About the sies. A Judge to be chosen, and called the Delegate of the English 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 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 all Con but to the the Consuls of the Sea. which Authority being Constituted he shall with brevity and To Decide expedition Decide and Determine all the aforesaid Controversies, troversies. without the Formality of Legal Processes, according to the validity and weight of Reason having regard only to the truth of the Fact: and all this shall be done without any Costs, Charges, or Expence, except only the bare payment of the Writing. From the Sentence given by this Delegate there shall no appeal be No Appeal made or allowed, except to the Tribunal of the Consuls of the Tribunal of Sea residing at Nizza, where the Delegate himself is to be one, and sits as one of the Judges, from which Tribunal no Appeal is to be admitted. But if in the progress of time his Majesty's Subjects in the said Ports become numerous (which is to be hoped from the good and well composed Laws), if any Inconvenience be found in the Deciding of the Controversies according to the manner prescribed; then as to whatsoever Controversies which shall happen and arise only between Subject and Subject of his Majesty, the following rule for an unappealable Deciding of them shall be Established and Confirmed between his Majesty and his Royal Highness, which then is to be in full force and vigour from that time which his Majesty shall require it of his Royal Highness. The Form or Rule is this: The Subjects of Controver his Majesty shall choose out of the English Nation Three, which the English for Life and Manners are esteemed Men of the greatest Integrity by Arbitraamongst them; these Three they shall humbly present to his Royal Highness, that he may benignly please to appoint One of them, who under the Title of Delegate of his Royal Highness, is to Exercise the Office which shall immediately be declared: By whose Authority when he shall be Constituted, and to that purpose has obtained Letters from His Royal Highness he shall notwithstanding be incapable of Exercising his Charge till he hath first taken Oath before the already mentioned National Delegate; or, in his absence, before some Other of the Consuls of the Sea residing at Nizza for his Royal Highness. These things premised, when a Controversy or Difference shall arise or happen, the Plaintiff and the Defendant shall each of them choose two Arbitrators, whom they shall declare and constitute to be such sies amongst to be decided tion. before the Delegate of his Royal Highness, to every one of which the Delegate shall administer an Oath upon the holy Evangelists, to this purpose; That they will according to the utmost of their power, laying aside all respect of Persons, and according to gooa Conscience and best Rule of Justice, give their Sentence of Arbitration Righteously and Faithfully. After which Oath they may convene, as occasion offers, but always in the presence of the said Delegate; which Delegate shall have no Voice in case that the major part of the four Arbitrators agree in their Arbitration; which if they do, the Decision so made shall be valid and firm: But if the Arbitrators by reason of their equality of Votes agree not; then the Delegate of his Royal Highness, having first taken the same Oath the Arbitrators did, before one of the Consuls of the Sea at Nizza, shall have a Vote amongst the other four Arbitrators, and the Decision shall be on that side which has the majority of Votes, to all purposes valid and firm. In both Cases the Decision thus amicably made, shall be transmitted to his Royal Highness within the space 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 shall be his Charge carefully to keep and preserve the same. He shall be continued three years in his Office, and be obliged to give an account to the Delegate that succeeds him, of all matters that were Transacted under him.” Several Treaties of Peace and Commerce Concluded between the late King. &c. Reprinted and l'ublished by His Majesty's Special Command. London, 1685. Pages 115-120. JUDGES-CONSERVATORS. 1713. The Assiento Treaty, between Great Britain and Spain, provided for the creation of tribunals in America, similar to those of the "Conservators of Commerce" in Europe, in connection with the African Slave Trade. "Given at Madrid, the 26th of March, 1713." "XIII. The said Assientists may nominate, in all the Ports and Chief Places of America, Judges-Conservators of this Assiento, whom they may remove and displace, and appoint others at pleasure, in the manner allow'd to the Portuguese in the eighth Article of their Assiento; provided always that they shew a justifiable Cause for their so doing, before the President, Governour, or Audience of such District, which shall be by them respectively approv'd, so as this Nomination may fall on some of his Catholic Majesty's Ministers; which said Judges are to have Cognizance, exclusive of all others, of all Causes, Affairs and Suits, relating to this Assiento, with full Authority and Jurisdiction: All Audiences, Ministers and Tribunals, Presidents, Captains-General, Governours, Corregidores, Great Alcaides, and other Judges and Justices whatsoever, the Vice-Roys of those Kingdoms included, being forbidden to meddle therewith; forasmuch as the said Judges-Conservators are alone to have the Cognizance of these Causes and their Incidents, from whose Sentences an Appeal (in such Cases as the Law allows) shall lie to the Supreme Council of the Indies; with this Condition, that the said Judges-Conservators may not demand or pretend to greater Salaries than those the Assientists shall think good to allow them for that Service; and if any of them exact any more, his Catholic Majesty will order it to be restor❜d. He will also grant that the President or Governour of the said Council for the time being, or the Decano (eldest Member) thereof, shall be Protector of this Assiento; and also that they may propose a Minister of the same Council, (whom they shall think most proper) to be their Judge-Conservator, exclusive of all others, with his Catholic Majesty's Approbation, in like manner as has been done in former Assientos. "XIV. It shall not be lawful for any other Tribunal or Minister whatever of his Catholic Majesty to hinder, but on the contrary they shall be compelled to afford all the aid and succour, that the said Assientists, or their Factors shall desire, for fitting out, dispatching etc. their Ships. “ XV. . . . . . Nor shall the said Ministers search the Houses or Warehouses of the Factors or others belonging to this Assiento; unless in case it shall have been prov'd that there has been some fraudulent and prohibited Importation, and then they may be search'd with assistance of the Judge-Conservator, herein absolutely required, who shall take care to prevent Pilferings and Embezlements, that use to happen by the great number of Soldiers and Officers that crowd to such Places on these Occasions." By Article XII. of the Treaty of Peace at Utrecht, between Great Britain and Spain the 13th day of July, 1713, the "Contract for introducing Negros into several Parts of the Dominions of his Catholic Majesty in America" commonly called "el Pacto de el Assiento de Negros," was given to her Britannic Majesty; and this Assiento Treaty or "Assiento a Negros" is embodied therein and made part of the Treaty as if there "inserted word for word." A General Collection of Treatys of Peace and Commerce, Renunciations, Manifestos, and other Publick Papers, from the Year 1642 to the end of the Reign of Queen Anne. Vol. III. London. Printed for J. J. and P. Knapton, &c. M.DCC.XXXII. Pages 382, 383, 479. |