w } — -_— — m Blank inserted to ensure correct page position Treaty Marine between The Moft Serene and Mighty PRINCE CHAR L E S II. By the Grace of God King of England, Scotland, France,and Ireland, Defender of the Faith,$"c. And the High and Mighty Lords the States General of the UNITED NETHERLANDS, To be obferved throughout and every the Coamrep and Tarts of the World by Sea and Land, Concluded at London the Firft day of Dec t \6?^Sy. §pKbU0&e& W Unas Jliaajefiietf Command AMSTERDA M. Printed by Stephen Swart, Bookfeller, at the weftfijde ohhe Exchange in the Crowned Bible 1676. After the Copy, printed at London by Iobn Bill and Chrifio- pher Barker , printers to the King moft Exc. Maj. 1 674. m * **-■ ■ — (3) A TREATY MARINE. ARTIC. I. Hat it f hall and may be lawful , for all and every the Subjects of the Molt Serene and Mighty Prince, the King of Great Britain aforefaid , with all Freedom and Safety to Sail , Trade, and Exercife any manner of Traffique, inallthofe Kingdoms, Coun- treys, andEftates, which are, oratany time hereafter fhall be in Peace, Amity, Neutrality with Hisfaid Ma- jefty ; So that they fhall not be any ways hindred or molefted in their Navigation or Trade , by the Military Forces, nor by the Ships of War, or any other kind of Veflels whatfoever , belonging either to the High and Mighty Lords the States General of the United Nether- lands * or to their Subjects, upon Occafion or Pretence of any Hoftility or Difference which now is , or fhall he- reafter happen between the faid Lords the States Gene- ral, and any Princes or People whatfoever, in Peace, Amity, or Neutrality with His faid Majcity : And like- wife , that it fhall and may be lawful for all and every the Subjects of the faid High and Mighty Lords the States General of the United Netherlands , with all Freedom and Safety to Sail, Trade , and Exercife any manner of Traffique in all thofe Kingdoms, Countreys , and Efta- tes , which are , or at any time hereafter fhall be in Pea- ce i Amity, or Neutrality with the aforefaid Lords the States 5 So that they fhall not beany ways hindred or molefted in their Navigation or Trade, by the Military Forces, nor by the Ships of War, or any other kind of Veflels whatfoever , belonging either to the Molt Sere- A a ne (4) ne and Mighty King above menfioned , or to His Sub- jects, upon Occafion or Pretence of any Hoftilityor Difference , which now is , or f hall hereafter happen between His faid Majefty , and any Princes or People whatfoever, in Peace , Amity , or Neutrality with the faid Lords the States. II. Nor fhall this Freedom of Navigation and Commer- ce be Infringed, by Occafion or Caufeofany War , in any kind of Merchandizes , but f hall Extend to all Com- modities which fhall be carried in time of Peace; tho- fe onely Excepted which follow in the next Article , and are Comprehended under the Name of Contra- band. III. Under this Nameof Contraband or Prohibited Mer- chandizes j fhall be comprehended onely Arms , Pieces of Ordnance, with all Implements belonging to them, Fire-balls, Powder, Match, Bullets, Pikes, Swords, Lances, Spears, Halberds, Guns, Mortar- pieces, Pe- tards, GranadoeS, Mufquet-refis, Bandeliers, Sak-petre, Mufquets, Mufquet-f hot, Helmets , Corilets, Breaft- plates, Coats of Mail, and the like kind of Armature, Soldiers, Horfes, and all things neceflaryfor the Furni- ture of Horfes, Holders, Beits, and all other Warlike Instruments wharfoever. IV. Thefe Merchandizes following fhall not be reckoned among Prohibited Goods, -viz. allkindofClorh '■> and all other Manufactures Woven of any Hnd of Wooil, Flax , Silk , Cotton , or any other Material ; all forts of Clothing and Veflments, together with the Materials whereof they ufe to be made; Gold and Silver, as well Coyned as not Coyned ; Tin , Iron, Lead, Copper,and Coles ; as alfo Wheat, Barley, and all other kind of Corn or Pulfe; Tobacco, and ail kind of Spices, Salted and Smoked Flesh,Salted and Dried Fish,Butter and Cheef'e, Beer, (?) Beer, Oyls, Wines, Sugars , and all fort of Salt ; and in general, all Provision which ferves for the Nourishment and Suftenance of Life ; likewife all kind of Cotton> Hemp, Flax and Pitch, and Ropes, Sails and Anchors; aifo Maft: and Planks, Boardsand Beamsof whatfortof Woodfocver , and all other Materials requifre forthe Building or Repairing Ships, but they fhall be wholy reputed amonglt Free Goods, even as all other Wares and Commodities which are not comprehended in the next precedent Article; So that the fame may be freely Tranfported and Carried by the Subjects of His faid Ma- jelty, even unco Places in Enmity with the faid States; as alio on the other fide , by the Subjects of the faid States to Pkces under the Obedience of the Enemies of His faid Majefty; Except onely Towns or Places Belieged, Envi- roned, or Inverted, in French B/ocyuees ou invejiies. V. And that all manner of Differences and Contentions on both fides by Sea and Land, may from henceforth Ceafe , and be utterly Extinguished , It is Agreed , That all kind of Ships and VefFels wlutfoever, belonging to the Subjects of His faid Majefty, entring, or being cn- tred into any Road or Portunderrhe Obedience of the Lords the States,and purpofing to pals from thence, fhall be onely obliged to f hew unto the Officers acting in the Ports of the faid States, or to the Captains of the States Ships, or of Private Men of War ( if any happen there robe) their Pafsporc, commonly called a Sea-brief (the Form whereof is added at thcend of thefe Articles;) nor fhall any Money,orany thing elfe,be exacted from them under that Pretence; But if any Ship belonging to the Subjectsof His Majefty of Great Britaia,shz\l in the open Sea, or eifewhere, out of the Dominions of the faid Sta- te?, meet the Ships of War of the faid Lords the Ststes,or Private Men of War of their Subjects, the faid Shipsof the Lords the States, or of their Subjects, fhall keep at a convenient diftance, and onely fend out their Boat, and •A 3 i t it f hall be lawful for them onely with two or three Men* to go on Board the Ships and V effete of the Subjects of | His Majefty, that the Paflport ( or Sea-brief ) of the Propriety thereof according to the Form hereafter fpe- cified , may be f hewn to them by the Captain or Matter offuchShip or Veflel belonging to the Subjects of His Majefty; and the Ship which fhall fhew the fame, fhall freely pafs , and it fhall not be lawful to Moleft , Search, Detain ,or Divert the fame from her intended Voyage : And all the Subjects of the Lords the States fhall enjoy in all things , the fame Liberty and Immunity , they in like manner f hewing their Paflport (or Sea- brief) made ac- cording to the Form prefcribed at the latter end of this Treaty. VI. But if any Ship or Veflel belonging to the English, or other Subjects of His Majefty , fhall be met making into any Port in Enmity with the Lords the States; Or on the othcrfide, if any Ship belonging to the United Pror vinces of the Netherlands , or other Subjects of the Lords the States , fhall be met in her way making into any Port underthe Obedience ofthe Enemies ofHisfaid Majefty, fuch Ship fhall fhew, not onely a Paflport ( or Sea-brief ) according to the Form here under prefcribed, wherewith fhe is to be furnifhed, butalfoher Cocquetsexprefling the Contents ofthe Goods on Board , given in the ufual Form , by the Officers ofthe Cuftoms in the Port from whence fhe came, whereby it may be known whether fhe is Laden with any Merchandizes Prohibited by the Third Article of this Treaty. VII. But if by the fhe wing the abo vefaid Cocquets exp ree- fing the Contents of the Goods on Board , given in the ufual Form by the Oflkiers of the Cuftoms in the Port from whence fhe came , ( concerning the f hewing whe- reof it is above agreed ) either Party fhall difcoverany kind of Merchandizes, which in the Third Article of this (7) this Treaty are declared to be Contraband or Prohibi- ted , Configned to any Port under the Obedience of their Enemies , it f hall not be lawful to open the Hatches of fuch Ship in which the fame f hall happen to be found whether f he belongs to the Subjects of His Majefty, or of the Lords the States ; nor to unlock, or break open the Chefts , Males , Packs » or Casks in the fame , nor to Convey away any the leaft part of the Merchandizes,be- fore the whole be firft Landed in the Prefence of the Of- ficers of the Admiralty , and Inventaried ; neither f hall it be any ways lawful to Sell, Exchange, or other wife to Alienate the fame,until fuch Prohibited Goods are rigtly and lawfully Proceeded againft, and that the Judges of the Admiralty , have by their refpe&ive Sentences Con- fifcated the fame : Provided always, That as well the Shipitfelf, as the reft of the Commodities found in the fame , which by this T reaty are to be reputed Free , f hail not upon pretence of their being infected by fuch Pro- hibited Goods, be Detained , much lefs Confifcated for lawful Prize j But if not the whole, but a partonelyof the Lading confifts of Contraband or Prohibited Com- modities, and that the Mafter of the Ship f hall be wil- ling and ready to Deliver them to the Captor who Seized the fame, in that Cafe the Captor fhall not compel the Ship to go out of her Courfe , to any Port he thinks fit, but fhall forth with difmitfs her , and upon no Accompt hinder her from freely|*rofecuting her defigned Voyage. V 111* It is further Agreed , Thatwhatfoever fhall be found Laden by His Majefties Subjects, upon any Ship what- soever belonging to the Enemies of the Lords the States , althoug the fame be not of the quality of Contraband Goods , may be Confifcated j But on the contrary , all that which fhall be found in the Ship belonging to the Subjects of His Majefty, fhall be accounted Clear and Free, although the whole Lading or any part thereof, byjuft Title of Propriety, fhall belongto the Enemies A 4. of < 8 > of the Lords the States; Except always Contraband Goods , which being Intercepted , all things fhall be do- ne according to the Meaning and Direction of the pre- cedent Articles;And by the fame reafon,whatfoever f hall be found Laden , by the Subjects of the Lords the States, in any Ship whatfoever belonging to the Enemies of His Majefty , although the fame be not of the quality of Con- traband Goods,may be Confifcated; But on the other fide, all that which fhall be found in the Ships belonging to the Subjects or the Lords the States , f hallbe-accounted Clear and Free, although the whole Lading, or any parr. thereof, by juir, Title of Propiety , fhall belong to the Enemies of His Majefty ; Except always Contraband Goods, which being Intercepted, all things fhall be do- ne according to the Meaning and Direction of the pre- cedent Articles. And left any Damage fhould by Sur- prize be done to the one Party who is in Peace , when the other Party fhall happen to be Engaged in War, It is Provided and Agreed , That a Ship belonging to the Ene- mies of the one Party, and Laden withGopds of the Snbjectsof the other Party, fhall not infect or render the iaid Goods liable to Confifcation , in cafe they were Laden before the Expiration of the Terms and Times hereafter mentioned, after the Declaration or Publica- tion of any fuch War ; viz. If the Goods were Laden in any Port or Place between the Places or Limits called the Soundings , and the Naz i% Norway , within the fpace of fix Weeks afther fuch Declaration ; Of two Months betweed the faid Place the Soundings, and the City of Tangier $ and often Weeks in the Mediterra- nean Sea;' Or within the fpace of eight Months, in any other Countrey or Place of the World; So that it fhall not be lawful to Confifeate the Goods of the Subjeclrsof His Majefty taken or feized in any Ship or Vcflel what- foever of any Enemy of the Lords the States , upon trhat Pretence, but the fame fhall be without delay reftored to the Proprietors , unlefs they wore Laden after the Expi- ration (9) ration of the faid Terms of Time refpe&ively ; Butfo that itmay not be lawful fot them afterwards to carry to [Enemies Ports, the faid Me r chandifes which are called Contraband, and for the i eafon arbrefaid f hall not be lia- ble to Cor.fifcation ; Neither on the other fide, f hall it be lawful to Confifcate the Goods of the Subie&s of the Lords the States, taken or feized in any Ship or Veffel ' whatfoever of an Enemy of His Majefty ,upon that Pre* tence;but the f i me f hall be forthwith reftored to the Pro- prietors thereof, unlefsthery were Laden after the Expi- ration of the faid Terms of Time refpedtively ; Butfo, that it may not be lawful for them afterwards to carry to Enemies Ports , rhe faid Merchandizes which are called Contraband, and for the reafon aforefaid f hall not be liable to Confifcation . IX And the more to allure the Subjects of His Majefty and of the faid States , that no Injury fhaU be offered to them by the Ships of War, or Private Men of War of either fide, all the Captains of the Ships, as well of His Majefty as of the faid Stares , and all their Subj '&s who-fhall fet out Private Men of War, and likewife their Priviledged Compagnies, f hall be enjoyned not todo any Injury or Damages whatfoever, totheotherj which of they do , they f hall be punished , and* moreo- ver beliable to fatisfiealiCoftsandDama£es,by Reftitu- tion and Reparation, upon Pain and Obligation of Per- lonand Goods. For this caufe all the Commanders of Private Men of War , f hall from henceforth be obliged before they re- ceive their Commiflions, to Enter before a competent judge , good and fufficient Security by able and reiponh- ble Mlen,who have no Part or Intereft in fuch Sbip,in the Sum fhall forthwith be DifmifTed andFrcedjWithall her Lading, from all further Exami nation and Proceedings, againft her, as well Judicial as other wife. XV. It is alfo Agreed, Thatthelik« fcverity of Pu nishments fhall be inflicted upon thofe, who contrary to the meaning of the One and twentieth Article of the Treaty of Peace Cocluded at Breda, fhall take Com mi f- fions from Enemies,tofeize the Ships of either Ally (ot Party) contrary to what is Provided in thefaid Article. XVI. Laft!y,Itis Agreed and Concluded, That this prefent Treaty, and all and Angular the Things therein contained, fhall be with all convenient fpeed on both fi- des Ratified and Confirmed, and that the Ratifications thereof fhall be within two Months from the Date he- reof, Rightly and Reciprocally Exchanged between both Parties; And alfo rhat thefaid Treaty fhall within one Month after fuch Exchanging of the Ratifications , be Delivered in Due'and Authentique Form to the Gover- nors of the English Eafi. India an Africa Companies, 2nd to the Directors of the Dutch Eafi and Weft-India Companies , and fhall with the firft ConvenienCy be alfo Sent by faid His Majefty, and by the faid Lords the Sta- tes, to their refpectiveGovernours and Commanders in Chief of their Colonies and Plantations inevery part of the World out of Europe, to the end that it may be by them , and all others within their Dominions and under their Power , punctually Obfervcd and Fulfilled, The The Form of the Pafsport ( or Sea-brief) to be asked of, and given by the Lord High Admiral, or by thofe to whom the Exer- cife of Admiralty-Jurifdi&ionis ordinarily Commitcd,or by the Mayor,or other Chief Magiftratc ,or by the Commiffioners, or o- ther Principal Officers of the Cuitoms in their refpedive Ports and Places within His Majefties Dominions , to the Ships and VciTels Sailing out thence, according to the Purport of the Fifth Article. TO aU unto whom thefeVrefents /hall co- me, Greeting. We Lord High Admiral of We Lords Commiffioners Executing the Office of the Lord High Admiral of or We Judge of the High Court of the Admi- ralty of or We the Mayor , or other Magi/irate of or We Commiffioners , or 'Princi- pal Officers of the Cuftoms in the City or 'Port ot Do Tefi/fie and make Known , That Mafter or Comman- der of the Ship called the hath ap- peared (14 1 peared before Us> andhathT>eclaredby S< lemn Oath , That thefaid Ship or Veffel Co? taining about Tons* ofwhk he is atprefent Mafler or Commander , dot belong to the Inhabit ans of within the ^Dominions of the Mofl Serene an Mighty Trince , the King of England , Scoi land , France , and Ireland , defender of th Faith, Sec. SohelphimGod. And in \ regar it would be mofi acceptable to Us , that th f aid Mafler or Commander be AJfifled in hi jufi and lawful Affairs , We do Requeflyou wherefoever the faid Mafler or Commander (hall Arrive with his Ship , and the Good, Laden on Board and Carried in her, that yoi would pleafe to Receive htm Court eoujly am ufe him Kindly ', and Admit him, upon Paying the lawful and ufuat Cufloms and other Du- ties , to Enter into, Remain in, andTafsfrom your 'Poyts, Rivers, and 'D ominions, and the- re to Enjoy all kind of Right of 'Navigation, Jraffick , and Commerce , in all T laces where he J hall think fit ; Which We fhall mofl wil- lingly and readily acknowledge upon all Oc- casions : InTeflimony and Confirmation whe- reof, We have with Our Hand Signed thefe Trefents, and caufed them to be Sealed with Our puy Seal : TJated at in \he day of in the Tear of Our Lord The Form of thePafspor t Q or Sea-brief) to be asked of, and given by the Burgerma- fters of the Cities and Ports of the United Netherlands, to the Ships or Veffels Sai- ling from thence, according to the Purport of the Fifth Article. T O the moft Serene , moft Illuflrious » moft Migh- ty , moft Noble ? moft Honourable, and moft Tru- ient Emperours , Kings , (jovernours of Common- wealths y 'Princes , Dukes , Earls , "Barons , Lords, Burger-mafters, Schepens, foftnfellors, f fidget t Officers, fuftices , and Rulers of all Cities and ^Places , as well Eccieftaflical as Secular , to whom thefe Prefents fhall he [hewn ; We the Burger-mafters and littles of the Cit f do Certifie , That M after or Skipper of the Ship appeared before Vs 3 and 'Declared by Solemn Oath-, that the [aid Vmp called the containing about Lafts, of which he is at prefevt Mafter r Skjppor , belongeth to the Inhabitants of the United Netherlands : So help him God. *s4nd in regard it vould be wo ft acceptable to Vs > that the f aid Mafter or 'kipper be Jifftfted in his jufl and lawful affairs , We o Requeft you i and every of you , where foev er the f aid ^ri after er Skipper .fhall Arrive with his Ship, ard the (16) the Cjoods Laden on Board and parried in her , tbatyo would pleafe to Receive him courteoufly , andufe hit kindly , "and admit him , upon paying the lawful ah ufual Cufloms and other 'Duties > to Enter into, Remat, in ,, and *Pafs from yous Ports* Rivers , and Domi nions , and thereto enjoy all kind of Right of Naviga lion /Traffic^ , and Commerce , in aU, Places , where b [hall thinkjit j Which W ej "hall mofl willingly andrea dily acknowledge upon all Occafions : In Teftimony am Confirmation whereof, We have caufedthe Seal of Ou £ity 10 be hereunto put : Datedat u the day of in the year of our Lord IN Teftimony and Confirmation of all and fingir lar Premifcs > We the CommifEoners of His Ma jefty , and the Lords the Stares. General aforefaid being fufficiently Impower'd thereun£&, have t< thefe Prefems Sublcribed Our Names, landSealet • them wirh Our Seals , At London, theFirftdayo ^December. 167$. Tho. Culpeper J. Qrver G. Downing G, Sautyn Richard Ford Samuel Beyer Will* Tbomfon .And. van Voffen John Iollife P. Duvelaer John *Buckyi>Qrth. M, Michielz.cn, FINIS. L/i> ^'L^w Seifbt^ £* r i i it NETHERLANDS- HISTORIAN ■