rations of the army, or whoever hall by any other means give fuch intelligence to the enemy, fhall be immediately hanged; or whoever is found to affault or ill treat any perfon in the French army, fhall fuffer the fame punishment: and that every village where the bell is rang to apprize the enemy of our approach, or wherever the French troops fhall be attacked, without one hour's previous notice given to their commander, fhall be totally burnt; and the chief officer from the regency of fuch village or diftrict fhall be feverely punished, befides a fufficient fum which fhall be levied upon the eftates of Hanover and Brunfwick, to indemnify the troops of his moft Chriftian majefty for their damage therein. VI. The officers of the regency fhall cause these orders to be affixed and published in the moft public places of the country, and be diligent in caufing all perfons under their directions to provide the neceffary contributions, forage, and carriages, repair the roads, and in general to be obedient to the de'mands of his moft Chriftian majefty's officers, in default of which to have their houfes pillaged and levelled to the ground. For the due execution of these orders, the officers of the regency may be affifted with his moft Chrif tian majefty's troops, and by a perfect compliance therewith, they may depend upon our protection. Done at the head quarters, Sep. 8, 1761. Signed, LeMarechal Duc de Broglio. HEADS of the family convention of the house of Bourbon. TERSAILLES, Dec. 24. The treaty of friendship and anion which the king concluded with the king of Spain on the 15th of Aug 1761, under the denomination of a family convention, the ratifications of which were exchanged on the 8th of September following, is to be printed agreeable to the intention of their majefties: mean while it hath been thought proper to publish the following faithful abftract of it. The preamble fets forth the motives for concluding the treaty, and the objects of it. The motives are, the ties of blood between the two kings, and the fentiments they entertain for each other. The object of it is to give ftability and permanency to thofe duties, which naturally flow from affinity and friendfhip, and to establish a folemn and latting monument of that reciprocal interest, which ought to be the bafis of the defires of the two monarchs, and of the profperity of their royal families. The treaty itfelf contains twentyeight articles. 1. Both kings will, for the future, look upon every power as their enemy, that becomes the enemy of either. 2. Their majefties reciprocally guaranty all their dominions, in whatever part of the world they be fituated; but they exprefsly ftipulate that this guaranty fhall extend only to thofe dominions, refpectively, of which the two crowns fhallbe in poffeffion, the moment they are at peace with all the world. 3. The two kings extend their guaranty to the king of the Two Sicilies and the infant duke of Pårma, on condition that thefe two princes guaranty the dominions of their moft Chriftian and Catholic majefties. 4. Though this mutual inviolable guaranty is to be fupported with all the forces of the two kings, their majefties majefties have thought proper to fix the fuccours, which are to be first furnished. 5, 6, 7. These articles determine the quality and quantity of thefe firft fuccours, which the power required engages to furnish the power requiring. Thefe fuccours confift of thips and frigates of war, and of land forces both horfe and foot. Their number is determined, and the pofts and stations to which they are to repair. 8. The war in which France fhall be involved in confequence of her engagements by the treaty of Weft phalia, or other alliances with the princes and ftates of Germany and the North, are excepted from the cafes in which Spain is bound to furnifa fuccours to France, unless fome maritime power take part in those wars, or France be attacked by land in their own country. 9. The potentate requiring may fend one or more commiffaries, to fee whether the potentate required hath affembled the ftipulated fuccours within the limited time. 10, 11. The potentate required fhall be at liberty to make only one reprefentation on the ufe to be made of the fuccours furnished to the potentate requiring: this, how ever, is to be understood only of cafes where an enterprize is to be carried into immediate execution; and not of ordinary cafes, where the power that is to furnish the fuccours is obliged only to hold them in readiness in that part of his dominions which the power requiring fhall appoint. 12, 13. The demand of fuccours fhall be held a fufficient proof, on one hand, of the neceffity of receiving them; and on the other, of the obligation to give them. The furnishing of them fhall not, therefore, be evaded under any pretext; and without entering into any difcuffion, the ftipulated number of fhips and land forces fhall, three months after requifition, be confidered as belonging to the potentate requiring. 14, 15. The charges of the faid fhips and troops fhall be defrayed by the power to which they are fent: and the power who fends them, fhall hold ready other fhips to replace thofe which may be loft by accidents of the feas or of war; and alfo the neceffary recruits and preparations for the land forces. 16. The fuccours above ftipulated fhall be confidered as the leaft that either of the two monarchs fhall be at liberty to furnish to the other; but as it is their intention that a war declared againft either, fhall be regarded as perfonal by the other; they agree, that when they happen to be both engaged in war against the fame enemy, or enemies, they will wage it jointly with their whole forces; and that in fuch cafes they will enter into a particuler convention, fuited to circumftances, and fettle, as well the refpective and reciprocal efforts to be made, as their political and military plans of operations, which fhall be executed by common confent and with perfect agreement. 17, 18. The two powers reciprocally and formally engage, not to liften to, nor to make, any propofals of peace to their common enemies, but by mutual confent; and, in time of peace, as well as in time of war, to confider the interests of the allied crown as their own; to compenfate their refpective loffes and advantages, and to act as if the [7]4 two two monarchies formed only one and the fame power. 19, 20. The king of Spain contracts for the king of the Two Sicilies, the engagements of this treaty, and promifes to caufe it to be ratified by that prince; provided that the proportion of the fuccours to be furnished by his Sicilian majefty, fhall be fettled in proportion to his power. The three monarchs engaged to fupport, on all occafions, the dignity and rights of their houfe, and those of all the princes defcended from it. 21, 22. No other power but thofe of the auguft houfe of Bourbon fhall be inferted, or admitted to accede, to the prefent treaty. Their refpective fubjects and dominions fhall participate in the connection and advantages fettled between the fovereigns, and fhall not do or undertake any thing contrary to the good understanding fubfifting be tween them. 23. The Droit d'Aubaine fhall be abolished in favour of the fubjects of their Catholic and Sicilian majefties, who fhall enjoy in France the fame privileges as the natives. The French fhall likewife be treated in Spain and the two Sicilies, as the natural born fubjects of thefe 4wo monarchies. 21. The fubjects of the three fovereigns fhall enjoy, in their refpective dominions in Europe, the fame privileges and exemptions as the natives. 25. Notice fhall be given to the powers, with whom the three contracting monarchs have already con'cluded, or fhall hereafter conclude, 'treaties of commerce, that the treat-rent of the French in Spain and the Two Sicilies, of the Spaniards in France and the two Sicilies, and of the Sicilians in France and Spain, fhall not be cited nor ferve as a precedent; it being the intention of their moft Chriftian, Catholic, and Sicilian majefties, that no other nation fhall participate in the advan. tages of their respective fubjects. 26. The contracting parties fhall reciprocally difclofe to each other their alliances and negotiations, efpecially when they have reference to their common interefts; and their ministers at all the courts of Europe fhall live in the greatest harmony and mutual confidence. 27. This article contains only a ftipulation concerning the ceremo nial to be obferved between the minifters of France and Spain, with regard to precedency at foreign courts. 28. This contains a promife to ratify the treaty. Such is, in fubftance, the treaty in queftion. No feparate or fecret article is added to it. The ftipulations of it cannot prejudice any other power. The object of the reciprocal guaranty is only thofe dominions of which the contracting powers fhall be in poffeflion at the epoch of a general peace. In fhort, all the conditions and claufes of this treaty in which England is neither named, nor even defigned, have not the leaft connection with the origin, the object, or the events of the prefent war. The king of Spain, to give a public teftimony of the fatisfaction he received from the conclufion of this family convention, has created the duke de Choifeul, who laboured with fo much zeal to accomplish this great work, a grandee of Spain, and a knight of the golden fleece: From 1 From the London Gazette. Translation of a note delivered to the earl of Egremont, by the count de Fuentes, December 25, 1761. HE count de Fuentes, the Ca fwering on the treaty in queftion between his Catholic majefty and his moft Chriftian majefty, which is believed to have been figned the 15th of Auguft, and wherein, it is pre Ttholic king's ambasador to tended, there are conditions relative his Britannic majefty, has juft received a courier from his court, by whom he is informed, that my lord Bristol, his Britannic majefty's amballador at the court of Madrid, has faid to his excellency Mr. Wall, minifter of ftate, that he had orders to demand a pofitive and categorical anfwer to this queftion, viz. If Spain thinks of allying herfelf with France against England?'And to declare, at the fame time, that he should take a refufal to his demand, for an aggreffion and declaration of war, and that he should, in confequence, be obliged to retire from the court of Spain. The above minifter of ftate anfwered him, that fuch a step could only be fuggefted by the spirit of haughtinefs, and of difcord, which, for the misfortune of mankind, ftill reigns but too much in the British government; that it was in that very moment that the war was declared; and the king's dignity violently attack ed, and that he might retire how, or when he should think proper. The count de Fuentes is, in confequence, ordered to leave the court and the dominions of England, and to declare to the British king, to the English nation, and to the whole univerfe, that the horrors into which the Spanish and English nations are going to plunge themfelves, must be attributed only to the pride, and to the unmeaftrable ambition, of him who has held the reins of the government, and who, appears still to hold them, although by another hand: that, if his Catholic majefty excufed himfelf from an to England, he had very good reafons; firft, the king's dignity required him to manifest his juft refentment of the little management, or to speak more properly, of the infulting manner with which all the affairs of Spain have been treated during Mr. Pitt's adminiftration, who, finding himself convinced of the juftice which fupported the king in his pretenfions, his ordinary and last anfwer was, that he would not relax in any thing till the Tower of London was taken fword in hand. Befides, his majefty was much fhocked to hear the haughty and imperious tone with which the con tents of the treaty were demanded of him: if the refpect due to royal majefty had been regarded, explanations might have been had without any difficulty: the minifters of Spain might have faid frankly to thofe of England, what the count de. Fuentes, by the king's exprefs order declares publickly, viz. That the faid treaty is only a convention between the family of Bourbon, wherein there is nothing that has the least relation to the prefent war : that there is in it an article for the mutual guaranty of the dominions of the two fovereigns; but it is fpecified therein, that the guaranty is not to be underftood but of the dominions which hall remain to France after the prefent war fhall be ended; that, altho' his Catholic majefty might have had reafon to think himself offended by the irregular manner in which the memorial was returned to M. Buffy, minifter of France, which he had pre feated fented for terminating the differences of Spain and England, at the fame time with the war between this laft and France; he has, however, diffembled, and, from an effect of his love of peace, caufed a memorial to be delivered to my lord Bristol, wherein it is evidently demonftrated, that the ftep of France, which put the minifter Pitt into fo bad humour, did not at all offend either the laws of neutrality, or the fincerity of the two fovereigns: that further, from a freth proof of his pacific fpirit, the king of Spain wrote to the king of France his coufin, that if the union of intereft in any manner retarded the peace with England, he confented to feparate himself from it, not to put any obstacle to fo great a happinefs: but it was foon feen that this was only a pretence on the part of the English minifter, for that of France continuing his negotiation without making any mention of Spain, and propofing conditions very advantageous and honourable for England, the minifter Pitt, to the great aftonifhment of the univerfe, rejected them with difdain, and fhewed at the fame time his illwill against Spain, to the fcandal of the fame British council; and unfortunately he has fucceeded but too far in his pernicious defign. This declaration made, the count de Fuentes defires his excellency my lord Egremont, to prefent his moft humble refpects to his Britannie majefty, and to obtain for him palfports, and all other facilities, for him, his family, and all his retinue, to go out of the dominions of Great Britain without any trouble, and to go by the fhort palage of the fea, which feparates them from the continent. Translation of the answer deliverea to the count de Fuentes, by the eari of Egremont, Dec. 31, 1761. T HE earl of Egremont, his Bri tannic majefty's fecretary of ftate, having received from his excellency the count de Fuentes, ambaffador of the Catholic king at the court of London, a paper, in which, befides the notification of his recal, and the demand of the neceffary paffports to go out of the king's do minions, he has thought proper to enter, into what has juft paffed between the two courts, with a view to make that of London appear as the fource of all the misfortunes which may enfue from the rupture which has happened in order that nobody. may be milled by the declaration which his excellency has been pleafed to make to the king, to the English nation, and the whole univerfe; notwithstanding the infinuation, as void of foundation as of decency, of the fpirit of haughtiness and of difcord, which, his excellency pretends, reigns in the British government, to the misfortune of mankind; and notwithstanding the irregularity and indecency of ap pealing to the English nation, as if it could be feparated from its king, for whom the most determined fentiments of love, of duty, and of confidence, are engraved in the hearts of all his fubjects; the faid earl of Egremont, by his majefty's order, laying afide, in this anfwer, all fpirit of declamation and of harthnefs, avoiding every offenfive word, which might hurt the dignity of fovereigns, without ftooping to invectives againft private perfons, will confine himself to facts with the moft fcrupulous exactnefs: and it is from this reprefentation of facts that he |
