A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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In this section
- Instructions for Philip lord viscount Lisle, ambassador extraordinary from the parliament of the commonwealth of England to the queen of Sweden.
- Instructions for Philip Sidney, viscount Lisle, ambassador extraordinary from the commonwealth of England to the queen of Sweden.
- Articles of a treaty to be had between the commonwealth of England, and the queen and kingdom of Sweden.
A paper of monsieur Barriere to the council of state, delivered 1 Feb. 1652.
To the right honourable the council of state of the parliament of the commonwealth of England.
Vol. ii. p. 310.; Translated from the French by secretary Thurloe.
The prince being advertised of the ill offices, which his enemies do him to this commonwealth, hath thought fit to write unto the parliament the letter, which I have presented unto them a few days since, to express new assurances of the sincerity of his affection towards this state, and of the great desire he hath to do them any service, if he be so happy as to meet with an opportunity. And being informed, that some, who (I believe) have as ill intentions towards this republic as to himself, are willing to persuade the parliament and council of state, that there are secret intelligences and also confederations with the pretended king of Scotland, he hath commanded me by an express letter to let the council of state understand how far he is from that; and if you please to reflect a little upon the things past these eight or ten months, you will clearly see, that there is no great ground for the reports, which are spread abroad, and which are all invented to alter the good will, which they feared the parliament might bear towards the prince. For if there had been so good understanding with the said pretended king of Scotland, is it probable, that the said pretended king should make (as every one knows he did) an accommodation between the duke of Lorain and the court, (fn. 1) after that his army was encampt near Paris, which had endangered the ruin of the prince's party, and made them lose all those advantages they had upon the cardinal Mazarin's party. After which the prince did drive him out of Paris, as it is known; and since that the duke of York had served in Turenne's army. Also every one knows, that all the ministers, as well of the said pretended king, as of the queen his mother, are wholly devoted to the cardinal, and wholly made his creatures; as are all the English, who are of that interest, as well in this country as in France.
Things being as they are in fact, and known and understood of all the world, how can it be believed, that the prince, whose interests are so contrary hereunto, can have any engagement or confederation with the said pretended king? Wherefore, my lords, I am confident, that all these things being considered, you will find they are Mazarin's inventions, that all these reports are spread abroad concerning this, which will be found to be most false, as I do assure you, and also give you my word on the part of the prince, as he hath commanded to do. And if you will not believe all this, you may yet please to judge by the proper interests of my said lord the prince, which never fails. Lastly you shall know, that it is not only true, that there is no confederation between the said pretended king and him, but that on the contrary things are as ill between them as they can be.
Having satisfied this point, as I was commanded, I desire, my lords, to return to that, which I had the honour many times to say to you; which is, that the prince earnestly desires to have a good correspondence with this republic; and for to begin it, he hath desired, that there may be free commerce between England and the countries, which are under his authority, and which acknowledge none but him; the said countries desiring it, because of the good correspondence, that hath always been between the two nations; and since the year which I have been in this place, I have many times demanded it, as the honourable council wells knows. And although the thing hath been agreed by the parliament; yet I know not the reason why it is not executed for all the instances which I have made, being that it is a thing as profitable to this state as to the prince and the said countries, who have not forborn to sell their merchandizes, out of which great profit to the Hollanders, as being one of the greatest trades they have, having at this present loaden at Bourdeaux, or within the next ports, 600 ships, which the English might have easily hindered, if they would; for they might have had for them all the ports and roads of the country; under the favour of which they might have absolutely hindered them. And seeing, as I have often represented, it may be done without this state's engaging in any thing, nor that France have any cause of complaint, which is manifest in this, that the Hollanders, who (as is well known) have more strict alliances with France than this commonwealth, forbear not to trade with the Bourdelois. So that if the parliament considers the good, which will come into this country by the establishing of the commerce, and the evil which will befall the Hollanders to loose it; I assure myself, that they will make no difficulty to agree it; for the traffick within the rivers of Bourdeaux, Charante in Bronage, and Olleron, is more worth than all the restof France; being from hence comes all the wines and salt, not to name an infinite number of other commodities, whereof the Hollanders make a great trade.
I desire then, that it may please the honourable council of state to consider these things, and to give me an answer upon the subject of commerce, which is a thing (as I have already said) much desired of the prince, who desires also very much a farther confederation with this republic, which he will not omit to seek with great care; although I dare affirm the necessity of his affairs doth not oblige him, seeing that by the grace of God his affairs are in a good state as well within France as without, by his friends, and particularly his ancient friends now in Germany, where he shall have strong levies for to be in the field next spring. But if it please the parliament, I am confident you may do a thing most considerable and profitable to this state both for the present and for the future; and it may be, that the alliance of the prince may not be unprofitable; and altho' he be no sovereign, as some alledge, I dare affirm, that by his birth he is above many sovereigns, and by his merit, his reputation, and condition, which he is now in, is equal to the greatest. And farther I believe, that princes and states ought not to consider those with whom they treat, but the profit which they can draw from thence. Therefore if the council judges it be for the interest of this republic to treat with the prince, that they will do me the favour to let me know it; and I assure them, that the treaty will be in a good hour, and without intention of deceiving any. (fn. 2)
But this not being the subject of my discourse, I shall not enlarge more upon this matter,
and will only intreat you, my lords, to do me the honour to give me an answer, and particularly upon that which concerns commerce; to the end I may send a resolution to Bourdeaux, because I am much pressed for it. I hope you will do me that favour, and to believe
of me, that I am with all sort of respect, my lords,
Your most humble servant.
Mons. Barriere to the council of state.
Vol. ii. p. 318.
May it please the right honourable the council of state to consider the advantages, that may arise unto this commonwealth, by having a free commerce with Gascony and such other places, as are under the command of his highness the prince of Condé; and to consider what disadvantages and damages the Hollanders will receive by it, since the English may have the commerce, which the Hollanders do so advantageously make use of in those parts, and do not only furnish their own country with those merchandizes they bring out Gascony, but also all the northern countries, which the English may also do.
The merchandizes and commodities that are brought out of Gascony and those places, are
The merchandizes and commodities that may be transported thither, are
All kind of cloth,
All kind of cotten linen,
Hides and other commodities,
All kind of green fish.
Monsieur Barriere to the council of state:
To the right honourable the council of state,
Vol. ii. p. 324.
I Most humbly beseech your honours, to be pleased to give an answer to those things I
proposed to your honours there is now above fifteen days. I have received new commands from his highness to let him know speedily your honours resolution by the gentleman
he sent me, whom I cannot dispatch, till your honours please to make me an answer, which
I intreate you not to defer any further. Herein your honours will infinitely oblige
London, 14 Feb. 1652.
Monday, 14th Feb. 1652.
At the council of state at Whitehall.
Vol. ii. p. 323.
That the paper of Mons. Barriere be referred to the consideration of the committee for foreign affairs.
Some considerations offered relating to the embassage for Sweden.
Vol. ii. p. 393.
1. The Swedes privilege in the Sound of exemption from toll is infringed by the Hollanders thus:
The Hollanders have farmed of the Dane the toll of their trade in the Sound, and collect it at Amsterdam, which was constantly paid at Elsinore; and compel the Swedes to pay at Amsterdam also, which hath much provoked the Swedes to carry their trade from Holland; the Hollanders imposing more custom upon the Swede than their own people pay.
2. The Hollanders have denied their assistance of 50,000 guilders per month (which was promised, when the late king of Sweden invaded Germany) ever since they concluded a peace with the Spaniard. This also did much irritate the Swede, and occasioned the dispatch of Spieringe into England to settle trade.
Now to invite the Swedes to reduce their trade for England, it's humbly proposed, that our state would exempt them from paying strangers customs, and that for these reasons;
1. It may induce the Swede to grant English ships equal privileges with their own ships, which differeth now in custom a full half that merchandize payeth in English ships more than in Swedish; and if this could be obtained, a great number of English ships might be yearly employed in that trade, which are now obstructed in regard of the inequality of customs.
2. By this an opportunity to vend our English commodities into those parts will be afforded, and great quantities of our manufactures may thro' their ports be transported into Germany and Russia; whereas the inequality of customs on both sides hindereth a mutual commerce.
3. But admit the Swedes would not grant our ships equal privileges with their own, yet we had better trade in their ships only, than want trade with them. Sweden and the ports under their command consume such quantities of salt, coals, and herrings, that thousands of our men and hundreds of our ships would be yearly employed to catch herrings for them; which trade for herrings would be worth millions to England, if it were fully managed; and which would much increase the manufacture of salt to the great benefit of this commonwealth.
And it is humbly conceived, that strangers and our own people will not be offended, that such commodities are granted to the Swedes, if we consider
1. The great importance their commodities are to us, and the great advantages we may have by a trade with them.
2. That it is practised in other commonwealths to grant peculiar privileges to some nations above others, according to emergencies of state.
3. That the Swede is potent in ships of war, and can carry on a trade with us, though the Dane or the Dutch oppose, or England be too weak to protect its own trade.
And it is likewise conceived, that the Swede out of necessity or policy will enter into a league either with England or Holland; and that for these reasons:
1. The Crown of Sweden hath its greatest revenue from customs, whereby both court and garrisons are maintained; and their commodities being materials for war and shiping, are liable to seizure on both sides, so that they cannot maintain their neutrality, and vend their commodities.
2. The Swedes cannot be ignorant, how that in time our plantations may furnish us with those commodities we have from them; and the utility of the vending of their commodities to us, and the danger of the loss of such a branch of a trade, may oblige them to an union with us; whereas they cannot run that hazard in a breach with Holland.
3. The Swede cannot but foresee, that if the Dane and the Hollander can stop the passage of the Sound, they will in time give laws to the Swede, what custom he shall take in his own ports, which hath been long designed and is much desired by the Hollander.
Proposition of the Swedish merchants concerning a treaty with Sweden.
Instructions for Philip lord viscount Lisle, ambassador extraordinary from the parliament of the commonwealth of England to the queen of Sweden.
Vol. ii. p. 364. In the handwriting of secretary Thurloe.
The parliament of the commonwealth of England having in this present conjuncture of affairs thought good to send an extraordinary embassy to the queen of Sweden, to communicate with that princess in matters relating to the common good; and having experience of your fidelity and discretion, held it requisite to make choice of and appoint you to this negociation. You are therefore to transport yourself with all convenient speed to the said queen of Sweden, at Stockholm, or elsewhere, and deliver your credentials unto her majesty.
2. You are to signify unto the said queen, that the parliament of the commonwealth of England taking notice of the constant intercourse of friendship and amity, which hath always been between England and Sweden, out of which great profit and happiness have redounded unto both; and that although it hath pleased the gracious and all disposing hand of God, for the good of this nation, to change the government of the same, that yet the same common interests, that first begot former alliances and confederacies between them, do still continue, and oblige both to desire the good of each other; and considering withal that the affairs of Christendom, and especially of the neighbouring princes and states, through divine providence, are in such posture and condition, as do give greater opportunity, and lay stronger obligations upon both to entertain a nearer union and correspondence than heretofore; whereby the commerce and tranquillity of these nations may be preserved and provided for, with respect also to the common interest and concernment of the true protestant religion: and the said queen having by her late public ministers hither signified her royal inclinations and willingness by all good means to conserve and increase the ancient good understanding between these states; the parliamentupon these and other weighty considerations, and to shew how acceptable the former overtures of her said majesty have been to them, have thought fit by you to make tender of the friendship of this commonwealth unto the said queen of Sweden, and to let her know, that the parliament of the commonwealth of England is not only ready to renew and preserve inviolably that amity and good correspondence, which hath anciently been between the English and Swedish nations, but are farther willing to enter into a more strict alliance and union than hath hitherto been for the good of both, with such farther expressions of the affection and good wishes of the parliament, as you shall judge requisite.
3. You are to represent to the said queen the true state of the present differences between this commonwealth and that of the United Provinces; and what friendly and amicable ways and means have been used by this state to procure an alliance and friendship with them, so also to entertain terms of peace and reconciliation after they had in a time of treaty begun a war upon this state.
To be put into a private instruction.
[And here you may take a good occasion to let the queen see the constant and fixed design, that the said people have to engross to themselves the trade of all the world, and particularly of the east sea; for the accomplishing whereof they have made a treaty with the king of Denmark concerning the Sound, of a very unusual nature; and whereby Sweden as well as this commonwealth is imposed upon in point of trade; upon which subject you may represent to her majesty, how much it is her interest, as well as of this commonwealth, to endeavour timely to stop such unlimited desires.]
4. If any person shall take upon him the quality of resident, agent, ambassador, or public minister from Charles Stuart, eldest son of the late king, usurping the name of king of Great Britain, and endeavour to be received by the said queen in that quality; you are to declare, how much the same is derogatory to the honour and right of this commonwealth, and therefore you are to do your utmost to oppose and hinder the same; and if such person shall have had audience in that quality before your arrival, you are to deliver in your protest against the same, at such season as you shall judge most convenient.
5. You are to perform all usual civilities and correspondences with the public ministers of other princes or states, friends or allies to this commonwealth, who shall be residing with the said queen of Sweden during your abode there.
6. You shall apply yourself, as cause shall require, to remove all misrepresentations, that are or shall be made by any whomsoever of the proceedings of the parliament and affairs of this commonwealth, and shall from time to time by writing, printing, or otherwise, declare the true state thereof, and endeavour the conserving of a good understanding between these two states. And as you find it necessary, to represent to the said queen the matter of fact in reference to the ships, which her majesty lately writ to the parliament about, and the true state thereof, and to clear the proceedings of the parliament concerning the same.
7. You are to have a due regard, during your abode there, to all such matters, wherein the trade and commerce of this commonwealth and the people thereof is concerned; and to procure right to be done according to justice and equity.
8. You are to pursue the present instructions, and such as you shall from time to time receive from the parliament or council of state, as either exigencies, necessity, convenience, or advantages shall require; and are from time to time to give full and frequent notice of your proceedings to the parliament or council of state established by their authority.
Agreed, 22d March 1652.
Henry Scobell, cler. parliam.
Instructions for Philip Sidney, viscount Lisle, ambassador extraordinary from the commonwealth of England to the queen of Sweden.
Vol. ii. p. 371. In the handwriting of secretary Thurloe.
Your negotiation being to the queen of Sweden, when you have delivered your credentials to her, and made your general proposition contained in your instructions from the parliament; and find that there is a good reception thereof, and a propensity in that queen to enter into an alliance with this commonwealth;
1. You shall for the matter of that alliance propose the articles herewith delivered unto you, either together, or at several times, as you shall find it most convenient. And you have hereby power to alter, amplify, add unto, and amend the same, or any of them, holding to the substance of your instructions, as you in your judgment shall find best, and as you can agree them for the service of the commonwealth.
2. If any particulars shall be propounded unto you on the part of the said queen and crown for compleating of this alliance, you are hereby authorized to treat and debate thereupon; as also upon any the articles of former treaties, that have been between the two nations; and to conclude the same, if they be generally within these or the instructions given you by the parliament. If you shall judge them otherwise, then to transmit them to the council for the parliament's or council's further direction in these particulars.
3. You are upon the matter of the third instruction given unto you by the parliament, to take occasion at such time as you shall find it most fit and convenient, to let the queen see the constant and fixed design, which the state of the United Provinces of the Netherlands have to engross to themselves the trade of the world, and particularly of the east sea; for the accomplishing whereof they have made a treaty with the king of Denmark concerning the Sound, of a very unusual nature, and whereby Sweden as well as this commonwealth is imposed upon in point of trade, contrary to the treaty made by the king of Denmark, as well with the parliament of England in the year 1646, as with the said queen in the year 1645; insomuch that the trade between these countries and Swedeland, which was so profitable unto both, hath been, by the intolerable exactions in the Sound of late years, much decayed, and now is totally obstructed, the king of Denmark having, by agreement with the said Netherlands, made stop of twenty six ships belonging to the people of this commonwealth, which came out of the said queen's ports, after he had invited them in for protection; and endeavoured, by conjunction with the said United Provinces, to shut up the passage through the Sound in that manner, that no nation may trade to or from the dominions of the said queen in the east sea, but at their will and pleasure. And that therefore not only this commonwealth, but Sweden also, is highly concerned in interest to apply some speedy remedy hereunto.
1. For effecting whereof, you are to let the queen know, that you are come qualified with power to communicate with her majesty, by what ways and means to open a free trade through the Sound, that it may not depend upon the will of the king of Denmark and the said United Provinces, whenever they shall think fit (as now they have done) to obstruct it.
2. If you find upon a general deliberation with the queen concerning the Sound, and the importance thereof to both states, that she is sensible of the said oppressions, and the restraint put upon trade thereby, and of the preparations, which are made by the king of Denmark and the said States General, whereby it is manifest, that they intend to join their strength for prosecuting their said intention, which you are fully to represent unto her, and the great difficulties, which may ensue, and real prejudice to both these nations, if timely resolutions be not taken for preventing the same; and that she is inclinable thereupon to join with the parliament, and to communicate with them in counsels and assistance, you shall demand of the said queen what assistance and countenance Swedeland will give for the carrying on this work, in case the parliament shall find themselves obliged to send into those seas a fleet, which, through the blessing of God, may be able to defend itself against the contrary party, wherein if the said queen shall declare herself, and thereupon descend to particulars, and make propositions accordingly, you are to transmit them to the council, for the parliament or council's farther direction; and in the mean time propound and conclude the second, fifth, and ninth articles mentioned in your first instruction relating to this business.
3. In case you meet with any objection or jealousy concerning the coming of the fleet of this commonwealth into those seas, you are to give full assurance, that the crown and dominions of Sweden shall receive no prejudice thereby, the purposes and intentions of this state being only to endeavour to put a stop to the unlimited appetite and desire of the Danc and Dutch, and to open the trade through the Sound; that not only the people of this commonwealth, but other nations, may without restraint freely trade through the same; the greatest benefit whereof will redound to Sweden.
4. Your lordship is to take care (especially whilst the treaty is on foot) that nothing be permitted or done directly or indirectly, so far as shall lie in your power to hinder, in favour or assistance of Charles Stewart, or his party or abettors, the declared enemies of this state.
Notes concerning the treaty with Sweden.
Vol. ii. p. 300.
In the treaty with Sweden, to covenant:
That no English woollen commodity be prohibited.
That customs upon each sort of merchandize be agreed upon, and no raising thereof without mutual consent.
We have suffered in other states by prohibition of died cloths and bays, and laying greater taxes upon the commodities of England.
That English merchants may have convenient warehouses assigned, or liberty to hire for themselves.
That the Swede undertake to keep peace in the Baltic sea, and within the Sound, that merchants may be out of danger of enemies, till they come on their side Koll.
That all English ships (which by enemies, contrary winds, or other casualties, may be forced to harbour in Gottenburgh, or any other Swedish port on this side Koll) shall have liberty to sail out again, without paying any duties, and all merchandize brought from other ports under the Swede into Gottenburgh, may be shipped out again for England in o ther bottoms, free of all charge, the merchants shewing that the duties were paid at the port, where they were primarily shipped.
That in case of a breach betwixt the states, six months time be granted to the merchants to dispose of their estates.
Articles of a treaty to be had between the commonwealth of England, and the queen and kingdom of Sweden.
Vol. ii. p. 397. From a copy corrected by secretary Thurloe.
1. That there shall be from henceforth between the commonwealth of England and the queen and kingdom of Sweden, and their respective countries, lands, kingdoms, cities, and towns under their obedience, and the people, subjects, and inhabitants of them respectively, of what quality or condition soever they be, a good, firm, and perpetual peace, friendship, amity, and correspondence.
2. That the said commonwealth and the said queen and kingdom shall be and remain confederated friends, joined and allied for the mutual defence and preservation of the common interest of each other, and of free navigation, trade, and commerce, as well through the Sound and Baltic sea as elsewhere, in such manner as is hereafter expressed, against all those that shall attempt or endeavour to disturb either of the said confederates therein.
3. That the said commonwealth, and the people and inhabitants thereof, and the said queen and kingdom, and their subjects and inhabitants, of what quality or condition soever they be, shall treat each other with all love and friendship; that they may without any license or safe conduct, general or special, come by water or by land into each others lands, towns, or villages, walled or unwalled, fortified or unfortified, their havens and dominions, with freedom and security; and in them remain and sojourn as long as they please; and there without hindrance buy victuals for their necessary use; and may also trade, traffic, and have commerce in all places, where commerce hath hitherto been, in any goods or commodities they please; and the same bring in or carry out at their pleasure, paying always the customs due, and saving always the laws and ordinances of each place respectively.
4. That neither of the said parties by themselves or by any others, shall do, treat, or attempt any thing against the other, or their respective lands and dominions whatsoever, in any place at land or sea; nor shall give any aid, counsel, or favour to the enemies or rebels of each other; nor consent or suffer, that any aid or assistance be given to such enemies or rebels as aforesaid, by any of their respective people, subjects, and inhabitants; nor shall entertain or receive, or suffer to be entertained or received into any of their respective lands, countries, and dominions any of the rebels and traitors of each other.
5. That the said parties shall assist each other at sea and land, with men and ships, in such manner as shall be from time to time agreed upon, for removing the restraint put upon trade and commerce in the Baltic sea, by the exaction and oppressions in the Sound and Belt, and for rendering navigation and trade through those seas free and uninterrupted in all time to come; and if either of the said parties, the people or subjects of either be hindered, molested, or burthened in their commerce and trade through the said Sound or Belt, and shall communicate the same to the other confederate, and desire his assistance, he shall be bound to assist the party grieved, with forces at land and sea, as shall be found requisite, and in such manner as shall be agreed upon, and not desist from the said enterprize, until free commerce and navigation be restored, and the party grieved satisfied according to reason and justice.
6. That both the said confederates, and their respective people and subjects, shall seek the profit and advantage of each other, as there shall be occasion, and shall give notice of any imminent danger from or machination or design of enemies against either, and, as far as they are able, endeavour to hinder and prevent it.
7. That it shall be lawful for the said confederates, and the people and subjects of either, to buy and export out of their respective countries, dominions, and kingdoms all sorts of arms, and whatsoever is necessary for the war, and to come with their ships into each other's ports, havens, and places; and there stay and abide in safety and freedom, and bring in and sell or carry away the ships, goods, and other things taken from their respective enemies. All which shall be forbidden, and not suffered by the confederates to such, as now are or shall be enemies or rebels unto either.
8. That the people and inhabitants of the said commonwealth shall enjoy in the kingdoms, dominions, countries, and provinces of the said queen all such privileges, contracts, stipulations, freedom from customs, imposition, or other burthen, and all other immunities and advantages in point of commerce or otherwise, which were heretofore granted and conferred by the said queen, or any of her predecessors, to the English nation, or enjoyed by them in the said countries and dominions; and such privileges, immunities, and advantages as have been granted unto or enjoyed by the subjects of the said queen in all the dominions and territories of this commonwealth, shall be still continued and enjoyed by them.
9. That this present treaty and confederation shall not derogate from any preeminence, royalty, right, and dominion of the said queen and kingdom of Sweden in the Baltic sea, but that the said queen and kingdom shall have and receive the same as amply as heretofore. In the same manner the said treaty and confederation shall not in any manner derogate from the rights, dominions, liberties, and customs of this commonwealth in any of their seas; but that it shall enjoy the same as fully and amply as at any time heretofore.
10. That the people of this commonwealth may freely, unmolested, and securely travel in and through the kingdoms, dominions, and territories of the said queen, by land or by water, to any parts in or beyond them, and follow their traffic in all places there; and also their factors and servants, armed or unarmed; but if armed, not above forty men in a company, as well without as with their goods and merchandizes, whither they please; and the subjects and inhabitants of the said queen shall enjoy the same liberties in England, Scotland, and Ireland; they and either of them on each side observing and conforming in such their trade and traffic to the laws and ordinances of each place respectively.
11. That if it shall happen, that during this amity and alliance any thing shall be acted or attempted by any of the people or subjects of either of the said parties against this treaty or any part thereof, either by land or sea, or other waters, this amity, confederation, and alliance between the commonwealth and the said queen shall not be thereby interrupted or broken off, but shall continue and remain in its full and whole power; only in such case those particular persons who have offended against the said treaty shall be punished, and no other, and that justice shall be done and satisfaction made to all persons concerned, within twelve months after demand thereof made; and in case the persons so as aforesaid offending shall not appear and submit themselves to justice, and make satisfaction within the term here before limited, the said persons shall be declared enemies to both states, and their estates, goods, and effects whatsoever shall be confiscate and employed to a due and full satisfaction for the wrongs by them done, and their persons shall be liable to such farther punishment, when they shall come within the power of either state, as the quality of their offence shall deserve.
12. That the merchants, masters, pilots, and mariners of one of the said confederates, their ships, goods, wares, and merchandizes may not be seized or molested in the lands, ports, havens, or rivers of the other by virtue of any general or particular command for any warlike service, or other reason, provided that hereby shall not be excluded the arrests and seizures in the ordinary way of law and justice of each country respectively.
13. That the merchants on both sides, their factors and servants, as also the ship-masters and other sea-faring men, may as well travelling and returning by ships over the seas and other waters, as in the havens of each other, and going on shore, carry and use for the defence of themselves and their goods all sorts of arms for defence and offence.
14. That if any merchant's ship of the people or subjects of the one party shall by tempest, pursuit of pirates, or through any other force or accident be necessitated to come to harbours in any of the lands or countries of the other, it shall be lawful for them to depart again at their pleasure with their ships and goods, without paying any custom or duties, or being otherwise molested; provided they break not bulk, nor expose any thing to sale, nor act any thing against the laws, ordinances, or customs of the place, where they shall be in harbour, as aforesaid.
15. That the men of war on either side may come into the roads, havens, ports, and rivers of either party, and there lie at anchor, and sail out again, without any trouble or hindrance, they regulating themselves according to the laws and customs of the respective places.
Whereunto may be added, if insisted upon by the other side, to this effect:
That the men of war shall not come in a number, that may cause apparent suspicion, without cause and leave first had and obtained, of whom the said ports do belong, unless they be driven so to do by tempest, force, or necessity to avoid the danger of the sea; in which case they shall signify the cause of their coming unto the governor or chief magistrate of the place, and shall stay there no longer than they shall be allowed so to do by the governor or chief magistrate, as aforesaid.
16. That if the ships of the one party or the other, or people or inhabitants of either, whether they be ships of war or of merchandize, shall either by storm, tempest, or any other accident whatsoever, happen to be stranded or cast away upon the shores of the lands belonging to the one or the other; all officers and other people and inhabitants, of the one part or of the other, shall in such cases give their best assistance for the preservation of their wrecked goods, in order to the restitution thereof to the proprietors; and in case of any controversy between the people and subjects of the one part or the other, good and speedy justice shall be done, without drawing the business out at length by any unnecessary formality of process.
17. That the people, subjects, and inhabitants of one of the said confederates shall have and enjoy in the countries, lands, dominions, and kingdoms of the other, as large and ample privileges, and as great ease, freedom, and immunity in respect of payment of toll, customs, duty, or otherwise, as any stranger whatsoever doth or shall enjoy in the said dominions and kingdoms respectively.
A paper of the Spanish ambassador.
Vol. ii. p. 347.
Don Alonso de Cardenas del consejo de su mag. Catt. y su embaxador al parlamento de la republica de Inglaterra diçe que haviendo visto el papel del honorable consejo de estado que los señores comisarios le entregaron en 12 de Março 165¾ que trata de las quejas que ha dado Joseph Dobbins mercader desta republica por si, y por otros compañeros suyos sobre diversos puntos tocantes a la conduccion de los Irlandeses que ha embiado a España el coronel Thomas Plunquet en que refiere que no han tenido la acojida, y recepcion que se esperaba en exequcion del contrato que hiço con el dho coronel en 20 de Nov. 1652, y que se halla interessado en haver gastado mas de lo que debia por haversele impedido el desembarco de la gente, y no haversele pagado el flete, y tambien porque el cap. general, y el veedor hicieron embargar los navios, y prender los maestres dellos, a causa, de no haver querido llevar los dhos Irlandeses a Burdeos luego que llegaron a San Sebastian, lo que se le offrece responder por aora, y representar al consejo es que dha queja en quanto mira a los daños, y intereses que el dho Dobbins dice haver recivido por no haversele observado las condiciones que hiço con el dho Plunquet y sargento mayor Jorge Walters ni pagadosele el flete de la conduccion de la gente no la puede tener de los officiales del rey su señor, ni tampoco recurso alguno contra su mag. ni sus ministros, a causa de que el dho coronel Plunquet recivio en Madrid luego que se hiço el acuerdo la suma entera que importa la leva, y conduccion de los 3000 Irlandeses que se obligò a llevar a España al precio que se ajustò, y corriendo conforme aquel contracto por quenta del dho coronel la Costa de la dha leva y conduccion, no puede el dho Dobbins pedir cosa alguna a otra persona que al dho Plunquet y sargento mayor Jorge Walters con quienes hiço contrato, y de quienes debiera tomar la caucion necesaria para asegurarse de la satisfacion de lo a que se obligaron, y assi su mag. que cumpliò por su parte lo asentado con dho coronel no conoce en este negocio al dho Dobbins ni otra persona que al Plunquet con quien se ajustò dha leva y se le pagò como dho es todo el precio della, conque no puede el dho Plunquet, ni otra persona pretender cosa alguna por raçon de dha leva y transportacion della, en quanto al arresto de las naves, y prision de los maestres y los daños que por este pretende siendo punto de hecho, y no hallandose el embaxador con noticia alguna, de lo que el dho Dobbins supone, ni de la causa que el cap. general, y el Veedor podrian haver tenido para ello (quando sea cierta su relacion) necessita de algun tiempo para procurar informacion puntual de lo que en ello huviere passado para darla al consejo a cuyo efecto escrivirà a España se le embie.
En lo que toca a que la condiccion expresa con que se concediò la lisencia al dho coronel Plunquet para transportar los Irlandeses a España llega a ser nula por pretenderse que el dho cap. general en San Sebastian les quiso obligar a ir a Burdeos parte tan vecina de esta republica contra el empeño que el dho embaxador hiço en nombre del rey su señor; responde que por el tenor de la licencia, y de la obligacion que el dho embaxador hizo a que se refiere se verà claramente que no se ha contravenido a ella en manera alguna, pues no consta que dha gente haya buelto a los dominios de esta republica, ni que sirvan contra ella, que son los dos puntos de su empeño, el qual quando no obligara a su observancia; la gran costa que ha hecho el rey su señor en la leva, y conduccion de dha gente debe bastar a persuadir que no se ha hecho, ni se harà cosa alguna contra la sustancia de lo offrecido por el dho embaxador, el qual asegura al consejo, que el animo de su mag. y los ordenes que ha dado a todos los ministros de sus dominios son encaminados a la observancia de los tratados de paz, y mantenimiento de la amistad, y correspondencia, y al buen tratamiento, y acojida de los subditos, y navios de esta republica, en cuya exequcion han dado dello bastantes pruebas. Fha en Londres a 18/8 de Marzo 165/32.
Don Alonso de Cardenas.
An intercepted letter of king Charles II.
Aprill 1 [1653. N. S.]
Vol. iii. p. 1.
My deare sweetharte,
I Have seene what you have written to Mr. Long, and you may be confident I have so good an opinion of your cousin, that it must be very greate evidence (which I hope never to receave) that can shake my kindnesse to him. I know he wants not kindnesse to me, yett I have some doubte, that his brother in law may have to much influence on him, and that he may be wrought upon by one, who nether loves me nor you. Trust me, the man, who would have to wives, is very busy, and endeavours to do all the mischive he can; but I am sure you will beleeve nothing, that comes from him. When the man you mention is come, I shall heare him very willingly, though I have some reason to doubt, he may have bene wrought upon. You see well the accounts there are faire, and therfore I must conjure you, to thinke well of the factours, and not to entertaine any prejudice towards them. I do suppose you doe not declyne your old correspondence here out of any dislike or jelosy of him, which he does not diserve. He is very honest to me, and I assure you very kinde to you. Remember me to all your comrades, and when I know more, you shall not faile to heare from him, that will be ever yours.
For Mr. Greene.
Indors'd by secretary Thurloe, Charles Stewart to Mr. Greene.