The Seven Years War was so-called because it lasted, in Europe from the year 1756 through 1763. Born of a long-time feud between England and France, the Seven Years War was sparked by the incidents that took place between both of those country's colonists on the North American continent. And although the North American theatre essentially came to a close with the capitulation of Canada to the English, there were some additional events, related to the so-called French & Indian War, that took place on North American soil prior to the final treaty in 1763.
England's King George II died of a heart attack on 25 October 1760. He was succeeded by his grandson, George III, who unabashedly disliked Prime Minister William Pitt the Elder, 1st Earl of Chatham. Their friction eventually led to Pitt's resignation in October 1761. He was replaced by the new king's favorite, John Stuart, 3rd Earl of Bute. France, in the meantime, saw a change in its Foreign Minister; Francois-Joachim de Pierre de Bernis, in losing favor with the French Court, lost his position to the Etienne-Francois, Duc de Choiseul.
During the autumn of 1761 General Jeffrey Amherst ordered an end to the giving of gifts to the Indian tribes who had allied themselves to the British Army. That included the suspension of providing ammunition to them. He incorrectly assumed that if the 'gifts' were denied them, the Indians would begin to engage in (European-style) barter and trade. The actual result was that the Indians were antagonized. The additional insult of the British maintaining garrisons of troops and allowing settlement by Euro-Americans throughout the Ohio Territory, after giving promises to withdraw those troops and evict the settlers, instilled resentment and anger in the Indians. The result was the Anglo-Cherokee War that erupted in 1763.
On 18 September 1762 the French made an attempt to recapture Newfoundland. The Duc de Choiseul devised the plan to capture Newfoundland, possibly to re-establish post-war fishing rights in the North Atlantic, but more immediately to intercept British fishing ships.
Two ships of the line along with two smaller frigates set out from the port of Brest in the Brittany region of northern France on 08 May 1762. The small fleet, under the command of Captain Charles-Henry-Louis de Arsac de Ternay carried a 750-man detachment of military led by Colonel Joseph-Louis-Bernard de Cleron d'Haussonville. It was headed for the Newfoundland village of St. Johns.
Newfoundland is an island to the east of the Canadian provinces of Quebec, New Brunswick and Nova Scotia, separated from those provinces by the Gulf of St. Lawrence. The village of St. John's was located on the east coast of Newfoundland. The village was situated midway along the north-west shore of St. John's Harbour. To the northeast of the village, along the north shore of the Harbour, stood Fort William, to the east of which stood Gibbet Hill. Farther to the east, where the land meets the Atlantic Ocean, rose Signal Hill. The tip of land on the opposite side of St. John's Harbour was known as Cahill Point. The Narrows was the name given to the part of St. John's Harbour where it emptied into the Atlantic Ocean. To the north of Signal Hill was a small village named Quidi Vidi, which was bastardized into Kitty Vitty. Quidi Vidi Lake lay to the north-west of the village of Quidi Vidi, emptying out into the Atlantic Ocean by way of a very narrow estuary, called the 'Gut'.
Colonel d'Haussonville's army arrived at Bay Bulls, about twenty miles south of St. John's on 23 June. They disembarked the following morning and marched toward St. John's.
Very little opposition was received from the Fort William garrison at St. John's, and the French took possession of it on 27 June.
In the meantime, Captain Ternay moved along the coast of Newfoundland and destroyed all the fisheries and villages he encountered. Also four hundred and sixty ships were destroyed or taken captive.
The governor of Newfoundland, Captain Thomas Graves, 1st Baron Graves, received notice of the French action and immediately sent messengers to notify General Jeffrey Amherst (Commander-in-Chief) who was at that time at New York and Lord Alexander Colvill (Commander of the North American Squadron) who was currently at Halifax, Nova Scotia. By the middle of July (some sources say the 15th, while others sources say the 20th), General Jeffrey Amherst was informed of the loss of Fort William at St. John's to the French. Amherst directed his own brother, Lieutenant Colonel William Amherst to prepare to launch an assault on the French.
Captain Graves had received his commission as governor of the British colony of Newfoundland just a year before, upon the death of then-governor, James Webb on 14 May 1761. Graves was, at that time, the captain of a number of warships employed in escorting merchant ships between Portugal and Great Britain. He had arrived at Plymouth on 18 March 1762, at the end of a successful Portugal to England run, and had just left the port at Plymouth when Captain Charles Douglas of the Siren, informed him that four French ships had arrived at St. John's. He changed course and headed for Newfoundland. The fortress at St. John's had already fallen, and various of the other garrisoned outposts along the Newfoundland coast had been destroyed, before Graves landed near Cape Race. He made his way to the outpost at Bois Island, reinforced the garrison there, and then moved on to reinforce the garrison at Placentia, which were the only two forts still in British hands.
Upon receiving notification, Lord Colvill left Halifax and arrived at Placentia on the 14th of August. Colvill and Graves joined their forces and moved on St. John's, establishing a blockade of St. John's Harbour and sinking a number of vessels in the 'Gut' at 'Kitty Vitty' to prevent any movement through that estuary.
Lieutenant Colonel William Amherst, aboard the James, traveled to Halifax (arriving there on 26 August), then on to Louisbourg, Cape Breton (arriving there on 05 September). On 07 September, Amherst, leading seven transport vessels, left Louisbourg and arrived on the 11th in Petty Harbor offshore from St. John's shortly after Colvill and Graves, bringing fifteen hundred soldiers that he had gathered from the garrisons at New York, Halifax and Louisbourg. The combined forces traveled northward and the soldiers were put ashore on 13 September at Torbay, about ten miles north of St. John's.
The British army was formed into battalions and marched southward about four miles over thickly wooded hilly terrain and swampy lowland until they were near Quidi Vidi, which Amherst, in his journal, called Kitty Vitty. At that point, a detachment of French troops fired on the British troops from the direction of Fort William. The British gave chase to the French, and while engaging in intermittent skirmishing, the French moved back to the fort, leaving the British to hold the ground between the fort and Quidi Vidi.
Concerned by the movements of the British fleet and the threat of a blockade, Captain Ternay convinced d'Haussonville to transfer the French grenadiers from Fort William, leaving only a skeleton force to wait for a British assault, at which time they could capitulate without loss of too many French lives. But the British blockade was established before the French could move out, so the grenadiers were disembarked and posted around the fort.
Amherst led his troops closer toward Fort William on the 14th of September, encountering a pocket of French soldiers positioned to the east of the fort on the rise known as Signal Hill. At dawn on the morning of 15 September, the British troops, led by Captain McDonald, stormed Signal Hill, taking the French by surprise. The British attack on Signal Hill forced the French grenadiers back into Fort William. Each side lost about thirty men during the fight.
Following the capture of Signal Hill, the British established a camp on Gibbet Hill. Their presence on the two promontories gave the British an advantage overlooking the Narrows of St. John's Harbour.
Captain Ternay held a council of war and again urged that the garrison abandon the fort. He was overruled by his officers, who voted to hold the fort as long as possible. But the ideal opportunity for the French to make an escape from Fort William presented itself on that evening of 15 September, when a thick fog moved in and strong easterly winds pushed the British ships out to sea. The French were able to embark on their ships and make their escape through the Narrows without being engaged by the British ships.
In anticipation of the French destroying the fortification before quitting it, Amherst sent the following letter to d'Haussonville on the 16th:
D'Haussonville responded with:
The fusiliers of the Regiment de la Marine and some grenadiers under the command of d'Haussonville had remained to hold Fort William. The British, in the meantime, set up a battery about five hundred yards from the fort and placed seven cohorns, six "Royals" and one eight-inch mortar to fire upon the fort. Through the evening and night of the 17th, they kept up a constant barrage until the following morning around sunrise, when a flag of truce could be seen waved above the walls.
On 18 September 1762, d'Haussonville asked for terms of surrender from Amherst.
The terms given by Amherst were initially not accepted by d'Haussonville, but after some more shelling by the British mortars, the French signalled the desire to capitulate. Amherst insisted that the French surrender as prisoners of war, and d'Haussonville accepted those terms. Major Sytherland, with the Royal and 45th Grenadiers and the Royal and Montgomery's Light Infantry Companies, took possession of the fort in the afternoon of the 18th, and received the weapons of the defeated Frenchmen.
The French prisoners, numbering seven hundred and seventy, were loaded onto the James and the Fanny and left St. John's Harbour, heading for France, on 24 September 1762.
With the changes in the ministries of both, Great Britain and France, came a change in the attitude toward continuing the war. The initial negotiations in the Fall of 1761 were a dismal failure, but they resumed in September of 1762, and within five months bore fruit.
The Treaty of Paris, officially ending the Colonial phase of the Seven Years War, was signed on 10 February 1763.
On 15 February 1763 the Treaty of Hubertusburg was signed, ending the Austrian / German phase of the Seven Years War.
Following is a transcript of The definitive Treaty of Peace and Friendƒhip between his Britannick Majeƒty, the Moƒt Chriƒtian King, and the King of Spain. Concluded at Paris the 10th day of February, 1763. To which the King of Portugal acceded on the ƒame day.
| Article I | There ƒhall be a Chriƒtian, univerƒal, and perpetual peace, as well by ƒea as by land, and a ƒincere and conƒtant friendƒhip ƒhall be re-eƒtablished between their Britannick, Moƒt Chriƒtian, Catholick, and Moƒt Faithful Majeƒties, and between their heirs and ƒucceƒƒors, kingdoms, dominions, provinces, countries, ƒubjects, and vaƒƒals, of what quality or condition ƒoever they be, without exception of places or of perƒons: So that the high contracting parties ƒhall give the greateƒt attention to maintain between themƒelves and their ƒaid dominions and ƒubjects this reciprocal friendƒhip and correƒpondence, without permitting, on either ƒide, any kind of hoƒtilities, by ƒea or by land, to be committed from henceforth, for any cauƒe, or under any pretence whatƒoever, and every thing ƒhall be carefully avoided which might hereafter prejudice the union happily reeƒtablished, applying themƒelves, on the contrary, on every occaƒion, to procure for each other whatever may contribute to their mutual glory, intereƒts, and advantages, without giving any aƒƒiƒtance or protection, directly or indirectly, to thoƒe who would cauƒe any prejudice to either of the high contracting parties: there ƒhall be a general oblivion of every thing that may have been done or committed before or ƒince the commencement of the war which is juƒt ended. | Article II | The treaties of Weƒtphalia of 1648; thoƒe 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 Ryƒwick of 1697; thoƒe 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, ƒerve as a baƒis and foundation to the peace, and to the preƒent treaty: and for this purpoƒe they are all renewed and confirmed in the beƒt form, as well as all the general, which ƒubƒiƒted between the high contracting parties before the war, as if they were inƒerted here word for word, ƒo that they are to be exactly obƒerved, for the future, in their whole tenor, and religiouƒly executed on all ƒides, in all their points, which ƒhall not be derogated from by the preƒent treaty, notwithƒtanding all that may have been ƒtipulated to the contrary by any of the high contracting parties: and all the ƒaid parties declare, that they will not ƒuffer any privilege, favour, or indulgence to ƒubƒiƒt, contrary to the treaties above confirmed, except what ƒhall have been agreed and ƒtipulated by the preƒent treaty. | Article III | All the priƒoners made, on all ƒides, as well by land as by ƒea, and the hoƒtages carried away or given during the war, and to this day, ƒhall be reƒtored, without ranƒom, ƒix weeks, at leaƒt, to be computed from the day of the exchange of the ratification of the preƒent treaty, each crown reƒpectively paying the advances which ƒhall have been made for the ƒubƒiƒtance and maintenance of their priƒoners by the Sovereign of the country where they ƒhall have been detained, according to the atteƒted receipts and eƒtimates and other authentic vouchers which ƒhall be furniƒhed on one ƒide and the other. And ƒecurities ƒhall be reciprocally given for the payment of the debts which the priƒoners ƒhall have contracted in the countries where they have been detained until their entire liberty. And all the ƒhips of war and merchant veƒƒels Which ƒhall have been taken ƒince the expiration of the terms agreed upon for the ceƒƒation of hoƒtilities by ƒea ƒhall likewiƒe be reƒtored, bon fide, with all their crews and cargoes: and the execution of this article ƒhall be proceeded upon immediately after the exchange of the ratifications of this treaty. | Article IV | His Moƒt Chriƒtian Majeƒty renounces all pretenƒions 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 Moƒt Chriƒtian Majeƒty cedes and guaranties to his ƒaid Britannick Majeƒty, in full right, Canada, with all its dependencies, as well as the iƒland of Cape Breton, and all the other iƒlands and coaƒts in the gulph and river of St. Lawrence, and in general, every thing that depends on the ƒaid countries, lands, iƒlands, and coaƒts, with the ƒovereignty, property, poƒƒeƒƒion, and all rights acquired by treaty, or otherwiƒe, which the Moƒt Chriƒtian King and the Crown of France have had till now over the ƒaid countries, lands, iƒlands, places, coaƒts, and their inhabitants, ƒo that the Moƒt Chriƒtian King cedes and makes over the whole to the ƒaid King, and to the Crown of Great Britain, and that in the moƒt ample manner and form, without reƒtriction, and without any liberty to depart from the ƒaid ceƒƒion and guaranty under any pretence, or to diƒturb Great Britain in the poƒƒeƒƒions above mentioned. His Britannick Majeƒty, on his ƒide, agrees to grant the liberty of the Catholick religion to the inhabitants of Canada: he will, in conƒequence, give the moƒt preciƒe and moƒt effectual orders, that his new Roman Catholic ƒubjects may profeƒs the worƒhip of their religion according to the rites of the Romiƒh church, as far as the laws of Great Britain permit. His Britannick Majeƒty farther agrees, that the French inhabitants, or others who had been ƒubjects of the Moƒt Chriƒtian King in Canada, may retire with all ƒafety and freedom wherever they ƒhall think proper, and may ƒell their eƒtates, provided it be to the ƒubjects of his Britannick Majeƒty, and bring away their effects as well as their perƒons, without being reƒtrained in their emigration, under any pretence whatƒoever, except that of debts or of criminal proƒecutions: The term limited for this emigration ƒhall be fixed to the ƒpace of eighteen months, to be computed from the day of the exchange of the ratification of the preƒent treaty. | Article V | The ƒubjects of France ƒhall have the liberty of fiƒhing and drying on a part of the coaƒts of the iƒland of Newfoundland, ƒuch as it is ƒpecified in the XIIIth article of the treaty of Utrecht; which article is renewed and confirmed by the preƒent treaty, (except what relates to the iƒland of Cape Breton, as well as to the other iƒlands and coaƒts in the mouth and in the gulph of St. Lawrence:) And his Britannick Majeƒty conƒents to leave to the ƒubjects of the Moƒt Chriƒtian King the liberty of fiƒhing in the gulph of St. Lawrence, on condition that the ƒubjects of France do not exerciƒe the ƒaid fiƒhery but at the diƒtance of three leagues from all the coaƒts belonging to Great Britain, as well thoƒe of the continent as thoƒe of the iƒlands ƒituated in the ƒaid gulph of St. Lawrence. And as to what relates to the fiƒhery on the coaƒts of the iƒland of Cape Breton, out of the ƒaid gulph, the ƒubjects of the Moƒt Chriƒtian King ƒhall not be permitted to exerciƒe the ƒaid fiƒhery but at the diƒtance of fifteen leagues from the coaƒts of the iƒland of Cape Breton; and the fiƒhery on the coaƒts of Nova Scotia or Acadia, and every where elƒe out of the ƒaid gulph, ƒhall remain on the foot of former treaties. | Article VI | The King of Great Britain cedes the iƒlands of St. Pierre and Macquelon, in full right, to his Moƒt Chriƒtian Majesty, to ƒerve as a ƒhelter to the French fiƒhermen; and his ƒaid Moƒt Chriƒtian Majeƒty engages not to fortify the ƒaid iƒlands; to erect no buildings upon them but merely for the conveniency of the fiƒhery; and to keep upon them a guard of fifty men only for the police. | Article VII | In order to reeƒtabliƒh peace on ƒolid and durable foundations, and to remove for ever all ƒubject of diƒpute with regard to the limits of the Britiƒh and French territories on the continent of America; it is agreed, that, for the future, the confines between the dominions of his Britannick Majeƒty and thoƒe of his Moƒt Chriƒtian Majeƒty, in that part of the world, ƒhall be fixed irrevocably by a line drawn along the middle of the River Miƒƒiƒƒippi, from its ƒource 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 ƒea; and for this purpoƒe, the Moƒt Chriƒtian King cedes in full right, and guaranties to his Britannick Majeƒty the river and port of the Mobile, and every thing which he poƒƒeƒƒes, or ought to poƒƒeƒs, on the left ƒide of the river Miƒƒiƒƒippi, except the town of New Orleans and the iƒland in which it is ƒituated, which ƒhall remain to France, provided that the navigation of the river Miƒƒiƒƒippi ƒhall be equally free, as well to the ƒubjects of Great Britain as to thoƒe of France, in its whole breadth and length, from its ƒource to the ƒea, and expreƒƒly that part which is between the ƒaid iƒland of New Orleans and the right bank of that river, as well as the paƒƒage both in and out of its mouth: It is farther ƒtipulated, that the veƒƒels belonging to the ƒubjects of either nation ƒhall not be stopped, viƒited, or ƒubjected to the payment of any duty whatƒoever. The ƒtipulations inƒerted in the IVth article, in favour of the inhabitants of Canada ƒhall alƒo take place with regard to the inhabitants of the countries ceded by this article. | Article VIII | The King of Great Britain ƒhall reƒtore to France the iƒlands of Guadeloupe, of Mariegalante, of Deƒirade, of Martinico, and of Belleiƒle; and the fortreƒƒes of theƒe iƒlands ƒhall be reƒtored in the ƒame condition they were in when they were conquered by the Britiƒh arms, provided that his Britannick Majeƒty's ƒubjects, who ƒhall have ƒettled in the ƒaid iƒlands, or thoƒe who ƒhall have any commercial affairs to ƒettle there or in other places reƒtored to France by the preƒent treaty, ƒhall have liberty to ƒell their lands and their eƒtates, to ƒettle their affairs, to recover their debts, and to bring away their effects as well as their perƒons, on board veƒƒels, which they ƒhall be permitted to ƒend to the ƒaid iƒlands and other places reƒtored as above, and which ƒhall ƒerve for this uƒe only, without being reƒtrained on account of their religion, or under any other pretence whatƒoever, except that of debts or of criminal proƒecutions: and for this purpoƒe, the term of eighteen months is allowed to his Britannick Majeƒty's ƒubjects, to be computed from the day of the exchange of the ratifications of the preƒent treaty; but, as the liberty granted to his Britannick Majeƒty's ƒubjects, to bring away their perƒons and their effects, in veƒƒels of their nation, may be liable to abuƒes if precautions were not taken to prevent them; it has been expreƒƒly agreed between his Britannick Majeƒty and his Moƒt Chriƒtian Majeƒty, that the number of Engliƒh veƒƒels which have leave to go to the ƒaid iƒlands and places reƒtored to France, ƒhall be limited, as well as the number of tons of each one; that they ƒhall go in ballaƒt; ƒhall ƒet ƒail at a fixed time; and ƒhall make one voyage only; all the effects belonging to the Engliƒh being to be embarked at the ƒame time. It has been farther agreed, that his Moƒt Chriƒtian Majeƒty ƒhall cauƒe the neceƒƒary paƒƒports to be given to the ƒaid veƒƒels; that, for the greater ƒecurity, it ƒhall be allowed to place two French clerks or guards in each of the ƒaid veƒƒels, which ƒhall be viƒited in the landing places and ports of the ƒaid iƒlands and places reƒtored to France, and that the merchandize which ƒhall be found therein ƒhall be confiƒcated. | Article IX | The Moƒt Chriƒtian King cedes and guaranties to his Britannick Majeƒty, in full right, the iƒlands of Grenada, and the Grenadines, with the ƒame ƒtipulations in favour of the inhabitants of this colony, inƒerted in the IVth article for thoƒe of Canada: And the partition of the iƒlands called neutral, is agreed and fixed, ƒo that thoƒe of St. Vincent, Dominico, and Tobago, ƒhall remain in full right to Great Britain, and that of St. Lucia ƒhall be delivered to France, to enjoy the ƒame likewiƒe in full right, and the high contracting parties guaranty the partition ƒo ƒtipulated. | Article X | His Britannick Majeƒty ƒhall reƒtore to France the iƒland of Goree in the condition it was in when conquered: and his Moƒt Chriƒtian Majeƒty cedes, in full right, and g uaranties to the King of Great Britain the river Senegal, with the forts and factories of St. Lewis, Podor, and Galam, and with all the rights and dependencies of the ƒaid river Senegal. | Article XI | In the Eaƒt Indies Great Britain ƒhall reƒtore to France, in the condition they are now in, the different factories which that Crown poƒƒeƒƒed, as well as on the coaƒt of Coromandel and Orixa as on that of Malabar, as alƒo in Bengal, at the beginning of the year 1749. And his Moƒt Chriƒtian Majeƒty renounces all pretenƒion to the acquiƒitions which he has made on the coaƒt of Coromandel and Orixa ƒince the ƒaid beginning of the year 1749. His Moƒt Chriƒtian Majeƒty ƒhall reƒtore, on his ƒide, all that he may have conquered from Great Britain in the Eaƒt Indies during the preƒent war; and will expreƒƒly cauƒe Nattal and Tapanoully, in the iƒland of Sumatra, to be reƒtored; 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 preƒerve future peace on the coaƒt of Coromandel and Orixa, the Engliƒh and French ƒhall acknowledge Mahomet Ally Khan for lawful Nabob of the Carnatick, and Salabat Jing for lawful Subah of the Decan; and both parties ƒhall renounce all demands and pretenƒions of ƒatiƒfaction with which they might charge each other, or their Indian allies, for the depredations or pillage committed on the one ƒide or on the other during the war. | Article XII | The iƒland of Minorca ƒhall be reƒtored to his Britannick Majeƒty, as well as Fort St. Philip, in the ƒame condition they were in when conquered by the arms of the Moƒt Chriƒtian King; and with the artillery which was there when the ƒaid iƒland and the ƒaid fort were taken. | Article XIII | The town and port of Dunkirk ƒhall be put into the ƒtate fixed by the laƒt treaty of Aix la Chapelle, and by former treaties. The Cunette ƒhall be deƒtroyed immediately after the exchange of the ratifications of the preƒent treaty, as well as the forts and batteries which defend the entrance on the ƒide of the ƒea; and proviƒion ƒhall be made at the ƒame time for the wholeƒomeneƒs of the air, and for the health of the inhabitants, by ƒome other means, to the ƒatiƒfaction of the King of Great Britain. | Article XIV | France ƒhall reƒtore all the countries belonging to the Electorate of Hanover, to the Landgrave of Heƒƒe, to the Duke of Brunƒwick, and to the Count of La Lippe Buckebourg, which are or ƒhall be occupied by his Moƒt Chriƒtian Majeƒty's arms: the fortreƒƒes of theƒe different countries ƒhall be reƒtored in the ƒame condition they were in when conquered by the French arms; and the pieces of artillery, which ƒhall have been carried elƒewhere, ƒhall be replaced by the ƒame number, of the ƒame bore, weight and metal. | Article XV | In caƒe the ƒtipulations contained in the XIIIth article of the preliminaries ƒhould not be compleated at the time of the ƒignature of the preƒent treaty, as well with regard to the evacuations to be made by the armies of France of the fortreƒƒes of Cleves, Wezel, Guelders, and of all the countries belonging to the King of Pruƒƒia, as with regard to the evacuations to be made by the Britiƒh and French armies of the countries which they occupy in Weƒtphalia, 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 reƒpective Sovereigns: their Britannick and Moƒt Chriƒtian Majeƒties promiƒe to proceed, bon fide, with all the diƒpatch the caƒe will permit of to the ƒaid evacuations, the entire completion whereof they ƒtipulate before the 15th of March next, or ƒooner if it can be done; and their Britannick and Moƒt Chriƒtian Majeƒties farther engage and promiƒe to each other, not to furniƒh any ƒuccours of any kind to their reƒpective allies who ƒhall continue engaged in the war in Germany. | Article XVI | The deciƒion of the prizes made in time of peace by the ƒubjects of Great Britain, on the Spaniards, ƒhall be referred to the Courts of Juƒtice of the Admiralty of Great Britain, conformably to the rules eƒtabliƒhed among all nations, ƒo that the validity of the ƒaid prizes, between the Britiƒh and Spaniƒh nations, ƒhall be decided and judged, according to the law of nations, and according to treaties, in the Courts of Juƒtice of the nation who ƒhall have made the capture. | Article XVII | His Britannick Majeƒty ƒhall cauƒe to be demoliƒhed all the fortifications which his ƒubjects ƒhall 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 preƒent treaty; and his Catholick Majeƒty ƒhall not permit his Britannick Majeƒty's ƒubjects, or their workmen, to be diƒturbed or moleƒted under any pretence whatƒoever in the ƒaid places, in their occupation of cutting, loading, and carrying away logwood; and for this purpoƒe, they may build, without hindrance, and occupy, without interruption, the houƒes and magazines neceƒƒary for them, for their families, and for their effects; and his Catholick Majeƒty aƒƒures to them, by this article, the full enjoyment of thoƒe advantages and powers on the Spaniƒh coaƒts and territories, as above ƒtipulated, immediately after the ratification of the preƒent treaty. | Article XVIII | His Catholick Majeƒty deƒiƒts, as well for himƒelf as for his ƒucceƒƒors, from all pretenƒion which he may have formed in favour of the Guipuƒcoans, and other his ƒubjects, to the right of fiƒhing in the neighbourhood of the iƒland of Newfoundland. | Article XIX | The King of Great Britain ƒhall reƒtore to Spain all the territory which he has conquered in the iƒland of Cuba, with the fortreƒs of the Havannah; and this fortreƒs, as well as all the other fortreƒƒes of the ƒaid iƒland, ƒhall be reƒtored in the ƒame condition they were in when conquered by his Britannick Majeƒty's arms, provided that his Britannick Majeƒty's ƒubjects who ƒhall have ƒettled in the ƒaid iƒland, reƒtored to Spain by the preƒent treaty, or thoƒe who ƒhall have any commercial affairs to ƒettle there, ƒhall have liberty to ƒell their lands and their eƒtates, to ƒettle their affairs, recover their debts, and to bring away their effects, as well as their perƒons, on board veƒƒels which they ƒhall be permitted to ƒend to the ƒaid iƒland reƒtored as above, and which ƒhall ƒerve for that uƒe only, without being reƒtrained on account of their religion, or under any other pretence whatƒoever, except that of debts or of criminal proƒecutions: And for this purpoƒe, the term of eighteen months is allowed to his Britannick Majeƒty's ƒubjects, to be computed from the day of the exchange of the ratifications of the preƒent treaty: but as the liberty granted to his Britannick Majeƒty's ƒubjects, to bring away their perƒons and their effects, in veƒƒels of their nation, may be liable to abuƒes if precautions were not taken to prevent them; it has been expreƒƒly agreed between his Britannick Majeƒty and his Catholick Majeƒty, that the number of Engliƒh veƒƒels which ƒhall have leave to go to the ƒaid iƒland reƒtored to Spain ƒhall be limited, as well as the number of tons of each one; that they ƒhall go in ballaƒt; ƒhall ƒet ƒail at a fixed time; and ƒhall make one voyage only; all the effects belonging to the Engliƒh being to be embarked at the ƒame time: it has been farther agreed, that his Catholick Majeƒty ƒhall cauƒe the neceƒƒary paƒƒports to be given to the ƒaid veƒƒels; that for the greater ƒecurity, it ƒhall be allowed to place two Spaniƒh clerks or guards in each of the ƒaid veƒƒels, which ƒhall be viƒited in the landing places and ports of the ƒaid iƒland reƒtored to Spain, and that the merchandize which ƒhall be found therein ƒhall be confiƒcated. | Article XX | In conƒequence of the reƒtitution ƒtipulated in the preceding article, his Catholick Majeƒty cedes and guaranties, in full right, to his Britannick Majeƒty, Florida, with Fort St. Auguƒtin, and the Bay of Penƒacola, as well as all that Spain poƒƒeƒƒes on the continent of North America, to the Eaƒt or to the South Eaƒt of the river Miƒƒiƒƒippi. And, in general, every thing that depends on the ƒaid countries and lands, with the ƒovereignty, property, poƒƒeƒƒion, and all rights, acquired by treaties or otherwiƒe, which the Catholick King and the Crown of Spain have had till now over the ƒaid countries, lands, places, and their inhabitants; ƒo that the Catholick King cedes and makes over the whole to the ƒaid King and to the Crown of Great Britain, and that in the moƒt ample manner and form. His Britannick Majeƒty agrees, on his ƒide, to grant to the inhabitants of the countries above ceded, the liberty of the Catholick religion; he will, conƒequently, give the moƒt expreƒs and the moƒt effectual orders that his new Roman Catholic ƒubjects may profeƒs the worƒhip of their religion according to the rites of the Romiƒh church, as far as the laws of Great Britain permit. His Britannick Majeƒty farther agrees, that the Spaniƒh inhabitants, or others who had been ƒubjects of the Catholick King in the ƒaid countries, may retire, with all ƒafety and freedom, wherever they think proper; and may ƒell their eƒtates, provided it be to his Britannick Majeƒty's ƒubjects, and bring away their effects, as well as their perƒons without being reƒtrained in their emigration, under any pretence whatƒoever, except that of debts, or of criminal proƒecutions: the term limited for this emigration being fixed to the ƒpace of eighteen months, to be computed from the day of the exchange of the ratifications of the preƒent treaty. It is moreover ƒtipulated, that his Catholick Majeƒty ƒhall have power to cauƒe all the effects that may belong to him, to be brought away, whether it be artillery or other things. | Article XXI | The French and Spaniƒh troops ƒhall evacuate all the territories, lands, towns, places, and caƒtles, of his Moƒt faithful Majeƒty in Europe, without any reƒerve, which ƒhall have been conquered by the armies of France and Spain, and ƒhall reƒtore them in the ƒame condition they were in when conquered, with the ƒame artillery and ammunition, which were found there: And with regard to the Portugueƒe Colonies in America, Africa, or in the Eaƒt Indies, if any change ƒhall have happened there, all things ƒhall be reƒtored on the ƒame footing they were in, and conformably to the preceding treaties which ƒubƒiƒted between the Courts of France, Spain, and Portugal, before the preƒent war. | Article XXII | All the papers, letters, documents, and archives, which were found in the countries, territories, towns and places that are reƒtored, and thoƒe belonging to the countries ceded, ƒhall be, reƒpectively and bon fide, delivered, or furniƒhed at the ƒame time, if poƒƒible, that poƒƒeƒƒion is taken, or, at lateƒt, four months after the exchange of the ratifications of the preƒent treaty, in whatever places the ƒaid papers or documents may be found. | Article XXIII | All the countries and territories, which may have been conquered, in whatƒoever part of the world, by the arms of their Britannick and Moƒt Faithful Majeƒties, as well as by thoƒe of their Moƒt Chriƒtian and Catholick Majeƒties, which are not included in the preƒent treaty, either under the title of ceƒƒions, or under the title of reƒtitutions, ƒhall be reƒtored without difficulty, and without requiring any compenƒations. | Article XXIV | As it is neceƒƒary to aƒƒign a fixed epoch for the reƒtitutions and the evacuations, to be made by each of the high contracting parties, it is agreed, that the Britiƒh and French troops ƒhall compleat, before the 15th of March next, all that ƒhall remain to be executed of the XIIth and XIIIth articles of the preliminaries, ƒigned the 3d day of November laƒt, with regard to the evacuation to be made in the Empire, or elƒewhere. The iƒland of Belleiƒle ƒhall be evacuated ƒix weeks after the exchange of the ratifications of the preƒent treaty, or ƒooner if it can be done. Guadeloupe, Deƒirade, Mariegalante Martinico, and St. Lucia, three months after the exchange of the ratifications of the preƒent treaty, or ƒooner if it can be done. Great Britain ƒhall likewiƒe, at the end of three months after the exchange of the ratifications of the preƒent treaty, or ƒooner if it can be done, enter into poƒƒeƒƒion 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 ƒide of the river Miƒƒiƒƒippi, as they are ƒpecified in the VIIth article. The iƒland of Goree ƒhall be evacuated by Great Britain, three months after the exchange of the ratifications of the preƒent treaty; and the iƒland of Minorca by France, at the ƒame epoch, or ƒooner if it can be done: And according to the conditions of the VIth article, France ƒhall likewiƒe enter into poƒƒeƒƒion of the iƒlands of St Peter, and of Miquelon, at the end of three months after the exchange of the ratifications of the preƒent treaty. The Factories in the Eaƒt Indies ƒhall be reƒtored ƒix months after the exchange of the ratifications of the preƒent treaty, or ƒooner if it can be done. The fortreƒs of the Havannah, with all that has been conquered in the iƒland of Cuba, ƒhall be reƒtored three months after the exchange of the ratifications of the preƒent treaty, or ƒooner if it can be done: And, at the ƒame time, Great Britain ƒhall enter into poƒƒeƒƒion of the country ceded by Spain according to the XXth article. All the places and countries of his moƒt Faithful Majeƒty, in Europe, ƒhall be reƒtored immediately after the exchange of the ratification of the preƒent treaty: And the Portugueƒe colonies, which may have been conquered, ƒhall be reƒtored in the ƒpace of three months in the Weƒt Indies, and of ƒix months in the Eaƒt Indies, after the exchange of the ratifications of the preƒent treaty, or ƒooner if it can be done. All the fortreƒƒes, the reƒtitution whereof is ƒtipulated above, ƒhall be reƒtored with the artillery and ammunition, which were found there at the time of the conqueƒt. In conƒequence whereof, the neceƒƒary orders ƒhall be ƒent by each of the high contracting parties, with reciprocal paƒƒports for the ƒhips that ƒhall carry them, immediately after the exchange of the ratifications of the preƒent treaty. | Article XXV | His Britannick Majeƒty, as Elector of Brunƒwick Lunenbourg, as well for himƒelf as for his heirs and ƒucceƒƒors, and all the dominions and poƒƒeƒƒions of his ƒaid Majeƒty in Germany, are included and guarantied by the preƒent treaty of peace. | Article XXVI | Their ƒacred Britannick, Moƒt Chriƒtian, Catholick, and Moƒt Faithful Majeƒties, promiƒe to obƒerve ƒincerely and bon fide, all the articles contained and ƒettled in the preƒent treaty; and they will not ƒuffer the ƒame to be infringed, directly or indirectly, by their reƒpective ƒubjects; and the ƒaid high contracting parties, generally and reciprocally, guaranty to each other all the ƒtipulations of the preƒent treaty. | Article XXVII | The ƒolemn ratifications of the preƒent treaty, expedited in good and due form, ƒhall be exchanged in this city of Paris, between the high contracting parties, in the ƒpace of a month, or ƒooner if poƒƒible, to be computed from the day of the ƒignature of the preƒent treaty. |
| In witneƒs whereof, we the underwritten their Ambaƒƒadors Extraordinary, and Miniƒters Plenipotentiary, have ƒigned with our hand, in their name, and in virtue of our full powers, have ƒigned the preƒent definitive treaty, and have cauƒed the ƒeal of our arms to be put thereto. Done at Paris the tenth day of February, 1763. Bedford, C.P.S. Choiƒeul, Duc de Praƒlin. El Marq. de Grimaldi. (L.S.) (L.S.) (LS ) |
SEPARATE ARTICLES
| Article I | Some of the titles made uƒe of by the contracting powers, either in the full powers, and other acts, during the courƒe of the negociation, or in the preamble of the preƒent treaty, not being generally acknowledged; it has been agreed, that no prejudice ƒhall ever reƒult therefrom to any of the ƒaid contracting parties, and that the titles, taken or omitted on either ƒide, on occaƒion of the ƒaid negociation, and of the preƒent treaty, ƒhall not be cited or quoted as a precedent. |
| Article II | It has been agreed and determined, that the French language made uƒe of in all the copies of the preƒent treaty, ƒhall 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 ƒhall conform themƒelves, for the future, to what has been obƒerved, and ought to be obƒerved, with regard to, and on the part of powers, who are uƒed, and have a right, to give and to receive copies of like treaties in another language than French; the preƒent treaty having ƒtill the ƒame force and effect, as if the aforeƒaid cuƒtom had been therein obƒerved. |
| Article III | Though the King of Portugal has not ƒigned the preƒent definitive treaty, their Britannick, Moƒt Chriƒtian, and Catholick Majeƒties, acknowledge, nevertheleƒs, that his Moƒt Faithful Majeƒty is formally included therein as a contracting party, and as if he had expreƒƒly ƒigned the ƒaid treaty: Conƒequently, their Britannick, Moƒt Chriƒtian, and Catholick Majeƒties, reƒpectively and conjointly, promiƒe to his Moƒt Faithful Majeƒty, in the moƒt expreƒs and moƒt binding manner, the execution of all and every the clauƒes, contained in the ƒaid treaty, on his act of acceƒƒion. |
| The preƒent Separate Articles ƒhall have the ƒame force as if they were inƒerted in the treaty.
In witneƒs whereof, We the underwritten Ambaƒƒadors Extraordinary, and Miniƒters Plenipotentiary of their Britannick, Moƒt Chriƒtian and Catholick Majeƒties, have ƒigned the preƒent ƒeparate Articles, and have cauƒed the ƒeal of our arms to be put thereto. Done at Paris, the 10th of February, 1763. Bedford, C.P.S. Choiƒeul, Duc El Marq. de (L.S.) de Praƒlin. Grimaldi. (L.S.) (L.S.) His Britannick Majeƒty'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 Brunƒwick and Lunenbourg, Arch-Treaƒurer, and Prince Elector of the Holy Roman Empire, c. To all and ƒingular to whom theƒe preƒents ƒhall come, greeting. Whereas, in order to perfect the peace between Us and our good Brother the Moƒt Faithful King, on the one part, and our good Brothers the Moƒt Chriƒtian and Catholick Kings, on the other, which has been happily begun by the Preliminary Articles already ƒigned at Fontainebleau the third of this month; and to bring the ƒame to the deƒired end, We have thought proper to inveƒt ƒome fit perƒon with full authority, on our part; Know ye, that We, having moƒt entire confidence in the fidelity, judgment, ƒkill, and ability in managing affairs of the greateƒt conƒequence, of our right truƒty, and right entirely beloved Couƒin and Counƒellor, John Duke and Earl of Bedford, Marquis of Taviƒtock, Baron Ruƒƒel of Cheneys, Baron Ruƒƒel of Thornhaugh, and Baron Howland of Streatham, Lieutenantgeneral of our forces, Keeper of our Privy Seal, Lieutenant and Cuƒtos Rotulorum of the counties of Bedford and Devon, Knight of our moƒt noble order of the Garter, and our Ambaƒƒador Extraordinary and Plenipotentiary to our good Brother the Moƒt Chriƒtian King, have nominated, made, conƒtituted and appointed, as by theƒe preƒents, we do nominate, make, conƒtitute, and appoint him, our true, certain, and undoubted Miniƒter, Commiƒƒary, Deputy, Procurator and Plenipotentiary, giving to him all and all manner of power, faculty and authority, as well as our general and ƒpecial command (yet ƒo as that the general do not derogate from the ƒpecial, or on the contrary) for Us and in our name, to meet and confer, as well ƒingly and ƒeparately, as jointly, and in a body, with the Ambaƒƒadors, Commiƒƒaries, Deputies, and Plenipotentiaries of the Princes, whom it may concern, veƒted with ƒufficient power and authority for that purpoƒe, and with them to agree upon, treat, conƒult and conclude, concerning the reeƒtabliƒhing, as ƒoon as may be, a firm and laƒting peace, and ƒincere friendƒhip and concord; and whatever ƒhall be ƒo agreed and concluded, for Us and in our name, to ƒign, and to make a treaty or treaties, on what ƒhall have been ƒo agreed and concluded, and to tranƒact every thing elƒe that may belong to the happy completion of the aforeƒaid work, in as ample a manner and form, and with the ƒame force and effect, as We ourƒelves, if we were preƒent, could do and perform; engaging and promiƒing, on our royal word, that We will approve, ratify and accept, in the beƒt manner, whatever ƒhall happen to be tranƒacted and concluded by our ƒaid Plenipotentiary, and that We will never ƒuffer any perƒon to infringe or act contrary to the ƒame, either in the whole or in part. In witneƒs and confirmation whereof We have cauƒed our great Seal of Great Britain to be affixed to theƒe preƒents, ƒigned with our royal hand. Given at our Palace at St. Jameƒ's, the 12th day of November, 1762, in the third year of our reign. His Moƒt Chriƒtian Majeƒty's Full Power. LEWIS, by the grace of God, King of France and Navarre, To all who ƒhall ƒee theƒe preƒents, Greeting. Whereas the Preliminaries, ƒigned at Fontainebleau the third of November of the laƒt year, laid the foundation of the peace reeƒtabliƒhed between us and our moƒt dear and moƒt beloved good Brother and Couƒin the King of Spain, on the one part, and our moƒt dear and moƒt beloved good Brother the King of Great Britain, and our moƒt dear and moƒt beloved good Brother and Couƒin the King of Portugal on the other, We have had nothing more at heart ƒince that happy epoch, than to conƒolidate and ƒtrengthen in the moƒt laƒting manner, ƒo ƒalutary and ƒo important a work, by a ƒolemn and definitive treaty between Us and the ƒaid powers. For theƒe cauƒes, and other good conƒiderations, Us thereunto moving, We, truƒting entirely in the capacity and experience, zeal and fidelity for our ƒervice, of our moƒt dear and wellbeloved Couƒin, Cƒar Gabriel de Choiƒeul, Duke of Praƒlin, Peer of France, Knight of our Orders, Lieutenant General of our Forces and of the province of Britany, Counƒellor in all our Councils, Miniƒter and Secretary of State, and of our Commands and Finances, We have named, appointed, and deputed him, and by theƒe preƒents, ƒigned with our hand, do name, appoint, and depute him our Miniƒter Plenipotentiary, giving him full and abƒolute power to act in that quality, and to confer, negociate, treat and agree jointly with the Miniƒter Plenipotentiary of our moƒt dear and moƒt beloved good Brother the King of Great Britain, the Miniƒter Plenipotentiary of our moƒt dear and moƒt beloved good Brother and Couƒin the King of Spain and the Miniƒter Plenipotentiary of our moƒt dear and moƒt beloved good Brother and Couƒin the King of Portugal, veƒted with full powers, in good form, to agree, conclude and ƒign ƒuch articles, conditions, conventions, declarations, definitive treaty, acceƒƒions, and other acts whatƒoever, that he ƒhall judge proper for ƒecuring and ƒtrengthening the great work of peace, the whole with the ƒame latitude and authority that We ourƒelves might do, if We were there in perƒon, even though there ƒhould be ƒomething which might require a more ƒpecial order than what is contained in theƒe preƒents, promiƒing on the faith and word of a King, to approve, keep firm and ƒtable for ever, to fulfil and execute punctually, all that our ƒaid Couƒin, the Duke of Praƒlin, ƒhall have ƒtipulated, promiƒed and ƒigned, in virtue of the preƒent full power, without ever acting contrary thereto, or permitting any thing contrary thereto, for any cauƒe, or under any pretence whatƒoever, as alƒo to cauƒe our letters of ratification to be expedited in good form, and to cauƒe them to be delivered, in order to be exchanged within the time that ƒhall be agreed upon. For ƒuch is our pleaƒure. In witneƒs whereof, we have cauƒed our Seal to be put to theƒe preƒents. Given at Verƒailles 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 Choiƒeul. Sealed with the great Seal of yellow Wax. His Catholick Majeƒty's full Power. DON CARLOS, by the grace of God, King of Caƒtille, of Leon, of Arragon, of the two Sicilies, of Jeruƒalem, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Seville, of Sardinia, of Cordova, of Corƒica, of Murcia, of Jaen, of the Algarves. of Algecira. of Gibraltar. of the Canary Iƒlands, of the Eaƒt and Weƒt Indies, Iƒlands and Continent, of the Ocean, Arch Duke of Auƒtria, Duke of Burgundy, of Brabant and Milan, Count of Hapƒburg, of Flanders, of Tirol and Barcelona, Lord of Biƒcay and of Molino, c. Whereas preliminaries of a ƒolid and laƒting peace between this Crown, and that of France on the one part, and that of England and Portugal on the other, were concluded and ƒigned in the Royal Reƒidence of Fontainbleau, the 3rd of November of the preƒent year, and the reƒpective ratifications thereof exchanged on the 22d of the ƒame month, by Miniƒters authoriƒed for that purpoƒe, wherein it is promiƒed, that a definitive treaty ƒhould be forthwith entered upon, having eƒtabliƒhed and regulated the chief points upon which it is to turn: and whereas in the ƒame manner as I granted to you, Don Jerome Grimaldi, Marquis de Grimaldi, Knight of the Order of the Holy Ghoƒt, Gentleman of my Bedchamber with employment, and my Ambaƒƒador Extraordinary to the Moƒt Chriƒtian King, my full power to treat, adjuƒt, and ƒign the beforementioned preliminaries, it is neceƒƒary to grant the ƒame to you, or to ƒome other, to treat, adjuƒt, and ƒign the promiƒed definitive treaty of peace as aforeƒaid: therefore, as you the ƒaid Don Jerome Grimaldi, Marquis de Grimaldi, are at the convenient place, and as I have every day freƒh motives, from your approved fidelity and zeal, capacity and prudence, to entruƒt to you this, and otherlike concerns of my Crown, I have appointed you my Miniƒter Plenipotentiary, and granted to you my full power, to the end, that, in my name, and repreƒenting my perƒon, you may treat, regulate, ƒettle, and ƒign the ƒaid 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 Miniƒters who ƒhall be equally and ƒpecially authoriƒed by their reƒpective Sovereigns for the ƒame purpoƒe; acknowledging, as I do from this time acknowledge, as accepted and ratified, whatever you ƒhall ƒo treat, conclude, and ƒign; promiƒing, on my Royal Word, that I will obƒerve and fulfil the ƒame, will cauƒe it to be obƒerved and fulfilled, as if it had been treated, concluded, and ƒigned by myƒelf. In witneƒs whereof, I have cauƒed theƒe preƒents to be diƒpatched, ƒigned by my hand, ƒealed with my privy ƒeal, and counterƒigned by my underwritten Counƒellor of State, and firƒt 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 |
