Lord Eliot Convention

by Edward Eliot, 3rd Earl of St Germans

CONVENTION concluded, under British Mediation, between the Commanders-in-Chief of the Belligerent Armies in Spain. Signed at Asarta, 26th/Logroño, 27th, April 1835.

Stipulations proposed by Lord Eliot, H.B.M.’s Commissioner, and which will serve as a rule to the Commanders-in-Chief of the Belligerent Armies in the Provinces of Guipuscoa, Alava, and Biscay, and in the Kingdom of Navarre.

Preservation of Lives of Prisoners

• ART. I. The Commanders-in-Chief of the two Armies now engaged in Hostilities in the Provinces of Guipuscoa, Alava, and Biscay, and in the Kingdom of Navarre, agree to preserve the lives of all Prisoners who may be made on one side or the other, and to exchange them as stipulated below.

Periodical exchange of Prisoners

• ART. II. The exchange of Prisoners shall be periodical, twice or thrice in a month, or oftener if circumstances should require or allow it.

Number of Prisoners exchanged to be equal.

• ART. III. The aforesaid exchange shall be in exact proportion to the number of Prisoners which each party shall present, and the number remaining over and above shall be retained by the party in whose power they are until another opportunity of affecting an exchange shall occur.

Exchange according to Rank

• ART. IV. The exchange shall be made according to the Rank.

Towns selected for detention of Prisoners to be respected.

• ART V. If after effecting an exchange, one of the Belligerents should require a point where he may be able to guard the Prisoners who may not have been exchanged, it is agreed that, for their security and good treatment, they shall remain with, and be guarded by, the party in whose power they are, at one or more Towns, to be respected by the opposite party; the latter not being allowed to enter such Towns, or in any manner to carryon on hostilities against them whilst the Prisoners in them: it being well understood, that in the towns where Prisoners are kept, the manufacture of arms, ammunition, or military stores, shall not be permitted, and that such Towns shall be selected beforehand by the agreement of both parties.

Political Prisoners to be tried in conformity with the Laws.

• ART VI. During the present contest, no person, whoever he may be, civil or military, shall be deprived of life on account of his Political Opinions, without having been previously tried and condemned in conformity with the Laws, Decrees, and Ordinances in force in Spain. This is only to be understood in reference to those who are not in reality Prisoners of War; for as regards them, the stipulations contained in the preceding Articles shall be binding.

Sick and Wounded to be respected

• ART VII. Both the Belligerent parties shall religiously respect, and leave in full liberty, the Sick and Wounded who may be found in hospitals, barracks, towns, farm-houses, or any other place; the sick having been previously recognized as such by the medical officers.

Stipulations to be binding in all Provinces of the Monarchy.

• ART VIII. Should the War extend to other Provinces of the Monarchy, the present Convention shall be binding in them, provided that the Armies, which, by the vicissitudes of war, carry on hostilities in them, be the same which are now engaged in hostilities in the three Basque Provinces and in the Kingdom of Navarre.

Strict observance of Convention.

• ART IX. This Convention shall be strictly observed by the Commanders-in-Chief, on both sides, who may succeed to the command.

Head-quarters of Asarta, 26th/Logroño, 27th, April 1835.

THOMAS ZUMALACARREGUI. ELIOT.

GERONIMO VALDÉS. ELIOT.

In the presence of J. GURWOOD, Lieut.-Colonel in the service of H.B.M.