NOVEMBER 29, 1674. To the Right Honourable the Lord's Commissioners appointed for the Treaty of Commerce with France, The Humble Desire of the English Merchants trading to France, on behalf of themselves and the English Trade.  
May it please your Lordships;  
WITH humble Thankfulness acknowledging your Lordship's great Care of the Interest of Trade, and of the English Merchants Concerns, in your Lordship's requiring us to present our Desires in reference to the settling of a Treaty of Commerce with France: We do in all Humility humbly propose to your Lordships,  
I. That all former Treaties may be confirmed in whatsoever is not contravening to the present Treaty.  
II. That it may be provided, That in all the Countries, Cities, Villages and Places in Europe, belonging to the King of France, the English may have free Liberty, without any Safeconduct or Licence, general or special, to enter and come, and there to stay, abide and inhabit, as Householders and Warehouse-keepers, so long as they please, with the same Liberty, Freedom and Privilege, as the Subjects of France do in England; and to Import and Export any Merchandise as fully and freely as the Subjects of France may: And also may as freely buy and sell, either for their own Accounts, or by Commission as Factors for others, any Merchandizes; and particularly, That the English may freely Import and Vend in any the Dominions of France, both as Factors or Principal, all Native Commodities of the Product of the Kingdom of England, and the Dominions thereof, and all Manufactures of Wool or Silk, or mixed with Wool or Silk, of what Nature, Kind or Condition soever they be, as to the Make, Size, Length, Breadth, and other Circumstances whatsoever, without any Hindrance, Obstruction, or Molestation, on pretence of any Visitation or Examination touching the same, under pretence of being vicious, etc.  
III. That the Customs and Impositions in France, on the Importation of the English Manufactures of Wool or Silk, or mixed with Wool or Silk, be reduced to what they were in the time of the Treaty in Anno 1606. or at least to an Equality; and that no greater or higher Imposition shall be put on the same, either on Importation, Consumption, or Exportation of any Commodities, be required by the King of France or his Ministers, of the English, than of his own Subjects of such Places, Cities or Ports.  
V That all English Shipping may be suffered freely to go up the River of Bourdeaux to the City, without being compelled to take out their Ordnance at the Castle of Bloys, as was granted in the 11th Article of the Treaty of 1655.  
VI That all Letters of Mart be recalled, and none to be given but after Denial of Justice, as in the 22d Article of the Treaty of 1606.  
VII. That no Letters of Reprisal, Arrests or Executions, be granted on the Ships, Vessels, Goods or Merchandizes of the English, in any Haven, Harbour or Port, or on Shoar, for or under any Pretence of any Wrong, Injury, Debt or Debts whatsoever, but only on the sole and proper Goods of such Person or Persons that did the Wrong or Injury, or is the real Debtor; and in such case, sufficient Security to be given to answer all Damages, if on trial, the Party claiming shall not make good his Wrong, Damage or Debt, and that the Effects so arrested do properly belong to the Person that did the Injury, or owed the Money.  
And further, that all Letters of Reprisal, Executions or other Sentences whatsoever, heretofore given in favour of Martin Delaunay, Cadeau, Marseau, and Lacon, their Widows, Heirs or Assigns, or any other Persons, may be declared null and void, and not put in execution, on any of the Bodies, Ships, or Goods, or Effects of any of his Majesty's Subjects.  
VIII. That all English Ships coming into any Haven or Port of France, or the Dominions thereof, by reason of any Tempest, Pursuit of Enemy, or otherwise, for Conveniency of their Trade, or Refreshment; shall not be obliged to pay any Customs or Duties, but only to give notice so soon as they can send with Conveniency on shore, of the Reason of his coming thither: And that if such Master do not send on shore such timely Notice, yet the Want or Neglect thereof shall not be understood to confiscate the Ship, or render the Goods, or any part of them, liable to Custom, if such Master do not of his own accord desire to land them; and that all the Penalty that shall be required of such Master, shall only be double the Hire of such Boat as shall be by the Governor of the Place sent on board him.  
IX. That any English Merchant that shall fraught Ships to go to any Port of France, to load Goods, may have the Freedom of their own Ships, and not be forced to take in the Goods of any others, without their free Consent; and that no English Ship be at any time hindered to lad such Goods as any Merchant shall desire to load in him, by reason of any French Vessel loading for the same Port.  
X. That the English may freely trade to all Ports and Places, tho' in Enmity with the French, and carry any Corn, Fish, or other Provisions, as also Led in Pigs and Bars, Tobacco, Sugar, and all other Commodities, those only excepted which shall be particularly enumerated in this Treaty, and declared Contrabanda.  
XI. That free Ships may make free Goods, and that no English Ship may be further questioned by any Man of War, or any Ship of France, that to evidence the Ship is an English Ship, and sailed by the major part of English Men, and that the Cocquets and Dispatches of the Custom-houses of the respective Ports, shall be allowed as sufficient Testimony of her being an English Ship; any Law or Usage to the contrary notwithstanding.  
XII. That no Personal Taxes be imposed on any English Merchants residing in France, other than are generally required of, and paid by the Natives and Free Burghers of the same Quality and Condition, and that one Person shall not be chargeable with the Tax of any other.  
XIII. That the Testimony of one Englishman, in all Cases, Civil or Criminal, may be taken as good Evidence, where the Witness is not concerned, it being so constantly practised in England towards the French.  
XIV. That all Merchants and Masters of Ships shall be left at liberty in all Parts and Places of France, to do their own Business, and to employ such Persons only, as he or they shall think fitting, and not to be bound to take any Interpreter or Broker, nor to pay them any Salary, except they please to employ them. And in case of any Mistake made, either by the Merchant or Master of any Ship, in any Entry or Declaration of his Loading in any part of the Goods in his Ship, no Advantage shall be taken against the Ship, or other Merchandizes therein, but only against those Goods so omitted.  
XV. That all English, as well Gentlemen as Merchants residing in France, may have liberty, in case of Death, to dispose of their Estates by Will or otherwise, and that their Executors and Administrators may receive the Estate and Effects of the deceased Party, whether they died Testate or Intestate, notwithstanding the Droit n' Aubeine, or any other Law, Usage, or Custom to the contrary.  
XVI. That in case of War, six months' Liberty be reserved to the English to withdraw their Estates, as in the 26th Article of the Treaty in 1655.  
XVII. That if it be thought convenient for the better preserving the Trade and Rights of the Subjects on each side, there may be annually chosen in the chief Ports and Cities of either Kingdom, or in so many as shall be thought fit, two of the ablest English Merchants, and two French Merchants, who may be impowered not only publicly to appear on behalf of either Nation, for the securing to each Party, the Benefit and Privileges granted by this Treaty, but also to determine and adjust such Complaints and Difficulties as may arise thereupon, as was propounded in part of the 7th, 8th, 9th, 10th, 11th, and part of the 12th Articles of the Treaty in Anno 1606.  
XVIII. That this Treaty may be registered, proclaimed and published in all the Courts, Parliaments, and Judicatures of the Territories of France, where it may, as occasion shall require, be effectually pleaded.   

To the Right Honourable the LORDS COMMISSIONERS appointed for the Treaty of Commerce with France.  
May it please your Lordships,  
HAVING, in Obedience to your Lordship's Commands, presented your Lordships with our humble Desires, in reference to the settling a Treaty of Commerce with France; we humbly crave Leave, in all Humility, to represent to your Lordships some Explanations of the same, with the Reasons enforcing them, and Answers to such Objections as may be made thereunto, by the Ministers of France.  
We taking it for granted, (as we have formerly been given to understand) that a mutual Reciprocation and Equality was intended to both Nations, have accordingly calculated and framed our Proposals: And doubt not but if the English be set on equal Terms, they will be able to carry on and continue the Trade to the Honour and Benefit of his Majesty and the Kingdom; whereas, otherwise, nothing can be expected but the Loss and Ruin to the Trade of the English.  
Proposal I. The first Proposal for confirming of former Treaties is what is usual, and hath in most Treaties been inserted.  
Proposal II. The second Proposal for Freedom of Trade comprehends,  

1. A Liberty to inhabit as Housekeepers, or Warehouse-keepers, in any of the Cities of France, with the same Liberty, Freedom, and Privilege, as the Subjects of France do in England.  
2. A Liberty to import any Merchandise into France, as fully and freely as the Subjects of France may.  
3. A Liberty in express Terms of importing into France, and vending there, all Woollen and Silk Manufactures, of what Nature or kind soever they be, as to the Make, Size, Length, or other Circumstances whatsoever, without any Hindrance, Obstruction, or Molestation, on Pretence of any Visitation or Examination touching the same.  
4. A Liberty for the English residing in France, to sell either for their own Accounts, or by Commission, as Factors for others.   
All which we humbly conceive of absolute Necessity.  
1. As to the First, A Liberty to inhabit and reside as Housekeepers, or Warehouse-keepers. It is essential to the Freedom of Trade; and no more is desired for the English in France than the French enjoy in England, which therefore we humbly conceive most just and reasonable, and not to be denied; yet the English have been and are denied this Liberty in Paris, where there are but 36 Foreigners of all Nations permitted, amongst which, at present, but one English Merchant, (that we know of) who was not there admitted as English, on Terms of Reciprocation and Freedom of Commerce, but was forced to be naturalised, and hath purchased his Privilege there, at great Charge, on strict Conditions, so that now he may rather be said to be a Subject of France than of his Majesty of England.  
To that which may be Objected by the French Ministers, That it is a Privilege granted to the Citizens of Paris, and that the particular Rights and Privileges of Cities are to be preserved and maintained.  
We pray your Lordships to consider, That tho' it may be true, that the particular Rites of Cities ought in National Treaties to be reserved; yet it must be understood (as we humbly conceive) of such Rites as consist with a mutual Commerce, else it is impossible that there should be a Reciprocation and Equality. Can any Kingdom or City rationally expect a free Trade in another Kingdom or City that is of equal Dignity and Power with, and not in Vassalage and Subjection to them, when they will not admit it in their own. By the same Reason the English are excluded Commerce in Paris, the French may be excluded in London; and whether it be not dishonourable for his Majesty to grant the French such a Freedom here, while his Subjects are excluded there, we humbly leave to your Lordship's Consideration.  
2. As to the second, A Liberty to import and bring in any Merchandise, etc. We do limit and restrain the same by this Clause, as fully and freely as the Subjects of France may, that so the Liberty to the French of importing into England may be equally restrained by a like Clause, as fully and freely as the English may, intending thereby to preserve the Act of Navigation, whereby the English are debarred from importing Goods from some Places, unless in English built Shipping; and from others in English Ships, or Ships of such Country whereof the Goods are the Product or Manufacture; otherwise, if the Words were left in general, to import any Merchandise, the French might thereby claim a Liberty of importing Goods into England, contrary to that Act, and thereby the said Act, so beneficial to this Kingdom, would be rendered of little Use or Benefit, and the French would be made more free, and have greater Privilege in England than his Majesty's own Subjects.  
3. As to the third, A particular Specification of Liberty for the English to import and vend all sorts of Woollen and Silk Manufactures, without Visitation, etc. We humbly conceive that the Vent of our Manufactures in France (being the chief (if not the only) thing, by which the English Nation can reap any considerable Benefit from the Trade of France) ought specially and particularly to be provided for, that they may be freely admitted, without Restriction or Visitation, on Pretence whereof, in Virtue of some old Laws in France, for Regulation of Drapery, the Officers in France have oftentimes caused the English Drapery to be thrown into the Water, whereby they have been rendered unfit for Sale; and the like Practice, if not well provided against, may at any time be made Use of, and would be as effectual to destroy our Trade as a Prohibition.  
That which we apprehend may be objected by the French Ministers is,  
1. That the Laws for Visitation of Cloth in France are ancient Laws, were taken Notice of and allowed in the Treaty of 1606. with some Provision touching the same, as the making the Conservators of Trade, Judges of what was faulty, and what not; and giving Liberty to carry the faulty back, without Confiscation; and that the like Provision may be made in this present Treaty.  
2. That this is no more than the King of France his own Subjects, that are Makers of Drapery, are subjected to, and therefore ought not to be excepted against by the English.  
For Answer to which, granting it to be true in Fact, as is alleged, we say,  

1. That ancient Laws for the Regulation of the making of Drapery are not now of Use in reference to the Ends designed at their first Constitution; for that the Manufactures are changed and altered according to the Modes and Fancies of the Times.  
2. It is apparent by the Treaty of 1606. that the putting those Laws in Execution against the English, was a Grievance than complained of, and the Provision then made hath not been sufficient; but the English have since that Time, exceedingly suffered in their Trade, which is the Reason we desire that by this Treaty a full and perfect Exemption of the English Drapery from those Laws may be settled.  
3. That Laws in this kind are properly made in every respective Country, for the promoting their own Manufactures, and not to oblige the Makers in other Countries. The King of France may make what Laws he pleaseth for Regulation of his own Manufactures, whereby to render them in Esteem and Repute; but we humbly conceive ought not to impose the same on the English, but that they may make such Manufactures, and in such manner, as they judge fit. The Buyers are to look what they buy. If the English do not make so good and serviceable Commodities, they will lose the Vent, and the French will have the Advantage thereby. And we pray your Lordships to consider that these Laws are not so much (if at all) made Use of for Regulation of French Manufactures in their Goodness and Repute, as they are for the Ruin and Destruction of the English Trade in Drapery.   
4. As to the Fourth; A Liberty for the English residing in France to buy and sell either for their own Accounts, or by Commission as Factors, for others. This we desire; because at Bourdeaux, and other Places, the English have been at some Times expressly prohibited (and are not at any Time permitted de jure, but by Connivance) to sell any Goods for others by way of Commission, and great Penalties are enjoined upon the same.  
We pray your Lordships to consider how impossible it is, that the English should breed up any Youngmen in France, as Merchants, when they are not permitted there as Factors: Youngmen, not having Stocks to give them Employ, and answer Expenses, cannot; and Men of Years, Estates, and Families, will not leave their own Country to reside in France; so that if this be not provided for, there will no English reside in France to Trade; whenas England shall be filled with French Factors, to learn here the Trade of Merchants, who having raised Estates here, return to their own Country with their Wealth, and send other Youngmen to settle in their Rooms. Besides, the English must either have very little Trade to France, or else must hazard their Estates, by putting them into the Hands of the French, which may be attended with many Inconveniencies.  
Proposal III. The Third Proposal touching Customs, contains three Particulars.  

1. The Reduction of the Customs in France on English Manufactures of Wool and Silk to an Equality.  
2. An Assurance that they shall not be charged hereafter with new Impositions or Excise, nor any Defence made of their Consumption.  
3. The Rendering the English free from Strangers Customs in France. 1. As to the first, the Reduction of Customs.   
We pray your Lordships to consider the Necessity of Establishing the Customs on an equal Foot; otherwise, it is impossible for the English to have any considerable Vent of their Manufactures in France.  
The Consequence whereof, as your Lordships will perceive by the Scheme herewith presented, will be (by the continuing the French Trade) a daily wasting of the Stock of this Nation, in that our Imports will so vastly exceed our Exports.  
Object. 1. That his Majesty hath laid great Impositions on French Wines and Brandy, which (as they may suppose or pretend) may be prejudicial to the Subjects of France, both in Quantity and Price. To which we answer,  
Answ. 1. That in Fact it is far otherwise; for that since his Majesty's imposing those Duties, the Quantities of Wine and Brandy imported into England from France, have been far greater, and purchased at much higher Prices than before. From Mich. 1663. to Mich. 1664. there was imported into the Port of London, 6828 Tuns of French Wine, and the Quantity of Brandy was then so small that it deserves not to be noted.  
From Mich. 1667 to Mich. 1669, being after the raising the Duties on those Commodities, there was imported into the Port of London, in the said two Years, about— 17000 Tuns of Wine.  
And of Brandy about— 3000 Tuns.  
From Mich. 1672 to Mich. 1674. being two Years, was imported into the Port of London upwards of— 22500 Tuns of Wine.  
From Mich. 1671 to Mich. 1673, was imported to London above 7315 Tuns of Brandy, and every Tun of Brandy consumes about 5 Tuns of Wine, which makes the Quantity of 25000 Tuns of Wine.  
And all sorts of Claret are risen double in Price since the Year 1667. So that it is evident, That the Impositions on Wines and Brandy in England are only on his Majesty's Subjects, on the Consumption, and do no ways impair the Trade of those Commodities, either in Quantity or Price, to the People of France.  
2. We answer, That Impositions in England on Wine and Brandy, cannot properly be objected against the Reduction of the Impositions on English Manufactures in France, for that the French Manufactures imported into England do not only answer, but exceedingly much surmount in Value the English Manufactures imported into France; so that the Wine and Brandy stands upon a distinct Foot, and the French have wholly the Advantage thereof above the English.  
Object. 2. If it should be objected, that the Reduction of the Impositions on the English Manufactures in France would ruin the French Manufactures,  
Answ. We shall only crave leave with all Submission to say, That without a Reduction, not only the Manufactures of England will decline, but the Stock of the Nation will be consumed and exhausted by the Continuance of such a destructive and unequal Trade.  
Object. 3. If it should be proposed to reduce the Impositions in France on English Manufactures, to what they were at some prefixed Time, as to Anno 1664, or to Anno 1654., or some other time since 1606.  
Answ. 1. We pray your Lordships to consider, That unless they be reduced to an Equality, it would be contrary (as we humbly conceive) to what was laid down as the Foundation of the present Treaty, viz. a mutual Reciprocation and Parity.  
The Duty on an English Broad Cloth imported into France was in Anno 1632, 6 Livers; in Anno 1644, it was raised to 9 Livers; in Anno 1654., to 30 Livers; in Anno 1664, to 40 Livers, and in Anno 1667, to 80 Livers.  
A Piece of Serge in Anno 1632. paid one Liver; in Anno 1644. in Anno 1654., 5 Livers; in Anno 1664, 6 Livers; and in Anno 1667, 12 Livers.  
2. Though it may be possible, That a Reduction to 1664. may somewhat augment that small Consumption that now is, and so a Reduction to his Majesty's happy Restoration, or to Anno 1654. somewhat more; yet neither the one nor the other would so far enlarge the Trade, as to bear any Proportion between the English and French Manufactures, and prevent the Decay of the Stock of the English Nation by that Trade.  
2. As to the second, An Assurance, that the English Manufactures shall not be charged hereafter with new Impositions or Excise, nor any Defence made of their Consumption.  
We humbly conceive this necessary, because the French have from time to time raised the Duties, as appears by the Instances before given, tho' by the 3d Article of the Treaty of 1606, the Customs were to remain as then they stood, and also because by an Arrest of the French King, a private Agreement of the Stocking-weavers and Stocking-sellers in Paris, that the one should not sell, nor the other buy of any other Persons, but only to and of each other, was established, whereby that Trade of the English in Silk Stockings was totally ruined; and the like may be practised in reference to other Manufactures, and would have the same Effect, such Agreements so confirmed and authorized being of equal Force with a Prohibition of the Manufacture.  
3. As to the third Particular, the rendering the English free from Strangers Customs in France,  
To what may be objected in reference to this, is,  
Object. 1. That these are Privileges granted to the Burghers and Freemen of particular Cities. We answer,  
Answ. That were it only City or Town Duties, as it is in England in many Corporations, of Scuvage, Parkage, etc. being very small and inconsiderable, it were reciprocal; but when it is a Duty of Customs due to the King, of that Importance, it is of the same nature as the Stranger's Custom in England, which as the French receive an Exemption from in all Cities and Towns of England, so ought they to grant to the English the like Exemption from, in all Cities and Towns of France.  
Object. 2. If it should be proposed, That the English should have the like Privilege as Frenchmen, not Free Burghers of such Cities and Towns; we reply,  
Answ. That the French in England pay no other Duties to his Majesty (if the Strangers Customs be remitted) than the free Burghers of any Cities or Towns in England; and that if this be not provided against, the English may at pleasure (on like Pretence) be excluded from all Trade in France.  
Object. 3. If it be alleged, That the remitting of these Duties to the English will cause a general Complaint from the Free Burghers of such Cities and Towns in France, it may be answered,  
Answ. That his Majesty's Subjects may as justly complain, if the Strangers Duties be remitted to the Subjects of France.  
We humbly conceive, to render things equal on both sides, his Majesty not taking the said Duty of French Ships but once in one Voyage, tho' the Vessel load and unload at divers Ports; the French King should grant the like in France in reference to the English Ships, which hitherto hath not been done, to the great Prejudice and Discouragement of the English Navigation.  
Proposal VIII. The 8th Proposal to prevent Confiscation of Ship and Goods, or Payment of Custom, in case of an English Ships being forced into a French Port, and the Master not giving speedy Notice to the Governor of the said Port;  
This we humbly propose because an English Ship which put into Haure de Grace Read for Re●●●f in a Storm, was seized on, upon pretence that the Master ought to have given an Account to the Governor in three 〈…〉 he having omitted, it was pretended a sufficient ground to confiscate Ship and Goods; and had not the Master with a good Sum of Money procured a Release, both Ship and Goods had been lost. Also when any laden English Ship comes into any Port of France by Stress of Wether or otherwise, the French have sometimes forced them to pay the Customs, and at other times to give Security for the Customs, even when the Ships have been bound to other of their own Ports.  
Proposal IX. The 9th Proposal, That Englishmen might have the Freedom of their own Ships, and not be forced to lad any Man's Goods without their own Consents, and may not be hindered from lading their Ships, to give a Preference to the French Ships.  
This we humbly conceive necessary, because that in Morlaix and other Places of France, several English Vessels consigned to Merchants have been forced, notwithstanding Propriety and Charter-party, to take in Frenchman's Goods equally, and sometimes preferably to their own, and at other times have not been suffered to load their Vessels, till French Vessels then in lading have been first loaden, to the great Disadvantage and Discouragement of the English.  
Proposal XII. The 12th Proposal to prevent extraordinary Taxes on the English residing in France, and the forcing one Man to pay for another,  
Is humbly conceived necessary, because that formerly in many Places of France extraordinary Personal Taxes have been charged on the English, and one Man's Goods seized to pay all the Taxes of the English in the said Place.  
Proposal XIII. The 13th Proposal, That one English man may be a Witness for another in all Cases where he is unconcerned.  
This is desired to be provided for in the Treaty, because it hath formerly been denied in France, to the great Damage of the English; whereas in England it is constantly allowed in all Courts of Justice.  
Proposal XVIII. The 18th Proposal, That this Treaty of Commerce may be registered in all the Courts of Parliament and. Judicatures of France,  
We humbly conceive of most absolute necessity, for otherwise it will not be pleadable in any of their Courts of Justice. And for the English upon every Dispute that may arise, to be necessitated to attend the French King and his Council at Paris, which is some hundred of Miles from many Places of Trade; the Charge of such Journeys, and Loss of Time, would be as ruinous as the Matter in dispute. And we pray your Lordships to consider, if it be not so settled, That the English may have Justice in the ordinary Course in all Places, how easy it will be for the French King or his Ministers to render ineffectual and of no Benefit to the English, all the Articles of this or any other Treaty.  
The 5th, 6th, 7th, 10th, 11th, 14th, 15th, 16th, and 17th Proposal▪ we suppose need no further Explanations or Reasons to enforce 〈…〉 being the same that have been granted in former Treaties.  
All which is humbly submitted, etc.