Page images
PDF
EPUB

XIX. That neither the said Republic nor King shall suffer the ships and goods of either of their people, which shall at any time be taken by the enemies or rebels of the other, and carried to any ports or places of the other's territories or dominions, to be conveyed away from the owners or proprietors; but the same shall be restored to them, or their attornies, provided they lay claim to such ships and goods before they are fold and cleared, and either prove their right, or exhibit testimonies of their property in them, within three months after the said ships and goods are so carried off: and in the mean time the proprietors shall pay and discharge the necessary expences for the preservation and custody of the said ships and goods.

XX. That the people and inhabitants of the Republic of England, who frequent the kingdoms, dominions, and countries of the said King, for the sake of traffic, or who arrive at his harbours with their ships, shall not pay for tonnage, anchorage, or other expences of the harbours, any other customs, or sums of money, besides thofe usually paid to the King, or the chamber of Lisbon; and if any other ill custom has crept in, it shall not be regarded hereafter.

XXI. That no tribute shall be demanded from any of the people of this Republic, either in Lisbon or in any other place, to be paid to the chapel of St. George; nor shall they be compelled to perform any duties in person, or to wear any sort of arms, or to furnish others therewith.

XXII. That the merchants of either of the parties aforesaid, and their sactors, servants, samilies, brokers, and other officers, pilots, and masters of ships, and seamen, shall securely and freely pass up and down in the dominions, territories, and countries of the said Republic and King, as also in their harbours, and on their shores; and the people and subjects of the one shall have and hold dwelling-houses of their own, in any of the dominions of the other, wherein they may T 4 reside, reside, together with warehouses for laying up their goods and merchandize, as long as they hire the same, without molestation from any person. They shall also be at liberty to wear swords, and to carry arms with them, both offensive and defensive, according to the manner and custom of the place, for the better security of their persons and goods.

XXIII. That all goods and merchandize of the said Republic or King, or of their people or subjects, found on board the ships of the enemies of either, shall be made prize, together with the ships, and confiscated to the public. But all the goods and merchandize of the enemies of either, on board the ships of either, or their people or subjects, shall remain untouched.

XXIV. That all just debts owing to the English, by the King of Portugal, on account of merchandize taken or bought, or of ships laden, either before or aster putting their goods in sequestration to this time, shall be paid and discharged within two years next following; and that all recognizances, bonds, and suretyships, entered into by the English, on account of any ships formerly laden by the King of Portugal, or any of his subjects, bound to the coasts of Brafil or Angola, and asterwards detained in any of his Majesty's harbours, or seized and occupied by Prince Rupert, or Prince Maurice, or hindered in any wise by the said King, and any of his officers or ministers, from a capacity of performing their contracts, shall from this time be cancelled, rescinded, and made void; and that neither their persons, nor their ships or goods, shall be put under arrest, or in any wise molested, by the said King, or any of his subjects, on account and by reason of the said contracts.

XXV. Also, whereas there was a convention between the late parliament, and an ambassador extraordinary from the King of Portugal, and the said ambassador, in the second of the six preliminary articles which were agreed to on the 29th of December, 1652, obliged himself that all the ships, monies, goods, and debts, appertaining to any Englishman whomsoever, which were taken and detained in any of the dominions whatsoever of the King of Portugal, should immediately be freely restored in specie, provided they were of the same value and goodness as when they were at first detained, and if not, that the value should be restored; or if they proved worse by being detained, that then satissaction should be given for them, according to their true value when they were first detained. And as to the compensation of the damages, the council having declared them, by their charter of the 15th of-November, 1652, and it appearing from the said declaration, that they had not resolved to insist upon and demand a strict reparation, but only as sar as was agreeable to justice and reason; and whereas the said ambassador, to witness his inclination to peace, bound himself on this supposition, that the losses should be repaired; and whereas in the fifth of the said preliminaries, the said ambassador engaged sarther, 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 dispofed of, or still remaining, or brought back from thence by others, or by their command, should be presently restored to the owners and proprietors, or that reparation and satissaction should be given to them. And because some controversies are now remaining concerning the demands of merchants and others, respecting satissaction; to the end that all such demands and complaints may be sairly and justly decided and determined, it is agreed and concluded on both sides, that the said demands on account of losses shall be referred to arbitration for satissaction, as they are by these presents referred 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 affairs of the said embassy, persons 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 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, monies, debts, merchandizes, or goods whatsoever, mentioned in the said preliminary articles; which arbitrators shall meet and sit at London, on the aoth 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 savour and respect to either party, and all private interest, in judging of the matters to them referred; and by these presents they are instructed and authorized to call for any persons whatsoever, and to command such depofitions and papers to be laid before them, as shall have any relation to the affair to them referred. 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 suffered by the said arrests and detainers. And the said arbitrators are authorized 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 sair and just in their consciences and reafon, and to publish their final sentence under their hands; which sentence, so published, shall bind and oblige both parties, without any appeal, revisal, or contradiction whatsoever. And the said King binds himself effectually to perform and ob- serve 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 adjudged as aforesaid. And furthermore it is agreed, that if the said arbitrators do not agree and finally determine of and concerning the premises to them referred, before the first of September next, O.S. then the said demands so undetermined or

undecided

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 sull 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 counsellor, any papers should come from Portugal, or any proctor to plead causes thereupon, the said counsellor shall hear him anew; 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 performed and accomplished. And for the greater security that such sum of money as is adjudged by the said arbitrators or arbitrator may be honestly paid, it is agreed and concluded, that one moiety of the subsidies and customs of Portugal, arising from all the goods and merchandize whatsoever of the inhabitants and people of this Republic, who traffic 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.

XXVI. It is also agreed and concluded, that no other league or confederacy whatsoever, made or to be made, by the most Serene Lords the Protector of England and the King of Portugal, with any other Princes or Republics whatsoever, shall derogate from the present treaty of peace and alliance, but that the peace and confederacy shall be kept intire, and always in sull force.

XXVII. It is also agreed and concluded, that both

parties

s

« PreviousContinue »