other perfons, of what nations foever, not to transport, or carry any foldiers, arms, powder, ammunition, or other contraband goods, to any of the territories, lands, plantations, or countries, of the faid king of Spain; declaring that whatfoever fhip or veffel fhall be met withal, tranfporting, or carrying any foldiers, arms, powder, ammunition, or other contraband goods, to any of the territories, lands, plantations, or countries, of the faid king of Spain, the fame being taken, fhall be condemned as good and lawful prize. And whereas there may be remaining in our kingdoms divers kingdoms divers of the fubjects of the king of Spain, we do hereby declare our royal intention to be, that all the Spanish fubjects, who fhall demean themselves dutifully towards us, fhall be fafe in their perfons and effects. Given at our court at St. James's the fecond day of January, 1762, in the second year of our reign. GOD fave the KING. The king of Spain's declaration of the denial for an aggreffion: and although, before this provocation was received, my patience was tired out with fuffering and beholding, on many occafions, that the English government minded no other law, but the aggrandifement of their nation by land, and universal defpotifm by fea; I was nevertheless defirous to fee whether this menace would be carried into execution; or whether the court of England, fen fible of the inefficacy of fuch methods towards my dignity, and that of my crown, would not employ others that should be more fuitable to me, and make me overlook all thofe infults. But the haughtiness of the English was fo far from containing itfelf within just bounds, that I have just learnt, that on the fecond inftant, a refolution was taken by the Britannic king in council, to declare war against Spain. Thus, feeing myself under the hard neceffity of following this example, which I would never have given, because it is fo horrible, and fo contrary to humanity, I have ordered by a decree of the 15th inftant, that war fhould likewife be immediately declared, on my part, against the king of England, his kingdoms, estates, and fubjects; and that in confequence thereof, Although I have already taken proper orders fhould be sent to all for a declaration of war by England against Spain, the inconfiderate ftep of lord Bristol, the Britannic king's ambaffador at my court, when he demanded of Don Richard Wall, my minifter of ftate, what engagements I had contracted with France, making this the condition of his demand, or rather adding this threat, That if he did not receive a categorical anfwer, he would leave my court, and take parts of my dominions, where it fhould be neceffary, for their defence and that of my fubjects, as well as for acting offenfively against the enemy. For this end, I order my council of war to take the requifite mea fures that this declaration of war may be published at my court, and in my kingdoms, with the formali. ties ufual upon fuch occafions; and that in confequence all kind of hof tilities tilities may be exercised towards the English; that those of them who are not naturalized in Spain, may leave my kingdoms; that they may carry on no trade there; and that only thofe who are employed as artizans may be fuffered to remain: that for the future my fubjects may have no dealings with thofe of England, nor with the eftates of that crown, for any of their productions or fisheries particularly cod, or their manufactures or merchandize; fo that the inhibition of this trade may be understood to be, and may be in fact, abfolute and effective, and ftamp a vicious quality, and a prohibition of fale on the aforefaid effects, productions, fifheries, cod, merchandizes, and manufactures of the dominions of England: that no veffels whatsoever, with the above-mentioned effects on board, may be admitted into my harbours, and that they may not be permitted to be brought in by land, being illicit and prohibited in my kingdoms, though they may have been brought or depofited in buildings, baggage, warehouses, fhops, or houfes of merchants, or other private perfons, my fubjects or vaffals, or fubjects or vaffals of provinces and states, with whom I am in peace or alliance, or have a free trade, whom, nevertheless, I intend not to hurt, or to infringe the peace, the liberty, and privilege which they enjoy, by treaty, of carrying on the legal trade in my kingdoms with their fhips, and the proper and peculiar productions of their lands, provinces, and conquefts, or the produce of their manufactories. I also command that all merchants who fhall have in their poffeffion any cod, or other fish, or produce of the dominions of EngVOL. IV. land, fhall in the fpace of fifteen days from the date of this declaration, declare the fame, and de◄ liver an account thereof, either at my court, or elsewhere, to the officers who fhall be appointed by the marquis de Squilace, fuper-intendant-general of my revenues, that the whole may be forthcoming; and such of the said effects of which a lift shall not be fo delivered in the space of fifteen days, fhall be immediately confifcated; two months, and no more, being allowed, for the confumption of those which fhall be declared; after which time the merchants fhall be obliged to carry the faid effects to the custom-houses, and, where there is no cuftom-houfe, to the houses that ferve instead thereof, that they may be publickly fold by an officer or officers nominated for that end, or, if none fhould be appointed, by the judges, who should give the produce of the fale to the proprietors; but none of the faid merchandizes, prohibited in the manner just prescribed, fhall return to their warehouses or fhops. I have given a separate commiffion, with all the neceffary powers, to the marquis de Squilace, fuperintendant-general of my revenues, that in that quality he may fee that this prohibited trade be not fuffered, and that he may immediately iffue fuch orders and inftructions, as he fhall think neceffary for this important end; taking cognizance, in the firft inftance, in person, and by his fub-delegates, of the difputes which fhall arife on occafion of this contraband, with an appeal to the council of finances in the hall of juftice; except, however.what relates to contraband military ftores, arms, and other effects be[U] longing longing to war, particularized in treaties of peace, the cognizance of difputes on thefe articles belonging to the council of war, and the military tribunals. And I command that all that is above be obferved, executed, and accomplished, under the heavy penalties contained in the laws, pragmatiques, and royal cedules, iflued on like occafions in times paft, which are to extend alfo to all my fubjects, and the inhabitants of my kingdoms and eftates, without any exception, and notwithstanding any privileges; my will being, that this declaration of war fhall come as foon as poffible to the knowledge of my fubjects, as well that they may guard their perfons and effects from the infults of the English, as that they may labour to moleft them by naval armaments, and by other methods authorized by the law of recover from their firft loffes (as ap pears by the letters of thanks from Mr. Pigot himself, and from the council of Madrass to that of Pondicherry) added to the formal refufal of fulfilling the conditions of a cartel, agreed upon between our refpective matters, though it was at first accepted by Mr. Pigot, and the commiffaries were named on both fides to go to Sadraft to fettle amicably the difficulties which might occur in its execution, put it out of my power with respect to my court to make or propofe to Mr. Coote any capitulation for the town of Pondicherry. The king's troops, and those of the company, furrender themselves, for want of provifions, prifoners of war of his Britannic majefty, upon the terms of the cartel, which I reclaim equally for all the inhabitants of Pondicherry, as well as for the exercise of the Roman religion, the religious houses, hofpitals, chaplains, furgeons, fervants, &c. referring myfelf to the decifion of our two courts for reparation proportioned to the violation of fo fo Papers relating to the furrender of lemn a treaty. Pondicherry. Accordingly Mr. Coote may take poffeffion to-morrow morning at eight o'clock of the gate of Villenour; and after to-morrow at the fame hour of that of Fort St. Louis; and as he has the power in his own hands, he will dictate fuch ulterior difpofitions to be made, as he shall judge proper. I demand, merely from a principle of juftice and humanity, that the mother and fifters of Rezafail be permitted to feek an afylum where they pleafe, or that they remain prifoners among the English, and be not delivered up into Mahomet Ally Caun's hands, which are ftill till red with the blood of the hufband and father, that he has fpilt, to the fhame indeed of those who gave them up to him; but not lefs to the fhame of the commander of the English army, who fhould not have allowed fuch a piece of barbarity to be committed in his camp. As I am tied up by the cartel in the declaration which I make to Mr. Coote, I confent that the gentlemen of the council of Pondicherry, may make their own reprefentations to him, with regard to what may more immediately concern their own private interefts, as well as the interest of the inhabitants of the colony. Done at Fort Louis of Pondicherry, the 15th of January, 1761. Signed, LALLY. that the troops of his moft Chriftian majefty, and thofe of the French Eaft-India company, shall be deemed prifoners of war to his Britannick majefty upon the terms of that cartel; but requires that they furrender themselves prisoners of war, to be used as he fhall think confiftent with the interests of the king his mafter. And colonel Coote will fhew all fuch indulgences as are agreeable to humanity. Colonel Coote will fend the gre-` nadiers of his regiment, between the hours of eight and nine o'clock to-morrow morning, to take poffeffion of the Villenour gate; and the next morning, between the fame hours, he will also take poffeffion of the gate of Fort St. Louis. The mother and fifters of Raza Saib fhall be escorted to Madras, where proper care fhall be taken for their fafety; and they shall not, on any account, be delivered into the hands of nabob Mahomud Ally Cawn. Art. II. They fhall be maintained in the exercise of the Roman Catholic religion, in the fame manner as has been practifed under the French government. The churches and the houses of the ecclefiaftics and religious perfons fhall be preferved, together with every thing thereunto belonging whether they be fituated without or within the town. The miffionaries fhall have liberty of paffing from place to place, and fhall find, under the English flag, the fame protection as under the French flag. Art. III. Not only the buildings and houfes, belonging to private perfons, whether laymen, ecclefiaftics, or religious perfons, fhall be left in the condition they are, but alfo the buildings belonging to the company, as well as the fort, the warehoufes, and the walls of the town, with all the fortifications, until the date of thefe laft, that is to say, every thing of this kind, belonging to the company, fhall be decided by the two respective courts. Art. IV. The papers of the regiftry and notary office, on which depend the fortunes of the inhabitants, fhall be fent to France without any obftacle, by fuch convey ances as they fhall think fit who are now charged with them, and in whofe poffeffion they fhall, in the mean time, remain. Art. V. The treatment herein before ftipulated by the firft article, for the inhabitants of Pondicherry, fhall be extended to all the members of the council, company's agents, officers fettled in the faid town, and all others, who have been, or now are, in fervice of the company; and fo in like manner to the merchants, whether Armenians, or of any other nation, fettled heretofore in Pondicherry for their trade. Art. VI. The Creoles, or natives of Mauritius and of Bourbon, amounting in number, to forty-one, including five officers, as well thofe who are in health, as those who have been wounded, or are invalids, having ferved as volunteers, and not being foldiers, fhould have the liberty of returning to their home by the firft good opportunity they may find. Art. VII. Safeguards fhall be granted to prevent disorder. Art. VIII. All the foregoing articles fhall be executed according to good faith. A true copy. FRANCIS ROWLAND, Secretary. DE it with delight obferved, by our fubjects of the faid place, |