Treaties of Good Correspondence

Treaty of Good Correspondence
Long title Treaty of Good Correspondence
Territorial extent	Basque Country and Territorial waters
Signed by	Spain( Biscay Gipuzkoa)  Kingdom of France (Labourd, Bayonne)
Commenced	Since the 13th century

The Treaties of Good Correspondence were agreements drawn up under the Ancien Régime by the Basques of France and those of Spain, designed to guarantee the continuity of their economic relations despite the wars between the two countries.

The first treaties appeared at the end of the 13th century and remained in use until the early 19th century. They were signed on Île des Faisans by representatives of each of the parties, under the supervision of the highest authorities of each of the two states, France and Spain.

Other examples of the same economic pragmatism can still be found today all along the border between Spain and France, the latest dating from 1957 between Vera de Bidassoa and Sare. On the other hand, other peoples, such as the Sámi, still use the same logic to protect themselves from the political ups and downs between states.

History

Arthur de Boislisle noted: "You know how difficult it is to prevent the people of Labourd from following their ancient customs; nor are you unaware that, at whatever price, the inhabitants of the mountains of France and Spain wish to consecrate their union, which the fiercest wars have never been able to interrupt [...]".^[1]

The first treaties, whose actual title is "Treaties of Commerce or Good Correspondence between the Inhabitants of the Government of Bayonne and the Bailiwick of Labourd and those of the Provinces of Guipuscoa and the Seigniory of Biscay^{[ED 1]}", seem to date from the end of the thirteenth century (1294) and the beginning of the fourteenth century (1306, 1309, 1311 and 1328)^{[Note 1][ED 2]} - at the time, the aim was to regularize the restitution of pinnaces stolen by the inhabitants of Bayonne or Biarritz, as well as those of Santander or Castro-Urdiales.^{[CL 1]} Nevertheless, the most numerous treaties date from the seventeenth century. M. Habasque and the Intendant de Bezons date the origin of these treaties to 1625 and 1653 respectively.^{[2][ED 3]}

The Bayonne municipal archives record treaties dated October 17, 1536,^[3] September 30, 1537, December 23, 1652, December 20, 1653, December 13, 1654,^{[ED 4]} 1667, 1675 and 1690.^{[ED 5]} The Saint-Jean-de-Luz archives mention the treaty of 1719.^{[ED 6]}

Following the alliance of the Bourbons of France and Spain in the 18th century, these treaties lost their usefulness.^[4] During this century, we should note the treaty of 1719, established during the Regent's war against Philip V, and that of 1795, during the occupation of Guipuscoa by Directory troops, concluded with Biscay.

As a final illustration of these treaties, in 1808 Napoleon authorized Bayonne to supply Irun, an authorization he extended in 1810 to the whole of Gipuzkoa and Biscay.^{[ED 7]}

Range

The treaties concerned commercial and pastoral activities in the French and Spanish parts of the Basque country. The Pyrénées-Atlantiques departmental archives noted that: "As Labourd borders Spain via the famous Mondarrain mountain at Itxassou, via Sare and the Urrugne pass, the inhabitants take their herds to graze on the Spanish mountains, which are not subject to flies like ours, and in turn, the Spaniards take their herds to our mountains where there is less snow. There are secret treaties between them, and so as not to be noticed, from time to time they take cattle away from each other, and this so-called war ends when the catches on both sides are equal [...]".^{[ED 8]}

Notwithstanding these pastoral realities, the real purpose of these treaties was to regulate maritime relations and exchanges between Bayonne, Labourd, Guipuscoa and Biscay, with the aim of making the ports prosper, following, for example, agreements allowing Labourd boats to winter in Spanish Basque ports, notably Pasajes, given the inadequacy of shelters in French or English ports (Bayonne).^{[CL 1]} Inter-regional cooperation was hampered by the outbreak of war, which in particular enabled privateering.

The following commodities and goods were commonly traded:^{[ED 9]}

• all types of vegetables and bread cereals such as wheat, rye and barley;
• preserved fish (dry and green cod, whale meat and blubber, pickled fish or escabetche);
• cattle, sheep and pigs;
• manufactured products (or petrecheries) such as pitch, resin, tar, tallow, rope, "Ollones and noyales^{[Note 2]} hemp except and except cannons, powder, wicks, bullets and any other kind of weapons, which will be prohibited on both sides [...]".

Treaties commonly stipulated that "vessels may reciprocally use the ports and remain there all the time necessary to refuel and repair their damage without being seized or captured, on condition that they are provided with safe-conducts, issued by the military governor of Bayonne, for Spanish vessels, and by the governors general of Biscay and Guipuscoa for French vessels [...]".^{[ED 10]}

One of these treaties, dating from 1719, paved the way for the concepts that would become part of today's maritime law. It set at "four leagues from the coast the extent of the territorial sea, which forms a fictitious extension of the national territory".^{[Note 3]} It also stated that "no act of war may take place in this zone [...]" and that "if two enemy ships meet in the same port, one may not leave until twenty-four hours after the other [...]".^{[ED 7]}

Formalities

These treaties had to bring together the four traditional representations, Labourd and Bayonne on the one hand, and Guipuscoa and Biscay on the other. In July 1694, for example, the city of Bayonne refused to establish a treaty of Good Correspondence with Biscay alone.^{[Note 4]}

The treaties, which more or less follow the structure of the 1653 agreement, contain twelve articles - those of 1536-1537 have only nine. After the first four articles, which set out certain general provisions,^{[Note 5]} the conventions of commerce and navigation themselves are dealt with, in particular the establishment of a passport which "legitimizes the voyage and protects the ship and merchandise from capture".^{[CL 2]}

all ships [...] sailing with goods may not be taken by any subject of the kings of France and Spain, provided they are in possession of a passport [...].^{[Note 6]}.

Article 7 goes even further, as it excludes Basque vessels from the "good catch" status recognized for privateer vessels:

In the event that, in violation of the present treaty, any of the subjects of the kings of France and Spain wish to take vessels or merchandise from those included in the said treaty, and that the said vessels or merchandise are taken either to the port of the said government or the said province, or to some other port in France or Spain [...] the inhabitants shall be respectively obliged to take the necessary steps [...] to have the said vessels and merchandise returned -article 7 then insists that only Basque vessels are concerned- [...] which others shall not enjoy this freedom [...].^{[Note 7]}

The conclusion of these treaties was handled by deputies from each interested province. The Biltzar had the right to appoint delegates from Labourd.^{[Note 8]} Bayonne's delegates were elected by the "Corps de Ville". The recurring rivalry for precedence between the representatives of Labourd and Bayonne led the king to resolve the conflict by imposing the following diplomatic procedure:^{[ED 11]} the delegates from Bayonne first discussed with the representatives of the two Spanish provinces, and the next day, the Labourdins began their talks with the same Spanish delegates. Although discussed on different days, the various treaties bear the same date (separate treaties which will nevertheless be signed on the same day), in order to spare the susceptibility of the Labourdins, disadvantaged by the order of precedence accorded to the Bayonnais.

On the appointed date,^{[ED 12]} delegates from the four representations met on Île des Faisans, or Conference Island. A notary who had witnessed the separate negotiations then drew up the deed and handed a copy to each of the delegations.

Although these treaties appear to have been negotiated directly between the deputies of the Basque provinces belonging to two different countries, in the absence of any representative of the royal authority, this freedom is only apparent. In fact, the King of France granted prior authorization.^{[Note 9][Note 10]} In addition, the King expressly confirmed each of the treaties, as evidenced by the documents preserved in the Bayonne archives.^{[Note 11][Note 12]} On September 20, 1694, the Duc de Grammont represented "in Bayonne the ratification of the Treaty of Correspondence made by the King between the Governor of Bayonne, the Syndic of Labourd, the Province of Guipuzcoa and the Seigneury of Biscay".^{[ED 13]} The same was true for the Spanish side, since article 12 of the 1653 treaty stipulated that "it shall be reciprocally ratified by Their Most Christian and Most Catholic Majesties" and registered in the "Admirautez de France et dans celles d'Espagne".

Complaints and claims arising from the application of these treaties were to be adjudicated within two months, by the "Alcades y Corregidores" - the mayors and procurators - of Biscay or Guipuscoa, on the Spanish side, or by the "mayors, aldermen and councils of Bayonne, by the bailiff of Labourd or the bayle of Saint-Jean-de-Luz", on the French side.^{[ED 14]}

Similar treaties

The ability to sign such cross-border treaties can be found further east, on the Franco-Spanish border, since, according to Léon Cadier, the Béarnais possessed this same faculty, also attributed by the fueros of the Val d'Aran to its inhabitants.^[5][6] The treaty bringing together the inhabitants of the Barétous valley and those of the Roncal valley are also worth mentioning, under the name of Tribute of the Three Cows, perpetuating to this day the pastoral dependence existing on both sides of the Pyrenees.^[7] The treaty of La Vesiau, or Port of Astun, was established between the Aragonese commune of Jaca and the communes of Etsaut, Urdos and Cette-Eygun in the upper Aspe valley.

Caroline Lugat likens these treaties, "in spirit and content, to the treaties of lees and passeries signed between the Pyrenean valleys during the Franco-Spanish wars".^[8] The Treaty of Bayonne acknowledged the survival of these treaties as part of customary pastoral law. The last treaty dates from November 3, 1957, between Vera de Bidassoa and Sare.

Étienne Dravasa points out that even today, the Sámi sign agreements with Sweden, Norway and Finland guaranteeing them access to grazing land, agreements that remain valid even in the event of war between the three states.^{[ED 15]}

See also

• Borders of France
• Quinto Real

Notes

References

• Étienne Dravasa, Les privilèges des Basques du Labourd sous l'Ancien Régime, 1950

• Caroline Lugat, Les Traités de Bonne Correspondance: une dérogation aux règles du droit maritime international, 2006

• Other sources

Bibliography

• Étienne Dravasa. Les privilèges des Basques du Labourd sous l'Ancien Régime (in French). San Sebastiàn - 1950.
• Maïté Lafourcade. Actes de la journée d'études du 16 novembre 1996 (in French). Centre d'Études basques de l'université de Pau et de Pays de L'Adour, Faculté pluridisciplinaire Bayonne-Anglet-Biarritz - 1996.Maïté Lafourcade is Professor of Legal History at the Université de Pau et des Pays de l'Adour.
• Caroline Lugat. Les Traités de Bonne Correspondance : une dérogation aux règles de droit maritime international (16th - 17th centuries) (in French). Itsas Memoria. Revista de Estudios Maritimos del Pais Vasco - San Sebastiàn - 2006.
• Joseph Nogaret (1925). Saint-Jean-de-Luz des origines à nos jours (in French). Bayonne: Imprimerie du Courrier.