THE TREATY AND ALLIANCE Between the COMMISSIONERS of the most Christian King OF FRANCE and NAVARRE, On One Part, AND THE EXTRAORDINARY AMBASSADORS Of the STATES GENERAL Of the Ʋnited-Provinces of the Low-Countries On the Other.

Concluded and Signed at Paris the 27. April 1662.

London, Printed in the Year. 1662.

The Treaty and Alliance, &c.

THe affection, which the most Christian King hath al­waies had for the good and prosperity of the State of the united Provinces of the low Countries, following the Example of the Kings his Predecessors; and the passion; which the Lords the States General of the said Pro­vinces have alwayes preserved for the Grandeur of France, together with the sentiments of acknowledgment for the considerable obligations and advantages, they have recei­ved from thence, have in such a manner maintained the good Understanding between His Majesty and the said Lords States, and such a free and perfect Correspondence between their Subjects for many years passed, that it might be ho­ped, that the same would be continued by it self, without need of confirming the precedent Confederations by any new Treaty: yet notwithstanding, since His Majesty will omit nothing of what may strengthen and perpetuate the Ancient Bond, and the said Lords the States General wish to make it straighter, having for that end besought his said Majesty by their extraordinary Ambassadors for a renovati­on of Alliance, to the maintaining of the Peace, which his Majesty and the said Lords States have at present with all Potentates and States of Europe, and to the regulating the Interests of particular Subjects of the one and the other, as to commerce, Navigation and Sea affairs, by such Laws and Conventions, as are most proper to prevent all Inconveni­ences, that might alter the good Correspondence; the Lords, John Baron of Gent, Lord of Osterweed, Lieutenant of the Fiefs and Primat of the Country of Foquement; Con­rard of Buningen, Counsellour of the City of Amsterdam, Justus Huybert Counsellour and Pensionary of the City of [Page 2] Zricksee, and William Borreel Baron of Ʋrenhove, Ʋrendie, Lord of [...]tel and, Duinb [...]ke and [...]ere [...]m, &c▪ Extraordina­ry Ambassadors of the said Lords States of the united Pro­vinces of the low Countries, have to this effect exhibited to the Ministers of His Majesty their powers, whereof a Copy is here beneath inserted, for the Negotiation and conclu­sion of the said Alliance; whereupon His Majesty having been pleased to nominate my Lord Peter Seguier Count of Gien, Duke of Villemur, Peer and Chancellor of France, and the Lords, Nicholas of Neufville, Duke of Villeroy, Peer and Marshall of France, Knight of His Majesties Orders, and Chief of the Counsel Royal of the Exchequer, Henry August of Lomenie, Count of Brienne and Montbrun, and Michel Tellier Marquess of Louvoy, Lord of Chavigny, both Counsellors, Ministers and Secretaries of State and of his Majesties Commands, and Commanders of his Orders; Huge of Lionne Marquess of Fresne, Lord of Berny, and also Counsellor and Minister of State, and Commander of the said Orders, and Louys Henry of Lomenie, Count of Brienne, and Baron of Pongy, Counsellor also and Secre­tary of State and of His Majesties Commands, and John Baptista Colbert, Counsellor of His Majestie in all his Counsels, and Intendant of his Treasury, for Commissi­oners on his part, with power. (whereof they have pre­sented the original, and whereof a Copy is here beneath transcribed) to confer and treat concerning the said Alli­ance, and to conclude it with the said Ambassadors: It hath been agreed upon between the said Lords Commissioners in the Name of His Majesty on one part, and the said Lords Plempotentiaries of the Lords the States General on the o­ther, as follows:

I.There shall henceforth be between the King and His Successors Kings of France and Navarre and his Kingdoms on one part, and the Lords the States General of the uni­ted Provinces of the low Countries, and their States and [Page 3] lands appertaining and their Subjects on the other, recipro­cally a sincere, firm and perpetual Amity and good Cor­respondence, as well by sea as by land, in all things, and every where, as well without as within Europe.

II. Moreover, there shall be between His Majesty and his Successors Kings of France, and his Kingdoms, and the said Lords States General and their States and Lands apper­taining, a straight Alliance and faithfull Confederation, to maintain and preserve mutually one another in the tranquillity, peace, Amity and Neutrality by Sea and Land, and in the possession of all the Rights, Franchises and Li­berties, which they enjoy or have right to enjoy, whether they are acquired to them, or may be acquired by them, by the Treaties of Peace, Amity and Neutrality, that have been formerly made, and that may be hereafter made joyntly and by a common Concert of the other Kings, Republicks, Princes and Towns, yet all within the extent of Europe only.

III. And so they promise and oblige themselves to warrant to one another not only all the Treaties, which His Maje­sty, and the said Lords the States General have already made with other Kings, Republicks, Princes and States, which are to be exhibited from both sides before the ex­change of the Ratifications; but also all those, they may hereafter make joyntly and with common endeavours; and to defend, assist and keep one another reciprocally in the possession of the Lands and places, that belong at the pre­sent, and that hereafter shall belong as well to His Majesty and his Successors Kings of France, as to the said Lords the States General, by the said Treaties, or within which the said States General have their Garrisons, in what part of Europe soever the said Lands, Towns and places be situa­ted, [Page 4] in case that in all, what hath been before mentioned, His Majesty and the said Lords the States General come to be troubled or attackt by any hostility or open War.

IV. The reciprocal Obligation of mutual assistance and de­fence is also understood for the preserving and maintaining His said Majesty, and the Lords States General, their Coun­tries and Subjects, in all their Rights, Possessions, Immuni­ties and Liberties, as well of Navigation, as of Trade and Fishing, and others whatsoever, by sea and by Land, which shall be found to appertain unto them by common Right, or to be acquired by Treaties made or to be made in the manner abovementioned, towards and against all Kings, Princes, Republicks or other Soveraign States, in this sort, that if to the prejudice of the said tranquility, peace, amity and neutrality, present or future, His Majesty or the said Lords the States General, come to be hereafter attackt, or in any other way whatsoever troubled in the possession and enjoyment of the States, Lands, Towns, Places, Rights, Immunities and Liberties of Trade, Navigation, Fishing, or others whatsoever, which His Majesty or the said Lords the States General do at the present enjoy or shall have Right to enjoy, either by Common Right, or by the Trea­ties already made or that may be made, as above, His Ma­jesty and the said Lords the States General, being adver­tised of it and required one of the other, shall joyntly do what possibly they can, to make the trouble and hostility cease, and to repair the wrongs or injuries, that may have been done to either of the Allies.

V. And in case the said attacking or trouble be followed by an open rupture, He of the two Allies, that shall not be attackt, shall be obliged to break, four moneths after the first requiring made by him, who shall be in a rupture already: [Page 5] during which time He shall use all endeavours by his Am­bassadors or other Ministers to mediate an equitable Ac­commodation between the Assaylant or Disturber, and the Assailed or troubled; and yet notwithstanding shall give, during the said time, a puissant succour to his Ally, such as shall be agreed upon by separate Articles between His Majesty and the said Lords the States General, which, though no mention be made of them in the present Treaty, shall be kept and observed, as if they were there inserted or written; it remaining notwithstanding, after the said time of four moneths expired, at the choice of him of the Allies, that shall be in rupture, to continue to enjoy of the fruit of the same succours, in case the conjuncture of the time and the constitntion of his affairs might make him to prefer the effect thereof before the open rupture of his Ally.

VI. The reciprocal Warranties being in this manner established and promised, when one of the Allies shall be attackt or troubled, if the State of the united Provinces should come so to be, and should find themselves obliged to enter into open War, His Majesty shall likewise be obliged to break with the Aggressour or Troubler, and to employ all his power and all his forces, when it shall be judged fit, to re­duce the Common Enemy to an honest safe and equitable Accommodation with France and the said united Provinces.

VII. And in this case, the Forces of His Most-Christian Maje­sty and of the said Lords the States General, shall act joyntly or separately according to what shall be then more particu­larly agreed upon between His said Majesty, and the said Lords the States General, who are to advise and resolve to­gether about the most proper means to discommode the common Enemy, by way of diversion or otherwise, to the [Page 6] end, as hath been said, the sooner to reduce him to an Ac­commodation.

VIII. The like to what is contained in the two immediately preceding Articles, shall be done by the said Lords the States, in case France be attackt or troubled in the manner above mentioned.

IX. When once open War shall be found with the two Allyes, according to the present Treaty, there may not afterwards, by either of the two Allyes, be made any suspension of arms with Him, that shall have been declared and owned a com­mon enemy, but joyntly and with common consent.

X. But if it fall out, that a negotiation be entred upon, for the treating of peace or truce of some years, the same shall not be begun by one of the Allyes without the participation of the other, and without procuring for him and at the same time, when for himself, the power and security required and neces­sary to send his Ministers to the place of the said Treaty; and without giving successively from time to time a communica­tion of all that shall pass in the said negotiation, and neither one nor the other shall pass to the conclusion of the said peace or truce, without comprehending his Ally and making him to be restored, if he so desire it, into the possession of the Coun­tries, Lands and Places, and enjoyments of the Rights and Immunities, which he held and enjoyed before the War; and without stipulating from the common Enemy for the Ally the same immunities, exemptions and other prerogatives, as for himself, unlesse the Allyes agree about it other­wise.

[Page 7] XI. It shall be permitted to Him of the Allyes, that shall be attackt, to Leavy all sorts of Soldiers and Marriners, within the State of the other Alley, yet so that it be done in due form, and that it may be done without a considerable pre­judice of him, in whose State the said Leavies shall be made.

XII. If there should fall out by inadvertency, or otherwise, some non-observations or contraventions to the present Treaty from his said Majesty, or the said Lords the States General, and their Successors, or others, that shall also hereafter have entred into this Alliance, it shall nevertheless subsist in its whole force, without coming for that cause to a rupture of the Confederation, Amity and good Correspon­dence, but the said contreventions are presently to be re­paired, and if they proceed from the fault of some particu­lar Subjects, they alone shall be punished and Chastised for it.

XIII. And the better to assure for the future the Commerce and Friendship between the Subjects of the said King, and the said Lords the States General of the United Provinces of the low Countries, it hath been accorded and agreed up­on, that in case hereafter there fall out an interruption of Amity or a Rupture between the Crown of France and the said Lords the States of the United Provinces of the low Countries (which God forbid) there shall alwayes be six Moneths time, after the said Rupture, given to the Subjects of either side to withdraw themselves with their Estates, and to transport them where they shall think fit: which shall be permitted them to do; as also to sell and transport [Page 8] their Goods and Moveables with all freedom, without any bodies power to give them any hindrance, or to proceed, du­ring that time of six moneths, to the making of any sei­zure of their Estates, and less to the arresting of their per­sons.

XIV. And forasmuch as His Majesty and the said Lords the States are at the present in Peace and good Correspondence with all the Kings, Republicks, Princes and States of Eu­rope, they have thought fit expresly to declare, that they understand not, that this Allyance obliges them to break at the present or to enter into War with any of the said Kings, Republicks, Princes and States.

XV. In vertue of the present Alliance, as well his Majesty, as the Lords the States General, shall faithfully procure and advance the good and prosperity of one another, by all support, aid, Counsels and real assistances, upon all oc­casions, and at all times, and they shall not consent to any Treaties or Negotiations, that may bring dammage to one or the other, but shall break and divert them, and give reciprocally with care and sincerity notice of them as soon as they shall know of it.

XVI. The Subjects of his said Majesty, and those of the said Lords the States General, shall not exercise any kind of hostility, nor violence, for the time to come, one against the other, as well at Sea as Land, or upon the Rivers, Roads and sweet waters, under what name or pretence so­ever. And so likewise the Subjects of his Majesty shall not have power to take any Commissions for being private Men of War, or Letters of Mart, from Princes or States, that [Page 9] are Enemies of the said Lords the States General, much less to trouble or any way annoy them by vertue of such Commissions, or Letters of Mart, nor so much as go out with them, under pain to be pursued and punished like Pyrats. Which shall reciprocally be observed by the Subjects of the United Provinces in reference to the Subjects of his Majesty: and to this end, as often as it shall be required, by either part, there shall be in the Territories under His Ma­jesties Obedience, and in the United Provinces, most ex­press and most strict [...] prohibitions published and renewed, by no means to use such Commissions or Letters of Mart, un­der the before-mentioned pain, which shall be severely executed against all Offenders herein, besides the entire re­stitution and reparation, to which they shall be obliged to­wards those, to whom they have caused any damage.

XVII. All Letters of Mart, that heretofore may have been granted for what cause soever, are delared null, and there shall hereafter none of them be given by either of the said Allies to the prejudice of the Subjects of the other, unless it only be in case of manifest denyal of Justice, which shall not be counted to be verified, if the request of him that demands the said letters of Mart, be not communicated to the Mini­ster, that shall be found upon the place of that State, against whose subjects they should be given, to the end that within the terme of four Moneths, or sooner, if possible, he may inform of the contrary, or procure the fulfilling of Justice, that shall be due.

XVIII. Neither shall the particular Subjects of His Majesty be sued or arrested in their Persons and Goods for any thing, that His Majesty may owe; nor the particular Subjects of the said Lords the States General, for the publick debts of the said States.

[Page 10] XIX. The Subjects and Inhabitants of the Countries under the Obedience of His Majesty, and the said Lords the States Ge­neral, shall live, Converse and frequent one with the o­thers in all good Amity and Correspondence, and shall en­joy amongst them the liberty of Commerce and of Navi­gation in Europe, in all the limits of the States of either, of all sorts of Merchandises and Commodities, whereof the trading and transportation is not generally and universal­ly prohibited to all, as well Subjects as strangers, by the Laws and Ordinances of the States of either.

XX. And to this effect, the Subjects of His Majesty and those of the said Lords the States General may freely frequent with their Commodities and Ships, the Countries, Terri­tories, Towns, Ports, Places and Rivers, of either State, to carry and to sell there to all Persons indifferently, to buy, Traffick, and transport all sorts of Wares and Commodi­ties, whereof the coming in or going out and transporting shall not be forbidden to all Subjects of His Majesty or of the said Lords the States General, without that this re­ciprocal freedom shall be limited and restrained by any Pri­viledge, Grant, or other particular Concession; excepting only Oyls of Whales, which the Subjects of the said Lords the States General shall not carry and sell in France, to the prejudice of the Priviledge granted to the Company established for the catching of Whales and the selling of the said Oyls, as long the time, expressed in the said Pri­viledge, by the King already given, shall last: In the mean­while, the Subjects of either shall notwithstanding pay all what is due by Custome, and other impositions, that may be laid on by His Majesty and his Successors, or by the said Lords the States General, within the Countries under their Obedience in Europe, without that the said Subjects [Page 11] of either side shall be obliged to pay greater or other dues, Charges, Customs or Impositions whatsoever upon their Persons, Goods, Commodities, Ships or Fraights thereof, directly or indirectly, under what Name, Title or pretext whatsoever, than those, that shall be paid by the proper and natural Subjects of either.

XXI. The ships of War of either, shall alwayes find the Roads, Rivers, Ports and Havens, free and open to enter, go out, and ride at Ancher as long as they shall need it, without being visited; yet with this condition, that they shall with discretion cease to do so, and shall not give any cause of Jealousie by a too long and affected stay, nor otherwise, to the Governors of the said places and Ports, to whom the Captains of the said ships shall give notice of the cause of their arrival and of their stay.

XXII. The ships of War of His Majesty, and of the said Lords the States General and those of their Subjects, that shall have been armed as Men of War, shall with all freedom carry the prises, they shall have taken from their Ene­mies, whither they shall think good, without being obli­ged to any dues either by the Admirals, or the Admiralty, or any others: without also that the said ships or the said Prises, entring into the Havens or Ports of his Majesty, or of the said Lords the States General, may be arrested or seised upon, nor that the Officers of the places shall take notice of what the prises are worth, which may go out and be most freely brought to the places expressed in the Commissions, which the Captains of the said ships of War shall be obliged to shew: And, on the contrary, there shall not be given any refuge or retreat in their Havens or Ports to th [...]se, that shall have taken prises from the said Subjects of His Majesty, or from the said Lords the States General; [Page 12] but being therein entred by necessity of storm or danger at sea, they are to be sent away as soon as it shall be possible.

XXIII. The subjects of the said Lords the States General shall not be reputed Aubains in France, and shall be exempt from the law of Aubaine, and have power to dispose of their goods by Testament, Donation or otherwise, and their Heirs, sub­jects of the said States, being in France as well as elsewhere, shall obtain their successions, even ab intestato, though they have not got any letters of Naturalization, without that the effect of this Graunt shall be contested with them, or they hindred therein under the pretence of any Right or prero­gative of Provinces, Towns or private persons: and the subjects of the said Lords the States may likewise, without the said letters of Naturalization settle themselves with all liberty, in all the Towns of the Kingdom, there to drive their Commerce and Traffick, yet without having power, there to acquire the right of free Denizons, unlesse they have obtained letters of Naturalization from his Majesty in good form: and those of the United provinces shall gene­rally be treated as his own and natural subjects, and not be counted strangers. And all what is contained in the present Article shall be observed, in respect of the Kings subjects, in the Countries under the obedience of the said Lords the States.

XXIV. The ships laden by one of the Allies, passing before the Coasts of the other, and staying in the roads or ports by storm or otherwise, shall not be constrained there to unload, or to sell their commodities, or a parcel thereof; nor ob­liged to pay any customs, unlesse they there discharge any of their commodities voluntarily and of their own ac­cord.

[Page 13] XXV. The Masters of Ships, their Pilots, Officers, Souldiers, Marriners, and other Seamen, the ships themselves or the Commodities and Wares, they may be loaden with, shall not be seised nor arrested by vertue of any general or parti­cular Order of whomsoever, or for what cause or occasion soever, nor even under the pretence of the Conservation and Defence of the State: and generally nothing shall be taken from the subjects of either side, but by the consent of those, to whom it shall belong, and by paying ready mony for the things, that shall be desired of them: wherein not­withstanding it is not understood to comprehend the seisures and arrests, made by order and authority of Justice, and by the ordinary wayes and course thereof, and for legal debts, contracts and other legitime causes, for the sake whereof it shall be proceeded according to law and the formes of Justice.

XXVI. All the subjects and Inhabitants of France shall with all safety and liberty exercise their navigation and traffick in all the Kingdomes, Countries and States, that are and shall be in peace, amity or neutrality with France, without that they shall be troubled or disquieted in this liberty by the Ships, Galleyes, Frigots, Boats or other Sea-vessels, be­longing to the said Lords the States or to any of their sub­jects, upon occassion of the hostilities, which hereafter might fall out between the said Lords the States General and the said Kingdoms, Countries and States, or any of them, that are or shall be in peace, amity, or neutrality with France.

XXVII This Transport and this Traffick is to be extended [Page 14] to all sorts of Commodities, except those of Contre­bande.

XXVIII. By this kind of Commodities of Contrebande is only un­derstood to be comprehended all kinds of Firing Arms and other assortments thereof, as Canons, Carriages, Musquets, Mortars, Petards, Bombes, Granado's, Saucidges, Forks, Bandiliers, Pouder, Match, Saltpetre, Balles, Piques, Swords, Morions, Casques, Curasses, Hallebards, Javelins, Horses, Horse-saddles, Pistols, Pistol-cases, Belts, and other assortments serving for the use of War.

XXIX. There shall not be comprehended in this kind of Com­modities of Contrebande, Corn, or other Grains, all man­ner of Pulse, Oyles, Lents, Salt, nor generally all what belongs to the food and sustentation of a Town; but they shall remain free as all Wares and Commodities, not com­prehended in the precedent Article, and the Transportation of them shall be permitted, even to the places, that are E­nemies to the said Lords the States, except to the Towns and places that are besieged, blocked up or surrounded.

XXX. For the execution of what is abovesaid, it hath been a­greed, that it shall be done in manner following: that the ships and boats with the Wares of the subjects of his Majesty, being entred into some Havens of the said Lords the States, and willing to pass to those of the said Enemies, shall be obliged only to shew to the Officers of the Haven of the said Lords the States, whence they shall depart, their Pastports, containing the specification of the charge of their ships, at­tested and marked with the ordinary sign and seal, and ac­knowledged by the Officers of the Admiralty of the place, [Page 15] whence they go first, with a declaration of the place, whe­ther they are bound; all in the ordinary and accustomed forme; after which exhibition of their Passports in the form aforesaid, they shall not be molested, searched, detained nor retarded in their voyages, under what pretence soever.

XXXI The same shall be observed in respect of the French ships and boats, that shall go into any roads of the lands under the obedience of the said Lords the States, without being willing to enter into the Havens, or in case they enter there, without being willing to disembarque or to break their charges; which shall not be obliged to give account of their Carga, but in case there be a suspition, that they carry to the Enemies of the said Lords the States, Commodities of Contrebande, ashath been said above.

XXXII. And in case of apparent suspition, the said subjects of his Majesty shall be obliged to shew in the Ports their passe­ports, in the forme above specified.

XXXIII. That if they were entred into the roads, or were met at sea by some ships of the said Lords the States, or by private men of War, their subjects; the said ships of the united Provinces, to avoid all disorder, are not to approach nearer to the French, then at the distance of a Canon shot, and they are to send their little boat or Chalupe aboard of the French ships or boats, and to cause only two or three men to enter, to whom the pass-ports and sea-letters are to be shown by the Master or Patron of the French Vessel in the manner before specified, according to the formul of the said sea-letters, which shall be inserted at the end of this Treaty: by which pass-ports and sea-letters it may appear, not on­ly [Page 16] what is his lading, but also the place of his abode and residence, and the name as well of the Master and patron, as the ship it self; to the end that by these two means it may be known, whether they carry commodities of Contrebande, and it may sufficiently appear, what is as well the quality of the said ship, as that of the Master and patron: to which pass-ports and sea-letters entire faith and credit is to be gi­ven; and to know the better their validity, and that they may not in any way be falsified and conterfeited, there are to be given certain marks and contre-seals of his Majesty and the said Lords the States General.

XXXIV. And in case the said French Vessels and boats, bound for the Havens of the Enemies of the said Lords the States, there be found by the forementioned means some wares and com­modities of those, that are above declared to be of Contre­bande, and prohibited, they are to be unloaden, denounced, and confiscated before the Judges of the Admiralty of the United provinces, or other competent Judges, yet without seizing or confiscating in any manner the ship and boat, or other goods, wares and commodities, that are free and per­mitted, found in the same Vessel.

XXXV. It hath further been accorded and agreed upon that what­soever shall be found laden by the subjects of his Majesty in a ship of the Enemies of the said Lords the States, although they be not wares of Contrebande, shall be confiscated with all that shall be found in the said ships without exception or reserve; but on the other side also, all shall be free, what shall be, and be found in the ships appartaining to the subjects of the most Christian King, though the loading or part there­of belong to the enemies of the said Lords the States, except the wares of Contrebande, in reference to which, it is to be regulated according to what hath been ordered in the pre­cedent articles.

[Page 17] XXXVI. All the Subjects and Inhabitants of the said United Pro­vinces shall reciprocally enjoy the same rights, liberties and exemptions in their Traffick and Commerce, in the Ports, Roads, Seas and States of his said Majesty, what hath just now been said, shall be enjoyed by the Subjects of His Majesty in those of the said Lords the States, and in the open Sea: it being to be understood, that the equality shall be every way reciprocal on either side; and even in case, that hereafter the said Lords the States should be in Peace, Amity and Neutrality with any Kings, Princes and States, that should become Enemies to His Majesty; each of the two parties being reciprocally to use the same con­ditions and restrictions, expressed in the Articles of the pre­sent Treaty, that regard Traffick and Commerce.

XXXVII. And the more to assure the Subjects of the said Lords the States, that no violence shall be done to them by the said Vessels of War, prohibition shall be made to all Captains of the Vessels of the King, and to other Subjects of his Ma­jesty, not to molest nor to annoy them in any thing whatso­ever, under pain of being punished and engaged in their persons and goods for the dammages and interests, suffered and to be suffered, to the last restitution and reparation.

XXXVIII. And for this cause, shall hereafter all Captains and Ar­med Men be obliged, every one of them, before their de­part, to give good and solvable caution, before competent Judges, of the sum of fifteen thousand livers Tournois, to answer every one of them in solidum of the ill Deportments, which they may commit in their courses, and for the brea­ches made by their Captains and Officers, of the present [Page 18] Treaty, and of the Ordinances and Edicts of His Majesty, that are to be published by vertue and conformably to the disposition of the same, under pain of a forfeiture and nul­lity of the said Commissions and Leaves: which shall like­wise be practised by the Subjects of the Lords the States General.

XXXIX. If it should fall out, that any of the said French Cap­tains should take a Vessel laden with the said Commodities of Countreband, as is said, the said Captains shall not cause to be opened or broken, the Trunks, Mails, Balls, Budgets, Tonns, or Chests, or to be transported, sold or changed, or otherwise alienated; but that first, they shall be set on shoar in the presence of the Judges of the Admiralty, and an Inventary be made by them of the said Commodities, found in the said Vessels, unless that the Goods of Countrebande making but a part of the Carga, the Master or Patron of the ship should think good and a­gree to deliver the said Countreband-goods to the said Cap­tain, and to pursue his Voyage; in which case the said Master or Patron shall in no wise be hindred from persuing his course and the design of his Voyage.

XL. His Majesty desiring, that the Subjects of the said Lords the States General may be treated, in all the Countries under his obedience, as favourably as his own Subjects, shall give all the Orders necessary to make all Judgments and Decrees, that are to be given upon the prises, that shall have been taken at Sea, to be rendred with all Justice and Equity, by persons un-suspected and dis-interest in the mat­ter in question; and His Majesty is to give precise and ef­fectual orders, that all the Decrees, Judgments and Or­ders of Justice already given or to be given, may speedily and duly be executed according to their forms.

[Page 19] XLI. And when the Ambassadors of the said Lords the States General, or any other of their publick Ministers, that shall be at the Court of His Majesty, shall make complaints of the said Judgments, that shall have been given, His Ma­jesty shall cause a review to be made of the said Judgments in his Counsel, to examine, whether the orders and pre­cautions, contained in the present Treaty, shall have been followed and observed, and to provide for it according to reason: which is to be done within the space of three moneths at most; and yet notwithstanding, neither before the first Judgment, nor after that of the revision, shall the Goods and Commodities, that shall be reclaimed, be sold or unladen, unless it be by the consent of the interes­sed parties to avoid the spoiling of the said commodities.

XLII. When a process shall be made in the first and second in­stance, between those, that shall have taken prises at Sea, and those that are interessed therein, and that the said in­teressed persons shall come to obtain a Judgment or de­cree favourable, the said Judgment or Decree is to have its execution under Caution, notwithstanding the Appeal of him that shall have taken the prise, but not on the con­trary. And what is said in the present and precedent Arti­cles to cause good and speedy Justice to be rendred to the Subjects of the United Provinces concerning the prises ta­ken at Sea by the Subjects of His Majesty, is to be under­stood and practised by the Lords the States General in re­spect of the prises made by their Subjects upon those of His Majesty.

XLIII. His Majesty and the said Lords the States General shall [Page 20] have power at all times to cause to be built or fraighted, within the Countries of one and the other, such number of Ships, whether for War or Trade, as they shall think good; as also to buy such quantity of Ammunition of War, as they shall need; and they are to employ their authority, that the said bargains of Ships and buyings of Ammuni­tion be made bonâ fide and at a reasonable rate: But neither His Majesty nor the said Lords the States General are to give the same permission to the Enemies of one another, in case the said Enemies be attacking or invading.

XLIV. It happening that the ships of war, or of Merchants, be east away by storm or other accident upon the coasts of either of the Allyes, the said ships, tacklings, goods and wares, and what shall be saved, or come of it, if the said things, be­ing perishable, have been sold, all of it being reclaimed by the Proprietors, or others, charged and impowred by them, within a year and a day, shall be restored without form of process, paying only the reasonable charges, and what shall be ordered between the said Allyes for the duties of sa­ving; And in case of contervention to the present Article, His Majesty and the said Lords the States General promise, effectually to employ their authority to cause with all seve­rity to be chastised those of their subjects, that shall be found guilty of the inhumanities, that have been sometimes com­mitted, to their great regret, in the like rancontres.

XLV. His Majesty and the said Lords the States General shall not receive nor suffer their subjects to receive, within any of the Countries under their obedience, any Pirats or such as go with one or more false commissions, whosoever they may be, but they shall cause them to be pursued, and pu­nished, or driven out of their ports: and the ships robbed, [Page 21] as the goods taken by the said Pyrats and false-commissiona­ted Men, that shall be in being, are to be presently and without forme of process freely restored to the proprietors that shall reclaim them.

XLVI. The Inhabitants and subjects of one and the other part, shall have power, every where within the lands under the obedience of the said King and of the said Lords the States, to cause themselves to be served by such Advocates, Pro­cters, Notaries, and Sollicitors, as shall seem good to them: unto which also they shall be commisionated by the ordina­ry Judges, when need shall be, and when the said Judges shall be demanded it. And it shall be permitted to the said subjects and inhabitants on either side, to keep in the places where they shall make their aboade, books of their traffick and correspondence, in that language which they shall think good, without being, for this cause, disquieted or searched.

XLVII. The said Lord King, as also the said Lords the States Ge­neral, shall have power to establish, for the conveniency of their subjects, trafficking in the Kingdomes and States of one another, Consuls of the Nation of their said subjects, which shall enjoy the rights, liberties and franchises, that appartain to them, for the exercise of their employment: and the establishment thereof shall be made in such places, where by common consent it shall be judged necessary.

XLVIII. His Majesty and the said Lords the States General shall not permit, that any Vessel of Warr, nor any other, set out by the commission and for the service of any Prince, Re­publick or Town whatsoever, come to make any prise with­in the ports, havens, or any rivers belonging to them, upon the subject of either. And in case this happen, his Majesty and the said Lords the States General, shall employ their authority and their forces to cause restitution or reparation to be made according to reason.

[Page 22] XLIX. One of the Allyes shall not assist the attacking Enemies of the other, present or future, neither by sea nor by land, nei­ther with men, nor money, victuals, ammunition, ships, or other things, that might strengthen them, conserving not­withstanding the free course of trade and navigation be­tween the subjects of one Allie with the Enemy of the other, conformably to the precedent Articles.

L. And to the end, that as well his said Majesty, as the said Lords the States General, may be wholly assured of the ef­fect, and real and vigorous Execution of the present Confe­deration, they declare, that they have no treaty nor agree­ment contrary to this Confederation, that may hinder them in any wise from a sincere executing the present treaty in all its points and Articles.

LI. The present treaty of Alliance as well, as of Commerce, Navigation and sea affairs, shall last twenty and five years, beginning from the day of the signature: yet so to be under­stood, that if peradventure an entry were made into an actu­al performance of the warranty, by rupture or assistance in favour of one's Ally, by vertue of this Treaty, before the ex­piration of the said twenty and five years; the treaty shall continue and subsist in its force and vigour in all its points, until an end be made of the war in the manner above specifi'd.

LII. The Ratifications of this Treaty are to be given in good form, and exchanged by one and the other part, with­in the space of three moneths, to reckon from the day of the Signature.

CAesar Duke of Vandosme, Mercaeur, Beaufort, Pent­bieure and Estampes, Prince of Anet & Martigues, Peer and Great Master, Chief and Surintendant General of the Navigation and Traffick of France and the Countries reconquered:
To all those, that shall see the present Letters, Greeting:

We give notice, that We have given leave and permission to . . . . . . . . . . . . Master and Conductor of the Ship, called . . . . . . . . . . of the Town of . . . . . . . . . . . of the burthen of . . . . . . . . tonnes or thereabout, being at present in the port and Haven . . . . . . . . . . . , to go to . . . . . . . . . laden with . . . . . . . . . . . . who, after that visitation shall have been made of his ship, before his departure shall take oath before the Officers, that exercise the Jurisdiction of Maritime causes, how that the said vessel belongs to one or more subjects of his Majesty, whereof the Formul shall be set down here be­neath; as also, that he will keep, and cause to be kept, by those of his Equipage, the Orders and Rules of Sea-affairs, and cause record to be made, signed and certified, contain­ing the names and Sirnames, the birth and aboade of the men of his Equipage, and of all those, that shall embarque themselves, which he shall not take on board without the knowledge and permission of the Officers of Marine affairs: and that in every port and haven, where he shall enter with his ship, he will shew to the Officers and Judges of the Sea affairs the present leave, and give them a faithful report of what shall have been done and passed during his Voyage: and that he will carry the Flaggs, Armes and Colours of the King, and Ours, during his Voyage. In witness wher­of [Page 24] we have set down our Signe and Seal to these pre­sent, and cause them to be countersigned by the Secretary of Marine affairs . . . . . . . . . . Act . . . . . . . . . the day . . . . . . One thousand six hundred . . . . . .

It was signed Caesar de Vandosme; and lower, by My Lord; signed Matarel, and sealed with the seal of the Armes of the said Lord Admiral.

A Formul of the Act concerning the Oath.

MORICE . . . . . . . . of the Admiralty of . . . . . . we certify that . . . . . . . Master of the ship named in the pasport above mentioned, hath taken the oath therein expressed. Act . . . . . . . the . . . . . . . . . day of . . . . . .

A Formul of the Letters, that are to be given, in the Sea Townes and Ports of the Ʋnited Provinces, to the Ships and Boats, that will go out to Sea, following the above­mentioned Article.

TO the Most Serene, Most Illustrious, Illustrious, Most Potent, Most Noble, Noble, Honourable and Prudent Lords, Emperours, Kings, Republicks, Princes, Dukes, Counts, Barons, Lords, Consuls and Sherieffs, Counsel­lors, Judges, Officers, Justiciaries and Regents of all good Towns and Places, as well Ecclesiasticks as Seculars, who shall see or read these Patents;

We the Consuls and Re­gents of the Town . . . . . . . . . give notice that . . . . . . . . . . . Master of the Ship . . . . . . . . . . . appearing before us, hath declared by a solemn Oath, that the ship named . . . . . . . . . [Page 25] big of about . . . . . . . . . . . . . . . Tonnes, of which he is at the present Master, belongs to the Inhabitants of the United Provinces, as God should help him, and as we should glad­ly see the said Master of the ship assisted in his just affairs, so we beseech you all in General and in particular, where the said Master with his ship and commodities shall arrive, that you would please to receive him beningly, and to treat him as it ought to be, suffering him, upon the usuall rights of customes and expences, in, through, and neer your Ports, Rivers and Domaines, letting him sail, passe, frequent and traffick there, and where he shall find it for his purpose; the which we shall willingly acknowledge. In witness whereof we have here set to it the seal of our Town.


The Copy of the Letters of Plenipotence of the Most Christian King for the Lords Com­missioners of his Majesty for this Treaty.

LOuys, by the Grace of God King of France and Na­varre,
to all, that shall see these present, Greeting.

The affection and respects, which our Dear and Great Friends, Allies and Confederates, the Lords the States General of the United Provinces of the low Countries, testifie unto us upon all occasions, having made them re­solve to depute to us the Lords, Jean Baron of Gent, Lord of Osterwede, Lieutenant of the Fiefs, and Primate of the Country of Fauquement, Conrard de Buningen, Counsel­lour of the City of Amsterdam, Justus de Huybert, Coun­sellour and Pensionary of the Town of Ziricksee, all De­puties in their Assembly from the Provinces of Gueldres, Holland and Zeland, their Ambassadors Extraordinary, for joyntly with the Lord William Borreel Knight, Baron of Ʋrenhove, Ʋrendie, Lord of Steeland, Duinbeke, Peer-boom, &c. their Ambassador Ordinary, upon the occasion of the [Page 26] Conclusion of the peace between Us, and our Dear and Most beloved Brother and Uncle the King of Spain, and of our Marriage, to give us, by their Congratulations and Civilities, marks of the sence they have what con­cerns Us; they have also given them Order, to make O­vertures to us of Uniting themselves with us anew, by Treaties of Amity and Confederation and Commerce, suitable to the Constitution of the Time and of affairs, that may assure the lastingness of the peace, by a good and firm Union between our States and Theirs, and establish a mutual Correspondence between our Subjects, to make them taste the fruits thereof with advantage. Whereof the said Ambassadors having made Declaration, we are very willing to hearken thereunto, and desirous to bring to it, what can be expected from us in this Occurrence, we have thought fit, for the negotiating of these Treaties to commit it to Persons recommendable for their Dignities, their sufficiencies and their own merits, and for this end, we have believed, we could not make a better and more worthy choice, then of the persons of our Dearly-beloved and Trusty, the Lord Seguier Count of Gien, Knight, Chancellour of France; of our Dear and well-beloved Cousin the Marshal Duke of Villeroy, and of our Beloved and Trusty Counsellors in our Counsels the Lords Counts of Brienne and Tellier, Ministers and Secretaries of State; and of the Lord Marquess of Lyonne, Minister also of State, all Commanders of our Orders, and of the Lord Count of Brienne the son, Secretary also of State and of our Com­mands; and of the Lord Colbert Counsellor in all our Coun­sels and Intendant of our Treasury, of whom the experi­ence and dexterity in the management of the most impor­tant affairs, and the fidelity and affection to our service, are equally known to Us. To them, for these causes and others moving us thereunto, by the advice of our Counsel, where were the Queen our Most Honoured Lady and Mo­ther, our Dear and Most beloved only Brother the Duke of Orleans, and other Princes of our Blood, Great and con­siderable Personages of our Counsel; and by our certain [Page 27] knowledge, full power and Royal authority, have given, and by these present, signed with our hand, do give full power, Order and Commission to hear, confer, negotiate, and treat in our Name with the said Lords Ambassadors Ex­traordinary and Ordinary of the said Lords the States Ge­neral, instructed with powers sufficient for the same, of the conditions of a Treaty of Alliance and Confederation, Commerce, Navigation, and Marine affairs; such as they shall judge to be most beneficial and sutable to the com­mon good of our States and Affairs, to agree about them, to resolve, decree and conclude them, and to sign the Ar­ticles of them; promising upon the faith and word of a King, to hold for agreeable, firm and stable all, what by the said Lords Seguier Knight, Chancellor of France, and by our said Cousin the Duke of Villeroy, and by the said Lords the Counts of Brienne, Tellier, Lyonne, Brienne the Son, and Colbert, all together, or by the greatest part, in case of ab­sence, and sickness or lawfull impediment, of any of them, shall have been agreed upon and signed, and to ratifie it in the best forme, that may be, and to deliver of it the Let­ters of Ratification, in the terms and the manner, that shall have been prescribed and regulated by the said Treaty. For, such is our pleasure: In witness whereof we have caused our Seal to be annexed to these present:

Signed, Louys,and lower upon the turn­ing in of the paper, by the King, Philippeaux,
and sealed upon the double fringe of the great Seal of yellow wax.

The Copy of the Letters of Plenipotence of the Lords the States General of the Ʋnited Provinces of the Low Countries, for their Ambassadors extraordinary for this Treaty.

THE STATES GENERAL of the United Provinces of the Low Countries,
to all that shall see these present, Greet­ing.

Having given proof of the affection, we have for the tranquility of Christendom, in the peace, that hath been lately concluded in the North, we think we ought to make it firm, by treating with the Most-Christian King a streight, good, sincere, lasting and mutual Amity, Union and Alli­ance, for the reciprocal defence and conservation of the States and Subjects of one another, of their Liberties, and Franchises, particularly in the matter of Sea-affairs, Na­vigation and Traffick, and generally of all their common Interests against all those, that would trouble or hinder them in it, by sea or Land. To which being willing to bring all what can be expected from Us, We have resolved to send into France an Extraordinary Ambassy, composed of persons of quality, to treat in our name with the said King, or with the Commissioners, which his Majesty shall please to name for this purpose. And knowing, that for this end We can make no better choyce, then of the Lords Jean Baron of Gent Lieutenant of the Fiefs, and Primate of the Country of Fauquemont, Conrard de Beuningen Counsel­lor of the City of Amsterdam, and Justus de Huybert Coun­sellor and Pensionary of the Town of Ziricksee, all Depu­ties in our Assembly from the Provinces of Gueldres, Hol­land and Zeeland, as well for the great knowledge, they have of publick affairs, as of that, which we have of their sufficiency, prudence and fidelity, We, for these reasons and others moving us thereto, have given and do give by [Page 29] these presents, full power, authority, commission and spe­cial command, to the said Lord of Gent, Beuningen, and Huybert, and to every one of them in particular, in case by reason of sickness or other impediment they could not all be present at the Treaty, for, from Us and in our Name, in the Quality of Ambassadors Extraordinary, Joyntly with the Lord William Borreel, Lord of Duinbeke, &c. our Am­bassadour in Ordinary at the Court of France, to make and conclude the said Treaty of defensive Allyance, Marine af­fairs, Navigation and Commerce with the said Most Chri­stian Majesty, separately, or joyntly with the King of Great Brittain, and for that effect to conferre with his Ma­jesty, or with the Commissioners, which he shall please to name; as also to agree, promise, resolve, conclude and decree together all what shall be thought fit and necessary for the common good of France and this Republick, yea and to compose and signe a Treaty of it, to make and pass such Instruments, Acts and promises in good and due forme; and generally to do all what we should do, if we were there present, even when a more special command should be ne­cessary: promising sincerely and bona fide, to hold for good and to keep firme and stable all what the said Lords Ambas­sadors shall promise, agree upon, Act, resolve and signe in the said Treaty, to observe, accomplish and execute it in­violably, and never, whether directly or indirectly, in a­ny wise whatsoever, to go against it; but to cause our Let­ters and Ratifications of it to be expedited in the most Au­thentick forme that can be, and when it shall be necessary.

Signed P. Swanenburg, and lower upon the turning in of the Paper, by Order of the said Lords the States Generall Mr. Ruysch,
and sealed upon the double fringe of the great seal of yel­low Waxe. In Faith whereof, We, the Commissioners and Am­bassadours above said, in vertue of our respective powers, [Page 30] have in the said names signed these presents with our ordi­nary seals, and have caused the Seals of our Armes to be put to it.
  • L S Sequier.
  • L S Villeroy.
  • L S De Lomenie.
  • L S Tellier.
  • L S De Lionne.
  • L S De Lomenie.
  • L S Colbert.
  • L S J. van Gent.
  • L S C. van Beuningen
  • L S J. van Huybert.
  • L S W. Borreel.

Articles agreed upon, between the most Christi­an King of France and Navarre, and the Lords the States General of the United Pro­vinces, serving for explication of the Fifth Article, as also of the third and fourth of the Treaty of Alliance of his Majesty with the said Lords the States General, Concluded and Decreed this Day.

I.THe case of the above said fifth Article hapning, the said Lord King and his Successors, shall be obliged to assist the said Lords the States General of the U­nited Provinces, all and every time they shall be attackt or troubled, as it is more largely expressed in the said Treaty, with a succours of twelve thousand foot, well armed, under such Regiments, Companies, Colonels and other Officers, as his said Majesty shall think fit, and judge most proper for such an assistance, and he is to deliver and entertain the said succours at his own charge, for the ser­vice of the said Lords the States General, all the time that he shall not be obliged to enter into rupture, according to the Treaty and the said Article of the same. Also the Lords the S [...]s General shall be obliged reciprocally to assist the said Lord King every time he shall be attackt or troubled in manner aforesaid, with a succours of six thousand foot, well armed, under such Regiments, Companies, Collo­nels and other Officers, as the said Lords the States Gene­ral shall think fit, and judge most proper for such an as­sistance, [Page 32] and they are to deliver and entertain them at their own charge, for the service of said Lord King, all the time that they shall not be obliged to enter into rupture, accord­ing to the Treaty and the said Article of the same.

II. He that shall openly be attackt in manner abovesaid, shall have the liberty to take the succours either wholly in Soul­diers, or wholly in Money, or a part of it in Souldiers, and a part in Ships, Armes, Ammunitions of Warr, Money, or other things proper for the use of War; so that a thou­sand souldiers shall be rated at ten thousand livers a moneth, according to the course of the bank of Amsterdam, counting twelve moneths in a year: and the payment thereof shall be made in the beginning of every moneth by equal porti­ons; in this manner, that in case the payment be made partly or wholly in Money, the money is to be delivered at Paris or Amsterdam respectively: but in case the perfor­mance be made partly or wholly in Ammunitions of Warr, ships or other things proper for the use of war, the assisted shall be obliged to go himself and demand and receive the said Ammunitions of war, or ships in the Country of him, that is to assist or to furnish the succours.

III. When the succours shall be delivered in Souldies, they are altogether to be submitted to the command and order of him to whom they shall be sent, to serve himself of them and to transport them to the places, he shall think good, by wa­ter and land, into the Field, to seiges, to the guarding of places, and wherever either necessity or advantage shall re­quire it. With this reserve notwithstanding, that these Companies shall not be altogether separated from one ano­ther, but that they shall remain together under their En­signes; at the least to the number of two or three hundred souldiers of every Regiment.

[Page 33] IV. After that the formed succours of souldiers shall be sent by the assistant, and received by the assisted, it shall be in the power of the assisted to supply the vacant offices, unto that of Ensignes inclusively, beginning from the chief; provided that the persons, upon whom the vacant offices shall be con­ferred, be chosen out of the Troupes of the succours.

V. When the necessity of affairs shall make it to be judged and known that the promised and accorded succours ought to be augmented, the said Lord King and the Lords the States General shall labour to agree together concerning it.

VI. Though in the Treaty of the defensive Allyance, accor­ded and concluded this day, between the Commissioners of the most Christian King, and the Ambassadors Extraor­dinary and Ordinary of the States General of the United Provinces, it be agreed upon, that the Warranty, stipula­ted in the third and fourth Article, shall extend it self to the whole State of the said United Provinces, and to all the places, where they have their Garrison, his Majesty notwithstanding, in confideration of the Alliance, which he hath with the Lords, the Elector of Collen, and the Duke of Newbury, understands not to be obliged to the said Warranty, in case that the said Elector or Duke, each a part and separately come to attack first the Town of Rhyn­burg, and the other the Town of Ravestein, with his own Forces only: but, in case he there make use of the aid or assistance of any other Potentat, Prince, or State, whether in Men, Mony, or other manner whatsoever, directly or indi­rectly, or in case they act both joyntly, that in that case of assistance or Conjunction the aforesaid Warranty shall be [Page 34] obligatory in respect of the said Princes, as it is against all others, without that the present exception shall be under­stood to extend it self to any case not expressed therein, to the prejudice of what is agreed upon in the said Treaty.

VII. Forasmuch as the Treaty of Peace made between the King of Portugal and the Lords the States General of the United Provinces is not yet ratified, and the Warranty is not to be extended but to such Treaties, as are passed in good and due form, it hath been agreed upon, that His Ma­jesty shall not be obliged to any Warranty towards the said King of Portugal, but after the said Treaty made, or other, that may be made to finish the War, which they are at the present engaged in, be ratified as the other Treaties, accord­ing as it is agreed.

Which Articles shall have the same force and vigour, as if they were in serted in the body of the said General Trea­ty passed this day.
  • L S Seguier.
  • L S Villeroy.
  • L S de Lomenie.
  • L S Tellier.
  • L S de Lyonne.
  • L S de Lomenie.
  • L S Colbert.
  • L S J. van Gent.
  • L S C. van Buningen.
  • L S J. van Huybert.
  • L S W. Borreel.

An Article a part, touching the Imposition of fifty sols per Tonn upon the Strangers-Ships going out of the Ports of France.

IT hath been stipulated on the part of the most Christian King, and consented unto, by the Lords the States Gene­ral of the United Provinces of the low Countries, that the Equality, that is to be precisely observed in regard of the Subjects of either Ally with the Natives, in matter of Customs, Charges, Impositions, according to the 20th. Ar­ticle of the Treaty of Allyance, this day concluded, shall not derogate from the Imposition of fifty Sols per Tonn, established in France upon Stranges-Ships; and that the Subjects of the Lords the States of the United Provinces shall be obliged to pay the same, as all other Strangers, unless his Majesty, upon the Remonstrances, which hereaf­ter may be made unto Him from the said Lords the States, in examining them with that great affection, wherewith His Majesty is pleased to honour them, dispose otherwise thereof: But from this time forth necessary Orders are to be by his Majesty issued, to this end that the said Imposition of fifty Sols shall not be exacted from the Ships of the Sub­jects of the said United Provinces but once for every voy­age, in going out of the Ports of His Kingdom, and not in entring into it; and that the said Ships laden with Salt, shall not pay but the half of the said fifty Sols, on con­dition, that the said Lords the States, thinking it fit to put the like imposition upon the Ships of Strangers in their Country (which shall remain free unto them) are not to exceed, [...] regard of the Subjects of His said Majesty, the Tax of what their Subjects pay in France: the said 20th ▪ Article remaining as to all other Customs, Charges, and Impositions present or to come, in its entire force and vi­gour, without its being to be limited or exceeded by any [Page 36] other exception or restriction, but what is here above ex­pressed.

Which Article apart, is to have the same force and vi­gour, as if it were inserted in the Body of the said Treaty General passed this Day.
  • Sequier.
  • Villeroy.
  • De Lomeny.
  • Tellier.
  • De Lyonne.
  • De Lomeny.
  • Colbert.
  • J. van Gent.
  • C. van Beuningen.
  • J. van Huybert.
  • W. Borreel.

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