all the honours of war." The inhabitants shall march out of all their garrisons and posts with their arms; upon condition that they afterwards lay them down; and that all the forts, batteries, and military implements, be delivered to persons appointed to receive them."

II. The inhabitants shall have the free exercise of their religion, and the priests, nuns and friars, shall be preserved in their cures and convents.- "Granted."

III. The inhabitants shall not be obliged to take arms against his Most Christian Majesty, nor even against any other power."They become subjects of his Britannic Majesty, and must take the oath of allegiance; but shall not be obliged to take arms against his Most Christian Majesty, until a peace may determine the fate of the island."

IV. The inhabitants shall be preserved in their privileges, rights, honours and exemptions." They are subjects of his Britannic Majesty, and shall enjoy their properties, and the same privileges as in the other of his Majesty's Leeward Islands."

V. The prisoners taken during the siege shall be restored on both sides; the free mulattoes, as well as the negroes, shall be restored as prisoners of war.-" The inhabitants and mulattoes will become British subjects, upon the submission of the whole islaud. The negroes taken in arms are deemed slaves."

VI. The subjects of Great Britain, who have taken refuge in the island for crimes, or condemned to punishments, shall have liberty of retiring." Refused."

VII. No others than the inhabitants of this island shall, till the peace, possess any estates, either by acquisition, agreement, or otherwise; but in case at the peace the country shall be ceded to the king of Great Britain, then it shall be permitted to the inhabitants, who shall not be willing to become his subjects, to sell their estates, and to retire to any place they think proper."All subjects of Great Britain may possess any lands or houses by purchase. The remainder of this article granted, provided they sell to British subjects."

VIII. The inhabitants and merchants shall enjoy all their privileges of commerce as the subjects of Great Britain."Granted; so that it does not affect the privileges of particular companies established in England, or the laws of the kingdom, which prohibit the carrying on trade in other than British bottoms."

Signed by the above-mentioned deputies, and by Robert Monkton and G. B. Rodney, commanders of his Britannic Majesty's forces by sea and land, the 7th February, 1702.

On the 18th of February a similar capitulation was demanded for the whole island, and granted with the same restrictions.

No. IV. (P. 61.)

Abstract of the Articles of Capitulation agreed upon between Sir George Pocock, Knight of the Bath, and the Earl of Albemarle, and the Marquis of Real Transporte, commander in chief of the squadron of his Catholic Majesty, and Don Juan de Prado, governor of the Havannah, for the surrender of the city, and all its dependencies, with all the Spanish ships in the harbour.

PRELIMINARY ARTICLE.-Fort La Punta and the landgate shall be delivered to his Britannic Majesty's troops to-morrow morning, the 13th of August, at twelve o'clock; at which time it is expected the following articles of capitulation shall be signed and ratified.

ARTICLE I. The garrison, consisting of the infantry, artillerymen, and dragoons, the different militia of the towns in the island, shall march out of the land-gate the 20th instant, provided in that time no relief arrives, so as to raise the siege, with all the military honours, arms shouldered, six field-pieces of twelve pounders each, and as many rounds to each soldier; the regiments shall take out with them the military chests. And the governor shall have six covered waggons which are not to be examined upon any pretence whatever." The garrison shall have the honours of war, and shall march out of the Punta gate with two pieces of cannon, and six rounds for each gun. The military chest refused. The governor will be allowed as many boats as necessary to transport his baggage and effects on board the ships destined for him. The military without the town, as well as those within, to deliver up their arms to the British commissary."

II. The marines, and the ships crews who have served on shore, shall obtain, on their going out, the same honours as the

garrison of the city; and shall proceed with those honours on board the said ships, that they may, together with their commander in chief, Don Gulierres de Ilevia, marquis del Real Transporte, sail in the said ships as soon as the port is open, with all their money and effects, in order to proceed to some other port belonging to Spain, in doing which they will oblige themselves, that, during their navigation to their destined port, they shall not attack any vessels belonging to his Britannic Majesty, his subjects or allies. Likewise liberty shall be granted to the marines and ships crews, with their officers, to go on board the said ships, and carry with them the effects and money in the city belonging to his Catholic Majesty." The marquis of Real Transporte, with his officers, sailors and marines, as making part of the garrison, shall be treated in every respect as the governor and regular troops: All ships in the Havannah, and all money and effects belonging to his Catholic Majesty, shall be delivered up to persons appointed by Sir George Pocock and the earl of Albemarle."

III. That the Roman Catholic religion shall be maintained and preserved in the same manner as it has hitherto been in all the dominions belonging to his Catholic Majesty; and the different orders, colleges and universities remain in the full enjoyment of all their rights." Granted."

IV. That, in consideration that this port is situated by nature for the relief of those who navigate in those parts of Spanish and British America, that this port shall be allowed to be neutral to the subjects of his Catholic Majesty; who are to be admitted in and out freely, to take in such refreshments as they may be in need of, as well as repairing their vessels, paying the current prices for every thing, and that they are not to be insulted nor interrupted in their navigation by any vessels belonging to his Britannic Majesty, or his subjects or allies, from the capes Caloche, on the coast of Campeche, and that of St. Antonio to the westward of this island, nor from the Tortuga bank to this port; and from hence till they get into the latitude of 33 degrees north, till both their Majesties agree to the contrary. "Refused."

V. That the effects detained in this city belonging to the merchants of Cadiz, which have arrived here in the different register ships, and in which are interested all the European nations, a sufficient passport shall be granted to the supercargoes thereof, that they may freely remit the same with the register ships, without running the risk of being insulted in their passage.• Refused."

VI. That those civil or other officers, who have had charge of

the management of the administration and distribution of the royal treasure, or any other affair of a peculiar nature from his Catholic Majesty, they are to be left with the free use of all those papers which concern the discharge of their duty, with free liberty to carry them to Spain for that purpose; and the same shall be understood with the managers of the royal company in this city." All public papers to be delivered to the secretaries of the admiral and general for inspection, which shall be returned to his Catholic Majesty's officers, if not found necessary for the government of the island."

(Signed)

EL MARQUES DEL REAL TRANSPORTE.
JUAN DE PRADO.

ALBEMARLE.
G. Pocock

No. V. (P. 93.)

Abstract of the principal Articles of the Definitive Treaty of
Peace and Friendship between his Britannic 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.

Be it known to all those to whom it shall or may in any manner belong. It has pleased the Most High to diffuse the spirit of concord and union among the princes, whose divisions had spread troubles in the four quarters of the globe. For this purpose the high contracting parties have named and appointed their respective ambassadors, his sacred Majesty the king of Great Britain, John duke of Bedford; his sacred Majesty the Most Christian King, Gabriel De Choiseul duke of Praslin; his sacred Majesty the Catholic King, Don Jerome marquis of Grimaldi; his sacred Majesty the Most Faithful King, Martin de Mello and Castro; who, having duly communicated to each other their full powers, have agreed upon the articles, the tenor of which is as follows.

ARTICLE I. There shall be a Christian, universal, and perpetual peace, as well by sea as by land, and a sincere and con

stant friendship shall be re-established between the before-mentioned sovereigns; and a general oblivion of every thing that may have been done or committed before or since the commencement of the æra that is just ended.

II. The former treaties concluded between the respective kingdoms are hereby renewed and confirmed in the best form, and serve as the basis of the present definitive treaty.

III. The prisoners made on all sides, and the hostages carried away or given during the war, shall be restored without ransom, each crown respectively paying the advances made for the subsistence and maintenance of their prisoners, by the sovereign of the country where they shall have been detained.

IV. His Most Christian Majesty renounces all pretensions which he has heretofore formed, or might form to Nova Scotia, or Acadia, in all its parts; and guarantees the whole of it, with all its dependencies, to the king of Great Britain: moreover, his Most Christian Majesty cedes and guarantees to his Britannic Majesty, in full right, Canada, with all its dependencies, as well as the island of Cape Breton, and all the other islands and coasts in the Gulf and River of St. Lawrence, and in general every thing that depends on the said countries, lands, islands, and coasts, with the sovereignty, property, and possession, and all rights acquired by treaty or otherwise, which the crown of France has had till now over the said places. His Britannic Majesty, on his side, agrees to grant the liberty of the Catholic religion to the inhabitants of Canada.

V. The subjects of France shall have the liberty of fishing and drying on a part of the coasts of the island of Newfoundland, such as it is specified in the 13th article of the treaty of Utrecht; and his Britannic Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the Gulf St. Lawrence, on condition that the subjects of France do not exercise the said fishery, but at the distance of three leagues from all the coasts belonging to Great Britain.

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 shelter to the French fishermen ; and his Most Christian Majesty engages not to fortify the said islands, to erect no buildings upon them 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