their Ships with such Goods and Merchandises which said Ships being laden and Customs paid for the Goods shall not be detained in Port upon any pretence whatsoever nor shall the Laders Merchants or Factors who bought and loaded the Goods aforesaid be questioned after the departure of the said Ships for any matter or thing whatsoever concerning the same VI. And to the end that the Officers and Ministers of all Cities Tables or Lists of the Duties to be put up Towns and Villages belonging to either may neither demand nor take from the respective Merchants and People greater Taxes Duties Stipends Recompences Gifts or any other Charges then what ought to be taken by virtue of this Treaty and that the said Merchants and People may know and understand with certainty what is ordained in all things touching this It is Agreed and Concluded That Tables and Lists shall be put up at the Doors of the Custom-houses and Registries of all the Cities Villages and Towns of or appertaining to one or the other King where such Rights and Excises or Customs are usually paid in which how much and of what quality such Rights Customs Subsidies and Payments either to the Kings or any the aforesaid Officers are allowed shall be put down in Writing declaring as well the Species of what is Imported as what is carried out And if any Officer or any other in his name upon any pretence whatsoever in publick or secret directly or indirectly shall ask or receive of any Merchant or other person respectively any sum of Money or other thing by the name of Right Due Stipend Allowance or Recompence though it be by the way of voluntary Donative more or otherwise then aforesaid the said Officer or his Deputy being in such manner guilty and convict before a competent Judge in the Country where the Crime is committed shall be put in Prison for three Months and shall pay thrice the value of the thing so received of which the half shall be for the King of the Country where the Crime is committed and the other half for the Denunciator for the which he may sue his Right before any competent Judge of the Country where it shall happen VII That it shall be lawful for the Subjects of the King of Great Britain All kind of Goods freely to be Imported into Spain to bring out and carry into Spain and all or any Lands and Dominions of the King of Spain where heretofore they have used Trade and Commerce and Trade there with all kind of Merchandise Clothes Manufactures and things of the Kingdom of Great Britain and the Manufactures Goods Fruits and Kinds of the Islands Towns and Plantations to him appertaining and what shall have been bought by English Factors on this side or farther on the other side of the Cape of Buena Esperança without being enforced to declare to whom or for what Price they sell their said Merchandise and Provisions or being molested for the Errors of the Masters of the Ships or others in the Entry of the Goods and at their pleasure to return again out of the Dominions of the King of Spain with all or any Goods Estates and Merchandise to any of the Territories Islands Dominions and Countries of the King of England or to any other Place To pay onely for the Goods Landed paying the Rights and Tributes mentioned in the antecedent Chapters and the rest of all their Lading which is not brought to Land they may detain keep and carry away in their said Ship or Ships Vessel or Vessels again without paying any Right or Imposition whatsoever for it as if therewith they had never been within any Bay or Port of the Catholique King And all the Goods Prize Goods to be esteemed as English Estates Merchandise Ships or other Vessels with any things introduced into the Dominions or Places of the Crown of Great Britain as Prizes and judged for such in the said Dominions and Places shall be taken for Goods and Merchandise of Great Britain comprehended so by the intention of this Article VIII That the Subjects and Vassals of the Most Serene King of Great Britain may bring and carry to all and singular the Dominions of the King of Spain East-India Goods to be freely Imported into Spain any Fruits and Commodities of the East-Indies it appearing by Testimony of the Deputies of the East-Indy Company in London that they are of or have come from the English Conquests Plantations or Factories with like Priviledge and according to what is allowed to the Subjects of the Vnited Provinces by the Royal Cedulas of Contravando bearing date the 27. of June and the 3. of July 1663. and published on the 30. of June and 4. of July the same Year And for what may concern both the Indies and any other Parts whatsoever The English to have all Priviledges granted to the Dutch by the Treaty of Munster 1648. the Crown of Spain doth grant to the King of Great Britain and his Subjects all that is granted to the United States of the Low-Countreys and their Subjects in their Treaty of Munster 1648. Point for Point in as full and ample manner as if the same were herein particularly inserted the same Rules being to be observed whereunto the Subjects of the said United States are obliged and mutual Offices of Friendship to be performed from one side to the other IX That the Subjects of the King of Great Britain And to have all the Priviledges granted to the English residing in Andaluzia 1645. Trading Buying and Selling in any of the Kingdoms Governments Islands Ports or Territories of the said King of Spain shall have use and enjoy all the Priviledges and Immunities which the said King hath granted and confirmed to the English Merchants that reside in Andaluzia by his Royal Cedulas or Orders dated the 19. day of March the 26. day of June and the 9. day of November 1645. His Catholique Majesty by these Presents reconfirming the same as a part of this Treaty between the two Crowns And to the end that it be manifest to all It is consented That the said Schedules as to the whole substance thereof be passed and transferred to the body of the present Articles in the name and favour of all and singular the Subjects of the King of Great Britain residing and Trading in any Places whatsoever within His Catholique Majesties Dominions X. That the Ships or any other Vessels that shall belong to the King of Great Britain or his Subjects Navigating into the King of Spain's Dominions or any of his Ports shall not be visited by the Judges of Counterband or by any other Officer or Person by his own or by any other Authority nor shall any Souldiers English Ships how to be visited in Port. Armed men or other Officers or Persons be put on Board any of the said Ships or Vessels nor shall the Officers of the Custom-house of the one or the other Party search
other in America shall be expunged out of remembrance and buried in Oblivion as if no such thing had ever past Moreover English to keep what they possess at present in America It is Agreed That the Most Serene King of Great Britain his Heirs and Successors shall have hold keep and enjoy for ever with plenary Right of Sovereignty Dominion Possession and Propriety all those Lands Regions Islands Colonies and Places whatsoever being or situated in the West-Indies or in any part of America which the said King of Great Britain and his Subjects do at present hold and possess So as that in regard thereof or upon any Colour or Pretence whatsoever nothing more may or ought to be urged nor any Question or Controversie be ever moved concerning the same hereafter VIII The Subjects and Inhabitants Merchants Captains Masters of Ships Mariners of the Kingdoms Provinces and Dominions of each Confederate respectively shall abstain and forbear to Sail and Trade in the Ports and Havens which have Fortifications Castles Magazines or Warehouses Sailing to or Trading in each others Ports in America forbidden and in all other Places whatsoever possessed by the other Party in the West-Indies to wit The Subjects of the King of Great Britain shall not Sail unto and Trade in the Havens and Places which the Catholick King holdeth in the said Indies Nor in like manner shall the Subjects of the King of Spain Sail unto or Trade in those Places which are possessed there by the King of Great Britain IX But if at any time hereafter either King shall think fit to grant unto the Subjects of the other any general or particular Licence or Priviledges of Navigating unto Except by Licence and Trading in any Places under his Obedience who shall grant the same The said Navigation and Trade shall be exercised and maintained according to the Form Tenor and Effect of the said Permissions or Priviledges to be allowed and given For the Security Warrant and Authority whereof this prsent Treaty and the Ratification thereof shall serve X. It is also Agreed In case the Ships of either Party be sorced into the others Harbours in America they shall be protected and have leave to buy Victuals and freely go away again That in case the Subjects and Inhabitants of either of the Confederates with their Shipping whether publick and of War or private and of Merchants be forced at any time through stress of Weather pursuit of Pirates and Enemies or other Inconvenience whatsoever for the seeking of Shelter and Harbour to retreat and enter into any of the Rivers Creeks Bays Havens Roads Shores and Ports belonging to the other in America they shall be received and treated there with all humanity and kindness and enjoy all friendly protection and help And it shall be lawful for them to refresh and provide themselves at reasonable and the usual Rates with Victuals and all things needful either for the sustenance of their Persons or reparation of their Ships and conveniency of their Voyage And they shall in no manner be detained or hindred from returning out of the said Ports or Roads but shall remove and depart when and whither they please without any let or impediment XI Likewise In case of Shipwrack Persons saved not to be kept Prisoners if any Ships belonging to either Confederate their People and Subjects shall within the Coasts or Dominions of the other stick upon the Sands or be Wrack'd which God forbid or suffer any Damage the Persons Shipwrack'd and cast on the Shore shall in no sort be kept Prisoners but on the contrary all friendly Assistance and Relief shall be administred to their Distress and Letters of Safe-conduct given them for their free and quiet Passage thence and the return of every one to his own Country XII But when it shall happen In case three or four Ships come together into any Port not to stay without leave from the Governor nor to Trade that the Ships of either as is above-mentioned through danger of the Sea or other urgent Cause be driven into the Ports and Havens of the other if they be three or four together and may give just ground of Suspicion they shall immediately upon their arrival acquaint the Governor or chief Magistrate of the Place with the Cause of their coming and shall stay no longer then the said Governor or chief Magistrate will permit and shall be requisite for the furnishing themselves with Victuals and Reparation of their Ships And they shall always take care not to carry out of their Ships any Goods or Packs exposing them to Sale neither shall they receive any Merchandise on Board nor do any thing contrary to this Treaty XIII Both Parties shall truly and firmly observe and execute this present Treaty Both Parties shall cause this Treaty to be kept and all and every the Matters therein contained and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation XIV No private Injury shall in any sort weaken this Treaty No Reprisals but in case of denying or unreasonably delaying Justice nor beget Hatred or Dissentions between the foresaid Nations but every one shall answer for his own proper Fact and be prosecuted thereupon Neither shall one Man satisfie for the Offence of another by Reprisals or other such like odious Proceedings unless Justice be denied or unreasonably delayed in which case it shall be lawful for that King whose Subject hath suffered the Loss and Injury to take any Course according to the Rules and Method of the Law of Nations until Reparation be made to the Sufferer XV. The present Treaty shall in nothing derogate from any Preeminence This Treaty not to prejudice eithers Dominion in those Seas Right or Dominion of either Confederate in the American Seas Channels or Waters but that they have and retain the same in as full and ample manner as may of right belong unto them But it is always to be understood that the Liberty of Navigation ought in no manner to be disturbed where nothing is committed against the genuine sence and meaning of these Articles XVI Lastly Ratification The solemn Ratifications of this present Treaty and Agreement made in due Form shall be delivered on both Sides and mutually Exchanged within the space of Four Months from this Day And within Eight Months to be computed from the said Exchange of the Instruments or sooner if possible they shall be Published in all convenient Places throughout the Kingdoms States Islands and Dominions of both Confederates as well in the West-Indies as elsewhere In Testimony of all and singular the Contents hereof We the above-mentioned Plenipotentiaries have Signed and Sealed this present Treaty at Madrid the 8 18 Day of July in the Year of our Lord 1670. The Count of Penaranda L. S. William Godolphin L. S. Articles of Alliance and Commerce between the Most Serene and Potent Prince Charles
to their choice and consented to by the ordinary Judges as often as there shall be occasion and they shall not be constrained to shew their Books and Papers of Accompt to any Person if it be not to give Evidence for the avoiding Law-Suits and Controversies neither shall they be Embarqued Detained or taken out of their hands upon any pretence whatsoever And it shall be permitted to the People and Subjects of either King in the respective Places where they shall reside to keep their Books of Accompt Books of Accompt not subject to any Inquisition Traffick and Correspondence in what Language they please in English Spanish Dutch or any other the which shall not be molested or subject to any Inquisition And whatsoever else hath been granted by either Party concerning this Particular to any other Nation shall be understood likewise to be granted here XXXII That in case the Estate of any person or persons shall be Sequestred or Seised on by any Court of Justice or Tribunal whatsoever About Confiscation of Estates within the Kingdoms and Dominions of either Party and any Estate or Debt happen to lie in the hands of the Delinquents belonging bona fide to the People and Subjects of the other the said Estate or Debts shall not be Confiscated by any of the said Tribunals but shall be restored to the true Owners in specie if they yet remain and if not the value of them according to the Contract and agreement which was made between the Parties shall be restored within three Months after the said Sequestration XXXIII That the Goods and Estates of the People and Subjects of the one King Estates of those that die to be kept for the Heirs that shall die in the Countries Lands and Dominions of the other shall be preserved for the lawful Heirs and Successors of the Deceased the Right of any Third person always reserved XXXIV That the Goods and Estates of the Subjects of the King of Great Britain Concerning the Estates of those that die Intestate that shall die without making a Will in the Dominions of the King of Spain shall be put into Inventory with their Papers Writings and Books of Accompt by the Consul or other publick Minister of the King of Great Britain and deposited in the hands of two or three Merchants that shall be named by the said Consul or publick Minister to be kept for the Proprietors and Creditors and neither the Cruzada nor any other Judicatory whatsoever shall intermeddle therein which also in the like case shall be observed in England towards the Subjects of the King of Spain XXXV That a decent and convenient Burial-place shall be granted and appointed to bury the Bodies of the Subjects of the King of Great Britain The English to have a Burial-place for their Dead who shall die within the Dominions of the King of Spain XXXVI If it shall happen hereafter that any Difference fall out which God forbid between the King of Great Britain and the King of Spain whereby the mutual Commerce and good Correspondence may be endangered the respective Subjects and People of each Party shall have notice thereof given them in time that is to say the space of Six months to Transport their Merchandise and Effects without giving them in that time any molestation or trouble or Retaining or Embarquing their Goods or Persons XXXVII All Goods and Rights concealed or Embarqued In case of any Difference between the Crowns Six months notice to be given Moveables Immoveables Rents Deeds Debts Credits and the like which have not with a formal notice of the cause and by a legal Condemnation according to the Ordinary Justice been brought into the Royal Exchequer at the time of concluding this Treaty shall remain at the full and free disposal of the Proprietors their Heirs or of those who shall have their Right with all the Fruits Rents and Emoluments thereof and neither those who have concealed the said Goods nor their Heirs shall be molested for this cause by the Exchequers respectively but the Proprietors their Heirs or those who shall have their Right shall have for the said Goods and Rights their Action at Law as for their own proper Goods and Estate XXXVIII It is Agreed and Concluded English to have all Priviledges granted or to be granted to any other Stranger and reciprocally the Spanish to enjoy the like That the People and Subjects of the King of Great Britain and of the King of Spain shall have and enjoy in the respective Lands Seas Ports Havens Roads and Territories of the one or the other and in all Places whatsoever the same Priviledges Securities Liberties and Immunities whether they concern their Persons or Trade with all the beneficial Clauses and Circumstances which have been granted or shall be hereafter granted by either of the said Kings to the Most Christian King the States General of the United Provinces the Hans-Towns or any other Kingdom or State whatsoever in as full ample and beneficial manner as if the same were particularly mentioned and inserted in this Treaty XXXIX In case any Difference or Dispute shall happen on either side concerning these Articles of Trade and Commerce How to proceed in case any Dispute happen about these Articles by either the Officers of the Admiralty or other Person whatsoever in the one or the other Kingdom The Complaint being presented by the Party concerned to their Majesties or to any of their Council their said Majesties shall cause the Damages forthwith to be repaired and all things as they are above Agreed to be duly executed And in case that in progress of time any Frauds or Inconveniencies be discovered in the Navigation and Commerce between both Kingdoms against which sufficient Prevention hath not been made in these Articles other Provisions may be hereafter mutually Agreed on as shall be judged convenient the present Treaty remaining still in full force and vigour XL. It is likewise Accorded and Concluded That the Most Serene and Renowned Kings of Great Britain and Spain shall sincerely and faithfully observe and keep and procure to be observed and kept by their Subjects and Inhabitants respectively all and singular the Capitulations in this present Treaty Agreed and Concluded Neither shall they directly or indirectly infringe the same or consent that the same shall be infringed by any of their Subjects or Inhabitants About the Ratifications And they shall Ratifie and Confirm all and singular the Conventions before Accorded by Letters Patents reciprocally in sufficient full and effectual Form and the same so formed and made shall interchangeably deliver or cause to be delivered faithfully and really within Four months after the Date of these Presents and they shall then as soon as conveniently may be cause this present Treaty of Peace and Amity to be published in all Places and in the manner accustomed Dated at Madrid the 13 23 day of May in the Year of our Lord 1667.
taken which for this effect was exhibited unto me by William Bland dwelling in the City of Sivil who took it away again with him the 11. of April Anno 1645. Joseph de Pineda Notary Publick of the City of Sivil for the King Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and Mighty Prince Lewis XIV The Most Christian King Concluded the 21 31 day of July 1667. I. THat there be an Universal Peace and Amity restored Perpetual True and Sincere Peace and Amity between the Most Christian King and the King of Great Britain their Heirs and Successors and between the Kingdoms States and Subjects of both and that the same be so sincerely and seriously observed and kept that one shall promote the Honour and Advantage of the other And that a faithful Neighbourhood and secure observation of Peace and Friendship may flourish again on every side II. That all Enmities Hostilities Discords and Wars between the said Kings and their Subjects cease and be abolished Cessation of Hostilities so as they both do forbear and abstain hereafter from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions and Places of eithers Kingdoms and Territories of what Condition soever they be III. That all Offences All Injuries to be forgotten Injuries Damages which either of the said Kings or their Subjects have suffered from the other during this War be buried in Oblivion so that neither in regard of them nor for the cause or pretence of any other thing neither Party nor the Subjects of either shall hereafter do or cause to be done or made any Hostility Enmity Molestation or Hindrance to the other by himself or by others secretly or openly directly or indirectly by colour of Right or way of Fact IV. That the use of Navigation and Commerce be free between the Subjects of both the said Kings Freedom of Trade and Navigation as it was anciently in the time of Peace and before the Denunciation of the late War so that every one of them may freely come into the Kingdoms Provinces Marts Ports and Rivers of either Party bringing their Merchandise and Conversing and Trading there without Molestation V. That all Prisoners on either side Prisoners released of what Degree Dignity or Condition soever be forthwith set at liberty without Ransom or any other Price of their Freedom Provided they pay what is lawfully due for Diet or other Cause VI. That all Proclamations and Acts which by reason of this War either Party hath published All Acts made against the liberty of Trade Revoked to the prejudice of either against the liberty of Navigation and Trade be abrogated on both sides VII That the Most Christian King shall with all speed or at the furthest within Six months to be reckoned from the Day of Subscribing this present Agreement Restitution of St. Christophers restore unto the King of Great Britain or unto such as to that purpose shall receive his Commands duely Passed under the Great Seal of England that part of the Isle of St. Christophers which the English possessed the First of January 1665. before the Declaration of the late War and to that end the said Most Christian King shall immediately upon the Ratification of the same Agreement deliver or cause to be delivered unto the said King of Great Britain or such Ministers of his as shall be thereunto appointed all necessary Instruments and Orders duely dispatched VIII But if any of the Subjects of the said King of Great Britain shall have sold the Goods which he possessed in that Island If any person have sold his Goods there he shall repay the Money before he be restored and the Price of the Sale hath been paid unto him he shall not be restored and put into possession of those Goods by virtue of the present Agreement before he hath actually paid back the Price or the Money he hath received IX But if it happen which yet is not known hitherto that the Subjects of the said Most Christian King are beaten out of the said Island of St. Christophers by the Subjects of the above-mentioned King of Great Britain before or after the Subscription of the present Agreement Nevertheless All things in that Island to be put in the same state as they were in 1665. things shall be restored unto that state and condition wherein they were in the beginning of the Year 1665. that is before the Declaration of the War now determining and the said King of Great Britain assoon as he hath notice thereof shall without any delay deliver or cause to be delivered unto the above-mentioned Most Christian King or his Ministers thereunto appointed all Instruments and Orders duely made which are necessary for that Restitution X. Also Restitution of Acadia to the French That the said King of Great Britain do likewise restore unto the said Most Christian King or unto such as to that purpose shall receive his Command duely passed under the Great Seal of France the Country which is called Acadia lying in North America which the said Most Christian King did formerly enjoy And to that end the said King of Great Britain shall immediately upon the Ratification of this Agreement deliver or cause to be delivered unto the said Most Christian King or such Ministers of his as shall be thereunto appointed all Instruments and Orders duely dispatched which shall be necessary to the said Restitution XI But if any of the Inhabitants of that Country called Acadia Such Inhabitants as shall desire to leave the Place may shall rather desire to be hereafter under the Dominion of the King of Great Britain it shall be lawful for such to depart within the space of One year to be counted from the Day of the Restitution of that Country and to sell alienate or otherwise dispose as they please their Lands Grounds Slaves and all their Goods moveable or immoveable and such persons as shall Contract with them for the same shall be forced to make good such Contracts by the Most Christian Kings Authority But if they shall rather choose to carry away with them their Money Housholdstuff Vessels Slaves and all their Moveables it shall be free for them so to do without any hindrance or molestation whatsoever XII Also the Most Christian King shall in like manner restore unto the King of Great Britain the Islands called Antigoa and Monsarat if they be in his power and any other Islands Countreys Reciprocal Restitution of Places taken Forts and Colonies which may have been gotten by the Arms of the Most Christian King before or after the Subscription of the present Treaty and which the King of Great Britain possessed before he
Loss together with all even the smallest things thereto appertaining forthwith restored to him whose it was before and in the same Condition wherein it was then when it was taken without tergiversation delay or any kind of pretence VII Under this present Treaty of Peace shall be comprehended those Who shall be comprehended in this Treaty who before the Exchange of Ratifications or afterwards within Six Months shall be by common Consent nominated by both Parties And as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be VIII Lastly These Articles to be observed by both Kings It is Concluded Covenanted and Agreed That the foresaid Most Serene and Most Potent Kings shall sincerely and bona fide observe all and singular the Articles contained and established in this present Treaty and shall cause the same to be observed by their Subjects and Inhabitants neither shall they directly or indirectly transgress them or suffer them to be transgressed by their Subjects or Inhabitants directly or indirectly And they shall Ratifie and Confirm all and every thing as they are above Covenanted Ratifications to be Exchanged by Letters Patents Subscribed with their Hands and Corroborated with their Great Seals conceived and written in sufficient valid and effectual Form and shall reciprocally deliver or cause the same to be delivered here at Breda bona fide really and effectually within the space of Four Weeks next ensuing the Date of these Presents or sooner if it may be done Breda the 21 31 day of July 1667. Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. I. FIrst A firm Peace concluded That from this Day there be a true firm and inviolable Peace sincere Friendship a nearer and straiter Alliance and Union between the Most Serene King of Great Britain and the High and Mighty States General of the United Provinces of the Netherlands and the Lands Countries and Cities under the Obedience of both Parties wheresoever situate and their Subjects and Inhabitants of what Degree soever they be II. Also That for the time to come all Enmities Enmities to cease Hostilities Discords and Wars between the said Lord the King and the foresaid Lords the States General and their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions Places and Governments of what Condition soever they be within the Jurisdiction of either Party III. Also Injuries to be forgiven That all Offences Injuries Damages Losses which His said Majesty and His Subjects or the foresaid States General and their Subjects have on either Side sustained during this War or at any time whatsoever heretofore upon what Cause or Pretence soever be buried in Oblivion and totally expunged out of Remembrance as if no such things had ever past Furthermore that the foresaid Peace Both Parties to keep what they have Friendship and Alliance may stand upon firm and unshaken Foundations and that from this very Day all Occasions of new Dissention and Difference may be cut off It is further Agreed That both thē Parties and either of them shall keep and possess hereafter with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies how many soever as during this War or in any former Times before this War they have by Force of Arms or any other way whatsoever gotten and detained from the other Party and that altogether after the same manner as they had gotten and did possess them the 10 20 day of May last past none of the same Places being Excepted IV. Moreover Ships Goods c. to remain to the Possessors That all Ships with their Furniture and Merchandise and all Moveables which during this War or at any time heretofore have come into the Power of either of the forementioned Parties or their Subjects be and remain to the present Possessors without any Compensation or Restitution so as each one become and remain Proprietor and Possessor for ever of that which was so gotten without any Controversie or Exception of Place Time or Things V. Moreover That all Actions Suits and Pretensions whatsoever they be or in what manner soever they have been restrained circumscribed defined or reserved in any Articles of Peace or Alliance already made and especially in the fifteenth Article of that Treaty which was Signed in the Year 1662. which His said Majesty and the said States General or their Subjects may or would prosecute or move against one another about such matters or things as have happened during this War or in any former Times as well before as after the foresaid Treaty of 1662. until the Day of this present Alliance be and remain void obliterated and disannulled All Actions Suits and Pretensions renounced As His said Majesty and the said States General shall declare and they do hereby declare That by vertue of these Presents they will for ever totally renounce even as hereby they do renounce all such Actions Suits and Pretensions for themselves and their Successors so as in regard of them nothing more may or ought ever to be urged on either Side and nothing to be moved thereupon hereafter VI. But if after the 10 20 day of May Places taken since the 10 20 of May to be restored expressed in the precedent third Article or after the Peace is made or this Treaty Signed either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies or other Places whatsoever all and every of them without any distinction of Place or Time shall be restored bona fide in the same state and condition wherein they shall be found to be at the Time whensoever it shall be known in those Places that the Peace is made VII But to avoid all matter of Strife or Contention hereafter that useth sometimes to arise concerning the Restitution or Liquidation of such Ships Merchandise and other Moveables as both Parties or either of them may pretend to have been taken or gotten in Places and Coasts
far distant after the Peace is concluded and before it be notified unto those Places Hostilities when to cease It is Agreed That all such Ships Merchandise and other Moveables which may chance to fall into either Parties hands after the Conclusion and Publication of the present Instrument in the Channel or British Sea within the space of Twelve Days and the same in the North Sea and within the space of Six Weeks from the Mouth of the Channel unto the Cape of St. Vincent as also within the space of Ten Weeks beyond the said Cape and on this side the Aequinoctial Line or Aequator as well the Ocean and Mediterranean Sea as elsewhere and from thence within the space of Eight Months beyond the terms of the foresaid Line throughout all the World shall be and remain unto the Possessors without any exception or further distinction of Time or Place or any regard had to the making of Restitution or Compensation VIII It is also Agreed Letters of Marque revoked That under the foresaid Renunciation and Stipulation all Letters whatsoever of Reprizal Marque and Counter-Marque both general and particular and others of that kind by virtue whereof any Hostility may be exercised for the future ought also to be reckoned and comprehended and by the Publick Authority of this Alliance they are inhibited and revoked And if any persons of either Nation after such Revocation shall nevertheless under pretence or authority of such Letters or Commissions already revoked design any new Mischief or act any Hostility after the Peace is made and the Times specified in the precedent seventh Article are elapsed they are to be looked upon as Disturbers of the Publick Peace and punished according to the Law of Nations besides an entire restitution of the Thing taken or full satifaction of Damages to which they shall be liable notwithstanding any Clause whatsoever to the contrary which may be inserted in the said Letters revoked as aforesaid IX And whereas in Countreys far remote Liberty of Trade restored in Africa and America as in Africk and America especial in Guiney certain Protestations and Declarations and other Writings of that kind prejudicial to the Liberty of Trade and Navigation have been emitted and published on either Side by the Governors and Officers in the Name of their Superiours It is in like manner Agreed That all and every such Protestations Declarations and Writings aforesaid be abolished and held hereafter for null and void and that both the above-mentioned Parties and their Inhabitants and Subjects use and enjoy the same Liberty of Trade and Navigation as well in Africa as in America which they used and enjoyed or of right might use and enjoy at that time when the Treaty of the Year 1662. was Subscribed X. Also All Prisoners set free That Prisoners on both Sides one and all of what Degree Dignity or Condition soever they be shall be set at Liberty without Ransom or any other Price of their Freedom Provided satisfaction be made by them for Debts which they have contracted for Diet or any other lawful Cause XI That the said King of Great Britain Mutual Defence and the said States General remain Friends Confederate United and Allied for the defence and preservation of the Rights Liberties and Immunities of either Ally and their Subjects against all whomsoever who shall endeavour to disturb the Peace of eithers State by Sea or Land or such as living within eithers Dominions shall be declared Publick Enemies to either XII That neither the said King of Great Britain Not to Treat or Attempt any thing against each others prejudice nor any way to favour the same nor the said States General shall Act Do Endeavour Treat or Attempt any thing against the other or the Subjects of either any where by Land or Sea or in any Ports Liberties Creeks or Fresh-waters upon any occasion whatsoever And that neither they nor the Subjects of either of them shall give afford or supply any Aid Counsel or Favour nor consent that any thing be Done Treated or Attempted by any other whosoever to the harm or prejudice of the other or the Subjects of either but shall expresly and actually oppose contradict and really hinder all whomsoever Residing or Dwelling in either the respective Dominions who shall Act Do Treat or Attempt any thing against either of them XIII That neither the said King Rebels not to be Assisted nor the said Commonwealth nor any of the Subjects of either Inhabiting or Residing within their Jurisdiction shall cherish and assist the Rebels of either Party with any Succour Counsel or Favour whatsoever but shall expresly oppose and effectually hinder all persons Abiding Residing or Dwelling in either of their Dominions from supplying or furnishing any of those foresaid Rebels by Sea or Land with any Succour or Assistance either in Men Ships Arms Warlike Furniture or other prohibited Goods or with Money Provisions or Victuals And all Ships Arms Warlike Furniture or other forbidden Goods also Money and Provisions belonging to any person or persons whatsoever which shall be supplied or furnished contrary to the meaning of this Article shall be Confiscate and Forfeited to that Party where the persons offending shall be And those who shall wittingly and willingly Act Commit Attempt or Adviseany thing contrary to the sence of this Article shall be judged Enemies of both Parties and shall be punished as Traitors there where the Offence shall be committed But as touching the specification of Prohibited or Contraband Goods it shall be provided for hereafter XIV That the said King of Great Britain and the said States General shall mutually To Assist each other against Rebels sincerely and faithfully as there is occasion Assist each other against the Rebels of either by Sea or Land with Men and Ships at the Cost and Charges of the Parties who desire the same in such proportion and Manner and upon such Conditions as afterward shall be Agreed and the present Occasion shall require XV. That neither the said King Rebels and Fugitives not to be received nor the said Commonwealth nor the Subjects of either shall in any of their Jurisdictions Countries Lands Havens Sea-Ports Creeks receive any Rebel or Rebels Fugitive or Fugitives of the other Party declared or to be declared nor shall give or yield unto such declared Rebels and Fugitives in the Places aforesaid or elsewhere though without their Lands Countries Havens Sea-Ports Creeks or Jurisdictions any Help Counsel Lodging Souldiers Ships Money Arms Ammunition or Victuals As also neither of the States shall permit that such Rebels or Fugitives be received by any person or persons within their Jurisdictions Countries Lands Sea-Ports Havens Creeks nor suffer that any Help Counsel Lodging Favour Arms Ammunition Souldiers Ships Moneys or Provision be given or yielded to such Rebels and Fugitives but shall expresly and effectually oppose and really hinder the same XVI That in case either of them by
into the Registry a List Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall shew the Officers and Marine Judges this his present Licence and having finished his Voyage shall make faithful relation of what hath been done and hath passed during all the time of his said Voyage and shall carry the Flags Arms and Colours of his Majesty throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed And underneath By _____ and Sealed with the Seal of the Arms of the said High Admiral A Form of the Act containing the Oath to be taken by the Master or Captain of the Ship WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Given at _____ the day of _____ One thousand six hundred c. In testimony whereof we have hereunto set our Hands The Form of the Certificates that ought to be given by the Burgomasters of the Cities and Sea-Ports of the United Provinces to the Ships and Vessels that go from thence according to the Eighth Article abovesaid TO the Most Serene Most Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Commonwealths Princes Dukes Comtes Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomastersand Governors of the City of _____ do certifie That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the Vnited Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you and every of you where the abovesaid Master shall arrive with his Ship and Goods that you will please to receive him courteously and use him kindly admitting him upon paying the usual Dues Tolls and other Customs to enter into remain in and pass from your Ports Rivers and Territories and there to Trade Deal and Negotiate in any Part or Place in such sort and manner as he shall desire Which we shall most readily acknowledge in the like occasion In witness whereof We have caused the Seal of Our City to be thereunto put In Witness and Confirmation of all and every part whereof We the Commissioners of His said Majesty the King of Great Britain and of the said Lords the States General having sufficient Power given us thereunto have Signed these Tables and Sealed them with our Seals At the Hague in Holland the 17. of Febr. in the Year One thousand six hundred sixty eight De Gellicum B. d' Asperen John de Witt Van Crommon G. Hoolck V. Vnckell Jan. Van Isselmuden L. T. Van Starckenborck A Treaty of Friendship and Commerce between His Majesty of Great Britain c. and the Most Serene Prince the Duke of Savoy Concluded at Florence the 19th day of September 1669. The Instrument of Commerce with the Duke of SAVOY THe convenient Situation of the Port of Villa Franca in the Mediterranean Sea and the Capacity of the same together with the Security of it in all respects have been efficacious Motives to His Most Serene Highness the Duke of Savoy for the Exhibiting and Pronouncing the same Free to the whole World with a Belief that it might in time prove advantageous to the Publick and to His Royal Highness in particular But it so falling out that the vigour of things which are established by the best Counsel in process of time are rendred languid and subject to mutation It has therefore pleased His Royal Highness not only to reconfirm the Free State and Condition of his Port But over and above to offer the same to His Majesty of Great Britain c. encreased with new Priviledges and augmented with inviolable Capitulations To these Motives a most valid and reciprocal Inducement joyns it self To wit the Luxuriant Fertility of Soil which is obvious in the Kingdoms and other Plantations which are under the Dominion of His Majesty of Great Britain c. As also in the Dominions of His said Royal Highness which superfluity since it is so properly and naturally transmitted and emptied into the mutual Territories with the reciprocal fruit and advantage of the Subject 'T was easie for both Princes between whom there passed long since the Tyes of an Ancient Friendship confirmed by repeated Alliances and by late conjunction in Bloud to entertain thoughts of superadding the new Tye of mutual Commerce by which they might upon the score of advantaging their Subjects further Oblige and reciprocally Engage themselves to each other To this end and purpose it has pleased His Most Excellent Majesty by His Letters Patents under the Great Seal of England to constitute Sir John Finch Knight now Resident for His Majesty of Great Britain with the Great Duke of Tuscany His true and lawful Attorney with a Plenipotentiary Power as appears out of the Letters Patents themselves And to the same intent and purpose His Royal Highness has thought good to invest with the same Power and Authority Signor Joseph Maurice Philippone His Counsellor Auditor and Procurator General of His Revenue As is likewise apparent from the Letters Patents of His Royal Highness Both which Plenipotentiaries after several Meetings have finally Concluded as follows ARTICLES COVENANTED I. FIrst The Peace Confirmed Since Commerce was always the Companion of Peace That Peace which for many Years was never interrupted by War is now Ratified Established and Confirmed between the Most Potent Monarch CHARLES the Second King of Great Britain c. and His Royal Highness CHARLES EMANVEL the Second of that Name Duke of Savoy c. Both whose Subjects are obliged as well by Sea as Land upon all occasions to perform to each other all Actions of mutual Civility and Kindness II. Secondly It shall be permitted to English to Import freely all sorts of Goods and Land them without Confiscation or Imposition and lawful for all sorts and kinds of Ships and Vessels belonging to his Majesty the King of Great Britain c. or any of his Subjects to conduct and bring into the Ports of Villa Franca Nizza or S. Hospitio all things whatsoever or all kinds of Merchandise whether produced by Nature or made by Art in any part of the World All which things or Merchandise so brought shall freely and lawfully by the Captains or Masters or any
the Second by the Grace of God King of England Scotland 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 Denmark Norway c. Concluded at Copenhagen the 11th 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 A perfect Peace and Friendship 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 Not to consent to any thing prejudicial to each other 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 signifie 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 Not to Assist each others Enemies if Aggressors their Heirs and Successors mutually do undertake and promise That they will not aid 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 presume 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 Agreed To Assist Denmark if Invaded That if at any time hereafter any Prince or State shall Invade or by any Hostile way Attempt upon the Hereditary Kingdoms 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 Affairs shall require Each Party to be comprehended in any Treaty made with others 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 Freedom of Trade 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 English not to come to Prohibited Ports but by Licence or stress of Weather 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 lawful for them to buy or sell Nor the Danes to any of the Plantations 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 Warehouses in England Danes to bring in all things of their own Growth or Manufacture into England Scotland or Ireland and such as come from the Elbe 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 lawful for the Subjects of the King of Great Britain to Import and bring into Denmark The like liberty to the English in the King of Denmark's Dominions except Ports Prohibited 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 In case any Strangers have hereafter liberty to bring all sorts of Goods into Prohibited Ports both Parties respectively to have the same Priviledge 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 Ireland and other the Ports belonging to the King of Great Britain then the same also shall be lawful 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 The English to pay no greater Duries then other Strangers except the Swedes 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
HIS Majesty being given to understand that the late King his most Dear Brother of Blessed Memory Deceased had given Order for Reprinting several Treaties of Peace and Commerce Concluded between Him and other Princes and States which were not to be had without great difficulty by reason that few Copies remain of the former Impressions of them His Majesty is pleased to Direct That the said Treaties be forthwith Reprinted Given at the Court at Whitehall the First day of March 1684 5. SUNDERLAND SEVERAL TREATIES OF PEACE and COMMERCE Concluded between the late KING Of Blessed Memory Deceased AND OTHER PRINCES and STATES Reprinted and Published by His Majesties Especial Command LONDON Printed by the Assigns of John Bill deceas'd and by Henry Hills and Thomas Newcomb Printers to the Kings most Excellent Majesty 1685. Table of the TREATIES TReaty of Peace and Commerce with Spain 1667. Pag. 1. Treaty of Peace with France 1667. pag. 39. Treaty of Peace with Denmark 1667. pag. 49. Treaty of Peace with Holland 1667. pag. 55. Treaty of Navigation and Commerce with Holland 1667. pag. 79. Treaty of Navigation and Commerce with Holland 1667 8. pag. 93. Treaty of Friendship and Commerce with Savoy 1669. pag. 107. Treaty with Spain for settling Differences in America 1670. pag. 123. Treaty of Alliance and Commerce with Denmark 1670. pag. 131. Treaty of Peace with Tunis 1674 5. pag. 157. Treaty of Peace and Commerce with Tripoli 1676. pag. 163. Treaty of Peace with Holland 1673 4. pag. 177. Treaty Marine with Holland 1674. pag. 185. Explanatory Declaration of the Marine Treaties with Holland 167â— pag. 201. Capitulations and Articles of Peace with the Ottoman Empire 1675. pag. 203. Treaty Marine with France 1676 7. pag. 243. Treaty of Peace and Commerce with Algiers 1682. pag. 257. Articles of Peace Commerce and Alliance between the Crowns of Great Britain and Spain Concluded in a Treaty at Madrid the 13 23 of May in the Year of our Lord God 1667. I. FIrst It is Agreed and Concluded That from this day forward there shall be between the two Crowns of Great Britain and Spain a General Good Sincere True A perfect Friendship and Peace Firm and Perfect Amity Confederation and Peace which shall endure for ever and be observed inviolably as well by Land as by Sea and Fresh-waters and also between the Lands Countries Kingdoms Dominions and Territories belonging unto or under the Obedience of either of them And that their Subjects People and Inhabitants respectively of what condition degree or quality soever from henceforth reciprocally shall help assist and shew to one another all manner of Love good Offices and Friendship II. That neither of the said Kings nor their respective People Subjects or Inhabitants within their Dominions upon any pretence may in publick or secret do or procure to be done any thing against the other in any Place by Sea or Land nor in the Ports or Rivers of the one or the other but shall treat one another with all Love and Friendship Free Passage and Trade and may by Water and by Land freely and securely pass into the Confines Countries Lands Kingdoms Islands Dominions Cities Towns Villages Wall'd or without Wall Fortified or Unfortified their Havens and Ports where hitherto Trade and Commerce hath been accustomed and there Trade Buy and Sell as well of and to the Inhabitants of the respective Places as those of their own Nation or any other Nation that shall be or come there III. That the said Kings of Great Britain and Spain shall take care that their respective People and Subjects from henceforward do abstain from all Force Violence or Wrong and if any Injury shall be done by either of the said Kings or by the People or Subjects of either of them to the People or Subjects of the other against the Articles of this Alliance or against common Right there shall not therefore be given Letters of Reprisal Marque or Counter-marque by any of the Confederates until such time as Justice is sought and followed in the ordinary course of Law Letters of Marque when to be granted But if Justice be denied or delayed then the King whose People or Inhabitants have received harm shall ask it of the other by whom as is said the Justice shall have been denied or delayed or of the Commissioners that shall be by the one King or the other appointed to receive and hear such Demands to the end that all such Differences may be compounded in Friendship or according to Law But if there should be yet a delay or Justice should not be done nor Satisfaction given within six Months after having the same so demanded then may be given Letters of Reprisal Marque or Counter-marque IV. That between the King of Great Britain Free Trade and Commerce and the King of Spain and their respective People Subjects and Inhabitants as well upon Sea as upon Land and Fresh-water in all and every their Kingdoms Lands Countries Dominions Confines Territories Provinces Islands Plantations Cities Villages Towns Ports Rivers Creeks Bays Straights and Currents where hitherto Trade and Commerce hath been accustomed there shall be free Trade and Commerce in such way and manner that without safe Conduct and without general or particular Licence the People and Subjects of each other may freely as well by Land as by Sea and Fresh-water Navigate and go into their said Countries Kingdoms Dominions and all the Cities Ports Currents Bays Districts and other Places thereof and may enter into any Port with their Ships laden or empty Carriage or Carriages wherein to bring their Merchandise and there buy and sell what and how much they please and also at just and reasonable Rates provide themselves with Provisions and other necessary things for their subsistence and Voyage and also may repair their Ships and Carriages and from thence again freely depart with their Ships Carriages Goods Merchandise and Estate and return to their own Countries or to such other Place as they shall think fit without any Molestation or Impediment so that they pay the Duties and Customs which shall be due and saving to either side the Laws and Ordinances of their Country V. Item No Customs to be paid but what the Natives pay It is likewise Agreed That for the Merchandises which the Subjects of the King of Great Britain shall buy in Spain or other the Kingdoms or Dominions of the King of Spain and shall carry in their own Ships or in Ships hired or lent unto them no new Customs Toll Tenths Subsidies or other Rights or Duties whatsoever shall be taken or increased other then those which in the like case the Natives themselves and all other Strangers are obliged to pay and the Subjects aforesaid buying selling and contracting for their Merchandises as well in respect of the Prices as of all Duties to be paid shall enjoy the same Priviledges which are allowed to the natural Subjects of Spain and may buy and lade
in any Vessels or Ships belonging to the People of the one or the other which shall enter into their Regions Dominions or respective Ports until their said Ships or Vessels are unladen or until they have carried on Shore all the Lading and Merchandise which they declare they resolve to disembarque in the said Port nor shall the Captain Master or any other of the Company of the said Ships be Imprisoned or they or their Boats detained on Shore but in the interim Officers of the Custom-house may be put on Board the said Vessels or Ships so they exceed not the number of three for each Ship to see that no Goods or Merchandise be Landed out of the said Ships or Vessels without paying such Duties as by these Articles either Party is obliged to pay which said Officers are to be without any charge to the Ship or Ships Vessel or Vessels their Commanders Mariners Company Merchants Factors or Proprietors And when it happens that the Master or Owner of any Ship shall declare the whole Lading of his said Ship is to be Discharged in any Port the Entry of the said Lading shall be made in the Custom-house after the usual manner and if after the Entry made any other Goods be found in the said Ship or Ships more then what are contained in the said Entry eight working Days shall be allowed them on which they may work which shall be reckoned from the Day they began to unlade to the end that the concealed Goods may be Entred and the Confiscation of them prevented and in case that in the time limited the Entry or Manifestation of them shall not have been made then such particular Goods only which shall be found as aforesaid though the unlading be not finished shall be Confiscated and not any other nor shall other trouble be given or punishment inflicted on the Merchant or Owner of the Ship and when the Ships or Vessels are reladen they may have freedom to go out again XI That the Ship or Ships appertaining to the one or the other King English not obliged to Register or Pay for any Goods but such as they shall unlade or to their respective People and Subjects that shall enter into any Ports Lands or Dominions of the one or the other and shall Discharge any part of their Goods and Merchandises in any Port or Haven being consigned with the rest to other Places within or without the said Dominions shall not be obliged to Register or Pay the Rights of any other Goods or Merchandise then of that which they shall unlade in the said Port or Haven nor be constrained to give Bond for the Goods they shall carry to other Places nor any other Security if it be not in case of Felony Debt Treason or other capital Crime XII Whereas the one moiety of the Custom of all Foreign Goods and Merchandises Imported into England is allowed and returned back to the Importer if the said Goods be Exported out of the said Kingdom within twelve Months after the first Landing upon Oath made that they are the same Goods which paid Custom in wards and that if they be not Re-shipt within the said twelve Months Goods Landed which have paid Custom and shall afterwards be carried to any other Place to pay no surther Duties yet they may at all times be Exported without paying any Custom or Duty outwards It is therefore Agreed That if any the Subjects of the King of Great Britain shall hereafter Land any Goods or Merchandise of what growth or nature soever they be in any of the Ports of his Catholique Majesty and having Entred them and paid the Custom which by this Treaty ought to be paid and shall afterwards desire to Transport them or any part of them to any other Place whatsoever for a better Market it shall and may be lawful for him or them so to do freely without paying or being demanded any other Custom or duty at all for the same he or they making Oath if required thereunto that they are the same Goods for which Custom was paid at their Landing And in case that the Subjects People and Inhabitants of the Dominions of either part shall unlade or have in any City Town or Village respectively any Goods Merchandises Fruits or Estates and have paid the Customs due according to what hath been declared and after that not being able to put them off shall resolve to remit them to some other City Town or Village of the said Dominions they may not onely do it without difficulty or impediment and without paying other Rights then what were due at their Entry but likewise the Custom or Rights shall not be paid again in any other part of the said Dominions bringing Certificates from the Officers of the Custom-house that they were paid before in the due form And the chief Farmers and Commissioners of the King of Spain's Rents in all Places or some other Officer or Officers to be appointed for that purpose shall at all times permit and suffer the Transportation of all such Goods and Merchandises from Place to Place and give sufficient Certificate to the owners thereof or their Assigns of their having paid their Custom at their first Landing whereby they may be carried to and Landed at any other Port or Place of the said Jurisdiction free from all Duties or Impediments whatsoever as aforesaid saving always the Right of any third person XIII That it shall be lawful for the Ships belonging to the Subjects of the one or the other King to Anchor in the Roads or Bays of either without being constrained to enter into Port and in case they be necessitated to enter thereinto either by distress of Weather fear of Enemies Pirates or any other Accident in case the said Ships be not bound to an Enemies Port and carrying thither Contraband Goods whereof without some clear proof they shall not be questioned it shall be lawful for the said Subjects to return to Sea freely when they please with their Ships and Goods so as they do not break Bulk or expose any thing to Sale and that when they cast Anchor Ships to Anchor freely in any Port or Road. or enter the Ports aforesaid they be not molested or visited and it shall suffice that in this case they shew their Passports or Sea-papers which being seen by the respective Officers of either King the said Ships shall return freely to Sea without any molestation XIV And if any Ship or Ships belonging to the Subjects and Merchants of the one or the other entring into Bays or in the open Sea shall be Encountred by the Ships of the said Kings or of Privateers their Subjects Ships how to be visited at Sea the said Ships to prevent all Disorders shall not come within Canon-shot but shall send their Long-Boat or Pinnace to the Merchant-Ship and onely two or three Men on Board to whom the Master or Owner shall shew his Pasports and Sea-Letters according
to the Form which shall be inserted at the end of this Treaty whereby not only the Ships Lading but the Place to which she belongs and as well the Master and Owners Name as the Name of the Ship may appear by which means the quality of the Ship and her Master or Owner will be sufficiently known as also the Commodities she carries whether they be Contraband or not to the which Passports and Sea-Letters intire faith and credit shall be given so much the rather for that as well on the part of the King of England as of the King of Spain some Counter-signs shall be given if it shall be found necessary whereby their authenticalness may the better appear and that they may not be in any wise falsified XV. If any prohibited Merchandise or Goods shall be Exported from the Kingdoms Prohibited Goods Exported to be Confiscated Dominions and Territories of either of the said Kings by the respective People or Subjects of the one or the other in such case the prohibited Goods shall be onely Confiscated and not the other Goods neither shall the Delinquent incur any other Punishment except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain the proper Coin Wooll In case Coin Wooll or Fullers-Earth be Exported the Laws of the Country to take place or Fullers-Earth of the said Kingdoms or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any Gold or Silver wrought or unwrought in either of which cases the Laws of the respective Countreys are to take place XVI That it shall be lawful for the People and Subjects of both Kings Ships to remain freely in each others Ports and depart again to have access to the respective Ports of the one and the other and there remain and depart again with the same freedom not onely with their Ships and other Vessels for Trade and Commerce but also with their other Ships fitted for War Armed and disposed to resist and engage the Enemy and arriving by stress of Weather to repair their Ships or furnish themselves with Provisions so that entring willingly they be not so numerous that they give just occasion of suspition to which end they are not to exceed the number of Eight nor continue in their Havens nor about their Ports longer time then they shall have just cause for the repair of their Ships to take in Provisions or other necessary things much less be the occasion of interrupting the free Commerce and coming in of other Ships of Nations in Amity with either King Concerning Men of War coming into Ports and when an unusual number of Men of War by accident shall come unto any Port it shall not be lawful for them to come into the said Ports or Havens not having first obtained permission of the King unto whom the said Ports do belong or the Governours of the said Ports if they be not forced thereinto by stress of Weather or other necessity to avoid the danger of the Sea and in such ease they shall presently acquaint the Governour or chief Magistrate of the Place with the cause of their coming nor shall they remain there any longer time then the said Governour or Magistrate shall think convenient or do any act of Hostility in such Ports that may prove of prejudice to the one or the other of the said Kings XVII That neither the said King of Great Britain nor the King of Spain by any Mandate general nor particular nor for any cause whatsoever shall Embarque or detain hinder or take for his respective Service No Merchants Pilots c. to be Pressed any Merchant Master of a Ship Pilot or Mariner their Ships Merchandise Clothes or other Goods belonging unto the one or the other in their Ports or Waters if it be not that either of the said Kings or the Persons to whom the Ships belong be first advertised thereof and do agree thereunto Provided that this shall not be construed to hinder or interrupt the ordinary course of Justice and Law in either Country XVIII That the Merchants and Subjects of the one and the other King their Factors and Servants Merchants Seamen c. to have liberty to carry Arms. as also their Ships Masters or Mariners may as well going as coming upon Sea and other Waters as in the Havens and Ports of the one and the other respectively carry and use all kind of Arms Defensive and Offensive without being obliged to Register them as also upon Land to carry and use them for their Defence according to the custom of the Place XIX That the Captains About Differences between Captains and Masters of Ships and their Men. Officers and Mariners of the Ships belonging to the People and Subjects of either Party may not commence an Action nor hinder or bring trouble upon their own Ships their Captains Officers or Mariners in the respective Kingdoms Dominions Lands Countries or Places of the other for their Wages or Salaries or under any other pretence Nor may they put themselves or be received by what pretext or colour soever into the Service or Protection of the King of England or King of Spain or their Arms but if any Controversie happen between Merchants and Masters of Ships or between Masters and Mariners the composing thereof shall be left to the Consul of the Nation but after such manner as he who shall not submit to the Arbitrement may appeal to the ordinary Justice of the Place where he is subject XX. And to the end that all Impediments be taken away Concerning Trading to Flanders and that the Merchants and Adventurers of the Kingdoms of Great Britain be permitted to return to Brabant Flanders and other the Provinces of the Low-Countries under the Jurisdiction of the King of Spain Forasmuch as it hath been thought convenient that all and any the Laws Edicts and Acts by which the Importation of Cloth or any Cloth or any other Woollen Manufacture of what kind soever Dyed or Undyed Mill'd or Unmill'd into Flanders or the other Provinces hath been prohibited be revoked and disanull'd and that if any Right Tribute Imposition Charge or Money hath been with permission or otherwise put upon Cloths or any of the aforesaid Woollen Manufactures so Imported except the ancient Tribute upon every piece of Cloth and proportionably upon every other Woollen Manufacture agreeable to the ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries the same should be altogether void and no such Tribute or Imposition from henceforth imposed or put upon the said Clothes or Manufactures for no cause or pretext whatsoever And that all the English Merchants Trading in any of the said Provinces their Factors Servants or Commissioners should enjoy from henceforward all the Priviledges Exemptions Immunities and Benefits which formerly have been agreed and given by the
aforesaid ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries It is therefore Agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour of those Provinces for the time being or any other Ministers of the King of Spain sufficiently authorised in this behalf shall friendly Treat and Conclude hereupon and also such further Priviledges Immunities and necessary Exemption suitable to the present state of Affairs shall be granted for the encouragement of the said Merchants and Adventurers and for the security of their Trade and Commerce as shall be agreed upon in a special Treaty that shall be made between both the Kings touching this Particular XXI The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively Freedom of Trade to Places in Amity or Neutrality with either Party shall with all security and liberty Sail to and Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII And they shall not be disturbed or disquieted in that liberty Not to be disturbed in that liberty by the Ships or Subjects of the said Kings respectively by reason of the Hostilities which are or may be hereafter between either of the said Kings and the aforesaid Kingdoms Countries and States or any of them which shall be in Friendship or Neutrality with the other XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned Contraband Goods and no other to be Confiscated being of Contraband and Prohibited they shall be taken out and Confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either Seized or Confiscated XXIV Moreover for better prevention of the Differences which might arise touching the meaning of forbidden Merchandise and of Contraband It is Declared and Agreed What are Contraband Goods That under this Name shall be comprehended all Fire-Arms as Ordnance Musquets Mortar-pieces Petards Bombs Granadoes Fire-crancels Fire-balls Musquet-rests Bandeliers Gunpowder Match Salt-petre and Bullets Likewise under the Name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this Name is likewise forbidden the Transportation of Souldiers Horses their Harnesses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise Exceptions to the above-mentioned Article to prevent all manner of Dispute and Contention It is Agreed That under the Name of forbidden Merchandise and of Contraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyl and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the Transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be Besieged and blocked up or surrounded XXVI It is also Agreed Goods belonging to either Party found on Enemies Ships to be Confiscated That whatsoever shall be found Laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain Aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be Confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain The power of the respective Consuls for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same Power and Authority in the execution of his Charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much Authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other Business Merchants not to be molested for Religion should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publick scandal or offence And the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publick scandal or offence XXIX That the People and Subjects respectively of one Kingdom Merchandises to be paid for onely in such Coin as shall be agreed upon in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other Species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers Merchants c. freely to enjoy their Houses Ware-houses c. And the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Warehouses and Magazines for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI To employ such Proctors Agents c. as they shall think fit The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the Obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left
Mighty Prince Frederick III. King of Denmark and Norway Concluded 21 31 day of July 1667. I. FIrst It is Covenanted Perpetual Peace Concluded and Agreed That there be from this Day a perpetual firm and inviolable Peace between the Most Serene and Most Mighty Prince Charles the Second King of Great Britain and the Most Serene and Most Mighty Prince Frederick the Third King of Denmark and Norway between their Heirs and Successors and their Kingdoms Principalities Earldoms Islands Cities Forts Lands Subjects and Inhabitants of what State and Quality soever And so as to maintain and promote each others good no less then their own and to avert and hinder with all possible study the damage and destruction of one another And in this respect it shall be free for the Subjects of either King to exercise a mutual Navigation and Commerce without molestation and with their Merchandises to come to each others Kingdoms Provinces Marts Ports and Rivers and there to abide and Traffick II. At this present shall cease between the aforesaid Kings Hostilities to cease when and where and their Kingdoms Principalities Earldoms People and Subjects both by Land and Sea all Enmity War and Hostility that is to say in the Northern Ocean and in the Baltick Sea and the Channel within Twenty one Days from the Mouth of the said Straight or Channel to the Cape of St. Vincent within Six Weeks and then within the space of Ten Weeks beyond the said Cape on this side the Aequinoctial Line or Aequator as well in the Ocean as the Mediterranean Sea Finally within the space of Eight Months beyond the Bounds of the aforesaid Line all over the World without any exception or further distinction of Time or Place all Days Weeks and Months to be computed from the Subscription of the present Agreement Restitution of what shall be taken after these Terms respectively and the Publication of the fame here made at Breda And whatsoever shall be taken and seized after the aforesaid Days by either King or their Subjects to whom Commissions have been granted it shall be wholly restored back again to him or them from whom the same was taken and furthermore full Satisfaction shall be made for the Damages to him or them thereby arising or the Charges they have been at and every person herein offending shall be punished as his Offence deserves III. It is also Agreed and Concluded Injuries to be forgotten That all Differences on both Sides Suspitions and Ill-will both on the part of the Most Serene King of Great Britain and on the part of the Most Serene King of Denmark c. and likewise for singular the Ministers Officers and Subjects of them be buried and abolished by a perpetual Oblivion And further from this present shall expire be annulled and for ever cancelled all Damages Offences Injuries by Word or Writing that either the one has done the other or has been suffered by the one from the other from the very first beginning of the now ceasing War to this Day and the determined point of Time wherein all Dissentions Discords Differences and Enmities shall cease and be laid aside By name the Assault and Defence made at Bergen in Norway and in whole whatsoever either followed from thence or does thereon depend in such manner as that neither of the said Parties by reason of any Damage of this kind Offence or Charges do under any pretence whatsoever cause the other any trouble much less for this cause endeavour or attempt any kind of Hostility IV. All Prisoners on both Sides of whatsoever Fortune or Rank Prisoners to be released shall be forthwith set at liberty without any Ransom V. All Ships Goods or the like Concerning the Goods and Debts that have been Confiscated that in this turbulent Season in the heat of this very War between both the above-mentioned Kings and their Subjects have been taken by the one from the other or that either Party has Confiscated and Seized of the Goods and Pretensions of Persons or Subjects of the other Nation as also all the Expences of War on both Sides shall be compensated by a like mutual Abolition In such manner as are together comprehended in this Compensation those Debts of the Subjects of the King of Great Britain which have been on the part of Denmark Confiscated but in this sence That whatever Debts of this kind unto the Tenth Day of May Old Stile and Twentieth New Stile by virtue of Confiscation or Reprisals have been by Subjects paid and Received do remain utterly abolished and satisfied and that it be not lawful for the Creditors of such Debts for the future to pretend any thing upon this account much less to urge payment of such for any reason or under any pretence whatsoever But of such Debts as on the said Day have not been paid and received it shall be lawful for the Creditors Subjects of the King of Great Britain to demand and prosecute the Payment Abolition of a Debt due from Denmark to the Parliament of England by the ordinary way of Justice Excepting nevertheless 120000 Rixdollars more or less namely accruing from a certain Controversie which arose between Christian the Fourth of most glorious Memory King of Denmark and Norway and the Parliament of England by reason of sending Aid to Charles the First of most glorious Memory King of Great Britain for which the King of Denmark and Norway bound himself and gave his Bond to a Company of certain English Merchants Trading at Hamburgh and there either now living or that have heretofore lived which Claim of 120000 Rixdollars or thereabouts being Confiscate shall be now by virtue of the present Treaty accounted as null dead and utterly abolished in such manner that the Creditors of that Debt are not either now or at any time hereafter therefore to demand or pretend any thing In like manner as is also Covenanted and Agreed in most significant Words That no Pretension shall be at any time made by reason of such Ships and Goods so Seized and Debt or Money Lent in such manner as aforesaid Abolished and Confiscated but that all shall on both Sides by a Solemn Compensation be for ever accounted as null and void Yet so that Lands and immoveable Goods be not comprehended in the aforesaid Voidance and Annullation but that they be without any difficulty or impediment restored back to those who before the Denouncing of the present War were the Possessors and Proprietors of them VI. It is Covenanted and Agreed on both Sides That under the last mentioned Compensation neither Countries nor Islands nor Cities nor Forts nor Ports nor other like Places are to be understood But if it shall be found Restitution of Places That either Party during this War hath either taken any such in or out of Europe or may yet take within the time limited in the second Article whatsoever it be it shall be without any Compensation and
their publick and authentick Letters shall make known and declare unto the other Rebels or Fugitives upon notice to be Banished that any person or persons are or have been a Rebel or Rebels Fugitive or Fugitives and that they or any of them have been received or reside lie hid or seek shelter in their Jurisdictions Lands Countries Sea-Ports or in any of them then that Party who shall have received such Letters or to whom such notice shall be given or declaration made shall within the space of Twenty eight days to be accounted from the day that such notice was given be bound to Charge and Command such Rebel or Rebels Fugitive or Fugitives to withdraw and depart out of their Jurisdictions Lands Dominions Countries and every of them And in case any of the said Rebels or Fugitives do not withdraw and depart within Fifteen days after such Charge or Command so given then that they be punished with Death and loss of Lands and Goods XVII That no Rebel of the said King of Great Britain shall be received into any of the Castles Rebels not to be received or harboured Cities Havens Jurisdictions or other Places Priviledg'd or not Priviledg'd which any person of what Dignity or Degree soever he be or shall be hath within the Dominions or Territories of the United Provinces by what Right or Title soever he doth or shall hold or possess the same nor be permitted to be received into or remain in them by any person of what Quality or Degree soever he be Neither shall the said States General permit or suffer that in any of the aforesaid Places any Assistance Counsel or Favour with Ships Souldiers Money or Provision or in any other manner be given or afforded unto any such Rebel by any person of what Degree or Quality soever he be but shall openly and expresly forbid and effectually hinder the same And if any person or persons of what Degree or Quality soever they be dwelling or remaining within the Dominions of the said United Provinces or under their Command shall Act any thing contrary to this Agreement That then all and singular such persons so doing shall for term of their Lives respectively lose and forfeit all such Castles Towns Villages Lands and other Places which they or any of them at that time have or pretend to have by what Right or Title soever In like manner no Rebel of the said States of the United Provinces shall be received into any Castles Towns Havens or other Places or any of them Priviledg'd or not Priviledg'd which any person or persons of what Degree or Quality soever they be and by what Right or Title soever he or they do or shall hold and possess within the Kingdoms or Dominions of His said Majesty of Great Britain Nor shall such Rebel be suffered to be received by any person or persons whatsoever or there to remain neither shall the King of Great Britain permit or suffer that any Counsel Assistance or Favour in any of the said Places with Ships Men Money Victuals or in any other manner be given or afforded unto any such Rebel by any such person or persons of what Degree or Quality soever they be but shall openly and expresly forbid and effectually hinder the same And in case any of the Subjects of the said King or within his Dominions shall do or attempt any thing against this Agreement That all and every person so offending shall in like manner for their respective Lives lose and forfeit all such Castles Cities Towns Lands and other Places which they or any of them at that time hath or shall pretend to have by any Right or Title whatsoever XVIII That the said King of Great Britain and His Subjects Freedom of Passage and Trade and all the Inhabitants of His Majesties Dominions and also the said United Provinces and their Subjects and Inhabitants of what Rank or Condition soever they be shall be bound to use each other kindly and friendly in every thing so that they may freely and safely pass by Land or by Water into each others Countries Cities Towns Walled or Unwalled Fortified or not Fortified and their Havens and all other their Dominions situate in Europe to continue and abide therein so long as they shall please and may there buy so much Provisions as are necessary for their use without any hindrance and that likewise they may Trade and Traffick in Goods and Commodities of all sorts as to them shall seem fit and them to Export and Import at their pleasure paying the usual Duties saving to each Country their particular Laws and Customs No more Customs to be paid but what other Foreign Nations pay Provided that the Subjects and Inhabitants of either Side exercising their Trade in each others Countries and Dominions shall not be obliged hereafter to pay any more Customs Impost or other Duties then according to that proportion which other Foreign Nations Trading in the said Places do usually pay XIX That the Ships and Vessels of the said United Provinces as well Men of War as others Dutch to Strike meeting any Men of War of the said King of Great Britain's in the British Seas shall Strike the Flag and Lore the Top-Sail in such manner as the same hath been formerly observed in any Times whatsoever XX. And for the greater freedom of Commerce and Navigation No Pirates to be Protected it is Agreed and Concluded That the said King of Great Britain and the said States General shall not receive into their Havens Cities and Towns nor suffer that any of the Subjects of either Party do receive Pirates or Sea-Rovers or afford them any Entertainment Assistance or Provision but shall endeavour that the said Pirates and Sea-Rovers or their Partners Sharers and Abettors be found out Apprehended and suffer condign Punishment for the terrour of others And all the Ships Goods and Commodities Piratically taken by them and brought into the Ports of either Party which can be found nay although they be sold shall be restored to the right Owners or Satisfaction shall be given either to their Owners or to those who by Letters of Attorney shall challenge the same Provided the Right of their Propriety be made to appear in the Court of Admiralty by due Proofs according to Law XXI It shall not be permitted to the Subjects of the said King of Great Britain and the Inhabitants of the Kingdoms and Countries under His Obedience or to the Inhabitants and Subjects of the said United Provinces to do or offer any Hostility or Violence to each other The Subjects of either Party not to take Commissions from any Prince in War with the other Party either by Land or by Sea upon any pretence or colour whatsoever And consequently it shall not be lawful for the said Subjects or Inhabitants to get Commissions or Letters of Reprizal from any Prince or State with whom either of the Confederates are at Difference or in
open War and much less by virtue of those Letters to molest or damnifie the Subjects of either Party Neither shall it be lawful for any Foreign Private Men of War who are not Subjects to one nor the other Party having Commissions from any other Prince or State to Equip their Ships in the Harbours of either of the aforesaid Parties or to sell or ransom their Prizes or any other way to Truck as well the Ships and Goods as any other Lading whatsoever And it shall not be lawful for them to buy any Victual but what shall be necessary to bring them to the next Port of that Prince from whom they obtained their said Commissions Concerning other Privateers and their Prizes And if perchance any of the Subjects of the said King of Great Britain or of the said States General shall buy or get to themselves by Truck or any other way such Ship or Goods which have been taken by the Subjects of one or the other Party in such case the said Subject shall be bound to restore the said Ship or Goods to the Proprietors without any delay and without any Compensation or Reimbursement of Money paid or promised for the same Provided that they make it appear before the Council of the said King of Great Britain or before the said States General that they are the right Owners or Proprietors of them XXII That in case the said King of Great Britain Notice to be given of any Treaty with any other Prince or the said States General do make any Treaty of Amity or Alliance with any other Kings Republicks Princes or States they shall therein comprehend each other and their Dominions if they desire to be therein comprehended and shall give to the other notice of all such Treaties or Friendship and Alliance XXIII That in case it happen during this Friendship If any thing be done in Contravention to this Treaty by any of the Subjects of either Party he or they shall be punished Confederacy and Alliance any thing shall be done or attempted by any of the Subjects or Inhabitants of either Party against this Treaty or any part thereof by Land Sea or Fresh-waters That nevertheless this Amity and Alliance between the said Nations shall not thereby be broken or interrupted but shall remain and continue in its full force and that onely those particular persons shall be punished who have committed any thing against this Treaty and none else and that Justice shall be rendred and Satisfaction given to all persons concerned by all such who have committed any thing contrary to this Treaty by Land or Sea or other Waters in any part of Europe or any Places within the Straits or in America or upon the Coasts of Africa or in any Lands Islands Seas Creeks Bays Rivers or in any Places on this side the Cape of Good Hope within Twelve Months space after Justice shall be demanded And in all Places whatsoever on the other side the Cape as hath been abovesaid within Eighteen Months next ensuing after demand of Justice shall be made in manner aforesaid But in case the Offenders against this Treaty do not appear and submit themselves to Judgment and give Satisfaction within the respective Times above expressed proportionable to the distance of the Places they shall be declared Enemies of both Parties and their Estates Goods and Revenues whatsoever shall be Confiscated for due and full Satisfaction of the Injuries and Wrongs by them offered and their Persons also when they come within the Dominions of either Party shall be liable unto such Punishments as every one shall deserve for his respective Offences XXIV That the Subjects of the said King of Great Britain and those which are under His Jurisdiction The Subjects of either Party to Travel freely in each others Territories in Europe may freely and securely Travel in all the Provinces of the Low-Countries and all their Dominions in Europe and through them by Sea or Land pass to other Places there or beyond them and through all Quarters of the United Provinces Cities Forts or Garrisons whatsoever which are in any Parts of the United Provinces or elsewhere in their Dominions in Europe as well they themselves exercising Trade in all those Places as their Agents Factors and Servants may go Armed or Unarmed but if Armed not above Fourty in a Company as well without their Goods and Merchandises as with them wheresoever they please The People also and Inhabitants of the United Provinces shall enjoy the same liberty and freedom in all the Dominions of the said King in Europe Provided that they and every of them do in their Trade and Merchandising yield Obedience to the Laws and Statutes of either Nation respectively XXV That in case the Merchant-Ships of the Subjects of either Nation shall by Storm Pirates Freedom of Ports or any other Necessity whatsoever be driven into any Haven of either Dominion they may depart securely and at their pleasure with their Ships and Goods without paying any Customs or other Duties Provided they break no Bulk nor sell any thing nor shall they be subject to any Molestation or Search provided they do not receive on Board any Persons or Goods nor do any thing else contrary to the Laws Ordinances or Customs of the Places where they as aforesaid shall happen to arrive XXVI That the Merchants Seamen c. nor to be Pressed Masters and Seamen of either Party their Ships Goods Wares or Merchandises shall not be Arrested or Seised in the Lands Havens Roads or Rivers of the other to Serve at War or any other use by virtue of any general or special Command unless upon an extraordinary Necessity and that just Satisfaction be given for the same but so as the same shall not derogate from the Seisures and Arrests duely made in the ordinary Courts of Justice of either Nation XXVII That the Merchants on both Sides Seamen c. to carry Arms. their Factors and Servants and also the Masters and other Seamen as well going as returning by Sea and other Waters as also in the Havens of either Party or going on Shore may carry and use for the defence of themselves and Goods all sorts of Weapons as well Offensive as Defensive but being come into their Lodgings or Inns they shall there lay by and leave their Arms until they be going on Board again XXVIII That the Men of War To Convoy each other or Convoys of either Nation meeting or overtaking at Sea any Merchants Ship or Ships belonging to the Subjects or Inhabitants of the other holding the same Course or going the same Way shall be bound as long as they keep one Course together to protect and defend them against all and every one who would set upon them XXIX That if any Ship or Ships of the Subjects or Inhabitants of either Nation or of a Neuter About Ships taken in either Parties Harbours be taken by a third Party in
the Dutch may bring in their Ships into England For the Encouragement of Navigation in his own Subjects whereby Strangers are prohibited to Import any Commodities into England but such as are of their own Growth or Manufacture it may be lawful for the States General and their Subjects to carry also into England in their Ships all such Commodities as growing being produced or manufactured in Lower or Upper Germany are not usually carried so frequently and commodiously unto Sea-Ports thence to be Transported to other Countries any other way but through the Territories and Dominions of the United Netherlands either by Land or by Rivers III. Whereas the King of Great Britain hath heretofore pressed That Merchandise and Commodities on both Sides might be reduced to a certain and convenient Rule the States General also have always aim at the same Mark That Merchandise should be bounded and circumscribed within some certain Laws of perpetual Observation And yet that Business seems to require longer attention and labour then that it can be speedily dispatcht to the satisfaction of both Parties Commissioners for the Regulation of Trade to be appointed They are both content to remit the same unto a fitter Occasion that Commissioners on both Sides may meet together assoon as may be after this Peace is Concluded who may Resolve and Agree about specifying and circumscribing the Species of Commodities and the Laws of Navigation and may set the same down in new and mutual Covenants Yet lest in the mean time the Inhabitants and Subjects of both Parties should be in suspence and doubt as not knowing what kinds of Commodities it may be lawful or unlawful to carry or supply unto the Enemy of either Party after the manner and form of Warlike Provisions or Succours or under the title or pretence of Merchandise It is likewise Covenanted and Agreed That the Treaty of Navigation and Commerce made between the Most Christian King and the said States General beginning from the 26. unto the 42. Article inclusively in that manner and tenor wherein they follow here inserted in the French Language may provisionally serve for a Rule and Law and so make way for the perfecting of a larger and fuller Treaty concerning Maritime Commerce between the above-mentioned Parties The foresaid Articles follow 26. All the Subjects and Inhabitants of France may with all safety and freedom Sail and Traffick in all the Kingdoms Freedom of Trade with Places in Peace Amity or Neutrality Countries and Estates which are or shall be in Peace Amity or Neutrality with France without being troubled or disquieted in that Liberty by the Ships Gallies Frigats Barques or other Vessels belonging to the States General or any of their Subjects upon occasion and account of the Hostilities which may hereafter happen between the said States General and the abovesaid Kingdoms Countries and Estates or any of them which are or shall be in Peace Amity or Neutrality with France 27. This Transportation and Traffick shall extend to all sorts of Merchandise except those of Contraband 28. This term of Contraband Goods is understood to comprehend onely all sorts of Fire-Arms and their Appurtenances Contraband Goods as Cannon Musquets Mortar-Pieces Petards Bombs Granadoes Saucisses Pitched Hoops Carriages Rests Bandeliers Powder Match Salt-petre Bullets Pikes Swords Morions Head-pieces Cuirasses Halberts Javelins Horses great Saddles Holsters Belts and other Utensils of War 29. In this quality of Contraband Goods these following shall not be comprehended Wheat Corn c. no Contraband Goods Wheat Corn and other Grain Gums Oyls Wines Salt nor generally any thing that belongs to the nourishment and sustenance of Life but shall remain free as other Merchandise and Commodities not comprehended in the precedent Article and the Transportation of them shall be permitted even unto Places in Enmity with the said States General except such Cities and Places as are Besieged Blocked up or Invested 30. It hath been Agreed That the Execution of what is abovesaid shall be performed in the manner following Ships entring into Port with intention to pass to an Enemies Port not to be Scarched upon shewing their Passports That the Ships and Barques with the Merchandise of his Majesties Subjects being entred into any Port of the said States General and purposing to pass from thence unto the Ports of the said Enemies shall be onely obliged to shew unto the Officers of the Port of the said States out of which they would go their Passports containing the Specification of the Lading of their Ships attested and marked with the ordinary Seal and Signing acknowledged by the Officers of the Admiralty of those Places from whence they first came with the Place whither they are bound all in the usual and accustomed Form After which shewing of their Passports in the Form aforesaid they may not be disquieted nor searched detained nor retarded in their Voyages upon any pretence whatsoever 31. The same course shall be used in regard of the French Ships and Barques which shall come into any Roads of the Countries under the Obedience of the said States The same concerning Ships coming into Roads not to give an account of their Lading not intending to enter into the Ports or being entred thereinto not to unlade and break Bulk which Ships may not be obliged to give account of their Lading but in case of suspicion that they carry unto the Enemies of the said States any Contraband Goods as was abovesaid 32. And in case of such apparent suspicion Nor to shew Passports but in case of suspicion the said Subjects of His Majesty shall be obliged to shew in the Ports their Passports in the Form above specified 33. But if they were come within the Roads Ships at Sea how to be Visited or were met in the open Sea by any of the said States Ships or Private Men of War their Subjects for avoiding of all Disorder the said Ships of the United Provinces shall come no nearer unto the French Barques then within Cannon-shot and may send their Long-Boat or Shallop on Board the French Ships or Barques and cause onely two or three Men to go on Board unto whom the Passports and Certificates shall be shewn by the Master or Pilot of the French Ship in the manner above specified according to the Form of the said Certificates which shall be inserted at the end of this Treaty by which Passports and Certificates proof may be made not only of the Lading but also of the Place of the Abode and Residence as well of the Master and Pilot as of the Ship it self to the end that by these two ways it may be known whether they carry Contraband Goods and that the quality as well of the said Ship as of its Master and Pilot may sufficiently appear Unto which Passports and Certificates entire faith and credit ought to be given And to the end that their validity may be the better known and that they may not be in
therein contained and concluded shall be Confirmed and Ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged at Breda within the foresaid time and the same shall be Published after the Delivery and Exchange thereof in the usual Form and Place Done at Breda the 21 31 day of July 1667. A Form of the Passports and Certificates that ought to be given in the Admiralty of France to the Ships and Barques that go out thence according to the Article of the present Treaty CAEsar Duke of Vendome Peer and Great Master Chief and Superintendant General of the Navigation and Commerce of France To all who shall see these Presents Greeting We do make known That we have granted leave and permission to _____ Master and Conductor of a Ship called _____ of the City of _____ of the Burthen of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his Departure shall make Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of the Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put into the Registry the Roll Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall make appear to the Officers and Marine Judges concerning the present Licence and shall make them faithful relation of what hath been done and hath passed during his Voyage and shall carry the Flags Arms and Colours both the Kings and Ours throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed Caesar of Vendome And underneath By my Lord Matharel and Sealed with the Seal of the Arms of the said Lord Admiral A Form of the Act containing the Oath WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Made at _____ the day of _____ One thousand six hundred c. Another Form of the Certificates that ought to be given by the Cities and Sea-Ports of the Vnited Provinces to the Ships and Barques that go from thence according to the Article abovesaid TO the Most Serene Most Illustrious Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings commonwealths Princes Dukes Comties Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all good Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomasters and Governors of the City of _____ do make known That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the United Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you all in general and particular that where the abovesaid Master shall arrive with his Ship and Goods it may please them to receive him courteously and use him in due manner suffering him upon the usual Rights of Tolls and other Charges in through and nigh your Ports Rivers and Territories permitting him to Sail Pass Frequent and Trade there where he shall think fit Which we shall willingly acknowledge In witness whereof We have caused the Seal of Our City to be thereunto put Articles touching Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded at the Hague the 7 17 Febr. 1667 8. WHEREAS Preface by the Blessing of Almighty God for the mutual Safety of the two Parties as well as the common Good of Christendom a Perpetual Defensive Treaty was Concluded and Signed on the 23. day of January last past between the Most Serene and Most Potent Prince Charles the Second and the High and Mighty Lords the States General of the United Netherlands with Stipulation of considerable Succours to be mutually given by the Parties as well by Sea as Land And whereas the said King and States did on the same Day and by another Instrument readily Enter into a Solemn Treaty and Agreement for Composing the Affairs of their Neighbours and restoring Peace to Christendom so as nothing seems now remaining that can at any time hereafter interrupt a Friendship and Alliance renewed with so equal Desires unless such Controversies as may otherwise hereafter happen to arise about determining the different sorts and natures of Merchandise which being left dubious and uncertain would give occasion to the further growth of such Differences And therefore that it may appear with what Sincerity and good Faith the said King and the said States desire to Preserve and Entertain not onely for the Present but to all Posterity the Amity they lately Contracted between them they have at last for the taking away all Grounds not onely of Differences and Misunderstandings but even of Questions and Disputes and so utterly to cut off the Hope and Expectation of those whoever they are that may think it their Interest by new Controversies to endeavour the disturbance or interruption of the said Peace mutually Agreed on these following Articles which are to be on both Sides and for ever observed as the Measure and Rule of such Maritime Affairs and mutual Settlement of Trade or at lest so long till by the joynt Consent of both Parties Commissioners be appointed and do meet in order to the framing a more full and ample Treaty concerning this Matter and the Laws and Rules of Commerce and Navigation as by farther Experience shall be found most advantageous to the common Good of both Parties I. ALL the Subjects and Inhabitants of Great Britain may with all safety and freedom English to Trade freely with any Country in Peace or Neutrality with them Sail and Traffick in all the Kingdoms Countries and Estates which are or shall be in Peace Amity or Neutrality with Great Britain without being
under them or by the Merchants or Factors his Majesties Subjects be Landed and brought into the Houses of the said Merchants or Factors or into any Magazines or Warehouses out of their Houses in the said Ports and there conserved and kept by them as long as they please without Confiscation Imposition of Custom or Exaction of any Duty whatsoever To Reexport what they cannot sell Furthermore if all the said things or any part of them shall not be sold in the said Ports it is and shall be lawful for the said Captains Masters Merchants or Factors his Majesties Subjects freely to send all or any part of the said things by Sea to whatsoever other Place they please without paying any Custom Duty or any sort of Imposition whatsoever III. Thirdly That all and every sort and kind of things Goods sold and sent elsewhere by Sea to pay no Imposition and Merchandise which shall be sold in Nizza Villa Franca or S. Hospitio and after the Sale made shall be dispeeded or sent by Sea into the Territories of any other Prince both in respect of the Seller and Buyer shall always be free and clear from all Custom Duty or Imposition whatsoever But as to all those things and Merchandises which after the Sale made in the said Places But such as are carried by Land to be exempt for Ten years only shall pass by Land into the Territories of any other Prince it is also Covenanted and Agreed That during the space of Ten years to ensue from the day of the Publication of this present Agreement all such Goods shall be free and clear from all Custom Duty or Impost whatsoever for their Passage by Land and from any other Penalty whatsoever both in respect of the Buyer and Seller After which to pay one half of what is Imposed by the Tariffe of 1633. Which Ten years being expired if his Royal Highness will not further Confirm this freedom of Passage according to the aforesaid Form and Manner In such case for all and every the said things which after Sale made pass by Land as aforesaid shall be paid only one half of the Imposition or Duty which is exacted for Passage in the Rates or Tariffe Printed in the end of the Order published the 30th October 1633. IV. Fourthly Goods coming from any of the Kings Dominions to be freely sold in all the Dukes Territories All and every sort and kind of things or Merchandise which are produced by Nature or made by Art in any of his Majesties Kingdoms or in any Plantations of the West or East Indies or any other Territories which at present are or hereafter shall be under the Dominion of his Majesty may and shall be freely sold by the Subjects of his Majesty throughout all the Dominions of his Royal Highness and any part of his Territories or Places of Jurisdiction without any Prohibition or Penalty What Goods excepted notwithstanding whatsoever Law or Edict to the contrary Excepted always and only Salt Tobacco Gunpowder Match Birding-shot Bullets Whalebone Cards of all sorts because 't is the Custom to Farm out the Liberty of selling these mentioned things Which may yet be sold to the Farmers of the Liberty of selling those Goods as Monopolies to particular Persons Notwithstanding free leave is granted to his Majesties Subjects according to what is expressed in the second Article to receive and keep within their Houses or Warehouses all the aforesaid forbidden Commodities without any Custom Duty or Penalty Nay further free leave is granted to his Majesties Subjects to sell the said forbidden Commodities to the Monopolists or Farmers themselves But all sorts of Merchandise except the aforesaid Prohibited ones which shall be introduced and brought into the Ports of Villa Franca Nizza or S. Hospitio when they shall be extracted out of the said Ports to the end that they may be vented and sold within the Dominions of his Royal Highness he alone that extracts them All other extracted to be sold to pay half Custom of what is specified in the Tariffe whether he be the Buyer or the Seller shall pay only one half of that Custom or Duty which is specified in that Book of Rates or Tariffe a Printed Copy of which under-written by the Procurator of his Royal Highness was by him delivered to Sir John Finch which Duty or Custom once paid nothing more shall be paid within the Dominions of his Royal Highness either by the Buyer or the Seller for the said Goods or Merchandise with express Declaration All Woollen Manufactures or other Goods not specified in the Tariffe to pay One and a half per Cent. that for all Woollen Manufactures or whatsoever Commodities aforesaid which as it appears are not specified in the aforesaid Books of Rates or Tariffe shall be paid Duty or Custom one and a half per Centum that is half only of the Three per Centum imposed upon all Commodities which are not specified in the mentioned Book of Rates by the last Article or Lines of it which Duty or Custom being once paid nothing more shall be paid neither by the Buyer nor Seller within the Dominions of his Royal Highness V. Fifthly It is Covenanted and Agreed That all sorts of Ships and Vessels belonging to his Majesty of Great Britain c. or any of his Subjects which shall set Sail from England or any Place under the Dominions of his Majesty or out of his Majesties Dominions not being infected with the Plague and shall arrive at the Ports of Nizza Ships arriving with Bills of Health to be admitted to immediate Prattick Villa Franca or S. Hospitio with Certificates or Patents of Good health having in their Voyage had no Commerce with any Places or Persons suspected to be infected with the Plague are and ought to be free and clear from making Quarantena or any days whatsoever of purgation and there shall be immediately granted to the Persons in the said Ships present and free Commerce or Prattick and all things and Merchandise of whatsoever sort or kind brought by the said Ships shall immediately without any delay be permitted freely to be Landed and carried into the Houses or Warehouses of the Merchants his Majesties Subjects in Nizza Villa Franca But without such Certificates to be subject to the Quarantena or S. Hospitio But if the above-mentioned Ships shall arrive without a Certificate or Patent of Good health or if in their Voyage they shall have practised or had Commerce with any Persons or Places suspected of the Plague In such case both Persons and Goods shall be subject to Quarantena or Purgation but the days of Quarantena or Purgation shall be shortned both in respect of the Persons and Goods as much as the care of preserving the Publick Health can possibly permit The Lazaretto Duties not to be altered but by the Consul and Merchants consent but what Merchandize is subject to the
Revision of Accounts under pretence of Defraudation And if any Officer of his Royal Highness by way of Reward Voluntary Donative or any other way whatsoever shall exact or receive any Sum or Value beyond what is appointed in the mentioned Tariffes or Rates limited as in the aforesaid Articles The Person so offending shall be Imprisoned the space of Three months or more if his Royal Highness think fit and shall pay three times the full value of what he so demanded or received one half of which shall be applied to his Royal Highness and the other half to the Accuser or Informer XV. Fifteenthly and Lastly English to enjoy all the Immunities mentioned in the Publication of this free Port and all others which may be granted to any other Nation 'T is Covenanted and Agreed That all Immunities Priviledges and Concessions which in the General Publication of a Free Port made by his Royal Highness are not mentioned or specified in the foregoing Articles shall be for the full Advantage of his Majesties Subjects to all intents and purposes be understood to be expresly mentioned and contained in the Body of this present Instrument And whatsoever for the future of Immunity Priviledge or Advantage shall be granted to any other Kingdom or State all and every of the said Immunities Priviledges and Advantages are and shall be as fully with all their Circumstances granted to his Majesties Subjects as if they were expresly Covenanted and Agreed for in this present Instrument For the full and undoubted Confirmation of which and af all the foregoing Articles the above-named Procurators of his Majesty of Great Britain c. and his Royal Highness having diligently read and weighed all the abovesaid Fifteen Articles have hereunto put their Hands and Seals at Florence the Nineteenth day of September the Year of our Lord One thousand six hundred sixty nine L. S. John Finch L. S. Joseph Maurice Filippone A Treaty for the Composing of Differences Restraining of Depredations and Establishing of Peace in America between the Crowns of Great Britain and Spain Concluded at Madrid the 8 18 day of July in the Year of our Lord 1670. WHereas for many Years past the good Vnderstanding and Correspondence between the English and Spanish Nations having been disturbed in America Preface It pleased the Most Serene and Powerful Prince Charles King of Great Britain c. in order to the Restoring and Regulating the same for the future to send into Spain his Envoy Extraordinary Sir William Godolphin Knight with full Authority and Power to make any Treaty convenient and proper for that end And likewise the Most Serene and Powerful Charles King of Spain c. and the Queen Regent Maria-Anna c. for the carrying on a Work of so much Piety and Publick Good Deputed on their Part the Earl of Penaranda Councellor of State and President of the Indies to Confer Treat and Conclude thereupon with the said Sir William Godolphin At length they mutually Refolved and Agreed upon the Articles of the following Treaty in Virtue of their several Commissions I. First The Treaty of 1667 Confirmed It is Agreed between the above-mentioned Plenipotentiaries Sir William Godolphin and the Earl of Penaranda in the Names of the Most Serene Kings respectively their Masters That the Articles of Peace and Alliance made between the Crowns of Great Britain and Spain in Madrid on the 13 23 of May 1667 or any Clause thereof shall in no manner be deemed or understood to be taken away or abrogated by this present Treaty but that the same shall remain perpetually in their ancient force stability and vigour so far forth as they are not contrary or repugnant to this present Convention and Articles or to any thing therein contained II. That there be an Universal Peace An Universal Peace as well in America as elsewhere true and sincere Amity in America as in the other Parts of the World between the Most Serene Kings of Great Britain and Spain their Heirs and Successors and between the Kingdoms States Plantations Colonies Forts Cities Islands and Dominions without any distinction of Place belonging unto either of them and between the People and Inhabitants under their respective Obedience which shall endure from this Day for ever and be observed inviolably as well by Land as by Sea and Fresh-waters so as to promote each the Welfare and Advantage of the other and favour and assist one another with mutual Love and that every where as well in those remote Countries as in these which are nearer the faithful Offices of good Neighbourhood and Friendship may be exercised and increase between them III. Also All Enmities and Depradations to cease that for the time to come all Enmities Hostilities and Discords between the said Kings their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where IV. The said Most Serene Kings shall take care that their Subjects do accordingly abstain from all Force and Wrong-doing Letters of Mart Reveked And they shall Revoke all Commissions and Letters of Reprisal and Mart or otherwise containing Licence to take Prizes of what condition or kind soever being to the Prejudice of the one or other of the said Kings or of their Subjects whether the same have been given or granted by them unto Subjects or Inhabitants or unto Strangers and shall declare the same to be void and of no force as by this Treaty of Peace they are declared so to be Reslitution for Losses contrary to this Treaty And whosoever shall do any thing to the contrary he shall be punished not only Criminally according to the merit of his Offence but shall also be compell'd to make Restitution and Satisfaction for the Losses to the Parties damnified requiring the same V. And furthermore Renunciation of all Leagues c. contrary to this Peace the said Kings shall Denounce as by the Tenor of these Presents every of them hath and doth Renounce whatsoever League Confederation Capitulation and Intelligence made by what manner soever in the Prejudice of the one or the other which doth or may repugn against this Peace and Concord and all and singular the Contents thereof All which and every of them so far as they do concern the Effect aforesaid said they shall annul and make void and declare to be of no force or moment VI. The Prisoners on both Sides Prisoners released one and all of what Degree or Condition soever detained by reason of any Hostilities hitherto committed in America shall be forthwith set at liberty without Ransom or any other Price of their Freedom VII All Offences All Injuries to be forgotten Damages Losses Injuries which the Nations and People of Great Britain and Spain have at any time heretofore upon what Cause or Pretext soever suffered by each
or other Duties nor in any other manner then the People of the United Provinces of the Low-Countries and other Strangers the Swede only 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 Foreign Country in the said Kingdoms and Dominions of the King of Denmark abiding and Trading do or shall enjoy And so on the other side Danes to pay no greater Custom in England then any other Strangers 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 Vnited 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 Foreign 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 Leave to bring all Goods into their proper Storehouses respectively 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 lawful 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 Neither Party obliged to come into any Port where he is nor bound nor being forced in obliged to unlade or sell any part of his Goods 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 hinderance 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 lawful 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 Concerning Timber prohibited to be Laden on Board any English Ship 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 stopped 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 only 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 Vnited 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 Concluded and Agreed That all Ships belonging to the Subjects of the King of Great Britain English Ships passing the Sound to have the Benefit of deferring the Payment of their Custom till their return and Merchants in their Passage through the Sound 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 Months time at the farthest if they do not pay the same at their said first Passage XIII And furthermore it is Agreed Goods Landed at Elsineure to be Transported elsewhere to pay no Duties but what the Dutch pay That whatsoever Merchandise the Subjects of the King of Great Britain shall Land at Elsignore and there lay in their Storehouses to no other end then to put on Board again entire and Transport them to other Parts they shall be obliged to pay only 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 English Ships and Subjects to be dispatched at Elsineure 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 Either Princes Subject dying in the others Dominions his Estate to be preserved c. it shall be lawful for him to dispose of his Estate both Money and Goods in any
in the Ports and upon the Coasts and Lands of either Confederate going returning and walking for the defence of their Persons and Goods to carry any kind of portable Arms as well offensive as defensive so that they give no just cause of suspicion to the Commanders and Magistrates of any Place of any Plots or Contrivances against the publick or private Peace XXVIII The Convoys or Ships of War of either Party Benefit of each others Convoys meeting in their Voyage or overtaking any Merchants Ships or others belonging to the other Confederate or his Subjects and making the same Course at Sea in Europe or out of Europe shall be obliged to guard and defend them as long as they shall hold the same Course together XXIX For the greater security of Commerce and freedom of Navigation Pirates not to be protected it is Concluded and Agreed That neither Part as much as may be and shall lie in their powers shall permit that publick Pirates or other Robbers upon the Sea in any the Ports of the other Kingdom or Country have their Receptacles or Retreats or shall suffer that any of the Inhabitants or People of either Prince do receive them into their Houses or supply them with Provisions or be otherwise assisting to them But on the contrary shall endeavour that the said Pirates or Robbers and their Partisans and Accomplices be apprehended and punished according to their demerit and the Ships and Goods as much as can be found of them restored to the lawful Owners or their Agents provided their Right be made appear by due proof of Law in the Court of Admiralty XXX It is Concluded and Agreed Freedom of access to each others Ports That there shall be at all times free access for the Subjects and People of either Party to the Ports and Coasts of both Princes and it shall be lawful for them to remain therein and from thence again to depart and also to pass through the Seas and Territories whatsoever of either King respectively Not committing any Waste or Injury not only with Merchant-Ships and Ships of Burthen but also with Ships of War whether the same be upon the Publick Account or Acting by private Commissions whether they enter by reason of Tempest and for avoiding the danger of the Sea or to Refit or buy Provisions But Men of War not to exceed six in number except forced in and then to give notice to the Magistrate 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 thereinto 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 he 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 Neithers Subjects to take Letters of Mart from any Prince or State in War with the other 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 damnifie the Subjects of either Both the said Kings shall strictly prohibit 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 Ships taken in in Port by a third Party to be restored 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 Ship or Ships and restoring them to the Owners Which nevertheless shall be done at the Charge of the said Owners or the Parties interested XXXIII But if also in the Ships taken by the Subjects of either Confederate Seamen taken on Board any Prize and being Subjects of either Crown to be set free 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 Ransom XXXIV But if a Ship of War or any other A Ship Laden with prohibited Goods if taken no Bulk to be broken till an Inventory made in the Admiralty 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 No Injury to be done by any Men of War to the other in case of any the Causes to be Tried in the Admiralty Courts or by Commissioners to be appointed by the 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
to continue in force for Nine months and the Consideration of a new one to be referred to Commissioners be continued for Nine months after the Publication of this present Treaty unless it shall be otherwise Agreed on by a subsequent Treaty and that in the mean time the Consideration of a new one be referred to the same Commissioners to whom the Trade in the East-Indies is referred in the subsequent Article But if such Commissioners within Three months after their first meeting shall not agree upon a new Marine Treaty In case the Commissioners shall not Agree within three months it shall be left to the Arbitration of Spain then that Matter shall also be referred to the Arbitration of the Most Serene Queen Regent of Spain in the same manner as the Regulation of the East-India Trade is referred to her Majesty in the said Article next following IX In respect that upon the mutual free Concerning a Regulation of Commerce in the East-Indies and undisturbed enjoyment of Trade and Navigation not onely the Wealth but the Peace likewise of both Nations is most highly concerned there ought nothing to be so much the care of both Parties as a just Regulation of Trade and particularly in the East-Indies and yet in respect that the weightiness of the Matter requireth much time to make firm and durable Articles to the Content and Security of the Subject on both Sides and on the other side the bleeding Condition of most part of Europe as well as of the two Parties concerned earnestly demand a speedy Conclusion of this Treaty the King of Great Britain is pleased to condescend to the Desires of the States General to have the Consideration of the same referred to an equal number of Commissioners to be nominated by each Party the said States General Engaging themselves to send those of their nomination to Treat at London with those to be nominated by his Majesty Commissioners to be sent to London to Treat about the same and this within the space of Three months after the Publication of this Treaty The number to be nominated by each to consist of six Persons And in case that after Three months from the time of their first Assembling they shall not have the good success to conclude a Treaty the Points in difference betwixt them shall be referred to the Arbitrement of the Most Serene Queen Regent of Spain who shall nominate eleven Commissioners and whatsoever the major part of them shall determine as to the remaining Differences shall oblige both Parties Provided still that they deliver their Judgment within the space of Six months from the day of their Assembling which shall likewise be within the space of Three months after the said Most Serene Queen Regent of Spain hath accepted of the being Umpire X. That whereas the Most Serene Queen Regent of Spain hath given Assurance to his Majesty of Great Britain 800000 Patacoons to be paid to his Majesty That the said States General should upon the making of the Peace pay unto his said Majesty the King of Great Britain the Sum of 800000 Patacoons The said States General do Promise and Covenant to pay the said 800000 Patacoons in this following manner viz. A fourth part as soon as the Ratification of this Treaty shall be mutually Exhibited and the rest the three ensuing Years by equal Portions XI The aforesaid Most Serene King of Great Britain and the said High and Mighty States General of the Vnited Provinces shall observe sincerely and bona fide all and singular the Matters Agreed and Concluded in this present Treaty and cause the same to be observed by their Subjects and Inhabitants nor shall they directly or indirectly violate any of them or suffer them to be violated by their Subjects or Inhabitants About the Ratification And they shall Ratifie and Confirm all and every thing as before Agreed by Letters Patents Subscribed with their Hands and Sealed with their Great Seals conceived and written in sufficient valid and effectual Form and shall deliver or cause the same to be delivered reciprocally within Four weeks after the Date of these Presents or sooner if it may be bona fide really and with effect XII Lastly And Publication Assoon as the said Ratifications shall have been duly and mutually Exhibited and Exchanged the Peace shall be Proclaimed at the Hague within Four and twenty hours after the Delivery and Exchange there made of the said Ratifications Done at Westminster the 9 19 day of February 1673 4. A Treaty Marine between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands to be observed throughout all and every the Countries and Parts of the World by Sea and Land Concluded at London the First day of December 1674. S.V. Article I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince English to Trade freely to all Places in Amity or Neutrality with the States the King of Great Britain aforesaid with all freedom and safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with his said Majesty So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the High and Mighty States General of the Vnited Netherlands or to their Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Lords the States General and any Princes or People whatsoever in Peace Amity or Neutrality with his said Majesty And likewise that it shall and may be lawful for all and every the Subjects of the said High and Mighty Lords the States General of the Vnited Netherlands Dutch to Trade freely to all Places in Amity or Neutrality with England with all freedom and safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with the aforesaid Lords the States So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces not by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Serene and Mighty King above mentioned or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between his said Majesty and any Princes or People whatsoever in Peace Amity or Neutrality with the said Lords the States II. Nor shall this freedom of Navigation and Commerce be infringed by
of Mail and the like kind of Armature Soldiers Horses and all things necessary for the Furniture of Horses Holsters Belts and all other Warlike Instruments whatsoever IV. These Merchandises following shall not be reckoned among prohibited Goods viz. What Goods shall not be looked upon as Contraband all kind of Cloth and all other Manufactures woven of any kind of Wooll Flax Silk Cotton or any other Material all sorts of Clothing and Vestments together with the Materials whereof they use to be made Gold and Silver as well Coyned as not Coyned Tin Iron Lead Copper and Coals as also Wheat and Barley and all other kind of Corn or Pulse Tobacco and all kind of Spices salted and smoked Flesh salted and dried Fish Cheese Butter Beer Oyls Wines Sugars and all sort of Salt and in general all Provision which serves for the nourishment and sustenance of Life Likewise all kind of Cotton Hemp Flax and â—itch Ropes Sails and Anchors also Masts and Planks Boards and Beams of what sort of Wood soever and all other Materials requisite for the building or repairing Ships but they shall be wholly reputed amongst Free Goods even as well as all other Wares and Commodities which are not comprehended in the next precedent Article so that the same may be freely Transported and carried by the Subjects of the Most Serene King of Great Britain Freedom of Trade not only from one Place in Neutrality to another or from a Neutral Place to one in Enmity but also from one Port in Enmity to another likewise in Enmity with either of the Parties not only from one Neutral Place to another Neutral Place or from a Neutral Port or Place to a Place in Hostility with the Most Christian King or from a Place in Hostility with him to a Neutral Place but also from one Place in Enmity with the Most Christian King to another Port or Place in Enmity with him Be it that such Ports or Places do belong to the same Prince or State Enmity to another likewise in Enmity with either of the Parties or to several Princes or States with whom the Most Christian King shall happen to be in War And in like manner that the same may be freely Transported by the Subjects of the Most Christian King not only from one Neutral Place to another Neutral Place or from a Neutral Port or Place to a Place in Hostility with the King of Great Britain or from a Place in Hostility with him to a Neutral Place But also from one Place in Enmity with the King of Great Britain to another Port or Place in Enmity with him Be it that such Ports or Places do belong to the same Prince or State or to several Princes or States with whom the King of Great Britain shall happen to be in War Except Places Besieged or Invested except only Towns or Places Besieged Environed or Invested in French Blocquees ou Investies V. And that all manner of Differences and Contentions on both Sides by Sea and Land may from henceforth cease and be utterly extinguished It is Agreed Ships coming into any Port and intending to go further only to shew their Passports That all kind of Ships and Vessels whatsoever belonging to the Subjects of his said Majesty of Great Britain entring or being entred into any Road or Port under the Obedience of the Most Christian King and purposing to pass from thence shall be only obliged to shew unto the Officers acting in the Ports of the said Most Christian King or to the Captains of the Most Christian Kings Ships or of Private Men of War if any happen there to be their Passport commonly called a Sea-Brief the Form whereof is added at the end of these Articles nor shall any Money or any thing else be exacted from them under that pretence But if any Ship belonging to the Subjects of his Majesty of Great Britain shall in the open Sea or elsewhere out of the Dominions of the said Most Christian King meet the Ships of War of the said Most Christian King or Private Men of War of his Subjects the said Ships of the Most Christian King shall keep at a convenient distance and only send out their Boat Ships how to be visited at Sea and it shall be lawful for them only with two or three Men to go on Board the Ships and Vessels of the Subjects of his Majesty of Great Britain that the Passport or Sea-Brief of the Propriety thereof according to the Form hereafter specified may be shewn to them by the Captain or Master of such Ship or Vessel belonging to the Subjects of his Majesty of Great Britain And the Ship which shall shew the same shall freely pass and it shall not be lawful to molest search detain or divert the same from her intended Voyage And all the Subjects of the Most Christian King shall enjoy in all things the same Liberty and Immunity they in like manner shewing their Passport or Sea-Brief made according to the Form prescribed at the latter end of this Treaty VI. But if any Ship or Vessel belonging to the English Ships going to Places in Enmity with the other Party to shew their Cocquets besides their Passports or other Subjects of his Majesty of Great Britain shall be met by any Man of War making into any Port in Enmity with the Most Christian King or on the other Side if any Ship belonging to the Most Christian King or others Subjects of the said Most Christian King shall be met in her Way making into any Port under the Obedience of the Enemies of his said Majesty of Great Britain such Ship shall shew not only a Passport or Sea-Brief according to the Form hereunder prescribed wherewith she is to be furnished but also her Cocquets expressing the Contents of the Goods on Board given in the usual Form by the Officers of the Customs in the Port from whence she came whereby it may be known whether she is laden with any Merchandises prohibited by the third Article of this Treaty VII But if by the shewing the abovesaid Cocquets expressing the Contents of the Goods on Board If prohibited Goods be found in a Ship what to be done given in the usual Form by the Officers of the Customs in the Port from whence she came concerning the shewing whereof it is above Agreed either Party shall discover any kind of Merchandises which in the third Article of this Treaty are declared to be Contraband or Prohibited consigned to any Port under the Obedience of their Enemies it shall not be lawful to open the Hatches of such Ship in which the same shall happen to be found whether she belongs to the Subjects of his Majesty of Great Britain or of the Most Christian King nor to unlock or break open the Chests Mails Packs or Casks in the same not to convey away any the least part of the Merchandises before the whole be first Landed in the