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A32664 Several treaties of peace and commerce concluded between the late King of Blessed Memory deceased, and other princes and states; Treaties, etc. England and Wales.; England and Wales. Sovereign (1660-1685 : Charles II) 1685 (1685) Wing C3604B; ESTC R7402 152,866 274

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aforesaid ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries It is therefore Agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour of those Provinces for the time being or any other Ministers of the King of Spain sufficiently authorised in this behalf shall friendly Treat and Conclude hereupon and also such further Priviledges Immunities and necessary Exemption suitable to the present state of Affairs shall be granted for the encouragement of the said Merchants and Adventurers and for the security of their Trade and Commerce as shall be agreed upon in a special Treaty that shall be made between both the Kings touching this Particular XXI The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively Freedom of Trade to Places in Amity or Neutrality with either Party shall with all security and liberty Sail to and Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII And they shall not be disturbed or disquieted in that liberty Not to be disturbed in that liberty by the Ships or Subjects of the said Kings respectively by reason of the Hostilities which are or may be hereafter between either of the said Kings and the aforesaid Kingdoms Countries and States or any of them which shall be in Friendship or Neutrality with the other XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned Contraband Goods and no other to be Confiscated being of Contraband and Prohibited they shall be taken out and Confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either Seized or Confiscated XXIV Moreover for better prevention of the Differences which might arise touching the meaning of forbidden Merchandise and of Contraband It is Declared and Agreed What are Contraband Goods That under this Name shall be comprehended all Fire-Arms as Ordnance Musquets Mortar-pieces Petards Bombs Granadoes Fire-crancels Fire-balls Musquet-rests Bandeliers Gunpowder Match Salt-petre and Bullets Likewise under the Name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this Name is likewise forbidden the Transportation of Souldiers Horses their Harnesses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise Exceptions to the above-mentioned Article to prevent all manner of Dispute and Contention It is Agreed That under the Name of forbidden Merchandise and of Contraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyl and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the Transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be Besieged and blocked up or surrounded XXVI It is also Agreed Goods belonging to either Party found on Enemies Ships to be Confiscated That whatsoever shall be found Laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain Aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be Confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain The power of the respective Consuls for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same Power and Authority in the execution of his Charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much Authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other Business Merchants not to be molested for Religion should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publick scandal or offence And the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publick scandal or offence XXIX That the People and Subjects respectively of one Kingdom Merchandises to be paid for onely in such Coin as shall be agreed upon in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other Species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers Merchants c. freely to enjoy their Houses Ware-houses c. And the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Warehouses and Magazines for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI To employ such Proctors Agents c. as they shall think fit The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the Obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left
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 i● 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