their respective subjects should be in the dominions of each other upon a footing as advantageous as thofe of other European nations, they agree, that in cafe they fhall hereafter grant any additional advantages in navigation or trade to any other European nations, they will reciprocally allow their faid fubjects to participate therein; without prejudice, however, to the advantages which they referve, viz. France in favour of Spain, in confequence of the 24th article of the Family Compact, figned the 10th of May, 1761, and England according to what he has practifed in conformity to, and in confequence of the convention of 1703, between England and Portugal. And to the end that every perfon may know, with certainty, the ftate of the aforefaid impofts, cuftoms, import and export duties, whatever they may be, it is agreed, that tariffs, indicating the impofts, customs, and established duties, fhall be affixed in public places, as well in Rouën and the other trading cities of France, as in London and the other trading cities under the dominion of the king of Great Britain, that recourfe may be had to them whenever any difference hall arife concerning fuch impofts, cuftoms, and duties, which fhall not be levied otherwife than in conformity to what is clearly expreffed in the said tariffs, and according to their natural conftruction. And if any officer, or other perfon in his name, fhall, under any pretence, publicly or privately, directly or indirectly, demand or take of a merchant, or of any other perfon, any fum of money, or any thing elfe, on account of duties, impoft, fearch, or compenfation, although it be under the name of a free gift, or under any other pretence, more or otherwife than what is above prefcribed; in fuch cafe the faid officer, or his deputy, if he be accused and convicted of the fame before a competent judge, in the place where the crime was committed, fhall give full fatisfaction to the injured party, and fhall likewife fuffer the penalty prefcribed by the laws. Art. VIII. No merchandize exported from the countries refpectively under the dominion of their majefties, fhall hereafter be fubject to be infpected or confiscated, under any pretence of fraud or defect in making or working them, or of any other imperfection whatfoever; but abfolute freedom fhall be allowed to the buyer and feller to bargain and fix the price for the fame, as they fhall fee good; any law, ftatute, edict, proclamation, privilege, grant, or custom to the contrary notwithstanding. Art. IX. Whereas feveral kinds of merchandizes, which are ufually contained in casks, chests, or other cafes, and for which the duties are paid by weight, will be exported from and imported into France by British fubjects; it is agreed, that in fuch cafe, the aforefaid duties fhall be demanded only according to the real weight of the merchan dizes; and the weight of the cafks, chefts, and other cafes whatever, fhall be deducted, in the fame man. ner as has been, and is now practifed in England. Art. X. It is further agreed, that if any mistake or error fhall be committed by any mafter of a fhip, his interpreter or factor, or by any other employed by him, in making the entry or declaration of her cargo, neither the fhip nor the cargo hall fhall be fubject, for fuch defect, to confifcation; but it shall be lawful for proprietors to take back again fuch goods as were omitted in the entry or declaration of the mafter of the ship, paying only the accuftomed duties according to the placart, provided always that there be no manifeft appearance of fraud: neither fhall the merchants or the mafters of ships, or the merchandize, be fubject to any penalty, by reafon of fuch omifion, in cafe the goods omitted in the declaration fhall not have been landed before the delaration has been made. Art. XI. In cafe either of the two high contracting parties fhall think proper to establish prohibitions, or to augment the import duties upon any goods or merchandize of the growth or manufacture of the other, which are not specified in the tariff, fuch prohibitions or augmentations fhall be general, and fhall compre. hend the like goods and merchandizes of the other moft favoured European nations, as well as thofe of either ftate; and in cafe either of he two contracting parties fhall revoke the prohibitions, or diminish the duties in favour of any other European nation, upon any goods or merchandize of its growth or manufacture, whether on importation or exportation, fuch revocations or diminutions fhall be extended to the fubjects of the other party, on condition that the latter fhall grant to the fubjects of the former the importation and exportation of the like goods and merchandizes under the fame duties; the cafes referved in the VIIth article of the prefent treaty always excepted. Art. XII. And forafmuch as a certain ufage, not authorized by any law, has formerly obtained in divers parts of Great Britain and France, by which French fubjects have paid in England a kind of capitation tax, called in the language of that country, head-money; and English fubjects a like duty in France, called argent du chef; it is agreed that the faid impoft fhall not be demanded for the future, on either fide, neither under the ancient name, nor under any other name whatsoever. Art. XIII. If either of the high contracting parties has granted, or fhall grant, any bounties for encouraging the exportation of any articles, being of the growth, produce, or manufacture of his dominions, the other party fhall be allowed to add to the duties already impofed, by virtue of the prefent treaty, on the faid goods and merchandizes, imported into his dominions, fuch an import duty as shall be equivalent to the faid bounty. But this ftipulation is not to extend to the cafes of reftitutions of duties and impofts (called drawbacks), which are allowed upon exportation. Art. XIV. The advantages granted by the prefent treaty to the fubjects of his Britannic majefty shall take effect, as far as relates to the kingdom of Great Britain, as foon as laws fhall be paffed there for fecuring to the subjects of his Moft Chriftian majesty the reciprocal enjoyment of the advantages which are granted to them by the present treaty. And the advantages granted by all these articles, except the tariff, fhall take effect, with regard to the kingdom of Ireland, as foon as laws fhall be paffed there for fecuring to the fubjects of his Moft Chriftian majefty the reciprocal enjoyment of the advantages which are granted to them by this treaty; and, in like manner, the advantages granted by the tariff fhall take effect, in what relates to the faid kingdom, as foon as laws fhall be paffed there for giving effect to the faid tariff. Art. XV. It is agreed, that fhips belonging to his Britannic majefty's fubjects, arriving in the dominions of his Moft Christian majefty, from the port of Great Britain or Ireland, or from any other foreign port, fhall not pay freight duty or any other like duty. In the fame manner, French fhips fhall be exempted in the dominions of his Britannic majefty, from the duty of five fhillings, and from every other fimilar duty or charge. XVI. It fhall not be lawful for any foreign privateers, not being fubjects of either crown, who have commiffions from any other prince or ftate, in enmity with either nation, to arm their fhips in the ports of either of the faid two kingdoms, to fell what they have taken, or in any other manner whatever to exchange the fame; neither fhall they be allowed even to purchase vi&tuals, except fuch as fhall be neceffary for their going to the nearest port of that prince from whom they have obtained commiffions. Art. XVII. When any difpute fhall arife between any commander of a ship and his feamen, in the ports of either kingdom, concerning wages due to the faid feamen, or other civil caufes whatever, the magiftrate of the place fhall require no more from the perfon accufed, than that he give to the accufer a declaration in writing, witneffed by the magiftrate, whereby he fhall be bound to antwer that matter before a competent judge in his own country; which being done, it shall not VOL. XXVIII. be lawful for the feamen to desert their fhip, or to hinder the commander from profecuting his voyage. It fhall moreover be lawful for the merchants in the places of their abode, or elsewhere, to keep books of their accounts and affairs, as they fhall fee fit, and to have an intercourfe of letters, in fuch language or idiom as they fhall chufe, without any moleftation or fearch whatfoever. But if it fhould happen to be neceffary for them to produce their books of accounts for deciding any difpute or controverfy, in fuch cale they fhall be obliged to bring into court the entire books or writings, but fo as the judge may not have liberty to take cognizance of any other articles in the faid books than fuch as fhall relate to the affair in queftion, or fuch as fhall be neceffary to give credit to the faid books; neither fhall it be lawful, under any pretence, to take the faid books or writings forcibly out of the hands of the owners, or to retain them, the cafe of bankruptcy only excepted. Nor fhall the fubjects of the king of Great Britain be obliged to write their accounts, letters, or other inftruments relating to trade, on ftamped paper, except their daybook, which, that it may be produced as evidence in any law-fuit, ought, according to the laws which all perfons trading in France are to obferve, to be indorfed and attefted gratis by the judge, under his own hand. Art. XVIII. It is further agreed and concluded, that all merchants, commanders of fhips, and others, the fubjects of the king of Great Britain, in all the dominions of his Moft Chriftian majefty in Europe, fhall have full liberty to manage [9] their 1 their own affairs themselves, or to commit them to the management of whomfoever they pleafe; nor fhall they be obliged to employ any interpreter or broker, nor to pay them any falary, unless they fhall chufe to employ them. Moreover, mafters of fhips fhall not be obliged, in loading or unloading their fhips, to make use of thofe perfons who may be appointed by public authority for that purpose, either at Bourdeaux or elsewhere; but it fhall be entirely free for them to load or unload their fhips by themfelves, or to make use of fuch perfon or perfons in loading or unloading the fame, as they fhall think fit, without the payment of any reward to any other whomfoever; neither fhall they be forced to unload into other ships, or to receive into their own, any merchandize whatever, or to wait for their lading any longer than they please. And all the fubjects of the Most Christian king fhall reciprocally have and enjoy the fame privileges and liberties, in all the dominions of his Britannic majefty in Europe. Art. XIX. The fhips of either party being laden, failing along the coafts of the other, and being forced by ftorm into the havens or ports, or making land there in any other manner whatever, fhall not be obliged to unlade their goods, or any part thereof, or to pay any duty, unless they, of their own accord, unlade their goods there, and fell fome part thereof. But it fhall be lawful, permiffion having been firft obtained from those who have the direction of maritime affairs, to unlade and fell a small part of their cargo, merely for the end of pur'chafing neceffaries, either for victualling or refitting the fhip; and in that cafe the whole lading shall not be fubject to pay the duties, but that fmall part only which fhall have been taken out and fold. Art. XX. It fhall be lawful for all the fubjects of the king of Great Britain, and of the Moft Christian king, to fail with their fhips, with perfect fecurity and liberty, no diftinction being made who are the proprietors of the merchandizes laden thereon, from any port whatever, to the countries which are now, or fhall be hereafter at war with the king of Great Britain, or the Moft Christian king. It shall likewife be lawful for the aforefaid fubjects to fail and traffic with their fhips and merchandizes, with the fame liberty and fecurity, from the countries, ports, and places of those who are enemies of both, or of either party, without any oppofition or difturbance whatsoever, and to pafs directly not only from the places of the enemy aforementioned to neutral places, but alfo from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurifdiction of the fame, or of se-veral princes. And as it has been ftipulated concerning fhips and goods, that every thing shall be deemed free, which fhall be found on board the ships belonging to the fubjects of the respective kingdoms, although the whole lading, or part thereof, fhould belong to the enemies of their majesties, contraband goods being always excepted, on the topping of which fuch proceedings fhall be had as are conformable to the fpirit of the following articles; it is likewife agreed, that the fame liberty be extended to perfons who are on board a free fhip, to the end that, al though though they be enemies to both, or to either party, they may not be taken out of such free fhips, unless they are foldiers, actually in the fervice of the enemies, and on their voyage for the purpose of being employed in a military capacity, in their fleets or armies. Art. XXI. This liberty of navigation and commerce fhall extend to all kinds of merchandizes, excepting thofe only which are fpecified in the following article, and which are defcribed under the name of contraband. Art. XXII. Under this name of contraband, or prohibited goods, fhall be comprehended arms, cannon, harquebuffes, mortars, petards, bombs, grenades, fauciffes, carcaffes, carriages for cannon, musket-refts, bandoleers, gunpowder, match, faltpetre, ball, pikes, fwords, headpieces, helmets, cutlaffes, halberds, javelins, holtfters, belts, horfes and harnefs, and all other like kinds of arms and warlike implements fit for the ufe of troops. Art. XXIII. Thefe merchandizes which follow fhall not be reckoned among contraband goods, that is to fay; all forts of cloth, and all other manufactures of wool, flax, filk, cotton, or any other materials, all kinds of wearing apparel, together with the articles of which they are ufually made, gold, filver, coined or uncoined, tin, iron, lead, copper, brafs, coals, as alfo wheat and barley, and any other kind of corn and pulfe, tobacco, and all kinds of fpices, falted and fmoaked flesh, falted fish, cheese and butter, beer, oil, wines, fugar, all forts of falt, and of provifions which ferve for fuftenance and food to mankind; alfo all kinds of cotton, cordage, cables, fails, failcloth, hemp, tallow, pitch, tar, and rofin, anchors and any parts of anchors, fhip mafts, planks, timber of all kinds of trees, and all other things proper either for building or repairing fhips. Nor fhall any other goods whatever, which have not been worked into the form of any inftrument, or furniture for warlike ufe, by land or by fea, be reputed contraband, much lefs fuch as have been already wrought and made up for any other purpose. All which things shall be deemed goods not contraband, as likewife all others which are not comprehended and particularly defcribed in the preceding article; fo that they may be freely carried by the fubjects of both kingdoms, even to places belonging to an enemy, excepting only fuch places as are befieged, blocked up, or invested. Art. XXIV. To the end that all manner of diffenfions and quarrels may be avoided and prevented on both fides, it is agreed, that in cafe either of their majefties fhould be engaged in a war, the fhips and veffels belonging to the fubjects of the other fhall be furnished with fea-letters or paffparts, expreffing the name, property, and bulk of the fhip, as alfo the name and place of abode of the mafter or commander of the faid fhip, that it may appear thereby that the fhip really and truly belongs to the fubjects of one of the princes; which paffports shall be made out and granted, according to the form annexed to the prefent treaty: they fhall likewife be renewed every year, if the ship happens to return home within the space of a year. It is alfo agreed, that fuch fhips when laden are to be provided not only with paffports as above mentioned, but also with cer tificates containing the feveral par[S] 2 ticulars |