(Translation.)
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. (Printed from
the Copy.)
In the Name of the Most Holy and Undivided Trinity,
Father, Son, and Holy Ghost. So be it.
Be it known to all those 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 to 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 Serene and Most
Potent Prince, George the Second, by the grace of God, King of
Great Britain, of glorious memory, continued under the reign of
the Most Serene and Most Potent Prince, George the Third, his
successor, and, in its progress, communicated itself to Spain
and Portugal: Consequently, 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 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 Fontainebleau the third of November last; and the Most
Serene and Most Potent Prince, Don Joseph 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 Ambassadors 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 Ambassador Extraordinary and Minister Plenipotentiary
to his Most Christian Majesty; his Sacred Majesty the Most Christian
King, the Most Illustrious and Most Excellent Lord, Cæsar
Gabriel de Choiseul, Duke of Praslin, Peer of France, Knight of
his Orders, Lieutenant General of his Armies and of the province
of Britanny, Counsellor of all his Counsils, and Minister and
Secretary of State, and of his Commands and Finances: his Sacred
Majesty the Catholick King, the
Most 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 Bedchamber in Employment,
and his Ambassador Extraordinary to his Most Christian Majesty;
his Sacred Majesty the Most Faithful King, 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 Ambassador and Minister Plenipotentiary to his Most Christian
Majesty.
Who, after having duly communicated to each other
their full powers, in good form, copies whereof are transcribed
at the end of the present treaty of peace, 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 constant friendship shall be re established between their
Britannick, Most Christian, Catholick, and Most Faithful Majesties,
and between their heirs and successors, kingdoms, dominions, provinces,
countries, subjects, and vassals, of what quality or condition
soever they be, without exception of places or of persons: So
that the high contracting parties shall give the greatest attention
to maintain between themselves and their said dominions and subjects
this reciprocal friendship and correspondence, without permitting,
on either side, any kind of hostilities, by sea or by land, to
be committed from henceforth, for any cause, or under any pretence
whatsoever, and every thing shall be carefully avoided which might
hereafter prejudice the union happily reestablished, applying
themselves, on the contrary, on every occasion, to procure for
each other whatever may contribute to their mutual glory, interests,
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 thing that may have been done or committed before 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 1661,
and 1670; the treaties of peace of Nimeguen of 1678, and 1679;
of Ryswick of 1697; those of peace and of commerce of Utrecht
of 1713; that of Baden of 1714; the treaty of the triple alliance
of the Hague of 1717; that of the quadruple alliance of London
of 1118; 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 Crowns 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 guaranties 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 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 tenor, 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 confirmed, except what shall have been agreed and stipulated
by the present treaty.
III. All the prisoners made, on all sides, as well
by land as by sea, and the hostages carried away or given during
the war, and to this day, shall be restored, without ransom, six
weeks, at least, to be computed from the day of the exchange of
the ratification of the present treaty, each crown respectively
paying the advances which shall have been made for the subsistance
and maintenance of their prisoners by the Sovereign of the country
where they shall have been detained, according to the attested
receipts and estimates and other authentic vouchers which shall
be furnished on one side and the other. And securities shall be
reciprocally given for the payment of the debts which the prisoners
shall have contracted in the countries where they have been detained
until their entire liberty. And all the ships of war and merchant
vessels Which shall have been taken since the expiration of the
terms agreed upon for the cessation of hostilities by sea shall
likewise be restored, bonâ fide, with all their crews and
cargoes: and the execution of this article shall be proceeded
upon immediately after the exchange of the ratifications of this
treaty.
IV. His Most Christian Majesty renounces all pretensions
which he has heretofore formed or might have formed 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 Christian Majesty cedes and guaranties to his said Britannick
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 gulph and river of St. Lawrence, and in general,
every thing that depends on the said countries, lands, islands,
and coasts, with the sovereignty, property, possession, and all
rights acquired by treaty, or otherwise, which the Most Christian
King and the Crown of France have had till now over the said countries,
lands, islands, places, coasts, and their inhabitants, so that
the Most Christian 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, without restriction, and without any
liberty to depart from the said cession and guaranty under any
pretence, or to disturb Great Britain in the possessions above
mentioned. His Britannick Majesty, on his side, agrees to grant
the liberty of the Catholick religion to the inhabitants of Canada:
he will, in consequence, give the most precise and most effectual
orders, that his new Roman Catholic 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
farther agrees, that the French inhabitants, or others who had
been subjects of the Most Christian King in Canada, may retire
with all safety and freedom wherever they shall think proper,
and may sell their estates, provided it be to the subjects of
his Britannick Majesty, 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 shall be fixed to the space
of eighteen months, to be computed from the day of the exchange
of the ratification of the present treaty.
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 XIIIth article of
the treaty of Utrecht; which article is renewed and confirmed
by the present treaty, (except what relates to the island of Cape
Breton, as well as to the other islands and coasts in the mouth
and in the gulph of St. Lawrence:) And his Britannick Majesty
consents to leave to the subjects of the Most Christian King the
liberty of fishing in the gulph of 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, as well those of the continent as those of the
islands situated in the said gulph of St. Lawrence. And as to
what relates to the fishery on the coasts 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 fifteen leagues from the coasts of the island
of Cape Breton; and the fishery on the coasts of Nova Scotia or
Acadia, and every where else 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 Macquelon, in full right, to his Most Christian
Majesty, to serve as a shelter to the French fishermen; and his
said Most Christian Majesty engages not to fortify the said islands;
to erect no buildings upon them but merely for the conveniency
of the fishery; and to keep upon them a guard of fifty men only
for the police.
VII. In order to reestablish 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 Mobile, 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 to those of France, in its whole breadth and length, from its
source to the sea, and expressly 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 farther
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 Guadeloupe, of Mariegalante, of Desirade,
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 subjects, who shall have settled in the said islands,
or those who shall have any commercial affairs to settle there
or in 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
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
nation, may be liable to abuses if precautions were not taken
to prevent them; it has been expressly agreed between his Britannick
Majesty and his Most Christian Majesty, that the number of English
vessels which 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
belonging to the English being to be embarked at the same time.
It has been farther 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 guards in each of the said vessels, which shall
be visited in the 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 Grenada,
and 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, Dominico, and
Tobago, shall remain in full right to Great Britain, and 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 Goree in the condition it was in when conquered:
and his Most Christian Majesty cedes, in full right, and guaranties
to the King of Great Britain the river Senegal, with the forts
and factories of St. Lewis, Podor, and Galam, 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 as on the coast of Coromandel
and Orixa as on that of Malabar, as also in Bengal, at the beginning
of the year 1749. And his Most Christian Majesty renounces all
pretension to the acquisitions which he has made on the coast
of Coromandel and Orixa since the said beginning of the year 1749.
His Most Christian Majesty shall restore, on his side, all that
he may have conquered from Great Britain in the East Indies during
the present war; and will expressly cause Nattal and Tapanoully,
in the island of Sumatra, to be restored; he engages farther,
not to erect fortifications, or to 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 Great
Britain.
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 Buckebourg, 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 Cleves, Wezel, Guelders, 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
occupy in Westphalia, Lower Saxony, on the Lower 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 fide,
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 farther 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, conformably
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 nation 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
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 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 successors, 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 Havannah; 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 lands and their
estates, to settle their affairs, 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 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
nation, may be liable to abuses if precautions were not taken
to prevent them; it has been expressly 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
farther agreed, that his Catholick 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 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 Fort St.
Augustin, 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 Catholic 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 farther 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 or other things.
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 compensations.
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 compleat, before the 15th of March next, all
that shall remain to be executed of the XIIth and XIIIth articles
of the preliminaries, signed the 3d day of November last, with
regard to the evacuation 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. Guadeloupe, 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, at the end 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 Mobile,
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 exchange of 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 according 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 Havannah, 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 ratification
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
bonâ 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.
In witness whereof, we the underwritten their Ambassadors
Extraordinary, and Ministers Plenipotentiary, have signed with
our hand, in their name, and in virtue of our full powers, have
signed the present definitive treaty, and have caused the seal
of our arms to be put thereto. Done at Paris the tenth day of
February, 1763.
Bedford, C.P.S. Choiseul, Duc de Praslin. El Marq.
de Grimaldi.
(L.S.) (L.S.) (LS )
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 expressly 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.
In witness whereof, We the underwritten Ambassadors
Extraordinary, and Ministers Plenipotentiary of their Britannick,
Most Christian and Catholick Majesties, have signed the present
separate Articles, and have caused the seal of our arms to be
put thereto.
Done at Paris, the 10th of February, 1763.
Bedford, C.P.S. Choiseul, Duc El Marq. de
(L.S.) de Praslin. Grimaldi.
(L.S.) (L.S.)
His Britannick Majesty's full Power.
GEORGE R.
GEORGE the Third, by the grace of God, King of Great
Britain, France and Ireland, Defender of the Faith, Duke of Brunswick
and Lunenbourg, ArchTreasurer, and Prince Elector of the
Holy Roman Empire, &c. To all and singular to whom these presents
shall come, greeting. Whereas, in order to perfect the peace between
Us and our good Brother the Most Faithful King, on the one part,
and our good Brothers the Most Christian and Catholick Kings,
on the other, which has been happily begun by the Preliminary
Articles already signed at Fontainebleau the third of this month;
and to bring the same to the desired end, We have thought proper
to invest some fit person with full authority, on our part; Know
ye, that We, having most entire confidence in the fidelity, judgment,
skill, and ability in managing affairs of the greatest consequence,
of our right trusty, and right entirely beloved Cousin and Counsellor,
John Duke and Earl of Bedford, Marquis of Tavistock, Baron Russel
of Cheneys, Baron Russel of Thornhaugh, and Baron Howland of Streatham,
Lieutenantgeneral of our forces, Keeper of our Privy Seal,
Lieutenant and Custos Rotulorum of the counties of Bedford and
Devon, Knight of our most noble order of the Garter, and our Ambassador
Extraordinary and Plenipotentiary to our good Brother the Most
Christian King, have nominated, made, constituted and appointed,
as by these presents, we do nominate, make, constitute, and appoint
him, our true, certain, and undoubted Minister, Commissary, Deputy,
Procurator and Plenipotentiary, giving to him all and all manner
of power, faculty and authority, as well as our general and special
command (yet so as that the general do not derogate from the special,
or on the contrary) for Us and in our name, to meet and confer,
as well singly and separately, as jointly, and in a body, with
the Ambassadors, Commissaries, Deputies, and Plenipotentiaries
of the Princes, whom it may concern, vested with sufficient power
and authority for that purpose, and with them to agree upon, treat,
consult and conclude, concerning the reestablishing, as
soon as may be, a firm and lasting peace, and sincere friendship
and concord; and whatever shall be so agreed and concluded, for
Us and in our name, to sign, and to make a treaty or treaties,
on what shall have been so agreed and concluded, and to transact
every thing else that may belong to the happy completion of the
aforesaid work, in as ample a manner and form, and with the same
force and effect, as We ourselves, if we were present, could do
and perform; engaging and promising, on our royal word, that We
will approve, ratify and accept, in the best manner, whatever
shall happen to be transacted and concluded by our said Plenipotentiary,
and that We will never suffer any person to infringe or act contrary
to the same, either in the whole or in part. In witness and confirmation
whereof We have caused our great Seal of Great Britain to be affixed
to these presents, signed with our royal hand. Given at our Palace
at St. James's, the 12th day of November, 1762, in the third year
of our reign.
His Most Christian Majesty's Full Power.
LEWIS, by the grace of God, King of France and Navarre,
To all who shall see these presents, Greeting. Whereas the Preliminaries,
signed at Fontainebleau the third of November of the last year,
laid the foundation of the peace reestablished between us
and our most dear and most beloved good Brother and Cousin the
King of Spain, on the one part, and our most dear and most beloved
good Brother the King of Great Britain, and our most dear and
most beloved good Brother and Cousin the King of Portugal on the
other, We have had nothing more at heart since that happy epoch,
than to consolidate and strengthen in the most lasting manner,
so salutary and so important a work, by a solemn and definitive
treaty between Us and the said powers. For these causes, and other
good considerations, Us thereunto moving, We, trusting entirely
in the capacity and experience, zeal and fidelity for our service,
of our most dear and wellbeloved Cousin, Cæsar Gabriel
de Choiseul, Duke of Praslin, Peer of France, Knight of our Orders,
Lieutenant General of our Forces and of the province of Britany,
Counsellor in all our Councils, Minister and Secretary of State,
and of our Commands and Finances, We have named, appointed, and
deputed him, and by these presents, signed with our hand, do name,
appoint, and depute him our Minister Plenipotentiary, giving him
full and absolute power to act in that quality, and to confer,
negociate, treat and agree jointly with the Minister Plenipotentiary
of our most dear and most beloved good Brother the King of Great
Britain, the Minister Plenipotentiary of our most dear and most
beloved good Brother and Cousin the King of Spain and the Minister
Plenipotentiary of our most dear and most beloved good Brother
and Cousin the King of Portugal, vested with full powers, in good
form, to agree, conclude and sign such articles, conditions, conventions,
declarations, definitive treaty, accessions, and other acts whatsoever,
that he shall judge proper for securing and strengthening the
great work of peace, the whole with the same latitude and authority
that We ourselves might do, if We were there in person, even though
there should be something which might require a more special order
than what is contained in these presents, promising on the faith
and word of a King, to approve, keep firm and stable for ever,
to fulfil and execute punctually, all that our said Cousin, the
Duke of Praslin, shall have stipulated, promised and signed, in
virtue of the present full power, without ever acting contrary
thereto, or permitting any thing contrary thereto, for any cause,
or under any pretence whatsoever, as also to cause our letters
of ratification to be expedited in good form, and to cause them
to be delivered, in order to be exchanged within the time that
shall be agreed upon. For such is our pleasure. In witness whereof,
we have caused our Seal to be put to these presents. Given at
Versailles the 7th day of the month of February, in the year of
Grace 1763, and of our reign the fortyeighth. Signed Lewis,
and on the fold, by the King, the Duke of Choiseul. Sealed with
the great Seal of yellow Wax.
His Catholick Majesty's full Power.
DON CARLOS, by the grace of God, King of Castille,
of Leon, of Arragon, of the two Sicilies, of Jerusalem, of Navarre,
of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of
Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen,
of the Algarves. of Algecira. of Gibraltar. of the Canary Islands,
of the East and West Indies, Islands and Continent, of the Ocean,
Arch Duke of Austria, Duke of Burgundy, of Brabant and Milan,
Count of Hapsburg, of Flanders, of Tirol and Barcelona, Lord of
Biscay and of Molino, &c. Whereas preliminaries of a solid
and lasting peace between this Crown, and that of France on the
one part, and that of England and Portugal on the other, were
concluded and signed in the Royal Residence of Fontainbleau, the
3rd of November of the present year, and the respective ratifications
thereof exchanged on the 22d of the same month, by Ministers authorised
for that purpose, wherein it is promised, that a definitive treaty
should be forthwith entered upon, having established and regulated
the chief points upon which it is to turn: and whereas in the
same manner as I granted to you, Don Jerome Grimaldi, Marquis
de Grimaldi, Knight of the Order of the Holy Ghost, Gentleman
of my Bedchamber with employment, and my Ambassador Extraordinary
to the Most Christian King, my full power to treat, adjust, and
sign the beforementioned preliminaries, it is necessary
to grant the same to you, or to some other, to treat, adjust,
and sign the promised definitive treaty of peace as aforesaid:
therefore, as you the said Don Jerome Grimaldi, Marquis de Grimaldi,
are at the convenient place, and as I have every day fresh motives,
from your approved fidelity and zeal, capacity and prudence, to
entrust to you this, and otherlike concerns of my Crown,
I have appointed you my Minister Plenipotentiary, and granted
to you my full power, to the end, that, in my name, and representing
my person, you may treat, regulate, settle, and sign the said
definitive treaty of peace between my Crown and that of France
on the one part, that of England and that of Portugal on the other,
with the Ministers who shall be equally and specially authorised
by their respective Sovereigns for the same purpose; acknowledging,
as I do from this time acknowledge, as accepted and ratified,
whatever you shall so treat, conclude, and sign; promising, on
my Royal Word, that I will observe and fulfil the same, will cause
it to be observed and fulfilled, as if it had been treated, concluded,
and signed by myself. In witness whereof, I have caused these
presents to be dispatched, signed by my hand, sealed with my privy
seal, and countersigned by my underwritten Counsellor of
State, and first Secretary for the department of State and of
War. Buen Retiro, the 10th day of December, 1762.
(Signed) I THE KING.
(And lower) Richard Wall