I.

All and Everie the subjects, of the most serene, and Mighty King of Great Brit­tain, beforenamed, shall with all safety, and Freedome, Sail, and Traffick, with All manner of Marchandises, in all Kingdomes, Countries, and Estates, wich are, or shalbe, in Peace, Amitie, or Newtrallitie, with the said King, without being troubled, or disquieted in that libertie, by any of the Ships of Warr, or other Vessels, belonging unto the States Generall, or any of their subjects, under Co­lour of any Emnity, or difference, wich now, or hereafter, might happen, to arise, betweene the States Generall, and any Nation, which shal be in Peace and Newtralitie with the said King: In like manner, all and Everie the subjects of the States Generall, shall with all Safety, and Freedome, Saile, and Traffick, with all Manner of Marchandises, in all the Kingdomes, Countries, and Estates, wich are, or shalbe, in Peace, Amitie, or Newtrallitie, with te said States, whout being troubled, or disquited, in that libertie, by any of the Ships of Warr, or other Vessels, belonging to the said King, or any of his subjects, under Colour of any Emnity, or difference, which now, or hereafter, might happen to arise, betweene the said King, and any Nation, which shalbe in Peace, and Newtralli­tie, with the said States.

II.

This Freedome of Navigation, and Traffick, shall extend, to all sortes of Marchandises, which may be transported in times of Peace, and shall not be di­sturbed under any pretence of warre, Savenig only suck goods, as are declared Contrabande, in the following Article.

III.

Under the name of Contrabande, or wares forbidden, are only comprehended, Armes, Muskets or Barrels, and their appurtenances, Fireworkes, Gunpowder, Match, Ball, Swords, Lances, Pikes, Halbards, Canon, Mortar-peeses, Pe­tards, Granadoes, Rest, Bandeliers, Saltpeter, Muskets Bullets, Morions, Headpeeses, Brestplates, Quirasses, and such like Armes, Souldiers, Horses, and all Manner of vtensils belonging to horse, Holsters, Belts, and whatsoever elce may be needfull in War.

IIII.

Amongst the wares forbidden, or Contrabande, these following shall not be included, viz Cloth, and all Manufactures Made of Wool, Linnen, Cotton, or any other Stuffes, all Manner of clothes, or clothings, with the Stuffes whereof [Page]they are made; Gould or Silver, Coined, or Uncoined, Tinn, Iron, Lead, Copper, Coales, Wheate, Barley, and all other Kinde of Corne, Tabacco, and all manner of Spice, Salted, and dried Flesh, or Fish, Cheese, or Butter Beere, Oile, Wine, Sugar, and al Kinde of Salte, as also all manner of things usefull for the food of mankinde, furthermore, Hempe, Tarre, Pitch, all sor­tes of Roapes, Sailes, Anckers, Masts, Plancks for Schipping, Deales, and Balkes of all Sortes, and Generally, all things necessary for building, or repai­ring of shipps, Yea all manner of wares, and Merchandise, shalbe Accounted free, which are not Expressed, in the foregoing Article, and the transportation of them shalbe permitted, by any of the Kings subjects, Even unto places in Emnity with the States, as also in like manner, by any of the subjects of the States, unto places In Emnity with the King, Except such Citties, and places, as are besiedged, blocked up, or Invested.

V

And to remove all manner of differences, or discontents, which might hap­pen, by Land, or Sea, it is agreed, that all Ships, belonging unto the subjects of the said King, which shall enter Into any roade, or porte, belonging unto the States, and purposing te pass from thence, schalbe only obliged, to shew unto th' Officers off such porte, or in case there be any Ships of warre, or other Ships having Commission, unto the Chiefe Commandors thereof, their pasports, wit­hout paying, or giveing, ought unto them, But in Case they shall meete with any of the States Ships of warre, or others having Commission, at Sea, without the Territories of the said States, they shall keep at A reasonable distance, and shall only with two or three men in their boate, go aboarde of such Ship, or Vessel, as shall belong unto any of the Kings subjects, to see the Pasports, Con­taing the Lading of such Ship, wich being shewed, by the Captaine or Master of such Vessell, they may not be hindred, retarded, or forced, to alter his course, And the subjects of the States Generall, shall Enjoy the like freedome, Havinge shewed their Pasports, in manner, as aforesaid, the Content wherof shalbe, as hereafter is Expressed.

VI.

But if any Ship belonging unto the subjects of the said King, shall saile to any porte, in Emnity with the States, or any Ship belonging unto any subject of the States, shall saile to any porte, In Emnity with the said King, be met at sea, such Ship, shall not only shew his pasports, in forme as hereafter is Expressed, which he shalbe obliged to have, but also Certificates made by the Customer of that porte, from whence he shal set saile, Containing the Lading of such Ship, to th' End it may be knowne, Whether he have any Marchandises in his Ship, which are forbidden by the third Article of this treatie.

VII.

And in Case any goods or Marchandises, which are before declared to be contrabande, or forbidden, befound or discovered, by viewing of the said Certificates, to be made by the Customer of that porte from whence such Ship shall set saile, and be bound to any porte in Emnity with th' other partie, the Commander in chiefe of that Ship where such goods are found, Whether hebe A subject of the said King, or of the States, shall not breake open the said Trun­kes, Cases, Packs, or Fatts, Wherem such goods are, but in presence of [Page]surveyors, appointed by the Iudges of Sea affaires, to be by them Inventorised, Yet none of them shal be sould, disposed of, or alienated, before Judiciall proceedings be made, and that the Judges of sea Causes, shall by their sentence have Condemned the same, Yet the Ship and all other Marchandises which be-found therein, and are not forbidden by this treaty, shal be free, and not de­tained, or Confiscated, under any Pretence of Contraband goods Whatsoever, And in case some parte of the Lading only be forbidden, and Contrabande goods, the Commandor in Chife of such Ship, shewing him self willing, and readie, to deliver such unto him, that shall have found them, shall not in such case be forced, to Enter Into any porte, but lefte al libertie, nor ani wise hin­dred, in the prosecution of his Intended voyage.

VIII.

It is further agreed, that all Goods belonging to subjects of the said King, which shal be found in Ships belonging to Ennemies of the States, though other­wise free, shal be Confiscable, and on the Contrary free, whatsoever shal be laden in Ships which belong unto subjects of the said King, though the whole Lading, or any parte thereof, might belong unto th'Ennemies of the States, Contra bande goods Excepted, which being seised, shalbe proceeded aganist, as in th'aforegonig articles, In likemanner, what goods soever, belonging to the subjects of the States Generall, which shal be found laden in any Ship, be­longing to th'Ennemies of the said King, though otherwise free, shal be Confis­cable, and on the Contrary free, whatsoever shal be laden in Ships which shall belong unto subjects of the States, though the whole Lading, or any parte the­reof, might belong unto th'Ennemies of the said King, Contra bande goods Excepted, which being seised shal be proceeded against, as in th'aforegoeing articles, But to th'End, that no unexpected dammage bedone, by th'one being In peace, when th'other may be in warr, it is provided and agreed, that any Ship belonging to th'Ennemy of th'other, and laden with goods belonging to the subjects of th'other, the said goods shall not thereby be confiscable, in case they were laden, before the day, and time agreed upon, after declaring and publi­cation of such war, viz if the goods were laden betweene the Soundings, and the ness in Norway, within six Weekes, after such declared war, from the said Soundings, to the Cittie of Tanger, within two Moneths, and ten Wekes within the Mediteranean Sea, or within Eight Moneths, in all other Coasts, and places of the Worlde, Where fore the goods, which shal be found laden in Ships belonging to th'Ennemy, and appertaining unto the subjects of his Ma­jesty, shall not be forfeited, but immediatly delivered unto the owners the­reof, unless they were laden, after the day, and time, limitted, within the severall districts, aforesaid, Yet so as the said wares which are called Contra­bando, and for the said reason confiscable, shall not be transported to any porte belonging to th'Ennemy, In like manner, the goods which shalbe found laden, In Ships belonging to th'Ennemy, & appertaining unto the subjects of the States, shall not be forfeited, but Immediatly delivered unto th'owners thereof, unless they were laden, after the day and time limitted, within the severall districks, aforesaid, Yet so as the said wares, which are Called Contrabando, and for the said reason Confiscable, shall not be transported to any porte belonging unto th'Ennemy.

IX.

And to th'End that his Majesties and the States subjects, may be secured from dammage, by Each others Ships of warr, or haveing private Commissions, all Commandors in chiefe, of any his Majesties, or the States Ships of warr, as also all their subjects Haveing private Commissions, and such as have Priveledge to Navigate to and fro, shalbe Commanded to abstaine from doing of any damma­ge to Each other, and In case they do otherwise, they shalbe punnished, and moreover be obliged to repair the dammage, where unto their persons, and goods, shalbe lyable.

X.

Wherefore all Commanders in Chiefe, of private men of war, shall before they have their Commissions, give suffitient security, by ablemen, that are not owners, or otherwise Interessed therein, in the somme of fifteene hundred pounds sterling, or Sixteene Thowsand five hundred Guildens, that they will give full satisfaction for any injuries, or wrongs, which that Ship may Commit in their Courses at Sea, and for their Captaines, and Officers, which shall vio­late this present treatie, or any other betweene his Majestie and the said States, under penalty, of forfeiting their said Commissions, In which the said Caution shalbe incerted as aforesaid, And moreover it is agreed, that the Ship shalbe obliged, to satisfie, & repaire, all such injurie, and dammage, as shalbe committed.

XI.

His Majestie, and the said States, shall treate Each others subjects, within their respective territories, with the like favour, & shall when any prizes are-taken, give their Commands, That Iustice bedone, according to the rules of Equity, & Iustice, by Iudges unsuspected, and unconcerned, in the matter under debate, And his said Majestie, and the States, shall give strict orders, that all decrees, Iudgments, and orders, already given, and to be given, shalbe Executed, according to the tenure of them.

XII.

When the Ambassadours of the said States Generall, or any other of their pu­blick Ministers, residing at his Majesties Court, shall make Complainte, of the Iudgements which shalbe given, his Majestie will cause a review to bemade, of the said Iudgement, in his Councell, to Examine, whether the order, and pre­cautions, Contained in the present treatie, have bin followed and observed, and will also provide, that Everie plaintiff shal have Iustice done him, within the space of three Moneths at the farthest, And when in like manner, his Majesties Ambassador, or other publick Minister Residing with the States shall make Complainte of the Iudgments which shalbe given, the States Generall, shall cau­se A review to be made, of the said Iudgment, in th'assembly of the States Ge­nerall, to Examine, whether the order, & precautions, contained In the pre­sent treatie, have bin followed and observed, nevertheless It shall not be law­full, either before, or after, any decree, the review Yet pendant, to unlade, or sell, any of the goods in dispute, Without the consent, of parties concerned therein,

XIII.

The case depending, betweene the takers of prizes, and the claymors, or de­fendants, if it be decreed in favour of the defendant, such decrees shal have its [Page]Execution under caution given, notwithstanding the taker may have appealed, which rule shal not be followed when A decree is past against the defendant.

XIV,

And because Masters of Marchants Ships, and their Mariners, do many times suffer barbarous cruelties, when in times of warr, they fall in the hands, of Ca­pers, by forceing of them to confess what they Would have, It is agreed, that his Majestie, and the States Generall, shall straightly forbid, such unchristian like Actions, and such as shalbe convinced by lawfull witnesses, shalbe punni­shed severely, in terrour to others, and all Commanders in chiefe of Ships, which shall upon due proofe have committed such villanous acts, by them sel­ves, or others, at their Instigation, or connive at such actions, being acted, shall above the punnishint to be Inflicted, beturned out of their service, and such Ship as shall betaken, and brought in as prize, whereof the Master, or Mari­ners shall have suffered any torture, shall Immediatly be restored, and freed from any further Inquisition, or Incumbrance whatsoever, with all her lading.

XV.

It is also agreed, that severe punnishment, shall likewise be Inflicted, on those who shall transgress against the 21 Article of the treatie of peace conclu­ded at Breda, by takeing of Commissions from An Ennemy, to rob the Ships of an allie, otherwise then is Expressed in the said Article.

XVI.

Lastly it is agreed, and concluded, that this present treatie, and Every par­ticular clause therein, shalbe ratefied, and confirmed, assoone as possibly it may, and that the respective ratifications, shalbe Exchanged within two Moneths after the date hereof, And that the said treatie, whin one Moneth after the said ratification shall be Exchanged, shalbe delivered in due forme unto the Chiefe directors of th' English Companies, trading to th'East Indies and Africa, as also to the directors of the East, and West India Companies of the Netherlands, And that his Majestie, and the States Generall, shall give Notice hereof, to all their re­spective Governors, and Commanders, of Collonies, and places, In anie parte of the Worlde, as soone as possibly it maybe, to th'End that Everie one, within the Limits of his Command, may precisely observe and Execute the same.

In all which and Every particular therein Contained Wee the Commissioners on the behalf of his Majestie, and the States Generall beforenamed, by vertue of the power granted unto us have subscribed our Names unto these Articles and Sealed them with our seales: