for the French army; which shall be disembarked in any of the ports of France between Rochefort and L'Orient, inclusively.
ART. IV. The French army shall carry with it all its artillery, of French calibre, with the horses belonging to it, and the tumbrils supplied with sixty rounds per gun. All other artillery, arms, and ammunition, as also the military and naval arsenals, shall be given up to the British army and navy in the state in which they may be at the period of the ratification of the Convention.
ART. V. The French army shall carry with it all its equipments, and all that is comprehended under the name of property of the army; that is to say, its military chest, and carriages attached to the Field Commissariat and Field Hospitals; or shall be allowed to dispose of such part of the same, on its account, as the Commander-in-Chief may judge it unnecessary to embark. In like manner, all individuals of the army shall be at liberty to dispose of their private property of every description; with full security hereafter for the purchasers.
ART. VI. The cavalry are to embark their horses; as also the Generals and other officers of all ranks. It is, however, fully understood, that the means of conveyance for horses, at the disposal of the British Commanders, are very limited; some additional conveyance may be procured in the port of Lisbon; the number of horses to be embarked by the troops shall not exceed six hundred; and the number embarked by the Staff shall not exceed two hundred. At all events every facility will be given to the French army to dispose of the horses, belonging to it, which cannot be embarked.
ART. VII. In order to facilitate the embarkation, it shall take place in three divisions; the last of which will be principally composed of the garrisons of the places, of the cavalry, the artillery, the sick, and the equipment of the army. The first division shall embark within seven days of the date of the ratification; or sooner, if possible.
ART. VIII. The garrison of Elvas and its forts, and of Peniche and Palmela, will be embarked at Lisbon; that of Almaida at Oporto, or the nearest harbour. They will be accompanied, on their march by British Commissaries, charged with providing for their subsistence and accommodation.
ART. IX. All the sick and wounded, who cannot be embarked with the troops, are entrusted to the British army. They are to be taken care of, whilst they remain in this country, at the expence of the British Government; under the condition of the same being reimbursed by France when the final evacuation is effected. The English government will provide for their return to France; which shall take place by detachments of about one hundred and fifty (or two hundred) men at a time. A sufficient number of French medical officers shall be left behind to attend them.
ART. X. As soon as the vessels employed to carry the army to France shall have disembarked it in the harbours specified, or in any other of the ports of France to which stress of weather may force them, every facility shall be given them to return to England without delay; and security against capture until their arrival in a friendly port.
ART. XI. The French army shall be concentrated in Lisbon, and within a distance of about two leagues from it. The English army will approach within three leagues of the capital; and will be so placed as to leave about one league between the two armies.
ART. XII. The forts of St. Julien, the Bugio, and Cascais, shall be occupied by the British troops on the ratification of the Convention. Lisbon and its citadel, together with the forts and batteries, as far as the Lazaretto or Tarfuria on one side, and fort St. Joseph on the other, inclusively, shall be given up on the embarkation of the second division; as shall also the harbour; and all armed vessels in it of every description, with their rigging, sails, stores, and ammunition. The fortresses of Elvas, Almaida, Peniche, and Palmela, shall be given up as soon as the British troops can arrive to occupy them. In the mean time, the General-in-Chief of the British army will give notice of the present Convention to the garrisons of those places, as also to the troops before them, in order to put a stop to all further hostilities.
ART. XIII. Commissioners shall be named, on both sides, to regulate and accelerate the execution of the arrangements agreed upon.
ART. XIV. Should there arise doubts as to the meaning of any article, it will be explained favourably to the French army.
ART. XV. From the date of the ratification of the present Convention, all arrears of contributions, requisitions, or claims whatever, of the French Government, against the subjects of Portugal, or any other individuals residing in this country, founded on the occupation of Portugal by the French troops in the mouth of December 1807, which may not have been paid up, are cancelled; and all sequestrations laid upon their property, moveable or immoveable, are removed; and the free disposal of the same is restored to the proper owners.
ART. XVI. All subjects of France, or of powers in friendship or alliance with France, domiciliated in Portugal, or accidentally in this country, shall be protected: their property of every kind, moveable and immoveable, shall be respected: and they shall be at liberty either to accompany the French army, or to remain in Portugal. In either case their property is guaranteed to them; with the liberty of retaining or of disposing of it, and passing the produce of the sale thereof into France, or any other country where they may fix their residence; the space of one year being allowed them for that purpose.
It is fully understood, that the shipping is excepted from this arrangement; only, however, in so far as regards leaving the Port; and that none of the stipulations above-mentioned can be made the pretext of any commercial speculation.
ART. XVII. No native of Portugal shall be rendered accountable for his political conduct during the period of the occupation of this country by the French army; and all those who have continued in the exercise of their employments, or who have accepted situations under the French Government, are placed under the protection of the British Commanders: they shall sustain no injury in their persons or property; it not having been at their option to be obedient, or not, to the French Government: they are also at liberty to avail themselves of the stipulations of the 16th Article.
ART. XVIII. The Spanish troops detained on board ship in the Port of Lisbon shall be given up to the Commander-in-Chief of the British army; who engages to obtain of the Spaniards to restore such French subjects, either military or civil, as may have been detained in Spain, without being taken in battle, or in consequence of military operations, but on occasion of the occurrences of the 29th of last May, and the days immediately following.
ART. XIX. There shall be an immediate exchange established for all ranks of prisoners made in Portugal since the commencement of the present hostilities.
ART. XX. Hostages of the rank of field-officers shall be mutually furnished on the part of the British army and navy, and on that of the French army, for the reciprocal guarantee of the present Convention. The officer of the British army shall be restored on the completion of the articles which concern the army; and the officer of the navy on the disembarkation of the French troops in their own country. The like is to take place on the part of the French army.
ART. XXI. It shall be allowed to the General-in-Chief of the French army to send an officer to France with intelligence of the present Convention. A vessel will be furnished by the British Admiral to convey him to Bourdeaux or Rochefort.
ART. XXII. The British Admiral will be invited to accommodate His Excellency the Commander-in-Chief, and the other principal officers of the French army, on board of ships of war.
Done and concluded at Lisbon this 30th day of August, 1808.
(Signed) GEORGE MURRAY, Quarter-Master-General.
KELLERMANN, Le Général de Division.
We, the Duke of Abrantes, General-in-Chief of the French army, have ratified and do ratify the present Definitive Convention
