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either fate; and in case either of by the present treaty, to the fub. the two contracting parties tha i rejects o: his Britannic majesty shall voke the prohibitions, or diminish take offeet, as far as relates to the the duties, in favı ur of any oiher kingdom of Great Britain, as soon Eur pean nation, lipon any goods as laws thall be passed there, for or merchandize of its growth or securing to the fubie is of his most manufacture, whether on importa- Christian majetly the reciproca en. tion or exportation, lucii revoca- joyment of the advantages which tions or diminutions shall be extend- are granted to them by the present ed to the subjects of the other party, treaty. on condit on that the latter Hall And the advantages granted by grant to the subjects if the former all these articles, excepi the tariff, the importation and exportation of shall take effect, with regard to the the like goods and merchandizes kingdom of Ireland, as foon as laws under the fame duties; the cales re- fhall be pled there, for securing Terved in the VI'th article of the to the subjects of his most Christian present treaty always excepted. majesty the reciprocal enjoyment of

Art. XII. And torasmuch as a cer- the advantages which are granted tain usage, not authorized by any to them by this treaty; and, in law. has formerly ok tained in divers like manner, the advantages grant. parts of Great Britain and France, by ed by the tariff shall tahe effect, in which French subjects have paid in what relates to the faid kingdom, England a kind of capitation tax, as foon as laws shall be påffed there called in the language of that coun- for giving ettect to the faid tariff. try, head-money; and Englife fub- Art. XV. It is agrred, that thips jects a lihe duty in France, called belonging to his Britannic majeity's Argent du Chef ; it is agreed that the subjects, arriving in the dominions said impoll shall not b. demanded for of his most Christian majesty, from the future, on either fide, neither the ports of Great Britain or Ire. under the ancient n me, nor under land, or from any other foreign any other name whatsoever. port, shall not pay freight duty,

Art.XIII. .feither of the high con. or any other like dity. In the tracting parties has granted, or shall fame manner, French ships shall be grant, any bounties for encourag. exempted, in the dominions of his ing the expoi tation of any articles, Britannic majeily, from the duty of being of the growih, produce, or five Niillings, and from every other manufaciure of his dominions, the similar duty or charge. other party shall be allowed to add XVI. It shall not be lau ful for to the duties already imposed, by any foreign privateers, not being virtue of the present tieary, on the subjects of either crown, who have said goods and merchandizes, im- commillions from any other prince ported into his dominions, such an or itate, in enmity with either naimport duiy as shall be equiv. lent tion, to arm their shiis in the ports to the faid bounty. But this ftipu- of either of the said two kingdoms, lation is not to extend to the ciles to sell what they have taken, orin of restitutions of duties and impolis, any other manner whatever to ex. (call d drawbacks,) which are al- change the fame; neither Mall they lowed upon exportation.

be allowed even to purchase victuals, Art. XIV. The advantages granted except such as fall be necessary for

their going to the nearest port of on stamped paper, except their day. that prince from whom they have book, which, that it may be proobtained commission.

duced as evidence in any law-luit, Art. XVII. When any dispute ought, according to the laws which Thall arise between an, commander all persons trading in France are to of a bip and his teamen, in the ports observe, to be indorsed and attested of either kingdom, concerniug wa- gratis by the judge, under his own ges due to the ai? Teanen, or o- hand. ther civil caures whatever, the ma- Art. XVIII. It is further agreed giftrate of the place all require and concluded. that all merchants, no more from the person accused, comanders of ships, and others, the than that he give to the acufer a subjects of the king of Great Brideclaration in writing, witnessed by tain, in all the dominions of his the magistrate, whereby he shall be moft Chriftian majesty in Europe, bound to answer that matter before shall have full liberty to manage a competent judge in his own coun- their own affairs themselves, or to try ; which being done, it fall not commit them to the man igement of bé lawful for the seamen to desert whosoever they please; por shall their ship, or to hinder the com- they be obliged to employ any inmander from prosecuting his voyage. terpreter or broker, nor to pay them It shall moreover be lawful for the any falary, unless they shall chule merchants in the places of their a. to employ them. Moreover, marbode, or elsewhere, to heep books ters of ships Mall not be obliged, of their acco nts and atairs, as in loading or unloading their ships, they shall see fic, and to have an to make use of those persons who intercourse of letters, in fuch lan- may be appointed by public authoguage or idiom as they shall chufe, rity for that purpose, either at without any' molettation or search Bourdeaux or elsewhere; but it whatsoever. But if it should hap- Mall be entirely free for them to pen to be necesiry for them to pro- load or unlead their fhips by them. duce their books of accounts for felies, or to make use of such per. deciding any dispute or controver- fin or per ons in loading or unloadfy, in such case they th-11 be oh- ing the same, as they shall think fit, liged to bring into court the entire without the payment of any reward books or writings, but so as the to ai. y other whomsoever; neither judge may not have liberty to take shall they be forced to unload into cognizance of any other articl s in other ships, or to receive into their the said books than such as fhall own, any merchandize whatever, relate to the affair in quei ion, or' or to wait for their lading any long. such as fall be neceflary 10 give er than they please. And all the credit to the said boks ; neither subjects of the most Chrillian king shall it be lawful, under any pre- fhail reciprocally have and enjoy tence, to take the said books or the same privileges and liberties, in writings forcibly out of the hands all the dominions of his Britannic of the owne s, or to retain them, majesty in Europe. the case of bankruptcy on y except

Art. XIX. The ships of either party ed. Nor shall the subjecis of the being laden, failing along the coasts king of Great Britain be obliged to of the other, and being forced by write their accounts, letters, or o- sto'm into the havens or ports, or ther instıuments relating to trade, making land there in any other manner whatever, shall not be ob- although the whole lading, or part liged to unlade their goods, or any thereot, Mould belong to the ene, part thereof, or to pay any duty, mies of their majetties, contraband unless they, of their own accord, goods being always excepted, on unlade their goods there, and tell the stopping of which, fuch profome part thereof But it shall be coeding's Niall be had as are conlawful, permission having been first formable to the spirit of the folobtained from tho e who have the lowing articles; it is likewise adirection of maritime affairs, to un- greed, that the same liberty be exlade and sell a small part of their tended to perfons who are on board cargo, merely for the end of pur- a free ship, to the end that, alchating neceffaries, either for vic- though they be enemies to both, or tualling or refitting the thip; and to either party, they may not be in that case, the whole lading Mall taken out of such free thips, unless not be subject to pay the duties, they are soldiers, actually in the but that small part only which shall service of the enemies, and on their have been taken out and fold.

manner

voyage for the purpose of being Art. XX. It shall be lawful for all employed in a military capacity, in the subjects of the king of Great Bri- their fleets or armies. tain, and of the most Christian Art. XXI. This liberty of navigaking, to fail with their ships, with tion and commerce shall extend to all perfect focurity and liberty, no dif- kinds of merchandizes, excepting tinction being made who are the thofe only which are specificd in proprietors of the merchandizes la- the following article, and which den thereon, from any port what are described under the name of ever, to the countries which are contraband. now, or shall be hereafter at war Art. XXII. Underthis name of conwith the king of Great Britain, or traband, or prohibited goods, shall the most Christian king. It fhall be comprehended arms, cannon, likewise be lawful for the aforesaid harquebuffes, mortars, petards, fubjects to fail and traffic with their bombs, grenades, faucifles, carcafships and merchandizes, with the fes, carriages for cannon, musfame liberty and security, from the ket-reits, bandoleers, gun-powder, countries, ports, and places of those match, faltpctre, ball, pikes, Twords, who are enemies of both, or of ei- head-pieces, helmets, cutlafles, halther party, without any opposition berds, javelins, holtiters, belts, or disturbance whatsoever, and to horses and harness, and all other pass directly not only from the like kinds of arms and warlike implaces of the enemy aforemention- plements fit for the use of troops. ed to neutral places, but also from Art. XXIII. Thele merchandizes one place belonging to an enemy, which follow shall not be rukoped to another place belonging to an among contraband goods, that is to enemy, whether they be under the fay, all sorts of cloth, and all other jurisdi&tion of the same, or of fe. manufactures of wool, flax, silk, cotveral princes. And as it has been ton, or any other materials, all kinds stipulated concerning thips and of wearing apparel, together with goods, that everything fall be the articles of which they are usualdeemed free, which mall be found ly made, gold, silver, coined or on board the thips belonging to the uncoined, tin, iron, lead, copper, subjects of the respective lingdoms, brass, coals, as also wheat and bar.

leys

ley, and any other kind of corn present treaty: they malt likewise and pulse, tobacco, and all kinds be renewed every year, if the ship of spices, falted and smoaked Acth, happens to return home within the falted fish, cheese and buiter, beer, space of a year. It is also agreed, oil, wines, sugar, all forts of salt, that fuchships when laden are and of provisions which serve for to be provided not only with pasrfuítenance and food to mankind; ports as above mentioned, but also also all kinds of cotton, cordage, with certificates containing the lecables, fails, filcloth, hemp, tal- veral particulars of the cargo, the low, pitch, tar and rolin, anchors, place from whence the ship failed, and any parts of anchors, ship- and whither she is bound, to that it maits, planks, timber of all kinds may be known whether the carries of trees, and all other things pro- any of the prohibited or contraband per either for building or repairing goods fpecified in the XXIId article ships. Nor Mall any other goods of this treaty; which certificates wharerer, which have not been shall be prepared by the officers of the worked into the form of any inftru- place from whence the ship fet fail, ment, or furniture for warlike use, in the accuflomed form. And if by land or by fe.i, be reputed con- any one shall think fit to express in tiaband, much less such as have the said certificates the person to been already wrought and made up whom the goods belong, he inay for any other purpose. All which freely do so. things shall be deemed goods not Art. XXV. The ship, belonging to contraband, as likewise all others the subjects and inhabitants of the which are not comprehended and respective kingdoms, coming to any particularly described in the pre- of the coasts of either of them, but ceding article ; fo that they may be without being willing to enter into freely carri-d by the subjects of both port, or being entered, yet not kingdoms, even to places belonging willing to land their cargoes, or to an enemy, excepting only such break bulk, shall not be obliged to places as are belieged, blocked up, give an account of their lading, or invefied.

unless they are suspected, upon sure Ait. XXIV. To the end that all evidence, of carrying prohibited manner of diffenfions and quarrels goods, called contraband, to the may

be avoided and prevented on enemies of either of the two high both sides, it is agreed, that in cafe ci- contracting parties. ther of their majesties should be en- Art. XXVI. In case the ships begaged in a war, the thips and vef- longing to the said subjects and inha. lels belonging to the subjects of the bitants of the respective dominions other shall be furnished with sea- of their most serene majesties, either letters or patsports, exprefling the on the coast, or on the high feas, name, property, and bulk of the mall meet with any men of war ship, as alio the name and place of belonging to their most serene maabode of the master or commander jesties, or with privateers, the faid of the said ship, that it may appear men of war and privateers, for thereby, that the thip really and preventing any inconveniencies, are truly belongs to the subjects of one to remain out of cannon-shot, and of the princes; which passports to send their boats to the merchantshall be made out and granted, ac- tip which may be met with, and cording to the form annexed to the shall enter her to the number of

two

two or three men only, to whom shall it be lawful to sell, exchange, the master or commander of such or alienate the fame in any manner, fhip or veffel shall thew his pafsport, unless after due and lawful process containing the proof of the proper. shall have been had again it such ty of the ship, made out according prohibited goods, and the judges of to the form annexed to this present the admiralty respectively, thall, by treaty; and the ship which mall sentence pronounced, have confirhave exhibited the same, shall have cated the same ; saving always as liberty to continue her voyage, and well the ship itself, as the other it shall be wholly unlawful any way goods found therein, which by this to molest or search her, or to treaty are to be accounted free : chase or compel her to alter her neither may they be detained on course.

pretence of their being mixed wih Art. XXVII. The merchant ships prohibited goods, much less shall belonging to the subjects of either of they be confiscated as lawful prize : the two high contracting parties, and if, when only part of the cargo which intend to go to a port at shall confiit of contraband goods, eninity with the other sovereign, the master of the ship shall agree, concerning whose voyage and the consent, and offer to deliver them fort of goods on board there may to the captor who has discovered be just cause of suspicion, shall be them, in such case, the captor obliged to exhibit, as well on the having received those goods, as high seas as in the ports and ha- lawful prize, shall forth with release vens, not only her passports, but the thip, and not hinder her, by also her certificates, expressing that any means, from prosecuting her the goods are not of the kind which voyage to the place of her destiare contraband, as specified in the nation. XXIId article of ihis treaty.

Art. XXIX. On the contrary it is aArt. XXVIII. If, on exhibiting the greed, that whatever shall be found above mentioned certificates, con- to be laden by the subjects and intaining a list of the cargo, the other habitants of either party, on any party should discover any goods of thip belonging to the enemies of the that kind which are declared con- other, although it be not contratraband, or prohibited, by the XXIId band goods, ihall be confiscated in article of this treaty, and which the same manner as if it belonged are designed for a port subject to his to the enemy himself; except thuse enemies, it shall be unlawful to goods and merchandizes which break up or open the hatches, were put on board such ship before chests, casks, bales, or other vef- the declaration of war, or the genesels found on board fuch ship or to ral order for reprisals, or even after remove even the smallest parcel of such declaration, if it were done the goods, whether the said ship within the times following ; that belongs to the subjects of the king is to say, if they were put on board of Great Britain, or of the most such ship in any port or place withChristian king, unless the lading in the space of two months after be brought on shore, in the pre- such declaration, or order for resence of the officers of the court of prisals between Archangel, St. Pe. admiralty, and an inventory made tersburgh, and the Scilly islands, by them of the said goods : nor and between the said itlands and

the

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