immediately give an account, that he may come in perfon, or fend his deputy, without delay, to take charge of the ftore-houfe, ftores, &c. that the English have; as this is part of his government, he is and will be anfwerable to my Sovereign for the good husbandry of what will be delivered to him, or to his deputy, commiffioned for that purpofe; and till this can be performed with all requifite formalities, the Favorite shall not move, unlefs by any accident Don Philip Ruiz Puento, or his deputy, fhould delay coming; in which cafe, if it fhould exceed forty days, the Favorite may fail whenever they think proper, with all that she can carry, but the can never go out until twenty days after one of the frigates under my command; and for the further fecurity of obferving the capitulation, the Favorite frigate fhall be difmantled, by put ting her rudder on shore.

Fourth Article.

Anfwer.

That at the time of their embarking on board the Favorite, they must acquaint the Spanish commodore thereof to agree upon the hour, as the English are not allowed to take arms without giving notice to the faid commander, that he may give orders to be obferved what they have defired, in order that they may not be incommoded or injured at their departure; but should they do contrary to the above, it will be taken for a contempt, and they will be answerable for the refult.

Translation of the Declaration figned and delivered by Prince de Maferano, Ambaffador Extraordinary from his Catholic Majefty, dated the 22d day of January, 1771.

IS Britannic Majefty having complained of the violence which was committed on the 10th of June, 1770, at the island commonly called the Great Malouine, and by the English, Falkland's Iland, in obliging by force, the commander and subjects of his Britannic Majefty, to evacuate the Port, by them called Egmont; a ftep offenfive to the honour of his crown; the Prince de Maferano, ambaffador extraordinary of his Catholic Majefty, has received orders to declare, and declares, that his Catholic Majefty, confidering the defire with which he is animated for peace, and for the maintenance of good harmony with his Britannic Majefty, and reflecting that this event might interrupt it, has feen with difpleasure this expedition tending to disturb it; and in the perfuafion in which he is, of the reciprocity of fentiments of his Britannic Majefty; and of its being far from his intention to authorize any thing that might disturb the good understanding between the two courts; his Catholic Majefty does difavow the faid violent enterprize; and in confequence, the Prince de Maferano declares, that his Catholic Majefly engages to give immediate orders, that things fhall be restored in the Great Malouine, at the Port called Egmont, precifely to the ftate, in which they were before the 10th of June, 1770: for which purpose his Catholic Majefty will give orders to one of his officers,

7

to deliver up to the officer, autho rized by his Britannic Majefty, the port and fort called Egmont ; with all the artillery, ftores, and effects of his Britannic Majesty, and his fubjects, which were at that place, the day above named; agreeable to the inventory which has been made of them.

de

The Prince de Maferano clares at the fame time, in the name of the King his Mafter, that the engagement of his faid Catholic Majesty, to reftore to his Bri tannic Majefty, the poffeffion of the fort and port called Egmont; cannot, nor ought, any wife, to affect the queftion of the prior right of fovereignty of the Malouine iflands, otherwife called Falkland's iflands. In witnefs whereof, I, the underwritten, ambaffador extraordinary, have figned the prefent declaration with my ufual fignature, and caufed it to be fealed with our arms. London, the 2zd day of January, 1771, (L. S.)

Signed

Le Prince de Maferano.

delivered to me, expreffing therein, that his Catholic Majetty, being defirous to restore the good harmony and friendship which before fubfifted between the two crowns, does difavow the expedition against Port Egmont, in which force has been used against his Britannic Majefty's poffeffions, commander, and subjects; and does alfo engage that all things fhall be immediately restored to the precife fituation in which they stood before the 10th of June, 1770. And that his Catholic Majefty fhall give orders, in confequence, to one of his officers, to deliver up to the officer, authorized by his Britannic Majefty, the port and fort of Port Egmont, as alfo all his Britannic Majefty's artillery, ftores, and effects, as well as thofe of his fubjects, according to the inventory which has been made of them. And the faid ambaffador having moreover engaged, in his Catholic Majefty's name, that what is contained in the faid declaration fhall be carried into effect by his faid Catholic Majefty; and that duplicates of his Catholic Majefty's orders to his officers fhall be delivered into the hands of one of his Britannic Majeity's principal fecretaries of flate within fix weeks: his faid Britannic Majefty, in order to fhew the fame friendly difpofitions on his part, has authorised me to declare, that he will look upon the faid declaration of prince de Maferano, together with the full performance of the faid engagement, on the part of his Catholic Majefty, as a fatisfaction for the injury done to the crown of GreatBritain. In witness whereof, I, underwritten, one of his Britannic Majefty's principal fecretaries of fate, have figned thefe prefents

(L. S.)

Signed ROCHFORD.

Tranflation of his Catholic Majefty's orders, fignified by the Balio Fray Don Julian de Arriaga, to Don Philip Ruez Puente, dated Pardo, 7th of February, 1771.

TT being agreed between the King and his Britannic Ma

jefty, by a convention figned at London on the zzd of January laft paft, by the prince of Malerano and the earl of Rochford, that the Great Malouine, called by the English Falkland Island, fhould be immediately replaced in the precife fituation in which it was before it was evacuated by them on the 10th of June last year; I fignify to you, by the King's orders, that as foon as the perfon commiffioned by the court of London fhall present himself to you with this, you order the delivery of the port de la Cruizada or Egmont, and its fort and dependencies, to be effected; as alfo that of all the artillery, ammunition, and effects, that were found there, belonging to his Britannic Majefty and his fubjects, according to the inventories figned by George Farmer and William Maltby, Efqrs. on the 11th of July of the faid year, at the time of their quitting the fame, of which I fend you the inclofed copies, authenticated under my hand; and that as foon as the one and the other shall be effected, with the due formalites, you cause

to

to retire immediately the officer, and other fubjects of the King, which may be there. God preferve you many years.

Pardo, 7th of Feb. 1771. (Signed) The Balio Fray Don Julian de Arriaga.

To Don Philip Ruez Puente.

The Speech of the Speaker of the Houfe of Commons, when he re: primanded Hugh Roberts, late Confable and Returning Officer at the laft Election for the Borough of New Shorebam, in the County of Suffex, upon his Knees, at the Bar of the faid Houfe, on Thursday the 14th day of February, 1771.

Hugh Roberts,

Y

OU have been convicted, upon the clearest and most fatisfactory proof, of returning a member to this houfe, against a very great majority of votes admitted by yourself, and which now stand upon the poll.

This offence, confidered in the abstract, and without the accompanying circumstances, is a crime of an atrocious nature; it ftrikes at the very being of this houfe: for, if practices of this fort were to obtain, the commons of GreatBritain, who are now the reprefentatives of the free people of this kingdom, would be merely the delegates of corrupt returning offi

cers.

cularly guarded against the partiality of the returning officer, and obliged him, by every tie, to a faithful discharge of that truft, which the conftitution hath repofed in his hands, if men are to be found daring enough to fend members to this houfe, who were never chofen by the legal electors.

You have faid that you did not receive the votes abfolutely, but only admitted them to poll conditionally, and fubject to future revifion, as appears by the queries fet against their names.

I think this circumftance, alone, was it true, would not much avail you; for I have always been of opinion (although I do not know that the refolutions of the houfe have gone fo far) that the practice of receiving votes with queries by the mere authority of the returning officer, and without the confent of the parties, is illegal; I am fure it is dangerous; for, if once it be admitted by this houfe, that the returning officer has a right to receive votes upon terms which are to fubject them to his future decifion, after the poll is closed, and the numbers known, it will always be in the power of that officer, fo to manage the queried votes, as to return which of the candidates he pleafes; and, if he is either an artful man himself, or artfully affifted by others, he will also be able fo to do the bufinefs, as to make it difficult to fet afide what he hath done, and more difficult to punish him for doing it.

referved the queried votes for future difcuffion and re-confideration, you made your return without

either,