The New Hampshire Gazette Newspaper, November 12, 1762, Page 1

%DAY,OLSZ’JZE?EER L i B | New-Hampthirc Containing the Frefbeff Advices, ‘ARTICLES of CAPITULATION, agreed on between Sir GEorce Poceck, Knight of the Bach, and Admiral of the Blue ; and theEarl of ALseMarLE,Com- ~ mander of HisBritannicMajefty’s Troops ; andtheMarquis pELREALTRANSPORTE, Admiral of his CatholicMajefty’sSqua- “dfon ; and Do~ Juawn pe Prano, Go- vernor of the Havannab, on the Part of " "his Catholic Majetty, for rendering up - the Garrifon and Spanith Ships in the Port, belonging to the Havannah, - PreLiminary ARTICLE. HE Land and Point Gales lballbe delt- wered to bis Britannic Majefly’sTroops, To morrow the 13th of Aug. at Noom, as which Time the following Articles of Capitu- dation fhaill take Place. ARTICLE L HE . Gasrifon, comprehending befides the Troops belonging to the Ariillery snd Dragoone, 'the Militia of all the Places on this Ifland, fthall march out of the Port Gate on the zoth Inft. (if -there doee aot arrive before Relief fuf- ficient to raife the Siege) with all military Henours, with their Mufkets fhoulder’d, Drums beating, and Colours flying,fix Pieces of Cannon with 12 Charges for each, and as many for each Soldier, end the Re- giments fhall carry with them the military Chefts 3 befides which the@Fovernor thall have 6 covered Wag- gons ‘which fhall'in no Manner be permitted to be Regiftered, undersny Pretence. Anxswer. The Garrifon, confifting of the Regu- lsr Troops and the Dragoons, who fhall leave their Hosles for his Britancvic Mujefly’s Servies, in Confi- deration of the vigorous and brave Defence of the Moor Caftle and the Havanneh, thall march ont st the Point Gate, with two Pieces of Cannon, and 6 ‘Charges for each Cannon, and the fame Number for esch Soldier, with Drums beating, Colouss flying, and ail muitary Honours ; the militaryCheit refuled ; the Governor fhall have granted «3 many Barges as ere neceflary to Tren{port his Equipsge end Effects “on boardthe Ship deftined for him ; all the Militia, as well in the City, as out of it, fhall deliver up -their “*Arms to his Britannic M:j:fty’s Ceommiflary, whe .. $hall ‘be appointed to recrive them: Art. I[. Thatthe faidGarrifon fhall be pzrmitied to carry out of shis City, =il their Goods, Equipages and Maney, to fome other Place.on the Ifland . for which Purpafe, Horfes and Carts correfpondent, thall bz permitted to.go in and out, with his Catholick Msjuity’s civil and military Officers, and the Direc- tors of the rayelFivances,which fhall be eleéted im- mediately sfter marching out of the City. Ans. The Officers belonging to the faid Garrilon, fhall be permitted to carry with them,sll iheirEffeéts and Money, on bosrd the Ships that sre deftined to his Britaonic Msjefty’s Coaft, in order to Tranfport the Garrifon to the neareft Spinifh Port.; the Inien- dant of the Marise, Commiflary of War, and thole eatrufted with his. Catholic Majefty’s Wealth fhell havs Libesty to lesve the lflind if they ere defir- ous, asfoon asthey have delivered their Accounts. Art. III. The Marine Soldicrs end Crews of the Ships remeining in the Port that heve ferved sfhore, fha!l partake of the fame military Honours as the Garrifon of the Place, and Mhall with them be put on board the {sid Ships, 10 be conduéted with his Ca- tholic Masjelty’s Admiral, with sll their Euquip:ge snd Money, to fome other ofthe SpanifhDomiaions, with this cxprels Condition, that in their Nevigation to it, they wili not attack or moleft, any of hisBriten- nic Mejeity’s Squadrons or fingle Ships, nor any that fhall beleag to his Aliies, nor any of his particular Subjeéts ; neicher (hali they. be attacked by any of his Britennic Mzj:fly’s Squadron or Skips, nor by eny of his;Allizs, or. periicular Subj.éts . that they fusll have Liberty to embark in {sic Squadron, the Ti00ps.and Crews, with their Land and S¢a Oficers, and other Individusls their Dependants, with the Wealth that fhall be founad in the City, belonging to his Catholic Majeflty ; with the Money and other Poflellions in Specie of Silver, Gald, orany other thing belonging ta the Marquis or any of the Officers of the Marine, graniing all meceflary Aliftance for the Prefervation Nuume. 3 rtj of them, and thofe belonging toShips, and for fapply- ing them from his Chriftian Maj-fiy’s Stores, with what they may flend inNeed of at theTime of going sway, {atiefying for the {ume st the current Price of the Country. Aws. -The Marquis Real Tranfporte, with his Of- ficers, Seamen and Muriner; SoldiersbeingPart of the Garrifon,-fhall be treated in the fame Manner as the Govyernior and regular Troops. Al the Ships in the Port ot theH4varnah,snd all the Silver and Eff-fls of whatever Specie, belonging to his €atholick Mxjeity, Ghall be delivered to the Perivus whom Sir George Pecock, fhall Name to receive the fame. Art. IV. That there thall bz an Inventory taken of all the Artillery, Uienfils and Ammunition of War belonging to his Chriltian Majefty, excepting thofe that belong to the Squsdron, in the Prefence of four of his Chriftian Msjifly’s Subjects of the Governor’s Dominaticn, and for+ of his Britennic Majefty’s Sub- j-€ts, chofen by. the Earl of Albermarle; who fhall re- mein in Poffeflion of the Whole, till both Suvereigns fhell atherways determine. Aus. All theAriillery,and whateverSpecic of Arms end Ammuni‘on of War, fhall be delivered to Perfons named by the Admirs! 'and General. .. Art. V. Thatin Relpe& to his Excellency the Marquis Superunds, late Viceroy of the Kingdom of Pera, and Don Diego Tavares, late Governor of Cerihagens,who with theirFamilies were sccidentlly here: on their way toSpein,they fhall be comprehend- ed in.this Capitsiation, snd be left in free go(fiflion of their Equipege, and all other Effeéts belonging to them, and providisg their P:fl'ige.lo Spiin with all -poflible Accommodation. Ans: Fhe-Margnis oiSuperunds; Viceroy of Peru- and Don Diego Taveres, late Governer ofCarthagé- ne, {hall be condudted toSpain in the moft commodi- ons Manper, that theShipping will permit of, accord- ing to their Dignitp: end Chatzter, with all their %‘fl';‘&'" Plate, and Servants, at the moft convenient ime. Arr. VI ThattheCatholicReligion thall be per- mitted and preferved in the fame Conformity it -has been hitherto ufed under his Catholic Majefty, with- aut the Jealt Impediment in all the publicForms that are ufed both wiihin and without the Churches, and the Feftivals folemnized therein, fhall be obferved with the fame Veneration as formerly ; snd all Ec- clefisticks, Convents, Monafteries, Hol(pitals, Com- munities, Univerfiiies, and Colleges, fhall remain in free Enjoyment of their Rights and Privileges, Rents, movesble Goods and Cattlees, a3 thzy have hitherto done. Anfwer, Grented, ArT. VII. That the Bifhop of Cuba fhall equally erjoy the Rights,Privileges, and Prerogatives belong- ing to him for the DireCtion and (piritusl Mauinte- nance of the faithful Catholicks, the Nomination of Parifh Priefts, and ather neceflary Ecclefisftical Mini- fters, with the Exercife of Juriidi@ion thereto annex- €d, and free Percepiion.of Rents snd Provifion cor- refpondent to his Dignity, which fhall likewife ex- tend 1o the other Clergy in Regard to the Tyths snd other incomes for their mutpal Support. Ans. Grepted, with this referve, that the Nomi- nation of Curates and others,fhall be with the Appro- bation of his Britannic ‘Majefty’s Governor of the Place. VIIL That -in theMonaftries ofFryars enaNuns, the ‘interiour Government fhall bé obferved ss formerly, with Suobordinstion to their lawiful Superiors, sccording to their particular Ieftitution, without the leaft-Varistion. Aws, Granted. Art. IX. That inthe fame Manner in which the effe&live Wealth thag fhall be found in this City be- “longirg'to his ChriftisnMzjefty, fhall be embarked on board the Men of War that remain in this Port, in order to be Tranfported to Spsin; all the Tobacco likewife belonging to hisChriftianMajefty,& that fhall be permitred the fsme Sovercign to buy, though in Time of War, of.thie Growth of this Ifland, in the Diftrick thereof fubje& to the King ot Great Britain, ac the currentPrices, and freeLeave toTranfport them to Spain, in our own or foreign Veflels ; sud for the more eonvenient owing & prefervi: g them, theMill, Warehoufes, and other Officers, deftined for thofle ' Purpoles (hall be zppointed; and proper JPerlons fhall be mauinsained for taking Care ot the fame. Axs Refufed. ) Art. X. That in Confideration of this Port being conveniently fituated for the Afliftance of thofe that ngviguxe'q{e!c Parts. of America, ‘as well Spaniards as U Boglifh 5 it hall'be reputed as 8 neutral Port for the ."‘( Werk's Tince this Paren { was firft publifh’d. Foreign and Donaffick o Subjets of hisCatholicMsjeRy, who fhal! be permittes to go in end out without asyHindrince cv Infuir, 16 procure neceflary Refrefhments,and repairtbein Veffels, Paying the pricesCurrent for che fame, theii Navigati on to be limited (rom the Capes of .Catoche on the Ct_)lfi of mepcchc and St. Aanthony, to the Weft of this Ifland, & from the Sound of Tortuga to this Pore, and from thence to theLatiiude of 33North. «ill theis Catholic and Britannic Mejsfies fheil otherways de- termine. Ans. Refufed. £ ArT. XI. That all the Inhabitants and Mechsnics of thxCity fhell remsin ie fraelJle and quiecPofic Gion of theirTrades &Politica! Employments, therein hoid- ing their Property us weli ss their Wealth and other Goods, Cattle and Movesbles, of whateverCondition they may be of, without being cbliged to coniribute, upon eny other Terms than thofe required by his Cathelic Majefty. Ans. Granted, snd they thall be permitted to continue following their refpetive Occupasions, as long s their Conduét gives no Mo- tive to the Contrary. ArT. XII That the feme fhall preferve and keep their Rights and Privileges which they have to this K;c{em Time enjoyed ; and thall be governed in the sme of his Britannic Majefty, under the fameLaws, Adminiftrations of Juftice andConditions which they had been in the Time of the Spaniards, and that fhail of themfelves Name their Judges andJuitices, accord- ing to their own Ufe end Cuftoms, : Arxs. Anfwered in the foregoing. Arrt, XIIL That whoever of the Inhsbitants ¢hat sre not willing to continue in this City, thall be peg- mitted to carry away freely their Weslth andRiches, in the Specie moft covenient, to fell their Effeéts, or leave them in Adminiftration,and tran‘port them with themfelves to the Dominion of his Caiholic Majefty, which they choofe ; granting them for that End the Space of four Years,and providing them armedVeflels, which they fhall either buy orFreight,for condudting them with Paffports and other ‘neceflary Papers, for their Secarity againft theMoors and Turks, with this expre(s Condition, that they fhall not be employed a- geinft the Subjcéls of hisBritannicMijfty, nor their Allies, which they fhall not infult nor moleft ; &that under thie & the two foregoingArticles thall be com- prehended all hisCatholicMejefty’sOfficers, bothLand andSes,andOfficers of theT'roops who fhall be marri- ed and have Families andSubftances eftablifhed in this City, that they may partske of the fame Privileges ag the other Inhabitsnts. Ans. The Inhsbitants fhail be permitted to fcll or remove their Effes to any Part of Spain, in Veflels provided st their own Expanee, for which there fhell be given them conve- nient Paflports 5 to be underftood, that the Cfficers who have Effeéts, on the Ifland fhali enjoy the {ams " Benefit granted to the Reft of the Inhabitants. ArT. XIV. That thofe thall notbein the leat mo- lefted for having bornArms by means of theirFidelity, and having been inlifted as Militia for what might happen in the War, nor fhall plander, nor any Dil- order be sllowed towards them by theEnglihTroops; but on the contrary, they fhall fully enjoy,befides the Rights and Privileges of the otherSatjeéts belonging to his Britennic Majefty, reftoring without the - leaft impediment or Hindrance, all ‘the Families with their Wealth, and Families into the City, who went out of it at the Time it was befieged ; that they ihall be comprehended in the prefent Articles, and tbet none of them fhall have Troops quartered on them, but they fhall be fent to Quarters provided ac- cording to the Pratice, during the Time the Spa- niards hed Poffellion. Ans. Granted, excepting that in Cafe there hould be a Neceflity of quarteringTroops, it thall be lefs to the Bireclion of the Governor. All the King’sSlaves fhsll be delivered toPerfons eppointed to receive them, ArT. XV. That sllthe Wealth that fhall be found in thig City, belonging to the Merchants at Cadiz, from the Regifter Ships which have arrived, in which 8!l the Europen Nations are interrefted, the Com- mandess fhall have {uitable Paflposts given them, . to ‘go away w th faid Regifters, without being infulted in their Vovage. Ans, Refufed. Art, XVI. That the Officers who hsve hed the Management, Dire&icn ard Dilkribution of theRoyal Finances, or held sny other particular Commifion under his CatholicMaj =Ry, hall be left in frecUle.of ali thofe Puapers refpecting their Charge, with Powey to remit or carry them to8pain,for thePurpofes men. tioned ; the fame to be usderficod with Refpe&t to the Roysl Company, eficblihed in this Gity and their other depindante. : ,