Reason; and whereas the said Ambassador, to witness his Inclination to Peace, bound himself on this Supposition, that the Losses shou'd be repair'd; and whereas in the fifth of the said Preliminarys, the said Ambassador engag'd farther, That all the Ships and Goods of the English, which are brought into Portugal by the Princes Rupert and Maurice, or by any Ship whatsoever under their Command, and there dispos'd of, or still remaining, or brought back from thence by others, or by their Command, shou'd be presently restor❜d to the Owners and Proprietors, or that Reparation and Satisfaction shou'd be given to them. And because some Controversys are now remaining, concerning the Demands of Merchants, and others, respecting Satisfaction; to the end that all such Demands and Complaints may be fairly and justly decided and determin'd, 'tis agreed and concluded on both sides, That the said Demands on account of Losses shall be referr'd to Arbitration for Satisfaction, as they are by these Presents referr`d to the Judgment and Award of Dr. Walter Walker, John Crowther, Dr. Jeronymus a Sylva, Secretary of the Embassy, and Francis Ferreira Rabello, Agent in the Affairs of the said Embassy, Persons chose indifferently, as well on the part of the King of Portugal as of the Lord Protector, who by these Presents are made and constituted Procurators, Arbitrators, and Judges, to hear, examine, and determine all and singular the Demands and Complaints of all and singular the Merchants, Masters of Ships, and others, who claim a Right to all or any of the Ships, Moneys, Debts, Merchandizes or Goods whatsoever, mention'd in the said Preliminary Articles; which Arbitrators shall meet and sit at London on the 20th day of July next, O.S., and shall take a solemn Oath on that day, before the Judges of the High Court of Admiralty of England, that they will renounce all Favour and Respect to either Party, and all private Interest in judging of the Matters to them referr'd; and by these Presents they are instructed and authoriz'd to call for any Persons whatsoever, and to command such Depositions and Papers to be laid before them, as shall have any Relation to the Affair to them referr'd. And they shall particularly inquire into the Truth of all such Demands and Complaints, whether

given in upon Oath or not; as also all and singular the Losses suffer'd by the said Arrests and Detainers. And the said Arbitrators are authoriz'd by these Presents to define each of the Premises, and to liquidate, and adjudge, and finally to determine the Losses, as they or the major part of them shall think fair and just in their Consciences and Reason, and to publish their final Sentence under their Hands; which Sentence so publish'd, shall bind and oblige both Parties without any Appeal, Revisal, or Contradiction whatsoever. And the said King binds himself effectually to perform and observe the same, in all its Members and Articles; as also to pay, or cause to be paid, such Sum or Sums of Money as shall be adjudg'd as aforesaid. And furthermore 'tis agreed, that if the said Arbitrators do not agree and finally determine of and concerning the Premises to them referr'd, before the first of September next, O.S., then the said Demands so undetermin'd, or undecided by the said Arbitrators, shall be submitted, as they are by these Presents submitted, to such Member of the Lord Protector's Privy Council, as the said Lord Protector shall nominate, within any Time whatsoever after the first of September next. To which end, the said Lord Protector shall grant his full Powers to such Person so nominated, in order to determine finally of and concerning all and singular the Demands aforesaid. And if before the Pronunciation of Sentence by the said Privy Councellor, any Papers should come from Portugal, or any Proctor to plead Causes thereupon, the said Counsellor shall hear him; and whatever Sentence shall be given by such Person so instructed, under his Hand and Seal, shall conclude and bind both Parties, and the same shall be duly perform'd and accomplish'd. And for the greater Security that such Sum of Money as is adjudg'd by the said Arbitrators or Arbitrator may be honestly paid, 'tis agreed and concluded, that one Moiety of the Subsidies and Customs of Portugal, arising from all the Goods and Merchandise whatsoever of the Inhabitants and People of this Republick, who traffick in Portugal, shall immediately after the Date of this Treaty be appropriated to the Payment: which Moiety shall be paid from time to time, to such

Person as the said Lord Protector shall appoint, for and towards the Reparation of the Losses of the Merchants, Masters of the Ships, and Owners."

A General Collection of Treatys of Peace and Commerce &c. London M. DCC. XXXII. Vol. III., pages 106, 108-110.

III. CONVENTION BETWEEN ENGLAND AND HOLLAND.

Concluded August 30th, 1645.

Convention between Oliver Cromwell, Protector of England, and the High and Mighty States General of the United Netherlands, for constituting a Congress at Amsterdam, of Commissioners to be nominated on both sides, for determining all the remaining Complaints without Limitation, in the Award and Arbitration pass'd the 30th of August, 1645, upon their Controversys.

"Whereas by the 30th Article of the late Treaty, between the most Serene Lord Protector of the Republick of England, Scotland, and Ireland, and the High and Mighty Lords the States General of the United Netherlands, it was agreed that Commissioners or Arbitrators should be nominated and appointed, with full and absolute Power and Authority, to examine and determine all those Losses and Injurys which the one Party laid to the Charge of the other, from the Year 1611, to the 18th of May, 1652 O. S. and which each Party ought to have exhibited before the 18th of May 1654. Which said Day nevertheless, by consent of both Partys, was put off till the 30th day of the said Month; and if the said Commissioners did not agree concerning the said. Losses and Injurys within three months after that day, the said Complaints shou'd be referr'd to the Protestant Cantons of Swisserland, who should be desir'd to nominate and appoint Commissioners for examining and determining the foresaid Complaints, within six Months after the expiration of the former three.

"And whereas the Commissioners of both Republicks assembled at London, and receiv'd sundry Complaints to them deliver'd within the time aforesaid, and examin'd and determin'd

some, as express'd in the Award and Arbitration of the aforesaid Commissioners, publish'd under their Hands and Seals the 30th of Aug. 1654, O. S. And whereas several yet remain undetermin'd, which according to the 30th Article aforesaid ought to have been referr'd to the abovemention'd Protestant Cantons of Swisserland, in order for Decision by certain Commissioners to be by them nominated and appointed; which Nomination and Appointment was not made by them within the Term of six Months aforesaid, and yet it is necessary that the said Complaints shou'd be decided, and all private Grudges remov'd, and that every Shadow of Discord may be for the future taken away.

""Tis therefore agreed and concluded between the most Serene Lord Protector, and the High and Mighty Lords the States General, that all Complaints exhibited within the Time aforesaid, viz. the 30th of May 1654, and not included and determin'd in the abovemention'd Award and Arbitration, shall be referr'd and submitted to the Judgment and Determination of the aforesaid Commissioners, who publish'd the said Award and Arbitration, or of others who shall be nominated and constituted on both sides; and that they shall meet again at Amsterdam in Holland, furnish'd and invested with the same full Power and Authority as before; and that they shall proceed in the same Order and Manner, and with the same Method, and consequently determine all the Complaints aforesaid within three Months after their first Congress, which shall be on the 26th of July 1655. And that publick Notice thereof shall be given to the People of both Republicks, and that all things which the aforesaid Commissioners shall determine within the three Months aforesaid shall bind both Partys. In Witness of all and singular the Premises, both we the Commissioners of his Highness, and I the Ambassador Extraordinary of the United Provinces of the Netherlands, have sign'd these Presents with our Hands, and seal'd them with our Seals. Done at Westminster, May 9, O. S Anno 1655.

A General Collection of Treatys of Peace and Commerce &c. (See, supra.) London M. DCC. XXXII. Vol. III. pages 144-145.

IV. BETWEEN FRANCE AND ENGLAND.

Concluded November 3rd, 1655.

Treaty of Peace between the Kingdom of France, and the Republick of England, Scotland and Ireland. Done at Westminster the 3rd of November, 1655.

[Consisted of 28 Articles.j

"XXIV. And whereas since the Year 1640 many Prizes have been taken at Sea, and both Nations, their People and Subjects, have suffer'd many Losses, 'tis agreed that three Commissioners shall be appointed on both sides immediately after the Ratification of the present Treaty, who shall be sufficiently authoriz❜d to consider, examine, estimate and explain such Prizes and Losses, and to determine and decree the Compensation, Payment and Satisfaction for them, according to the Demands which shall be produc'd and exhibited before them by either Party, their People and Subjects, within three Months to be reckon'd after the publication of this Treaty: for which purpose the Commissioners shall meet in the City of London, within six Weeks after the said Publication, and, if possible, shall determine the said Controversys within five Months next ensuing; but if the said Commissioners shall not agree within the space of six Months and a Fortnight, then the said Controversys, which remain undetermin'd, shall be referr'd, as they are by these Presents referr'd, to the Arbitration of the Republic of Hamburgh, to be decided within four months, to be computed from the Expiration of the aforesaid space of Time limited by the Commissioners. And that the said Republick of Hamburgh shall be desir'd, as it is by these Presents desir'd, to assume that Arbitration, and to delegate Commissioners to give Judgment concerning the Premises, in such convenient place as by the said Commissioners shall be appointed; and whatsoever shall be determin'd by the said Arbitrators or Commissioners shall bind both Partys, and be perform'd bona fide within six Months next ensuing. Provided