board the Ships; nor shall the People of the said King of Great Britain, or his Subjects, be therefore molested in their Persons or Estates by arrest or other detention whatsoever; but only the Subjects of the King of Denmark, who shall have presumed to sell or alienate any the like prohibited timber, shall be punished in due manner. And the People and Subjects of the King of Great Britain shall have, possess, and enjoy, all and singular the contents and concessions of this Article, without any molestation or interruption, so long, and for all such time as the Subjects or any of the People of The United Netherlands, shall hold, possess, and enjoy, or might, or ought to hold, possess, and enjoy, the same or like privileges by any Treaty already made, or to be made, or by any Contract, agreement, or permission. XII. It is also concluded and agreed, that all Ships belonging to the Subjects of the King of Great Britain, and Merchants, in their passage through the Sound, under the Most Serene King of Denmark and Norway, &c., shall enjoy, after the same manner, the benefit and privilege of deferring the payment of their Customs until their return, as they held and enjoyed in former years last, preceding the late War; but so nevertheless, that the said Ships and Merchants bring with them Certificates under the Seal of the Officers of the said King of Great Britain deputed thereunto, testifying the said Ships to belong to Subjects of the King of Great Britain; and likewise that before their passage they give sufficient and good security for paying the same, in place convenient to the Collectors of the Customs of the said King of Denmark, at their return, or if they shall not return, within 3 months' time at the farthest, if they do not pay the same at their said first passage. XIII. And furthermore it is agreed, that whatsoever merchandise the Subjects of the King of Great Britain shall land at Elsinore, and there lay in their store-houses, to no other end than to put on board again entire, and transport them to other parts, they shall be obliged to pay only the same Duties for such merchandise, and no more, than is wont to be paid in this case by the Dutch Nation, or any other Strangers: which shall be reciprocally observed to the Subjects of the King of Denmark, after the same manner, in England. XIV. Also it is agreed that the Ships and Subjects of the King of Great Britain shall have their despatch at Elsinore as soon as they arrive there, without delay; no Ships, of what Nation soever, having preference before them in this behalf: except the Inhabitants of certain places, who have anciently held a privilege to that purpose, and still do. XV. If any Subject of either Prince shall happen to die in the Dominions or Territories of the other, it shall be lawful for him to dispose of his Estate, both money and goods, in any manner whatso ever: and if any one die within the Kingdoms or Provinces of the other Prince, without making any such dispositions, then the goods. by him left, moveable or immoveable, of whatever nature or condition the same shall be, shall be faithfully preserved for the use of the right Heir, and for satisfaction of such debts as the Party deceased was justly bound to pay; and to that end, so soon as any Subject of either Prince shall die in the other Prince's Dominions, the Consul or Public Minister, then residing there, shall have right to possess the said monies and goods, and shall make inventories of the same before some Magistrate of the place; which goods shall afterwards remain in his hands, to be answered to the Heirs and Creditors as aforesaid; but if no such Consul or Public Minister shall be there, then it shall be lawful for 2 Merchants of the same Country with the Party deceased, to possess the goods left by him, to preserve them, and in like manner to answer them to the Heirs and Creditors; which, notwithstanding, is to be so understood, that no Papers or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate, but only the real goods and merchandise of the Deceased; and that the said Magistrate within the space of 48 hours after notice given, and request made, shall be obliged to be present, otherwise the said inventories shall be made without him. XVI. It shall be lawful for either of the Confederates and their Subjects or People, to trade with the Enemies of the other, and to carry to them, or furnish them with any merchandises (prohibited only, which they call Contraband, excepted) without any impediment, unless in Ports and places besieged by the other; which, nevertheless, if they shall so do, it shall be free for them either to sell their goods to the Besiegers, or betake themselves to any other Port or place not besieged. XVII. It is also agreed that it shall be free and lawful for the Subjects of either Prince, trading in the Dominions or Ports of the other, there to remain and reside for the buying and selling commodities, without any restriction of time, or limitation to be imposed upon them by any Officers or Magistrates of the said Dominions or Ports, they paying the accustomed Duties for all goods and merchandise by them imported or exported; and further provided that they trade with none but such as are Citizens, or Burgers of some City or Town within the Kingdoms of Denmark or Norway, and that only by wholesale, and not by parcels or retail. XVIII. Furthermore, for the better encouragement of trade and commerce, and for the utter avoiding of all frauds and disputes that may arise between the Officers of Ports and Merchants, it is agreed and concluded, that all and singular Duties shall be demanded and paid according to the printed Tariffe, (or Book of Rates,) wherein shall be comprised all Customs and Duties to be paid, as well for goods in [1812-14.] 2 C the respective Ports, as for passage through the Sound: and to the end that this may be the more strictly observed, both Kings shall not only enjoin his Officers and Collectors of his Customs under the highest penalty, not to do any thing that may frustrate or elude this agreement; but also that they do not, by molestation or exaction, cause any trouble, or offer any injury to the Subjects of either King. XIX. Moreover, it is concluded and agreed, that the King of Denmark shall constitute the Overseers of his Customs or others, Commissioners for re-measuring all Ships belonging to the Subjects of the King of Great Britain trading in Norway, according to their burden and content, so as that what has been hitherto not rightly observed, either in excess or defect, may be hereafter reduced into better order. XX. But lest such freedom of navigation, or passage of the one Ally and his Subjects and People, during the War that the other may have, by sea or land, with any other Country, may be to the prejudice of the other Ally, and that goods and merchandise belonging to the Enemy may be fraudulently concealed under colour of being in amity; for the preventing of fraud, and clearing all suspicion, it is thought fit that the Ships, Goods, and Men, belonging to the other Confederate, in their passage and voyages, be accompanied with Letters of Passport and Certificate; the forms whereof to be as follows: CHARLES the Second, by the grace of God, King of Great Britain, &c. CHRISTIAN the Fifth, by the grace of God, King of Denmark and Norway, &c. Be it known unto all and singular to whom these our Letters of Safe Conduct shall be shown, that our Subject and Citizen hath humbly represented unto us, of our City of of the burthen of tons, that the Ship called doth belong unto them and others our Subjects, and that they are sole Owners and Proprietors thereof, and is now laden with the goods which are contained in a Schedule which she hath with her from the Officers of our Customs, and do solely, truly, and really belong to our Subjects or others in neutrality, bound immediately from the Port of to such other place or places, where she may conveniently trade with the said goods, being not prohibited, nor belonging to either of the Parties in hostility, or else find a freight; which the foresaid our Subject, having attested by writing under his hand, and affirmed to be true by oath, under penalty of confiscation of the said goods, we have thought fit to grant him these our Letters of Safe Conduct: and therefore we do hereby respectively pray and desire all Governors of Countries and Seas, Kings, Princes, Commonwealths, and Free Cities, and more especially the Parties now in War, and their Commanders, Admirals, Generals, Officers, Governors of Ports, Commanders of Ships, Captains, Freighters, and all others whatsoever having any jurisdiction by sea, or the custody of any Port whom the Ship aforesaid shall chance to meet, or among whose Fleet or Ships it shall happen to fall or make stay in their Ports, that by virtue of the league and amity which we have with any King or State, they suffer the said Master with the Ship persons, things, and all merchandise on board her, not only freely and without any molestation, detention, or impediment, to any place whatsoever to pursue his voyage, but also to afford him all offices of civility, as to our Subject, if there shall be occasion; which upon the like or other occasion we and ours shall be ready to return. Given the day of in the year WE, the President, Consuls, and Senators of the City of in the year and appeared Town of day of personally before us came Citizen and Inhabitant of the City or and under the oath wherein he stands bound to our Sovereign Lord the King, did declare unto us, that the Ship or Vessel called of the burthen of belong to the Port, City, or Town of tons doth in the Province of ; And that the said Ship doth justly belong only to him and others, Subjects of our said Sovereign Lord, and now bound directly from the Port of laden with the goods mentioned in a Schedule received from the Officers of the Customs, and that he hath affirmed under the oath aforesaid, that the forementioned Vessel with her goods and merchandise doth only belong to Subjects of His Majesty, and doth carry no goods prohibited, which belong to either of the Parties now in War. In testimony whereof, we have caused this Certificate to be subscribed by the Syndic of our City, and sealed with our Seal, Given, &c. WHEN therefore the merchandise, goods, Ships, or Men of either of the Confederates and their Subjects and People, shall meet in open Sea, Straits, Ports, Havens, Lands and places whatsoever; the Ships of War, whether public or private, or the Men, Subjects, and People of the other Confederate, upon exhibiting only the foresaid Letters of Safe Conduct and Certificate, there shall be nothing more required of them, nor shall search be made after the goods, Ships, or Men, nor shall they be any other ways whatsoever molested or troubled, but suffered with all freedom to pursue their intended voyage; but if this solemn and set form of Passport and Certificate be not exhibited, or that there be any other just and urgent cause of suspicion, then shall the Ship be searched, which is nevertheless in this case only understood to be permitted, and not otherwise. If by either Party any thing shall be committed contrary to the true meaning of this Article, against either of the Confederates, each of the said Confederates shall cause his Subjects and People offending to be severely punished, and full and entire satisfaction to be forthwith given, and without delay, to the Party injured and his Subjects and People for their whole loss and expenses. XXI. It is also concluded and agreed, that all Ships of Subjects and People of the King of Great Britain, together with their lading and merchandise, passing by the Port of Gluckstad, or other Places and Towns under the Dominion of the King of Denmark, situate upon the Elbe Stream, both going and returning, shall be free and exempt from all custom, impost, search, seizure, and molestation, except only the case of search in the time of War, when the King of Denmark hath War with any other King or State. XXII. If the Subjects of either Prince be hurt or injured in the Territories of the other; then the King of that place where the injury is done, shall take care that speedy justice be administered according to the Laws and Customs of the Country; and that the Persons guilty be duly punished, with satisfaction to be made to the Party wronged. XXIII. It is also agreed, that no Ships whatsoever, Vessels, or merchandise laden on Ships of whatsoever nature, kind, or quality, howsoever taken, belonging to any the Subjects of either of the aforesaid Kings, under any colour or pretence whatsoever, be adjudged Prize, unless by a judicial examination and process in form of Law, in a Court of Admiralty for Prizes taken at sea, in that behalf lawfully constituted. XXIV. Both Parties shall cause justice and equity to be administered to the Subjects and People of each other, according to the Laws and Statutes of either Country, speedily, and without long and unnecessary formalities of Law and expences, in all causes and controversies, as well now depending, as which may hereafter arise. XXV. If the Ships of either of the Confederates, and their Subjects and People, whether they be Merchant-men, or Men-of-war, shall happen to run on ground, or fall upon rocks, or be forced to lighten themselves, or shall otherwise suffer shipwreck (which God forbid) upon the Coasts of either King, the foresaid Ships with their tackle, goods, and merchandise, or whatsoever shall be remaining of them, shall be restored to their Owners and Proprietors; provided they or their Agents and Proctors do claim the said Ships and goods within the space of a year and a day after such shipwreck suffered, saving always the Rights and Customs of both Nations. The Subjects also and Inhabitants dwelling upon the said Coasts and Shores, shall be obliged to come in to their help, in case of danger, and as much as in them lies to give |