Chapter LX: Appendix: K

(P. 389.)

ABSTRACT OF THE THIRTY-SIX ARTICLES PROPOSED BY: THE DUTCH TO ST JOHN AT THE HAGUE, 1651.

State Papers. Foreign. Treaty Papers (Holland), No. 46. 1651.

A Briefe Narrative of the Treatie at the Hague betweene the hono^{ble} Oliver S^t John, Lord Chiefe Justice of the Court of Com̃on Pleas, and Walter Strickland Esq. Embassado^{rs} extraordinary of the Parliament of the Com̃onwealth of England, to the great Assembly of the States Generall of the United Provinces begun upon the 20th of March 1650 [1651] and continued vntill the 20th of June 1651 and then broke of re infecta.

A Drafte of the Treatie which is to be made and entred into with the extraordinary Ambassado^{rs} of the Republique of England.

2.

[Sidenote: Confederated ffr^{ds} for defence &c. & against Dystourb^{rs} &c.]

That they shalbe, and remayne confederated friends, vnited, and allyed for the defence, and preservation of the Libertye and freedomes of each others people, and mutuall Com̃erce Navigacion,and Com̃on Interests against all those that shall endeavour to disturbe either of the States in the same by water or land in manner as is herevnder declared and expressed.

17.

[Sidenote: Libertie to dwell in each oth^{rs} lands & to enjoy equall p^{r}ivil^{ges} w^{th} the Natiues &c.]

The subiects, and Inhabitants on both sydes may com̃e, and dwell in each others lands reciprocallye, and take their setled residence there, have their owne houses there to dwell in, and their Warehouses for to bring their goods, wares, and Merchandizes thither, and also vse their trade, and com̃erce there in all securitye, and without hinderance of any one as well at sea, other waters, as at land, enioyeing there, and every where else, the same, privilidges, Libertie, and freedome, as the Inhabitants, and each others subiects doe respectively enioy there in their own Country, and in case any hinderances happen they shall really, and speedilye be removed.

18.

[Sidenote: Free libertie of Fishing &c.]

The subiects, and Inhabitants of either, of what qualitie, or condition soever they be, may sayle, and fish every where at sea freely, without any disturbance Licence, Patent, or Passe port, as well herring, as all other sorte of fish, great and small, and the sayd Fishermen being driven out of the sea by storme, Rovers, Enemyes, or any other accident, and coming in, or to any of the other Havens, or Jurisdictions shalbe well, and freindly receaved, and entreated, and may depart thence againe with their ships, fish, furniture for fishing, and other laedings, (in such case, and not haveing broak bulke there,) freely without payeing custome, or any the least duty.

19.

[Sidenote: No harboring of Pyrates &c.]

[Sidenote: Rouers & Coceal^{rs} to be punish^d & y^e ships & goods restored &c.]

For to make the free Navigation, and com̃erce, on the seas, Rivers, and every where more certeyne, the said Republicke, and Vnited Provinces, shall not receave, nor suffer, or permitt that any Pyrats, or Searovers, be receaved, kept, or harboured by their subiects, in their respective Havens, Lands, Cittyes, or Townes but shall cause as well the said cencealo^{rs}, as Rovers, to be persequuted, apprehended, and punished, for terrou^r to others as is fitt, and the roved ships, goods, Merchandises yet in Esse, and in being, yea though they were there sould, shalbe restored, or made good to the right owners, or to such as have their Assignm^{ts}, or Lett^{rs} of Attorney, who doe sue for, and reclayme the said roved ships, and goods, vpon a iuratory affirmation of the reclaymer till better proofe.

20.

[Sidenote: Sufficient securitie by those who goe out vpon particul^r com̃issions.]

All perticuler persons on either syde, that goe out upon perticular Com̄issions, shalbe bound before they may goe to sea, to put in sufficient securitie before the Judge of the place from whence he setts saile.

21.

[Sidenote: Both to set out Fleets for scouring the Seas &c.]

And to cleare the seas from all Pyrats, and Rovers, of what nation soever they bee, and to defend, and free the Libertie, and freedome of both the Nations Com̃erce, Navigation, and Freefishing as well in the North sea, Ocean, as Mediterranean sea, and all channells, and Streights ruñing betweene ’em; the sayd Republicke of England and the Vnited Netherlands shall provide and añually set out to sea a strong fleete at least of ... [_sic_] Vessells, and the like proportion of men, munition of warr, Victualls, and all necessary furniture, wherewith each vnder his owne Admirall, and flagg, shall crosse, and scoure the said seas, to witt those of England from ... vntill ... and those of the Lowe countryes from ... till ... beginning the first of ... and stayeing till the last of ... and shalbe bound to seaze on, and master all Pyrats that they shall meete with, the ships of either of the nations by them taken to restore to the true owners, and if it be needfull, and requisite to helpe, and seacond each other, each to keepe his taken bootye, or prises for himselfe, and so to cleare, and free the said seas, and channell, or straights from all Pyrats and searovers.

22.

[Sidenote: Each parties Fleetes to force to Reparacion hinders of y^e Com̄erce navigcion Fish^g &c.]

And for the further defence and advancem^t of the freedome, and Libertie of both the said Nations Com̃erce, Navigation, and freefishinge in the sayd seas, the sayd fleets and alsoe other men of warr, and com̃ission bearers on either syde, shall not only doe against Pyrats in manner aforesayd, but alsoe against all, and singuler persons, whatsoever they be that shall chance to trouble, molest, hinder, exacte, or against the Lawe of all nations burthen, or charge them, or either of them in the sayd freedome, Com̃erce, Navigation, and fishing. It is intended neverthelesse that the dampnifyed partie shall first, and aforehand complayne of the same to the undampnifyed partie, and endeavo^r together by all freindly waies, and intercession, that they who molested them doe make reparation to content, But if it be not so done, that then they shall seaze, take, and surprize in the said seas, not onlie with the said Fleete, but alsoe with all the strength of shipping which they can bring to sea the ships, and goods of the Cittie, and of her inhabitants, who have done the said trouble and so continewe vntill that the dampnifyed partye shall have gott full satisfaction, and every thing be putt agayne in full Freedome, that all dam̃age may be recovered, in case they chance to goe beyond or exceed their com̃ission, and charge.

23.

[Sidenote: Men of warr to protect y^e Merh^{ts} ships of each party or of y^e Allies &c.]

The men of warr of either partye meeting or overtakeing any Marchant shipp, or ships at sea, of the other partie, or of the others subiects, or of the Allyes (alsoe comprehended in this Treatye) and haveing both one course, or goeing both one way shalbe bound so longe as they keepe one course togeather to take them vnder their protection, and to defend them against all, and everyone.

24.

[Sidenote: Retaking of ships taken in one anoth^{rs} Havens.]

In case any shipp, or ships of eithers subiects, or of a Newter chance to be taken in the Havens, or Libertyes of the one or the other by a third partie, being no subiects of either partie, they in or out of whose Havens, or Libertyes the said ship, or ships shall be taken, shalbe bound to help with the other party, to endeavo^r that the sayd taken ship, or ships may be followed, brought back, and restored to the Owners, but all at the charges of the said Owners, or interessed.

25.

[Sidenote: Ships forced into Haven through any Misfortune may depart againe freely w^{th}out paying any Dutie &c.]

In case any Marchants ships of the subiects of either partye chance to com̃e to harbour in the Land of one or the other by tempest, or by pursuite of Searovers, or through any other necessitye, force, or misfortune, they may sayle out agayne from thence freely at their pleasure, without that they shall therefore be bound to goe on shoare, vnlade, or sell their Merchandizes there, nor to paye for the same any duties, or customes, it shall in such cases be enough if they shew their Maritine lett^{rs} and Passe ports without being subiect to any other search.

26.

[Sidenote: None to come into each oth^{rs} Havens w^{th} men of warr to a Number w^{ch} might cause suspition &c. w^{th}out Leaue &c.]

They may not come to, or in, nor stay in the Havens of each others Country with men of warr, and souldiers, to a number which might cause apparent suspition, or ill thoughts, without consent, or leave of those vnder whome the said Havens are, vnlesse they be driven by tempest, or forced to doe soe through necessitye, and to avoyd any dangers of the sea.

27.

[Sidenote: Oth^r men of warre to come & goe freely &c.]

For the men of warr of either syde, not being in soe great a number to cause any suspition, the Havens, rivers, and roades of either party, shall be alwayes open and free for to come in, there lye at Ancher, and sayle out agayne without any hinderance, or trouble; the sayd men of warr regulating themselves neverthelesse according to the lawes, and customes of the respective places.

28.

[Sidenote: Men of warre not to be searcht onely com̄ing into Hauens to shew their Com̄iss^{ns}.]

Provided neverthelesse that none of the men of Warr, or such as have Com̃ission on either syde, shalbe subiect to any search, or visitation there, or on the respective coasts, or alsoe in the full sea, further then only to shew each others Com̄issions, com̄eing into their respective Havens, and not otherwise.

29.

[Sidenote: Like libertie touch^g Prizes &c.]

All perticular Com̄ission bearers on either side, shall likewise enioy the same freedome, in respect of their owne ships, as alsoe of the prises which they shall have taken from their particular on the com̄on Enemy, for to bring the said prises to the place where they are bound according to their Com̄ission, which they shalbe bound to informe, or make knowne to the Officers of the place, or to paie any dutye vnto them, or any else there, they shalbe neverthelesse bound to shew their respective Com̄issions to the sayd Officers.

30.

[Sidenote: Goods of eith^r p^{ty} found in Enemies ships to be prize as well as y^e ships.]

The goods, wares, and merchandizes of the subiects, and inhabitants of either partie, laeden, and found in Enemyes ships shalbe vnfree, and prise as well as y^e ships.

31.

[Sidenote: No Assistance to Enem^s or Rebels by Cōtrab^{da} wares &c.]

[Sidenote: What serues for victuall or mainten^{a}nce of Life to be free &c.]

It is alsoe expressly agreed, that the parties Contracto^{rs} shall not give, nor suffer that out of their respective Countries, by their subiects, or other Newters any assistance be done to their respective enemies, or rebells, of any Contrabanda wares, or Marchandises, as are all manner of fyreworks, and what else belongs therevnto, as Cannon, Musketts, Morterpieces Petards, Guns, Granadoes, Sawsiges, ..., [?,] Rests, Bandeliers, Powder Match, Saltpeter, Bullets; all sortes of armes, as Pykes, swordes, Headpieces, Cuirasses, Holberds, and such lyke; as also souldiers Horses, horse furniture, Pistoll cases, Rapiers, Belts, and all furniture, fashioned, and made for vse of warr, with expresse meaning that vnder the name of Contraband, or forbidden goods, there shall not be comprehended wheat, Corne, and other grayne, Pease, Beanes, Wheat [_sic_: Meat?], Salt, Wyne, Oyle, nor generally all that serves for food, and maintenance of lyfe, but shalbe free, as other goods above mentioned, And any of the said Contraband goods, being found in each others ships, they may be confiscated after knowledge of the case before a competent Judge, without troubling any other Wares, or goods.

32.

[Sidenote: No carying of anie Portug^{ll} goods &c. vpon Penaltie of Losse of y^e ships &c.]

It is further bespoake, that the subiects, and inhabitants of either side, may not transporte, or carry any Portingall goods, wares, or Merchandises out of America, Asia, or Affrica, or into, or out of Europe, or one parte thereof to another, nor vice versâ from Europe to America, Asia, or Affrica, nor from one part of them to another, upon penaltye of losse of the same ships.

33.

[Sidenote: Ships cast away If claym^d w^{th}in a yeare & a Day to be w^{th} y^e goods restored to the Own^{er}s w^{th}out suite.]

If any ships either for warr, or marchandise, or other of either partye by storme, or any other misfortune, chance to be stranded, or cast away on the coast of either country, the said ships with their Apparell, and all therein may be reclaymed, and brought back againe within the space of a yeare, and a day, by the right owners or there Assignes, or deputies, and shalbe restored againe to them without any forme of suite onlye payeing for the charges done about ’em, and a reasonable gratuitye or salvage money, and in case upon such, and the like accidents, subiects of either side chance to fall to question, the officers of the respective places shall be bound to doe good, and right Justice betweene the partyes, without deteyning them by any formalitye of processe.