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A88573 A treaty of commerce, navigation, and marine affairs, concluded and agreed on at Reswick between His Most Christian Majesty's embassadors and plenipotentiaries, on the one part; and the embassadors and plenipotentiaries of the Lords the States General of the United Provinces of the Netherlands, on the other. With some account of the proceedings since between the French and Dutch commissioners relating to the tariff. Never before in English. Translated from the Dutch and French copies.; Treaty of Ryswick (1697) France. Treaties, etc. United Provinces of the Netherlands, 1697 Sept. 20. 1699 (1699) Wing L3139AB; ESTC R215015 22,877 28

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the better established for the future It has been agreed and concluded on that if any interruption of Friendship or Rupture between the Crown of France and the said Lords the States General of the said United Provinces should hereafter happen which God forbid there shall be always nine Months allowed to commence from the time of the said Rupture for the Subjects on either part to withdraw their Effects and transport them whither they please which shall be lawful for them to do as well as to sell or transport their Goods and Movables with all freedom without giving them any let or molestation or proceeding during the said Term of nine Months to any seizure of their Effects much less to arrest their Persons XLIII Both the one and the other Party shall prevent as much as in them lies whatever may any manner of way either directly or indirectly hinder the execution of the present Treaty and especially the seventh Article and they do oblige themselves upon the least Complaints of any Contraventions that shall be made to make reparation without any delay XLIV The present Treaty concerning Commerce Navigation and Maritime Affairs shall endure for five and twenty Years to commence from the Day of the signing thereof and the Ratifications of it shall be made in due form and exchanged on either part in the space of three Weeks reckoning from the Day of signing or sooner if it can be done XLV And for the greater Confirmation of this Treaty of Commerce and of all the Points and Articles contained therein the said present Treaty shall be published verified and registred in the Court of Parliament of Paris and in all other Parliaments throughout the Kingdom of France and the Chamber of Accounts of the said City of Paris and also the said Treaty shall in like manner be published verified and registred by the said Lords the States General in the Courts and other Places where they have been wont to make the like Publications Verifications and Registrings The Form of the Past-ports and Letters that ought to be given by the Admiralty of France to the Ships and Barks that go out pursuant to the Articles of the present Treaty LOVIS Count of Thoulouse Admiral of France to all those to whom these present Letters shall come Greeting Be it known that we have given Leave and Permission to 〈…〉 the Master and Conductor of the Ship called 〈…〉 of the City of 〈…〉 of the Port 〈…〉 Tuns or thereabouts being at present in the Port and Haven of 〈…〉 to go to 〈…〉 laden with 〈…〉 after his Ship has been visited and he before his departure taken the Oath in the presence of such Officers as exercise Jurisdiction over Maritime Affairs that the said Ship appertains to one or more of his Majesty's Subjects the manner whereof shall be subjoyned next after these Presents and that he will keep and cause to be kept by those that make up his Equipage the Maritime Orders and Regulations and commit the Roll signed and verified to be registred which contains the Names and Sirnames Birth and Aboad of the Men that compose his Crew and of all such as go on board him whom he cannot imbark without the knowledge and permission of the Officers that are appointed to manage the Maratime Affairs and to whatever Port or Haven he shall enter with his Ship he shall shew to such Officers and Judges as have the Inspection of Maritime Affairs the present Leave and give a faithful Account unto them of what hath hapned during his Voyage and he shall carry the King's Flags Arms and Ensigns as also ours during his Voyage In witness whereof we have set our Hand and Seal unto these Presents and have caused the same to be Counter-signed by our Marine Secretary at 〈…〉 Day of 〈…〉 thousand six hundred Signed Louis Count of Thoulouse and a little lower by A Form of the Act that contains the Oath WE 〈…〉 of the Admiralty of 〈…〉 do certifie That 〈…〉 the Master of the Ship named 〈…〉 with the above-mentioned Past-port hath taken the Oath mentioned therein Given at 〈…〉 the 〈…〉 Day of 〈…〉 Another form of Letters that should be given by the Cities and Sea-ports of the Vnited Provinces to the Ships and Barks that go out from thence according the fore-said Article TO the most Serene most Illustrious most Puissant Honourable and Prudent Lords Emperors Kings Republicks Princes Dukes Counts Barons Lords Burgomasters Sherriffs Councellors Judges Officers Justices and Governours of all good Cities and Places as well ecclesiastical as secular who shall see or read these Presents We the Burgomasters and Rulers of the City of 〈…〉 make known that 〈…〉 the Master of the Ship 〈…〉 appearing before us hath declared upon solemn Oath that the Ship named 〈…〉 of about 〈…〉 lasts over which he is at present Master appertains to the Inhabitants of the United Provinces so help him God And as we are desirous that the said Master of the Ship should be assisted in his lawful Affairs we do intreat all Persons in general and particular where the said Master with his Ship and Goods shall arrive that they would be pleased to receive him kindly and treat him becomingly by suffering him according to the usual Rights of Toles and Customs to be in by and near your Ports Rivers and Dominions by leaving him to sail pass frequent and trade where he thinks fit which we will readily acknowledge In Witness whereof we have affixed our City-Seal hereunto In Witness whereof we his Majesty's above-mentioned Embassadors and those of the Lords the States General by vertue of our respective Powers have in the said Names signed and sealed these Presents with our own Hands and Seals at Reswick the 20th of September 1687. Thus signed L. S. N. A. de Harlay Bonneuil L. S. Verjus de Crecy L. S. De Callieres L. S. A. Heynsius L. S. E. de Weede L. S. W. v. Haren The separate Article BEsides what has been agreed and concluded on by the Treaty of Commerce made between his most Christian Majesty's Embassadors and those of the Lords the States General of the United Provinces this twentieth Day of September 1697 It has been farther agreed by this present separate Article which shall be of the same Vertue and Force as if it had been incerted word forword in the said Treaty That the Imposition of fifty Sols per Tun setled in France upon Forreign Ships shall for the future entirely cease in respect to those Ships that appertain to the Subjects of the States General of the United Provinces and may not hereafter be re-established and this in such a manner that the Ships of the said Lords the States General shall be discarged of the said Tax whether the said Ships go directly for France from the Countries or Territories of the said Lords the States General or from any other Place whatsoever whether the same be Laden or in Ballast or whether also they be Laden for to
Provinces for the avoiding of all Disorder are to come no nearer unto the French than a Cannon-shot but may send their small Bark or Shalloop on board the French Ships or Barks whereof three or four Men only are to enter into the same unto whom the Masters of the French Ships shall shew their Pass-ports and Letters of Mart abovementioned according to the Form of the said Letters of Mart which shall be incerted at the end of this Treaty by which Pass-ports and Letters of Mart it may not only appear what his Cargo is but also the Place of the Aboad and Residence as well of the Master as of the Ship herself that so it may be known by these two ways whether they carry contraband Goods and that as well the Quality of the Ship as of the Master may sufficiently appear thereby to which Past-ports and Letters of Mart an entire Belief and Credit ought to be given and to the end the Validity thereof may be the better known and that they can be by no means falsified and counterfeited his said Majesty and the said Lords the States General shall prescribe certain Marks and Counter-signings thereunto XXVI And in case by the aforesaid Means there be found in the said Vessels and French Barks bound to the Harbours of the Enemies of the said Lords the States any Merchandizes or Commodities which are above declared to be contraband and prohibited they shall be unladen and declared confiscated in the presence of the Judges of the Admiralty of the United Provinces or other competent Persons but yet for all that the Ship and Bark or other Goods Merchandizes and Commodities that are free and not prohibited found in the same Ship shall by no means be seized and confiscated XXVII It has been moreover agreed and concluded that all the Lading which shall be found of his Majesty's Subjects on board a Ship that is an Enemy of the said Lords the States though the same be no contraband Goods shall be confiscated with all that shall be found in the said Ship without any Exception or Reserve but yet also all that which shall be and be found in such as belong to the most Christian King's Subjects shall be free and pass though the Cargo or part thereof appertain to the Enemies of the said Lords the States excepting contraband Goods in respect unto which they are to regulate themselves according to what has been ordered in the preceding Articles and for the more particular illustration and clearing of this Article it 's moreover agreed and concluded on that in case it should happen that both the Parties or else one of them should be engaged in a War the Goods appertaining to the Subjects of the other Party and laden in their Ships who are become Enemies to both or one of the Parties cannot be any ways confiscated upon the account or under pretence of the said imbarking of them in an Enemy's Ship And that shall be observed not only when the said Commodities shall be put on board them before the Declaration of the War but also when the same shall be done after the said Declaration provided it be done within the respective Times and Terms hereafter prescribed viz. If they have been laden in the Baltick Sea or that of the North from Terneuse in Norway to the end of the Channel in the space of four Weeks or from the end of the Channel to the Cape of St. Vincent in the space of six Weeks and from thence into the Mediterranean Sea and as far as the Line in the space of ten Weeks and beyond the Line and the other Parts of the World in the space of eight Months to commence from the Publication of the present Treaty And this in such a manner that the Merchandizes and Goods of the Subjects and Inhabitants that are laden on board those Enemies Ships can by no means be confiscated during the above-named Terms and ascertained Limits but shall be restored to the Owners without any delay if it be not so that they have been laden after the expiration of the said Terms And nevertheless it shall be by no means lawful to carry to the Enemy's Ports such Merchandizes as are contraband which may be found on board of such an Enemy's Ship tho' the same be set free for the above-mentioned Reason And as it has been regulated above That a free Ship shall go unmolested with the Goods laden thereon it has been moreover agreed and concluded on That this Liberty shall also be extended to the Persons that shall be found on board a free Ship so far that tho' they be Enemies both of the one and the other Party or of one only of them yet being found in a free Ship they must not be taken out if so be they are not Soldiers and actually in the said Enemy's Service XXVIII All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights Liberties and Immunities in their Commerce and Trade in his said Majesty's Ports Roads Seas and Dominions as has been said as his Majesty's Subjects shall enjoy in those of the Lords the States and on the High-Seas it being to be understood that the Equality shall be reciprocal every ways on either side and also that in case hereafter the said Lords the States shall be at Peace Amity and Neutrality with any Kings Princes and States that shall become Enemies to his said Majesty each of the two Parties shall reciprocally enjoy the same Conditions and Restrictions as are express'd in the Articles of the present Treaty relating to Trade and Commerce XXIX And the more to confirm the Subjects of the said Lords the States that there shall be no Violence offered them by the said Men of War all the Captains of the King's Ships and others of his Majesty's Subjects shall be injoyned not to molest nor damnifie them any manner of way under the Penalty of making their own Persons and Goods liable to repair the Damages suffered and to be suffered till full restitution be made thereof XXX And for this reason every Captain and other Commander shall for the future before their departure be obliged to give good and sufficient Security before proper Judges for the Sum of fifteen Thousand Livres French to answer each of them for the Misdemeanours they may commit in their Voyages and for the Contraventions of their Captains and Officers against the present Treaty and against his Majesty's Orders and Edicts which shall be published by vertue and in conformity to the present Agreement upon the forfeiting and vacating of the said Commissions and Grants which shall also be practiced in like manner by the Subjects of the said Lords the States General XXXI If it so happen that any of the said French Captains take a Vessel laden with the said contraband Goods as has been said already the said Captains are not to open nor break up the Chests Males Bales Packs Tuns and other Casks or transport
sell or exchange them or otherwise alienate the same till they have been brought ashoar in the presence of the Judges of the Admiralty and after an Inventory taken of the said Merchandizes found in the said Vessels if so be the said contraband Goods making up but a part of the Lading the Master of the Ship thinks well and consents to deliver up the said contraband Goods to the said Captain and pursue his Voyage in such a Case the said Master shall by no means be hindred to pursue his Course and the Design of his Voyage XXXII His Majesty being willing that the Subjects of the said Lords the States General should be treated in all the Countries under his Obedience as favourably as his own Subjects shall give all necessary Orders that the Judgments and Arrests that shall be made concerning the Prizes that may be taken at Sea shall be done with all the Justice and Equity imaginable by Persons of unsuspected Credit and such as are not interested in the Matter in question And his Majesty shall give positive and effectual Orders That all the Arrests Judgments and Decrees of Justice already given and hereafter to be given be readily and duly executed according to their proper Forms XXXIII And when the Embassadors of the said Lords the States General or some other of their publick Ministers who shall be at his Majesty's Court shall make Complaint of the said Judgments that are given his Majesty will make a Review of the said Judgments in his Council to examine whether the Orders or Precautions contained in this Treaty have been followed and observed and to provide for the same according to Reason which must be done in the space of three Months at farthest and yet neither before the first Judgment nor after the same during the Review shall the Goods and Effects that are reclaimed be sold or unladen unless it be with the Consent of the Parties concerned to prevent the loss of the said Merchandizes XXXIV When a Process shall be moved in the first and second Action against those who have made Prizes at Sea and such as are Interested in the same and that the said interested Persons happen to obtain a favourable Judgment or Arrest the said Judgment or Arrest shall be executed without any caution notwithstanding any Appeal of the Person who shall make the Prizes but not on the contrary and what is said in the present and precedent Articles for the administring of good and undilatory Justice to the Subjects of the United Provinces concerning Prizes made at Sea by his Majesty's Subjects shall be extended and put in practise by the Lords the States General in respect to Prizes taken by their Subjects from those of his Majesty's XXXV His Majesty and the Lords the States General may at all times Build or Fraught in each others Countries such a number of Ships whether for War or Trade as they think good as also buy such a quantity of Ammunition as they have occasion for and imploy their Authority that the said Bargains for Ships and buying of Ammunition be done honestly and at reasonable Rates but yet so that neither his Majesty nor the Lords the States General shall give the same leave to the said Enemies of the one and the other in case the said Enemies be the Attackers and Aggressors XXXVI If it so happen that any Men of War or Merchant-men be run Aground or Shipwreck'd by Storm or other Accident upon the Coast of one or other Ally the said Ships Apparel Goods and Merchandizes and what shall be saved thereof or if out of foresight the said things being perishable have been sold and that the whole be reclaimed by the Owners or others who had the Charge thereof within a Year and a Day shall be restored without the form of a Process they being obliged only to pay a reasonable Charge and such as shall be regulated between the said Allies for the Right of Saving and in case of any Contravension to the present Article his Majesty and the said Lords the States General promise effectually to imploy their Authority to punish those of their Subjects with all possible Severity who shall be found guilty of these Inhumanities which to their great regret have been sometimes committed upon the like Occasions XXXVII His Majesty and the said Lords the States General shall not receive nor suffer their Subjects to receive in any of the Countries under their Obedience any Pirates and Free-booters whatsoever but they shall pursue punish and chase them out of their Ports and the Ships they had made Prey of as well as the Goods taken by the said Pirates and Rovers that shall be found in being shall forthwith and without Form of Law be freely restored to the Owners that do reclaim them XXXVIII The Inhabitants and Subjects both of the one and the other Party may every-where in the Territories under the Obedience of the said King and said Lords the States General make use of such Advocates Attornies Notaries and Sollicitors as they think good to whom also they shall be appointed by the ordinary Judges when there is occasion and that the said Judges are required to do it and the said Subjects and Inhabitants on either side shall be free in such Places where they make their Aboad to keep their Books of Trade and Correspondence in such Language as they please without their being upon that Account disquieted or molested XXXIX No Consuls for the future shall be allowed to be on either side and if it be thought convenient to send Presidents Agents Commissioners or others to either's Country they shall not fix their Aboad in any place but where the Court does ordinarily reside XL. His Majesty and the said Lords the States General do not allow of any Man of War or other Vessel fitted out by the Commission and for the Service of any Prince Republick or City whatsoever shall come and make Prize in the Ports Havens or other Rivers which belong unto them of any Ship belonging to the one or the other Party and in case any such thing should happen his said Majesty and the said Lords the States General will imploy their Authority and Power to cause restitution or reasonable reparation to be made for the same XLI If through Inadvertency or otherwise any Non-observances or Contraventions should happen in the present Treaty on the part of his said Majesty or of the said Lords the States General and their Successors the same shall not cease to continue in full force without their coming upon that account to a breaking of the Confederacy Friendship and good Correspondence but the said Contraventions shall be forthwith rectified and if the same do proceed from the fault of some particular Subjects they alone shall be punished and chastised XLII And that Commerce and Amity between the Subjects of the said King and those of the said Lords the States General of the United Provinces of the Low Countries may be