A treaty and convention, for the sick, wounded and prisoners of war, of the land forces of His Majesty The King of Great-Britain, and of His Most Christian Majesty. — Treaties, etc. Great Britain, 1759, Feb. 6.

A treaty and convention, for the sick, wounded and prisoners of war, of the land forces of His Majesty The King of Great-Britain, and of His Most Christian Majesty. — Treaties, etc. Great Britain, 1759, Feb. 6.

Table of contents

Title page

A TREATY AND CONVENTION, &c.

ART. I.

ART. II.

ART. III.

ART VI.

ART. V.

ART VI. POSTS and OFFICERS serving in the armies and garrisons of His Majesty the King of GREAT-BRITAIN.

ART. VII. HORSE and GRENADIER GUARDS.

ART. VIII. FOOT GUARDS.

ART. IX. INFANTRY.

ART. X. CAVALRY.

ART XI. DRAGOONS.

ART. XII. ARTILLERY.

ART. XIII. Royal Regiment of ARTILLERY.

ART. XIV. MINERS.

ART. XV. ENGINEERS.

ART. XVI. Militia, Independent Troops and Companies, &c.

ART. XVII.

ART. XVIII.

ART XIX.

ART. XX.

ART. XXI.

ART. XXII.

ART XXIII.

ART. XXIV.

ART. XXV.

ART. XXVI.

ART. XXVII.

ART. XXVIII.

ART. XXIX.

ART. XXX.

ART. XXXI.

ART. XXXII.

ART. XXXIII.

Separate ARTICLE.

§

§

[Page]

[Page]

A TREATY AND CONVENTION, FOR THE Sick, Wounded, and Prisoners of War, OF THE LAND FORCES of His Majesty The KING of GREAT-BRITAIN, AND OF His Most CHRISTIAN MAJESTY.

PHILADELPHIA: PRINTED BY JOHN DUNLAP. MDCCLXXVII

A TREATY AND CONVENTION, &c.

[Page]

WE, HENRY SEYMOUR CONWAY, Major General of His Majesty's Forces, Colonel of a Regiment of Horse, and Groom of His Majesty's, Bed-chamber.

IN the name of His Majesty, the King of Great-Britain, by virtue of the full powers given to Us,

MAKE KNOWN, That we have agreed upon the articles hereafter specified to have their full force and entire execution, between the troops of their Britannic and Most Christian Majesties, in whatever part of the world the belligerant or auxiliary armies of the two nations may be; and have concluded the present treaty accordingly, by virtue of the full powers respectively communicated, as follows.

ART. I.

ALL prisoners of war, of what quality, sort or condition soever, without any exception, made during the present war between the land forces of the two powers, in what country soever it may be, shall be exchanged, or ransomed within the [Page] space of one month, to commence from the day of signing the present cartel, as is more fully explained in the 24th article. And the Generals commanding the belligerant or auxiliary armies, in what part of the world soever it may be, shall agree upon a place where the first exchange or ransom shall be made, of the prisoners to be on each side reciprocally delivered.

ART. II.

ALL prisoners of war of the said troops without any exception, who shall be made on either side after the first exchange or ransom, shall be sent back bona fide, fifteen days after their detention, or as soon as may be, by exchange of prisoners of like ranks or equal value, or others making compensation for the difference, or shall pay their ransom upon the terms hereafter mentioned, viz. in German florins, at the rate of sixty kreutzers each, making two livres, ten sols, French money, or two shillings and two pence farthing English.

ART. III.

A REGISTER book shall be kept of the prisoners made by the belligerant and auxiliary armies, in which the numbers sent back on each side in every month shall be specified, in order that upon the first day of every subsequent month, there may be transmitted on each side, a list of those who shall have been received and returned, in order that within eight days afterwards, the exceeding numbers which one side may owe to the other may be exactly and without difficulty paid. The advance money which shall have been made to the prisoners, [Page] shall also be then reckoned, that it may be re-imbursed at the same time, and all accounts settled and discharged without being carried to the next month. And upon the first exchange or ransom of prisoners on each side, the advances which may have been made to them, shall be liquidated according to true lists which shall be produced.

ART VI.

As often as prisoners shall be sent back on either side, a list shall be sent with them, and delivered to the commanding officer at the place to which they shall have been conducted, who shall give a receipt specifying the numbers and ranks of those he receives, in order to be accounted for every month, as is above mentioned.

ART. V.

AND to the end that no difficulty or dispute may arise, either with respect to the posts or ranks of officers on either side, or to the ransoms which ought to be paid for each of them, it has been thought proper to specify the posts and ranks which are in the belligerant and auxilliary armies, and to fix the prices of them as follows.

ART VI. POSTS and OFFICERS serving in the armies and garrisons of His Majesty the King of GREAT-BRITAIN.

| German Florins.
Captain-General, or Field-Marshal | 25,000
General, commanding in chief | 20,000
General of Horse and Foot | 10,000
[Page]Lieutenant-General | 5,000
Master of the Ordnance | 6,000
Major-General | 1,500
Commissary-General | 3,000
Deputy Commissary-General | 250
Adjutant-General | 500
Deputy Adjutant-General | 100
Quarter-Master-General | 500
Deputy Quarter-Master-General | 100
Major of Brigade | 150
Aids de Camp | 150
Deputy Pay-Master-General | 250
His Deputy, or Principal Commis | 150
Other inferior Commis or Assistants | 50
Brigadier | 900
Waggon-Master-General | 50
Captain of the Guides | 50
Proveditor, or Assistant to the Quarter-Master General, Commissary General, Waggon-Master-General, or Captain of the Guides | 25

ART. VII. HORSE and GRENADIER GUARDS.

| German Florins.
Captain of a troop of Horse-Guards | 1,000
Captain and Colonel of a troop of Grenaider-Guards | 1,000
First Lieutenant of Horse-Guards | 600
Lieutenant and Lieutenant-Colonel of Grenadier-Guards | 600
Second Lieutenant of Horse Guards | 500
Major of Grenadier-Guards | 500
Cornet of Horse-Guards | 500
[Page]Adjutant of Horse-Guards | 150
Guidon of Horse-Guards | 300
Exempts of Horse-Guards | 250
Lieutenant and Captain, or Guidon of Grenadier-Guards | 250
Brigadiers of Horse-Guards, or Sub-Lieutenant of Grenadier-Guards | 150
Adjutant of Grenadier-Guards | 125
The Sub-Brigadiers, Quarter-Masters, Serjeants, Corporals, Trumpeters, Kettle-Drummers, Drummers, Hautboys, and Private Men, as well of the Horse-Guards as Grenadier-Guards, shall pay one month of their pay.

ART. VIII. FOOT GUARDS.

| German Florins.
Colonel of Foot-Guards | 1,500
Lieutenant Colonel | 750
Major | 300
Captain | 150
The Lieutenants, Quarter-Masters, Adjutants, Ensigns, and others, down to the Private Men inclusive, shall pay one month of their pay.

ART. IX. INFANTRY.

| German Florins.
Colonel | 600
Lieutenant-Colonel | 300
Major | 120
Captain | 70
[Page]Adjutant | 30
Quarter-Master | 30
Lieutenant | 24
Second Lieutenant, or Ensign | 20
Serjeant | 10
Corporal, Drummer, Fifer and Private Men | 4

ART. X. CAVALRY.

| German Florins.
Colonel | 700
Lieutenant-Colonel | 300
Major | 150
Captain | 100
Lieutenant | 40
Adjutant | 40
Cornet | 30
Quarter-Master | 14
Kettle Drummer, and Trumpeter | 10
Corporal, Farrier, and Trooper | 7

ART XI. DRAGOONS.

The Colonel, Lieutenant-Colonel, Major and Captain, shall pay their ransom, as officers of Horse; all below the rank of Captain, down to the private dragoon (inclusive) shall pay as the Foot.

ART. XII. ARTILLERY.

| German Florins.
Lieutenant-General of the Artillery | 700

[Page]The Commissaries and other officers, as also the Cartwrights, Wheelwrights, Harness-makers, Fire-workers, Smiths and Farriers, shall pay one month of their pay.

ART. XIII. Royal Regiment of ARTILLERY.

The Field-officers and other officers of the Royal Regiment of Artillery, shall be treated and pay according to their rank as officers of Foot, and the Bombardiers, Gunners and Matrosses, as soldiers in the regiments of Foot.

ART. XIV. MINERS.

Both officers and soldiers shall pay one month of their pay.

ART. XV. ENGINEERS.

| German Florins.
Chief Engineer | 150
Principal Engineer in armies or places | 75
All other Engineers | 50
Overseers of fortifications | 25
Other Assistants | 15

ART. XVI. Militia, Independent Troops and Companies, &c.

All Militia, or Provincial regiments, as likewise all free or independent troops or companies, whether of Horse, Dragoons or Foot, shall be treated and pay ransom, as well officers as private men, according to their ranks, in the same manner [Page] as the regular troops of the same kind and denomination respectively.

ART. XVII.

THE GOVERNORS, Lieutenant-Governors, Commandants, Majors, Adjutants and Capitaines des Portes de Place, shall on each side pay one month of their appointments for their ransom; and if it happens that they have other posts from which greater appointments actually accrue to them, they shall pay upon the footing of those appointments: And for as much as some Lieutenant-Governors, Commandants, or Majors of Places, may not have any appointments in those posts, their ransoms shall be regulated upon the foot of the highest post they hold.

ART. XVIII.

ALL those who have different posts shall pay their ransoms upon the footing of the highest post they hold, and in proportions thereto shall be exchanged, or shall pay their ransoms, without any officer made prisoner on either side being obliged to be exchanged, or pay ransom upon an higher footing than of the rank in which he was employed in the army, or in places.

ART XIX.

ALL other officers who may have been omitted in this cartel, shall be released as above-mentioned, paying one month of their appointments; and if any disputes relating to the qualities or appointments of ony officers made prisoners, should arise, they shall be determined on both sides by a certificate from the General of the army, Commandant of the province, or Governor of the nearest place.

[Page]

ART. XX.

NO reduced officers shall pay more than one month of the appointments they enjoy.

ART. XXI.

THE voluntiers serving in the armies who have no rank, shall be immediately returned on both sides, and shall have the liberty of continuing to serve in the armies to which they belong; but those who have rank shall be exchanged as the troops of the said armies.

ART. XXII.

THE Provost-General, his Lieutenants, and other Officers and Gardes de la Connêtablie; the Auditor-General, his Lieutenant, the Judge Advocate and others; the Directors, Secretaries, and Clerks of the War-Office; Secretaries to the Generals, and Intendants to the Treasurers, to the Commissaries General, and other Secretaries; the Chaplains, Ministers, Post Masters, their Clerks, Couriers and Postillions, Physicians, Surgeons, Apothecaries, Directors, and other officers serving in the hospitals or armies; the Masters of the Horse, Stewards, Valets de Chambre, and other servants, shall not be subject to be made prisoners of war, and shall be sent back as soon as possible.

ART XXIII.

THE footmen made prisoners shall be returned on each side without any difficulty. Those who shall desert without taking any thing or robbing in the army they leave, may enjoy such passport as shall be given them. With regard to thieves, what they steal is always to be restored, without their being sent back, but it shall be left to the [Page] respective Generals to do it if they think fit in cases of murder or assassination.

AS to robberies committed by soldiers who desert, what is stolen shall be restored without its being required under any pretence whatever that the deserters shall be returned; each side leaving it to the will of the respective Generals to return them or not, when they may have committed murders or other crimes.

ALL deserters, servants, or others, who shall go over from one side to the other, shall be stopped at the first posts, where the officer commanding shall be careful to have them searched, and cause an account to be taken in writing of the effects they have with them, not permitting them to sell or give any thing away, after which he shall cause them to be conducted to his General, where the said deserters, servants or others, shall be detained during three days, in order that if they should be found to have robbed, there may on each side be time for reclaiming them.

ART. XXIV.

THE exchanges and ransoms of prisoners, as well the first as the subsequent, shall be made man for man, and officer for officer, of equal posts, till there shall be no more of the like rank remaining in the armies or prisons, and after all the said exchanges shall have been made of the officers that shall be found, officer for officer, and of troopers, dragoons, and soldiers, for as many men of the like sort; if it then be found that one of the two parties hath still remaining more officers than soldiers, or more soldiers than officers, it shall be allowed to give officers for troopers, dragoons, or soldiers, according to the tarif inserted in the [Page] present cartel; and if after all the exchanges shall have been made in the above manner, one of the two parties find they have still prisoners remaining, whom they may not have been able to have exchanged, the other party may have them again, paying for the ransoms, and to this effect an account shall be drawn up and delivered on each side, of the numbers and qualities of the prisoners which shall have been made, as well in battles and rencounters, as in the cities, forts and places which shall have been taken.

ART. XXV.

THERE shall be given to each prisoner of war a ration of bread, such as the said troops receive, and three kreutzers and three fifths of a kreutzer, making one penny and twenty-three fortieths of a penny English, or three sols French every day. It shall be respectively allowed to send them succours, and each General commanding the armies shall have liberty to cause an Officer or Commissary with a passport to be stationed in the places where the said prisoners shall be kept, in order to have the care of the succours that shall be given them.

AN account shall be made out each month of the bread that shall have been delivered to the prisoners on each side, in order that what shall appear due on either part, may be reimbursed without difficulty, at the rate of two kreutzers, and one third of a kreutzer, each ration making one penny and one fiftieth of a penny English, or twenty three deniers and one third of a denier French.

AN account shall also be made out at the end of each month, of the sums furnished on each side, [Page] for the advance agreed on for the subsistence of each prisoner; and the said sums received on either part shall be paid as above; promising reciprocally to keep the prisoners in proper places with good straw, and to let then have fresh every week.

ART. XXVI.

THAT care shall be taken of the wounded on each side, that their medicines and food shall be paid for; that the expence shall be made good on either side; that it shall be allowed to send them Surgeons and their servants with passports from the Generals; that moreover those who shall have been made prisoners, as well as those who were not, shall be sent back under the protection and safeguard of the Generals, with liberty of being conveyed by land, or by water, according to the best conveniencies and accommodations of the places where they may be, and by the shortest routs, on condition that those who have been made prisoners shall not serve till they are exchanged or ransomed.

ART. XXVII.

THAT the sick on each side shall not be made prisoners, that they shall remain in safety in the hospitals, where it shall be free for each of the parties at war, or auxiliaries, to leave them a guard, which as well as the sick, shall be sent back with passports of the Generals respectively by the shortest rout, and without being molested or stopped.

IT shall be the same with regard to Commissaries, Chaplains, Physicians, Surgeons, Apothecaries, men servants attending the hospitals, women servants or other necessary persons for the sick, who cannot be deemed prisoners, and shall likewise be sent back.

[Page]

ART. XXVIII.

THE safeguards shall enjoy on both sides a perfect security, and in case they shall be found too near the armies, they shall be sent back, without receiving the least violence or ill treatment.

ART. XXIX.

THE prisoners shall not in any manner be forced to enlist.

ART. XXX.

THE prisoners shall be permitted to give notice of their being detained, by a letter left open.

ART. XXXI.

THERE shall be granted passports on either side to the Maitres d'Hotel, or Purveyers of Generals, to go in search of provisions, upon condition that they shall not approach the respective armies and fortified places nearer than two leagues.

ART. XXXII.

IF it should happen that there be any officer whose ransom is not regulated by the present cartel, or any difficulty should arise, it shall be settled by both sides, and what shall be so resolved on, shall be observed and looked upon the same, as if it was inserted in the present treaty, pursuant to the certificates which shall be given by the Generals of the armies, or Governors and Commandants of places.

ART. XXXIII.

AND for the full and entire execution of the present cartel, We have signed it, and have put thereto the seals of our arms, so that it shall be of full force to be inviolably observed, as if it had [Page] been signed by their Majesties Our Sovereigns; and for farther assurance of the same, having obtained powers from their Majesties for that purpose, We declare that it shall even be ratified by them if thought necessary at the first requisition made by either of their Majesties.

DONE at Sluys in Flanders, the Sixth of February, One Thousand, Seven Hundred, Fifty-nine.

HENRY SEYMOUR CONWAY.

LOUIS JACQUES CHARLES, Marquis du BARAIL.

Separate ARTICLE.

WE further declare in the names of their Majesties, that they will immediately appoint Commissaries, who shall meet as soon as can be, in such place or places as shall be thought proper, in order to regulate the sums which shall be found due on each part, as well for the ransoms as for the subsistence of prisoners of war, previous to the signing the present cartel, or for any monies advanced to them, and the sums which shall appear due on either side for the said ransoms, subsistence or advance money as above, shall immediately after the settling of the said accounts, be duly and without difficulty paid.

HENRY SEYMOUR CONWAY.

LOUIS JACQUES CHARLES, Marquis du BARAIL.

Information about this book

Title statement

A treaty and convention, for the sick, wounded and prisoners of war, of the land forces of His Majesty The King of Great-Britain, and of His Most Christian Majesty.Treaties, etc. Great Britain, 1759, Feb. 6.

France.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2009-04.

ID [DLPS]

N12166

ID [TCP]

N12166

ID [STC]

Evans 15353

ID [NOTIS]

APX7825

ID [IMAGE-SET]

15353

ID [EVANS-CITATION]

99024707

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Early American Imprints, 1639-1800 ; no. 15353.

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(Evans-TCP ; no. N12166)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 15353)

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Source

— A treaty and convention, for the sick, wounded and prisoners of war, of the land forces of His Majesty The King of Great-Britain, and of His Most Christian Majesty., Treaties, etc. Great Britain, 1759, Feb. 6., France., Great Britain. Treaties, etc. France, 1759 Feb. 6..

Extent

16 p. ; (8vo)

Printed by John Dunlap.,. Philadelphia: :: [1777]. (Date of publication supplied by Evans.)

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