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Vol. I. Ch. II.
DENMARK.

DENMARK. (1)

1. It is covenanted, accorded, and concluded, that there be a sincere, true, and perfect friendship, peace, and alliance for ever, between both the Kings, their Heirs and Successors, Kingdoms, Provinces, and Principalities, Subjects and Vassals, of what condition, dignity, and degree soever, as well those who now are, as who hereafter shall be, both by land and sea, in rivers, freshwaters, and every where; so as they neither do wrong one to the other, nor the one cause any damage or harm to the Kingdoms, Provinces, Subjects, and Vassals of the other, nor as much as in them lies suffer or consent that the like be done by other persons; but that they adhere each to other in sincere amity and love, and that the one promote to His uttermost the advantage and commodity of the other, and of each other's subjects respectively as His own; but that they hinder and prevent each other's losses and destruction, both by fact, counsels, and all their power.

2. But if either of the foresaid Kings, their Heirs and Successors, shall come to know that any thing is negociated, desired, or treated, which may turn to the prejudice of the other, then He shall be bound as soon as ever the same is made known unto Him, to discover it to the other; and, as much as in Him lies, to hinder it.

3. The foresaid Kings do religiously promise for themselves, their Heirs and Successors, respectively, that they will not at any time give any warlike aid or supplies to the enemies of each other, nor suffer that their subjects, of what state and condition soever they be, shall, either under the pretence of trade or any other borrowed colour whatsoever, by any means help the enemies of the said Princes, or of either of them, nor furnish them with soldiers, money, provisions, arms, engines, guns, ships, and other things fit and necessary for waging war, nor cause the same to be furnished by others; but if any the subjects of the said Kings shall presume to offend herein, then every of the Kings whose subjects shall have so offended, shall be bound to inflict most severe punishments upon them, as league-breakers and seditious persons.

5. It is also agreed, that neither of the foresaid Kings shall harbour, or suffer in His Kingdoms or Provinces, the enemies or rebels of the other, knowing them to be such.

6. It shall be free for the subjects of both Kings to come with their merchandize, as well by land as by sea, into the Kingdoms, Provinces, MartTowns, Ports, and Rivers of the other, and there to converse and trade, paying the usual customs and duties, saving always the sovereignty and right of either King, in their Kingdoms, Provinces, Principalities, and Territories, respectively.

7. It is also covenanted, accorded, and concluded, that the subjects of the Most Serene King of Great Britain, may in no wise come unto forbidden ports, (whereof mention is made in former Treaties,) without the special licence of the King of Denmark and Norway, desired and obtained, unless evident danger of the sea, or violence of storms, shall force them to approach, or enter; where then it shall in no case be lawful for them to trade or merchandize.

(1) As to Treaties between Great Britain and Denmark in particular, and decisions

(2) Renewed by Article 13. of the Treaty of Kiel, 1814.

Treaty between
Great Britain
and Denmark.
Signed at White-

hall, 13th of
February
1660-1. (2)

Vol. I. Ch. II.
DENMARK.

8. It is also covenanted, accorded, and concluded, that in case any one suffer shipwreck upon the coasts of the other King, he may freely challenge and lay claim to the broken and wreckt vessel, with the goods, (saving the right of any place whatsoever,) neither shall any thing be a prejudice or hindrance to him therein; but rather the inhabitants of the place shall be obliged, if it be desired of them, to be aiding to him who hath suffered shipwreck, upon reasonable consideration for their labour, to recover such things as can be saved of the wreck.

9. If the subjects of either King be wronged, injured, or endamaged in the Territory of the other, then the King of that place where the wrong is offered, shall take care that speedy justice be done according to the rights and accustomed laws of the country, and that due punishment be inflicted upon those who have committed the offence or injury, with reparation to be made unto the suffering parties.

10. No private injury shall in any sort weaken this Treaty, nor beget hatred or dissensions between the foresaid nations; but every one shall answer for his own proper fact, and shall be prosecuted thereupon; neither shall one man satisfy for the offence of another by reprisals, or other such like odious proceedings, unless justice be denied, or unreasonably delayed, in which case it shall be lawful for that King, whose subject hath suffered the loss and injury, to take any course according to the rules and method of the law of nations, until reparation be made to the sufferer.

11. The foresaid Kings have also covenanted, that if hereafter (which yet we hope will not be, and pray that God of His mercy would prevent) there should happen to arise any dissensions or differences between these Kings or Kingdoms, endeavours shall be used, that the same may be composed in an amicable way; nor shall this present league be therefore any way abolished or made void.

12. It is further agreed, that by no agreements, covenants, Articles, or clauses contained in this present Treaty, former Treaties or Leagues heretofore made between the foresaid Confederates, or their Royal Predecessors, as well for the realms of England, Scotland and Ireland, as for the Hereditary Kingdoms of Denmark and Norway respectively, be no way deemed to be taken away or abrogated, but that they remain perpetually in their ancient force, stability, and vigour, so far forth as they are not contrary or repugnant to the present Treaty, or to any of the Articles therein contained.

13, It is also covenanted and concluded, that the people and subjects of the King of England, Scotland, France, and Ireland, sailing unto any the Hereditary Kingdoms, Principalities or Dominions of the King of Denmark and Norway, or exercising merchandize therein, shall pay neither more nor greater customs, tributes, tolls, and other duties, nor in other manner than as the people of the United Provinces of the Netherlands, and other strangers (the Swedes only excepted) trading thither, and paying less customs, do or shall pay; and that as well in going, returning and staying, as also in fishing and trading, they shall enjoy the same liberties, immunities and privileges, which the people of any foreign nation whatsoever, abiding or trading in the said Kingdoms and Dominions of the King of Denmark and Norway, do or shall enjoy. On the other side, the people and subjects of the King of Denmark and Norway, shall use and enjoy the same privileges in the Countries and Dominions of the King of England; to wit, that the people and subjects of the King of Denmark and Norway sailing unto any the Kingdoms, Principalities or Dominions of the King of England, or exercising merchandize therein, shall pay neither more nor greater customs, tributes, tolls, and other duties, nor in any other manner than as the people of the United Provinces

of the Netherlands, or other strangers trading thither, and paying less customs, do or shall pay, and that as well in going, returning and staying, as also in fishing and trading, they shall enjoy the same liberties, immunities, and privileges which the people of any foreign nation whatsoever, abiding or trading in the said Kingdoms and Dominions of the King of England, do or shall enjoy. But so that the Sovereign Power of both Kings, in their Kingdoms, Principalities, Dominions, and Ports, respectively, to appoint and change customs and any other matters according to the occasion, be preserved, and remain inviolate; provided the said equality be strictly observed on either Part in manner aforesaid.

14. It is also agreed, that in case the subjects and inhabitants of either of the Confederates, with their shipping (either by reason of pirates chasing them, or by stress of weather, or by any other inconvenience), be forced to repair into the rivers, creeks, bays or ports, of the other Confederate, there to seek harbour, they shall be kindly and courteously used by the magistrate and inhabitants of such place; and it shall be lawful for them to provide themselves at a reasonable price with those things which shall be necessary for the repairing of their ships, and freely to depart again without any hindrance or search, and paying no tolls and customs; provided, they do not carry out of their ship or ships, any goods or packs, nor expose them to sale, nor have or receive on board persons guilty or suspected of any crime, or prohibited goods, nor finally do any thing repugnant to the laws, statutes or customs of that place and port where they shall arrive.

15. If it shall happen that the ships of either of the confederates, and of their subjects and inhabitants (whether they be ships of war or of burthen), do run aground, or split upon rocks, or by any accident whatsoever suffer shipwreck (which God forbid) upon or about the coasts of the other, the foresaid ships, with all their tackle, goods and merchandize, or whatsoever remains of them, shall be restored to their owners and proprietors, provided they or their Commissioners or Deputies challenge and claim the ships or goods within the space of one year after the wreck hath happened, (saving always the rights and customs of every nation whatsoever): also the subjects and inhabitants dwelling upon such shores and coasts shall be obliged to succour them in their danger, and help them as much as they are able, and shall use all diligence, either to deliver the ship, or save the goods, merchandize, tackle, and other things that may be preserved; which are to be conveyed into some safe place, that they may be restored to the owners; yet paying to those persons by whose pains and care the goods shall be recovered and kept, the expences and recompences which they shall deserve.

16. Each party shall in all causes and controversies now depending, or hereafter to commence, cause justice and right to be speedily administered to the subjects and people of the other Party, according to the laws and statutes of each country, without tedious and unnecessary delays and charges.

17. It is also covenanted and agreed, that all ships belonging to English subjects and inhabitants, together with their ladings and merchandize, sailing by the fort of Gluckstadt, or other towns and places under the King of Denmark's Dominions, situate upon the river of Elbe, shall, both in going and coming back, be free and exempt from all custom, toll, search, stop, and molestation, except only the case of search in time of war, when the King of Denmark shall be in hostility with any other Prince or State.

18. It is also agreed, that firs, masts, and other sorts of timber, after once they are laden upon the ships of the English subjects or inhabitants, shall be no further subject to be visited, but all visits and searches shall be made

Vol. I. Ch. II.
DENMARK.

DENMARK.

Vol. I. Ch. II. before, and if then either oak or other prohibited timber be found, they shall forthwith be stopped upon the place before they be brought on board; neither shall the persons or goods of the people of the King of England, or of His subjects, be, for that cause, any way molested, either by arrest, or any other kind of detention; but the subjects only of the King of Denmark, who shall have presumed to sell or alienate such like prohibited timber, shall be punished for the offence after the accustomed manner: and the people and subjects of the King of England shall have, possess, and enjoy all and singular the things contained and granted in this Article, without any molestation and interruption, so long and during all the time that the subjects or any of the people of the United Provinces of the Netherlands have, possess, and enjoy, or ought, or might have, possess, or enjoy the same, or the like, by any Treaty, covenant, agreement, or permission whatsoever made or to be made.

19. For the greater security of trade, and freedom of navigation, it is covenanted and agreed, that neither Party shall, (as much as is possible, and as far as they are able,) suffer open pirates, or other robbers of that kind, to make their retreats in the ports of either's Kingdom or Country, or shall permit any of the inhabitants or people of either to harbour or relieve them, or any way assist them; but on the contrary, shall use means that the foresaid pirates and robbers, and their partners and abettors, may be apprehended, and suffer condign punishment, and that the ships and goods (so much of them as can be found) may be restored to their lawful owners or their attornies, so as their right be made to appear by due and legal proof in the Court of Admiralty for maritime Causes.

20. It is covenanted and agreed, that the subjects and people of either Party shall always have free access to the ports and coasts of the other Confederate; and it shall be lawful for them to abide there, and thence to depart again, and also to pass through the Seas and Territories whatsoever of either King respectively, (doing no damage or prejudice,) not only with merchant ships, but also with men of war, whether they be public, or belong to those who shall have obtained private commissions, and whether they come through violence of the weather, or to avoid the danger of the sea, or to repair their ships, or buy provisions; so as they exceed not the number of six men of war, if they come in of their own accord, nor stay longer in or about the ports than will be requisite to repair their ships, and furnish themselves with victuals, or other necessaries: and if upon occasion they would approach such ports with a greater number of men of war, they shall by no means be permitted to enter, unless timely notice of their coming be first given by letter, and leave obtained of those to whom the foresaid ports belong; but if they be driven by violence of storm, or other urgent necessity to seek shelter, in such case, without any notice given beforehand, the ships shall not be restrained to a certain number; but with this condition, that their commander shall immediately upon their arrival acquaint the Chief Magistrate or the Governor of that place, port, or coast where they arrive, with the cause of their coming; neither shall he stay longer there than the Chief Magistrate or Governor will permit, and shall neither do nor attempt any hostile act in the ports whereinto he shall repair, nor any thing prejudicial to that Ally unto whom the ports belong.

21. It is also covenanted, that no ships, or shipping, goods, or merchandize, laden in any ships, of what nature, kind or quality soever, howsoever taken, belonging to the subjects of either King, shall, under any colour or pretence whatsoever, be adjudged prize, unless by a judicial examination and proceeding in form of law in the Court of Admiralty, legally ordained in that behalf for such like maritime prizes.

DENMARK.

22. It is also covenanted and agreed, that all ships and merchants of Eng- Vol. I. Ch. II. land, in their passage through the Sound appertaining to the King of Denmark and Norway, shall enjoy the benefit and privilege of deferring the payment of customs until their return, in the same manner as they enjoyed the five years last past; but so that the said ships and merchants carry with them Certificates under the Seal of the Officers of His said Majesty of England thereunto appointed, witnessing that those ships belong to the subjects of the King of England; and also, that before their passage they give good and sufficient security to make the said payment in due place unto the receivers of the King of Denmark's customs, at their return, or if they return not within three months at the furthest, in case they do not pay the same in their said first passage.

23. It is also concluded, that the ships and subjects of the King of England shall receive their dispatch and discharge at Elsinore, as soon as they arrive, without any delay, no ships of any nation whatsoever to have a preference in that behalf before them, except the inhabitants of certain places who have obtained such a privilege of old in this case, and enjoy the same to this day.

24. It is also agreed, that if the Dutch, or any other nation whatsoever, (the Swedish only excepted,) hath already obtained, or hereafter shall obtain, of the King of Denmark and Norway, any better agreements, covenants, exemptions, and privileges, than those contained in this Treaty, the same and such like shall be communicated and effectually granted, freely and with all fullness, to the King of England and to His subjects; and on the other side, if the Dutch, or any other nation whatsoever, hath obtained, or shall hereafter obtain, of the King of England, any better agreements, covenants, exemptions, or privileges, than those contained in this Treaty, the same and such like shall be communicated and effectually granted, freely and with all fullness, to the King of Denmark and Norway, and to His subjects.

25. Lastly, it is covenanted, agreed, and concluded, that the aforesaid Most Serene Princes and Kings shall sincerely and faithfully observe all and singular the Articles contained and established in this present Treaty, and cause the same to be observed by their subjects and inhabitants; neither shall they break them directly or indirectly, nor suffer them to be broken directly or indirectly, by their subjects or inhabitants; and shall ratify and confirm all and singular the things covenanted as aforesaid by letters patent, sub. scribed with their own hands, and sealed with their great seals, drawn up and engrossed, in sufficient, valid and effectual form, and shall interchangeably deliver the same, or cause them to be delivered within three months after the date of these presents, faithfully, really, and effectually. Done at Whitehall, the 13th of February 1660-1.

1. That there be between the two Kings, their Heirs and Successors, as also their Kingdoms, Principalities, Provinces, Estates, Counties, Islands, Cities, Subjects, and Vassals, of what condition, dignity and degree soever, by land and sea, in rivers, fresh waters, and all places whatsoever, as well in Europe as out of Europe, now and for the time to come, a sincere, true, and perfect friendship, peace, and confederation; so as that neither Party do any wrong, injury, or prejudice to the Kingdoms, Principalities, Provinces and Estates, or to the Inhabitants and Subjects of the other; nor suffer any to be done by others, as much as in Him is: but rather live as friends together, using each other with good will and respect; and promoting upon all occasions the interests and advantages of each other, and their

(1) Renewed by Article 13, of the Treaty of Kiel, 1814.

Treaty between
Great Britain
Signed at Copen-

and Deumark.

hagen, 11th July 1670. (1)

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