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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 same 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 soldiers and in actual service of the enemies,
ARTICLE XXIV. This liberty of navigation and commerce fhall 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, pikes, swords, lances, spears, halberds, mortars, petards, grenadoes, falt-petre, muskets, musketball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms proper for arming foldiers, musket rests, belts, horses with their furniture, and all other warlike instrumenţs whatever. These merchandizes which
follow shall not be reckoned among contraband or prohibited goods; that is to say, all forts of clothes, and all other manufactures woven of any wool, fax, filk, 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, falted and smoaked flesh, falted 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, flax, tar, pitch, ropes, cables, fails, fail-cloth, anchors, and any parts of anchors, also ships masts, planks, boards and beams of what trees foever, and all other things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument or thing prepared for war by land or sea, shall not be reputed contraband, much less such as have been alEe 4
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 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 subjects of both confederates eyen to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up or invested.
ART I CLE 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 case either of the parties heretoshould be engaged in war, the ships and vessels belonging to the subjects or people of the other ally must be furnished with fea 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
cording to the form annexed to this Treaty; they shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year : 'it is likewise agreed, that such ships being laden are to be provided not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship failed, and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board of the same, which certificates shall be made out by the officers of the place whence the ship set fail, in the accustomed form ; and if any one shaļl think it fit or advisable to express in the said certificates the person to whom the goods on board belong, he may freely do so.
ARTICLE XXVI. The flaips of the subjects and inhabitants of either of the parties coming upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, they fhall be treated accorợing to the general rules prescribed
or or to be prescribed relative to the object in question.
ARTICLE XXVII. If the ships of the said subjects, people or inhabitants of either of the parties shall be met with, either sailing along the coasts or on the high seas, by any ship of war of the other, or by any privateers, the said ships 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 fhip or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present Treaty; and the ship, when she shall have shewed such paffport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search in any manner, or to give her chace, or to force her to quit her intended course,
: ARTICLE XXVIII. It is also agreed, that all goods, when once put on board the ships or vessels of either of the two contracting parties, shall be subject to