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Art. JV. There shall in like the fiege, of whatever nation and manner be provided, at the charges quality, shall be restored on either of his Britannic majesty, a vessel, fide; and those made in the citadel, and the neceffary victualling, to if they be troops, shall follow the carry to the Granades M. le Vaffor fortune of the other troops ; and, Delatouche, commandant-general if inhabitants, they shall follow the for his most Christian majesty of the fortune of the other inhabitants. French Leeward islands in-America, The troops, according to the cartel; his lady, and all persons with him, the inhabitants will be released upengaged in the king's service, or on the signing of this capitulation. belonging to his houshold, and all

Art. IX. The free negroes and their effects. Granted, to and mulattoes made prisoners of France, the Granades being blocked war, shall be treated as such, and up

restored like the other prisoners, in Art. V. M. de Rochemore, in- order to their continuing to enjoy fpector of the fortifications, and ar- their liberty. ---All negroes taken tillery in this island, shall, in like in arms are deemed Naves. The manner, be conveyed to the Gra- relt granted. nades, in the same ships with the Art. X. The Sieat Nadau Dupersons in his retinue engaged in treil, de la Potterie, and Cornette, service of the king, their domeftics, prisoners of state, fhall be likewise and their effects. Granted, to conducted at the expence, and in France.

the ships, of his Britannic majesty, Art. VI. There shall be made by to the island of the Granades, to be two commiffaries, who shall be delivered into the hands of M. le named for that purpose, one of each Vaffor Delatouche.---- Messieurs nation, an exact inventory of all the de la Potterie, and Cornette, shall effects, which shall be found to be- be delivered up when taken, but long to his most Christian majesty M. Nadau having had our promise in the arsenals, in the magazines, (immediately upon his being made upon the batteries, and in general prisoner) to procure him a reasonof all the arms, utensils and ammu- able time to settle his affairs, be has nitions of war, to be delivered up three months from the date hereof to the commanding officer of his for that purpose. Britannic majesty.-- Granted. Art. XI. The island of Martinico

Art. VII. Merchandizes not be- shall remain in the hands of his Bria ing arms nor munitions of war, tannic majesty, till such time as its which may be found lodged in the condition shall have been determinfaid magazines, or upon the said ed, by treaty made between the two batteries, shall not be made a part powers, without the inhabitants beof the said inventory, unless it being compelled, in any case, to take in order to their being restored to up arms, either against the king of their true owners.- -Al military France, or against

his allies, or even fores, and others, employed as against any other power. They fuch, become his Britannic ma- become subjects of his Britannic jefty's.

majesty, and must take the oath of Art. VIII. All the prisoners made allegiance ; but shall not be oblig. during the fiege, or at sea, before ed to take up arms against his most



Christian majesty, until a peace

Art. XIV. The inhabitants of may determine the fate of the Martinico shall freely and publicisland.

ly exercise their religion; the XII. All the inhabitants of Mar- priests, friars, and nuns, shall be tinico, either present or absent, e- maintained in the public exercise of ven those that are engaged in his their functions, and in the enjoymoft Chriftian majesty's service, as ment of their privileges, prerogawell as all religious houses, and tives, and exemptions.-Granted. communities, shall be maintained Art. XV. The superior, as was and preserved in the possession and as inferior judges, shall likewise be propriety of their real and personal maintained in their functions, prieftates, of their negroes, shipping, vileges, and prerogatives ; they and generally of all their effects, fhall continue to administer justice whether the faid real and personal to the inhabitants of this island, eftates, and effects, be actually in according to the laws, ordinances, Martinico, or in any other island; customs, and uses which have been and the slaves, which have been followed hitherto: no foreigner taken from them, during the fiege, shall be allowed to fit in the council shall be restored to them.- The as a judge. But if any place in the inhabitants as well as the religious magistracy becomes vacant, the orders, will enjoy their properties; superior council of Martinico shall and, as they become British subjects, dispose of it provisionally only ; they will enjoy the same privileges and the person, chosen by them, as in his majesty's other Leeward shall perform the duties of it, till islands. In regard to the slaves, the one or the other of the two answered in the gth article.

courts shall otherwise settle it, after Art. XIII That boats or other that the condition of Martinico vessels of Martinico, which are shall have been fixed, by a treaty actually out at fea, or in neutral between them.- -They become ports, whether they are equipped British subjects, but shall continue for war or not, shall be permitted to be governed by their present to return into the ports and roads laws, until his majesty's pleasure be of this island, upon the declaration known. to be made by the owners thereof, Art. XVI, M. le Baron d'Huart, of their intending to send them im- commanding the troops, and milimediate orders to return, and upon tia of this island, as well as M. de their giving personal security, that Bouran, major-general, shall be conthe said vessels Thall make no at- veyed to the Granades, in the fame tempt upon any English fhip: in vessel, in which the royal grenadiers confideration of which declaration, are to be embarked, together with passports shall be granted them, their domeftics and effects, as well that they may return in all security. as those of all the officers of the

-Refused, as foreign to the ca. fame corps. The faid officers shall pitulation ; but any applications, have leave to collect together the which may afterwards be made on effects which are dispersed in die this head, shall be considered ac- vers parts of the island ; and the cording to the rules of justice, and necessary time for the recovery of


of war.

tates upon

them, shall be allowed them. Or- for its king, it has been agreed, ders' shall be given to the inha. that the things furnished to the cobitants, that are indebted to the lony on occasion of the fiege, either officers of this corps, to pay them before or during the fame, such as before their departure. The of. provisions, utensils, ammunition, ficers shall likewise be bound to dif- arms, or money, shall continue to charge the debts they have con- be considered as debts of the colotracted in the island. They shall ny, just as they were, and ought to be sent to France. The rest grant- be, in its former state ; consequented.

ly, that the amounts of these supArt. XVII. All the land and sea plies shall not cease to be reputed as officers, who find themselves in debts of the colony itself, and which the island, either on actual duty, it must satisfy, into whatsoever or with leave, shall have a year's hands it may pass, through the fortime to settle all the affairs they tune of arms; that considering the may have there.

- A proper time nature and quality of these debts, it will be allowed to such as have ef- is of his Britannic majesty's dignity

the island, with the usual to grant them all manner of protecrestrictions ; and such as hall have tion; consequently, that they Mall M. Delatouche, the governor ge- be paid out of the first funds that neral, his leave.

fhall arise, as well from the poll-tax, Art. XVIII. The nobility fall as from the duties of importation continue to enjoy all the privileges, and exportation on merchandizes and exemptions, which have always that are liable to them. To which been granted them.--Granted; purpose, the state of these debts so that it is not inconsistent with the shall be settled, and verified by M. British laws.

Delareviere, intendant of the AmeArt. XIX. The slaves that have rican Leeward islands. Will be been made free during the fiege, fettled by the generals on both or to whom their freedom has been fides, being foreign to the capitupromised, shall be reputed and de- lation. clared free, and they shall peace

Art. XXII. In virtue of the same ably enjoy their state of freedom.- principle, and considering the neceíGranted.

fity of speedily bringing provisions Art. XX. The duties of the poll- into this colony, it has likewise been tax, those of importation and ex- agreed on, that such merchants of portation, and in general all the the town of St. Pierre, as by orduties established in this island, ders from the intendant M. Delareshall continue to be paid for the viere, have entered into measures future, on the same footing as here- and engagements, to bring over hitofore.- Answered in the 15th ther provisions from the neutral article.

islands, shall be permitted to fulfil Art. XXI. As it is suitable to the their engagements, as well to save glory and intereft of every prince them from the damage they would whatsover to make it publickly fuffer by it, as to procure to this known, that he honours with a island a more speedy fupply: consespecial protection, all that bears the quently, two months shall be grantcharacter of zeal, love, and loyaltyed them, from the day of figning VOL. V.



these presents, to compleat their un- provifions, mall afterwards be fufdertakings. But to avoid all abuses nished, at the expence of his Briin this respect, M. Delareviere Mall tannic majefty, in order to convey give a note of the nature and quan- to the Granades the said intendant, tity of provisions, which he had or- his wife, children, secretaries, and dered to be procured from the neu- fervants, with all their effects : the trals : and as he had promised and said commissary comptroller of the granted an exemption of all duties marine shall go on board the same on this importation, the said exemp- fhip, and shall be conveyed to the tion shall take place in the same fame island. Granted ; aftermanner as it was promised, and as wards to be sent to France. it is actually practised; being a Art. XXV. The persons "emprofit in which the colony and the ployed in the administration of the merchant have both their share. domaine cf the marine, the clasAll supplies whatever, that were fes and the finances of this iland, engaged to be thrown into this who shall be willing to return to inand by any neutral power, for the France, shall be transported thither, support of his most Christian ma- with their effects, in the vessels, and jesty's troops, and colony, will be at the charge of his Britannic madeemed legal prize, if taken by his jesty. Granted. Britannic majesty's ships ; and all Art. XXVI. The public records engagements with neutral powers shall be again forthwith deposited for such a supply, made before the in their proper places, and the go. reduction of the island, being void, vernor for his Britannic majesty no commerce for the future can be shall grant all protection in this recarried on but in British bottoms. spect. They must be delivered

Art. XXIII. M. le Vassor Dela- 'to such persons as the general shall touche shall be allowed five of the appoint to receive them. inhabitants, whom he shall cause to Art. XXVII. With regard to be put on board such of the vessels any papers of accounts, they shall as are to transport his most Christian be again put into the hands of the majesty's troops. His reasons for proper accomptants, that they may This demand, are, that it imports all be enabled to proceed to the renthe powers not to grant any protec- dering of their accounts, and to tion to any one who breaks through vouch them by such pieces as are the allegiance and fidelity a sub- necessary for their discharge. ject owes to his king:- -Cannot Granted. be allowed, as we have already Art. XXVIII. The inhabitants, granted them his Britannic ma- merchants, and other private perjesty's protection.

sons, resident or not, * fhall have Art. XXIV. M. Delareviere, in- leave to go to St. Domingoor Louisitendant, and M. Guignard, com- ana, with their negroes and effects sniffary comptroller of the marine, in cartel fhips, at their own exin this island, shall be allowed time pence. Granted. sufficient to settle all the parts of Art. XXIX. If any of the gretheir respective administration, and nadier soldiers shall have a mind to to do whatever is absolutely necef- remain in the island, or to make fary in that respect. A ship, with their escape, a protection and guard thall be granted to prevent their

tball clude

Art. J. The garrison, confifting deserting, and what remains of the of the infantry, artillery-men, and faid grenadiers · shall be embarked dragoons, the different militia of the compleat, Granted, excepe in towns n this isand, shall march particular cases.

out of the Land Gate the 20th inft. Art. XXX. The merchant-hips provided in that time no relief arbelonging to the French traders in rives, so as to raile the fiege with Europe, which are at this time in all the military honours, arms shoulthe harbours and roads of this dered, drums beating, colours flyisland, shall be preserved to their ing, fix field-pieces with 12 pountrue proprietors, with the liberty of ders each, and as many rounds to selling them, or of clearing them each soldier; the regiments shall for France in ballast. Refused to take out with them the military all privateers and ships trading to chetts. And the governor fail diftant ports. Granted to such as have fix covered waggons which trade to and from the different are not to be examined upon any ports of this island.

pretence whatsoever.

The At Martinico, February 13, 1762. garrison, consisting of the regular

Le Vassor DelaTOUCHE. troops, the dragoons dismounted, Done at Fort Royal, in the island (leaving their horses for his Britan

of Martinico, this 13th day of nic majesty's fervice) in confideras February, 1762

tion of the gallant defence of the Roßt. MONCKTON. Moro fort and the Havannah, shall G. B. RODNEY. march out of the Ponta Gate with

two pieces of cannon, and fix sounds

for each gun, and the same number Articles of capitulation agreed upon for each foldier, drums beating, co

between Sir George Pocock, knight lours flying, and all the honours of of the Bath, and the Earl of Al. The military chelt refused. bemarle ; and the Marquis of Real The governor will be allowed as Transporte, commander in chief of many boats as are necessary to transthe squadron of bis Catholic ma- port' his baggage and effects on jesty, and Don Juan de Prado, board the trips destined for him. governor of the Havannah, for the The military without the town, as Jurrender of the city, and all its well as those within, to deliver up dependencies, with all the Spanish their arms to the British commifships in the harbour.


11. That the garrison shall be al. Preliminary article.

lowed to take out of this city all FORT la Punta; and the Land their effects

, and transport themGate shall be delivered to his felves with it to another part of this Britannic majesty's troops to-mor- island ; for which purpose shall be row morning, the 13th of August, allowed and permitted to come at 12 o'clock ; at which time it is freely into the said city, all the expected the following articles of beaits of burthen, and carts. And capitulation fhall be figned and ra- this article is to extend to, and intified.

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