which were agreed to on the 29th of December, 1652, obliged himself that all the fhips, monies, goods, and debts, appertaining to any Englishman whomfoever, which were taken and detained in any of the dominions whatsoever of the King of Portugal, fhould immediately be freely restored in specie, provided they were of the fame value and goodness as when they were at firft detained, and if not, that the value fhould be restored; or if they proved worfe by being detained, that then fatisfaction fhould be given for them, according to their true value when they were firft detained. And as to the compenfation of the damages, the council having declared them, by their charter of the 15th of November, 1652, and it appearing from the faid declaration, that they had not refolved to infift upon and demand a strict reparation, but only as far as was agreeable to juftice and reafon; and whereas the faid ambaffador, to witnefs his inclination to peace, bound himself on this fuppofition, that the loffes fhould be repaired; and whereas in the fifth of the faid preliminaries, the faid ambaffador engaged farther, that all the fhips and goods of the English, which are brought into Portugal by the Princes Rupert and Maurice, or by any fhip whatfoever under their command, and there difpofed of, or ftill remaining, or brought back from thence by others, or by their command, fhould be prefently reftored to the owners and proprietors, or that reparation and fatisfaction fhould be given to them. And because some controverfies are now remaining concerning the demands of merchants and others, refpecting fatisfaction; to the end that all fuch demands and complaints may be fairly and juftly decided and determined, it is agreed and concluded on both fides, that the faid demands on account of loffes fhall be referred to arbitration for fatisfaction, as they are by thefe prefents referred to the judgment and award of Dr. Walter Walker, John Crowther, Dr. Jeronymus a Sylva, fecretary of the embaffy, and Francis Ferreira Rabello, agent in the affairs affairs of the faid embaffy, perfons chofe 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 fingular the demands and complaints of all and fingular the merchants, mafters of fhips, and others, who claim a right to all or any of the fhips, monies, debts, merchandizes, or goods whatfoever, mentioned in the faid preliminary articles; which arbitrators fhall meet and fit at London, on the 20th day of July next, O. S. and shall take a folemn oath on that day, before the judges of the high court of admiralty of England, that they will renounce all favour and refpect to either party, and all private interest, in judging of the matters to them referred; and by thefe prefents they are inftructed and authorized to call for any perfons whatsoever, and to command fuch depofitions and papers to be laid before them, as fhall have any relation to the affair to them referred. And they fhall particularly inquire into the truth of all fuch demands and complaints, whether given in upon oath or not; as alfo all and fingular the loffes fuffered by the faid arrefts and detainers. And the faid arbitrators are authorized by thefe prefents to define each of the premises, and to liquidate, and adjudge, and finally to determine the loffes, as they or the major part of them fhall think fair and juft in their confciences and reason, and to publish their final fentence under their hands; which fentence, fo published, fhall bind and oblige both parties, without any appeal, revifal, or contradiction whatfoever. And the faid King binds himself effectually to perform and obferve the fame, in all its members and articles; as alfo to pay, or caufe to be paid, fuch fum or fums of money as fhall be adjudged as aforefaid. And furthermore it is agreed, that if the faid arbitrators do not agree and finally determine of and concerning the premifes to them referred, before the firft of September next, O. S. then the faid demands fo undetermined or undecided undecided by the faid arbitrators fhall be fubmitted, as they are by these presents fubmitted, to fuch member of the Lord Protector's privy council as the faid Lord Protector fhall nominate, within any time whatfoever after the first of September next. To which end, the faid Lord Protector fhall grant his full powers to fuch perfon fo nominated, in order to determine finally of and concerning all and fingular the demands aforefaid. And if, before the pronunciation of fentence by the faid privy counsellor, any papers fhould come from Portugal, or any proctor to plead caufes thereupon, the faid counfellor fhall hear him anew; and whatever fentence fhall be given by such person so inftructed, under his hand and feal, fhall conclude and bind both parties, and the fame fhall be duly performed and accomplished. And for the greater fecurity that fuch fum of money as is adjudged by the faid arbitrators or arbitrator may be honestly paid, it is agreed and concluded, that one moiety of the fubfidies and customs of Portugal, arifing from all the goods and merchandize whatsoever of the inhabitants and people of this Republic, who traffic in Portugal, fhall immediately after the date of this treaty be appropriated to the payment: which moiety shall be paid, from time to time, to fuch perfon as the faid Lord Protector fhall appoint, for and towards the reparation of the loffes of the merchants, mafters of the fhips, and owners. XXVI. It is alfo agreed and concluded, that no other league or confederacy whatsoever, made or to be made, by the moft Serene Lords the Protector of England and the King of Portugal, with any other Princes or Republics whatsoever, fhall derogate from the present treaty of peace and alliance, but that the peace and confederacy fhall be kept intire, and always in full force. XXVII. It is also agreed and concluded, that both parties parties fhall truly and firmly observe and put in execution the present treaty, and all and every article and articles therein contained and comprehended, and cause the fame to be obferved and effectually performed by the people, fubjects, and inhabitants of each refpectively. XXVIII. It is also agreed and concluded, that the prefent treaty, and all and every point and points therein contained and concluded, fhall, within fix months next enfuing, be confirmed and ratified by the faid Lord Protector, and the King, by the letters patent of both parties, fealed with the great feal, in a due and authentic form; and within the faid term, mutual inftruments fhall be delivered on both fides, and the said peace and confederacy fhall be proclaimed in the usual forms and places, immediately after the delivery and exchange of the instruments. In witness and testimy of all which, we the commiffioners of his Highnefs the Lord Protector, and the ambaffadors extraordinary of the moft Serene King, by virtue of our refpective commiffions and full powers, have figned the prefent treaty with our own hands, and fealed it with our feals. Done at Westminster, the 10th day of July, in the year 1654. (L. S.) Nath. Fiennes. The Secret Article. THE people and inhabitants of the commonwealth of England, following their commerce as aforefaid within the kingdoms, dominions, ports, and territories of the faid King, fhall not pay any customs or duties but in manner following; that is to fay, the goods, merchandizes, and manufactures of the English, in fetting rates, according to which they are to pay their customs customs (which fhall never exceed 23 per cent.) fhall be favourably valued according to the rates of the cuf tom-house, and the ancient laws of the realm; and if at any time it be defigned to raise them higher, because the true and real value of the faid goods is increased, it shall not be done but in the prefence and by the advice of two English merchants, then refiding in Portugal, and chofen by the English conful: and if it fhall happen that the price of commodities fhall fall, the value or rate fhall in like manner from time to time be abated, according to the faid rule and law: and if any controverfy fhall happen to arise about the faid valuation, that doubt shall be determined by fuch indifferent arbitrators as fhall be chofen by the conful of the English nation, and the officers of the cuftomhouse. The fubjects and inhabitants of the faid kingdom, trading in the dominions and territories of the faid commonwealth, fhall pay the prefent customs and duties as they are now valued in this month of May, 1654, according to the laws and cuftoms of the place: and likewife they fhall, on both fides, obferve the laws and cuftoms of each place. And thus it was agreed upon and concluded, that the abovefaid article, and every thing contained therein, fhall be confirmed and ratified by the said King, and by the said Lord Protector, by the letters patent of the one and the other party, fealed with the great feal, in due and authentic form, within fix months next following: and within the faid time inftruments fhall be paffed or exchanged by the one and the other party. In faith and teftimony whereof, we the commiffioners of his Highness the Lord Protector, as well as the commiffioner of the faid moft Serene King, by the force and virtue of our respective commiffions, the aforefaid fecret article have figned with our hands, and to the fame have affixed our ufual feals. Done |