ARTICLES OF PEACE and ALLIANCE Between the most Serene and Mighty PRINCE, CHARLES II. By the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. And the High and Mighty LORDS, THE STATE'S GENERAL Of the UNITED NETHERLANDS, Concluded the 14 th', day of September, 1662. Published by His Majesty's Command. EDINBURGH, reprinted by Evan Tyler, Printer to the Kings most Excellent Majesty, 1663. Articles of Peace and Alliance between the most Serene and Mighty Prince, Charles the second, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. and the High and Mighty Lords, the State's General of the United Netherlands, concluded the fourth day of September, 1662. I. FIrst it is concluded and agreed, That from henceforward there be a true, firm and inviolable Peace, sincere Friendship and straighter Alliance, Confederation and Union between His Majesty, the King of Great Britain, and the State's General of the United Provinces of the Netherlands, and the respective Lands, Countries and Cities under their obedience, wheresoever situate, and their People and Inhabitants of what quality or condition soever. II. That the said King of Great Britain and the said States General remain Friends, Confederate, United and Allied, for the defence and preservation of the Rights, Liberties and Immunities of either Ally and their Subjects against all whomsoever, who shall endeavour to disturb the Peace of either's State by Sea or Land, or such as living within either's Dominions, shall be declared public enemies to either. III. That neither the said King of Great Britain nor the said States General shall act, do, endeavour, treat or attempt any thing against the other, or the Subjects of either, any where by Land or Sea, or in any Ports, Liberties, Creeks or Fresh-waters, upon any occasion whatsoever; And that neither they nor the Subjects of either of them, shall give, afford or supply any aid, counsel or favour, nor consent that any thing be done, treated or attempted by any other whosoever, to the harm or prejudice of the other, or the Subjects of either; but shall expressly and actually oppose, contradict, and really hinder all whomsoever, residing or dwelling in either the respective Dominions, who shall act, do treat or attempt any thing against either of them. iv That neither the said King nor the said Commonwealth, nor any of the Subjects of either, inhabiting or residing under either of their Jurisdictions, shall encourage or assist with counsel, aid or favour, the Rebels of either; but shall expressly and effectually hinder all persons abiding, residing or dwelling in either of their Dominions, or under their Command, from sending or furnishing underhand to any of the aforesaid Rebels, any succour or assistance, either in Men, Ships, Arms, Ammunition or other forbidden Goods, as also Money or Victuals; And that all Ships, Arms, Ammunition of War, or other contraband Goods, also Money or Victuals of any person or persons whatsoever, which shall be sent or employed against the intent of this Article, shall be confiscate and forfeited to the benefit of that side where the Offenders shall be found: And moreover, the persons who wittingly and willingly shall have acted, undertaken, or given counsel against the sense of this Article, shall be accounted enemies of either Party, and shall be punished as Traitors against the State where the offence shall be committed, But as touching the specification of prohibited or contraband Goods, it shall be hereafter provided. V That the said King of Great Britain, and the said States General shall mutually, sincerely, and faithfully (as there is occasion) assist each other against the Rebels of either, by Sea or Land, with Men and Ships, at the cost and charges of the Parties who desire the same, in such proportion and manner, and upon such conditions, as afterward shall be agreed, and the present occasion shall require. VI That neither the said King, nor the said Commonwealth, nor the Subjects of either, shall in any of their Jurisdictions, Countries, Lands, Havens, Seaports, Creeks, receive any Rebel or Rebels, Fugitive or Fugitives of the other Party, declared, or to be declared, nor shall give or yield unto such declared Rebels and Fugitives in the places aforesaid, or elsewhere, though without their Lands, Countries, Havens, Seaports, Creeks or Jurisdictions, and Help, Counsel, Lodging, Soldiers, Ships, Money, Arms, Ammunition or Victuals: As also neither of the States shall permit that such Rebels or Fugitives be received by any person or persons within their Jurisdictions, Countries, Lands, Seaports, Havens, Creeks, nor suffer that any Help, Counsel, Lodging, Favour, Arms, Ammunition, Soldiers, Ships, Moneys or Provision be given or yielded to such Rebels and Fugitives; but shall expressly and effectually oppose, and really hinder the same. VII. That in case either of them by their public and authentic Letters shall make known and declare unto the other, that any person or persons are or have been a Rebel or Rebels, Fugitive or Fugitives, and that they or any of them have been received, or reside, lie hid, or seek shelter in their Jurisdictions, Lands, Countries, Seaports, or in any of them; then that party who shall have received such Letters, or to whom such notice shall be given, or declaration made, shall within the space of Twenty eight days, to be accounted from the day that such notice was given, be bound to Charge and Command such Rebel or Rebels, Fugitive or Fugitives to withdraw and departed out of their Jurisdictions, Lands, Dominions, Countries, and every of them: And in case any of the said Rebels or Fugitives do not withdraw and departed within fifteen days after such Charge or Command so given, then that they be punished with death, and loss of Lands & Goods. VIII. That no Rebel of the said King of Great Britain shall be received into any of the Castles, Cities, Havens, Jurisdictions, or other places Privileged or not Privileged which any person, of what dignity or degree soever he be, or shall be, hath within the Dominions or Territories of the United Provinces, by what right or title soever he doth or shall hold or possess the same; nor be permitted to be received into, or remain in them, by any person, of what quality or degree soever he be. Neither shall the said State's General permit or suffer, that in any of the aforesaid places, any Assistance, Counsel or favour with Ships, Soldiers, Money or Provision, or in any other manner, be given or afforded unto any such Rebel, by any person of what degree or quality soever he be, but shall openly and expressly forbid, and effectually hinder the same. And if any person or persons, of what degree or quality soever they be, dwelling or remaining within the Dominions of the said United Provinces, or under their Command, shall act any thing contrary to this Agreement, That then all and singular such persons so doing, shall for term of their lives respectively, lose and forfeit all such Castles, Towns, Villages, Lands, and other places which they or any of them at that time have or pretend to have, by what right or title soever. In like manner, no Rebel of the said States of the United Provinces shall be received into any Castles, Towns, Havens, or other places, or any of them, Privileged, or not privileged, which any person or persons, of what degree or quality soever they be, and by what right or title soever he or they do or shall hold and possess, within the Kingdoms or Dominions of His said Majesty of Great Britain: Nor shall such Rebel be suffered to be received by any person or persons whatsoever, or there to remain; neither shall the King of Great Britain permit or suffer, that any Counsel, Assistance, or Favour in any of the said Places with Ships, Men, Money, Victuals, or in any other manner be given or afforded unto any such Rebel, by any such person or persons, of what degree or quality soever they be, but shall openly and expressly forbid, and effectually hinder the same. And in case any of the Subjects of the said King, or within His Dominions, shall do or attempt any thing against this Agreement, That all and every persons so offending, shall in like manner for their respective lives, lose and forfeit all such Castles, Cities, Towns, Lands, and other places which they or any of them at that time hath, or shall pretend to have, by any right or title whatsoever. IX. That the said King of Great Britain and His Subjects, and all the Inhabitants of His Majesty's Dominions, and also the said United Provinces and their Subjects and Inhabitants, of what rank or condition soever they be, shall be bound to use each other kindly and friendly in every thing; so that they may freely and safely pass by land or by water into each others Countries, Cities, Towns walled or unwalled, fortified or not fortified, and their Havens, and all other their Dominions situate in Europe, to continue and abide therein, so long as they shall please, and may there buy so much Provisions as are necessary for their use, without any hindrance: And that likewise they may Trade and Traffic in Goods and Commodities of all sorts, as to them shall seem fit, and then to Export and Import at their pleasure, paying the usual Duties, saving to each Country their particular Laws and Customs. Provided that the Subjects and Inhabitants of either side exercising their Trade in each others Countries and Dominions, shall not be obliged hereafter to pay any more Customs, Impost, or other Duties, then according to that proportion which other Foreign Nations Trading in the said places do usually pay. X. That the Ships and Vessels of the said United Provinces, as well men of War as others, meeting any Men of War of the said King of Great Britain's in the British Seas, shall Strike the Flag, and Lore the Topsail in such manner as the same hath been formerly observed in any times whatsoever. XI. And for the greater freedom of Commerce and Navigation, it is agreed and concluded, That the said King of Great Britain, and the said States General, shall not receive into their Havens, Cities and Towns, nor suffer that any of the Subjects or Inhabitants of either side do receive Pirates or Sea-Rovers, or afford them any entertainment, assistance, or provision, but shall endeavour that the said Pirates and Sea-Rovers, or their Partners, Sharers and Abettors, be found out, apprehended, and suffer condign punishment for the terror of others; And all the Ships, Goods, and Commodities taken by them in Piracy, and brought into the Havens of either Dominion, such Goods as can be found, although they were sold, shall be restored to the right Owners, or satisfaction given to them, or to such persons as shall claim them by Letters of Procuration, so as the property be made to appear in the Court of Admiralty by due and lawful Evidence. XII. It shall not be permitted to the Subjects of the said King of Great Britain, and the Inhabitants of the Kingdoms and Countries under His Obedience, or to the Inhabitants and Subjects of the said United Provinces, to do or offer any Hostility or Violence to each other, either by Land or by Sea, upon any pretence or colour whatsoever: And consequently it shall not be lawful for the said Subjects or Inhabitants to get Commissions or Letters of Reprisal from any Prince or State, with whom either of the Confederates are at difference, or in open War; and much less by virtue of those Letters to molest or damnify the Subjects of either Party. Neither shall it be lawful for any Foreign private Men of War, who are not Subjects to one or the other Party, having Commissions from any other Prince or State, to Equip their Ships in the Harbours of either of the aforesaid Parties, or to sell or ransom their prizes, or any other way to Truck, as well the Ships and Goods, as any other Loading whatsoever. And it shall not be lawful for them to buy any Victual, but what shall be necessary to bring them to the next Port of that Prince from whom they obtained their said Commissions. And if perchance any of the Subjects of the said King of Great Britain, or of the said States General shall buy, or get to themselves by Truck, or any other way, such Ship or Goods which have been taken by the Subjects of one or the other Party; in such case the said Subjects shall be bound to restore the said Ship or Goods to the Proprietors without any delay, and without any Compensation or reimbursement of Money paid or promised for the same; Provided that they make it appear before the Council of the said King of Great Britain, or before the said States General, that they are the right Owners or Proprietors of them. XIII. That in case the said King of Great Britain, or the said States General do make any Treaty of Amity or Alliance with any other Kings, Republics, Princes or States, they shall therein comprehend each other and their Dominions, if they desire to be therein comprehended; and shall give to the other notice of all such Treaties of Friendship and Alliance. XIV. That in case it happen, during this Friendship, Confederacy and Alliance, any thing shall be done or attempted by any of the Subjects or Inhabitants of either Party against this Treaty or any part thereof, by Land, Sea or Fresh-waters, That nevertheless this Amity and Alliance between the said Nations shall not thereby be broken or interrupted, but shall remain and continue in its full force; and that only those particular persons shall be punished, who have committed any thing against this Treaty, and none else; and that Justice shall be rendered, and satisfaction given to all persons concerned, by all such who have committed any thing contrary to this Treaty, by land or sea, or other waters, in any part of Europe, or any places within the Straits, or in America, or upon the Coasts of Africa, or in any Lands, Islands, Seas, Creeks, Bays, Rivers, or in any places on this side the Cape of Good Hope, within twelve month's space after Justice shall be demanded; And in all places whatsoever on the other side the said Cape (as hath been abovesaid) within eighteen month's next ensuing after demand of Justice shall be made in manner aforesaid. But in case the offenders against this Treaty do not appear and submit themselves to Judgement, and give satisfaction within the respective times above expressed, proportionable to the distance of the places, they shall be declared enemies of both Parties, and their Estates, Goods and Revenues whatsoever, shall be confiscated for due and full satisfaction of the injuries and wrongs by them offered; and their persons also, when they come within the Dominions of either Party, shall be liable unto such punishments as every one shall deserve for his respective offences. XV. It is also agreed and concluded between His said Majesty of Great Britain, and the said Lords States of the United Netherlands, That the Island of Pularon shall be restored unto His said Majesty, or unto them whom He shall thereunto appoint by a Commission under the great Seal of England; and that so soon as any one provided with such a Commission, shall arrive there and demand the said restitution: Which that it may be effected with the more ease and certainty, Commissions necessary for that end shall be delivered unto Him from the State's General and the Netherlands East India Company, immediately after the Ratification of this Treaty. And that by the restitution of the said Island of Pularon, all actions and pretensions wherein the Subjects of either Party think they have right for losses, injuries and offences committed upon each other in India, and taken notice of in England before the 10th,/ 20. of January, 1658/9. (with this exception, That they who say that they have suffered loss in two Ships, to wit, the Bonaventure and Bona Esperanza, may prosecute the Suit already begun) shall cease, be extinguished and annulled in the manner following: That all offences, injuries and losses (except before excepted) which one part hath suffered, or can any way pretend to have suffered from the other in the East Indies, whereof any notice hath been given to the English at London, or to the Netherlanders at the Hague, before the twentieth day of January, 1659. new Style, or the tenth of January, 1658. old Style; but in other parts of the world on this side the Cape, of any actions or things whatsoever, that happened before the publication and notice of the Peace concluded between both Nations the 4/14. day of March, 1653/4. shall remain utterly canceled and extinguished, so as neither Party shall trouble the other for any such damage, offence, injury or detriment (except before excepted) but there shall be and remain a perfect abolition of all and every one of them, and all Suits and Actions upon such account shall be void and null: But other damages, offences, injuries and detriments, which the English Nation either upon public or private account, can affirm to have fallen or been brought upon them by the Government of the United Netherlands, or by the Companies or private persons subject to that Government; as on the other side what the United Netherlanders can, upon public or private account, pretend to have fallen or been brought upon them by the Government of the English, or by the Companies or private persons subject thereunto, in the East Indies, before the 10th./ 20, day of January, 1658/9. or at least whereof there was no notice at London or the Hague, before that day; and in other parts of the world after the publication and notice of the aforesaid Peace in the year, 1653/4, without any further distinction or exception of persons, place or time, shall be submitted, as by this Treaty they are submitted, unto the examination, arbitration and decision of Commissioners or Arbitrators, after the manner and under the conditions following. That Commissioners be appointed only for matters past, but not at all for matters to come, which may happen after the day whereupon this Treaty is concluded. That their Commission directed unto past things only, as hath been already said, is not to contain any general Clause, but to be expressly confined and limited to a special Catalogue, which shall be annexed unto the Commission, so as they may by no means take cognisance of any other thing besides the Actions set down in that Catalogue. But that they may mutually agree thereupon, a Catalogue shall be made by both Parties, and interchangeably delivered, that it may be punctually and duly examined by either side: And if there be found in either of the Catalogues, any thing whatsoever relating to the East Indies, which were known in London before the 10th./ 20. of January, 1658/9 as to actions of the English, or at the same time at the Hague, as to the actions of the United Provinces, or which happened in other parts of the world before the publication and notice of the foresaid Peace; in the year, 1653/4 or other actions of such a nature as may not be thought fit to be referred unto such Arbitration, they shall be rejected and expunged out of the Catalogues. Wherefore, after each side is agreed upon these Catalogues, a whole year shall be appointed, wherein all businesses contained in in those Catalogues may be accommodated and composed by friendly conferences between His Majesty's Minister and the Commissioners of the State's General at the Hague; and the Pretenders or their Deputies thereunto appointed by special Letters of Attorney, shall be bound to make their appearance at the Hague, before the end of the sixth month in the foresaid year: But that year being expired, all those actions about which the Pretenders or their Deputies were at the Hague with an aim or purpose to have them brought unto a friendly issue (which they shall be bound to prove by a lawful testimony of the King of Great Britain's Envoy, and the Commissioners of the State's General, or of either of them) and which nevertheless have not been by that time brought to such an issue, shall be referred to the said Commissioners, that they may be at last composed or decided by them; which Commissioners, after the said year is expired, if there remain any Actions uncomposed in such friendly manner at that time, shall to that purpose meet at London, and they shall be four on either side, instructed and provided with Authority; and thenceforward this submission and progress in and through all things, shall be carried on in the same manner as it was in the year 1654. But so as the Arbitration upon these matters be not referred to the Protestant Cantons of Switzerland. XVI. That the Subjects of the said King of Great Britain, and those which are under His Jurisdiction, may freely and securely travel in all the Provinces of the Low-Countries, and all their Dominions in Europe, and through them by Sea or Land pass to other places there or beyond them, and through all Quarters of the United Provinces, Cities, Forts, or Garrisons whatsoever, which are in any parts of the United Provinces, or elsewhere in their Dominions in Europe, as well they themselves exercising Trade in all those places, as their Agents, Factors and Servants, may go armed or unarmed (but if armed, not above Forty in a Company) as well without their Goods and Merchandises as with them, wheresoever they please. The People also and Inhabitants of the United Provinces shall enjoy the same liberty and Freedom in all the Dominions of the said King in Europe; Provided that they and every of them do in their Trade and Merchandising yield obedience to the Laws and Statutes of either Nation respectively. XVII. That in case the Merchant-Ships of the Subjects of either Nation shall by Storm, Pirates, or any other necessity whatsoever, be driven into any Haven of either Dominion, they may departed securely and at their pleasure, with their Ships and Goods, without paying any Customs or other Duties; provided they break no Bulk, nor sell any thing; nor shall they be subject to any Molestation or Search, provided they do not receive on board any Persons or Goods, nor do any thing else contrary to the Laws, Ordinances or Customs of the places where they (as aforesaid) shall happen to arrive. XVIII. That the Merchants, Masters and Seamen of either Party, their Ships, Goods, Wares, or Merchandises shall not be Arrested or Seized in the Lands, Havens, Roads or Rivers of the other, to serve at War, or any other use, by virtue of any general or special Command, unless upon an extraordinary necessity, and that just satisfaction be given for the same; but so as the same shall not derogate from the Seizures and Arrests duly made in the ordinary Courts of Justice of either Nation. XIX. That the Merchants on both sides, their Factors and Servants, and also the Masters and other Seamen, as well going as returning by Sea and other Waters, as also in the Havens of either Party, or going on Shore, may carry and use for the defence of themselves and Goods, all forts of Weapons, as well Offensive as Defensive; but being come into their Lodgings or Inns, they shall there lay by and leave their Arms, until they be going on board again. XX. That the Men of War, or Convoys of either Nation, meeting or overtaking at Sea any Merchant's Ship or Ships belonging to the Subjects or Inhabitants of the other, holding the same Course, or going the same Way, shall be bound, as long as they keep one Course together, to protect and defend them against all and every one who would set upon them. XXI. That if any Ship or Ships of the Subjects or Inhabitants of either Nation, or of a Neuter, be taken by a third Party in the Harbours of either, not being of the Subjects or Inhabitants of either Nation, they, in or out of whose Haven or Jurisdiction the said Ships shall be taken, shall be bound to endeavour with the other Party, that the said Ship or Ships be pursued, brought back, and restored to the Owners; but all this shall be done at the charges of the Owners, or whom it concerns. XXII. That Searchers and other like Officers on both sides, shall regulate themselves according to the Laws of either Nation, and shall not impose or demand more than they are allowed by their Commissions and Instructions. XXIII. That if any injury be done or practised by either Nation, or the Subjects or Inhabitants of the same, against the Subjects or Inhabitants of the other, or against any of the Articles of this present, Treaty, or against common right; yet nevertheless no Letters of Reprisal, Mark or Countermark shall be granted by either side, till Justice hath been first demanded according to the ordinary course of Law; but in case Justice be there denied or delayed, then that the said King of Great Britain and the said States General, or Commissioners of that Nation whose Subjects and Inhabitants have suffered the wrong, shall publicly require Justice from that other Party, where (as abovesaid) it was denied or delayed, or from that Power appointed to heat and decide such differences, that there may be a friendly composure, or due process of Law. But if still there happen more delays, and neither Justice be administered, nor satisfaction given within three months after such demand, that then Letters of Reprisal, Mark, or Countermark may be granted. XXIV. That they who have obtained private Commissions from either Party, before they receive such Commissions, shall give good and sufficient caution before the Judge of the Court where they receive such Commissions, by responsible men, who have no part or share in such Ships, that they shall do no damage or injury to the Subjects or Inhabitants of either side. XXV. It is also agreed and concluded, That the Subjects and Inhabitants of either Party shall always have free access to each others Seaports, there to remain and from thence to departed with the same freedom; and not only with their Merchant-ships and Loading, but also with their Men of War, whether they belong to the said King or State's General, or unto such as have obtained private Commissions, whether they arrive through violence of tempest or other casualty of the Seas, or to mend their Ships, or to buy Provision, so they exceed not the number of eight Men of War when they come there voluntarily, nor shall remain or abide longer in the Havens or Places adjacent, than they shall have a just cause to repair their said Ships, or to buy Victuals or other necessaries. And if a greater number of Men of War should upon occasion desire to come unto such Ports, they shall in no case enter thereinto, until they have first obtained leave from those to whom the said Havens do appertain, unless they be forced so to do by storm, or some force or necessity, whereby they may avoid the danger of the Sea: In which case also they shall presently make known the cause of their coming unto the Governor or chief Magistrate of the place, and shall stay no longer than the said Governor or chief Magistrate shall permit them, and shall not do any acts of Hostility or other prejudice in the aforesaid Havens during their abode there. XXVI. Furthermore it is agreed and concluded, That both Parties shall truly and firmly observe and execute this present Treaty, and all and every the matters contained therein, and effectually cause the same to be observed and performed by the Subjects and Inhabitants of either Nation. XXVII. Also for further caution and assurance that this Treaty and Confederacy shall be duly and bonĂ¢ fide observed on the part of the said States General of the United Provinces and their People, it is concluded and agreed, as also the said States General by these presents do agree, and firmly oblige and bind themselves, That all and every one whom they or the States of the Provinces shall at any time choose, appoint, or make Captain General, Governor or chief Precedent, or State-holder, General of Armies or Military Forces by Land, or Admiral or General of the Fleets, Ships or Forces at Sea, shall be bound and obliged by Oath to confirm this Treaty and all the Articles thereof, and promise sacredly upon Oath, that they shall, as far as it is possible, religiously observe and execute the same, and as much as concerns them, cause the same be observed and executed by others. XXVIII. And it is further agreed and concluded, That this present Treaty, and all and every thing therein contained and concluded, shall be confirmed and ratified by the said King of Great Britain, and the said States General of the United Provinces, by Letters Patents on both sides, sealed with the great Seal, in due and authentic form, within three month's next ensuing, (or sooner if it can be done) and that within the said time the Ratifications on both sides shall be exchanged; and that presently after the delivery and exchange, this Treaty and Alliance shall be published in such places and manner as is usual. EDINBURGH, reprinted by Evan Tyler, Printer to the Kings most Excellent Majesty, 1663.