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United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of them, from any Prince or State with which the said King mall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.


It shall not be lawful for any foreign privateers, not belonging to the subjects of the Most Christian King, nor citizens of the said United -States, who have commission from anv other Prince or State at enmity with either nation, to fit their ships iri the ports of either the one or the other , of the aforesaid parties, to sell what they have taken, or in any other manner iwhatfoever to exchange their ships, merchandizes, or any other lading; neither shall they be allowed even to purchase victuals, except . such as shall be necessary for their going to the next port of that Prince or State from which they have commissions, r* •


ARTICLE XXIII. It (hall be lawful for all and singular the subjects of the Most Christian King, and tlre citizens, people, and inhabitants of the said United 6tates, to fail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandize laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with the Most Christian King or the United States. It shall likewise be lawful for the subjects and inhabitants aforesaid to sail with the ships and merchandizes aforementioned, and to trade with the fame liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same prince or under several. And it is hereby stipulated, that free ships shall also have a freedom to carry goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging E e 3 to to the subjects of either of the confederates, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the fame liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are sojdiers and in actual service of the enemies,


This liberty of navigation and commerce shall extend to all kinds of merchandizes, except those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods shall be comprehended arms, great guns, bombs with their fuses and other things belonging to them, cannon ball, gun-powder, match, pikesj swords, lances, spears, halberds, mortars, petards, grenadoes, salt-petre, mu(kets, musketball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which

follow follow shall not be reckoned among contraband or prohibited goods; that is to fay, all forts of clothes, and all other manufactures woven of any wool, slax, silk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals; as also wheat and barley, and any other kind of corn or pulse, tobacco, and likewise all manner of spices, salted and smoaked slesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all forts of salts, and in general all provisions which serve for the nourishment of mankind and the sustenance of life: furthermore, all kinds of cotton, hemp, slax, tar, pitch, ropes, cables, fails, fail-cloth, anchors, and any parts of anchors, also ships masts, planks, boards and beams of what trees soever, and all other things proper either for building or repairing (hips, and all other goods whatr ever which have not been worked into the form of any instrument or thing prepared for war by land or sea, (hall not be reputed contraband, much less such as have been aU Ee { ready

ready wrought up for any other use; all of which shall be wholly reckoned among free goods; as likewise all other merchandizes and things which arc not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects of both confederates even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up or invested. ARTICLE XXV.

To the end that all manner of dissentions and quarrels may be avoided and prevented on one side and the other, it is agreed, that in cafe either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or people of the other ally must be furritslied with sea letters or passports, expressing the name, property and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport shall be made out and granted ac-r


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