Now, at the very moment this treaty was signed, the French, by the victory of Troyes, were in possession of Fort Albany and the English still held Port Nelson. As the liberty of navigation was not disturbed by the Treaty it would appear that the French retained the right to sail in the Bay. Commissioners were appointed to consider the carrying out of the treaty, the Sieurs Barillon and Bonrepas acting on behalf of France, and Lords Sutherland, Middleton and Godolphin for James. To these commissioners the Company presented a further memorial, which dwelt upon their grievances "for five years past, in a time of peace and good correspondence between the two crowns." [Sidenote: Impracticability of the Treaty.] These commissioners appear to have done their best to arrange matters satisfactorily; but such a result was impossible under the conditions. They were privately instructed by their respective masters to agree to hold the trade of Port Nelson in common. Such a proposal was extremely impracticable, as that well-informed subject, Denonville, made haste to inform his royal master. The proximity of the English, he declared, in such a remote part would be a certain source of hostility on both sides, and a dangerous temptation for numbers of "libertines," whom the least dissatisfaction would induce to take refuge at Port Nelson. The "libertines" he thus alluded to were the bushrangers, who were already giving the French great trouble and uneasiness through their wild, undisciplined habits and their freedom from restraint. Denonville added that the Hudson's Bay Company, paying higher prices for beaver than the French could do, would always have a preference, and consequently would almost monopolize the trade. It was therefore better, in his opinion, to effect a compromise in the Bay, restoring the three forts Troyes had taken in exchange for Port Nelson, which, so he stated, was worth more than the other three together for trading purposes. Besides, on the first rupture, it would be very easy to retake them by an overland march, as Troyes had done. But such proposals on the part of the French were indignantly rejected by the English Company. There was, therefore, nothing for it but a _modus vivendi_, under which no further encroachments in the Bay were to be made by either party.