708 PUBLIC TREATIES. no distinction being made who are the proprietors of the merchandizes laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with His_Catholic Majesty or the United States. It shall be likewise lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandizes aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, toanother place belongingto an enemy, whether they be under the jurisdiction of the same Prince or under several; Fm, mp,, ,,,,,1,,, and it is hereby stipulated that free ships shall also give freedom to free goods. goods, and that everything shall be deemed free and exempt which shall [See Article XII, be found on board the ships belonging to the subjects of either of the
- ¤‘°·¤'¤¥ of 181% P- contracting parties, although the whole lading, or any part thereof,
716*1 should appartain to the enemies of either; contraband goods being always excepted. lt is also agreed that the same liberty be extended to persons who are on board afree ship, so that, although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies. Anzrrcrn XVI. _Contr¤band ai- This liberty of navigation and commerce shall extend to all kinds
- ‘°l°'· of merchandize , excepting 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 the fnsees, and other things belonging to them, cannon-ball, gnnpowder, match, pikes, swords, lances, speards, halberds, mortars, petards, granades, salpetre, mnskets, mnsket-balls, bucklers,. helmets, breastplates, coats of mail, and the like kind of arms proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other war- Articles not con- like instruments whatever. These merchandizes which follows shall not
- ¤•l>¤¤d· be reckoned among contraband or prohibited goods: That is to say, all
sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton. or any other materials whatever; all kinds of wearing apparel, together with all species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, iron, latton, copper, brass, coals, as also wheat, barley, oats, and any other kind of corn and pulse; tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts, and in general all provisions which serve for the sustenance of life. Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloths, anchors, and any parts of anchors; also ships’ masts, planks, wood of all kind, 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 prepared for war, by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all 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 parties, even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested. And except the cases in which any ship of war or squadron shall, in consequence of storms or other accidents at sea, be under the necessity of taking the cargo of any trading vessel or vessels, in which case they may stop the said vessel or vessels, and furnish themselves with necessaries, giving a receipt, in order that the Power to whom the said ship of war belongs may pay for the articles so taken according to the price thereof, at the port to which they may appear to
