42. When Process shall be moved in the first or second inftance between those that have taken the Prizes at Sea, and the perfons interested therein, and the faid interested Perfons fall come to obtain a favourable Judgment or Decree, the faid Judgment or Decree fall bave its Execution upon Security given, notwithfranding the Appeal of him that took the Prize But the fame shall not hold on the contrary. And that which is faid in this prefent, and in the precedent Articles, for the causing of good and Speedy Juftice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects, fhall be understood and practifed by the States General, in regard of Prizes taken by their Subjects from thofe of His Majefty.

IV. It is alfo Covenanted, That these above written Separate Articles, and all and every thing therein contained and concluded, fhall be confirmed and ratified by the faid King of Great Britain, and the faid States General of the United Provinces, by Letters Patents of both Parties Sealed with their Great Seal in due and authentick form, within Four Weeks next enfuing, or fooner, if it may be; and mutual Inftru ments fhall be exchanged at Breda within the forefaid time; and the fame fhall be published after the delivery and exchange thereof, in the ufual Form and Place.

21

Done at Breda the day of July, 1667.

31

A Form of the Pafsports and Certificates that ought to be given in the Admiralty of France, to the Ships and Barques that go out thence, according to the Article of the prefent Treaty. Duke of Vendome, Peer and great Master, Chief and Superintendent General of the Navigation and Commerce of France: To all who fhall fee these prefents, Greeting.

We do make known, That we have granted leave and permiffion to

Conductor of a Ship called

City of

Mafter and of the

of the burthen of Tuns or thereabouts, being at present

in the Port and Haven of

to go

after fearch fhall have been made of his Ship, and be

P

before

before his departure fhall make oath before the Officers that exercife the Jurifdiction of Maritime Causes, That the faid Veffel doth belong to one or more of his Majefties Subjects, an A&t whereof shall be put at the bottom of the Prefents, as alfo to keep and cause to be kept by thofe aboard him, the Orders and Rules of the Marine, and fhall put into the Regiftry the Roll figned and certified, containing the Names and Surnames, the Nativity and Habitation of the Men that are aboard him, and of all that shall imbarque themselves, whom he may not take on board without the knowledge and permiffion of the Marine Officers; and in every Port or Haven where he fhall enter with his Ship, fhall make appear to the Officers and Marine Judges concerning the prefent Licence, and fhall make them faithful relation of what hath been done, and hath paffed during his Voyage, and fhall carry the Flags, Arms, and Colours, both the Kings and Ours, throughout his whole Voyage. In witnefs whereof, we have figned thefe prefents, and caufed the Seal of our Arms to be put thereunto, and the fame to be counter-figned by our Secretary of the Marine, the day of one thousand

fix hundred

WE

of

Signed

Cefar of Vendome. And underneath,

By my Lord Matharel, and fealed with the Seal of the Arms of the faid Lord Admiral.

A Form of the At containing the Oath.

of the Admiralty do certifie, that Mafter of the Ship

named in the Pafsport above, hath taken the Oath therein mentioned. Made at

the day of

One thousand fix hundred, &c. Another Form of the Certificates that ought to be given by the Cities and Sea Ports of the United Provinces, to the Ships and Barques that go from thence, according to the Article abovefaid.

T

O the moft Serene, Moft Illuftrious, Illuftrious,
Moft Mighty, Moft Noble, Honourable, and

A

Prudent

Prudent Lords, Emperors, Kings, Common-wealths, Princes, Dukes, Comties, Barons, Lords, Burgomafters, Sheriffs, Counsellors, Judges, Officers, Juftices and Regents of all good Cities and Places, as well Ecclefiaftical as Secular, who fhall fee or read thefe Prefents. We Burgomafters and Governors of the City of do make known, That Ship-Mafter appearing before Us, hath declared by folemn Oath, that the Ship called containing about

A

Lafts, of which he is at prefent the Mafter, belongeth to Inhabitants of the United Provinces, So help him God And as we would willingly fee the faid Ship-Mafter affifted in his juft affairs, We do request you all in general and particular, that where the abovefaid Mafter fhall arrive with his Ship and Goods, it may please them to receive him courteously, and ufe him in due manner, fuffering him upon the ufual Rights of Tolls, and other Charges, in, through and nigh your Ports, Rivers and Territories, permitting him to fail, pafs, frequent and trade there where he fhall think fit. Which we fhall willingly acknowledge. In witness whereof we have caufed the Seal of Our City to be thereunto put.

The TREATY concluded, at the fame time, at BREDA between GREAT BRITAIN and FRANCE, was as follows, viz. *

Articles of Peace and Alliance between the most Serene and Mighty Prince, Charles the Second, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, e. and the Moft Serene and Mighty Prince, LEWIS XIV. The most Chriftian King.

Art. I. and fincere Peace and Amity between the

Hat there be an Univerfal, Perpetual, True

moft Chriftian King and the King of Great Britain, their Heirs and Succeffors, and between the Kingdoms, States, and Subjects of both; and that the fame be fo fincerely and seriously obferved and kept, that fhall promote the honour and advantage

one

P 2

of

*TREATY of Breda between GREAT BRITAIN and

FRANCE.

of the other; and that a faithful Neighbourhood' and fecure obfervation of Peace and Friendship may flourish again on every fide.

II. That all Enmities, Hoftilities, Difcords and Wars between the faid Kings and their Subjects, cease and be abolished; fo as they both do forbear and abftain hereafter from all plundering, depredation, harmdoing, injuries and infeftation whatfoever, as well by Land as by Sea, and in Frefh-waters, every where; and especially through all Tracts, Dominions and Places of eithers Kingdoms and Territories of what condition foever they be.

III. That all Offences, Injuries, Damages, which either of the faid Kings, or their Subjects have fuffered from the other during this War, be buried in Oblivion; fo that neither in regard of them, nor for the Caufe or Pretence of any other thing, neither Party, nor the Subjects of either, fhall hereafter do or caufe to be done or made, any Hoftility, Enmity, Moleftation or Hindrance to the other, by himself or by others, fecretly or openly, directly or indirectly, by colour of Right or way of Fact.

IV. That the ufe of Navigation and Commerce be free between the Subjects of both the faid Kings, as it was anciently in the time of Peace, and before the Denunciation of the late War; fo that every one of them may freely come into the Kingdoms, Provinces, Marts, Ports and Rivers of either Party, bringing their Merchandise, and Converfing and Trading there without Moleftation.

V. That all Prisoners on either fide, of what Degree, Dignity or Condition foever, be forthwith fet at li berty, without Ranfom or any other Price of their Freedom; Provided they pay what is lawfully due for Diet or other Caufe.

VI. That all Proclamations and Acts which by rea fon of this War either Party hath publifhed, to the prejudice of either, against the liberty of Navigation and Trade, be abrogated on both fides.

VII. That the most Chriftian King fhall with all fpeed, or at the furtheft within fix Months, to be reckoned from the day of fubfcribing this prefent Agree

ment

ment, reftore unto the King of Great Britain, or unto fuch as to that purpofe fhall receive his Commands duly paffed under the Great Seal of England, that part of the Isle of St. Chriftophers which the Englife poffeffed the first of January 1665. before the Declaration of the late War; And to that end the faid Moft Chriftian King fhall immediately upon the Ratification of this fame Agreement, deliver or caufe to be delivered unto the faid King of Great Britain, or fuch Ministers of his as fhall be thereunto appointed, all neceffary Inftruments and Orders duly dispatched.

VIII. But if any of the Subjects of the faid King of Great Britain fhall have fold the Goods which he poffeffed in that Ifland, and the price of the fale hath been paid unto him; he fhall not be restored and put into poffeffion of thofe Goods by vertue of the present Agreement, before he hath actually paid back the price of the Money he hath received.

IX. But if it happen (which yet is not known hitherto) that the Subjects of the faid moft Chriftian King are beaten out of the faid Ifland of St. Christophers by the Subjects of the abovementioned King of Great Britain, before or after the Subfcription of the prefent Agreement: Nevertheless, things fhall be restored unto that state and condition wherein they were in the beginning of the Year 1665, that is, before the Declaration of the War now determining: And the faid King of Great Britain, affoon as he hath Notice thereof, fhall without any delay deliver, or cause to be delivered unto the abovementioned moft Chriftian King, or his Minifters thereunto appointed, all Inftruments and Orders duly made, which are neceffary for that Reftitution.

X. Alfo, That the faid King of Great Britain do likewife restore unto the faid moft Chriftian King, or unto fuch as to that purpose fhall receive his Command duly paffed under the Great Seal of France, the Country which is called Acadia, lying in North-America, which the faid moft Chriftian King did formerly enjoy And to that end the faid King of Great Britain, hall immediately upon the Ratification of this Agreement, deliver or caufe to be delivered unto the faid

:

moft