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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

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A TREATY AND CONVENTION, &c.

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 4] 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 5] 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-Marshal25,000
General, commanding in chief20,000
General of Horse and Foot10,000
[Page 6]Lieutenant-General5,000
Master of the Ordnance6,000
Major-General1,500
Commissary-General3,000
Deputy Commissary-General250
Adjutant-General500
Deputy Adjutant-General100
Quarter-Master-General500
Deputy Quarter-Master-General100
Major of Brigade150
Aids de Camp150
Deputy Pay-Master-General250
His Deputy, or Principal Commis150
Other inferior Commis or Assistants50
Brigadier900
Waggon-Master-General50
Captain of the Guides50
Proveditor, or Assistant to the Quarter-Master General, Commissary General, Waggon-Master-General, or Captain of the Guides25

ART. VII. HORSE and GRENADIER GUARDS.

 German Florins.
Captain of a troop of Horse-Guards1,000
Captain and Colonel of a troop of Gre­naider-Guards1,000
First Lieutenant of Horse-Guards600
Lieutenant and Lieutenant-Colonel of Grenadier-Guards600
Second Lieutenant of Horse Guards500
Major of Grenadier-Guards500
Cornet of Horse-Guards500
[Page 7]Adjutant of Horse-Guards150
Guidon of Horse-Guards300
Exempts of Horse-Guards250
Lieutenant and Captain, or Guidon of Grenadier-Guards250
Brigadiers of Horse-Guards, or Sub-Lieutenant of Grenadier-Guards150
Adjutant of Grenadier-Guards125
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-Guards1,500
Lieutenant Colonel750
Major300
Captain150
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.
Colonel600
Lieutenant-Colonel300
Major120
Captain70
[Page 8]Adjutant30
Quarter-Master30
Lieutenant24
Second Lieutenant, or Ensign20
Serjeant10
Corporal, Drummer, Fifer and Private Men4

ART. X. CAVALRY.

 German Florins.
Colonel700
Lieutenant-Colonel300
Major150
Captain100
Lieutenant40
Adjutant40
Cornet30
Quarter-Master14
Kettle Drummer, and Trumpeter10
Corporal, Farrier, and Trooper7

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 Artillery700

[Page 9]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 Engineer150
Principal Engineer in armies or places75
All other Engineers50
Overseers of fortifications25
Other Assistants15

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 10] 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.

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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 12] 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 13] 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 14] 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.

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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 16] 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.

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