THE DEFINITIVE TREATY OF PEACE AND FRIENDSHIP, &c. Concluded at PARIS Feb. 10th, 1763.
THE DEFINITIVE TREATY OF PEACE AND FRIENDSHIP BETWEEN His BRITANNICK MAJESTY, the Most CHRISTIAN KING, and the KING OF SPAIN. Concluded at PARIS, the 10th Day of February, 1763. TO WHICH, The King of PORTUGAL acceded on the same Day.
PUBLISHED BY AUTHORITY.
LONDON: Printed by E. OWEN and T. HARRISON, in WARWICK-LANE: CHARLESTOWN: Re-printed by ROBERT WELLS, and sold at his Shop on the BAY, 1763.
The DEFINITIVE TREATY OF PEACE AND FRIENDSHIP between His BRITANNICK MAJESTY, the Most CHRISTIAN KING, and the KING OF SPAIN. Concluded at Paris, the Tenth Day of February, One Thousand Seven Hundred and Sixty-three.
BE it known to all th [...]se to whom it shall, or may, in any manner, belong.
It has pleased the most High to diffuse the spirit of union and concord among the Princes, whose divisions had spread troubles in the four parts of the world, and to inspire them with the inclination [...] cause the comforts of peace to succeed to the misfortunes of a long and bloody war, which, having arisen between England and France, during the reign of the most seren and most [...]otent Prince George the Second, by the grace of God, King of Great-Britain, of [...], continued under the reign of the most serene and most potent Prince, George the Third, his sucessour, and, in it progress communicated itself to Spain and Portugal: Consequently the most serene and most potent Prince, George the Third, [...]y the grace of God, King of Great-Britain, France and Ireland, Duke of Brunswick and Luxembourgh. Arc [...] re [...]er, and Elector, of the Holy Roman Empire; the most serene and most potent Prince, Lewis the Fifteenth, by the grace of God, most Christian King; and the most serene and most potent Prince, Charles the Third, by the grace of God, King of Spain and of the Indies, after having laid the foundations of peace in the preliminaries, signed at Fontainbleau that third of November last; and the most seren and most potent Prince, Don J [...]seph the First, by the grace of God; King of Portugal and of the Algarves, after having acceded thereto, determined to compleat, without delay, this great and important work. For this purpose, the high contracting parties have named and appointed their respective ambassador [...] extraordinary and ministers plenipotentiary, viz. His Sacred Majesty the King of Great Britain, the most illustrious and most excellent lord John duke and earl of Bedford, marquis of Tavistock, &c. his minister of state, lieutenant-general of his armies, keeper of his privy seal, knight of the most noble order of the garter, and his ambassadour extraordinary and minister plenipotentiary to his most Christian Majesty; His Sacred Majesty the most Christian King, the most iliust [...] ous and most excellent lord Caesar Gabriel de Choisoul, duke of Proslin, poor of France, Knight of his orders, lieutenant-general of his armies, and of the province of Britanny, counsellor in all his councils, and minister and secretary of state and of his commands and finances; His Sacred Majesty the Catholick King, the illustrious and most excellent lord Don Jerome Grimaldi, marquis de Grimaldi, knight of the most Christian King's orders, gentleman of his Catholick Majesty's bed-chamber in employment, and his ambassadour extraordinary to his most Christian Majesty; His Sacred Majesty be most Faithful King, the most illustrious and most excellent lord Martin de Mill [...] and Castro, knight prosessed of the order of Christ, of his most Faithful Majesty's council, and his ambassadour, and minister plenipotentiary, to his most Christ an Majesty. Who, after having duly communicated to each other their full powers, in good form copies whereof are transcribed at the and of the present treaty of peace, have agreed upon the art [...]s, the [...]our of which is as follows.
ARTICLE I.
THERE shall be a Christian, universal and perpetual p [...]c [...]a a [...] well by sea as by land, and a sincere and constant friendship shall be re-established between their Britannick, most Christian, Catholick and most Faithful Majesties, and between their heirs and successou [...], kingdom, dominions, provinces, countries, subfects, and vassls, of what quality or condition soever they be, without exception of places, or of persons; So that the high comtracting parties shall give the grea [...]t [...] tion to maintzin between them [...] [...] and their said domi [...]ions and subjects, this re [...]iprocal friendship are correspord [...] without permitting, on either [...]e, any kind o [...] [...]o [...]ilities by sea or by land, to be comu [...]tted. From henceforth, for any case, or under any pretence [...] fcever, and every thing shall be carefully avoided, whi [...] might, hereafter, prejudice the union happily [...] [Page 4]applying themselves, on the contrary, on every occasion, to procure for each other whatever may cont [...]b [...]e to their mutual glory, in [...]t, and advantages, without giving any assistance or protection, directly or indirectly, to those who would cause any prejudice to either of the high contracting parties: There shall be a general oblivion of every [...]ing that may have been do [...] or committed [...]ore, or since, the commencement of the war, which is just ended.
II.
The treaties of Westphalia of 1648; those of Madrid between the crowns of Great Britain and Spain of 1667, and 1670; the treaties of peace of Ni [...]guen of 1678, and 1679; of R [...]swyck of 1697; those of peace and of commerce of Utrecht of 1713; that of Baden of 1714; the treaty of the [...] alliance of the Hague of 1717; that of the quadruple alliance of London of 1718; the treaty of peace of Vienna of 1738; the definitive treaty of Aix la Chapelle of 1748; and that of Madrid, between the crowns of Great Britain and Spain, of 1750; as well as the treaties between the crow [...] of Spain and Portugal of the 13th of February 1668; of the 6th of February 1715; and of the 12th of February 1761; and that of the 11th of April 1713 between France and Portugal, with the guarantie of Great-Britain, serve as a basis and foundation to the peace, and to the present treaty: And for this purpose, they are all renewed and confirmed in the best form, as well as all the treaties in general, which subsisted between the high contracting parties before the war, as if they were inserted here word for word, so that they are to be exactly observed for the future, in their whole tenour, and religiously executed on all sides, in all their points which shall not be derogated from by the present treaty, notwithstanding all that may have been stipulated to the contrary by any of the high contracting parties; And all the said parties declare, that they will not suffer any privilege, favour or indulgence, to subsist, contrary to the treaties above co [...] firmed, except what shall have been agreed and stipulated by [...] present treaty.
III.
All the prisoners made, on all sides, as well by land as by sea, and the hostages carried away, o [...] given during the war, and to this day, shall be restored, with out ra [...]som, six weeks, at [...], to be [...] from the day of the [...]h [...]ge of the [...]tion of the p [...]ent treaty, each down [...] the [...], which shall have been made for [...]tenance of their [...] of the country where they shall have [...]ing to the [...] and [...] [...] and the other; And [...] for the payment of the [...] which the [...] have contracted in the countries, [...] detained, until their [...] and merchant [...] the expiration of [...] bona fide, with all their crews, and cargoes; And the execution of this article shall be proceeded upon immediately aster the exchange of the ratifications of this treaty.
IV.
His most Christian Majesty reno [...] all pretensions, which he has heretofore formed, or might from, to Nova-Scotia, or Acadia, in all its parts, and guaranties the whole of it, and with all its dependencies, to the King of Great-Britain: Moreover, his most Chri [...] Majesty cedes, and guaranties to his said [...]ri [...]ick Majesty, in full right, Ca [...], with all its dependencies, as well as the island of Cape-Breton, and all the other islands, and co [...]s, in the [...] river [...] Lawrence, and, in general, every thing that dep [...] on the said countries, lands, i [...]ds, and co [...], with the sovereignty, property, possession, and [...] acquired by treaty or otherwise, which the most Ch [...]tian King, and the crown of France, have had, till now, over the said countries, islands, lands, pl [...], [...], and their inhabit [...], so that the most Chri [...] King cedes and [...] the whole to the said King, and to the crown of Great Britain, and that in the most ample manner and form, without restriction, and without any liberty to depart from the said [...] under any pretence, or to di [...] Great-Britain in t [...] po [...] above-mentioned. His Bri [...] Majesty, on his side, agrees to grant the liberty of the C [...] religion to the inhabitants of Canada. He will, consequently, give the most precise and most [...] order, that his new Ro [...] Catholick subjects may pr [...] the worship of their religion, according to the ri [...] of the R [...] Church, as far as the laws of Great-Britain permit. His [...] agree, that the French in [...], or others who had been [...] of the [...] Chri [...] King in Canada, may r [...], with all [...]ty and [...], wherever they shall think proper, and may sell their [...], provided it be to [...] of his [...]ick Majesty, and bring away their effects, as well as th [...] persons, without [...] in their [...]igration, under any pretence wh [...], except that of debts, or of [...] prosecutions; The term, li [...]ted for this emigration, shall be fi [...]ed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present [...]eaty.
V.
The subjects of France shall have the liberty of fishing and drying, on a part of the coasts of the island of New- [...]and, such as it is specified in the XIIIth article of the treaty of Utrecht; which article is renewed and con [...] by the [...] treaty, (except what [...] to the i [...] of [...] the mouth and in the Gul [...]h of St. L [...] rence) And his B [...]itannick Mijesty conf [...] to leave to the [...] of the most Christian King the liberty of [...] gulph St. Lawrence, on [...] that the [...] do not exercise the [...], but at [...] three [...] [Page 5]of the islands situated in the said gulph St. Law [...]ence. And as to what relates to the fishery on the co [...] of the island of Cape-Breton out of the said gulph, the subjects of the most Christian King shall not be permitted to exercise the said fishery, but at the distance of [...]teen leagues from the coasts of the island of Cape-Breton; and the fishery on the coasts of Nova-S [...]otia or Acadi [...], and every where [...]lse out of the said gulph, shall remain on the foot of former treaties.
VI.
The King of Great-Britain cedes the islands of St. Pierre and Miquelon, in full right, to his most Christian Majesty, to serve as a shelter to the French fishermen: And his said most Christian Majesty engeges not to fortify the said islands; to erect no buildings upon [...]m, but merely for the convenience of the fishery; and to keep upon them a guard of fifty men only for the police.
VII.
In order to re-establish peace on solid and durable foundations, and to remove for ever all subject of dispute with regard to the limits of the British and French territories on the continent of America; it is agreed, that for the future, the confines between the dominions of his Britannick Majesty, and those of his most Christian Majesty, in that part of the world, shall be fixed irrevocably by a line drawn along the middle of the river Mississippi, from its source to the river Iberville, and from thence, by a line drawn along the middle of this river, and the lakes Maurepas and Pontchartrain, to the sea; and for this purpose, the most Christian King cedes in full right, and guaranties to his Britannick Majesty, the river and port of the Moblie, and every thing which he possesses, or ought to possess, on the left side of the river Mississippi, except the town of New-Orleans, and the island in which it is situated, which shall remain to France; provided that the navigation of the river Mississippi shall be equally free, as well to the subjects of Great-Britain, as the those of France, in its whole breadth and length, from its source to the sea, and expresly that part which is between the said island of New-Orleans, and the right bank of that river, as well as the passage both in and out of its mouth; It is further stipulated, that the vessels belonging to the subjects of either nation, shall not be stopped, visited or subjected to the payment of any duty whatsoever. The stipulations, inserted in the IVth article, in favour of the inhabitants of Canada, shall also take place, with regard to the inhabitants of the countries ceded by this article.
VIII.
The King of Great-Britain shall restore to France the islands of Guadaloupe, of Mariegalante, of Des [...]ade, of Martinico, and of Belleisle; and the fortresses of these islands shall be restored in the same condition they were in, when they were conquered by the British arms; provided that his Britannick Majesty's subject, who shall have settled in the said islands, or those who shall have any [...]me [...] affairs to [...] there, or in the other places restored to France by the present treaty, shall have liberty to sell their lands and their estates, to settle their affairs, to recover their debts, and to bring away their effects, as well as their persons, on board vessels, which they shall be permitted to send to the said islands, and other places restored as above, and which shall serve for this use only, without [...] restrained on account of their religion, or under any other pretence whatsoever, except that of debts, or of erimi [...] prosecutions; And for this purpose, the term of eighteen months is allowed to his Britannick Majesty's subjects, to be computed from the day of the exchange of the ratifications of the present treaty; but, as the liberty granted to his Britannick Majesty's subjects, to bring away their persons and their effects, in vessels of their nation, may be liable to abuses, if precautions were not taken to prevent them; It has been expresly agreed between his Britannick Majesty and his most Christian Majesty, that the number of English vessels, which shall have leave to go to the said islands and places restored to France, shall be limited, as well as the number of tons of each one; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only, all the effects [...]ionging to the English being to the embarked at the same time. It has been further agreed, that his most Christian Majesty shall cause the necessary passports to be given to the said vessels; that, for the greater security, it shall be allowed to place two French clerks, or gu [...]s, in each of the said vessels, which shall be visited in [...] landing places, and ports of the said islands, and places, restored to France, and that the merchandize, which shall be found therein, shall be confiscated.
IX.
The most Christian King cedes and guaranties to his Britannick Majesty, in full right, the islands of Gren [...]dn, and of the Grenadines, with the same stipulations in favour of the inhabitants of this colony, inserted in the IVth article for those of Canada: And the partition of the islands, called neutral, is agreed and fixed, so that those of St. Vincent, Dominica, and To [...]ago, shall remain in full right to Great-Britain, and that that of St. Lucia shall be delivered to France, to enjoy the same likewise in full right; and the high contracting parties guaranty the partition so stipulated.
X.
His Britannick Majesty shall restore to France the island of Gorée in the condition it was in when conquered: And his most Christian Majesty cedes, in full right, and guaranties to the King of Great [...] the river Senegal, with the sorts and factories of St Lewis, Podo [...]s and Galem, and with all the rights and dependencies of the said river Senegal.
XI.
In the East-Indies, Great-Britain shall restore to France, in the condition they are now in, the different factories, which that crown possessed, as well on the coast of Coromandel and Orixa, as on that of Malabar, as also in [Page 6]Bengal, at the beginning of the year 1749. And his most Christian Majesty renounces all pretensions to the acquisitions which he had made on the coast of Coromandel and Orixa, since the said beginning of the year 1749. His most Christian Majesty shall restore, on his face, all that he may have conquered from Great-Britain, in the East Indies, during the present war; and will expertly cause Nattal and Tapanoully, in the island of Sumatra, to be restored; he engages further, not to elect fortifications, or keep troops in any part of the dominions of the Subah of Bengal. And in order to preserve future peace on the coast of Coromandel and Orixa, the English and French shall acknowledge Mahomet Ally Khan for lawful Nabob of the Carnatick, and Salabat Jing for lawful Subah of the Decan; and both parties shall renounce all demands and pretensions of satisfaction, with which they might charge each other, or their Indian allies, for the depredations, or pillage, committed, on the one side, or on the other during the war.
XII.
The island of Minorca shall be restored to his Britannick Majesty, as well as fort St. Philip, in the same condition they were in, when conquered by the arms of the most Christian King; and with the artillery which was there, when the said island and the said fort were taken.
XIII.
The town and port of Dunkirk shall be put into the state fixed by the last treaty of Aix-la-Chapelle, and by former treaties. The cunette shall be destroyed immediately after the exchange of the ratifications of the present treaty, as well as the forts and batteries which defend the entrance on the side of the sea; and provision shall be made, at the same time, for the wholesomeness of the air, and for the health of the inhabitants, by some other means, to the satisfaction of the King of GreatBritain.
XIV.
France shall restore all the countries belonging to the Electorate of Hanover, to the Landgrave of Hesse, to the Duke of Brunswick, and to the Count of la Lippe Buckehourg, which are, or shall be occupied by his most Christian Majesty's arms: The fortresses of these different countries shall be restored in the same condition they were in, when conquered by the French arms; and the pieces of artillery, which shall have been carried elsewhere, shall be replaced by the same number, of the same bore, weight, and metal.
XV.
In case the stipulations, contained in the XIIIth article of the preliminaries, should not be compleated at the time of the signature of the present treaty, as well with regard to the evacuations to be made by the armies of France, of the fortresses of Clever, Wesel, Gueldres, and of all the countries belonging to the King of Prussia, as with regard to the evacuations to be made by the British and French armies of the countries which they [...] Rhine, the Upper-Rhine, and in all the Empire, and to the retreat of the troops into the dominions of their respective sovereigns; their Britannick and most Christian Majesties promise to proceed, bonâ side, with all the dispatch the case will permit of, to the said evacuations, the entire completion whereof, they stipulate before the 15th of March next, or sooner if it can be done; and their Britannick and most Christian Majesties further engage, and promise to each other, not to furnish any succours of any kind, to their respective allies, who shall continue engaged in the war in Germany.
XVI.
The decision of the prizes made, in time of peace, by the subjects of Great-Britain, on the Spaniards, shall be referred to the courts of justice of the Admiralty of Great-Britain, conformable to the rules established among all nations, so that the validity of the said prizes, between the British and Spanish nations, shall be decided and judged, according to the law of nations, and according to treaties, in the courts of justice of the action, who shall have made the capture.
XVII.
His Britannick Majesty shall cause to be demolished all the fortifications which his subjects shall have erected in all the bay of Honduras, and other places of the territory of Spain in that part of the world, four months after the ratification of the present treaty: And his Catholick Majesty shall not permit his Britannick Majesty's subjects, or their workmen, to be disturbed, or molested, under any pretence whatsoever, in the said places, in their occupation of cutting, loading, and carrying away logwood: And for this purpose, they may build without hindrance, and occupy without interruption, the houses and magazines which are necessary for them, for their families, and for their effects: And his Catholick Majesty assures to them, by this article, the full enjoyment of those advantages, and powers, on the Spanish coasts and territories, as above stipulated, immediately after the ratification of the present treaty.
XVIII.
His Catholick Majesty desists, as well for himself, as for his successours, from all pretension, which he may have formed, in favour of the Guipuscoans, and other his subjects, to the right of fishing in the neighbourhood of the island of Newfoundland.
XIX.
The King of Great-Britain shall restore to Spain all the territory which he has conquered in the island of Cuba, with the fortress of the Havana, and this fortress, as well as all the other fortresses of the said island, shall be restored in the same condition they were in when conquered by his Britannick Majesty's arms; provided that his Britannick Majesty's subjects, who shall have settled in the said island, restored to Spain by the present treaty, or those who shall have any commercial affairs to settle there, shall have liberty to sell their [Page 7]lands and their estates, to settle their affairs, to recover their debts, and to bring away their effects, as well as their persons, on board vessels which they shall be permitted send to the said island restored as above, and which shall serve for that use only, without being restrained on account of their religion, or under any other pretence whatsoever, except that of debts, or of criminal prosecutions: And for this purpose, the term of eighteen months is allowed to his Britannick Majesty's subjects, to be computed from the day of the exchange of the ratifications of the present treaty: But as the liberty granted to his Britannick Majesty's subjects, to bring away their persons and their effects, in vessels of their [...] be liable to abuses, if precautions were not taken to prevent them; it has been expresly agreed, between his Britannick Majesty, and his Catholick Majesty, that the number of English vessels, which shall have leave to go to the said island restored to Spain, shall be limited, as well as the number of tons of each one; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only; all the effects belonging to the English being to be embarked at the same time: It has been further agreed, that his Catholick Majesty shall cause the necessary passports to be given to the said vessells; that, for the greater security, it shall be allowed so place two Spanish clerks, or guards, in each of the said vessels, which shall be visited in the landing-places, and ports of the said island restored to Spain, and that the merchandize, which shall be found therein, shall be confiscated.
XX.
In consequence of the restitution stipulated in the preceding article, his Catholick Majesty cedes and guaranties, in full right, to his Britannick Majesty, Florida, with the fort of St. Augustine, and the bay of Pensacola, as well as all that Spain possesses on the continent of North-America, to the east, or to the south-east of the river Mississippi: and in general, every thing that depends on the said countries, and lands, with the sovereignty, property, possession, and all rights, acquired by treaties or otherwise, which the Catholick King, and the crown of Spain, have had, till now, over the said countries, lands, places, and their inhabitants; so that the Catholick King cedes and makes over the whole to the said King, and to the crown of Great-Britain, and that in the most ample manner, and form. His Britannick Majesty agrees, on his side, to grant to the inhabitants of the countries, above ceded, the liberty of the Catholick religion: He will consequently give the most express and the most effectual orders, that his new Roman Catholick subjects may profess the worship of their religion, according to the rites of the Romish church, as far as the laws of Great-Britain permit: His Britannick Majesty further agrees, that the Spanish inhabitants, or others who had been subjects of the Catholick King in the said countries, may retire with all safety and freedom, wherever they think proper; and may sell their estates, provided it be to his Britannick Majesty's subjects, and bring away their effects, as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts or of criminal prosecutions: The term, limited for this emigration, being fixed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. It is moreover stipulated, that his Catholick Majesty shall have power to cause all the effects, that may belong to him, to be brought away, whether it be artillery, [...].
XXI.
The French and Spanish troops shall evacuate all the territories, lands, towns, places, and castles, of his most Faithful Majesty, in Europe, without any reserve, which shall have been conquered by the armies of France and Spain, and shall restore them in the same condition they were in when conquered, with the same artillery and ammunition, which were found there: And with regard to the Portuguese colonies in America, Africa, or in the East Indies, if any change shall have happened there, all things shall be restored on the same footing they were in, and conformably to the preceding treaties which subsisted between the courts of France, Spain, and Portugal, before the present war.
XXII.
All the papers, letters, documents, and archives, which were found in the countries, territories, towns, and places, that are restored, and those belonging to the countries ceded, shall be respectively, and bonâ fide, delivered, or furnished at the same time, if possible, that possession is taken, or, at latest, four months after the exchange of the ratifications of the present treaty, in whatever places the said papers or documents may be found.
XXIII.
All the countries and territories, which may have been conquered, in whatsoever part of the world, by the arms of their Britannick and most Faithful Majesties, as well as by those of their most Christian and Catholick Majesties, which are not included in the present treaty, either under the title of cessions, or under the title of restitutions, shall be restored without difficulty, and without requiring any compensation.
XXIV.
As it is necessary to assign a fixed epoch for the restitutions, and the evacuations, to be made by each of the high contracting parties; it is agreed, that the British and French troops shall complete, before the 15th of March next, all that shall remain to be executed of the XIIth and XIIIth articles of the preliminaries, signed the third day of November last, with regard to the evacuations to be made in the Empire, or elsewhere. The island of Belleisle shall be evacuated six weeks after the exchange of the ratifications of the present treaty, or sooner if it can be done. Guadaloupe, Desirade, Mariegalante, Martinico, and St. Lucia, three months after the exchange of the ratifications of the present treaty, or sooner if it can be done. Great-Britain shall likewise, [Page 8]at the expiration of three months after the exchange of the ratifications of the present treaty, or sooner if it can be done, enter into possession of the river and port of the Mobille, and of all that is to form the limits of the territory of Great-Britain, on the side of the river Mississippi, as they are specified in the VIIth article. The island of Goree shall be evacuated by Great-Britain, three months after the ratifications of the present treaty; and the island of Minorca, by France, at the same epoch, or sooner if it can be done: And acoording to the conditions of the VIth article, France shall likewise enter into possession of the islands of St. Peter, and of Miquelon, at the end of three months after the exchange of the ratifications of the present treaty. The factories in the East-Indies shall be restored six months after the exchange of the ratifications of the present treaty, or sooner if it can be done. The fortress of the Havana, with all that has been conquered in the island of Cuba, shall be restored three months after the exchange of the ratifications of the present treaty, or sooner if it can be done: And at the same time, Great-Britain shall enter into possession of the country ceded by Spain, according to the XXth article. All the places and countries of his most Faithful Majesty, in Europe, shall be restored immediately after the exchange of the ratifications of the present treaty; and the Portuguese colonies, which may have been conquered, shall be restored in the space of three months in the West-Indies, and of six months in the East-Indies, after the exchange of the ratifications of the present treaty, or sooner if it can be done. All the fortresses, the restitution whereof is stipulated above, shall be restored with the artillery and ammunition, which were found there at the time of the conquest. In consequence whereof, the necessary orders shall be sent by each of the high contracting parties, with reciprocal passports for the ships that shall carry them, immediately after the exchange of the ratifications of the present treaty.
XXV.
His Britannick Majesty, as Elector of Brunswick Lunenbourg, as well for himself, as for his heirs and successors and all the dominions and possessions of his said Majesty in Germany, are included and guarantied by the present treaty of peace.
XXVI.
Their Sacred, Britannick, most Christian, Catholick, and most Faithful Majesties, promise to observe, sincerely and bona fide, all the articles contained and settled in the present treaty; and they will not suffer the same to be infringed, directly or indirectly, by their respective subjects; and the said high contracting parties, generally and reciprocally, guaranty to each other all the stipulations of the present treaty.
XXVII.
The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged in this city of Paris, between the high contracting parties, in the space of a month, or sooner if possible, to be computed from the day of the signature of the present treaty.
- BEDFORD, C.P.S. (L.S.)
- CHOISEUL, DUC DE PRASLIN. (L.S.)
- EL MARQUIS DE GRIMALDI. (L.S.)
SEPARATE ARTICLES.
I.
SOME of the titles made use of by the contracting powers, either in the full powers, and other acts, during the course of the negociation, or in the preamble of the present treaty, not being generally acknowledged; it has been agreed, that no prejudice shall ever result therefrom to any of the said contracting parties, and that the titles, taken or omitted, on either side, on occasion of the said negociation, and of the present treaty, shall not be cited or quoted as a precedent.
II.
It has been agreed and determined, that the French language made use of in all the copies of the present treaty, shall not become an example, which may be alledged or made a precedent of, or prejudice, in any manner▪ any of the contracting powers; and that they shall conform themselves, for the future, to what has been observed, and ought to be observed, with regard to, and on the part of powers, who are used, and have a right, to give and to receive copies of like treaties in another language than French; the present treaty having still the same force and effect, as if the aforesaid custom had been therein observed.
III.
Though the King of Portugal has not signed the present definitive treaty, their Britannick, most Christian, and Catholick Majesties, acknowledge, nevertheless, that his most Faithful Majesty is formally included therein as a contracting party, and as if he had expresly signed the said treaty: Consequently, their Britannick, most Christian and Catholick Majesties, respectively and conjointly, promise to his most Faithful Majesty, in the most express and most binding manner, the execution of all and every the clauses, contained in the said treaty, on his act of accession.
The present separate articles shall have the same force as if they were inserted in the treaty.
- BEDFORD, C.P.S. (L. S.)
- CHOISEUL, DUC DE PRASLIN. (L. S.)
- EL MARQUIS DE GRIMALDI. (L. S.)
Declaration of his Most Christian Majesty's Plenipotentiary, with regard to the Debts due to the Canadians.
THE king of Great-Britain having desired, that the payment of the letters of exchange and bills, which had been delivered to the Canadians for the necessaries furnished to the French troop [...], should be secured, his most Christian Majesty, entirely disposed to render to every one that justice which is legally due to them, has declared, and does declare, that the said bills, and letters of exchange, shall be punctually paid, agreeably to a liquidation made in a convenient time, according to the distance of the places, and to what shall be possible, taking care, however, that the bills and letters of exchange, which the French subjects may have at the time of this declaration, be not confounded with the bills and letters of exchange, which are in the possession of the new subjects of the king of Great-Britain.
In witness whereof, we the underwritten minister of his Most Christian Majesty, duly authorized for this purpose, have signed the present declaration, and caused the seal of our a [...]ms to be put thereto.
Done at Paris the 10th of February, 1763.
Declaration of his Britannick Majesty's Ambassadour and Plenipotentiary, with regard to the Limits of Bengal in the East-Indies.
WE the underwritten ambassadour extraordinary and plenipotentiary of the king of Great-Britain, in order to prevent all subject of dispute on account of the limits of the dominions of the Sub [...]h of Bengal, as well as of the coast of Co [...]omardel and Orixa, declare, in the name and by order of his said Britannick majesty, that the said dominions of the Subah of Bengal, shall be reputed not to extend farther than Y [...]n [...]on [Page 12]exclusively, and that Yannon shall be considered at included in the north part of the coast of Coromandel or O [...]x [...].
BEDFORD, C. P. S. (L. S.)
Accession of his Most Faithful Majesty.
In the Name of the Most Holy and Undivided Trinity, Father, Son, and Holy Ghost. So be it.
BE it known to all those to whom it shall, or may belong; the ambassadours and plenipotentiaries of his Britannick Majesty, of his most Christian Majesty, and of his Catholick Majesty, having concluded and signed at Paris, the 10th of February of this year, a definitive treaty of peace, and separate articles, the tenour of which is as follows.
[Fiat Insertio.]
And the said ambassadours and plenipotentiaries having in a friendly manner invited the ambassadour and minister plenipotentiary of his Most Faithful Majesty to accede thereto in the name of his said Majesty; the underwritten ministers plenipotentiary, viz. On the part of the most serene and most potent prince, George the Third, by the grace of God, King of Great-Britain, France and Ireland, Duke of Brunswick and Lunenbourg, arch-treasurer and elector of the holy Roman empire, the most illustrious and most excellent Lord, John, Duke and Earl of Bedford, Marquis of Tavistock, &c. minister of state of the King of Great-Britain, lieutenant-general of his forces, keeper of his privy-seal, knight of the most noble order of the garter, and his ambassadour extraordinary and plenipotentiary to his Most Christian Majesty; and on the part of the most serene and most potent prince, Don Joseph the First, by the grace of God, King of Portugal and of the Algarves, the most illustrious and most excellent Lord, Martin de Mello and Castro, knight professed of the order of Christ, of his most Faithful Majesty's council, and his ambassadour and minister plenipotentiary to his most Christian majesty, in virtue of their full powers, which they have communicated to each other, and of which copies shall be added at the end of the present act, have agreed upon what follows, viz. His most Faithful Majesty defiring most sincerely to concur in the speedy re-establishment of peace, accedes, in virtue of the present act, to the said definitive treaty and separate articles, as they are above transcribed, without any reserve or exception, in the [...] confidence that every thing that is promised to his said majesty, will be bona side fulfilled declaring at the same time, and promising to fulfil, with equal fidelity, all the articles, clauses and conditions, which concern him. On his side, his Britannick Majesty accepts the present accession of his Most Faithful Majesty, and prom [...]es like wise to fulfil, without any reserve or exception, all the articles, clauses, and conditions, contained in the said definitive treaty and separate articles above inserted. The ratifications of the present treaty shall be exchanged in the space of one month, to be computed from this day, or sooner if it can be done.
- BEDFORD, C. P. S. (L. S.).
- DE MELLO ET CASTRO. (L. S.)
Declaration of his Most Faithful Majesty's Ambassadour and Minister Plenipotentiary, with regard to Alternating with Great-Britain and France.
WHEREAS on the conclusion of the negotiation of the defintive treaty, signed at Paris this 10th day of February, a difficulty arose as to the order of signing, which might have retarded the conclusion of the said treaty, we the unwritten, ambassadour and minister plenipotentiary of his most Faithful Majesty declare, that the alternative observed on the part of the king of Great-Britain, and the most Christian King, with the most Faithful king, in the act of accession of the court of Portugal, was granted by their Britannick and most Christian Majesties, solely with a view to accelerate the conclusion of the definitive treaty, and by that means, the more speedily to consolidate so important and so salutary a work; and that this complaisance of their Britannick and most Christian Majesties shall not, be made any precedent of for the future; the court of Portugal shall not alledge it as an example in their favour; shall derive therefrom no right, title, or pretension, for any cause, or under any pretence whatsoever.
MARTIN DE MELLO ET CASTRO. (L. S.)
In order to make this edition as compleat as possible, we have subjoined so much of the XIIIth article of the treaty of Utrecht as is confirmed by the present treaty, viz.
THE [...]sland called [...] foundland, with the adjacent islands, shall from this time forward belong of right wholly to Britain and to that end the town and fortre [...] of Placentia, and whatever other places in the said island are in possession of the French, shall yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner if possible, by the most Christian King, to those who have a commission from the Queen of Great-Britain for that purpose. Nor shall the most Christian King, his [...] and successours, or any of their subjects, at any time hereafter, lay claim to any right to the said island and islands, or to any part of it, or them. Moreover, it shall [...] be lawful for the subjects of France to forti [...]y any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and [...] for drying of [...]; or to resort to the said island, beyond the time necessary for fishing and drying of [...]. But it shall be allowed to the subjects of France to catch fish, and to dry them on land, in that part [...], and in no other besides that of the said island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island; and from thence running down by the western side, reaches as far as the place called Point Riche.