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cafe, nor under any pretence whatever, their faid fubjects to do, or undertake, any thing contrary to that perfect correfpondence, which ought inviolably to fubfift between the three Crowns.
XXIII. The more effectually to preferve this harmony, and thefe reciprocal advantages between the fubjects of the two crowns, it is agreed, that the Spaniards fhall no longer be confidered as foreigners in France, and confequently his Moft Chriftian Majefty engages to abolish, in their favour, the right of efcheatage, fo that they may difpofe, by will, donations, or otherwife, of all their effects, without exception, of what nature foever, which they poffefs in his kingdom, and which their heirs, fubjects of his Catholick Majefty, refident in France or elfewhere, fhall have power to receive their inheritance, even where no will is made, either by themselves, their attornies, or particular order, (though they may not have obtained letters of naturalization) and convey them out of his Moft Chriftian Majefty's dominions, notwithstanding all the laws, edicts, ftatutes, cuftoms, or rights, to the contrary, which his Moft Chriftian Majefty hereby annuls as far as is neceffary. His Catholick Majefty engages, on his part, to grant the fame privileges, and in the fame manner, in every part of his dominions in Europe, to all the French fubjects of his Moft Chriftian Majefty, with refpect to the free difpofal of the effects they fhall poffefs in any part of the Spanish monarchy; fo that the fubjects of the two crowns fhall be generally treated, (in what regards this article) in both dominions, as the proper and natural fubjects of the power in whofe territories they refide. Every thing above said, respecting the abolition of the right of efcheatage, and the advantages which the French are to enjoy in the Spanish dominions in Europe, and the Spaniards in France, is granted to the subjects of the King of the Two Sicilies, who fhall be comprifed under the fame condition in this article; and the fubjects of their Moft Chriftian and Catholick Majefties fhall reciprocally enjoy the fame exemption and advantages in the dominions of his Sicilian Majefty,
XXIV. The subjects of the high contracting parties fhall be treated, with refpect to commerce and duties in
each of the two kingdoms in Europe, as the proper fubjects of the country in which they live or refort to; fo
that the Spanish flag fhall enjoy in France the fame rights
and prerogatives as the French flag; and, in like manner, the French flag fhall be treated in Spain with the fame favour as the Spanish flag. The fubjects of the two monarchies, in declaring their merchandizes, fhall pay the fame duties as fhall be paid by the natives. The importation and exportation fhall be equally free to them as to the natural fubjects; neither fhall they pay any other duty than what fhall be received from the natural fubjects of the Sovereign, nor any goods be liable to confiscation, but fuch as are prohibited to the natives themfelyes; and as to what concerns thefe objects, all interior treaties, conventions, or engagements, between the two monarchies, are hereby abolished. And farther, that no other foreign power hall enjoy in Spain, any more than in France, any privileges more advantageous than those of the two nations; the fame rules fhall be obferved in both France and Spain, with regard to the flag and fubjects of the King of the Two Sicilies; and his Silician Majefty fhall reciprocally caufe to be obferved the fame, with refpect to the flag and fubjects of the crown of France and Spain.
XXV. If the high contracting parties shall hereafter conclude a treaty of commerce with other powers, and grant them, or have already granted them in their ports or dominious, the treatment granted to the most favourite nation, notice fhall be given to the faid powers, that the treatment of Spaniards in France, and in the Two Sicilies, of Frenchmen in Spain, and in like manner in the Two Sicilies, and of Neapolitans and Sicilians in France and Spain, upon the fame footing, is excepted, in that refpect, and ought not to be quoted, or ferve as an example, their Moft Chriftian, Catholick, and Sicilian Majefties, being unwilling that any other nation fhould partake of thofe privileges, which they judged convenient for the reciprocal enjoyment of their respective fubjects.
XXVI. The high contracting parties will reciprocally confide in all the alliances which they fhall hereafter form, and the negociations they fhall engage in, especially fuch
as fhall have any influence on their common interefts and, confequently, their: Moft Chriftian, Catholick, and Sicilian Majefties, will order all their refpective Minifters, that they endeavour, in the other courts of Europe, to maintain among themselves the most perfect harmony and entire confidence, that every step taken in the name of either of the three Crowns, may tend to their glory and common advantages, and be a conftant pledge of the intimacy which their faid Majefties would for ever establish among them. 19. ed Kent
XXVII. The delicate object of precedence in public' acts, employments, and ceremonies, is often an obftacle to good harmony and the intimate confidence which ought to be fupported between the respective Minifters of France and Spain, becaufe fuch contentions, whatever method may be taken to stop them, indifpofe the mind. Thefe naturally arofe when the two crowns belonged to Princes' of two different Houfes; but now, (and at all times hereafter) and as long as Providence has determined to maintain on the two thrones Sovereigns of the fame House, it is not agreeable, that there fhould fubfift between them a continual occafion for altercation and difcontent, their Most Christian and Catholick Majefties have therefore agreed, entirely, to remove that occafion, in determining, as an invariable rule to their Minifters, invefted with the fame character, in foreign courts, as well as in thofe of the family, (for fuch now certainly are thofe of Naples and Parma) that the Minifters of the chief monarch of the Houfe fhall always have the precedence in every act, em ployment, or ceremony whatever, which precedence fhall be regarded as the confequence of the advantage of birth; and that, in all other courts, the Minifter, (whether of France or Spain) who fhall laft arrive, or whofe refidence fhall be more recent, fhall give place to the Minister of the other crown, and of the fame character, who fhall have arrived first, or whofe refidence fhall have been prior, fo that henceforth, in that refpect, there will be a certain and brotherly alternative, to which no other power can be fubject, nor fhall be admitted, feeing that this arrange, ment, which is equally a confequence of the prefent Family Compact, would ceafe, if the Princes of the fame
House no longer filled the thrones of the two monarchies, and that then each crown would refume its rights or pretenfions to precedence. It is agreed alfo, that, if by accident the Minifters of the two crowns fhould arrive precifely at the fame time in any other court than that of the family, the Minifter of the Sovereign Chief of the House fhall take place of the Minister of the Sovereign who is a junior of the fame Houfe.
XXVIII. The prefent treaty, or Family Compact, fhall be ratified, and the ratification exchanged, within the space of one month, or fooner if may be, to be reckoned from the day of the figning of the faid treaty.
In witnefs whereof, we, the underfigned Ministers Plenipotentiary for their Moft Chriftian and Catholick Majesties, by virtue of thofe full powers, which are literally and faithfully transcribed at the bottom of this treaty, have hereunto fixed our hands and feals. Given at Paris, Auguft 15, 1761.
The DUKE de CHOISEUL.
An HISTORICAL MEMORIAL of the Negociation of France and England, from the 26th of March, 1761, to the 20th of September of the fame Year, with the Vouchers Tranflated from the French Original, published at Paris by Authority.
IS Majefty [the French King] thinks it confiftent with his goodnefs and juftice to inform his fubjects of the endeavours he has ufed, and the facrifices he refolved to make, in order to reftore peace to his kingdom.
France, and the whole univerfe, will judge from a plain and faithful detail of the negociation which has been carried on between the Courts of Verfailles and London, which of the two Courts have been averfe to the re-establishment of public tranquillity, and have facrificed the common peace and welfare to their own
In order to form a clear and juft opinion with regard to the Negociation which has lately broken off between
France and England, it is neceffary to recollect the motives which occafioned the rupture between the two Crowns, and the particular circumftances which have involved a confiderable part of Europe in a war, which had at first America only for its object.
The limits of Acadia and Canada, which, by the treaty of Aix-la-Chapelle, were left to the difcuffion of commiffaries to be named by the two Potentates, have ferved England as a pretence for commencing hoftilities, and for taking two French fhips, the Alcide and the Lys; while, in the midft of peace, and under the fanction of the law of nations, the Duke of Mirepoix, the French Ambaffador, was treating at London in order to prevent a rupture, and to terminate thofe differences, which might have been eafily accommodated at Aix-la-Chapelle, and which, while the peace fubfifted, had met with the most unreafonable and extravagant oppofition on the part of the English Commiffaries.
The unexpected violence offered on the part of the English neceffarily brought on the war his Majefty found himself obliged, though with regret, to repel by force the indignity offered to France, and to prefer the honour of the nation to the tranquillity it enjoyed.
If the court of London had no other defign than to establish the respective poffeffions of the two Crowns in North America upon a firm footing, fhe would have endeavoured to obviate, as France has done, every incident which might engage the powers of the Continent of Europe to take a part in a war which is abfolutely foreign to them, and which, in fact, having no other object but what relates to the limits of Acadia and Canada could not last long, and did not require the interpofition of any other power. But England had more extenfive views: the endeavoured to raise a general war against France, and hoped to renew the famous league which was formed against Lewis XIV. upon the acceffion of Philip V. to the throne of Spain; and to perfuade all the courts of Europe, that they were as much interested in the limits of Acadia as in the fucceffion of Charles II.
The conduct of France, in confequence of the first hoftilities in 1755, was very different from that of England;