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The Treaty of Ryswick (1697)

The cluster of bilateral peace treaties concluded at the royal palace at Ryswick in Holland between 20 September and 30 October 1697 under Swedish mediation, which ended the Nine Years War, declared null and void every letter of marque, reprisal and counter-marque then outstanding between the signatories, and fixed the dated windows beyond which a captured prize was no longer lawful and a commissioned cruiser still at sea became, in law, a robber.

Also writtenPeace of Ryswick; Treaty of Rijswijk; Peace of Rijswijk; The peace of 1697; The Ryswick settlement

The peace signed at Ryswick (Rijswijk) in Holland between 20 September and 30 October 1697 ended the Nine Years War. Its weight for this archive sits in a handful of articles rather than in the redrawn map. The signatory powers cancelled the letters of marque they had granted, and the cancellation bound only the pairs who signed.

A congress of bilateral instruments

France concluded separately with Great Britain and with Spain on 20 September 1697, and with the Emperor and the Empire on 30 October. A French memorial of 1 September had named 20 September the last day for acceptance. The Franco-Spanish separate article then allowed the Emperor until 1 November, and he signed with two days in hand. Nils Lillieroot of Sweden mediated, and his name stands first in the Franco-Spanish signature block.1

Article IX and the annulment of private war

Article IX of the Anglo-French treaty dealt with the instruments of private war. "All Letters, as well of Reprifal as of Marque and Counter-Marque; which hitherto have for any caufe been Granted on either fide, fhall be, and remain Null and Void", in the spelling of the 1698 English printing. Every commission then outstanding between the two crowns became void paper. Fresh letters were made conditional on a documented denial of right, with a four-month waiting period before reprisals could issue.2

Article X supplied the clock. Captures would still be good prize for twelve days in the British and North Seas as far as Cape St Vincent, for ten weeks beyond that cape and on this side of the Line, and for six months beyond it. Article XXV of the Franco-Spanish treaty ran the same device on a slower setting, allowing four weeks, six weeks, ten weeks and eight months by zone from publication, with anything taken later to be restored "with a recompence for all Damages fuftained thereby". Counted from signature, the home-waters window closed about 2 October 1697 and the window beyond the Line about 20 March 1698.3

Restitution, and what the articles do not say

Article VII required each king to restore "all Countries, Iflands, Forts and Colonies wherefoever fituated" that the other had held before the declaration of war, within six months. Article VIII sent the competing claims in Hudson's Bay to commissioners, who were to meet in London within three months of ratification.4

Later writers say Louis XIV recognised William III as King of England and undertook to give no further assistance to James II. The printed Article IV carries no such words. It styles William King of Great Britain throughout and binds Louis to "on no Account whatfoever difturb" him in his kingdoms. James is nowhere named, and the recognition is carried by styling and by negative undertaking. Fortescue's preface to the colonial calendar says flatly that "the so-called peace was but a truce".5

The island the treaty does not name

Whether Ryswick gave France the western third of Hispaniola is the question on which the legal birth of Saint-Domingue turns. One later writer has the treaty formally ceding that territory from Spain to France. Another holds both readings at once: that Spain tacitly recognised the French presence and deliberately omitted the island from the treaty, and elsewhere that Spain formally recognised French control of Tortuga. The 1698 English printing contains no occurrence of Hispaniola, Tortuga, Santo Domingo or the West Indies in the Franco-Spanish instrument.6

Cartagena, and the end of a partnership

Four months before the signing, a royal French squadron and a body of buccaneers sacked Cartagena de Indias together. Bernard Desjean, Baron de Pointis, made the sailing signal and was under sail from Brest at daybreak on 7 January 1697, and the whole assistance he had from the government of Saint-Domingue was about 650 buccaneers, 110 inhabitants of Saint Domingo, 170 garrison soldiers of the coast and 180 Africans. The city was stormed at the end of April and he lay there until the last of May, taking by his own account near upon eight or nine millions that could not escape him. The division ended in an extremely bitter quarrel with Governor Jean-Baptiste du Casse, who reckoned two of the eight millions belonged to the buccaneers but was shown an account in which his and their shares came to about 40,000 crowns; at the end of May the buccaneers, enraged at the small part given them, resolved to return and plunder the city a second time.7

Did the peace make pirates?

Cecil Headlam, prefacing the 1908 calendar volume, states the demobilisation case directly. The Darien expedition "had been to a large extent manned by officers and soldiers of the rank and file thrown out of employment by the Peace of Ryswick", and he frames the transition in one sentence: "the era of buccaneering, in which there had been some spice of patriotism, was therefore succeeded by an era of unmitigated piracy". J. W. Fortescue, editing the volume for 1697 and 1698, locates the engine elsewhere. The complaints now came from the East India Company, and "these predatory vessels were equipped by British Colonists at various American ports, but chiefly from Rhode Island and New York". Frederick Philipse victualled Adam Baldridge's base on Ile Sainte-Marie (St Mary's) off Madagascar.8

The peace abolished the legal category of the lawful cruiser by a dated mechanism; whether the men it released took to piracy depended on prize opportunity and on colonial outfitting.

The law that followed

The Act of Grace of 1698 offered pardon to pirates in the Indian Ocean and excepted Henry Every and William Kidd. A pardon offered on those terms is the shape that returns after Utrecht.

Kidd is the emblematic figure of the peace interval. He sailed under a letter of marque signed by William III, took the Quedagh Merchant on 30 January 1698, was arrested at Boston in July 1699 and hanged at Execution Dock on 23 May 1701. Headlam instead has him carry a cotton ship to Madagascar in May 1698 and seize the Quidah Merchant five weeks after that, which puts the prize in about June.

What the sources cannot yet give is any count. No figure for the privateering commissions revoked in 1697, no muster returns for 1697 and 1698, and no tally of vessels turning pirate in 1698 and 1699 has been established; the Admiralty series HCA at Kew and the letters of marque declarations are where those numbers would be. The treaty texts quoted above come from an English translation printed in London in 1698, damaged by optical recognition, so that the first Imperial plenipotentiary appears variously as Kaunitz, Caunitz and Catinitz. The Cartagena particulars, the sailing from Brest and the numbers taken up at Saint-Domingue, come from Pointis's own account printed at London in 1698, and no other paper of 1697 has been read against it.

What the evidence does not settle

Cause of post war piracy recruitment

  • Headlam's demobilisation thesis rivals Fortescue's market and complicity thesisUnverified

Cession of Hispaniola and Tortuga

  • Whether Ryswick ceded them to France or merely acquiescedDisputed

Quantitative record of the demobilisation

  • The number of privateering commissions revoked is unknown

Each line is one question with its own grade, taken from the register where a claim carries it. Nothing here is graded as a whole.

Sources for this record

Every statement above that rests on a checked claim carries a small number; the numbers lead here. Each entry gives what is claimed, how far the record supports it, and where it comes from.

  1. The peace of Ryswick was a set of bilateral instruments negotiated in parallel at one congress under the mediation of Nils Lillieroot of Sweden, France concluding separately with Great Britain and with Spain on 20 September 1697, the date named as the last day for acceptance in a French memorial of 1 September, and with the Emperor and the Empire on 30 October, two days inside the term of 1 November allowed by the Franco-Spanish separate article. Unverified Reported, not yet checked against the record. Contemporary printed compilation of treaty texts: Jacques Bernard, compiler, The Acts and Negotiations, together with the Particular Articles at Large, of the General Peace, Concluded at Ryswick (London, printed for Robert Clavel and Tim. Childe, 1698), digitised copy from the Rare Books Department, Boston Public Library, Internet Archive identifier actsnegotiations00bern
  2. Article IX of the Anglo-French treaty annulled the instruments of private war outright, providing that "All Letters, as well of Reprifal as of Marque and Counter-Marque; which hitherto have for any caufe been Granted on either fide, fhall be, and remain Null and Void", and made fresh letters conditional on a documented denial of right with a four-month waiting period before reprisals could issue. Confirmed Directly supported by the record. Contemporary printed compilation of treaty texts: Jacques Bernard, compiler, The Acts and Negotiations of the General Peace, Concluded at Ryswick (London, 1698), Anglo-French treaty, Article IX; original spelling and printer's errors preserved from the 1698 English translation
  3. Article X of the Anglo-French treaty fixed the grace periods within which captures would still be good prize at twelve days in the British and North Seas as far as Cape St Vincent, ten weeks beyond that cape and on this side of the equator, and six months beyond the Line throughout the whole world, while Article XXV of the Franco-Spanish treaty set four weeks, six weeks, ten weeks and eight months by zone reckoned from the publication of the treaty, prizes taken after the prefixed time to be restored "with a recompence for all Damages fuftained thereby". Confirmed Directly supported by the record. Contemporary printed compilation of treaty texts: Jacques Bernard, compiler, The Acts and Negotiations of the General Peace, Concluded at Ryswick (London, 1698), Anglo-French treaty, Article X, and Franco-Spanish treaty, Article XXV
  4. Article VII of the Anglo-French treaty required mutual restitution of "all Countries, Iflands, Forts and Colonies wherefoever fituated" possessed before the declaration of war, the whole to be completed within six months, and Article VIII referred the competing claims in Hudson's Bay to commissioners who were to meet in London within three months of ratification and determine all differences within six months of their first meeting. Confirmed Directly supported by the record. Contemporary printed compilation of treaty texts: Jacques Bernard, compiler, The Acts and Negotiations of the General Peace, Concluded at Ryswick (London, 1698), Anglo-French treaty, Articles VII and VIII
  5. Later writers state that Louis XIV recognised William III as King of England and undertook to give no further assistance to James II, but the printed Article IV contains no such words: it styles William King of Great Britain throughout, binds Louis to "on no Account whatfoever difturb" him in the free possession of his kingdoms and to give no assistance "directly or indirectly, to any Enemy or Enemies", and never names James, so that the recognition is carried by styling and by negative undertaking rather than by an express clause. Disputed The sources disagree, and we say how. Contemporary printed treaty text: Jacques Bernard, compiler, The Acts and Negotiations of the General Peace, Concluded at Ryswick (London, 1698), Anglo-French treaty, Article IV
  6. Whether Ryswick formally ceded the western third of Hispaniola and Tortuga from Spain to France or merely acquiesced in the French presence by deliberate omission is contested between later writers, one of whom carries both readings at once, and the 1698 English printing of the treaties contains no occurrence of Hispaniola, Tortuga, Santo Domingo, the Antilles or the West Indies in the Franco-Spanish instrument or its separate article. Disputed The sources disagree, and we say how. Contemporary printed treaty text: Jacques Bernard, compiler, The Acts and Negotiations of the General Peace, Concluded at Ryswick (London, 1698)
  7. The Cartagena expedition of 1697: Bernard Desjean, Baron de Pointis, made the sailing signal and was under sail from Brest at daybreak on 7 January 1697; the whole assistance he had from the government of Saint-Domingue was about 650 buccaneers, 110 inhabitants of Saint Domingo, 170 garrison soldiers of the coast and 180 Africans; the city was stormed at the end of April and he lay there until the last of May. By his own account the plunder that could not escape him came to near upon eight or nine millions. The division ended in an extremely bitter quarrel with Governor Jean-Baptiste du Casse, who reckoned two of the eight millions belonged to the buccaneers but was shown an account in which his and their shares amounted only to about 40,000 crowns; and at the end of May the buccaneers, enraged at the small part given them, resolved to return and plunder Cartagena a second time. Likely More likely than not on the evidence we have. Commander's printed account: An Account of the Taking of Carthagena by the French in the Year 1697... By Monsieur De Pointis, Commander in Chief (London, printed for Sam. Buckley, 1698), read in the Internet Archive copy of the Early English Books scan: "I made the sailing Signal, and was under Sail by that time it was Day, it being upon the Seventh of January, 1697"; "Seven Frigats from Eight to Twenty four Guns, on board them about Six hundred and fifty Buccaniers, One hundred and ten Inhabitants of S. Domingo, One hundred and seventy Garrison Soldiers of the Coast, and One hundred and eighty Negroes... This was all the assistance which I received from the Government of St. Domingo"; "besides near upon Eight or Nine Millions that could not escape us"; "by his Calculation, of the eight Millions, he reckon'd two of them belong'd to the Buccaniers"; "his, and the Buccaniers Shares, amounted only to about 40000 Crowns... he fell into such a Rage"; "the Buccaniers being enrag'd at the small part I gave them of the Booty... they were come to the Resolution, to return and plunder Carthagena"
  8. The causation is carried as two parallel readings rather than one: Cecil Headlam's 1908 calendar preface attributes post-1697 recruitment of displaced men to the peace, stating that the Darien expedition "had been to a large extent manned by officers and soldiers of the rank and file thrown out of employment by the Peace of Ryswick" and that "the era of buccaneering, in which there had been some spice of patriotism, was therefore succeeded by an era of unmitigated piracy", while J. W. Fortescue's 1905 preface attributes the new depredations chiefly to colonial outfitting and Red Sea prize opportunity, recording that "these predatory vessels were equipped by British Colonists at various American ports, but chiefly from Rhode Island and New York". Unverified Reported, not yet checked against the record. Calendared state papers, editors' prefaces: Cecil Headlam, editor, Calendar of State Papers Colonial, America and West Indies, volume 17, 1699 and Addenda 1621 to 1698 (London, 1908), preface, pages vii to lix; J. W. Fortescue, editor, Calendar of State Papers Colonial, America and West Indies, volume 16, 1697 to 1698 (London, 1905), preface, pages v to xxxiv