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ships, present and dee commerce or Prattick; and all things and merchandize, of whatsoever sort or kind, brought by the said (hips, shall immediately, without any delay, be permitted freely to be landed, and carried into the houses or warehouses of the merchants his Majesty s subjects in Nizza, Villa Franca, or S. Hofpitio: 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 shortened, both in respect of the persons and goods, as much as the care of preserving the public health can possibly permit: but what merchandize is subject to the 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 can or 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, Because ports which are called free are wont to give protection and refuge to bankrupts, or persons that sail and break with other men's estates; the same piety of his Majesty which protects those who are good, punishes them that are bad; therefore as to what concerns his Majesty's subjects, it is covenanted and agreed, notwithstanding whatsoever edicts published, that his Majesty's 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 Majesty's 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 Majesty's subjects, whether master, mariners, or others, who shall be guilty of barratry; to whom, as also also to all pirates and robbers at sea who are his Majesty's subjects, all license shall be denied of selling goods or merchandize, 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 Majesty's subjects, it is covenanted likewise and agreed in savour of the said subjects, that they shall fully and entirely against all strangers (as well as all strangers against them) enjoy the privilege of safe-conduct or protection promised, and published in the edict of a free port, by his Royal Highness.
VII. Seventhly, All the subjects of his Majesty who live at Nizza, Villa Franca, or S. Hofpitio, in order to trade or otherwise, are declared free and clear from all tributes, taxes, or levies of monies, which are or shall be impofed by his Royal Highness.
VIII. Eighthly, It is likewise declared, that the persons of his Majesty's subjects residing at Nizza, Villa Franca, or S. Hofpitio, shall not be liable or subject to arrest or imprisonment, or their goods to seizure 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, 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 Genoa, or Leghorn; and a convenient and decent place of burial shall be allotted and assigned for the interment of such of his Majesty's subjects as shall deceafe in the said places.
X. 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 thofe ministers of his Royal Highness which constitute the consuls of the sea: the delegate so chofen 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, he shall with brevity and expedition decide and determine all the asoresaid controversies, without the formality of legal processes, according to the validity and weight of reason, having regard only to the truth of the sact: 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 fits 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-compofed laws) if 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 choofe, 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 shall humbly present to his Royal Highness, that he may benignly please to appoint one of them, who, under the tide 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 purpofe 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 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 good conscience and best rule of justice, give their sentence of arbitration righteously and faithfully." Aster 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 ofvotes,
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 purpofes 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 dyee 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.
XI. Eleventhly, 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 chofen of good life, same, and credit; who together with the delegate of his Royal Highness, his Majesty's subject, and the consul of the nation, shall take care of the estates of the person deceased, so that it may not be embezzled, 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 asoresaid, 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, All mariners, subjects of his Majesty, who shall desert their own captain or master, and anter in any other ship or vessel, upon complaint made