Document Information

Date: 1763-02-10
By: Kingdom of Great Britain, Kingdom of France, Spanish Empire
Citation: Treaty of Paris, 10 February 1763.
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A COLLECTION OF

TREATIES

OF

PEACE, ALLIANCE,

AND

COMMERCE,

BETWEEN

GREAT-BRITAIN

AND OTHER POWERS,

FROM THE

REVOLUTION in 1688, to the PRESENT TIME.

VOL. II.

From 1727 to 1771.

LONDON:

Printed for J. ALMON, Opposite Burlington-House, in Piccadilly.

MCCLXXII.

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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 to whom it shall or may in any manner belong:

It hath 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

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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 in all his Councils, and Minister and Secretary of State, and of his Commands and Finances; his Sacred Majesty the Catholic 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 Bed-Chamber 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,

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prejudice the union happily re-established, 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 1667, 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 1718; the treaty of peace of Vienna of 1738; the definitive treaty of Aix la Chapelle of 1748; and that of Madrid, between the crowns of Great-Britain and Spain, of 1750; as well as the treaties between the 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 guarantees 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

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ransom, six weeks, at latest, to be computed from the day of the exchange of the ratifications of the present treaty, each crown respectively paying the advances, which shall have been made for the subsistence 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 bona 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 gulf and river of St. Laurence, 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, islands, lands, 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

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will, in consequence, give the most precise and most effectual orders, that his new Roman Catholick subjects may profess the worship of their religion, according to the rites of the Romish Church, as far as the laws of Great-Britain permit. His Britannick Majesty further agrees, that the 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 gulf of St. Laurence:) And his Britannick Majesty consents to leave to the subjects of the Most Christian King, the liberty of fishing in the gulf of St. Laurence, 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 gulf of St. Laurence. And as to what relates to the fishery on the coasts of the island of Cape Breton, out of the said gulf, 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 gulf, shall remain on the foot of former treaties.

VI. The King of Great-Britain cedes the islands of St. Pierre and Miquelon, in full right, to his Most Christian Majesty, to serve as a shelter to the French fishermen;

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and his said Most Christian Majesty engages not to fortify the said islands; to erect no buildings upon them, but merely for the convenience of the fishery; and to keep upon them a guard of fifty men only for the police.

VII. In order to re-establish peace on solid and durable foundations, and to remove for ever all subject of dispute with regard to the limits of the British and French territories on the continent of America; it is agreed, that, for the future, the confines 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 further stipulated, that the vessels belonging to the subjects of either nation, shall not be stopped, visited, or subjected to the payment of any duty whatsoever. The stipulations, inserted in the IVth article, in favour of the inhabitants of Canada, shall also take place, with regard to the inhabitants of the countries ceded by this article.

VIII. The King of Great-Britain shall restore to France the islands of 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

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in the said islands, or those who shall have any commercial affairs to settle there, or in the other places restored to France by the present treaty, shall have liberty to sell their lands and their estates, to settle their affairs, to recover their debts, and to bring away their effects, as well as their persons; on board vessels, which they shall be permitted to send to the said islands, and other places restored as above, and which shall serve for this use only, without 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 shall have leave to go to the said islands and places restored to France, shall be limited, as well as the number of tons of each one; that they shall go in ballast; shall set sail at a fixed time; and shall make one voyage only, all the effects belonging to the English, being to be embarked at the same time. It has been further agreed, that his Most Christian Majesty shall cause the necessary passports to be given to the said vessels; that, for the greater security, it shall be allowed to place two French Clerks, or 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 entire property to Great-Britain, and that of St. Lucia shall

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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 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 Natal and Tapanoully, in the island of Sumatra, to be restored; he engages further, 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 Deccan; 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 be

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former treaties. The canal 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, Wesel, Gueldres, and of all the countries belonging to the King of Prussia, as with regard to the evacuations to be made by the British and French armies of the countries which they 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, bona 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 further engage, and promise to each other, not to furnish any succours, of any kind, to their respective allies, who shall continue engaged in the war in Germany.

XVI. The decision of the prizes made, in time of peace, by the subjects of Great-Britain, on the Spaniards, shall be referred to the Courts of justice of the Admiralty of Great-Britain, conformably to the rules established

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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 coast 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 Havana; and this fortress, as well as all the other fortresses of the said island, shall be restored in the same condition they were in when conquered by his Britannick Majesty’s arms; provided, that his Britannick Majesty’s subjects, who shall have settled in the said island, restored to Spain by the present treaty, or those who shall have any commercial affairs to settle there, shall have liberty to sell their 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 island restored as above, and which shall

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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 further 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

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liberty of the Catholick religion: he will consequently give the most express and the most effectual orders, that his new Roman Catholick subjects may profess the worship of their religion according to the rites of the Romish Church, as far as the laws of Great-Britain permit. His Britannick Majesty further agrees, that the Spanish inhabitants, or others who had been subjects of the Catholick King in the said countries, may retire, with all safety and freedom, wherever they think proper; and may sell their estates, provided it be to his Britannick Majesty’s subjects, and bring away their effects, as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts, or of criminal prosecutions: the term, limited for this emigration, being fixed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. It is moreover stipulated, that his Catholick Majesty shall have power to cause all the effects, that may belong to him, to be brought away, whether it be artillery 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 bona 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.

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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 Havana, with all that has been conquered in the island of Cuba, shall be restored three months after the exchange of the ratifications of the present treaty, or sooner if it can be done:

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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 bona fide, all the articles contained and settled in the present treaty; and they will not suffer the same to be infringed, directly or indirectly, by their respective subjects; and the said high contracting parties, generally and reciprocally, guaranty to each other all the stipulations of the present treaty.

XXVII. The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged in this City of Paris, between the high contracting parties, in the space of a month, or sooner if possible, to be computed from the day of the signature of the present treaty.

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

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have caused the seal of our arms to be put thereto: Done at Paris the tenth day of February, 1763.

Bedford, C. P. S. (L. S.)

Choiseul, Duc de Praslin. (L. S.)

El Marq. De Grimaldi. (L. S.)

Separate Articles

I. Some of the titles made use of by the contracting powers, either in the full powers, and other acts, during the course of the negotiation, 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 negotiation, 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 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, or in his act of accession.

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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. (L. S.)

Choiseul, Duc de Praslin. (L. S.)

El Marq. De Grimaldi. (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, Arch-Treasurer, 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 3d 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, Marquess of Tavistock, Baron Russel of Cheneys, Baron Russel of Thornhaugh, and Baron Howland of Streatham, Lieutenant-General 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

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appointed, as in 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, nor 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 re-establishing, 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 3d of November of the last year, laid the foundation of the peace re-established 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

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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 well-beloved 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, negotiate, 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

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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 forty-eighth. 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; Archduke of Austria; Duke of Burgundy, of Brabant, and of Milan; Count of Hapsburg, of Flanders, of Tirol, and of Barcelona; Lord of Biscay and of Molina, &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 Fontainebleau the 3d of November of the present year, and the respective ratifications thereof exchanged on the 22d of the same month, by Ministers authorized 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 before-mentioned 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,

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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 other like 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 Crowns and that of France on the one part, and that of England, and that of Portugal on the other; with the Ministers who shall be equally and specially authorized 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 tenth of December, 1762.

(Signed) I THE KING.

(And lower) Richard Wall.

Declaration of his most Christian Majesty’s Plenipotentiary, with regard to the Debts due to the Canadians.

THE King of Great Britain having desired, that the payment of the letters of exchange and bills, which had been delivered to the Canadians for the necessaries furnished to the French troops, should be secured, his most Christian Majesty, entirely disposed to render to every one that justice which is legally due to them, has declared, and does declare, that the said bills, and letters of exchange, shall be punctually paid, agreeably to a liquidation made in a convenient time, according to the distance of the places, and to what shall be possible, taking care, however, that, the bills and letters of exchange, which the French subjects may have at the time of this declaration, be not confounded with the bills and letters of exchange,

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which are in the possession of the new subjects of the King of Great Britain.

In witness whereof, we the underwritten Minister of his most Christian Majesty, duly authorized for this purpose, have signed the present declaration, and caused the Seal of our Arms to be put thereto.

Done at Paris the 10th of February, 1763.

(L. S.) Choiseul Duc de Praslin.

Declaration of his Britannick Majesty’s Ambassador Extraordinary and Plenipotentiary, with regard to the Limits of Bengal in the East Indies.

We the underwritten Ambassador Extraordinary and Plenipotentiary of the King of Great Britain, in order to prevent all subject of dispute on account of the limits of the Dominions of the Subah of Bengal, as well as of the Coast of Coromandel and Orixa, declare, in the Name and by order of his said Britannick Majesty, that the said Dominions of the Subah of Bengal shall be reputed not to extend farther than Yanaon exclusively, and that Yanaon shall be considered as included in the north part of the Coast of Coromandel or Orixa.

In witness whereof, we the underwritten Minister Plenipotentiary of his Majesty the King of Great Britain, have signed the present declaration, and have caused the Seal of our Arms to be put thereto.

Done at Paris the 10th of February, 1763.

(L. S.) Bedford, C. P. S.

Accession of his most Faithful Majesty.

In the Name of the Most Holy and Undivided Trinity, Father, Son, and Holy Ghost. So be it.

Be it known to all those to whom it shall, or may, belong; the Ambassadors and Flenipotentiaries of his Britannick Majesty, of his most Christian Majesty, and of his Catholick Majesty, having concluded and signed at Paris, the 10^th of February of this year, a definitive treaty of peace, and separate articles, the tenor of which is as follows.

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[Fiat Infertio.]

And the said Ambassadors and Plenipotentiaries having in a friendly manner invited the Ambassador and Minister Plenipotentiary of his most Faithful Majesty to accede thereto in the Name of his said Majesty; the underwritten Ministers Plenipotentiary, viz. On the part of the most serene and most potent Prince, George the Third, by the grace of God, King of Great-Britain, France, and Ireland, Duke of Brunswick and Lunenbourg, Arch-Treasurer, and Elector of the Holy Roman Empire, the most illustrious and most Excellent Lord, John Dule and Earl of Bedford, Marquess of Tavistock, &c. Minister of State to the King of Great Britain, Lieutenant-General of his forces, Keeper of his Privy Seal, Knight of the most noble order of the Garter, and his Ambassador Extraordinary and Plenipotentiary to his most Christian Majesty; and on the part of the most Serene and most Potent Prince, Don Joseph the first, by the Grace of God, King of Portugal and of the Algarves, the most Illustrious and most Excellent Lord, Martin de Mello and Castro, Knight professed of the Order of Christ, of his most Faithful Majesty’s Council, and his Ambassador and Minister Plenipotentiary to his most Christian Majesty, in virtue of their full powers, which they have communicated to each other, and of which copies shall be added at the end of the present act, have agreed upon what follows; viz. His most Faithful Majesty desiring most sincerely to concur in the speedy re-establishment of peace, accedes, in virtue of the present act, to the said definitive treaty and separate articles, as they are above transcribed, without any reserve or exception, in the firm confidence that every thing that is promised to his said Majesty, will be bona fide fulfilled, declaring at the same time, and promising to fulfill, with equal fidelity, all the articles, clauses, and conditions, which concern him. On his side, his Britannick Majesty accepts the present accession of his most Faithful Majesty, and promises likewise to fulfill, without any reserve or exception, all the articles, clauses, and conditions contained

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in the said definitive treaty and separate articles above inserted. The ratifications of the present treaty shall be exchanged in the space of one month, to be computed from this day, or sooner if it can be done.

In witness whereof, we, Ambassadors and Ministers Plenipotentiary of his Britannick Majesty, and of his most Faithful Majesty, have signed the present act, and have caused the seal of our arms to be put thereto.

Done at Paris, the 10^th of February 1763.

Bedford, C. P. S. (L. S.)

De Mello et Castro. (L. S.)

His most faithful Majesty’s full Power.

DON Joseph, by the grace of God, King of Portugal, and of the Algarves, on this side the Sea, and on that side in Africa. Lord of Guinea, and of the conquest, navigation, commerce of Ethiopa, Arabia, Persia, and India, &c. I make known to those who shall see these my letters Patent, that desiring nothing more than to see the flame of war, which has raged so many years in all Europe, extinguished, and to co-operate (as far as depends upon me) towards its being succeeded by a just peace, established upon solid principles: and being informed, the great part of the belligerent powers entertain the same pacifick dispositions, I am to nominate a person, to assist, in my name, at the assemblishes and conferences to be held upon his important business, who, by his nobility, prudence and dexterity, is worthy of my confidence: whereas these several qualities concur in Martin de Mello de Castro, of my council, and my Envoy Extraordinary and Plenipotentiary to the Court of London; and as from the experience I have, that he has always served me to my satisfaction, in every thing I have charged him with, relying, that I shall, from henceforward, have fresh cause for the confidence I have placed in him, I nominate and constitute him my Ambassador and Plenipotentiary, in order that he may, as such, assist, in my name, at any congresses, assemblies, or conferences, as well publick, as private, in which the business of pacification may be treated: necotiation and agreeing with the

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Ambassadors and Plenipotentiaries of the said belligerent powers, whatever may relate to the said peace; and concluding what he shall negociate between me and any belligerent Kings and princes, under the conditions he shall stipulate in my Royal Name: therefore, for the above purposes, I grant him all the full powers and authority, general and special, which may be necessary; and I promise, upon the faith and word of a King, that I will acknowledge to be firm and valid, and will ratify within the time agreed upon, whatever shall be contracted and stipulated by my said Ambassador and Plenipotentiary, with the aforesaid Ambassadors and Ministers of the belligerent Kings and Princes, who shall be furnished by them with equal powers: In witness whereof, I have ordered these presents to be made out, signed by myself, sealed with the Seal of my Arms thereunto affixed, and countersigned by my Secretary and Minister of State for foreign affairs and war. Given at the Palace of our Lady of Ajuda, the eighteenth day of September, of the year from the Birth of our Lord Jesus Christ, 1762.

THE KING.

(Locus Sigilli Pendentis.) Don Lewis da Cunha.

Letters Patent whereby your Majesty is pleased to nominate Marin de Mello de Castro to be your Ambassador and Plenipotentiary for the negotiation and conclusion of peace, in the form above set forth.

For your Majesty’s Inspection.

Declaration of his most Faithful Majesty’s Ambassador and Minister Plenipotentiary, with regard to alternating with Great Britain and France.

WHEREAS on the conclusion of the negotiation of the definitive treaty, signed at Paris this 10^th day of February, a difficulty arose as to the order of signing, which might have retarded the conclusion of the said treaty. We the underwritten, Ambassador and Minister Plenipotentiary of his most Faithful Majesty, declare, that the alternative observed, on the part of the King of Great Britain, and the most Christian King, with the most

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Faithful King, in the act of accession of the court of Portugal, was granted by their Britannick and most Christian Majesties, solely with a view to accelerate the conclusion of the definitive treaty, and by that means, the more speedily to consolidate so important and so salutary a work; and that this complaisance of their Britannick and most Christian Majesties shall not be made any precedent for the future; the court of Portugal shall not alledge it as an example in their favour; shall derive therefrom no right, title, or pretension, for any cause, or under any pretence whatsoever.

In witness whereof, We, Ambassador and Minister Plenipotentiary of his most Faithful Majesty, duly authorized for this purpose, have signed the present declaration, and have caused the seal of our arms to be put thereto.

Done at Paris, the 10^th of February, 1763.

Martin de Mello et Castro.

(L. S.)