though they be enemies to both, or to either party, they may not be taken out of fuch free thips, unless they are foldiers, actually in the fervice 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, except ing 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, thall be comprehended arms, cannon, harquebuffes, mortars, petards, bombs, granades, 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; alfo all kinds of cotton, cordage, cables, fails, failcloth, hemp, tallow, pitch,

tar, and rofin, anchors and any parts of anchors, fhips natts, 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 less fuch as have been already wrought and made up for any other purpose. All which things thall 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 besieged, blocked up, or invefted.

Art. XXIV. To the end that all manner of diffentions 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 hips and vellels belonging to the fubjects of the other fhall be furnished with fea-letters or paffports, exprefling 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 thip really and truly belongs to the fubjects of one of the princes; with passports fhall be made out and granted, according to the form annexed to the prefent treaty: they fhall likewife 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 palports as above mentioned, but alfo with certificates containing the feveral par[S] 2

ticulars

ticulars of the cargo, the place from whence the fhip failed, and whither the is bound, fo that it may be known whether the carries any of the prohibited or contraband goods Specified 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 express 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 landing, unlefs 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 refpective dominions of their moft ferene majetties, either on the coaft or on the high feas, fhall meet with any men of war belonging to their moft ferene majefties, or with privateers, the frid men of war and privateers, for preventing any inconveniences, are to remain out of cannon-fhot, and to fend their boats to the merchant-fhip which may be met with, and fhall enter her to the number of two or three men only, to whom the mafter or commander of fuch fhip or veffel fhall fhew his paffport, containing the proof of the property of the fhip, made out accordAug to the form annexed to this pre

fent 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 course.

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 juft cause of fufpicion, fhall be obliged to exhibit, as well on the high feas as in the ports and havens, not only her palports, but also 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 lift 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 subject to his enemies, it fhall be unlawful to break up or open the hatches, chefts, cafks, bales, or other veffels found on board fuch fhip, or to remove even the fmalleft parcel of the goods, whether the faid thip belongs to the fubjects of the king of Great Britain, or of the Mott Chriftian king, unless the landing 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 thall 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 being mixed with prohibited goods, much lefs fhall they be confiicated 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 cafe, the captor having received those 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 deftination.

Art. XXIX. On the contrary it is agreed, that whatever thall 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 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 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 thip in any port or place within the space of two months after fuch declaration or order for reprisals, between Archangel, St. Petersburgh, and the Scilly iflands, and between the faid islands 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, thall no ways be liable to confiscation, But fhall well and truly be reftored, without delay, to the proprietors demanding the fame; provided nevertheless, that if the faid merchandizes be contraband, it fhall 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 fe curity 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 subjects, shall be for bid 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 thall 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 fpecial commiffions, thall 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 fhip, each of whom shall be bound in the whole for the fum of thirty-fix thoufand livres Tournois, or fifteen hundred pounds fterling; or if fuch thip be provided with above one hundred and fifty teamen or foldiers,"

[S] 3

for

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 fhall be neceflary 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 merchantfhip fhall not be provided with fuch pailports 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 confifcation, but

If the mafter of the ship named in the paffports fhould happen to die, or be removed by any other caufe, and another put in his place, the fhips and goods laden thereon thall nevertheleis be equally secure, and the paffports fhall remain in full force.

Art. XXXIV. It is further provided and agreed, that the thips of either of the two nations, retaken by the privateers of the other, fhall be refiored to the former owner, if they have not been in the power of the enemy for the fpace of four and twenty hours, fubject to the payment, by the faid owner, of one third of the value of the fhip retaken, and of its cargo, guns, and apparel; which third part shall be amicably adjufted 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 hip retaken has been in the power of the enemy above four and twenty hours, the fhall wholly belong to the privateer which retook her.

In case of a ship being retaken by any man of war belonging to his Britannic majefty, or to his Moft Chriftian Majefiy, 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 diftributed, as a reward, amongst the crews of the

hips which fhall 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.

Art. XXXV. Whenfoever the ambaffadors of either of their faid majefties, or other their minifters having a public character, and refiding at the court of the other prince, thall complain of the injuftice of the fentences which have been given, their majefties fhall refpectively caufe the fame to be revifed and re-examined in their councils, unless their councils fhould already have decided thereupon, that it may appear, with certainty, whether the directions and provifions prefcribed in this treaty have been followed and obferved. Their majefties fhall likewife take care that this matter be effectually provided for, and that juftice 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, unless with the confent of the perfons concerned, for preventing any kind of lofs; and laws thall be enacted on both fides for the execution of the prefent article.

Art. XXXVI. If any differences hall arife refpecting the legality of prizes, fo that a judicial decifion fhould become neceifary, 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

case 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 fufficient fecurity, the judge fhall 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 thall be brought, whether claimant or captor, fhall have given fufficient fecurity for reftoring the ship or effects, or the value of fuch thip or effects, to the appellant, in cafe judgment fhould be given in his fa

vour.

Art. XXXVII. In cafe any fhips 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 parties, and fhould there be dashed to pieces and fhipwrecked, all' fuch parts of the faid fhips, or of the furniture or apparel thereof, as also of the goods and merchandizes as fhall be faved, or the produce thereof, fhall be faithfully reftored, upon the fame being claimed by the propri etors, or their factors, duly authorized, paying only the expences incurred in the prefervation thereof, according to the rate of falvage fettled on both fides; faving at the fame time the rights and customs of each nation, the abolition or modification of which thall 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