though they be enemies to both, or to either party, they may not be taken out of fuch free fhips, unless they are foldiers, actually in the service of the enemies, and on their voyage for the purpose of being employed in a military capacity, in their fleets or armies.

Art. XXI. This liberty of navigation and commerce fhall extend to all kinds of merchandizes, excepting thofe only which are specified in the following article, and which are described under the name of

contraband.

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

Art. XXIII. These 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 alfo wheat and barley, and any other kind of corn and pulfe, tobacco, and all kinds of fpices, falted and fmoaked flesh, falted fish, cheese and butter, beer, oil, wines, fugar, all forts of falt, and of provifions which ferve for fuftenance and food to mankind; also all kinds of cotton, cordage, cables, fails, failcloth, hemp, tallow,

pitch, tar, and rofin, anchors and any parts of anchors, fhip masts, 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 use, 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 befieged, blocked up, or invested.

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 case 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 fea-letters 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 faid fhip, that it may appear thereby that the fhip really and truly belongs to the fubjects of one of the princes; which paffports shall be made out and granted, according to the form annexed to the prefent treaty: they fhall likewife be renewed every year, if the fhip hap. pens to return home within the space of a year. It is alfo agreed, that fuch fhips when laden are to be provided not only with paffports as above mentioned, but also with certificates containing the several par[S] 2

ticulars

ticulars of the cargo, the place from whence the ship failed, and whither The 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 shall think fit to exprefs in the faid certificates the perfon to whom the goods belong, he may freely do so.

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 fubjects and inhabitants of the respective dominions of their most ferene majesties, 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 or three men only, to whom the master or commander of fuch fhip or veffel fhall fhew his paffport, containing the proof of the property of the fhip, 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 fhall be wholly unlawful any way to moleft or fearch her, or to chafe or compel her to alter her courfe.

Art. XXVII. The merchant-fhips belonging to the subjects 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 just caufe of fufpicion, shall be obliged to exhibit, as well on the high feas as in the ports and havens, not only her paffports, but also her certificates, expreffing that the goods are not of the kind which are contraband, as specified in the XXIId article of this treaty.

Art. XXVIII. If, on exhibiting the above-mentioned certificates, containing a lift of the cargo, the other party fhould discover 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 shall be unlawful to break up or open the hatches, chefts, cafks, bales, or other veffels found on board fuch ship, or to remove even the fmalleft parcel of the goods, whether the faid fhip belongs to the fubjects of the king of Great Britain, or of the Most Chriftian king, unless the lading be brought on thore, 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 against fuch prohibited goods, and the judges of the

admiralty

admiralty refpectively fhall, by fentence pronounced, have confifcated the fame; faving always as well the fhip itself, as the other goods found therein, which by this treaty are to be accounted free: neither may they be detained on pretence of their be ing mixed with prohibited goods, much lefs fhall they be confifcated as lawful prize and if, when only part of the cargo fhall confift of contraband goods, the mafter of the fhip fhall agree, confent, and offer to deliver them to the captor who has difcovered them, in fuch case, 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 fhall 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 con. traband goods, fhall be confifcated in the fame manner as if it belong ed to the enemy himself; except thofe goods and merchandizes which were put on board fuch fhip before the declaration of war, or the general order for reprisals, or even after fuch declaration, if it were done within the times following; that is to fay, if they were put on board fuch fhip in any port or place within the fpace of two months after fuch declaration or order for reprisals, between Archangel, St. Petersburgh, and the Scilly islands, and between the faid iflands and the city of Gibraltar; of ten weeks in the Mediterranean fea; and of eight months in any other country or place in the world; fo that the goods of the fubjects of either prince, whether they

be contraband, or otherwife, which, as aforefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, within the time and limits above-mentioned, fhall no ways be liable to confifcation, but shall well and truly be restored, without delay, to the proprietors demanding the fame; provided neverthelefs, that if the faid merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to the ports belonging to the enemy.

Art. XXX. And that more abundant care may be taken for the security of the respective subjects of their moft ferene majefties, to prevent their fuffering any injury by the men of war or privateers of either party, all the commanders of the fhips of the king of Great Britain, and of the Moft Chriftian king, and all their fubjects, fhall be forbid doing any damage to thofe of the other party, or committing any outrage against them; and if they act to the contrary they shall be punished, and fhall moreover be bound, in their perfons and eftates, to make fatisfaction and reparation for all damages, and the interest thereof, of what nature foever.

Art. XXXI. For this caufe, all commanders of privateers, before they receive their patents or special commiffions, fhall hereafter be obliged to give, before a competent. judge, fufficient fecurity by good bail, who are refponfible men, and have no intereft in the faid ship, each of whom shall be bound in the whole for the fum of thirty-fix thoufand livres Tournois, or fifteen hundred pounds ftcrling; or if fuch fhip be provided with above one hundred and fifty feamen or foldiers,

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for

for the fum of feventy-two thousand livres Tournois, or three thoufand pounds fterling, that they will make entire fatisfaction for all damages and injuries whatsoever, which they, or their officers, or others in their fervice, may commit during their cruize, contrary to the tenor of this prefent treaty, or the edicts made in confequence thereof by their moft ferene majefties, under penalty likewife of having their patents and special commiffions revoked and annulled.

Art. XXXII. Their faid majefties being willing mutually to treat in their dominions the fubjects of each other as favourably as if they were their own fubjects, will give fuch orders as shall be neceffary and effectual, that the judgments and decrees concerning prizes in the courts of admiralty be given conformably to the rules of juftice and equity, and to the ftipulations of this treaty, by judges who are above all fufpicion, and who have no manner of intereft in the cause in difpute.

Art. XXXIII. And when the quality of the fhip, goods, and mafter, fhall fufficiently appear, from fuch paffports and certificates, it fhall not be lawful for the commanders of men of war to exact any further proof under any pretext whatsoever. But if any merchantship shall not be provided with fuch paffports or certificates, then it may be examined by a proper judge, but in fuch manner as, if it fhall be found, from other proofs and documents, that it truly belongs to the fubjects of one of the fovereigns, and does not contain any contraband goods, defigned to be carried to the enemy of the other, it fhall not be liable to confiscation, but

shall be released, together with its cargo, in order to proceed on its voyage.

If the mafter of the fhip named in the paffports fhould happen to die, or be removed by any other cause, and another put in his place, the fhips and goods laden thereon fhall nevertheless be equally fecure, and the paffports fhall remain in full force.

Art. XXXIV. It is further provided and agreed, that the fhips of either of the two nations, retaken by the privateers of the other, fhall be reftored to the former owner, if they have not been in the power of the enemy for the space of four and twenty hours, fubject to the payment, by the faid owner, of one third of the value of the ship retaken, and of its cargo, guns, and apparel; which third part fhall be amicably adjusted by the parties concerned: but if not, and in cafe they fhould difagree, they fhall make application to the officers of the admiralty of the place where the privateer which retook the captured veffel fhall have carried her.

If the ship retaken has been in the power of the enemy above four and twenty hours, fhe fhall wholly belong to the privateer which retook her.

In cafe of a fhip being retaken by any man of war belonging to his Britannic majefty, or to his Moft Chriftian majefty, it fhall be reftored to the former owner, on payment of the thirtieth part of the value of fuch fhip, and of its cargo, guns, and apparel, if it was retaken within the four and twenty hours, and the tenth part if it was retaken after the four and twenty hours; which fums fhall be distributed, as a reward, amongst the crews of the

1

fhips which shall have retaken fuch prize. The valuation of the thirtieth and tenth parts above mentioned fhall be fettled conformably to the regulations in the beginning of this article.

it

Art. XXXV. Whenfoever the ambassadors of either of their faid majesties, or other their minifters having a public character, and refiding at the court of the other prince, fhall complain of the injuftice of the fentences which have been given, their majefties fhall re. spectively cause the fame to be revifed and re-examined in their councils, unless their councils fhould already have decided thereupon, that may appear, with certainty, whether the directions and provifions prescribed in this treaty have been followed and obferved. Their majefties fhall likewife take care that this matter be effectually provided for, and that justice be done to every complainant within the space of three months. However, before or after judgment given, and pending the revifion thereof, it fhall not be lawful to fell the goods in difpute, or to unlade them, unlefs with the confent of the perfons concerned, for preventing any kind of lofs; and laws fhall be enacted on both fides for the execution of the present article.

Art. XXXVI. If any differences fhall arise respecting the legality of prizes, fo that a judicial decifion fhould become neceffary, the judge fhall direct the effects to be unladen, an inventory and appraisement to be made thereof, and fecurity to be required respectively from the captor for paying the cofts, in cafe the fhip fhould not be declared lawful prize; and from the claimant for paying the value of the prize, in

cafe it should be declared lawful; which fecurities being given by both parties, the prize fhall be delivered up to the claimant. But if the claimant fhould refufe to give fuffi cient fecurity, the judge shall direct the prize to be delivered to the captor, after having received from him good and fufficient fecurity for paying the full value of the faid prize, in cafe it fhould be adjudged illegal. Nor fhall the execution of the fentence of the judge be fufpended by reafon of any appeal, when the party against whom fuch appeal fhall be brought, whether claimant or captor, fhall have given fufficient fecurity for reftoring the fhip or effects, or the value of fuch fhip or effects, to the appellant, in cafe judgment should be given in his favour.

Art. XXXVII. In case any ships of war or merchantmen, forced by ftorms or other accidents, be driven on rocks or fhelves, on the coafts of either of the high contracting par ties, and fhould there be dafhed to pieces and fhipwrecked, all fuch parts of the faid fhips, or of the furniture or apparel thereof, as alfo of the goods and merchandizes as shall be faved, or the produce thereof, fhall be faithfully reftored, upon the fame being claimed by the proprietors, or their factors, duly authorized, paying only the expences incurred in the prefervation thereof, according to the rate of falvage settled on both fides; faving at the fame time the rights and customs of each nation, the abolition or modification of which fhall however be treated upon, in the cafes where they fhall be contrary to the ftipulations of the prefent article ; and their majefties will mutually interpofe their authority, that fuch of their fub