to take cognizance of "whatsoever shall remain undecided between the said commissioners," and that the "judgments" rendered by the arbitrators should be executed on both sides without any delay or difficulty."

By Articles CXXII. and CXXIII. of the same treaty, providing for the adhesion of various powers, it was stipulated that if his Catholic Majesty, or his Most Christian Majesty, should, either of them, have "any pretensions" against a power adhering as an ally of the other, he should prosecute such pretensions only "by right, before competent judges, and not by force."

By Article VII. of the treaty between the King of Sweden and Cromwell, Protector of England, signed at London in 1656, it was provided that commissioners should be appointed to decide disputes as to certain claims for satisfaction under the Treaty of Upsal.

In the declaration of war of Charles II. of England against the United Provinces in March 1672, there is this sentence: "The States were particularly engaged by an article of the Treaty at Breda to send commissioners to London about the regulation of our trade in the East Indies. But they went so far from doing it upon that obligation that, when we sent over our ambassador to put them in mind of it, he could not in three years' time get from them any satisfaction in the material points, nor a forbearance of the wrongs which our subjects received in those parts."

By Article VIII. of the treaty between France and Great Britain, concluded at Ryswick September 10-20, 1679, provision was made for the appointment of commissioners "to examine and determine the rights and pretensions" which either contracting party had "to the places situated in Hudson's Bay," as well as certain other matters in dispute.

Articles X. and XI. of the treaty signed by France and Great Britain at Utrecht, March 31-April 11, 1713, each provided for the appointment of commissaries, those under the former article to fix the boundaries between Hudson's Bay and the places appertaining to the French, and those under the latter to adjust claims made by the subjects of each country against the other growing out of various incursions, depredations, and spoliations.

The peace of Ryswick between France and Spain, September 20, 1697, provided (Art. X.) for the submission to arbitration of questions as to the possession of eighty-two towns.

Article XXVI. of the Treaty of Baden of September 27, 1714, between the Emperor of Germany and France, provided for the appointment of commissioners to settle certain disputes.

By the Treaty of Passarowitz of July 21, 1718, between the Emperor of Germany and the Sultan, provision was made for the reference to commissioners of all controversies which might arise "concerning any articles of this armistice, or any other thing." (Art. IX.)

By the same treaty (Art. V.) commissioners were to be chosen to determine the limits of "Dalmatia, Erzegovina, Albania, and the Archipelago." By Article XVI. of the treaty, it was provided that "whenever quarrels and animosities arise on the frontiers by reason of murders or other cause, they shall be decided according to equity by the arbitration of the governors of those borders."

Great Britain and the Netherlands. "A sentence of arbitration, passed between Oliver Cromwell, Protector of England, on one part, and the lords the States-General of the United Provinces of the Netherlands on the other part, in pursuance of the treaty of peace concluded the 5th of April 1654, concerning certain ships and effects of the English that were seized and detained in the dominions of the King of Denmark ever since the 18th of May 1652. Done at London the 31st of July 1654.

“Whereas by the peace lately concluded between his highness the lord Protector on the one part, and the lords the States-General on the other, it is stipulated in the 28th article as follows, viz:

"That whereas the ships and effects of certain Englishmen have been seized and detained in the dominions of the King of Denmark since the 18th day of May 1652, it is stipulated, agreed, and concluded on both sides, and the States-General have obliged themselves, and do oblige themselves by these presents, that all and singular the ships and goods detained as aforesaid, and hitherto remaining in specie, together with the true and just value of those that have been sold, embezzled, or otherwise disposed of, shall be restored within a fortnight after the arrival of the merchants and mariners whom it concerns, or their attorneys impowered to receive them; and the losses also which have accrued to the English aforesaid by the detainer thereof shall be made good according to an appraisement, to be made by Edward Winslow, James Russel, John Bex, and William Vander Cryssen, arbitrators indifferenty chosen, as well on the part of His Highness as of the States-General (the form or instrument of whose arbitration is already agreed on), to examine and determine the demands of the merchants, masters, and owners to whom the said ships, effects, and losses appertain. Which said arbitrators shall meet in that called Goldsmith's Hall here in London, on the 27th of June next, O. S., or sooner, if possible, and shall take a solemn oath on the same day, before the judges of the high court of admiralty of England, that they will renounce all manner of respect and relation to either state and the profit of every private person. And moreover, that the arbitrators shall, after the first day of August next ensuing, unless they agree beforehand, be shut up in a room separate from all other persons, without fire, candle, meat, drink, or other support, till they have agreed of the matters aforesaid to them referred. Which sentence or award by them given shall bind and oblige both parties. And the States-General of the United Provinces firmly bind and oblige themselves by these presents to perform the same, and to pay the sum of money which shall be awarded by the said arbitrators here at London, for the use of the said owners, to such person or persons as His Highness shall name, within twenty-five days after the award so given. And the States-General, within two days after the mutual exchange of the instruments for ratifying the articles of the peace, shall pay the sum of five thousand pounds English here at London, towards the expenses to be incurred by the merchants, masters, or owners in their voyage to Denmark, and the sum of 20,000 rix-dollars to such persons as His Highness shall nominate, within six days after those persons shall arrive there, for the use of the merchants, masters, and owners for repairing and fitting

1A General Collection of Treaties of Peace and Commerce (London, 1732), III. 112-135.

out their ships for their return. Which said sums shall be in part of payment of the sum which shall be contained in the award of the said arbi. trators. And that a bond and security shall be given (the form of which bond is already agreed on) by sufficient men able to answer it, and living here in London, obliging themselves in the sum of 140,000 pounds English money (the original of which bond shall be delivered at the same time with the instrument of the ratification) to make restitution as aforesaid, and to pay as well the 20,000 rix-dollars as the other sums which shall be awarded as aforesaid. And if all or any of the conditions above mentioned are not effectually and really performed in the time and manner prescribed, then the penalty of the said bond shall be demanded, and the said sum of 140,000 pounds English money shall be paid to the person or persons to be nominated by His Highness, and the losses of the merchants, mariners, and owners made good out of it.'

"Which said article His Serene Highness, the above-mentioned Lord Protector, by virtue of his commission dated the 13th of April last at Westminster, under the great seal of the Republic of England, and the forementioned lords the States-General, by virtue of their commission dated the 22d of the said month at The Hague, under their great seal, have ratified and confirmed, and are respectively contented and satisfied, and have agreed to maintain all and every part and clause according to the nature and propriety of contracts established between princes and sovereign powers, and to observe and accomplish the same truly and faithfully in all its branches, without any excuse, exception, or pretext which might be alleged for want of the usual formalities, and without having recourse to those subtleties and punctilios which are required by law, but are hereby renounced on both sides, in order to make this article effectual, according to the true intent and meaning of it.

"Moreover, His Highness, the Lord Protector, on his part, and the Lords the States-General on theirs, have with one accord nominated and appointed, and do by virtue of their foresaid commission nominate and appoint us, Edward Winslow, James Russel, John Bex, and William van der Cruysen, their arbitrators, commissioners, and judges, fully authorized (which we accept) to hear, examine, and by all ways and means possible to determine and pronounce the award concerning all and every grievance and pretension of all and singular the merchants, gentlemen, and others, on account of any ships, rigging, apparel, provisions, goods, and merchandize, and all things else under any denomination whatsoever belonging to any subject of England, Scotland, and Ireland, or the dominions thereof, which have been seized, detained, or sequestered in any of the dominions of the King of Denmark since the 18th of May 1652, whereof mention has been made in memorials sealed up and delivered by the merchants in March 1653 and in the year 1654.

"Next, in pursuance of the said commissions granted to us by his said Serene Highness and the Lords the States-General, we are to assemble on the 27th of June next, O. S., in Goldsmiths' Hall aforesaid, and take our solemn oaths, all and every one of us in particular, to hear, examine, and determine what is before mentioned, or any matters thereto belonging which may have a reference to either of the two nations, in pursuance of the power given us by the said commissions, without partiality, favor, and affection on either side, and also to renounce all private views and inter

ests which might hinder us from finding the truth and from coming to a summary conclusion; to proceed impartially to compare jointly the interests and damages of all and every claimant: To which purpose the judges of the High Court of Admiralty, by virtue of a commission granted to them by the Lord Protector, are authorized and appointed to administer the said oath to us on the 27th of June, in Goldsmiths' Hall, after the administration of which oath we are fully impowered to inquire into and examine all the heads of grievances and pretensions which shall appear to be represented by the subjects of the Republic of England, Scotland, and Ireland, on account of any vessel whatsoever and of all sorts of merchandize, goods, or anything which happened to be detained in the manner aforesaid. Therefore, as we shall jointly and severally judge and find what might be produced in exception by the contrary party on oath, or without oath, by instruments, documents, or other proofs, for any abatement or payment, we shall be capable to examine and find out the truth of all and every one of the said grievances and claims, the real value of the said ships, rigging, and everything to them belonging, the freight, provisions, merchandizes, goods, &c., as also all and every damage occasioned by the loss which the said ships and freight sustained by reason of the detainer. We are, moreover, authorized and impowered to proceed to a liquidation and taxation of all such damages sustained, and to give an impartial estimate and to pronounce judgment, and to publish the same under our hands as we shall think meet and just; which sentence, after it has been pronounced and published, shall not be subject on either side to any farther revision, appeal, or reclamation.

"Accordingly, the said Lords the States-General, by virtue of their com mission, bound and obliged themselves to conform effectually to our said sentence, and to pay such sum of money as should be demonstrated by us to be an equivalent for the said loss within twenty-five days after our said final sentence was declared and published. In like manner we, the commissioners, are fully impowered and desired to assemble at Goldsmiths' Hall aforesaid for the purpose above mentioned, and after our first meeting, which was to be on the 27th of June, not to omit any day, except the Lord's day (commonly called Sunday), in order to proceed in the affair aforesaid, but especially not to defer the matters recomended to us, but to carry them to a final resolution and certain judgment, or else to break off abruptly. It was furthermore concluded between the commissioners on the part of the Lord Protector and those of the States-General that in case we should not agree to come to a final judgment and declaration in the matters herein expressed before the first of August next ensuing, we should be locked up in a room at Goldsmiths' Hall, without fire, candle, victuals or drink, or any sustenance, from the said first of August till such time as we should agree to pronounce sentence upon the aforesaid matters, and to publish the same under our hands and seals; which confinement shall not render our award less binding than if the sentence had been given before it, in order to confirm all those intentions, constructions, and meanings which the said commissioners might form more at large.

"In conformity to what is above, be it known by these presents, that we, the aforesaid Edward Winslow, James Russel, John Bex, and William van der Cruysen, out of an humble obedience to the said article, and to

the commissions therein contained, by virtue of the authority, full power, and direction given to us, assembled in Goldsmiths' Hall and took our solemn oath before the commissioners of the High Court of Admiralty of England, in such form and manner as it expressed and directed in the said article to be done by us the said commissioners, and that thereupon we have received, heard, and examined all and singular the grievances and claims of all and every the merchants, gentlemen, masters of ships, owners, and all such persons, subjects of the republic of England, Scotland, and Ireland, as are concerned in the said ships, rigging, provisions, merchandize, goods, and other things assigned and belonging to them, which have been seized and detained in the lands and dominions of the King of Denmark since the 18th of May 1652, and whereof mention was made in the memorials and writings delivered by the merchants concerned, in March 1653 and 1654, and exhibited to us, of ships and all sorts of merchandize, goods, or any other thing seized and detained as aforesaid, and also of all those things which were in general or particular produced on the other side, either by way of defense, or in abatement and payment of the said grievances and claims, together with the proofs of all and singular the said grievances and claims, as likewise of the right and true value of all such ships, rigging, appurtenances, freight, provisions, merchandize, goods, and damages occasioned as well by the said seizure and detainer as by the loss and detriment of the said goods and merchandize, or by any other means, by oath, and by such instruments, documents, and other proofs as we found, and judged necessary and equitable. We examined, and after mature deliberation of everything before us, compared one thing with another, cleared up and taxed, and at length determined and particularly declared and pronounced all and singular the damages aforesaid. Accordingly we, the before-named Edward Winslow, James Russel, John Bex, and William van der Cruysen, by virtue of the authority, full power, and direction given to us in and by the aforesaid article and commissions, and for accomplishing what is thereby understood, do, by these presents, under our band and seal, determine, decide, and finally pronounce, that the damages so often mentioned amount to 97,973 pounds and ten pence, lawful money of England, as we do hereby liquidate and tax the damages just now mentioned to be 97,973 pounds and ten pence, lawful English money: And we do moreover decide and pronounce that the said Lords and States-General shall pay, or cause to be paid, the said sum of 97,973 pounds and ten pence, lawful English money, in London, for the use of the respective owners, to such person or persons as His Highness the Lord Protector shall appoint, within twenty-five days after this our award.

"In witness whereof we, the aforenamed Edward Winslow, James Russel, John Bex, and William van der Cruysen, have to the purpose aforesaid hereunto set our hands and seals, in Goldsmith's Hall aforesaid, the 31st of July, according to the usual calculation, anno 1654.

"Indorse.

"N. B.-That we the said commissioners mentioned in this instrument do find that the sum of 5,0001. sterling and 20,000 rix-dollars, amounting together to the sum of 10,0007. sterling, is paid, which, according to the tenor of the twenty-eighth article of the treaty of peace, is to be reckoned in