35. And in case there are any articles that cannot presently be executed, but that it shall be necessary that they should be examined and determined by commissioners, whom the king and the duke shall appoint, and that in order to this a convenient time be also assigned; and that it may so happen that though the said commissioners have not full power from the king and the duke to determine the things left to their cognizance: insomuch that the said matters may be delayed through the difficulties which may occur, as well in respect to the knowing, as making a declaration of the rights of the parties; let the king and the duke, if they are so pleased, expedite their powers, by which both sides shall agree, that, in case the said commissioners cannot accord, they may choose an umpire, an able man, who cannot be suspected of partiality, to whom they shall declare and impart their difficulties and differences; and when he shall be fully instructed in the whole affair, he shall declare his opinion according to his conscience, and without any favour or affection. And so the matter shall be adjudged and determined, according to the advice of those the said commissioners who shall be of the umpire’s opinion, notwithstanding the opposition of the rest, with a salvo always to the greatest and soundest part in number of persons and opinions of the said commissioners, by whose advice the matter shall be determined as effectually as if all the commissioners had agreed to it. And in case the said commissioners shall not be able to agree among themselves about the choice of an umpire, those on the king’s side shall be obliged to name two worthy persons, and the duke’s commissioners as many, neither of whom shall be natives, or the subjects of either of them, nor suspected of partiality; out of which four, one shall be chosen by lot, who shall be the umpire, to decide the matter as aforesaid; and if the commissioners who shall be appointed by the king do not agree in the choice of an umpire as aforesaid, in that case the duke’s commissioners may do it without them. And, on the contrary, if the said commissioners of the duke do not agree to it, those of the king’s may in like manner do it without them. And that choice, together with the king’s which, by virtue thereof, shall be made, shall be as valid as if done by the commissioners on both sides by common consent; and the said commissioners on one side may proceed in the said affair, by default, and upon the refusal of the commissioners on the other side, and act with the said umpire, in the same manner as if all the commissioners were together. And all that shall be determined, done, and executed, in the things aforesaid, shall remain firm and valid for ever; and that the said commissioners