the crown afore- 
 mentioned. I will that none of the faid remedies, 
 nor others, of whatsoever name, ufe, importance, and 
 quality they may be, do avail us, or can avail us. 
 And if in fact, or under any colour, we fhould endea- 
 vour to feize the faid kingdom by force of arms, by 
 making or moving war, offenfive or defenfive, from 
 this time for ever, that is to be held, judged, and de- 
 clared, for an unlawful, unjuft, and wrongfully un- 
 dertaken war, and for violence, invafion, and ufurp- 
 ation, done againft reafon and confcience ; -and on the 
 3 contrary,
 
 1787.] WTTH FRANCE. 357 
 
 contrary, that is to be judged and efteemed a juft, 
 lawful, and allowed war, which fhall be made or moved 
 in behalf of him who, by the exclufion of me, and of my 
 laid fons and defendants, ought to fucceed to the tid 
 crown of France, to whom the fubjects and natives 
 thereof are to apply themfelves, and to obey him, to take 
 and perform the oath and homage of fealty, and to 
 ferve him as their lawful king and lord. And the relin- 
 quifhment and renunciation, for me, and my faid fons 
 and defcendants, is to be firm, ftable, valid, and ir- 
 revocable perpetually, for ever and ever. And I de- 
 clare and promife, that I have not made, neither will I 
 make, any proteftation or reclaiming, in public or 
 in fecret, to the contrary, which may hinder or di- 
 minifti the force of what is contained in this writing; 
 and that if I fhould make it, although it be fworn to, 
 it is not to be valid, neither can it have any force - t 
 and for the greater ftrength and fecurity of what is 
 contained in this renunciation, and of what is faid and 
 promifed on my part therein, I give again the pledge 
 of my faith and Royal word, and I fwear folemnly by 
 the Gofpels contained in this MifTal, upon which I lay 
 my right hand, that I will obferve, maintain, and ac- 
 complifh this act and inftrument of renunciation, as 
 well for myfelf as for all my fuccefibrs, heirs, and 
 defcendants, in all the claufes therein contained, ac- 
 ^ording to the moft natural, literal, and plain fenle 
 and conftruction; and that I have not fought, neither 
 will I feek, any difpenfation from this oath; and if it 
 fhall be fought for by any particular perfon, or fhall be 
 granted motu proprio y I will not ufe jt, nor take any 
 advantage of it. Nay, in fuch cafe as that it fhould 
 be granted me, I make another the like oath, that 
 there may always be and remain one oath above and 
 beyond all diipenfations w r hich may be granted me. 
 And I deliver this writing before the prefent fecre- 
 itary, notary of this my kingdom, and I have figned 
 it, and commanded it to be fealed with my Royal leal; 
 jhere being provided and called as witnerTes, the Car- 
 A a 3 dinal
 
 35$ TREATIES [1259 
 
 dinal Don Francifco de Judice, Inquifitor General, 
 and Archbilhop of Montreal, one or my Council of 
 State ; Don Jofeph Fernandez, of Velafco and Tobar, 
 Conftable of Caftille, Duke of Frias, Gentleman of 
 my Chamber, my High Steward of my Houfhcld, 
 great Cup-bearer, and great Huntfmari) Don Juan 
 Claros Alfonfo Perez de Gufman el Bueno, Duke uf 
 Medina Sidonia, Knight of the Order Of the Holy 
 Ghoft, my great M after of the Horfe, Gentleman of 
 my Chamber, and one of my Council of State; Don 
 Francifco Andres de Benavides, Count of Santiflevan, 
 one of my Council of State, and High Steward to the 
 Queen; Don Carlos Homodei Laco de la Vrga, 
 Marquis of Almonacir, and Ccunt of Cafa Palma, 
 Gentleman of my Chamber, one of my Council of 
 State, and Great Mafter of the Horfe to the Queen; 
 Don Reftayno Cantelmo, Duke of Popoli, Knight of 
 the Order of the Holy Ghoft, Gentleman of my 
 Chamber, and Captain of my Italian Life Guards; 
 Don Fernando of Arragon and Moncada, Duke of 
 Montalto, Marquis of los Velez, Commander of Silla 
 and Benaful in the Order of Montefla, Gentleman of 
 my Chamber,' and one of my Council of State; Don 
 Antonio Scbaftian de Toledo, Marquis of Mnnfera, 
 Gentleman of my Chamber, one of my Council of 
 State, and Prefident of that of Italy; Don Juan Do- 
 mingo, of Haro and Guzman, great Commander in 
 the Order of St. James, one of my Council of State; 
 Don Joachim Ponce de Leon, Duke of Arcos, Gen- 
 tleman of my Chamber, great Commander in the 
 Order of Calatrava, one of my Council of State; Don 
 Domingo de Giudice, Duke of Giovenazzo, one of 
 m/ Council of State; Don Manuel Coloma, Marquis 
 of Canales, Gentleman of my Chamber, one of my 
 Council of State, and Captain General of the Artil- 
 lery of Spain ; Don Jofeph de Solis, Duke of Mon- 
 tellano, one of my Council of State; Don Rodrigo 
 Manuel Manriqvie de Lara, Count of Frigiliana, Gen- 
 tleman of my Chamber, one of my Council of Staws 
 
 and
 
 1787-] WITH FRANCE. 
 
 and Prefident of that of the Indies? Don Ifidro de la 
 Cueva, Marquis of Bedmar, Knight of the Order of 
 the Holy Ghoft, Gentleman of my Chamber, one' of 
 my Council of State, Prefident of that of the Orders, 
 and firft Minifter of War; Don Francifco Ronquillo 
 Briceno, Count of Gramedo, Governor of my Coun- 
 cil of Callille ; Don Lorenzo Armangual, Bifliop of 
 Gironda, one of my Council and Chamber of Caf- 
 tille, and Governor of that of the Revenues; Don 
 Carlos de Borja and Centellas, Patriarch of the In- 
 dies, one of my Council of the Orders, my Chaplain 
 and Great Almoner, and Vicar General of my Armies ; 
 Don Martin de Guzman, Marquis of Montealegre, 
 Gentleman of my Chamber, and Captain of my Guard 
 of Halberdiers; Don Pedro de Toledo Sarmientc, 
 Count of Gondomar, one of my Council and Cham- 
 ber of Caflille; Don Francifco Rodrigues de Menda- 
 rofqueta, Commififary General of the Cruzada; and 
 Don Melchior de Avellaneda, Marquis of ValdecanaSj 
 one of my Council of War, and Director General of 
 the Infantry of Spain. 
 
 I the KING. 
 
 I Don Manuel of Vadillo and Velafco, Knight of 
 the Order of Saint James, and Commander of Bo- 
 fuelo in that of Calatrava, Secretary of State to his 
 Majefty, Public Notary, and Writer, in his kingdoms 
 and dominions, who was prefent at the delivery, and 
 at all the reft herein above contained, do teftify the 
 fame : and in witnefs of the truth I have figned it, and 
 put my name thereto, in Madrid, the fifth of Novem- 
 ber, 1712. Manuel Vadillo y Velajco. 
 
 Now in regard to the federal conventions, whereof 
 mention is made in the (aid inftrument here inferted, 
 and to the end it may appear authentically to all the 
 parties where it appertains, and who may pretend to 
 make ufe of the contents thereof; and for all the effects 
 which may take place in right, and which may be de*- 
 A a 4 rived
 
 360 TREATIES [1259 
 
 rived from the delivery hereof, under the claufes, con- 
 ditions, and fuppofitions therein contained, I have 
 commanded thefe prefents to be made out, figned with 
 my hand, and fealed with the feal of my Royal arms, 
 and counterfigned by my underwritten Secretary of 
 State, and Chief Notary of thefe my kingdoms, at 
 Buen Retire, thefeventh of November, 1712. 
 
 (L.S.) I the KING. 
 Manuel de Vadilk y Velajco. 
 
 Read and publifhed, the court being aflembled, and 
 regiftcred in the rolls of the court, the King's 
 advocate general being heard, and moving for the 
 fame, to the end that it may be executed accord- 
 ing to the form and tenor thereof, in purfuance 
 of, and in conformity to the acts of this day. 
 At Paris, in parliament, the I5th of March, 
 
 (Signed) Doxgois. 
 
 I Don Francifco Antonio le Quincoces, Knight of 
 the Order of St. James, one of his Majefty's Council, 
 tnd Secretary of that of the Chamber, and of State 
 of Caftillc, Public Notary and Writer in his kingdoms 
 and dominions, 
 
 Do certify, that in purfuance of the propofition 
 which the King our Lord (whom God preferve) made 
 to the kingdom aflembled in Cortes, reprefented by 
 all the knights deputies from the cities and towns 
 which have a vote therein, the fifth day of this prefent 
 month and year, in his Royal palace of Buen Retire, 
 and upon fight of the inftrument of renunciation, de- 
 livered by his Majefty the fame day, month, and year, 
 before Don Manuel of Vadillo and Velafco, his Secre- 
 tary of State, and Public Notary and Writer in all his 
 kingdoms and dominions, which his Majefty ore 
 him to prefent, and which was read and publilhed in 
 the meeting of the Cortes, which the kingdom held 
 
 for
 
 1787.] WITH FRANCE. 361 
 
 for this alone, the ninth of this month, the following 
 refolution was agreed upon : 
 
 That the moft humble reprefentation be made by 
 the kingdom, laying ourfelves at, the Royal feet of his 
 Majefty, giving him immortal thanks for the immenfe 
 benefits, and exceeding great favours, wherewith he has 
 been pleafed to honour and exalt the Spanifh nation, by 
 taking care of the greateft good and advantage of his 
 moft loving vaflals, by procuring to this monarchy 
 the eafe of this defired peace and tranquillity. And 
 that the kingdom, defiring on their part to contribute 
 to the attaining the Royal intention of his Majefty, 
 aflents to, and if it were necefTary for the greater au- 
 thority, validity, and ftrength, approves and confirms 
 the renunciation which his Majefty is pleafed to make 
 for himfelf, and in the name of all his Royal defcend- 
 ants, to the fucceflion which pofiibly may happen of 
 the monarchy of France, with this circumftance, that 
 the like renunciation to this crown is to be exe- 
 cuted by the Princes of that Royal family, and their 
 defcendants: and likewife the perpetual exclufion of 
 the Houfe of Auftria from the dominions of this mo- 
 narchy j and in like manner, in cafe of failure (which 
 God forbid) of the Royal ifTue of his Majefty, the 
 calling of the Houfe of the Duke of Savoy, and of 
 all his fons, and male defcendants, born in conftant: 
 lawful matrimony; and in default of all thefe lines, of 
 the Prince Amadeus of Carignan, his fons, and male 
 defcendants, born in conftant lawful matrimony ; and 
 in failure thereof, of the Prince Thomas, brother of the 
 faid Prince of Carignan, his fons, and male defcend- 
 ants, born in conftant lawful matrimony, who as de- 
 fcendants of the Infanta Donna Catharina, daughter 
 of Philip the Second, and being exprefsly called, have 
 a clear and known right, fuppofmg the friendfhip and 
 perpetual alliance with this crown, which ought to be 
 fought and obtained by the Duke of Savoy, and his 
 defcendants. And that the kingdom approves, agrees 
 to, and ratifies all thefe three things, and each of 
 
 them,
 
 3 64 TREATIES [1259 
 
 them, with the fame qualities, conditions, and fuppo- 
 fitions, as are exprefled, inferred, and concluded in 
 the faid inftrument of renunciation executed by his 
 Majefty, which has been mentioned and referred to. 
 And laftly, that for fecuring and eftablifhing the 
 ftrength of thefe treaties, theie kingdoms oblige them- 
 felves, with all their power and force, to caufe to be 
 maintained the Royal refolutions of his Majefty, fa- 
 crificing in his Royal fervice, even to the laft drop of 
 their blood, offering to his Majefty their lives and for- 
 tunes in token of their love. And that for the eternal 
 remembrance and obfervance of the Royal deliberation 
 of his Majefty, and agreement of the kingdom, it be 
 defired in their name (as in effect they have defired and 
 petitioned by their reprefentation and confultation made 
 the fame ninth day of this month) that his Majefty 
 would be pleafed to order, that by annulling all that 
 fhall be found to the contrary, it be eftabliihed as a 
 fundamental law, as well the aforefaid renunciations, 
 as the perpetual exclufion of the Houfe of Auftria 
 from the dominions of this crown, and the calling of 
 that of Savoy to the fuccefTion of thefe kingdoms, in 
 default (which God forbid) of defendants from his 
 Majefty; which the kingdom, with the approbation 
 of his Majefty, does even now agree to, as the foun- 
 dation whereon depends the greateft good and advan- 
 tage of this monarchy, fo much purfued, favoured, 
 and exalted by the Royal benevolence of his Ma- 
 jefty. 
 
 And the King our lord, having agreed to this una- 
 nimous and uniform rcfolution and reprefentation of 
 all the knights deputies in the* Cortes of the king- 
 dom, he has been pleafed, by his Royal decree of the 
 feventeenth of this month, to command it to be re- 
 mitted to his fupreme council, jointly with the writing 
 of renunciation, ordaining that the tenor of the law 
 be forthwith formed, extended, and difpofed, with all 
 the circumftances of clearness and ftrength, for it* 
 more inviolable and perpetual obfervation.. 
 
 As
 
 1787.] WITH FRANCE. 365 
 
 As all that is abovefaid does more largely appear 
 from the aforementioned inftruments, the refolution, 
 and fupplication of the kingdom, which are cited, and 
 to which I refer. And this certificate, figned with my 
 hand, fealed with the feal of the Royal arms of his 
 Majefty, I give by virtue of his Royal order, in the 
 paper of the Marquis of Mejorada and of Brena, one 
 of his Council, Gentleman of his Chamber, his Se- 
 cretary of State, and of the univerfal difpatch. At 
 Madrid, the ninth of November, 1712. 
 
 (L. S.) Den Francifco de Quincoces. 
 
 CHARLES, fon of France, Duke of Berry, 
 Alenfon, and Angoulefme, vVifcount of Vernon, An- 
 dely, and Gifors, Lord of the Chatellenies of Coig- 
 nac and Merpins; to all Kings, Princes, Common- 
 wealths, Communities, and to all other bodies, and pri- 
 vate perfons, prefent and to come, be it known. All 
 the Powers of Europe finding themfelves almoft ruined 
 on account of the prefent wars, which have carried 
 defolation to the frontiers, and into many other parts 
 of the richeft monarchies, and other dominions, it has 
 been agreed, in the conferences and treaties of peace 
 which are negotiating with Great Britain, to eftablifh 
 an equilibrium, and 'political boundaries between the 
 kingdoms, whereof the interefts have been, and are 
 ftill, the fad occafion of a bloody difpute j and to hold 
 it for a fundamental maxim, in order to preferve this 
 peace, that provifion ought to be made that the forces 
 of thefe kingdoms may not become formidable, nor 
 be able to caufe any jealoufy, which, it has been 
 thought, cannot be fettled more folidly, than by hin- 
 dering them from extending themfelves, and by keep- 
 ing a certain proportion, to the end that the weaker 
 being united together may defend themfelves againft the 
 more powerful, and fupport themfeives reflectively 
 againft their equals. 
 
 For this purpofe the King, our moft honoured lord 
 and grandfather, and the King of Spain, our moft dear 
 brother, have agreed and concluded with the Queen of 
 
 Great
 
 364 TREATIES [1:59 
 
 Great Britain, that reciprocal renunciations fhall be 
 made by all the Princes, both prefent and to come, of 
 the crown of France, and of that of Spain, of all 
 rights which may appertain to each of them, to the 
 fucceflion of the one or of the other kingdom, by 
 cftablifhing an habitual right to the fucceflion to the 
 crown of Spain, in that line which fhall be made ca- 
 pable thereof, and declared immediate after that of 
 King Philip the Fifth our brother, by the Eftates of 
 Spain, who were to aflcmble for this purpofe; by 
 making an immoveable balance to maintain the equi- 
 librium, which is intended to be placed in Kurope, and 
 by going on to particularifc all the cafes of union which 
 are forefeen, to ferve as a. ^example for all fuch as may 
 happen. It has likewife been agreed and concluded 
 between the King our moft honoured lord and grand- 
 father, King Philip the Fifth, our brother, and the 
 Queen of Great Britain, that the faid King Philip 
 fhall renounce for himfelf, and for all his defcendants, 
 the hopes of fucceeding to the crown of France ; that 
 on our fide we fhall renounce in like manner, for us, 
 and for our defcendants, the crown of Spain ; that 
 the Duke of Orleans, our molt dear uncle, fhall do 
 the fame thing: fo that all the lines of France and of 
 Spain, refpectively and relatively,, mall be excluded for 
 ever, and by all kind of ways, from all the right which 
 the lines of France might have to the crown of Spain, 
 and the lines of Spain to the crown of France : and 
 laflly, that care fhall be taken, that under pretence of 
 the faid renunciations, or under any other pretence 
 whatsoever, the Houlc of Auftria may not make ufe 
 of the pretenfions which it might have to the fuccef- 
 fion of the monarchy of Spain j forafmuch as by 
 uniting this monarchy to the hereditary countries and 
 dominions of that Houfe, it would become formidable, 
 even without the union of the Empire, to the other 
 Powers, which are between both, and which would find 
 themfelves as it were furroundedi which would deftroy 
 the equality that is eftablifhing at prefent, to fccure 
 
 and
 
 1787.] WITH FRANCfe. 365 
 
 and ftrengthen more perfectly the peace of Chriften- 
 dom, and to take away all manner of jealoufy from 
 the Powers of the North and of the Weft, which is the 
 end that is propofed by this political equilibrium, by 
 removing and excluding all thefe branches, and calling 
 to the crown of Spain, in default of the lines of King 
 Philip the Fifth, our brother, and of all his children 
 and defendants, the Houfe of the Duke of Savoy, 
 which defcends from the Infanta Catharina, daughter 
 of Philip the Second ; it having been confidered, that 
 in making the laid Houfe of Savoy fucceed immedi- 
 ately in this manner, this equality and balance between 
 the three Powers may be fixed as it were in its centre, 
 without which it would be impofiible to extinguifh the 
 flame of war which has been kindled, and is capable or 
 deftroying every thing. 
 
 Being willing therefore to concur by our relinquifhi 
 ment, and by the abdication of all our rights, for us, our 
 fucceflbrs and defcendants, to the eftablilhing of the 
 imiverfal repofe, and the fecuring the peace of Europe, 
 becaufe we believe that this method is the fureil and 
 moil effectual in the terrible circumftances of this con* 
 juncture, we have refolved to renounce the hopes of 
 fucceeding to the crown of Spain, and all the rights 
 thereunto, which belong to us, and may belong to us> 
 under any title, and by any means whatfoever. And 
 to the end that this refolution may have its full effecl, 
 and alfo by reafon that King Philip the Fifth, our 
 brother, did on his part, the fifth of this prefent month 
 of November, make his renunciation of the crown of 
 France, we of our mere, free, and frank will, and 
 without being moved thereunto by any refpeclful awe, 
 or by any other regard, except thofe above-mentioned, 
 do declare, and hold ourfelves from this prefent, we, 
 our children, and defcendants, excluded and difabled 
 abfolutely for ever, without limitation or diftin<5Hon 
 of perfons, degrees, or fexes, from every aft, and from 
 all right of fucceeding to the crown of Spain. - We 
 will and content, for us, our faid children, and de- 
 fcendants,
 
 366 T R E A TIES [1259 
 
 fcendants, that from this time, and for ever, we and 
 they, in confequence of thefe prefents, be held to be 
 excluded and difabled, in like manner as all the other 
 defendants of the Houfe of Auftria, who, as it has been 
 faid and fuppofed, ought alfo to be excluded, in what- 
 ever degree we may be, both the one and the other ; 
 and if the fucceflion falls to us, our line, that of all our 
 defendants, and all the others of the Houfe of Auftria, 
 as it has been faid, ought to be feparated and excluded 
 therefrom. That for this reafon the kingdom of Spain 
 be accounted as devolved and transferred to him, to 
 whom in fuch cafe the fuccefiion ought to devolve and 
 be transferred at any time whatfoever, fo that we do 
 take and hold him for true and lawful fucceflbr, be- 
 caufe for the fame reafons and motives, and in confe- 
 quence of thefe prefents, neither we, nor our defcend- 
 ants, ought any more to be confidered as having any 
 foundation of reprefentation, aftive or paflive, or mak- 
 ing any continuation of line effe&ive, or contentive of 
 fubftance, blood or quality, or likewife to derive any 
 right from our dcfcent, or to reckon our degrees fiom 
 the pcrfons of the Queen Maria Therefa of Auftria, 
 oar moft honoured lady and grandmother, of the 
 Queen Anne of Auftria, our molt honoured lady and 
 great-grandmother, or of the glorious Kings their an- 
 ceftorsi on the contrary, we ratify the claufes of their 
 wills, and the renunciations made by the faid ladies, 
 our grandmother and great-grandmother ; we renounce 
 likewife the right which may belong to us, and to our 
 children and defcendants, by virtue of the will of 
 King Charles die Second, which, notwithftanding 
 what is above-mentioned, calls us to the fuccefiion of 
 the crown of Spain, in cafe of failure of the line of 
 Philip the Fifth. We therefore relinquifh this right, 
 and renounce the fame, for us, our children, and de- 
 fcendants ; we promife and engage, for us, our laid 
 children and defcendants, to employ ourfelves with 
 all our might in caufmg this prefent ad to be fulfilled, 
 without allowing or fuffcring that the fame be violated, 
 
 direftly
 
 1787*] w i T H F RAN C E. 367 
 
 directly or indirectly, in the whole or in part/ and we 
 relinquilh all means, ordinary or extraordinary, which 
 by common right, or by any fpecial privilege, might 
 belong to us, our children, and defendants ; which 
 means we likewife renounce abfolutely and particularly, 
 that of evident, enormous, and moft enormous pre- 
 judice, which may be found in the faid renunciation 
 of the fucceffion to the crown of Spain. And we 
 will, that none of the faid means may or can have 
 any effect, and that if, under this pretext, or any other 
 colour, we would poflefs ourfelves of the faid king- 
 dom by force of arms, the war which we fhould make, 
 or flir up, be deemed unjuft, unlawful, and unduly 
 undertaken. And on the contrary, that the war which 
 he fhould make upon us, who by virtue of this re- 
 nunciation fhould have right to fucceed to the crown 
 of Spain, be deemed juft and allowable. And that all 
 the fubjects and people of Spain do acknowledge him, 
 obey him, defend him, do him homage, and fwear 
 fealty to him, as to their King and lawful lord. 
 
 And for the greater fecurity of all that we fay and 
 promife for ourfelves, and in the name of our children 
 and defcendants, we Iwear folemnly on the Gofpels 
 contained in this MilTal, upon which we lay our right 
 hand, that we will keep, maintain, and fulfil the fame 
 in all and every part thereof; that we will never afk 
 to be relieved from the fame, and if any one do afk it 
 for us, or if it be granted us motu froprioy we will not 
 make ufe or take advantage of it. But rather, in 
 cafe it fhould be granted us, we over and above make 
 this other oath, and this fliall fubfift and remain for 
 ever, whatever diipenfations may be granted us. We 
 fwear and promife likewife, that we have not made, 
 neither will we make, in public or in fecret, any pro- 
 teftation or reclamation to the contrary, which may 
 hinder what is contained in thefe prefents, or leffen the 
 force thereof; and if we fhould make any, whatever 
 oaths they may be accompanied with,, they fhall not 
 have any force or virtue, or produce any effect, 
 
 In
 
 368 TREATIES [1259 
 
 In witnefs whereof, and to render thefe prefents au- 
 thentic, they have been parted before mafters Alexander 
 le Fevre, and Anthony le Moyne, counfellors to the 
 King, notaries, minute-keepers to his Majefty, and 
 feal-keepers in the Chatelet of Paris, here-under 
 written, who have wholly delivered this prefent aft; 
 and for caufmg thefe prefents to be publifhed and regif- 
 tered, wherever it fhall be neceffary, my Lord the Duke 
 of Berry has conftituted the bearers of thefe difpatches, 
 by duplicates thereof, his general and fpecial attornies, 
 to whom my faid Lord has, by thefe faid prefents, 
 given fpecial power and authority in that behalf. At 
 Marly, the twenty-fourth day of November, 1712, 
 before noon, and has figned the prefent duplicate and 
 another, and the minute thereof remaining in the hands 
 of the faid le Moyne, notary. 
 
 (Signed) CHARLES. 
 Le Fevre > Le Moyne. 
 
 WE Jerome d'Argouges, Knight, Lord of Fleury, 
 counfellor to the King in his councils, honorary matter 
 of the requefts of his houfehold, civil lieutenant of the 
 city, provoftfhip, and vicounty of Paris, do certify to 
 all to whom it may appertain, that mafters Alexander 
 le Fevre, and Anthony le Moyne, who have figned the 
 act on the other fide, are counfellors to the King, no- 
 taries, minute- keepers to his Majefty, and feal-keepers 
 at the Chatelet of Paris, and that faith is to be given, 
 as well in court as out of it, to the acts received by 
 them. In witnefs whereof, we have figned thefe pre- 
 fents, caufed the fame to be counterfigned by our fecre- 
 tary> and the leal of our arms to be affixed. At Paris, 
 the twenty -fourth of November, 1712. 
 
 (Signed) D'Argouges. 
 
 By my faid Lord, Barbey. 
 
 Read and publifhed, the court fitting, and regiftered 
 in the rolls of the court, the King's attorney ge- 
 neral being heard, and moving for the fame, in 
 
 order
 
 1787.] WITP* FRANCE. 369 
 
 order to its being executed, according "to its form 
 and tenor, in purfuance of and in conformity to 
 the acts of this day. At Paris, .in parliament, 
 the fifteenth of March, 1713. 
 
 (Signed) Dtmgou. 
 
 PHILIP, grandfon of France, Duke of Orleans, 
 Valois, Chartres, and Nemours : to all Kings, Princes, 
 CoinmQnwealths, Potentates, Communities, and to all 
 perfons, as well prefent as to come, we make known 
 by thefe prefents ; that the fear of the union of the 
 crowns of France and Spain, having been the prin- 
 cipal motive of the prefent war, and the other Powers 
 of Europe having always apprehended left thele two 
 crowns fhould come upon one head, it has been laid 
 down as the foundation of the peace, which is treated 
 of at prefent, and which it is hoped may be cemented 
 more and more, for the repofe of fuch a number of 
 countries which have facrificed themfelves, as fo many 
 victims, to oppofe the dangers wherewith they thought 
 themfelves threatened, that it was neceflary to eftablifh 
 a kind of equality and equilibrium between the Princes 
 who were in difpute, and to feparate for ever, in an 
 irrevocable manner, the rights which they pretend to 
 have, and which they defended, fword in hand, with a 
 reciprocal (laughter on each fide* 
 
 That with intent to eftablifh this equality, the 
 Queen of Great Britain propofed, and upon her in- 
 ftances it has been agreed by the King, our moft 
 honoured lord and uncle, and by the Catholic King, 
 our moft dear nephew, that for avoiding at any time 
 whatfoever the union of the crowns of France and 
 Spain, reciprocal renunciations ihould be made, that 
 is to fay, by the Catholic King Philip the Fifth our 
 nephew, for himfelf, and for all his descendants, of the 
 fucceflion to the crown of France; as alfo by the 
 Duke of Berry, our moft dear nephew, and by us, 
 for ourfelves, and for all our defcendants, of the crown 
 of Spain ; on condition likewife, . that neither the 
 
 VOL. I. B b Houfe-
 
 370 TREATIES [1:59 
 
 Houfe of Auftria, nor any of the defendants thereof, 
 ftiall be able to fucceed to the crown of Spain, be- 
 caufe this Houfe itfelf, without the union of the Em- 
 pire, would become formidable, if it Ihould add a 
 new power to its ancient dominions; and confequently 
 this equilibrium, which is defigned to be eftablifhed 
 for the good of the Princes and States of Europe, 
 would ceafe. Now it is certain, that without this 
 equilibrium, either the dates fuffer from the weight of 
 their own greatnefs, or envy engages their neighbours 
 to make alliances to attack them, and to reduce them 
 to fuch a point, that thefe great Powers may infpire 
 lefs fear, and may not afpire to an univerfal mo- 
 narchy* 
 
 For attaining the end . which is propofed, and by 
 reafon that his Catholic Majefty has on his part made 
 his renunciation the fifth of this prefent month, we 
 confent that, in failure of Philip the Fifth, our ne- 
 phew, and of his defendants, the crown of Spain do 
 pafs over to the Houfe of the Duke of Savoy, whofe 
 rights are clear and known, inafmuch as he dcfccnds 
 from the Infanta Catharina, daughter of Philip the 
 Second, and as he is called by the other Kings his 
 fucceflbrs ; fo that his right to the lucccflion of Spain 
 is indifputable. 
 
 And we defiring on our fide to concur towards the 
 glorious end, which is propofed for re-cftablifhing the 
 public tranquillity, and for preventing the fears which 
 the rights of our birth, or all others which might 
 appertain unto us, might occafion, have refolvcd to 
 make this relinquifhment, this abdication, nd this 
 renunciation of all our rights, for ourfclves, and in the 
 name of all our fuccefibrs and defendants j and for 
 the accomplifhing of this refolution, which we have 
 taken of our mere, free, and frank will, we declare 
 and hold ourfelves from this prefent, us, our children, 
 and defcendant^ for excluded and difabled, ablolutely, 
 and fjr ever, and without limitation or diftinclion of 
 perfons, of degrees, and of ftxcs, from every acl, and 
 
 from 

 
 1787.] WITH FRANCE. 371 
 
 from all right of fucceeding to the Crown of Spain. 
 We will and confent, for us and our defcendants, that 
 from this time, and for ever, we be held, we and ours, 
 for excluded, difabled, and incapacitated, in whatever 
 degree we may happen to be, and in what manner 
 foever the fucceflion may fall to our line, and to all 
 others, whether of the Houfe of France or of that of 
 Auftria, and of all the defcendants both of the one 
 and the other Houfe, which, as it is faid and fuppofed, 
 ought likewife to hold the mfelves for cut off and ex- 
 cluded j and that for this reafon, the fucceflion to the 
 faid crown of Spain be deemed to be devolved and 
 transferred to him to whom the fucceflion of Spain 
 ought to be transferred, in fuch cafe, and at any time 
 whatfoeverj fo that we do take and hold him for true 
 and lawful fucceffor, becaufe neither we, nor our de- 
 fcendants, ought any more to be confidered as having 
 any foundation of reprefentation, active or pafiive, or 
 making a continuation of a line effective, or contentive 
 of iubftance, blood, or quality, nor ought we to derive 
 any right from our defcent, or reckon the degrees from 
 Queen Anne of Auftria, our moft honoured lady and 
 grandmother, nor from the glorious Kings her an- 
 ceilors. On the contrary, we ratify the renunciation 
 which the faid lady Queen Anne made, and all the 
 claufes which the kings Philip the Third and Philip 
 the Fourth inferted in their wills. We renounce in 
 like manner all the right which may appertain to us, 
 and to our children and defcendants, by virtue of the 
 declaration made at Madrid, the twenty-ninth of 
 October, 1703, by Philip the Fifth King of Spain, our 
 nephew; and any right which might appertain to us, 
 for us, and our defcendants, we relinquifh the fame, 
 and renounce it for us and for them; we promife 
 and engage, for us, our faid children and defendants, 
 prefent and to come, to employ ourfelves, with all our* 
 might, in caufmg thefe prefents to be obferved and 
 fulfilled, without allowing or fuffering that directly or 
 indirectly the fame be violated, whether in the whole 
 B b 2 Qt
 
 3 f2 TREATIES [1259 
 
 or in part. And we relinquifh all means, ordinary or 
 extraordinary, which by common right, or any fpecial 
 , privilege, might appertain to us, our children, and de- 
 fcendants; which means we renounce abfolutely, and 
 in particular that of evident, enormous, and moft 
 enormous prejudice, which may be found in the re- 
 nunciation of the fucceflion to the faid crown of Spain; 
 and we will that any of the faid means neither may 
 nor can ferve or avail us. And if under this pretext, 
 or any other colour whatever, we would pofiefs our- 
 felves of the faid kingdom of Spain by force of arms, 
 that the war which we fhould make, or flir up, be held 
 for unjuft, unlawful, and unduly undertaken j and that 
 on the contrary, that which he fhould make upon 
 us, who by virtue of this renunciation fhould have 
 right to fucceed to the crown of Spain, be held for 
 juft and allowable ; and that all the fubjects and peo- 
 ple of Spain do acknowledge him, obey him, defend 
 him, do homage to him, and take the oath of fealty to 
 him, as to their King and lawful lord. 
 
 And for the greater afiurance and fecurity of all that 
 we fay and promife, for us, and in die name of our 
 Juccefibrs and defendants, we fwear folemnly on the 
 .holy Gofpels contained in this Miflal, whereon we lay 
 our right hand, that we will keep, maintain, and fulfil 
 ,the fame, wholly and entirely j and that we will at no 
 time afk to have ourfelves relieved therefrom ; and if 
 any perfon alks it, or if it is granted us motu proprio, 
 we will not make ufe or avail ourfelves thereof j but 
 rather, in cafe i: fhould be granted us, we make another 
 oath, that this fhall lubfift and remain for ever, what 
 difpenfation foever may be granted us. We further 
 fwear and promile, that we have not made, neither 
 will we make, either in public or in fecret, any protef- 
 tation or reclamation to the contrary, which may 
 hinder that which is contained in thefe prelents, or 
 lefiTen the force thereof, and if we fhould make any, 
 what oath ibever they may be attended with, they 
 
 (hull
 
 1787-] WITH FRANCE. 373 
 
 fhall not have either force or virtue, or produce any 
 effedt. 
 
 And for greater fecurity, we have patted and do 
 pafs the prefent act of renunciation, abdication, and 
 relinquilhment, before mafters Anthony le Moyne 
 and Alexander le Fevre, couniellors to the King, no* 
 taries, minute-keepers, and feal-keepers at the Cha- 
 telet of Paris, here-under written, in our palace royal 
 at Paris, 1712, the nineteenth of November, before 
 noon; and for caufing thefe prefents to be infmuated 
 and regiftered in every place where it fhall appertain, 
 we have conftituted the bearer to be our attorney, and 
 we have figned thefe prefents, and the minute thereof 
 remaining in the pofTefllon of the faid le Fevre, no- [ 
 tary. 
 
 Philip of Orleans. 
 
 Le Moyne, Le 
 
 WE Jerome d'Argouges, Knight, Lord of Fleury, 
 counfellor to the King in his councils, honorary matter 
 of the requefts of his houfehold, civil lieutenant of the 
 city, provoftfhip, and vicounty of Paris, do certify to 
 all to whom it fhall appertain, that mailer Anthony 
 le Moyne, and Alexander le Fevre, who have figned 
 the act of renunciation on the other fide, are coun- 
 fellors to the King, notaries at the Chatelet of Paris> 
 and that faith ought to .be given, as well in judgment 
 as out of "the fame, to the acts by them received. In> 
 witnefs whereof we have figned thefe prefents, caufed 
 the fame to be counter-figned by our fecretary, and 
 the feal of our arms to be affixed. At Paris, the. 
 twenty-rait of November, 1712. . 
 
 (Signed) D'Argouges. 
 
 By my faid Lord, Barbey. 
 
 \~ '.i^vi 
 
 Read and publifhed, the court being affembled, and 
 
 regiftered in the rolls of the court, the King's at- 
 
 torney general being heard, and requiring the' 
 
 B b3 fame,
 
 374 TREATIES [1259 
 
 fame, that it may be executed according to its 
 form and tenor, in puifuance of, and in con- 
 formity to the acls of this day. At Paris, in Par^ 
 liament, the fifteenth of March, 1713. 
 
 (Signed) Dongois. 
 
 Tbf Kings Letters Patents of the Month of December, 
 
 1700. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all prefent and to come, greeting. 
 The profperities which it has pleafed God to heap upon 
 ws during the courfe of our reign, are fo many mo- 
 tives to us, to apply ourfelves, not only for the time 
 prefent, but alio for the future, to the happinefs and 
 tranquillity of the people whereof Divine Providence 
 has entrufted to us the government. His impenetra- 
 ble judgments let us only fee, that we ought not to 
 place our confidence, neither in our forces, nor in the 
 extent of our dominions, nor in a numerous poilerity ; 
 and that thefe advantages, which we receive from his 
 goodnefs alone, have no other folidity than what it 
 pleafcs him to give them. But as it is, however, his 
 will, that the Kings, whom he chufes to lead his peo- 
 ple, (hould forefce afar off the events able to produce 
 diforders, and the moft bloody wars ; that they Ihould 
 make ufe of the lights, which his divine wifdom pours 
 upon them j we fulfil his defigns, when, in the midft 
 of the univerfal rejoicings of our kingdom, we look 
 upon, as a poflible thing, a fad futurity, which we pray 
 God to avert for ever. At the fame time that we 
 accept the will of the late King of Spain j that our 
 moft dear and moft beloved fon the Dauphin renoun- 
 ces his lawful right to that crown, in favour of his fe- 
 cohd fon the Duke of Anjou, our moft dear and moft 
 beloved grandfcn, inftituted by the late King of Spain, 
 his univcrfal heir ; that this Prince, known at prefent by 
 the name of Philip the Fifth, King of Spain, is ready to 
 enter his kingdom^ and to anfwcr the earneft wifhes of 
 
 his
 
 1727.3 WITH FRANCE. 
 
 his new fubjefls; this great eyent does not. hinder us 
 from carrying our views beyond the time prefent, and 
 when our fucceJTion appears thq beft eftabliihed, we 
 judge it to be equally the duty of a King, and of a 
 Father, to declare, for the future, our will conform- 
 ably to the "fentiments which thefe two qualities in- 
 fpire in us. Wherefore, being perfuaded that the 
 King of Spain, our grandfon, will always preferve for 
 us, for our houfe, for the kingdom wherein he is 
 born, the fame tendernefs, and the fame fentiments, 
 whereof he has given us fo many proofs, that his ex- 
 ample, uniting his new fubjects to ours, is going to 
 form a perpetual amity, and the moft perfect cor- 
 refpondence between them ; we fhould think likewife 
 that we do him an injuftice, whereof we are incapa- 
 ble, and occafion an irreparable prejudice to our king- 
 dom, if we fhould hereafter look upon as a flranger, 
 a Prince, whom we grant to the unanimous requefts 
 of the Spanifh nation. 
 
 For thefe caufes, and other great considerations us 
 hereunto moving, of our fpecial grace, full power, and 
 royal authority, we have refolved, declared, and or- 
 dained, and by thefe prefents, figned with our hand, 
 we do refolve, declare, and ordain, we will, and it is 
 our pleafure, that our moft dear and moft beloved 
 grandfon the King of Spain do preferve for ever the 
 rights of his birth, in the fame manner as if he made 
 his actual refidence in our kingdom ; wherefore our 
 moft dear and moft beloved only fon the Dauphin, 
 being the true and lawful fucceffor and heir of our 
 crown, and of our dominions, and after hirn our moft 
 dear and moft beloved grandfon the Duke of Bur- 
 gundy, if it Ihould happen (which God forbid) that 
 cur faid grandfon the Duke of Burgundy fhould 
 come to die without male children, or that thofe 
 which he Ihould have in good and lawful marriage 
 Ihould die before him, or it* the faid male children 
 ihould not leave any male children after them, born in 
 lawful marriage, in fucfi cafe our faid grandfon the 
 ~ BbV 'King
 
 TREATIES [1259 
 
 King of Spam, making ufe of the rights of his birth, 
 is to be the true and lawful luccenYr to our crown, 
 and to our dominions, notwithftanding he Ihould be 
 at that time abfent, and refiding out of our faid king- 
 dom j and immediately after his deccafe, his heirs male 
 begot in lawful marriage, fhall come into the faid fuc- 
 ceflion, notwithftanding that they may be born, or 
 that they may dwell out of our kingdom ; we will 
 that, for the abovefaid caufes, neither our faid grand- 
 fon the King of Spain, nor his children, being males, 
 be deemed and reputed lefs able and capable to enter 
 upon the faid fucceffion, or upon others which may 
 fall to them within our faid kingdom. On the con- 
 trary, we intend, that all rights, and generally other 
 things whatever, which may at prefent, or for the fu- 
 ture, belong and appertain to them, be and remain 
 preferved whole and intire, as if they did refide and 
 dwell conftantly within our kingdom to the time of 
 their deceafe, and as if their heirs had been natives 
 2nd inhabitants of the kingdom ; having for this pur- 
 pofe, as far as there is or fhall be need, enabled and 
 'difpenfed with them, as we do enable and difpt-nfe 
 with them by thefe prefents. And fo we give it in 
 command to our beloved and trufty counfellors, the 
 members of our Court of Parliament, and Chamber of 
 our Accounts at Paris, Prefidznts and Treafurers Ge- 
 neral of France in the office of our Exchequer efta- 
 bliihed in the fame place, and to all others our offi- 
 cers and juftices to whom it fhall appertain, that they 
 caufe thefe prefents to be regillercd, and our faid 
 grandfon the King of Spain, his children and defccnd- 
 ants, being male, born in lawful marriage, to enjoy 
 and ufe the contents thereof, fully and peaceably^ 
 any tiling to the contrary notwithftanding ; to which, 
 by our grace and authority, as abovefaid, we have 
 derogated, and do derogate, for this is our pleafure. 
 And th.:t this may be a matter firm and lading for 
 ever, we have caufed our feal to be put to thefe pre- 
 fents. Given at Vedailles, in the mouth of Decem-
 
 1787.] WITH FRANCE. 377 
 
 her, in the year of our Lord 1700, and .of our reign 
 the 58th. Signed LEWIS ; and on the fold, By the 
 King, Pbelfyeaux ; and fealed with the great feal on 
 green wax, with firings of red and green filk. 
 
 Regiftered, the King's attorney general being heard, 
 and requiring the fame, in order to their being 
 executed according to their form and tenor, pur- 
 fuant to the act of this day. At Paris, in Parlia- 
 ment, the firft of February, 1701. 
 
 (Signed) Mongols. 
 
 NOW whereas it is provided and fettled by the 
 preceding renunciation (which is always to have the 
 force of a pragmatic, fundamental, and inviolable law) 
 that at no time whatever either the Catholic King him- 
 felf, or any one of his lineage, fhall feek to obtain the 
 crown of France, or afcend the throne thereof; and 
 by reciprocal renunciations on the part of France, and 
 by fettlements of the hereditary fucceffion there, tend- 
 ing to the fame purpofe, the crowns of France and 
 Spain are fo divided and feparated from each other, 
 that the aforefaid renunciations, and the other tranf- 
 actions relating thereto, remaining in force, and being 
 truly and faithfully obferved, they can never be joined 
 in one. Wherefore the moil Serene Queen of Great 
 Britain, and the moft Serene the moft Chriflian 
 King, engage to each other folemnly, and on their 
 Rpyal words, that nothing ever fhall be done by them, 
 or their heirs and fuccefibrs, or allowed to be done by 
 others, whereby the aforefaid renunciations, and the 
 other tranfacYions aforementioned, may not have their 
 full effect : but rather, on the contrary, their Royal 
 Majefties, with joint counfels and forces, will always 
 fincerely take that care, and ufe thofe endeavours, that 
 the faid foundations of the public fafety may remain 
 unfhaken, and be preferved untouched for ever. 
 
 Moreover, the moil Chriflian King confents and 
 engages, that he will not, for the intereft pf his fub- 
 
 - jefts,
 
 37 8 TREATIES [,259 
 
 iects hereafter endeavour to obtain, or accept of any 
 other ufage of navigation and trade to Spain, and the 
 Spanifh Indies, than what was practiled there in the 
 reign of the late King Charles the Second of Spain, 
 or than what lha]l likewife be fully given and granted, 
 at the fame time, to. other nations ar. con- 
 
 cerned in trade. 
 
 VII. That there be a free ufe of navigation and 
 commerce between the fubjec~b of both their Royal 
 Majefties, as it was formerly in time of peace, and 
 before the declaration of this lall war, and alfo as it 
 is agreed and concluded by the treaty of commerce 
 tliis day made between the two nations. 
 
 VHI. That the ordinary diftnbution of juftice be 
 revived, and open again, through the kingdoms and 
 dominions of each of their Royal Majefties, fo that it 
 may be free for all the (objects on both iidts to fue 
 for and obtain their rights, pretenfions, and ar 
 according to the laws, conftitutions, and ftatutcs of 
 each kingdom. 
 
 IX. The moft Chriftian King Hull take care that 
 all the fortifications of the city of Dunkirk be razed, 
 that the harbour be filled up, and that the fluices or 
 molcs which ferve to cleanfe the harbour be levelled, 
 and that at the faid King's own expence, within the 
 fpace of five months after the conditions of peace are 
 concluded and figned -, that is to fay, die fortifications 
 towards the fea, within the fpace of two months, and 
 thofe towards the land, together with the laid bank",, 
 within three months ; on this exprefs condition alfo, 
 that the faid fortifications, harbour, moles, or fluices, 
 Ipe never repaired again. All which lhall not, how- 
 ever, be be^un to be ruined, till after that ever)' tiling 
 is pur into his Chriftian Majefty's hands, which is to 
 be given him, infttad thereof, or as an equivalent. 
 
 X. The faid moft Chriftian King (hall reilore to 
 tibc kingdom amiQueeji of Great Britain, to be [>>!- 
 
 feflkd
 
 1787.] WITH FRANCE. 379 
 
 feffed in full right for ever, the bay and ftreights of 
 Hudfon, together with all lands, feas, fea-coafts, ri- 
 vers, and places fituate in the faid bay and ftreights, 
 and which belong thereunto, no tracts of land or of 
 fea being excepted, which are at prefent pofleflcd by 
 the fubjecls of France. All which, as well as any 
 buildings there made, in the condition they now are, 
 and likewife all fortrefies there erected, either before 
 or fince the French feized the fame, lhall, within fix 
 months from the ratification of the prefent treaty, or 
 fooner, if pofiible, be well and truly delivered to the 
 Britifh fubjefts, having commiffion from the Queen 
 of Great Britain to demand and receive the fame, 
 entire and undemolifhed, together with all the cannon 
 and cannon-ball which are therein, as alfo with a quan- 
 tity of powder, if it be there found, in proportion to 
 the cannon-ball, and with the other provifion of war 
 ufually belonging to cannon. It is, however, provi- 
 ded, that it may be entirely free for the company of 
 Quebec, and all other the fubjects of the moft Chrif- 
 tian King whatsoever, to go by land, or .by fea, whi- 
 therfoever they pleafe, out of the lands of the faid bay, 
 together with all their goods, merchandizes, arms, 
 and effects, of what nature or condition foever, ex- 
 cept fuch things as are above referved in this article. 
 But it is agreed on both fides, to determine within a 
 year, by commiflaries to be forthwith named by each 
 party, the limits which are to be fixed between the 
 faid Bay of Hudfon and the places appertaining to 
 the French j which limits both the Britilh and French 
 fubjects fhall be wholly forbid to pafs over, or thereby 
 to go to each other by fea or by land. The fame 
 commifTaries fhall alfo have orders to defcribe and fet- 
 tle, in like manner, the boundaries between the other 
 Britifh and French colonies in thofe parts. 
 
 XI. The abovementioned moft Chriftian King fhall 
 take care that fatisfaftion be given, according to the 
 rule of juftice and equity, to the Englilh company 
 trading to the Bay of Hudfon, for all damages and 
 
 Ipoil
 
 3 8o TREATIES 
 
 fpoil done to their colonies, fhips, perfons, and goods, 
 by the hoftile incurfions and depredations of the 
 French, in time of peace, an eitimate being made 
 thereof by commiflaries to be named at the requifi- 
 tion of each party. The fame commiflaries ihall 
 moreover inquire as well into the complaints of the 
 Britifh fubjects concerning fhips taken by the French 
 in time of peace, as alfo concerning the damages fuf- 
 tainecj laft year in the ifland called Montlerat, and 
 others, as into thofe things of which the ^French fub- 
 jects complain, relating to the capitulation in the 
 ifland of Nevis, and caftle of Gambia, alfo to French 
 Ihips, if perchance any fuch have been taken by Bri- 
 tifh fubjects in time of peace j and in like manner 
 into all difputes of this kind, which Ihall be found to 
 have arifen between both nations, and which are not 
 yet ended j and due juftice Ihall be done on both fides 
 without delay. 
 
 XII. The moft Chriflian King fhall take care to 
 have delivered to the Queen of Great Britain, on the 
 fame day that the ratifications of this treaty fhall be 
 exchanged, foltrnn and authentic letters, or inftni- 
 ments, by virtue whereof it fhall appear, that the 
 ifland of St. Chriftopher's is to be poflefTcd alone 
 hereafter by Britifh fubjects, likewife all Nova Scotia 
 or Acadie, with its ancient boundaries, as alfo the city 
 of Port Royal, now c.illed Annapolis Royal, and all 
 other things in thofe parts, wjiich depend on the faid 
 lands and iflands, together with the cjominion, pro- 
 priety, and pofieflion of the faid iflands, lands, and 
 places, and all right whatfoever, by treaties, or by any 
 other way obtained, which the moft Chriftian King, 
 the crown of France, or any the fubjects thereof, have 
 hitherto had to the faid iflands, lands, and places, and 
 the inhabitants of the fame, are yielded and made 
 over to the Queen of Great Britain, and to her crown, 
 for ever, as the moft Chriftian King doth at prrfent 
 yitrld and make over all the particulars abovcfaid ; 
 pn.i that in fuch ample manner and form, that the. 
 
 fubjects
 
 1787.] WITH FliANCk. 3$r 
 
 fubje&s of the moft Chriftian King fhall hereafter be 
 'excluded from all kind of fiftiing in the faid feas, bays, 
 and other places, on the coafts of Nova Scotia, that 
 is to fay, on thofe which lie towards the eaft, within 
 30 leagues, beginning from the ifland commonly 
 called Sable, inclufively, and thence ftretching along 
 'towards the fouth-weft. 
 
 XIII. The ifland called Newfoundland, with the 
 adjacent iflands, fhall from this time forward belong 
 of right wholly to Britain ; and to that end the town 
 and fortrefs of Placentia, and whatever other places in 
 the faid. ifland are in the pafleflion of the French, 
 ihall be yielded and given up, within feven months 
 from the exchange of the ratifications of this treaty, or 
 fooner, if poflible, by the moft Chriftian King, to 
 thofe who have acommiflion from the Queen of Great 
 Britain for that purpofe. Nor fhall the moft Chrif- 
 tian King, his heirs and fucceflbrs, or any of their 
 Subjects, at any time hereafter, lay claim to any right 
 to the faid ifland and iflands, or to any part of it, or 
 them. Moreover, it fhall not be lawful for the fub- 
 jects of France to fortify any place in the faid ifland 
 of Newfoundland, or to erect any buildings there, be- 
 fides ftages made of boards, and huts necefiary and 
 ufual for drying of fifli j or to refort to the faid ifland, 
 beyond the time neceflary for fifhing, and drying of 
 fifh. But it fhall be allowed to the fubjecls of France 
 to catch fifti, and to dry them on land, in that part 
 only, and in no other befides that, of the faid ifland 
 of Newfoundland, which ftretches from the place 
 called Cape Bonavifta to the northern point of the faid 
 ifland, and from thence running down by the weftern. 
 fide, reaches as far as the place called Point Riche. 
 But the ifland called Cape Breton, as alfo all others, 
 both in the mouth of the river of St. Lawrence, and 
 in the gulph of the fame name, fhall hereafter belong 
 of right to the French, and the moft Chriftian King 
 ihall have all manner of liberty to fortify any place 
 or places there. 
 
 XIV. It
 
 TREATIES [ r2 ^ 
 
 XIV. It is exprefsly provided, that in all the faid 
 places and colonies to be yielded and reflored by the 
 moft Chriftian King, in purluance of this treaty, die 
 fubjects of the faid King may have liberty to remove 
 themfelves, within a year, to any other place, as they 
 lhall think fit, together with all their moveable effcds. 
 But thofe who are willing to remain there, and to be 
 fubjeft to the kingdom of Great Britain, are to enjoy 
 the free exercifc of their religion, according to the ufage 
 of the church of Rome, as far as the laws of Great 
 Britain do allow the fame. 
 
 XV. The fubjefts of France inhabiting Canada, 
 and others, (hall hereafter give no hinderance or mo- 
 leftation to the five nations or cantons of Indians, fub- 
 jeft to the dominion of Great Britain, nor to the other 
 natives of America, who are friends to the fame. In 
 like manner, the fubjecb of Great Britain fhall behave 
 themfelves peaceably towards the Americans who are 
 fubjeds or friends to France j and on both fides they 
 lhall enjoy full liberty of going and coming on ac- 
 count of trade. As alfo the natives of thofe countries 
 lhall, with the fame liberty, refort, as they pleafe, to 
 the Britifh and French colonies, for promoting trade 
 on one fide and the other, without any moleitation 
 or hinderance, either on the part of the Britifh fub- 
 jc(5ls or of the French. But it is to be exactly and 
 diftin&ly fettled by commiflaries, who are, and who 
 ought to be accounted the fubje&s and friends of 
 Britain or of France. 
 
 XVI. That all letters, as well of reprifal as of 
 mark and counter-mark, which have hitherto on 
 any account been granted on cither fide, be and re- 
 main null, void, and of no efiecl:; and that no letters 
 of this kind be hereafter granted by either of their faid 
 Royal Majefties, againft the fubjefts of the other, un- 
 lefs there lhall have been plain proof beforehand of a 
 denial or wrongful delay of juftice; and unlefs the 
 petition of him, who defires the grant of letters of re- 
 prifal,
 
 1787.] WITH FRANCE. 383 
 
 prifal, be exhibited and fhewn to the minifter, who 
 refides there in the name of that Prince, againft whofe 
 fubjects thofe letters are demanded, that he within the 
 fpace of four months, or fooner, may make enquiry 
 to the contrary, or procure that fatisfaclion be forth- 
 with given to the plaintiff by the party accufed. But 
 in cafe no minifter be refuting there from that Prince, 
 againft whofe fubjefts reprifals are demanded, that 
 letters of feprifal be not granted till after the ipace of 
 four months, to be computed from the day whereon 
 the petition was exhibited and prefehted to the Prince, 
 againft whofe fubjefts reprifals 'ate defired, or to his 
 privy council. 
 
 XVII. Whereas it is exprefsly ftipulated, among 
 the conditions of the Tufpenfion of arms, made be- 
 tween the abovementioned contracting parties the 4*- 
 day of Auguft kft paft, and afterwards prolonged for 
 four months more, in what cafes fhips, merchandizes, 
 and other moveable effedls, taken on either fide, fhouki 
 either become prize to the captor, or be reftored to 
 the former proprietor j it is therefore agreed, that in 
 tnbfe cafes the conditions of the aforefaid fufpehfion of 
 arms {hall remain in full force, and that all things re- 
 lating to fuch captures, made either in the Britrfh arid 
 Northern feas, or in any other place, iliall be well 
 and truly executed according to the tenor of the 
 fame. 
 
 XVIII. But in cafe it happen through inadver- 
 tency, or imprudence, or any other caufe .whatsoever, 
 that any fubjecT: of their aforefaid Royal Majefties do 
 or commit any thing, by land, by fea, or on frefh wa- 
 ters, in any part of the world, whereby this prefertt 
 treaty be not obferved, or whereby any particular 
 article of the fame hath not its effecl, this peace and 
 good correfpondence, between the Queen of Great 
 Britain and the moft Chriftian King, fliall not be 
 therefore interrupted or broken, but fhall remain in 
 its former ftrength, force, and vigour. But that fub-
 
 3 g 4 TREATIES [1159 
 
 ject alone fhall be anfwerable for his own fact, and 
 fhall fuffer the punifliment which is inflicted by the 
 rules and directions of the law of nations. 
 
 XIX. However, in cafe (which God Almighty for- 
 bid) the diflenfions which have been laid afleep fliould 
 at any time be renewed, between their faid Royal 
 Majefties, or their fucceflbrs, and break out into open 
 war, the fhips, merchandizes, and all the effects, both 
 moveable and immoveable, on both fides, which fhall 
 be found to be and remain in the ports, and in the 
 dominions of the adverfe party, fhall not be confifca- 
 ted, or any wife endamagedj but the entire fpace of 
 fix months, to be reckoned from the day of the rup- 
 ture, lhall be allowed to the faid fubjects of each of 
 their Royal Majefties, in which they may fell the aforc- 
 faid things, or any part elfe of their effects, or carry 
 and remove them from thence whither they pleafc, 
 without any moleftation, and retire from thence them- 
 felves. 
 
 XX. Juft and reafonable farisfaction fhall be given 
 to all and fingular the allies of the Queen of Great 
 Britain, in thofe matters which they have a right to 
 demand from France. 
 
 XXI. The moft Chriftian King will, in confidera- 
 tion of the fi iendihip of the Queen of Great Britain, 
 grant, that in making the treaty with the Empire, 
 all things concerning die ftate of religion, in the afore - 
 faid Empire, fhall be fettled conformable to the tenor 
 of the treaties of Weftphalia, fo that it fhall plainly 
 appear, that the moft Chriftian King neither \\iil 
 have, nor would have had any alteration made in the 
 {aid treaties. 
 
 XXII. Moreover, the moft Chriftian King en- 
 gages, that he will forthwith, after the peace is made, 
 caufe juftice to be done to the family of Hamilton, 
 concerning the dukedom of Chatelraut ; to the Duke 
 of Richmond, concerning fuch requefts as he has to 
 
 make
 
 1787.] WITH FRANCE. 385 
 
 make in France ; as alfo to Charles Douglas, con- 
 cerning certain lands' to be reclaimed by him, and to 
 others. 
 
 ^ XXIII. By the mutual confent of the Queen of 
 
 ?u Ca k Bntain ' andof the moft Chr ifo*n King, the 
 iuojefts of each party, who were taken prifoners dur- 
 ing the war, fliall be fet at liberty, without any dif- 
 tmdhon or ranfom, paying fuch debts as they Ihall 
 have contracted i n the time of their being pri- 
 foners. 
 
 XXIV. It is mutually agreed, that all and fmu- 
 lar the conditions of the peace, made this day be- 
 tween his Sacred Royal moft Chriftian Majefty, and his 
 Sacred Royal Majefty of Portugal, be confirmed by 
 this treaty ; and her Sacred Royal Majefty of Great 
 Britain takes upon herfelf the guaranty of the fame 
 to the end that it may be more firmly and inviolably 
 obferved. J 
 
 . XXV. The treaty of peace made this day between 
 his Sacred Royal moft Chriftian Majefty, arid his 
 Iloyal Highnefs the Duke of Savoy, is particularly 
 included in this treaty, as an efiential part of it, and 
 is confirmed by it, in the fame manner as if it were 
 word for word inferted therein; her Royal Majefty 
 of Great Britain declaring exprefsly, that fte will be 
 bound by the ftipulations of fecurity and guaranty 
 promifed therein, as well as by thofe which ihe has 
 formerly taken upon herfelf. 
 
 . X X VI - The m ft Serene King of Sweden, with 
 his kingdoms, dominions, provinces, and rights, as 
 alfo the Great Duke of Tufcany, the Republic of 
 Genoa, and the Duke of Parma, are in the beft man- 
 ner included in this treaty. 
 
 XXVII. Their Majefties have alfo been pleafed to 
 comprehend in this treaty the Hans-Towns, name- 
 ly, Lubec, Bremen, and Hamburg, and the city of 
 Pantzic, with this effec% that as foon as the general 
 
 VOL. I. Cc peace
 
 TREATIES [1259 
 
 peace ftiall be concluded, the Hans-Towns and the 
 city of Dantzic may, for the future, as common 
 friends, enjoy the ancient advantages which they have 
 heretofore had in the bufmefs of trade, either by trea- 
 ties or by old cuftom. 
 
 XXVIII. Thofe fhall be comprehended in this 
 prefent treaty of peace, who fhall be named by com- 
 mon confent, on the one part and on the other, be- 
 fore the exchange of the ratifications, or within fix 
 months after. 
 
 XXIX. Laftly, Solemn ratifications of this pre- 
 fertt treaty, and made in due form, fhall be exhibited 
 on both fides at Utrecht, and mutually and duly ex- 
 changed within the fpace of, four weeks, to be compu- 
 ted from the day of the figning, or fooner if pof- 
 fible. 
 
 XXX. In witnefs whereof, we the under-written 
 Ambafladors Extraordinary and Plenipotentiaries of 
 the Queen of Great Britain, and of the moft Chrif- 
 tian King, have put our feals to thefe prefent inftru- 
 ments, fubfcribed with our own hands, at Utrecht, the 
 
 ^ of ' mt 
 
 (L. S.) Job. Briftol, C. P. S. (L. S.) Htucelfa. 
 (L. S.) Strafftrd. (L. S.,) Mefnager. 
 
 ANNE R. 
 
 ANNE, by the grace of God, Queen of Great: 
 Britain, France, and Ireland, Defender of the faith, 
 &c. ; to all and fingular to whom thefe prefents lhall 
 come, greeting. Whereas the Congrefs that was held 
 at Utrecht in the beginning of the laft year, for making 
 a general peace, has been drawn out into length above 
 tht-fe fourteen months by various obftacles, which 
 have been tlirown in the way, contrary to our hopes 
 and wifhes; but now, by the favour and goodneis of 
 Almighty God (who has been plealed to infpire the 
 love of concord more ftrongly into the breafts of the 
 
 parties
 
 1787-] WITH FRANCE. 387 
 
 parties engaged in war) it feems happily to tend to- 
 wards the end fo long defired, and fo neceffary for the 
 tranquillity and welfare of Europe ; we, having at laft 
 adjufted with our good brother the moft Chriftian 
 King our matters on both fides, relating both to peace 
 and to commerce, to the end that our minifters, who 
 have hitherto, under the title of Plenipotentiaries, ap- 
 plied themfelves, with our higheft approbation, to the 
 difcharge of this employment, may, with greater fplen- 
 dor, put an end to this moll wholefome work, 
 have thought fit to give them the moft honourable 
 character of our AmbarTadors Extraordinary. Now 
 know ye, that we repofmg efpecial confidence in the 
 loyalty, induftry, experience, and fagacity in managing 
 matters of great importance, of the Right Reverend 
 Father in God our right trufty and well-beloved Coun- 
 fellor John Biihop of Briftol, Keeper of our Privy Seal, 
 Dean of Windfor, and Regifter of our moft Noble 
 Order of the Garter j and of our right trufty and right 
 well-beloved Coufin and Counfellor Thomas Earl of 
 Strafford, Viicount Wentworth of Wentworth Wood- 
 houfe and Stainborough, Baron of Raby, Lieutenant 
 General of our forces, Firft Commifiioner of our Ad- 
 miralty, Knight of our moft Noble Order of the Gar- 
 ter, and our AmbafTador Extraordinary and Plenipo- 
 tentiary to the High and Mighty Lords the States Ge- 
 neral of the United Netherlands; have named, made, 
 and conftituted them, as by thefe prefents we do name, 
 make,, and conftitute them, our true, certain, and un- 
 doubted Ambafladors Extraordinary, Commiflaries, 
 Procurators, and Plenipotentiaries, giving and grant- 
 ing to them, jointly and feparately, all and all manner 
 of power, faculty, and authority, as alfo both general 
 and fpecial order (but fo as the general do not dero- 
 gate from the Ipecial, nor on the contrary) to meet 
 and confer in die city of Utrecht, or in any other 
 place, with the Ambafladors Extraordinary and Ple- 
 nipotentiaries, which the faid moft Chriftian King fhall 
 fcave deputed on his part, being furnilhed with fuffi- 
 C c 2 cient
 
 jS3 TREATIES [1259 
 
 cient authority, and to treat, agree, and conclude con- 
 cerning fafe, lafting, and honourable conditions of peace 
 and friendfhip between us and the faid mod Chriltian 
 King j and to fign for us, and in our name, all fuch 
 things as fhall be fo agreed and concluded j and to 
 make out fuch and fo many inftruments of what is con- 
 cluded, as fhall be neceffary, and to exchange and 
 mutually receive the fame ; and generally to do and 
 perform all fuch things as they {hail judge neceflary, 
 or any way conducible towards making and fettling 
 die conditions of peace and friendfhip, as is abovefaid, 
 in as ample manner and form, and with the like force 
 and effect, as we ourfelves might do and perform, if 
 we were prefent ; engaging and promifing on our Royal 
 word, that we will accept, approve, and ratify, in the 
 fame manner and form as they have been agreed, all 
 and every thing that by virtue of thefe prefents fhall 
 happen to be tranfacted, concluded, and figned by our 
 faid Ambafiadors Extraordinary, Commiffaries, Pro- 
 curators, and Plenipotentiaries, jointly or feparately. 
 In witnefs and confirmation whereof we have c< m- 
 manded our great feal of Great Britain to be affixed 
 to thefe prefents, figned with our Royal hand. Given 
 at our palace of St. James's, the 24th day of the month 
 of March, in the year of our Lord 17 \ -;, and of our 
 reign the twelfth. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all who fhall fee thefe prefents, greet- 
 ing. Whereas we have omitted nothing for contri- 
 buting with all our might towards the re-eltabliihmcnt 
 of a fincere and folid peace; and as our molt dear 
 and moft beloved fitter the Queen of Great Britain 
 has fhewn the fame defire, and as there is room to 
 hope, .that the conferences which are held at Utrecht, 
 for attaining to fo defirabk a good, will in a little time 
 have a happy iffue i and being willing likewife to ap- 
 ply ait our care for promoting the efrcft th 
 lepofuig entire confidence in the cauacii 
 
 .
 
 1787-] WITH FRANCE. 38.9 
 
 ence, zeal, and fidelity for our fervice, of our moft 
 dear and well-beloved coufin, the Marquis cTHux- 
 elles, Marftal of France, Knight of our Orders, and 
 our Lieutenant General of the government of Bur- 
 gundy, and of our dear and well- beloved the Sieur 
 Mefnager, Knight of our Order of St. Michael. For 
 theft- caufes, and other good confiderations us here- 
 unto moving, we have commiflioned, ordained, and 
 deputed, as by thefe prefents, figned w-ith our hand, 
 we do commifFion, ordain, and depute the faid Sicurs 
 Marfhal d'Huxelles and Mefnager, and have given, 
 and do give .to them, fill] ppwer, commiiTion., and Ipe- 
 cial command, in quality of our Ambaffadors Exn aor* 
 dinary, and our Plenipotentiaries, to confer, negoti- 
 ate, and treat with the Ambafladors Extraordinary, 
 Plenipotentiaries of our faid filter, provided with her 
 powers in due form, to agree, conclude, and fign fucli. 
 treaties of peace, articles, and conventions, as they 
 {hall fee good. We will that in cafe of abfence o/one 
 of them by ficknefs, or through any other lawful 
 caufe, the other have the fame power to confer, ne- 
 gotiate, treat, agree, conclude^ and fign fuch treaties^ 
 *>f peace, articles, and conventions, as fhall be agree- 
 able to the good of the peace which we propofe to 
 ourfelves, and to the reciprocal advantage of our fub- 
 jects, fo that our faid AmbaiTadors Extraordinary and 
 Plenipotentiaries may aft, in all which fhall belong to 
 the negotiation with our feid fitter, with the fame- au- 
 thority as we fhould and might do, if we were prefent 
 in perfon, although there -fhould be fomething which 
 might require a more, fpecial order than is contained 
 in thefe prefects. We promife, on the faith and word 
 of a King,- to approve, and to' keep firm and lafting 
 for ever, to fulfil and execute punctually, all that the 
 laid Sieurs Marfhal d'Huxelles and Meihager* or one 
 of them, in the iaid cuff 5 of abfence, or of iicknefs, 
 fhall flipulate, promHe, and fign, by virtue of this pre- 
 fent power, without ever acting contrary thereto, cr 
 - that . any- thing be done to -the -contrary, on 
 
 "
 
 3 9 o TREATIES [1259 
 
 any caufe, or under any pretence whatfoever ; as like- 
 wife to caufe our letters ratifying the fame to be dif- 
 patched, in good form, and to caufe them to be de- 
 livered, in order to be exchanged, within the time 
 which fhall be agreed on by the treaties to be made. 
 For this is our pleafure. In witnefs whereof we have 
 caufed our feal to be affixed to thefe prefents. Given 
 at Verfailles, the fourth day of March, in the year of 
 our Lord 1713, and of our reign the feventieth. Sign- 
 ed LEWIS 3 and on the fold, By the King, Colbert. 
 
 [The following is printed from the copy, which was 
 publifhed by authority in 1713. 
 
 fbs Treaty cf Navigation and Commerce between the 
 moji Serene and moft Potent Princejs Anne, by the 
 Grace of God> Queen of Great Britain, France, 
 and Ireland, and the moft Serene and moft Potent 
 Prince Lewis the XlVth, the moft Chriftian King, 
 concluded at Utrecht the -?-,'- Day of ^i 1 1713. 
 
 WHEREAS the moft Serene and moft Potent 
 Princefs and Lady Anne, by die grace of God, 
 Queen of Great Britain, France, and Ireland, and the 
 moft Serene and moft Potent Prince and Lord Lewis 
 the Fourteenth, by the grace of God, the moft Chrif- 
 tian King, fmce they applied their minds, by die dif- 
 pofal of the Almighty, to the ftudy of peace, have 
 both been moved with an earneft defire to increafe the 
 advantages of their fubjects, which are to arife there- 
 from, by a reciprocal liberty of navigation and com- 
 merce, which ought to be as well the principal fruit 
 as eftablifhment of peace : and to that end they have 
 moft gracioufly given inftruc~lions to their Ambafia- 
 dors Extraordinary and Plenipotentiaries, going to the 
 congrefs at Utrecht, that they fhould employ their 
 utmoft diligence and care both to re-eftablifh peace, 
 and to renew the former treaties of commerce between 
 die two nations, and to adapt them to the prefent 
 
 ftate
 
 1787-] WITH FRANCE. 391 
 
 ftate of affairs ; that is to fay, her Sacred Royal Ma- 
 jefty of Great Britain, to the Right Reverend John, 
 by Divine permifTion, Bilhop of Briftol, Keeper of 
 the Privy Seal of England, one of her Majefty's Pri- 
 vy Council, Dean of Windfor, and. Regiiler of , the 
 moft Noble Order of the Garter : as alib to the moft 
 Noble, Illuftrious, and Excellent Lord Thomas Earl 
 of Strafford, Vifcount Wentworth of Wentworth- 
 Woodhoufe, and Stainborough, Baron of Raby, one 
 of her Majefty's Privy Council, her Ambaflador Ex- 
 traordinary and Plenipotentiary to the High and 
 Mighty Lords die States General of the United Ne- 
 therlands, Colonel of her Majefty's regiment of dra- 
 goons, Lieutenant General of her Majefty's forces, 
 Firft Lord CommilTioner of the Admiralty of Great 
 Britain and Ireland, and Knight of the moft Noble 
 Order of the Garter : and his Sacred Royal moft 
 Chriftian Majefty, to the moft Noble, Illuftrious, and 
 Excellent Lords Nicolas Marquis of Huxelles, Mar- 
 fhal of France, Knight of the King's Orders, and 
 Lieutenant General of the dukedom of Burgundy ; 
 and Nicolas Mefnager, Knight of the King's Order 
 of St. Michael. Whereupon the faid Ambafladors, 
 to the end that the defign of their Royal Majefties, 
 which is fo pious and wholefome, might attain the 
 d^fired effect, having had feveral conferences upon 
 that affair, and having adj lifted the principal matters 
 on both fides, as far as they could in fo fhort a time, 
 after having communicated to each other, and duly 
 exchanged, the full powers wherewith they were pro- 
 vided for this purpofe, copies whereof are inlerted 
 word for word at the end of this inftrument, have 
 agreed upon articles of navigation and commerce, in. 
 manner and form as follows. 
 
 I. IT is agreed and concluded between the moft 
 Serene and moft Potent Queen of Great Britain, and 
 the moft Serene and moft Potent the moft Chriftian 
 King, that there fhall be a reciprocal and entirely per- 
 fect liberty of navigation and commerce between the 
 C c 4 fubje&s
 
 TREATIES [1259 
 
 fubjefts on each part, through all and every the king- 
 doms, ftates, dominions, and provinces of their Royal 
 Majefties in Europe, concerning all and fingular kinds 
 of goods, in thofe places, and oh thofe conditions, and 
 in fiich manner and form, as is fettled and adjufled in 
 the following articles. 
 
 II. But that the commerce and friendfliip between 
 the fubjects of the abovcfaid parties may be hereafter 
 fecure, and free from all trouble and moleftation, it is 
 agreed and concluded, that if at any time any ill un- 
 derftanding and breach of friendfliip, or rupture, fhould 
 happen between the crowns of their Royal Majefties 
 (which God forbid) in fuch cafe the term of fix months 
 ifhall be allowed, after the faid rupture, to the fnbjefts 
 and inhabitants on each part, refiding in the dominions 
 of the other, in which they themfelves may retire, to- 
 gether with their families, goods, merchandizes, and 
 effects, and carry them whitherfoever they fhall pleafej 
 as like wife at the fame time the felling and difpofing of 
 their goods, both moveable and immovcablc, ftuill be 
 allowed them freely, and without any difturbance ; and 
 in the mean time their go< ds, effects, wares, and mer- 
 chandizes, and particularly their perfons, (hall not be 
 detained or troubled by an eft or feizure : but rather, in 
 the mean while, the fubjects on each fide fhall have 
 and enjoy good and fpeedy juftice, fo that, during the 
 faid fpacc of fix months, they may be able to recover 
 their goods and effects, emrufted as well to the public 
 as to private perfons. 
 
 III. It is likewife agreed and concluded, that the 
 fubjects and inhabitants of the kingdoms, provinces, 
 and dominions of each of their Royal Majefties, fhall 
 exercife no acts of hoftility and violence againft each 
 other, neither by fca nor by land, nor in rivers, ftreanis, 
 ports, or haven?, under any colour or pretence vhat- 
 loever; fo that the fubjects of either party fhall receive 
 no patent, commiflion, or inftruction, fjr arming and 
 acting at fea as privateers, nor letters of reprifal, as 
 
 they
 
 1787.] WITH FRANCE. 393 
 
 they are called, from any princes or ftates, which are 
 enemies to one fide or the other; nor, by virtue or 
 under colour of fuch patents, commiflions, or reprifals, 
 fhall they difturb, or infeft, or any way prejudice or da- 
 mage the aforefaid fubjects and inhabitants of the 
 Queen of Great Britain, or of the moft Chriftian King; 
 neither fhall they arm {hips in fuch manner as is above - 
 faid, or go out to fea therewith. To which end, as 
 often as it is required by either fide, ftrict.and exprefs 
 prohibitions fhall be renewed and publifhed in all the 
 regions, dominions, and territories of each party where - 
 foever, that no one fhail in any wife ufe fuch commif- 
 fions or letters of reprifal, under the fevereft punifhment 
 that can be inflicted on the tranfgrefTors, befides refti- 
 tution and full fatisfaction to be given to thofe to 
 whom they have done any damage ; neither fhall any 
 letters of reprifal be hereafter granted on either fide, 
 by the faid confederates, to the detriment or difadvan- 
 tage of the fubjefts of the other, except in fuch cafe 
 only as juftice is denied or delayed; to which denial or 
 delay credit fhall not be given, unlefs the petition of 
 the perfon who defires the faid letters of reprifal be 
 communicated to the Minifter refiding there on the 
 part of the Prince againft whofe fubjects they are to 
 be granted, that within the fpace of f jur months, or 
 fooner, if it be poflible, he may evince the contrary, or 
 procure the performance of what is due to juftice.^ 
 
 IV. The 'fubjefts and inhabitants of each of the 
 aforefaid confederates fhaii have liberty, freely and 
 fecureiy, without licence or paiTport, general or fpecial, 
 by land or by fea, or any other way, to. go into the 
 kingdoms, countries, provinces, lands, iflands, cities, 
 villages, towns, walled or unwaiied, fortified or unfor- 
 tified, ports, dominions, or territories whatfoever, of 
 the other confederate, in Europe, there to enter, and 
 to return from thence, to abide there, or to pafs 
 through the fame, and in the mean time to o buy and 
 pu; chafe, as they pieafe, all things neceffary for their 
 fubfiftence and ui'ej and they fhall be treated with all 
 
 mutual
 
 394 TREATIES [1259 
 
 mutual kindnefs and favour. Provided, however, that 
 in nil thcie matters they behave and comport thcmfelves 
 conformably to the laws and itatutes, and live and 
 converfe with each other friendly and peaceably, and 
 keep up reciprocal concord by all manner of good un- 
 derftanding. 
 
 V. The fubje&s of each of their Royal Majefties 
 may have l.~ave and licence to come with their (hips, 
 as alib with the merchandizes and goods on board the 
 fame (the trade and importation whereof are not pro- 
 hibited by the laws of either kingdom) to the lands, 
 countries, cities, ports, places, and rivers of either fide, 
 in Europe, to enter into the fame, to refort thereto, to 
 remain and refide there, without any limitation of 
 alfo to hire houfrs, or to lodge with other people, and 
 to buy all lawful kinds of merchandizes, where they 
 think fit, from the firft workman or feller, or in any 
 other manner, whether in the public market for the 
 fale of things, in mart towns, fairs, or wherefoever 
 thofe goods are manufaftured or foldj they may like- 
 wife lay up and keep in their magazines and warc- 
 houfes, and from thence expofe to fale, merchandizes 
 brought from other parts ; neither fhail they be in any 
 wife obliged, unlefs willingly and of their own accord, 
 to bring their faid merchandizes to the marts and fairs, 
 on this condition, however, that they lhall not fell the 
 llune by retail in (hops, or any where elfe. But they 
 are not to be loaded with any impofitions or taxes on 
 account of the faid freedom of trade, or for any other 
 cauie whatfoever, except what are to be paid for their 
 fhips and goods according to the laws and cuftoms 
 received in each kingdom. And moreover they fhall 
 have free leave, without any moleftation, to remove 
 themielves, alfo, if they lhall happen to be married, 
 their wives, children, and fervants, together with their 
 merchandizes, wares, goods, and effects, either bought 
 or imported, whenfoever and whitherfoever they lhall 
 think fit,, out of the bounds of each kingdom, by land 
 and by fea, on the rivers and frefh waters, difcharging 
 8 the
 
 1787.] WITH FRANCE. 395 
 
 the ufual duties, notwithstanding any law, privilege, 
 grant, immunity, or cuftom, in any wife importing 
 the contrary. But in the bufinefs of religion, there 
 {hall be an entire liberty allowed to the fubjecls of each 
 of the confederates, as alfo, if they are married, to their 
 wives and children ; neither fhall they be compelled to 
 go to the churches, or to be prefect at the religious 
 worfhip in any other place. On the contrary, they 
 may, without any kind of moleftation 3 perform their 
 religious exercifes after their own. way, although it 
 be forbid by the laws of the kingdom, privately and 
 within their own walls, and without the admittance of 
 any other perfons whatfoever. Moreover, liberty 
 fhall not be refufed to bury the fubjecls of either 
 party, who die in the territories of the other, in con- 
 venient and decent places, to be appointed for that 
 purpofe, as occafion fhall require; neither ihall the 
 dead bodies of thofe that are buried be any ways mo- 
 lefted. The laws and ftatutes of each kingdom {hall 
 remain in full force, and fhall be duly put in execution, 
 whether they relate to commerce and navigation, or to 
 any other right, thofe cafes only being excepted, con- 
 cerning which it is otherwife determined in the articles 
 of this prefent treaty. 
 
 VI. The fubjecls of each party fhail pay the tolls, 
 cuftoms, and duties of import and export through ail 
 the dominions and provinces of either party,, as are 
 due and accuftomed. And, that it may be certainly 
 known to every one what are all the faid tolls, cuftoms, 
 and duties of import and export, it is likewife agreed, that 
 tables fhewing the cuftoms, port-duties, and impofts, 
 |hall be kept in public places, both at London, and in 
 other towns within the dominions of the Queen of Great 
 Britain, and at Roan, and other towns of France,, where 
 trading is ufed ; whereunto recourfe may be had, as often 
 as any queftion or dilpute arifes concerning fuch port- 
 duties, cuftoms, and impofts ; which are .to be de- 
 manded in fuch manner, and no otherwife, as fhall be 
 
 agreeable
 
 39 6 TREATIES [1259 
 
 agreeable to the plain words and genuine fenfe of the 
 abovefaid tables. And if any officer, or' other per'bn 
 in his name, fhall, under any pretence, publicly or 
 privately, directly or indireclly, afk or take of a mer- 
 chant, or of any other perfbn, any furn of money, or 
 any thing elfe, on account of right, dues, ftipend, ex- 
 hibition, or compenfarion, although it be under the 
 name of a free gift, or in any other manner,- or under 
 any other pretence, more, or otherwife, than wl, 
 prefcribed above, in fuch cafe the faid officer, or his 
 deputy, if he be found guilty, and convi&ed of the 
 fame before a competent judge*, in the country where 
 the crime was committed, (hail give full fatisfacYion 
 to the party that is wronged, and Ihnll likewifc be pu- 
 nilhed according to the direction of the laws. 
 
 VII. Merchants, mafters of (hips, owners, mariners, 
 men of all kinds, (hips, and all merchandizes in ge- 
 neral, and effects of one of the confederates, and of 
 his fubjefts and inhabitants, fhall on no pub.ic or pri- 
 vate account, by virtue of any general or fpccial cdift, 
 be feized in any the lands, ports, havens, fhores, or 
 dominions whatsoever of the other confederate, for the 
 public ufe, for warlike expeditions, or for any other 
 caufc; much lefs, for the privape ufe of any one, fhall 
 they be detained by arrefts, compelled by violence, or 
 under any colour thereof, or in any will- molefted or 
 injured. Moreover, it fhall be unlawful for the fub- 
 jecls of both parties to take any thing, or to extort it 
 by force, except the perfon to whom it belongs confent, 
 and it be paid for with ready money. Which, how- 
 ever, is not to be tmderftood of that detention and 
 feizure which (hall be made by the command and au- 
 thority of juflice, and by the ordinary methods, on 
 account of debt, or crimes , in re(pc6l whereof the 
 proceeding mud be by way of law, according to the 
 form of juftice. 
 
 VIII. Furthermore, it is agreed and concluded, as a 
 general rule, that all and fingular the fubjecls of the mod 
 
 Serene
 
 1787.] WITH -FRANCE. 397 
 
 Serene Queen of Great Britain, and of the moft Serene 
 the moft Chriftian King, in all countries and places fub- 
 jeer, to their power on each fide, as to all duties, impofi- 
 tions, or cuftoms whatfoe ver, concerning perfons, goods, 
 and merchandizes, fhips, freights, feamen, navigation, 
 and commerce, iliall ufe and enjoy the fame privileges, 
 liberties, and immunities at leaft, and have the like 
 favour in all things, as well in the courts of juftice, as 
 in all luch things as relate, either to commerce, or to 
 any other rights whatever, which any foreign nation, the 
 moft favoured, has, ufes, and enjoys, or may hereafter 
 have, ufe, and enjoy. 
 
 IX. It is further agreed, that within the Ipace of 
 two months after a law Ihall be made in Great Britain, 
 whereby it hall be fufEciently provided, that no more 
 cuftoms or duties be -paid for goods and merchandizes 
 brought from France to Great Britain, than what are 
 payable for goods and merchandizes of the like nature 
 imported into Great Britain from any other country in 
 Europe j and that all laws made in Great Britain fmce 
 the year 1664, for prohibiting the importation of any 
 goods and merchandizes coming from France, which 
 were not prohibited before that time, be repealed; the 
 general tariff made in France the i Sth day of September 
 in the year 1664, {hall take place there again, and the 
 duties payable in France by the fubjects of Great Bri- 
 tain, for goods imported and exported, fhall be paid 
 according to the tenor of the tariff above-mentioned, 
 and fhall not exceed the rule therein fettled, in the 
 provinces whereof mention is there made, and in the 
 other provinces the duty Ihall not be payable other- 
 wife than according to the rule at that time preicribed : 
 and all prohibitions, tariffs, edicts, declarations, or de- 
 crees, made in France fmce the faid tariff of the year 
 1664, and contrary thereunto, in reipect to the goods 
 and merchandizes of Great Britain, fhall be repealed. 
 But whereas it is urged on the part of France, that 
 certain merchandizes, that is to fay, manufactures of 
 wool, fugar, faked fifh, and the product of whales, be 
 3 excepred
 
 3 9 3 TREATIES [1259 
 
 excepted out of the rule of die above-mentioned tariff, 
 and likewife other heads of matters belonging to this 
 treaty remain, which having been propofed on the part 
 of Great Britain, have not yet been mutually adjufted, 
 a fpecification of all which is contained in a feparate 
 inftrument fubfcribed by the Ambafiadors Extra- 
 ordinary and Plenipotentiaries on both fides; it i 
 hereby provided and agreed, that within two montlis 
 from the exchange of the ratifications of this treaty, 
 commiffaries on both fides fhall meet at London, to 
 confider of and remove the difficulties concerning the 
 merchandizes to be excepted out of the tariff of the 
 year 1664, and concerning the other heads, which, as 
 is abovcfaid, are not yet wholly adjufted. And at the 
 fame time the faid commiflaries (hall likewife endea- 
 vour (which feems to be very much for the intereft of 
 both nations) to have the methods of commerce on 
 one part, and of the other, more thoroughly examined, 
 and to find out and eftablifh juft and beneficial means 
 on both fides for removing the difficulties in this mat- 
 ter, and for regulating the duties mutually. But it is 
 always underftood and provided, that all and fingular 
 the articles of this treaty do in the mean while remain 
 in their full force, and efpecially that nothing be 
 deemed, under any pretence whatfoever, to hinder the 
 benefit of the general tariff of die year 1664 from 
 being granted to the fubjects of her Royal Majefty of 
 Great Britain, and the faid Britilh fubjects from hav- 
 ing and enjoying die fame, without any delay or ter- 
 giverfation, within the fpace of two months after a Jaw 
 is made in Great Britain as abovefaid, in as ample 
 manner and form as the fubjedls of any nation, the mod 
 favoured, might have and enjoy the benefit of the 
 aforefaid tariff, any thing to be done or difcuffed by 
 the faid commhTaries to the contrary in any wife not- 
 withftanding. 
 
 X. The duties on tobacco imported into France, 
 either in the leaf, or prepared, fhall be reduced here- 
 after to the fame moderate rate as the faid tobacco 
 
 of
 
 1787.] WITH FRANCE. 399 
 
 of the growth of any country in Europe or America, 
 being brought into France, does or fhall pay. The 
 fubjects on both fides fhall alfo pay the fame duties in 
 France for the faid tobacco i there fhall be likewife 
 an equal liberty of felling it j and the Britifh fubjecls 
 fhall have the fame laws as the merchants of France 
 themfelves have and enjoy. 
 
 XL It is likewife concluded, that the impofition or 
 tax of $ofols 'Tcurnois, laid on Britifh fhips in France 
 for every ton, fhall wholly ceafe, and be from hence- 
 forward annulled. In like manner the tax of five 
 fhillings fterling laid on French fhips in 'Great Britain 
 for every ton, fhall ceafe j neither fhall the fame, or 
 any the like impofitions, be laid hereafter on the fhips 
 of the fubjefts on either fide. 
 
 XII. It is further agreed and concluded, that it fhall 
 be wholly free for all merchants, commanders of ihips, 
 and other the fubjects of the Queen of Great Britain, 
 in all places of France, to manage their own bufinefe 
 themfelves, or to commit them to the management of 
 whomfoever they pleafe, nor fhall they be obliged to 
 make ufe of any interpreter, or broker, nor to pay 
 them any falary, unlefs they chufe to make ule of 
 them. Moreover, matters of fhips fhall not be obliged, 
 in loading or unloading their fhips, to make ufe of 
 thofe workmen, either at Bourdeaux, or in any other 
 places, as may be appointed by public authority for. 
 that purpofe ; but it lhall be entirely free for them to 
 load or unload their fhips by themfelves, or to make 
 ufe of fuch perlbns in loading or unloading the fame 
 as they fhall think fit, without the payment of any 
 falary to any other whomfoever -, neither fhall they be 
 forced to unload any fort of merchandizes, either into 
 other fhips, or to receive them into their own, or to 
 wait for their being loaded longer than they pleafe. 
 And all and every the fubjefts of the moll Chriltian 
 King fhall reciprocally have and enjoy the fame pri- 
 vileges
 
 400 TREATIES [1259 
 
 vileges and liberty, in all places in Europe fubjeft to 
 the dominion of Great Britain. 
 
 XIII. It fhall be wholly lawful and free for mer- 
 chants and others, being fubjefts either to the Queen 
 of Great Britain or to the mod Chriftian King, by 
 will, and anyu>ther dilpofition rrtade, either during the 
 time of ficknefs, or at any other time before, or at the 
 point of death, to devife or give away their merchan- 
 dizes, effects, money, debts belonging to them, and 
 all moveable goods which they have or ought to have 
 at the rime of their death, within the dominions and 
 any other places belonging to the Queen of Great 
 Britain, and to the mod Chriftian King. Moreover, 
 whether they die, having made their will, or inttrflate, 
 their lawful heirs and executors, or adminiftrators, re- 
 fiding in either of the kingdoms, or coming from any 
 other part, although they be not naturalized, fhall 
 freely and quietly receive and take pofieflion of all the 
 feid goods and effects whatfoever, according to the laws 
 of Great Britain and France ' refpeclively ; in fuch 
 manner, however, that die wills, and right of entering 
 upon the inheritances of perfons inteftate, muft be 
 proved according to law, as well by the fubje&s of the 
 Queen of Great Britain, as by the fubjefts of the 
 moft Chriftian King, in thofe places where each perfon 
 died, whether that may happen in Great Britain or in 
 France, any law, ftatutc, edift, cuftom, or droit d'au- 
 beine whatfoever to the contrary notwitliftanding. 
 
 XIV. A.difpute arifing between any commander of 
 the (hips on both fides and his leamen, in any port of 
 the other party, concerning wages due to the laid lea- 
 men, or other civil caufes, the magiftrate of tho place 
 fhall require no more from the perfon accufed, than that 
 he give to the accuier a declaration in writing, wit- 
 neiled by the magiftrate, whereby he fhall be bound 
 to anfwer that matter before a competent judge in his 
 own country i which being done, it fhall not be h\\ ful 
 
 either
 
 I7&7-] WJ TH FRANCE. 401 
 
 either for the feamen to defert their fhip, or to hinder 
 the commander from profecuting his voyage. It fliall 
 moreover be lawful for the merchants on both fides, in 
 the places of their abode, or elfewhere, to keep books 
 of their accounts and affairs, as they fhall think fit, 
 and to have an intercourfe of letters, in fuch language 
 or idiom as they fhall pleafe, without any moleftation 
 or fearch whatfoever. But if it fhould happen to be 
 necefTary for them to produce their books of accounts, 
 for deciding any difpute and controverfy, in fuch cafe 
 they fhall be obliged to bring into court the entire 
 books or writings, but fo as that the judge may net 
 have liberty to infpeft any other articles in the faid 
 books than fuch as fhall relate to the teftimony or au- 
 thority in queftion, or fuch as fhall be necefiary to give 
 credit to the laid books ; neither fhall it be lawful, un- 
 der any pretence, to take the faid books or writings 
 forcibly out of the hands of the owners, or to retain 
 themj the cafe of bankruptcy only excepted: neither 
 lhall the faid fubjech of the Queen of Great Britain 
 be obliged to write their accounts, copies of letters, 
 acts or inftruments relating to trade, on llamped paper, 
 in French, papier timbre, except their day-book, which, 
 that it may be produced as evidence in any law-fuit, 
 ought, according to the laws, which all perfons trading 
 in France are to obferve, to be fubfcribed gratis by the 
 judge, and marked or flourifhed with his own hand. 
 
 XV. It fhall not be lawful for any foreign priva- 
 teers, not being fubje&s of one or of the other of the 
 confederates, who have commiflions from any other 
 Prince or State in enmity with either nation, to fit their 
 fhips in the ports of one or the other of the afbrefaid 
 parties, to fell what they have taken, or in any other 
 manner whatever to exchange either fhips, merchan- 
 dizes, or any other ladings ; neither fhall they be al- 
 lowed even to purchafe victuals, except fuch as fhall be 
 necefTary for their going to the next port of chat 
 Prince from whom they have commiiTions. 
 
 VOL. I. D d XVI. The
 
 4 o2 TREATIES [1259 
 
 XVI. The fhips of both parties being laden, failing 
 along the coafts or fhores cf the other, and being forced 
 by ftorm into the havens or ports, or coming to land in 
 any other manner, fhall not be obliged there to unlade 
 their goods, or any part thereof, or to pay any duty, 
 unlefs they do of their own accord unlade their good* 
 there, or difpofe of any part of their lading: but it 
 may be lawful to take out of the (hip, and to fell 
 (leave being firfl obtained from thofe who have the in- 
 fpe&ion of fea affairs) a fmall part of their lading, for 
 this end only, that neceflaries cither for the refrefhment 
 or victualling of the fhip may be purchafed ; and in 
 that cafe the whole lading of the fhip fhall not be fub- 
 je<5l to pay the duties, but that fmall part only which 
 has been taken out and fold. 
 
 XVII. It lhall be lawful for all and fmgular the 
 jfubjecls of the Queen of Great Britain, and of the 
 mofl Chriftian King, to fail with their fhips with all 
 manner df liberty and fecurity, no dtftin&ion being 
 made who are the proprietors of the merchandizes 
 laden thereon, from any port, to the places of thole 
 who are now, or fhall be hereafter, at enmity with 
 the Queen of Great Britain, or the mofl Chrif- 
 tian King; it fhall likewife be lawful for the fubjec"ts 
 and inhabitants aforefaid to fail with the fhips and 
 merchandizes aforementioned, and to trade with the 
 fame liberty and fecurity from the places, ports, and 
 havens of thofe who are enemies of both, or of either 
 jxuty, without any oppofition or difturbance whatfo- 
 cver, not only directly from the places of the enemy 
 aforementioned to neutral places, but alfo from one 
 place belonging to an enemy to another place belong- 
 ing to an enemy, whether they be under die jurifdic- 
 tion of the fame Prince, or under fevcral. And as it is 
 now ftipulated concerning fhips and goods, that free 
 Ihips fhall alfo give a freedom to goods, and that every 
 thing fhali be deemed to be free and exempt which 
 fhall be found on board the fhips belonging to the fub- 
 jefts of cither of the confederates, although the whole 
 
 lading,
 
 WITH FRANCE. 403 
 
 lading, or any part thereof, fhoiild appertain to the 
 enemies of either of their Majefties, contraband goods 
 being always excepted, on the difcovery whereof, mat- 
 ters Ihall be managed according to the fenfe of the 
 fubfequent articles ; it is alfo agreed, in like manner, 
 that the fame liberty be extended to perfons who are 
 on board a free fhip, with this effecl:, that although they 
 be enemies to both; or to either party, they are not to be 
 taken out of that free fhip, unleis they are foldiers, and 
 in actual fervice of the enemies. 
 
 XVIII. This liberty of navigation and commerce 
 fhall extend to all kinds of merchandizes, excepting 
 thofe only which follow in the next article, and which 
 are fignified by the name of Contraband. 
 
 XIX. Under this name of contraband or prohibited 
 goods, fhall be comprehended arms, great guns, bombs, 
 with their fufees and other things belonging to them ; 
 fire-balls, gunpowder, match, cannon-ball, pikes, 
 Iwords, lances, fpears, halberds, mortars, petards, gra- 
 nadoes, falt-petre, mufkets,mufk:et-ball, helmets, head- 
 pieces, breail-plates, coats of mail, and the like kinds 
 of arms proper for arming foldiers, mufket-refts, belts, 
 horfes with their furniture, and all other warlike inftru- 
 ments whatever-. 
 
 XX. Thefe merchandizes which follow fhall not be 
 reckoned among prohibited goods; that is to fay, all 
 forts of cloths, and all other manufactures woven of 
 any wcol, flax, filk, cotton, or any other materials 
 whatever; all kinds of cloaths and wearing-apparel, 
 together with the fpecies whereof they are ufed to be 
 made; gold and filver, as well coined as uncoined, 
 tin, iron, lead, copper, brafs, coals; as alfo wheat and 
 barley, and any other kind of corn and pulfe; tobacco, 
 and likewife all manner of fpices, faked and fmoked 
 rlefh, faked fifh, cheefe and butter, beer, oils, wines, 
 fugars, and all forts of fait, and, in general, all pro- 
 viilons which ferve for the nourifhment of mankind 
 and the fuftenante of life. Furthermore, all kinds of 
 
 D d 2 cotton.
 
 TREATIES [i2 5f 
 
 cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail- 
 el- >ths, anchors, and any parts of anchors j alfo fhip- 
 mafts, planks, boards, and beams, of what trees fo- 
 ever; and all other things proper either for building 
 or repairing fhips ; and all other goods whatever, 
 which have not been worked into the form of any 
 inftrument or thing prepared for war, by land or 
 by fea, fhall not be reputed contraband, much lefs 
 iuch as have been already wrought and made up for 
 any other ufe; all which fhall wholly be reckoned 
 among fiee goods, as likewife all other merchandizes 
 and things which are not comprehended and particu- 
 larly mentioned in the preceding article, fo that they 
 may be tranfported and carried, in the freed manner, by 
 the fubje&s cf both confederates, even to places be- 
 longing to an enemy, fucK towns or places being only 
 cxccptcd as are at that time beficged, blocked up 
 round about, or invefted. 
 
 XXI. To the end that all manner of difienfions and 
 quarrels may be avoided and prevented on one fide and 
 the other, it is agreed, that in cafe cither of their Royal 
 Majefties, who arc allied, fhould be engaged in war, the 
 fhips and vcflfels belonging to the fubjects of the other 
 ally mud be fumifhed with fea-lettrrs or paflports, 
 exprefling the name, property, and bulk of the fhip, 
 as alfo the name and place of habitation of the mafrer 
 or commander of the faid fliip, th.it it may appear 
 thereby that the fhip really and truly belongs to the 
 lubjects of one of the Princes; which paflports fhaJl 
 be made out and granted according to the form an- 
 nexed to this treaty; they fhall likewife be recalled 
 every year, that is, if the fnip happens to return home 
 within thefpace of a year. It is likewife agreed, that 
 fuch fhips being laden, are to be provided, not ( nly 
 with paflports, as above-mentioned, but allo with cer- 
 tificates containing the feveral particulars of the cargo, 
 the place whence the fhip failed, and whither fhe 
 is bound, that fo it may be known whether any for- 
 bidden
 
 1787-] WITH FRANCE. 405- 
 
 bidden or contraband goods, as are enumerated in 
 the nineteenth article of this treaty, be on board the 
 fame; which certificates ihall t>e made out by the of-* 
 ficers of the place whence the fhip fet fail, in the ac- 
 cuftomed form. And if any one {hall think it fit or 
 advifable to exprefs in the laid certificates the perfon 
 to whom they belong, he may freely do fo. 
 
 XXII. The ihips of the fubje&s and inhabitants of 
 both their mcft Serene Royal Majefties, coming to any 
 of the fea-coafts within the dominions of either of the 
 confederates, but not willing to enter into port, or 
 being entered, yet not being willing to . Ihew cr to fell 
 the cargoes of their Ihips, lhail not be obliged to give 
 an account of their lading, unlefs they are fuipected, 
 upon fure evidence, of carrying to the enemies of the 
 other confederate prohibited goods, called contra- 
 band. 
 
 XXIII. And in cafe of the faid manifeft fufpicion, 
 the faid fubjefts and inhabitants of the dominions of 
 both their moft Serene Royal Majefties ihall be obliged 
 to exhibit in the ports their paffports and certificates., 
 in the manner before fpecified. 
 
 XXIV. But in cafe die ihips of the fubjects and 
 inhabitants of both their moft Serene Royal Majefties, 
 cither on the fea-coaft, or on the high feas, Ihall meet 
 with the men of war of the other, or with privateers, 
 the faid men cf war and privateers, for preventing any 
 inconveniences, are to remain out of cannon-lhot, and 
 to fend a boat to the merchant-ihip which has been 
 met with, and Ih^il enter- her with two or three men 
 only, to whom the mafter or ccmmander of fuch ihip 
 or veffel (hall fhew his paflport, concerning the property 
 thereof, made out according to the form annexed to 
 this prefent treaty j and the' Ihip which Ihall exhibi: 
 one, fhall have fres paflage, and it Ihall be wholly 
 unlawful any way to moleit'her, fearch, or compel her 
 tp quit her intended courfe. 
 
 D-d. 3 XXY. Bu
 
 4 o6 TREATIES [1259 
 
 XXV. But that merchant-fhip of the other party, 
 which intends to go to a port at enmity with the 
 other confederate, or concerning whofe voyage, and 
 the fort of goods on board, there may be juft fuf- 
 picion, fhall be obliged to exhibit, either on the 
 high leas, or in the ports and havens, not only her 
 palTports, but her certificates, expreffing that they arc 
 not of the kind of goods prohibited, which arc fpeci- 
 ried in the nineteenth article. 
 
 XXVI. But if one party, 3p the exhibiting the 
 abovefaid certificates, mentioning the particulars of 
 the things on board, fhould difcover any goods of that 
 kind which are declared contraband or prohibited, by 
 the nineteenth article of this treaty, defigned for a port 
 fubjetft to the enemy of the other, it fhall be unlawful 
 to break up the hatches of that ihip wherein tjie fame 
 fhall happen to be found, whether fhe belong to the 
 fubjec~h> of Great Britain or of France, to open the 
 chcfts, packs, or cafks therein, .or to remove even the 
 fmalicft p'.rccl of the goods, unlefs the lading be 
 brought on fiiore in the prefence of the officers of the 
 court of admiralty, and an inventory thereof made ; 
 but there fhall be no allowance to fell, exchange, or 
 alienate the fame in any manner, unlefs after that due 
 and lawful procefs fhall have bten had againft fuch 
 prohibited goods, and the judges of the admiralty re- 
 fpectively fhall, by a fentence pronounced, have con- 
 ftfcaced the fame; faving always, as well the fhip itfelf, 
 as the other goods found therein, which by this treaty 
 are to be efteemed frecj neither may they be detained 
 on pretence of their being, as it weie, infected by the 
 prohibited goods, much lefs fhall they be confifcated 
 as lawful prize: but if not the whole cargo, but only 
 part thereof fhall confift of prohibited or contraband 
 goods, and the commander of the fhip fhall be ready 
 t nd willing to deliver them to the captor who has dif- 
 Covered them, in fuch cafe the captor, having received 
 thofe gjods, fhall forthwith diicharge the fhip, and not 
 
 hinder
 
 1787.] WITH FRANCE. 407 
 
 hinder her by any means freely to profecute the voy- 
 age on which flie was bound. 
 
 XXVII. On the contrary, it is agreed, that whatever 
 Jhall be found to be laden by the fubjefts and inhabi- 
 tants of either party, on any fhip belonging to the 
 enemy of the other, and his fubjects, the whole, al- 
 though it be not of the fort of prohibited goods, may 
 be confifcated, in the fame manner as if it belonged to 
 the enemy himfelf -, except thofe goods and merchan- 
 dizes as were put on board fuch fhip before the de- 
 claration of war, or even after fuch declaration, if fo 
 be it were done within the time and limits following ; 
 that is to fay, if they were put on board fuch fhip, 
 in any port and place within the fpace of fix weeks 
 after fuch declaration, within the bounds called the 
 Naze in Norway, and the Soundings; of two months, 
 from the Soundings to the city of Gibraltar ; of ten 
 weeks, in the Mediterranean feaj and of eight months, 
 in any other country or place in the world : fo that the 
 goods of the fubjefts of either Prince, whether they be 
 of the nature of fuch as are prohibited, or otherwife, 
 which, as is aforefaid, were put on board any fhip be- 
 longing to an enemy before the war, or after the decla- 
 ration of the fame, within the time and limits above r 
 faid, fhall no ways be liable to confifcation, but fhall 
 well and truly be reftored without delay to the pro- 
 prietors demanding the fame; but fo as that if the 
 laid merchandizes be contraband, it fhall not be any 
 ways lawful to carry them afterwards to the ports be- 
 longing to the enemy. 
 
 XXVIII. And, that more abundant care may be 
 taken for the fecurity of the fubjects of both their 
 moft Serene Royal Majefties, that they fuffer no 
 injury by the men of war or privateers of the other 
 party, all the commanders of the fhips of the Queen 
 of Great Britain, and of the moft Chriftian King, and 
 all their fubjecls, fhall be forbid doing any injury or 
 damage to the other fide; and if they aft to the con- 
 
 D d 4 trary,
 
 4 oS TREATIES [1259 
 
 trary, they fhall be punifhed, and fhall moreover be 
 bound to make fatisfacticn for all caufe of damage, 
 and the intereft thereof, by reparation, under the bond 
 and obligation of thiir perfon and goods. 
 
 XXIX. For this caufe, all commanders of priva- 
 teers, before they receive their patents or fpecial com- 
 miflions, (hall hereafter be obliged to give, before a 
 competent judge, fufficient lecurity by good bail, who 
 are men able to pay, and have no intereft in the laid fiiip, 
 .and are each bound in the whole for the fum of 1,500 /. 
 fterling, or 16,500 Hires Tcurnois-, or, if fuch fhip be 
 provided with above one hundred and fifty feamen or 
 foldiers, for the fum of 3,000 /. ilcrlinn;, or 33,000 
 iivres Vcurnois, that they will make entire fatibfaction 
 for any damages and injuries whatfoever, which they, 
 or their officers, or others in their fervice, commit 
 during their courfe at fea, contrary to this prefcnt 
 treaty, or the edicts of either of their mod Serene 
 Royal Majefties publifhed by virtue thereof; under 
 penalty likewife of having their fpecial commiflions and 
 patents revoked and annulled. 
 
 XXX. Both their above-named Royal Majefties 
 being willing to (hew a mutual and equal favour, in 
 all their dominicns refpectivcly, to the fubjects of each 
 other, in the fame manner as if they were their 
 fubjccls, will give fuch orders as fhall be neccflary and 
 effectual, that juftice be adminiftered concerning prizes 
 in the court of admiralty, according to the rule of 
 equity and right, and the articles of this treaty, by 
 judges who aie above all fufpicion, and who have no 
 manner of intereft in the caufc in difpute. 
 
 XXXI. Whtnfocver die ambafiadors of each of 
 their Royal Majefties above-named, and other their 
 minifters, having a public character, and refiding in 
 the court of the other Prince, fhall complain cf the 
 unjuftnefs of the fcntences which have been given, 
 their Majefties on each fide lhall take care that the 
 lame be revifed and re-examined in their refpective 
 
 councils,
 
 1787.] WITH FRANCE. 409 
 
 councils, that it may appear whether the directions and 
 provifions prefcribed in this treaty have been obferved, 
 and have had their due effect : they fhail likewife take 
 care that this matter be effectually provided for, and 
 that right be done to every complainant within the 
 fpace of three months. However, before or after 
 judgment given, the revifion thereof ftill depending* 
 for the avoiding of all damage, it lhall not be lawful 
 to fell the goods in difpute, or to unlade them, unlefs 
 with the confent of the perfons concerned. 
 
 XXXII. A fuit being commenced between the cap- 
 tors of prizes on one part, and the reclaimers of the 
 fame on the other, and a fentence or decree being 
 given in favour of the reclaimer, that fame fentence 
 or decree, fecurity being given, fhall be put in exe- 
 cution, the appeal of the captor to a fuperior judge in 
 any wife notwithftanding ; which, however, is not to 
 be obferved when judgment has been given againft the 
 reclaimers. 
 
 XXXIII. In cafe that either fhips of war, or mer- 
 chantmen, forced by ftorm, or other misfortune, be 
 driven on rocks or fhelves on the coafts of one or 
 the other party, and are there broken to pieces and 
 fhipwrecked, whatever part of the fhips or tackling 
 thereof, as alfo of the goods and merchandizes, jhall 
 be faved, or the produce thereof fhall be faithfully 
 reftored to the proprietors, reclaimers, or their fac- 
 tors, paying only the expences of preferving the fame, 
 in fuch manner as it may be fettled on both fides 
 concerning die rate of falvage; faving, at the fame 
 time, the rights and cufloms of each nation : and both 
 their moft Serene Royal Majeflies will interpofe their 
 authority, that fuch of their fubjects may be feverely 
 punifhed, who in the like accident fhall be found 
 guilty of inhumanity. 
 
 XXXIV. It fhall be free for the fubjects of each 
 to employ fuch advocates, attornies, notaries, 
 
 and factors, as they fhall think fit -, to which 
 
 end
 
 4 TO TREATIES [1259 
 
 end the faid advocates, and others abovementioned, 
 ma/ be appointed by the ordinary judges, if it be 
 needful, and the judges be required thereunto. 
 
 XXXV. And, that commerce and navigation may 
 be more fecurely and freely followed, it is further 
 agreed, that neither the Queen of Great Britain, nor 
 the mod Chriftian King, fhail receive any pirates 
 and robbers into any of their ports, havens, cities, or 
 towns, neither fhall they permit them to be received 
 into their ports, to be protected or affifted by any man- 
 ner of harbouring or fupport, by any the fubjects or 
 inhabitants of either of them; but they fhall rather 
 caufe all fuch pirates and fea- robbers, or whoever fhall 
 receive, conceal, or affift thu^-,, to be apprehended and 
 punifhed as they dcferve, for a terror and example to 
 others. And all the (hips, goods, or merchandizes, 
 being piratically taken by them, ami brought into the 
 ports of the kingdom of either, as much as can be 
 found, although they have vby falc been conveyed to 
 others, fhall be reflored to the lawful owners, or their 
 deputies, having inftruments of delegation, and an 
 authority of procuration for reclaiming the fame; and 
 indemnifation /hall be made, proper evidence being 
 firft given in the court of admiralty for proving the 
 property. And all fhips and merchandizes, of what 
 nature foever, which can be refcued out of their Jiands 
 on the high feas, (hall be brought into fomc port of 
 either kingdom, and fhall be delivered to the cuftody 
 of the officers of that pert, with this intention, that they 
 be delivered entire to the true proprietor, as fbon as 
 due and fufficient proof fhall have been made con- 
 cerning the property thereof. 
 
 XXXVI. It fhall be lawful, as well for the fhips of 
 war of both their mod Serene Royal Majefties, as for 
 privateers, to carry whitherfoever they pleafe the fhips 
 and goods taken from their enemies, neither fhall they 
 be obliged to pay any tiling to the officers of the ad- 
 miralty, or to any other judges ; nor fhall the afore- 
 mentioned prizes, when they come to and enter the 
 
 ports
 
 1787.] WITH FRANCE, 411 
 
 ports of either of their moft Serenje Royal Majefties, 
 be detained by arreft, neither fhall fearchers, or other 
 officers of thofe places, make examination concern- 
 ing them, or the validity thereof; but rather they 
 fhall have liberty to hoift fail at any time, to de- 
 part, and to carry their prizes to that place which is 
 mentioned in their commiffion or patent, which the 
 commanders of fuch fhips of war fhall be obliged to 
 Ihew: on the contrary, no flicker or refuge fhall be 
 given in their ports to fuch as have made a prize upon 
 the fubjects of either of their Royal Majefties. And 
 if perchance fuch fhips fhall come in, being forced by 
 ftrefs of weather, or the danger of the fea, particular 
 care fhall be taken (as far as it is not repugnant to 
 former treaties made with other Kings and States) that 
 they go from thence, and retire elfewhere, as foon as 
 poffible. 
 
 XXXVII. Neither of their moft Serene Royal 
 Majefties fhall permit that the fhips or goods of the 
 other be taken upon the coafts, or in the ports or 
 rivers of their dominions, by fhips of war, or others 
 having commifTion from any Prince, Commonwealth, 
 or town whatfoever ; and in cafe fuch a thing fhould 
 happen, both parties lhall ufe their authority and united 
 force that the damage done be made good. 
 
 XXXVIII. If hereafter it fhall happen, through 
 inadvertency, or otherwife, that any contraventions or 
 inconveniences, on either fide, arife concerning the ob- 
 fervation of this treaty, the. friendfhip and good intel- 
 ligence fhall not immediately thereupon be broke off; 
 but this treaty fhall fubfift in all its force, and a proper 
 remedy for removing the inconveniences fhall be pro- 
 cured, as likewife reparation of the contraventions; and 
 if the fubjects of the one or the other be found in fault, 
 they only fhall be feverely punifhed and chaftifed. 
 
 XXXIX. But if it fhall appear that a captor made 
 ufe of any kind of torture upon the mafter of the fhip, 
 the fhip's crew, or others who fhall be on board any 
 
 fhip
 
 4 u TREATIES [1259 
 
 fhip belonging to the fubje<5h of the other party; in 
 fuch cafe, not only the Ihip itfelf, together with the 
 peribns, merchandizes, and goods whatsoever, fhall be 
 forthwith releafed without any further delay, and fet 
 entirely free, but alfo fuch as fhall be found guilty of 
 ib great a crime, as alfo the accefiaries thereunto, fhall 
 fuffer the moft fcvere punifhment, fuitable to their 
 crime: this the Queen of Great Britain, and the moil 
 Chriftian King, do mutually engage fhall be done, 
 without any rcfpeft of perfons. 
 
 Form of the PaJJports to be defer ed of, and given by, 
 the Lord High Admiral of Great Britain, &c. or 
 by the Ij)rds Commtffioners for executing the Office of 
 1 Ugh Admiral of Great Britain, &V. according to the 
 Direction of the twenty -firft Article of this Treaty. 
 
 TO all to whom thefe prefents (hall come, greeting. 
 We high admiral of Great Britain, &c. 
 
 (or) We commiflioners for execut- 
 
 ing the office of high admiral of Great Britain, &c. do 
 make known and teilify by thcfe prefents, That ;L B. 
 of C. the ufual place of his dwel- 
 
 ling, matter or commander of the fhip called D. 
 appeared before us, and declared by folcmn oath, (or) 
 produced a certificate under the feal of the magiftrate,or 
 of the officers of the cufloms of the town and port of E. 
 
 Dated the day of the month of 
 
 in the year of our Lord 17 of and concerning the 
 oath made before them, that the faid fhip and vef- 
 fel D. burthen tons, whereof he him- 
 
 felf is at this time mailer or commander, doth really 
 and truly belong to the fubjefts of her mcfl Serene 
 Majefty our moft gracious Sovereign. And where- 
 as it would be moil acceptable to us, that the faid 
 mailer or commander ihould be affifted in the af- 
 fairs wherein he is juftly and honeftly employed, we 
 defire you, and all and every of you, that wherefo- 
 ever the faid mailer or commander fhall bring his 
 (hip, and the goods on board thereof, you would cauic 
 
 him
 
 ,787.] WITH FRANCE. "413 
 
 him to be kindly received, to be civilly treated, and 
 in paying the lawful and accnftomed duties, and other 
 things, to be admitted to enter, to remain in, to de- 
 part out of, your ports, rivers, and dominions, and to 
 enjoy all manner of right, and all kind of navigation, 
 traffic, and commerce, in all places where he ihali 
 think it proper and convenient. For which we fhall 
 always be moft willing and ready to make returns to 
 you in a grateful manner. In witnefs and confirm- 
 ation whereof, we have figned thefe prelents, and 
 cauled our leal to be put thereunto. Given at 
 the day of the month of 
 
 in the year 1 7 
 
 Form of the Certificates to be required of, and to be 
 given by, the Magiftrate, or Officers of the Ctiftoms, 
 of the 'Town and Port, in their refpeffive Towns and 
 Ports, to the Ships and Veffets which fail from 
 thence, according to the Direction of the twenty-frft 
 Article of this prejent 'Treaty. 
 
 WE A. B. magiftrate (or) officers 
 
 of the cuftoms of the town and port of C. 
 do certify and atteft, That on the day of 
 
 the month of in the year of our Lord 
 
 17 D. E. of F. perfonally appeared 
 
 before us, and declared by a lolemn oath, that the ihip 
 or veffel called G. of about 
 
 tons, whereof PL I. of K. his ufual place of habi- 
 tation, is mafter or commander, does rightfully and 
 properly belong to him and others, fubjecls of her moft 
 Serene Majefty our moft gracious Sovereign, and to 
 them alone; that fhe is now bound from the port of 
 JL. to the port of M. laden with 
 
 the goods and merchandizes hereunder particularly 
 defcribed and enumerated, that is to fay, as follows : 
 In witnefs whereof, we have figned this certificate, 
 and fealed it with the feal or' our office. Given 
 the day of the month of 
 
 in the year of our Lord 1 7 
 
 Form
 
 TREATIES [1259 
 
 Form of the Paffports and Letters which are to be 
 given t in the Admiralty of France, to the Ships and 
 Barks which faall go from thence, according to the 
 twenty-firft Article of this prejent 'Treaty. 
 
 LEWIS, Count of Thouloufe, Admiral of France, 
 to all who (hall fee thefc prcflnts, greeting. We make 
 known, that we have given leave and pcrmifTion to 
 matter and commander of the (hip 
 called of the town of burthen 
 
 tons, or thereabouts, lying at prcfent in the 
 port and haven of and bound for 
 
 and laden with after that his (hip has 
 
 been vifited, and before failing, he (hall make oatli 
 before the officers who have the jurifdiclion of mari- 
 time affairs, that the faid fhip belongs to one or more 
 of the fubjefts of his Majefty, the act whereof (hall be 
 put at the end cf thefe prcfents; as likewife that he 
 will keep, and caufe to be kept by his crew on board, 
 the marine ordinances and regulations, and enter in the 
 proper office a lift figned and witnefled, containing the 
 names and furnames, the places of birth and abode 
 of the crew of his fhip, and of all who (hall embark 
 on board her, whom he (hall not take on board with- 
 out the knowledge and permiflion of the officers of 
 the marine j and in every port or haven where he (hall 
 enter with his (hip, he (hall (hew this prefent leave to 
 the officers and judges of the marine, and fhall give a 
 faithful account to them of what pafled and was done 
 during his voyage. And he (hall carry the colours, 
 arms, and enfigns of the King, and of us, during his 
 voyage. In witnefs whereof, we have figned thefe 
 prefents, and put the feal of our arms thereunto, and 
 caufed the fame to be counterfigned by our fecretary 
 of die marine, at the day of 
 
 17 Signed LEWIS, Count of Thou- 
 
 Icufe i and underneath, by 
 
 Form
 
 1787.] WITH FRANC ]S. 41$ 
 
 Form cf the AR containing the Oath. 
 
 W E of the admiralty of 
 
 do certify, That matter of the Ihip named 
 
 in the above palTport, has taken the oath mentioned 
 therein. Done at the day of 
 
 XL. The prefent treaty lhall be ratified by the 
 
 Queen of Great Britain, and by the moft Chriflian 
 
 King, and the ratifications thereof lhall be duly ex- 
 
 changed at Utrecht within four weeks, or fooner if 
 
 offible. 
 
 XLI. In witnefs whereof, we the underwritten 
 AmbarTadprs Extraordinary and Plenipotentiaries of 
 the Queen of Great Britain, and of the moft Chrif- 
 tian King, have fet our hands and feals to this prefent 
 treaty, at Utrecht, the 4-4- day of 1 ~j, in the year of 
 of our Lord 1713. 
 
 (L, S.) Job. Brtfcl, C. P. S. (L. S.) Huxelles. 
 (L.S.) Strafcrd. (L.S.) Mefnagar. 
 
 ANNE R. 
 
 ANNE, by the grace of God, Queen of Great 
 Britain, France, and Ireland, Defender of the Faith, 
 &c.j to all and fingular to whom thefe preients lhall 
 come, greeting. Whereas the congrefs that was held 
 at Utrecht in the beginning of the laft year, for mak- 
 ing a general peace, has been drawn out into length 
 above thefe fourteen months, by various obftacles 
 which have been thrown in the way, contrary to our 
 hopes and wilhes 3 but now, by the favour and good- 
 nefs of Almighty God (who has been pleafed to in- 
 fpire the love of concord more ftrongly into the breafts 
 of the parties engaged in war) it feems happily to tend 
 towards the end fo long defired, and fo neceflary for 
 the tranquillity and welfare of Europe - 3 we having at 
 2 laft
 
 4 t6 TREATIES [1259 
 
 laft adjufted, with our good brother the moft Chriftian 
 King, our matters on both fides, relating both to peace 
 and to commerce, to the end that our Minifters, who 
 have hitherto, under the title of Plenipotentiaries, ap- 
 plied themfelves, with our higheft approbation, to the 
 dilcharge of this employment, may with greater iplen- 
 dor put an end to this moft wholefome work, have 
 thought fit to give them the moft honourable character 
 of our Ambafladors Extraordinary. Now know ye, 
 that we repofing efpecial confidence in the loyalty, in- 
 duftry, experience, and fagacity in managing matters 
 of great importance, of the Right Reverend Father in 
 God our right trufty and well-beloved counfellor John 
 Bifliop of Briftol, Keeper of our Privy Seal, Dean of 
 Windfor, and Regifter of our moft Noble Order of 
 the Garter ; and of our right trufty and right well be- 
 loved coufin and counfellor Thomas Earl of Straf- 
 ford, Vifcount Wentworth of Wentworth Woodhoufe 
 and Stainborough, Baron of Raby, Lieutenant Gene- 
 ral of our forces, Firft Ccmmiflioner of our Admiralty, 
 Knight of our moft Noble Order of the Garter, and 
 our Ambaflador Extraordinary and Plenipotentiary to 
 the High and Mighty Lords the States General of 
 the United Netherlands, have named, made, and 
 conftituted them, as by thefe prefents we do name, 
 make, and conftitute them, our true, certain, and 
 undoubted Ambafladors Extraordinary, Commiflaries, 
 Procurators, and Plenipotentiaries, giving and granting 
 to them, jointly and feparately, all and all manner of 
 power, faculty, and authority, as alfo both general 
 and fpecial order (but fo as the general do not dero- 
 gate from the fpecial, nor on the contrary) to meet 
 and confer in the city of Utrecht, or in any other 
 place, with the Ambafladors Extraordinary and Ple- 
 nipotentiaries which the faid moft Chriftian King (hall 
 have deputed on his part, being furnifhed with fuffi- 
 cient authority, and to treat, agree, and conclude con- 
 cerning the adjufting, in the moft friendly manner, 
 the conditions of navigation and commerce between 
 our
 
 1787.] WITH FRANCE. 417 
 
 our fubjefts and thofe of the faid moft Chriftian King; 
 and to fign for us, and in our name, all fuch things 
 as fhall be fo agreed and concluded ; and to make out 
 fuch and fo many inftruments of what is concluded, 
 as fhall be necerTary, and to exchange and mutually 
 receive the fame ; and generally to do and perform all 
 fuch things as they lhall judge neceffary, or any way 
 conducible towards making and fettling the conditions 
 of navigation and commerce, as is abovefaid, in as 
 ample manner and form, and with the like force and 
 effect, as we ourfelves might do and perform, if we 
 were prefent ; engaging and promifing, on our Royal 
 word, that we will accept, approve, and ratify, in 
 the fame manner and form as they have been agreed, 
 all and every thing that by virtue of thefe prefents 
 fhall happen to be tranfacted, concluded, and figned 
 by our faid AmbarTadors Extraordinary, CommirTa- 
 ries, Procurators, and Plenipotentiaries, jointly or 
 feparately. In witnefs and confirmation whereof, we 
 have commanded our great feal of Great Britain to 
 be affixed to thefe prefents, figned with our Royal 
 hand. Given at our palace of St. James's, the 24th 
 day of the month of March, in the year of our Lord 
 174-y, and of our reign the twelfth. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all who fhall fee thefe prefents, greet- 
 ing. Whereas we have omitted nothing for contri- 
 buting with all our might towards the re-eftablilh- 
 ment of a fincere and Iblid peace ; and as our moft 
 dear and moft beloved fifter the Queen of Great Bri- 
 tain has fhewn the fame defire ; and as there is room 
 to hope, that the conferences which are held at 
 Utrecht, for attaining to fo clefirable a good, will in 
 a little time have a happy irTue ; and being willing 
 likewife to apply all our care for promoting the effe6b 
 thereof, and repofing entire confidence in the capaci- 
 ty, experience, zeal, and fidelity for our fervice, of 
 our moft dear and well-beloved coufin the Marquis 
 . VOL. I. Ee , d'Huxelles,
 
 4 i8 TREATIES [1259 
 
 , Marftval of France, Knight of our Or- 
 ders, and our Lieutenant General of the government of 
 Burgundy, and of our deaj and well-beloved the Sieur 
 Mdhagcr, Knight of our Order of St. Michael. For 
 thefe caufes, and other good confiderations us hereunto 
 moving, we have commiflioned, ordained, and depu- 
 ted, as by thefe prefents, figncd with our hand, we do 
 commiiTion, Qrdain, and depute the fajd Sieurs Mar- 
 ihal d'J-luxclles antt Manager, and have given, and 
 do give to diem full power, commifijon, and fpecial 
 command, in quality of our AmbafTadors Extraordi- 
 nary, and our Plenipotentiaries, to confer, negotiate, 
 and treat with die Ambafladors Extraordinary, Ple- 
 nipotentiaries of our faid filler, provided with her 
 powers in due form, to agree, conclude, and fign fuch 
 treaties of commerce, articles, and conventions, as 
 they (hall fee good. We will tliat in cafe of ablencr 
 of one of them by ficknds, or through any other lawful 
 caufe, the other have the lame power to confer, ne- 
 gotiate, treat, agree, conclude, and fign fuch treaties 
 of commerce, articles, and conventions, as fhall be 
 agreeable to the good which we propofc to ourfclves, 
 and to the reciprocal advantage of our fubjefts, fo that 
 our faid Ambaflfadors Extraordinary and Plenipotcn- 
 tiaries may aft, in all which fhall belong to the ne- 
 gotiation with our fajd fitter, with the fame authority 
 as we mould and. might do, if we were prelent in per- 
 fon, although there mould be fomething which might 
 require a more fpecial order than is contained in theJfe 
 prefects. \Ve promiie, on the fiith and word of a 
 King, to approve, and to keep firm and lading for 
 c\ c r, to fulfil and execute punctually, all that die laid 
 Sieurs Marfhal d'Huxelles and Meihager, or one of 
 th/em, in the faid cafes of alMence, or of ficknefs, fiiall 
 ftipulate, promife, and fign, by virtue of this prefent 
 power, without ever afting contrary thereto, or per- 
 mitting that any thing be done tu the contrary, on, 
 any caufe, or under any pretence whatlbevcr i as hke- 
 to caufe our letters ratifying the fame to be dif- 
 
 patched,
 
 I 7 37.] *ITH FRANCE. 
 
 patched, in good form, and to caufe them to be de- 
 livered, in order to be exchanged, within the time 
 which fhall be agreed oh by the treaties to be made. 
 For this is our pleafure. In witnefs whereof, we have 
 caiifed our feal' to ' be affixed to thefe prefents. Given 
 at Verfailles, the fourth day of March, in the year of 
 our Lord 17 1 3, and of our reign the feventieth. Signed 
 LEWIS j< and on the fold, By the King. Colbert. 
 
 BE it known unto all men, that whereas in the 
 ^th article of the treaty of commerce, concluded this 
 day between the moft Serene Queen of Great Bri- 
 tain and the moft Serene the moft Chriftian King, by 
 their Majefties AmbafTadors Extraordinary and Ple- 
 nipotentiaries, mention is made of fome heads of mat- 
 ters, which being propofed on the part of Great Bri- 
 tain, have not as yet been mutually adjufted; and' 
 therefore it was thought fit to refer them to be dif- 
 cufled and determined by commiffioners: we there-' 
 fore, the under-written Ambafladors, that it may cer- 
 tainly appear. what are thofe heads of matters which 
 are to be 1 referred to commiffioners, have refolved to 
 .give a particular defcription of them in this writing; 
 declaring that they are the fame, and no other than 
 what follow : 
 
 I. No manufactures of either kingdom, and the 
 dominions belonging thereunto, fhall hereafter be fub- 
 ject to be infpected and confifcated, under any pre-' 
 tence of fraud or defect in making or working them, 
 or becaufe of any other imperfection therein ; but ab- 
 folute freedom fhall be allowed to the buyer and fel-i 
 ler, to bargain and agree for the fame as they fliall 
 fee good; any law, itatute, edict, arreft, privilege, 
 grant, or cuftom, to the contrary notwithftanding. 
 
 it. And forafmuch as a certain ufage, not con- 
 firmed ' by any" law, has obtained in fever al towns of 
 Great Britain and of France ; that is to fay, that every 
 one, for coming in, and going out, fhall pay a kind' 
 E e 2 of
 
 420 TREATIES [1259 
 
 of tax, called in Englifh, Head-Money, and in French, 
 t)u Chef; it is concluded, that neither the fame, nor 
 any other duty on that account, fhall any more be 
 exacted. 
 
 III. And the Britifh merchants fhall not hereafter 
 be forbidden to fell the faid tobacco to any buyer 
 whom they pleafe ; for which purpofe, the letting out 
 the duties on the faid tobacco to farmers, which has 
 been hitherto practifed, fhall ceafe, neither (hall fuch 
 farming be ufed again hereafter. 
 
 IV. The following cafe only being exceptcd, that 
 is to fay, where Britifh (hips fhall take up merchan- 
 dizes in one port, and carry them to another port of 
 France, in which cafe, and in no other, the Britifh 
 fubjects fhall be obliged to pay die duties abrogated 
 and abolifhed by this article, only in proportion to the 
 goods which they take in, and not according to the 
 Bulk of the fhip. 
 
 V. Whereas feveral kinds of goods, contained in 
 cafks, chtfts, or other cafes, for which the duties are 
 paid by weight, will be exported from, and imported 
 into, France by Britifh fubjects, it is therefore agreed, 
 that in fuch cafe the aforefaid dudes fhall be payable 
 only according to die weight of the goods themfclvcs ; 
 but the weight of the cafks, chefts, and other cafes 
 whatever, fhall be deducted in fuch manner, and in 
 fuch proportion, as has been hitherto in ufe in Eng- 
 land, and is ftill praclifed. 
 
 . VI. It is further agreed, that if any miflake or error 
 fhall on either fide be committed by any mafter of a 
 fhip, his interpreter, or factor, or by others employed 
 ty him, in making the entry or declaration of the 
 goods on board his fhip, for fuch defect, if fo be fome 
 fraud does not evidently appear, neither the fhip nor 
 the lading thereof fhall be fubject to be confifcated, 
 but it fhall be free for the proprietors to take back 
 again fuch goods as were omitted in the entry or de- 
 claration
 
 WITH FRANCE. 421* 
 
 claration of the matter of the fhip, paying only the ac- ' 
 cuflomed duties according to the rates fettled in the 
 books; neither fhall the merchants, or the mailer of 
 the (hip, lofe the faid goods, or fuffer 'any other pu- " 
 nifhment, if fo be that the faid goods, fo omitted, were ' 
 not brought on fhore before the declaration made, and 
 the cuftoms paid for the fame. ?fc</ tdfr A;* 
 
 VII. And whereas the quality of the fhip, matter, ' 
 and goods, will fufficiently appear from fuch, paflports ' 
 and certificates, it fhall not be lawful for the comman- ' 
 ders of men of war to exact any other verification, un- 
 der any title whatfoever. But if any merchant fhip 
 fhall want fuch paflports or certificates, then it may 1 
 be examined by a proper judge, but in fuch manner 
 as, if it lhall be found, from other proofs and docu- 
 ments, that it does truly belong to the fubjects of either 
 of the confederates, and does not contain any prohi- 
 bited goods, defigned to be carried to the enemy of 
 the other, it fhall not be liable to confiscation, but 
 fhall be releafed, together with its cargo, in order to 
 proceed on 'its voyage, fince it may often happen that 
 fuch papers could not come to .the fhip when (he was 
 fetting fail from any port, or that they frave been loft 
 by fome chance or other, or that they have been taken 
 away from the fhip. And if, befides the paflports 
 2nd certificates made according to the form of their 
 treaty, other paflports and certificates happen to be 
 found in the fhip, in another form, and perhaps ac- 
 cording to the prefcription of treaties made with 
 others, no pretence fhall be taken from thence of 
 detaining, or in any wife molefting, either the fhip, 
 or men, or goods. If the mafter of the fhip named, 
 in the paflports be removed by death, or any other 
 caufe, and another be put in his place, the paflports 
 fhall neverthelefs retain their force, and the fhips, and 
 goods laden thereon, fhall be fecure. 
 . VIII. It is further provided on both fides, and fhaU 
 fee taken for a general rule, that a fhip and- goods,- 
 ajthough they have remained in the enemy's power for 
 E e 3 four
 
 T & E A T I p S 1159 
 
 four and twenty hours, ftiall not therefore be efteemed 
 as capture, and be immediately made prize ; but if, 
 on other accounts, they ought to be reftored, they may 
 be reclaimed, and fhall be given again to the propri- 
 etors. 
 
 JX. It (hall be free for both their Royal Majefties, 
 for the advantage of their fubjefts trading to the king- 
 doms and dominions of the other, to conftitute na- 
 tional confuls of their own fubjects, who fhall enjoy 
 that right and liberty which belongs to them by rea- 
 fon of the exercife of their function -, but as to the 
 places where fuch confuls are to be appointed, both 
 fides fhall afterwards agree between diemfclves. 
 
 In witnefs whereof, we the AmbafTadors Extraor- 
 dinary and Plenipotentiaries of her Sacred Royal 
 Majefty of Great Britain, and of his Sacred 
 Royal mod Chriftian Majefty, have fubfcribed 
 this prefent inftrument with our hands, and let 
 our fcals thereunto. At Utrecht, the 44- day of 
 the month of ~, in the year 1713. 
 
 (L. S.) Job. Bri/lol, C. P. S. (L. S. Huxelbs. 
 (L. S.) Strafferd. (L. S.) Mefnager. 
 
 B E it known unto all men, that whereas, in the 
 ^th article of the treaty of navigation and commerce, 
 concluded the 44 day of-^j 1 , 1713, between the moft 
 Serene Queen of Great Britain, and the moft Se- 
 rene the moft Chriftian King, by the Ambaflfadors 
 Extraordinary and Plenipotentiaries of their Majef- 
 ties, certain merchandizes, namely, woollen manufac- 
 tures, fugar, falt-fifh, and what is produced from 
 whales, are excepted in general words from the rule 
 of the tariff made the iSth day of the month of Sep- 
 tember, in the year 1664, in order to be afterwards 
 referred to the difcufllon of commiflaries; to prevent 
 therefore aJl miftakes and ambiguity, which might 
 
 perhaps
 
 I787-] WITH &A-Ndfe. 
 
 perhaps arife from fuch general terms, and to make 
 it more evidently appear what particular forts of goods 
 are to come under the confideration of the aforefaid 
 commifTaries, we the under- written AmbafTadors Ex- 
 traordinary and Plenipotentiaries have declared by 
 thefe prefents, and do declare, that the exception of 
 the above-mentioned merchandizes is to be uricteritood 
 in the manner following. 
 
 I. Whalebone cut and prepared, fins and oils of 
 whales, lhall pay, at all places of importation in the 
 kingdom, the duties appointed by the tariff of the yth 
 of December, 1699. 
 
 II. Cloths, ratines, and ferges, fhall be likewife 
 fubjecl: to the fame duties of the tariff of the 7th of 
 December, 16995 and in order to facilitate the trade 
 thereof, it fhall be allowed to import them by St. Va- 
 lery upon the Somme, by Rouen, and by Bourdeaux, 
 where thefe goods fhall be fubjedl: to vifitation in the 
 fame manner as thofe which are made in the king- 
 dom. ';'" 
 
 III. Salt-fifh in barrels only is to be imported into 
 the kingdom j and at all places of entrance in the 
 kingdom, countries, and territories under the dominion 
 of the King, even at all free ports, the dunes of 
 landing and of confumption fhalt be paid which were 
 appointed before the tariff of 1664, and befides 40 
 livres per laft, confifting of 1 2 barrek, weighing each 
 300 Ib. for the duty of entry ; which entry 'fhall not 
 be permitted but by St. Valery upon the Somme^ 
 Rouen, Nants, Libourn, and Bourdeautf, and fhali 
 remain prohibited at all other harbours or ports, a3 
 well in the ocean as in the Mediterranean. 
 
 IV. Refined fugar in loaf or in powder, white and 
 brown fugar-candy, lhall pay the duties appointed by 
 the tariff of 1699. 
 
 In confirmation of which, we the under- written Am- 
 
 bafladors Extraordinary and Plenipotentiaries of 
 
 E e 4 her
 
 TREATIES [1159 
 
 her Majefty the Queen of Great Britain, and the 
 . .molt Chriftian King, have figned and fealed thefe 
 prefents, at Utrecht, the V da Y of -^-', in the 
 year 1713. 
 
 (L. S.) Job. Brifol, C. P. S. (L. S.) Huxelles. 
 (L. S.) Strafford. (L. S.) Mejnager. 
 
 [The treaty of AIX-LA-CHAPELLE, 1748, is printed 
 from the copy which was publifhcd by authority 
 in 1749.] 
 
 'The Definitive Treaty of Peace and Friendjhip between 
 bis Britannic Majefty y the mojl Chriftian King, and 
 the States General of the United Provinces ; con- 
 cluded at Aix-la-Chapelle, tbe iltb Day ofOfto- 
 ber, N. S. 1748 ; to which tbe Emprefs >ueen of 
 Hungary, tbe Kings of Spain and Sardinia, 'tbe 
 Duke of Modena, and the Republic of Genoa, 
 bave acceded. 
 
 In the name of the moft holy and undivided Trinity, 
 the Father, Son, and Holy Ghoft. 
 
 B E it known to all thofe whom it fhall or may 
 concern, in any manner whatfoever. Europe fees the 
 day, which the Divine Providence had pointed out 
 for the re-eftablifliment of its repofe. A general 
 peace fucceeds to the long and bloody war, which 
 had arofe between the molt Serene and moft Potent 
 Prince George II. by the grace of God, King of 
 Great Britain, France, and Ireland, Duke of Brunf- 
 wick and Lunenbourg, Arch-Treafurer and Elector 
 of the Holy Roman Empire, &c. and the moft Se- 
 rene and moft Potent Princcfs Mary Therefia, by the 
 grace of Gcd, Queen of Hungary and Bohemia, &c. 
 Emprefc of the Romans, on the one part; and the 
 moft Serene and moft Potent Prince Lewis XV. 
 by the grace of God, the moft Chriitian King, on the 
 Other 3 as alfo between the King of Great Britain, the 
 
 Emprds
 
 1787.] WITH FRANCE. 425 
 
 Emprefs Queen of Hungary and Bohemia, and the 
 moft Serene and moft Potent Prince Charles Emanuel 
 III. by the grace of God, King of Sardinia, on the 
 one part, and the moft Serene and moft Potent Prince 
 Philip V. by the grace of God, King of Spain and 
 the Indies (of glorious memory) and after his de- 
 ceafe, the moft Serene and moft Potent Prince Ferdi- 
 nand VI. by the grace of God, King of Spain and the 
 Indies, on the other : in which war the High and 
 Mighty Lords the States General of the United Pro- 
 .yinces. of the Low Countries had taken part, as aux- 
 iliaries to the King of Great Brkain and the Em- 
 prefs Queen of Hungary and Bohemia ; and the moft 
 Serene Duke .of Modena, and the moft Serene Re- 
 public of Genoa, as auxiliaries to the King of Spain. 
 God, in his mercy, made known to all thefe Pow- 
 ers, at the fame time, the way which he had decreed 
 for their reconciliation, and .for the reftoration of 
 tranquillity to the people, whom he had fubjected to 
 their government. They fent their Minifters to 
 Aix-la-Chapelle, where thofe of the King of Great 
 Britain, his moft Chriftian Majefty, and of the States 
 General of the United Provinces, having agreed upon 
 preliminary conditions for a general pacification ; and 
 thofe of the Emprefs Queen of Hungary and Bohe- 
 mia, of his Catholic Majefty, of the King of Sardi- 
 nia, of the Duke of Modena, and of the Republic of 
 Genoa, having acceded thereunto, a general ceffation 
 of hoitilities, by fea and land, happily enfued. In 
 order to complete, at Aix-la-Chapelle, the great work 
 of a peace, equally ftable and convenient for all par- 
 ties, the high contracting Powers have nominated, ap- 
 pointed, and provided with their full powers, the 
 moft jlliiftrious and moft excellent Lords their Am- 
 bafiadors Extraordinary and Minifters Plenipoten- 
 tiary, viz. his Sacred Majefty the King of Great Bri- 
 tain, John Earl of Sandwich, Vifcount Hinchinbrook, 
 Baron Montagu of St. Neots, Peer of England, Fjrft 
 JLord Commifiioner of the Admiralty, one of the 
 
 Lords
 
 TREATIES [1259 
 
 Lords Regents of the kingdom, his Minifter Pleni- 
 potentiary to the States General of the United Pro- 
 vinces, and Sir Thomas Robinfon, Knight of the 
 moft honourable Order of the Bath, and his Minifter 
 Plenipotentiary to his Majefty the Emperor of the 
 Romans, and her Majefty the Kmprets Queen of, 
 Hungary and Bohemia. 
 
 His Sacred moft Chriftian Majefty, Alphonfo Ma- 
 ria Lewis Count de St. Severin of Arragon, Knight 
 of his Orders, and John Gabriel de la Porte du 
 Theil, Knight of the Order of our Lady of Mount 
 Carmel, and of St. Lazarus of Jerufalem, Counfellor 
 of the King in his Councils, Secretary of the Cham- 
 ber, and of the Cabinerof his Majefty, of the Orders 
 of the Dauphin, and of Mefdames of France. 
 
 Her Sacred Majefty the Kmprefs Queen of Hun- 
 gary and Bohemia, Wenceflaus Anthony Count of 
 Kaunitz Rittberg, Lord of Eflens, Steddtlorff, Witt- 
 mund, Aufterlitz, Hungrifchbrod, Wite, ec. actual 
 intimate Counfellor of State to their Imperial Ma- 
 jefties. 
 
 His Sacred Catholic Majefty, the Lord Don James 
 Ma/Tone de Lima and Sotto Major, Gentleman of the 
 Bed-chamber to his Catholic Majefty, and Major Ge* 
 neral of his forces. 
 
 His Sacred Majefty th King of Sardinia, Don 
 Jofcph Ofibrio, Knight, Grand Croix and Grand Con- 
 fcrvator of the Military Order of the Saints Maurice 
 and Lazarus, and Envoy Extraordinary of his Ma- 
 jefty the King of Sardinia to his Majefty the King of 
 Great Britain ; and Jofeph Borre Count Chavanne, 
 his Counfellor of State, and his Minifter to the J 
 the States General of the United Provinces. 
 
 The High and Mighty Lords the States General of 
 the United Provinces, William Count Bentinck, Lord 
 of Rhoon and Pendrecht, one of the Nobles of the 
 province of Holland and Weft Friefland, Curator of 
 the Univerfity of Leyden, &c. &c. &c. Frederick 
 Henry Baron of WatFenaer, Lord of Catwyck and 
 
 Zand,
 
 1787.] WITH FRANCE. 427 
 
 Zand, one of the Nobles of the province of Holland 
 and Weft Friefland, Hoog-Heemrade of Rhynland, 
 &c. Gerard Arnout Hafielaer, Burgo-mafter and 
 Counfellor of the city of Amfterdam, Director of the 
 Eaft India Company ; John Baron of Borfek, Firft 
 Noble and Reprefentative of the Nobility in the States, 
 in the Council and Admiralty f Zeland, Dire' c :or 
 of the Eaft India Company j Onno Zwier Van Ha- 
 ren, Grietman of Weft Sterlingwerf, Deputy Coun- 
 feilor of the province of Friefland, and Commiirary 
 General of all the Swifs and Grifon troops in the fer- 
 vice of the aforefaid States General, and refpeftive 
 Deputies in the Aflembly of the States General., and 
 in the Council of State, on the part of the provin- 
 ces of Holland and Weft Friefland, Zealand, and 
 Friefland. 
 
 The moft Serene Duke of Modena, the Sieur 
 Count de Monzone, his Counfellor of State, and Co- 
 lonel in his fervice, and his Minifter Plenipotentiary 
 to his moft Chriftian Majefty. 
 
 The moft Serene Republic of Genoa, the Sieur 
 Francis Marquis Doria. 
 
 Who, after having communicated their full powers 
 to each other in due form, copies whereof are annexed 
 at the end of this prefent treaty, and having confer- 
 red on the feveral objects, which their Sovereigns 
 have judged proper to be infeited in this inftrument 
 of general pacification, have agreed to the feveral ar- 
 ticles, which are as follow. 
 
 I. There fhall be a chriftian, univerfa], and perpe- 
 tual peace, as well by fea as land, and a fi.ricere ancj 
 lafting friendfhip, between the eight Powers abovemen- 
 tioned, and between their heirs and fucceflbrs, king-? 
 doms, ftates, provinces, countries, fubjects^ and vaffals, 
 of what rank .and condition foever they may be, with- 
 out exception of places or perfons. So that the high 
 contracting Powers may have the greateft attention 
 to maintain, between them and their faid ftates and 
 fubjects, this reciprocal friendfhip and correfpondence,
 
 TREATIES [1259 
 
 not permitting any fort of hoftilitics to be committed, 
 on one fide or the other, on any caufe, or under any 
 pretence whatsoever j and avoiding every thing that 
 may, for the future, difturb the union happily rc- 
 eftablifhed between them ; and, on the contrary, en- 
 deavouring to procure, on all occafions, whatever 
 may 'contribute to cheir mutual glory, interefts, and 
 advantage, without giving any afliftance or protec- 
 tion, directly or indirectly, to thole who would injure 
 or prejudice any of the faid high contracting parties. 
 
 II. There fhall be a general oblivion of whatever 
 may have been done or committed during the war 
 now ended. And all perfons, upon the day of the 
 exchange of the ratifications of all the parties, fhall be 
 maintained or re-eftablifhed in the pofieflion of all the 
 effects, dignities; eeclefiaftical benefices, honours, re- 
 venues, which they enjoyed, or ought to have enjoy- 
 ed, at the commencement of the war, nuwithftand- 
 ing all difpofieflions, feizures, or confiscations, occa- 
 fioned by the faid war. 
 
 III. The treaties of Weftphalia of 1648 ; thofe of 
 Madrid, between the crowns of England and Spain, 
 of 1667 and 16705 the treaties of peace of Nime- 
 guen of 1678 and 1679; of Ryfwick of 1697; of 
 Utrecht of 1713; of Baden of 1714; the treaty of 
 the triple alliance of the Hague of 1717 ; that of the 
 quadruple alliance of London of 1718; and the 
 treaty of peace of Vienna of 1738, ferve as a bafts 
 and foundation to the general peace, and to the prc- 
 Jjnt treaty ; and, for this purpofe, they are renewed 
 ancf confirmed in the beft form, and as if they were 
 herein inferted word for word; fo that they fhall be 
 punctually obferved for the future in all their tenor, 
 and religioufly executed on the one fide and the other; 
 fuch points, however, as have been derogated from 
 in the prefent treaty exceptcd. 
 
 IV. All the prifoners made on the one fide and the 
 other, as -Well by fea as by land, and the hoftages re- 
 
 qii
 
 1787.] WITH FRANCE. 429 
 
 quired or given during the war, and to this day, fhall 
 be reflored, without ranfom, in fix weeks at laceft, to 
 be reckoned from the exchange of the ratification of 
 the prefent treaty j and it fliall be immediately pro- 
 ceeded upon after that exchange : and all the fhips of 
 war, as well as merchant veffels, that fhall have foeen 
 taken fince the expiration of the terms agreed upon 
 for the ceiTation of hoftilities at fea, fhall be, in like 
 manner, faithfully reflored, with all their equipages 
 and cargoes ; >and fureties fhall be given on all fid^s 
 for payment of the debts, which the prifoners or hof- 
 lages may have contracted, in the ftates where they 
 had been detained, until their full difcharge. 
 
 V. All the conquefts, that have been made fince 
 the commencement of the war, or which, fince the 
 conclufion of the preliminary articles, figned the 3oth 
 of April laft, may have been or fhall be made, either 
 in Europe, or the Eaft or Weft Indies, or in any 
 other part of the world whatfoever, being to be refto- 
 red without exception, in conformity to what was fti- 
 pulated by the faid preliminary articles, and by the 
 declarations fince figned ; the high contracting parties 
 engage to give orders immediately for proceeding to 
 that reftitution, as well as to the putting the moil Se- 
 rcne Infant Don Philip in polTeflion of the ftates, 
 which are to be yielded to him by virtue of the faid 
 preliminaries, the faid parties folemnly renouncing, as 
 well for themfelves as for their heirs and fucceffors, 
 all rights and claims, by what title or pretence fb- 
 ever, to all the ftates, countries, and places, that they 
 reipedtively engage to reftore or yield ; faving, how- 
 ever, the reverfion ftipulated of the ftates yielded to 
 the moft Serene Infant Don Philip. 
 
 VI. It is fettled and agreed, that all the refpective 
 reftitutions and ceffions in Europe fhall be entirely, 
 made and executed on all fides in the fpace of fix . 
 weeks, or fooner if poflible, to be reckoned from the 
 day uf the exchange of the ratifications of the prefent 
 
 treaty
 
 430 TREATIES [1259 
 
 treaty of all the eight parties above-mentioned ; fo 
 that, within the fame term of fix weeks, the moft Chrif- 
 tian King (hall reftore, as well to the Emprefs Queen 
 of Hungary and Bohemia, as to the States General 
 of the United Provinces, all the conquefts which he 
 has made upon them during this war. 
 
 The Emprefs Queen of Hungary and Bohemia 
 Jhall be put, in con fequence hereof, in full and peace- 
 able pofiefllon of all that fhe poffefled before the-pre- 
 fent war in the Low Countries, and clfcv/here, except 
 what is otherwife regulated by the prefent treaty. 
 
 In tho fame time the Lords the States General of 
 the United Provinces fhall be put in full and peace- 
 able pofleflion, and fuch as they had before the prc- 
 fcnt \var, of the places of Bergcn-op-Zoom andMaef- 
 tricht, and of all they pofleflcd before the faid prck-nt 
 war in Dutch Flanders, Dutch Brabant, and die- 
 where : 
 
 And the towns and places in the Low Countries, 
 the fovereignty of which belongs to the Emprcls Queen 
 of Hungary and Bohemia, in which their High Migh- 
 tinefles have the right of garrilbn, fhall be evacuated 
 to the troops of the Republic, within the fame fpacc 
 of time. 
 
 The King of Sardinia lhall be in like manner, and 
 within the lame time, entirely re-eftablifhed and main- 
 tained in the dutchy of SaVoy, and in the county of 
 Nice, as well as in all the dates, countries, places, and 
 forts conquered and taken from him on occafion of 
 the preieht war. 
 
 The mod Serene Duke of Modena, and the mod 
 Serene Republic of Genoa, fhall be alfo, within the 
 fame time, entirely re-eftablifhed and maintained in 
 the dates, countries, places, and forts conquered and 
 taken from them during the prcfcnt war, conformably 
 to the tenor of the i3th and i4th articles of this treat)-, 
 which relate to them. 
 
 All the rcditutions and o-flions of the faid towns, 
 forts, and places, diall be mad'/, with all the artillery' 
 
 and
 
 1787.] WITH FRANCE. 431 
 
 and warlike ftores that were found there on the day 
 of their fur-render, during the courfe of the war, by the 
 Powers who are to make the faid ceffions and reftitu- 
 tions, and this according to the inventories which have- 
 been made of them, or which (hall be delivered bond 
 -fide, on each fide. Provided that, as to the pieces of 
 , artillery, that have been removed eliewhere to be new 
 call, or- for other ufcs, they fhall be replaced by the 
 fame number of the fame bore, or weight in metal. 
 Provided alfo, that the places of Charleroy, Mons, 
 Athe, Oudenarde, and Menin, the outworks of which 
 have been demolifhed, fhall be reftored without artil- 
 lery. Nothing fhall be demanded for the charges' and 
 expences employed in the fortifications of all the other 
 places j nor- for other public or private works, which 
 have been done in the countries that are to be re- 
 ftored. 
 
 VTI. In confideration of the reftitutions that his 
 moft Chriftian Majefty, and. his Catholic Majefty, 
 make, by the prefent treaty, either to her Majefty the 
 Queen of Hungary and Bohemia, or to his Majefty 
 the King of Sardinia, the dutchies of Parma, Placen- 
 tia, and Guaftella fhall, for the future, belong to the. 
 moft Serene Infant Don Philip, to be poffefTed by him 
 and his male defcendants, born in lawful marriage, in 
 the fame manner, and in the fame extent, as they 
 have been, or ought to be, pofiefTed by the prefent 
 poJ3efIb,rs; and the faid moft Serene Infant, or his- 
 male defcendants, fhall enjoy the faid three dutchies, 
 conformably and under the conditions exprefTed in the 
 acts of ceffion of the Emprefs Queen of Hungary 
 and Bohemia, and of the King of Sardinia. 
 
 Thefe acts of ceffion of the Emprefs Queen of. 
 Hungary and Bohemia, and of- the King of Sardinia, 
 fhall be delivered, together with their ratifications of 
 the prefent treaty, ta the AmbafTador Extraordinary 
 and Plenipotentiary of the Catholic King, in like man- 
 ner as the AmbafTadors Extraordinary and Plenipo~ 
 tentiaries of the moft Chriftian. King^ and- Catholic- 
 King,
 
 432 TREATIES [1259 
 
 King, fhall deliver, with the ratifications of their Ma- 
 jefties, to the AmbafTador Extraordinary and Plenipo- 
 tentiary of the King of Sardinia, the orders to the 
 Generals of the French and Spanifh troops to reftore 
 Savoy and the county of Nice to the perfons appoint- 
 ed by that Prince to receive them ; fo that the refti- 
 tution of the laid ftates, and the taking pofleflion of 
 the dutchies of Parma, Placentia, and Guaftalla, by 
 or in the name of the mod Serene Infant Don Philip, 
 may be effected within the fame time, conformably to 
 the acts of cefiion, the tenor whereof follows. 
 
 "WE Mary Therefia, &c. make known by thefe 
 prefents : Whereas, in order to put an end to the fatal 
 war, certain preliminary articles were agreed upon, the 
 30th of April of this year, between the Minifters Ple- 
 nipotentiaries of the moft Serene and mod Potent 
 Prince George II. King of Great Britain, and the 
 moft Serene and moft Potent Prince Lewis XV. the 
 moft Chriftian King, and their High Mightincflfes the 
 States General of the United Provinces, which have 
 been fince ratified by all the Powers concerned : the 
 tenor of the 4th article whereof is conceived in the 
 following manner. 
 
 The dutchies of Parma, Placentia, and Guaftall:i, 
 {hall be yielded to the moft Serene Infant Don Phi- 
 lip, to ferve him as an eftablifhment, with the right 
 of revcrfion to the prefent pofleflbrs, after that his 
 Majefty the King of the Two Sicilies fhall have fuc- 
 ceeded to the crown of Spain : as alfo in cafe the faid 
 moft Serene Infant Don Philip Ihould happen to die 
 without children. 
 
 And whereas a definitive treaty of peace having 
 fince been concluded, the feveral points relating to 
 this affair have been, by virtue of the articles thereof 
 explained, by the common confent of the parties con- 
 cerned, in the following manner. 
 
 In confideration of the reftitutions that his moft 
 Chriftian Majefty and his Catholic Majefty make, by 
 the preicnt treaty, either to her Majcity the Queen of 
 
 Hungary
 
 1787-] WITH FRANCE. 433 
 
 Hungary and Bohemia, or to his Majefty the King of 
 Sardinia, the dutchies of Parma, Placentia, and Gua- 
 ftalla fhall, for the future, belong to the moft Serene 
 Infant Don Philip, to be pofiefied by him, and his male 
 defcendants born in lawful marriage, in the fame man- 
 ner, and in the fame extent, as they have been or ought 
 to be poflefled by the prefent pofleflbrs ; and the faid 
 moft Serene Infant, or his male defcendants, fhall 
 enjoy the faid three dutchies, conformably and under 
 the conditions exprefted in the acts of cefiion of the 
 Emprefs Queen of Hungary and Bohemia, and of the 
 King of Sardinia. 
 
 Thefe acts of ceflion of the Emprefs Queen of 
 Hungary and Bohemia, and of the King of Sardinia, 
 fliall be delivered, together with their ratifications of 
 the prefent treaty, to the Ambaflador Extraordinary 
 and Plenipotentiary of the Catholic King, in like 
 manner as the Ambaffadors Extraordinary and Pleni- 
 potentiaries of the moft Chriftian King and Catholic 
 King fhall deliver, with the ratifications of their Ma- 
 jefties, to the Ambafladors Extraordinary and Pleni- 
 potentiaries of the King of Sardinia, the orders to the 
 generals of the French and Spanifh troops to reftore 
 Savoy and the county of Nice to the perfons ap- 
 pointed by that Prince to receive them j fo that the 
 reftitution of the faid States, and the taking pofleflion 
 of the dutchies of Parma, Placentia, and Guaftalla, 
 by or in the name of the moft Serene Infant Don 
 Philip, may be effected in the fame time, conformably 
 to the faid acts of ceflion. 
 
 Wherefore, in order to fulfil thofe things, to which 
 we have bound ourfelves by the articles before inferted, 
 and in the firm hope that the moft Chriftian and Ca- 
 tholic Kings, and the future pofieffbr of the aforefaid 
 three dutchies, and his male defcendants, will, on their 
 part, bond fide', and punctually, fulfil the tenor of the 
 articles above-mentioned, and will likewife reftore to 
 us, within the fame time, the ftates and places which 
 are to be reftored to us in conference of die fecond 
 
 VOL. I, F f and
 
 434 
 
 TREATIES 
 
 and eighteenth articles of the fame preliminaries, 
 we do yield and renounce, for us and our t >.:c cciTors, 
 under die conditions exprefied in the above- men- 
 tioned articles, all rights, claim?, and pretenfions to 
 us, under any title or caufe whr.tfoever belonging 
 upon the aforefaid three dutchies of Panr.a, Placentia, 
 and Guaftalla, formerly poJTefled by us; and transfer 
 die fame rights, claims, and preienfions, in the belt 
 and moft folemn manner poffbk , t the moft Serene , 
 Don Philip Infant of Spain, and his male defendants 
 to be born in lawful marriage, abfolving all the inha- 
 bitants of the faid dutchies from the allegiance and 
 oath which they have taken to us, who (hall be ob- 
 liged for the future to pay the lame allegiance to thole 
 to whom we have yielded our rights; all which how- 
 ever is to be underftood only for that fpace of time 
 that either the faid moft Serene Infant Don Philip, or 
 one of his defendants, fhall not have afcended either 
 the throne of the Two Sicilies, or of Spain; for at 
 that time, and in cafe the aforefaid Infant fliould die 
 without male defendants, we exprefsly referve to our- 
 ielves, our luirs and fuccefibrs, all rights, claims, and 
 pretenfions, which have heretofore belonged to IK. 
 and consequently the right of revcrfion to the laid 
 dutchies. 
 
 In witncfs whereof &c. 
 
 C.I I A R 1. K S Emanuel, &c. The dcfire we have 
 on our part, to the moft fpeedy rc- 
 eftablifhment of the public tranquillity, which lately 
 induced us to accede to die preliminary articles, figned 
 the 3Cth of April laft, between the Minifters of his 
 Britannic Majefty, his moft ChriftianMajefty, and the 
 Lords the States General of the United Provinces, 
 which we c!i<j on the 31 ft of May laft, by our Pleni- 
 potentiary accordingly accede to, inducing us now to 
 accomplifti as much as is to be performed on our part 
 in purfuance of them; and particularly for the execu- 
 tion of what is contained in the fourth article of the 
 preliminaries, by virtue whereof the dutchies of 
 
 Parma,
 
 1787.] w-t T H R A N- C E. 43.$ 
 
 Parma, Placentia, and Guaftalls, are to be yielded to 
 the moil Serene Prince Don Philip, Infant of Sfiain, 
 to hold, as an eftablifhment, with the right of rever- 
 fion to the prefent poffeffors; as foon as his Majefty 
 the King of the Two Sicilies fhall have fucceeded to 
 the crown of Spain, or that the faid Infant fhoiild 
 happen to die without iffue male; we, in conformity 
 thereto, do, by the prefent aft, renounce, yield, and 
 transfer, for ourfelves and our fucceffors, to the afore- 
 faid moft Serene Infant Don Philip, and to his male 
 iffue, and their defcendants born in lawful marriage, 
 the town of Placentia, and the Plaifantine (whereof 
 we were po defied) to be held and pcffefTed by him as 
 Duke of Placentia; renouncing to this end all rights, 
 claims, and pretenfions, which we have upon them; 
 referring, however, exprefsly, to us and our fucceffors, 
 the right of reverfion in the cafes above-mentioned. 
 
 In witnefs whereof, &rc. 
 
 VIII. In order to fecure and effectuate the faid 
 reftitutions and cefficns, it is agreed, that they fhall be 
 entirely executed and accomplifhed on all fides, in 
 Europe, within the term of fix weeks, or fooner if 
 poffible, to be reckoned from the day of the exchange 
 of the ratifications of all the eight Powers; it being 
 provided, that in fifteen days after the figning of the 
 prefent treaty, the generals, or other perfons, whom 
 the high contracting parties fhall think proper to ap- 
 point for that purpofe, fhall meet at Bruffels and at 
 Nice, to concert and agree on the method of pro- 
 ceeding to the reftitutions, and of putting the parties 
 in poffeffion, in a manner equally convenient for the 
 good of the troops, the inhabitants, and the refpec- 
 tive countries ; but fo that all and each of the high 
 contracting Powers may be, agreeable to their inten- 
 tions, and to the engagements contracted by the pre- 
 fent treaty, in full and peaceable poffeffion, without 
 any exception, of all that is to be acquired to them, 
 either by reftitution or ceffion, within the faid term of 
 Ff2 fix
 
 436 TREATIES [1259 
 
 fix weeks, or fooncr if poflible, after the exchange of 
 the ratifications of the prefent treaty by all the faid 
 eight Powers. 
 
 IX. In confideration that, notwithftanding the reci- 
 procal engagement taken by the eighteenth article of 
 the preliminaries, importing that all the reftitutions 
 and cefiions Ihould be carried on equally, and fhould 
 be executed at the fame time, his moft Chriftian Ma- 
 jefty engages, by the fixth article of the prefent treat}', 
 to reftore within the fpace of fix weeks, or fooner if 
 poflible, to be reckoned from the day of the exchange 
 of the ratifications of the prefent treaty, all the con- 
 quefts which he has made in the Low Countries j 
 whereas it is not poflible, confidering the diftance of 
 the countries, that what relates to America fhould be 
 effected within the fame time, or even to fix the time 
 of its entire execution; his Britannic Majefty likewifc 
 engages on his part to fend to his moft Chriftian Ma- 
 jefty, immediately after the exchange of the ratifica- 
 tions of the prefent treaty, two perfons of rank and 
 confideration, who lhall remain there as hoftages, till 
 there (hall be received a certain and authentic account 
 of the reilitution of Ifle Royal, called Cape Breton, 
 and of all the conquefts which the arms or fubjecls of 
 his Britannic lUajefty may have made, before or after 
 the figning of the preliminaries, in the Eaft and Weft 
 Indies. 
 
 Their Britannic and moft Chriftian Majefties oblige 
 themfelves likcwife to caufe to be delivered, upon the 
 exchange of the ratifications of the prefent treaty, the 
 duplicates of the orders addrefied to the commiflaries 
 appointed to reftore and receive, refpectively, whatever 
 may have been conquered on either fide in the faid 
 Eaft and Weft Indies, agreeably to the fecond article 
 of the preliminaries, and to the declarations of the 
 2ift and 3ift of May, and the 8th of July laft, in 
 regard to what concerns the faid conquefts in the Eaft 
 and Weft Indies. Provided neverthek-fs, that Ifle 
 Royal, called Cape Breton, Ihall be reftorcd, with all 
 
 the
 
 1787.] WITH FRANCE. 437 
 
 the artillery and warlike ftores which fhall have been 
 found therein on the day of its furrender, conformably 
 to the inventories which have been made thereof, and 
 in the condition that the laid place was in on the faid 
 day of its furrender. As tf 1 the other reftitutions, they 
 fhall take place conformably to the meaning of the 
 fecond article of the preliminaries, and of the decla- 
 rations and convention of the 21 ft and 3 ill of May, 
 and the 8th of July laft, in the condition in which 
 things were on the i ith of June, N. S. in the Weft 
 Indies, and on the 3ift of October alfo, N. S. in the 
 Eaft Indies. And every thing befides fhall be re-efta- 
 blifhed O n the foot that they were or ought to be be- 
 fore the prefent war. 
 
 The faid refpective commiflaries, as well thofe for 
 the Weft, as thofe for the Eaft Indies, fhall be ready 
 to let out on the firft advice that their Britannic and 
 moft Chriftian Majefties fhall receive of the exchange 
 of the ratifications, furnifhed with all the neceflary in- 
 ftructions, commifllons, powers, and orders, for the 
 moft expeditious accoinplifhment of their faid Majef- 
 ties intentions, and of the engagements taken by the 
 prefent- treaty. 
 
 X. The ordinary revenues of the countries that are 
 to be refpeclively reftored or yielded, and the impo- 
 fitions laid upon thofe countries for the entertainment 
 and winter quarters of the troops, fhall belong to the 
 Powers that are in poiTefllon of them, till the day of 
 the exchange of the ratifications of the prefent treaty, 
 without, however, its being permitted to proceed to 
 any kind of execution, provided fufficient fecurity has 
 been given for the payment i it being always to be un- 
 derftood, that the forage and utenfils for the troops fhall 
 be furnifhed -till the evacuations; in confequence of 
 which, all the Powers promife and engage not to de- 
 mand or exact impofitions and contributions which 
 they may have laid upon the countries, towns, and 
 places that they have pofTeffed during the courfe of the 
 war, and whi<;h had not been paid at the time that the 
 F f 3 events
 
 43 8 TREATIES [1259 
 
 events of the faid war had obliged them to abandon 
 the faid countries, towns, and places ; all pretenfions 
 of this nature being made void by the prefent treaty. 
 
 XL All the papers, letters, documents, and ar- 
 chives, which were in the countries, eftates, towns, and 
 places which are reftored, and thofc belonging to the 
 countries yielded, fhall be refpeftively, and bc>nr.f4e 9 
 delivered or given up at the fame time, if poffible, as 
 pofiefiion (hall be taken, or at fartheft two months after 
 the exchange of the ratifications of the prefent neaty of 
 all the eight parties, in whatever places the fakl papers 
 or documents may be, namely, tiiofe which may have 
 been removed from the archive of die great council of 
 ^techlin. 
 
 XII. His Majefty the King of Sardinia ihall remain 
 in poflefTion of all that he antiently and newly enjoyed, 
 and particularly of die acquifition which he made in 
 the year 1743 of the Vigevanafque, a part of the Pa- 
 vefan, and the county of Angjiiera, in the manner as 
 this Prince now poffefles them, by virtue of the ct (lions 
 that have been made of them to him. 
 
 XIII. The moft Serene Duke of Modena, by vir- 
 tue as well of the preftnt treaty, as of his rights, pre- 
 rogatives, arid dignities, ihall take pofleffion fix u j 
 
 or fooner if poffible, after the exchange of the ratifica- 
 tions of tlie faid treaty, of all his dates, places, forts, 
 countries, effefts, and revenues, and, in general, of all 
 that he enjoyed before the war. 
 
 At the fame time fhall be likewise reftored to him 
 his archives, documents, writings, and movcables, of 
 what nature foever they may be, as alfo the artillery 
 and warlike ftores which fhall have been found in his 
 countries at the time of their being feized. As to what 
 {hall be wanting, or fhall have been converted into 
 another form, the juft value of the things fo taken 
 away, and which are to be reftored, fhall be paid in 
 ready mowey; which money, as well as the equivalent 
 for the fiefs which the moil Serene Duke of iModena 
 
 pofleiTed
 
 1787.] WITH FRANCE. /" 439 
 
 poflfefied in Hungary, if they are not reftored to him, 
 fhall be fettled and adjuftai by the refpective generals 
 or cornmifTaries, who, according to the eighth article 
 of the prefent treaty, are to afTemble at Nice in fifteen 
 days after the fignature, in order to agree upon the 
 means for executing the reciprocal reilitutions and put- 
 ting in pofleflion, fo that at the fame time, -and on the 
 Tame day as the moft Serene Duke of Modena lhall 
 take porTefTion of all his ftates, he may likewife enter 
 into the enjoyment, either of his fiefs in Hungary, or 
 of the faid equivalent, and receive the value of fuch 
 things as cannot be reftored to him. Juftice fhall alfo 
 be done him, within the fame time of fix weeks after 
 the exchange of the ratifications, with refpect to the 
 allodial effects of the Houfe of Guaftalla. 
 
 XIV. The moft Serene Republic of Genoa, as 
 well by virtue of the prefent treaty, as of its rights, 
 prerogatives, and dignities, lhall re-enter into the pof- 
 fefiion, fix weeks, or fooner if^oflible, after the ex- 
 change of the ratifications of the laid treaty, of all the 
 ftates, forts, places, countries, effects, of what nature 
 foever they may be, rents and revenues, that it enjoyed 
 before the war; particularly, all and every one of the 
 members andfubjects of the faid republic fhall, within 
 the aforefaid term after the exchange of the ratifica- 
 tions of the prefent treaty, re-enter into the pofTefTion, 
 enjoyment, and liberty of difpofmg of all the funds 
 which they had in the bank of Vienna, in Auflria, 
 in Bohemia, or in any other part whatfbever of the 
 ftates of the Emprefs Queen of Hungary and Bo- 
 hemia, arid of thofe of the King of Sardinia ; and the 
 intereft fhall be exactly and regularly paid them, to be 
 reckoned from the faid day of the exchange of the 
 ratifications of the prefent treaty. 
 
 XV. It has been fettled and agreed upon between 
 the eight high contracting parties, that, for the advan- 
 tage and maintenance of the peace in general, and for 
 
 Ff 4 the
 
 440 TREATIES [1259 
 
 the tranquillity of Italy in particular, all things fhall 
 remain there in the condition they were in before the 
 war; faving, and after, the execution of the diipoiitions 
 made by the prefent treaty. 
 
 XVI. The treaty of the A"** ient o f r tne trade of 
 negroes, figned at Madrid on the 26th of March, 
 1713, and the article of the annual (hip, making part 
 of the faid treaty, are particularly confirmed by the 
 prefent treaty, for the four years during which the 
 enjoyment thereof has been interrupted, fmce the com- 
 mencement of the prefent war, and fhall be executed 
 on the fame footing, and under the fame conditions, as 
 they have or ought to have been executed before the 
 faid war. 
 
 XVII. Dunkirk fhall remain fortified on the fide 
 of the land, in the fame condition as it is at prefent ; 
 and as to the fide of the fea, it fhall remain on the 
 footing of former treaties. 
 
 XVIII. The demands of money that his Britannic 
 Maj^fty has, as Elector of Hanover, upon the crown 
 of Spain; the differences relating to the abbey cf St. 
 Hubert; the enclaves of Hainault, and the bureaux 
 newly eftablifhcd in the Low Countries; the preten- 
 fions of the Eleftor Palatine; and the other articles, 
 which could not be regulated fo as to enter into the 
 prefent treaty, fhall be amicably adjufted immediately 
 by the commhTaries appointed for that purpofe on both 
 fideo, or oihurwife, as ihall be agreed on by the Powers 
 concerned. 
 
 XIX. The fifth article of the treaty of the qua- 
 druple alliaaa , concluded at London the id of Auguft-, 
 1718, containing the guaranty of the fucceffion to 
 the kingdom ot Great Britain in the Houfe of his 
 Britannic Majefty now reigning, and by which every 
 thing has been provided for that can relate to the per r 
 fon who has taken the title of King of Great Britain., 
 and to his descendants of both fexcs, is expfefsly con- 
 
 firmecj
 
 1787.] WITH FRANCE. 44 i 
 
 firmed and renewed by the prefent article, as if it was 
 here inferted in its full extent. 
 
 * XX. His Britannic Majefty, as Elector of Brunf- 
 wic Lunenburg, as well for himfelf, as for his heirs and 
 fucceflbrs, and all the ftates and pofleflions of his faid 
 Majefty in Germany, are included and guarantied by^ 
 the prefent treaty of peace. 
 
 XXI. All the Powers interefted in the prefent 
 treaty, who have guarantied the pragmatic fanftiOn of 
 the 1 9th of April, 1713, for the whole inheritance of 
 the late Emperor Charles the Sixth, in favour of his 
 daughter the Emprefs Queen of Hungary and Bohe- 
 mia, now reigning, and of her defcendants for ever, 
 according to the order eftablilhed by the faid pragmatic 
 fanction, renew it in tile beft manner pofiible , except 
 however the cefllons already made, either by the faid 
 Emperor, or the faid Princefs, and thofe ftipulated 
 by the prefent treaty. 
 
 XXII. The dutchy of Silefia, and the county of 
 Glatz, as his Prufiian Majefty now potteries them, are 
 guarantied to that Prince by all the Powers, parties, 
 and contractors of the prefent treaty. 
 
 XXIII. All the Powers contracting and interefted 
 in the prefent treaty, reciprocally and reflectively gua- 
 ranty the execution thereof, 
 
 XXIV. The folemn ratifications of the prefent 
 treaty, expedited in good and due form, fhall be ex- 
 changed in this city of Aix-la-Chapelle, between all 
 the eight parties, within the fpace of one month, or 
 fooner if poffible, to be reckoned from the day of its 
 fignature. 
 
 In witnefs whereof, we the under- written their Am- 
 baffadors Extraordinary and Minifters Plenipo- 
 tentiaries have figned with our hands, in their 
 
 . name, and by virtue of our full powers, the pre-
 
 44- TREATIES [125^ 
 
 tent treaty erf" peace, and have caufed the fealsof 
 our arms to be put thereto. 
 Done at Aix-la-Chapelk, the i8th of O&ober, 
 
 1748. 
 
 {Signed) 
 
 (L. S.) r. Robinfcn. (I . S.) C. ./. Ha/ekur. 
 
 \L.S.}Sf.SeoerinfAragon. (L.S.) % /'. fl^/?. 
 (L.S.) L* P0rtt <fc 72w/. (L. S.) 0. Z.Vanllare*. 
 
 Separate Articles. 
 
 I. SOME of 'the titles made ufe of by the con- 
 trading Powers, either in the fufi powers, and other 
 a&s during the courfe of the negotiation, or in the 
 preamble of the prtfcnt treaty, not being generally 
 acknowledged, it has been agreed, that no prejudice 
 'ihall at any time refult therefrom to any 6t the faid 
 contracting parties ; and that the titles taken or omittvd 
 on either fide, on account of the faid negotiation, and 
 of the prefcnt treaty, (hall not be cited, or any conic - 
 quence drawn therefrom. 
 
 II. It has been agreed and determined, that the 
 French language, made life of in all the copies of the 
 prtfcnt treaty, and which may be ull-d in the ads of 
 accefllun, fhall not be made a precedent that may be 
 Pledged, or drawn into cenfequence, or in any manner 
 prejudice any of the contracting Powers ; and that 
 they conform themfelves for the future to what has 
 been and ought to be obferved with regard to, and on 
 the part of rowers, who are ufed rmd have a right to 
 give and receive copies of like treaties and ac~b in an- 
 other language than the French. 
 
 The prefent treaty, and the acceMlons Which mail 
 intervene, having ftill the fame force and effeft as if 
 the aforciaid practice had been therein obferved ; and 
 "the prefont feparate articles lhall have like ,vife the fame 
 force as if they were inferted in the treaty. 
 
 In
 
 1787.] WITH FRANCE. 443 
 
 In witnefs whereof, we the under-written Ambaf- 
 iadors Extraordinary and Miniiters Plenipoten- 
 tiaries of his Britannic Majefty, of his moft Chrif- 
 dan Majefty, and of the Lords the States Ge- 
 neral of the United Provinces, have figned the 
 prefent feparate articles, and caufed the ieals of 
 our arms to be put thereto. 
 
 Done at Aix-la-Chapelle, the i8th of October, 
 1748. 
 
 (Signed) 
 
 (L. S.) Sandwich. (L. S.) W. Eenthck. 
 
 (L. S.) <T. Robinjon. (L. S.) G. A. Hajfdaer. 
 
 (L.S.) St. Severing dragon. (L.S.) J. F. Bor/eie. 
 
 (L.S~.) La Porte dti Tbeil. (L. S.) O.Z. VanHaren. 
 
 His Britannic Majefty*! Full Power. 
 GEORGE R. 
 
 GEORGE the Second, by the grace of God, of 
 Great Britain, France, and Ireland, King, Defender 
 of the Faith, Duke of Brunfwic and Lunenburg, 
 Arch-treafurer of the Holy Roman Empire, and 
 Prince Elector, &c.; to all to whom thefe prefents 
 Ihall come, greeting. Whereas, in order to perfect the 
 work of a general peace, fo happily begun, and to 
 bring it as foon.as poflible to the defired conclufion, 
 we have thought proper to inveft two fit perfons with 
 the title and character of our Ambaffadors Extraor- 
 dinary and Plenipotentiaries at the prefent congrefs: 
 Know ye therefore, that we having entire confidence 
 in the zeal, judgment, (kill, and abilities in managing 
 great affairs, of our right trufty and well-beloved cou- 
 fm John Earl of Sandwich, as alfo our trufty and well- 
 beloved Thomas Robinfon, Knight of the moft ho- 
 nourable Order of the Bath, and our Minifter Pleni- 
 potentiary to our good filler the Emprefs of Germany, 
 Queen of Hungary and Bohemia., have named, made, 
 conftituted, and appointed, as we by theie prefents 
 name, make, conftitute, and appoint them our true 
 
 and
 
 444 TREATIES [1259 
 
 -and undoubted Ambafladors Extraordinary, Miniftcrs, 
 Commiffioners, Deputies, Procurators, and Plenipo- 
 tentiaries, giving unto them, or each of them, jointly 
 or feparately, all and all manner of power and autho- 
 rity, as well as our general and fpecial command (yet 
 fo that the general do not derogate from the fpecial, 
 or otherwife) to repair to Aix-la-Chapelle, or to any 
 other place where the treaty and negotiations for the 
 above-mentioned peace and tranquillity may be to be 
 carried on ; and there, for us, and in our name, together 
 with the Ambafiadors, Commiflioners, Deputies, and 
 Plenipotentiaries of the Princes and States whom it may 
 concern, properly veiled with the fame power and au- 
 thority to meet in congrefs and conference, either fingly 
 and feparately, of jointly and in a body; and with them 
 to agree upon, treat, confult, and conclude what mi'.y 
 be neceflary for making a firm and liable peace, and 
 re-eftabliftiing a fincere friendlhip and good harmony ; 
 and to fign for us, and in our name, every thing fo 
 agreed upon and concluded j and to make a treaty or 
 treaties upon what (hall have been fo agreed and con- 
 cluded, and to do and tranfaft all other matters v/hich 
 may appertain to the finifhing the abovefaid work, 
 in as ample manner and form, and with equal force 
 and efficacy, as we ourfclves could do, if perfonally pre- 
 fentj engaging, and on our Royal word promifing, 
 that whatever things fhall be tranfafted and concluded 
 by our faid Ambafiadors Extraordinary and Plenipo- 
 tentiaries, or by either of them, fhall be agreed to, ac- 
 knowledged, and accepted by us, in the fulled manner; 
 and that we will never fuflfer, either in the whole or in. 
 part, any perfon whatfoever to infringe or aft contrary to 
 the fame. In witnefs whereof, we have figned thefe pre- 
 fents with our Royal hand, and have cauled to be affixed 
 thereto our great leal of Great Britain. Given at our 
 palace at Herrnhaufcn, the 1 ^^- h day of ~^ i3 in the 
 year of our Lord 1748, and in the twenty-fecund year 
 of our reign.
 
 1787.] WITH FRANCE. 44$. 
 
 The moft Chriftian King's Full Power. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre; to all thofe to whom thefe prefents lhall 
 come, greeting. Whereas we are defirous of omit- 
 ting nothing in our power in order to accelerate the 
 conclufion of the great and falutary work of peace, 
 .and the re-eftablifhment of the public tranquillity, 
 trufting entirely to the capacity and experience, zeal 
 and fidelity for our fervice, of our dear and well- 
 beloved the Count deSt. Severin d'Aragon, Knight of 
 our Orders^ and the Sienr de la Porte dii Theil, 
 Counfellor in our councils, Secretary of our chamber 
 and cabinet, and of the commands of our moft dear 
 and moil beloved fon the Dauphin. For thefe caufes, 
 and other good confiderations ' us thereto moving, 
 we have commifiloned arid ordained them, and by 
 thefe prefents, figned with our hand, do commiflion and 
 ordain, and have given them, and do give to the one 
 and to the other jointly, as well' as to either of them 
 feparately, in cafe of abfence or indifpofition of the 
 other, full power, commiflion, and ipecial order, in, 
 our name, and in the quality of our AmbalTadors Ex- \ 
 traordinary and Plenipotentiaries, to agree with the 
 AmbafTadors and Minifters actually aflembled at Aix- 
 la-Chapelle for the conclufion of a peace, provided 
 with full powers in good form on the part of their 
 mafters, to fettle, conclude, and fign fuch treaties, 
 articles, and conventions, as the one and the other 
 together, or either of them, in the aforefaid cafe of 
 abfence or indifpofition of the other, fhali think good, 
 and chiefly the definitive treaty, which fhall re-eilablifli 
 a folid peace and perfect union between us and the 
 Princes and States formerly at war, or auxiliaries of 
 the Powers at war j promifmg, on the faith and word 
 of a King, to accept, keep firm and ftable for ever, 
 accomplilh and execute punctually, all that the-faid 
 Count de St. Severin d'Aragon, and the faid Sieur de 
 h Porte du Theil, or either of them, in the faid cafes 
 
 of
 
 446 TREATIES [1259 
 
 of abfence or indifpofition of the other, (hall have fti- 
 pulated, promifed, and figned by virtue of this pre- 
 fent power, without ever contravening the Time, or 
 flittering it to be contravened, for what c;iufe or un- 
 der what pretext foever; as alfo to caufe our letters of 
 ratification thereof to be difpatched in good form, and 
 exchanged in the time that fhall be agreed upon : for 
 foch is our pleafure. In witnefs whereof, we have 
 caufed cur fesl to be put to thefe preknts. Given at 
 Fontainebleau, the jth day of October, in the year of 
 grace 1748, and of our reign the thirty-fourth. 
 
 (Signed) LEWIS. 
 
 (And lower) 
 
 By the King, 
 
 (Signed) Brulart. 
 
 And feakd with the great feal in yellow wax. 
 
 'The States General's Full Power. 
 
 THE States General of the United Provinces of 
 the Netherlands 5 to all thofe who fhall fee thefe pre- 
 fentr, greeting. Whereas we defire nothing more ar- 
 dently than to fee the war, with which Chriftendom is 
 at prefent afflicted, terminated by a good peace; and 
 the city of Aix-la-Chapelle has been agreed upon for 
 the' place of the conferences; we, by the fame defire 
 of putting a ftop> as far as fhall be in us, to the defo- 
 lation of fo many provinces, and to the effufion of fo 
 rrroch Chriftian blood, hare been willing to contribute 
 thereto all that depends upon usj and> to this end, to 
 depute to the faid aflernbly fome perfons out of our 
 own body, who have given feveral proofs of the know 
 ledge and experience which they have of public af- 
 fairs, as well as of the affeftion which they have for 
 the good of our State. 
 
 And whereas the Sieurs William Count Bentinck, 
 iTord of Rhoon and Pendrecht, of the body of No* 
 bles of the province of Holland and Well Frizcland, 
 
 Curator
 
 1787.1 WITH FRANCE. 447 
 
 Curator of the Univerilty of Leyden, &c?; Frederio 
 Henry Baron Waflenaer, Lord of Catwyck and Zand; 
 of the body of N.obles of the province of Holland 
 and Weft Frizeland, Hoog-Heemrade of Rhynlandy 
 &c.; Gerard Arnold HarTelaer, Schepen and Senator- 
 of the city of Amfterdanv and Director of the Eafb 
 India Company j and Onno Zwier van Haren, Griet- 
 man of Weft Stellingwerf, deputed councilor of the 
 province of Frizeland/ and .Commiffary. General of all 
 the Svvifs and Grifon troops in -.our fervice? refpective 
 deputies in. our Affembly, and in the Council of State; 
 on the part of the provinces of Holland and Weft 
 Frizeland, and Frizeland, liaye v diftinguifhed themfelves 
 in ieveral employments of importance for -our fervice, 
 in which they have given marks of tlieir fidelity, appli- 
 cation, and addrefs in the. management of affairs: for 
 thefe caufes, and Other good confederations us there- 
 unto moving, we have cornrniflioned, ordained, and 
 deputed the laid Sieurs Bentinck, Waflenaer, Haflelaer, 
 and van Karen* .do commiffion, ordain, and depute 
 them, by thefe prefents, and have given and do give 
 unto them full power, commiflion,. and. Special order* 
 to go to Aix-la-Chapelle, in quality of our Ambafia** 
 dors Extraordinary and Plenipotentiaries for the peace, 
 and there to.confer with the AmbafTadors Extraordinai-j; 
 and Plenipotentiaries of his moft Chriftkn Majefiy* 
 and his allies, provided, with fqfficlent, powers,, and 
 there to treat of the means of. termina.tlng.aod paci4 T - 
 ing the differences which at prefent occafion.the war.j 
 and our faid AmbafTaclors Extraordinary and Plenipo-i 
 tentiarics all together, or any of .them, or. any . one 
 among them, in cafe of abfence of the., others^, by 
 ficknefs or other impediment;,, lhall jiav,e^ power:, ta 
 agree about the fame, and thereupon .to conclude, and 
 fign a good and fure peace, and in .general to. tranfacl:, 
 negotiate, promife, and grant whatever.they fhaillhink 
 neceflfary to the faid effect of the peace, and generally 
 to do every thing that we could do if ,we were there 
 prefent, even though a more- ipecial .po.wer.and, order; 
 8 not
 
 44 S TREATIES [1259 
 
 not contained in thefe prefents, fhould be neceflary for 
 that pwpcfe; promifing fincerely and bond fide to ac- 
 cept and keep firm and (table what by our laid Am- 
 bafladors Extraordinary and Plenipotentiaries, or by 
 any, or any one of them, in cafe of ficknefs, abfence, 
 or other impediment of the others, (hall have been 
 ftipulated, promifed, and granted, and thereof to caufe 
 our letters of ratification to be difpatched in the time 
 that they fhall have promifed in our name to furnilh 
 them. Given at the Hague, in our aflembly, under 
 our great feal, the paraphe of the prefident of our 
 aflembly, and the fignature of our firft greffier, the 
 eighth day of March, 1748. 
 
 (Signed) //. van Ifldmuden> t". 
 
 (Lower) 
 
 By order of the faid Lords the States General, 
 (Signed) H. Page/. 
 
 Me Slates General's Full Power. 
 
 THE States General of the United Provinces of 
 the Netherlands j to all thofc who fhall fee thefe pre- 
 fents, greeting. Whereas we defire nothing more 
 ardently than to fee the war, with which Chrittendom 
 is at prefent afflidled, terminated by a good peace; 
 and the city of Aix-la-Chapelle has been agreed upon 
 for the place of the conferences : we, by the fame de- 
 fire of putting a ftop, as far as fhall be in us, to the 
 defolation of fo many provinces, and to the effufion of 
 Ib much Chriftian blood, have been willing to contri- 
 bute thereto all that depends upon us ; and, to this end, 
 have already deputed fome perfons heretofore to the 
 faid aflembly out of our own body, who have given 
 feveral proofs of the knowledge and experience which 
 they have of public affairs, as well as of the affeclion 
 which they have for the good of our State; to wit, the 
 Sieurs William Bentinck,' Lord of Rhoon and Pen- 
 drecht, of the body of Nobles of the province of 
 Holland and Weft Frizeland, Curator of the univer- 
 
 fity
 
 1787.3 wiTfc FRANCE. 449 
 
 fity of Leyden, &c. ; Frederic Henry Baro'n Wafleriaerj 
 Lord of Catwyck and Zand, of the body of Nobles 
 of the province of Holland and Weit-Friefland, Hoog- 
 Heemrade of Rhynland, &c. ; Gerard Arnold Hade- 
 laer, Schepen and Senator of the city of Amfterdam^ 
 and Director of the Eaft India Company; and Onno 
 ZwiervanHaren, Grietman of Weft- Stellingwerff, De- 
 puted Counfellor of the province ofFrieilandjand Com- 
 mifTary General of all the Swifs and Griibn troops in 
 our fervice ; refpective Deputies in our AfTembly, and 
 in the Council of State,- on the part of the provinces 
 of Holland and Weft-Frieiland, and Friefland. And 
 whereas we have at prefent thought proper to join a 
 fifth perfon to the four above-mentioned, for this fame 
 purpofe; and the Sieur John Baron Van Borflele, firft 
 Noble, and reprefenting the nobility, in the States, 
 in the Council, and in the Admiralty of Zeeiand, Di- 
 rector of the Eaft India CompanVj and Deputy in 
 our AfTembly on the part of the faid province of Zee- 
 land, has diftinguilhed himfelf in feveral employments 
 of importance for our fervice, in which he has given 
 marks of his fidelity, application, and addrefs in the 
 management of affairs : for thefe caufes, and other good 
 confiderations us thereunto moving^ we have commif- 
 fioned, ordained, and deputed the faid Sieur van Borf- 
 fele, do commiffion, ordain, and depute him, by thefe 
 prefents, and have given and do give unto him fcili 
 power, commiflion, and fpecial order', to go to Aix- 
 la-Chapelle, in quality of our AmbaiTador Extraordi- 
 nary 'and Plenipotentiary for the peace, and there to 
 confer with the AmbafTadors Extraordinary and Pleni- 
 potentiaries of his moft Chriftian Majeiry and his al- 
 lies, provided with fufficient full powers, and there to 
 treat of the means of terminating and pacifying the 
 differences which at prefent occafion the war; arid our 
 laid Ambaffador Extraordinary and Plenipotentiary, 
 together with the faid Sieurs Bentinck, Waffenaer, : 
 Hafielaer, and Van Haren, our other four Ambafla- 
 dbrs Extraordinary and Plenipotentiaries, or with any 
 VOL. I. Gg or
 
 453 TREATIES [125^ 
 
 r any one of them, or even alone, in cafe of abfence 
 of the others by fickneis or other impediment, fhall 
 have power to agree about die fame, and thereupon to 
 conclude and fign a good and fure peace, and in ge- 
 neral to tranfacl, negotiate, promife, and grant what- 
 ever he fhall think neceffary for the faid effect of the 
 peace, and generally do every thing that we could do 
 if we were there prefent, even though a more fpeckd 
 power and order, not contained in thefc prefents, fhould 
 be neceflary for that purpofe 3 promifing fmccrely, and 
 bondfdet to accept and keep firm and (table whatever 
 by the faid Sicur van Borflele, together with our 
 four Ambafiodors Extraordinary and Plenipoten- 
 tiaries, or any or any one of them, or by him alone* 
 in caff <>( fu knefs, abfence, or other impediment of 
 the others, ihall have been ftipulated, promifcd, and 
 granted, and thereof to caufe our letters of ratiftca* 
 tion to be difpatched in the time that they fhall have 
 promiftd in our name to furnifli them, Given at the 
 Hague, in our A'flembly, under our great feal, the pa- 
 raphe of the Pirefident of our Aflembly, and the fig- 
 nature of our rlrft Greffier, the '^th day of April, 
 
 (Signed) //. V. Hamerjlfr, V : . 
 
 (Lower) 
 
 By order of the faid Lords the States General, 
 (Signed) H. Fayl. 
 
 tie Etnprefs Qtwn of Hungary. 
 
 In- the Name of the moft Holy and Undivided Trk 
 niry, Father, Son, and Holy Ghoft. 
 
 B E it known to all whom it (hall or may concern* 
 The AmbalFadors Extraordinary and Plenipotentiaries 
 of his Britannic Majelly, of his moft Chriltian Ma- 
 jedy, and of the High and Mighty Lords die States 
 General of the United Provinces, having ccnchrucd 
 and ilffned, in this city of Aix-la-Chapellc, on the iSth 
 day o? this prefent month of O&obcr, upon the bafis 
 
 of
 
 1787.] WITH FRANCE. 451 
 
 of the preliminaries which were agreed upon and con- 
 cluded between them the 3oth day of April of the 
 prefent year, a general and definitive treaty of peace, 
 and two feparate articles, the tenor of which treaty and 
 feparate articles follows. 
 
 [Fiat Infer tto."\ 
 
 And the laid Ambafladors Extraordinary and Ple- 
 nipotentiaries having, in. a friendly manner, invited the 
 AmbaiTador Extraordinary and Plenipotentiary of her 
 Majefty the Emprefs Queen of Hungary and Boke- 
 iwia, to accede thereto, in the name of her faid Ma- 
 jefty; 
 
 The Ambafiadors underwritten, that is to fay, on 
 the part of the moft Serene and moft Potent Prince, 
 George the Second, by the grace of God, King of 
 Great Britain, John Earl of Sandwich, Vifcounc 
 Hinchinbrooke, Baron Montagu of St. Neots, Peer 
 of England, Firft Lord Commiffioner of the Admi- 
 ralty, one of the Lords of the Regency of the king- 
 dom, his Minifter Plenipotentiary to the Lords the 
 States General of the United Provinces; and Sir Tho- 
 mas Robinfon, Knight of the moft honourable Order 
 of the Bath, and his Minifter Plenipotentiary to his 
 Majefty the Emperor of the Romans, and to her Ma- 
 jefty the Emprefs Queen of Hungary and Bohemia : 
 and on the part of the moft Serene and moft Potent 
 Princefs Maria Therefia, by the grace of God, Queen 
 of Hungary and Bohemia, Emprefs, the Lord Wen- 
 ceflas Anthony Count de Kaunitz Rittberg, Lord of 
 EfTens, Stetefdorff, Wittmund, Aufterlitz, Hungrifch- 
 brod, Wiefe, &c. actual Privy Counfellor to their 
 Imperial Majefties, by virtue of their full powers, 
 which they have communicated to each other, and 
 copies whereof are annexed to the end of this prefent 
 act, have agreed on what follows. 
 
 That her Majefty the Emprefs Queen of Hungary 
 
 and Bohemia, being defirous of contributing to re- 
 
 eftablifh and confirm, as foon as pofnble, the repofe of 
 
 G g 2 Europe,
 
 452 TREATIES [1259 
 
 Europe, accedes, by virtue of the prefent act, to the 
 faid treaty and two feparate articles, without any re- 
 ferve or exception, in the firm confidence that every 
 thing, which is therein promifed to her laid Majefty, 
 will be bond fide fulfilled j declaring, at the fame time, 
 and promifing, that fhe will, in like manner, moib 
 faithfully perform all the articles, claufes, and condi- 
 tions which relate to her. 
 
 His Britannic Majefty likewiie accepts the prefent 
 acceflion of the Emprefs Queen of Hungary and Bo- 
 hemia, and promifes, in like manner, to perform, with- 
 out any referve or exception, all the articles, chink's, 
 and conditions, contained in the faid treaty, and the 
 two feparate articles before inferted. 
 
 The ratifications of the prefent aft fliall be ex- 
 changed, in this city of Aix-la-Chapelle, within the fpacc 
 of three weeks, to be computed from this day. 
 
 In witntfs whereof, we the Ambafiadors Extraor- 
 dinary and Plenipotentiaries of his Britannic Ma- 
 jefty, and her Majefty the Emprefs Queen of 
 Hungary and Bohemia, have figned the prefent 
 aft, and have thereunto affixed the leal of our 
 arms. 
 
 Done at Aix-la-Chapelle, the 23d day of October, 
 1748. 
 
 (L. S.) Le Comte V. A. de Kaunitz Rittlerg. 
 
 We Emprefs Queen of Hungary's Full Power. 
 
 WE Maria Thercfia, by the grace of God, Em- 
 prefs of the Romans, and of Germany, of Hungary', 
 Bohemia, Dalmatia, Croatia, Sclavonia, &c. Queen; 
 Arch-Dutchds of Auftria, Dutchels of Burgundy, 
 Brabant, Milan, Styria, Carinthia, Carniolia, Mantua, 
 Parma and Pkfcentia, Limburgh, Luxemburgh, 
 Gueldre, Wurtemberg, of the Upper and Lower Si- 
 lefia; Princcfs of Suabiaand Tranfylvania ; Marchion- 
 efs,of the Holy Roman Empire, Burgovia, Moravia, 
 and the Upper and Lower Lufatia; Countels of Habf- 
 
 purg,'
 
 1787.] WITH FRANCE. 
 
 purg, Flanders, Tirol, Ferrete, Kybourg, Goritia, Gra- 
 difca, and Artois; Coimtefs of Namur; Lady of the 
 marches of Slavonia, the Port of Naon, Saline, and 
 Mechlin, &c. ; Dutchefs of Lorraine and Barr, Great 
 Dutchefs of Tufcany, &c. do make known and certify, 
 by virtue of thefe prefents. Whereas we are informed 
 that the Congrefs, which had been opened at Breda, ts 
 diflblved ; and that conferences are to be held at Aix-la- 
 ( Chapelle, between the Minifters of the feveral Princes 
 ' engaged in the prefent war, authorized to agree upon 
 the means of terminating the differences that have 
 arifen between them, and reftoring peace j and, as we 
 "have nothing more at heart, than to do every thing, that 
 depends upon us, towards obtaining, as foon as poflible, 
 fo defirable an end, in the moft fecure and effectual 
 manner, we lofe no time in doing our part towards 
 the promoting fo falutary a work, by fending thither 
 our Minifters Plenipotentiaries, whom we have, more- 
 over, inverted with the character of our Ambaffadors. 
 Confiding therefore entirely in the often tried fidelity, 
 experience in bufmefs, and great prudence of our 
 actual Privy Counfellor, Wenceilaus Anthony de Kau- 
 nitz and Rittberg, Count of the Holy Roman Empire, 
 as alfo of Thaddsus, Free Baron of Reifchach, our 
 Lord of the Bed-chamber, Counfellor for the govern- 
 ment of Anterior Auitria, and our Minifter to the High 
 and Mighty the States General of the United Pro- 
 vinces; both of whom, and each of them, we, have 
 inverted with the character of our Ambaffador, as well 
 as with foil powers, as we do accordingly, by thefe pre- 
 fents, inveft thm both, arui each of them, in cafe of 
 the abfenceor hinderancs of the other, in the moft am- 
 ple manner poflible ; to the end that both or either of 
 them, in cafe of the abfence or hinderance of the other, 
 may join their endeavours with our allies and their Mi- 
 nifters, hold friendly conferences with thofe of other 
 Princes, engaged in the prefent war againft us or our al- 
 lies, and with any one or more of them, furniih.ed with 
 $he like full powers, and %ree upon any matters an$ 
 G g 3 things
 
 454 TREATIES [1259 
 
 things relating thereto, and whatever fhall have been fo 
 agreed upon, whether jointly or feparatdy, to fign and 
 feal; and, in a word, to do all thole things, in our name, 
 which we ourfelves could do if perfonally pi dent: 
 promifing, on our Imperial, Royal, and Archiducal 
 word, that we will agree to, accept of, and faithfully 
 fulfil, all and fingular fuch acts as our aforefaid Miniitcrs 
 Plenipotentiaries, inverted over and above with the 
 characters of our Ambafiadors, fhalj have fo done, 
 concluded, and figned. In witnefs whereof, and for 
 its greater force, we have figned the prelent full powers 
 with our own hand, and ordered our Imperial, K 
 and Archiducal feal to be affixed thereto. Given in 
 pur city of Vienna, the 1 9th day of December, in tl\c 
 year 1747, the eighth year of our reign. 
 
 (Signed) MARIA THERESIA. 
 
 C Count Ulfeld. 
 
 By command of her Sacred Imperial Royal Ma n 
 jefty, Joby Cbriftopb, Bartenjlein. 
 
 His Catholic Majefty' s Acceffion. 
 
 In the Name of the moft Holy and Undivided Trinity, 
 Father, Son, and Holy Ghoft. 
 
 B E it known to all thofe to whom it (hall belong or 
 can belong. The Ambafladors and Plenipotentiaries 
 of his Britannic Majefty, of his moft Chriftian Majtfty, 
 and of the High and Mighty Lords the States General 
 of the United Provinces, having concluded and figned 
 at Aix-la-Chapclle, the iSth of October of this year, 
 a definitive treaty of peace, and two feparate articles; 
 the tenor of which treaty and feparate articles is as 
 follows. 
 
 [Fiat Inferno.'] 
 
 And the fai4 Ambafladors and Plenipotentiaries 
 having "amicably invited the Ambaflador Extraordinary 
 and Plenipotentiary of his Catholic Majefty to a^ 
 thereto, in the name of his laid Majefty j the under- 
 written Ambafladors, to wit, on die part of the moft 
 t v>-
 
 I77-l WITH FRANCE. 
 
 Serene and moft Potent Prince, George the Second, by 
 r.he grace of God, King of Great Britain, France, 
 and Ireland, Duke of Brunfwic and Lunenburg, Arch- 
 treafurer and Elector of the Holy Roman Empire, &c. 
 the Lords John Eariof Sandwich, Vifcount of Hinch- 
 jnbrooke, Baron Montagu of St. Neots, Peer of 
 England, firft Lord CommifTioner of the Admiralty, 
 one of the Lords Regents of the kingdom, his Mi- 
 nifter. Plenipotentiary to the Lords the States General 
 of the United Provinces; and Thomas Robinfon, 
 Knight of the moft honourable Order of the Bath, and 
 his Minifter Plenipotentiary to his Majefty the Empe- 
 ror of the Romans, and lier Majefty the Empreis 
 Queen of Hungary and Bohemia: and on the part 
 of the moft Serene and rnoft Potent Prince, Ferdinand 
 the Sixth, by the grace of God, King of Spain and of 
 the Indies, the Lord Don James Maffone de Lima y 
 So to Mayor, Lord of the Bed-chamber of his faid 
 Catholic Majefty, and Major General of his armies, 
 By virtue of their full powers^ which they have com- 
 municated ? and copies whereof are added at the end 
 of the prefent act, have agreed upon what follows. 
 
 That his Catholic Majefty, defying to contribute and 
 concur to re-eftablifh and fettle, as foon as pofiible ? 
 the peace of Europe, accedes, by virtue of the pre- 
 ient act, to the faid treaty, and two feparate articles, 
 without any referve or exception, in a firm confidence, 
 that whatfoever is promifed therein to his faid Majefty ? 
 (hall be faithfully fulfilled j declaring, at the fame rime, 
 and promifmg, that he will allb perform moft faith- 
 fully all the articles, claufes^ and conditions which 
 concern him* 
 
 In like manner his Britanmc Majefty accepts thp 
 prefent acceflion of his Catholic Majeftyj and like- 
 wife promifes to perform, without any referve or ex- 
 ception, all the articles, claufes, and conditions con- 
 tained in the faid treaty, and two feparate Articles, in* 
 ferted above, 
 
 P The
 
 456 TREATIES 
 
 The ratifications of the prefent act fhall be exchan- 
 ged in 'this city of Aix-la-Chapelle in the Ipace of a. 
 Inonth, to be computed from this day. 
 
 In teftimony whereof, we the Ambafiadors Extra- 
 ordinary and Plenipotentiaries of his Britannic 
 Majefty, arid of his Catholic Majefty, have figned 
 r.he prefent act, and have- caufcd the feal of ou;; 
 arms to be fet thereto. 
 
 Done at Aix-la-Chaptlle, the ;oth of October, 
 1748. 
 
 (L. S.) Sandwich. (L. S.) Den Jawts Mafones de 
 (L. S.) T. Rcbinjon. Lima y Soto Mayer. 
 
 HJ Catholic Majffty's Full Power. 
 
 FERDINAND, by the grace of God, King of 
 Paftille, of Leon, ofAragon, of the Two Sicilies, of 
 Jerufalem, of Navarre, of Granada, of Toledo, of 
 Valencia, of Galicia, of Majorca, of Seville, of Sar- 
 dinia, of Cordova, of Corfica, of Murcia, of Jaen, of 
 the Algarves, of Algczira, of Gibraltar, of the Canary 
 Iflands, of the Eaft and Weft Indies, the Iflands and 
 Terra Firma of the Ocean Sea, Archduke of Auilria, 
 Duke of Burgundy, of Brabant and Milan, Count of 
 Hapfburg, of Flanders, Tirol, and Barcelona, Lord of 
 Bifcay and of Molina, &c. Whereas it has been my 
 moft earned defire, ever fince Di /me Providence has 
 truftcd me with the government of the vaft domi- 
 nions annexed to my crown, to put an honourable end 
 to the troubles in which I found my arms involved, 
 and to concur in givifig peace to Europe, by all the 
 juft means that fhould appear moil conducive to that 
 end : and whereas I knowing that feveral Miniliers, 
 and particularry thofe of the Povvers now at war, are 
 meeting at Aix-la-Chapelle with the fame view to a 
 general pacification; and it being therefore neceflary 
 that I fh6uld appoint one to aiFift on my part, en- 
 dowed with that fidelity, zeal, and underftanding, ro- 
 for fuch a purpofe, and finding in you, Don
 
 1787-] WITH FRANCE. 457, 
 
 Jaime Mafone de Lima, Lord of my Bed-chamber, 
 and Major General of my armies, thefe fpecial and 
 diftinguilhed qualifications ; I do chufe and nominate 
 you, to the end that, inverted with the character of 
 my Ambafiador Extraordinary and Plenipotentiary, 
 you do repair, in my name, to Aix-la-Chapelk", and, 
 reprefenting at that place my own perfon, you do 
 treat and confer with the Minifter or Minifters of the 
 Powers now at war, who do already, or fhall hereafter, 
 refide there, or in any other place where it fhall be 
 thought convenient to treat -, and to the end that you 
 mayj, in the fame manner, conclude and fign with the 
 faid Minifters, the treaty or treaties which fhall tend to 
 the fole view of producing a folid and honourable 
 peace ; and whatever you may thus treat ofj conclude, 
 and fign, I do from this time acknowledge as accepted 
 and ratified, and promife, upon my Royal word, to 
 pbferve and fulfil, and to caufe the fame to be ob- 
 jferved and fulfilled, in the fame manner as if I myfelf 
 had treated and conferred upon, concluded and figned 
 the fame. To which end, I do hereby give you all 
 my authority and full power, in the moft ample man- 
 ner as by law required. In witnefs whereofj I have 
 caufed the prefents to be difpatched, figned with my 
 hand, fealed with my fecret feal, and counterfigned 
 by my under-written counfellor, and fecretary of ftate, 
 and of the general dilpatch of war, the revenues, In- 
 dies, and marine. Given at Aranjues, the lath of 
 }tfay, 1748. I the KING. 
 
 Ccnon de Somo'de Villa* 
 
 ... His Sardinian Majeftfs Acceffwn. 
 
 In the Name of the moft Holy and Undivided Tri- 
 nity, Father, Son, and Holy Ghoft. 
 
 B E it known to all thpfe to whom it fhall or may 
 belong. 
 
 The AmbafTadors Extraordinary and Plenipoten- 
 tiaries of his Britannic Majefty, of his moft Chriftian 
 
 Majefty,
 
 45 8 TREATIES [1259 
 
 Majefty, and of the High and Mighty Lords the States 
 General of the United Provinces, having concluded 
 and figned in this city of Aix-la-Chapelle, the i8th of 
 the month of October laft a upon the foundation of the 
 preliminaries at firft agreed to and fettled amongft 
 them the thirtieth of April of this year, a general and 
 definitive treaty of peace, arid two feparate article, 
 the tenor ot which treaty and ieparate articles is as fol- 
 lows. 
 
 [Fiat Infer tio.'] 
 
 And the faid Ambafladors Extraordinary and Pleni- 
 potentiaries having amicably invited the AmbafTadors 
 Extraordinary and Plenipotentiaries of his Majefty the 
 King of Sardinia to accede thereto, in the name of his 
 laid Majefty j 
 
 The under-written Ambafladors, to wit, on the part 
 of the mod Serene and moil Powerful Prince, George 
 the Second, by the grace of God, King of Great Bri- 
 tain, France, and Ireland, the Lords John Earl of 
 Sandwich, Vifcount of Hinchinbrooke, Baron Mon- 
 tagu of Saint Neots, Peer of England, Firft Lord 
 Commiflioner of the Admiralty, one of the Lords Re- 
 gents of the kingdom, his Minifter Plenipotentiary to 
 the Lords the States General of the United Provinces ; 
 and Thomas Robinlbn, Knight of the moft honourable 
 Order of the Bath, and his Minifter Plenipotentiary to 
 his Majefty the Emperor of the Romans, and her Ma- 
 jefty the Emprefs Queen of Hungary and Bohemia i 
 and on the part of the moft Serene and moft Potent 
 Prince, Charles Emanuel the Third, by the grace of 
 pod, King of Sardinia, the Lords Don Jgfeph Ofib- 
 rio, Chevalier Grand Croix, and Grand Confervator of 
 die Military Order of the Saints Maurice and Lazarus, 
 and Envoy Extraordinary of his Majefty the King of 
 Sardinia to his Majefty the King of Great Britain ; and 
 Jofeph Borre, Count c!e la Chavanne, his Counfellor 
 of State, and his Miniiter to die Lords the States Ge- 
 neral of the United Provinces, by virtue of their full 
 po',vers, which tiity have communicated to each other, 
 
 WQ
 
 1787-] WITH FRANCE, 459 
 
 2nd copies whereof are added at the end of the preient 
 act, have agreed upon what follows. 
 
 That his Majefty the King of Sardinia, defiring to 
 contribute and concur to re-eftablifh and fettle, as foon 
 as poflible, the peace of Europe, accedes, by viruie 
 of the prefent aft, to the faid treaty^ and two feparate 
 articles, in a firm confidence, that whatfoever is pro- 
 mifed therein to his faid Majefty, fhall be faithfully 
 fulfilled ; declaring at the fame time, and promifmg, 
 that he will alfo perform, moil faithfully, all the arti- 
 cles, claufes, and conditions, which regard him. 
 
 In like manner his Britannic Majefty accepts the 
 prefent acceflion of his Majefty the King of Sardinia; 
 and likewife promifes to perform, without any referve 
 or exception, all the articles, claufes, and conditions^ 
 contained in the faid treaty, and the two feparate arti- 
 cles, inferted above. 
 
 The ratifications of the prefent aft fhall be exchanged 
 in this city of Aix-la-Chapelle, in the fpace of twenty- 
 five days, to be computed from this day. 
 
 Jn teftimony whereof, we the Ambafladors Extraor- 
 dinary and Plenipotentiaries of his Britannic 
 Majefty, and of his Majefty the King of Sardi- 
 nia, have figned the prefent act, and have caufed 
 the feal of our arms to be fet thereto. 
 
 Pone at Aix-la-Chapelle, the feventh of Novem- 
 ber, one thoufand feven hundred forty-eight. 
 
 (L. S.) f, Robinfon* (L. S.) 0/orio. 
 
 (L. S.) De la Chavanm* 
 
 The King of Sardinia';- Full -Power. 
 
 CHARLES EMANUEL, by the grace of God, 
 King of Sardinia, of Cyprus, and of Jerufalem; Duke 
 of Savoy, of Montferrat, of Aofte, of Chablais, of 
 Genevois, and of Plaifance ; Prince of Piedmont and 
 of Oneille; Marquis of Italy, of Saluces, of Sufa, of 
 Ivree, of Ceve, of Maro, of O rift an, and of Sefane j 
 fount of Maurienne, of Geneva, of Nice, of Tende, 
 
 of
 
 TREATIES {1259 
 
 of Romont, of Aft, of Alexandria, of Gocean, of No- 
 vara, of Tortona, of Vigevano, and of Bcbbioj Ba- 
 ron of Vaud and of Faucigny ; Lord of Verceil, of 
 Pignerol, of Tarantaife, of the Lumelline, and of the 
 Valley of Sefia ; Prince and Perpetual Vicar of the 
 Holy Empire in Italy, &c. j to all who (hall fee thefe 
 prefents, greeting. Whereas, after having acceded to 
 the preliminary articles of peace, figned the 3oth of 
 April laft at Aix-la-Chapelle, we are fmcerely defirous 
 of concurring in the perfect re-eftablifhment of the 
 general peace in Europe, to which all the Powers-, 
 that have figned and acceded, as we have done, to the 
 afbrefaid preliminary articles, are difpofed to give their 
 afliftance, by reducing thofe fame preliminary articles, 
 and other acts dt-pending thereon, into one defini- 
 tive treaty of general peace. For thefe reafons, and 
 other confiderauons us thereunto moving, we, trufting 
 in the capacity, experience, zeal and fidelity for our 
 fervice, of our dear, well- beloved, and trufty, the Che- 
 valier Offbrio, Knight, Grand Croix and Grand Con- 
 fervator of our Military Order of the Saints Maurice 
 and Lazarus, and our Envoy Extraordinary to the 
 King of Great Britain j and the Count Borre de la 
 Chavanne, our Councilor of State, our Minifter to 
 the Lords the States General of the United Provin- 
 ces, and our Minifter Plenipotentiary to the confe- 
 rences of Aix-la-Chapellc, have named and deputed 
 them, as by thefe prefents we do ' name and depute 
 them, our Ambafiadors Extraordinary and Plenipoten- 
 tiaries ; and have given them, and do give them, pow r 
 er, ccmmiflion, and ipecial order ? in our name, and in 
 the faid quality of our Ambafladors Extraordinary and 
 Plenipotentiaries, to make, conclude, and fign, both 
 jointly, or one of them alcne, in cafe of abfence, fick- 
 m-fo, or other hindcrance of the other, with therefpec- 
 tive Ambafiadors Extraordinary' and Plenipotentiaries 
 of the above-mentioned Powers, jointly or fepar 
 provided with powers for that purpofe, fuch definitive 
 treaty of pe act-, articles, conventions, or acts, a-
 
 1787-] WITH FRANCE. 46* 
 
 ihall tliink fit, for re-eftablilhing, in a folid manner, 
 the general peace in Europe, or to accede to thofe 
 which fhall have been already concluded and figned 
 for the fame end; willing, that they fhould, upon 
 thofe occafions, act with the fame authority as we 
 would do, if we were prefent in perlbn^ and even if 
 any thing fhould occur, which might require a more 
 ipecial order, not contained in thefe prefents : promi- 
 fing, upon the faith and word of a King, to obferve and 
 cauie to be obferved inviolably all that Ihall be done, 
 agreed, regulated, and figned by the above-mentioned 
 Chevalier Offorio and Count de la Chavanne, our Am- 
 bafTadors Extraordinary and Plenipotentiaries, with- 
 out contravening, or fufrering any contravention there- 
 to, directly or indirectly, for what caufe or under 
 what pretext foever it (hall or may be ; as alfo to caufe 
 to be difpatched our letters of ratification thereof in 
 due form, to be exchanged within the term which fhall 
 be agreed on. In witnefs whereof, we have figned 
 thefe prefents with our hand, and caufed them to be 
 counterfigned by the Marquis D. Leopold de Carret 
 de Gorzegne, our Firft Secretary of State for foreign 
 affairs, and caufed the fecret feal of our arms to be af- 
 fixed thereto. , Given at Turin, the twenty-fourth of 
 the month of Auguft, in the year of our Lord one 
 thoufand feven hundred and forty- eight, and of our 
 reign the nineteenth. 
 
 (L S.) C. EMANUEL. 
 (Lower) Carret de Gorzegw. 
 
 The AcceJJlon of the Duke of Modena. 
 
 In the Name of the moft Holy and Undivided Tri- 
 nity, Father, Son, and Holy Ghoft. 
 
 BE it known to all thofe to whom it fhall or may 
 belong. The Ambafiadors Extraordinary and Pleni- 
 potentiaries of his Britannic Majefty, of his moft 
 Chriftian Majefty, and cf the High and Mighty Lords 
 the States General of the United Provinces, having' 
 
 concluded
 
 TREATIES [1259 
 
 concluded and figned, in this city of Aix-la-Chapelle, 
 the 1 8th of the prefent month of October, upon the 
 foundation of the preliminaries, at firft agreed upon 
 and concluded amongft them the jCth day of April of 
 this year, a general and definitive treaty of peace, and 
 two feparate articles, the tenor of which treaty and 
 fcparate articles follows. 
 
 [Fiat Infer i'to.] 
 
 And the faid .Ambafladors Extraordinary and Ple- 
 nipotentiaries having amicably invLed the Minifter 
 Plenipotentiary of his mod Serene 1 lighnefs, Francis 
 the Third, by the grace of God, Duke of Modena, 
 Reggio, Mirandola, &c. to accede thereto, in the name 
 of* his moil Serene Highnefs; 
 
 The under-written Ambafladors and Miniller Pleni- 
 potentiary, to wit, on the part of the moil Serene and 
 moll Potent Prince George the Second, by the grace 
 of Go<l King of Great Britain, France, and Ireland, 
 the Lords, John Earl of Sandwich, Vifcount of Hinch- 
 inbrooke, Baron Montagu of St. Neots, Peer of 
 England, Firft Lord Commifiaoner of the Admiralty, 
 one of the Lords Regents of die kingdom, his Minifter 
 Plenipotentiary to the Lords the States General of die 
 United Provinces ; and Thomas Robinfon, Knight of 
 the mod honourable Order of the Bath, and his Mini- 
 fter Plenipotentiary to his Majefty the Emperor of thi: 
 Romans, and her Majefty the Emprefs Queen of 
 FJungary and Bohemia : and on the part of his moil 
 Serene Highnefs the Duke of Modena, the Sieur 
 Count de Monzone, his Counfellor of State, and Co- 
 lonel in his fervice, and his Minifter Plenipotentiary to 
 his mod Chriftian Majefty ; by virtue of their full 
 powers, which they have communicated to each otiier, 
 ajid of which copies are added at the end of die pre- 
 lent aft, have agreed on what follows. 
 
 That his moil Serene Highnefs the Duke of Mo- 
 dena, defiring to contribute and concur to re-eilabliili 
 aiul fettle, as foon as poil'ble, the peace of Europe, 
 
 ac<; .
 
 1787.] WITH FRANCE* 463 
 
 accedes, by virtue of the prefent act, to the faid treaty 
 and two feparate articles, without any referve or ex- 
 ception, in a firm confidence* that what is promifcd 
 to his faid moft Serene Highriefs therein, ihall be 
 faithfully fulfilled ; declaring and promifing, at the 
 fame time,- that he will alfo perform, moft faithfully, 
 all the articles, claufes, and conditions, which concern 
 him. 
 
 In like manner his Britannic Majefty accepts the 
 prefent accefiion of his moft Serene Highnefs the Duke 
 of Modena, and promifes likewife to fulfil, without 
 any referve or exception, ,all the articles, claufes, and 
 conditions, contained in the faid treaty and the two fe- 
 parate articles, inferted above. 
 
 The ratifications of the prefent act Hiall be ex- 
 changed, in this city of Aix-la-Chapelle> in the fpace 
 of three weeks, to be computed from this day. 
 
 In teftimony whereof, we the Ambaffadors Extraor*. 
 dinary and Minifter Plenipotentiary of his Bri- 
 tannic Majefty, and of his moft Serene High- 
 nefs the Duke of Modena, have figned the pre- 
 fent act, and have caufed the feal of our arms to 
 be fet thereto. 
 
 Bone at Aix-la-Chapelle, the afth of October, 
 I 74 '8. 
 
 (L. S.) ?. Robinfoh. (L. S.) Le Comie <te Monzovt, 
 
 The Duke cf Modena's Full Power. 
 Francis Duke of Modena, Reggio, Mirandola* 
 
 WHEREAS, in the conferences to be held at 
 Aix-la-Chapelle, for a general pacification between 
 the Powers concerned in the prefent war* affairs are to 
 be treated of which regard us ; for which it is necef- 
 fary to have a Minifter there, on whofe ability, fidelity, 
 and prudence we may fafely rely, we have not thought 
 that we could employ any perfon with greater confi- 
 dence, on this occafion, than the Count de Monzorie, 
 
 cur
 
 464 TREATIES [1259 
 
 our Councilor of State, Minifter Plenipotentiary at the 
 court of his mod Chriftian Majefty, and Colonel in 
 our lervice; for which reafon, we do chufe and de- 
 pute him for our Minifter Plenipotentiary at the faid 
 Congrefs, by giving and granting to him faculty, au- 
 thority, and full power, with general and fpeeial order, 
 to treat there, in our name, of all matters which con- 
 cern us, and to promife, agree to, conclude, ftipulate, 
 and fign, on our part, whatever he fliall judge moft 
 convenient for our fervice ; defiring, for this end, the 
 Minifters Plenipotentiary of all the Courts concerned, 
 which fhall be preicnt at the faid Congrefs, to accept of 
 and acknowledge him as our Minifter Plenipotentiary; 
 promifing, on the faith and word of a Prince, to hold 
 as confirmed and ratified, and to approve and obferve 
 all that fliall be concluded, accepted of, and ttipulated 
 by the fame Minifter Plenipotentiary. 
 
 In witncfs whereof, we have figned thcfe preterits, 
 which fhall be counterfigned by one of our Mi- 
 nifters, and have our feal affixed thereto. Given 
 at Marfeilles, this 3oth of November, 1748. 
 
 (Signed) FRANCESCO. 
 
 (And underneath counterfigned) 
 
 De 
 
 tte Republic of Genoa's AcccJJlon. 
 
 In the Name of the moft Holy and Undivided Tri- 
 nity, Father, Son, and Holy Ghoft. 
 
 B E it known to all thofe to whom it fliall or may 
 belong. 
 
 The Ambaffadors Extraordinary arid Plenipotenti- 
 aries of his Britannic Majefty, of his moft Chriftian 
 Majefty, and of the High and Mighty Lords the 
 States General of the Vnited Provinces, having con- 
 cluded and figned, in this city of Aix-la-Chapelle, the 
 lath of the^prefent month of . October, upon the 
 
 foundation*
 
 1787.] WITH FRANCE. 465 
 
 foundation of the preliminaries, at firft agreed upon 
 and fettled amongft them the ^oth of April of this year, 
 a general and definitive treaty of peace, and two fepa- 
 rate articles ; of which treaty and feparate articles the 
 tenor is as follows. 
 
 [Fiat Infer tio."\ 
 
 And the faid AmbafTadors Extraordinary and Ple- 
 nipotentiaries having amicably invited the Minifter 
 Plenipotentiary of the moft Serene Republic of Ge- 
 noa to accede thereto, in the name of the faid moft 
 Serene Republic ; 
 
 The under-written AmbafTadors and Minifter Ple- 
 nipotentiary j to wit, on the part of the moft Serene 
 and moft Potent Prince, George the Second, by the 
 grace of God, King of Great Britain, France, and 
 Ireland, the Lords, John Earl of Sandwich, Vifcount 
 of Hinchinbrooke, Baron Montagu of St. Neots, 
 Peer of England, Firft Lord Commiffioner of the Ad- 
 miralty, one of the Lords Regents of the kingdom, 
 his Minifter Plenipotentiary to the Lords 'the States 
 General of the United Provinces ; and Thomas Ro- 
 binfon, Knight of the moft honourable Order of the 
 Bath, and his Minifter Plenipotentiary to his Majefty 
 the Emperor of the Romans, and her Majefty the 
 Emprefs Queen of Hungary and Bohemia : and on 
 the part of the moft Serene Republic of Genoa, the 
 Sieur Francis Marquis Doria, by virtue of their full 
 powers, which they have communicated to each other, 
 and copies whereof are added at the end of the pre- 
 fent a6t, have agreed upon what follows. 
 
 That the moft Serene Republic of Genoa, defiring 
 to contribute and concur to re-eftablifh and fettle the 
 quiet of Europe, accedes, by virtue of the prefent 
 aft, to the faid treaty and two feparate articles, without 
 any referve or exception, in a firm confidence, that 
 whatfoever is promifed therein to the faid moft Serene 
 Republic, fhall be faithfully fulfilled ; declaring at the 
 fame time, and promifmg, that fhe will alfo perform, 
 
 VOL. I. Hh moft
 
 4 66 TREATIES 
 
 moft faithfully, all the articles, claufes, and conditions, 
 which regard her. 
 
 In like manner his Britannic Majefty accepts the 
 prefent acceflion of the moft Serene Republic of Ge- 
 noa; and likewife promifes to perform, without any 
 referve or exception, all the articles, claufes, a'nd con- 
 ditions contained in the faid treaty, and the two fepa- 
 rate articles, inferted above. 
 
 The ratifications of the prefent aft fhall be ex- 
 changed in this city of Aix-la-Chapelle, in the fpacc 
 of twenty-five days, to be computed from this day. 
 
 In tcftimony whereof, we the Ambafiadors Extra- 
 ordinary and Minifter Plenipotentiary of his Bri- 
 tannic Majefty, and of the moft Serene Repub- 
 lic of Genoa, have figned the prefent aft, and 
 have caufed the feal of our anns to be affixed 
 thereto. 
 
 Done at Aix-la-ChapeJle, the 28th of October 
 1748. 
 
 (L. S.) T. Rohnfon. 
 
 (L. S.) Fr. n " M." Marquis UOria. 
 
 fbe Republic cf Genoa's Full Power. 
 
 The Doge, Governors, and Procurators of die Re- 
 public of Genoa. 
 
 CONSCIOUS of the experience, fidelity, and 
 2eal of our Patrician Francefco Maria D'Oria, \vc 
 have chofen and deputed him as our Minifter Pleni- 
 potentiary at the conferences of peace at Aquifgrano, 
 otherwife Aix-la-Chapelle, or any other place where 
 the faid conferences of peace may hereafter be held, or 
 transferred to, and we have given and conferred upon 
 him, as we do give and confer upon him, ample fa- 
 culty and full power, with general and fpecial order, to 
 treat there in our name, upon the affairs which regard 
 us, and to agree to, conclude, ftipulate, and flgn, on our 
 part, whatever he lhall apprehend to be moft iuitable to 
 our interefts, and that in the fame manner as we our- 
 felves, were we prefent, could do, although a more full 
 and
 
 1787.] WITH FRANCE. 46; 
 
 and fpecial order than the prefent might be requifite, 
 defiring, for this end, the Minifters Plenipotentiaries of 
 all the courts concerned, which fhall be prefent at the 
 faid conferences, to accept of and acknowledge him 
 as our Minifter Plenipotentiary; promifing, on the 
 faith and word of a Prince, to hold as confirmed and 
 ratified, and to obferve all that fhall be concluded, ac- 
 cepted, ftipulated, and figned by the fame, in virtue of 
 the prefent full power ; as alfo to difpatch our ratifi- 
 cations in due form, to be exchanged within the time 
 which fhall be agreed upon. 
 
 Jn witnefs whereof, thefe prefents fliall be figned by 
 our under- written Secretary of State, with our 
 ufual feal affixed thereto. 
 
 Given at our royal palace, this ift of March 1748, 
 
 (L. S.) C. Giufefpe Maria Sertorio, 
 
 Secretary of State. 
 
 [The treaty of PARIS, 1763 is printed from the copy, 
 which was publiflied by authority in 1763.] 
 
 The Definitive Treaty of Peace and Friend/hip, be- 
 tween his Britannic Majefty, the moft Chriftian 
 King, and the King of Spain ; concluded at Paris, 
 the loth Day of February, 1763. 3 which tht 
 King of Portugal acceded on the fame Day. 
 
 In the Name of the moft Holy and Undivided Trinity, 
 Father, Son, and Holy Ghoft. So be it, 
 
 B E it known to all thofe to whom it fhall or may 
 in any manner belong. 
 
 It has pleafed the Moft High to diffufe the fpiritof 
 union and concord among the Princes, whofe divifions 
 had fpread the troubles in the four parts of the world, 
 and to infpire them with the inclination to caufe the 
 comforts of peace to fucceed to the misfortunes of a 
 long and bloody war, which, having arifen between 
 Hh4 England
 
 TREATIES [1259 
 
 England and France, during the reign of the moft 
 Serene and moft Potent Prince George the Second, 
 by the grace of God, King of Great Britain, of glo- 
 rious memory, continued under the reign of the moft 
 Serene and moft Potent Prince George the Third, 
 his fucceflbr, and, in its progrefs, communicated k- 
 felf to Spain and Portugal : confequently, die moft 
 Serene and moft Potent Prince, George the Third, 
 by the grace of God, King of Great Britain, France, 
 and Ireland, Duke of Brunfwic and Lunenbourg, 
 Arch-Treafurer and Elector of the Holy Roman Em- 
 pire ; the moft Serene and moft Potent Prince, 
 Lewis the Fifteenth, by the grace of God, moft Chrif- 
 tian King; and the moft Serene and Moft Potent 
 Prince, Charles the Third, by the grace of God, 
 King of Spain and of the Indies, after having laid the 
 foundations of peace in the preliminaries, figned at 
 Fontainebleau the 3d of November laft; and the 
 moft Serene and moft Potent Prince, Don Jofeph the 
 Firft, by the grace of God, King of Portugal and of 
 the Algarves,. after having acceded thereto, determined 
 to compk-at, without delay, this great and important 
 work. For this purpofe, the high contracting parties 
 have named and appointed their refpective Ambafia- 
 dors Extraordinary and Minifters Plenipotentiary, viz. 
 His facred Majefty the King of Great Britain, the 
 moft Illuftriou^.and moft Excellent Lord, John Duke 
 .iml Earl of Bedford, Marquis of Taviftock, &c. 
 his Minifter of State, Lieutenant General of his ar- 
 mies, Keeper of his privy feal, Knight of the moft no- 
 ble Order of the Garter, and his Ambaflador Extra- 
 ordinary and Minifter Plenipotentiary to his moft 
 Chriftian Majefty; his Sacred Majefty the moft Chrif- 
 itian King, the moft Illuftrious and moft Excellent 
 Lord Cstfar Gabriel de Choifeul, Duke of Prallin, 
 Peer of France, Knight of his Orders, Lieutenant 
 General of his Armies, and of the province of Bri- 
 tanny, Councilor in all his Councils, and Minifter and 
 Sec.-oary of State, and of his commands and finances 5 
 * his
 
 1787.] WITH FRANCE. 469 
 
 his facred Majefty the Catholic King, the moft Illuf- 
 trious and moft Excellent Lord, Dom Jerome Gri- 
 maldi, Marquis de Grimaldi, Knight of the moft Chrif- 
 tian King's Orders, Gentleman of his Catholic Majefty's 
 Bed-chamber in employment, and his Ambafiador Ex- 
 traordinary to his moft Chriftian Majefty ; his Sacred 
 Majefty the moft Faithful King, the moft Illuftrious and 
 moft Excellent Lord, Martin de Mello and Caftro, 
 Knight proferTed ofthe Order of Chrift, of his moft Faith- 
 ful Majefty's Council, and his AmbafTador and Minii- 
 ter Plenipotentiary to his moft Chriftian Majefty. 
 
 Who, after having duly communicated to each other 
 their full powers, in good form, copies whereof are 
 tranfcribed at the end of the prefent treaty of peace, 
 have agreed upon the articles^ the tenor of which is as 
 follows, 
 
 I. There fliall be a Chriftian, univerfal, and perpe- 
 tual peace, as well by fea as by land, and a fmcere and 
 conftant friendfhip fhall be re-eftablifhed between their 
 Britannic, moft Chriftian, Catholic, and moft Faithful 
 Majefties, and between their heirs and fucceflbrs, king- 
 doms, dominions, provinces, countries, fubjects, and 
 vafials, of what quality or condition foever they be, 
 without exception of places or of perfons : fo that the 
 high contracting parties fhall give the greateft attention 
 to maintain between themfelves and their faid domi- 
 nions and fubjects, this reciprocal friendihip and corre- 
 fpondence, without permitting, on either fide, any kind 
 of hoftilities, by lea or by land, to be committed, from 
 henceforth, for any caufe, or under any pretence what- 
 foever, and every thing ihall be carefully avoided, 
 which might, hereafter, prejudice the union happily 
 re-eftablilhed, applying themfelves, on the contrary, 
 on every occafion, to procure for each other whatever 
 may contribute to their mutual glory, interefts, and 
 advantages, without giving any affiftance or protection, 
 directly or indirectly, to thofe who would caufe any 
 prejudice to either of the high contracting parties : 
 there fliall be a general oblivion of every thing that 
 H h 3 may
 
 TREATIES. [1259 
 
 may have been done or committed before, or fmce, the 
 commencement of the war, which is juft ended. 
 
 II. The treaties of Weftphalia of 1648; thofe of 
 Madrid, between the crowns of Great Britain and 
 Spain, of 1667 and 1670; the treaties of peace of Ni- 
 meguen of 1678 and 1679; ofRyfwyck of 1697; 
 thofe of peace and of commerce of Utretcht of 17 13 ; 
 that of Baden of 1714; the treaty of the triple al- 
 liance of the Hague of 1717 i that of the quadruple 
 alliance of London of 1718; the treaty of peace of 
 Vienna of 1738 j the definitive treaty of Aix-la-Cha- 
 pelle of 1748 j and that of Madrid, between the crowns 
 of Great Britain and Spain, of 1750; as well as the 
 treaties between the crowns of Spain and Portugal, of 
 the 1 3th of February 1668; of the 6th of February 
 1715 ; and of the i2th of February 1761 ; and that 
 
 of the nth of April 1713, between France and Por- 
 tugal, with the guaranties of Great Britain ; ferve as 
 a bafis and foundation to the peace, and to the prc-- 
 fent treaty : and for this purpofe, they are all renewed 
 and confirmed in the beft form, as well as all the trea- 
 ties in general, which fubfifted between the high con- 
 tracting parties before the war, as if they were inlert- 
 cd here word for word, fo that they are to be exactly 
 pbferved, for the future, in their whole tenor, andreli- 
 gioufly executed on all fides, in all their points which (hall 
 not be derogated from by the prefcnt treaty, notwith- 
 Handing all that may have been ftipulated to the con- 
 trary by any of the high contracting parties : and all 
 the faid parties declare, that they will not fuffer any 
 privilege, favour, or indulgence, to fubfift, contrary to 
 the treaties above confirmed, except what fhall have 
 faeen agreed and ftipulated by the prefent treaty. 
 
 III. All the prifoners made, on all fides, as well by- 
 land as by fea, and the hoftages carried away, or given 
 during the war, and to this day, fhall be reftored, with- 
 out ranfom, fix weeks, at lateft, to be computed from 
 ;he day of the exchange of the ratification of the pre- 
 fent
 
 1787.] WITH FRANCE. 4741 
 
 fent treaty, each crown reflectively paying the ad- 
 vances, which fhall have been made 'for the fubfiftence 
 and maintenance of their prifbners, by the Sovereign 
 of the country where they fhall have been detained, 
 according to the attefted receipts and eftimates, and 
 other authentic vouchers, which fhall be furnifhed on 
 one fide and the other : and fecurities fhall be recipro- 
 cally given for the payment of the debts which the 
 prifoners fhall have contracted, in the countries where 
 they have been detained, until their entire liberty. 
 And all the fhips of war and merchant veflels, which 
 i"hall have been taken, fmce the expiration of the terms 
 agreed upon for the celTation of hoftilities by fea, fhall 
 be likewife reftored bond fide, with all their crews and 
 cargoes : and the execution of this article fhall be pro- 
 .ceeded upon immediately after .the exchange of the 
 ratifications of this treaty. 
 
 IV. His moft Chriftian Majefty renounces all pre- 
 tenfions, which he has heretofore formed, or might 
 form, to Nova Scotia or Acadia, in all its parts, and 
 guaranties the whole of it, and with all its dependen- 
 cies, to the King of Great Britain : moreover, his- 
 moft Chriftian Majefty cedes and guaranties to his 
 laid Britannic Majefty, in full right, Canada, with all 
 its dependencies, as well as the I Hand of Cape Breton, 
 and all the other iflands and coafts in the gulph and 
 river St. Laurence, and, in general, every thing that 
 depends on the faid countries, lands, iflands, and coafts, 
 with the fovereignty, property, pofTeflion, and all rights, 
 acquired by treaty or otherwife, which the moft Chrif- 
 tian King, and the crown of France, have had till now 
 over the faid countries, iflands, lands, places, coafts, 
 and their inhabitants, fo that the moft Chriftian King 
 cedes and makes over the whole to the faid King, and 
 to the crown of Great Britain, and that in the moft 
 ample manner and form, without reftriction, and with- 
 out any liberty to depart from the faid ceflion and 
 guaranty, under any pretence, or to difturb Great Bri- 
 tain in the pofTefiions above-mentioned. His Britanr 
 H h 4 WQ
 
 47 TREATIES [1159 
 
 nic Majefty, on his fide, agrees to grant the liberty of 
 the Catholic religion to the inhabitants of Canada: he 
 vrill confequently give the moft precife and mod ef- 
 fe<5bual orders, that his new Roman Catholic fubjects 
 may profeis the worfhip of their religion, according to 
 the rites of the Romilh church, as far as the laws of 
 Great Britain permit. His Britannic Majefty further 
 agrees, that the French inhabitants, or others who had 
 been fubjedts of the moft Chriftian King in Canada, 
 may retire, with all fafety and freedom, wherever they 
 (hall think proper, and may f<Hl their eftates, provided 
 it be to fubje&s of his Britannic Majefty, and bring 
 away their effects, as well as their perfons, without be- 
 ing reftraincd in their emigration, under any pretence 
 whatfoever, except that of debts, or of criminal profe- 
 cutions : the term limited for this emigration ihall be 
 fixed to the fpace of eighteen months, to be com- 
 puted from the day of the exchange of the ratifica- 
 tions of the prefent treaty. 
 
 V. The fubjefts of France fhall have the liberty of 
 fifhing and diying, on a part of the coafts of the Ifland 
 of Newfoundland, fuch as it is fpecified in the XHIth 
 article of the treaty of Utrecht ; which article is re- 
 newed and confirmed by the prefent treaty (except 
 what relates to the iflaiid of Cape Breton, as well as 
 to the other iflands and coafts in the mouth and in 
 the gulph of St. Laurence:) and his Britannic Ma- 
 jefty confents to leave to the fubjefts of the moft 
 Chriftian King the liberty of fifhing, in the gulph St. 
 Laurence, on condition that the fubjefts of France do 
 not exercife the faid fifhery but at the diftance of three 
 leagues from all the cuafts belonging to Great Britain, 
 as well thofe of the continent, as thofe of the iflands 
 fituated in the faid gulph St. Laurence. And as to 
 what relates to the filhery on the coafts of the ifland 
 of Cape Breton out of the faid gulph, the fubjecls of 
 the moft Chriftian King fhall not be permitted to ex- 
 ercife the faid fifhery but at the diftance of fifteen 
 Jeagucs from the coafts of the ifland of Cape Breton ;
 
 1787-] WITH FRANCE. 473 
 
 and the fifhery on the coafts of Nova Scotia or Aca- 
 dia, and every where elfe out of the faid gulph, lhall 
 remain on the foot of former treaties. 
 
 VI. The King of Great Britain cedes the ifiandsof 
 St. Pierre and Miquelon, in full right, to his moft Chrif- 
 tian Majefty, to ferve as a fhelter to the French fifh- 
 ermen: and his faid moft Chriftian Majefty engages 
 not to fortify the faid iflands ; to erect no buildings 
 upon them, but merely for the convenience of the 
 fifliery ; and to keep upon them a guard of fifty men 
 only for the police. 
 
 VII. In order to re-eftablifh peace on folid and dura- 
 ble foundations, and to remove for ever all fubjeft of 
 difpute with regard to the limits of the Britifh and 
 French territories on the continent of America ; it is 
 agreed, that, for the future, the confines between the 
 dominions of his Britannic Majefty, and thofe of his 
 moft Chriftian Majefty, in that part of the world, {hall 
 be fixed irrevocably by a line drawn along the mid- 
 dle of the river Mifliffippi, from its fource to the river 
 Iberville, and from thence, by a line drawn along 
 the middle of this river, and the lakes Maurepas and 
 Pontchartrain, to the fea ; and for this purpofe, the 
 moft Chriftian King cedes in full right, and guaranties 
 to his Britannic Majefty, the river and port of the 
 Mobile, and every thing which he pofleffes, or ought 
 to pofiefs, on the left fide of the river Miffifiippi, except 
 the town of New Orleans, and the idand in which it 
 is fituated, which fhall remain to France ; provided 
 that the navigation of the river Miffiflippi fhall be 
 equally free, as well to the fubjecls of Great Britain 
 as to thofe of France, in its whole breadth and length, 
 from its fource to the fea, and exprefly that part which 
 is between the faid ifland of New Orleans and the 
 right bank of that river, as well as the paflage both in 
 and out of its mouth. It is further ftipulated, that the 
 yeflels belonging to the fubje&s of either nation fhall 
 not be flopped, vifited, or facetted to the payment of 
 
 any
 
 474 TREATIES 
 
 any duty whatsoever. The ftipulations, inferred in the 
 IVth article, in favour of the inhabitants of Canada, 
 fliall alfo take place with regard to the inhabitants of 
 the countries ceded by this article. 
 
 VIII. The King of Great Britain fhall reftore to 
 France the iflands of Guadeloupe, of Marie Galantc, 
 of Defirade, of Martinico, and of Belleifle ; and the 
 fortrefles of thefe iflands (hall be reftored in the lame 
 condition they were in when they were conquered by 
 the Bririfh arms ; provided that his Britannic Majefty's 
 fubjects, who (hall have fettled in the laid iflands, or 
 thofe who lhall have any commercial affairs to fettle 
 there, or in the other places reftored to France by the 
 prefent treaty, lhall have liberty to fell their lands and 
 their eftates, to fettle their affairs, to recover their 
 debts, and to bring away their effects, as well as their 
 perfons, on board veflcls, which they lhall be permitted 
 to fend to the faid iflands, and other places reftored as 
 above, and which fhall fcrve for this ufeonly, without 
 being reftrained on account of their religion, or undtrtiny 
 other pretence whatfoever, except that of debts or of 
 criminal profecutions: and for this purpofe, the term of 
 cighteeen months is allowed to his Britannic Majefty's 
 fubjefts, to be computed from the day of the exchange 
 of the ratifications of the prefent treaty ; but, as the 
 liberty, granted to his Britannic Majefty's fubjecls, to 
 bring away their perfons and their effefts, in veflels of 
 their nation, may be liable to abufcs, if precautions 
 were not taken to prevent them ; it has been exprefly 
 agreed between his Britannic Majefty and his moft 
 Chriftian Majefty, that the number of Englifh veflels, 
 which lhall have leave to go to the faid iflands and 
 places reftored to France, lhall be limited, as well a* 
 the number of tons of each one ; that they fhall go in 
 ballaft ; lhall fet fail at a fixed time ; and lhall make 
 one voyage only, all the effects, belonging to the 
 Knglilh, being to be embarked at rhr lame time. It 
 has been further agreed, that his moft Chriftian Ma- 
 jefty fhall caufe the neeeflfary pafiports to be given to 
 
 ft*
 
 w ' T H FRANC E. 475 
 
 the faid veflels ; that, for the greater fecurity, it lhall 
 be allowed to place two French clerks, or guards, in 
 each of the faid veflels, which fhall be vifited in the 
 landing places and ports of the faid iflands, and places, 
 reftored to France, and that the merchandife, which 
 fhall be found therein, lhall be confifcated. 
 
 IX. The mod Chriftian King cedes and guaranties 
 to his Britannic Majefty, in full right, the iflands of 
 Grenada, and of the Grenadines, with the fame ftipu- 
 lations in favour of the inhabitants of this colony, in- 
 ferted in the I Vth article for thofe of Canada : and the 
 partition of the iflands, called Neutral, is agreed and 
 fixed, fo that thofe of St. Vincent, Dominica, and To- 
 bago, fhall remain in full right to Great Britain, and 
 that of St. Lucia fhall be delivered to France, to en- 
 joy the fame likewife in full right j and the high con- 
 tracting parties guaranty the partition fo ftipulated. 
 
 X. His Britannic Majefty lhall reflore to France the 
 ifland of Goree, in the condition it was in when con- 
 quered : and his moft Chriftian Majefty cedes, in full 
 right, and guaranties to the King of Great Britain, the 
 river Senegal, with the forts and factories of St. Lewis, 
 Podor, and Galam ; and with all the rights and depen- 
 dencies of the faid river Senegal. 
 
 XL In the Eaft Indies, Great Britain fhall reftoro 
 to France, in the condition they are now in, the dif- 
 ferent factories, which that crown poflefled, as well on 
 the coaft of Coromandel and Orixa, as on that of Ma- 
 labar, as alfo in Bengal, at the beginning of the year 
 1749. And his moft Chriftian Majefty renounces all 
 pretenfion to the acquifitions which he had made on 
 the coaft of Coromandel and Orixa, fmce the faid be- 
 ginning of the year 1749. His moft Chriftian Ma- 
 jefty fhall reftore, on his fide, all that he may have 
 conquered from Great Britain, in the Eaft Indies, dur- 
 ing the prefent war j and will exprefly caufe Nattal and 
 Tapanoully, in the ifland of Sumatra, to be reftored ; 
 he engages further, not to erect fortifications, or to 
 
 keep
 
 47$ TREATIES- [1159 
 
 keep troops in any part of the dominions of the fubah 
 of Bengal. And in order to preferve future peace on 
 the coaft of Coromandel and Orixa, the Englilh and 
 French fhall acknowledge Mahomet Ally Khan for 
 lawful nabob of the Carnatic, and Salabat Jing for 
 lawful fubah of the Decan ; and both parties (hall re- 
 nounce all demands and pretenfions of fatisfac"lion, 
 with which they might charge each other, or their In- 
 dian allies, for the depredations or pillage committed, 
 on die one fide or on the other, during the war. 
 
 XII. The ifland of Minorca fliall be reftored to his 
 Britannic Majefty, as well as Fort St. Philip, in the 
 fame condition they were in when conquered by the 
 arms of the moft Chriftian King ; and with the artil- 
 lery which was there when the faid ifland and the 
 laid fort were taken. 
 
 XIII. The town and port of Dunkirk fhall be put 
 into the ftate fixed by the laft treaty of Aix-la-Cha- 
 pelle, and by former treaties. The Cunecte fhall be 
 deftroyed immediately after the exchange of the rati- 
 fications of the prefent treaty, as well as the forts and 
 batteries which defend the entrance on the fide of the 
 fea i and provifion fhall be made, at the fame time, 
 for the wholefbmenefs of the air, and for the health of 
 the inhabitants, by fome other means, to the fatisfac- 
 tion of the King of Great Britain. 
 
 XIV. France fliall reftore all the countries belong- 
 ing to the electorate of Hanover, to the Landgrave of 
 HefTe, to the Duke of Brunfwic, and to the Count 
 of La Lippe Buckebourg, which are or fliall be occu- 
 pied by his moft Chriftian Majefty's arms : the for- 
 tifies of thefe different countries fliall be reftored in 
 the fame condition they were in when conquered by 
 the French arms ; and the pieces of artillery, which 
 ihall have been carried elfewhere, fhall be- replaced by 
 die fame number, of the fame bore, \veighr, and 
 metal. 
 
 xv. i n
 
 1787.] WITH FRA'NCE. 477. 
 
 XV. In cafe the (lipulations, contained in the XHIth 
 article of the preliminaries, fhould not be compleated 
 at the time of the fignature of the prefent treaty, as 
 well with regard to the evacuations to be made by the 
 armies of France of the fortrefles of Cleves, Wefel, 
 Guelders, and of all the countries belonging to the 
 King of Prufiia, as with regard to the evacuations to 
 be made by the Britifh and French armies of the coun- 
 tries which they occupy in Weftphalia, Lower Saxony, 
 on the Lower Rhine, the Upper Rhine, and in all the 
 empire, and to the retreat of the troops into the do- 
 minions of their refpe&ive fovereigns ; their Britannic 
 and moft Chriftian Majefties promife to proceed, bond 
 fde, with all the difpatch the cafe will permit of, to the 
 faid evacuations, the entire completion whereof they 
 flipulate before the i5th of March next, or fooner if it 
 can be done ; and their Britannic and moft Chriftian 
 Majefties further engage, and promife to each other, 
 not to furnilh any fuccours, of any kind, to their re- 
 fpeftive allies, who fhall continue engaged in me war 
 in Germany. 
 
 XVI. The decifion of the prizes made, in time of 
 peace, by the fubjects of Great Britain, on the Spa- 
 niards, {hall be referred to the courts of jufHce of the 
 admiralty of Great Britain, conformably to the rules 
 eftabliihed among all nations, fo that the validity of 
 the faid prizes, between the Britifh 'and Spanifh na- 
 tions, fhall be decided and judged, according to the 
 law of nations, and according to treaties, in the courts 
 of juftice of the nation who fhali have made -the 
 capture. 
 
 XVII. His Britannic Majefty {hall caufe to be demo- 
 liflied all the fortifications which his fubjeclis fhall have 
 ereded 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 prefent treaty: 
 and his Catholic Majefty {hall not permit his Britannic 
 Majefty's fubjefts, or their workmen, to be difturbed 
 
 or
 
 47 S TREATIES 
 
 or molefted, under any pretence whatfover, in the faid 
 places, in their occupation of cutting, loading, and car- 
 rying away logwood : and. for this purpofe, they may 
 build without hinderance, and occupy without interrup- 
 tion, the houfes and magazines which are neceflary for 
 them, for their families, and for their effects : and his 
 Catholic Majefty allures to them, by this article, the 
 full enjoyment of thofe advantages, and powers, on the 
 Spanifh coafts and territories, as above ftipulated, im- 
 mediately after the ratification of the prefent treaty. 
 
 XVIII. His Catholic Majefry defifts, as well for 
 himfelf, as for his fucceflbrs, from all pretenfion, which 
 he may have formed, in favour of the Guipufcoans, 
 and other his fubjects, to the right of filhing in the 
 neighbourhood of the ifland of Newfoundland. 
 
 XIX. The King of Great Britain fliall reftore to 
 Spain all the territory which he has conquered in the 
 ifland of Cuba, with the fortrefs of the Havana, and 
 this fortrefs, as well as all the other fortrefies of the 
 laid ifland, fhall be reftored in the fame condition they 
 were in when conquered .by his Britannic Majefty's 
 arms ; provided, that his Britannic Majefty's fubjefts, 
 who (hall have fettled in the faid ifland, reftored to 
 Spain by the prefent treaty, or thofe who fhall have 
 any commercial affairs to fettle there, fhall have liberty 
 to fell their lands, and their eftates, to fettle their af- 
 fairs, to recover their debts, and to bring away their 
 effects, as well as their perfons, on board veflels which 
 they fhall be permitted to fend to the faid ifland re- 
 ftored as above, and which fhall ferve for that ufe only, 
 without being reftrained on account of their religion, or 
 under any other pretence whatfoever, except that of debts, 
 or of criminal profecutions : and for this purpofe, the 
 term of eighteen months is allowed to his Britannic 
 Majefty's fubjefts, to be computed from the day of the 
 exchange of the ratifications of the prefent treaty : but 
 as the liberty, granted to his Britannic Majefty's fub- 
 jects, to bring away their perfyns, and their effects, in 
 
 vcffck
 
 1787.] WITH FRANCE. 472 
 
 veffels of their nation, may be liable to abufes, if pre- 
 cautions were not taken to prevent them j it has been 
 exprefly agreed, between his Britannic Majefty and his 
 Catholic Majefty, that the number of Englifh veffels, 
 which fhall have leave to go to the faid ifland reftored 
 to Spain, fhall be limited, as well as the number of 
 tons of each one; that they fhall go in ballaft; fhall 
 fet fail at a fixed time ; and fhall make one voyage 
 only j all the effects belonging to the Englifh being to 
 be embarked at the lame time : it has been further 
 agreed, that his Catholic Majefty fhall caufe the necef- 
 fary paffports to be given to the faid veffels ; that, for 
 the greater fecurity, it lhall be allowed to place two 
 Spanifh clerks, or guards, in each of the faid veffels, 
 which fhall be vifited in the landing-places and ports 
 of the faid ifland reftored to Spain, and that the mer- 
 chandize, which fhall be found therein, fhall be con- 
 fifcated. 
 
 XX. In confequence of the reftitution ftipulated in 
 the preceding article, his Catholic Majefty cedes and 
 guaranties, in full right, to his Britannic Majefty, Flo- 
 rida, with Fort St. Auguftin, and the Bay of Penfacola, 
 as well as all that Spain poffeffes on the continent of 
 North America, to the eaft, or to the fouth-eaft, of the 
 river Miffiffipi ; and, in general, every thing that de- 
 pends on the faid countries, and lands, with the fove- 
 reignty, property, poffeffion, and all rights, acquired by 
 treaties or otherwife, which the Catholic King, and the 
 crown of Spain, have had, till now, over the faid 
 countries, lands, places, and their inhabitants i fo that 
 the Catholic King cedes and makes over the whole to 
 the faid King, and to the crown of Great Britain, and 
 that in the moft ample manner and form. His Bri- 
 tanic Majefty agrees, on his fide, to grant to the in- 
 habitants of the countries, above ceded, the liberty of 
 the Catholic religion : he will confequently give the 
 moft exprefs and the moft effectual orders, that his new 
 Roman Catholic fubjects may profefs the worfhip of 
 their religion, according to the rites of the Romifh, 
 
 church,
 
 480 T R E A TIES [1259 
 
 church, as far as the laws of Great Britain permit : 
 his Britannic Majefty further agrees, that the Spanifh 
 inhabitants, or others, who had been fubjecls of the 
 Catholic King in the faid countries, may retire, with 
 all fafety and freedom, wherever they think proper ; 
 and may fell their eftates, provided it be to his Britan- 
 nic Majefty's fubjects, and bring away their effects, as 
 well as their perfons, without being reftrained in their 
 emigratioh, under any pretence whatfoever, except that 
 of debts, or of criminal profecutions : the term limited 
 for this emigration being fixed to the fpace of eighteen 
 months, to be computed from the day of the exchange 
 of the ratifications of the prefent treaty. It is more- 
 over ftipulated, that his Catholic Majefty fhall have 
 power to caule all the effects, that may belong to 
 him, to be brought away, whether it be artillery or 
 other things. 
 
 XXI. The French and Spanifh troops ftiall eva- 
 cuate all the territories, lands, towns, places, and caf- 
 tles, of his moft Faithful Majefty, in Europe, without 
 any referve, which fhall have been conquered by the 
 armies of France and Spain, and fhall reftore them in 
 the fame condition they were in when conquered, with 
 the fame artillery and ammunition which were found 
 there : and, with regard to the Portuguele colonies in 
 America, Africa, or in the Eaft Indies, if any change 
 ihall have happened there, all things Ihall be reftorcd 
 on the fame footing they were in, and conformably to 
 the preceding treaties . which fubfiftcd between the 
 courts of Fiance, Spain, and Portugal, before the 
 prefent war. 
 
 XXII. All the papers, letters, documents, and ar- 
 chives, which were found in the countries, territories, 
 towns, and places, that are reftored, and thofe belong- 
 ing to the countries ceded, fhall be refpeflively and 
 bond fide delivered, or furnifhed, at the fame time, if 
 poflible, that poffeffion is taken, or, at lateft, four 
 months after the exchange of the ratifications of the 
 
 prefent
 
 1787.] WITH FRANCE. 4 8i 
 
 prefent treaty, in whatever places the faid papers' or 
 documents may be found. 
 
 XXIII. All the countries and territories, which may 
 have been conquered, in whatfoever part of the world, 
 by the arms of their Britannic and moft Faithful 
 Majefties, as well as by thofe of their moft' Chriftian 
 and Catholic Majefties, which are not included in the 
 prefent treaty, either under the title of Ceffions, or un- 
 der the title of Reftitutions, fhall be reftored without 
 difficulty, and without requiring any compenfation. 
 
 XXIV. As it is necefTary to afiign a fixed epoch 
 for the reftitutions, and the evacuations, to be made by 
 each of the high contracting parties ; it is agreed, that 
 the Britifh and French troops fhall compleat, before 
 the 1 5th of March next, all that fhall remain to be ex- 
 ecuted of the Xllth and Xlllth articles of the preli- 
 minaries, figned the ^d day of November laft, with 
 regard to the evacuation to be made in the empire, or 
 elfewhere. The ifland of Belleifle fhall be evacuated 
 fix weeks after the exchange of the ratifications of the 
 prefent treaty, or fooner if it can be done ; Guade- 
 loupe, Defirade, Marie Galante, Martinico, and St. 
 Lucia, three months after the exchange of the ratifi- 
 cations of the prefent treaty, or fooner if it can be 
 done. Great Britain fhall likewife, at the end of three 
 months after the exchange of the ratifications of the 
 prefent treaty, or fooner if it can be done, enter into 
 pofTefiion of the river and port of the Mobile, and of 
 all that is to form the limits of the territory of Great 
 Britain, on the fide of the river MifTiffippi, as they are 
 fpecified in the Vllth article. The ifland of Goree 
 fliall be evacuated by Great Britain, three months af- 
 ter the exchange of the ratifications of the prefent 
 treaty ; and the ifland of Minorca, by France, at the 
 fame epoch, or fooner if it can be done : and accord- 
 ing to the conditions of the Vlth article, France fhall 
 likewife enter into pofTeffion of the iflands of St. P&- 
 ter, and of Miquelon, at the end of three months af 
 
 VOL. I. I i tcr
 
 4 3a TREATIES {1259 
 
 tcr the exchange of the ratifications of the prefent 
 treaty. The factories in the Eaft Indies fhall be re- 
 ftored fix months after the exchange of the ratifications 
 of the prefent treaty, or fooner if it can be done. The 
 fortrefs of the Havana, with all that has been con- 
 quered in the ifland of Cuba, fhall be reftored three 
 months after die exchange of the ratifications of the 
 prefent treaty, or fooner if it can be done : and, at the 
 fame time, Great Britain (hall enter into pofleffion of 
 the country ceded by Spain, according to the XXth 
 article. All the places and countries of his moft 
 Faithful Majefty, in Europe, (hall be reftored imme- 
 diately after the exchange of the ratifications of the 
 prefent treaty ; and the Portuguefe colonies, which may 
 have been conquered, fhall be reftored in the fpace of 
 three months in the Weft Indies, and of fix months 
 in the Eaft Indies, after the exchange of the ratifica- 
 tions of the prefent treaty, or fooner if it can be done. 
 All the fbrtreffes, the reftitution whereof is ftipulated 
 above, fhall be reftored with the artillery and ammu- 
 nition which were found there at the time of the 
 ccnqueft. In confequence whereof, the neceflary or- 
 ders fhall be fent by each of the high contracting par- 
 ties, with reciprocal pafiports for the fliips that Ihall 
 carry them, immediately after the exchange of the ra- 
 tifications of the prefent treaty. 
 
 XXV. His Britannic Majefty, as Elector of Brunf- 
 v/ick Lunenburg, as well for himfelf, as for his heirs 
 and fucceflbrs, and all the dominions and pofTeflions ol 
 his faid Majefty in Germany, are included and guaran- 
 tied by the prefent treaty of peace. 
 
 XXVI. Their Sacred Britannic, moft Chriftian, 
 Catholic, and moft Faithful Majefties, promife to 
 obferve, flncerely and bond fide y all the articles con- 
 tained and fettled in the prelcnt treaty i and they will 
 not fuffer the fame to be infringed, directly or indi- 
 rectly, by their refpective f ubjects j and the faid high 
 contracting parties, generally and reciprocally, gua- 
 ranty
 
 1787-] WITH FRANCE. 483 
 
 ranty to each other all the ftipulations of the prefent 
 treaty. 
 
 XXVII. The folemn ratifications' of the prefent treaty, 
 expedited in good and due form, fhall be exchanged in 
 this city of Paris, between the high contracting par- 
 ties, in the fpace of a month, or fooner if poffible, to 
 be computed from the day of the fignature of the pre- 
 fent treaty. 
 
 In witnefs whereof, we the underwritten, their Am- 
 bafladors Extraordinary, and Minifters Plenipo- 
 tentiary, have figned with our hand, in their name, 
 and in virtue of our full powers, the prefent defi- 
 nitive treaty, and have caufed the feal of our 
 arms to be put thereto. 
 
 Done at Paris, the loth of February, 1763. 
 
 Bedford, C.P.S. Cboifeul, Due El Marcf fa 
 (L. S.) de Praftin. Grimaldi. 
 
 (L. S.) (L. S.) 
 
 Separate Articles. 
 
 I. SOME of the tides made ufe of by the con- 
 tracting Powers, either in the full powers, and other 
 acts, during the courfe of the negotiation, 'or in the 
 preamble of the prefent treaty, not being generally 
 acknowledged ; it has been agreed, that no prejudice 
 fliall ever refult therefrom to any of the faid con- 
 tracting parties, and that the titles, taken or omitted, 
 on either fide, on occafion of the faid negotiation, 
 and of the prefent treaty, fhall not be cited, or quoted 
 as a precedent. 
 
 II. It has been agreed and determined, that the 
 French language, made ufe of in all the copies of the 
 prefent treaty, fhall not become an example, which 
 may be alledged or made a precedent of, or pre- 
 judice, in any manner, any of the contracting Powers ; 
 and that they fhall conform them/elves, for the fu- 
 ture, to what has been obferved, and ought to be 
 
 I 12 . obferved,
 
 TREATIES [12^9 
 
 obferved, with regard to and on the part of Powers, 
 who are ufed, and have a right, to give and to receive 
 copies of like treaties in another language than French ; 
 the prefent treaty having ftill the fame force and 
 effect as if the aforefaid cuftom had been therein ob- 
 ferved. 
 
 III. Though the King of Portugal has not figned 
 the prefent definitive treaty, their Britannic, moft 
 Chriftian, and Catholic Majefties, acknowledge, ne- 
 verthelefs, that his moft Faithful Majefty is formally 
 included therein as a contracting party, and as if he 
 had exprefsly figned the faid treaty : confequently, 
 their Britannic, moft Chriftian, and Catholic Majef- 
 ties, refpectively and conjointly, promife to his moft 
 Faithful Majefty, in the moft exprefs and moft bind- 
 ing manner, the execution of all and every the claufes 
 contained in the faid treaty, on his act of acceffion. 
 
 The prefent feparate articles fhall have the fame 
 force as if they were inferted in the treaty. 
 
 In witnefs whereof, we the under-written Ambafia- 
 dors Extraordinary and Minifters Plenipotentiary 
 of their Britannic, moft Chriftian, and Catholic 
 Majefties, have figned the prefent feparate arti- 
 cles, and [jave caufcd the feal of our arms to be 
 put thereto. 
 
 Done at Paris, the loth of February, 1763. 
 
 Bedford, C. P. S. Cboifeul y Due El Marcf de 
 (L. S.) de Prajlin. Grimaldi. 
 
 (L.S.) (L.S.) 
 
 Pits Britannic Majejlfs Full Power. 
 
 GEORGE R. 
 
 GEORGE the Third, by the grace of God, King 
 of Great Britain, France, and Ireland, Defender of 
 the Faith, Duke of Brunlwic and Lunenburg, Arch- 
 treafurer and Prince Elector of the Holy Roman 
 Empire, &c. - t to all and fingular to whom thefe pre- 
 
 icnts
 
 1787.1 WITH FRANCE. 485 
 
 fents fhall come, greeting. Whereas, in order to 
 perfect the peaee between us and our good brother 
 the mod Faithful King, on the one part, and our good 
 brothers the moft Chriftian and Catholic Kings, on 
 the other, which has been happily begun by the pre- 
 .liminary articles already figned at Fontainebleau the 
 3d of this month, and to bring the fame to the de- 
 fired end, we have thought proper to inveft fome fit 
 perfon with full authority, on our part; Know ye, 
 that we, having moft entire confidence in the fidelity, 
 judgment, (kill, and ability, in managing affairs of 
 the greateft confequencc, of our right trufly and right 
 entirely beloved coufm and counfellor, John Duke 
 and Earl of Bedford, Marquis of Taviftock, Baron 
 Ruflel of Cheneys, Baron Ruffel of Thornhaugh, and 
 Baron Howland of Streatham, Lieutenant General of 
 our forces, Keeper of our Privy Seal, Lieutenant and 
 Cuftos Rotulorum of the counties of Bedford and 
 Devon, Knight of our moft noble Order of the Gar- 
 ter, and our AmbaiTador Extraordinary and Plenipo- 
 tentiary to our good brother the moft Chriftian King, 
 have nominated, made, conftituted, and appointed, as 
 by thefe prefents we do nominate, make, conftitute, 
 and appoint him pur true, certain, and undoubted 
 Minifter, CommirTary, Deputy, Procurator, and Ple- 
 nipotentiary, giving to him all and all manner of pow- 
 er, faculty, and authority, as well as our general and 
 Ipecial command (yet fo as that the general do not 
 derogate from the fpecial, or on the contrary) for us 
 and in our name to meet and confer, as well fmgly 
 and feparately, as jointly and in a body, with the Am- 
 bafTadors, Commiflaries, Deputies, and Plenipoten- 
 tiaries of the Princes whom it may concern, veiled 
 with fufficient power and authority for that purpofe, 
 and with them to agree upon, treat, confult, and con- 
 clude concerning the re-eftablifhing, as foon as may 
 be, a firm and lading peace, and fincere friendlhip 
 and concord; and whatever fhall be fo agreed and 
 concluded, for us and in our name to fign, and to 
 I i 3 make
 
 4 S6 TREATIES [1259 
 
 make a treaty or treaties on what fhall have been fo 
 agreed and concluded, and to tranfact every thing elfe 
 that may belong to the happy completion of the afore- 
 faid work, in as ample a manner and form, and with 
 the fame force and effect, as we ourfelves, if we were 
 prefent, could do and perform j engaging and promi- 
 fmg, on our Royal word, that we will approve, ratify, 
 and accept, in the beft manner, whatever fhall hap- 
 pen to be tranfacted and concluded by our faid Pleni- 
 potentiary, and that we will never fuffer any pcrfon 
 to infringe or aft contrary to the fame, either in the 
 whole or in part. In witnefs and confirmation where- 
 of, we have caufed our great feal of Great Britain to 
 be affixed to thefe prefents, figned with our Royal 
 hand. Given at our palace at St. James's, the 1 2th 
 day of November, 1762, in the third year of our 
 reign. 
 
 His moft Cbriftian Majeftfs Full Power. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre, to all who fhall fee thefe prefents, greet- 
 ing. Whereas the preliminaries, figned at Fontaine - 
 bleau the jd of November of the laft year, laid the 
 foundation of the peace re-eftablifhed between us and 
 our moft dear and moft beloved good brother and 
 coufin the King of Spain, on the one part, and our 
 moft dear and moft beloved good brother the King of 
 Great Britain, and our moft dear and moft beloved 
 good brother and eoufin the King of Portugal, on the 
 other, we haye had nothing more at heart, fmce that 
 happy epoch, than to consolidate and ftrengthen, in 
 the moft lading manner, fo falutary and fo important 
 a work, by a folemn and definitive treaty between us 
 and the faid Powers. For thefe cauies, and other 
 good confiderations us thereunto moving, we trufting 
 entirely in the capacity and experience, zeal and fide- 
 lity for our fen ice, of our moft dear and well-beloved 
 coufin, Caefar Gabriel de Choifeul, Duke of Praflin, 
 Peer of France, Knight of our Orders, Lieutenant 
 
 General
 
 1787.] WITH FRANCE. 487 
 
 General of our forces, and of the province of Britany, 
 Coimfellor in all our Councils, Minifter and Secretary 
 of State, and of our Commands and Finances, we 
 have named, appointed, and deputed him, and by 
 thefe prefents, figned with our hand, do name, ap- 
 point, and depute him, our Minifter Plenipotentiary, 
 giving him full and abfolute power to act in that qua^ 
 lity, and to confer, negotiate, treat, and agree, jointly 
 with the Minifter Plenipotentiary of our moil dear and 
 moft beloved good brother the King of Great Britain, 
 the Minifter Plenipotentiary of our moft dear and 
 moft beloved good brother and coufm the King of 
 Spain, and the Minifter Plenipotentiary of our moft 
 dear and moft beloved good brother and coufm the 
 King of Portugal, vefted with full powers, in good 
 form, to agree, conclude, and fign, fuch articles, con- 
 ditions, conventions, declarations, definitive treaty, 
 acceflions, and other acts whatfoever, that he fhall 
 judge proper for fecuring and ftrengthening the great 
 work of peace, the whole with the fame latitude and 
 authority that we ourfelves might do, if we were there 
 in perfon, even though there fhould be fomething 
 which might require a more fpecial order than what 
 is contained in thefe prefents ; promifmg, on the faith 
 and word of a King, to approve, keep firm and ftable 
 for ever, to fulfil and execute punctually, all that our 
 faid coufin, the Duke of Prailin, ihall have ftipula- 
 ted, promifed, and figned, in virtue of the prefent full 
 power, without ever acting contrary thereto, or per- 
 mitting any thing contrary thereto, for any caufe, or 
 under any pretence whatfoever ; as allb to caufe our 
 letters of ratification to be expedited in good form, 
 and to caufe them to be delivered, in order to be ex- 
 changed within the time that Ihall be agreed upon. 
 For fuch is our pleafure. In witnefs whereof], we have 
 caufed our feal to be put to thefe prefents. Given at 
 Verfailles, the 7th day of the month of February, in 
 the year of grace 1763, and of our reign the forty-eighth. 
 Signed LEWIS 5 and on the fold, By the K;ng ? The 
 I i 4 Duke
 
 *88 TREATIES [1259 
 
 Duke of Cboifeul. Sealed with the great feal of yel- 
 low wax. 
 
 His Catholic Majeftfs Full Power. 
 
 DON CARLOS, by the grace of God, King 
 of Caftille, of Leon, of Arragon, of the Two Sici- 
 lies, of Jerufalem, of Navarre, of Granada, of Tole- 
 do, of Valencia, of Galicia, of Majorca, of Seville, 
 of Sardinia, of Cordova, of Corfica, of Murcia, of 
 Jaen, of the Algarves, of Algecira, of Gibraltar, of the 
 Canary Illands, of the Eaft and Weft Indies, iflands 
 and continent, of the Ocean ; Archduke of Auftria ; 
 Duke of Burgundy, of Brabant, and Milan j Count of 
 Hapfburg, of Flanders, of Tirol and Barcelona ; Lord 
 of Bifcay, and of Molino, &c. Whereas prelimina- 
 lies of a folid and lading peace, between this crown 
 and that of France on the one part, and that of Eng- 
 land and Portugal on the other, were concluded and 
 figned in the Royal refidence of Fontainebleau, the 
 3d of November of the prefent year, and the relpec- 
 tive ratifications thereof exchanged on the 22d of the 
 fame month, by Minifters authorized for that pur- 
 pofe, wherein it is promifed, that a definitive treaty 
 fhould be forthwith entered upon, having eftablifhed 
 and regulated the chief points upon which it is to 
 turn : and whereas in the fame manner as I granted to 
 you, Don Jerome Grimaldi, Marquis de Grimaldi, 
 Knight of the Order of the Holy Ghoft, Gentleman of 
 my Bed-chamber with employment, and my Ambaf- 
 fador Extraordinary to the moil Chriftian King, my 
 full power to treat, adjuft, and fign the before-men- 
 tioned preliminaries, it is neceflary to grant the fame 
 to you, pr to fome other, to treat, adjuft, and fign 
 the promifed definitive treaty of peace as aforefaid : 
 therefore, as you the faid Don Jerome Grimaldi, 
 Marquis de Grimaldi, are at the convenient place, and 
 as I have every day frefh motives, from your ap- 
 proved fidelity and zeal, capacity and prudence, to 
 cntruft to you this aijd other like concerns of my 
 
 crown.
 
 1787.] WITH FRANCE. 
 
 crown, I have appointed you my Miniller Plenipo- 
 tentiary, and granted to you my full power, to the 
 end that, in my name, and reprefenting my perfon, 
 you may treat, regulate, fettle, and fign the faid defini- 
 tive treaty of peace, between my crown and that of 
 France on the one part, that of England and that of 
 Portugal oh the other, with the Minifters who fhall 
 be equally and fpecially authorized by their refpective 
 Sovereigns for the fame purpofe j acknowledging, as I 
 do from this time acknowledge, as accepted and rati- 
 fied, whatever you fhall fo treat, conclude, and fign ; 
 promifmg, on my Royal word, that I will obferve and 
 fulfil the fame, will caufe it to be obferved and ful- 
 filled, as if it had been treated, concluded, and figned 
 by myfelf. In witnefs whereof, I have caufed thefe 
 prefents to be difpatched, figned by my hand, fealcd 
 with my privy feal, and counterfigned by my under- 
 written Counfellor of State, and Firft Secretary for 
 the department of State and of War. Buen Retiro, 
 the tenth of December, 1762. 
 
 (Signed) / the KING. 
 
 (And lower) .. Richard Wall. 
 
 Declaration of his moft Chriftian Majejlfs Plenipo- 
 tentiary, with regard to the Debts due to the Cana- 
 dians. 
 
 THE King of Great Britain having defired, that 
 the payment of the letters of exchange and bills, which 
 had been delivered to the Canadians for the neceflaries 
 furnifhed to the French troops, fhould be fecured, his 
 moft Chriftian Majefty, entirely difpofed to render to 
 every one that juftice which is legally due to them, 
 has declared, and does declare, that the faid bills, and 
 letters of exchange, fhall be punftually paid, agree- 
 ably to a liquidation made in a convenient time, ac- 
 cording to the diftance of the places, and to what 
 fhall be poflible, taking care, however, that the bills 
 and letters of exchange, which the French fubjefts 
 
 may
 
 49 o TREATIES [1259 
 
 may have at the rime of this declaration, be not con- 
 founded with the bills and letters of exchange which 
 are in the pofiefilon of the new fubje&s of the King 
 of Great Britain. 
 
 Jn witnefs whereof, we the under- written Minifter 
 of his moft Chriftian Majefty, duly authorized 
 for this purpofe, have figned the prefent declara- 
 tion, and caufed the feal of our arms to be put 
 thereto. 
 Done at Paris, the loth of February, 1763. 
 
 CboiffHl, Due de Prajlin. (L. S.) 
 
 Declaration of bis Britannic Majefty' s Ambajjador 
 Extraordinary and Plenipotentiary, voitb regard to 
 the Limits of Bengal, in the Eaft Indies. 
 
 WE the under- written Ambaflador Extraordinary 
 and Plenipotentiary of the King of Great Britain, in 
 order to "prevent all fubjeft of difpute on account of 
 the limits of the dominions of the Subah of Bengal, 
 as well as of the coaft of Coromandel and Orixa, de- 
 clare, in the name and by order of his faid Britannic 
 Majefty, that the faid dominions of the Subah of Ben- 
 gal fhall be reputed not to extend farther than Ya- 
 juon exclufively, and that Yanaon fhall be confidered 
 as included in the north part of the coaft of Coro- 
 mandel or Orixa. 
 
 Jn witnefs whereof we the under-written Minifter 
 Plenipotentiary of his Majefty the King of Great 
 Britain, have figned the prefent declaration, 
 and have caufed the feal of our arms to be put 
 thereto. 
 
 Dene at Paris, the loth of February, 1763. 
 
 Bedford,C.P.S. (L. S.) 
 
 AcceJJim of bis moft Faithful Majefty. 
 In the Name of the moft Holy and Undivided Tri- 
 nity, Father, Son, and Holy Ghoft. So be it. 
 B E it known to all thofe to whom it fhall or may 
 belong; the Ambafladors and Plenipotentiaries of his 
 
 Britannic
 
 1787.] WITH FJR.ANCE. 491 
 
 Britannic Majefty, of his moft Chriftian Majefty, and 
 of his Catholic Majefty, having concluded and figned 
 at Paris, the loth of February of this year, a defi- 
 nitive treaty of peace, and feparate articles, th& tenor 
 of which is as follows. 
 
 [ Fiat Infertio. ] 
 
 And the faid AmbafTadors and Plenipotentiaries 
 having, in a friendly manner, invited the AmbaiTador 
 and Minifter Plenipotentiary of his moft Faithful Ma- 
 jefty to accede thereto, in the name of his faid Ma 
 jefty; the under-written Minifters Plenipotentiary, 
 viz. on the part of the moft 'Serene and moft Potent 
 Prince George the Third, by the grace of God, King 
 of Great Britain, France, and Ireland, Duke of 
 Brunfwic and Lunenburg, Arch-treafurer and Elec- 
 tor of the Holy Roman Empire, the moft Illuf- 
 trious and moft Excellent Lord, John Duke and Earl' 
 of Bedford, Marquis of Taviftock, &c. Minifter of 
 State of the King of Great Britain, Lieutenant Gene- 
 ral of his forces, Keeper of his Privy Seal, Knight of 
 the moft Noble Order of the Garter, and his AmbafTa- 
 dor Extraordinary and Plenipotentiary to his moft 
 Chriftian Majefty ; and on the part of the moft Se- 
 rene and moft Potent Prince Don Jofeph the Firft, by 
 the grace of ,God, King of Portugal and of the Al- 
 garves, the moft Illuftrious and moft Excellent Lord, 
 Martin de Mello and Caftro, Knight profeffed of the 
 Order of Chrift, of his moft Faithful Majefty's Coun- 
 cil, and his AmbafTador and Minifter Plenipotentiary 
 to his moft Chriftian Majefty, in virtue of their full 
 powers, which they have communicated to each other, 
 aqd of which copies fhall be added at the end of the 
 prefent ad, have agreed upon what follows, viz. His 
 moft Faithful Majefty defiring moft fmcerely to con- 
 cur in the fpeedy re-eftabliftiment of peace, accedes, 
 in virtue of the prefent aft, to the faid definitive treaty 
 and feparate articles, as they are above tranfcribed, 
 without any referve or exception, in the firm confi- 
 dence
 
 49 2 TREATIES [1259 
 
 dence that every thing that is promifed to his faid 
 Majefty, will be bend fide fulfilled; declaring at the 
 fame time, and promifing to fulfil, with equal fidelity, 
 nil the articles, claufss, and conditions, which con- 
 cern him. On his fide, his Britannic Majefty accepts 
 the prefent acceflion of his moft Faithful Majefty, and 
 promifes likewife to fulfil, without any referve or ex- 
 ception, all the articles, claufes, and conditions, con- 
 tained in the faid definitive treaty and feparate arti- 
 cles above inferted. The ratifications of the prefent 
 treaty lhall be exchanged in the fpace of one month, 
 to be computed from this day, or fooner if it can be 
 done. 
 
 In witnefs whereof, we, Ambafifadors and Minifters 
 Plenipotentiary of his Britannic Majefty, and 
 of his moft Faithful Majefty, have figned the 
 prefent aft, and have caufed the feal of our arms 
 to be put thereto. 
 
 Done at Paris, the loth of February, 1763. 
 
 Biford> C. P. S. (L. S.) De Mellc et Cajlro. (L. S.) 
 
 His moft Faithful Majefty' s Full Power. 
 
 DON JOSEPH, by the grace of God, King of 
 Portugal, and of the Algarves, on this fide the fea, 
 and on that fide in Africa, Lord of Guinea, and of the 
 conqueft, navigation, commerce of Ethiopia, Ara- 
 bia, Perfia, and India, &c. I make known to thofe 
 who (hall fee thefe my letters patent, that, defining 
 nothing more than to fee the flame of war, which has 
 raged fo many years in all Europe, extinguifhed, and 
 to co-operate (as far as depends upon me) towards 
 its being fucceeded by a juft peace, eftablifhed upon 
 folid principles : and being informed, that great part 
 ,of the belligerent Powers entertain the fame pacific 
 clifpolkions, I am to nominate a perfon, to a,ifift, in 
 my name, at the afTemblies and conferences to be held 
 upon this important bufinef^ who, by his nobility, 
 
 prudence^
 
 1787*] WITH FRANCE. .493 
 
 prudence, and dexterity, is worthy of my confidence : 
 whereas thefe feveral qualities concur in Martin de 
 Mello de Caftro, of my Council,, and my Envoy Ex- 
 traordinary and Plenipotentiary to the court of Lon- 
 don j and as from the experience I have, that he has 
 always ferved me to my fatisfaftion, in every thing 
 I have charged liim with, relying, that I (hall, from 
 henceforward, have frefh caufe for the confidence I 
 have placed in him, I nominate and constitute him 
 my Ambafifador and Plenipotentiary, in order that he 
 may, as fuch, affift, in my name, at any congrefles, 
 aflemblies, or conferences, as well public as private, 
 in which the bufmefs of pacification may be treated ; 
 negotiating and agreeing with the AmbaiTadors and 
 Plenipotentiaries of the faid belligerent Powers, what- 
 ever may relate to the faid peace ; and concluding 
 what he fhall negotiate between me and any bellige- 
 rent Kings and Princes, under the conditions he fhafl 
 ftipulate in my Royal name : therefore, for the above 
 purpofes, I grant him all the full powers and autho- 
 rity, general and fpecial, which may be neceffary ; 
 and I promife, upon the faith and word of a King, 
 that I will acknowledge to be firm and valid, and 
 will ratify within the time agreed upon, whatever lhall 
 be contrafted and ftipulated by my faid Ambaffador 
 and Plenipotentiary, with the aforefaid Ambaffadors 
 and Minifters of the belligerent Kings and Princes, 
 who fhall be furnifhed by them with equal powers. 
 In witnefs whereof, I have ordered thefe prefents to 
 be made out, figned by myfelf, fealed with the feal 
 of my arms thereunto affixed, and counlerfigned by 
 my Secretary and Minifter of State for foreign Affairs 
 , and War. Given at the palace of our Lady of Ajuda, 
 die eighteenth day of September, of the year from 
 the birth of our Lord Jefus Chrift 1762. 
 
 Locus The KING. 
 
 Sigiili Den Lewis da Cunba. 
 
 pendentis, 
 
 Letters
 
 494 TREATIES 
 
 Letters patent whereby your Majefty is pleafed to 
 nominate Martin de Mello de Caftro to be your Am- 
 baflador and Plenipotenriary for the negotiation and 
 conclufion of peace, in the form above fct forth. 
 
 For your Majefty's inflection. 
 
 Declaration of bis moft Faithful Majefty's dinbaffador 
 and Minijler Plenipotentiary, with regard to Alter- 
 nating with Great Britain and France. 
 
 WHEREAS, on the conclufion of the negotia- 
 tion of the definitive treaty, figned at Paris this lotli 
 day of February, a difficulty arofe as to the order of 
 figning, which might have retarded the conclufion of 
 the faid treaty, we the under- written, Ambafiador and 
 Minifler Plenipotentiary of his moft Faithful Majef- 
 ty, declare, that the alternative obferved, on the part 
 of the King of Great Britain, and die moft Chriitian 
 King, with the moft Faithful King, in the act of ac- 
 ceflion of the court of Portugal, was granted, by their 
 Britannic and moft Chriftian Majefties, folely with a 
 view to accelerate the conclufion of the definitive 
 treaty, and by that means the more fpcedily to con- 
 folidate fo important and fo falurary a work ; and that 
 this complaifance of their Britannic and moft Chrif- 
 tian Majefties fhall not be made any precedent of for 
 the future ; the court of Portugal Ihall not allcdge it 
 as an example in their favour ; lhall derive therefrom 
 no right, title, or pretenfion, for any caufe, or under 
 any pretence whatfoever. 
 
 In witnefs whereof, we, Ambaflador and Minifter 
 Plenipotentiary of his moft Faithful Majefty, duly 
 authorized for this purpofe, have figned the pre- 
 fent declaration, and have caufed the feal of our 
 arms to be put thereto. 
 
 Done at Paris, the loth of February, 1763. 
 
 Martin de Mello et Cajtro. (L. S.) 
 
 [The
 
 1787.] WITH FRANCE, 495 
 
 [The treaty of VERSAILLES, 1783, is printed from the 
 copy which was publifhed by authority, in 1783.] 
 
 ^be Definitive 'Treaty of Peace and Friend/hip, between 
 his Britannic Majefty, and the moft Chriftian King-, 
 figned at Verfailles, the ^d of September, 1783. 
 
 In the name of the moft Holy and Undivided Trinity, 
 Father, Son, and Holy Ghoft. So be it. 
 
 B E it known to all thofe whom it fhall or may 
 in any manner concern. The moft Serene and moft 
 Potent Prince, George the Third, by the grace of 
 God, King of Great Britain, France, and Ireland, 
 Duke of Brunfwic and Lunenburg, Arch-tredurer 
 and Elector of the Holy Roman Empire, &c. and the 
 moft Serene and moft Potent Prince, Lewis the Six- 
 teenth, by the grace of God, moft Chriftian King, 
 being equally defirous to put an end to the war which 
 for feveral years paft afflicted their refpective dominions, 
 accepted the offer which their Majefties the Emperor 
 of the Romans, and the Emprefs of all the Ruffias, 
 made to them of their interpofition, and of their medi- 
 ation : but their Britannic and moft Chriftian Majef- 
 ties, animated with a mutual defire of accelerating the 
 re-eftablilhment of peace, communicated to each other 
 their laudable intention; which Heaven fo far blefled, 
 that they proceeded to lay the foundations of peace, by 
 figning preliminary articles at Verfailles, the 2oth of 
 January, in the prefent year. Their faid Majefties the 
 King of Great Britain, and the moft Chriftian King, 
 thinking it incumbent upon them to give their Impe- 
 rial Majefties a fignal proof of their gratitude for the 
 generous offer of their mediation, invited them* in 
 concert, to concur in the completion of the great and 
 falutary work of peace, by taking part, as mediators, 
 in the definitive treaty to be concluded bttv/een their 
 Britannic and moft Chriftian Majefties. Their faid 
 Imperial Majefties having readily accepted that invi- 
 tation, they have named as their reprtfentatives, viz. 
 * His
 
 49 6 TREATIES (1259 
 
 His Majefty the. Emperor of the Romans, the moil 
 illyftrious and moft excellent Lord Florimond, Count 
 Mercy- Argenteau, Vifcount of Loo, Baron of Crich- 
 egnce, Knight of the Gulden Fleece, Cliambcrlain, 
 actual Privy Coimfellor of State to his Imperial and 
 Royal Apoftolic Majefty, and his Ambafiador to his 
 moft Chriftian Majefty; and her Majefty the Emprefs 
 of all the Ruflras, the moft illuftiious and moft excel- 
 lent Lord, Prince Iwan Bariatinfkoy, Lieutenant Ge- 
 neral of the forces of her Imperial Majefty of all the 
 Rufiias, Knight of the Orders of St. Anne, and of the 
 Swedifh Sword, and her Minifter Plenipotentiary to 
 his moft Chriftian Majefty, and the Lord Arcadi de 
 MarcofT, Counfellor of State to her Imperial Majefty 
 of all the Riifiias, and her Minifter Plenipotentiary to 
 his moft Chriftian Majefty. In confequence, their faid 
 Majefties the King of Great Britain, and the moft 
 Chriftian King, have named and conftituted for their 
 Plenipotentiaries, charged with the concluding and 
 figning of the definitive treaty of peace, viz. the King 
 of Great Britain, the moft illuftrious and moft excel- 
 lent Lord, George Duke and F.arl of Manchtfter, 
 Vifcount Mandeville, Baron of Kimbokon, Lord 
 Lieutenant and Cuftos Rotulorum of the county of 
 Huntingdon, aftual Privy Counfellor to his Britannic 
 Majefty, and his AmbafTudor Extraordinary and Ple- 
 nipotentiary to his moft Chriftian Majefty; and the 
 moft Chriftian King, the moft illuftrious and moft ex- 
 cellent Lord, Charles Gravier, Count de Vergennes, 
 Baron of Welferding, &c. the King's Counfellor in 
 all his Councils, Commander in his Orders, Prefident 
 of the Royal Council of Finances, Counfellor of State 
 Military, Minifter and Secretary of State, and of his 
 Commands and Finances: who, after having exchanged 
 their refpe&ive full powers, have agreed upon the fol- 
 lowing articles : 
 
 I. There (hall be a Chriftian, univerfal, and perpe- 
 tual peace, as well by fea as by land, and a fmcere 
 arid conftant friendfhip fhall be re-eftablilhed between 
 
 their
 
 1787-1 WITH FRANCE. 497 
 
 their Britannic and mod Chriftian Majefties, and be- 
 tween their heirs and fucceffbrs, kingdoms, dominions, 
 provinces, countries, fubjects, and vaffals, of what 
 quality or condition foever they be, without exception 
 either of places or perfons ; fo that the high contract- 
 ing parties fhall give the greateft attention to the main- 
 taining between themfelves, and their faid dominions 
 and fubjects, this reciprocal friendlhip and intercourfe, 
 without permitting hereafter, on either part, any kind 
 of hoftilities to be committed, either by fea or by land, 
 for any caufe, or under any pretence whatfoever ; and 
 they fhall carefully avoid, for the future, every thing 
 which might prejudice the union happily re-eftabliihed, 
 endeavouring, on the contrary, to procure recipro- 
 cally for each other, on every occafion, whatever may 
 contribute to their mutual glory, interefts, and advan- 
 tage, without giving any afliftance or protection, di- 
 rectly or indirectly, to thofe who would do any injury 
 to cither of the high contracting parties. There fhall 
 be a general oblivion and amnefty of every thing which 
 may have been done or committed before or fmce the 
 commencement of the war which is juft ended. 
 
 II. The treaties of Weftphalia of 1648 ; the trea- 
 ties of peace of Nimeguen of 1678 and 1679; of 
 Ryfwick of 1697; thole of peace and of commerce 
 of Utrecht of 1713; 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 Vienna of 1738 ; the definitive treaty of 
 Aix-la-Chapelle of 17485 and that of Paris of 1763, 
 ferve as a bafis and foundation to the peace, and to 
 the prefent treaty -, and, for this purpofe, they are all 
 renewed and confirmed in the bed form, as well as 
 all the treaties in general which fubfifted between the 
 high contracting parties before the war, as if they were 
 herein inferted word for word; fo that they are to be 
 exactly obferved for the future in their full tenor, and 
 religioufly executed by both parties, in all the points 
 
 VQL, I. K k which
 
 49* TREATIES {1259 
 
 which fhall not be derogated from by the prefent treaty 
 of peace. 
 
 . III. All the prifoners taken on either fide, as well 
 by land as by fea, and the hoftages carried away or 
 given during the war, and to this day, fhall be reftorcd, 
 without ranfom, in fix weeks at lateft, to be computed 
 from the day of the exchange of the ratifications of the 
 prefent treaty j each crown rcfpe&ively difcharging the 
 advances which lhall have been made for the fubfift- 
 ence and maintenance of their prifoners by the Sove- 
 reign of the country where they fhall have been de- 
 tained, according to the receipts and attefted accounts, 
 and other authentic vouchers, which fhall be furnifhed 
 on each fide: and furetics fhall be reciprocally given 
 for the payment of the debts which the prifoners may 
 have contracted in the countries where ttay may have 
 been detpined, until their entire releafe. And all fhips, 
 as well rr.en of war as merchant-fhips, which may have 
 been taken fmce the expiration of the terms agreed 
 upon for the cefiation of hoftilities by fen, fhall like- 
 wife be reflored, bond fide, with all their crews and 
 cargoes. And the execution of this article fhall be 
 proceeded upon immediately after the exchange of the 
 ratifications of this treaty. 
 
 IV. His Majefry the King of Great Britain is main- 
 tained in his right to the ifland of Newfoundland, and 
 to the adjacent iflands, as the whole were afTured to 
 him by the thirteenth article of die treaty of Utrecht ; 
 excepting the iflands of St. Pierre andMiquelon, which 
 are ceded in full right, by the prefent treaty, to his moft 
 thriftian Majefly. 
 
 V. His Majefty the moft Chriftian King, in order 
 to prevent the quarrels which have hitherto arifen 
 between the two nations of England and France, con- 
 lents to renounce the right of fifhing, which belongs 
 to him in virtue of die aforefaid article of the treaty 
 of Utrecht, from Cape Bonavifta to Cape St. John, 
 fituated on the eaftern coaft of Newfoundland, in fifty 
 
 degrees
 
 1787-] WITH FRANCE. 499 
 
 degrees north latitude; and his Majefty the King of 
 Great Britain confents on his part, that the fifhery afV 
 figned to the fubjefts of his moft Chriftian Majefty, 
 beginning at the faid Cape St.' John, parTing to the 
 north, and defcending by the weftern coaft of the ifland 
 of Newfoundland, fhall extend to the place called Cape 
 Raye, fituated in forty-feven degrees fifty minutes la- 
 titude. The French fifhermen fhall enjoy the fifhery 
 which is affigned to them by the prefent article, as they 
 had the right to enjoy that which was affigned to them 
 by the treaty of Utrecht. 
 
 VI. With regard to the fifhery in the gulph of St. 
 Laurence, the French fhall continue to exercife it con- 
 formably to the fifth article of the treaty of Paris. 
 
 VII. The King of Great Britain reftores to France 
 the ifland of St. Lucia, in the condition it was in when 
 it was conquered by the Britrfh arms: and his Britannic 
 Majefty cedes and guaranties to his moft Chriftian Ma- 
 jefty the ifland of Tobago. The Proteftant inhabi- 
 tants of the faid ifland, as well as thofe of the fame 
 religion who fhall have fettled at St. Lucia, whilft that 
 ifland was occupied by the Britifh arms, fhall not be 
 molefted in the exercifc of their worfhip : and the 
 Britifh inhabitants, or others who may have been 
 fubjefts of the King of Great Britain in the aforefaid 
 iflands, fhall retain their poflefiions upon the fame ti- 
 tles and conditions by which they have acquired them ; 
 Or elfe they may retire in' full fecurity and liberty, where 
 they fhall think fit, and fhall have the power of felling 
 their eftates, provided it be to fubjec~bs of his moft 
 Chriftian Majefty, and of removing their effefts, as 
 well as their perfons, without being reftrained in. their 
 emigration under any pretence whatfoever, except on 
 account of debts, or of criminal profecutions,. The 
 term limited for this emigration is fixed to the fpace of 
 eighteen months, to be computed from the day. of the 
 exchange of the ratifications of the prefent treaty. And 
 for the better fecuring the pofTeiTions of the inhabi- 
 
 K k 2 tants.
 
 500 TREATIES [1259 
 
 tants -of the aforefaid ifland of Tobago, the moll 
 Chriflian King lhall ifiue letters patent, containing an 
 abolition of die droit d'aubaine in the faid ifland. 
 
 VIII. The moft Chriftian King reftores to Great 
 Britain the iflands of Grenada, and the Grenadines, St. 
 Vincent's, Dominica, St. Chriftopher's, Nevis, and 
 Montferratj and the fortreffes of thefe iflands fliall be 
 delivered up in the condition they were in when the 
 conquefl of them was made. The fame ftipulations 
 inferted in the preceding article fliall take place in fa- 
 vour of the French fubjects, with refpect to the iflanda 
 enumerated in the prefent article. 
 
 IX. The King of Great Britain cedes, in full 
 right, and guaranties to his moft Chriftian Majefty, 
 the river Senegal, and its dependencies, with the forts 
 of St. Louis, Podor, Galam, Arguin, and Portendic; 
 and his Britannic Majefty reftores to France the ifland 
 of Goree, which fhall be delivered up in the condition 
 it was in when the conqueft of it was made. 
 
 X. The moft Chriftian King, on his part, guaranties 
 to the King of Great Britain the pofleflion of fort 
 James, and of die river Gambia. 
 
 XI. For preventing all difcuflion in diatpart of the 
 world, the two high contracting parties lhall, within 
 three months after the exchange of the ratifications of 
 the prefent treaty, name commiflaries, who fliall be 
 charged with the fetding and fixing of the boundaries 
 of the refpeclive pofleflions. As to the gum trade, 
 the Knglifti fliall have the liberty of carrying it on, 
 from the mouth of the river St. John, to the bay and 
 fort of Portendic inclufively. Provided that they 
 lhall not form any permanent fettlement, of what na- 
 ture foever, in the laid river St. John, upon the coaft, 
 or in the bay of Portendic. 
 
 XII. As to the refidue of the coaft of Africa, the 
 JLnglifh and French fubjefts fliall continue to refort 
 
 * thereto*
 
 1787.3 WITH FRANCE. 501 
 
 thereto, according to the ufage which has hitherto 
 prevailed. 
 
 XIII. The King of Great Britain reftores to his 
 mod Chriftian Majefiy all the fettlements which be- 
 longed to him at the beginning of the prefent war, upon 
 the coaft of Orixa, and in Bengal, with liberty to fur- 
 round Chandernagore with a ditch for carrying off the 
 waters: and his Britannic Majeily engages to take fuch 
 meafures as fhall be in his power for fecuring to the 
 fubjects of France in that part of" India, as well as on 
 the coafts of Orixa, Coromandel, and Malabar, a fafe, 
 free, and independent trade, fuch as was carried on by 
 the French Eaft India Company, whether they exer- 
 cife it individually, or united in a company. 
 
 XIV. Pondicherry fhall be in like manner delivered 
 up and guarantied to France, as alfo Karikal ; and his 
 Britannic Majefty fhall procure, for an additional de- 
 pendency to Pondicherry, the two diftricts of Vala- 
 nour and Bahour; and to Karikal, the four Magans 
 bordering thereupon. 
 
 XV. France fhall re-enter into the pofTefrion of 
 Mahe, as well as of its factory at Suratj and the French, 
 {hall carry on their trade in this part of India conform- 
 ably to the principles eftablifhed in the thirteenth arti- 
 cle of this treaty. 
 
 XVI. Orders having been fent to India by the high 
 contracting parties, in purfuance of the fixteenth ar- 
 ticle of the preliminaries, it is further agreed, that if, 
 within the term of four months, the refpective allies of 
 their Britannic and moft Chriftian Majeities fhall not 
 have acceded to the prefent pacification, or concluded 
 a feparate accommodation, their faid Majeities fhall 
 not give them any affiftance, directly or indirectly* 
 againft the Britifh or French pofTeffions, or againft the 
 ancient porTeflions of their refpective allies, fuch, a* 
 they were in the year 1776. 
 
 XVII. The King of Great Britain, being defirous 
 
 Kk to
 
 TREATIES [1259 
 
 to give to his moft Chriftian Majefty a fincere proof 
 of reconciliation and friendihip, and to contribute to 
 render folid .the peace re-eftabltfhed between their faid 
 Majefties, contents to the abrogation and fupprefiion 
 of all the articles relative to Dunkirk, from the treaty 
 of peace concluded at Utrecht in 1713, inclufive, to 
 this day. 
 
 XVIII. Immediately after the exchange of the 
 ratifications, the two high contracting parties fhall 
 name commifTaries to treat concerning new arrange- 
 ments, of commerce between the two nations, on the 
 bafis iof reciprocity and mutual convenience ; which 
 arrangements lhall be fettled and concluded within die 
 fpace of two years, to be computed from the firft of 
 January, in the year 1784. 
 
 XIX. All the countries and territories which may 
 have been, or which may be conquered, in any part of 
 the world whatfocver, by the arms of his Britannic 
 Majefty, as well as by thofe of his moft Chriftian Ma- 
 jefty, which are not included in the prefent treaty, 
 neither under the head of Cefllons, nor under the head 
 of Rcftitutions, fhall be reftored without difficulty, and 
 without requiring any compenfation. 
 
 XX. As it is ncccflary to appoint a certain period 
 for the reftitutions and evacuations to be made by each 
 of die high contracting parties, it is agreed that the 
 King of Great Britain fhall caufe to be evacuated the 
 iflands of St. Pierre and Miquelon, three months after 
 the ratification of the prefent treaty, or fooner, if" it 
 can be done j St. Lucia (one of the Charibee iflands) 
 and Goree in Africa, three months after the ratification 
 of the prefent treaty, or fooner, if it can be done. 
 The King of Great Britain fhall, in like manner, at 
 the end of three months after the ratification of the 
 prefent treaty, or fooner, if it can be done, enter again 
 into the pofierlion of the iflands of Grenada, the Gre- 
 nadines. St. Vincent's, Dominica, St. Chriftopher's, 
 Nevis, and Montferrat. France fhall be put in pof- 
 
 fefllon
 
 1787.] WITH FRANCE. 50$ 
 
 fetfion of the towns and factories which are feftored to 
 her in the Eaft Indies, and of the territories which 
 are procured for her, to ferve as additional dependen- 
 cies to Pondicherry, and to Karikal, fix months after 
 the ratification of the prefent treaty, or fooner, if it 
 can be done. France fhall deliver up, at the end of 
 the like term of fix months, the towns and territories 
 which her arms may have taken from the Englifh, 
 or their allies, in the Eaft Indies. In confequence 
 whereof, the necefiary orders fhall be fent by each of 
 the high contracting parties, with reciprocal pafiports 
 for the fhips which fhall carry them, immediately after 
 the ratification of the prefent treaty. 
 
 XXI. The decifion of the prizes and feizures made 
 prior to the hoftilities fhall be referred to the reipective 
 courts of juftice ; fo that the legality of the faid prizes 
 and feizures fhall be decided according to ; the law of 
 nations, and to treaties, in the courts of juftice of the 
 nation which fhall have made the capture, or ordered 
 the feizures. 
 
 XXII. For preventing the revival of the law-fuits 
 which have been ended in the iflands conquered by 
 either of the high contracting parties, it is agreed, that 
 the judgments pronounced in the laft refort, and which 
 have acquired the force of matters determined, fhall 
 be confirmed and executed according to their form 
 and tenor. 
 
 XXIII. Their Britannic and mofl Chriftiari Ma- 
 jefties promife to obferve fmcerely, and bondjide, all 
 the articles contained and eftablifhed in the prefent 
 treaty; and they will not fuffer the fame to be in- 
 fringed, directly or indirectly, by, their refpective fub- 
 jects: and the faid high contracting parties guaranty 
 to each other, generally and reciprocally, all the ftipu- 
 Jations of the prefent treaty. 
 
 XXIV. The folemn ratifications of the prefent 
 treaty, prepared in good and due form, fhall be ex- 
 it k 4 change^
 
 TREATIES 
 
 changed in this city of Verfaifles, between the high 
 contracting parties, in the fpace of a month, or fooner 
 if pofiible, to be computed from the day of the fig- 
 nature of the prefent treaty. 
 
 Jn witnefs whereof) we the under-written Ambafla- 
 dor Extraordinary and Minifters Plenipotentiary 
 have figned with our hands, in their names, and 
 in virtue of our refpective full powers, the prefent 
 definitive treaty, and have caufed the feals of our 
 arms to be affixed thereto. 
 
 Done at Verfaillcs, the third day of September, one 
 thoufand feven hundred and eighty-three. 
 
 Mancbejler. (L, S.) Gravier de Vergennes. (L. S.) 
 
 Separate Articles. 
 
 I. SOME of the titles made ufe of by the con- 
 tracting parties, whether in the full powers, and other 
 inflruments, during the courfe of the negotiation, or 
 in the preamble of the prefent treaty, not being ge- 
 nerally acknowledged, it has been agreed, that no pre- 
 judice fhould ever refult therefrom to either of the faid 
 contracting parties ; and that the titles taken or omitted 
 on either fide, upon occafion of the faid negotiation, 
 and of the prefent treaty, fhall not be cited, or quoted 
 as a precedent. 
 
 II. It has been agreed and determined, that the 
 French language, made u(e of in all the copies of the 
 prefent treaty, fhall not form an example which may 
 be ailfdged or quoted as a precedent, or in any manner 
 prejudice either of the contracting Powers; and that they 
 ihall confoim for the future to what has been obferved, 
 and ought to be obferved, with regard to, and on the 
 part of Powers, who are in the practice and pofTefiion 
 of giving and receiving copies of like treaties in a 
 different language from the French ; the prefent treaty 
 having, neverthelefs, the fame force and virtue as if 
 the aforefaid practice had been therein obfe^vcd.
 
 1787.] WITH FRAN.CE. 505 
 
 In witnefs whereof, we the under-written Ambaf- 
 fador Extraordinary and Minifters Plenipoten- 
 tiary of their Britannic and moft Chriftian Ma- 
 jefties, have figned the prefent feparate articles, 
 and have cauied the feals of our arms to be 
 affixed thereto. 
 
 Done at Verfailles, the third of September, one 
 thoufand feven hundred and eighty-three. 
 
 Manchefter. (L. S.) Gravier de Vergenms. (L. S.) 
 
 Declaration. * 
 
 THE King having entirely agreed with his moft 
 Chriftian Majefty upon the articles of the definitive 
 treaty, will feek every means which fhall not only in- 
 fure die execution thereof, with his accuftomed good 
 faith and punctuality, but will befides give, on his 
 part, all poflible efficacy to the principles which fhall 
 prevent even the leafl foundation of dilpute for the 
 future. 
 
 To this end, and in order that the filhermen of the 
 two nations may not give caufe for daily quarrels, his 
 Britannic Majefty will take the moft pofitive mea^ 
 fiires for preventing his fubjects from interrupting, in 
 any manner, by their competition, the filhery of the 
 French, during the temporary exercife of it which' is 
 granted to them upon the coafts of the ifland of New- 
 foundland ; and he will, for this purpofe, caufe the fixed 
 fettlements, which ftiall be formed there, to be removed. 
 His Britannic Majefty will give orders that the French 
 fifhermen be not incommoded, in cutting the wood ne- 
 ceflary for the repair of their fcaffolds, huts, and fifh- 
 jng-veflels. 
 
 The thirteenth article of the treaty of Utrecht, and 
 the method of carrying on the fifhery, which has at all 
 times been acknowledged, lhall be the plan upon 
 which the fiihery lhall be carried on there; it fhall 
 not be deviated from by either party 3 the French fifh- 
 srmen building only their fcaffoldJs, confining them- 
 
 felves
 
 5 o6 TREATIES 
 
 felves to the repair of their fifliing-veilels, and not 
 wintering there; the fubjects of his Britannic Majefty, 
 on their part, not molefting in any manner the French 
 filhermen during their fifhing, nor injuring their fcaf- 
 folds during their abfence. 
 
 The King of Great Britain, in ceding die iflands 
 of St. Pierre and Miquelon to France, regards them 
 as ceded for the purpofe of ferving as a real flicker to 
 the French fifhermen, and in full confidence that thefe 
 pofleflions will not become an object of jealoufy be- 
 tween the two nations^ and that the fifliery between 
 the faid iflands and that of Newfoundland fliall be 
 limited to the middle of the channel. 
 
 With regard to India, Great Britain having granted 
 to France every thing that can afcertain and confirm 
 the trade which the latter requires to carry on there, 
 his Majefty relies with confidence on the repeated aflur- 
 ances of the court of Verfailles, that the power of fur- 
 rounding Chandernagore with a ditch for carrying off 
 the waters, fliall not be exercifed in fuch a manner as 
 to make it become an object of umbrage. 
 
 The new ftate in which commerce may perhaps be 
 found in all parts of the world, will demand revifions 
 and explanations of the fubfifting treaties ; but an en- 
 tire abrogation of thole treaties, in whatever period it 
 might be, would throw commerce into fuch confufion 
 as would be of infinite prejudice to it. 
 
 In fome of the treaties of this fort, there are not 
 only articles which relate merely to commerce, but 
 many others which infure reciprocally to the refpective 
 fubjects, privileges, facilities for conducting their af- 
 fairs, perfonal protections, and other advantages, which 
 are not, and which ought not to be of a changeable 
 nature, fuch as the regulations relating merely to the 
 value of goods and merchandize, variable from cir 
 cumftances of every kind. 
 
 When therefore the ftate of the trade between the 
 
 two nations fhali be treated upon, it is requifite to be 
 
 mxkrftood, that die alterations which may be made in 
 
 th*
 
 1787-] WITH FRANCE. 507 
 
 the fubfifting treaties are to extend only to arrange- 
 ments merely commercial j and that the privileges and 
 advantages, mutual and particular, be not only pre- 
 ferved on each fide, but even augmented, if it can be 
 done. 
 
 In this view, his Majefty has confented to the ap- 
 pointment of commifiaries on each fide, who fhall 
 treat folely upon this object. 
 
 In witnefs whereof, we his Britannic Majefty's Am- 
 bafTador Extraordinary and Minifter Plenipoten- 
 tiary, being thereto duly authorized, have figned 
 the prefent declaration, and caufed the feal of 
 our arms to be fet thereto. 
 
 Given at Verfailles, the third of September, one 
 thoufand feven hundred and eighty-three. 
 
 (L. S.) Mand>ejter* , 
 
 Counter-Declaration. 
 
 THE principles which have guided the King in 
 the whole courfe of the negotiations which preceded 
 the re-eftablifhment of peace, muft have convinced 
 the King of Great Britain, that his Majefty has had 
 no other defign than to render it folid and lafting, by 
 preventing, as much as pofiible, in the four quarters 
 of the world, every fubject of difcuflion and quarrel, 
 The King of Great Britain undoubtedly places too 
 much confidence in the wprightnefs of his Majefly's 
 intentions, not to rely upon his conftant attention to 
 prevent the iflands of St. Pierre and Miquelon from 
 becoming an object of jealoufy between the two na, 
 
 As to the fiihery on the coafts of Newfoundland, 
 which has been the object of the new arrangements fet- 
 tled by the two Sovereigns upon this matter, it is fuffi- 
 ciently afcertained by the fifth article of the treaty. of 
 peace figned this day, and by the declaration likewife 
 Delivered to-day, by his Britannic Majefly's AmbafTador 
 
 Extraordinary
 
 5 oS TREATIES 
 
 Extraordinary and Plenipotentiary; and his Majefty 
 declares that he is fully fatisfied on this head. 
 
 In regard to the fifhery between the ifland of New- 
 foundland, and thofe of St. Pierre and Miquelon, it is 
 not to be carried on, by either party, but to the middle 
 of the channel; and his Majefty will give the molt 
 pofitive orders, that the French fifhermen fliall not 
 go beyond this line. His Majefty is firmly perfuaded 
 that the King of Great Britain will give like orders 
 to the Englifh fiihermen. 
 
 The King's defire to maintain the peace compre- 
 hends India as well as the other parts of the world ; 
 his Britannic Majefty may therefore be aflured, that 
 his Majefty will never permit that an object fo inoffirn- 
 five and fo harmlefs as the ditch with which Chan- 
 dernagore is to be furrounded, fhould give any um- 
 brage to the court of London. 
 
 The King, in propofing new arrangements of com- 
 merce, had no other defign than to remedy, by the 
 rules of reciprocity and mutual convenience, whatever 
 may be defective in the treaty of commerce figned at 
 Utrecht, in one thoufand feven hundred and thirteen. 
 The King of Great Britain may judge from thence, 
 that his Majefty's intention is not in any wife to cancel 
 all the ftipulations in the above-mentioned treaty; he 
 declares, on the contrary, from henceforth, that he is 
 difpofed to maintain all the privileges, facilities, and 
 advantages exprefied in that treaty, as far as they lhall 
 be reciprocal, or compenfated by equivalent advan- 
 tages. It is to attain this end, defired on each fide, 
 that commifiaries are to be appointed to treat upon the 
 ftate of the trade between the two nations, and that a, 
 confiderable fpace of time is to be allowed for com-' 
 pleating their work. His Majefty hopes that this 
 object will be purfued with the' fame good faith, and 
 the fame fpirit of conciliation, which prefided over the 
 difcuffion of ail the other points comprized in the de- 
 finitive treaty; and his faid Majefty is firmly perfuaded 
 
 Chat
 
 1787.1 WITH FRANCE. 509 
 
 that the refpective commiffaries will employ the utmoft 
 diligence for the completion of this important work. 
 
 In witnefs whereof, we the under-written Miniftef 
 Plenipotentiary of his moft Chriftian Majefty, 
 being thereto duly authorized, have figned the 
 prefent counter-declaration, and have caufed the 
 feal of our arms to be affixed thereto. 
 
 Given at Verfailles, the third of September, one 
 thoufand feven hundred and eighty-three* 
 
 (L. S.) Gravier de Vergennes. 
 
 WE, Ambaflador Plenipotentiary of his Imperial 
 and Royal Apoftolic Majefty, having afted as medi- 
 ator in the work of pacification, declare that the treaty 
 of peace figned this day at Verfailles, between his Bri- 
 tannic Majefty and his moft Chriftian Majefty, with 
 the two feparate articles thereto annexed, and of which 
 they form a part, as alfo with all the claufes, condi- 
 tions, and ftipulations which are therein contained, was 
 concluded by the mediation of his Imperial and Royal- 
 Apoftolic Majefty. In witnefs whereof, we- have 
 figned thefe prefents with our hand, and have caufed 
 the feal of our arms to be affixed thereto. Done at 
 Verfailles, the third of September, one thoufand feven 
 hundred and eighty-three. 
 
 (L. S.) Le Ccmte de Mercy Argenteau. 
 
 WE, Minifters Plenipotentiary of her Imperial 
 Majefty of all the Ruffias, having acted as mediators 
 in the work of pacification, declare that the treaty of 
 peace, figned this day at Verfailles, between his Bri- 
 tannic Majefty, and his moft Chriftian Majefty, with 
 the two feparate articles thereto annexed, and of which 
 they form a part, as alfo with all the claufes, conditions, 
 and ftipulations which are therein contained, was con- 
 cluded by the mediation of her Imperial Majefty of 
 all the Ruffias. In witnefs whereof, we have figned 
 thefe prefents with our hands, and have caufed the 
 
 feals
 
 5io TREATIES [1259 
 
 feals of our arms to be affixed thereto. Done at Ver- 
 failles, the third of September, one thoufand feven 
 hundred and eighty- three. 
 
 (L. S.) Prince hvan Bariatwflify. 
 (L.S.) A. Marcoff. 
 
 His Britannic Majejtys Full Power. 
 
 GEORGE R. 
 
 GEORGE the Third, by the grace of God, King 
 of 'Great Britain, France, and Ireland, Defender 
 of the Faith, Duke of Brunfwic and Lunenburg, 
 Arch-treafurer, and Prince Elector of the Holy Ro- 
 man Empire, &c. j to all and fmgular to whom thefe 
 prefents fliall come, greeting. Whereas, for perfecting 
 the peace between us and our good brother the moft 
 Chriftian King, which has been happily begun by the 
 preliminary articles already figned at Verfailles, on the 
 twentieth day of January laft, and for bringing the 
 fame to the defired conclufion, we have thought pro- 
 per to inveft fome fit perfon with full authority on our 
 part ; and whereas our right trufty and right entirely 
 beloved coufm and counfellor George Duke and Earl 
 of Mancheftcr, Vifcount Mandeville, Baron of Kim- 
 bolton, Lord Lieutenant and Cuftos Rotulorum of the 
 county of Huntingdon, has merited our favour by his 
 illuilrious defcent, eminent qualities of mind, fingular 
 experience in affairs, and approved fidelity, on whom 
 therefore we have conferred the character of our Am- 
 baffador Extraordinary and Plenipotentiary to our faid 
 good brother the molt Chriftian King, being perfuaded 
 that he will highly dignify the office which we have 
 refolved to entruft to him ; Know ye therefore, that we 
 have made, conftituted, and appointed, and, by thefe 
 prefents, do make, conftitute, and appoint, him the faid 
 George Duke of Manchefter, our true, certain, and un- 
 doubted Plenipotentiary, Commiflioner, and Procu- 
 rator, giving and granting to him full and all manner 
 of power and authority, as alfo our general and {pe- 
 dal
 
 !77-1 WITH FRANCE. 
 
 cial command, for us, and in our name, to meet and 
 confer with the faid moft Chriftian King, and his Mi- 
 nifters, Commiffioners, or Procurators, iurnifhed with 
 fufficient authority, as alfo with the Ambafiadors, Com- 
 miffioners, Deputies, and Plenipotentiaries of the other 
 Princes and States whom it may concern, being like- 
 wife furnifhed with fufficient authority, whetherjingly 
 and feparately, or collectively and jointly, and with 
 them to agree, treat, confult, and conclude upon the 
 re-eftablifhing, as foon as may be, of a firm and laft- 
 ing peace, and fmcere frieridlhip and concord ; and for 
 DS, and in our name, to fign whatever may be fo agreed 
 upon and concluded; and alfo to make, and mutually 
 deliver and receive, a treaty or treaties, or fuch other 
 and fo many inftraments as lhall be requifite, upon the 
 bufinefs concluded, and to tranfacl aU other matters 
 which may relate to die happily accomplishing of the 
 aforefaid work, in as ample manner and form, and 
 with equal force and effect, as we, if we were prefent, 
 could do and perform : engaging and promifing, on our 
 Royal word, that we will approve,' ratify, and accept, 
 in every more perfect form, whatever may happen to 
 be transacted and concluded by our faid Plenipotentiary, 
 and that we will never fuffer the fame to be violated or 
 infringed by any one, either in the whole or in part. 
 In witnefs, and for the greater validity of all which, 
 we have caufed our great feai of Great Britain to be 
 affixed to thefe prefents, figned with our Royal hand. 
 Given at our court at St. James's, the twentieth day 
 of April, in the year of our Lord one thoufand feven 
 hundred and eighty-three, and in the twenty-third 
 year of our reign. 
 
 His moft Cbriftian Majefty's Full Power. 
 
 LEWIS, by the grace of God, King of France 
 and Navarre; to all thofe who fhall fee thefe prefents, 
 greeting. The preliminaries figned at Verfailles the 
 twentieth of January, in the prefent year, laid the foun- 
 dation of the peace re-eftablifhed between us and our 
 
 moft
 
 51* TREATIES 
 
 moft dear and moft beloved good brother the King 
 of Great Britain. We have nothing mere at heart 
 than to confolidate that falutary and important \vork, 
 by a folemn and definitive treaty: for thefe canfes, 
 and other good confiderations us thereunto moving, 
 we confiding entirely in the capacity and experience, 
 zeal and fidelity in our fervice, of our moft dear 
 and well -beloved the Sieur Count de Vergennes, 
 our Counfcllor in all our Councils, Commander in 
 our Orders, Prefident of our Royal Council of Fi- 
 nances, Counfellor of State Military, Minifter and 
 Secretary of State, and of our Commands and Fi- 
 nances, having the department of foreign affairs, we 
 have named, appointed, and deputed him, and by 
 thefe prefents, figned with our hand, do name, ap- 
 point, and depute him our Minifter Plenipotentiary, 
 giving him full and abfolute power to act in that 
 quality, and to confer, negotiate, treat, and agree, 
 jointly with the Minifter Plenipotentiary of our moft 
 dear and moft beloved good brother the King of 
 Great Britain, inverted with full powers in good form, 
 to agree upon, conclude, and fign fuch articles, con- 
 ditions, conventions, declarations, definitive treaty, ac- 
 ceflions, and other ads whatfoever, that he mail judge 
 proper for fecuring and confirming the great work of 
 peace, the whole with the fame latitude and audioriry 
 as we ourfclf might do, if we were there prefent in 
 perfon, even though there fhould be fomething which 
 might require a more fpecial order than what is con- 
 tained in thefe prefents ; promifing, on the faith and 
 word of a King, to approve, keep firm and ftable for 
 ever, fulfil and execute punctually, every thing that the 
 laid Sieur Count dc Vergennes fhall have Itipulated 
 and figned, in virtue of the prefent full power, without 
 ever infringing, or permitting the fame to be in- 
 fringed, for any caufe or under any pretence whatfo- 
 ever; as alfb to caufc our letters of ratification thereof 
 to be expedited in good form, and to caufe them to be 
 delivered, in order to their being exchanged, in the time 
 
 which
 
 1787-] WITH FRANCE. 513 
 
 which fhall be agreed upon: for fuch is our pleafure. 
 In witnefs whereof we have caufed our feal to be put 
 to thefe prefents. Given at Verfailles, the fourth day 
 of the month of February, in the year of grace one 
 thoufand feven hundred and eighty-three, and in the 
 ninth year of our reign. Signed, LOUIS ; and on 
 the fold, By the King, La Croix, Marfhal de Co/tries t 
 and fealed with the great feal of yellow wax. 
 
 'The Emperor's Full Power. 
 
 WE Jofeph the Second, by the Divine favour, Em- 
 peror eleft of the Romans, always Auguft, King of 
 Germany, Jerufalem, Hungary, Bohemia, Dalmatia, 
 Croatia, Slavonia, and Lodomeria; Archduke of 
 Auftria ; Duke of Burgundy, Lorrain, Stiria, Carin- 
 thia, and Carniolia; Great Duke of Tufcany; Great 
 Prince of Tranfilvania; Marquis of Moravia j Duke 
 of Brabant, Limburg, Luxemburg and Gueldres, 
 Wirtemberg, Upper and Lower Silefia, Milan, Man- 
 tua, Parma, Placentia and Guaftalla, Ofvecinia and 
 Zatoria, Calabria, Barri, Montferat and Tefchin 5 
 Prince of Suevia and Carolopolis; Count of Hapfburg, 
 Flanders, Tyrol, Hainault, Kiburg, Goritia, and Gra- 
 difca; Marquis of the Holy Roman Empire, of Bur- 
 govia, Upper and Lower Lufatia, Muflbpont, and 
 Nomeny j Count of Namur, Provence, Vaudemont, 
 Albimont, Zutphen, Sarwar, Salm, and Falkenfteini 
 Lord of Marchpurg, Slavonia, and Mechlin ; 
 
 By the tenor of thefe prefents make known and tef- 
 tify to all and fmgular whom it doth or may in any 
 manner concern. During the time that the late ex r - 
 tenfive war overfpread almoft the whole world, we> 
 and her Majefty the Emprefs and fole Monarch of aU 
 the Rufiias, animated with an equal delire of putting 
 an end as foon as pofiible to the calamities of the war, 
 did not omit frequently to manifeft our earneft incli- 
 nation that by the interpofition of our refpedive and 
 mutual friendly offices, a reconciliation of the bellige- 
 rent parties might be promoted, and the former peace 
 and fmcere concprd between' them be reftored. It was 
 
 VOL. I. L 1 very
 
 5 i 4 , TREATIES 
 
 very agreeable to us to underftand that our common en- 
 deavours had not failed of the defircd effect; for a more 
 pacific difpofition afterwards prevailing in the minds of 
 the Princes engaged in the war, and the bufinels being 
 already fo far happily advanced, that previous condi- 
 tions of peace, or preliminary articles, were agreed 
 upon between them, on which the general work of 
 pacification might be founded, the aforefaid mod 
 Serene and mod Potent Princes defired, in a friendly 
 manner, that,' in concert with her Imperial Majefty of 
 all the Ruflias, we would apply our joint attention to 
 this falutary bufinefs, and interpofe our friendly offices 
 for eftablifhing the peace, of which the foundations 
 were happily laid by the above-mentioned previous 
 conditions, in order that by the united efforts of the 
 mediators, the great work of peace might on every 
 fide be the more certainly accompliflied. We, CV.T 
 intent upon that object, perceived with the greater 
 fatisfaction the fentiments of the above-mentioned 
 Princes, and, having prcvioufly concerted meafures 
 \vith her Majefty the Emprefs of all the RufTias, did 
 not hefitate to confirm the expectations they had con- 
 ceived on our part, by accepting, with a willing and 
 chearful mind, the trull committed to us. For which 
 nd we have made choice of the illuftrious and noble , 
 our faithful and beloved Florimond Count de Mercy - 
 Argenteau, Knight of the Golden Fleece, our actual 
 Privy Counfellor, and our Ambafiador refiding at the 
 court of the moll Serene and moft Potent King of 
 France and Navarre, a perfon of fingular fidelity, in- 
 tegrity, and experience in die proper conduct of affairs, 
 and have appointed, and hereby given him full power 
 to take upon him, in our name, the office of mediator, 
 conjointly withfuch perfon orperfons who fhall be ap- 
 pointed and furnifhed with equal full power, as well 
 on the part of her Majefty the Emprefs of all rhe 
 Rufiias, a& co-mediatrix, as on the part of the other 
 Princes who may be interefted therein, and to contri- 
 bute his counfel and ailHlance for concluding, by the 
 
 inter-
 
 1787-] WITH FRANCE. '$15 
 
 interpofition of friendly offices and united efforts, fuch 
 treaties, conventions, or regulations whatfoever, as 
 may appear to be neceffary for completing i;he work 
 of peace; all which he lhall fubfcribe and fign, and 
 ihall alfo deliver fuch inftrument or inftruments, on his 
 part, as may be proper and required of him for per- 
 fecting the bufmefs : promifmg, on our Imperial^ 
 Royal, and Archdueal word, that we will ratify, ac- 
 cept, and faithfully fulfil all fuch things as our faid 
 AmbafTador fhall have concluded, promifed, and figned, 
 by virtue of thefe prefents, and that we will order 
 letters ,of ratification to be expedited at the time 
 agreed upon. In witnefs, and for the greater validity 
 whereof, we have figned this inftrument of full power 
 with our hand, and have ordered it to be confirmed 
 with our Imperial, Royal, and Archdueal feal affixed 
 thereto. Given in our city of Vienna, the fixteenth 
 day of April, in the year of our Lord one thoufand 
 feven hundred and eighty-three, in the twentieth of 
 our Roman-Germanic reign, and the third of our 
 hereditary reign. 
 
 JOSEPHUS. 
 
 tfs. Kaunitz Rietberg* 
 
 By his Sacred imperial and Royal Apoftolic Ma- 
 jefty's fpecial command. 
 
 Ant. Spelmann* 
 
 fhe Emprejs of Ruffiits Full Power* 
 * BY the grace of God, we Catherine the Second,- 
 Emprefs and fole Monarch of all the RulTias, "of 
 Mufcovy, Kiovia, VIodomiria, Novogofod, Czarina. 
 of Cafan, Czarina of Aftracan, Czarina of Siberia, Lady 
 of Plefcau, and Great Dxitchefs ofSmoienfko; Dutchefe 
 of Eftonia, of LiVoriia, Carelia, Twer, Ingoria, Germia, 
 Viatkia, Bulgaria, and other countries ; Lady and Great 
 Dutchefs of Lower Novogorod, of Czernigovia, Re- 
 fan, Roilow, Jaroflow, Belo-Oforia, Udoria, Obdoria, 
 Condihia; Ruler of all the fide of the North > Lady* 
 LI a of
 
 TREATIES 
 
 of Iveria j and Hereditary Princefs and Sovereign of 
 the Czars of Cartalinia and Georgia, as alfo of Ca- 
 bardinia, of the Princes of Circafiia, of Gorfki, &c. 
 'Being intent, during all the courfe of the late war, 
 which had extended over every part of the earth, to 
 teftify how much we had it at heart to fee the calamities 
 thereof terminated, we were inclined, in conjunction 
 with his Majefty the Emperor of the Romans, King of 
 Hungary and Bohemia, to employ our good offices, in 
 order to find means of conciliation proper for re- 
 cftablifhing peace and good underftanding between the 
 belligerent Powers. We have had the fatisfaction to 
 obferve that our common endeavours were not fruit- 
 lefsj and the pacific fentiments with which the faid 
 Powers were happily animated, having ripened and 
 ftrengthened fo far that they proceeded to conclude 
 preliminary articles, ferving as a bafis to the definitive 
 treaties, they invited us, conjointly with his Majefty 
 the Emperor of the Romans, King of Hungary and 
 Bohemia, to carry our united mediation into full exe- 
 cution, and to interpofe our good offices in this falutary 
 work, by concurring to coafolidate and fully eftablifh 
 the peace, the foundations of which were laid by the 
 aforefaid preliminary articles, and thus to accomplifh 
 the bufinefs of pacification fo happily begun. We, 
 equally induced by the fentiments above exprefied, as 
 by a juft acknowledgment of thofe which were mani- 
 feftcd to us on the part of the faid Powers, did not 
 hefitate, in conceit with his Majefty the Emperor of 
 the Romans, to confirm their expectation, and to charge 
 ourfelf with the important employment which was 
 tendered to us. For this end, we have made choice of, 
 named, and deputed, and by thefc prefents do make 
 choice of, name, and depute, our Minifters Plenipoten- 
 tiary to his moft Chriftian Majefty, our beloved and 
 trufty Prince, I wan Bariatinfkoy, Lieutenant General of 
 our forces, Knight of the Order cf St. Anne, and the 
 Sieur Arcadius de Marcoff, our Counfellor of Chan- 
 cery, giving them full power, in cur name, and on our 
 
 behalf,
 
 1787.] WITH FRANCE. 517 
 
 behalf, in quality of mediators, jointly with him or 
 them who fhall be named for this purpofe, and like* 
 wife furniftied with full powers, on the part of his Ma- 
 jefty the Emperor of the Romans, King of Hungary 
 and Bohemia, co-mediator, as well as on the part of 
 the other Powers interefted therein, to aft or jnterpofe, 
 and afiift with our mediation and good offices in the 
 arrangement and completion of all fuch treaties, con- 
 ventions, or other inftruments, as fhall be judged ne- 
 cefTary for the confolidation and entire confirmation of 
 the v/ork begun ; and alfo to fign and deliver, on their 
 part, fuch aft or acts as may be required and deemed 
 conducive to the attainment of that end : promifing, 
 on our faith and Imperial word, to approve and faith- 
 fully perform every thing which lhall have been done, 
 concluded, promifed, and figned, in virtue of the 
 prefent full power, by the faid Prince Bariatinfkoy 
 and Sieur MarcofF, as alfb to caufe our ratifica- 
 tions thereof to be expedited in the time agreed 
 upon. In witnefs whereof we have figned thefe pre- 
 fents with our own hand, and have caufed the great 
 fcal of the empire to be fixed thereto. Given at our 
 refidence of St. Peterfburgh, the twelfth of March, in 
 the year of grace one thoufand feven hundred and 
 eighty-three, and in the twenty-firft year of our reign. 
 
 CATHERINE. 
 
 Count John d'Oftermann. 
 
 [The COMMERCIAL TREATY, 1786, is printed from the 
 copy, which was publifhed by authority, in 1786.] 
 
 be treaty of Navigation and Commerce between his 
 Britannic Majefty and the moft Chriftian King; 
 Signed at Verfailles, the i6th ^September, 1786. 
 
 HIS Britannic Majefty, and his moft Chriftian 
 
 Majefty, being equally animated with the defire 
 
 L 1 3 not
 
 51* TREATIES [1259 
 
 not only of confclidating the good harmony which actu- 
 ally fubfifts between them, but alib of extending the 
 happy effects thereof to their refpective fubjects, have 
 thought that the mod efficacious means for attaining, 
 thofe objects, conformably to the eighteenth article of 
 the treaty of ^eace figned the 6th of September, 1783, 
 would be to -adopt a fyftem of commerce on the bafis 
 of reciprocity and mutual convenience, which, by 
 difcontinuing the prohibitions and prohibitory duties 
 which have exifted for almoft a century between the 
 two nations, might procure the moft folid advantages 
 on both fides to the national productions and induftry, 
 and put an end to contraband trade, no lefs injurious 
 to the public revenue than to that lawful commerce 
 which is alone entitled to protection. For this end, 
 their faid Majefties have named for their CommiiTaries 
 and Plenipotentiaries, to wit, the King of Great Bri- 
 tain, \Villiam Eden, Efq; Privy Counfellor in Great 
 Britain and Ireland, Member of the Britifh Parliament, 
 his Envoy Extraordinary and Minifter Plenipo- 
 tentiary to his moft Chriftian Majefty ; and the moft 
 Chriftian King, the Sieur Jofeph Mathias Gerard de 
 Rayneval, Knight, Counfellor of State, Knight of the 
 Royal Orcjer of Charles III ; who, after having ex- 
 changed their refpective full powers, have agreed upon 
 the following articles. 
 
 I. It is agreed and concluded between the moft Se- 
 rene and moft Potent King of Great Britain, and the 
 moft Serene and moil Potent the mcft Chriftian King, 
 that there fhall be a reciprocal and entirely perfect 
 liberty of navigation and commerce between the fub- 
 iects of each party, in all and every the kingdoms, 
 ftates, provinces, and territories, fubject to their Ma- 
 jefti^s, in Europe, for all and fingular kinds of goods, 
 in thofe places, upon the conditions, and in fuch man- 
 ner and form as is fettled and adjufted in the follow- 
 ing articles. 
 
 II. For 
 
 and 
 tent
 
 1787-] WITH FRANCE. 519 
 
 II. For the future fecurity of commerce and friend- 
 fhip between the flibjefts of their faid Majefties, and 
 to the end that this good correfpondence may be pre- 
 ierved from all interruption and difturbance, it is con- 
 cluded and agreed, that if at any time there ihould 
 arife any mifunderftanding, breach of friendfhip, _ or 
 rupture, between the crowns of their Majefties, which 
 God forbid ! (which rupture (hall not be deemed to ex- 
 ift until the recalling or fending home of the refpeftive 
 Ambafladors and Minifters) the fubjeftsof each of the 
 two parties, refiding in the dominions of the other, (hall 
 have the privilege of remaining and continuing their 
 trade therein, without any manner of difturbance, fo 
 long as they behave peaceably, and commit no of- 
 fence againft the laws and ordinances: and in cafe their 
 conduct Ihould render them fufpedted, and the refpec- 
 -tive governments ihould be obliged to order them to 
 remove, the term of twelve months (hall be allowed 
 them for thatpurpofe, in order that they may remove, 
 with their effects and property, whether entrufted to 
 individuals or to the State. At the fame time it is to 
 be underftood, that this favour is not to be extended 
 to thofe who (hall aft contrary to the eftabliihed 
 laws. 
 
 III. It is likewife agreed and concluded, that the 
 fubjefts and inhabitants of the kingdoms, provinces, 
 and dominions of their Majefties, fhall exercife no a6ts 
 of hoftility or violence againft each other, either by 
 fea or by land, or in rivers, ftreams, ports, or havens, 
 under any colour or pretence whatfoever; fo that the 
 fubjefts of either party fhall receive no patent, com- 
 miflion, or inftrudtion for arming and acting at fea as 
 privateers, nor letters of reprifal, as they are called, 
 from any Princes or States, enemies to the other party; 
 nor by viriue or under colour of fuch patents, com- 
 miffions, or reprifals, ihall they difturb, infeft, or any 
 way prejudice or damage the aforefaid fubjefts and in- 
 habitants of the King of Great Britain, or of the 
 moft Chriftian King; neither fhall they arm fhips m 
 L 1 4
 
 520 TREATIES [1259 
 
 fuch manner as is abovefaid, or go out to Tea there- 
 with. To which end, as often as it is required by 
 cither party, flricl: and exprefs prohibitions fhall be 
 renewed and publifhed in all the territories, countries, 
 and dominions of each party wherefoever, that no one 
 fhall in any wife ufe fuch commifiions or letters of re- 
 prifal, under the fevereft punifhment that can be in- 
 fiifted on the tranfgrefTors, befides being liable to 
 make full reftitution and fatisfadion to thofe to whom 
 they have done any damage : neither (hall any letters 
 of reprifal be hereafter granted by either of the laid 
 high contracting parties, to the prejudice or detriment 
 of the fubje&s of the other, except only in fuch cafe 
 wherein juftice is denied or delayed ; which denial or 
 delay of juftice (hall not be regarded as verified, un- 
 lefs the petition of the pcrfon who defires the faid let- 
 ters of reprifal be communicated to the Minifter re- 
 fiding there on the part of the Prince againft whofe 
 ,fubjec~bs they are to be granted, that within the fpace of 
 four months, or fooner, if it be pofllble, he may ma- 
 nifeft the contrary, or procure the fatisfadtion which 
 may be juftly due. 
 
 IV. The fubjefts and inhabitants of the refpeftive 
 dominions of the two Sovereigns fhall have liberty, 
 freely and fecurely, without licence or paflport, general 
 or fpecial, by land or by lea, or any other way, to 
 enter into the kingdoms, dominions, provinces, coun- 
 tries, iflands, cities, villages, towns; walled or unwalled, 
 fortified or unfortified, ports, or territories whatsoever, 
 of either Sovereign, fituated in Europe, and to return 
 from thence, to remain there, or to pafs through the 
 lame, and therein to buy and purchafe, as they pleafe, 
 all things neceiTary for their fubfiftence and ufe, and 
 they fhall mutually be treated with all kindnels and 
 favour. Provided, however, that in all thefe matters 
 they behave and conduit themfelves conformably to 
 the laws and ftatutes, and live with each other in a 
 friendly and peaceable manner, and promote reciprocal 
 concord by maintaining a mutual good underftanding. 
 
 V, The
 
 f 787.] W^TH FRANCE. 521 
 
 V. The fubjefts of each of their faid Majefties may 
 have leave and licence to come with their fhips, as 
 alfo with the merchandizes and goods on board the 
 fame, the trade and importation whereof are not pro- 
 hibited by the laws of either kingdom, and to enter 
 into the countries, dominions, cities, ports, places, and 
 rivers of either party, fituated in Europe, to refort 
 thereto, and to remain and refide there, without any 
 limitation of time ; alfo to hire houfes, or to lodge 
 with other perfons, and to buy all lawful kinds of mer- 
 chandizes where they think fit, either from the firft 
 maker or the feller, or in any other manner, whether 
 in the public market for the fale of merchandizes, or 
 in fairs, or wherever fuch merchandizes are manufac- 
 tured or fold. They may likewife depofit and keep 
 in their magazines and warehoufes the merchandizes 
 brought from other parts, and 'afterwards expofe the 
 fame to fale, without being in any wife obliged, unlefs 
 willingly and of their own accord, to bring the faid 
 merchandizes to the marts and fairs. Neither are they 
 to be burthened with any impofitions or duties on ac- 
 count of the faid freedom of trade, or for any other 
 caufe whatfoever, except thofe which are to be paid 
 for their mips and merchandizes conformably to the 
 regulations of the prefent treaty, or thofe to which the 
 fubjedls of the two contracting parties fhall themfelves 
 be liable. And they fhall have free leave to remove 
 .themfelves, as alfo their wives, children, and fervants, 
 together with their merchandizes, property, goods, or 
 effects, whether bought or imported, wherever they 
 lhall think fit, out of either kingdom, by land and by 
 fea, on the rivers and frefh waters, after difcharging 
 the ufual duties, any law, privilege, grant, immunities, 
 or cuftoms to the contrary thereof in any wife not- 
 withftanding. In matters of religion, the fubjects of 
 the two crowns fhall enjoy perfect liberty: they lhall 
 not be compelled to attend Divine fervice, whether 
 in the chu 1 :hes or elfewherej but, on the contrary, 
 they fhall be permitted, without any moleftation, to 
 
 perform
 
 TREATIES 
 
 perform die exerciks of their religion privately in 
 their own hcufes, jnd in their own way. Liberty 
 ihall not be rcfufcd to bury rhc fubjccts of either king- 
 dom, wlio die in the territories of the other, in conve- 
 nient places to be appointed for that purpofe; nor fhall 
 the funerals or fepulchres of the dcceafed be in any 
 wife difturbed. The laws and llatutes of each king- 
 dom fhall remain in force and vigour, and Ihall be 
 duly put in execution, whether they relate to com- 
 inerce and navigation, or to any other right, thole caies 
 only excepted, concerning which it is otherwife deter, 
 mined in die articles of this prefent treaty. 
 
 VI. The two high contracting parties have thought 
 proper to fettle the duties on certain goods and mer- 
 chandizes, in order to fix invariably die footing on 
 which the trade therein fhall be eftabliihed between 
 the two nations. In confequence of which they have 
 agreed upon the following tariff, 172. 
 
 i ft. The wines of France, imported direftly from 
 France into Great Britain, fhall in no cafe pay any 
 highej duties than thofe which the wines of Portugal 
 now pay. 
 
 The wines of France, imported dineftly from France 
 into Ireland, fhall pay no higher duties than thofe 
 which they now pay. 
 
 2d. The vinegars of France, inftcad of fixty-fevcn 
 pounds five fhillings and three pence, and twelve tu< n- 
 reths of a penny fterling, per ton, which they now 
 pay, fhall not for the future pay in Great Britain any 
 higher duties than thirty-two pounds eighteen Ihiiljngs 
 and ten pence, and fixteen twentieths of a penny fter- 
 ling, per ton. 
 
 jd. The brandies of France, inftead of nine fhil- 
 Itngs and fix pence, and twelve twentieths of a penny 
 fterling, fhall for the future pay in Great Britain only 
 feven fhillings fterling pef gallon, making four quarts, 
 Englilh meafurc/ 
 
 4th. Oil of olives, coming direftly from France,
 
 "1787] WITH FRANC&. 523 
 
 shall for the future pay no higher duties than are now 
 paid for the fame from the moft favoured nations. 
 
 5th. Beer fhall pay reciprocally a duty of thirty per 
 cent, ad valorem. 
 
 6th. The duties on hardware, cutlery, cabinet ware, 
 and turnery, and alfo all works, both heavy and light, 
 of iron, fteel, copper, and brafs, fhall be elaffed ; and 
 the higheft duty fnall not exceed ten per cent, ad va- 
 lorem. 
 
 yth. All forts of cottons manufactured in the do- 
 minions of the two Sovereigns in Europe, and alfo 
 woollens, whether knit or wove, including hofiery, 
 fhall pay, in both countries, an import duty of twelve 
 per cent, ad valorem ; all manufactures of cotton or 
 wool, mixed with filk, excepted, which lhall remain 
 prohibited on both fides. 
 
 '8th. Cambrics and lawns lhall pay, in both coun- 
 tries, an import duty of five fhillings, or fix Ivor a 
 ^Tournois, per demi piece of feven yards and three quar- 
 ters, Englifh meafure; and linens, made of flax or 
 hemp, manufactured in the dominions of the two 
 Sovereigns in Europe, fhall pay no higher duties, either 
 in Great Britain or France, than linens manufactured 
 in Holland or Flanders, imported into Great Britain, 
 now pay. 
 
 And linens made of fiax or hemp, manufactured in 
 Ireland or France, fhall reciprocally pay no higher 
 duties than linens manufactured in Holland, imported 
 jnto Ireland, now pay. 
 
 9th. Sadiery fhall' reciprocally pay an import duty 
 of fifteen per cent, ad valorem. 
 
 icth. Gauzes of all forts fhall reciprocally pay ten 
 per cent, ad valorem. 
 
 nth. Millinery made up of muflin, lawn, , cambric, 
 or gauze of every kind, or of any other article ad- 
 mitted under the prefent tariff, fhall pay reciprocally 
 a duty of twelve per cent, ad valorem : and if any ar- 
 ticles fhall be ufed therein which are not fpecified in 
 (^>e tariff, they fhall pay no higher duties than thofe 
 
 paici
 
 524 TREATIES [1259 
 
 paid for the fame articles by the moft favoured na- 
 tions. 
 
 1 2th. Porcelain, earthen-ware, and pottery, fhall 
 pay reciprocally twelve per cent, ad valorem. 
 
 1 3th. Plate -glafs, and glafs-ware in general, fhall be 
 admitted on each fide, paying a duty of twelve per 
 cent, ad valorem. 
 
 His Britannic Majefty referves the right of coun- 
 tervailing, by additional duties on the under-mentioned 
 merchandizes, the internal duties actually impofed upon 
 the manufactures, or the import duties which are 
 charged on the raw materials; namely, on ail linens 
 or cottons, ftaintd or printed, on beer, glafs- ware, 
 plate-glafs, and iron. 
 
 And his moft Chriftian Majefty alfo referves the 
 right of doing the fame, with regard to the following 
 merchandizes ; namely, cottons, iron, and beer. 
 
 And for the better Iccuring the due collection of the 
 duties payable, ad valorem, which are fpecificd in the 
 above tariff, the faid contracting parties will concert with 
 each other as well the form of die declarations to be 
 made, as alfo the proper means of preventing fraud 
 with refpect to the real value of the faid goods arid 
 merchandizes. 
 
 But if it lhall hereafter appear that any miftakes 
 have inadvertently been made in the above tariff, con- 
 trary to the principles on which it is founded, the two 
 Sovereigns will concert with good faith upon die means 
 of rectifying them. 
 
 VII. The dunes above fpecified are not to be al- 
 tered but by mutual confent; and the merchandizes 
 not above fpecified fhall pay, in the dominions of the 
 two Sovereigns, the import and export duties payable 
 in each of ifce faid dominions by the moft favoured 
 European nations, at the time the prefent treaty bears 
 dates and the fhips belonging to the fubjtcts of the 
 faid dominions ftidl alfo refpectively enjoy therein all 
 the privileges and advantages which are granted to 
 thofe of the moft favoured European nations.
 
 1787.] WITH FRANCE. 52$ 
 
 And it being the intention of the two high contraft- 
 ing parties, that their refpective fubjeds Ihould be, in 
 the dominions of each other, upon a footing as advan- 
 tageous as thofe of other European nations, they agree 
 that, in cafe they fhall hereafter grant any additional ad- 
 vantages in navigation or trade to any other European 
 nation, they will reciprocally allow their faid fubjefts to 
 participate therein, without prejudice however to the 
 advantages which they referve, viz. France, in favour 
 of Spain, in confequence of the twenty-fourth article 
 of the family compact, figned the loth of May, 1761, 
 and England according to what fhe has practifed in 
 conformity to, and in confequence of the convention 
 of 1703, between England and Portugal. 
 
 And, to the end that every perfon may know with 
 certainty the ftate of the aforefaid impofts, cuftoms* 
 import and export duties, whatever they may be, it is 
 agreed that tariffs, indicating the impofts, cuftoms, 
 and eftablifhed duties, fhall be affixed in public places, 
 as well in Rouen and the other trading cities of France, 
 as in London and the other trading cities under the 
 dominion of the King of Great Britain, that recourfe 
 may be had to them whenever any difference lhall 
 arife concerning fuch impofts, cuftoms, and duties, 
 which fhall not be levied otherwife than in conformity 
 to what is clearly expreffed in the faid tariffs, and ac- 
 cording to their natural conftrudtion. And if any 
 officer, or other perfon in his name, fhall, under any 
 pretence, publicly or privately, directly or indirectly, 
 demand or take of a merchant, or of any other perfon, 
 any fum of money, or any thing elfe, on account of 
 duties, impoft, fearch, or compejifation, .although it 
 be under the name of a free gift, or under any other 
 pretence, more or otherwife than what is above pre- 
 fcribedj in fuch cafe, the faid officer, or his deputy, if 
 he be accufed and convicted of the fame before a com- 
 petent judge, in the place where the crime was com- 
 mitted, fhall give full fatisfaction to the injured party, 
 and fhall likewife fufFer the penalty prefcribed by the 
 
 hws - VIII, No
 
 r .5 TREATIES [12^9 
 
 VIII. No merchandize exported from the countries 
 refpectively under the dominion of their Majtfties^ 
 fhall hereafter be fubject to be inlpectcd or confiscated* 
 under any pretence of fraud or defect in making or 
 working them, or of any other imperfection whatfo- 
 everj but abfolute freedom lhall be allowed to the 
 buyer and feller to bargain and fix the price for the 
 fame, as they lhall ice good ; any law, ftatute, edict, 
 proclamation, privilege, grant, or cuftom to the con- 
 trary notwithftanding. 
 
 IX. Whereas feveral kinds of merchandizes, which 
 are ufually contained 'in calks, chefts, or other cafes, 
 and for which the duties are paid by weight, will be 
 exported from and imported into France by Britifh 
 fubjects; it is agreed, that, in fuch cafe, the aforefaid 
 duties lhall be demanded only according to the reaf 
 weight of the merchandizes; and the weight of the 
 Calks, chefts, and other cafes whatever, lhall be de- 
 ducted, in the fame manner as has been and is now 
 J)ra6liied in EJngland. 
 
 X. It is further agreed, that if any miftake or error" 
 lhall be committed by any mafter of a Ihip, his inter- 
 preter or factor, or by others employed by him, in 
 making the entry or declaration of her cargo, neither 
 the Ihip nor the cargo, for fuch defect, fhall be lubjectr 
 to confifcation; but it lhall be lawful for the propri- 
 etors to take back again fuch goods as were omitted 
 in the entry or declaration of the mafter of the thip,- 
 paying only the accuftomed duties according to the 
 pancart; provided always, that there be no maniieft 
 appearance of fraud. Neither lhall the merchants, or 
 the mailers of Ihips, or the merchadize, be fubject to 
 any penalties by reafon of fuch omiflion, in cafe the 
 goods omitted in the declaration lhall not have been 
 landed before the declaration has been made. 
 
 XI. In cafe either cf the two high contracting par-- 
 ties fliall think proper to eftablilh prohibitions, or tcr 
 
 the import duties upon any goods or mer- 
 x chandiztf
 
 1787.] WITH FRANCE. 5:7 
 
 jchandize 'of the growth or manufacture of the other, 
 which are not fpecified in the tariff; fuch prohibitions 
 or augmentations ihall be general, and flball compre- 
 hend the like goods and merchandizes of the other 
 moft favoured European nations, as well as thofe of 
 either ftate : and in cafe either of the two contracting 
 parties fhall revoke the prohibitions, or diminifh the 
 duties, in favour of 'any other European nation, upon 
 any goods or merchandize of its growth or manufac- 
 ture, whether on importation or exportation, fuch re- 
 vocations or diminutions fhall be extended to the fub- 
 jects of the other party, on condition that the latter 
 {hail grant to the fubjects of the former the importation 
 and exportation of the like goods and merchandizes 
 under the fame duties ; the cafes referved in the feventh 
 article of the prefent treaty always excepted. 
 
 XII.' And forafmiich as a certain ufagej not autho- 
 rized by any law, has formerly obtained in divers parti 
 of Great Britain and France, by which French fubjects 
 have paid in England a kind of capitation tax, called 
 in the language of that country Head-money; and 
 Englifri fubjects a like duty in France, called Argent 
 ' 4u chef; it is agreed, that the faid impoft fhall not be 
 demanded for the future, on either fide, neither under 
 the ancient name, nor under any other name, what- 
 fbever. 
 
 XIII. If eicher of the high contracting parties has 
 granted or fhall grant any bounties for encouraging the 
 exportation of any articles being of the growth, pro- 
 duce, or manufacture of his dominions, the other 
 party fhail be allowed to add to the duties already im- 
 pofed, by virtue of the prefent treaty, on the faid goods 
 and merchandizes imported into his dominions, fuch 
 an import duty as fhall be equivalent to the laid bounty. 
 But this ftipulation is not to extend to the cafes of re- 
 ftitutions of duties and impofts. (called drawbacks) 
 ' which are allowed upon exportation. . 
 
 * ' The
 
 528 TREATIES [1259 
 
 XIV. The advantages granted by the prefent treaty, 
 to the fubjects of his Britannic Majefty, fhall take 
 effect, as far as relates to the kingdom of Great Bri- 
 tain, as foon as laws (hall be pafled there for fecuring 
 to the fubjedts of his mod Chriftian Majefty the rccr*- 
 procal enjoyment of the advantages which are granted 
 to them by the prefent treaty. 
 
 And the advantages granted by all thefe articles, 
 except the tariff, lhall take effect, with regard to the 
 kingdom of Ireland, as foon as laws fhall be pafled there 
 for fecuring to the fubjects of his moft Chriftian Ma- 
 jefty the reciprocal enjoyment of the advantages which 
 are granted to them by this treaty; and, in like manner, 
 the advantages granted by the tariff fhall take effect in 
 what relates to the faid kingdom, as foon as laws fhall 
 be pafled there for giving efted to the laid tariff. 
 
 XV. It is agreed, that fhips belonging to his Bri- 
 tannic Majefty's fubjects, arriving in the dominions of 
 his moft Chriftian Majefty from the ports of Great 
 Britain or Ireland, or from any other foreign port, fhall 
 not pay freight duty, or any other like duty. In the 
 fame manner, French fhips fhall be exempted, in the 
 dominions of his Britannic Majefty, from the duty of 
 five (hillings, and from every other fimilar duty or 
 charge. 
 
 XVI. It fhall not be lawful for any foreign priva- 
 teers, not being fubjects of either crown, who have 
 commiffions from any other Prince or State, in enmity 
 with either nation, to arm their fhips in the ports of 
 either of the faid two kingdoms, to fell what they have 
 taken, or in any other manner whatever to exchange 
 the fame; neither fhall they be allowed even to pur- 
 chafe victuals, except fuch as fhall be neceffary for 
 their going to the neareft port of that Prince from 
 whom they have obtained commiflions. 
 
 XVII. When any difpute fhall arife between any 
 ommander of a fhip and his fearnen, in the ports of 
 cither kingdom, concerning wages due to the faid fea- 
 
 men,
 
 1787.} WITH FRANCE. 
 
 men, or other civil caufes whatever, the magiftrate of 
 the place Ih all require no more from the perfon accufed 
 than that he give to the accufer a declaration in writing, 
 witneffed by the magiftrate, whereby he fhall be bound 
 to anfwer that matter before a competent judge in his 
 own country -, which being done, it fhall not be lawful 
 either for the feamen to defert their fhip, or to hinder 
 the commander from profecuting his voyage. It fhail 
 moreover be lawful for the merchants, in the places of 
 their abode, or elfewhere, to keep books of their ac- 
 counts and affairs* as they fnall think fit, and to have 
 an intercourfe of letters in fuch language or idiom as 
 they fhall chufe^ without any moleftation or fearch 
 whatfoever. But if it fhould happen to be neceffary 
 for them to produce their books of accounts for de- 
 ciding any difpute or controverfy, in fuch cafe, they 
 fhall be obliged to bring into court the entire books 
 or writings, but fo as the judge may not have liberty 
 to take cognizance of any other articles in the faid 
 books than fiich as fhall relate to the affair in queflion, 
 or fuch as fhall be necefTary to give credit to the faid 
 books j neither friall it be lawful, under any pretence, 
 to take the faid books or writings forcibly out of the 
 hands of the owners, or to retain them, the cafe of 
 bankruptcy only excepted. Nor fhall the fubjeds of 
 the King of Great Britain be obliged to write their 
 accounts, letters, or other inftruments relating to trade, 
 on ftamped paper, except their day-book, which, that 
 it may be produced as evidence in any law-fuir, ought, 
 according to the laws which all perfons trading in 
 France are to obferve, to be indorfed and attefted 
 gratis by the judge, under his own hand.- 
 
 XVIII. It is further agreed and concluded, that all 
 merchants, commanders of fhips, and others, the fub- 
 jefts of the King of Great Britain, in all the domi- 
 nions of his mofl Chriftia-n Majefty in Europe, fhall 
 have full liberty to manage their own affairs themfelve's, 
 or to commit them to the management of whomfoever 
 they pleafe; nor fhall they be obliged to employ any 
 
 VOL. I. Mm inter*
 
 530 TREATIES [125? 
 
 interpreter or broker, nor to pay them any falary, 
 unlefs they fhall chufe to employ them. Moreover, 
 matters of fhips fhall not be obliged, in loading or 
 unloading their fhips, to make ufe of thofe perlbrs 
 who may be appointed by public authority for that 
 purpole, either at Bourdeaux or elfcwhere ; but it 
 ihall be entirely free for them to load or unload their 
 fhips by themfelves, or to make ufe of fuch perfons in 
 loading or unloading the fame as they fliall think fit, 
 widiout the payment of any reward to any other whom- 
 foever; neither fhall they be forced to unload into 
 other fhips, or to receive into their own any merchan- 
 dize whatever, or to wait for their lading any longer 
 than they pleafe. And all the fubjeds of the molt 
 Chriftian King Ihall reciprocally have and enjoy the 
 fame privileges and liberties, in all the dominions of 
 his Britannic Majcfty in Europe. 
 
 XIX. 'The fhips of either party being laden, failing 
 along the coafb of the other, and being forced by 
 ftorm into the havens or ports, or making land there 
 in any other manner whatever, fhall not be obliged to 
 unlade their goods, or any part thereof, or to pay any 
 duty, unlefs they of their own accord unlade their 
 goods there, and fell fome part thereof. But it fliall 
 be lawful, permiflion having been firft obtained from 
 thofe who have the direction of maritime affairs, to 
 unlade and fell a fmall part of their cargo, merely 
 for the end of purchafing neceflaries, either for victual- 
 ling or refitting the fhip ; and in that cafe the whole 
 lading Ihall not be fubjeft to pay the duties, but that 
 fmall part only which fhall have been taken out and 
 fold. 
 
 XX. It fhall be lawful for all the fubjccls of th* 
 King of Great Britain, and of the moft Chriftian King, 
 to fail with their fhips, with perfect fecurity and liberty, 
 no diftinc"lion being made who are the proprietors of 
 the merchandizes laden thereon, from any port what- 
 ever, to the countries which are now or fliall be here- 
 after
 
 1787.] WITH FRANCE* 531 
 
 after at war with the King of Great Britain, or the 
 moft Chriftian King. It fhall likewife be kwful for 
 the aforefaid fubjefts to fail and traffic with their ftiips 
 and merchandizesj with the fame liberty and fecm-it)^ 
 from the countries, ports, and places of thofe who are 
 enemies of both, or of either party, without any op- 
 pofition or difturbance whatsoever, and to pafs directly 
 not only from the places of the enemy afore-men- 
 tioned to neutral places, but alfo from one place be- 
 longing to an enemy to another place belonging to an 
 enemy, whether they be under the jurifdiction of the 
 fame or of feveral Princes. And as it has been flipu- 
 lated concerning iriips and goods, that every thing fhall 
 be deemed to be free which fhall be found on board 
 the fhips belonging to the fubjefts of the refpective 
 kingdoms, although the whole lading, or part thereof, 
 fhould belong to the enemies of their Majefties, con- 
 traband goods being always excepted, on the flopping 
 of which, fuch proceedings fhall be had as are con- 
 formable to the fpirit of the following articles; it is 
 likewife agreed, that the fame liberty be extended to 
 perfons who are on board a free fhip, to the end that, 
 although they be enemies to both or to either party, they 
 may not be taken out of fuch free fhip, unlefs they are 
 foldiers actually in the fervice of the enemies, and on 
 their voyage for the purpoie of being employed in a 
 military capacity in their fleets or armies. 
 
 XXI. This liberty of navigation and commerce 
 fhall extend to all kinds of merchandizes, excepting 
 thofe only which are fpecified in the following article, 
 and which are defcribed under the name of Contraband. 
 
 XXII. Under this name of Contraband, or prohi- 
 bited goods, fhall be comprehended arms, cannon, 
 harquebuftes, mortars, petards, bombs, grenades, fau- 
 cifies, carcafTes, carriages for cannon, mufket-refls, 
 bandoleers, gunpowder, match, falt-petre, ball, pikes, 
 fwords, head-pieces, helmets, cuirafies, halberds, ja* 
 vclins, holflers, belts, horfes and harnefs, and ail other 
 
 M m 2 like
 
 W TREATIES [1259 
 
 like kinds of arms and warlike implements fit for the 
 ufc of troops. 
 
 XXIII. Thefe merchandizes which follow fhall 
 not be reckoned among contraband goods, that is to 
 fay, all forts of cloth, and all other manufactures of 
 wool, flax, filk, cotton, or any other materials ; all 
 kinds of wearing apparel, together with the articles of 
 which they are ufually made ; gold, filver, coined or 
 uncoined, tin, iron, lead, copper, brafs, coals j as alfo 
 wheat and barley, and any other kind of qprn and pulfe, 
 tobacco, and all kinds of fpices, faked and fmoked 
 flelh, faked fifh, cheefe and butter, beer, oil, wines, 
 fugar, all forts of fait, and of provifions which ferve 
 for fuflenance and food to mankind ; alfo all kinds of 
 Cotton, cordage, cables, fails, failcloth, hemp, tallow> 
 pitch, tar and rofin, anchors, and any parts of anchors, 
 fhip-mafts, planks, timber of all kinds of trees, and all 
 other things proper either for building or repairing 
 fhips. Nor fhall any other goods whatever, which 
 have not been worked into the form of any inftru- 
 ment or furniture for warlike ufe, by land or by fea, 
 be reputed contraband, much lefs fuch as have been 
 already wrought and made up for any other purpofe. 
 All which things fhall be deemed goods not contra- 
 band, as likewife all others which are not comprehen- 
 ded and particularly defcribed in the preceding article ; 
 fo that they may be freely carried, by the fubje&s of 
 both kingdoms, even to places belonging to an ene- 
 my, excepting only fuch places as are befieged, blocked 
 up, or inverted. 
 
 XXIV. To the end that all manner of difienfions 
 and quarrels may be avoided and prevented on both 
 fides, it is agreed, that in cafe either of their Majef- 
 tles fhould be engaged in war, the fhips and vefiels 
 belonging to die fubjeds of the other fhall be furnifhed 
 with Tea-letters or pafiports, exprefiing the name, 
 property, and bulk of the fhip, as alfo the name and 
 place of abode of the mailer or commander of the 
 
 faid
 
 1787.] WITH FRANCE. 533 
 
 faid fhip, that it may appear thereby, that the {hip 
 really and truly belongs to the fubjecls of one of the 
 Princes ; which pafTports (hall be made out and grant- 
 ed, according to the form annexed to the prefent 
 treaty : they fhall likewife be renewed every year, if 
 the fhip happens to return home within the- fpace of a 
 year. It is alfo agreed, that fuch fhips when laden 
 are to be provided not only with paflports as above- 
 mentioned, but alfo with certificates containing the fe- 
 veral particulars of the cargo, the place from whence 
 the {hip failed, and whither {he is bound, fo that it 
 may be known whether fhe carries any of the prohi- 
 bited or contraband goods fpecified in the 22d article 
 of this treaty , which certificates {hall be prepared by 
 the officers of the place from whence the fhip fet fail, 
 in the accuftomed form. And if any one fhall think 
 fit to exprefs in the faid certificates the perfon to 
 whom the goods belong, he may freely do fo. 
 
 XXV. The {hips belonging to the fubjefts and in- 
 habitants of the refpective kingdoms, coming to any 
 of the coafts 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, {hall not 
 be obliged to give an account . of their lading, unlefs 
 they are fufpeded, upon fure evidence, of carrying 
 prohibited goods, called contraband, to the enemies 
 of either of the two high contracting parties. 
 
 XXVI. In cafe the fhips belonging to the faid fub- 
 jecls and inhabitants of the refpeftive dominions of 
 their moll Serene Majefties, either on the coaft, or on 
 the high feas, fhall meet with any men of war belong- 
 ing to their moft Serene Majefties, or with priva- 
 teers, the faid men of war and privateers, for prevent- 
 ing any inconveniencies, are to remain out of cannon- 
 fhot, and to fend their boats to the merchant fhip which 
 may be met wkh, and fhall enter her to the number 
 of two or three men only, to whom the mafter or 
 commander of fuch fhip or veftel fhall {hew his paff- 
 
 M, m 3 port.
 
 534 TREATIES [1259 
 
 port, containing the proof of the property of the JViip, 
 made out according to the form annexed to this pre- 
 fent treaty ; and the fhip which fhall have exhibited 
 the fame, iliall have liberty to continue her vo 
 and it lhall be wholly unlawful any way to moleft or 
 fearch her, or to ciiafe or compel her to alter her 
 courfe, 
 
 XXVII. The merchant fhips belonging to the Ob- 
 jects of either of the two high contracting parties, 
 which intend to go to a port at enmity with the other 
 Sovereign, concerning whofe voyage, and the fort of 
 goods on board, there may be juft caufe of fufpicion, 
 fhall be obliged to exhibit, as well pn the high feas as 
 in the ports and havens, not only her paffports, but 
 alfo her certificates, expreffing that the goods are not 
 of the kind which are contraband, as fpecified in the 
 22d article of this treaty. 
 
 XXVIII. If, on exhibiting the above-mentioned 
 certificates, containing a lift of the cargp, the other 
 party fhould difcover any goods of that kind which are 
 declared contraband, or prohibited, by the 22d article 
 of this tfeaty, N and which are defigned for a port fub- 
 jeft to his enemies, it fhall be unlawful to break up 
 or opien the hatches, chefts, cafks, bales, or other vef- 
 lels fo^ind on board fuch fhip, or to remove even the 
 fmalleft parcel or the goods, whether the faid fhip 
 belongs to the fubjecls of the King of Great Britain, 
 
 f" the moft Chriftian King, unlefs the lading be 
 :i;ht on fhore, in the prefence of the officers of the 
 court of admiralty, and an inventory made by them of 
 the faid goixis : nor fhall it be lawful to fell, ex- 
 change, or alienate the fame in any manner, unlefs 
 after due ancf\ lawful procefs Ihall have been had againft 
 fuch prohibited goods, and the judges of the Admi- 
 ralty refpectively fhall, by fentence pronounced, have 
 conhTcated tne fame, faving always as well the fhip 
 itfelf, as the pther gcjods found therein, which by this 
 treaty are to be accounted free 5 neither may they be 
 
 detained
 
 1787.] WITH FRANCE.. 535 
 
 detained on pretence of their being mixed with prohi- 
 bited goods, much lefs fhall they be confiscated as 
 lawful prize: and if when only part of the cargo fhall 
 confift of contraband goods, the mafter of the fhip 
 fhall agree, confent, and offer to deliver them to the 
 captor who has difcovered them, in fuch cafe, the cap- 
 tor, having received thofe goods as lawful prize, fhall 
 forthwith releafe the fnip, and not hinder, her, by any 
 means, from profecuting- her voyage to the place of 
 her deftination. 
 
 XXIX. On the contrary, it is agreed, that what- 
 ever fhall be found to be laden by the fubjects and in- ' 
 habitants of either party, on any fhip belonging to the 
 enemies of the other, although it be not contraband 
 goods, fhall be confiicated in the fame manner as if 
 it belonged to the enemy himfelf ; except thofe goods 
 and merchandizes which were put on board fuch 
 fhip before the declaration of war, or the general or- 
 der for reprifals, or even after fuch declaration, if it 
 were done within the times following ; that is to fay, 
 if they were put on board fuch fhip in any port or 
 place, within the Ipace of two months after fuch de- 
 claration, or order for reprifals, between Archangel, 
 St. Peterfburgh, and the Scilly iflands, and be- 
 tween the faid iflands and the city of Gibraltar; often, 
 weeks in the Mediterranean fea ; and of eight months 
 in any other country or place in the world : fo that the 
 goods of the fubjefts of either Prince, whether they 
 be contraband, or otherwife, which, as aforefaid, were 
 put on board any fhip belonging to an enemy before 
 the war, or after the declaration of the fame, within 
 the time and limits above-mentioned, fhall no ways be 
 liable to confifcation, but fhall well and truly be refto- 
 red, without delay, to the proprietors demanding the 
 fame ; provided neverthelefs that, if the faid merchan- 
 dizes be contraband, it fhall not be any ways lawful to 
 carry them afterwards to the ports belonging to the 
 enemy, 
 
 M m 4 XXX. And>
 
 536 TREATIES [1259 
 
 XXX. And, that more abundant care may be taken 
 for the fecurity of the refpedive fubiefts of their moft 
 Serene Majefties, to prevent their fuffering any injury 
 by the men of war or privateers of either party, all 
 the commanders of the fhips of the King of Great 
 Britain, and of the moft Chriftian King, and all their 
 fubjects, fhall be forbid doing any damage to thofe of 
 the other party, or committing any outrage againft 
 them ; and if they aft to the contrary they fhall be 
 puniflied, and fhall moreover be bound, in their per- 
 fons and eftates, to make fatisfaction and reparation 
 for all damages, and the intereft thereof, of what na- 
 ture foever. 
 
 XXXI. For this caufe, all commanders of priva- 
 teers, before they receive their patents or fpecial com- 
 miflions, lhall hereafter be obliged to give, before a 
 competent judge, fufficient fecurity by good bail, who 
 are refponfible men, and have no intereft in the faid 
 fhip, each of whom fhall be bound in the whole for 
 the fum of thirty-fix thoufand livres Tournois, or fif-r 
 teen hundred pounds fterling ; or, if fuch (hip be pro- 
 vided with above one hundred and fifty feamen or 
 foldiers, for the fum of feyenty-two thoufand Hires 
 yournois, or th,ree thoufand pounds fterling, that they 
 will make entire fatisfaction for all damages and inju- 
 ries whatfoever, which they, or their officers, or others 
 in their fervice, may commit during their cruize, 
 contrary to the tenor of this prefent treaty, or the 
 edicts made in confequence thereof by their moft Se- 
 rene Majefties, under penalty like wife of having their 
 patents and Ipecial commiffions revoked and an- 
 nulled. 
 
 XXXII. Their faid Majefties being willing mutu- 
 ally to treat in their dominions the lubjcfts of each 
 other as favourably as if they were their own fubjecls, 
 will give fuch orders as fhall be necefTary and effec- 
 tual, that the judgments and decrees, concerning prizes 
 in the court of admiralty, be 'given conformably to 
 
 th.Q
 
 J7 8 7-3 WITH FRANCE. 537 
 
 the rules of juttice and equity, and to the ftipulations 
 of this treaty, by judges who are above all fufpicion, 
 and who have no manner of intereft in the caufe in 
 difpute. 
 
 XXXIII. And when the quality of the fhip, goods, 
 and matter, ihall fufficiently appear, from fuch pafT- 
 ports and certificates, it fhall not be lawful for the 
 commanders of men of war to exact any further proo 
 under any pretext whatfoever. But if any merchant 
 fhip fhall not be provided with fuch pafiports or cer- 
 tificates, then it may be examined by a proper judge., 
 but in fuch manner as, if it fhall be found, from 
 other proofs and documents, that it truly belongs to 
 {he fu ejects of one of the Sovereigns, and does not 
 contain any contraband goods, defigned to be car- 
 ried to the enemy of the other, it fhall not be liable 
 to confifcation, but fhall be releafcd, together with 
 its cargo, in order to proceed on its voyage. 
 
 If the matter of the fhip named in the paflports 
 ihould happsn to die, or be removed by any other 
 caufe, and another put in his place, the fhips and 
 goods laden thereon fnall nevertheiefs be equally fe- 
 cure, and the pafTports fhall remain in fall force. 
 
 XXXIV. It is further provided and agreed, that 
 the fliips of either qf the two nations, retaken by the 
 privateers of the other, fhall be reftored to the former 
 owner, if they have not been in the power of the ene- 
 my for the fpace of four and twenty hours, fubjecl: to 
 the payment, by the faid owner, of one third of tke 
 value of the fhip retaken, and of its cargo, guns, and 
 apparel ; which third part fhall be amicably adjufted 
 by the parties concerned ; but if not, and in cafe they 
 fhould difagree, they fhall make application to the of- 
 ficers of the admiralty of the place where the privateer 
 which retook the captured veflel fhall have carried 
 her. 
 
 If the fhip retaken has been in the power of the 
 enemy above four and twenty hours, fhe fhall wholly 
 jpelong to the privateer which retook hei^ 
 
 In
 
 TREATIES' [1259 
 
 In cafe of a fhip being retaken by any man of war 
 belonging to his Britannic Majefty, or to his moft 
 Chriftian Majefty, it fhail be reftored to the former 
 owner, on payment of the thirtieth part of the value 
 of fuch fhip, and of its cargo, guns, and apparel, if 
 it was retaken within the four and twenty hours ; and 
 the tenth part, if it was retnken after the four and 
 twenty hours } which fums fhall be diftributed, as a 
 reward, amongft the crews of the fhips which lhall 
 have retaken fuch prize. The valuation of the thir- 
 tieth and tenth parts above-mentioned fhall be fettled 
 conformably to the regulations in the beginning of this 
 article. 
 
 XXXV. Whenfoever the Ambafladors of either 
 of their faid Majefties, or other their Minifters having 
 2 public character, and refiding at the court of the 
 other Prince, fhall complain of the injuftice of the 
 fentences which have been given, their Majefties fhall 
 refpectively caufe the fame 'to be revifed and re-exa- 
 mined jn their cour.cfts, unlcfs their councils fhould 
 already have decided thereupon, that it may appear, 
 with 'certainty, whether the directions and provifions 
 prefcrrbed ih this treaty have been followed and ob- 
 ferved. Their Maj cities fhall likewife take care that 
 this matter be' effectually provided for, and that juf- 
 tice be done to every complainant within the fpace of 
 three months. However, before or after judgment 
 given, and pending the rcvifion thereof, it fhall not be 
 lawful to fell the goods in difpute, or to unlade them, 
 unlefs with the confcnt of the perfons concerned, for 
 preventing any kind of lofs ; and laws fhall be enacted 
 on botlii fides for tht execution of the prefent article. 
 
 XXXVI. If any differences fhall arife respecting the 
 legality of prizes, fo that a judicial decifion fhould 
 become ncceflary, the judge /hall direct the effects to 
 be unladen, an inventory and appraifement to be made 
 thereof, and fecurity to be required refpectively from 
 tfie Captor for paying the cofb, in Qa/e the fhip fhouki 
 
 not
 
 1787-] WITH FRANCE, 539 
 
 not be declared lawful prize ; and from the claimant 
 for paying the value of the prize, in cafe it fhould be 
 declared lawful -, which fecurities being given by both 
 parties, the prize lhall be delivered up to the claimr- 
 ant. But if the claimant fhouid refufe to give fuffi- 
 cient fecurity, the judge {hall direct the prize to be 
 delivered to the captor, after having received from 
 him good and fufficient fecurity for paying the full 
 value of the fakl prize, in cafe it fhould be adjudged 
 illegal. Nor fhall the execution of the fentence of the 
 judge be fufpended by reafon of any appeal, when the 
 party agaimt whom fuch appeal {hall be brought, 
 whether claimant or captor, lhall have given fufficient 
 fecurity for reftoring the fhip or effects, or the value 
 of fuch {hip or effects, to the appellant, in cafe judg- 
 ment fhould be given in his favour, 
 
 XXXVII. In cafe any fhips of war or merchant- 
 men, forced by ftorms or other accidents, be driven 
 on rocks or fhelves, on the coafts of either of the high 
 contracting parties, and fhould there be dafhed to 
 pieces and Ihipwrecked ; all fuch parts of the faid 
 fhips, or of the furniture or apparel thereof, as alfo of 
 the goods and merchandizes, as fhall be faved, or the 
 produce thereof, fhail be faithfully reftored, upon the 
 lame being claimed by the proprietors, or their fac- 
 tors, duly authorized, paying only -the expences in- 
 curred in the prefervation thereof, according to dis- 
 rate of falvage fettled on both fides ; faving at the 
 fame time the rights and cuftoms of each nation, the 
 abolition or modification of which fhall however be 
 treated upon, in the cafes where they {hall be contrary 
 to the ftipulations of the prefent article} and their 
 Majefties will mutually interpofe their authority, that 
 fuch of their fubjects, as fhall be fo inhuman as to 
 take advantage of any fuch misfortune^ may be feverety 
 puniflied. 
 
 XXXVIII. It fhall be free for the fubjefts of each 
 party to employ fuch advocates, attornies, notaries, 
 
 X fofcitors,
 
 540 TREATIES [1259 
 
 fblicitors, and factors, as they fiiall think fit ; to which 
 end, the faid advocates, and others above-mentioned, 
 fhaU be appointed by the ordinary judges, if it be 
 needful, and the judges be thcicunto Required. 
 
 XXXIX. And, for the greater fecurity and liberty 
 of commerce and navigation, it is further agreed, that 
 both the Kin^ of Great Britain, and the moft Chrif- 
 tian King, fhall not only refufe to receive any pirates 
 or fea-rovers whatsoever' into any of their havens, 
 ports, cities, or towns, or permit any of their fubjedls, 
 citizens, or inhabitants, on either part, to receive or 
 protect them in their ports, to harbour them in their 
 houfes, pr to aflift them in any manner whatfoever ; 
 but further, they fhall caufe all fuch pirates and lea- 
 rovers, and all perlbns who fhall receive, conceal, or 
 aflift them, to be brought to condign punifhment, for 
 z terror and example to others. And all their fhips, 
 with the- goods or merchandizes taken by them, and 
 brought into the ports of either kingdom, lhall be 
 fcized, as far as they can be difcovered, and fhall be 
 reftored to the owners, or their factors duly authorized 
 or deputed by them in writing, proper evidence be- 
 ing firft given in the court of admiralty, for proving 
 the property, even in cafe fuch effects Ihould have 
 pafled into other hands by fale, if it be proved that 
 the buyers knew, or might have known, that they 
 had been piratically taken. And generally all fhips 
 and merchandizes, of what nature iocver, which may 
 be taken on the high feas, lhall be brought into fome 
 port of either kingdom, and delivered into the cuf- 
 tody of the officers of that port, that they may be re- 
 ftored entire to the true proprietor, as foon as due 
 and fufficient proof Hull have been made concerning 
 the property thereof. 
 
 XL. It fhall be lawful, as well for the fhips of war 
 of their Majeflies, as for privateers belonging to their 
 fubjccts, to carry whithersoever they pleafe the fhips 
 and goods taken f:cm their enemies, without being 
 
 obliged
 
 1787.] WITH FRANCE. 541 
 
 obliged to pay any fee to the officers of the admiralty, 
 or to any judges whatever j nor fhall the faid prizes, 
 when they arrive at and enter the ports of their faid 
 Majefties, be detained or feized; neither fhall the 
 fearchers, or other officers of thofe places, vifit or 
 take cognizance of the validity of fuch prizes ; but 
 they fhall be at liberty to hoift fail at . any time, to 
 depart, and to carry their prizes to the place men- 
 tioned in the commilTions or patents, which the com- 
 manders of fuch fhips of war lhall be obliged to 
 fhew : on, the contrary, no fhelter or refuge fhall be 
 given in their ports to fuch as have made a prize 
 upon the fubjeds of either of their Majefties ; but if 
 forced by ftrefs of weather, or the dangers of the fea, 
 to enter therein, particular care ihail be taken to 
 haften their departure, and to caufe them to retire 
 from thence as foon as pofiible, as far as it is not re- 
 pugnant to former treaties made in this relpett with, 
 other Sovereigns or States. 
 
 XLI. Neither of their faid Majefties fhall permit 
 die fhips or goods belonging to the fubjedls of the 
 other to be taken within cannon-lhot of the coaft, or 
 in the ports or rivers of their dominions, by fhips of 
 war, or others having commiffion from any prince, 
 republic or city whatloever : but in cafe it fhould fo 
 happen, both parties fhall employ their united force 
 to obtain reparation of the damage thereby occa- 
 fioned. 
 
 XLI I. But if it fhall appear that the captor made 
 ufe of any kind of torture upon the matter of the fhip, 
 the crew, or others who fhall be on board any fhip 
 belonging to the fubjecls of the other party, in fuch 
 cafe, not only the fhip itfelf, together with the per- 
 fons, merchandizes, and goods whatfoever, fhall be 
 forthwith releafed, without ony delay, and fet entirely 
 free, but alfo fuch as fhall be convicled of fo enor- 
 mous a crime, together with their accomplices, lhall 
 fuffer the moft fevere puniihment fuitable to their of- 
 fences.
 
 TREATIES [1259 
 
 fences-, this the King of Great Britain and the moft 
 Chriitian King mutually engage fhall be obferved, 
 without any reipect cf perfons whatfoever. 
 
 XLIII. Their Majefties fhall refpectively be at li- 
 berty, for the advantage of their fubjects trading to 
 the kingdoms and dominions cf either of them, to 
 appoint therein national confuls, who ihall enjoy the 
 right, immunity, and liberty belonging to them, by 
 reafon of their duties and their functions ; and places 
 {hall hereafter be agreed upon where the faid confuls 
 fhall be eftablifhed, as well as the nature and extent 
 of their functions. The convention relative to this 
 point Ihall be concluded immediately after the figna- 
 ture of the prefent treaty, of which it Ihall be deemed 
 to conftitute a part. 
 
 XLIV. It is alfo agreed, that in whatever re 1 
 to the lading and unlading of (hips, the faftty of 
 merchandize, goods^ and effects, the fucceflion to per- 
 Ibnal eftates, as well as the protection of individuals, 
 and their per tonal liberty, as alfo the adminiftratjon of 
 juftice, the fubjects of the two high contracting par- 
 ties Ihall enjoy, in their refpective dominions, the fame 
 privileges, liberties, and rights, as the moft favoured 
 nation. 
 
 XLV. If hereafter it Ihall happen, through inadver- 
 tency or otherwiie, that any infractions or contraven- 
 tions of the prefent treaty fhould be committed on 
 either fidej the friendfhip and good underftanding 
 fliall not immediately thereupon be interrupted ; but 
 this treaty fhall fubfift in all its force, and proper re- 
 medies Ihall be procured for removing the inconve- 
 niencies, as likewife for the reparation of the contra- 
 ventions: and if the fubjects of either kingdom Ihall 
 be found guilty thereof, they only fhall be punifhed 
 and fcverely chalbfed. 
 
 XLVI. His Britannic Majefty and his moft Chrif- 
 tian Majefty have referved the right of reviling arid 
 
 re-examining
 
 1787-] WITH FRANCE. 
 
 re-examining the feveral ftipulations of this treaty, 
 after the term of twelve years, to be computed from 
 the day of paffing laws for its execution in Great 
 Britain and Ireland refpec~tively, to propofe and make 
 fuch alterations as the times and circumftances may 
 have rendered proper or neceffary for the commer- 
 cial interefts of their refpeftive fubjecls - s and this re- 
 vifion is to be compleated in the fpace of twelve 
 months ; after which term the prefent treaty lhall be 
 of no effect, but in that event, the good harmony and 
 friendly correfpondence between the two nations lhall 
 not fufFer the leaft diminution. 
 
 XLVII. The prefent treaty ihall be ratified and 
 confirmed by his Britannic Majefty, and by his moft 
 Chriftian Majefty, in two months, or fooner, if it can. 
 be done, after the exchange of fignatures between 
 the Plenipotentiaries. \ 
 
 In witnefs whereof we the undesigned Commif- 
 faries and Plenipotentiaries of the King of Great 
 Britain and the moft Chriftian King, have figned 
 the prefent treaty with our hands, and have fee 
 thereto the feals of our arms. 
 
 Done at Verfailles, the twenty- fixth of September, 
 one thoufand feven hundred and eighty -fix. 
 
 Wm. Eden. (L. S.) Gerard de Rayneval. (L. S.) 
 
 Form of the Pajjports and Sea-Letters which are to bf 
 granted by the refpeffive Admiralties of the Domini- 
 ons of the two high contracting Parties , to the Ships 
 and Veffels Jailing from thence, purfuant to the i^tb 
 Article of the prefent Treaty. 
 
 N. N. T O all who (hall fee thefe prefents, greet- 
 ing. Be it known, that we have granted licence and 
 permiffion to N. of the city (or place) of N.. matter or 
 commander of the fhip N. belonging to N. of the 
 port of N. burthen tons or there- 
 
 abouts, now lying in the port or haven of JV. to fail 
 
 to
 
 $44 TREATIES [125? 
 
 to N. laden with N. the faid fhip having been exami- 
 ned before her departure, in the ufual manner, by the 
 officers of the place appointed for that purpofc. And 
 the faid N. or fuch other perfon as fhall happen to 
 fucceed him, fhall produce this Ikence in every port 
 or haven which he may enter with his ftiip, to the 
 officers of the place* and (hall give a true account to 
 them of what ihall have pafied or happened during 
 his voyage ; and he fhall carry the colours, arms, and 
 enfigns of N. during his voyage* 
 
 In witnefs whereof, we have figned thefe prefents, 
 and fet the feal of our arms thereto, and caufed 
 the fame to be counterfigned by N. at 
 day of in the year, &c. &c. 
 
 following CONVENTION of January 1787 is 
 printed from the copy which was publifhed by 
 authority in 1787.] 
 
 tte Convention between bis Britannic Majefty and 
 the Moft Chriftian King. Signed at Ver failles, the 
 i $tbof January, 1787. 
 
 THE King of Great Britain, and the mofl Chrif- 
 tian King, being willing, in conformity to the 6th 
 and 43d articles of the treaty of navigation and com- 
 merce, figned at Verfailles the 26th of September, 
 1786, to explain and fettle certain points which had 
 been referved, their Britannic and mofl Chriftian 
 Majefties, always difpofcd more particularly to con- 
 firm the good underftanding ih which they are hap- 
 pily united, have named, for that purpofe, their re- 
 fpective Plenipotentiaries, to wit, on the part of his 
 Britannic Majefty, William Eden, Efq; Privy Coun- 
 fellor in Great Britain and Ireland, Member of the 
 Britifh Parliament, and his Envoy Extraordinary and 
 Minifler Plenipotentiary to his moft Chriftian Ma- 
 jefty j and on the part of his moft Chriftian Majefty, 
 the Count dg Vergennes, Minifter and Secretary of 
 
 State
 
 1787.] w T T H F R A K C E. 545 
 
 State for the department of Foreign Affairs, and 
 Chief of the Royal Council of Finances ; who, after 
 having communicated to each other their refpective 
 full powers, have agreed upon the following articles. 
 
 I. Their Majefties having ftipulated, in the 6th 
 article of the faid treaty, " That the duties on hard- 
 " ware, cutlery, cabinet ware, and turneiy, and on all, 
 " works, both heavy and light, of iron, fteel, copper, 
 " and brafs, fhall be clafifed; and that the higheft 
 < c duty fhall not exceed ten per cent, ad valorem," it 
 is agreed, that cabinet ware and turnery, and every 
 thing that is included under thofe denominations, as 
 alfo mufical inftruments, fhall pay ten per cent, ad 
 valorem. 
 
 All articles made of iron or fteel, pure or mixed, 
 or worked or mounted with other fubftances, net ex- 
 ceeding in value fixty livres tfournoisy or fifty (hil- 
 lings per quintal, fliall pay only five per cent, ad va- 
 lorem; and all other wares, as buttons, buckles, 
 knives, fcilTars, and all the different articles included 
 under the defcription of hardware and cutlery, as alfo 
 all other works of iron, fteel, copper, and brafs,, pure 
 or mixed, or worked or mounted with other fub- 
 ftances, fhall pay ten per cent, ad valorem. 
 
 If either of the two Sovereigns Ihould think proper 
 to admit the faid articles, or only fome of them, from 
 any other nation, by reafon of their utility, at a lower 
 duty, the fubjects of the other Sovereign fhall be al- 
 lowed to participate in fuch diminution, in order that 
 no foreign nation may enjoy in this refpect any pre- 
 ference to their difadvantage. 
 
 The works of iron, fteel, copper, and brafs above- 
 mentioned, are not to be underftood to extend to bar 
 iron or pig iron, or in general to any kind of iron, 
 fteel, copper, or brafs, in the ftate of the raw mate- 
 rial. 
 
 II. Their Majefties having alfo ftipulated in the 
 6th article, "That, for the better fecuring the due 
 
 VOL. I. Nn "
 
 546 TREATIES [1259- 
 
 " collection of the duties payable ad valorem, which 
 " are fpecified in the tariff, they will concert \vith 
 a each other the form of the declarations to be made, 
 <c and the proper means of preventing fraud with re- 
 " fpect to the real value of the goods and merchan- 
 " dizes," it is agreed that each declaration fhall be 
 given in writing, figned by the merchant, owner, or 
 factor, who anfwers for the merchandizes at their en- 
 try ; which declaration fhall contain an exact lift of 
 the faid merchandizes, and of their packages, of the 
 marks, numbers, and cyphers, and of the contents 
 of each bale or cafe, and fhall certify that they are 
 of die growth, produce, or manufacture of the king- 
 dom froifi whence they are imported, and fhall alib 
 exprefs the true and real value of the faid merchan- 
 dizes, in order that the duties may be paid in confe- 
 qucnce thereof. That the officers of the cuftom-houfe 
 where the declaration may be made, fhall be at li- 
 berty to make fuch examination as they fhall think 
 proper of the faid merchandizes, upon their being 
 landed, not only for the purpofe of verifying the facls 
 alledged in the faid declaration, that the merchandizes 
 are of the produce of die country therein mentioned, 
 and that the ftatement of their value and quantity is 
 exact, but alfo for that of preventing the clandeftinc 
 introduction of other merchandizes in the fame bales 
 or cafes : Provided, neverthelefs, that fuch examina- 
 tions fhall be made with every poflible attention to the 
 convenience of the traders, and to the prefervation of 
 the faid merchandizes. 
 
 In cafe the officers of die cuftoms fhould not be fa- 
 tisfied with the valuation made of the merchandizes 
 in the faid declaration, they fhall be at liberty, with 
 the confent cf the principal officer of the cuftoms at 
 the port, or of fuch other officer as fhall be appointed 
 for that purpofe, to take the faid merchandizes ac- 
 cording to the valuation made by the declaration, al- 
 lowing to the merchant or owner an overplus of ten 
 per cent, and refunding to him the duties he may 
 
 have
 
 WITH FRANCE. 547 
 
 have paid for the faid merchandizes. In which cafe, 
 the whole amount fhall be paid without delay, by the 
 cuftom-houfe of the port, if the value of the effects in 
 queftion fhall not exceed four hundred and eighty 
 'livres Tournois; or twenty pounds fterling ; and within 
 fifteen days, at lateft, if their value lhall exceed that 
 fum. 
 
 And if doubts fhould happen to arife, either re- 
 fpecting the value of the faid merchandizes, or the 
 country of which they are the produce, the officers of 
 the cuftoms at the port fhall come to a determination 
 thereupon, with all poflible difpatch, and no greater 
 fp^ce of time fhall be employed for that purpofe, in 
 any cafe, than eight days, in the ports where the offi- 
 cers who have the principal direction of the cuftoms 
 refide, and fifteen days in any other port whatfoever. 
 
 It is fuppofed and underftcod, that the merchan- 
 dizes admitted by the prefent treaty fhall be refpec- 
 tively of the .growth; produce, or manufacture of the 
 dominions of the two Sovereigns in Europe. 
 
 To oblige the traders to be accurate in the declara- 
 tions required by the prefent article, as alfo to pre- 
 vent any doubt that might arife on that part of the 
 tenth article of the faid treaty, which, provides, that 
 if any of the effects are omitted in the declaration de- 
 livered by the matter of the fhip, they fhall not be 
 liable to confifcation, unlefs thre be a manifeft ap- 
 pearance of fraud ; it is underftood thai, in fuch cafe, 
 the faid effects fhall be confifcated, tinlefs fatisfactory 
 proof be given to the officers of the cuftoms that there 
 was not any intention of fraud. 
 
 III. In order to prevent the introduction of calli- 
 coes, manufactured in the Eaft Indies, or in other 
 countries, as if they had been manufactured in the re- 
 fpective dominions of the two Sovereigns in Europe, 
 it is agreed, that the callicoes manufactured in the 
 faid dominions for exportation from one country to 
 the other refpectively, fhall have at the two ends of 
 each piece a particular maik, woven in the piece, to 
 N n 2 be
 
 548 T R E A TIES [1259 
 
 be fettled in conceit by the two governments, of which 
 mark the refpedbive governments fhall give nine 
 months previous notice to the manufacturers ; and the 
 faid mark fhall be altered from time to time, as the 
 cafe may require. It is further agreed, that until the 
 faid precaution can be put in execution, the faid cal- 
 licoes mutually exported, fhall be accompanied by a 
 certificate of the officers of the cuftoms, or of fuch 
 other officer as fhall be appointed for that purpofe> 
 declaring that they were fabricated in the country from 
 whence they were exported, and alfo that they are 
 furnifhcd with the marks already prefcribed in the re- 
 fpective countries, to diftinguifh fuch callicocs from 
 thofe which come from other countries. 
 
 IV. In fettling the duties upon cambricks and 
 lawns, it is underltood that the breadth fhould not ex- 
 ceed, for the cambricks, fcven- eighths of a yard, Eng- 
 lifh meafure (about three quarters of an ell of France) 
 and for the lawns, one yard and a quarter, Englifh 
 meafure (one ell of France) and if any fhall hereafter 
 be made of a greater breadth than what is above- 
 mentioned, they fhafl pay a duty of ten per cent, ad 
 valorem. 
 
 V. It is alfo agreed, that the ftipulations in the 
 1 8th article of the treaty fhall not be conftrued to de- 
 rogate from the privileges, regulations, and ufages al- 
 ready eftablifhed in the cities or ports of the rcfpec- 
 tivc dominions of the two Sovereigns : and further, 
 that the 25th article of the faid treaty fhall be con- 
 ftrued to relate only to fhips fufpefted of carrying, in 
 time of war, to the enemies of either of the high con- 
 tracting parties, any prohibited articles, denominated 
 contraband ; and the faid article is not to hinder the 
 examinations of the officers of the cuftoms, for the 
 purpofe of preventing illicit trade in the refpeftive do- 
 minions. 
 
 VI. Their Majefties having ftipulated, by the 4jJ 
 article of the faid treaty, that the nature and extent of 
 
 I the
 
 1787.] WITH FRANCE. 549- 
 
 the functions of the confuls fhould be determined, 
 " and that a convention relative to this point fhould 
 " be concluded immediately after the fignature of the 
 " prefent treaty, of which it fhould be deemed to 
 " conftitute a part," it is agreed that the faid ulterior 
 convention fhall be fettled within the fpace of two 
 months, and that, in the mean time, the confuls ge * 
 heral, confuls, and vice confuls, fhall conform to the 
 ufages which are now obferved, relative to the conful- 
 fhip, in the refpective dominions of the two Sove- 
 reigns ; and that they fhall enjoy all the privileges, 
 rights, and immunities belonging to their office, and 
 which are allowed to the confuls general, confuls, 
 and vice confuls of the moft favoured nation. 
 
 VII. It fhall be lawful for the fubjects of his Bri- 
 tannic Majefty to profecute their debtors in France, 
 for the recovery of debts contracted in the dominions 
 of his faid Pvjajefty, or elfewhere, in Europe, and 
 there to bring actions againft them, in conformity to 
 the practice of law in ufe in the kingdom : provided 
 that there fhall be the like u&ge, in favour of French 
 fubjects, in the European dominions, of his Britannic 
 Majefty. 
 
 VIII. The articles of the prefent convention fhall 
 be ratified and confirmed by his Britannic Majefty, 
 and by his moft Chriftian Majefty, in one month, or. 
 fooner, if it can be done, after the exchange of fig- 
 natures between the Plenipotentiaries. 
 
 Jn witnefs whereof, we the Minifters Plenipotentiary 
 have figned the prefent convention, and have 
 caufed the feals of our arms to be fet thereto. 
 
 Done at Verfailles, the fifteenth of January, one 
 thoufand feven hundred and eighty-feven. 
 
 Ww. Eden. (L. S.) Gravier de Vergennes. (L. S.) 
 N n 3 [The
 
 550 TREATIES [1259 
 
 [The following CONVENTION, of Auguft 1787, is 
 printed from the copy, which was publifhed by au- 
 thority, in 1787.] 
 
 *Tbe Convention between bis Britannic Majejty and tie 
 Moft Chriftian King. Signed at Yerfailles, the 31^ 
 c/Auguft, 1787. 
 
 DIFFICULTIES having arifen in the Eaft In- 
 dies, relative to the meaning and extent of the thir- 
 teenth article of the treaty of peace, figned at Ver- 
 failles the third of September, one thoufand feven 
 hundred and eighty- three, his Britannic Majefty an4 
 liis moft Chriftian Majefty, with a view to remove 
 every caufe of difpute between their refpeftive fub- 
 je<5ts in that part of the world, have thought proper to 
 make a particular convention, which may ferve as an 
 explanation of the thirteenth article above-mentioned : 
 in this view, their faid Majefties have named fi ;r their 
 refpcftive Plenipotentiaries, to wit, on the part of his 
 Britannic Majefty, William Eden, Efqi Privy Coun- 
 fellor in Great Britain and Ireland, Member of the 
 Britifh Parliament, and his Envoy Extraordinary and 
 Minifter Plenipotentiary to his moft Chriftian Ma- 
 jefty ; and on the part of his mcft Chriftian Majefty, 
 the Sieur Armand Mark, Count de Montmorin de St.' 
 Herem, Marfhal of his Camps and Forces, Counkl- 
 lor in all his Councils, Knight of his Orders, and of 
 the Golden Fleece, Minifter and Secretary of State, 
 and of his Commands and Finances, having the de- 
 partment of foreign affairs ; who, after having com- 
 municated to each other their refpeftive full powers, 
 have agreed upon the following articles. 
 
 I. His Britannic Majefty again engages "to take 
 " fuch meafures as lhall be in his power for fecuring 
 " to the fubjeifb of France a fafe, free, and independ- 
 " ant trade, fuck as was carried on by the French Eaft 
 * f India Company," and as is explained in the follow- 
 ing articles, " whether they exercife it individually, or 
 " as a company," as welfin the Nabobfhip of Arcot, 
 *nd tiie countries of Madura and Tanjore, as in the 
 
 provinces
 
 1787.] WITH FRANCE. 551 
 
 provinces of Bengal, Bahar, and Orixa, the Northern 
 Circars, and in general in all the Britiih pofTeffions on 
 the coafts of Orixa, Coroniandel, and Malabar. 
 
 II. In order to prevent all abufes and difpiites rela- 
 tive to the importation of fait, it is agreed that the 
 French fliall not import annually into Bengal more 
 than two hundred thoufand maunds of fait : the faid 
 fait fhall be delivered at a place of depofit appointed 
 for that purpofe by the government of Bengal, and to 
 officers of the faid government, at the fixed price of 
 one hundred and twenty rupees for every hundred 
 maunds. 
 
 III. There fhall be delivered annually for the 
 French commerce, upon the demand of the French 
 agent in Bengal, eighteen thoufand maunds of falt- 
 petre, and three hundred chefts of opium, at the price 
 eftablifhed before the late war. 
 
 IV. The fix antient factories, namely, Chanderna- 
 gore, Coffimbuzar, Dacca, Jugdea, Balafore, and Pat- 
 na, with the territories belonging to the laid factories, 
 fhall be under the protedion of the French flag, and 
 fubjed to the French jurifdidion. 
 
 V. France fhall alfo have poffeflion of the ancient 
 houfes of Soopore, Keerpoy, Cannicole, Mohunpore, 
 Serampore, and Chittagong, as well as the dependen- 
 cies on Soopore, viz. Gautjurat, Allende, Chintzabad, 
 Patorcha, Monepcre, and Dolobody ; and lhall fur- 
 ther have the faculty of eftablifhing new houfes of 
 commerce ; but none of the faid houfes fhall have any 
 jurifdidion, or any exemption from the ordinary juf- 
 nce of the country exercifed over Britifh fubjeds. 
 
 VI. His Britannic Majefty engages to take mea- 
 fures to fecure to French' fubjeds without the limits 
 of the ancient factories above-mentioned,^ an exact 
 and impartial adminiftration of juftice, in all matters 
 concerning their perfons or properties, or the carry- 
 ing on their trade, in the fame manner and as effec- 
 tually as to his own fubjeds. 
 
 N n 4 VII. AU
 
 552 TREATIES [1259 
 
 VII. All Europeans, as well as natives, againft 
 whom judicial proceedings fhall be inftituted, within 
 the limits of the ancient factories above-mentioned, 
 for offences committed, or debts contracted, within 
 the faid limits, and who (hall take refuge out of the 
 fame, fhall be delivered up to the chiefs of the faid 
 factories : and all Europeans, or others whofoever, 
 againft whom judicial proceedings fhall be inftituted, 
 without the laid limits, and who fhall take refuge 
 within the fame, fhall be delivered up by the chiefs of 
 the faid factories, upon demand being made of them 
 by the government of the country. 
 
 VIII. All the fubjedts of either nation refpectively, 
 who fhall take refuge within the factories of the other, 
 fhall be delivered up on each fide, upon demand be- 
 ing made of them. 
 
 IX. The factory of Yanam, with its dependencies, 
 having, in purfuance of the faid treaty of peace, brcn 
 
 ,-red up by Mr. William Hamilton, on the part 
 of his Britannic Majefty, to Mr. Peter Paul Martin, 
 on the part of his moft Chriftian Majefty, the refli- 
 tution thereof is confirmed by the prefent convention, 
 in the terms of the inftrument bearing date the feventh 
 of March, one thoufand 'feven hundred and eighty - 
 five, and figned by MefTrs. Hamilton and Martin. 
 
 X. The prefent convention fhall be ratified and 
 confirmed in the fpace of three months, or fooner, if 
 it can be done, after the exchange of fignatures be- 
 tween the Plenipotentiaries. 
 
 In witnefs whereof, we, Minifters Plenipotentiary, 
 have figned the prefent convention, and have 
 caufed the feals of our arms to be affixed 
 thereto. 
 
 Done at Verfailles, the thirty-firft of Auguft, one 
 thoufand feven hundred and eighty-feven. 
 
 Wm. Eden. (L. S.) Le C" de Montiricrin. (L. S.) 
 
 The
 
 1787.] WITH FRANCE. $<?3 
 
 The SUPPLEMENT to the Treaties with 
 FRANCE. 
 
 [The following is the FAMILY COMPACT, which is re* 
 ferred to in the Commercial Treaty 1786, between 
 Great Britain and France.] 
 
 fhe Family Compatt of the Houje of Bourbon ; figned at 
 Paris, Augufl i$th, 1761. 
 
 I N the name of the moft holy and indivifible Tri- 
 nity, Father, Son, and Holy Ghoft. Amen. The 
 ties of blood, which unite the two monarchs now 
 reigning in France and 'Spain, and the particular fen- 
 timents which have animated each other, of which 
 they have given fo many proofs, have engaged their 
 moft Chriftian and Catholic Majefties to form, and 
 conclude between them, a treaty of friendfhip and 
 union, under the title of The Family Compact j the 
 principal object of which is to render permanent and 
 indivifible, as well for their faid Majefties, as for their 
 defcendants and fucceflbrs, thofe duties which are the 
 natural confequences of confanguinity and friendfhip. 
 The intention of their moft Chriftian and Catholic 
 Majefties, in contracting the engagements formed by 
 this treaty, is to perpetuate in their pofterity the fen- 
 timents of Lewis XIV. of glorious memory, their 
 common and auguft great grandfather ; and to pre- 
 ferve for ever a folemn monument of their reciprocal 
 intereft, which ought to be the foundation of the 
 views of their courts, and of the profperity of their 
 royal families. 
 
 With this view, and to attain fo agreeable and fa- 
 lutary an end, their moft Chriftian and Catholic Ma- 
 jefties have given their full powers, i. e. his moft 
 Chriftian Majefty, to the Duke de Choifeul, a Peer of 
 France, Knight of his Orders, and Lieutenant Gene- 
 ral of his Majefty's armies, Governor of Touraine, 
 High Steward and Superintendent General, and Se- 
 cretary
 
 554 T R E A T I E S [17 
 
 cretary of State in the department of War and Fo- 
 reign Affairs; and his Catholic Majefty, to the Mar- 
 quis of Grimaldi, Gentleman of - his Bed-chamber, 
 and his Ambaflador Extraordinary to his moft Chrif- 
 jtian Majefty ; who, being informed of die difpofiticMis 
 of their refpective Sovereigns, and after having com- 
 municated their credentials to each other, have a^icui 
 to the following articles: 
 
 I. Their moft Chriftian and Catholic Majeflic c de- 
 clare, that in confequence of their intimate tics of con- 
 fanguinity and friendfhip, and the union thev 
 
 by the prefent treaty, the two Crowns will hereafter 
 confider every Power as their common enemy who 
 fhall become fuch to either of them. 
 
 II. The two contracting Kings reciprocally gua- 
 ranty, in the moft ablblute and authentic mannc 
 
 the eftates, lands, iflands, and places which they pof- 
 fefs in any part of the world whatever, without 
 referve or exception ; and the poffefiions, the c 
 of their guaranty, fhall be fixed according to th 
 tual ftate in which they fhall be found, as loon as ei- 
 ther of the two Crowns mail be at peace with all other 
 Powers 
 
 III. Their moft Chriftian and Catholic Majdlies 
 grant the fame abfolute and authentic guaranty to the 
 King of the Two Sicilies, and to the Infant Don Phi- 
 lip, Duke of Parma, for aU the eftates, territories, 
 and places which they poflefs j provided that his Si- 
 cilian Majefty, and the laid Infant Duke of Parma, alfo 
 guaranty, on their part, all the eftates and poffeflions 
 of their moft Chriftian and Catholic Majefties. 
 
 IV. Though the inviolable ind mutual guaranty, to 
 which their moft Chriftian and Catholic Majefties bind 
 themfelves, ought to be fupported with all their 
 power, and though their Majefties thus underftand it, 
 according to the fundamental principles of this treaty, 
 that whoever attacks one crown, attach the other, yet 
 the two contracting parties have thought it proper to 
 
 aiccrtain
 
 S 7 .] w* T FRANCE. 555 
 
 afcertain the firft fuccours, which the Power requeftecl 
 ill all be obliged to furnifh to the Power requefting. 
 
 V. The two Kings have agreed, that the crowij 
 requefted to furnifh fuccours fhall, within three months 
 after fuch requifition, have twelve fhips of the- line, 
 and fix armed frigates, in one or more- of its ports, ac 
 the entire difpofition of the requeuing court. ' 
 
 VI. The Power requefted mail have ready, withia 
 the fpace of three months, at the difpcfition of the 
 Power reqnefting, 18,000 foot, and 6,oco horfe, if 
 France (hall be the Power requefted ; and if Spain 
 be the Power requefted, 10,000 foot, and 2,000 
 horfe. In this difference of number, attention muft 
 be paid to the greater number of forces actually kept 
 on foot in France than in Spain ; but if it fhould at 
 any time fo happen, that the number of forces kept on 
 foot by them fhall be equal, then the obligation fhall 
 alfo be equal to furnifh reciprocally the fame number. 
 The Power requefted engages to affemble the ftipu- 
 lated fuccours, and to place them in fuch iituations 
 (without immediate marching them out of the king- 
 dom) as the party requefting fhall appoint, in order 
 that they may "be the more readily employed in the 
 fer vices for which the faid troops were demanded j and 
 When, to gain fuch place of deftination, a paffage by 
 fea, or marches by land, may be neceffary, the expences 
 thereof fhall be borne by the Power requefted, to 
 whom the faid fuccours properly belong. 
 
 VII. As to what regards the difference in the faid 
 number of troops to be furniflied, his Catholic Ma- 
 jefty excepts the cafe wherein they may be found ne- 
 ceflary to defend the pofTefTions of the King of the 
 Two Sicilies, his Ton, or thofe of the Infant Duke of 
 Parma, his brother ; fo that freely acknowledging the 
 preference, which the ties of blood and kindred impofe 
 on him, then the Catholic King, in thofe two circum- 
 fiances, promifes-to furnifh the fuccours of 18,000 
 foot and 6,000 horfe, and even to employ all his forces, 
 without claiming of his moft Chriftian Majefty any 
 
 more
 
 556 TREATIES [17 
 
 more than the number of troops above fpecified, and 
 fuch other efforts as his tender friendfhip for the 
 Princes of his own blood may induce him to exert in 
 their favour. 
 
 VIII. His moft Chriftian Majefty excepts alfo, on 
 his part, the wars he may engage in, either as princi- 
 pal or auxiliary, in confequence of the engagements 
 he has contracted by the treaty of Weflphalia, and 
 other alliances with the German and other Northern 
 Powers } and, ccnfidcring that the faid wars can in no 
 manner interfere with the crown of Spain, his moll 
 Chriftian Majefty promifes not to demand any aflift- 
 ance from his Catholic Majefty, unlefs fome ma- 
 ritime Powers fhould take part in the faid wars, or 
 that the event mould be fo unfavourable to France, 
 that fhe fhould be attacked by land in her own terri- 
 tories; then, in this laft cafe, his Catholic Majefty 
 promifes to furnifh his moft Chriftian Majefty, with- 
 out any exception, not only with the faid 10,000 foot 
 and 2,000 horfe, but even, in cafe of neceflity, with 
 1 8,000 foot and 6,000 horfe, being the number fti- 
 pulated to be furnifhed for the life of the Catholic 
 King, by his moft Chriftian Majefty j his Catholic 
 Majefty engaging, in fuch cafe, to pay no regard to 
 the disproportion between the land forces of France 
 and thofe of Spain. 
 
 IX. The requefting Power ftiall be permitted to 
 fend one or more commilTaries, chofen from among 
 their own fubjects, in order to aflfure themfelves, that 
 the Power requefted has collected, within the three 
 months from the time of requifition, in one or more 
 of their ports, twelve fhips of the line and fix armed 
 frigates, as well as the ftipulated number of land 
 forces, ready to march. 
 
 X. The faid fhips, frigates, and troops, fhall act 
 agreeably to the will of the Power that fhall have oc- 
 cafion for and demand them ; and the Power re- 
 quefted fhall be allowed to make no more than one 
 
 reprefentation
 
 gy/] WITH FRANCE. .557 
 
 reprefentation concerning the motives or objects to 
 which the laid land and fea forces are deilined. 
 
 XI. What is above agreed upon {hall immediately 
 take place, as often as the requefting Power fhall de- 
 mand fuccours for any offenfive or defenfive enterprize, 
 either by land or fea, and it muft be underftood in fuch 
 cafe, that the fhips and frigates cf the requefted Power 
 fhall be collected in fome port of its dominions, fmce 
 it fhall then be fufficient that the land and fea forces 
 are in readinefs in thofe ports of their kingdoms which 
 fhall be appointed by the requefting Power, as moft 
 convenient to its intentions. 
 
 XII. The demand which one of the two Sovereigns 
 fhall make of the other, for the fuccours ftipulated by 
 the prefent treaty, fhall be fufficient to conftitute the 
 neceflity of one party, and the obligation of the other 
 to furnifh the faid fuccours, without being obliged to 
 enter into any explication whatever, nor, under any pre- 
 tence, to elude the moft ipeedy and perfect execution 
 of this engagement. 
 
 XIII. In confequence of the preceding article, no 
 difcufilon of the offenfive or defenfive cafe fhall take 
 place, with refpect to furnifhing the twelve fhips, the 
 fix frigates, and the land troops, fmce thofe forces are 
 to be confidered, in all points, three months after the 
 requifition, as properly belonging to the Power that 
 fhall requeft them. 
 
 XIV. The Power that fhall furniili thefe fuccours, 
 whether in fhips and frigates, or in troops, fhall pay 
 them, wherever its ally fhall call them to act, as if thofe 
 forces were directly employed in their own fervice,- 
 and the requefting Power fhall be obliged, whether 
 the faid fhips, frigates, or troops remain a fhort or 
 long time in their ports, to fupply them with every 
 thing necefTary, at the fame price as if they properly 
 belonged to them, and to allow them the fame pre- 
 rogatives and privileges as their own troops enjoy. It 
 is agreed, that in no cafe the faid fhips or troops fhall 
 
 be
 
 $ 5 8 TREATIES [17 
 
 be at the expence of the Power to whom they are 
 fent, and that they lhall be at their difpofition during 
 the war in which they (hall be employed. 
 
 XV. Their moft Chriftian and Catholic Majellies 
 oblige themlelves to keep compleat and well armed 
 the fhips, frigates, and troops which their Majefties 
 fhall reciprocally furnilh, fo that, as foon as the Power 
 requefted fhall ilirnifh the fuccours ftipulated by the 
 fifth and fixth articles of the prcfent treaty, fuch Power 
 fhall arm in its ports a number of fhips, fufficient 
 immediately to replace fuch as may be loft by the 
 events of war or the dangers of the fca ; the fame 
 Power fhall be equally prepared to recruit and make 
 the neceflary reparations in the land troops it fhall 
 furnifh. 
 
 XVI. The fuccours ftipulated in the preceding ar- 
 ticles, according to the time and manner fpecified,- 
 fhould be confidered as an obligation of the ties of 
 blood and friendfhip, and as an intimate union, which 
 the two contracting Monarchs defire to perpetuate 
 among their defendants ; and thefe ftipulated fuc- 
 cours ilull be the leaft which the Power requdUd 
 fhall give to the other in cafe of neceflity: but, as the 
 intention of tin: two Kings is, that a war, beginning 
 by or againft one of the two Crowns, ought to intereft 
 the other, it is agreed, that when the two Kings fhall 
 find themielves engaged in a war againft the fame 
 enemy or enemies, the obligation of the faid ftipu- 
 lated fuccours fhall ceafe, and inftcad thereof the two 
 Crowns oblige themfelves to make war conjointly, and 
 to employ all their forces therein ; and for this purpofe, 
 the two high contracting parties will then enter into 
 particular agreements, relative to the circumftances of 
 the war in which they fhall find themfelves engaged ; 
 they will reciprocally join in their efforts and refpe&ive 
 advantages, as alfo in their plans and military and 
 political operations ; and, thefe agreements being made, 
 the two Kings will conjointly execute them with one 
 common and perfect accord. 
 
 XVII. Their
 
 8 7 /] WITH FRANCE. 559 
 
 XVII. Their moft Chriftian and Catholic Majefties 
 engage and promife, in cafe they (hall find themielves 
 engaged in a war, neither to liften to nor make any 
 propofitions of peace, neither to treat nor conclude any 
 thing with their enemy or enemies, but by mutual and 
 common confent and agreement, and reciprocally to 
 communicate every thing that fhall come to their 
 knowledge, interesting to the two Crowns, and in par- 
 ticular on the terms of peace; fo that in war as in 
 peace, each of the two Crowns fhall regard as his own 
 intereft that of his ally. 
 
 XVIII. In conformity to this principle, and the en- 
 gagement contracted in confequence thereof, their moft 
 Chriftian and Catholic Majefties have agreed, that when 
 they fhall terminate by peace the war they lhall have 
 flipported in common, they will balance the advan- 
 tages which one cf the two Powers may have received, 
 againft the lofles of the other ; fo that, on the condi- 
 tions of peace, as in the operations of war, ,tjie two 
 Monarchs of France and Spain, throughout the extent 
 of their Empire, fhall be confidered, and will act, as 
 if they formed but one and the fame Power. 
 
 XIX. The King of the Two Sicilies, having the 
 fame ties of blood* and friendfhip, and the fame in- 
 terefts, which intimately unite their moft Chriftian and , 
 Catholic Majefties, his Catholic Majefty ftipulates for 
 the King of the Two Sicilies, his fon, and obliges 
 himfelf to make him ratify, as well for himfelf, as hi$ 
 descendants for ever, all the articles of the prefent 
 treaty; and, as to what regards the proportion of fuc- 
 cours to be furnifhed by his Sicilian Majefty> they 
 fhall be fettled in his aft of acceflion to the faid treaty, 
 
 , according to the extent of his power. 
 
 XX. Their moft Chriftian, Catholic, and Sicilian 
 Majefties engage, not only to concur in the mainte- 
 nance and fplendor of their kingdoms, in their prefent 
 ftate, but alio to fupport, on every occafion whatever, 
 the dignity and rights of their Houfes; fo that each 
 Prince, who fhall have the honour to defcend from the 
 
 x fame
 
 560 TREATIES [17 
 
 fame blood, may be afTured at all times of the protec- 
 tion and afliftance of three Crowns. 
 
 XXI. The prefent treaty being to be confidered, 
 as hath been already announced in the preamble, as a 
 Family Cotnpaff between all the branches of the auguft 
 Houfe of Bourbon, no other Power, but thofc of that 
 Houfe, can be invited or admitted to accede thereto. 
 
 XXII. The ftricl: friendlhip which unices the con- 
 tracting Monarchs, and the engagements they take by 
 this treaty, determine them alfo to ftipulate, that their 
 dominions and refpe&ive fubjedts fhall partake of the 
 advantages, and of the union eftablilhed between 
 thofe Sovereigns ; and their Majefties promife not to 
 fuffer, in any cafe, nor under any pretence whatever, 
 their faid fubjefb to do or undertake any thing con- 
 trary to that perfect correfpondence which ought invi- 
 olably to fubfift between the three Crowns. 
 
 XXIII. The more effectually to preferve this har- 
 mony, and thefe reciprocal advantages between the 
 fubje&s of the two Crowns, it is agreed, that the Spa- 
 niards fhall no longer be confidered as foreigners in 
 France ; and confequently his moft Chriftian Majefty 
 engages to abolifh, in their favour, the right of efcheat- 
 age, fo that they may difpofe by will, donations, or 
 otherwife, of all their effects, without exception, of 
 what nature foevcr, which they pofTefs in his kingdom^ 
 and which their heirs, fubjefts of his Catholic Majefty, 
 rcfident in France or elfewhere, (hall have power to 
 receive as their inheritance, even where no will is made, 
 either by themfelves, their attornies, or particular order 
 (though they may not have obtained letters of natu~ 
 ralization) and convey them out of his moft Chriftian 
 .Majefty's dominions, notwithftanding all the laws, 
 edicts, ftatutes, cuftoms, or rights to the contrary, 
 which his moft Chriftian Majefty hereby annuls, as far 
 as is necefiary. His Catholic Majefty engages, on hi? 
 part, to grant the lame privileges, and in the fame 
 
 manner.
 
 S 7 .] WITH FRANCE. 561 
 
 manner, in every part of his dominions in Europe, to 
 all the French fubjecls of his moft Chriftian Majefty, 
 with refpect to the free difpofad of the effects they 
 fhall poflefs in any part of the Spanilh monarchy ; fo 
 that the fubjects of the two crowns fhall be generally 
 treated (in what regards this article) in both domi- 
 nions, as the proper and natural fubjects of the Power 
 in whofe territories they refide. Every thing above- 
 faid, refpecting the abolition of the right of efcheat- 
 age, and the advantages which the French are to enjoy 
 in the Spanifh dominions in Europe, and the Spa- 
 niards in France, is granted to the fubjects of the King 
 of the Two Sicilies, who fhall be comprifed under the 
 fame condition in this article i and'the fubjects of their 
 moft Chriftian and Catholic Majefties fhall reciprocally 
 enjoy the fame exemption and advantages in the do-* 
 minions of his Sicilian Majefty. 
 
 XXIV. The fubjects of the high contracting par- 
 ties fhall be treated, with reipect to commerce and 
 duties, in each of the two kingdoms in Europe, as the 
 proper fubjects of the country in which they live or 
 refort to j fo that the Spanifh flag fhall enjoy in France 
 the fame rights and prerogatives as the French flag ; 
 and, in like manner, the French flag fhali be treated 
 in Spain with the fame favour as the Spanifh 'flag. 
 The fubjedts of the two monarchies, in declaring their 
 merchandizes, fhall pay the fame duties as fhall be 
 paid by the natives. The importation and exportation 
 fhall be equally free to them as to the natural fubjech; 
 neither fhall they pay any other duty than what fhall 
 be received from the natural fubjecls of the Sove- 
 reign, nor any goods be liable to confifcation, but fuch 
 as are prohibited to the natives themfelves; and as to 
 what concerns thefe objects, all interior treaties, con- 
 ventions, or engagements between the two monarchies^ 
 are hereby abolifhed. And farther, that no other fo- 
 reign Power fhall enjoy in Spain, any more than in 
 France, any privileges more advantageous than thofe 
 of the two nations 3 the fame rules fhall be obferved 
 
 VOL. I. O o la
 
 5 a T R E A T I K S [17 
 
 in both France ar.d Spain, with regard to the flag 
 me! fubjects of the King of the Two Sicilies j and his 
 Sicilian Majefty fhall reciprocally caufe to be obferved 
 the fame, with refpect to the flag and fubjects of the 
 Crowns of France and Spain. 
 
 XXV. If the high contracting parties fhall here- 
 after conclude a treaty of commerce with other Powers, 
 and grant them, or have already granted them, in their 
 ports or dominions, the treatment granted to the moft 
 favoured nation, notice fhall be given to the faid 
 Powers, that the treatment of Spaniards in France, and 
 in the Two Sicilies, of Frenchmen in Spain, and in 
 like manner in the Two Sicilies, and of Neapolitans 
 and Sicilians in France and Spain, upon the fame foot- 
 ing, is excepted in that refpect, and ought not to be 
 quoted, or ferve as an example, their~ moft Chrif- 
 tian, Catholic, and Sicilian Majefties being unwilling 
 that any other nation fhould partake of thofe privileges 
 which they judged convenient for the reciprocal enjoy- 
 ment of their relpectivc fubjects. 
 
 XXVI. The high contracting parties will recipro- 
 cally confide in all the alliances which they fhall here- 
 after form, and the negotiations they fhall engage in, 
 efpecially fuch as fhall have any influence on their 
 common interefts; and, confequently, their moft Chrif- 
 tian, Catholic, and Sicilian Majefties will order all 
 their refpective minifters, that they endeavour, in the 
 other courts of Europe, to maintain among them- 
 fdves the moft perfect harmony and entire confidence, 
 that every ftep taken in the name of either of the three 
 Crowns, may tend to their glory and common advan- 
 tages, and be a conftant pledge of the intimacy which 
 their laid Majefties would for ever eftablifh among 
 them. 
 
 XXVII. The delicate object of precedence in pub- 
 lic acts, employments, and ceremonies, is often an 
 obftacle to good harmony and the intimate confidence 
 which ought to be fupported between the refpective 
 
 Minifters
 
 8 7 .] WITH FRANCE. 563 
 
 Minifters of France and Spain, becaufe fuch conten- 
 tions, whatever method may be taken to flop them, 
 indifpofe the mind. Thefe naturally arofe when the 
 two Crowns belonged to Princes of two different 
 Houfes j but now (and at all times hereafter) and as 
 long as Providence has determined to maintain on the 
 two thrones Sovereigns of the fame Houfe, it is not 
 agreeable that there fhould fubfift between them a 
 continual occafion for altercation and difcontent; their 
 moft Chriftian and Catholic Majefties have therefore 
 agreed entirely to remove that occafion, in determin- 
 ing, as an invariable rule to their Minifters, inverted 
 with the fame character in foreign courts, as well as 
 in thofe of the family (for fuch now certainly are thole 
 of Naples and Parma) that the Minifters of the chief 
 Monarch of the Houfe fhall always have the prece- 
 dence in every act, employment, or ceremony what- 
 ever, which precedence fhall be regarded as the con- 
 fequence of the advantage of birth; and that, in all 
 other courts, the Minifter (whether of France or 
 Spain) who fhall laft arrive, or whofe refidence fhall 
 be more recent, fhall give place to the Minifter of the 
 other Crown, and of the fame character, who fhall 
 have arrived firft, or whofe refidence fhall have been 
 prior, fo that henceforth, in that refpect, there will be 
 a certain and brotherly alternative, to which no other 
 Power can be fubject, nor fhall be admitted, feeing 
 that this arrangement, which is equally a confequence 
 of the prefent Family CompaR, would ceafe, if the 
 Princes of the fame Houfe no longer filled the thrones 
 of the two monarchies, and that then each Crown 
 would refume its rights or pretenfions to precedence. 
 It is agreed alfo, that if, by accident, the Minifters of 
 the two Crowns fhould arrive precifely at the fame 
 time in any other court than that of the family, the 
 Minifter of the Sovereign chief of the Houfe fhall 
 take place of the Minifter of the Sovereign who is a 
 junior of the fame Houfe* 
 
 XXVIII. The
 
 564 TREATIES, [1787. 
 
 XX VIIT. The prefent treaty, or family compact, fhall 
 be ratified, and the ratification exchanged within the 
 fpace of one month, or fooner if may be, to be reckoned 
 from the day of the figning of the faid treaty. 
 
 In witnefs whereof, we, the underfignej Minifters 
 Plenipotentiary for their mod Chrifhan and Ca- 
 tholit MijeiVies, by virtue of full powers, have 
 hereunto fixed our hands and feals. 
 
 Given at Paris, Auguft 15, 1761. 
 
 (Signed) We Duke de ChifntL 
 
 THI END OF THE FIRST VOLUME*
 
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