The Treaty of Paris
Year: 1763
American State Papers
Kolbe Library
Kolbe Home
The 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.
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
3 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.
4 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:
5 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.
2 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.
3 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.
4 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
|