II. Whereas in the XIth article of the treaty lately made at Upfal in 1654, betwixt England and Sweden, it was agreed and fpecified what goods and merchandize fhould hereafter be declared contraband and prohibited; it is now by virtue of the faid article eftablifhed, that only those hereafter mentioned fhall be reckoned prohibited, and confequently not to be difpofed of to the enemies of either, viz. bombs with their fufees and other appurtenances, fire-balls, gunpowder, matches, cannon-ball, fpears, fwords, lances, pikes, halberts, guns, mortars, petards, granadoes, musket-rests, bandaliers, faltpetre, muskets, musketballs, helmets, head-pieces, breaft-plates, coats of mail, cuiraffes, and the like kind of arms; foldiers, horfes, with all their furniture, piftols, holfters, belts, and all other warlike inftruments; and alfo fhips of war. Money fhall also be reckoned among the goods with which the enemies are not to be fupplied, and which it fhall not be lawful to carry to the enemies of either, any more than the things above mentioned, on the penalty of being made prize without hopes of redemption, if they are feized by either of the confederates. Nor fhall either of the confederates permit that the enemies or rebels of the other be affifted by any of their fubjects, or that their fhips be fold, lent, or in any manner made ufe of by the enemies or rebels of the other, to his difadvantage or detriment.

III. But it shall be lawful for either of the confederates, and his people or fubjects, to trade with the enemies of the other, and to carry them any goods whatfoever, which are not excepted as above, without any impediment: Provided they are not carried to thofe ports or places which are befieged by the other; in which cafe they fhall have leave either to fell their goods to the befiegers, or to repair with them to any other port which is not befieged.

IV. Whereas in the XIth article of the treaty concluded at Upfal the 11th of April, 1654, between Sweden

Sweden and England, it was agreed, that although it was precautioned and prohibited by the preceding articles, that either of the confederates fhould give aid and affiftance, to the enemies of the other, yet it ought not to be understood, that that confederate who is not involved in war with the enemy of the other, fhall not be allowed to carry on trade with the faid enemy of that confederate: but it was only provided thereby, till there should be a farther agreement concerning this matter, that no goods or merchandize which we commonly call contraband fhall be carried to the enemy of the other, without danger of being made prize, and without hopes of redemption, if they are feized by the other confederate. In like manner, whereas by the XIIth article of the faid treaty, for the evading of all fufpicions, left the navigation or commerce of one of the confederates, whether by land or fea, fhould be carried on during war to the prejudice of the other confederate, or left the goods of enemies fhould be carried under the difguife of the goods of friends, it was ftipulated and concluded, that all fhips, carriages, wares, and men, belonging to the other of the confederates, fhould be furnished in their journey and paffage with fafe-conducts, commonly called paffports, and certificates, figned by the chief governor or magistrate of that province and city from whence they came; and that thofe forms of the paffports and certificates were to be observed on which the confederates fhould mutually agree on both fides; and when the merchandize, goods, fhips, men of either of the confederates, and his fubjects and inhabitants, fhall meet or be met by the ships of war, public or private, or the subjects and inhabitants of the other confederate, in the open fea, straits, harbours, havens, lands, and other places, wherefoever or howfoever they fhall come together, after producing only their fafe-conducts and certificates nothing farther fhould be demanded of them, no inquiry whatsoever should be made into the fhips, goods, or men, much less fhould they be injured, damaged, VOL. I.

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or molested; but fhould be freely let go to profecute their journey and purpose, as is above fignified."

And whereas by the XIVth article it was ftipulated, that the faid treaty and confederacy fhould derogate nothing from any preheminence of right and dominion whatsoever of either of the confederates, in any of their feas, ftraits, and waters whatsoever, but that they should have and retain the fame to themselves in as ample a manner as they had all along enjoyed them, and as by right to them belonged; Now therefore that a fitting draught of fuch certificates and paffports may be formed and obferved, which may be anfwerable to the meaning of the aforefaid articles, it is agreed and concluded on both fides, That for avoiding all frauds and concealments whatsoever of the enemies goods, and all occafions of quarrels as to any certificates and paffports, fuch forms as are underwritten verbatim fhall be observed, and subscribed and figned by the chief magiftrate of that province and city from whence they come; that then the true names of the fhips, carriages, merchandize, and mafters of the ships be specified; as alfo the punctual days and times, without any fraud, together with other defcriptions of that fort, which are expreffed in the following form of a fafe-conduct or certificate. Wherefore, if any person who fhall declare upon the oath by which he is bound to his king, ftate, or city, that he has given in a true account, be convicted by fufficient proof of having concealed any fraud by his permiffion under his faid declaration, he fhall be feverely punished as a tranfgreffor of the faid oath.

We N. N. governor or chief magiftrate of the province or city of N. [the title or office of the refpective government of that place being added] do make known and certify, that on the day of the month of N. N. N. citizens and inhabitants of N. and who are engaged and bound as fubjects of his moft Serene Royal Majefty of Sweden,

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and to our city, or of the moft Serene Lord Protector our most gracious Lord, and to our city, perfonally appeared before us in the city or town of N. in the dominion [of his moft Serene Royal Majesty of Sweden, or of the moft Serene Lord Protector of England, just as it shall happen] and declared to us, that the fhip or veffel called N. of about

lafts or tons, belongs to the port, city, or town of N. in the dominion of N. and that the faid fhip does rightfully belong to him or other fubjects of his moft Serene Royal Majefty of Sweden, or of the moft Serene Lord Protector, that fhe is now bound directly from the port N. to the port N. laden with the following merchandize, viz. [here fhall be specified the goods, with their quantity and quality; for example, about fo many chefts or bales, hogfheads, &c. according to the quantity and condition of the goods] and affirmed upon oath to the aforefaid N. that the faid goods or merchandize belong only to the fubjects of his most Serene Royal Majefty of Sweden, the moft Serene Lord Protector of England; or expreffing to whatever other nation they belong, and that N. N. N. have declared upon their faid oath that the faid goods above fpecified, and no others, are already put on board or are to be put on board the abovenamed fhip for the faid voyage, and that no part of thofe goods belongs to any one whatsoever, but the perfons abovementioned; and that no goods are disguised or concealed therein by any fictitious name whatsoever, but that the merchandize abovementioned is truly and really put on board, for the use of the faid owners and no others; and that the captain of the faid fhip named N. N. is a citizen of the city of N. Therefore whereas after strict examination by us the abovementioned [governor or chief magiftrate of the city aforefaid] it fully appears that the goods on board the said ship or veffel are free, and do truly and really belong to the fubjects of his moft Serene Royal Majefty of Sweden, or of the most Serene Protector, or to the inhabitants of other

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other nations abovementioned; We do moft humbly and earnestly require it of all and fingular the powers by land and fea, kings, princes, republics, and free cities; alfo of the generals of armies, admirals, commanders, officers and governors of ports, and all others to whom the custody of any harbour or sea is committed, which meet this fhip in her voyage; or if the happen to fall in, among, or pass through their fquadrons, or to ftay in their harbours, that for the fake of the treaties and friendship which fubfift refpectively between them, or whoever are his fuperiors, and the moft Serene King of Sweden, or the most Serene Lord Protector our most gracious Lord, they will not only permit the faid captain with the fhip N. and the men, goods, and merchandize to her belonging, to profecute her voyage freely without lett and moleftation; but alfo, if he think fit to depart elsewhere from fuch harbour, that they will fhew all kind offices to him and his fhips as a subject of his most Serene Royal Majefty of Sweden, or of the most Serene Lord Protector, as they shall in like manner experience the fame from our most Serene King, or our most Serene Lord Protector, and all his ministers and fubjects in the like or any other cafe. In witnefs whereof we have taken care that thefe prefents figned by our hands be sealed with the feal of our city. Given at our court.

V. Neither of thofe confederates fhall fuffer the fhips, veffels, goods, or merchandize of the other, or of his people or fubjects, which are taken at sea or elsewhere by enemies or rebels, to be brought into their ports or dominions, but fhall publicly forbid any thing of that kind to be done; and if any fhips, veffels, goods, or merchandize of either, or his people or fubjects, taken at fea or elsewhere, fhall be carried into the ports or countries of the other by any enemy or rebel of the confederates, or either of them, that confederate into whofe harbours they fhall be carried, shall not fuffer the fame or any part thereof to be fold in that port, or any other place in their dominion; but

fhall