ARTICLES OF PEACE, FRIENDSHIP & intercourse, Concluded and Agreed between ENGLAND AND FRANCE, In a TREATY at Westminster, bearing date the Third of NOVEMBER, New style, in the Year of our Lord God, 1655. Printed and Published by His Highness special Command. EDINBURGH, Reprinted by Christopher Higgins, in Harts-Close, over against the TRONE-CHURCH, 1655. ARTICLES of Peace, Friendship, and intercourse, concluded and agreed between ENGLAND and FRANCE. I. IT is agreed and concluded, That from henceforth there shall be a Firm Peace, Amity, Alliance and Confederation between the Common-wealth of England, Scotland and Ireland; and France, and all the Lands, Dominions, Cities, and Places belonging thereunto, or under their respective obedience. And the People and Subjects of each Nation may safely and freely travail in and through all the Ports, Havens, and Cities of either, as they shall think good, without any wrong or injustice to be done unto them; but rather all favour and justice, which the Judges and Officers of those places shall see duly observed. II. Neither part shall directly or indirectly, aid or assist the already declared Rebels or Enemies of either, or their future Adherents. And if either part shall hereafter make Peace or Truce with their Enemies already so declared, the said Part, so making Peace or Truce, shall not give or yield any aid or assistance to the said Enemies or their Adherents, against the other. III. That from henceforth all Acts of Hostility shall cease on both sides, as well upon the Sea, as at Land, Rivers, and Fresh-waters. And that all Letters of mark or reprisal, which have been granted by either Part against the other, either to their own People and Subjects, or to any others, shall be recalled and made voided. And what shall be taken, upon any pretence after Fourteen dayes next immediately ensuing the Publication of the present Treaty, shall well and truly be restored. And if any wrong or injury be done by either Part, or by the People, Subjects, or Inhabitants thereof, against the People, Subjects or Inhabitants of the other, either against the Articles of this Treaty, or against Common Right, there shall yet no Letters of mark or reprisal be granted by the one, or the other, till Justice be first sought in the ordinary course of Law; and in case that Justice be either refused or delayed, then, that demand be made thereof by the supreme Power of that Commonwealth, whose People or Inhabitants have suffered the wrong, or by such as the supreme Power shall deputy. But if within Three months after such demand made, Satisfaction be not given according to Justice, that then the said Letters of mark or reprisal may be granted, which yet shall not be put in execution against any Goods, Ships, or Persons in Port or Harbour, excepting such only as have committed the offence. IV. That between the said Commonwealth, and France, their respective People and Subjects, as well by Land as by Sea and Fresh-waters, in all and singular their Countries, Dominions, Territories, Provinces, Cities, Towns, Villages, and all other Places in Europe, where Trade and Commerce hath hitherto been, there shall be free Trade and Commerce, in such sort and manner as that without any safe Conduct or Licence general, or special, the People of the said Commonwealth, and Subjects of His said Majesty, may freely, as well by Land as Sea and Fresh-waters, go, enter, and sail into the said Countries, Kingdoms and Dominions, and all the Cities, Havens, Shores, Sea-roads, Straits, Ports and Places thereof, and put themselves into whatever Havens of the same, with Carriages, Horses, Burdens, Ships laden, and unladen, to bring in Merchandises, and there to buy and sell as much as they will; And in the same places, upon just prices, to procure provision of Victuals for their sustenance and Voyages; and likewise, as occasion shall require, to repair their Shipping and Carriages. And from thence also with their Merchandises, Goods and other Commodities whatsoever, they may with like freedom depart and go to their own Countreys, or any other Places at their pleasure, without let or impediment; They, and either of them on each side, paying the Customs and Toll due and accustomend, and observing and comforming in such their Trade and traffic, to the Laws and Ordinances of each place respectively. V. It is also agreed and concluded, That the People and Inhabitants of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging, may import and sell in any of the Ports, Cities, and Towns of the Dominions of France, all the Manufacture of Wool and Silk of the said Commonwealth, without Confiscation or penalty, Any Law, Arrest, Statute, Ordinance, or other thing to the contrary thereof notwithstanding. Provided, that the manner agreed and determined in the Thirteenth Article of the Treaty, between James King of Great Britain, and Henry the fourth of France and Navarr, in the year 1606. concerning Cloth ill-wrought, be still held and observed. And that the Subjects of His said majesty may freely import and sell in any the Havens, Cities and Towns of the said Commonwealth, all sorts of Wines of the growth of France, and all Manufactures of Wool and Silk, made, or to be made in the Kingdom of France, or the Dominions thereof, without confiscation or penalty to be sustained for the same; any Law, Statute, Ordinance, or other thing to the contrary notwithstanding. And that the People of this Commonwealth, and Subjects of his said Majesty, be kindly treated, and enjoy each with other the same privileges, which other Foreigners enjoy. VI. To the end the Customs, Tolls and Impositions may on both sides be certain and known, and also that it may appear what is to be paid of right by such as shall exercise Merchandise in either Commonwealth or Kingdom, there shall be Tables made of the Customs, Tolls and Impositions, and be set up in public Places, as well in London and other Cities in the Commonwealth of England, as at rouen and other Cities in France, where need shall be, whereunto recourse may be had when any doubt or question of the said Customs, Tolls, and Impositions shall arise. VII. Whereas several Taxes, Impositions, Liberties and privileges are pretended and challenged by some Cities and Places to be due unto them and their Inhabitants, in the Dominions of both the said Confederates; It is agreed, That the Magistrates and Officers of each City shall take care, that no greater Taxes and Impositions be taken, or Liberties or privileges used, then are allowed by the Law. VIII. And whereas a certain custom, not warranted by any Law, hath been introduced in some Ports of England and France, viz. That every one, for his coming in, and going out, should pay a kind of tribute, called in French, Du chef, and in English, Head-money; It is agreed, That from henceforth it be no more demanded; that so ingress and egress may be free to all, of what quality and condition soever, without exaction of any duty in respect thereof; that so, as well in this case as in others, strangers be treated in like manner with the Natives. IX. It is also agreed, That the French Merchants trafficking in England, shall not be constrained to put in any other Security for the sale of their Merchandise and uttering the proceed thereof in other Commodities, then their Juratory Caution, or to procure any Prolongation or Discharge, or be liable to any greater expenses in that regard, then the Inhabitants of the Country. X. That the French Ships may freely arrive at the Key of London, and other the Ports and Places of England, Scotland and Ireland, and the Dominions thereof, and there be laden without any molestation; and without being compelled to unlade into other Vessels. And that the English Ships may with the same Liberty, and without any let or impediment enter any the Ports of France, and also use and enjoy the same privileges and immunities there, and that in all other things, as much as may be, an equality and liberty of Commerce be held and observed. XI. That the Merchants Ships of this Commonwealth, and the People and Inhabitants thereof, which shall go up to Bourdeaux, or enter into the River of Garonne, shall not be compelled in their passage, by the Castle of Blay, to take out their Ordnance, Arms or Ammunition. So also the People and Inhabitants of the said King, shal not be compelled to under-go any such impediment in any the Ports of England, Scotland and Ireland, which shall also be observed in all the Ports of France, as to the People and Inhabitants of the said Commonwealth. And that the People, Subjects and Inhabitants of the one part, shall enjoy the like, and as ample Privileges and Immunities in the Kingdoms, Countries and Dominions of the other, both in Courts of Justice and Trade, as the People of any Foreign Nation in Amity with them do, or may enjoy there. XII. For the further increase of Commerce between the People and Subjects of either Nation, it is agreed, That the Merchants and other the People of the said Commonwealth, shall have free Liberty, and Right to make their last Wills and Testaments, and to dispose, as they please, either amongst the living, or in respect, or for cause of death, their merchandise, Silver, Moneys, Debts, and all their movable Goods, which either they have, or ought to have, in their life, or at the time of their death, in any the Dominions and Places of the said King; And also whether they die Testate, or Intestate, that the Heirs and Executors of them, as well intestated, as name in the Testaments, or otherwise by Law assured them, shall enjoy their Goods, according to the Laws of England, in what place soever of France they shall dy; in such sort as that the Right of Aubeyne, commonly called Droit d'Aubeyne, be no hindrance to them, or that their Goods be confiscated by virtue thereof. And that the Subjects of the French King shall have and enjoy the same liberty, freedom and privilege in all the Dominions of the said Commonwealth. Nevertheless it is always to be understood, that the Wills and Testaments or Successions of Intestates, as well of the People of the said Commonwealth, as of the Subjects of the said King, shall be lawfully proved in the places where the Decedent died, whether the same happen to be in France, or in the said Commonwealth. XIII. That the Inhabitants of the Islands of Jersey and Guernsey shall enjoy the same privileges and immunities in France, as the French enjoy in those Islands; paying on both sides the Tols & customs which are due. XIV. That for the better preventing all depredations and wrongs for the future, It is agreed, That the Commanders and Owners of any armed Ship or Ships, belonging to the Subjects of either, which shall go forth to Sea, out of the Ports or Havens of each other, shall before their going out, give good and sufficient Security by responsible Men, not of the Ships Company, before the Judges of the Admiralty, or other Magistrates of those places whence they go, in the double value of their Ships lading, tackle and other appurtenances, for their good behaviour at Sea, and that they will not take, seize upon, or otherwise molest, or do any injury to the People or Subjects of either, their Goods, Ships or Vessels. And in case the Judges of the Admiralty, and other Magistrates aforesaid, neglect to receive Security, or shall receive insufficient Security, they shall be bound to answer in their own names for the wrongs that shall be done. XV. Till a more certain and determinate course be taken for remedying the mischiefs and inconveniences which may arise at Sea, It is agreed, That for the space of four years, next immediately ensuing the Ratification of this present Treaty, all Ships belonging to the People and Subjects of either, and trafficking in the Mediterranean, East Sea, or Ocean, be free, and make their lading free, albeit they carry in them Merchandise, yea Grain or Pulse belonging to the Enemies of either, except notwithstanding all prohibited and contraband Commodities, viz. Gunpowder, muskets, all sorts of Arms, Munition, Horses, and Provisions of War. And that they transport not Men for the service of the Enemies of either; In which case as well the Ships as the Provision and Merchandise aboard may be lawful prise; which also shall be severely exercised against those, who shall carry Men, Corn or Victuals into any the places besieged by either Part. XVI. That both Parties shall straitly charge the Admirals, Vice-Admirals, and other Captains of whatsoever Ships belonging to them respectively, or bearing their Flag, or going under their respective Commissions, and in their service, That they do not seize upon, or take, or by any means molest or injure the Ships or Vessels of either, their Goods or Merchandises, or of the People and Subjects of either, but that they strictly observe and keep this Treaty and Agreement. And in case they shall do contrary hereunto, he or they so offending, shall be punished with corporal punishment, according to the nature of the offence, by that Party to whom he doth belong, and shall likewise make satisfaction for the wrong he hath done, if he be able; or if not able, that Confederate to whom he belongs, shall be bound to make satisfaction and reparation to the Parties wronged, within Three Moneths after notice given to him, and Demand made of the Wrong and Injury done: And that the Ships of War meeting with the Merchants Ships of either side, shall, whiles they steer the same course, defend them against all such as shall forcibly attempt them. XVII. That in case the Commanders of the Ships of either Party, or the People of either, shall make any Prizes at Sea, they shall be bound within Four and twenty hours after their coming in, to deliver all their Books of accounts, Papers, Discharges, and Bills of Lading, which they shall find in the said Ships taken, into the hands of the Judges of the Admiralty, to the end the Party concerned may have Copies of the same; And where there is no Judge of the Admiralty, the said Papers and acknowledgements shall be put into the hands of the Officers of those places, to be sent enclosed and sealed, to the Judges of the Admiralty. And such Mariners and Seamen which shall be found aboard any such Ships, shall not be taken out of them, nor shall Bulk be broken, or any of the Goods put on shore, without Order of the Court of Admiralty, and an Inventory made in the presence of the Parties interested, who shall have a Copy delivered unto them by the Judges. XVIII. That the Captains or Masters of those Ships which shal make Prizes at Sea, shall not take out of the Ships, the Captain, Master, or other Officers, or any of the Mariners, unless it be for the examining some of them; And in that case they shall not take above two or three of them, who within twenty four hours shall be brought to the Judge of the Admiralty, or to the mayor or Chief Officer of the place, if there be no Judge of the Admiralty there, to examine them: And after such persons have been examined and heard, which shall be within the said time, the Judge or Chief Magistrate shall set them at liberty, that they may follow their business as they shall think good; and whoever shall do contrary hereunto, shall be punished with corporal punishment. XIX. That neither of these confederates shall receive into any of their Harbours, Havens, Cities or Towns, or permit or suffer, that any of the People or Inhabitants of either of them respectively, do receive, keep, harbour, or give any assistance or relief unto any pirates or Sea-Rovers, but shall cause the said pirates, Rovers, and also their Receivers, Concealers and Assistants, to be prosecuted, apprehended, and condignly pun●shed for terror to others: And all Goods, Ships and merchandises by them pyratically taken, and brought into the Ports of either State, that shall be found in being, yea, though they have been sold, shal be restored to the right Owners, or made good to them, or such as have their Letters of Atorney or Procuration to claim the same, due proof of the Propriety being first made in the Court of Admiralty according to Law; And such Goods as shall be recovered from them, of what nature soever, shall be brought into some Port of either State, and there committed to the custody of the Officers of the said Port, who shall be bound to answer for the same upon their own account, That the said Goods shall be restored to the Owners without delay, the proof of the lawful Propriety being first made before the Judges of those places where the said Depredated Goods have been laden; nevertheless, it is permitted to the said Parties accused, to make their Exceptions and Defences in Law. XX. That neither State suffer or permit the Ships or Goods belonging to the Subjects of either, which shall at any time be taken by the Rebels of the one, or the other, by virtue or pretence of any Commission, and shall be brought into the Ports, Havens, or Places within the Dominion of either, to be alienated from their lawful Proprietors; but that they be restored to them, or to their Assigns, due proof being first made of their Propriety according to Law; And till such time as Restitution shall be by them demanded, the respective Officers of those places where the said Goods and merchandises are, shall be bound to take charge of them, and be accountable for them, that nothing be imbezeled or diminished. XXI. That if the People and Subjects of either State are forced by storms, fear of Enemies, or other dangers of the Sea, to come with their Ships and Vessels into, and cast anchor in any of the Ports of each other, they shall have free liberty to depart again without paying any Duty for the coming in, or going out of their merchandise; provided that they break not Bulk, nor expose any thing to sale: And provided, that upon their arrival, they give notice to the Magistrates and Officers of that place, of the occasion of their coming in to the said Harbours, and shall, so soon as the said danger is removed, depart again out of the said Harbour. XXII. That the People and Inhabitants of the said Commonwealth, may with all safety and freedom Sail and Trade in all the Kingdoms, States and Countries which are, or shall be in Peace, Amity or Neutrality with the said Commonwealth, and shal not be molested or interrupted in the said Freedom by the Ships or Subjects of the said King, although there be, or shall be hereafter Enmity or Hostility between the said King and such Kingdoms, States and Countries, or any of them; And the same shall likewise be observed by the said Commonwealth, in regard of the Subjects and Inhabitants of France: Provided, That they trade not to any Port or Town besieged by either of the Confederates: And provided, that neither of the said Parties, or their respective People and Subjects, do carry any Contraband Goods into the Kingdoms or Countries which are in Enmity or Hostility with either: And that the Fifteenth Article touching Prohibited and Contraband Goods, and touching Towns and Places besieged, be held and observed on both sides. XXIII. That as well the one Part as the other, shall cause good, speedy and impartial Justice according to Law and Equity, to be done and administered to the People of the other, in all Cases depending, or that shall hereafter depend in their respective Dominions and Countries: And that all former Sentences and Agreements made and obtained by either Party, or the People and Subjects of either in each others Countries for their respective Advantage, shall stand in force, and speedy Justice shall be done in the execution thereof, but yet without prejudice to those who prosecute their Right. XXIV. And whereas from the year 1640, many Prizes have been made at Sea, and sundry Damages done to the People and Subjects of either Nation, It is agreed, That immediately after Ratification of this present Treaty, Three Commissioners be nominated on either side, sufficiently authorised and empowered to Consider, Examine, Estimate and Liquidate all such Prizes and Damages, and to determine and award Satisfaction and Repayment thereof, according to the Claims and Demands which shall be exhibited to them by either Party, their People and Subjects, within Three moneths time after Publication of the present Treaty; For which purpose the said Commissioners shall assemble here in London within Six weeks after the said Publication, and shall, if it may be, Determine the said Differences within Five moneths next ensuing: And if the said Commissioners shall not come to an Agreement within the space of Six moneths and Two weeks aforesaid, then the said Differences which shall remain undetermined, shall be referred, as by these Presents they are referred, to the Arbitration of the Commonwealth of Hamburgh, to be determined within Four moneths, to be reckoned from the expiration of the time allotted to the Commissioners aforesaid; And that the said Commonwealth of Hamburgh shall be desired, and is by these Presents desired to take upon them that Arbitration, and appoint Commissioners to meet in such convenient place as they shall agree upon, and give Judgement concerning the premises: And whatsoever the said Arbitrators or Commissioners shall Award and Determine, shall oblige both Parties, and within six moneths next following be performed accordingly; yet in case as well the said Commissioners nominated on both sides, as the said Arbitrators, shall not determine the said Differences within the times before limited, none shall be thereupon molested, nor the aforesaid Letters of mark be revived, nor any new ones granted within the space of four moneths after expiration of those four moneths before limited to the Commonwealth of Hamburgh, for determination of the said Differences. XXV. And whereas the Lord Ambassador of his said Majesty, hath demanded Restitution of the three Forts lately taken in America, together with the Goods found in them, viz. De Pempta coet, S. Jean, and Port Royal; And whereas the Lords Commissioners of his Highness did allege sundry Reasons, for which they ought to be retained; It is agreed, That this controversy be referred, as by these Presents it is referred to the same Commissioners and Arbitrators, to be determined in the same maner and time, to whom the Damages done to either side since the year, 1640, are referred in the preceding Article. XXVI. That for the better Encouragement of the People of each Nation to exercise Commerce, It is agreed, That if there shall happen any War between the said Commonwealth and Kingdom, there shall be given unto the Merchants, after the Declaration of the War in the City and Towns, where they shall be, six months time to sell and transport their Goods and merchandises, and if any thing be taken from them, or injury done unto them in that time by either Party, or the People or Subjects of either, full Reparation and Satisfaction shall be given. XXVII. That in case any thing shall be acted or attempted by any of the People, Subjects or Inhabitants of either Part, against this Treaty, or any part thereof, either by Land or Sea, or other Waters, This Amity, Confederation and Alliance shall not be interrupted or broken off, but shall remain and continue in full power; only in such Cases, the particular persons which have offended, shall be punished, and no others: And that Justice shall be done, and Satisfaction made to all persons concerned, within Twelve moneths after demand thereof made, upon all such persons who have committed any thing against this Treaty, by Land, Sea, or other Waters; And in case the persons so offending as aforesaid, shall not appear and submit themselves to Justice, and make satisfaction within the said term, the said persons shall be declared Enemies to both States, and their Estates, Goods and Effects whatsoever, shall be confiscated and employed to a due and full satisfaction for the wrong by them done, and their persons be liable to further punishment, when they shall come within the power of either State, as the quality of their offence shall deserve. XXVIII. Lastly, it is agreed, That the present Treaty, and all and singular the matters and things therein contained and agreed on, shall within Fifteen dayes next ensuing, or sooner if it may be, be confirmed and ratified in due and authentic form by both parties, by their Letters Patents under their Great Seals, and that Instruments of Ratification shall be delivered interchangeably, within the time aforesaid: And furthermore, that this Treaty and Confederation shall immediately after Delivery of the Instruments, be published according to the usual Solemnity, and in the places accustomend. FINIS.