to them without long and unnecessary delays. Neither shall they be any way molested upon any pretence in the dispatch of their affairs, in their journeying, 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 other's coasts, ships, havens, and public places, to wear about them arms for their proper defence, so be it they give no just suspicion to the Governor or Magistrate of the place, of any design against the public 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 Countries, Dominions, and Kingdoms of the other, all kind of armour and provision of war, and may safely and freely put in with their ships, and arrive at each other's ports, havens, and shores, and there stay, and thence depart, they carrying themselves peaceably and conformably to the laws and customs of the respective places, and not disturbing the freedom 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 suspicion, 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 signify to the Governor or Chief Magistrate of the place, the cause of their arrival, and shall continue there no longer than the said Governor or Chief Magistrate shall permit. Observing always and every where the laws aforesaid, and such as shall hereafter be agreed upon. X. The subjects and inhabitants of the Queen and Kingdom 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 traffic 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 freedom in the Kingdoms, Dominions, and Territories of the Queen and Kingdom of Sweden. Provided the laws, 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 traffic 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 months after the date hereof, shall be carried to the enemies of each other, without peril, in case they be taken, of being adjudged lawful prize without hope of restitution. XII. But lest such navigation and intercourse 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 suspicion 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 Passports, and certificates signed by the Governor 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 months, 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, public or private, or by any of the people, subjects and inhabitants of the other, or shall happen to be in one place with them, they producing their letters of safe conduct, and certificates aforesaid, shall have nothing farther exacted of them; no search made either of goods, vessels, or men, much less shall they receive any damage, injury, or molestation; but shall be suffered to pass on with freedom to pursue their occa sions. And if any of 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 offenders, and cause full and speedy satisfaction to be made to the parties wronged, for all costs and damages. 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 alliance, shall not be thereupon interrupted or broken off, but shall remain and continue still in force and virtue; only in such case, the particular persons, who have offended, shall be punished, and no others; and that justice shall be done and satisfaction made to all persons injured within twelve months after demand thereof: and in case the persons so offending as aforesaid shall not appear and submit themselves to justice, and make satisfaction within the said term, the said persons shall be declared enemies to both 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 liable 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 loss and damage 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 pre-eminence, 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 freedom of navigation and commerce, as is described in the foregoing Articles, within the Baltic, 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 advice, aid, and assistance, that the aforesaid mutual liberty of navigation 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 willingness or readiness, promote the good and prevent the hurt of each other; saving the Treaties which either nation hath made with other Kingdoms, 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 to each 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 laws by which they shall regulate themselves when they arrive in each other's ports and harbours; and for what concerns commerce to be exercised in America, as also the advantages of the herring, and other fisheries, the erecting staples for trade, and 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 virtue from this present time, and be truly observed on both sides by all such as are within each other's 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 thereto belonging, in the name of His Highness, and the said Commonwealth, and by Her Majesty of Sweden, under the hand-writing and seals of their said Highness and Majesty within four months next ensuing the date of these presents. Done at Upsal the 11th of April, (9th May), 1654. TREATY between Great Britain and Sweden. Done at EXTRACT. (Translation from the Latin.) II. Whereas in the 11th Article of the Treaty lately made at Upsal, in 1654, betwixt England and Sweden, it was agreed and specified what goods and merchandize should hereafter be declared contraband and prohibited; it is now by virtue of the said Article established, that only those hereafter mentioned shall be reckoned prohibited; and consequently, not to be disposed of to the enemies of either: viz. bombs with their fusees and other appurtenances, fire-balls, gun-powder, matches, cannon-ball, spears, swords, lances, pikes, halberts, guns, mortars, petards, granadoes, musket-rests, bandaliers, salt-petre, muskets, musket-balls, helmets, head-pieces, breast-plates, coats of mail, cuirasses, and the like kind of arms; soldiers, horses, with all their furniture, pistols, holsters, belts, and all other warlike instruments; and also ships of war. Money shall also be reckoned among the goods with which the enemies are not to be supplied, and which it shall not be lawful to carry to the enemies of either, any more than the things above-mentioned, on the penalty of being made prize without hopes of redemption, if they are seized by either of the Confederates. Nor shall either of the Confederates permit that the enemies or rebels of the other be assisted by any of their subjects, or that their ships be sold, lent, or in any manner made use of by the enemies or rebels of the other, to His disadvantage or detriment. III. But it shall be lawful for either of the Confederates, and His people or subjects, to trade with the enemies of the other, and to carry them any goods whatsoever, which are not excepted as above, without any impediment: provided they are not carried to those ports or places which are besieged by the other; in which case they shall have leave either to sell their goods to the besiegers, or to repair with them to any other port which is not besieged. *Renewed by Article II of the Treaty of Orebro, 1812. |