ley, and any other kind of corn and pulfe, tobacco, and all kinds of fpices, falted and smoaked flesh, falted fish, cheese and butter, beer, oil, wines, fugar, all forts of falt, and of provitions which ferve for fuftenance and food to mankind; alfo all kinds of cotton, cordage, cables, fails, failcloth, hemp, tallow, pitch, tar and rofin, anchors, and any parts of anchors, fhipmaits, planks, timber of all kinds of trees, and all other things proper either for building or repairing hips. Nor fhall any other goods whatever, which have not been worked into the form of any inftrument, or furniture for warlike ufe, by land or by fe, be reputed con. traband, much lefs fuch as have been already wrought and made up for any other purpofe. All which things fhall be deemed goods not contraband, as likewife all others which are not comprehended and particularly defcribed in the preceding article; fo that they may be freely carried by the fubjects of both kingdoms, even to places belonging to an enemy, excepting only fuch places as are befieged, blocked up, or invested. Art. XXIV. To the end that all manner of diffenfions and quarrels may be avoided and prevented on both fides, it is agreed, that in cafe either of their majefties fhould be engaged in a war, the flips and veffels belonging to the fubjects of the other fhall be furnished with fealetters or paffports, expreffing the name, property, and bulk of the fhip, as alio the name and place of abode of the master or commander of the faid fhip, that it may appear thereby, that the fhip really and truly belongs to the fubjects of one of the princes; which paffports fhall be made out and granted, according to the form annexed to the prefent treaty: they fhall likewife be renewed every year, if the ship happens to return home within the fpace of a year. It is alfo agreed, that fuch fhips when laden are to be provided not only with paffports as above mentioned, but also with certificates containing the feveral particulars of the cargo, the place from whence the fhip failed, and whither fhe is bound, fo that it may be known whether the carries any of the prohibited or contraband goods fpecified in the XXIId article of this treaty; which eertificates fhall be prepared by the officers of the place from whence the fhip fet fail, in the accustomed form. And if any one fhall think fit to exprefs in the faid certificates the person to whom the goods belong, he may freely do fo. Art. XXV. The fhips belonging to the fubjects and inhabitants of the refpective kingdoms, coming to any of the coafts of either of them, but without being willing to enter into port, or being entered, yet not willing to land their cargoes, or break bulk, fhall not be obliged to give an account of their lading, unless they are fufpected, upon fure evidence, of carrying prohibited goods, called contraband, to the enemies of either of the two high contracting parties. Art. XXVI. In cafe the fhips belonging to the faid fubjects and inhabitants of the refpective dominions of their most ferene majesties, either on the coaft, or on the high feas, fhall meet with any men of war belonging to their most ferene majefties, or with privateers, the said men of war and privateers, for preventing any inconveniencies, are to remain out of cannon-fhot, and to fend their boats to the merchantfhip which may be met with, and hall enter her to the number of two two or three men only, to whom the mafter or commander of fuch fhip or vcffel fhall fhew his paffport, containing the proof of the property of the fhip, inade out according to the form annexed to this prefent treaty; and the fhip which fall have exhibited the fame, fhall have liberty to continue her voyage, and it fhall be wholly unlawful any way to moleft or fearch her, or to chale or compel her to alter her courfe. Art. XXVII. The merchant fhips belonging to the fubjects of either of the two high contracting parties, which intend to go to a port at enmity with the other fovereign, concerning whofe voyage and the fort of goods on board there may be just caufe of fufpicion, fhall be obliged to exhibit, as well on the high feas as in the ports and havens, not only her paffports, but allo her certificates, expreffing that the goods are not of the kind which are contraband, as fpecified in the XXIId article of this treaty. Art. XXVIII. If, on exhibiting the above mentioned certificates, containing a litt of the cargo, the other party fhould difcover any goods of that kind which are declared contraband, or prohibited, by the XXIId article of this treaty, and which are defigned for a port fubject to his enemies, it fhall be unlawful to break up or open the hatches, chefts, cafks, bales, or other veffels found on board fuch fhip or to remove even the smallest parcel of the goods, whether the faid fhip belongs to the fubjects of the king of Great Britain, or of the mott Chriftian king, unless the lading be brought on fhore, in the prefence of the officers of the court of admiralty, and an inventory made by them of the faid goods: nor fhall it be lawful to fell, exchange, or alienate the fame in any manner, unless after due and lawful procefs fhall have been had againit fuch prohibited goods, and the judges of the admiralty refpectively, fhall, by fentence pronounced, have confilcated the fame; faving always as well the fhip itself, as the other goods found therein, which by this treaty are to be accounted free: neither may they be detained on pretence of their being mixed with prohibited goods, much lefs shall they be confifcated as lawful prize: and if, when only part of the cargo fhall confift of contraband goods, the matter of the fhip fhall agree, confent, and offer to deliver them to the captor who has difcovered them, in fuch cafe, the captor having received thofe goods, as lawful prize, fhall forthwith release the fhip, and not hinder her, by any means, from profecuting her voyage to the place of her destination. Art.XXIX. On the contrary it is agreed, that whatever fhall be found to be laden by the subjects and inhabitants of either party, on any fhip belonging to the enemies of the other, although it be not contraband goods, fhall be confifcated in the fame manner as if it belonged to the enemy himself; except thofe goods and merchandizes which were put on board fuch fhip before the declaration of war, or the general order for reprifals, or even after fuch declaration, if it were done within the times following; that i to fay, if they were put on board fuch flip in any port or place within the pace of two months after fuch declaration, or order for reprifals between Archangel, St. Peterfburgh, and the Scilly iflands, and between the faid iflands and the the city of Gibraltar; of ten weeks in the Mediterranean fea; and of eight months in any other country or place in the world; fo that the goods of the fubjects of either prince, whether they be contraband, or otherwife, which, as a forefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, within the time and limits above mentioned, fhall no ways be liable to confifcation, but fhall well and truly be restored, without delay, to the proprietors demanding the fame; provided neverthelefs that, if the faid merchandizes be contraband, it fhall not be any ways lawful to carry them afterwards to the ports belonging to the enemy. Art.XXX. And that more abundant care may be taken for the fecurity of the respective subjects of their moft ferene majesties, to prevent their fuffering any injury by the men of war or privateers of either party, all the commanders of the thips of the king of Great Britain, and of the most Christian king, and all their fubjects, fhall be forbid doing any damage to thofe of the other party, or committing any outrage against them; and if they act to the contrary they fhall be punished, and fhall moreover be bound, in their perfons and eftates, to make fatisfaction and reparation for all damages, and the intereft thercof, of what nature foever. Art. XXXI. For this caufe, all commanders of privateers, before they receive their patents or fpecial commihions, fhall hereafter be obliged to give, before a competent judge, fufficient fecurity by good bail, who are refponfible men, and have no interest in the faid fhip, each of whom fhall be bound in the whole for the fum of thirty-fix thoufand livres Tournois, or fifteen hundred pounds ferling; or if fuch flip be provided with above one hundred and fifty feamen or foldiers, for the fum of feventytwo thousand livres Tournois, or three thousand pounds fterling, that they will make entire fatisfaction for all damages and injuries whatfover, which they, or their officers, or others in their fervice, may commit during their cruize, contrary to the tenor of this prefent treaty, or the edicts made in confequence thereof by their moft ferene majefties, under penalty likewife of having their patents and fpecial commiffions revoked and annulled. Art. XXXII. Their faid majesties being willing mutually to treat in their dominions the fubjects of each other as favourably as if they were their own fubjects, will give fuch orders as fhall be neceffary and effectual, that the judgments and decrees concerning prizes in the courts of admiralty be given con formably to the rules of justice and equity, and to the ftipulations of this treaty, by judges who are above all fufpicion, and who have no manner of intereft in the cause in difpute. Art. XXXIII. And when the quality of the fhip, goods, and maiter, fhall fufficiently appear, from fuch paffports and certificates, it shall not be lawful for the commanders of men of war to exact any further proof under any pretext whatfoever. But if any merchant flip fhall not be provided with fuch paffports or certificates, then it may be examined by a proper judge, but in fuch manner as, if it fall be found, from other proofs and documents, that it truly belongs to the fubjects of one of the fovereigns, and does not contain any contra band goods, defigned to be carried to the enemy of the other, it fhall not be liable to confifcation, but fhall be released, together with its cargo, in order to proceed on its voyage. If the mafter of the fhip named in the paflports fhould happen to die, or be removed by any other cause, and another put in his place, the fhips and goods laden thereon fhall neverthelets be equally fecure, and the paffports hall remain in full force. Art. XXXIV. It is further provided and agreed, that the fhips of either. of the two nations, retaken by the privateers of the other, fhall be restored to the former owner, if they have not been in the power of the enemy for the space of four, and twenty hours, fubject to the payment, by the faid owner, of one third of the value of the fhip retaken, and of its cargo, guns, and apparel; which third part fhall be amicably adjusted by the parties concerned but if not, and in cafe they fhould difagree, they fall make application to the officers of the admiralty of the place where the privateer which retook the captured veffel fhall have carried her. If the ship retaken has been in the power of the enemy above four and twenty hours, fhe fhall wholly belong to the privateer which retook her. In cafe of a hip being retaken by any man of war belonging to his Britannic majefty, or to his moft Christian majefty, it fhall be restored to the former owner, on payment of the thirtieth part of the value of fuch fhip, and of its cargo, guns, and apparel, if it was retaken within the four and twenty hours, and the tenth part if it was retaken after the four and twenty hours; which fuis fhall be diftria buted, as a reward, amongst the crews of the fhips which fhall have retaken fuch prize. The valuation of the thirtieth and tenth parts above mentioned thall be fettled conformably to the regulations in the beginning of this article. Art. XXXV. Whenfoever the ambaffadors of either of their faid majeftics, or other their ministers having a public character, and refiding at the court of the other prince, hall complain of the injuice of the fentences which have been given, their majefties fhalt refpectively caufe the fame to be revifed and re-examined in their councils, unless their councils fhould already have decided thereupon, that it may appear, with certainty, whether the directions and provifions prefcribed in this treaty have been followed and obferved. Their majesties fhall likewife take care that this matter be effectually provided for, and that justice be done to every complainant within the fpace of three months. However, before or after judgment given, and pending the revition thereof, ie fhall not be lawful to fell the goods in difpute, or to unlade them, unlefs with the confent of the perfons concerned, for preventing any kind of lofs; and laws fhall be enacted on both fides for the execution of the prefent article. Art. XXXVI. If any differences fhall arife refpecting the legality of prizes, fo that a judicial decition fhould become neceffary, the judge shall direct the effects to be unladen, an inventory and appraifement to be made thereof, and fecurity to be required refpectively from the captor for paying the cofts, in cafe the fhip fhould not be declared lawful prize; and from the claimant for paying the value of of the prize, in cafe it fhould be declared lawful; which fecurities being given by both parties, the prize fhall be delivered up to the claimant. But if the claimant fhould refufe to give fufficient fecurity, the judge fhall direct the prize to be delivered to the captor, after having received from him good and fufficient fecurity for paying the full value of the faid prize, in cafe it should be adjudged illegal. Nor fall the execution of the fentence of the judge be fufpended by reafon of any appeal, when the party against whom fuch appeal fhall be brought, whether chimant or captor, fhall have given fufficient fecurity for reftoring the thip or effects, or the value of fuch. hip or effects, to the appeilant, in cale judgment fhould be given in his favour. Art. XXXVII. In cafe any fhips of war or merchantmen, forced by forms or other accidents, be driven on rocks or fhelves, on the coafts of either of the high contracting parties, and thould there be dafhed to pieces and fhipwrecked; a'l fuch parts of the faid fhips, or of the furniture or apparel thereof, as alfo of the goods and merchandizes as hall be faved, or the produce thereof, fhall be faithfully reflored, upon the fame being claimed by the proprietors, or their factors, duly authorized, paying only the expences incurred in the prefervation thereof, according to the rate of falvage fettled on both fides; faving at the fame time the rights and cuftoms of each nation, the abolition or modification of which hall however be treated upon, in the cafes where they fhall be contrary to the ftipulations of the prefent article; and their m jeft es will mutually interpofe their athority, that fuch of their fubjects, as fhall be fo inhuman as to take advantage of any fuch misfortune, may be feve ely punished. Art. XXXVIII. It fhall be free for the fubjects of each party to em. ploy fuch advocates, attornies, notaries, folicitors and factors as they fall think fit; to which end the faid advocates and others above mentioned, fhall be appointed by the ordinary judges, it it be needful, and the judges be thereunto required. Art. XXXIX. And for the greater fecurity and liberty of commerce and navigation, it is further agreed, that both the king of Great Britain, and the most Christian king, fhall not only refufe to receive any pirates or fea-rovers whatsoever in. to any of their havens, ports, cities, or towns, or permit any of their fubjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houfes, or to affist them in any manner whatfoever; but further they fhall cause all fuch pirates and fea-rovers, and all per-fons who fhall receive, conceal, or affit them, to be brought to condign punishment, for a terror and example to others. And all their hips, with the goods or merchandizes taken by them, and brought into the ports of either kingdom, fhall be feized as far as they can be difcovered, and fhall be restored to the owners, or their factors duly authorized or deputed by them in writing, proper evidence being fir given in the court of admiralty, for proving the property, even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew, or night have known, that they had been piratically taken. And ge.. nerally all fhips and merchandizes, of what nature foever, which may be |