ARTICLES OF PEACE, FRIENDSHIP & ENTERCOURSE, Concluded and Agreed between ENGLAND & SWEDEN, In a Treaty bearing date at Upsal the ninth day of May in the year of our LORD GOD 1654.
Published by his Highness special commandment.
London, Printed by Henry Hills and John Field, Printers to His Highness, MDCLV.
ARTICLES OF Peace, Friendship and Entercourse concluded and agreed between England and Sweden.
In a Treaty bearing date at Upsal, the ninth day of May in the year of Our Lord God, 1654.
I.
THat from henceforth there be and remain a good, firm, sincere and perpetual Peace, Amity, Allyance and correspondence between the Protector and Commonwealth of England, Scotland, and Ireland, and the Queen and Kingdome [Page 164]of Sweden, and all and singular their Dominions, Kingdomes, Countries, Provinces, Islands, Plantations, Lands, Cities, Towns, People, Citizens, and generally all their Subjects and Inhabitants, so that each part treat and use the other with all real friendship and affection.
II.
The said Confederates, their People, Subjects and Inhabitants shall, as opportunity is offered, take care of, and promote the welfare each of other. And shall advertise each other, upon knowledge therof, of all imminent dangers, plots, and conspiracies of Enemies against the other; and, as much as in them lies, oppose, and hinder the same. Neither shall the one Confederate, either by himself, or any else, treat of, act, or attempt any thing to the prejudice and disadvantage of the other; his Lands or Dominions, in whatsoever place, whether at Sea or Laud, Nor shall any way assist the Rebells or Enemies of the other, to the damage of the Confederate, nor receive, or entertain within his Dominions, any Rebel or Traytor, who shall attempt any thing against the others State, much less afford them any Council, help or favour, or permit it to be done by any of his Subjects, People and Inhabitants.
III.
The said Protector and Commonwealth, and the said Queen and Kingdome shall [Page 165]take diligent care, That, as much as in them lies, all impediments and obstacles be removed, which have hitherto interrupted the freedome of Navigation and Commerce, as well between both Nations, as with other People and Countries within the Dominions, Lands, Seas and Rivers of either. And shall sincerely endeavour to assert maintain, defend and promote the aforesaid Liberty of Navigation and Commerce against all the Disturbers thereof, by such waies and meanes, as either in this present Treaty, or hereafter shall be agreed upon. Neither shall they suffer, that either by themselves, their Subjects and people, or through their default, any thing be done or committed contrary hereunto.
IV.
That either of the aforesaid Confederates their people and Subjects, may without any safe conduct, licence, general or special freely and securely go and enter by Land, or Sea, in and to the Kingdoms, Countries, Provinces, Lands, Islands, Cities, Villages, Townes, whether walled or unwalled, fortified, or otherwise, Havens and whatsoever Dominions of the [Page 166]other, and there stay and from thence return or pass through; and in the same places, upon just prices to procure, and have provision of Victuals, for their use and sustenance and to be used with all friendly Offices. And that either Confederate, their people and subjects may trade and have commerce in all places where commerce hath hitherto been exercised, in what Goods and Merchandises they please, and may freely import and export the same, paying the customs which are due, and conforming themselves to the Laws and Ordinances of the said Commonwealth and Kingdome, whether the same respect, Trade, or any other right; which presupposed, the people, subjects and inhabitants of both Confederates, shall have and enjoy in each others Kingdomes. Countries, Lands and Dominions, as large and ample privileges, Relaxations, Liberties and immunities, as any other Foreiner at present doth, or hereafter shall enjoy there.
V.
No Merchants, Captains, and Masters of Ships, Mariners, nor any other persons, Ships, Goods, or Merchandize belonging to either Confederate shall upon any publique, or private account, by virtue of any Edict General or special, within any the Lands, Havens, Sea-roads, Coasts, or Dominions of the other, for any publick service, or expedition of War, or any other cause, much less for any private use, be feised, embargued, arrested, forced by violence [Page 167]or be any way molested or injured, provided onely such arrests, as are conformable to justice and equity be not hereby prohibited, so be it they are made according to the ordinary course of Law, and not granted upon private affection, or partiality, but are requisite for the administration of right and justice.
VI.
In case any of the Ships of either Confederate, whether of War, or Merchants, belonging to the Subjects and People of either, be by occasion of Tempests, pursuit of Pyrates and Enemies, or any other urgent necessity constrained to put into each others Havens, Roads or shores they shall be received there with all kindeness and humanity, and enjoy all friendly protection, and be permitted to refresh themselves and procure, at a reasonable price, all things needfull for their sustenance, reparation, or use. Neither shall they be hindred from going out of the said Ports or Roads, at their pleasure, without paying any customs or duties. Provided they do nothing contrary to the Laws, Ordinances and Customes of the place, which the said Ships shall enter into or abide in.
VII.
In like manner, if any Ship or Ships, whether publick or private, belonging to either Confederate, their People and Subjects, shall within any the Coasts or Dominions [Page 168]of the other, stick upon the sands, or be forced to lighten their burden, or be wrack'd, or suffer any dammage, all friendly help and relief, shall be given them upon a competent reward. And what ever shall be remaining of the goods thrown overboard or after Shipwrack, or any other damage sustained, shall be kept in safe custody, and restored to the owner, or whom the said Owner shall appoint.
VIII.
In case the people and subjects on either part, whether they be Merchants, Factors, or Servants, Masters of Ships, Mariners, or such others, who travel and inhabit within the Dominions of the other, or those who act on their behalf before any Court of Iudicature, for recovery of their Debts, or for other lawful occasions, shall stand in need of the Magistrates help, the same shall be readily, and according to the equity of their Cause, in friendly manner granted them, and Iustice shal be administred to them without long and unnecessary Delayes. Neither shall they be any way molested upon any pretence in the Dispatch of their Affairs, in their Iourneying, Bargaining, and Receiving the Price of their Commodities, but that all Love and Friendship be extended towards them. And it shall be free for them on both sides, in their passage to and again, in each others Coasts, Ships, Havens, and Publique Places, to wear about them Armes for [Page 165]their proper defence, so be it they give no iust suspition to the Governour or Magistrate of the place, of any design against the publique or private peace. But he especially who behaves and demeans himself soberly and inoffensively, shall be protected from all injury, violence and molestation.
IX.
The said Confederates, and all and singular their people and Subjects, may buy and export out of all the Countreys, Dominions and Kingdomes of the other, all kinde of Armour and Provision of War, and may safely and freely put in with their Ships, and arrive at each others Ports, Havens and Shores, and there stay, and thence depart, they carrying themselves peaceably, and conformably to the Lawes and Customes of the respective places, and not disturbing the freedome of commerce therein. In like manner the Ships of War shall have free access to the Ports of either, there to stay, and come to anchor, but not in such numbers as shall occasion manifest suspition, without the leave and consent of that Confederate first obtained, to whom the Port belongs, unless compelled thereto by tempest, force, or danger of the Sea, in which case they shall signifie to the Governor, or Chief Magistrate of the Place, the cause of their Arrival, and shall continue there no longer then the said Governor or Chief Magistrate shall permit, Observing alwayes and every where, the [Page 166]Lawes aforesaid, and such as shall hereafter be agreed upon.
X.
The Subjects and Inhabitants of the Queen and Kingdome of Sweden, may safely and freely travel in England, Scotland and Ireland, and the Dominions thereof, and pass through the same by Sea or Land, to any other Nations freely to traffique and have commerce with them in all sorts of merchandize, and to import and export the same. And the people of the said Commonwealth shall enjoy the same freedome in the Kingdomes, Dominions and Territories, of the Queen and Kingdome of Sweden. Provided, the Lawes, Ordinances, and particular rights of each Nation, concerning Trade and Commerce be observed on both sides.
XI.
Although in the preceding Articles of this present Treaty, it be forbid to either Confederate to yield any aid or assistance to the Enemies of the other; yet it is not to be so understood, as if either Confederate having no War with the Enemies of the other, might not sail to, or traffique with the said Enemies, notwithstanding that the other Confederate be in actual war with them; But it is only provided, That till a more particular agreement be made concerning this matter, no goods called goods of Contrabanda, a Catalogue and Specification of which shall be made within four monethes [Page 167]after the date hereof, shall be carried to the Enemies of each other without peril in case they be taken, of being adjudged lawfull prize without hope of Restitution.
XII.
But lest such Navigation and Entercourse of the one Confederate, his People and Subjects by Land or Sea, with other Nations, during the War of the other Confederate, should redound to the prejudice of the said other Confederate. And lest goods of enemies, should pass concealed under the name of friends; for the removal of all suspition and prevention of fraud herein, it is agreed, That all Ships, Waggons, Wares and men, belonging to either Confederate, shall in their passage, have Letters of safe conduct, commonly called Passe ports, and Certificates signed by the Governour, or chief Magistrate of the Province or City, from whence they come, Of which Letters and Certificates such forms shall be observed as shall be mutually concluded upon, within the space of four Moneths, next after the date hereof. And wheresoever any the Merchandize, goods, vessels, or men belonging to either, their people and Subjects, shall be met with either in open Sea, or in any Channel, Haven, Road, Land, or any other place by the Ships of War, publique or private, or by any the People, Subjects and Inhabitants of the others, or shall happen to be in one place with them, they producing their Letters of safe Conduct and Certificates [Page 168]aforesaid, shall have nothing further exacted of them, no search made, either of Goods, Vessels or Men, much lesse shall they receive any dammage, injury or molestation; but shall be suffered to pass on with freedome to pursue their occasions. And if any the people and Subjects of either shall do, or commit any thing contrary to the proper sense of this present Article, either Confederate shall take care that severe punishment be inflicted on the Offendors, and cause full and speedy satisfaction to be made to the parties wronged, for all Costs and Dammages.
XIII.
In case it shall hereafter happen, that, during this Amity and Confederation, any of the people or Subjects of either, shall act or attempt any thing against the same or any part thereof, either by Land, Sea, or other Waters, this Amity, Confederation and Allyance, shall not be thereupon interrupted or broken of, but shall remain and continue still in full force and virtue. Onely in such case the particular persons which have offended, shall be punished, and no others; And that Iustice shall be done and satisfaction made to all persons injured, within twelve Moneths after Demand thereof. And in case the persons so offending as aforesaid shall not appear and submit themselves to Iustice, and make satisfaction within the said Term, the said persons shall be declared enemies to both [Page 169]States, and their estates, goods and effects whatsoever, shall be confiscated and employed to a due and full satisfaction for the wrong by them done. And their persons shall be lyable to further punishment when they shall come within the power of either State, as the quality of their offence shall deserve. And that speedy restitution and satisfaction be made for the losse and dammage which either part hath sustained from the other, during the War betwixt England, and the United Provinces.
XIV.
This present Treaty and Confederation shall in nothing derogate from any preeminence, right or Dominion of either Confederate within any his own Seas, Channels or Waters, but that they have and retain the same, in as full and ample manner as they have hitherto had, or as of right belongs to them.
XV.
It being the primary intent of this League and Amity, that each Confederate their people and Subjects might enjoy such freedome of Navigation and Commerce, as is described in the foregoing Articles, within the Baltick, Sound, Northern, Western, and British Seas, Mediterranean and Channel, and other the Seas in Europe; Therefore all sincere endeavour shall be used on both sides by common advise, aid and assistance, that the aforesaid mutual Liberty of Navigation [Page 170]and commerce, be established, promoted, and as occasion is, defended against all the Disturbers thereof, who shall go about to interrupt, prohibit, hinder or restrain and limit the same to their own will and pleasure, in prejudice of the said Confederates. And either part shall with all Willingnesse or readyness, promote the good and prevent the hurt each of other; Saving the Treaties which either Nation hath made with other Kingdomes, Commonwealths and nations. And neither Confederate shall hereafter make any League or Agreement in prejudice of this present, with any other People or Nation without the privity and consent of the other, or if any such Agreement be hereafter made, the same shall be reputed null and void, and give place to this present Treaty. But as for the manner of giving aid and assistance each to other for the defence of this League and of the Liberty of Commerce and Navigation, a more particular agreement, as need shall require, shall be made thereupon accommodated to the circumstances of time and other affairs.
XVI.
For what concerns other Commodities, which Ships of War may enjoy, and the Lawes by which they shall regulate themselves when they arrive in each others Ports and Harbours; and for what concerns commerce to be exercised in America, as also the advantages of the Herring, and other Fisheries, the execting Staples for Trade, and [Page 171]other Things and Conditions which shall be found requisite for the better clearing of the foregoing Articles, Resolution shall be had therein according to what shall be agreed upon in a distinct and peculiar Treaty or Contract.
XVII.
Whatever is agreed on in the foregoing Articles shall be in force and vertue from this present time, and be truly observed on both sides by all such as are within each others Allegiance. And for the further Confirmation thereof, shall be subscribed, signed and ratified by the Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions therto belonging, in the name of his Highness and the said Commonwealth, and by her Majesty of Sweden, under the handwriting and Seals of their said Highness and Majesty, within four Moneths next ensuing the Date of these Presents.