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Creek-Battery, and a variety of other


His Majefty's Ship Nereide,
Curaçao Ilarbour, 23d
• September.
My lord,

I have now the fatisfaction to inform your lordship that the English colours are flying in this island, and that I have entered this harbour in confequence of the total evacuation of the French forces laft night. I am now arranging affairs in fuch a manner as to tranquillize the minds of the inhabitants, and reftore perfect peace in the name of his majefty in this valuable inland. I have been received with great faith, and will do my utmoft in establishing the fecurity of the principal fortrefs till I receive your lordthip's anfwer for my farther conduct. Enclofed I bave the honour of tranfmitting to you an inventory of warlike ftores, ammunition, &c. in the garrison, except thofe lately in poffeffion of the enemy, which I have not yet received the regular returns of, but have given the neceffary orders. It was my intention to have fent any farther difpatch to your lordship by the remaining lieutenant, Mr. James Hodgion; but, as I do not exactly conceive myfelf in a perfect ftate of fafety, without having perfect poffeffion of the principal fortrefs which commands the town, I have appointed him, with a party of my own men, to that command; his zeal, bravery, and univerfai fteady conduct in any fervice he is ordered on, makes my mind perfectly eafy in doing fo: he has been of the utmoft fervice in a new-erected battery in annoying the enemy, and indeed may be confidered the principal caufe of their retreat. Lieatenant Fitton, commanding the VOL. XLII.

Active tender, I have much pleafure in recommending to your lordfhip's notice, from his active and fpirited conduct fince he has joined me. From him, my lord, you will receive material information as to all fituations of the island and its valuable harbour.

I have the honour to be, &c. &c. (Signed) F. Watkins. The right hon. lord Hugh Seymour, &c. &c.

Here follows a lift of the vessels lying in the harbour of Curaçao, 44 in number; confifting of 8 Dutch, 8 Danes, 7 American, 11 French, 7 Spanish, and 3 English prize ships.

Articles of Capitulation agreed upon

between General Vaubois, Commander-in-Chief of the Ifles of Malta and of Goza, and Rear-Admiral Villeneuve, commanding the Navy at Malta, on the one Part, and Major-General Pigot, Commander of the Troops of his Britannic Majefty and his Allies, and Captain Martin, commanding the Ships of his Britannic Majefty, and his Allies, before Malta, of the other Part.

Art. I. The garrifon of Malta, and of the forts depending upon it, 1 fhall march out to be embarked and carried to Marfeilles, at the day and time agreed upon, with all the honours of war; that is to fay, drums beating, colours flying, matches lighted, with two four-pounders' before them, with their covered waggon, and a covered waggon of infantry. The civil and military officers of the navy, and every thing relative to that department, fhall be allo carried to the port of Toulon.

Anfw. The garrifon fhall receive the honours of war required; but G


as it is impoffible that they fhould all be embarked immediately, the following arrangement fhall be reforted to inftead. As foon as the capitulation fhall be figned, the forts Ricafoli and Tigni fhall be delivered up to the troops of his Britannic majefty, and the fhips fhall be fuffered to enter the port. The national gate fhall be occupied by a guard compofed of French and Englith in equal numbers, until the fhips fhall be ready to receive the first embarkation: the whole garrifon fhall then march out with the honours of war, to the fhips, where they fhall lay down their arms.— Thofe who cannot form part of the first embarkation, shall occupy the ifle and the fort Manuel, having an armed guard over them, to prevent them from efcaping into the adjoining country. The garrifon fhall be confidered as prifoners of war, and are not to ferve against his Britannic majefty until they fhall be exchanged, for which the officers refpectively fhall give their parole. All the artillery, the ammunition, and public magazines, of whatever kind, fhall be given up to officers appointed for that purpofe, as well as public papers. II. The general of brigade Chancz, commander of the place and the forts, the general of brigade d'Hennezel, commander of artillery and engineers; the officers, inferior officers, and foldiers, by land; the officers, crews, and men, employed in the navy; citizen Pierre Alphonfo Guys, commiffary-general of commercial connections with the French republic in Syria and Paleftine, now at Malta by accident, the civil and military agents, ordinaries, and commillaries of war and navy, civil adminiftrators, members of any of the conftituted authorities, all

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IV. The divifion fhall be embarked at the expense of his Britan nic majefty. Every officer or perfon employed fhall in the paffage receive the fame rations as are by the laws and regulations of the French allotted to them. The offi cers who are members of the civil adminiftrations fhall be put on the fame footing, both with refpect to themfelves and family, as military men of a correfpondent rank.

Anfw. Granted, in conformity with the customs of the English navy, which allot the fame ration to all ranks and conditions whatever.

V. The neceflary number of wag. gons and floops thall be provided, in order to transport and to remove on board fhip the private property of the generals, their aid-de-camps, the ordinaries and commiflaries, chiefs of corps, officers civil and military, &c. Their property and their papers fhall not be fubject to any fearch or infpection, upon the promife of the generals ftipulating that there fhall be no public property among them.

Anfw. Granted.

VI. Some veffels belonging to the republic, able to keep the fea, fhall depart at the fame time with the divifion, to go to a part of France, after being provided with the neceffary provisions.


Anfw. Refufed.

VII. The fick who are able to be embarked transported shall be with the divifion; and provided with provifions, medicines, furgeons' chefts, and officers of health, neceffary for their care during the paffage. Those who are not able to be tranfported fhall be treated with the neceflary care; the get eral-in-chief leaving at Malta a phyfician and a furgeon in the fervice of France, who fhall attend to them. They shall be furnished with lodgings gratis, if they come out of the holpital, and they fhall be fent to France as foon as their fituation will permit, with all that belongs to them; and in the fame manner as the garrifon. The gencrals-inthief of the fea and land forces evacuating Malta intruft them to the honour and humanity of the English general.

Anfw. Granted.

VIII. Every individual, of whatever nation, inhabiting the island of Malta, or the others, fhall neither be troubled, nor difturbed, nor molested, on account of their political opinions, nor for any part of their conduct during the time that Malta has been in the power of the French government.This article applies principally, and in its full extent, to thofe who have taken arms, or have filled civil, adminiftrative, or military employments. They fhall not be called to an account for any thing, much lefs profecuted for acts of their commiffion.

Anfw. This article does not ap pear capable of being made the object of a military capitulation; but all the inhabitants who fhall defire to remain may be affured of being treated with juftice and humanity,

and fhall enjoy the full protection of the laws.

IX. The French who inhabit Malta, and all the Maltefe, of whatever state they may be, who wish to follow the French army, and to go into France with their property, fhall be at liberty to do,fo. Thofe who have moveables or immoveables, which cannot be immediately fold, and who may have the intention of going to refide in France, shall be allowed fix months from the date of the figning of the prefent capitulation, to fell their landed or moveable property. Thefe proprietors fhall be refpected. They fhall at for themfelves, if they remain, or by their authorized agent, if they follow the divifion. When they fhall have finished their affairs in the time agreed on, they fhall be furnifhed with paflports to go to France, tranfporting, or caufing to be tranfported, the moveables which may remain to them, as well as their capitals in money or bills of exchange, according as it may fo happen.

Anfw. Granted, in the fense of the reply to the preceding article.

X. As foon as the capitulation is figned, the English general fall leave entirely to the difpofition of the general commanding the French troops, to caufe a felucca to depart, with the neceffary equipage, and an officer charged to carry the capitulation to the French government. The neceffary fafe conduct fhall be granted to him.

Anfw. Granted.

XI. The articles of the capitulation being figned, there fhall be given up to the English general the forts called des Bombes, which shall be occupied by an equal guard of English and French troops. It fhall

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Anfw. Refufed.

XV. The commander-in-chief, and the other generals, shall be embarked with their aides-de-camp, and the officers attached to their fuite, without being separated.

be configned to this guard not to fuffer to pafs into the city, either any foldiers of the befieging troops, or any inhabitants of the iflands, till the French troops shall be embarked, and out of fight of the port. In proportion as the embarkation goes on, the English troops fhall occupy the pofts by which the places may be entered. The English general will perceive that thefe precautions are indifpenfable, that no difpute may arife on the fubject, and that the articles of the capitulation may be religiously obferved.

Anfw. Granted, conformably to what is provided by the reply to the firft article; and all precautions fall be taken to prevent the Maltefe troops from approaching the pofts occupied by the French troops.

XII. All alienations or fales of moveables or immoveables by the French government, during the time it has remained in polletion of Malta, and all tranfactions between individuals, fhall remain invioable.

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Anfw. Granted.

XVI. The prifoners made during the fiege, including the crews of the William Tell and the Diana, fhall be confidered as part of the garrifon; and the fame regulation to extend to the crew of la Juftice, if the fhould be taken before the reaches any of the ports of the republic.

Anfw. The crew of the William Tell is already exchanged, and that of the Diana will be taken to Minorca, in order to be exchanged immediately.

XVII. All the property which belongs to the republic fhall not be fubject to reprilal of any fort, under any pretext whatsoever.

Anfw. Granted.

XVIII. If any difficulty fhall arife upon the conditions of this capitulation, they fhall be interpreted in the most favourable manner for the garrison.

Antw. Granted, according to juftice.

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Report from the Select Committee of the House of Commons on the Expenfe of and Mode of obtaining Bills of Enclofure.

The felect committee appointed to confider of the most effectual means of facilitating, under the authority of parliament, the enclofure and improvement of the wafte, unenclofed, and unproductive lands, commons, common arable fields, common meadows, and common of pafture in this kingdom, and to report the fame, with their opinion thereupon, to the houfe;-have, purfuant to the order of the houfe, confidered the matter to them referred, and agreed upon the following report:

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Your committee, in confidering the fubject referred to them, have principally had in view the impediments to enclosures under the authority of parliament, arifing from the expenfes incurred in fuch procedure; and have confequently endeavoured to trace the nature and amount of thofe expenfes, as far as the various and complicated circumftances attending them would admit, through the feveral ftages of the tranfaction; the refult of which they fhall, in the first place, proceed to lay before the house.

Your committee find that a meeting is frequently convened, by publie advertisement, for the purpofe of confidering the propriety of ap plying to parliament for an intended enclofure, at which it fometimes happens, that perfons not interested in the bufinefs attend, and that the expenfes of fuck, meetings, ufually held at fome inn, as well as that of the advertisements, are often charged in the folicitor's bill.

pared, the expenfe attending which rarely exceeds the fum of two gaineas.

Notices of the intended appli cation are then, in purfuance of the ftanding orders of this houfe, to be affixed to the church-door of each parifh in which the lands to be enclofed are fituated, for three Sun-, days in the months of Auguft or. September, the expenfe of which; naturally varies according to the number of parishes, and the distance, of the churches from the refidence of the folicitor or agent concerned; it, being ufual for only one perfon, if poffible, to be employed for this, purpofe, in confequence of the neceffity of his attending afterwards, in town, to prove the fact before the committee on the petition. The charge in general appears to be from one to three guineas for each parith.

The draft of the bill itfelf is either, copied by the folicitor in the country from fome former act, as far as circumftances will admit, or prepared originally by the parliamentary folicitor; in both which cafes it is obvious that a number of fimilar. claufes, either required by the orders. of the houfe, or authorized by general practice, are conftantly inferted, The proportion of thefe general. claufes to the provisions of a local and peculiar nature cannot be pre-. cifely afcertained; but your com-, mittee have realon to fuppofe that they may, in fome inflances, amount, to two-thirds, and mothers not to more than two-fifths of the whole., The expenfe of preparing and copying this draft, being charged by the feet, muft depend upon the lengthy of it, which muft in all cafes be increated by thefe general claufes.

The practice of the legiflature requiring proof of the content, of ag

A petition to parliament is then pe certain number of the parties inte



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