The New Hampshire Gazette

ARTICLES of CAPITULATION,

agreed on between Sir George Pocock,

Knight of the Bath, and Admiral of the

Blue; and the Earl of Albermarle, Com-

mander of His Britannic Majesty's Troops;

and the Marquis del Real Transporte,

Admiral of his Catholic Majesty's Squa-

dron; and Don Juan de Prado, Go-

vernor of the Havannah, on the Part of

his Catholic Majesty, for rendering up

the Garrison and Spanish Ships in the

Port, belonging to the Havannah.

PRELIMINARY ARTICLE.

The Land and Point Gates shall be deliv-

ered to his Britannic Majesty's Troops,

To-morrow the 13th of Aug. at Noon, as

which Time the following Articles of Capitu-

lation shall take Place.

ARTICLE I.

The Garrison, comprehending besides

the Troops belonging to the Artillery

and Dragoons, the Militia of all the

Places on this Island, shall march out of

the Port Gate, on the 20th Inst. (if

there does not arrive before Relief (suf-

ficient to raise the Siege) with all military Honours,

with their Muskets shouldered, Drums beating, and

Colours flying, six Pieces of Cannon with 12 Charges

for each, and as many for each Soldier, and three Re-

giments shall carry with them the military Chests:

besides which the Governor shall have 6 covered Wag-

ons which shall in no Manner be permitted to be

registered, under any Pretence.

Answer. The Garrison, consisting of the Regu-

lar Troops and the Dragoons, who shall leave their

Horses for his Britannic Majesty's Service, in Consi-

deration of the vigorous and brave Defence of the

Morro Castle and the Havannah, shall march out at

the Point Gate, with two Pieces of Cannon, and 6

Charges for each Cannon, and the same Number for

each Soldier, with Drums beating, Colours flying,

and all military Honours; the military Chest refused;

the Governor shall have granted as many Barges as

are necessary to transport his Equipage and Effects

on board the Ship destined for him; all the Militia,

as well in the City as out of it, shall deliver up their

Arms to his Britannic Majesty's Commissary, who

shall be appointed to receive them.

Art. II. That the said Garrison shall be permitted

to carry out of this City, all their Goods, Equipages

and Money, to some other Place on the Island: for

which Purpose, Horses and Carts correspondent, shall

be permitted to go in and out, with his Catholic

Majesty's civil and military Officers, and the Direc-

tors of the royal Finances, which shall be elected im-

mediately after marching out of the City.

Ans. The Officers belonging to the said Garrison,

shall be permitted to carry with them, all their Effects

and Money, on board the Ships that are destined to

his Britannic Majesty's Coast, in order to transport

the Garrison to the nearest Spanish Port; the Inten-

dant of the Marine, Commissary of War, and those

entrusted with his Catholic Majesty's Wealth shall

have Liberty to leave the Island if they are desir-

ous, as soon as they have delivered their Accounts.

Art. III. The Marine Soldiers and Crews of the

Ships remaining in the Port that have served ashore,

shall partake of the same military Honours as the

Garrison of the Place, and shall with them be put on

board the said Ships, to be conducted with his Ca-

tholic Majesty's Admiral, with all their Equipage

and Money, to some other of the Spanish Dominions.

with this express Condition, that in their Navigation

to it, they will not attack or molest any of his Britan-

nic Majesty's Squadrons or single Ships, nor any that

shall belong to his Allies, nor any of his particular

Subjects; neither shall they be attacked by any of his

Britannic Majesty's Squadron or Ships, nor by any of

his Allies, or particular Subjects, that they shall have

Liberty to embark in said Squadron the Troops and

Crews, with their Land and Sea Officers, and other

Individuals their Dependants, with the Wealth that

shall be found in the City, belonging to his Catholic

Majesty: with the Money and other Possessions in

Specie of Silver, Gold, or any other thing belonging

to the Marquis or any of the Officers of the Marine,

granting all necessary Assistance for the Preservation

of them, and those belonging to Ships, and for sup-

plying them from his Christian Majesty's Stores, with

what they may stand in need of at the Time of going

away, satisfying for the same at the current Price of

the Country:

Ans. The Marquis Real Transporte, with his Offi-

cers, Seamen and Marines, Soldiers being Part of the

Garrison, shall be treated in the same Manner as the

Governor and regular Troops. All the Ships in the

Port of the Havannah, and all the Silver and Effects of

whatever Specie, belonging to his Catholic Majesty,

shall be delivered to the Person whom Sir George

Pocock shall name to receive the same.

Art. IV. That there shall be an Inventory taken

of all the Artillery, Utensils and Ammunition of War

belonging to his Christian Majesty, excepting those

that belong to the Squadron, in the Presence of four

of his Christian Majesty's Subjects of the Governor's

Domination, and four of his Britannic Majesty's Sub-

jects, chosen by the Earl of Albermarle; who shall re-

main in Possession of the Whole, till both Sovereigns

shall otherwise determine:

Ans. All the Artillery, and whatever Specie of Arms

and Ammunition of War, shall be delivered to Persons

named by the Admiral and General.

Art. V. That in Respect to his Excellency the

Marquis Superunda, late Viceroy of the Kingdom of

Peru, and Don Diego Tavares, late Governor of

Carthagena, who with their Families were accidentally

here on their way to Spain, they shall be comprehend-

ed in this Capitulation, and be left in free Possession

of their Equipage, and all other Effects belonging to

them, and providing their Passage to Spain with all

possible Accommodation.

Ans. The Marchioness of Superunda, Viceroy of Peru-

and Don Diego Tavares, late Governor of Carthage-

na, shall be conducted to Spain in the most commodi-

ous Manner that the Shipping will permit of, accord-

ing to their Dignity and Character, with all their

Effects, Plate, and Servants, at the most convenient

Time.

Art. VI. That the Catholic Religion shall be per-

mitted and preserved in the same Conformity it has

been hitherto used under his Catholic Majesty, with-

out the least Impediment in all the public Forms that

are used both within and without the Churches, and

the Festivals solemnized therein shall be observed

with the same Veneration as formerly; and all Ec-

clesiastics, Convents, Monasteries, Hospitals, Com-

munities, Universities, and Colleges, shall remain in

free Enjoyment of their Rights and Privileges, Rents,

moveable Goods and Cattle, as they have hitherto

done.

Answer, Granted.

Art. VII. That the Bishop of Cuba shall equally

enjoy the Rights, Privileges, and Prerogatives belong-

ing to him for the Direction and spiritual Mainte-

nance of the faithful Catholics, the Nomination of

Parish Priests, and other necessary Ecclesiastical Mini-

sters, with the Exercise of Jurisdiction thereto annexed,

and free Perception of Rents and Provision cor-

respondent to his Dignity, which shall likewise ex-

tend to the other Clergy in Regard to the Tythes and

other Incomes for their mutual Support.

Ans. Granted, with this reserve, that the Nomi-

nation of Curates and others, shall be with the Appro-

bation of his Britannic Majesty's Governor of the

Place.

Art. VIII. That in the Monasteries of Franciscan Nuns,

the interior Government shall be observed as

formerly, with Subordination to their lawful

Superiors, according to their particular Institution,

without the least Variation. Ans. Granted.

Art. IX. That in the same Manner in which the

effective Wealth that shall be found in this City be-

longing to his Christian Majesty, shall be embarked on

board the Men of War that remain in this Port, in

order to be Transported to Spain; all the Tobacco

likewise belonging to his Christian Majesty, & that shall

be permitted the same Sovereign to buy, though in

Time of War, of the Growth of this Island, in the

District thereof subject to the King of Great Britain,

at the current Prices, and free Leave to Transport them

to Spain, in our own or foreign Vessels; and for the

more convenient stowing & preserving them, the Mills,

Warehouses, and other Officers, destined for those

Purposes shall be appointed, and proper Persons shall

be maintained for taking Care of the same.

Ans. Refused.

Art. X. That in Consideration of this Port being

conveniently situated for the Assistance of those that

navigate these Parts of America, as well Spaniards as

English; it shall be reputed as a neutral Port for the

Subjects of his Catholic Majesty, who shall be permitted

to go in and out without any Hindrance or Insult, to

procure necessary Refreshments, and repair their Vessels,

paying the prices current for the same, their Navigation

to be limited from the Capes of Catoche on the

Coast of Campeche and St. Anthony, to the West of

this Island, & from the Sound of Tortuga to this Port,

and from thence to the Latitude of 23 North, till their

Catholic and Britannic Majesties shall otherwise de-

termine.

Ans. Refused.

Art. XI. That all the Inhabitants and Mechanics

of this City shall remain in free and quiet Possession

of their Trades & Political Employments, therein hold-

ing their Property as well as their Wealth and other

Goods, Cattle and Moveables, of whatever Condition

they may be of, without being obliged to contribute,

upon any other Terms than those required by his

Catholic Majesty.

Ans. Granted, and they shall

be permitted to continue following their respective

Occupations, as long as their Conduct gives no Mo-

tive to the Contrary.

Art. XII. That the same shall preserve and keep

their Rights and Privileges which they have to this

present Time enjoyed; and shall be governed in the

Name of his Britannic Majesty, under the same Laws,

Administrations of Justice and Conditions which they

had been in the Time of the Spaniards, and that shall

of themselves name their Judges and Justices, accord-

ing to their own Use and Customs.

Ans. Answered in the foregoing.

Art. XIII. That whoever of the Inhabitants that

are not willing to continue in this City shall be per-

mitted to carry away freely their Wealth and Riches,

in the Specie most convenient, to sell their Effects, or

leave them in Administration, and transport them with

themselves to the Dominion of his Catholic Majesty,

which they choose; granting them for that End the

Space of four Years, and providing them armed Vessels,

which they shall either buy or Freight, for conducting

them with Passports and other necessary Papers, for

their Security against the Moors and Turks, with this

express Condition, that they shall not be employed a-

gainst the Subjects of his Britannic Majesty, nor their

Allies, which they shall not insult nor molest; & that

under this & the two foregoing Articles shall be com-

prehended all his Catholic Majesty's Officers, both Land

and Sea, and Officers of the Troops who shall be marri-

ed and have Families and Substances established in this

City, that they may partake of the same Privileges as

the other Inhabitants.

Ans. The Inhabitants

shall be permitted to sell or remove their Effects to

any Part of Spain, in Vessels provided at their own

Expense, for which there shall be given them conve-

nient Passports: to be understood, that the Officers

who have Effects on the Island shall enjoy the same

Benefit granted to the Rest of the Inhabitants.

Art. XIV. That those shall not be in the least mo-

lested for having borne Arms by means of their Fidelity,

and having been enlisted as Militia for what might

happen in the War, nor shall plunder, nor any Dis-

order be allowed towards them by the English Troops;

but on the contrary, they shall fully enjoy, besides the

Rights and Privileges of the other Subjects belonging

to his Britannic Majesty, restoring without the least
nimpediment or Hindrance, all the Families with

their Wealth and Families into the City, who went

out of it at the Time it was besieged; that they

shall be comprehended in the present Articles, and

that none of them shall have Troops quartered on

them, but they shall be sent to Quarters provided ac-

cording to the Practice, during the Time the Spa-

niards had Possession.

Ans. Granted, excepting that in Case there should

be a Necessity of quartering Troops, it shall be left to

the Direction of the Governor. All the King's Slaves

shall be delivered to Persons appointed to receive them.

Art. XV. That since the Wealth that shall be found

in this City, belonging to the Merchants at Cadiz,

from the Register Ships which have arrived, in which

all the European Nations are interested, the Com-

manders shall have suitable Passports given them, to

go away with said Registers, without being insulted

in their Voyage.

Ans. Refused.

Art. XVI. That the Officers who have had the

Management, Direction and Distribution of the Royal

Finances, or held any other particular Commission

under his Catholic Majesty, shall be left in free Use of

all those Papers respecting their Charge, with Power

to remit or carry them to Spain, for the Purposes men-

tioned: the same to be understood with Respect to

the Royal Company, established in this City and

their other Dependants.
Art. All the public Papers shall be delivered to
the Secretaries of the Admiral and General to be ex-
amined, which shall be returned to his Catholic Ma-
jesty's Officers, except they should find them Ne-
cessary for the good Government of the Island.

Art. XVIII. That the public Archives Shall re-
main in the Possession of the Officers who have them
in Charge, without the least Diminution of the Pa-
pers and Instruments therein contained, which would
be a vast Prejudice to the Right of the Public, Private,
and Particular.

Answered in the foregoing Articles.

Art. XVIII. That the Officers and Soldiers that
are in the Hospital shall be treated in the same Man-
ner as the Garrison ; and when recovered, shall be

provided with Carriages or Vessels to convoy them

where the rest of the Garrison shall be with all Things
necessary for their Subsistence and Security in their

Voyage, mean while they shall be furnished with Pro-
visions and Medicines as are needful by the Sur-
geons of said Hospitals, who with their Dependants
shall be comprehended in this Capitulation.

Ans. Granted ; the Governor having Commissaries
sufficient to supply them with Provisions; Surgeons
and Medicines necessary at his Catholic Majesty's Cost,
whilst they remain in the Hospital.

Art. XIX. That the Prisoners made on both sides
from 6th of June, being the Day the English Squadron
appeared off this Port, shall be reciprocally restored.
without releasing any in two Months time ; in respect
to those that have been sent out of the City to other
places on the Island for want of a proper place to
confine them in, or before according as they shall arrive.

Ans. This Article cannot be concluded on till
the British Prisoners are delivered up.

Art. XX. The articles of this capitulation being
agreed on and agreement on both sides to comply
with the same, the port gate shall be delivered to his
Britannic Majesty's troops, who shall place a Guard
there, another consisting of the garrison of the place,
till the evacuation shall be completed, the Earl of
Albemarle will be pleased to order some Soldiers to
be sent to guard the churches, convents, and Gene-
rals houses, and other inhabitants that shall be em-
ployed.

Ans. The number of safe guards requested for the
security of the churches, convents and other places.
shall be granted, the rest is answered in the prelimi-
nary article.

Art. 21. That the governor and commandant of
the squadron shall dispatch vessels with advice to his
catholic majesty, and to other parts they shall think
most convenient, to whom shall be granted passports
for their security in their voyage.

Ans. As the troops are to be sent to Spain, other
advice would be superfluous.

Art. XXII. That in attention to the vigorous de-
fence made of the castle, the garrison shall be included.
ed in this capitulation, and enjoy the same honors as
those of the town, and shall march out at one of the
most convenient breaches.

Granted.

Art. XXIII. That this capitulation shall be strictly
observed and literally, without interpretation,
whereby the contrary may not under any pretence
of any of the articles not being complied with make
reprisals.

Granted.

At the Head Quarters at the Havannah, the 13th
of August, 1762.

GEORGE POCOCK,
ALBEMARLE.
MARQUIS DEL REAL TRANSPORTE,
JUAN DE PRADO.

Return of the Guns, Mortars and principal Stores, found in the Morro Castle, and City of Havannah. Brass Ordnance of different dimensions, Iron ditto, Mortars, (9 Brass and 2 Iron) • Powder, Quintals Muskets, of different callipers. Hand Granados, fixed, Musket Ball, Quintals, Shells, Empty, of forts, Round Shot, different sorts, ○ Musket cartridges, filled, in the city,

102 249 11 537 4175 500 30 460 16 404 125,000