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A32165 Articles of alliance and commerce between the most serene and potent prince Charles II, by the grace of God king of Great Britain, France and Ireland, defender of the faith &c., and the most serene and potent prince Christian V, by the grace of God king of Denmark, Norway &c. / concluded at Copenhagen the 11th day of July, 1670.; Treaties, etc. Denmark, 1670 July 11. English. England and Wales.; Charles II, King of England, 1630-1685.; Christian V, King of Denmark and Norway, 1646-1699.; Denmark. Treaties, etc. England and Wales, 1690 July 11. English. 1672 (1672) Wing C2892; ESTC R43087 12,829 31

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ARTICLES OF ALLIANCE and COMMERCE Between The most Serene and Potent PRINCE CHARLES II. By the Grace of God King of Great Britain France and Ireland Defender of the Faith c. AND THE Most Serene and Potent Prince CHRISTIAN V. By the Grace of God King of Denmark Norway c. Concluded at Copenhagen the 11 th day of July 1670. Published by His Majesties Command In the SAVOY Printed by the Assigns of John Bill and Christopher Barker Printers to the Kings most Excellent Majesty 1671 2. Articles of Alliance and Commerce between the Most Serene and Potent Prince Charles the Second By the Grace of God King of Great Britain France and Ireland Defender of the Faith c. and the Most Serene and Potent Prince Christian the Fifth by the Grace of God King of Denmak Norway c. Concluded at Copenhagen the 11 th day of July 1670. I. THat there be between the two Kings their Heirs and Successors As also their Kingdoms Principalities Provinces Estates Counties Islands Cities Subjects and Vassals of what condition dignity and degree soever by Land and Sea in Rivers Fresh Waters and all places whatsoever as well in Europe as out of Europe now and for the time to come a sincere true and perfect friendship Peace and Confederation So as that neither party do any wrong injury or prejudice to the Kingdoms Principalities Provinces and Estates or to the inhabitants and Subjects of the other nor suffer any to be done by others as much as in him is But rather live as friends together using each other with good will and respect And promoting upon all occasions the interests and advantages of each other and their subjects as if they were their own And Preventing and hindring with all their power by their Assistance and Advice any damage wrong and injury that may be offered them II. Neither of the foresaid Kings and their Heirs shall consent to any thing that may be to the prejudice or detriment of his Allie but if either of the Kings shall know that any thing is proposed or is in agitation or contrivance or that will be proposed agitated or contrived which may tend to the detriment of the other He shall be obliged to signify the same unto Him without delay and in the mean time to hinder and prevent it by all ways possible III. The foresaid Kings for themselves their Heirs and Successors mutually do undertake and promise that they will not aide or furnish the Enemies of either party that shall be Aggressors with any Provisions of War as Souldiers Arms Engines Guns Ships or other necessaries for the use of War or suffer any to be furnished by their Subjects But if the Subjects of either Prince shall prseume to act contrary hereunto then that King whose Subjects shall have so done shall be obliged to proceed against them with the highest severity as against seditious persons and breakers of the League IV. It is further Covenanted and Argeed That if at any time hereafter Any Prince or State shall invade or by any hostile way Attempt upon the Hereditary Kingdomes Provinces Counties Towns Islands Territories or Dominions of the King of Denmark which he now possesseth then the King of Great Britain shall Assist the said King of Denmark in time with such number of Land-forces and Ships of War against such Aggressor as shall suffice to repell the force and as the state of the said Kings affaires shall require And the said King of Great Britain shall therefore with all his power endeavour to hinder that by such invasion or disturbance the King of Denmark be not prejudiced in any wise in his Kingdoms Dominions or Rights And if the said King of Great Britain or the said King of Denmark shall contract or make any League Alliance or Union with any other King Prince Commonwealth or State they shall respectively endeavour to comprehend therein each other and their Dominions as much as in them lies if they shall desire to be comprehended V. It shall be lawful for the Subjects of both Kings with their Commodities and Merchandise both by Sea and Land in time of Peace without licence or safe Conduct General or special to come to the Kingdoms Provinces Mart-towns Ports and Rivers of each other and in any place therein to remain and trade Paying Usual Customs and Duties Reserving nevertheless to either Prince his Superiority and Regal jurisdiction in his kingdoms Provinces Principalities and Territories respectively VI. It is notwithstanding Covenanted and Concluded That the Subjects of the King of Great Britain shall in no wise come to the Prohibited Ports of which mention is made in Precedent Treaties nor Colonies without the Special Licence of the King of Denmark first desired and obtained unless they shall be compelled to make thither and enter therein by stress of Weather or pursuit of Pirates in which case neither shall it be lawfull for them to buy or sell As also in like manner the Subjects of the King of Denmark shall not come to the British Colonies unless by Special Licence of the King of Great Britain first desired and obtained VII It shall be lawful for the Subjects of the Most Serene King of Denmark to bring into their own Stores and Ware-houses in England Scotland and Ireland and other the Ports of the King of Great Britain in Europe such Commodities as now or hereafter shall be of the growth and production of the Estates Countries and Dominions Subject to the King of Denmark or of the Manufacture thereof and likewise such as come from any part of the River of Elbe In like manner shall it be lawfull for the Subjects of the King of Great Britain to import and bring into Denmak Norway and all other Ports and Colonies not prohibited of the King of Denmark all kinds of Merchandise which now or hereafter shall be produced or made in the Kingdoms Countries and Estates under the Subjection of the King of Great Britain But if at any time hereafter it be permitted to any forrein Nations to bring all kinds of Commodities without exception into England Scotland and Ireland and other the Ports belonging to the King of Great Brittain then the same also shall be lawfull for the Subjects of the King of Denmark Which in like manner shall be permitted to the Subjects of the King of Great Britain upon the like occasion in the Prohibited Ports and Colonies of the King of Denmark VIII It is also Covenanted and agreed that the people and Subjects of the King of Great Britain Sailing to any the Hereditary Kingdoms Countries or Dominions of the King of Denmark or trading in the same shall pay no more or greater Customs Tribute toll or other Duties nor in any other manner then the People of the United Provinces of the Low-countries and other strangers the Swede onely excepted trading thither and Paying lesser Customs do or shall pay And in going returning and staying as also in fishing and trading and
all other things shall enjoy the same Liberties Immunities and Priviledges which the People of any forrein Countrey in the said Kingdoms and Dominions of the King of Denmark abiding and trading do or shall enjoy And so on the other side the People and Subjects of the King of Denmark shall have and enjoy the same Priviledges in the Countries and Territories of the King of Great Britain to wit that the People and Subjects of the King of Denmark Sailing to any the Kingdoms Countries or Dominions of the King of Great Britain or trading in the same shall not pay any more or greater Customs Tributes Toll or other Duties nor in any other manner then the People of the United-netherlands or other Strangers trading thither and paying lesser Customs do or shall pay And in going returning and staying as also in fishing and trading and all other things shall enjoy the same Liberties Immunities and Priviledges which the People of any other Forrein Country in the said Kingdoms and Dominions of the King of Great Britain abiding and trading do or shall enjoy But so as that the Power of each King of Making or Altering Customs or other Duties as they shall see occasion in their respective Kingdoms Countries Dominions and Ports remain full and entire Provided the foresaid equality be strictly observed on both sides in manner aforesaid IX It is also covenanted that when the Subjects of either King have imported their Commodities into the Dominions of the other have Paid the usual Customs for them and undergone their Search it shall be free and lawfull for them to bring their said Commodities into their own proper Storehouses and Cellars or into places which they shall think most fit and convenient and there Store them Nor shall any Magistrate or Officer of any the Cities or Ports of either impose upon them any Cellars or Storehouses without their consent X. The Subjects of either Crown trading upon the Seas and Sailing by the Coasts of either Kingdom shall not be obliged to come into any Port if their course were not directed thither but shall have liberty to pursue their Voyage without hindrance or detention whithersoever they please Nor shall they being by tempest forced into Port and there remaining be obliged to unlade their Cargo or to barter or sell any part thereof But it shall be lawfull for them to dispose of it as they shall think fit and to do any other thing which they shall judge most for their advantage Provided nothing be done that may be to the defrauding of either Prince of his due Rights and Customs XI It is also agreed That after any Planks Masts and other sorts of Timber have been once put on board the Ships of the Subjects or People of the King of Great Britain they shall not be liable to any further Search But all Search or scrutiny shall be made before And if then either Oaken or other prohibited Timber be found it shall be presently stop'd and detained upon the place before it be put on board the Ships Nor shall the People of the said King of Great Britain or his Subjects be therefore molested in their Persons or Estates by Arrest or other detention whatsoever But onely the Subjects of the King of Denmark who shall have presumed to Sell or Alienate any the like prohibited Timber shall be punished in due manner And the People and Subjects of the King of Great Britain shall have possess and enjoy all and singular the contents and concessions of this Article without any Molestation or Interruption so long and for all such time as the Subjects or any of the People of the United Netherlands shall hold possess and enjoy or might or ought to hold possess and enjoy the same or like priviledges by any Treaty already made or to be made or by any Contract Agreement or permission XII It is also Conluded and Agreed That all Ships belonging to the Subjects of the King of Great Britain and Merchants in their passage through the Soundt under the Most Serene King of Denmark and Norway c. shall enjoy after the same manner the Benefit and Priviledge of deferring the Payment of their Customs until their return as they held and enjoyed in former years last preceding the late War But so nevertheless that the said Ships and Merchants bring with them Certificates under the Seal of the Officers of the said King of Great Britain deputed thereunto testifying the said Ships to belong to Subjects of the King of Great Britain And likewise that before their passage they give sufficient and good security for paying the same in place convenient to the Collectors of the Customs of the said King of Denmark at their return or if they shall not return within three moneths time at the furthest if they do not pay the same at their said first passage XIII And furthermore it is Agreed that whatsoever Merchandise the Subjects of the King of Great Britain shall land at Elsignore and there lay in their Store-houses to no other end then to put on board again entire and transport them to other parts they shall be obliged to pay onely the same duties for such Merchandise and no more then is wont to be paid in this case by the Dutch Nation or any other Strangers Which shall be reciprocally observed to the Subjects of the King of Denmark after the same manner in England XIV Also it is Agreed that the Ships and Subjects of the King of Great Britain shall have their dispatch at Elsignore as soon as they arrive there without delay No Ships of what Nation soever having preference before them in this behalf Except the Inhabitants of certain places who have anciently held a priviledge to that purpose and still do XV. If any Subject of either Prince shall happen to die in the Dominions or Territories of the other it shall be lawful for him to dispose of his estate both money and goods in any manner whatsoever And if any one die within the Kingdoms or Provinces of the other Prince without making any such dispositions then the Goods by him left moveable or immoveable of whatever nature or condition the same shall be shall be faithfully preserved for the use of the right Heir and for satisfaction of such debts as the party deceased was justly bound to pay And to that end so soon as any Subject of either Prince shall die in the other Princes Dominions the Consul or Publick Minister then residing there shall have right to possess the said Moneys and Goods and shall make Inventories of the same before some Magistrate of the place Which Goods shall afterwards remain in his hands to be answered to the Heirs and Creditors as aforesaid But if no such Consul or Publick Minister shall be there then it shall be lawful for two Merchants of the same Countrey with the party deceased to possess the Goods left by him to preserve them and in like manner to answer them
to the Heirs and Creditors Which notwithstanding is to be so understood that no Papers or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate but onely the real Goods and Merchandise of the deceased And that the said Magistrate within the space of fourty eight hours after notice given and request made shall be obliged to be present otherwise the said Inventories shall be made without him XVI It shall be lawfull for either of the Confederates and their Subjects or People to Trade with the Enemies of the other and to carry to them or furnish them with any Merchandises Prohibited onely which they call Contrabanda excepted without any impediment unless in Ports and Places besieged by the other Which nevertheless if they shall so do it shall be free for them either to sell their Goods to the Besiegers or betake themselves to any other Port or Place not besieged XVII It is also Agreed That it shall be free and lawfull for the Subjects of either Prince Trading in the Dominions or Ports of the other there to remain and reside for the buying and selling Commodities without any restriction of time or limitation to be imposed upon them by any Officers or Magistrates of the said Dominions or Ports They Paying the accustomed Duties for all Goods and Merchandise by them imported or exported And further provided that they trade with none but such as are Citizens or Burgers of some City or Town within the Kingdoms of Denmark or Norway and that onely by whole-sale and not by parcells or retail XVIII Furthermore for the better encouragement of Trade and Commerce and for the utter avoiding of all Frauds and Disputes that may arise between the Officers of Ports and Merchants It is Agreed and Concluded That all and singular Duties shall be demanded and paid according to the Printed Tariffe or Book of Rates wherein shall be comprised all Customes and Duties to be paid as well for Goods in the respective Ports as for passage through the Soundt And to the end that this may be the more Strictly observed Both Kings shall not onely enjoyn his Officers and Collectors of his Customes under the highest penalty not to do any thing that may frustrate or elude this Agreement But also that they do not by Molestation or Exaction cause any trouble or offer any injury to the Subjects of either King XIX Moreover it is concluded and Agreed That the King of Denmark shall constitute the Overseers of his Customs or others Commissioners for re-measuring all Ships belonging to the Subjects of the King of Great Britain Trading in Norway according to their burden and content so as that what has been hitherto not rightly observed either in excess or defect may be hereafter reduced into better Order XX. But lest such freedom of Navigation or Passage of the One Allie and His Subjects and People during the War that the other may have by Sea or Land with any other Countrey may be to the prejudice of the other Allie and that Goods and Merchandise belonging to the enemy may be fraudulently concealed under colour of being in Amity For the preventing of fraud and clearing all suspition It is thought fit that the Ships Goods and Men belonging to the other Confederate in their passage and Voyages be accompanied with Letters of Passe-port and Certisicate The forms whereof to be as follows CHARLES the Second by the Grace of God King of Great Britain c. CHRISTIAN the Fifth by the Grace of God King of Denmark and Norway c. BE it known unto all and singular to whom these Our Letters of Safe-conduct shall be shewn That _____ Our Subject and Citizen of Our City of _____ hath humbly represented unto Us that the Ship called _____ of the burthen of _____ Tuns doth belong unto them and others our Subjects and that they are sole Owners and Proprietors thereof and is now Laden with the Goods which are contained in a Schedule which she hath with her from the Officers of our Customs and do Solely Truly and Really belong to Our Subjects or others in Neutrality bound immediately from the Port of _____ to such other place or places where she may conveniently Trade with the said Goods being not Prohibited nor belonging to either of the parties in hostility or else find a Freight Which the foresaid _____ Our Subject having attested by a writing under his hand and affirmed to be true by Oath under Penalty of confiscation of the said Goods We have thought fit to grant him these our Letters Of Safe-conduct And therefore We do hereby respectively Pray and desire All Governors of Countries and Seas Kings Princes Commonwealths and free Cities and more especially the Parties now in War and their Commanders Admiralls Generalls Officers Governours of Ports Commanders of Ships Captains Freighters and all others whatsoever having any Jurisdiction by Sea or the Custody of any Port whom the Ship aforesaid shall chance to meet or among whose Fleet or Ships it shall happen to fall or make stay in their Ports that by vertue of the League and Amity which we have with any King or State they suffer the said Master with the Ship _____ persons things and all Merchandise on board her not onely freely and without any Molestation Detention or Impediment to any place whatsoever to pursue his Voyage but also to afford him all Offices of Civility as to Our Subject if there shall be occasion Which upon the like or other occasion We and Ours shall be ready to return Given the _____ day of _____ in the year WE the President Consuls and Senators of the City of _____ do Attest and Certifie That on the _____ day of _____ in the year _____ Personally before us came and appeared _____ Citizen and Inhabitant of the City or Town of _____ and under the Oath wherein he stands bound to Our Sovereign Lord the King did declare unto us That the Ship or Vessell called _____ of the burthen of _____ Tuns doth belong to the Port City or Town of _____ in the Province of _____ And that the said Ship doth justly belong onely to him and others Subjects of Our said Sovereign Lord and now bound directly from the Port of _____ laden with the Goods mentioned in a Schedule received from the Officers of the Customs and that he hath affirmed under the Oath aforesaid that the forementioned Vessell with her Goods and Merchandise doth onely belong to Subjects of His Majestie and doth carry no Goods prohibited which belong to either of the Parties now in War In testimony whereof we have caused this Certificate to be Subscribed by the Syndic of Our City and sealed with Our Seal Given c. When therefore the Merchandise Goods Ships or Men of either of the Confederates and their Subjects and People shall meet in open Sea Streights Ports Havens Lands and places whatsoever the Ships of War whether Publick or Private or the
avoiding the danger of the Sea or to refit or buy provisions So that they exceed not the number of six Ships of War if they enter of their own accord nor shall they remain longer in or about the Ports then shall be necessary for the refitting of their Ships buying provisions or other necessaries And if they should upon occasion desire to come into the said Ports with a greater number of Ships of War It shall in no wise be lawful for them to enter therein to without first giving timely notice by Letter of their coming and obtaining leave of those to whom the foresaid Ports belong But if by force of Tempest or other urgent necessity they shall be compelled to put into harbour in such case without any precedent notice the Ships shall not be restrained to a certain number But with this condition nevertheless that their Admiral or Commander in chief presently after his Arrival shall make acquainted the chief Magistrate or Commander of the Place Haven or Coast whether they are come with the cause of his coming Nor shall be stay longer there then shall be permitted him by the chief Magistrate or Commander and shall not act or attempt any Hostility in the Ports whereinto he hath betaken himself or any thing prejudicial to him of the Two Confederates to whom they shall belong XXXI It shall not be lawful for the Subjects of either King or the Inhabitants of the Kingdoms or Lands under their obedience to procure of any Prince or State who is at difference or in open War with either of the Confederates Letters Patents called Commissions or Reprisals much less by virtue of such Letters to molest or damnify the Subjects of either Both the said Kings shall strictly prohibite their Subjects respectively that they do not procure or accept from other Princes or States any such Commissions But shall as much as in them lies forbid and hinder the committing of any depredations by virtue of such Commissions XXXII If any Ship or Ships belonging to the Subjects of either King be taken in the Ports of either by a third party they in whose Port or within whose jurisdiction whatsoever the foresaid Ships shall be taken shall be mutually obliged to use their endeavour together with the other party for the finding and retaking the said Ships or Ships and restoring them to the Owners Which nevertheless shall be done at the charge of the said Owners or the Parties interrested XXXIII But if also in the Ships taken by the Subjects of either Confederate and brought into any Port belonging to the other there be found any Seamen or other Persons who are Subjects of that Confederate into whose Ports or Rivers the prize shall be brought they shall be civilly used by those who have taken them and restored to their liberty forthwith and without ransome XXXIV But if a Ship of War or any other laden with prohibited Goods belonging to the other Crown happen to be taken It shall not be lawful for the Captains or Commanders who have taken her to open or break up any Chests Tons or Bails on board the said Ship nor likewise to transport or otherwise alienate any of her Merchandise until they have been first put on shore and an Inventory thereof made before the Judges of the Admiralty XXXV And for the greater security of the Subjects of both Kings and for preventing of all violence towards them from the said Ships of War All Commanders of any the Ships of War belonging to the King of Great Britain and all other His Subjects whatsoever shall be strictly charged and required that they do not Molest or Injure the Subjects of the King of Denmark If they shall do otherwise they shall be liable to answer it in their Persons and Estates and shall therein stand bound until just Satisfaction and Compensation shall be made for the wrongs by them done and the Damage thereby sustained or to be sustained In like manner shall all Commanders of the Ships of War belonging to the King of Denmark and all other His Subjects whatsoever be straitly under the same penalties charged and required that they do not molest or injure the said Subjects of the King of Great Britain Provided nevertheless that all the foresaid actions be examined and adjudged by due and legal proceeding in the Court of Admiralty of both Kings Or if it shall rather seem meet to either of the parties being a stranger in the place where the controversy is to be decided they shall be examined before certain Commissioners which both Kings so soon as they shall be desired shall appoint to that end that so proceedings by this means may be not onely carried on without great expenses but also ended within three moneths at furthest XXXVI Both Kings shall take care That judgment and sentence in things taken at Sea be given according to the rules of justice and equity by persons not suspected or interrested and being once given by such Judges as aforesaid they shall straitly charge and require their Officers and whom it shall concern to see the same put in due execution according to the form and tenour thereof XXXVII If the Ambassadors of either King or any other Publick Ministers residing with the other King shall happen to make complaint of any such sentence that King to whom complaint shall be made shall cause the said judgment and sentence to be reheard and examined in His Council That it may appear whether all things requisite and necessary have been performed according to the rules of this Treaty and with due caution If the contrary shall happen it shall be redressed which is to be done at the furthest within three moneths time Neither shall it be lawful either before the giving of the first sentence or afterwards during the time of Re-hearing to unlade or sell and make away the Goods in controversie unless it happen to be done by consent of parties and to prevent the perishing of the said Goods and Merchandise XXXVIII The said Kings shall have in each others Court their Ministers and in certain Ports their Consuls for the better and more easie communicating and proposing such things as they shall think advantageous to the Publick interest or private concerns of any particular Person XXXIX No Private injury shall in any wise letten this Treaty nor shall raise any discord or hatred between the foresaid Nations but every man shall answer for his own doings and shall be responsible therefore Nor shall one man suffer for that which another has offended in by having recourse to Reprisals or such like rigorous proceedings unless justice be denied or delayed longer then is fitting In which case it shall be lawful for that King whose Subject has received the Injury to proceed according to the rules and prescriptions of the Law of Nations untill reparation be made to the party injured Provided notwithstanding that he have first in due manner advertised the other King thereof XL. Also it is Agreed that if the Hollander or any other Nation whatsoever the Swedish Nation onely excepted hath already or shall hereafter obtain any better Articles Agreement Exemptions or Priviledges then what are contained in this Treaty from the King of Denmark that the same and like Priviledges shall be likewise Granted to the King of Great Britain and His Subjects effectually and fully to all intents and purposes And on the otherside if the Hollander or any other Nation whatsoever hath or shall obtain from His Majesty of Great Britain any better Articles Agreements Exemptions or Priviledges then what are contained in this Treaty that the same and like Priviledges shall be granted to the King of Denmark and His Subjects also in most full and effectual manner XLI It is also Concluded That former Treaties and Leagues at any time heretofore made between the foresaid Confederates or their Predecessors Kings as well for the Kingdoms of Great Britain c. as for the Hereditary Kingdoms of Denmark and Norway c. respectively be not in the least reputed or taken to be broken and abolished by any Agreement Covenants or Articles in the present Treaty contained But that the same remain in full force effect and virtue so far as they are not contrary or repugnant to the present Treaty or any Article therein contained XLII Finally it is Covenanted concluded and agreed that the foresaid Kings shall sincerely and bona fide observe all and singular the Articles contained and set down in this Treaty and shall cause them to be observed by their Subjects and People Nor shall transgress the same directly or indirectly or suffer the same to be transgressed by their Subjects or People and shall Ratify and Confirm all and singular the premisses as before Agreed by Letters Patents Subscribed with their hands and Sealed with their Great Seales in good sufficient and effectuall form and shall deliver the same reciprocally within three Moneths after the date of these Presents or cause them to be delivered in good faith and reality and with effect Given at Copenhagen the 12 th day of July 1670. In the SAVOY Printed by the Assigns of John Bill and Christopher Barker Printers to the Kings most Excellent Majesty 1672.