| Art. 1. First it is concluded and
accorded that there be and remain a good, firm, sincere, and perpetual Peace, Amity,
Alliance, and correspondence between His Sacred Majesty the King of Great Britain on the
one part, and His Sacred Majesty the King of Sweden on the other; and all and singular
their Dominions, Kingdoms, Countries, Provinces, Islands, Plantations, Lands, Cities,
Towns, People, Citizens, and generally all their Subjects and Inhabitants; so that each
part treat and use the other with all real friendship and affection. Art. 2. The said Confederates, their People, Subjects, and
Inhabitants, shall, as opportunity is offered, take care of and promote the welfare of
each other, and shall advertize each other, upon knowledge thereof, of all imminent
dangers, plots, and conspiracies of Enemies against the other; and as much as in them
lies, oppose and hinder the same. Neither shall one Confederate by himself, or any else,
treat of, act, or attempt anything to the prejudice and disadvantage of the other, his
Lands, or Dominions, in whatsoever place, whether at sea or land; nor shall any way assist
the Rebels or Enemies of the other to the damage of the Confederate; nor receive or
entertain within his Dominions any Rebel or Traitor who shall attempt anything against the
other's State, much less afford them any counsel, help, or favour, or permit it to be done
by any of his Subjects, People, and Inhabitants.
Art. 3. The said Kings and Kingdoms shall take
diligent care that, as much as in them lies, all impediments and obstacles be removed,
which have hitherto interrupted the freedom of navigation and commerce, as well between
both Nations as with other People and Countries within the Dominions, Lands, Seas, and
Rivers of either; and shall sincerely endeavour to assert, maintain, defend, and promote
the aforesaid liberty of navigation and commerce against all the Disturbers thereof, by
such ways and means as either in this present Treaty or hereafter shall be agreed upon;
neither shall they suffer that either by themselves, their Subjects, and People, or
through their default, anything done or committed contrary hereunto.
Art. 4. That either of the aforesaid Confederates,
their People and Subjects, may, without any Safe-Conduct, Licence general or special,
freely and securely go and enter by land or sea, in and to the the Kingdoms, Countries,
Provinces, Lands, Islands, Cities, Villages, Towns, whether walled or unwalled, fortified
or otherwise, Havens, and whatsoever Dominions of the other, and there stay, and from
thence return, or pass through; and in the same places, upon just prices, procure and have
provision of victuals for their use and sustenance, and be used with all friendly offices.
And that either Confederate, their People and Subjects, may trade and have commerce in all
places, where commerce has hitherto been exercised in what goods and merchandises they
please, and may freely import and export the same, paying the Customs which are due, and
conforming themselves to the Laws and Ordinances of each Kingdom, whether the same concern
trade or any other right; which presupposed, the People, Subjects, and Inhabitants of both
Confederates shall have and enjoy in each other's Kingdoms, Countries, Lands and
Dominions, as large and ample privileges, relaxations, liberties, and immunities as any
other Foreigner at present doth, or hereafter shall enjoy there.
Art. 5. No Merchants, Captains, and Masters of
Ships, mariners, nor any other Persons, Ships, goods, or merchandise belonging to either
Confederate, shall, upon any public or private account, by virtue of any Edict, general or
special, within any of the Lands, Havens, Sea-roads, Coasts, or Dominions of the other,
for any public service, or expedition of War, or any other cause, much less for any
private use, be seized, embarked, arrested, forced by violence, or be any other way
molested or injured: Provided only, such arrests as are conformable to justice and equity
be not hereby prohibited, so be it they are made according to the ordinary course of Law,
and not granted upon private affection or partiality, but are requisite for the
administration of right and justice.
Art. 6. In case any of the Ships of either
Confederate, whether of War or Merchants, belonging to the Subjects and People of either,
be by occasion of tempest, pursuit of Pirates, and Enemies, or any other urgent
neccessity, constrained to put into each other's Havens, Roads, or Shores, they shall be
received there with all kindness and humanity, and enjoy all friendly protection, and be
permitted to refresh themselves, and procure at a reasonable price all things needful for
their sustenance, reparation, or use. Neither shall they be hindered from going out of the
said Ports or Roads at their pleasure, without paying any Customs or Duties: Provided they
do nothing contrary to the Laws, Ordinances, and Customs of the place, which the said
Ships shall enter into or abide in.
Art. 7. In like manner, if any Ship or Ships,
whether public or private belonging to either Confederate, their People and Subjects,
shall within any of the Coasts or Dominions of the other stick upon the sands, or be
wrecked, (which God forbid,) or suffer any damage, all friendly help and relief shall be
given them upon a competent reward. And whatever shall be remaining of the goods thrown
overboard, or after shipwreck, or any other damage sustained, shall be kept in safe
custody, and restored to the Owners; so be it they, or such whom they shall appoint, do
lay claim to the Ships and goods within a year's space from the time of the shipwreck,
saving always the rights and customs of each Nation.
Art. 8. In case the People and Subjects on either
part, whether they be Merchants, Factors, or Servants, Masters of Ships, Mariners, or such
others, who travel and inhabit within the Dominions of the other, or those who act on
their behalf before any Court of Judicature, for recovery of their debts, or for other
lawful occasions, shall stand in need of the Magistrate's help; the same shall be readily,
and according to the equity of their cause, in friendly manner granted them, and justice
shall be administered to them without long and unnecesseary delays. Neither shall they be
any way molested upon any pretence in the dispatch of their affiars, in their journeying,
bargaining, and receiving the price of their commodities; but that all love and friendship
be extended towards them. And it shall be free for them, on both sides, in their passage
to and again, in each other's Coasts, Ships, Havens, and public places, to wear about them
arms, for their proper defence, so be it they give no suspicion to the Governor or
Magistrate of the place of any design against the public or private Peace; but he
especially who behaves and demeans himself soberly and inoffensively, shall be protected
from all injury, violence and molestation.
Art. 9. The said Confederates, and all and singular
their People and Subjects, may buy and export out of all the Countries, Dominions and
Kingdoms of the other, all kind of armour and provision of War, and may safely and freely
put in with their Ships, and arrive at each other's Ports, Havens, and Shores, and there
stay, and thence depart, they carrying themselves peaceably, and conformably to the Laws
and customs of the respective places, and not disturbing the freedom of commerce therein.
In like manner the Ships of War shall have free access to the Ports of either, there to
stay, come to anchor, and return without any injury or molestation, but upon these
conditions: -
1. That the Fleet to be brought into the Ports of either
Confederate, shall not exceed the number of 5 or 6 Ships, without notice first given
thereof.
2. That without delay the Admiral or Commander of the Fleet and
Ships, shall show his Letters of safe-conduct to the Governor or Chief Magistrate of the
castle, Fort, City, or Province, where they arrive, signifying the cause of their arrival,
and declare to what end and how long they resolve to continue there.
3. That in such case the Ships keep a just distance from the Castles
and Fortresses.
4. That not above 40 Mariners and Soldiers, or so many as may give
suspicion, come on shore together and in company.
5. That they give offence to none there, not so much as to their
Enemies, and especially hinder or obstruct not the entrance and egress of any Merchants'
Ships whatever.
6. That they go not thence as from their own road, and return again
to the disturbance of the navigation of any Nation.
7. That they live, and in all things demean themselves peaceably and
conformably to the Laws and customs of each place, and chiefly to the mutual friendship of
the Confederates; but, if either of the Confederates shall hold it convenient or necessary
with a greater number of Ships, to enter into the Ports of the other, and enjoy the
benefit thereof, he shall declare his purpose 2 months before to the other Confederate;
and then the means and manner of admitting them shall be agreed upon; but if the Ships of
either be compelled into the other's Ports, by danger of tempest, sea, or Enemies, in such
case the cause of their arrival shall be signified to the Governor or Chief Magistrate of
the place, and they shall continue there no longer than the said Governor or Chief
Magistrate shall permit, observing always the Laws and customs in this Article
before-mentioned.
Art. 10. The Subjects and Inhabitants of the King
and Kingdom of Great Britain may safely and freely travel in the Kingdoms, Dominions and
Territories of the King of Sweden, and pass through the same by sea or land to any other
Nation, freely to traffic and have commerce with them, in all sorts of merchandise, and to
import and export the same. And the Subjects of the King of Sweden shall enjoy the same
freedom in the Kingdoms, Dominions and Territories of the King of Great Britain; provided
the Laws, Ordinances, and particular rights of each Nation, concerning trade and commerce,
be observed on both sides.
Art. 11. Although, in the preceding Articles of
this present Treaty, it be forbidden to either Confederate, to yield any aid or assistance
to the enemies of the other; yet it is not to be so understood, as it either Confederate,
having no war with the Enemies of the other might not sail to, or traffic with the said
Enemies, notwithstanding that the Confederate be in actual war with them. But it is only
provided, that no goods called goods of contraband, and in particularly, that no money,
provision, weapons, fire-arms, with their appurtenances, fire-balls, gun-powder, match,
bullets, spear-heads, swords, lances, pikes, halbers, ordnance, mortarpieces, petards,
grenadoes, rests, bandeliers, saltpetre, pistols, small shot, pots, head-pieces, backs and
breasts, or such kind of armour; Soldiers horses; all furniture necessary for horses,
holsters, belts, and whatsoever warlike instruments; as also, that no Ships of war, or
Convoys, be furnished to the Enemy, without peril, in case they be taken, of being
adjudged lawful prize, without hope of restitution. And neither of the Confederates shall
suffer any of his Subjects to give aid, sell, or lend Ships; or be any way useful to the
Enemies or Rebels of the other to his prejudice or detriment; but it shall be lawful for
either Confederate, his People and Subjects, to have commerce with the Enemies of the
other, and to carry to them all kinds of merchandise, not before excepted, without any let
or hindrance, unless it be into such Ports and Places as are besieged by the other, and in
such case, it shall be lawful for them to sell their commodities to the Besiegers, or
otherwise to betake themselves to any other Port which is not besieged.
Art. 12. But lest such navigation and intercourse
of the one Confederate, his People and Subjects, by land or sea, with other Nations,
during the War of the other Confederate, should redound to the prejudice of the said other
Confederate; and lest goods of Enemies should pass concealed under the name of Friends;
for the removing of all suspicion and prevention of fraud herein, it is agreed that all
Ships, waggons, ware, and men belonging to either Confederate, shall in their passage have
Letters of Safe Conduct, commonly called Passports and Certificates, whereof the hereunder
written forms shall be word for word observed, and subscribed and signed by the Chief
Magistrate or Head Commissioners of the Customs and Imposts of the Province and City
whence they come, and the true names of the Ships, carriages, wares, Masters of the Ships,
shall be specified, the days also and times, together with such other descriptions as are
expressed in the following form of a Certificate, shall without any fraud be
particularized, Wherfore, if any one who upon the faith of the oath, whereby he is bound
to his Prince, State, or City, shall affirm, that he hath alleged nothing but the truth,
and afterwards be convicted of wilful fraud in that allegation, he shall be punished with
severity, and as a Person guilty of the breach of that oath.
Form of Passport
We, N. N., Governor or Chief Magistrate, or
Commissioners of the Imposts and Customs of the City or Province of N. [putting the
title or office of the respective Government of that Place] do certify, that upon the
......... day of the month of ......... in the year of our Lord .........., N. N. N.
Citizens and Inhabitants of N. and Subjects of His Majesty the King of Great Britain, or
the King of Sweden, (as the case shall happen,) did personally appear before us in the
City or Town of N. under the Dominion of His Majesty the King of Great Britain, or of His
Majesty the King of Sweden, and did there there upon the faith of that oath, whereby they
are bound to His Majesty the King of Great Britain, our Most Gracious Sovereign, or to His
Majesty the King of Sweden, our Most Gracious Sovereign, and to our City, declare that the
Ship or Vessel called N. of N. ...... lasts or tons, doth belong to the Port, City, or
Town of N. of the Dominion of N and that the said Ship does properly and of right
appertain thereunto, or the Subjects of His Majesty the King of Great Britain, or the King
of Sweden, but now from the port N. is bound for N. freighted with the goods following,
wiz., [here let the goods be specified, with their quantity and quality, for example,
about so many loads or packs, about so many hogsheads, &c., according to the quantity
or condition of the merchandise shall be,] and did affirm upon the aforesaid oath, so much
N. of the said goods and merchandise to belong to the Subjects of the King of Great
Britain, or of the King of Sweden, or so much N. unto N. N. N. N. [let it be expressed of
what Country the Owners be] and that N. N. N. upon the oath aforesaid alleged, that the
said goods above specified, and no others, were put, or to be put on board the said Ship
for that voyage, and no part thereof belongeth to any other than the persons aforesaid;
and that therein there are no other goods hidden under any false or counterfeit name
whatsoever, but that the aforesaid merchandise were truly and really for the use of the
said owners and Proprietors, and no others; and that the said Master of the Ship, named N.
is a Citizen of N. Wherefore, since upon strict inquiry it is manifest to us [the
Governor, Chief Magistrate, or Commissioners of the Customs of the City aforesaid] that
the said Ship, or Vessel, and goods are free, and do really and truly belong to the
Subjects of His Majesty of Great Britain, or His Majesty of Sweden, or the aforesaid
Inhabitants of other Countries; We do, with all respect, humbly desire all Powers by land
or sea, Kings, princes, Commonwealths, Free Cities, as also all Generals, Admirals,
General Offficers, Governors of Ports, and all others, to whom the guard of any Port or
Sea is committed, who shall happen to meet this Ship under sail, or into whose Fleet she
shall fall, or in whose Ports she shall happen to stay, that in regard to the Friendship
and Alliance which is between every of them, or their Superiors, and His Majesty of Great
Britain, our Most Gracious Sovereign, or His Majesty of Sweden, our Most Gracious
Sovereign, that they would not only suffer and permit the said Master with the Ship N. the
Persons, goods, and merchandise belonging thereunto without any let or hindrance, freely
to make his voyage, but also (if he think convenient to go anywhere else from the said
Port) that they would do him all civil offices, as a Subject of His Majesty the King of
Great Britain, or of the King of Sweden, expecting the like returns from His Majesty the
King of Great Britain, or His Majesty the King of Sweden, his Officers and Subjects in the
like or other case. In witness whereof, we have subscribed these Presents, and sealed the
same with the common seal of our City. Dated, etc.
Whenever, therefore, any the merchandise, goods,
Vessels, or Men belonging to either, their People and Subjects, shall be met with, either
in open Sea, or in any Channel, Haven, Road, Land, or any other place, by the Ships of
War, public or private, or by any the People, Subjects, and Inhabitants of the other, or
shall happen to be in one place with them, they producing their Letters of Safe Conduct
and Certificates aforesaid, shall have nothing farther exacted of them, no search made,
either of goods, Vessels, or Men, much less shall they receive any damage, injury, or
molestation, but shall be suffered to pass pass on with freedom to pursue their occasions.
But if this stated and appointed form of Certificate be not produced, and there be just
cause of suspicion, then the ship ought to be visited, which (it is to be understood)
shall be allowed only in such and no other case. And if any the People or Subjects of
either side shall do or commit anything contrary to the proper sense of the present
Article, either Confederate shall take care that severe punishment be inflicted on the
Offender, and cause full and speedy satisfaction to be made to the Parties wronged for all
costs and damages.
Art. 13. Neither of the said
Confederates shall suffer the Ships, Vessels, goods, or merchandise of the other, his
people or Subjects, taken at sea or elsewhere by his Enemies or Rebels, to be carried into
his Ports or Dominions, but shall publicly forbid the same to be done; but if any Ships,
Vessels, goods, or merchandise of either, his People or Subjects, taken at sea or
elsewhere, shall be brought by any the Enemy or Rebel of the Confederates, or either of
them, into the Ports and Territories of the other, he shall not suffer the same, or any
part thereof, to be sold in that Port, or other his Dominions; but shall take care that
the Master of the Ship or Vessel so taken, as also the Seamen and other Passengers, shall,
immediately upon their arrival, be set free, together with all the Prisoners who are
Subjects of the other Kingdom, and shall not suffer the said Ship or Vessel to remain in
that Port, but forthwith dismiss the same with all its goods, merchandise, and burthen;
provided always that by this Article no prejudice be done to the Agreements heretofore
made with other Nations by either Confederates; but in all other cases, the said Article
shall obtain full force and vigour.
Art. 14. In case it shall hereafter
happen that, during this Amity and Confederation, any of the People or Subjects of either
shall act or attempt amything against the same, or any part thereof, either by land , sea,
or other waters, this Amity, Confederation and Alliance, shall not be thereupon broken
off, but shall remain and continue still in full force and virtue; only in such case the
particular Persons which have offended, shall be punished, and no others; and justice
shall be done, and satisfaction made to all Persons injured, within 12 months after demand
thereof. And in case the Person so offending shall not appear and submit themselves to
justice, and make satisfaction within the said term, the said Persons shall be declared
Enemies to both States, and their estates and goods whatsoever shall be confiscated and
employed to a due and full satisfaction for the wrong by them done; and their persons
shall be liable to further punishment, when they shall come within the power of either
State as the quality of their offence shall deserve.
Art. 15. This present Treaty and
Confederation shall in nothing derogate from any pre-eminence, right or dominion of either
Confederate within any his own Seas, Channels, or Waters, but that they have and retain
the same in as full and ample manner as they have hitherto had, or as of right belongs to
them.
Art. 16. It being the primary intent
of this League and Amity, that each Confederate, their People and Subjects, might enjoy
such freedom of navigation and commerce, as is described in the foregoing Articles, within
the Baltic, Sound, Northern, Western, and British Seas, Mediterranean, and Channel, and
other the Seas in Europe; therefore all sincere endeavour shall be used on both sides, by
common advice, aid, and assistance, that the aforesaid mutual liberty of navigation and
commerce be established, promoted, and (as occasion is) defended against all the
Disturbers thereof, who shall go about to interrupt, prohibit, hinder, or restrain and
limit the same to their own will and pleasure, in prejudice of the said Confederates; and
either Party shall, with all willingness and readiness, promote the good and prevent the
hurt of each other, saving the Treaties which either Nation hath made with other Kingdoms,
Commonwealths, and Nations; but neither Confederate shall hereafter make any League or
Agreement in prejudice of this present, with any other People and Nation, without the
privity and consent of the other; or if any such Agreement be herafter made, the same
shall be reputed null and void and give place to this present Treaty.
Art. 17. Whatever is agreed on in the
foregoing Articles, shall be in force and virtue from this present time, and be truly
observed on both sides by all such as are within each other's allegiance. And for the
further confirmation thereof, shall be subscribed, signed, and ratified, as well by His
Majesty of Great Britain, as by His Majesty of Sweden, under their hand-writing and Seals,
within 6 months next ensuing the date of these Presents.
Done at Whitehall, the 21st day of October 1661.
(Signatures)
Recueil des traités, conventions et autres actes
diplomatiques de la Suède : entièrement ou partiellement en vigueur au 1er janvier 1926
/ publié par Sten Lewenhaupt.
Stockholm, 1926-1927
T. 2., s. 475-483 |