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 alfo 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 foldiers and in actual service of the enemies,

ARTICLE XXIV.

This liberty of navigation and commerce fhall extend to all kinds of merchandizes, except thofe only which are diftinguished by the name of contraband; and under this name of contraband or prohibited goods fhall be comprehended arms, great guns, bombs with their fufes and other things belonging to them, cannon ball, gun-powder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, grenadoes, falt-petre, muskets, musketball, bucklers, helmets, breaft-plates, coats of mail, and the like kinds of arms proper for arming foldiers, musket refts, belts, horses with their furniture, and all other warlike inftruments 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, flax, filk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the fpecies whereof they are used to be made, gold and filver, as well coined as uncoined, tin, iron, latten, copper, brass, coals; as alfo wheat and barley, and any other kind of corn or pulfe, tobacco, and likewife all manner of fpices, falted and fmoaked flesh, falted fish, cheese and butter, beer, oils, wines, fugars, and all forts of falts, and in general all provifions which ferve for the nourishment of mankind and the fuftenance of life: furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail-cloth, anchors, and any parts of anchors, alfo fhips mafts, planks, boards and beams of what trees foever, and all other things proper either for building or repairing hips, and all other goods whatever which have not been worked into the form of any inftrument or thing prepared for war by land or fea, fhall not be reputed contraband, much lefs fuch as have been al

ready wrought up for any other use; all of which fhall be wholly reckoned among free goods; as likewife all other merchandizes and things which are 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 fubjects of both confederates even to places belonging to an enemy, such towns or places being only excepted as are at that time befieged, blocked up or invested.

ARTICLE XXV.

A

To the end that all manner of diffentions and quarrels may be avoided and prevented on one fide and the other, it is agreed, that in cafe either of the parties hereto fhould be engaged in war, the ships and veffels belonging to the subjects or people of the other ally must be furnished with fea letters or paffports, expreffing the name, property and bulk of the fhip, as also the name and place of habitation of the mafter or commander of the faid fhip, that it may appear thereby that the fhip really and truly belongs to the subjects of one of the parties, which paffport fhall be made out and granted according

cording to the form annexed to this Treaty; they shall likewise be recalled every year, that is, if the fhip happens to return home within the space of a year: it is likewife agreed, that fuch fhips being laden are to be provided not only with paffports as above mentioned, but alfo with certificates, containing the feveral particulars of the cargo, the place whence the fhip failed, and whither she is bound, that fo it may be known whether any forbidden or contraband goods be on board of the fame, which certificates fhall be made out by the officers of the place whence the fhip fet fail, in the accuftomed form; and if any one fhall think it fit or advisable to exprefs in the faid certificates the perfon to whom the goods on board belong, he may freely do fo

ARTICLE XXVI.

The fhips of the fubjects and inhabitants of either of the parties coming upon any coaft belonging to either of the faid allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, they shall be treated according to the general rules prefcribed

or

or to be prescribed relative to the object in question.

ARTICLE XXVII.

If the ships of the faid fubjects, people or inhabitants of either of the parties shall be met with, either failing along the coafts or on the high seas, by any ship of war of the other, or by any privateers, the faid fhips of war or privateers, for the avoiding of any disorder, fhall remain out of cannon fhot, and may fend their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his paffsport concerning the property of the ship, made out according to the form inferted in this prefent Treaty; and the fhip, when the shall have shewed such paffport, fhall be free and at liberty to pursue her voyage, so as it fhall not be lawful to moleft or fearch in any manner, or to give her chace, or to force her to quit her intended course.

ARTICLE XXVIII.

It is alfo agreed, that all goods, when once put on board the ships or veffels of either of the two contracting parties, shall be subject to

no