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April 1762.

Capitulation of Martinico.

at the charges of his Britannic Majesty, a vessel, and the neceffary victualling, to carry to the Granades M. le Vaflor de la Touche, commandant-general for his Moft Chriftian Majefty of the French leeward islands in America, his lady, and all perfons with him, engaged in the King's fervice, or belonging to his household, and all their effects. -Granted, to France, the Gra nades being blocked up.

V. M. de Rochemore, infpector of the fortifications and artillery in this ifland, fhall, in like manner, be conveyed to the Granades, in the fame fhip with the perfons in his retinue en gaged in the fervice of the King, their dome ftics, and their effects. Granted, to France. VI. There shall be made, by two commiffaries, who shall be named for that purpofe, one of each nation, an exact inventory of all the ef. fects which shall be found to belong to his Moft Chriflian Majefty in the arfenals, in the magazines, upon the batteries, and, in general, of all arms, utenfils, and munitions of war, to be delivered up to the commanding officer of his Britannic Majefty.- Granted.

VII. Merchandizes, not being arms nor munitions of war, which may be found lodged in the faid magazines, or upon the faid batteries, fhall not be made a part of the faid inventory, unless it be in order to their being restored to their true owners. All military fores, and thers employed as fuch, become bis Britannic Majesty's.

VIII. All the prifoners made during the fiege, or at fea, before the fiege, of whatever nation and quality, fhall be restored on either fide; and thofe made in the citadel, if they be troops, fhall follow the fortune of the other troops; and if inhabitants, they hall follow the fortune of the other inhabitants. The troops, according to the cartel; the inhabitants will be reLeafed upon the figning of this capitulation.

IX. The free negroes and mulattoes made prifoners of war, fhall be treated as fuch, and reftored like the other prifoners, in order to their continuing to enjoy their liberty.- •All ne groes taken in arms are deemed flaves. The reft granted.

X. The Sieur Nadau Dutreil, de la Potterie, and Cornette, prifoners of ftate, fhall be like wife conducted, at the expence and in the fhips of his Britannic Majefly, to the island of the Granades, to be delivered into the hands of M. le Vaflor de la Touche. Meff. de la Potterie, and Cornette, fhall be delivered up when ta ken; but M. Nadau having had our promife (immediately upon bis being made prifoner) to procure bim a paffage to France, and to allow him a reafanable time to fettle his affairs, be has three months from the date hereof for that purpose.

XI. The ifland of Martinico fhall remain in the hands of his Britannic Majefty till fuch time as its condition shall have been determined by a treaty made between the two powers, without the inhabitants being compelled, in any cafe, VOL. XXIV.

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to take up arms, either against the King of France, or against his allies, or even against any other power.. They become fubjects of his Britannic Majefty, and must take the oath of allegiance; but shall not be obliged to take arms against bis Moft Chriftian Majefty, until a peace may determine the fate of the island.

XII. All the inhabitants of Martinico, either prefent or abfent, even thofe that are engaged in his Most Christian Majesty's fervice, as well as all religious houses, and communities, fhall be maintained and preferved in the poffeffion and property of their real and perfonal eftates, of their negroes, fhipping, and generally of all their effects, whether the faid real and perfonal e ftates, and effects, be actually in Martinico, or in any other ifland; and the flaves which have been taken from them during the fiege, fhall be restored to them. The inhabitants, as well as the religious orders, will enjoy their properties; and, as they become British fubjects, they will enjoy the fame privileges as in his Majesty's other leeward iflands. In regard to the flaves, anfwered in the 9th article.

XIII. The boats or other veffels of Martini. co, which are actually out at fea, or in neutral ports, whether they are equipped for war or not, fhall be permitted to return into the ports or roads of this ifland, upon the declaration to be made by the owners thereof, of their intending to fend them immediate orders to return, and upon their giving perfonal fecurity, that the faid veffels fhall make no attempt upon any English hip in confideration of which declaration, paflports fhall be granted them, that they may return in all fecurity.- Refufed, as foreign to the capitulation; but any applications which may afterwards be made on this head, fhall be confidered according to the rules of justice, and of war.

XIV. The inhabitants of Martinico fhall freely and publicly exercise their religion; the priests, friars, and nuns, fhall be maintained in the public exercise of their functions, and in the enjoyment of their privileges, prerogatives, and exemptions. Granted.

XV. The fuperior, as well as inferior judges, fhall likewife be maintained in their functions, privileges, and prerogatives; they fhall continue to adminifter justice to the inhabitants of this ifland, according to the laws, ordinances, cu ftoms, and uses, which have been followed hitherto: No foreigner fhall be allowed to fit in the council as a judge. But if any place in the magiftracy becomes vacant, the fuperior council of Martinico fball difpole of it provifionally only; and the perfon chofen by them, fhall perform the duties of it, till the one or the other of the two courts fhall otherwife fettle it, after that the condition of Martinico fhall have been fixed, by a treaty between them. They become Bris tik fuhjects, but shall continue to be governed by their prefent laws, until his Majefiy's pleasure be known.

XVI. M. le Baron d'Huart, commanding the
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troops and militia of this ifland, as well as M. de Bouran, major-general, shall be conveyed to the Grapades, in the fame veffel in which the royal grenadiers are to be imbarked, toge ther with their domestics and effects, as well as thofe of all the officers of the fame corps. The faid officers shall have leave to collect together the effects which are difperfed in divers parts of the illand; and the neceflary time for the reco very of them fhall be allowed them. Orders fhall be given to the inhabitants that are in debted to the officers of this corps, to pay them before their departure. The officers hall likewife be bound to discharge the debts which they have contracted in the island. They shall be sent to France. The reft granted.

XVII. All the land and fea officers, who find themselves in the island, either on actual duty, or with leave, fhall have a year's time to fettle all the affairs they may have there.- A proper time will be allowed to fuch as bave eftates upon the island, with the ufual reftrictions; and fuch as fhall have VI. de la Touche, the governor general, his leave.

XVIII. The nobility shall continue to enjoy all the privileges and exemptions which have always been granted to them. Granted; fo that it is not inconfiftent with the British laws.

XIX. The flaves that have been made free during the fiege, or to whom their freedom has been promised, shall be reputed and declared free, and they hall peaceably enjoy their state of freedom. Granted.

XX. The duties of the poll-tax, thofe of importation and exportation, and in general all the duties eftablished in this island, shall continue to be paid for the future on the fame footing as heretofore

Anfwered in the 15th article.

XXI. As it is fuitable to the glory and interefts of every prince whatsoever, to make it publicly known, that he honours, with a fpecial protection, all that bears the character of zeal, love, and loyalty for its king, it has been a greed, that the things furnished to the colony on occafion of the fiege, either before or during the fame, fuch as provifions, uter.fils, ammunition, arms, or money, fhall continue to be confidered as debts of the colony, just as they were, and ought to be, in its former ftate; confequently, that the amounts of these fupplies fhall not ceafe to be reputed as debts of the colony itfelf, and which it must fatisfy, into whatfoever bands it may pafs, through the fortune of arms; that confidering the nature and quality of thefe debts, it is of his Britannic Majelly's dignity to grant them all manner of protection; confequently, that they fhall be paid out of the first funds that fhall arife, as well from the polltax, as from the duties of importation and ex. portation on merchandises that are liable to them. To which purpose, the state of these debts fhall be fettled, and verified by M. de la Reviere, intendant of the American leeward iflands. Will be fettled by the generals on both fides, being foreign to the capitulation.

XXII. In virtue of the fame principle, and confidering the neceffity of speedily bringing provifions into this colony, it has likewife been agreed on, that such merchants of the town of St Pierre, as by orders from the intendant, M. de la Reviere, have entered into measures and engagements, to bring over hither provifions from the neutral iflands, fhall be permitted to fulfil their engagements, as well to fave them from the damage they would fuffer by its to procure to this island a more speedy fupply: confequently, two months fhall be granted them, from the day of figning these presents, to complete their undertakings. But, to avoid all a buses in this refpect, M. de la Reviere shall give a note of the nature and quantity of provifions which he had ordered to be procured from the neutrals: and as he had promised and granted an exemption of all duties on this importation, the faid exemption shall take place in the fame manner as it was promifed, and as it is actually practifed; being a profit in which the colony and the merchant have both their share. All fupplies whatever, that were engaged to be thrown into this island by any neutral power, for the support of bis Moft Chriftian Majefty's troops and colony, will be deemed legal prize, if taken by bis Britannic Majefty's fhips; and all ments with neutral powers for fuch a supply, engage made before the reduction of the island, being void, no commerce for the future can be carried on but in Britif bottoms.

XXIII. M. le Vaffor de la Touche fhall be allowed five of the inhabitants, whom he hall cause to be put on board fuch of the vellels as are to transport his Most Christian Majesty's troops. His reafons for this demand are, that it imports all the powers not to grant any protection to any one who breaks through the allegiance and fidelity a fubject owes to his king.

Cannot be allowed, as we have already granted them bis Britannic Majesty's protection.

XXIV. M. de la Reviere, intendant, and M. Guignard, commiflary comptroller of the marine, in this ifland, fhall be allowed time fufficient to fettle all the parts of their respective administration, and to do whatever is abfolutely neceffary in that respect. A ship, with provifions, fhall afterwards be furnished, at the expence of his Britannic Majefly, in order to convey to the Granades the faid intendant, his wife, children, fecretaries, and fervants, with all their effects. The faid commiflary comptroller of the marine fhall go on board the fame fhip, and fhall be conveyed to the fame ifland.- -Granted; afterwards to be fent to France.

XXV. The perfons employed in the adminiftration of the domaine of the marine, the claffes and the finances of this ifland, who shall be willing to return to France, fhall be transported thither, with their effects, in the vefiels and at the charge of his Britannic Majefly. Granted.

XXVI. The public records fhall be again forthwith

April 1762.

Acts paffed. Borthwick peerage fustained.

forthwith deposited in their proper places, and the governor for his Britannic Majefty fball grant all protection in this respect. They must be delivered to fuch perfons as the general Shall appoint to receive them.

DXXVII. With regard to any papers of ace counts, they shall be again put into the hands of the proper accountants, that they may be en abled to proceed to the rendering of their accounts, and to vouch them by fuch pieces as are neceffary for their discharge.. Granted. XXVIII. The inhabitants, merchants, and other private perfons, refident or not, fhall have leave to go to St Domingo or to Louifiana, with their negroes and effects, in cartel-fhips, at their own expence. Granted.

XXIX. If any of the grenadier foldiers shall baye a mind to remain in the island, or to make their efcape, a protection and guard shall be granted to prevent their deferting, and what remains of the faid grenadiers fhall be imbarked complete. Granted, except in particular cafes

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XXX. The merchant-fhips belonging to the French trade in Europe, which are, at this time, in the harbours and roads of this ifland, fhall be preferved to their true proprietors, with the liberty of felling them, or of clearing them

for France in ballast.

At Martinico, Feb. 13. 1762.

Le VASSOR De la TOUCHE.

XXX. Refused to all privateers and ships trading to diftant ports. Granted to fuch as trade to and from the different ports of this ifland.

Done at Fort-Royal, in the island of Martini-
co, this 13th day of February, 1762.
G. B. RODNEY.

ROB. MONCKTON.

ENGL A N D.

The King gave the royal affent, April 8.

An act to explain, amend, and reduce inzo one act of parliament, the feveral laws now in being, relating to the raising and training the militia, within that part of G. Britain called England. ·

An att for the encouragement of feamen, and the more fpeedy and effectual manning his Majesty's navy.

An act for the better fupplying the cities of London and Westminster with fish; and to reduce the prefent exorbitant price there of; and to protect and encourage filbermen. An act for rendering more effectual an act 12° Anna, intituled, An act for providing a public reward for fuch perfon or perfons as fhall discover the longitude at fea, Exix. 606.], with regard to the making experiments of proposals made for discovering the longitude.

An alt for the better preservation of the

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game in that part of G. Britain called England.

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An act for relief of the waffals of the fes veral eftates, which are, or may be, annex ed to the crown, by virtue of an act 25° Geo. II. [xiv. 161.], and for carrying the purposes of the faid act more effectually into execution; and for enforcing, and carrying into execution, fo much of an act 1° Geo. III. as relates to the paying, and discharging, the wadsets affecting the estate of Lord Lo vat.

Fourteen bills relating to roads, and other matters of police; only one of which is a Scotch one, viz...

An act for continuing and rendering more effectual an act 10o Geo. II. for continuing an act 30 Geo. I. for laying a duty of two pennies Scots on every pint of ale or beer fold within the town of Dumfries, and privileges thereof, for paying the debts of the faid town, and for building a church and making a harbour there; and for laying a duty on the tunnage of shipping, and a duty on goods imported and exported into and out of the port of the faid town, for the better repairing of the faid harbour.

And to fifteen private bills.

On the 7th of April, the house of Peers, after reading and hearing the vouchers and evidence in the cafe of the peerage of Borthwick [xxiii. 218.], unanimously gave judgment, That the title of honour belonged to Henry now Lord Borthwick, as nearest heir-male defcended of the first Lord Borthwick, who was nobilitate fome time before the year 1424; it appearing from Rymer's Fœdera, part of the evidence, that William Lord Borthwick fat upon the trial of the Duke of Lenox the 24th and 25th days of May that year.

The port of London was opened, April 29. for the free importation of foreign oats. * In the Merlin floop, lately arrived at London from Jamaica, is come Mr Harrifon junior of London, who went over in that floop, with fome machines for difcovering the longitude at fea. In their way they were obliged to touch at the Madeiras, where he had an opportunity of correcting the fhip's reckoning to the fhortest space of time; and in their run down thence, did the fame in respect of Jamaica. Certificates of which, tigned by Gov. Lyttelton, and the officers of the Merlin, have been laid before the admiralty-board. [xix. 606. xxii. 381.]

Meff. Mafon and Dixon, fent to the Eaft Indies by the royal fociety [xxii. 607.] to obferve the late tranfit of Venus, a Gg 2

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ver the Sun returned to London before the middle of April with their obfervations, for which they received the thanks of that learned body.

The King of Naples has prefented to the universities of Oxford and Cambridge, to each a copy of the third volume of an account of the antiquities difcovered at Herculaneum. [xvii. 47. 152.].

Three new machines have been lately. brought from abroad, which, if approved. of, are to be made ufe of on board fhips. It is probably of these machines that the following account is given. "The ftates of Holland have granted to one M. de Liniere an exclufive privilege for twenty-five years, for a pump, which, upon trial on board a Dutch man of war, in the prefence of the commiffioners of the admiralty, being worked by three men, raifed, from a depth of twenty-two feet, four tuns of water in a minute, that is, 240 tuns in an hour. By the ordinary pumps, in a first-rate ship, five or fix men can hardly raise 30 tuns of water in an hour. Such is the ftate of the fact as published in Holland."

The Marquis of Granby having found the cross belts of the foldiery very inconvenient and fatiguing in marching, or in action, has, upon a representation to the Lord Ligonier, obtained an order for the troops in Germany to carry their car. touch-boxes in front with a belt. The Marquis has likewife obtained new cloathing for the troops, with an additional quantity of linen and stockings.

Adm. Hawke arrived at Portsmouth, April 26. and next morning bis flag was hoifted on board the Superb at Spithead. Advice is received, that feven men of war, which about three months ago fail, ed fuddenly from Portsmouth, are arrived off Jamaica, under the command of Sir Piercy Bret, who has joined Com. For rest.

Towards the end of April, numbers of people in London were affected by colds, which attacked them with violent pains in the ftomach, head, and bones;-on which the two following papers have been publifhed.

"To be clearly understood, let us feek the cause of the diforder which is now become epidemical. In the beginning of April, the weather was remarka. bly hot the fun had great power, which left a warmth upon the earth; people therefore, in thefe fumirer-like days, forgot the leafen of the year, and per

fuaded themselves it really was fummer. In confequence of which, fome lightened their apparel; others fat in cool rooms without fires; and probably, after bask ing themselves in the fun without doors, threw the chamber-windows open, to give themselves a little fresh air. And this fresh air was the cause of thefe complaints, which almost every family is afflicted with. In many where I attend, they have not one perfon fit to do bufinefs. The fharp eafterly winds have continued ever since for although the vane has now and then pointed towards the fouth, it quickly veered about again; neither is there any probability of its fixing there, until the winds go round the north-west points. The fharp eafterly winds taking us fo much off our guard, have attacked us on every fide, and if they do not quickly fhift into fome more favourable points, and fuffer the rains to come down, the confequences will be terrible. I have mentioned these circumftances, that people may be enabled to judge how to act prudently; and by pointing out the enemy, they will have it in their power to guard against it. The infection is in the air; therefore the country is worfe than London, because they are more exposed; and, indeed, the melancholy ac counts from all parts convince us of it. It is highly imprudent to fit in a room without a fire: by warming the room you rarefy the air, and confequently dif arm it of its poisonous quality. People fhould lie warm; particularly take care about the head; and if a bafon of barley-water, with two or three tea spoonfuls of rum in it, is drank at bed-time, it may probably produce a gentle fweat, which will be ferviceable. Care fhould be taken that the body be not costive.— Small liquors fhould be frequently drank, warm; weak chicken or veal broth feem calculated to do good, their soft lubricating quality will beft defend the throat and breaft against the malignancy of the winds; and I would recommend a clove to be kept in the mouth by thofe who are under a neceffity of going into the air. I have given these hints to the circle of my acquaintance, and flatter myself fome have thereby escaped. I am, &c. HUGH SMITH, NewgateStreet, April 30."

Norwich, March 27. Having an occafion to take a journey a few miles from this place, the day after the chil ling form of now and wind had de

stroyed

April 1762.

Fleas found among fnow.

221

ftroyed fo many lives, as we are told ought to be an obftacle to any kind of ge by the news-papers, I perceived on the neration. However, the fact of this exroad, that the fnow which covered the iftence of fleas in the fnow is certain." ground, was interfperfed in feveral parts Univ. Mag. with little black points, as if foot re. duced to a fine powder had been strewed about; at leaft, it appeared to me fo on horfeback; and I obferved the fame thing as I rode by fome thickets of trees and fhrubs, and on fome plowed fields. Being curious to know what it really was, I defired the fervant that accompanied me to alight, and examine into the fnow by a clofer view. He told me that the black points which I perceived were fleas; and, having taken up and fhewn me a handful of the fnow, I was furprised to fee it full of them. I then difmounted myself, and

faw a prodigious number of them in different parts, and jumping way, to avoid, as it were, being caught. Several were buried deep in the fnow, but all alive. When I came to my journey's end, having reported this strange phenomenon to the gentleman I had business with, he Lold me, that fome years ago he had obferved the fame thing himself in fome fnow which had fallen, and was pretty deep; and that at another time he had feen worms in fnow, but could give me no juft idea of their form. When I came ! home, I was willing to push my inquiries farther, and to fee if natural hiftory could furnish me with any inftance of the kind; for indeed it must be aftonishing, that a nimalcules, fuch as fleas, fhould be ingendered during the rigour of winter. Different authors pretend, that there is a principle of heat in fnow; and that, when this heat is augmented by that of the external air, it produces a fort of fermentation or putrefaction, which afterwards causes the generation of worms. Gafpar Schottus, in his 7th book of Natural Curiofities, feems to be perfuaded, that there is really in fnow a great quantity of air and fpirit, fit for favouring and preferving the generation of animalcules. It is true, fome fort of heat, which we cannot well account for, the weather be ing then very fharp, must have produced thefe fleas; but it does not feem very pro bable, that fnow, whatever principle of heat it may be fuppofed to have, can ever produce of itself fuch infects; because a certain degree of heat is required for ge, neration; and though now, may be laid to be not abfolutely deftitute of heat, yet, its interfices being all permeable to air, the coolness thereof, I should think,

St James's, April 6. The following addrefs, of the Commiffion of the General Affembly of the Church of Scotland, has been prefented to his Majefty by the Rev. Dr John Hyndman, Moderator of Church, and the Rev. Mr Duncan Macthe last General Affembly of the faid farlan, one of the Minifters thereof, deputies, for that purpose, from the faid Commillion; who were introduced by the Earl of Bute, one of his Majesty's principal fecretaries of state.

May it pleafe your Majefty,
WE your Majefty's most dutiful and

loyal fubjects, the Minifters and Elders, met in the Commiffion of the General Affembly of the Church of Scotland, embrace, with joy, this first opportunity of congratulating your Majefty upon the happy event of your marriage, with a princefs of illuftrious birth and most amiable qualities. Attached to your Majesty by affection as well as duty, we rejoice in every circumstance which can add to your fatisfaction. Senfible of the felicity which we ourselves have enjoyed under your Majefty's gracious government, we could form no better wish for our pofte rity, than that the fame bleflings might be tranfmitted to them, and that they too might live under Kings, who fear God and love their people. To your Majefty's tender concern for the welfare of your fubjects, we are now indebted for the profpect of having this with comple ted; and diftant ages, we truft, ihall enjoy liberty and happiness under the mild administration of your defcendents.

While we exprefs our own gratitude and joy, permit us to add, that the fame dutiful and loyal sentiments animate all the members of this national church. Our daily intercourfe with our people affords us the best opportunity of knowing their fenfe of the bleflings which they enjoy. It is with peculiar fatisfaction we affure your Majefty, that as they partici pate of the fame advantages with the reft of your fubjects, they yield to none of them in attachment to their gracious fovereign, and in veneration for that wife conftitution, from which they derive their prefent happiness; and if your Majefty, in the courfe of this war, which your e nemies, blinded with envy and anibition,

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