they fhall be compelled to put into harbour, in fuch cafe, without any precedent notice, the fhips fhall not be reftrained to a certain number; but with this condition nevertheless, that their admiral or commander in chief, presently after his arrival, fhall make acquainted the chief magiftrate or commander of the place, haven, or coaft, whither they are come, with the cause of his coming; nor fhall he stay longer there than fhall be permitted him by the chief magiftrate or commander, and fhall not act or attempt any hoftility in the ports whereinto he hath betaken himself, or any thing prejudicial to him of the two confederates to whom they fhall belong. XXXI. It shall not be lawful for the fubjects of either King, or the inhabitants of the kingdoms or lands under their obedience, to procure of any prince or ftate who is at difference, or in open war with either of the confederates, letters patents, called commiffions or reprisals, much lefs by virtue of fuch letters to moleft or damnify the fubjects of either. Both the faid Kings fhall ftrictly prohibit their subjects respectively, that they do not procure or accept from other princes or ftates any fuch commiffions; but fhall, as much as in them lies, forbid and hinder the committing of any depredations by virtue of fuch commiffions. XXXII. If any ship or fhips belonging to the fubjects of either King be taken in the ports of either by a third party, they in whofe port, or within whofe jurifdiction whatfoever the forefaid fhips fhall be taken, fhall 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 neverthele's fhall be done at the charge of the faid owners, or the parties interested. XXXIII. But if alfo in the fhips taken by the fubjects of either confederate, and brought into any port belonging to the other, there be found any feamen or other perfons who are fubjects of that confe derate derate into whofe ports or rivers the prize fhall be brought, they fhall be civilly ufed by thofe who have taken them, and restored to their liberty forthwith, and without ransom. XXXIV. But if a fhip of war, or any other, laden with prohibited goods belonging to the other crown, happen to be taken; it fhall not be lawful for the captains or commanders who have taken her, to open or break up any chefts, tons, or bales on board the faid hip, nor likewife to tranfport or otherwife alienate any of her merchandize, until they have been first put on fhore, and an inventory thereof made before the judges of the admiralty. XXXV. And for the greater fecurity of the fubjects of both Kings, and for preventing of all violence towards them from the faid fhips of war; all commanders of any the fhips of war belonging to the King of Great Britain, and all other his fubjects whatsoever, fhall be ftrictly charged and required, that they do not moleft or injure the fubjects of the 'King of Denmark; if they fhall do otherwife, they fhall be liable to answer it in their perfons and eftates, and shall therein stand bound until just fatisfaction and compenfation fhall be made for the wrongs by them done, and the damage thereby fuftained or to be fuftained: in like manner fhall all commanders of the fhips of war belonging to the King of Denmark, and all other his fubjects whatfoever, be ftraitly, under the fame penalties, charged and required that they do not moleft or injure the faid fubjects of the King of Great Britain : provided nevertheless, that all the forefaid actions be examined and adjudged by due and legal proceeding in the court of admiralty of both Kings, or if it fhall rather feem meet to either of the parties, being a ftranger in the place where the controverfy is to be decided, they thall be examined before certain commiffioners, which both Kings, fo foon as they fhall be defired, fhall appoint to that end, that fo proceedings by this means may may be not only carried on without great expences, but also ended within three months at fartheft. XXXVI. Both Kings fhall take care, that judgment and sentence, in things taken at fea, be given according to the rules of juftice and equity, by perfons not fufpected or interested; and being once given by fuch judges as aforefaid, they shall straitly chargè and require their officers, and whom it fhall concern, to fee the fame put in due execution according to the form and tenor thereof. XXXVII. If the ambaffadors of either King, or any other public minifters refiding with the other King, fhall happen to make complaint of any fuch fentence, that King to whom complaint fhall be made, fhall caufe the faid judgment and fentence to be re-heard and examined in his council, that it may appear whether all things requifite and neceffary have been performed according to the rules of this treaty, and with due caution: if the contrary fhall happen, it shall be redreffed, which is to be done at the fartheft within three months time. Neither fhall it be lawful, either before the giving of the first sentence, or afterwards during the time of re-hearing, to unlade or fell and make away the goods in controverfy, unless it happen to be done by confent of parties, and to prevent the perifhing of the faid goods and merchandize. XXXVIII. The faid Kings fhall have in each other's court their minifters, and in certain ports their confuls, for the better and more eafy communicating and propofing fuch things as they fhall think advantageous to the public intereft, or private concerns of any particular perfon. XXXIX. No private injury fhall in any wife letten this treaty, nor fhall raife any difcord or hatred between the forefaid nations, but every man shall anfwer for his own doings, and fhall be refponfible therefore; therefore; nor shall one man fuffer for that which another has offended in, by having recourse to reprisals, or fuch like rigorous proceedings, unless juftice be denied or delayed longer than is fitting. In which case it fhall be lawful for that King, whofe fubject has received the injury, to proceed according to the rules and prefcriptions of the law of nations, until reparation be made to the party injured; provided notwithftanding, that he have firft in due manner advertised the other King thereof. XL. Alfo it is agreed, that if the Hollander, or any other nation whatsoever (the Swedish nation only excepted) hath already, or fhall hereafter obtain any better articles, agreements, exemptions, or privileges, than what are contained in this treaty, from the King of Denmark, that the fame and like privileges fhall be likewife granted to the King of Great Britain and his fubjects, effectually and fully, to all intents and purposes; and on the other fide, if the Hollander, or any other nation whatfoever, hath or fhall obtain from his Majefty of Great Britain, any better articles, agreements, exemptions, or privileges, than what are contained in this treaty, that the fame and like privileges fhall be granted to the King of Denmark and his fubjects alfo, in moft full and effectual manner. XLI. It is alfo concluded, that former treaties and leagues, at any time heretofore made between the forefaid confederates or their predeceffors, Kings, as well for the kingdoms of Great Britain, &c. as for the hereditary kingdoms of Denmark and Norway, &c. refpectively, be not in the leaft reputed or taken to be broken and abolished by any agreement, covenants, or articles in the prefent treaty contained; but that the fame remain in full force, effect, and virtue, fo far as they are not contrary or repugnant to the present treaty, or any article therein contained. XLII. Finally, it is covenanted, concluded, and agreed, that the forefaid Kings fhall fincerely and bona fide obferve all and fingular the articles contained and fet down in this treaty, and fhall cause them to be obferved by their fubjects and people; nor fhall transgrefs the fame directly or indirectly, or fuffer the fame to be tranfgreffed by their fubjects or people, and fhall ratify and confirm all and fingular the premises as before agreed, by letters patents fubfcribed with their hands, and fealed with their great feals, in good, fufficient, and effectual form, and fhall deliver the fame reciprocally within three months after the date of these prefents, or cause them to be delivered, in good faith and reality, and with effect. Given at Copenhagen, the 12th day of July, 1670. The following Explanation of the Third Article of the LES deux Souverains contractants s'engagent réci- lances, |