1.

fters, their clerks, courriers and poftilions; phyficians, apothecaries, directors, and other officers ferving in the hofpitals, or armies; equerries, maitres d'hotels, valets de chambre, and all other domeftics, fhall not be liable to be made prifoners of war, but fhall be fent back as foon as poffible.

XXXVIII. Servants taken prifoners fhall be fent back on both fides without difficulty. Those who shall defert may enjoy the benefits of fuch palports as fhall be granted them. As to thieves, the theft should always be restored, without fending them back but the refpective generals fhall ever have it in their option to do it in case of murder cr affaffination. With regard to robberies committed by deserting foldiers, reftitution fhall be made; but the giving up of such deserters fhall not be infifted on, upon any pretence whatever; both fides referring it to the option of the respective generals for fuch deferters as may have committed murders or other crimes. All deferters, domeftics, or others, who fhall go over from one fide to the other, fhall be flopi ped at the first poft, where the commandant fhalt be very careful to have them narrowly fearched, and to fet down in writing the effects found about them, without fuffering them to fell or give away any thing: after which, he fhall order them to be taken to his general, where fuch deferters fhall be detained three days; that in case they should prove to be thieves, each fide may have time to claim them. XXXIX. The exchanges and ranfoms of prifoners, in

the first as in the following ones, fhall be made man for man, and officer for officer of equal rank, until there be no more prifoners left in the armies or prifons: and after all the exchanges are made of as many officers as

there are for officers; and of troopers, dragoons, and foot-foldiers, for as many men of the fame fort; if then either fide fhould chance to have more officers than foldiers left, or more foldiers than officers, that fide shall be allowed to give officers for troopers, dragoons or footfoldiers, according to the Tariffe inserted in the present cartel and after all exchanges made in manner as aforefaid, fhould either fide happen to have prifoners to fpare, which could not be exchanged, the other fide may withdraw them by paying their ranfom; for which purposes an account fhall be given on both fides, of the quantity and quality of the prifoners taken, whether in battles or fkirmishes; or in the fortified places which have been taken.

XL. That each prifoner of war, in the belligerant and

auxiliary armies, fhall be allowed no more bread than the ration those troops receive: that it fhall be refpectively allowed to send them fuccors; and in the place where fuch prifoners are kept, each general commanding the armies fhall be free to keep an officer or commiffary, with a paffport, to provide for fuch fuccors as may be fent to the prifoners. A discount fhall be made every month, of the bread given to the prifoners on both fides; that which foever fide is indebted to the other, may difcharge it without difficulty; and the overplus of bread fhall be paid at the rate of two kreutzers or twenty French deniers, a ration; with reciprocal promise to put the prifoners in decent places, with good ftraw, which fhall be carefully renewed every eight days.

XLI. That care shall be taken of the wounded on both

Aides; that their medicines and food, fhall be paid for;

and

That

and that all costs fhall be returned on both fides. it fhall be allowed to fend them furgeons and their fervants, with paffports from the generals: that alfo thofe who may have been taken prisoners, and those who are not fo, fhall be fent back under the protection and fafeguard of the genera's, with liberty to be tranfported by land or water, as the greater conveniences of places fhall permit: however, upon condition, that thofe who have been made prifoners fhall not serve until they have been exchanged.

XLII. That the fick, on both fides, fhall not be made prifoners: that they may remain with safety in the Hofpitals, where each of the belligerant and auxiliary parties fhall be free to leave them a guard, which fhall be fent back, the fame as the fick, under the paffports of the generals, by the fhortest way, and without being Hable to be molefted or flopped. So likewife fhall all commiffaries or mufter-mafters, chaplains, phyficians, furgeons, apothecaries, infirmarians, waiters, or other perfons proper to attend the fick; who fhall not be liable to be made prifoners, and fhall be fent back in the fame manner.

XLIIT. Safeguards on both fides fhall enjoy an' entire fe

curity and in cafe they fhould be found too near the armies, they fhall be fent away without any violence or ill ufage offered them.

XLIV. The prifoners fhall by no means be compelled to inlift.

XLV. The prifoners fhall be allowed to give advice of

their imprisonment by an open letter.

XLV. Paffports fhall be granted, on both fides, to the

maitre d' hotels, or ftewards of the generals, to get pro

vifions

vifions upon condition that they fhall not approach the respective armies and ftrong-holds any nearer than two leagues,

XLVII. If there fhould happen to be any officer whose

ranfom was not fettled by the present cartel; or fhould any difficulty alife, it fhall be agreed on both fides; and whatever shall be the result shall be observed and kept to be inferted in the treaty, according to the certificates which fhall be given by the generals of the armies, or the governors and commandants of the garrisons. XLVIII. And for the greater fecurity of fulfilling the

prefent cartel, we have fent the foregoing articles to the chiefs of the belligerant and auxiliary armies; and after having obtained their ratification thereof, we have figned this prefent treaty, and fealed it with our arms; which fhall be fully valid, to be inviolably observed, the fame as if it were figned by their majefties, or their generals commanding their armies" *.

The French had loft ninety thousand men in Germany in three years, which obliged them to think of protecting their own dominions. Thus an offenfive war, which first began at the gates of Vienna, turned into a defenfive one on the banks of the Rhine; and ten different armies engaged in this general difpute.

*It was underwrote, "Done at Franckfort upon the Maine, the 28th of July, 1743" and was figned Henry Francis, count of Segur; Charles Urbain, count of

Chanclos; Michael Ferdinand D'Albert D'Ailly, duke of Piquigny; and William, earl of Albemarle."

СНА Р.

CHAP. IV.

The queen of HUNGARY crowned at PRAGUE. The SPANISH proteft against it. The count d'OSTEIN elected archbishop of MENTZ. The EMPEROR propofes terms of accommodation with the QUEEN. The treaty of HANAU rejected; and the treaty of WORMS concluded.

HILE the French and Bavarians were every

where obliged to give way to the superior fortune attendant on the Auftrian arms; the queen of Hungary, accompanied by the grand duke her husband, fet out from Vienna for Prague *, where fhe made a magnificent public entry, on the 30th of April; and the ceremony of her coronation was performed in the cathedral on the 12th of May t. She left Prague on the 16th of June, and arrived at Lintz ‡ on the 25th, when she received the homage of the ftates of that province, with the greatest marks of loyalty and affection. In the midst of these. folemnities, her majefty received the important news from the Maine, that the king of Great Britain, her faithful ally, had alfo on that fide defeated her enemies; and, on the 4th of July, the returned to Vienna, from whence fhe fent congratulatory letters both to his Britannic majefty and the DUKE of CUMBERLAND, in which the highly thanked the king for his

The capital of Bohemia, fits in behalf of the emperor, and anated on the river Moldau, 140. other in behalf of the king of Spain, miles N. W. of Vienna, 70 S. of protested ag in the legality of the Drefden, and 100 N. E. of Ra. coronation at Prague. tilbon,

crowned

+ Her majefty was queen of Hungary, at Presburg, on the 25th of June 1741, - A herald

The capital of Upper Auftria, fituated on the Danube, 108 miles W: of Vienna.

generous