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that each may immediately repair to his refpective court. Lisbon, April 23, 1762.

DON JOSEPH TORRERO. JACQUES BERNARD O'DUN. Tranflation of the answer to the foregoing memorial.

DON Lewis da Cunha, in execution of the orders, which he has received from the most faithful king, his master, in anfwer to what is contained in the memorial, which was prefented to him on the 23d day of the prefent month of April, by his excellency Don Jofeph Torrero, ambaffador from the Catholic king, and by M. James O'Dun, minifter plenipotentiary from his moft Chriftian majefty, informs them;

That having pofitive orders to fet apart from the fubftance of the bufinefs under confideration, the adventitious, warm expreffions, fuch as have hitherto never been ufed between fovereigns, with which the faid memorial is filled; his most faithful majefty has found in it nothing new, that by giving an opening to negotiation, thould make him alter his former refolutions, communicated in the answers of him, the fecretary of state, dated the 20th of March laft, and the 5th of the prefent month of April.

That the effective rupture, which the faid allied minifters have now -owned, in fuch clear and exprefs words, was not matter of furprise to his majefty, after having feen that this unexampled negotiation was opened by notifying to his moft faithful majefty, in the firft memorial of the 16th of March laft, that it had been determined between the courts of Paris and

Madrid, without any previous notice to his majefty, to make the neutral kingdom of Portugal the theatre of war, to oblige his most faithful majefty, calmly to fee his provinces and ports occupied by Spanish armies; to intimate to him, that for this purpofe, the faid armies were already pofted upon the frontiers of this kingdom: adding to all this, that he ought not only to infringe all the treaties of peace and commerce, which he has with the crown of England, but likewife to declare an offenfive war against the faid crown; the whole conceived in a ftile, by no means gentle or perfuafive, but rather expreffing, in the ftrongest terms, that the intention was not to negotiate, but to break; and his faid most faithful majefty having feen this confirmed in the fecond memorial, prefented by the faid Don Jofeph Torrero, and M. James O'Dun, on the first inftant, therein declaring, that his Catholic majefly had already given ultimate orders, that his troops fhould enter the dominions of this kingdom, without waiting for any other anfwer, or confent of his moft faithful majefty.

That his faid moft fathful majefty folely places his honour and glory, in being faithful to his royal word; in the obfervance of the duties of his crown; and of religion and humanity, which forbid his entering into an offenfive war againft any power, although ever fo indifferent to him, and although not allied by reciprocal treaties, which have been adhered to for this age paft; as are thofe which fubfift with the crown of England.

That their Catholic and most Chriftian majefties have been informed with very little fincerity, if

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any body has fuggefted to them that any claufe in the anfwers, which went from this court on the 20th of March, and the 5th of the prefent month of April, could be interpreted in the fenfe that his, most faithful majefty fhould own, that England had given caufe to break thofe ancient defenfive alliances; becaufe on the contrary, he owes to the crown of Great Britain, all that good harmony, which is the natural effect of those ancient alliances.

That his most faithful majefty, who has a high opinion of the power and friendship of their moft Chriftian and moft Catholic majefties, cannot doubt that their faid majefties would be the first to difapprove of the fiep of breaking his neutrality, to make an offenfive war against his allies, in the manner already related.

That his faid majefty fees no other difference between his neutrality and that of other powers, than the manner in which his frontiers are befet, under no other pretence than the perfuafion, that it is convenient to the courts of Paris and Madrid, that Portugal fhould break through all the above-mentioned ties; but furely mere conveniency without any legitimate title, has never hitherto authorised belligerent powers to attack thofe which are neuter, and who enjoy the advantages attending on peace.

That his most faithful majefty could wifh, that the blame imputed to him for not having complained that the frontiers of his kingdom were blocked up and infefted, were not fo fully proved by the faid memorials of the 16th of March, and the first inftant, where it was declared in exprefs words, which cannot be mifunderstood, that the faid


blockade and infestation were ordered, from the time of the Familycompact, to invade and seize upon this kingdom; which are that plainly fhew, that Portugal was neither to ask nor expe&t fuccours from the faid courts, which had joined themselves in alliance to attack it; and that the latent fire has always been on the fide of those, who had determined to act offenfively, and not on the fide of him who has endeavoured, and does only endeavour to defend and preferve himself in peace, which, by all laws of God, of nature, and nations, he has a right to do.

That if his Catholic majefly were truly informed of what has happened in preceding wars, he would find, that his crown and fubjects have reaped many and great benefits, upon feveral occafions, from the peace infeparable from the neutrality of Portugal, and of which there are in Madrid many living witneffes; and that it has not been the crown of England alone which has profited by the neutrality and peace of Portugal.

That, finally, his moft faithful majefly understands that he has the fame right to defend his kingdom from invafion, which is permitted to every private perfon, who is indifpenfibly obliged to defend his own houfe against any body that fhould enter it without his confent.

And that his majefly confining himself to this fole point of the natural defence of the neutrality and peace of his kingdoms, ports, and fubjects, will exert his utmost efforts, together with his allies, in cafe, notwithstanding all that has been related, he be attacked; and has given the neceffary orders, in his fecretary's office, that Don Jofeph Torrero,

Torrero, and M. James O' Dun, be furnished with the ufual paffports, as foon as they please to fend for them; and that, in fuch cafe, expreffes be fent to his ambaffador don Jofeph de Silvan da Pecantra, and to his minifter Pedro da Cofta de Almeeda, with orders to leave the courts of Madrid and Paris, in the fame manner as the faid ambaffador of his Catholic majesty, and minitter plenipotentiary of his moft Chriftian majesty do here. Palace of Alcantara, April 25, 1762. DON LEWIS DA CUNHA.

M. da Cunha, upon delivering to the Spanish and French minifters the above answers to their memorials, acquainted them at the fame time, that the paffports, which they had demanded, would be ready, whenever they pleased to fend for them; accordingly they took up their paffports the 26th, and the barges being ready for them, they fet out the 27th.

Decree, or declaration of war, ifjued by order of bis Portugueje majefty against Spain.

rent general officers of his Catholic majefty have fucceflively, fince the 30th of April laft, fpread various papers through my dominions, prefcribing laws and fanctions to my fubjects, invading at the fame time my provinces with an army divided into various bodies, attacking my fortified places, and perpetrating all the aforefaid hoftilities, under pretence of directing them to the advantage and glory of my crown, and of my fubjects, and in fuch light even the Catholic king himself has reprefented the cafe to me; and whereas, notwithstanding all the contradictory and unheard-of motives, an offenfive war has been made against me, contrary to truth and juftice, by the aforefaid two monarchs, through mutual confent: I have ordered it to be made known to all my fubjects, that they hold all difturbers or violators of the independent fovereignty of my crown, and all invaders of my kingdom, as public aggreffors and declared enemies; that from henceforward, in natural defence, and neceffary retortion, they be treated as aggreffors and declared enemies, in all and every fense; and to oppofe them in their perfons and effects, all military perfons and others authorifed by me, make use of the most executive means which in thefe cafes are fupported by all laws; and that in like manner, all faid military perfons, of whatever rank, quality or condition they be, quit all communication and correfpondence with the faid enemies, under the penalties decreed against rebels and traitors. I likewife order that all the fubjects of France and Spain, that refide in this city, or in the kingdom of Portugal and Algarva, retire within the precife


WH Hereas the ambaffodor of Caftile, Don Jofeph Torrero, in conjunction with Don Jacob O' Dun, minister plenipotentiary of France, by their reprefentations, and the answers I have given thereto, it appears that one of the projects agreed to between the aforefaid powers in the Fainily-pact was, to difpofe of thefe kingdoms at if they were their own, to invade them, to occupy them, and ufurp them, under the incompatible pretext of affifting me against enemies, which they fuppofed for fuch, that never existed; and whereas diffe

term of 15 days, to reckon from the
day of the publication of this de-
cree, otherwife they fhall be treat-
ed as enemies, and their effects con-
fifcated; and that in all the wet as
well as dry ports of this kingdom,
all commerce and communication
ceafe with the aforefaid monarchies
of France and Spain, and all fruits,
manufactures or goods of any kind,
of the produce of the faid monar-
chies, be deemed contraband, and
the entry, fale and ufe of them be
prohibited. Ordered that this de-
cree be affixed and tranfmitted to
every country, that it may come to
the knowledge of all my fubjects.
I have given orders to the intendant
general of the people to grant paff
ports to all the aforefaid, who have
entered thefe kingdoms, bona fide,
on their bufinefs, that they be per-
mitted to retire unmolested.
Palace of Noffa Senhora da Adjuda,
18th of May, 1762.

With the rubrick of his majesty.
Published 23d May, 1762.

The king of Spain's declaration of war againft Portugal, iffued the 16th day of June.

[Either my reprefentations found

ed in juftice and utility, nor the fraternal perfuafives with which I accompanied them, have been able to alter the king of Portugal's blind affection for the English. His minifters, engaged by long habit, continue obftinate in their partiality, to the great prejudice of his fubjects; and I have met with nothing but refufals, and been infulted by his injurious preference of the friendship of England to that of Spain and France. I have even received a personal affront by the ar

refting of my ambassador, Don Jofeph Torrero at Eftremos, who was detained there, in violation of his character, after he had been fuffered to depart from Lisbon, and had arrived on the frontier, in virtue of paffports from that court; but notwithstanding fuch infults were pow. erful motives for me to keep no longer any measures with the king of Portugal, nevertheless adhering to my first refolution of not making an offenfive war against the Portuguefe, unlefs forced to it, I deferred giving orders to my general to treat them with the rigours of war; but having read the edict of the king of Portugal of the sth of last month, in which, mifreprefenting the upright intentions of the moft Chriftian king and myself, he imputes to us a pre-concerted defign of invading his dominions; and orders all his vaffals to treat us as enemies, and to break off all correfpondence with us, both by fea and land; and forbids the ufe of all productions Coming from our territories, confifcating the goods of the French and Spaniards, and likewife ordering them to leave Portugal in a fortnight, which term, however ftraight, has been further abridged, and many of my fubjects have been expelled, plundered, and ill treated, before the expiration of it. And the marquis de Sarria having found, that the Portuguefe, ungrateful to his goodness and moderation, and the exactnefs with which they have been paid for every thing they have furnifhed for my troops, have proceeded fo far as to excite the people and foldiery against my army; fo that it would be difhonourable to carry my forbearance any farther. For thefe caufes I have refolved, that from this day my troops fhall


treat Portugal as an enemy's country, that the property of the Portuguefe fhould be confifcated throughout my dominions, that all the Por

tuguese fhall leave Spain in a fort- The French king's declaration of war night, and that all commerce with them shall be prohibited for the fu

against Portugal.


On June 25, the king of Spain fent to the viceroy of Navarre, and to the governors of the provinces of Spain, an order in the following


to publish the prefent edict throughout your jurifdiction.


"Since the Portuguefe, through an inveterate hatred for the Spanish name (a hatred founded only on hereditary prejudice) have carried their barbarities to fuch extremities, as to cut off the ears and noses, or in other cruel manner to mutilate feveral Spaniards who were leaving Portugal, in confequence of the declaration of war, who are arrived on our frontiers thus mutilated and disfigured; and as the Portuguese government has endeavoured to hake, by motives of intereft, that fidelity and love which good fubjects owe their country, by publishing, on the 17th, at Yelves, and without doubt through all their frontiers, that any Spaniard banished from Spain, who would retire with his wealth to Portugal, fhall enjoy all forts of franchises, and be treated as a native there: although his majefty believes that he has no fubject fo unworthy the name of a Spaniard as to be tempted by fuch offers; if, however, there should be any one fo bafe, be it known to him from this hour, that if he should at any time return to Spain, he fhall fuffer the infamy and punishment due to traitors and deferters of their country. His majesty orders you

THE king and the Catholic king to a

war against England, have entered into reciprocal engagements to curb the exceffive ambition of that crown, and the defpotifm which it pretends to ufurp, in every fea, and particularly in the Eaft and Weft Indies, over the trade and navigation of other powers.

Their majefties judged that one proper ep for attaining this end would be, to invite the king of Portugal to enter into their alliance. It was natural to think that the propofals which were made to that prince on that fubject, in the name of his majefty and of his Catholic majefly, would be readily accepted. This opinion was founded on the confideration of what the most faithful king owed to himself and to his people, who, from the beginning of this prefent century, have groaned under the imperious yoke of the English. Befides the event hath but too clearly fhewn the neceffity of the just measures taken by France and Spain with regard to a fufpicious and dangerous neutrality that had all the inconveniencies of a concealed war.

The memorials prefented to the court of Lisbon on this fubject have been made public: all Europe hath feen the folid reasons of juftice and conveniency which were the foundation of their demand on the king of Portugal: to thofe were added, on the part of Spain, motives of the


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