jects, as shall be fo inhuman as to take advantage of any such misfortune, may be severely punished.

Art. XXXVIII. It fhall be free for the fubjects of each party to employ fuch advocates, attornies, notaries, folicitors, and factors, as they fhall think fit; to which end the faid advocates and others above mentioned, shall be appointed by the ordinary judges, if it be needful, and the judges be thereunto required.

Art. XXXIX. And for the greater fecurity and liberty of commerce and navigation, it is further agreed, that both the king of Great Britain, and the Moft Christian king, shall not only refufe to receive any pirates or fea-rovers whatsoever into any of their havens, ports, ciues, or towns, or permit any of their fubjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houses, or to affift them in any manner whatsoever; but further they fhall caufe all fuch pirates and fea-rovers, and all perfans who thall receive, conceal, or affist them, to be brought to condign punishment, for a terror and example to others. And all their fhips, with the goods or merchandizes taken by them, and brought into the ports of either kingdom, fhall be feized as far as they can be difcovered, and shall be restored to the owners, or their factors duly authorized or deputed by them in writing, proper evidence being firft given in the court of admiralty, for proving the property, even in cafe fuch effects fhould have pafled into other hands by fale, if it be proved that the buyers knew, or might have known, that they had been piratically taken. And generally all fhips

and merchandizes, of what nature foever, which may be taken on the high feas, shall be brought into fome port of either kingdom, and delivered into the custody of the officers of that port, that they may be reftored entire to the true proprietor, as foon as due and fufficient proof shall have been made concerning the property thereof.

Art. XL. It fhall be lawful, as well for the fhips of war of their majefties, as for privateers belonging to their fubjects, to carry whitherfoever they please the fhips and goods taken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor fhall the faid prizes, when they arrive at and enter the ports of their faid majetties, be detained or feized; neithe fhall the fearchers, or other officers of thofe places, vifit or take cognizance of the validity of fuch prizes; but they shall be at liberty to hoift fail at any time, to depart, and to carry their prizes to the place mentioned in the commiffions or patents, which the commanders of fuch fhips of war fhall be obliged to fhew on the contrary, no fhelter or refuge fhall be given in their ports to fuch as have made prize upon the fubjects of either of their majefties; but if forced by stress of weather, or the dangers of the fea, to enter therein, particular care shall be taken to haften their departure, and to caufe them to retire from thence as foon as poffible, as far as it is not repugnant to former treaties made in this refpect with other sovereigns or states.

Art. XLI. Neither of their faid majefties fhall permit the fhips or goods belonging to the fubjects of the other to be taken within cannon

fhot

Art. XLII. But if it fhall appear that the captor made ufe of any kind of torture upon the mafter of the hip, the crew, or others who fhall be on board any fhip belonging to the fubjects of the other party, in fuch cafe, not only the fhip itself, together with the perfons, merchandizes, and goods whatsoever, fhall be forthwith released, without any delay, and fet entirely free, but also fuch as fhall be convicted of fo enormous a crime, together with their accomplices, fhall fuffer the moft fevere punishment fuitable to their offences: this the king of Great Britain and the Moft Chriftian king mutually engage fhall be obferved, without any refpect of perfons whatfoever.

Art. XLIII. Their majefties fhall respectively be at liberty, for the advantage of their fubjects trading to the kingdoms and dominions of either of them, to appoint therein national confuls, who shall enjoy the right, immunity, and liberty belonging to them, by reafon of their duties and their functions: and places fhall hereafter be agreed upon where the faid confuls fhall be eftablished, as well as the nature and extent of their functions. The con vention relative to this point fhall be concluded immediately after the ignature of the prefent treaty, of which it fhall be deemed to conftitute a part.

Art. XLIV. It is also agreed, that in whatever relates to the lading and unlading of ships, the fafety of merchandize, goods, and effects, the fucceffion to perfonal estates, as well as the protection of individuals, and their perfonal liberty, as alfo the adminiftration of justice, the subjects of the two high contracting parties fhall enjoy in their refpective dominions the fame privileges, liberties, and rights, as the most favoured nation.

Art. XLV. If hereafter it fhall happen, through inadvertency or otherwife, that any infractions or contraventions of the prefent treaty fhould be committed on either fide, the friendship and good under ftanding fhall not immediately thereupon be interrupted; but this treaty fhall fubfift in all its force, and proper remedies fhall be procured for removing the inconveniencies, as likewife for the reparation of the contraventions: and if the fubjects of either kingdom fhall be found guilty thereof, they only fhall be punished and feverely chaftifed.

Art. XLVI. His Britannic majefty and his Moft Chriftian majefty have referved the right of revifing and re-examining the several stipulations of this treaty, after the term of twelve years, to be computed from the day of paffing laws for its execution in Great Britain and Ireland refpectively, to propofe and make fuch alterations as the times and circumftances may have rendered proper or neceffary for the commercial interefts of their respective fubjects: and this revifion is to be completed in the space of twelve months; after which term the prefent treaty fhall be of no effect, but in that event the good harmony and

friendly

invefted us as captain-general of your province by efpecial delega tion, with power to difpofe of all military employments, from the enfign to the colonel inclufively, ferving in the militia or troops with in your jurifdiction.

We cannot but be fenfibly hurt at the aforefaid refolution, fince its effect is to deprive us of a right which has been allowed and fecured to us by the unanimous vote of all the members of the ftate, by appointing us captain-general hereditary of Holland and Weft Friefland. We might here claim the immediate effect of fuch a refolution, which as it had been entered into nem, con. cannot, fuppofing it to be revocable, be cancelled, or even fufpended, without the like unanimity. But what goes fill nearer to our heart, and on which we cannot remain filent, is the motives you are pleased to adduce in fupport of your laft refolution, namely, that it has been taken with a view to obviate our influence as captain-general over the faid troops, and the manner of directing them, which is incompatible with the fafety of your province, and the measures adopted to fecure it.

We might, without failing in what we owe to your noble and great mightineffes, and in as earneft a manner as befits a matter of fuch high importance, that concerns our honour and good name, request you would be pleafed to communicate to us the reasons of the mistrust your noble and great mightineffes entertain of our infiuence and direction of the provincial troops, and then you would find that we have it fufficiently in our power to convince your noble and great mightineffes how groundless

are both your apprehenfions and the malicious hints thrown out by certain perfons, ill-difpofed towards the country and ourselves. But we are perfectly eafy and fecured that nothing can be alledged with truth against us, by which we should have deferved to forfeit the confidence of your noble and great mightineffes. And we can vouch before God, yourfelves, all the citizens of the Netherlands, nay, and before all the world, that in this regard our confcience is perfectly irreproachable. Under pleasure of your noble and great mightineffes, we cannot bur declare, fince our honour, dearer to us than life, ftands impeached, that we cannot remain under fuch a blame and ftigma, refulting from the tokens of diftruft given us by your noble and great mightineffes. and efpecially by your recent resolution, and it is a duty we owe to the race from whence we fpring, to the royal houfe to which we have the honour to be allied, to their high mightineffes, to the refpective provinces to whofe fervice we are bound by the employments we hold by hereditary right, and to ourselves, in fine, to clear ourselves from fuch an afperfion; that, conscious of our innocence, from any failure of our plighted faith to your noble and great mightineffes, as well as to the provinces of Holland and Weft Friefland, by the oath taken by us as ftadtholder, governor, captaingeneral, and hereditary admiral of your province, when we undertook to act in thofe capacities; we are juftified in fuppofing that nothing pofitive hath been laid to our charge, and that all the steps taken against us are merely the refult of fome members of your affembly having too readily lent an ear to the reports

of