States, and in open fea; it being to be understood, that the equality fhall be mutual every way on both fides: And even in cafe the faid States fhould hereafter be in peace, amity, and neutrality with any Kings, Princes, and States, who fhould become enemies to his faid Majefty, either of the parties are mutually to ufe the fame conditions and reftrictions expreffed in the articles of this present treaty, which regard trade and commerce. 37. And the more to affure the fubjects of the faid States, that no violence fhall be offered them by the faid ships of war, all the captains of the King's fhips, and others his Majefty's fubjects, fhall be charged and enjoined not to moleft or endamage them in any thing whatsoever, upon pain of being punished and made answerable in their perfons and goods for the damages and interests fuffered, and to be fuffered, until due restitution and reparation be made. 38. And for this caufe the captains and capers fhall from henceforth every one of them be obliged, before they go out, to give good and fufficient fecurity before competent judges, in thé fum of fifteen thoufand livres tournois, to anfwer every one by himself for the miscarriages they may commit in their courses at fea, and for their captains and officers violations of this present treaty, and of the orders and proclamations of his Majefty, which fhall be published by virtue and in conformity of the regulation therein made; upon pain of being cashiered, and forfeiting the faid commiffions and licences: which fhall in like manner be practised by the fubjects of the faid States General. 39. If it should happen that any of the faid French captains should make prize of a veffel laden with contraband goods, as hath been faid, the faid captains may not open nor break up the chefts, mails, packs, bags, cafk, and other boxes, or tranfport, fell, or exchange, and otherwise alienate them, until they have landed in the prefence of the judges of the admiralty, miralty, and after an inventory hath by them been made of the faid goods found in the faid veffels; unlefs the contraband goods making but a part of the lading, the master or pilot of the ship should be content to deliver the faid contraband goods unto the faid captain, and to purfue his voyage: in which cafe the faid master or pilot shall by no means be hindered from continuing his course and the defign of his voyage. 40. His Majefty being defirous that the fubjects of the faid States may be used in all countries under his obedience as favourably as his own fubjects, will give all neceffary orders, that judgments and decrees upon prizes which fhall happen to be taken at fea, may be given with all juftice and equity, by perfons not fufpected nor concerned in the matter under debate and his Majefty will give precife and effectual orders, that all decrees, judgments, and orders of juftice already given and to be given, may be readily and duly executed according to their forms. 41. And when the ambaffadors of the faid States General, or any other of their public ministers refiding in his Majesty's court, fhall make complaint of the judgments which fhall be given, his Majefty will caufe a review to be made of the faid judgments in his council, to examine whether the order and precautions contained in the present treaty have been fol→ lowed and obferved, and to provide for the fame according to reafon; which fhall be done within the fpace of three months at the fartheft: nevertheless, neither before the firft judgment, nor after it, during the time of the review, the goods and effects which are claimed, may not be fold or unladen, unlefs it be with confent of the parties interested, to avoid the spoiling of the faid commodities, if they be perishable. 42. When process shall be moved in the first or fecond instance between those that have taken the prizes at fea, and the perfons interested therein, and the faid interested interested perfons fhall come to obtain a favourable judgment or decree, the faid judgment or decree fhall have its execution upon fecurity given, notwithstanding the appeal of him that took the prize; but the fame fhall not hold on the contrary. And that which is faid in this prefent, and in the precedent articles, for the caufing of good and fpeedy juftice to be done unto the fubjects of the United Provinces in the matter of prizes taken at fea by his Majesty's subjects, fhall be understood and practifed by the States General, in regard of prizes taken by their fubjects from. thofe of his Majesty. IV. It is alfo covenanted, that these above-written feparate articles, and all and every thing therein contained and concluded, fhall be confirmed and ratified by the faid King of Great Britain, and the faid States General of the United Provinces, by letters patents of both parties, fealed with their great feal in due and authentic form, within four weeks next enfuing, or fooner, if it may be; and mutual inftruments fhall be exchanged at Breda within the forefaid time; and the fame fhall be published, after the delivery and exchange thereof, in the ufual form and place. Done at Breda the 14 day of July, 1667. A Form of the Paffports 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 prefent Treaty. CESAR, Duke of Vendome, Peer and Great Mafter, 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 and permiffion to tor of a fhip called have granted leave mafter and conducof the city of of the burthen of tons or thereabouts, being at at prefent in the port and haven of laden with af to go to ter fearch fhall have been made of his ship, and he before his departure fhall make oath before the officers that exercise the jurifdiction of maritime causes, that the faid veffel doth belong to one or more of his Majefty's fubjects, an act whereof fhall be put at the bottom of the prefents, as alfo to keep and caufe to be kept by those aboard him, the orders and rules of the marine, and shall put into the registry the roll figned and certified, containing the names and furnames, the nativity and habitation of the men that are aboard him, and of all that fhall embark themselves, whom he may not take on board without the knowledge and permiffion of the marine officers; and in every port or haven where he shall enter with his fhip, fhall make appear to the officers and marine judges concerning the prefent licence, and fhall make them faithful relation of what hath been done and hath paffed during his voyage, and fhall carry the flags, arms, and colours, both the King's and ours, throughout his whole voyage. In witnefs whereof, we have figned these prefents, and caufed the feal of our arms to be put thereunto, and the fame to be counterfigned by our fecretary of the marine, the One thousand fix hundred (Signed) day of Cafar of Vendome. And underneath, By my Lord Matharel. And fealed with the feal of the arms of the faid Lord Admiral. WE ralty of A Form of the Act containing the Oath. in the paffport above, hath taken the oath therein. mentioned. of the Admi do certify, that mafter of the ship named day of Another the Made at Another Form of the Certificates that ought to be given by the Cities and Sea Ports of the United Provinces, to the Ships and Barques that go from thence, according to the Article abovefaid. TO the most Serene, moft Illuftrious, Illuftrious, moft Mighty, moft Noble, Honourable, and Prudent Lords, Emperors, Kings, Commonwealths, Princes, Dukes, Comties, Barons, Lords, Burgomasters, Sheriffs, Counsellors, Judges, Officers, Juftices, and Regents of all good cities and places, as well ecclefiaftical as fecular, who fhall fee or read thefe prefents. We burgomafters and governors of the city of do make known, that fhip-mafter, appearing before us, hath declared by folemn oath, that the ship called containing about lafts, of which he is at present the master, belongeth to inhabitants of the United Provinces, So help him God: And, as we would willingly fee the faid fhip-mafter affifted in his juft affairs, we do request you all in general and particular, that where the abovefaid mafter shall arrive with his fhip and goods, it may please them to receive him courteously, and ufe him in due manner, fuffering him, upon the ufual rights of tolls and other charges, in, through, and nigh your ports, rivers, and territories, permitting him to fail, pafs, frequent, and trade there where he fhall think fit. Which we shall willingly acknowledge. In witnefs whereof we have caufed the feal of our city to be thereunto put. [The following is printed from the copy published by authority in 1686.] Articles touching Navigation and Commerce, between the moft 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 GeVOL. I. M neral |