Treaty of Marine, Between the Illustrious and Most Mighty KING CHARLES THE SECOND, By the Grace of GOD, King of Great Britain, France, and Ireland, defender of the Faith, etc. AND THE High & Mighty LORDS, the STATE'S GENERAL, of the UNITED NETHERLANDS. To be observed, in all the several parts throughout the whole World, by Land, and by Sea. Concluded in London, the first of December 1674. In the Savoy, Printed by the Assing of john Bill, and Christopher Barker, Printers to the Kings most Majesty. 1675. Treaty of Marine, Between the Illustrious and most Mighty KING CHARLES THE SECOND, By the Grace of GOD, King of Great Britain, France, and Ireland, defender of the Faith, etc. And the High & Mighty LORDS, the STATE'S GENERAL, of the UNITED NETHERLANDS, To be observed, in all the several parts, throughout the whole World, by Land, and by Sea, Concluded in London, the first of December 1674. WHereas by the Treaty Concluded at Westminster, the 9/19 of Febr. 1674. between the Illustrious and most mighty King, Charles the second, by the Grace of God, King of Great Britain, France, and Ireland, defender of the faith etc. And the High and Mighty State's General, of the united Netherlands: it is agreed, by the vl, and Nineth Article, That six Commissionors to be named on the part of the said. Illustrious King of Great Britain, with the like number on the part of the Lords the State's General, to be sent to London, A treaty shoules bemade, And whereas Thomas Lord Culpeper, George Downing, Knight and Baronet, Richard Ford, William Thompson Knights, john jollif, and john Buck worth Esquires, are to that End appointed, by the aforenamed Illustrious King of Great Britain, As also that john Corver, and Giles Sautin, Schepen, and Council of the City of Amsterdam, Samuel Beyer, and Andrew van Vossen, Council, and Recorder, of the respective Cities of Rotterdam, and Enckhuysen, Pieter Duyvelaer, late Burghemaster of Middelburgh, And Michael Michelson, Schepen and Council of the City of Flushing, Commissionors sent to London, on the part of the Lords States General, have had Several meetings, and debates, touching that matter, have finally by virtue of their full powers (inserted at th' End of this treaty) in order to th' aforesaid Articles unanimously Consented, and agreed, on the following Articles, of A Treaty, of Marine, to be observed in all the Several parts of the World, by Land, and by Sea, I. All and Every the subjects, of the most serene, and Mighty King of Great Britain, beforenamed, shall with all safety, and Freedom, Sail, and Traffic, with All manner of Marchandises, in all Kingdoms, Countries, and Estates, which are, or shallbe, in Peace, Amity, or Newtrallitie, with the said King, without being troubled, or disquieted in that liberty, by any of the Ships of War, or other Vessels, belonging unto the State's General, or any of their subjects, under Colour of any Enmity, or difference, which now, or hereafter, might happen, to arise, between the State's General, and any Nation, which shall be in Peace and neutrality with the said King: In like manner, all and Every the subjects of the State's General, shall with all Safety, and Freedom, Sail, and Traffic, with all Manner of Marchandises, in all the Kingdoms, Countries, and Estates, which are, or shallbe, in Peace, Amity, or Newtrallitie, with te said States, whout being troubled, or disquited, in that liberty, by any of the Ships of War, or other Vessels, belonging to the said King, or any of his subjects, under Colour of any Enmity, or difference, which now, or hereafter, might happen to arise, between the said King, and any Nation, which shallbe in Peace, and Newtrallitie, with the said States. II. This Freedom of Navigation, and Traffic, shall extend, to all sorts of Merchandises, which may be transported in times of Peace, and shall not be disturbed under any pretence of war, Savenig only suck goods, as are declared Contrabande, in the following Article. III. Under the name of Contrabande, or wares forbidden, are only comprehended, Arms, Muskets or Barrels, and their appurtenances, Fireworks, Gunpowder, Match, Ball, Swords, Lances, Pikes, Halberds, Canon, Mortar-peeses, Petards, Granades, Rest, Bandeliers, Saltpetre, Musket's Bullets, Morions, Headpeeses, Brestplates, Quirasses, and such like Arms, Soldiers, Horses, and all Manner of utensils belonging to horse, Holsters, Belts, and whatsoever else may be needful in War. FOUR Amongst the wares forbidden, or Contrabande, these following shall not be included, viz Cloth, and all Manufactures Made of Wool, Linen, Cotton, or any other Stuffs, all Manner of clothes, or clothings, with the Stuffs whereof they are made; Gould or Silver, Coined, or Uncoined, Tinn, Iron, Led, Copper, Coals, Wheat, Barley, and all other Kind of Corn, Tobacco, and all manner of Spice, Salted, and dried Flesh, or Fish, Cheese, or Butter Beer, Oil, Wine, Sugar, and all Kind of Salt, as also all manner of things useful for the food of mankind, furthermore, Hemp, Tar, Pitch, all sorts of Ropes, Sailes, Anckers, Masts, Planks for Schipping, Deals, and Balks of all Sorts, and Generally, all things necessary for building, or repairing of ships, Yea all manner of wares, and Merchandise, shallbe Accounted free, which are not Expressed, in the foregoing Article, and the transportation of them shallbe permitted, by any of the King's subjects, Even unto places in Enmity with the States, as also in like manner, by any of the subjects of the States, unto places In Enmity with the King, Except such Cities, and places, as are besieged, blocked up, or Invested. V And to remove all manner of differences, or discontents, which might happen, by Land, or Sea, it is agreed, that all Ships, belonging unto the subjects of the said King, which shall enter Into any road, or port, belonging unto the States, and purposing te pass from thence, schalbe only obliged, to show unto th' Officers off such port, or in case there be any Ships of war, or other Ships having Commission, unto the Chief Commandors thereof, their passports, without paying, or giving, aught unto them, But in Case they shall meet with any of the States Ships of war, or others having Commission, at Sea, without the Territories of the said States, they shall keep at A reasonable distance, and shall only with two or three men in their boat, go aboard of such Ship, or Vessel, as shall belong unto any of the King's subjects, to see the Passports, Containg the Lading of such Ship, which being showed, by the Captain or Master of such Vessel, they may not be hindered, retarded, or forced, to alter his course, And the subjects of the State's General, shall Enjoy the like freedom, Having showed their Passports, in manner, as aforesaid, the Content whereof shallbe, as hereafter is Expressed. VI But if any Ship belonging unto the subjects of the said King, shall sail to any port, in Enmity with the States, or any Ship belonging unto any subject of the States, shall sail to any port, In Enmity with the said King, be met at sea, such Ship, shall not only show his passports, in form as hereafter is Expressed, which he shallbe obliged to have, but also Certificates made by the Customer of that port, from whence he shall set sail, Containing the Lading of such Ship, to th' End it may be known, Whether he have any Merchandises in his Ship, which are forbidden by the third Article of this treaty. VII. And in Case any goods or Merchandises, which are before declared to be contrabande, or forbidden, befound or discovered, by viewing of the said Certificates, to be made by the Customer of that port from whence such Ship shall set sail, and be bound to any port in Enmity with th' other party, the Commander in chief of that Ship where such goods are found, Whether hebe A subject of the said King, or of the States, shall not break open the said Trunks, Cases, Packs, or Fatts, Wherem such goods are, but in presence of surveyors, appointed by the judges of Sea affairs, to be by them Inventorised, Yet none of them shall be sold, disposed of, or alienated, before Judicial proceed be made, and that the Judges of sea Causes, shall by their sentence have Condemned the same, Yet the Ship and all other Merchandises which befound therein, and are not forbidden by this treaty, shall be free, and not detained, or Confiscated, under any Pretence of Contraband goods Whatsoever, And in case some part of the Lading only be forbidden, and Contrabande goods, the Commandor in Chief of such Ship, showing himself willing, and ready, to deliver such unto him, that shall have found them, shall not in such case be forced, to Enter Into any port, but left all liberty, nor any wise hindered, in the prosecution of his Intended voyage. VIII. It is further agreed, that all Goods belonging to subjects of the said King, which shall be found in Ships belonging to Enemies of the States, though otherwise free, shall be Confiscable, and on the Contrary free, whatsoever shall be laden in Ships which belong unto subjects of the said King, though the whole Lading, or any part thereof, might belong unto th'enemies of the States, Contra band goods Excepted, which being seized, shallbe proceeded against, as in th'aforegonig articles, In likemanner, what goods soever, belonging to the subjects of the State's General, which shall be found laden in any Ship, belonging to th'enemies of the said King, though otherwise free, shall be Confiscable, and on the Contrary free, whatsoever shall be laden in Ships which shall belong unto subjects of the States, though the whole Lading, or any part thereof, might belong unto th'enemies of the said King, Contra band goods Excepted, which being seized shall be proceeded against, as in th'aforegoing articles, But to th'End, that no unexpected damage bedone, by th'one being In peace, when th'other may be in war, it is provided and agreed, that any Ship belonging to th'enemy of th'other, and laden with goods belonging to the subjects of th'other, the said goods shall not thereby be confiscable, in case they were laden, before the day, and time agreed upon, after declaring and publication of such war, viz if the goods were laden between the Soundings, and the ness in Norway, within six Weeks, after such declared war, from the said Soundings, to the City of Tanger, within two Months, and ten weeks within the Mediterranean Sea, or within Eight Months, in all other Coasts, and places of the World, Where fore the goods, which shall be found laden in Ships belonging to th'enemy, and appertaining unto the subjects of his Majesty, shall not be forfeited, but immediately delivered unto the owners thereof, unless they were laden, after the day, and time, limited, within the several districts, aforesaid, Yet so as the said wares which are called Contrabando, and for the said reason confiscable, shall not be transported to any port belonging to th'enemy, In like manner, the goods which shallbe found laden, In Ships belonging to th'enemy, & appertaining unto the subjects of the States, shall not be forfeited, but Immediately delivered unto th'owners thereof, unless they were laden, after the day and time limited, within the several districks, aforesaid, Yet so as the said wares, which are Called Contrabando, and for the said reason Confiscable, shall not be transported to any port belonging unto th'enemy. IX. And to th'End that his Majesties and the States subjects, may be secured from damage, by Each others Ships of war, or having private Commissions, all Commandors in chief, of any his Majesties, or the State's Ships of war, as also all their subjects Having private Commissions, and such as have Privilege to Navigate to and fro, shallbe Commanded to abstain from doing of any damage to Each other, and In case they do otherwise, they shallbe punished, and moreover be obliged to repair the damage, where unto their persons, and goods, shallbe liable. X. Wherefore all Commanders in Chief, of private men of war, shall before they have their Commissions, give suffitient security, by ablemen, that are not owners, or otherwise Interessed therein, in the some of fifteen hundred pounds sterling, or Sixteen Thousand five hundred Guildens, that they will give full satisfaction for any injuries, or wrongs, which that Ship may Commit in their Courses at Sea, and for their Captains, and Officers, which shall violate this present treaty, or any other between his Majesty and the said States, under penalty, of forfeiting their said Commissions, In which the said Caution shallbe inserted as aforesaid, And moreover it is agreed, that the Ship shallbe obliged, to satisfy, & repair, all such injury, and damage, as shallbe committed. XI. His Majesty, and the said States, shall treat Each others subjects, within their respective territories, with the like favour, & shall when any prizes are-taken, give their Commands, That justice bedone, according to the rules of Equity, & justice, by judges unsuspected, and unconcerned, in the matter under debate, And his said Majesty, and the States, shall give strict orders, that all decrees, judgements, and orders, already given, and to be given, shallbe Executed, according to the tenure of them. XII. When the Ambassadors of the said States General, or any other of their public Ministers, residing at his Majesty's Court, shall make Complaint, of the judgements which shallbe given, his Majesty will cause a review to bemade, of the said judgement, in his Council, to Examine, whether the order, and precautions, Contained in the present treaty, have been followed and observed, and will also provide, that Every plaintiff shall have justice done him, within the space of three Months at the farthest, And when in like manner, his Majesty's Ambassador, or other public Minister Residing with the States shall make Complaint of the judgements which shallbe given, the State's General, shall cause A review to be made, of the said judgement, in th'assembly of the State's General, to Examine, whether the order, & precautions, contained In the present treaty, have been followed and observed, nevertheless It shall not be lawful, either before, or after, any decree, the review Yet pendant, to unlade, or sell, any of the goods in dispute, Without the consent, of parties concerned therein, XIII. The case depending, between the takers of prizes, and the claymors, or defendants, if it be decreed in favour of the defendant, such decrees shall have its Execution under caution given, notwithstanding the taker may have appealed, which rule shall not be followed when A decree is passed against the defendant. XIV, And because Masters of Merchant's Ships, and their Mariners, do many times suffer barbarous cruelties, when in times of war, they fall in the hands, of Capers, by forcing of them to confess what they Would have, It is agreed, that his Majesty, and the State's General, shall straightly forbid, such unchristian like Actions, and such as shallbe convinced by lawful witnesses, shallbe punished severely, in terror to others, and all Commanders in chief of Ships, which shall upon due proof have committed such villainous acts, by them selves, or others, at their Instigation, or connive at such actions, being acted, shall above the punnishint to be Inflicted, beturned out of their service, and such Ship as shall betaken, and brought in as prise, whereof the Master, or Mariners shall have suffered any torture, shall Immediately be restored, and freed from any further Inquisition, or Encumbrance whatsoever, with all her lading. XV. It is also agreed, that severe punishment, shall likewise be Inflicted, on those who shall transgress against the 21 Article of the treaty of peace concluded at Breda, by takeing of Commissions from An Enemy, to rob the Ships of an ally, otherwise then is Expressed in the said Article. XVI. Lastly it is agreed, and concluded, that this present treaty, and Every particular clause therein, shallbe ratified, and confirmed, assoon as possibly it may, and that the respective ratifications, shallbe Exchanged within two Months after the date hereof, And that the said treaty, whin one Month after the said ratification shall be Exchanged, shallbe delivered in due form unto the Chief directors of th' English Companies, trading to th'East Indies and Africa, as also to the directors of the East, and West India Companies of the Netherlands, And that his Majesty, and the State's General, shall give Notice hereof, to all their respective Governors, and Commanders, of Colonies, and places, In any part of the World, as soon as possibly it maybe, to th'End that Every one, within the Limits of his Command, may precisely observe and Execute the same. In all which and Every particular therein Contained We the Commissioners on the behalf of his Majesty, and the State's General beforenamed, by virtue of the power granted unto us have subscribed our Names unto these Articles and Sealed them with our seals: In London the first of December 1674. And was Signed. Th. Culpeper, (L. S.) G. Downing, (L. S.) Richard Ford. (L. S.) Will. Thomson (L. S.) john jollif. (L. S.) john Buckworth. (L. S.) (L. S.) I. Corver. (L. S.) G. Sautijn. (L. S.) Samuel Beyer. (L. S.) And. van Vossen. (L. S.) Petrous Duvelaer. (L. S.) Mich. Michielsen. FIN.