under them or by the Merchants or Factors his Majesties Subjects be Landed and brought into the Houses of the said Merchants or Factors or into any Magazines or Warehouses out of their Houses in the said Ports and there conserved and kept by them as long as they please without Confiscation Imposition of Custom or Exaction of any Duty whatsoever To Reexport what they cannot sell Furthermore if all the said things or any part of them shall not be sold in the said Ports it is and shall be lawful for the said Captains Masters Merchants or Factors his Majesties Subjects freely to send all or any part of the said things by Sea to whatsoever other Place they please without paying any Custom Duty or any sort of Imposition whatsoever III. Thirdly That all and every sort and kind of things Goods sold and sent elsewhere by Sea to pay no Imposition and Merchandise which shall be sold in Nizza Villa Franca or S. Hospitio and after the Sale made shall be dispeeded or sent by Sea into the Territories of any other Prince both in respect of the Seller and Buyer shall always be free and clear from all Custom Duty or Imposition whatsoever But as to all those things and Merchandises which after the Sale made in the said Places But such as are carried by Land to be exempt for Ten years only shall pass by Land into the Territories of any other Prince it is also Covenanted and Agreed That during the space of Ten years to ensue from the day of the Publication of this present Agreement all such Goods shall be free and clear from all Custom Duty or Impost whatsoever for their Passage by Land and from any other Penalty whatsoever both in respect of the Buyer and Seller After which to pay one half of what is Imposed by the Tariffe of 1633. Which Ten years being expired if his Royal Highness will not further Confirm this freedom of Passage according to the aforesaid Form and Manner In such case for all and every the said things which after Sale made pass by Land as aforesaid shall be paid only one half of the Imposition or Duty which is exacted for Passage in the Rates or Tariffe Printed in the end of the Order published the 30th October 1633. IV. Fourthly Goods coming from any of the Kings Dominions to be freely sold in all the Dukes Territories All and every sort and kind of things or Merchandise which are produced by Nature or made by Art in any of his Majesties Kingdoms or in any Plantations of the West or East Indies or any other Territories which at present are or hereafter shall be under the Dominion of his Majesty may and shall be freely sold by the Subjects of his Majesty throughout all the Dominions of his Royal Highness and any part of his Territories or Places of Jurisdiction without any Prohibition or Penalty What Goods excepted notwithstanding whatsoever Law or Edict to the contrary Excepted always and only Salt Tobacco Gunpowder Match Birding-shot Bullets Whalebone Cards of all sorts because 't is the Custom to Farm out the Liberty of selling these mentioned things Which may yet be sold to the Farmers of the Liberty of selling those Goods as Monopolies to particular Persons Notwithstanding free leave is granted to his Majesties Subjects according to what is expressed in the second Article to receive and keep within their Houses or Warehouses all the aforesaid forbidden Commodities without any Custom Duty or Penalty Nay further free leave is granted to his Majesties Subjects to sell the said forbidden Commodities to the Monopolists or Farmers themselves But all sorts of Merchandise except the aforesaid Prohibited ones which shall be introduced and brought into the Ports of Villa Franca Nizza or S. Hospitio when they shall be extracted out of the said Ports to the end that they may be vented and sold within the Dominions of his Royal Highness he alone that extracts them All other extracted to be sold to pay half Custom of what is specified in the Tariffe whether he be the Buyer or the Seller shall pay only one half of that Custom or Duty which is specified in that Book of Rates or Tariffe a Printed Copy of which under-written by the Procurator of his Royal Highness was by him delivered to Sir John Finch which Duty or Custom once paid nothing more shall be paid within the Dominions of his Royal Highness either by the Buyer or the Seller for the said Goods or Merchandise with express Declaration All Woollen Manufactures or other Goods not specified in the Tariffe to pay One and a half per Cent. that for all Woollen Manufactures or whatsoever Commodities aforesaid which as it appears are not specified in the aforesaid Books of Rates or Tariffe shall be paid Duty or Custom one and a half per Centum that is half only of the Three per Centum imposed upon all Commodities which are not specified in the mentioned Book of Rates by the last Article or Lines of it which Duty or Custom being once paid nothing more shall be paid neither by the Buyer nor Seller within the Dominions of his Royal Highness V. Fifthly It is Covenanted and Agreed That all sorts of Ships and Vessels belonging to his Majesty of Great Britain c. or any of his Subjects which shall set Sail from England or any Place under the Dominions of his Majesty or out of his Majesties Dominions not being infected with the Plague and shall arrive at the Ports of Nizza Ships arriving with Bills of Health to be admitted to immediate Prattick Villa Franca or S. Hospitio with Certificates or Patents of Good health having in their Voyage had no Commerce with any Places or Persons suspected to be infected with the Plague are and ought to be free and clear from making Quarantena or any days whatsoever of purgation and there shall be immediately granted to the Persons in the said Ships present and free Commerce or Prattick and all things and Merchandise of whatsoever sort or kind brought by the said Ships shall immediately without any delay be permitted freely to be Landed and carried into the Houses or Warehouses of the Merchants his Majesties Subjects in Nizza Villa Franca But without such Certificates to be subject to the Quarantena or S. Hospitio But if the above-mentioned Ships shall arrive without a Certificate or Patent of Good health or if in their Voyage they shall have practised or had Commerce with any Persons or Places suspected of the Plague In such case both Persons and Goods shall be subject to Quarantena or Purgation but the days of Quarantena or Purgation shall be shortned both in respect of the Persons and Goods as much as the care of preserving the Publick Health can possibly permit The Lazaretto Duties not to be altered but by the Consul and Merchants consent but what Merchandize is subject to the
the Defendant shalt each of them choose two Arbitrators whom they shall declare and constitute to be such 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 nespect of Persons and according to good 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 Delegates that succeeds him of all matters that were Transacted under him XI Eleventhly If any English die Intestate who shall take care of his Estate If any Subject of his Majesty shall die in the said Ports without making his Will or shall appoint by his Will one to be Executor who lives in none of the said Ports the whole Nation shall be convened and by them some Persons shall be chosen of good Life Fame and Credit who together with the Delegate of his Royal Highness his Majesties Subject and the Consul of the Nation shall take care of the Estates of the Person deceased so that it may not be embezelled but kept for them to whom of right it does belong Which Persons so elected by the Nation shall be before the Tribunal of the Consuls of the Sea residing at Nizza Constituted and appointed Administrators to the Intent aforesaid of the Goods of the Deceased And to this end they shall have full Power to demand and keep whatsoever of right belonged to the Person deceased and also to pay and discharge whatsoever of right was due from the deceased Person to any other XII Twelfthly English Mariners leaving their Ships to be restored to their first Captain or Master All Mariners Subjects of his Majesty who shall desert their own Captain or Master and enter into any other Ship or Vessel upon complaint made to the Officer of his Royal Highness at Nizza Villa Franca or S. Hospitio shall be taken from the Ship that received them and be restored to their first Captain or Master If any Mariner deserts his own Captain or Master and retires into any publick or private House of any of the Inhabitants in the said Ports and shall be concealed by the Inhabitant he shall be forcibly taken out of the House and the House-keeper Fined Twenty Dollars for every such Offence About Mariners lying on Shore or running in Debt If any Mariner shall lie all Night on Shore in any publick or private House without leave in Writing under the Hand of his Officer the House-keeper Lodging him shall pay Ten Dollars If any Mariner contracts a Debt with or runs in Debt to any Inhabitant of the said Ports above the Sum of One Dollar without License in Writing from his Captain or Master his Creditor shall lose it But if any Mariner does get one to be bound for the Debt who is not a Mariner the Mariner shall be let go But the Person that is bound for him may be retained for the Debt XIII Thirteenthly It is Covenanted and Agreed English Men of War to be treated with all respect That all Ships of War belonging to his Majesty whensoever they shall come into the said Ports shall in every Point be received with the same Honour as any Ships or Vessels whatsoever belonging to whatsoever Monarch or Prince During the abode of his Majesties Ships in the said Ports nothing necessary or convenient shall be denied them they paying a competent Price for it Victuals for the said Ships to pay no Custom but the first Cost And as for their Victualling License is granted to any Person deputed to Victual the Ships throughout all the Dominions of his Royal Highness to Contract for and Buy all things necessary and convenient for sustenance and to cause all the said things so bought to be brought into the said Ports without any Custom Duty or Impost paying for them only the first Cost And it is further Covenanted The said Ships being in Port to be protected against all Violence That the said Ships of War of his Majesty during their abode in the said Ports shall be Protected and Defended against any whomsoever that would attempt any Violence or Hostility against them XIV Fourteenthly Since in this Instrument of Commerce there has been mention made of certain Fiscal Orders or Tariffes commonly called Books of Rates or Publick Duties One of which Printed the Tenth of December One thousand six hundred and fifty one contains the Customs or Duties which are to be paid for all Commodities whatsoever which are sold within the Dominions of his Royal Highness A Second contains at the end of the General Order of the Porto Franco the Thirtieth of October One thousand six hundred thirty three The Duties that are to be paid for Passage by Land through the State of his Royal Highness And the Third and the Last 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 Tariffes not to be changed but by consent of the Consul and English 'T is Covenanted That the said Tariffes or Rates and Duties shall never be changed or altered without consent of the Consul and the major part of the English Merchants and Factors residing in the said Ports 'T is also further Covenanted Officers of the Customs exacting any thing more then what by the Tariffes is prescribed to be punished That the Merchants and Factors Subjects of his Majesty shall be dispatched with all Expedition in the several Places where Customs or Duties are to be paid and that none of the said Subjects shall be at any time liable to
manner whatsoever And if any one die within the Kingdoms or Provinces of the other Prince without making any such Dispositions then the Goods by him left moveable or immoveable of whatever nature or condition the same shall be shall be faithfully preserved for the use of the right Heir and for satisfaction of such Debts as the Party deceased was justly bound to pay And to that end so soon as any Subject of either Prince shall die in the other Princes Dominions the Consul or Publick Minister then Residing there shall have right to possess the said Moneys and Goods and shall make Inventories of the same before some Magistrate of the Place Which Goods shall afterwards remain in his hands to be answered to the Heirs and Creditors as aforesaid But if no such Consul or Publick Minister shall be there then it shall be lawful for two Merchants of the same Country with the Party deceased to possess the Goods left by him to preserve them and in like manner to answer them to the Heirs and Creditors Which notwithstanding is to be so understood that no Papers or Books of Accounts are by this Article to be exposed to the inspection of the said Magistrate but only the real Goods and Merchandise of the Deceased And that the said Magistrate within the space of Fourty eight hours after notice given and request made shall be obliged to be present otherwise the said Inventories shall be made without him XVI It shall be lawful for either of the Confederates and their Subjects or People to Trade with the Enemies of the other Freedom of Trade with each others Enemies unless in Ports Besieged and Contraband Goods and to carry to them or furnish them with any Merchandises Prohibited only which they call Contrabanda excepted without any impediment unless in Ports and Places Besieged by the other Which nevertheless if they shall so do it shall be free for them either to sell their Goods to the Besiegers or betake themselves to any other Port or Place not Besieged XVII It is also Agreed Any Merchant to reside freely where he Trades That it shall be free and lawful for the Subjects of either Prince Trading in the Dominions or Ports of the other there to remain and reside for the buying and selling Commodities without any restriction of Time or Limitation to be imposed upon them by any Officers or Magistrates of the said Dominions or Ports they paying the accustomed Duties for all Goods and Merchandise by them Imported or Exported And further provided that they Trade with none but such as are Citizens or Burgers of some City or Town within the Kingdoms of Denmark or Norway and that only by Wholesale and not by Parcels or Retail XVIII Furthermore Duties to be paid according to the Printed Tariffes for the better encouragement of Trade and Commerce and for the utter avoiding of all Frauds and Disputes that may arise between the Officers of Ports and Merchants It is Agreed and Concluded That all and singular Duties shall be demanded and paid according to the Printed Tariffe or Book of Rates wherein shall be comprised all Customs and Duties to be paid as well for Goods in the respective Ports as for Passage through the Sound And to the end that this may be the more strictly observed both Kings shall not only enjoyn his Officers and Collectors of his Customs under the highest Penalty not to do any thing that may frustrate or elude this Agreement But also that they do not by Molestation or Exaction cause any Trouble or offer any Injury to the Subjects of either King XIX Moreover it is Concluded and Agreed English Ships Trading to Norway to be remeasured That the King of Denmark shall constitute the Overseers of his Customs or others Commissioners for re-measuring all Ships belonging to the Subjects of the King of Great Britain Trading in Norway according to their Burden and Content so as that what has been hitherto not rightly observed either in excess or defect may be hereafter reduced into better order XX. But lest such freedom of Navigation or Passage of the one Allie and his Subjects and People Passports and Certificates to be given to Ships during the War that the other may have by Sea or Land with any other Country may be to the prejudice of the other Allie and that Goods and Merchandise belonging to the Enemy may be fraudulently concealed under colour of being in Amity For the preventing of Fraud and clearing all Suspicion it is thought fit That the Ships Goods and Men belonging to the other Confederate in their Passage and Voyages be accompanied with Letters of Passport and Certificate The Forms whereof to be as follows CHARLES the Second by the Grace of God King of Great Britain c. CHRISTIAN the Fifth by the Grace of God King of Denmark and Norway c. BE it known unto all and singular to whom these Our Letters of Safe-conduct shall be shewn Form of the Pass That _____ Our Subject and Citizen of Our City of _____ hath humbly represented unto Us that the Ship called _____ of the Burthen of _____ Tuns doth belong unto them and others our Subjects and that they are sole Owners and Proprietors thereof and is now Laden with the Goods which are contained in a Schedule which she hath with her from the Officers of Our Customs and do solely truly and really belong to Our Subjects or others in Neutrality bound immediately from the Port of _____ to such other Place or Places where she may conveniently Trade with the said Goods being not Prohibited nor belonging to either of the Parties in Hostility or else find a Freight Which the foresaid _____ Our Subject having Attested by a Writing under his Hand and Affirmed to be true by Oath under Penalty of Confiscation of the said Goods We have thought fit to grant him these Our Letters of Safe-conduct And therefore We do hereby respectively pray and desire all Governors of Countries and Seas Kings Princes Commonwealths and free Cities and more especially the Parties now in War and their Commanders Admirals Generals Officers Governors of Ports Commanders of Ships Captains Freighters and all others whatsoever having any Jurisdiction by Sea or the Custody of any Port whom the Ship aforesaid shall chance to meet or among whose Fleet or Ships it shall happen to fall or make stay in their Ports that by virtue of the League and Amity which We have with any King or State they suffer the said Master with the Ship _____ Persons Things and all Merchandise on Board her not only freely and without any Molestation Detention or Impediment to any Place whatsoever to pursue his Voyage but also to afford him all Offices of Civility as to Our Subject if there shall be occasion Which upon the like or other occasion We and Ours shall be ready to return Given the _____ day of _____ in the Year _____ WE the President
Lazaretto or to make Purgation as also the Lazaretto Duties or Expence of Goods that make Purgation is with other Particulars contained in a Paper of the Rates of the Lazaretto Duties at the end of this Instrument which never canor may be changed or altered without the consent of the Consul and the major part of the Merchants residing in the said Ports VI. Sixthly The Kings Subjects to enjoy the Priviledge of Protection against Strangers not one another Because Ports which are called Free are wont to give Protection and Refuge to Bankrupts or Persons that Fail and Break with other Mens Estates The same Piety of his Majesty which Protects those who are good Punishes them that are bad Therefore as to what concerns his Majesties Subjects 't is Covenanted and Agreed notwithstanding whatsoever Edicts published That his Majesties Subjects be wholly deprived and utterly cut off from enjoying that Protection which is commonly called Safe Conduct reserving to every Subject of his Majesty his proper Right Likewise all his Majesties Subjects shall be deprived of the benefit of Protection or Safe Conduct who shall commit any Crimes whatsoever against his Majesty as also all of his Majesties Subjects whether Master Mariners or others who shall be guilty of Barratry to whom as also to all Pirates and Robbers at Sea who are his Majesties Subjects all Licence shall be denied of Selling Goods or Merchandise or Contracting for them in the said Ports But in regard all that is mentioned in the foregoing part of this Article relates only to his Majesties Subjects 't is Covenanted likewise and Agreed in favour of the said Subjects that they shall fully and entirely against all Strangers as well as all Strangers against them enjoy the Priviledge of Safe Conduct or Protection promised and published in the Edict of a Free Port By his Royal Highness VII Seventhly English Inhabiting in the Port of Nizza c. to be free from Taxes All the Subjects of his Majesty who live at Nizza Villa Franca or S. Hospitio in order to Trade or otherwise are declared free and clear from all Tributes Taxes or Levies of Moneys which are or shall be Imposed by his Royal Highness VIII Eighthly Not to be Subject to Arrests c. without a Legal preceding Citation 'T is likewise declared That the Persons of his Majesties Subjects residing at Nizza Villa Franca or S. Hospitio shall not be liable or subject to Arrest or Imprisonment or their Goods to Seisure or Sequestration for any Civil Causes unless a Legal Citation has first preceded But in Criminal Causes which are punished with Death or Corporal Punishment they shall be subject to Imprisonment without Citation IX Ninthly Liberty of Conscience It is permitted and shall be lawful to all and every one of the Subjects of his Majesty of Great Britain c. dwelling in the said Ports to live in their own Religion after the same manner that is permitted either at Genoua or Legorn and a convenient and decent Place of Burial shall be allotted and assigned for the Interrment of such of his Majesties Subjects as shall decease in the said Places X. Tenthly About the Deciding of Controversies Since that nothing doth more torment any Man then 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 A Judge to be chosen and called the Delegate of the English Nation 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 which Authority being Constituted To Decide all Controversies he shall with brevity and expedition Decide and Determine all the aforesaid Controversies without the Formality of Legal Processes according to the validity and weight of Reason having regard only to the truth of the Fact No Appeal but to the Tribunal of the Consuls of the Sea 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 made or allowed except to the Tribunal of the Consuls of the 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 Majesties Subjects in the said Ports become numerous which is to be hoped from the good and well composed Laws iâ— any Inconvenience be found in the Deciding of 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 his Majesty shall choose out of the number of the English Nation Three Controversies amongst the English to be Decided by Arbitration which for Life and Manners are esteemed Men of the greatest Integrity amongst 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 Controversie or Difference shall arise or happen the I laintiff and