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made prisoners by any of his cruizers, shall be immediately set at liberty, and delivered to his Britannic Majesty's consul residing at the place where they shall be taken to; and, if there be no consul residing in such place, to the principal merchant there, with directions to send them, by the first and most convenient opportunity, to the fortress of Gibraltar, or to any other place; and in case any of the Emperor's subjects, being passengers on board any ship or vessel of any nation at war with his Britannic Majesty, shall be taken by his Britannic Majesty's ships, they shall in like manner be set at liberty; and all his Britannic Majesty's subjects, belonging to Hanover, or his other dominions in Germany, shall enjoy the same privileges, and shall receive the same respect, and shall be considered by the Emperor of Fez and Morocco, and by his subjects, in the same manner as the English.
XVI. It is moreover agreed, that such of the English subjects of his Britannic Majesty, or others, who shall be ordered by the governor of the city of Gibraltar (or of the island of Minorca, when it shall be again in the possession of the English) shall be permitted, and shall have liberty to buy cattle, provisions, refreshments, and all necessaries they please, for the said places, in the public markets, or in any other manner, as shall be most convenient to them, in any port or place in the dominions of the Emperor of Fez and Morocco, and shall take them away, without hinderance or molestation, paying a stipulated duty for the said cattle, provisions, refreshments, &c.
XVII. It is moreover agreed, that such a number and quantity of passports shall be transmitted to the Emperor of Fez and Morocco, as shall be judged necessary for him, and which shall be indented in such manner as shall tally with thofe which the English merchants shall receive in England; and if a ship of war shall meet with any of the merchant ships belonging to the Emperor, such merchant ships shall be
obliged obliged to produce and shew their passports, which the English consul has given them.
XVIII. It is also agreed, that if any of the subjects of the Emperor of Fez and Morocco shall have been made slaves, and shall escape on board any English ship of war, or to Gibraltar (or to Port-Mahon, when h shall be again in possession of the English) or in any other part of the English dominions, the same are to be protected, and sent with all convenient speed to their respective homes; and his Majesty of Fez and Morocco assures and promises, that the subjects of his Britannic Majesty, who may escape from Ceuta, or any other garrison on the coast of Africa, being prisoners in such garrisons on the coast of Africa (not having taken arms against the Emperor) shall be free, and sent to Gibraltar.
XIX. It is moreover agreed, that no obligation or contract shall have force, or be valid, against any merchant whatsoever, subject of his Britannic Majesty, unless the said merchant shall have signed it with his hand; and in case that any one cannot write, it shall suffice that a person, to his satissaction, has wrote such obligations or contracts, and signed them for him: the fame privilege shall be granted to the subjects of the Emperor of Fez and Morocco, residing in the dominions of his Britannic Majesty.
XX. It is moreover agreed, that all ships and vessels belonging to his Britannic Majesty, in Germany, shall carry a pass; that the form and head of the said pass shall be sent to the consul of his Britannic Majesty residing in Barbary, to be delivered to the commanders or captains of the ships or cruizers of the Emperor of Fez and Morocco, to the end that the said commanders or captains may shew the due respect to this peace, without offending through ignorance; and all the commanders or captains of ships or vessels belonging to the subjects of his Britannic Majesty in Germany, who shall meet with any ship or vessel of the
•. . •Emperor Emperor of Fez and Morocco, or of his subjects, if the captain thereof shews a pass, signed by the governor of the city he belongs to, with a certificate from the English consul, or, in case of his death or absence, from the major part of the English merchants residing there, he shall be permitted to pursue his voyage without impediment or injury.
XXI. It is also agreed, that the subjects of his Britannic Majesty shall not be obliged to present themselves before the magistracy of the country, to be judged, under any pretence; and their causes, suits, or differences, which may happen with the Moors, or any other subjects whatsoever, living in the dominions of the Emperor of Fez and Morocco, shall be judged and determined only by the governor of the city and (he English consul.
XXII. It is also agreed, that in cafe any ship or ships of war, or others, at enmity with his Britannic Majesty, shall be in any port of the Emperor of Fez and Morocco, where at the same time there shall be ships belonging to the subjects of his Britannic Majesty, the said cruizers shall not be permitted to offer any violence to them, nor to sail under forty hours after the said ships shall be departed; and it is moreover agreed, that the peace shall commence from the signing of this treaty, after which, no subject of his Britannic Majesty shall be bought, sold, or made a slave of, in any part of the dominions, or under the jurisdiction of the Emperor of Fez and Morocco $ and this shall be ratified within six months, or sooner if possible; and in case, in the mean time, any prize shall be made by either of the two parties with lofs, reparation shall be made according to the shares, and as the ship or effects shall have been sold; and the part which shall remain entire, shall be immediately restored in its own species i the people shall be set at liberty.
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XXIII. It is agreed and concluded (in order that there be no excuse made, or ignorance pretended of this peace) that the twenty-five articles following and before mentioned, shall be declared and published to all the subjects of each Power, which declaration shall be signed by each party, and shall be observed by them, to avoid disputes; and that they shall be translated immediately, by the Emperor's order, into the Arabic language; that copies of them shall be sent to all the Alcaides and officers of all the ports of the dominions of his Imperial Majesty, to be read publicly by the judge, and asterwards to remain deposited in the hands of the said judge, or the Alcaide of the port, for occasions that may offer; and, to prevent all other troubles, that every captain of a ship of war, or cruizer, of the Emperor of Fez and Morocco, shall be provided with a copy of them, which copy shall be actually on board the said ship or cruizer, in order to make this peace the more inviolable; and that the ratification of the said articles shall be in the Spanish language, which shall be received, and of equal force, as if it was in either language of the two nations. »
XXIV. And lastly, it is agreed and concluded, that when his Excellency Mark Milbanke, Esquire, his Britannic Majesty's ambassador, arrives at court, or where he shall receive his audience, or during the time he stays in the dominions of the Emperor, he shall never, in any manner, be asked or interrogated by the Emperor, his servants, or any other person, either Christian, Moor, or Jew, relating to any prize or prizes made by his Britannic Majesty's ships of war, or privateers, neither shall he meet with any insults or affronts, by applications on that or any other matter; it being clearly understood, that the twenty-five thoufend pesos duros, which are paid (exclusive of the two hundred thousand pesos duros for the redemption) are for the entire satissaction of all difficulties, differences, ences, pretensions^ disputes, of any sorts, depending. between their Imperial and Britannic Majesties, their subjects, or the inhabitants of their dominions, and to cement a true and inviolable peace and friendship betweeft-the two nations. And it is further agreed, that the consul or consuls of his Britannic Majesty shall not pay any duties for their furniture,, cloaths, or baggage, or any other necessaries, which they shall at times have occasion to bring to the Emperor's dominions, for the consumption of them, or their samilies, in their houses.
IT is moreover agreed, that if any of the governors of Gibraltar, or Minorca (when it shall be again in the possession of the English) shall desire flour or wheat, son the troops of the said garrisons, thathis Imperial Majesty permits them to buy the same, in any places of his Imperial Majesty's dominions, and to carry them away, paying a fixed duty; but it is understood, that the Emperor does not grant the said privilege to any merchant to carry away the said articles to fell. And, it is permitted, that the ships of war may buy the said articles for their own use, in any port of his Imperial Majesty's dominions, without paying any duty or imposition. Given and signed in our Royal court of Fez, the 28th of July, 1760.
W E having seen and considered the above-written treaty, have approved, ratified, and confirmed the same, in all and singular its clauses, as, by these present', we do approve, ratify, and confirm the same, for us, our heirs and successors, engaging and promising, on our Royal word, sacredly and inviolably to perform and observe all and singular its contents, and never to suffer, as sar as in vis sies, any person to violate the same, or in any manner to act contrary thereto. In witness whereof, we have caused our great seal of Great Britain to be affixed to these presents, signed with our Royal hand. Given at our palace at St. James's, the
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