SWEDEN. Vol. I. Ch. II. conformably to the laws and customs of the respective places, and not dis turbing 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. 10. 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. 11. 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. 12. 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 occasions. 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. SWEDEN. 13. In case it shall hereafter happen, that during this amity and confede- Vol. I. Ch. II. ration 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. 14. 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. 15. 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 endeavours 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. 16. 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. 17. 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 SWEDEN. Vol. I. Ch. II. 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. Treaty between Great Britain and Sweden. Done at Westminster, the 17th of July 1656. (1) Done at Upsal the 11th of April, (9th May), 1654. 2. 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, breastplates, 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 abovementioned, 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. 3. 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. 4. 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, com (1) Renewed by Article 2. of the Treaty of Orebro, 1812. monly called Passports, and certificates, 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 safe-conducts 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 the 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 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, (or 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 Vol. I. Ch. II. SWEDEN. Vol. I. Ch. H. 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 above-mentioned (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 prosecute 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. 5. 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. 6. 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: |