Images de page

IV. Whereas in the 11th Article of the Treaty concluded at Upsal, the 11th of April, 1654, between Sweden and England, it was agreed, that although it was precautioned and prohibited by the preceding Articles, that either of the Confederates should give aid and assistance to the enemies of the other, yet it ought not to be understood, that that Confederate who is not involved in war with the enemy of the other, shall not be allowed to carry on trade with the said enemy of that Confederate: but it was only provided thereby, till there should be a farther agreement concerning this matter, that no goods or merchandize which we commonly call contraband shall be carried to the enemy of the other, without danger of being made prize, and without hopes of redemption, if they are seized by the other Confederate. In like manner, whereas by the 12th Article of the said Treaty, for the evading of all suspicions, lest the navigation or commerce of one of the Confederates, whether by land or sea, should be carried on during war to the prejudice of the other Confederate, or lest the goods of enemies should be carried under the disguise of the goods of friends, it was stipulated and concluded, that all ships, carriages, wares, and men, belonging to the other of the Confederates, should be furnished in their journey and passage with safe-conducts, commonly called Passports, and certifi cates, signed by the Chief Governor or Magistrate of that province and city from whence they came; and that those forms of the Passports and certificates were to be observed on which the Confederates should mutually agree on both sides; and when the merchandize, goods, ships, men of either of the Confederates, and His subjects and inhabitants, shall meet or be met by the ships of war, public or private, or the subjects and inhabitants of the other Confederate, in the open sea, straits, harbours, havens, lands, and other places, wheresoever or howsoever they shall come together, after producing only their safeconducts and certificates nothing farther should be demanded of them, no inquiry whatsoever should be made into the ships, goods, or men, much less should they be injured, damaged, or molested; but should be freely let go to prosecute their journey and purpose, as is above signified.

And whereas by the 14th Article it was stipulated, that the

said Treaty and Confederacy should derogate nothing from any pre-eminence of right and Dominion whatsoever of either of th Confederates, in any of their seas, straits, and waters whatsoever, but that they should have and retain the same to themselves in as ample a manner as they had all along enjoyed them, and as by right to them belonged; now, therefore, that a fitting draught of such certificates and Passports may be formed and observed, which may be answerable to the meaning of the aforesaid Articles, it is agreed and concluded on both sides, that for avoiding all frauds and concealments whatsoever of the enemies' goods, and all occasions of quarrels as to any certificates and Passports, such forms as are underwritten verbatim shall be observed, and subscribed and signed by the Chief Magistrate of that province and city from whence they come; that then the true names of the ships, carriages, merchandize, and masters of the ships be specified; as also the punctual days and times, without any fraud, together with other descriptions of that sort, which are expressed in the following form of a safe-conduct or certificate. Wherefore, if any person who shall declare upon the oath by which he is bound to his King, state, or city, that he has given in a true account, be convicted by sufficient proof of having concealed any fraud by his permission under his said Declaration, he shall be severely punished as a transgressor of the said oath.

Form of the Passport.

We N. N. Governor or Chief Magistrate of the Province or City of N. (the title or office of the respective Government of that place being added) do make known and certify, that on the day of the month of N. N. N. citizens and inhabitants of N. and who are engaged and bound as subjects of His Most Serene Royal Majesty of Sweden, and to our City, or of the Most Serene Lord Protector our Most Gracious Lord, and to our City, personally appeared before us in the city or town of N. in the Dominion (of His Most Serene Royal Majesty of Sweden, or of the Most Serene Lord Protector of England, just as it shall happen,) and declared to us, that the ship or vessel called N. of about lasts or tons, belongs to the port, city, or town of N. in the dominion of N. and that the said

ship does rightfully belong to him or other subjects of His Most Serene Royal Majesty of Sweden, or of the Most Serene Lord Protector; that she is now bound directly from the port N. to the port N. laden with the following merchandize, viz. (here shall be specified the goods, with their quantity and quality; for example, about so many chests or bales, hogsheads, &c. according to the quantity and condition of the goods,) and affirmed upon oath to the aforesaid N. that the said goods or merchandize belong only to the subjects of His Most Serene Royal Majesty of Sweden, the Most Serene Lord Protector of England, or expressing to whatever other nation they belong; and that N. N. N. have declared upon their said oath, that the said goods above specified, and no others, are already put on board or are to be put on board the above-named ship for the said voyage, and that no part of those goods belongs to any one whatsoever, but the persons above-mentioned; and that no goods are disguised or concealed therein by any fictitious name whatsoever, but that the merchandize above-mentioned is truly and really put on board, for the use of the said owners and no others; and that the Captain of the said ship named N. N. is a citizen of the city of N. Therefore, whereas after strict examination by us, the abovementioned (Governor or Chief Magistrate of the city aforesaid) it fully appears that the goods on board the said ship or vessel are free, and do truly and really belong to the subjects of His Most Serene Royal Majesty of Sweden, or of the Most Serene Protector, or to the inhabitants of other nations above-mentioned; we do most humbly and earnestly require it of all and singular the Powers by land and sea, Kings, Princes, Republics, and free cities; also of the Generals of armies, Admirals, Commanders, Officers and Governors of Ports, and all others to whom the custody of any harbour or sea is committed, which meet this ship in her voyage; or if she happen to fall in, among, or pass through their squadrons, or to stay in their harbours, that for the sake of the Treaties and friendship which subsist respectively between them, or whoever are his superiors, and the Most Serene King of Sweden, or the Most Serene Lord Protector our Most Gracious Lord, they will not only permit the said Captain with the ship N. and the men, goods, and merchandize to her belonging, to prose

cute her voyage freely without let and molestation; but also, if he think fit to depart elsewhere from such harbour, that they will shew all kind offices to him and his ships as a subject of His Most Serene Royal Majesty of Sweden, or of the Most Serene Lord Protector, as they shall in like manner experience the same from our Most Serene King, or our Most Serene Lord Protector, and all His Ministers and subjects in the like or any other case. In witness whereof we have taken care that these presents signed by our hands, be sealed with the seal of our city. Given at our Court.

V. Neither of those Confederates shall suffer the ships, vessels, goods, or merchandize of the other, or of His people or subjects, which are taken at sea or elsewhere by enemies or rebels, to be brought into their Ports or Dominions, but shall publicly forbid any thing of that kind to be done; and if any ships, vessels, goods, or merchandize of either, or His people or subjects, taken at sea or elsewhere, shall be carried into the ports or countries of the other by any enemy or rebel of the Confederates, or either of them, that Confederate into whose harbours they shall be carried, shall not suffer the same or any part thereof to be sold in that port, or any other place in their Dominion; but shall take care that the master of the ship or vessel so taken, as also the mariners and passengers, shall, as soon as they arrive, be immediately set at liberty, together with all the prisoners, subjects of either Kingdom or Republic, as many as shall be brought thither; nor shall he permit the said ship and vessel to stay in that harbour, but shall command the said ship, with her goods, merchandize and lading, immediately to leave the harbour. Provided nevertheless, that nothing in this Article be turned to the prejudice of the Treaties formerly entered into by either of the Confederates with other nations; and where these things do not interfere, the above Article shall remain in full force.

VI. It shall be free for the men of war and guard-ships of either of the Confederates to enter into the ports, havens, or rivers of the other, where such ships use to repair, and there to cast anchor, stay, and to depart from thence without any injury or molestation, provided these conditions are observed.



1. That it shall not be free to carry into the harbours of the Confederate any squadron, exceeding five or six ships, without giving some notice thereof beforehand.

2. That the commander of the squadron and ships shall, without delay, exhibit his letters of safe-conduct to the Governor of the castle, fort, city, or province, or acquaint the Magistrate of the place where he arrives with the reasons of his coming, and for what end, and how long he designs to stay in that port or haven.

3. That such ships shall not come or stay nearer to those castles or forts than is convenient.

4. That the mariners, ships' companies, and soldiers, shall not go ashore in bodies above forty at a time, nor in any number that may give suspicion.

5. That while they are there they shall not do any damage to any person, not so much as their enemies; and above all shall not stop or obstruct the passage of any merchant ships whatsoever, into or out of the harbour.

6. That they shall not leave their station for the sake of infesting the navigation of any nation whatever.

7. That they shall in all respects live and behave modestly, quietly, and conformably to the laws and customs of every place, and have special regard to the reciprocal friendship between the Confederates. Where the terms aforesaid are rightly observed according to the true meaning of the words, it shall be lawful for the men of war of either Confederate to keep upon the coasts, and continue in the harbours of the other Confederate, whether for avoiding tempests and enemies, or for rendezvousing and assembling merchant ships, or any other just causes. But if either of the Confederates shall think it advantageous or necessary to enter the ports of the other Confederate with a greater number of ships, and to enjoy the conveniences thereof, he shall signify the same to His Confederate two months beforehand, during which time the ways and means of admitting the same shall be settled.

VIII. The subjects of the said Most Serene Lord Protector and the said Republic shall also hereafter enjoy all the prerogatives in the several branches of trade, which they used to carry on in Prussia and Poland, or elsewhere, in the Dominions. of the said Most Serene King of Sweden, which they enjoyed

« PrécédentContinuer »