COPY
Of the Fifth & Sixth ARTICLES of the Treaty of Neutrality in America, between England and France, in the Year 1686. late sent in Orders to His Majesty's Frigots attending the Government of this Province, to be put in Execution to Effect.
Fifth.
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-Britains Subjects, shall not drive their Commerce and Trade, nor Fish in the Havens, Rivers, Bays, Creeks, Roads, Shores or Places, which the Most Christian King holds or shall hereafter hold in America. And in like manner the Most Christian Kings Subjects shall not drive their Commerce and Trade, nor Fish in the Havens, Rivers, Bays, Creeks, Roads Shores 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 made thereof, shall be Confiscated. Nevertheless the Party who shall find himself aggrieved by such Sentence of Confiscation, shall have Liberty to apply himself to the Privy Council of that King, by whose Governours or Judges the Sentence has been given against him, and to lay before them his Complaint concerning that matter, which however shall not hinder the Execution of the Sentence. But 'tis 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.
Sixth.
TIS also agreed that in case the Subjects and Inhabitants of either of the Kings with their Shipping (whether Publick and of War, or Private and of Merchants,) be forced thro' Stress of Weather, pursuit of Pirates and Enemies, or any other urgent necessity, for seeking of Shelter and Harbour, to retreat and enter into any of the Rivers, Creeks, Bays, Havens, Roads, Ports and Shores belonging to the other in America, they shall be received and treated there with all Humanity and Kindness, and Enjoy all friendly Protection and Help: And it shall be Lawful for them to refresh and provide themselves at Reasonable and the Usual Rates with Victuals, and all things needful for the Sustenance of their Persons, or Reparation of their Ships, and Conveniency of their Voyage; And they shall no manner of way be detained or hindered from returning out of the said Ports or Roads, but shall remove and depart when and whither they please, without any let or hindrance: Provided always that they do not break bulk, nor carry out of their Ships any Goods, exposing them to Sale; nor receive any Merchandize on board, or employ themselves in Fishing; under the Penalty of Confiscation of Ships and Goods, as in the foregoing Article is expressed. And it is further Agreed, That whensoever the Subjects of either King shall be forced to enter with their Ships into the other Ports, as is afore-mentioned, they shall be Obliged at their coming in, to hang out their Flagg for the Colours of their Nation, and give Notice of their coming, by Thrice firing a Cannon; and if they have no Cannon, by firing Musket Thrice, which if they shall Omit to do, and yet send their Boat on Shore, they shall be lyable to Confiscation.
BOSTON: Printed by B. Green, Printer to His Excellency the GOV. & COUNCIL. 1715.
{Begin handwritten}Mass. Bros{End handwritten}
MASSACHUSETTS HISTORICAL SOCIETY
FENWAY BOSTON
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