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either flate; and in cafe either of the two contracting parties fha 1 re voke the prohibitions, or diminish the duties, in favour of any other Eur pean nation, upon any goods or merchandize of its growth or manufacture, whether on importation or exportation, fuch revocations or diminutions fhall be extended to the fubjects of the other party, on condit on that the latter fhall grant to the fubjects of the former the importation and exportation of the like goods and merchandizes under the fame duties; the cafes referved in the VIth article of the prefent treaty always excepted.

Art. XII. And torafmuch as a certain ufage, not authorized by any law. has formerly obtained in divers parts of Great Britain and France, by which French fubjects have paid in England a kind of capitation tax, called in the language of that country, head-money; and Englifi fubjects a like duty in France, called Argent du Chef; it is agreed that the faid impoft fhall not b demanded for the future, on either fide, neither under the ancient name, nor under any other name whatfo ver.

Art.XIII. feither of the high contracting parties has granted, or fhall grant, any bounties for encourag ing the exportation of any articles, being of the growth, produce, or manufacture of his dominions, the other party fhall be allowed to add to the duties already impofed, by virtue of the prefent treaty, on the faid goods and merchandizes, imported into his dominions, fuch an import duty as fhall be equivalent to the faid bounty. But this flipulation is not to extend to the cafes of reftitutions of duties and impofts, (call d drawbacks,) which are allowed upon exportation.

Art. XIV. The advantages granted

by the prefent treaty, to the subjects of his Britannic majefty fhall take effect, as far as relates to the kingdom of Great Britain, as foon as laws fhall be paffed there, for fecuring to the fubiects of his most Chriftian majefly the reciprocal enjoyment of the advantages which are granted to them by the prefent treaty.

And the advantages granted by all these articles, except the tariff, fhall take effect, with regard to the kingdom of Ireland, as foon as laws fhall be poffed there, for fecuring to the subjects of his most Christian majesty the reciprocal enjoyment of the advantages which are granted to them by this treaty; and, in like manner, the advantages granted by the tariff shall take effect, in what relates to the faid kingdom, as foon as laws fhall be påffed there for giving effect to the faid tariff.

Art. XV. It is agrred, that fhips belonging to his Britannic majesty's fubjects, arriving in the dominions of his moft Chriftian majesty, from the ports of Great Britain or Ire land, or from any other foreign port, fhall not pay freight duty, or any other like duty. In the fame manner, French fhips fhall be exempted, in the dominions of his Britannic majelly, from the duty of five fillings, and from every other fimilar duty or charge.

XVI. It fhall not be law ful for any foreign privateers, not being fubjects of either crown, who have commiflions from any other prince or ftate, in enmity with either nation, to arm their fhis in the ports of either of the faid two kingdoms, to fell what they have taken, or in any other manner whatever to exchange the fame; neither shall they be allowed even to purchase victuals, except fuch as fhall be neceffary for

their going to the nearest port of that prince from whom they have obtained commiffion.

Art. XVII. When any difpute fhall arife between any commander of a hip and his feamen, in the ports of either kingdom, concerning wages due to the ai feamen, or other civil causes whatever, the magiftrate of the place hall require no more from the perfon accufed, than that he give to the accufer a declaration in writing, witneffed by the magiftrate, whereby he fhall be bound to answer that matter before a competent judge in his own country; which being done, it fhall not be lawful for the feamen to defert their fhip, or to hinder the commander from profecuting his voyage. It fhall moreover be lawful for the merchants in the places of their abode, or elsewhere, to keep books of their accounts and affairs, as they fhall fee fit, and to have an intercourse of letters, in fuch language or idiom as they fhall chufe, without any molettation or fearch whatsoever. But if it fhould happen to be neceffry for them to produce their books of accounts for deciding any d fpute or controverfy, in fuch cafe they fhall be obliged to bring into court the entire books or writing, but fo as the judge may not have liberty to take cognizance of any other articl s in the faid books than fuch as fhall relate to the affair in que ion, or fuch as fhall be neceffary to give credit to the faid books; neither fall it be lawful, under any pretence, to take the faid books or writings forcibly out of the hands of the owne s, or to retain them, the cafe of bankruptcy on y excepted. Nor fhall the fubjects of the king of Great Britain be obliged to write their accounts, letters, or other inftruments relating to trade,

on ftamped paper, except their daybook, which, that it may be pro duced as evidence in any law-fuit, ought, according to the laws which all perfons trading in France are to obferve, to be indorsed and attefted gratis by the judge, under his own hand.

Art. XVIII. It is further agreed and concluded, that all merchants, comanders of fhips, and others, the fubjects of the king of Great Britain, in all the dominions of his moft Chriftian majesty in Europe, fhall have full liberty to manage their own affairs themselves, or to commit them to the man gement of whomsoever they please; nor fhall they be obliged to employ any interpreter or broker, nor to pay them any falary, unless they fhall chufe to employ them. Moreover, masters of fhips fhall not be obliged, in loading or unloading their flips, to make ufe of thofe perfons who may be appointed by public authority for that purpose, either at Bourdeaux or elsewhere; but it fhall be entirely free for them to load or unlead their fhips by themfelves, or to make ufe of fuch perfon or persons in loading or unloading the fame, as they shall think fit, without the payment of any reward to any other whomfoever; neither

all they be forced to unload into other fhips, or to receive into their own, any merchandize whatever, or to wait for their lading any longer than they pleafe. And all the fubjects of the moft Chriflian king fhal reciprocally have and enjoy the fame privileges and liberties, in all the dominions of his Britannic majesty in Europe.

Art. XIX. The fhips of either party being laden, failing along the coafts of the other, and being forced by ftom into the havens or ports, or making land there in any other

manner

manner whatever, fhall not be obliged to unlade their goods, or any part thereof, or to pay any duty, unless they, of their own accord, unlade their goods there, and fell fome part thereof But it fhall be lawful, permiflion having been first obtained from those who have the direction of maritime affairs, to unlade and fell a fmall part of their cargo, merely for the end of purchating neceffaries, either for victualling or refitting the fhip; and in that cafe, the whole lading fhall not be fubject to pay the duties, but that small part only which fhall have been taken out and fold.

Art. XX. It fhall be lawful for all the fubjects of the king of Great Britain, and of the most Christian king, to fail with their fhips, with perfect fecurity and liberty, no diftinction being made who are the proprietors of the merchandizes laden thereon, from any port whatever, to the countries which are now, or fhall be hereafter at war with the king of Great Britain, or 'the most Chriftian king. It fhall likewise be lawful for the aforefaid fubjects to fail and traffic with their fhips and merchandizes, with the fame liberty and fecurity, from the countries, ports, and places of thofe who are enemies of both, or of either party, without any oppofition or difturbance whatfoever, and to pafs directly not only from the places of the enemy aforementioned to neutral places, but alio from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurifdiction of the fame, or of feveral princes. And as it has been ftipulated concerning fhips and goods, that every thing fhall be deemed free, which fhall be found en board the flips belonging to the fubjects of the refpective kingdoms,

although the whole lading, or part thereof, fhould belong to the enemies of their majesties, contraband goods being always excepted, on the stopping of which, fuch proceedings fhall be had as are conformable to the fpirit of the following articles; it is likewife agreed, that the fame liberty be extended to perfons who are on board a free fhip, to the end that, although they be enemies to both, or to either party, they may not be taken out of fuch free fhips, unless they are fold:ers, actually in the fervice of the enemies, and on their voyage for the purpofe of being employed in a military capacity, in their fleets or armies."

Art. XXI. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting thofe only which are fpecified in the following article, and which are defcribed under the name of contraband.

Art. XXII. Under this name of contraband, or prohibited goods, fhall be comprehended arms, cannon, harqucbuffes, mortars, petards, bombs, grenades, fauciffes, carcaffes, carriages for cannon, mufket-refts, bandoleers, gun-powder, match, faltpetre, ball, pikes, fwords, head-pieces, helmets, cutlaffes, halberds, javelins, holtfters, belts, horfes and harnefs, and all other like kinds of arms and warlike implements fit for the use of troops.

Art. XXIII. Thefe merchandizes which follow fhall not be reckoned among contraband goods, that is to fay, all forts of cloth, and all other manufactures of wool, flax, filk, cotton, or any other materials, all kinds of wearing apparel, together with the articles of which they are ufually made, gold, filver, coined or uncoined, tin, iron, lead, copper, brafs, coals, as also wheat and bar.

ley,

ley, and any other kind of corn and pulfe, tobacco, and all kinds of fpices, falted and fmoaked flefh, falted fish, cheese and butter, beer, oil, wines, fugar, all forts of falt, and of provifions which ferve for fuftenance and food to mankind; alfo all kinds of cotton, cordage, cables, fails, failcloth, hemp, tallow, pitch, tar and rolin, anchors, and any parts of anchors, fhipmafts, planks, timber of all kinds of trees, and all other things proper either for building or repairing fhips. Nor fhall any other goods whatever, which have not been worked into the form of any inftrument, or furniture for warlike ufe, by land or by fea, be reputed contraband, much lefs fuch as have been already wrought and made up for any other purpofe. All which things fhall be deemed goods not contraband, as likewife all others which are not comprehended and particularly defcribed in the preceding article; fo that they may be freely carried by the fubjects of both kingdoms, even to places belonging to an enemy, excepting only fuch places as are beficged, blocked up,

or invefted.

Art. XXIV. To the end that all manner of diffenfions and quarrels may be avoided and prevented on both fides, it is agreed, that in cafe either of their majefties fhould be engaged in a war, the fhips and veffels belonging to the fubjects of the other fhall be furnished with fealetters or paffports, expreffing the name, property, and bulk of the fhip, as alfo the name and place of abode of the mafter or commander of the said ship, that it may appear thereby, that the thip really and truly belongs to the fubjects of one of the princes; which paffports fhall be made out and granted, according to the form annexed to the

prefent treaty: they fhalt likewise be renewed every year, if the fhip happens to return home within the fpace of a year. It is alfo agreed, that fuch fhips when laden are to be provided not only with passports as above mentioned, but alfo with certificates containing the feveral particulars of the cargo, the place from whence the fhip failed, and whither fhe is 'bound, fo that it may be known whether the carries any of the prohibited or contraband goods fpecified in the XXIId article of this treaty; which certificates fhall be prepared by the officers of the place from whence the fhip fet fail, in the accustomed form. And if any one fhall think fit to exprefs in the faid certificates the perfon to whom the goods belong, he may freely do fo.

Art. XXV. The fhips belonging to the fubjects and inhabitants of the refpective kingdoms, coming to any of the coafts of either of them, but without being willing to enter into port, or being entered, yet not willing to land their cargoes, or break bulk, fhall not be obliged to give an account of their lading, unless they are fufpected, upon fure evidence, of carrying prohibited goods, called contraband, to the enemies of either of the two high contracting parties.

Art. XXVI. In cafe the fhips belonging to the faid subjects and inhabitants of the refpective dominions of their most ferene majefties, either on the coaft, or on the high feas, fhall meet with any men of war belonging to their most ferene majefties, or with privateers, the faid men of war and privateers, for preventing any inconveniencies, are to remain out of cannon-fhot, and to fend their boats to the merchantfhip which may be met with, and fhall enter her to the number of

two

two or three men only, to whom the master or commander of fuch fhip or vessel shall fhew his passport, containing the proof of the property of the ship, made out according to the form annexed to this prefent treaty; and the fhip which fhall have exhibited the fame, fhall have liberty to continue her voyage, and it shall be wholly unlawful any way to moleft or fearch her, or to chafe or compel her to alter her course.

Art. XXVII. The merchant fhips belonging to the fubjects of either of the two high contracting parties, which intend to go to a port at enmity with the other fovereign, concerning whofe voyage and the fort of goods on board there may be juft caufe of fufpicion, fhall be obliged to exhibit, as well on the high feas as in the ports and havens, not only her paffports, but allo her certificates, expreffing that the goods are not of the kind which are contraband, as fpecified in the XXIId article of this treaty.

Art. XXVIII. If, on exhibiting the above mentioned certificates, containing a list of the cargo, the other party fhould difcover any goods of that kind which are declared contraband, or prohibited, by the XXIId article of this treaty, and which are defigned for a port fubject to his enemies, it fhall be unlawful to break up or open the hatches, chefts, casks, bales, or other veffels found on board fuch fhip or to remove even the fmalleft parcel of the goods, whether the faid ship belongs to the fubjects of the king of Great Britain, or of the most Chriftian king, unless the lading be brought on fhore, in the prefence of the officers of the court of admiralty, and an inventory made by them of the faid goods: nor

fhall it be lawful to fell, exchange, or alienate the fame in any manner, unless after due and lawful procefs fhall have been had againit fuch prohibited goods, and the judges of the admiralty refpectively, fhall, by fentence pronounced, have confifcated the fame; faving always as well the fhip itfelf, as the other goods found therein, which by this treaty are to be accounted free: neither may they be detained on pretence of their being mixed with prohibited goods, much lefs shall they be confifcated as lawful prize : and if, when only part of the cargo fhall confiit of contraband goods, the master of the fhip fhall agree, confent, and offer to deliver them to the captor who has difcovered them, in fuch cafe, the captor having received thofe goods, as lawful prize, fhall forthwith release the fhip, and not hinder her, by any means, from profecuting her voyage to the place of her destination.

Art. XXIX. On the contrary it is agreed, that whatever shall be found to be laden by the fubjects and inhabitants of either party, on any fhip belonging to the enemies of the other, although it be not contraband goods, fhall be confifcated in the fame manner as if it belonged to the enemy himself; except those goods and merchandizes which were put on board such ship before the declaration of war, or the general order for reprifals, or even after fuch declaration, if it were done within the times following; that is to fay, if they were put on board fuch flip in any port or place within the pace of two months after fuch declaration, or order for reprifals between Archangel, St. Pe terfburgh, and the Scilly islands, and between the faid itlands and

the

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