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clude all other oficers belonging to wise liberty shall be given to go oni his majesty employed in the admi- board the faid ships, the afore-mennistration of justice, intendant of tioned troops, and ships crews, with marine, commissary of war, and their officers, and others belonging treasurer-general, who are to have to them, together with the effects the choice of going out of the city. and monies that are in the city, be

The officers of the above gar- belonging to his Catholic rison will be allowed to carry with jesty, with the equipages, and efthem all their private effects and fects in specie of gold or silver, bemoney, on board the ships which longing to the said marquis, or owill be provided at the expence of thers employed in the different mahis Britannic majesty, to tranfportrine offices ; granting them likewise the garrison to the nearest part of every thing that should be necessary Old Spain. The intendant of ma. to protect them and their ships, as rine, commissary of war, and those well as in the fitting them out from employed in the management of his Catholic majesty's stores, and his Catholic majesty's revenues, as whatever more should be wan ted, soon as they have delivered over at the current prices of the country. their accounts, shall have liberty

- The marquis del Real Tranto leave the island if they defire sporte, with his officers, failors, it.

and marines, as making part of III. That the marines, and the the garrison, shall be treated in ships crews, in this harbour, who every respect as the governor and have served on shore, shall obtain, regular troops. All ships in the on their going out, the fame ho. Havannah, and all money and nours as the garrison of the city ; effects whatever, belonging to his and shall proceed with those ho. Catholic majesty, shall be delivered nours on board the said ships, that up to such persons as shall be apthey may, together with their com- pointed by fir George Pocock, and mander in chief, Don Gulierres de the earl of Albemarle, Hivia, marquis del Real Tran- IV. That all the artillery, stores, sporte, fail in the said ships, as soon and ammunition and provisions beas the port is open, with all their longing to his Catholic majesty, effects and money, in order to pro- (except such as are well known to ceed co some other port belonging belong to the squadron) an exact to the dominions of Spain, in do- inventory shall be made thereof, by ing which they will oblige then the assistance of four persons, subselves, that during their navigation jects of the king of Spain, which the to their designed port, they fall governor shall appoint, and by four not attack any squadron, or single others, subjects to his Britannic mafhip, belonging to his Britannic jesty, who are to be elected by his majesty, or his allies, nor merchant excellency the earl of Albemarle, vessels belonging to his subjects ; who shall keep poffeffion of all till and likewise they are not to be at- both sovereigns come to another, tacked by any squadron, or fingle determination. ----All the artillery fhip, belonging to his Britannic and all kinds of arms, ammunition majesty, or any of his allies. Like- and naval stores, without reserve,

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Thail F the title page whefau tī this votume.

pages missing from this place,

peace, are to be for and between

Thall be delivered up to such persons rogatives that as such belong to as shall be appointed to receive them him, with the nomination of cuby fir George Pocock and the earl rates, and other ecclefiaftical miof Albemarle.

nisters, with the annexed jurisdiction V. That as by mere accident over them, as he has had hitherto, were residing in this city his excels with the freedom to receive all the lency the count de Superunda, lieut. rents and revenues within his bi hopgen. of his Catholic majesty's forces, ric; which privileges shall extend and late viceroy of Peru, and Don likewise to all other ecclefiaftics in Diego Tavares, major-general of those shares belonging to them. his majesty's forces, and late go- Granted, with a reserve, that vernor of Carthagena, both here in in the appointment of priests, and otheir return to Spain : these gentle- ther ecclefiaftical officers, it shall be men and their families shall be com- with the approbation of the British prehended in this capitulation, al- governor lowing them to possess their equi- VIII. That within the monaspages, and other effects belonging to teries of religious men and women, them; and to grant them vessels to shall be observed and kept the same transport them to Spain.. „The interior government as hitherto, count Superunda, lieut. gen. of his without any novelty or variation. Catholic majesty's forces, and late Granted. viceroy of the kingdom of Peru, IX. That in the same manner as and Don Diego Tavares, knight of the effe&ts and monies in this city, the order of St. James, major ge- belonging to his Catholic majesty, neral, and late governor of Cartha- is to be shipped on board of the gena, shall be conveyed to Old squadron in this harbour, to transSpain in the most commodious ships port the same to Spain, all the to. that can be provided, suitable to bacco which likewise belongs to his the rank, dignity, and character of Catholic majesty. And it Thall be those noble persons, with all their permitted, even in time of war, to effects, money, and attendants, at his Catholic majefty, to purchase such time as may be most conve- tobacco on the said island, in the nient to themselves.

district subject to the king of Great VI. That the Catholic Apoftolic Britain, at the established prices, and Roman religion shall be maintained the free exportation of the fame to and preserved in the same manner Spain in Spanish or foreign vessels ; and form as it has hitherto been in and for which purpose, and receive all the dominions belonging to his ing and keeping, and curing the Catholic majesty, without putting fame, shall be kept, and poffeffed the least restraint to any of their the ware-houses, with all other public worships; and the different buildings, which are destined for orders, universities, and colleges, that purpose ; and likewife shall be shall remain in the full enjoyment allowed and maintained here, all of all their rights, in the same man- such officers as should be necessary ner as they have hitherto enjoyed.

to manage the same.

Refused. Granted.

X. That in consideration that VII. That the bishop of Cuba is this port is situated by nature for to enjoy all the privileges and pre- the relief of those who navigate in

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those

those parts of Spanish and British XIII. That to any of the afored America, that this port shall be re- faid inhabitants of this city who puted and allowed to be neutral to should not chuse to stay, it shall be the subjects of his Catholic majesty, permitted them to take out their who are to be admitted in and out property and riches in such fpecie freely, to take in such refreshments as should be most convenient to as they may be in need of, as well them, and to dispose of their eftates, as repairing their vessels, paying the or to leave them under the adminicurrent prices for every thing, and stration of others, and to transport that they are not to be insulted nor themselves with them, to such of interrupted in their navigation by his Catholic majesty's dominions any vessels belonging to his Britan- as they should chuse, granting them nic majesty, or his subjects or allies, four years to execute the fame, from the Capes Catoche, on the and vessels to transport them, coast of Campeche, and that of St. either upon purchase, or on freight, Antonio, to the westward of this with the necessary passports, and island ; nor from the Tortuga bank authority to bear arms against the to this port; and from here till they Moors and Turks, upon this exget into the latitude of 33 degrees press condition, that they shall not North, till both their majesties a- use them against his Britannic magree to the contrary.- Refused. jesty's subjects, or his allies, who

XI. That all the inhabitants, are not to insult them, nor abandon Europeans, and Creoles in this city, them; and that this and the two shall be left in the free possession and foregoing articles, are to compre. management of all their offices and hend and admit to be included all employments which they have by his Catholic majesty's ministers and purchase, as well as of their estates, officers, as well civil, as marine and and all other effects whatever, with- military, who are married and esta. out being obliged to account on blished with families and estates in any other terms than those on which this city, in order that they may they did to his Catholic inajefty. obtain the same privileges as the

Granted. And they fhall be other inhabitants. The inhabiallowed to continue in their offices tants will be allowed to dispose of, of property as long as they conduct and remove their effects to any part themselves properly.

of the king of Spain's dominions in XII. That the said offices shall vessels at their own expence, for preserve and keep the rights and which they will have proper paffprivileges which they have hitherto ports. It is understood that such enjoyed, and they shall be governed officers as have property in this in his Britannic majesty's name, un- island, shall have the same indulder the same laws and administra- gence allowed to the rest of the intion of justice, and under such con- habitants. ditions as they have done hitherto XIV. That to these people no in the dominion of Spain, in every ill consequence shall arise on acparticular, appointing their judges count of having taken up arms, oweand officers of justice agreeable to ing to their fidelity, and their betheir usual custom.- Granted. ing enlisted in the militia, on ac

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bount of the necessity of war; duty, with free liberty to carry them neither shall the English troops be to Spain for that purpose : and the permitted to plunder; but, on the same shall be understood with the Contrary, they shall compleatly en- managers of the royal company estajoy their rights and prerogatives as blished in this city. ---All public other subjects of his Britannic ma- papers to be delivered to the se. jesty, allowing them to return with- cretaries of the admiral and geneout the least hindrance or impedi- ral for inspection, which will be rement from the country into the turned to his Catholic majesty's ofcity, with all their families, equi- ficers, if not found neceffary for the pages, and effects, as they went government of the island. out of the city on account of this XVII. That the public records invasion, and who are to be com- are to remain in custody of those prehended in the present articles; officers who possess them, withou: and that neither of them shall be permitting any of the papers to be incommoded with having troops taken away, for fear of their being quartered in their houses, but that misaid.Answered in the forethey fhall be lodged in particular going article. quarters, as it has been practised XVIII. That the officers and folduring the Spanish government. diers who are fick in the hospital, Granted. Except that in cases of shall be treated in the same mannecessity, quartering the troops must ner as the garrison, and after their be left to the direction of the gover- recovery they shall be granted horses

All the king's slaves are too or vesels to transport themselves be delivered up to the persons ap- where the rest of the garrison goes, pointed to receive them.

with every thing necessary for their XV. That the effects detained security and subfiftence during their in this city, belonging to the mer- yoyage; and before which they shall chants at Cadiz, which have arrived be provided with such provisions here in the different register ships, and medicines as shall be demanded and in which are interested all the by the hospital keepers and surEuropean nations, a fufficient paff- geons thereof; and all others onport shall be granted to the super- der them, who are included in this cargoes thereof, that they may capitulation, are to stay or go as freely remit the same with the re- they fall prefer. Granted. The gifter ships, without running the governor leaving proper commissarisque of being insulted in their ries to furnish them with provisions, palage.-Refused.

surgeons, medicines, and neceffaXVI. That those civil, or other ries, at the expence of his Catholic officers, who have had charge of majefty, while they remain in the the management of the adminiftra- hospital. tion and distribution of the royal XIX. That all the prisoners made treasure, or any other affair of a on both sides, since the 6th of June, peculiar nature from his Catholic when the English squadron appeared. majesty, they are to be left with before this harbour, thall be rethe free use of all those papers turned reciprocally, and without which concern the discharge of their any ransom, withia the term of two

months,

nor.

months, for those who were sent text whatever, of making reprisals away from the city to other towns on account of not having complied in this island, which was done for with the foregoing. want of proper places of security

ALBEMARLE. G. Pocock. here, or before, if they can arrive. E. Marq. del Real TRANSPORTE. -This article cannot be con

JUAN DE PRADO. cluded upon, till the British priso- Head-quarters near the Havannah, ners are delivered up.

12th August 1762. XX. That as soon as the articles of this capitulation are agreed upon, and hostages given on each Papers relating to the recovery of St. fide for the performance thereof,

John's in Newfoundland, from the the Land Gate shall be delivered into

French. the poslefiion of his Britannic majesty's troops, that they may post a Colonel Amherst's fummons to the goguard there; and the garrison shall

vernor of St. John's fort. have one themselves, until the place is evacuated, when the earl of Al

Camp before St. John's, bemarle will be pleased to send some

SIR, Sept. 16, 1762. foldiers as a safe - guard to the Humanity

directs me to acquaint churches, convents, and treasuries,

you of my firm intentions. and all other places of consequence. I know the miserable ftate your

- The number of safe-guards re- garrison is left in, and am fully inquired for the security of the formed of your design of blowing churches, convents,

and other places, shall be granted. The relt up the fort on quitting it; but have

a care; for I have taken measures of the article is answered in the pre- effectually to cut off your retreat : liminary article.

and so sure as a match is put to the . XXI. That it shall be allowed to train, every man of the garrison the governor and commander in

shall be put to the sword, chief of this squadron, to dispatch

I must have immediate poffeffion, a packet-boat with advice to his of the fort, in the state it now is, Catholic majesty, as well as to

or expect the consequences. other people who have a right to the same advice, to which vefiel of it. I have the honour to be, sir,

I give you half an hour to think there shall be granted a safe and

your most obedient humble servant, secure passport for the voyage.

WM. AMHERST. As the troops are to be sent to Old To the oficer commandSpain, a packet is unnecessary.

ing at St. John's. XXII. That the troops of the Punta castle shall have the same ho

Letter from the count d'Hausonville nours as the garrison of the town,

to lieut, col. Amherst ;. dated at St. and that they shall march out by

John's, Sept. 16, 1762. one of the most practicable breaches. Granted.

WITH regard to the conduct that XXIII. That the capitulation is I shall hold, you may, fir, to be understood literally, and with- be mifinformed. I wait for your out any interpretation on any pre- troops and your cannon; and no

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