Articles of peace & alliance between the Most Serene and Mighty Prince Charles II, 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

Articles of Navigation and Com∣merce, 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.

WHereas by those Articles of Peace, Vnion and Alliance which are this day concluded between His Majesty the King of Great Britain, and the States General of the ••nited Provinces, it is specially and carefully provided, That all the dismal and calamitous effects of War may forthwith cease, and that the Peace so much desired by all, may be restored in all

Kingdoms and Dominions of both Parties, and unto all their Subjects and Inhabitants: And the measure of time and affairs hath not permitted them to weigh in an equal Ballance, and thereby exactly to adjust all and every thing and things which were to be observed and consider∣ed about the foresaid Articles, especially about those which belong to the Rules of free Navigation and Trade; and that it may be feared, the Inhabitants and Sub∣jects of both Parties may fall back again into new Quar∣rels and Dissentions, and the Differences now com∣posed may bleed afresh, if they be not bound up by some certain Laws about those things which concern Navi∣gation and the use of Trade: Therefore by the Medi∣ation and endeavours of the Swedish Ambassadors, the forementioned Parties have further agreed unto these Separate Articles.

I.

THat all such Proclamations and Acts of State which either Party hath publish∣ed, by reason of this War, to the prejudice of the other Party, against the liberty of Navigation and Trade, be abrogated on both Sides.

II.

That for the Elucidation of that Act which the King of Great Britain caused to be published in the year 1660. 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 al∣so into England in their Ships, all such Commodities as growing, being produced, or manufactured in Lower or Upper Germany, are not usually carried so frequent∣ly 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 conve∣nient Rule; the States General also have always aime at the same mark, That Merchandise should be bound∣ed and circumscribed within some certain Laws of per∣petual Observation; And yet that business seems to require longer attention and labour, then that it can be speedily dispatcht to the satisfaction of both Par∣ties; 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 speci∣fying 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 Par∣ties should be in suspence and doubt, as not knowing what kinds of Commodities it may be lawful or un∣lawful to carry or supply unto the Enemy of either Party, after the manner and form of Warlike provi∣sions, 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 fol∣low here inserted in the French language, may provi∣sionally serve for a Rule and Law, and so make way for the perfecting of a larger and fuller Treaty con∣cerning Maritime Commerce between the abovemen∣tioned 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, Countreys and Estates which are or shall be in Peace, Amity, or Neutrality with France, with∣out being troubled or disquieted in that Liberty by the Ships, Gallies, Fregats, Barques, or other Vessels be∣longing to the States General or any of their Subjects, upon occasion and account of the Hostilities which may hereafter happen between the said States Gene∣ral and the abovesaid Kingdoms, Countreys 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 only all sorts of Fire-Arms and their Ap∣purtenances; as Canon, Musquets, Mortar-pieces, Petards, Bombes, Granadoes, Saucisses, Pitched Hoops, Carriages, Rests, Bandeliers, Powder, Match, Salt-peter, 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 fol∣lowing shall not be comprehended; Wheat, Corn, and other Grain, Gums, Oyls, Wines, Salt, nor gene∣rally any thing that belongs to the nourishment and Sustenance of life, but shall remain free as other Mer∣chandise 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 follow∣ing; 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 only 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 shew∣ing of their Passports in the Form aforesaid, they may not be disquieted nor searched, detained nor re∣tarded

in their Voyages, upon any pretence what∣soever.

31.

The same course shall be used in regard of the French Ships and Barques which shall come into any Roads of the Countreys under the Obedience of the said States, 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, 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, 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 Barks then within Canon-shot, and may send their Long-Boat or Shal∣lop on Board the French Ships or Barks, and cause only 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 wayes 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 Certi∣ficates entire faith and credit ought to be given. And to the end that their validity may be the better known, and that they may not be in any wise falsified and counterfeit, certain marks and countersigns of His Majesty and the said States General shall be given un∣to them.

34.

And in case any Merchandise and Commodities of those kinds which are before declared to be Contra∣band and forbidden, shall by the means aforesaid be found in the French Vessels and Barques bound for the Ports of the said States Enemies; they shall be un∣laden, and declared confiscate before the Judges of the Admiralty of the United Provinces, or other com∣petent Officers; But so, that the Ship and Barque, or other free and allowed Goods, Merchandise and Com∣modities found in the same Ship, may not for that cause be in any manner seised or confiscate.

35.

It was furthermore Agreed and Covenanted, That whatsoever shall be found Laden by His Majesties Subjects upon a Ship of the Enemies of the said States, although the same were not Contraband Goods, shall yet be confiscate with all that shall be found in the said Ship, without exception or reserva∣tion; But on the other side also, all that shall be and shall be found in the Ships belonging to the most Chri∣stian Kings Subjects, shall be free and discharged, al∣though the Lading or part thereof belong to the said States Enemies; Except Contraband Goods, in re∣gard whereof such rule shall be observed as hath been ordered in the precedent Articles.

36.

All the Subjects and Inhabitants of the said United Provinces shall reciprocally enjoy the same Rights, Li∣berties and Exemptions in their Trade and Com∣merce within the Ports, Roads, Seas, and Estates of His said Majesty, (as hath been newly said) which His said Majesties Subjects shall enjoy in those of the said States, and in open Sea; It being to be under∣stood, that the equality shall be mutual every way on both sides: And even in case the said States should hereafter be in Peace, Amity, and Neutrality with any Kings, Princes, and States, who should become Enemies to his said Majesty, either of the Parties are mutually to use the same conditions and restrictions

expressed in the Articles of this present Treaty, which regard Trade and Commerce.

37.

And the more to assure the Subjects of the said States, that no violence shall be offered them by the said Ships of War, all the Captains of the Kings Ships, and others His Majesties Subjects, shall be charged and enjoyned not to molest or endamage them in any thing whatsoever, upon pain of being punished and made answerable in their Persons and Goods for the Damages and Interests suffered, and to be suffered, until due restitution and reparation be made.

38.

And for this cause the Captains and Capers shall from henceforth every one of them be obliged be∣fore they go out, to give good and sufficient security before Competent Judges, in the summe of Fifteen Thousand Liures Tournois, to answer every one by himself for the Miscarriages they may commit in their Courses at Sea, and for their Captains and Offi∣cers violations of this present Treaty, and of the Orders and Proclamations of His Majesty which shall be published by vertue, and in conformity of the Re∣gulation therein made; upon pain of being cashiered, and forfeiting the said Commissions and Licences: Which shall in like manner be practised by the Sub∣jects of the said States General.

39.

If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods, as hath been said, the said Cap∣tains may not open nor break up the Chests, Males, Packs, Bags, Cask, and other Boxes, or transport, sell, or exchange, and otherwise alienate them, until they have Landed in the presence of the Judges of the Admiralty, and after an Inventory hath by them been made of the said Goods found in the said Vessels; unless the Contraband Goods making but a part of the Lading, the Master or Pilot of the Ship should be content to deliver the said Contraband Goods unto the said Captain, and to pursue his Voyage: In which case the said Master or Pilot shall by no means be hin∣dred from continuing his course and the design of his Voyage.

40.

His Majesty being desirous that the Subjects of the said States may be used in all Countreys under his Obe∣dience as favourably as his own Subjects, will give all necessary Orders, that Judgements and Decrees upon Prizes which shall happen to be taken at Sea, may be given with all Justice and Equity, by persons not sus∣pected nor concerned in the matter under debate: And His Majesty will give precise and effectual Orders, that all Decrees, Judgements, and Orders of Justice already given and to be given, may be readily and duly executed according to their forms.

41.

And when the Ambassadors of the said States Ge∣neral, or any other of their Publick Ministers residing in His Majesties Court, shall make complaint of the Judgements which shall be given, His Majesty will cause a Review to be made of the said Judgements in his Council, to examine whether the Order and Pre∣cautions contained in the present Treaty have been followed and observed, and to provide for the same according to reason; which shall be done within the space of three Moneths at the farthest: Nevertheless neither before the first Judgement, nor after it, during the time of the Review, the Goods and Effects which are reclaimed, may not be sold or unladen, unless it be with the consent of the Parties interessed, to avoid the spoiling of the said Commodities, if they be pe∣rishable.

42.

When Process shall be moved in the first or second instance between those that have taken the Prizes at Sea, and the persons interessed therein, and the said in∣teressed persons shall come to obtain a favourable Judgement or Decree, the said Judgement or Decree shall have its Execution upon Security given, notwith∣standing the Appeal of him that took the Prize; But the same shall not hold on the contrary. And that which is said in this present, and in the precedent Arti∣cles, for the causing of good and speedy Justice to be

done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Sub∣jects, shall be understood and practised by the States General, in regard of Prizes taken by their Subjects from those of His Majesty.

IIII.

It is also Covenanted, That these above-written Separate Articles, and all and every thing therein con∣tained 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 authentique form, within four Weeks next ensu∣ing, 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.