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, Csar
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, bon 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 t herein 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 g
uaranties 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, bon 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 bon 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 bon 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,
Csar 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
© 1997 The Avalon Project.