the above tariff, contrary to the principles on which it is founded, the two Sovereigns will concert together with good faith upon the means of rectifying them.

Art. 7. The duties above specified are not to be altered but by mutual consent; and the merchandizes not above specified shall pay, in the dominions of the two Sovereigns, the import and export duties payable in each of the said dominions by the most favoured European nations, at the time the present treaty bears date; and the ships belonging to the subjects of the said dominions shall also respectively enjoy therein all the privileges and advantages which are granted to those of the most favoured European nations.

And it being the intention of the two high contracting parties, that their respective subjects should be in the dominions of each other, upon a footing as advantageous as those of other European nations, they agree that, in case they shall hereafter grant any additional advantages in navigation or trade to any other European nation, they will reciprocally allow their said subjects to participate therein, without prejudice however to the advantages which they reserve, viz. France, in favour of Spain, in consequence of the 24th Article of the family compact, signed the 10th of May, 1761; and England according to what she has practised in conformity to, and in consequence of the Convention of 1703, between England and Portugal.

And to the end that every person may know with certainty the state of the aforesaid imposts, customs, import and export duties, whatever they may be, it is agreed that tariffs, indicating the imposts, customs, and established duties, shall be affixed in public places, as well in Rouen and the other tråding cities of France, as in London and the other trading cities under the dominion of the King of Great Britain, that recourse may be had to them whenever any difference shall arise concerning such imposts, customs, and duties, which shall not be levied otherwise than in conformity to what is clearly expressed in the said tariffs, and according to their natural construction. And if any officer, or other person in his name, shall, under any pretence, publicly or privately, directly or indirectly, demand or take of a merchant, or of any other person, any sum of money, or any thing else, on account of duties, impost, search, or compensation, although it be under the name of a free gift, or under any other pre

tence, more or otherwise than what is above prescribed; in such case, the said officer, or his deputy, if he be accused and convicted of the same before a competent judge, in the place where the crime was committed, shall give full satisfaction to the injured party, and shall likewise suffer the penalty prescribed by the laws.

Art. 8. No merchandize exported from the countries respectively under the dominion of their Majesties shall hereafter be subject to be inspected or confiscated, under any pretence of fraud or defect in making or working them, or of any other imperfection whatsoever; but absolute freedom shall be allowed to the buyer and seller to bargain and fix the price for the same, as they shall see good; any law, statute, edict, proclamation, privilege, grant, or custom to the contrary notwithstanding.

Art. 9. Whereas several kinds of merchandizes, which are usually contained in casks, chests, or other cases, and for which the duties are paid by weight, will be exported from and imported into France by British subjects; it is agreed that, in such case, the aforesaid duties shall be demanded only according to the real weight of the merchandizes; and the weight of the casks, chests, and other cases whatever, shall be deducted, in the same manner as has been and is now practised in England.

Art. 10. It is further agreed, that if any mistake or error shall be committed by any master of a ship, his interpreter or factor, or by others employed by him, in making the entry or declaration of her cargo, neither the ship nor the cargo, for such defect, shall be subject to confiscation; but it shall be lawful for the proprietors to take back again such goods as were omitted in the entry or declaration of the master of the ship, paying only the accustomed duties according to the pancart; provided always that there be no manifest appearance of fraud. Neither shall the merchants, or the masters of ships, or the merchandize, be subject to any penalties by reason of such omission, in case the goods omitted in the declaration shall not have been landed before the declaration has been made.

Art. 11. In case either of the two high contracting parties shall think proper to establish prohibitions, or to augment the import duties upon any goods or mer chandize of the growth or manufacture

of the other, which are not specified in the tariff, such prohibitions or augmentations shall be general, and shall comprehend the like goods and merchandizes of the other most favoured European nations, as well as those of either state and in case either of the two contracting parties shall revoke the prohibitions, or diminish the duties, in favour of any other European nation, upon any goods or merchandize of its growth or manufacture, whether on importation or exportation, such revocations or diminutions shall be extended to the subjects of the other party, on condition that the latter shall grant to the subjects of the former the importation and exportation of the like goods and merchandizes under the same duties; the cases reserved in the 7th article of the present treaty always excepted. Art. 12. And forasmuch as a certain usage, not authorized by any law, has formerly obtained in divers parts of Great Britain and France, by which French subjects have paid in England a kind of capitation tax, called in the language of that country head money; and English subjects a like duty in France, called argent du chef;' it is agreed that the said impost shall not be demanded for the future, on either side, neither under the ancient name, nor under any other name whatso

ever.

Art. 13. If either of the high contracting parties has granted, or shall grant, any bounties for encouraging the exportation of any articles, being of the growth, produce, or manufacture of his dominions, the other party shall be allowed to add to the duties already imposed, by virtue of the present treaty, on the said goods and merchandizes, imported into his dominions, such an import duty as shall be equivalent to the said bounty. But this stipulation is not to extend to the cases of restitutions of duties and imposts (called drawbacks) which are allowed upon exportation.

Art. 14. The advantages granted by the present treaty to the subjects of his Britannic Majesty shall take effect, as far as relates to the kingdom of Great Britain, as soon as laws shall be passed there for securing to the subjects of his Most Christian Majesty the reciprocal enjoyment of the advantages which are granted to them by the present treaty. And the advan. tages granted by all these articles, except the tariff, shall take effect, with regard to the kingdom of Ireland, as soon as laws shall be passed there, for securing to the [VOL. XXVI.]

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 said kingdom, as soon as laws shall be passed there for giving effect to the said tariff.

Art. 15. It is agreed, that ships belonging to his Britannic Majesty's subjects, arriving in the dominions of his Most Christian Majesty from the ports of Great Britain or Ireland, or from any other foreign port, shall not pay freight duty, or any other like duty. In the same manner French ships shall be exempted, in the dominions of his Britannic Majesty, from the duty of 5s. and from every other similar duty or charge.

Art. 16. It shall not be lawful for any foreign privateers, not being subjects: of either Crown, who have commissions from any other prince or state, in enmity with either nation, to arm their ships in the ports of either of the said two kingdoms, to sell what they have taken, or in any other manner whatever to exchange the same; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the nearest port of that prince from whom they have obtained commissions.

Art. 17. When any dispute shall arise between any commander of a ship and his seamen, in the ports of either kingdom, concerning wages due to the said seamen, or other civil causes whatever, the magistrate of the place shall require no more from the person accused, than that he give to the accuser a declaration in writing witnessed by the magistrate, whereby he shall be bound to answer that matter before a competent judge in his own country; which being done, it shall not be lawful either for the seamen to desert their ship, or to hinder the commander from prosecuting his voyage. It shall moreover be lawful for the merchants in the places of their abode, or elsewhere, to keep books of their accounts and affairs, as they shall think fit, and to have an intercourse of letters, in such language or idiom as they shall choose, without any molestation or search whatsoever. But if it should happen to be necessary for them to produce their books of accounts for deciding any dispute or controversy, in such case they shall be obliged to bring into court the entire books or writings, but so as the judge may not have liberty [R]

or prohibited goods, shall be comprehended arms, cannon, harquebusses, mortars, petards, bombs, grenades, saucisses, carcasses, carriages for cannon, musket-rests, bandoleers, gunpowder, match, saltpetre, ball, pikes, swords, head-pieces, helmets, cuirasses, halberds, javelins, holsters, belts, horses and harness, and all other like kinds of arms and warlike implements fit for the use of troops.

Art. 23. These merchandizes which follow shall not be reckoned among contraband goods, that is to say, all sorts of cloth, and all other manufactures of wool, flax, silk, cotton, or any other materials, all kinds of wearing-apparel, together with the articles of which they are usually made, gold, silver, coined or uncoined, tin, iron, lead, copper, brass, coals, as also wheat and barley, and any other kind of corn and pulse, tobacco, and all kinds of spices, salted and smoaked flesh, salted fish, cheese and butter, beer, oil, wines, sugar, all sorts of salt, and of provisions which serve for sustenance and food to mankind; also all kinds of cotton, cordage, cables, sails, sailcioth, hemp, tallow, pitch, tar, and rosin, anchors, and any parts of anchors, ship-masts, planks, timber of all kinds of trees, and all other things proper either for building or repairing ships, Nor shall any other goods whatever, which have not been worked into the form of any instrument, or furniture for warlike use, by land or by sea, be reputed contraband, much less such as have been already wrought and made up for any other purpose. All which things shall be deemed goods not contraband, as likewise all others which are not comprehended and particularly described in the preceding article; so that they may be freely carried by the subjects of both kingdoms, even to places belonging to an enemy, excepting only such places as are besieged, blocked up, or invested.

Art. 24. To the end that all manner of dissensions and quarrels may be avoided and prevented, on both sides, it is agreed, that in case either of their Majesties should be engaged in war, the ships and vessels belonging to the subjects of the other shall be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of abode of the master or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the princes; which passports shall be made out and granted,

according to the form annexed to the present treaty: they shall likewise be renewed every year, if the ship happens to return home within the space of a year. It is also agreed, that such ships when laden are to be provided not only with passports as above mentioned, but also with certificates containing the several particulars of the cargo, the place from whence the ship sailed, and whither she is bound, so that it may be known whether she carries any of the prohibited or contraband goods specified in the 22nd article of this treaty; which certificates shall be prepared by the officers of the place from whence the ship set sail, in the accustomed form. And if any one shall think fit to express in the said certificates the person to whom the goods belong, he may freely do so.

Art. 25. The ships belonging to the subjects and inhabitants of the respective kingdoms, coming to any of the coasts of either of them, but without being willing to enter into port, or, being entered, not willing to land their cargoes or break bulk, shall not be obliged to give an account of their lading, unless there are clear grounds of suspicion of their carrying prohibited goods, called contraband, to the enemies of either of the two high contracting parties.

Art. 26. In case the ships belonging to the said subjects and inhabitants of the respective dominions of their most serene Majesties, either on the coast or on the high seas, shall meet with any men of war belonging to their most serene Majesties, or with privateers, the said men of war and privateers, for preventing any inconveniencies, are to remain out of cannon shot, and to send their boats to the merchant ship which may be met with, and

shall enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall show his passport, containing the proof of the property of the ship, made out according to the form annexed to this present treaty; and the ship which shall have exhibited the same shall have liberty to continue her voyage, and it shall be wholly unlawful any way to molest or search her, or to chase or compel her to alter her course.

Art. 27. The merchant ships belonging to the subjects of either of the two high contracting parties, which intend to go to a port at enmity with the other Sovereign, concerning whose voyage, and the sort of

goods on board, there may be just cause of suspicion, shall be obliged to exhibit, as well on the high seas as in the ports and havens, not only her passports, but also her certificates, expressing that the goods are not of the kind which are contraband, as specified in the 22nd article of this treaty.

Art. 28. If, on exhibiting the abovementioned certificates, containing a list of the cargo, the other party should discover any goods of that kind which are declared contraband, or prohibited, by the 22nd article of this treaty, and which are designed for a port subject to his enemies, it shall be unlawful to break up or open the hatches, chests, casks, bales, or other vessels found on board such ship, or to remove even the smallest parcel of the goods, whether the said ship belongs to the subjects of the King of Great Britain or of the Most Christian King, unless the lading be brought on shore, in the presence of the officers of the court of Admiralty, and an inventory made by them of the said goods: nor shall it be lawful to sell, exchange, or alienate the same in any manner, unless after due and lawful process shall have been had against such prohibited goods, and the judges of the Admiralty respectively shall, by sentence pronounced, have confiscated the same, saving always as well the ship 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 less shall they be confiscated as lawful prize: and if when only part of the cargo shall consist of contraband goods, the master of the ship shall agree, consent, and offer to deliver them to the captor who has discovered them, in such case the captor, having received those goods as lawful prize, shall forthwith release the ship, and not hinder, by any means, from prosecuting her voyage to the place of her destination.

Art. 29. On the contrary it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of either, although it be not contraband goods, shall be confiscated in the same 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 reprisals, or even after such declaration, if it were done within the

times following; that is to say, if they were put on board such ship in any port or place, within the space of two months after such declaration, or order for reprisals, between Archangel, St. Petersburgh, and the Scilly Islands, and between the said islands and the city of Gibraltar; of ten weeks in the Mediterranean sea; and of eight months in any other country or place in the world; so that the goods of the subjects of either Prince, whether they be contraband, or otherwise, which, as aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of the same, within the time and limits above mentioned, shall no ways be liable to confiscation, but shall well and truly be restored, without delay, to the proprietors demanding the same provided, nevertheless, that, if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to the ports belonging to the enemy.

Art. 30. And that more abundant care may be taken for the security of the respective subjects of their most serene Majesties, to prevent their suffering any injury by the men of war or privateers of either party, all the commanders of the ships of the King of Great Britain, and of the Most Christian King, and all their subjects, shall be forbid doing any damage to those of the other party, or committing any outrage against them; and if they act to the contrary they shall be punished, and shall moreover be bound, in their persons and estates, to make satisfaction and reparation for all damages, and the interest thereof, of what nature soever.

Art. 31. For this cause all commanders of privateers, before they receive their patents or special commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by good bail, who are responsible men, and have no interest in the said ship, each of whom shall be bound in the whole for the sum of 36,000 livres Tournois, or 1,500l. sterling; or if such ship be provided with above 150 seamen or soldiers, for the sum of 72,000 livres Tournois, or 3,000l. sterling, that they will make entire satisfaction for all damages and injuries whatsoever, which they, or their officers, or others in their service, may commit during their cruize, contrary to the tenor of this present treaty, or the edicts made in consequence thereof by their most serene Majesties, under penalty likewise of having