powers was, I believe, in 1650, in the treaty between Spain and the United Provinces; in which it is agreed, arts. XIII. and XIV., that the goods of either party found on board the ships of the enemies of the other shall be confiscated, and that the goods of the enemies of either party shall be free from capture when on board the ships of the other party, being neutral. (1)

A few years before this, a treaty had been made. between France and Holland, in 1646, which certainly would, from the words employed, appear to include the principle that "free ships make free goods," but which was not understood in this sense by the French. By the French ordinance of 1584, the property of enemies confiscated the property of neutrals, when found together; thus, a neutral ship was confiscated if she had enemies' property on board, and neutral goods were also confiscated if found on board an enemy's vessel. Remonstrances having been made against this hard treatment, it was granted by the French king, in the treaty now quoted, that, for four years, the ordinance should be suspended with regard to the United Provinces, whose ships "seront libres, et rendront aussi toute leur charge libre, bien qu'il y eust dedans de la merchandise, même des grains et légumes, appartenans aux ennemis; sauf et excepté toutefois les marchandises de contrebande." This would seem to us at the present day to convey the privilege that "free ships should make free goods;" and it appears that the Dutch so understood the article; but when, in 1653, De Witt endeavoured to establish this principle in treaty with France, the Dutch negotiator, Boreel, found, to his surprise, that the French never intended this construction of the treaty, which they understood merely to convey an abrogation of the ordinance of 1584 on the

(1) Dumont, VI. 1. 571.

infection of hostile property, and that they only allowed its import to be that hostile goods, even provisions, found on board a neutral ship should not, for four years, entail the confiscation of the ship and the remainder of the cargo. (1) I suppose that the same construction must have been intended by the French in their treaty with the Hanse Towns, in 1655, of which the tenor is similar, that, for fifteen years, the neutrality of the Hanse ships should make their cargoes free, and that the goods of Hanse subjects, being neutral, should be restored to them if found on board the ships of the enemies of France. (2) The construction seems forced, now that we are accustomed to attach so different a meaning to similar expressions; but the treaty bears a near resemblance to that of 1646, and it is improbable that Louis XIV. would grant to the Hanse Towns, for whom he could not feel much concern, terms which he was refusing to the Dutch, who only obtained this privilege after long negotiations.

In 1654 was made the first treaty in which this country agreed that the flag should cover the cargo. In the treaty between England and Portugal, of this year, it was agreed that the goods of either party should be lawful prize if found on board the enemies of the other, and that the goods of the enemies of either should be free from capture when on board the ships of the other, being neutral. (3)

In the treaty, however, made the same year, 1654, between England and the United Provinces, no alteration is made in the old rule, (4) although each of the contracting parties had the new stipulation in force. with other allies. Nor is there any alteration made in

(1) See Ward, 128-132.
(2) Dumont, VI. II. 103, 104.

(3) Id. VI. II. 84.
(4) Id. VIII. 74.

our treaty with Sweden of the same year; (1) nor in our treaty with Denmark, likewise of 1654; (2) nor in the treaty between the United Provinces and Brandenburgh, in 1655.

Indeed, in pursuing this investigation chronologically, nothing can be more obvious than that nothing like a general principle was established by the treaties of the seventeenth century; treaties of directly opposite tendency being made by the same powers at the same period. Thus we have seen above that England had agreed to the clause that "free ships should make free goods, and enemy's ships make enemy's goods," in our treaty with Portugal in 1654; but in our treaty with Sweden, in 1655 (supplementary to the above cited treaty with Sweden in 1654), express provisions are made to prevent the goods of enemies from being fraudulently concealed on board the ships of friends. (3) Again, Sweden made no alteration in the old rule in her treaty with the United Provinces in 1656,(4) although the United Provinces had the new stipulation in their Spanish treaty of 1650. It is to the Dutch that must be ascribed, not only the introduction of the principle, "that free ships shall make free goods,” in the first treaty in which this was recognized between two Christian powers, but their steadfastness of purpose in negotiating for this privilege was the occasion of its ever having been at all generally stipulated in treaties between European powers. The carrying trade, one great source of their commercial wealth and maritime importance, evidently had its security incalculably augmented and its value proportionably heightened, by an arrangement which allowed the Dutch, when neutral, to carry on the commerce of all States at war, at a time when war was the rule, and peace the exception,

among the States of Europe. De Witt made the attainment of this privilege the constant aim of his negotiations in France and England. But he never thought of claiming this principle as a right; his whole aim was to obtain it as a privilege; and his negotiators endeavoured to procure this stipulation by offering in return, invariably, that the goods of neutrals found on board the ships of enemies should be lawful prize to the captors. Notwithstanding the assiduity of the Dutch ambassadors, many years elapsed before this privilege was granted to them; the refusals of their proposition were constant, both in France and England; and it was not till between fifteen and twenty years after their first advances that the Dutch obtained this privilege from France, in 1661; and they afterwards made use of our desire to detach them from French interests to obtain from us the same stipulations, in their treaty with England in 1667.

To continue the chronological account of the treaties on this subject between European powers. By art. XIX. of the treaty of the Pyrenees, in 1659, it was agreed between France and Spain, that the new clause of free ships making free goods, and the reverse, should be the future rule between the two nations. (1) To this treaty the United Provinces became parties in 1661, (2) in which year the United Provinces also introduced the new stipulation in their treaty with Portugal. (3) In our treaty with Sweden, also of 1661, it is expressly stipulated, art. XII., that enemies' goods, in the ships of either confederate, shall be prize to the captor; and that the goods of either confederate, found in the ships of enemies, shall be restored to their owners. (4) Also in the treaty between Sweden and France, in 1661, (5)

no alteration is made in the old rule; nor in those made between the same parties in 1662, (1) and in 1663. (2) Our treaty with Denmark, in 1661, makes no alteration in the old rule; (3) but in a treaty between Denmark and France, in 1662, the clauses of "free ships free goods," and the reverse, are introduced. (4) In the treaty between the United Provinces and France, of the same year, the new clause is introduced, making art. xxv.; (5) but in the treaty between the United Provinces and England, also of 1662, no alteration is made in the old rule. (6)

In 1667, the new clause, that "free ships shall make free goods," and the counter-stipulation, was inserted in the treaty between England and Spain, (7) and in the treaty between the United Provinces and Sweden, (8) and also, for the first time between these two powers, between England and the United Provinces, at Breda. (9) But in our treaty, dated the same day, 31st July, 1667, with Denmark, no alteration is made in the old rule. (10) In 1668, the above treaty of Breda was renewed between England and the United Provinces; (11) and in the same year the treaty of the Pyrenees, which contained the new principle, was renewed between France and Spain, at Aix-la-Chapelle. (12)

In the treaty between Great Britain and Denmark, of 1670, express provision is made by art. XX., to prevent the goods of enemies from being screened from capture, by the ships of either confederate, being neutral. (13)