Page images

to the customs of the place, and an alien to the laws: therefore it is covenanted and agreed between his Majefty of Great Britain, &c. and his Royal Highness, that all differences or controverfies whatfoever, which fhall arife between fubject and fubject of his Majefty, or between the faid fubjects and any perfon that is no fubject of his Majefty, fhall be only pleaded before, and be decided only by, a judge who fhall be called the Delegate of the English nation; which delegate fhall always be chofen by the subjects of his Majefty who live at Nizza, Villa Franca, or S. Hofpitio; provided always, that the election be made out of the number of thofe minifters of his Royal Highnefs which conftitute the confuls of the fea: the delegate fo chofen fhall be continued during the pleasure of the national electors; provided that this continuation be no longer time than what is limited by his Royal Highnefs for the period of the office of the reft of the confuls of the fea. When this delegate is elected, the nation fhall prefent him to his Royal Highnefs, with a petition, that by his authority he may be appointed to exercife this charge; by which authority being conftituted, he fhall with brevity and expedition decide and determine all the aforefaid controverfies, without the formality of legal proceffes, according to the validity and weight of reafon, having regard only to the truth of the fact: and all this fhall be done without any cofts, charges, or expence, except only the bare payment of the writing. From the fentence given by this delegate there fhall no appeal be made or allowed, except to the tribunal of the confuls of the fea refiding at Nizza, where the delegate himself is to be one, and fits as one of the judges; from which tribunal no appeal is to be admitted. But if in the progrefs of time his Majefty's fubjects in the faid ports become numerous (which is to be hoped, from the good and well-compofed laws) if any inconvenience be found in the deciding of controverfies according to the


[ocr errors][ocr errors]

manner prefcribed, then, as to whatsoever controver-
fies which fhall happen and arife only between fubject
and fubject of his Majefty, the following rule for an
unappealable deciding of them fhall be established and
confirmed between his Majefty and his Royal High-
ness, which then is to be in full force and vigour from
that time which his Majefty fhall require it of his
Royal Highnefs. The form or rule is this:-The fub-
jects of his Majefty fhall choose, out of the number of
the English nation, three, which for life and manners
are esteemed men of the greatest integrity amongst
them; these three they fhall humbly prefent to his
Royal Highness, that he may benignly please to ap-
point one of them, who, under the title of Delegate of
his Royal Highnefs, is to exercife the office which
fhall immediately be declared: by whofe authority
when he fhall be conftituted, and to that purpofe has
obtained letters from his Royal Highnefs, he fhall not-
withstanding be incapable of exercifing his charge, till
he hath first taken oath before the already-mentioned
national delegate, or, in his abfence, before some
other of the confuls of the fea refiding at Nizza for
his Royal Highnefs. These things premifed, when a
controverfy or difference fhall arife or happen, the
plaintiff and the defendant fhall each of them choofe
two arbitrators, whom they fhall declare and constitute
to be fuch before the delegate of his Royal Highness,
to every one of which the delegate fhall adminifter an
oath, upon the holy evangelifts, to this purpose; "That
they will, according to the utmost of their power, laying
afide all refpect of perfons, and according to good
confcience and beft rule of juftice, give their fentence
of arbitration righteoufly and faithfully." After which,
oath they may convene, as occafion offers, but always
in the prefence of the faid delegate: which delegate
fhall have no voice in cafe that the major part of the
four arbitrators agree in their arbitration; which if
they do, the decifion fo made fhall be valid and firm :
but if the arbitrators, by reafon of their equality of votes,


agree not, then the delegate of his Royal Highness, having first taken the fame oath the arbitrators did, before one of the confuls of the sea at Nizza, shall have a vote amongst the other four arbitrators, and the decifion fhall be on that fide which has the majority of votes, to all purposes valid and firm. In both cafes, the decifion thus amicably made shall be tranfmitted to his Royal Highness within the fpace of one month, that by his authority it may have its full force, and be put in execution. This delegate shall be further obliged to make writings or records, as delegate of his Royal Highness, and it fhall be his charge carefully to keep and preferve the fame. He fhall be continued three years in his office, and be obliged to give an account, to the delegate that fucceeds him, of all matters that were tranfacted under him.

XI. Eleventhly, If any subject of his Majesty shall die in the faid ports without making his will, or fhall appoint by his will one to be executor who lives in none of the faid ports, the whole nation fhall be convened, and by them fome perfons fhall be chofen of good life, fame, and credit; who together with the delegate of his Royal Highness, his Majefty's fubject, and the conful of the nation, fhall take care of the estates of the perfon deceased, fo that it may not be embezzled, but kept for them to whom of right it does belong: which perfons fo elected by the nation fhall be, before the tribunal of the confuls of the fea refiding at Nizza, conftituted and appointed adminiftrators, to the intent aforefaid, of the goods of the deceased: and to this end they fhall have full power to demand and keep whatfoever of right belonged to the perfon deceafed, and alfo to pay and difcharge whatfoever of right was due from the deceased person to any


XII. Twelfthly, All mariners, fubjects of his Majefty, who fhall defert their own captain or mafter, and enter in any other fhip or veffel, upon complaint made


[ocr errors]

to the officer of his Royal Highness at Nizza, Villa Franca, or S. Hofpitio, fhall be taken from the ship that received them, and be reftored to their first captain or master. If any mariner deferts his own captain or master, and retires into any public or private house of any of the inhabitants in the faid ports, and shall be concealed by the inhabitant, he fhall be forcibly taken out of the house, and the housekeeper fined twenty dollars for every fuch offence: if any mariner fhall lie all night on fhore in any public or private house, without leave in writing under the hand of his officer, the housekeeper lodging him fhall pay ten dollars if any mariner contracts a debt with, or runs in debt to any inhabitant of the faid ports, above the fum of one dollar, without license in writing from his captain or mafter, his creditor fhall lofe it: but if any mariner does get one to be bound for the debt, who is not a mariner, the mariner fhall be let go; but the person that is bound for him may be retained for the debt.

XIII. Thirteenthly, It is covenanted and agreed, that all fhips of war belonging to his Majefty, whenfoever they fhall come into the faid ports, fhall in every point be received with the fame honour as any fhips or veffels whatsoever belonging to whatsoever Monarch or Prince during the abode of his Majefty's fhips in the faid ports, nothing neceffary or convenient fhall be denied them, they paying a competent price for it; and as for their victualling, licenfe is granted to any perfon deputed to victual the fhips, throughout all the dominions of his Royal Highnefs, to contract for and buy all things neceffary and convenient for fuftenance, and to caufe all the faid things fo bought to be brought into the faid ports, without any cuftom, duty, or impoft, paying for them only the first coft; and it is further covenanted, that the faid fhips of war of his Majefty, during their abode in the faid ports, fhall be protected and defended against any whomfoever that



[ocr errors]

would attempt any violence or hoftility against them.

XIV. Fourteenthly, Since in this inftrument of commerce there has been mention made of certain fifcal orders or tariffs, commonly called books of rates or public duties; one of which, printed the tenth of December, one thousand fix hundred and fifty-one, contains the customs or duties which are to be paid for all commodities whatsoever, which are fold within the dominions of his Royal Highnefs: a fecond contains, at the end of the general order of the Porto Franco (the thirtieth of October, one thousand fix hundred thirty-three) the duties that are to be paid for paffage by land through the ftate of his Royal Highnefs and the third, and the laft, underwritten by the procurator of his Royal Highness, contains the lazaretto duties or expences which are to be paid for the purging of goods that make quarantena: all which three books of rates and duties are to be regulated according to the limitations and restrictions in the foregoing articles: it is covenanted, that the faid tariffs, or rates and duties, fhall never be changed or altered without confent of the conful and the major part of the English merchants and factors refiding in the faid ports. It is alfo further covenanted, that the merchants and factors, fubjects of his Majefty, fhall be difpatched with all expedition in the feveral places where cuftoms or duties are to be paid, and that none of the faid fubjects fhall be at any time liable to revifion of accounts under pretence of defraudation. And if any officer of his Royal Highnefs, by way of reward, voluntary donative, or any other way whatfoever, fhall exact or receive any fum or value beyond what is appointed in the mentioned tariffs or rates, limited as in the aforefaid articles, the perfon fo offending fhall be imprisoned the space of three months or more, if his Royal Highnefs think fit, and fhall pay three times the full value of what he fo demanded or received; one half of which fhall be


[ocr errors]
« PreviousContinue »