any unjuft demands being made upon the crown of Great Britain, and to avoid difputes and differences that might arife, all goods and merchandize that fhall from henceforward be fhipped by the fubjects of Tunis, either in this port, or in any other whatfoever, on board the fhips or veffels belonging to Great Britain, fhall be firft entered in the office of Cancellaria, before the British conful refiding at the refpective port, expreffing the quantity, quality, and value of the goods fo fhipped, which the faid conful is to manifeft in the clearance given to the faid fhip or veffel before fhe departs; to the end that if any caufe of complaint fhould happen hereafter, there may be no greater claim made on the British nation, than by this method fhall be proved to be just and equitable.

V. That if any of the fhips of either party fhall, by accident of foul weather, or otherwife, be caft away upon any of the coafts belonging to the other, the perfons hall be free, and the goods faved and delivered to the proprietors thereof.

VI. That the English which do at prefent, or fhall at any time hereafter, inhabit in the city or kingdom of Tunis, fhall have free liberty, when they please, to tranfport themselves, with their families and children, although born in the country.

VII. That the people belonging to the dominions of either party fhall not be abufed with ill language, or otherwife ill treated, but the parties fo offending fhall be punished feverely according to their de

ferts.

VIII. That the conful, or any other of the English nation, refiding in Tunis, fhall not be obliged to make their addreffes, in any difference, unto any court of juftice, but to the Bafhaw himfelf, from whom only they fhall receive judgment, in cafe the difference fhould happen between a fubject of Great Britain and another

of

of this government, or any other foreign nation; but if it should be between two of his Britannic Majefty's fubjects, then it is to be decided by the British conful only.

IX. That neither the English conful, nor any other of his Majefty's fubjects, fhall be liable to pay the debts of any other of the nation, unless particularly bound thereto under his own hand.

X. That whereas the island of Minorca in the Mediterranean Sea, and the city of Gibraltar in Spain, do now belong to his Majefty the King of Great Britain; it is hereby agreed and fully concluded, that from this time forward, for ever, the faid island of Minorca, fhall be efteemed (as likewife Gibraltar) by the government of Tunis, to be, in every respect, part of his Britannic Majefty's dominions, and the inhabitants thereof fhall be looked upon as his Majefty's naturalborn fubjects, in the fame manner as if they had been born in any other part of Great Britain; and they, with their fhips and veffels wearing British colours, fhall be permitted freely to trade and traffic in any part of the kingdom of Tunis, and fhall pafs, without any molef tation whatsoever, either on the feas or elfewhere, in the fame manner, and, with the fame freedom and privileges, that have been ftipulated, in this and all former treaties, in behalf of the British nation and fubjects.

XI. That, the better and more firmly to maintain the good correfpondence and friendship that have been fo long and happily established between the crown of Great Britain and the government of Tunis, it is hereby agreed and concluded by the parties before-, mentioned, that none of the fhips and veffels belonging to Tunis, or the dominions thereof, fhall be permitted to cruize or look for prizes, of any nature whatsoever, before, or in fight of the aforefaid city of Gibraltar, or of the ports in the island of Minorca, to hinder or

any

moleft

molest any vessels bringing provifions and refreshments for his Britannic Majefty's troops and garrifons in those places, or to give any disturbance to the trade and commerce thereof: and if any prize shall be taken by the ships or veffels of Tunis, within the fpace of ten miles of the aforefaid places, fhe fhall be restored without any contradiction.

XII. That all the ships of war belonging to the dominions of either party, fhall have free liberty to use each other's ports, for washing, cleaning, and repairing any their defects; and to buy and fhip off any fort of victuals, alive or dead, or any other neceffaries, at the price the natives buy at in the market, without paying cuftom to any officer. And whereas his Britannic Majefty's fhips of war do frequently affemble and harbour in the port of Mahon in the island of Minorca; if, at any time, they, or his Majefty's troops in garrifon there, fhould be in want of provifions, and fhould fend from thence to purchase fupplies in any part of the dominions belonging to Tunis, they fhall be permitted to buy cattle alive or dead, and all other kinds of provision, at the prices they are fold in the market, and shall be fuffered to carry it off without paying duty to any officer, in the fame manner as if his Majesty's fhips were themselves in the port.

XIII. That in cafe any fhips of war, belonging to the dominions of Tunis, fhall take, in any of their enemies fhips, any Englishmen ferving for wages, they are to be made flaves; but if merchants or paffengers, they are to enjoy their liberty and goods free.

XIV. That if any flave of Tunis fhould make his escape from thence, and get on board an English man of war, the faid flave fhall be free, and neither the English conful, nor any of his nation, shall in any manner be questioned about the fame.

XV. That, the better to prevent any disputes that may hereafter arife between the two parties about VOL. II.

Dd

falutes

falutes and public ceremonies, it is hereby agreed and concluded, that whenever any flag officer of Great Britain fhall arrive in the bay of Tunis, in any of his Majefty's fhips of war, there shall be shot off from the caftles of the Goletta, or other the nearest fortifications belonging to Tunis, a number of guns according to cuftom, as a royal falute to his British Majefty's colours, and the fame number shall be returned in anTwer thereto by his Majefty's fhips; and it is hereby ftipulated and agreed, that all ceremonies of honour fhall be allowed to the British conful, who refides here to reprefent his Majefty's perfon, equal in every re fpect to any other nation whatsoever, and no other conful in the kingdom to be admitted before him in precedency.

XVI. That the fubjects of his moft Sacred Majefty of Great Britain, &c. either refiding in or trading to the dominions of Tunis, fhall not, for the time to come, pay any more than three per cent. cuftom on the value of the goods or merchandize which they shall either bring into or carry out of the kingdom of Tunis.

XVII. It is moreover agreed, concluded, and eftablished, that at whatsoever time it fhall please the government of Tunis to reduce the customs of the French nation to lefs than they pay at prefent, it shall always be obferved, that the British cuftoms fhall be two per cent. less than any agreement that shall for the future be made with the faid French, or that fhall be paid by the subjects of France.

XVIII. It is moreover agreed, concluded, and established, that in cafe any British ship or fhips, or any of the fubjects of his Majefty of Great Britain, fhall import at the port of Tunis, or any port of this kingdom, any warlike ftores, as cannons, mufkets, piftols, cannon powder, or fine powder, bullets, mafts, anchors, cables, pitch, tar, or the like; as alfo provisions, viz. wheat, barley,

barley, beans, oats, oil, or the like; for the faid kind of merchandize they fhall not pay any fort of duty or custom whatever.

XIX. That in cafe a war fhould happen between. his Britannic Majefty and any other ftate or nation whatever, the fhips of Tunis fhall not in any fort afford affiftance to the enemies of his Majefty or his fubjects.

XX. That if an Englishman kills a Turk, he shall be judged before the caddi of the place, according to juftice: if he is found guilty of the crime, he fhall be punished with death; but if he escape, the conful fhall not be molefted, or called upon for that account; and the conful shall always have timely notice, that he may have an opportunity of being prefent at the trial.

XXI. That if at any time a war or rupture happen between the two contracting Powers, the English conful and his nation may freely depart with all their goods and effects: and this article is to be reciprocal for the fubjects of Tunis.]

XXII. That whereas Gibraltar and the island of Minorca do belong to his Britannic Majefty, if at any time any of the cruizers of Tunis fhould meet with any veffels of the faid places, under English colours, furnished with proper paffports, they shall be treated in all refpects like other English fhips, provided that there be no more than one third part of the fhip's company who are not fubjects of his faid Majefty, for, in fuch case, they (the faid ftrangers) fhall be deemed as prisoners: but it is allowed to embark as many merchants or paffengers as they fee good, be they of what nation foever: and if at any time a Tunis man of war fhall take a fhip from their enemies, on board of which may happen to be any English fubjects, they shall be immediately releafed, with all their goods and merchandize, provided always that they be provided Dd 2

with