V. BETWEEN ENGLAND AND SWEDEN. Concluded July 17th, 1656. Treaty between Charles Gustavus King of Sweden, and Oliver Cromwell Protector of England; whereby the Treaty of Alliance made between those two States the 11th of April 1654, is confirm'd and explain'd. Done at London, Anno, 1656. [Consisted of 11 Articles.] "VII. Whereas it is provided by the aforesaid Treaty at Upsal, that Satisfaction should be given for the Losses which either of the Confederates or his People or Subjects sustain'd from the other, or his People or Subjects, during the War between the Republick and the States of the United Netherlands, 'tis now agreed, that three Commissioners shall be delegated and deputed on each side, who shall take Cognizance of, and decide all those Disputes; which Commissioners shall meet at London, the first day of January next. And the three Commissioners abovemention'd, so chosen and deputed on both sides, shall have power to take all those things into their Consideration which shall be exhibited or propos'd on both sides, and which happened in the said Period, as well concerning the Restitution of the Ships or Goods hitherto detain'd, as the Satisfaction for Losses sustain'd by the detaining of the Ships of either of the Confederates, which are already or shall hereafter be released; or if it can be conviently done in any other manner, they shall judge of them summarily, according to Right and Reason, without any Appeal or Forms of Law; and both Partys shall make it their chief Business and Endeavour that what is just and right be transacted in the Controversys aforesaid without any delay, and that what is taken away be restor'd, and Satisfaction perform'd and made fully and really for the Losses and Expences, according to the Tenor of the XIIIth Article of the aforesaid Treaty at Upsal. But if the said Commissioners cannot agree in any Reasons or Foundations whatsoever of the Proofs relating to such Restitution or Satisfaction, then those Differences shall be left to another Convention of the Confederates. And that this may be done with the least loss of time, they shall use their endeavour to finish the Cognizance of all these matters in question within six Months after the first meeting; and the Restitution and Satisfaction for those Losses shall be made and perform'd fully and without delay, within the space of a Month after Sentence is pass'd, by that King or State whose Subjects shall be doom'd to perform the Satisfaction. "In Witness of all and singular the Premises, we the Commissioners of the most Serene and the most High Protector of the Republick of England, Scotland, Ireland, &c., by virtue of our aforesaid Commission, or full Powers, have sign'd the present Treaty, consisting of eleven Articles, with our Hands, and seal'd it with our Seals. Done at Westminster July 17, Anno 1656.” A General Collection of Treatys of Peace and Commerce, &c. London, M. DCC.XXXII. (Supra.) Vol. III., pages 169, 170, 173, 174. VI.-BETWEEN ENGLAND AND HOLLAND. Concluded 19th February, 1674. Articles of Peace between the most Serene and Mighty Prince, Charles the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c., and the High and Mighty Lords the States General of the United Netherlands; Concluded at Westminster the 9/19 day of February, 1673/4. This treaty, which consisted of eleven Articles and one secret Article, provided for the creation of Tribunals of Commissioners in the following terms: "ART. VIII.-That the Marine Treaty made at The Hague between the two Parties in the Year 1668 be continued for Nine months after the Publication of this present Treaty, unless it shall be otherwise Agreed on by a subsequent Treaty; and that in the meantime the Consideration of a new one be referred to the same Commissioners to whom the trade in the East Indies is referred in the subsequent Article. "But if such Commissioners, within Three months after their first meeting, shall not agree upon a new Marine Treaty, then that Matter shall also be referred to the Arbitration of the Most Serene Queen Regent of Spain, in the same manner as the Regulation of the East-India trade is referred to Her Majesty in the said Article next following. "ART. IX.—In respect that upon the mutual, free, and undisturbed enjoyment of Trade and Navigation, not only the Wealth, but the Peace likewise of both Nations is most highly concerned ; there ought nothing to be so much the care of both Parties as a just Regulation of Trade, and particularly in the East-Indies; and yet, in respect that the weightiness of the Matter requireth much time to make firm and durable Articles to the Content and Security of the Subject on both Sides, and on the other side, the bleeding Condition of most part of Europe, as well as of the two parties concerned, earnestly demand a speedy Conclusion of this Treaty, the King of Great Britain is pleased to condescend to the Desires of the States-General, to have the Consideration of the same referred to an equal number of Commissioners to be nominated by each Party, the said States-General Engaging themselves to send those of their nomination to Treat at London with those to be nominated by His Majesty; and this within the space of Three months after the Publication of this Treaty; The number to be nominated by each to consist of six Persons; And in case that after Three months from the time of their first Assembling they shall not have the good success to conclude a Treaty, the Points in difference betwixt them shall be referred to the Arbitrament of the Most Serene Queen Regent of Spain, whe shall nominate eleven Commissioners, and whatsoever the major part of them shall determine as to the remaining Differences shall oblige both Parties; Provided still, that they deliver their Judgment within the space of Six months from the day of their Assembling, which shall likewise be within the space of Three months after the said Most Serene Queen Regent of Spain hath accepted of the being Umpire." 1686. Chalmers' Treaties," Vol. I., pp. 175, 176, from official copy published in Several Treaties of Peace and Commerce concluded between the Late King (Charles II.), &c. Reprinted and published by His Majesty's special command. London, 1685, pages 181, 182. A General Collection of Treatys, &c. (Supra.) London, M.DCC.XXXII Vol. III. pages 279, 280. About the sies. A Judge to TREATY OF FLORENCE. BETWEEN ENGLAND AND SAVOY. 1669. A Treaty of Friendship and Commerce between His Majesty of Great Britain, &c., and the Most Serene Prince the Duke of Savoy. Concluded at Florence the 19th day of September, 1669. [Consisted of 15 "Articles Covenanted ”]. "Tenthly, Since that nothing doth more torment any man Controver than Controversies in Law before Tribunals of Judicature, in regard of the Great Expence both of Time and Money; But more especially one who is a Stranger to the Customs of the Place, and an Alien to the Laws: Therefore it is Covenanted and Agreed between his Majesty of Great Britain, &c. and his Royal Highness, That all Differences or Controversies whatsoever, which shall arise between Subject and Subject of his Majesty, or between the said Subjects and any Person that is no Subject of his Majesty, shall be only Pleaded before, and be Decided only by a Judge who shall be called the Delegate of the English Nation, which Delegate shall always be chosen by the Subjects of his Majesty who live at Nizza, Villa Franca, or S. Hospitio; Provided always, that the Election be made out of the number of those Ministers of his Royal Highness which Constitute the Consuls of the Sea: The Delegate so chosen shall be continued during the Pleasure of the National Electors; Provided that this Continuation be no longer time than what is limited by his Royal Highness for the Period of the Office of the rest of the Consuls of the Sea. When this Delegate is Elected, the Nation shall Present him to his Royal Highness, with a Petition, that by his Authority he may be appointed to Exercise this Charge; By be chosen, and called the Delegate English |