clude all other officers belonging to his majesty employed in the adminiftration of justice, intendant of marine, commiffary of war, and treafurer-general, who are to have the choice of going out of the city. ---The officers of the above garrifon will be allowed to carry with them all their private effects and money, on board the fhips which will be provided at the expence of his Britannic majefty, to tranfport the garrison to the nearest part of Old Spain. The intendant of marine, commiffary of war, and those employed in the management of his Catholic majefty's revenues, as foon as they have delivered over their accounts, fhall have liberty to leave the island if they defire it.

III. That the marines, and the fhips crews, in this harbour, who have served on fhore, fhall obtain, on their going out, the fame honours as the garrison of the city; and fhall proceed with thofe honours on board the faid fhips, that they may, together with their commander in chief, Don Gulierres de Hivia, marquis del Real Tranfporte, fail in the faid fhips, as foon as the port is open, with all their effects and money, in order to proceed to fome other port belonging to the dominions of Spain, in doing which they will oblige them felves, that during their navigation to their defigned port, they fhall not attack any fquadron, or fingle fhip, belonging to his Britannic majefty, or his allies, nor merchant veffels belonging to his fubjects; and likewife they are not to be attacked by any fquadron, or fingle fhip, belonging to his Britannic majefty, or any of his allies. Like

wife liberty fhall be given to go on board the faid fhips, the afore-mentioned troops, and fhips crews, with their officers, and others belonging to them, together with the effects and monies that are in the city, bebelonging to his Catholic majefty, with the equipages, and effects in fpecie of gold or filver, belonging to the faid marquis, or others employed in the different marine offices; granting them likewise every thing that should be neceffary to protect them and their fhips, as well as in the fitting them out from his Catholic majesty's stores, and whatever more fhould be wanted, at the current prices of the country.

-The marquis del Real Tranfporte, with his officers, failors, and marines, as making part of the garrifon, fhall be treated in every respect as the governor and regular troops. All ships in the Havannah, and all money and effects whatever, belonging to his Catholic majefty, fhall be delivered up to fuch perfons as shall be appointed by fir George Pocock, and the earl of Albemarle,

IV. That all the artillery, ftores, and ammunition and provifions belonging to his Catholic majesty, (except fuch as are well known to belong to the fquadron) an exact inventory fhall be made thereof, by the affiftance of four perfons, fubjects of the king of Spain, which the governor fhall appoint, and by four others, fubjects to his Britannic majefty, who are to be elected by his excellency the earl of Albemarle, who fhall keep poffeffion of all till both fovereigns come to another, determination.- All the artillery and all kinds of arms, ammunition and naval ftores, without reserve, fhall

I

fhall be delivered up to fuch perfons as fhall be appointed to receive them by fir George Pocock and the earl of Albemarle.

V. That as by mere accident were refiding in this city his excellency the count de Superunda, lieut. gen. of his Catholic majesty's forces, and late viceroy of Peru, and Don Diego Tavares, major-general of his majesty's forces, and late governor of Carthagena, both here in their return to Spain: thefe gentlemen and their families fhall be comprehended in this capitulation, allowing them to poffefs their equipages, and other effects belonging to them; and to grant them veffels to transport them to Spain. The count Superunda, lieut. gen. of his Catholic majefty's forces, and late viceroy of the kingdom of Peru, and Don Diego Tavares, knight of the order of St. James, major general, and late governor of Carthagena, fhall be conveyed to Old Spain in the most commodious fhips that can be provided, fuitable to the rank, dignity, and character of thofe noble perfons, with all their effects, money, and attendants, at fuch time, as may be most convenient to themselves.

VI. That the Catholic Apoftolic Roman religion fhall be maintained and preferved in the fame manner and form as it has hitherto been in all the dominions belonging to his Catholic majefty, without putting the least restraint to any of their public worships; and the different orders, univerfities, and colleges, fhall remain in the full enjoyment of all their rights, in the fame manner as they have hitherto enjoyed. Granted.

VII. That the bishop of Cuba is to enjoy all the privileges and pre

rogatives that as fuch belong to him, with the nomination of curates, and other ecclefiaftical minifters, with the annexed jurifdiction over them, as he has had hitherto, with the freedom to receive all the rents and revenues within his bifhopric; which privileges fhail extend likewife to all other ecclefiaftics in those shares belonging to them.

-Granted, with a referve, that in the appointment of priests, and other ecclefiaftical officers, it shall be with the approbation of the British governor.

VIII. That within the monafteries of religious men and women, fhall be obferved and kept the fame interior government as hitherto, without any novelty or variation. Granted.

IX. That in the fame manner as the effects and monies in this city, belonging to his Catholic majesty, is to be shipped on board of the fquadron in this harbour, to tranfport the fame to Spain, all the tobacco which likewife belongs to his Catholic majefty. And it shall be permitted, even in time of war, to his Catholic majefty, to purchase tobacco on the faid ifland, in the district fubject to the king of Great Britain, at the established prices, and the free exportation of the fame to Spain in Spanish or foreign veffels; and for which purpofe, and receiving and keeping, and curing the fame, fhall be kept, and poffeffed the ware-houses, with all other buildings, which are defined for that purpofe; and likewife fhall be allowed and maintained here, all fuch officers as fhould be neceffary to manage the fame.- Refufed.

X. That in confideration that this port is fituated by nature for the relief of those who navigate in [S] 3

thofe

thofe parts of Spanish and British America, that this port fhall be reputed and allowed to be neutral to the fubjects of his Catholic majefty, who are to be admitted in and out freely, to take in fuch refreshments as they may be in need of, as well as repairing their veffels, paying the current prices for every thing, and that they are not to be infulted nor interrupted in their navigation by any veffels belonging to his Britannic majefty, or his fubjects or allies, from the Capes Catoche, on the coaft of Campeche, and that of St. Antonio, to the weftward of this island; nor from the Tortuga bank to this port; and from here till they get into the latitude of 33 degrees North, till both their majefties agree to the contrary.

Refused.

XI. That all the inhabitants, Europeans, and Creoles in this city, fhall be left in the free poffeffion and management of all their offices and employments which they have by purchase, as well as of their eftates, and all other effects whatever, without being obliged to account on any other terms than thofe on which they did to his Catholic majefty. Granted. And they fhall be allowed to continue in their offices of property as long as they conduct themselves properly.

XII. That the faid offices fhall preferve and keep the rights and privileges which they have hitherto enjoyed, and they fhall be governed in his Britannic majefty's name, under the fame laws and adminiftration of justice, and under fuch conditions as they have done hitherto in the dominion of Spain, in every particular, appointing their judges and officers of juftice agreeable to their ufual cuftom.- -Granted.

XIII. That to any of the afore faid inhabitants of this city who should not chufe to ftay, it shall be permitted them to take out their property and riches in fuch specie as fhould be most convenient to them, and to dispose of their eftates, or to leave them under the adminiftration of others, and to transport themselves with them, to fuch of his Catholic majefty's dominions as they should chufe, granting them four years to execute the fame, and veffels to transport them, either upon purchase, or on freight, with the neceffary paffports, and authority to bear arms against the Moors and Turks, upon this exprefs condition, that they shall not use them against his Britannic majefty's fubjects, or his allies, who are not to infult them, nor abandon them; and that this and the two foregoing articles, are to comprehend and admit to be included all his Catholic majesty's ministers and officers, as well civil, as marine and military, who are married and establifhed with families and estates in this city, in order that they may obtain the fame privileges as the other inhabitants.The inhabitants will be allowed to difpofe of, and remove their effects to any part of the king of Spain's dominions in veffels at their own expence, for which they will have proper paffports. It is understood that fuch officers as have property in this ifland, fhall have the fame indulgence allowed to the rest of the inhabitants.

XIV. That to thefe people no ill confequence fhall arife on account of having taken up arms, oweing to their fidelity, and their being enlisted in the militia, on ac

count

Count of the neceffity of war; neither shall the English troops be permitted to plunder; but, on the contrary, they fhall compleatly enjoy their rights and prerogatives as other fubjects of his Britannic majefty, allowing them to return with out the leaft hindrance or impediment from the country into the city, with all their families, equipages, and effects, as they went out of the city on account of this invafion, and who are to be comprehended in the prefent articles; and that neither of them fhall be incommoded with having troops quartered in their houses, but that they fhall be lodged in particular quarters, as it has been practifed during

the Spanish government. Granted. Except that in cafes of neceffity, quartering the troops muft be left to the direction of the governor. All the king's flaves are to be delivered up to the perfons appointed to receive them.

XV. That the effects detained in this city, belonging to the merchants at Cadiz, which have arrived here in the different regifter fhips, and in which are interested all the European nations, a fufficient paff port fhall be granted to the fupercargoes thereof, that they may freely remit the fame with the regifter fhips, without running the rifque of being infulted in their pallage. Refufed.

XVI. That those civil, or other officers, who have had charge of the management of the adminiftration and distribution of the royal treasure, or any other affair of a peculiar nature from his Catholic majefty, they are to be left with the free ufe of all thofe papers which concern the difcharge of their

duty, with free liberty to carry them to Spain for that purpose: and the fame fhall be understood with the managers of the royal company eftablished in this city. All public papers to be delivered to the fecretaries of the admiral and general for inspection, which will be returned to his Catholic majesty's officers, if not found neceffary for the government of the island.

XVII. That the public records are to remain in cuftody of those officers who poffefs them, without permitting any of the papers to be taken away, for fear of their being mislaid.- -Anfwered in the foregoing article.

XVIII. That the officers and foldiers who are fick in the hofpital, fhall be treated in the fame manner as the garrifon, and after their recovery they shall be granted horfes or veffels to tranfport themselves where the rest of the garrifon goes, with every thing neceffary for their fecurity and fubfiftence during their voyage; and before which they shall be provided with fuch provisions and medicines as fhall be demanded by the hofpital keepers and furgeons thereof; and all others under them, who are included in this capitulation, are to ftay or go as they fhall prefer. Granted. The governor leaving proper commissaries to furnish them with provifions, furgeons, medicines, and neceffaries, at the expence of his Catholic majefty, while they remain in the hofpital.

XIX. That all the prifoners made on both fides, fince the 6th of June, when the English fquadron appeared before this harbour, fhall be returned reciprocally, and without any ranfom, within the term of two

months,

months, for thofe who were fent away from the city to other towns in this island, which was done for want of proper places of fecurity here, or before, if they can arrive.

-This article cannot be concluded upon, till the British prifoners are delivered up.

XX. That as foon as the articles of this capitulation are agreed upon, and hostages given on each fide for the performance thereof, the Land Gate fhall be delivered into the poffeffion of his Britannic majefty's troops, that they may poft a guard there; and the garrifon fhall have one themselves, until the place is evacuated, when the earl of Albemarle will be pleased to fend fome foldiers as a fafe-guard to the

churches, convents, and treafuries, and all other places of confequence.

-The number of fafe-guards required for the fecurity of the churches, convents, and other places, fhall be granted. The rest of the article is anfwered in the preliminary article.

XXI. That it fhall be allowed to the governor and commander in chief of this fquadron, to dispatch a packet-boat with advice to his Catholic majefty, as well as to other people who have a right to the fame advice, to which vefiel there fhall be granted a fafe and fecure paffport for the voyage.As the troops are to be fent to Old Spain, a packet is unneceffary.

XXII. That the troops of the Punta caftle shall have the fame honours as the garrifon of the town, and that they fhall march out by one of the most practicable breaches.

Granted.

XXIII. That the capitulation is to be underflood literally, and without any interpretation on any pre

Colonel Amberf's fummons to the governor of St. John's fort.

Camp before St. John's, SIR, Sept. 16, 1762. Humanity directs me to acquaint

you of my firm intentions. I know the miferable state your formed of your defign of blowing garrifon is left in, and am fully inup the fort on quitting it; but have a care; for I have taken measures effectually to cut off your retreat : and fo fure as a match is put to the. train, every man of the garrison fhall be put to the sword.

I must have immediate poffeffion of the fort, in the state it now is, or expect the confequences.

of it. I have the honour to be, fir, I give you half an hour to think your most obedient humble fervant, WM. AMHERST.

To the officer commanding at St. John's.

Letter from the count d'Hauffonville to lieut. col. Amberft; dated at St. John's, Sept. 16, 1762.

7ITH regard to the conduct that I fhall hold, you may, fir, be mifinformed. I wait for your troops and your cannon; and no