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Bratis Waße O S PR AR L . »
Containing the Frefbefi Advices,
‘ARTICLES of CAPITULATION,
agreed on between Sir GEorce Poceck,
Knight of the Bach, and Admiral of the
Blue ; and theEarl of ALBeMArLE,Com
- ‘mander of HisßritannicMajefty’s Troops 3
andtheMarquis DELREALTRANSPORTE,
Admiral of his CatholicMajefty’sSqua
“dfon 3 and Do~ Juan pE Prano, Go
- wernor of the Havannab, on the Part of
his Catholic Majesty, for rendering up
. the Garrison and Spanith Ships in the
Port, belonging to the Havannah.
- PreriMminary ARTICLE.
. I “ HE Land and Point Gates lballbe delt
wered to bis Britannic Majefly’ sTroops,
To morrow the 13th of Aug. at Noom, at
which Time the following Articles of Capita
fation shall take Place, .
ARTICLE L ‘
¥ HE Gasrifon, comprehending besides
~ ¥ the Troops belonging to the Artillery
B snd Dragoons, the Militia of all the
Places on this Island, thall march out 6f
: the Pori Gate on the zoth Inst. (if
-there doee aot arzive before Relief fut
ficient to raise the Siege) with all military Henours,
with their Muskets fhoulder’d, Drums beating, and
Colours flying,fix Pieces of Cannon with 12 Charges
for each, and as many for each Scldier, end the Re
giments shall carry with them the military Chests 3
_befides which thfionmor thall have 6 covered Wag
gons which fhallin no Manner be permiited to be
Regiltered, under sny Pretence.
Axswer. The Garrison, consisting of the Regu
lsr T'roops snd the Drsgoons, who shall leave their
Hosles for his Britantuic Maujefly’s Serviee, in Consi
deration of the vigorous and brave Defence of the
Moor Castle snd the Havannsh, shall march ount et
the Point Gate, with two Pieces of Cannon, and 6
- Charges for each Cannon, and the fame Number for
esch Soldier, with Diums beating, Colours flying,
and ail muitary Honours ; the militaryChei refuled ;
the Governor thall have granted e 3 many Baiges as
< .are neceflary to Tranf{port his Equipsge end Effeils
‘on board the Ship destined for him ; all the Militia,
as well in the City, as out of it, shall deliver up -their
“ Arme to his Britannic M:j:fty’s Cemmiflmry, whe
.. shall ‘be appointed to yeczive them. -
ArT. I[. Thatthe (aidGarrifon shall be permitted
~ to carry out of this City, &l their Goods, Equipages
and Moncy, to some other Place on the Island . for
which Purpose, Horles and Carts correspondent, (hall
bz permitted to-go in and out, with Lis Catholick
. Msjiity’s civil and military Officers, and the Direc
tors of the rayelFivances,which shall be eleéted im
~ maediately sfter marching out of the City.
Ans. The Officers belonging to the said Garrison,
shall be permitted to carry with them,sll iheirEffeéts
‘and Money, on bosrd the Ships that are destined to
his Britannic Msjefty’s Coast, in order to Transport
the Garrison to the nearest Spenith Port.; the Inien
~ dant of the Marise, Commiflary of War, and thole
eatrufted with his. Catholic Majefly’s Wealth shell
have Liberty to leave the Iflind if they ere desir
ous, asfoon asthey have delivered their Accounts,
Art. 111. The Marine Scldiers end Crews of the
Ships remeining in the Port that have served sfhore,
fha!l partake of the fame military Honours as tie
Garrison of the Place, and Mhall with them be put on
board the f{sid Ship:, to be condulled with his Ca
- tholic Mazjzßy’s Admiral, with sll their Euquipsge
and Money, to some other ofthe SpanithDomianions,
with this cxprefs Condition, that in their Nevigation
g 0 it, they will not attack or molest, any of hisßriten
nic Mej:ity’s Squadrons or single Ships, nor any that
shall beloag to his Aliies, nor any of his paniicular
Subjeéts ; neither (hali they, be attacked by any of his
Britennic Mzj:fly’s Squadron or Skips, nor by sny of
his; Allizs, or periicular Subj.&ls . that they fhsll have
Liberty to embark in {si¢ Squadron, the Troops and
Crews, with their Land and S¢s Officers, and other
Individusls their Dependants, with the Weaslth that
shall be found in the City, belongicg to his Catholic
Majelty ; with the Money and other Poflellions in
Specie of Silver, Gald, orany other thing belonging
to the Marquis or any of the Officers of the Marine,
| graniing all neceflary Affifance for the Preservation
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* SPENe e SEEES g % R ?:;g ‘
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of them, and those belonging toShips, and for fapply
ing them from his Christian Misjcfly’s Stores, with
what they may stand iniNeed of at theTime of going
sway, {atitfying for the {ame &t the current Price of
the Country. .
Aws. 'The Marquis Real Trenfporte, with his Of
ficers, Seamen and Miriner; SoldiersbeingPart of the
Garrifon,-fhall be treated in the fame Manner as ihe
Goverxor end regular Trocps. Al the Ships in the
Port ot theHavarnah,and all the Silver and EfAls of
whatever Specie, belonging to his €athalick Majzity,
hall be delivered to the Perivus whom Sir George
Pecock, shall Name to receive the fame, .
Art. IV, That there thall be an Inventory taken
of all the Artillery, Uienfils and Ammunition of War
belongiang to his Chrittisn Majesty, excepting those
that belong to the Squsdrom, in the Presence of four
of his Christian Msjifiy’s Subje@s of the Governor’s
Dominaticn, and fonv of his ériunnic Majeity’s Sub
j-€ts, chosen by. the Earl of Albermarle; who shall re
mein in Poffeflion of the Whale, till both Sovereigns
fhal otherways determine. .
Aus. All theAriillery,and whatever Specie of Arms
end Ammuniion of War, shall be delivered to Persons
named by the Admirs! and General. -
Anrt. V. Thatin Relpe® to his Excellency the
Marquis Superunda, late Viceroy of the Kingdom of
Pera, and Don Diego Tavares, lste Governor of
Certhagens,who with their Families were sccidenully
here on their way toSpein,they shall be comprehend
ed in.this Capitsistion, snd be left in free Pofleflion
of their Equipsge, and all other Effeéts belonging to
them, and providiag their Pz{Tsge to Spain with all
poflible Accommodation. > » ‘
Ans: FheMisrguis oiSuperunds,; Viceroy of Peru
and Don Diego Tavates, late Governer ofCarthagé
ne, shall be condulted tcSpain in the most commaodi
ons Manper, that theShipping will permit of, accord
ing to their Dignitr: end Chatséler, with sll their
%\fl:‘e&}.’ Plate, and Servants, at the most convenient
ime. .
Arr. VI ThattheCatholicßeligion thall be per
mitted and preserved in the {same Conformity it has
been hitherto used under his Catholic Msjefty, with
aut the lealt Impediment in all the public Forms that
are uled both within and without the Churches, and
the Festivals solemnized therein, shall be observed
with the fame Veneration as formerly ; snd all Bc
clefialticks, Convents, Monasteries, Holpitals, Com
munities, Univesfiiies, and Colleges, shall remain in
free Enjoyment of their Rights and Privileges, Rents,
movesble Goods and Cattles, a 8 thzy have hitherto
dgne. Answer, Grented,
Art. VII. Thatthe Bishop of Cuba shall equally
erjoy the Rights,Privileges, and Prerogaiives belong
ing (o him for the Direftion and fpiritusl Muinte
nance of the faithful Catholicks, the Nomination of
Parish Priests, and other neceflary Ecclefisftical Mini
sters, with the Exercise of Juriidi@tion thereto snnex
€d, and free Percepiion. of Rents and Provision cor
relpondent to his Dignity, which shall likewise ex
tend io the other Ciergy in Regard to the Tyths and
oiher incomes for their mutual Support.
Ans. Grapted, with this reserve, that the Nomi
nation of Curates and others, shall be with the Appro
bation of his ‘Britann:c -Majesty’s Governor of the
Plsce.
VIIL That -in theMonaftries ofFrysrs enaNune,
the interiour Government shall bé observed ss
formerly, with Subordinstion to their lawiul
Superiors, sccording to their particular Institution,
without the leaft-Varistion. Aws, Granied.
Art. IX. That in the fame Msnner in which the
effetive Wealth that shall be found in this City be
“longirgto his ChriftisnMajefty, shall be embarked on
board the Men of War that remain in this Port, in
order to be Transported to Spsin; all the Tobacco
likewise belonging tc hisChriftianMasjefty, & that shall
be permitred the fsme Sovereign to buy, though in
Time of War, of.thie Growth of this Island, in the
Diftrick thereof fubjeft to the King ot Great Britain,
ac the current Prices, and free Leave toTranfport them
to Spain, in our own or foreign Veflels ; sud for the
‘more eanvenient fkowing & prefervi: g them, theMill,
Warehouses, snd other Officers, deftived for those
Purpoles {hall be sppointed, and proper {Per{ons shall
_be mainsained for taking Care ot the fame.
Axs Refufed. ‘
Art. X. That in Consideration of this Port being
conveniently fitusted for the Aflitance of those that
nayigate ~¢r¢!¢~ Parts. of America, as well S‘Panind: a 8
English 3 it (all'be reputed as s neutral Port for the
& S v & 3 ‘ g 5 % %
Nusmz. 3¢B [ Werk's Tince this Parsi
{ was firft publifh’d.
quez:gn and Domaflicky
Subjefts of hisCatholicMasjeßy, who fhal! be permitted
to go in ¢nd out without anyHindrince cv infuls, 16
procare neceflary Refrefhments,and repairtbeir Vetlels,
paying the pricesCarrent for che fame, theirNavigati
on to be limited from the Capes of .Catoche on the
Coast of Campechs and St. Anthony, to the Welt of
this Island, & froml the Sound of Tortuga to this Pore,
and from thence to theLetiiude of 33North. till theis
Catholic and Britennic Mtjsßties fhiil otherways de
termine, Ans. Refufed. :
ArT. Xl. That all the Inhabitants and Mechsnics
of thuCity shell remain ix fraeTife gnd quietPofie Tiam
of theirT'rades &Politica! Employments, therein hoid
ing their Property as weli ss their Wealith and other
Geods, Csttle and Movesbles, of whatever Condition
they may be of, without being cbliged to contribute,
upon any other T'erms than those required by his
Catholic Majesty. Ans. Granted, snd they thall
be permiited to continue following their refpetive
Occupations, as long s their Conduét gives no Mo
tive to the Contrary,
ArT. XIL That the feme shall preserve and keep
their Rights and Privileges which they have to this
Fzrcfent Time epjoyed ; and shall be governed in the
eme of his Britannic Majesty, under the fame Laws,
Administrations of Justice and Conditions which they
had been ia the Time of the Spaniards, and that fhail
of themselves Name their Judges and Juitices, accord
ing to their own Use end Customs. '
Ans. Answered in the foregoing.
ArT, XIIL. That whoever of the Inhabitants thst
sre not willing to continue in this City, thallbe pezg
mitted to carry away freely their Weslth andßiches,
in the Specie most covenient, to fell their Effefts, or
leave them in Adminiftration,and tran‘port them with
them{elves to the Dominion of his Caiholic Majesty,
which they choose ; granting them for that End the
Space of sou: Years,and providing them armedVeflels,
which they shall either buy orFreight,for condudting
them with Pafiports and other neceflary Papers, for
their Secarity against theMoors and Turks, with this
exrrefs Condition, that they shall not be employed a
geinft the Subjc&ls of hisßritannicMsjefty, nor their
Allies, which they shall not insult nor molest ; &that
under this & the two foregoing Ariicles thall be com
prehended all hisCatholicMejefty'sOfficers, both Land
andSes,andOfficers of theT'roops who shall be marri
ed and have Families andSubftances established in this
City, that they may partake of the fame Privileges as
the other Inhabitents. Ans. The Inhsbitants
shall be permitted to fell or remove their Effe&s to
sny Part of Spain, in Veflels provided st their own
Expzence, for which there fhull be given them conve
nient Psflports 5 to be underflood, that the Cfficers
who have Effeéls, on the Island fhali enjoy the {ams
Benefit granted to the Rest of the Inhabitants.
ArT. XIV. That those thall not bein the leat mo
lested for having born Arms by means of their Fidelity,
snd having been inlifted as Militia for what might
happen in the War, nor shall plander, nor any Dis
order be ellowed towsrds them by theEnglithTroops;
but on the contrary, they shall sally enjoy,befides the
Rights and Privileges of the otherSabjeéts belonging
to his Britannic Majelly, restoring without the least
impediment or Hindrance, sll the Families with
their Wealth, and Families into the City, who went
cut of it at the Time it was besieged ; that they
ihall be comprehended in the present Articles, and
tbet none of them shall have Troops qusartered on
them, but they shall be sent to Quarters provided ac
cording to the Praétice, during the Time the Spa«
niards hed Poflellion. |
Ans. Granted, excepting that in Case there thould
be a Neceflity of quartering Troops, it shall be less to
the BireClion of the Governor. All the King's Slaves
shall be delivered toPerfons eppointed to receive them,
ArT. XV. Thest sllthe Wealth that shall be found
in this City, belonging to the Merchants at Cadiz,
from the Register Ships which have arrived, in which
a!l the Europen Nations are interrefted, the Com
mandess shall have {vitable Paflposts given them, .ta
‘go away wth feid Registers, without being insulted
in their Vovage. Ans, Refufed.
Art, XVI. That the Officers who have hed the
Management, DireCticn ard Dilkribution of theßoyal
Finences, or held sny other particular Commifiion
under his CatholicMsj+fty,fhall be left in freeUle.of
ali those Pupers refpeiting their Charge, with Powey
to remit or carry them toSpsin,for thePurpofes men.
tioned ; the fame to be underfiood with Refpe& to
the Roysl Company, eficblihed in this Gity and
their other dependdnte. ™ - - T