Empire Berphaunt’s Presence
“One Empire, never yield!”
Current Local Leader: Marquee Admiral Solomon “of the sea” Harris
Empire Berphaunt is a global faction who’s primary write up is found on the global website. The isle of Sothos entered into an alliance with Empire Berphaunt on 8 October, 2264. Follow the link below to learn about the Empire on a global scale. This page will only discuss the Empire’s presence locally.
Link: Empire Berphaunt: Global Empire write up.
Lesser of two evils:
The Empire’s arrival into the small town of Dark Harbor was born of a mutual need. The Empire desired to have an area near the coast of Amaranthia from which they could keep an eye on the Legion’s movements and actions. Meanwhile, Dark Harbor was in the midst of an infestation of Brood, an enemy with which the Empire is all too familiar. The Empire was not the only one to show interest in this area. The White Raven Alliance also was attempting to gain foothold in this budding new hamlet. The alliances efforts were focused, as always, on helping them defeat the “evils” of the Dark Gods. Had they only bothered to learn more about the town they would have seen the futility of this path.
It took but a few soldiers and ships to aide in the destruction of the Brood and their queen, along with a promise to protect the town from the Amaranthine Legion to get a treaty signed. A small price to pay for a new foothold and for new people to show reverence and bend the knee to his Majesty.
The town eventually created a council that the Empire felt comfortable making an initial deal with. These members signed a Treaty of Alliance and a Treaty of Trade and Commerce. What followed has been relative peace and quiet between the Empire and the Sovreign Isle of Sothos
Current status:
After the treaties were signed, the Empire made quick moves to clear a portion of the coast of the island north of Dark Harbor called “The Sunkun Court” and built a garrison. The purpose of this garrison is to offer the Amaranthine Legion a speed bump if they ever try to launch a full-scale attack against Maud’Madir or the Empire specifically. The garrison, known as Camp Axe Breaker, houses roughly a couple thousand-foot soldiers and support staff inside the garrison that protect the camp and its landing zones that help service a small fleet of Empire ships that call Camp Axe Breaker home port.
The interactions between Camp Axe Breaker, the soldiers, and the ships remain very sparse. This temporary assignment for the Empire military members who stay there are usually only there for about a year before rotating back home to Empire Berphaunt. Most of their time is spent training, sailing in the blockade, and drilling to stay prepared for any possible war with the Amaranthian Legion. Per the Alliance, the Empire is only required to help defend Dark Harbor in the event of a full-scale war with the Amaranthine Legion. Any other issue, save for hunting wytchcraft, is considered a domestic issue that Dark Harbor needs to sort out themselves.
Treaty of Alliance:
Treaty of Alliance
The most Imperial Majesty and the Sovereign Islands of Sothos formerly known as Dark Harbor and Devils Cauldron, having this Day concluded a Treaty of amity and Commerce, for the reciprocal advantage of their Subjects and Citizens have thought it necessary to take into consideration the means of strengthening those engagements and of rendering them useful to the safety and tranquility of the two parties, particularly in case The Amaranthian Legion in Resentment of that connection and of the good correspondence which is the object of the said Treaty, should break the Peace with Berphaunt, either by direct hostilities, or by hindering her commerce and navigation, in a manner contrary to the Rights of Nations, and the Peace subsisting between allies; and his Imperial Majesty and the said the Sovereign Islands of Sothos having resolved in that Case to join their Councils and efforts against the Enterprises of their common Enemy, the respective Plenipotentiaries, impower’d to concert the Clauses & conditions proper to fulfil the said Intentions, have, after the most mature Deliberation, concluded and determined on the following Articles.
ART. 1.
If War should break out between Berphaunt and The Amaranthian Legion, during the continuance of the present War between the Sovereign Islands of Sothos and Amaranthia, his Imperial Majesty and the Sovereign Islands of Sothos, shall make it a common cause, and aid each other mutually with their good Offices, their Counsels, and their forces, according to the exigence of Conjunctures as becomes good & faithful Allies.
ART. 2.
The essential and direct End of the present defensive alliance is to maintain effectually the liberty, Sovereignty, and independence absolute and unlimited of the Sovereign Islands of Sothos, as well in Matters of Government as of commerce.
ART. 3.
The two contracting Parties shall each on its own Part, and in the manner it may judge most proper, make all the efforts in its Power, against their common Enemy, in order to attain the end proposed.
ART. 4.
The contracting Parties agree that in case either of them should form any particular Enterprise in which the concurrence of the other may be desired, the Party whose concurrence is desired shall readily, and with good faith, join to act in concert for that Purpose, as far as circumstances and its own particular Situation will permit; and in that case, they shall regulate by a particular Convention the quantity and kind of Succor to be furnished, and the Time and manner of its being brought into action, as well as the advantages which are to be its Compensation.
ART. 5.
If the Sovereign Islands of Sothos should think fit to attempt the Reduction of The Amaranthian Legion Power remaining in the Northern Parts of Amaranthia, or the Sovereign Islands of Sothos, those Countries or Islands in case of Success, shall be confederated with or dependent upon the Sovereign Islands of Sothos.
ART. 6.
The Most Imperial Majesty renounces for ever the possession of the Sovereign Islands of Sothos as well as of any part of the continent of Amaranthia which before this treaty of Alliance. or in virtue of that Treaty, were acknowledged to belong to The Amaranthian Legion, or to the Sovereign Islands of Sothos, heretofore called Dark Harbor and Devils Cauldron, or which are at this Time or have lately been under the Power of The Amaranthian Legion, within 500 miles of the coastline Bordering the latitude and Longitude of the Sovereign Islands of Sothos.
ART. 7.
If his Most Imperial Majesty shall think proper to attack any of the Islands situated in the Gulph of Amaranthia, or near that Gulph, which are at present under the Power of The Amaranthian Legion all the said Isles, in case of success, shall appertain to the Crown of Berphaunt.
ART. 8.
Neither of the two Parties shall conclude either Truce or Peace with of The Amaranthian Legion, without the formal consent of the other first obtain’d; and they mutually engage not to lay down their arms, until the Independence of the Sovereign Islands of Sothos shall have been formally or tacitly assured by the Treaty or Treaties that shall terminate the War.
ART. 9.
The contracting Parties declare, that being resolved to fulfil each on its own Part the clauses and conditions of the present Treaty of alliance, according to its own power and circumstances, there shall be no after claim of compensation on one side or the other whatever may be the event of the War. All Bounties and warrants for crimes are pardoned and no further recourse for past crimes shall be sought by The most Imperial Majesty or his heirs.
ART. 10.
The Most Imperial Majesty and the Sovereign Islands of Sothos, agree to invite or admit other Powers who may have received injuries from The Amaranthian Legion to make common cause with them, and to accede to the present alliance, under such conditions as shall be freely agreed to and settled between all the Parties.
ART. 11.
The two Parties guarantee mutually from the present time and forever, against all other powers, to wit, the Sovereign Islands of Sothos Islands to his most Imperial Majesty the present Possessions of the Crown of Berphaunt in Amaranthia as well as those which it may acquire by the future Treaty of peace: and his Most Imperial Majesty guarantees on his part to the Sovereign Islands of Sothos, their liberty, Sovereignty, and Independence absolute, and unlimited, as well in Matters of Government as commerce and also their Possessions, and the additions or conquests that their Confederation may obtain during the war, from any of the Dominions now or heretofore possessed by The Amaranthian Legion in Amaranthia, conformable to the 5th & 6th articles above written, the whole as their Possessions shall be fixed and assured to the said States at the moment of the cessation of their present War with Amaranthia.
ART. 12.
In order to fix more precisely the sense and application of the preceding article, the Contracting Parties declare, that in case of rupture between Berphaunt and The Amaranthian Legion, the reciprocal Guarantee declared in the said article shall have its full force and effect the moment such War shall break out and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence, until the moment of the cessation of the present War between the Sovereign Islands of Sothos and The Amaranthian Legion shall have ascertained the Possessions.
ART. 13.
The present Treaty shall be ratified on both sides and the Ratifications shall be exchanged in the space of six months, sooner if possible.
| In Faith whereof, the respective Plenipotentiaries have signed the above Articles, the Common Languages, declaring nevertheless that the present Treaty was originally composed and concluded in the Common Language, and they have thereto affixed their Seals. |
| done at Dark Harbor, Capital of the Sovereign Islands of Sothos this Eighth Day of October, two thousand two hundred sixty four. |
Treaty of Amity and Commerce:
| Treaty of Amity and Commerce. |
| The most Imperial Majesty Berphaunt, and the Sovereign Islands of Sothos, willing to fix in an equitable and permanent manner the Rules which ought to be followed relative to the Correspondence and Commerce which the two Parties desire to establish between their respective Countries, States, and Subjects, his most Imperial Majesty Berphaunt and the said Sovereign Islands of Sothos have judged that the said End could not be better obtained than by taking for the Basis of their Agreement the most perfect Equality and Reciprocity, and by carefully avoiding all those burthensome Preferences, which are usually Sources of Debate, Embarrassment and Discontent; by leaving also each Party at Liberty to make, respecting Commerce and Navigation, those interior Regulations which it shall find most convenient to itself; and by founding the Advantage of Commerce solely upon reciprocal Utility, and the just Rules of free Intercourse; reserving withal to each Party the Liberty of admitting at its pleasure other Nations to a Participation of the same Advantages. It is in the Spirit of this Intention, and to fulfil these Views, that his said Majesty having named and appointed for his Plenipotentiary Ambassador Admiral Solomon Harris, Imperial Envoy of the Empire of Berphaunt, Admiral of his Imperial Majesty’sImperial Navy, and the Sovereign Islands of Sothos, on their Part, having fully empowered Conclave of Captains of Dark Harbor; The said respective Plenipotentiaries after exchanging their Powers, and after mature Deliberation, have concluded and agreed upon the following Articles. |
| Article. 1st. |
| There shall be a firm, inviolable and universal Peace, and a true and sincere Friendship between the most Imperial Majesty, his Heirs and Successors, and the Sovereign Islands of Sothos; and the Subjects of the most Imperial Majesty and of the said States; and between the Countries, Islands, Cities, and Towns, situate under the Jurisdiction of the most Imperial Majesty, and of the said Sovereign Islands of Sothos, and the People and Inhabitants of every Degree, without exception of Persons or Places; and the Terms hereinafter mentioned shall be perpetual between the most Imperial Majesty Berphaunt his Heirs and Successors and the said Sovereign Islands of Sothos. |
| Art. 2nd. |
| The most Imperial Majesty Berphaunt, and the Sovereign Islands of Sothos, engage mutually not to grant any particular Favour to other Nations in respect of Commerce and Navigation, which shall not immediately become common to the other Party, who shall enjoy the same Favour freely, if the Concession was freely made, or on allowing the same Compensation, if the Concession was Conditional. |
| Art. 3d. |
| The Subjects of the Imperial Majesty Berphaunt shall pay in the Ports, Havens, Roads, Countries Islands, Cities or Towns of the Sovereign Islands of Sothos or any of them, no other or greater Duties or Imposts, of what Nature so ever they may be, or by what Name so ever called, than those which the Nations most favored are or shall be obliged to pay; and they shall enjoy all the Rights, Liberties, Privileges, Immunities and Exemptions in Trade, Navigation and Commerce, whether in passing from one Port in the said States to another, or in going to and from the same, from and to any Part of the World, which the said nations do or shall enjoy. |
| Art. 4. |
| The Subjects, People and Inhabitants of the Sovereign Islands of Sothos and each of them, shall not pay in the Ports, Havens Roads, Isles, Cities and Places under the Domination of his most Imperial Majesty Berphaunt any other or greater Duties or Imposts of what Nature soever, they may be, or by what Name soever called, than those which the most favored Nations are or shall be obliged to pay; and they shall enjoy all the Rights, Liberties, Privileges, Immunities and Exemptions, in Trade, Navigation and Commerce, whether in passing from one Port in the said Dominions in Maud’madir to another, or in going to and from the same, from and to any Part of the World, which the said Nations do or shall enjoy. |
| Art. 5. |
| In the above Exemption is particularly comprised the Imposition of 100 Silver per Ton, established in Berphaunt on foreign Ships; unless when the Ships of the Sovereign Islands of Sothos shall load with the Merchandize of Berphaunt for another Port of the same Dominion, in which Case the said Ships shall pay the Duty abovementioned so long as other Nations the most favored shall be obliged to pay it. But it is understood that the said Sovereign Islands of Sothos or any of them are at Liberty when they shall judge it proper, to establish a Duty equivalent in the same Case. |
| Art. 6. |
| The most Imperial Majesty Berphaunt shall endeavor by all the means in his Power to protect and defend all Vessels and the Effects belonging to the Subjects, People or Inhabitants of the Sovereign Islands of Sothos or any of them, being in his Ports, Havens or Roads or on the Seas near to his Countries, Islands, Cities or Towns and to recover and restore to the right owners, their agents or Attorneys all such Vessels and Effects, which shall be taken within his Jurisdiction; and the Ships of War of his most Imperial Majesty Berphaunt or any Convoys sailing under his authority shall upon all Occasions take under their Protection all Vessels belonging to the Subjects, People or Inhabitants of the Sovereign Islands of Sothos or any of them and holding the same Course or going the same Way, and shall defend such Vessels, as long as they hold the same Course or go the same way, against all Attacks, Force and Violence in the same manner, as they ought to protect and defend the Vessels belonging to the Subjects of the most Imperial Majesty Berphaunt. |
| Art. 7. |
| In like manner the Sovereign Islands of Sothos and their Ships of War sailing under their Authority shall protect and defend, conformable to the Tenor of the preceding Article, all the Vessels and Effects belonging to the Subjects of the most Imperial Majesty Berphaunt: and use all their Endeavors to recover and cause to be restored the said Vessels and Effects, that shall have been taken within the Jurisdiction of the Sovereign Islands of Sothos or any of them. |
| Art. 8. |
| The most Imperial Majesty Berphaunt will employ his good Offices and Interposition with the King or Emperor of any foreign nation, and the Subjects of the said King Emperor, States and Powers, and each of them; in order to provide as fully and efficaciously as possible for the Benefit, Conveniency and Safety of the Sovereign Islands of Sothos, and each of them, their Subjects, People, and Inhabitants, and their Vessels and Effects, against all Violence, Insult, Attacks, or Depredations on the Part of the said Princes and Nation States, or their Subjects. |
| Art. 9. |
| The Subjects, Inhabitants, Merchants, Commanders of Ships, Masters and Mariners of the States, Provinces and Dominions of each Party respectively, shall abstain and forbear to fish in all Places possessed or which shall be possessed by the other Party: The most Imperial Majesty Berphaunts Subjects shall not fish in the Havens, Bays, Creeks, Roads Coasts or Places, which hold or shall hereafter hold; and in like manner the Subjects, People and Inhabitants of the said Amaranth shall not fish in the Estuaries Bays, Creeks, Roads, Coasts or Places, which the most the Sovereign Islands of Sothos possesses or shall hereafter possess; and if any Ship or Vessel shall be found fishing contrary to the Tenor of this Treaty, the said Ship or Vessel with its lading, proof being made thereof, shall be confiscated. It is however understood, that the Exclusion stipulated in the present Article shall take place only so long, and so far as the most Imperial Majesty Berphaunt or the Sovereign Islands of Sothos shall not in this respect have granted an Exemption to some other Nation. |
| Art. 10. |
| The Sovereign Islands of Sothos their Citizens and Inhabitants shall never disturb the Subjects, of the most Imperial Majesty Berphaunt in the Enjoyment and Exercise of the Right of Fishing on the Sovereign Islands of Sothos Territorial Waters; nor in the indefinite and exclusive Right which belongs to them on that Part of the Coast of that Island which is designed by the Treaty of Alliance; nor in the Rights relative to all and each of the Isles which belong to his most Imperial Majesty Berphaunt; the whole conformable to the true Sense of the Treaties of Alliance. |
| Art. 11. |
| It is agreed and concluded that there shall never be any Duty imposed on the Exportation of Goods that may be taken by the Subjects of any of the Sovereign Islands of Sothos which belong or may hereafter appertain to his most Imperial Majesty Berphaunt. |
| Art. 12. |
| In compensation of the Exemption stipulated by the preceding Article, it is agreed and concluded that there shall never be any Duties imposed on the Exportation of any kind of Merchandize which the Subjects of his most Imperial Majesty Berphaunt may take from the Countries and Possessions present or future of any of the Sovereign Islands of Sothos, for the Use of the Islands which shall furnish 3 dedicated wet berths, 10,000 feet of warehouse space, and land to build barracks to house 30 troops and 4 homes for officers quarters. |
| Art. 13. |
| The Subjects and Inhabitants of the said Sovereign Islands of Sothos, or any one of them, shall not be reputed pariah in Berphaunt, and consequently shall be exempted from the Droit D’Aubaine or other similar Duty under what name soever. They may by Testament, Donation, or otherwise dispose of their Goods moveable and immoveable in favor of such Persons as to them shall seem good; and their Heirs, Subjects of the said the Sovereign Islands of Sothos, residing whether in Berphaunt or elsewhere, may succeed them ab intestat, without being obliged to obtain Letters of Naturalization, and without having the Effect of this Concession contested or impeded under Pretext of any Rights or Prerogatives of Provinces, Cities, or Private Persons. And the said Heirs, whether such by particular Title, or ab intestat, shall be exempt from all Duty called Droit de Detraction, or other Duty of the same kind; saving nevertheless, the local Rights or Duties as much and as long as similar ones are not established by the Sovereign Islands of Sothos or any of them. The Subjects of the most Imperial Majesty Berphaunt shall enjoy on their Part, in all the Dominions of the said States, an entire and perfect Reciprocity relative to the Stipulations contained in the present Article. |
| But it is at the same Time agreed that its Contents shall not affect the Laws made or that may be made hereafter in Berphaunt against Emigrations, which shall remain in all their Force and Vigour; and the Sovereign Islands of Sothos on their Part, or any of them, shall be at Liberty to enact such Laws relative to that Matter, as to them shall seem proper. |
| Art. 14.5 |
| The merchant Ships of either of the Parties, which shall be making into a Port belonging to the Enemy of the other Ally and concerning whose Voyage and the Species of Goods on board her there shall be just Grounds of Suspicion shall be obliged to exhibit as well upon the high Seas as in the Ports and Havens not only her Passports, but likewise Certificates expressly shewing that her Goods are not of the Number of those, which have been prohibited as contraband. |
| Art. 15. |
| If by the exhibiting of the above said Certificates, the other Party discover there are any of those Sorts of Goods, which are prohibited and declared contraband and consigned for a Port under the Obedience of his Enemies, it shall not be Lawful to break up the Hatches of such Ship, or to open any Chest, Coffers, Packs, Casks, or any other Vessels found therein, or to remove the smallest Parcels of her Goods, whether such Ship belongs to the Subjects of France or the Inhabitants of the Sovereign Islands of Sothos unless the lading be brought on Shore in the presence of the Officers of the Court of Admiralty and an Inventory thereof made; but there shall be no allowance to sell, exchange, or. alienate the same in any manner, until after that due and lawful Process shall have been had against such prohibited Goods, and the Court of Admiralty shall, by a Sentence pronounced, have confiscated the same: saving always as well the Ship itself as any other Goods found therein, which by this Treaty are to be esteemed free: neither may they be detained on pretense of their being as it were infected by the prohibited Goods, much less shall they be confiscated as lawful Prize: But if not the whole Cargo, but only part thereof shall consist of prohibited or contraband Goods and the Commander of the Ship shall be ready and willing to deliver them to the Captor, who has discovered them, in such Case the Captor having received those Goods shall forthwith discharge the Ship and not hinder her by any means freely to prosecute the Voyage, on which she was bound. But in Case the Contraband Merchandises cannot be all received on board the Vessel of the Captor, then the Captor may, notwithstanding the Offer of delivering him the Contraband Goods, carry the Vessel into the nearest Port agreeable to what is above directed. |
| Art. 16. |
| On the contrary it is agreed, that whatever shall be found to be laden by the Subjects and Inhabitants of either Party on any Ship belonging to the Enemys of the other or to their Subjects, the whole although it be not of the Sort of prohibited Goods may be confiscated in the same manner, as if it belonged to the Enemy, except such Goods and Merchandizes as were put on board such Ship before the Declaration of War, or even after such Declaration, if so be it were done without knowledge of such Declaration. So that the Goods of the Subjects and People of either Party, whether they be of the Nature of such as are prohibited or otherwise, which, as is aforesaid were put on board any Ship belonging to an Enemy before the War, or after the Declaration of the same, without the Knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without Delay to the proprietors demanding the same; but so as that, if the said Merchandizes be contraband, it shall not be any Ways lawful to carry them afterwards to any Ports belonging to the Enemy. The two contracting Parties agree, that the Term of two Months being passed after the Declaration of War, their respective Subjects, from whatever part of the World they come, shall not plead the Ignorance mentioned in this Article. |
| Art. 17. |
| And that more effectual Care may be taken for the Security of the Subjects and Inhabitants of both Parties, that they suffer no injury by the men of War or Privateers of the other Party, all the Commanders of the Ships of his most Imperial Majesty Berphaunt and of the Sovereign Islands of Sothos and all their Subjects and Inhabitants shall be forbid doing any Injury or Damage to the other Side; and if they act to the contrary, they shall be punished and shall moreover be bound to make Satisfaction for all Matter of Damage, and the Interest thereof, by reparation, under the Pain and obligation of their Person and Goods. |
| Art. 18. |
| All Ships and Merchandizes of what Nature soever which shall be rescued out of the Hands of any Pirates or Robbers on the high Seas, shall be brought into some Port of either State and shall be delivered to the Custody of the Officers of that Port the Sovereign Islands of Sothos in order to be restored entire to the true Proprietor as soon as due and sufficient Proof shall be made concerning the Property thereof, or refitted to for a seaworthy comission. |
| Art. 19. |
| It shall be lawful for the Ships of War of either Party and Privateers freely to carry whithersoever they please the Ships and Goods taken from their Enemies, without being obliged to pay any Duty to the Officers of the Admiralty or any other Judges; nor shall such Prizes be arrested or seized, when they come to and enter the Ports of either Party; nor shall the Searchers or other Officers of those Places search the same or make examination concerning the Lawfulness of such Prizes, but they may hoist Sail at any time and depart and carry their Prizes to the Places expressed in their Commissions, which the Commanders of such Ships of War shall be obliged to shew: On the contrary no Shelter or Refuge shall be given in their Ports to such as shall have made Prize of the Subjects, People or Property of either of the Parties; but if such shall come in, being forced by Stress of Weather or the Danger of the Sea, all proper means shall be vigorously used that they go out and retire from thence as soon as possible. |
| Art. 20. |
| If any Ship belonging to either of the Parties their People or Subjects, shall within the Coast or Dominions of the other, stick upon the Sands or be wrecked or suffer any other Damage, all friendly Assistance and Relief shall be given to the Persons shipwrecked or such as shall be in danger thereof; and Letters of safe Conduct shall likewise be given to them for their free and quiet Passage from thence and the return of every one to his own Country. |
| Art. 21. |
| In case the Subjects and Inhabitants of either Party with their shipping whether public and of War or private and of Merchants, be forced, through Stress of Weather, pursuit of Pirates or Enemies, or any other urgent necessity for seeking of Shelter and Harbor to retreat and enter into any of the Rivers, Bays, Roads or Ports belonging to the other Party, they shall be received and treated with all humanity and Kindness and enjoy all friendly Protection and Help; and they shall be permitted to refresh and provide themselves at reasonable 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 Ways be detained or hindered from returning out of the said Ports or Roads but may remove and depart when and whither they please without any let or hindrance. |
| Art. 22. |
| For the better promoting of Commerce on both Sides, it is agreed that if a War shall break out between the said two Nations, six Months after the Proclamation of War shall be allowed to the Merchants in the Cities and Towns, where they live, for selling and transporting their Goods and Merchandizes; and if any thing be taken from them, or any Injury be done them within that Term by either Party or the People or Subjects of either, full Satisfaction shall be made for the same. |
| Art. 23. |
| No Subjects of the most Imperial Majesty Berphaunt shall apply for or take any Commission or Letters of marque for arming any Ship or Ships to act as Privateers against the Sovereign Islands of Sothos or any of them or against the Subjects People or Inhabitants of the Sovereign Islands of Sothos or any of them or against the Property of any of the Inhabitants of any of them from any Prince or State with which the Sovereign Islands of Sothos shall be at War. Nor shall any Citizen Subject or Inhabitant of the said The Sovereign Dark Cauldron Islands or any of them apply for or take any Commission or letters of marque for arming any Ship or Ships to act as Privateers against the Subjects of the most Imperial Majesty Berphaunt or any of them or the Property of any of them from any Prince or State with which the said King shall be at War: And if any Person of either Nation shall take such Commissions or Letters of Marque he shall be punished as a Pirate. |
| Art. 24. |
| It shall not be lawful for any foreign Privateers, not belonging to the Subjects of the most Imperial Majesty Berphaunt nor Citizens of the Sovereign Islands of Sothos, who have Commissions from any other Prince or State in enmity with either Nation to fit their Ships in the Ports of either the one or the other of the aforesaid Parties, to sell what they have taken or in any other manner whatsoever to exchange their Ships, Merchandizes or any other lading; neither shall they be allowed even to purchase victuals except such as shall be necessary for their going to the next Port of that Prince or State from which they have commissions. |
| Art. 25. |
| It shall be lawful for all and singular the Subjects of the most Imperial Majesty Berphaunt and the Citizens People and Inhabitants of the Sovereign Islands of Sothos to sail with their Ships with all manner of Liberty and Security: 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 the most Imperial Majesty Berphaunt or the Sovereign Islands of Sothos. It shall likewise be 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 to another place belonging to an Enemy, whether they be under the Jurisdiction of the same Prince or under several; And it is hereby stipulated that free Ships shall also give a freedom to Goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the Ships belonging to the Subjects of either of the Confederates, although the whole lading or any Part thereof should appertain to the Enemies of either, contraband Goods being always excepted. It is also agreed in like manner that the same Liberty be extended to Persons, who are on board a free Ship, with this Effect, that although they be Enemies to both or either Party, they are not to be taken out of that free Ship unless they are Soldiers and in actual Service of the Enemies. |
| Art. 26. |
| This Liberty of Navigation and Commerce shall extend to all kinds of Merchandizes excepting those only which are distinguished by the name of contraband; And under this Name of Contraband or prohibited Goods shall be comprehended, Arms, Pikes, Swords, Lances, Spears, halbards, Mortars, Petards, Bucklers, Helmets, breast Plates, Coats of Mail and the like kinds of Arms proper for arming Soldiers, , belts, Horses with their Furniture, and all other Warlike Instruments whatever. These Merchandizes which follow shall not 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 the Species, whereof they are used to be made; gold and Silver as well coined as uncoin’d, Tin, Iron, Latten, Copper, Brass Coals, as also Wheat and Barley 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 nourishment of Mankind and 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, Boards and Beams of what Trees soever; 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 or thing 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 Confederates even to Places belonging to an Enemy such Towns or Places being only excepted as are at that time besieged, blocked up or invested. |
| Art. 27. |
| To the End that all manner of Dissentions and Quarrels may be avoided and prevented on one Side and the other, it is agreed, that in case either of the Parties hereto should be engaged in War, the Ships and Vessels belonging to the Subjects or People of the other Ally must be furnished with Sea Letters or Passports expressing the name, Property and Bulk of the Ship as also the name and Place of habitation of the Master or Commander of the said Ship, that it may appear thereby, that the Ship really and truly belongs to the Subjects of one of the Parties, which Passport shall be made out and granted according to the Form annexed to this Treaty; they shall likewise be recalled every Year, that is if the Ship happens to return home within the Space of a Year. It is likewise agreed, that such Ships being laden are to be provided not only with Passports as above mentioned, but also with Certificates containing the several Particulars of the Cargo, the Place whence the Ship sailed and whither she is bound, that so it may be known, whether any forbidden or contraband Goods be on board the same: which Certificates shall be made out by the Officers of the Place, whence the Ship set sail, in the accustomed Form. And if any one shall think it fit or advisable to express in the said Certificates the Person to whom the Goods on board belong, he may freely do so. |
| Art. 28. |
| The Ships of the Subjects and Inhabitants of either of the Parties, coming upon any Coasts belonging to either of the said Allies, but not willing to enter into Port, or being entered into Port and not willing to unload their Cargoes or break Bulk, they shall be treated according to the general Rules prescribed or to be prescribed relative to the Object in Question. |
| Art. 29. |
| If the Ships of the said Subjects, People or Inhabitants of either of the Parties shall be met with either sailing along the Coasts or on the high Seas by any Ship of War of the other or by any Privateers, the said Ships of War or Privateers, for the avoiding of any Disorder shall remain out of Cannon Shot, and may send their Boats aboard the Merchant Ship, which they shall so meet with, and may enter her to number of two or three Men only to whom the Master or Commander of such Ship or Vessel shall exhibit his passport concerning the Property of the Ship made out according to the Form inserted in this present Treaty, and the Ship, when she shall have shewed such Passport shall be free and at Liberty to pursue her Voyage, so as it shall not be lawful to molest or search her in any manner or to give her chase, or force her to quit her intended Course. |
| Art. 30. |
| It is also agreed that all Goods, when once put on board the Ships or Vessels of either of the two contracting Parties shall be subject to no farther Visitation; but all Visitation or Search shall be made before hand, and all prohibited Goods shall be stopped on the Spot, before the same be put on board, unless there are manifest Tokens or Proofs of fraudulent Practice; nor shall either the Persons or goods of the Subjects of his most Imperial Majesty or the Sovereign Islands of Sothos be put under any arrest or molested by any other kind of Embargo for that Cause; and only the Subject of that State, to whom the said Goods have been or shall be prohibited and who shall presume to sell or alienate such sort of Goods shall be duly punished for the Offence. |
| Art. 31. |
| The two contracting Parties grant mutually the Liberty of having each in the Ports of the other, Consuls, Vice Consuls, Agents and Commissaries, whose Functions shall be regulated by a particular Agreement. |
| Art. 32. |
| And the more to favor and facilitate the Commerce which the Subjects of the Sovereign Islands of Sothos may have with Berphaunt, the most Imperial Majesty Berphaunt will grant them in Arthos, one or more free Ports, where they may bring and dispose of all the Produce and Merchandize of the Sovereign Islands of Sothos; and his Majesty will also continue to the Subjects of the said States, the free Ports which have been and are open in the Berphauantian Islands of Maud’madir. Of all which free Ports, the said Subjects of the Sovereign Islands of Sothos shall enjoy the Use, agreeable to the Regulations which relate to them. |
| Art. 33. |
| The present Treaty shall be ratified on both Sides and the Ratification shall be exchanged in the Space of Six Months, or sooner if possible. |
| In Faith whereof, the respective Plenipotentiaries have signed the above Articles, the Common Languages, declaring nevertheless that the present Treaty was originally composed and concluded in the Common Language, and they have thereto affixed their Seals. |
| done at Dark Harbor, Capital of the Sovereign Islands of Sothos this Eighth Day of October, two thousand two hundred sixty four. |