any formal agreement to the contrary notwithstanding; but all and every the injuries violences, hostilities, damages and charges sustained on each side by words, writing or deeds, shall without respect of persons or things be so entirely abolished that whatsoever may upon that account be pretended against the other, shall be buried in perpetual oblivion. TREATY OF NEUTRALITY, 1686. BETWEEN LOUIS XIV., KING OF FRANCE AND JAMES II., KING OF ENGLAND. CONCLUDED AT LONDON, THE 16TH OF November, 1686. (Extract.) It has been concluded and agreed that from the day of the present Treaty there shall be between the English and French nations a firm peace, union, concord, and good correspondence as well by sea as land in North and South America, and in the isles, colonies, forts and towns, without exception in the territories of his Most Christian Majesty, and of his Britannic Majesty, and governed by the Commandants of their said Majesties respectively. II. That no vessel or boat, large or small, belonging to his Most Christian Majesty shall be equipped or employed in the said isles, colonies, fortresses, towns and governments of his said Majesty, for the purpose of attacking the subjects of his Britannic Majesty, in the isles, colonies, fortresses, towns and governments of his said Majesty, or doing there any harm or damage. And in this manner, likewise, that no vessel or boat, great or small, belonging to the subjects of his Britannic Majesty shall be equipped or employed in the isles, colonies, fortresses, towns and governments of his said Majesty, for the purpose of attacking the subjects of his Most Christian Majesty in the isles, colonies, fortresses, towns and governments of his said Majesty, or to do them any injury or damage. III. That no soldiers, or men-at-arms, or any other persons whatsoever, residing or living in the said isles, towns, or governments of his Most Christian Majesty, or come there from Europe in garrison, shall exercise any act of hostility, or do any injury or damage directly or indirectly, to the subjects of his Britannic Majesty in the said isles, colonies, fortresses, towns and governments of his said Majesty; or lend or give any aid or assistance in men or provisions to savages against whom his Britannic Majesty shall be at war. And in like manner, no soldiers or men-at-arms, or any other persons whatsoever, residing or being in the said isles, colonies, fortresses, towns and governments of his said Britannic Majesty, or come there from Europe in garrison, shall exercise any act of hostility or do any injury or damage to subjects of his Most Christian Majesty in the said isles, colonies, fortresses, towns and governments of his Majesty; or lend or give any aid or assistance, in men or provisions, to savages with whom his Most Christian Majesty shall be at war. IV. It has been agreed that each of the said kings shall have and hold the domains, rights and preeminences in the seas, straits, and other waters of America, and in the same extent which of right belongs to them, and in the same way they enjoy them at present. V. And therefore the subjects, inhabitants, merchants, commanders of ships, masters and mariners of the kingdoms, provinces and dominions of each king respectively shall abstain and forbear to trade and fish in all the places possessed or which shall be possessed by one or the other party in America, viz. the King of Great Britain's subjects shall not drive their trade and commerce, nor fish in the harbours, bays, creeks, roads, shoals, or places which the Most Christian King holds or shall hereafter hold in America: And in like manner, the Most Christian King's subjects shall not drive their commerce and trade, nor fish in the waters, bays, creeks, roads, shoals or places which the King of Great Britain possesses or shall hereafter possess in America. And if any ship or vessel shall be found trading or fishing contrary to the tenor of this Treaty, the said ship or vessel, with its lading, proof being given thereof, shall be confiscated; nevertheless, the party who shall find himself aggrieved by such sentence or confiscation, shall have liberty to apply himself to the Privy Council of the King, by whose governors or judges the sentence has been given against him. But it is always to be understood that the liberty of navigation ought in no manner to be disturbed, where nothing is committed against the genuine sense of this Treaty. * * * XI. The commandants, officers, subjects of either of the two kings, shall not molest the subjects of the other king in the establishment of their colonies respectively, or in their commerce and navigation. XII. For the greater security of the subjects of his Most Christian Majesty as well as those of his Britannic Majesty, and to prevent vessels of war, or other vessels owned by private persons, doing injury or damage, all captains of vessels, as well of his Most Christian Majesty as those of his Britannic Majesty, and all their subjects who equip vessels at their own expense, also persons in the enjoyment of privileges, and companies, shall be forbidden to do any injury or damage to those of the other nation, on pain of being punished in case of contravention, and be liable for all damages, either by the seizure of their goods or the imprisonment of their persons. [By Art. XIII all captains of war vessels, armed at the expense of private persons, were hereafter to give bonds in the sum of £1,000 stg., or 13,000 livres, and when the number of men is more than 150, in £2,000 stg., or 26,000 livres, that they would make good all damages which they or their officers might cause in the course of their navigation against the present treaty.] [By Art. XIV the governors and officers of the two King were to discountenance all pirates; not giving them any aid nor allowing them to take shelter in their ports respectively; "and that the said governors and officers should be expressly ordered to punish as pirates all those who might be found to have armed one or more vessels sailing without commission or legitimate authority."] [Art. XV made the taking by the subject of either king, of any commission in the army of a sovereign at war with the other, piracy.] [Art. XVII. If disputes arise between the subjects of the two Crowns in the isles, colonies, ports, towns and government under their dominion, they are not to be allowed to interrupt the peace, but are to be decided by those having authority on the spot, and in case they cannot decide them, they are to remit them at once to the two Crowns to be settled by their Majesties.] XVIII. Further, it has been concluded and agreed that if ever, which God forbid, any rupture should take place in Europe between the said Crowns, the garrisons, armed forces, or subjects of whatever condition of his Most Christian Majesty, being in the isles, colonies, forts, towns and governments which are at present, or may hereafter be, under the dominion of his said Majesty in America, shall not exercise any act of hostility by sea or land against the subjects of his Britannic Majesty, inhabitants of any of the colonies of America. And in like manner, in case of a rupture in Europe, the garrisons, armed forces, or subjects of whatever condition of his Britannic Majesty, being in the isles, colonies, forts, towns and governments which are at present, or may hereafter be, under the dominion of his Britannic Majesty in America, shall not exercise any act of hostility, either by sea or land, against the subjects of his Most Christian Majesty inhabiting any colony whatever in America. But there shall always be a firm peace and neutrality between the said peoples of France and Great Britain, just as if no such rupture had taken place. [XIX. This treaty, not to derogate from the Treaty of Breda, July, 1667, all the articles of which are to remain in force and vigour to be observed.] [WEEN LOUIS XIV., KING OF FRANCE, AND JAMES II., KING OF ENGLAND. (CONCLUDED AT WHITEHALL, 11TH DECEMBER, 1687.) [M. Paul Barillon, Councillor of State and French Ambassador, M. François Dusson Bonrepans, were the Commissioners for France, and Counts Sunderland and Middleton, Lord of Godolphin, were appointed on behalf of Great Britain, "to execute the treaty cluded on the 6-16 November, 1686, to settle and terminate all the differences which arisen between the subjects of the two Crowns, in America, as well as to fix the nds and limits of the colonies, isles, islands, lands, and countries under the dominion he two Kings in America and governed by their Commandants, or which are of their endencies."] We, the undernamed Commissioners, in virtue of the powers which we have received the said Kings, our Masters, promise, agree and stipulate in their name, by the pretreaty, that, up to the 11th January of the year 1689, new style, and after that time 1 the said Most Serene Kings give some new and express order in writing, all persons Governors and Commandants of the colonies, isles, lands and countries whatsoever under dominion of the two Kings in America, are absolutely forbidden to commit any act of ility against the subjects of either of the said Kings, or to attack them; and the Goverand Commandants are not to suffer, under any pretext whatever, that they shall do any ence; and in case of contravention on the part of the said Governors, they shall be ished, and obliged, in their own private names, to make restitution for the damage ch may have been done by such contravention; and the same shall be done in the case l other contraventions; and the present convention shall have full and entire effect in best manner possible. We have, besides, agreed that the said Most Serene Kings shall, on as possible, send the necessary orders to their Commandants in America, and that shall send to the other authentic copies of the same. VII. The Most Christian King shall restore to the said King of Great Britain all counislands, forts and colonies, wheresoever situated, which the English did possess re the declaration of this present war. And in like manner the King of Great Brishall restore to the Most Christian King all countries, islands, forts and colonies, esoever situated, which the French did possess before the declaration of war; and restitution shall be made on both sides within the space of six months, or sooner if be done. And to that end, immediately after the ratification of this Treaty; each e said Kings shall deliver or cause to be delivered to the other, or to commissioners orized in his name for that purpose, all acts of concession, instruments and necessary s duly made and in proper form, so that they may have their effect. VIII. Commissioners shall be appointed on both sides to examine and determine the s and pretensions which either of the said Kings hath to the places situated in HudBay; but the possession of those places which were taken by the French, during peace that preceded this present war, and were retaken by the English during this and tenor; the merchandizes therein mentioned shall be restored; the Governor at the Fort taken there shall be set at liberty, if it be not already done; the differences which have arisen concerning the execution of the said capitulation and the value of the goods there lost, shall be adjudicated and determined by the said commissioners; who, immemediately after the ratification of the present Treaty, shall be invested with sufficient authority for the settling of the limits and confines of the lands to be restored on either side by virtue of the foregoing article, and likewise for exchanging of lands, as may conduce to the mutual interest and advantage of both Kings. TREATY OF UTRECHT, 1713. X. The said Most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right forever, the Bay and Streights of Hudson, together with all lands, seas, sea-coasts, rivers, and places situate in the said Bay and Streights, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the subjects of France. All which, as well as any buildings there made in the condition they now are, and likewise all fortresses there erected either before or since the French seized the same, shall, within six months from the ratification of the present treaty, or sooner if possible, be well and truly delivered to the British subjects having commission from the Queen of Great Britain to demand and receive the same, entire and undemolished, together with all the cannon and cannon-ball which are therein, as also with a quantity of powder if it be there found, in proportion to the cannon-ball, and with the other provision of war usually belonging to cannon. It is, however, provided, that it may be entirely free for the Company of Quebec, and all other the subjeets of the Most Christian King whatsoever, to go by land or by sea, whithersoever they please, out of the lands of the said Bay, together with all their goods, merchandizes, arms and effects of what nature or condition soever, except such things as are above referred in this article. But it is agreed on both sides, to determine within a year by Commissaries to be forthwith named by each party, the limits which are to be fixed between the said Bay of Hudson and the places appertaining to the French; which limits both the British and French subjects shall be wholly forbid to pass over, or thereby to go to each other by sea or by land. The same Commissioners shall also have orders to describe and settle, in like manner, the boundaries between the other British and French colonies in those parts. XI. The above mentioned Most Christian King shall take care that satisfaction be given, according to the rule of justice and equity, to the English Company trading to the Bay of Hudson, for all damages and spoil done to their colonies, ships, persons and goods by the hostile incursions and depredations of the French, in time of peace, an estimate being made thereof by Commissioners to be named at the requisition of each party. The same Commissioners shall moreover inquire as well into the complaints of the British subjects concerning ships taken by the French in time of peace, as also concerning the damage sustained last year in the island called Montserrat and others, as into those things of which the French subjects complain, relating to the capitulation in the island of Nevis, and castle of Gambia, also to French ships, if perchance any such have been taken by British subjects in time of peace; and in like manner into all disputes of this kind which shall be found to have arisen between both nations, and which are not yet ended; and due justice shall be done on both sides without delay. XII. The Most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratification of this treaty shall be exchanged, solemn and authentic letters, or instruments, by virtue whereof it shall appear, that the island of St. Christopher is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadia, with its ancient boundaries, as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts which depend on the said lands and islands, together with the dominion, propriety, and possession of the said islands, lands, and places, and all right whatsoever, by treaties, or by any other way obtained, which the Most Christian King, the Crown of France, or any the subjects thereof, have hitherto had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to the Queen of Great Britain, and to her Crown forever, as the Most Christian King doth at present yield and make over all the particulars above said, and that in such ample manner and form, that the subjects of the most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say, on those which lie towards the east within thirty leagues, beginning from the island commonly called Sable inclusively, and thence stretching along towards the south-west. XIII. The island called Newfoundland, with the adjacent islands, shall from this time forward belong of right wholly to Britain; and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner, if possible, by the Most Christian King, to those who have a commission from the Queen of Great Britain for that purpose. Nor shall the Most Christian King, his heirs and successors, or any of their subjects, at any time hereafter lay claim to any right to the said island and islands, or to any part of it or them. Moreover, it shall not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish; or to resort to the said island beyond the time necessary for fishing and drying of fish. But it shall be allowed to the subjects of France. to catch fish and to dry them on land in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the River St. Lawrence and in the gulf of the same name, shall hereafter belong of right to the French, and the most Christian King shall have all manner of liberty to fortify any place or places there. XIV. It is expressly provided that in all the said places and colonies to be yielded and restored by the Most Christian King, in pursuance of this treaty, the subjects of the said King may have liberty to remove themselves within a year to any other place as they shall think fit, together with all their moveable effects. But those who are willing to remain there, and to be subjects to the Kingdom of Great Britain, are to enjoy the free exercise of their religion according to the usage of the Church of Rome, as far as the laws of Great Britain do allow the same. XV. The subjects of France inhabiting Canada, and others, shall hereafter give no hindrance or molestation to the five nations or cantons of Indians subject to the dominion of Great Britain, nor to the other natives of America who are friends to the same. In like manner the subjects of Great Britain shall behave themselves peaceably towards the Ameri cans who are subjects or friends to France; and on both sides they shall enjoy full liberty of going and coming on account of trade. As also the natives of those countries shall with the same liberty, resort, as they please, to the British and French Colonies, for promoting trade on one side and the other, without any molestation or hindrance, either on the part of the British subjects or of the French. But it is to be exactly and distinctly settled by Commissioners, who are, and who ought to be, accounted the subjects and friends of Britain or of France. THE TREATY OF AIX-LA-CHAPELLE, 1748. (SPAIN). Art. V. All the conquests that have been made since the commencement of the present war, or, which, since the conclusion of the preliminary articles, signed the 30th April last, may have been or shall be made, either in Europe or the East and West Indies, or in any part of the world whatsoever, being to be restored without exception, in conformity |