age, fuch ship or ships fhall not be obliged to pay any thing for the fhelter or affistance they may receive; nor shall a pilot or mariner be taken out of any English ship.

IX. If there fhall happen any quarrel or difpute between any Englishman and any Muffulman, by which any of them may receive detriment, the fame fhall be heard and determined by the Emperor alone; and if any Englishman, who fhall be the aggreffor, fhall make his escape, in fuch cafe no other Englishman shall suffer on his account, or in his place: it is alfo agreed, that if any law-fuit, difpute, or difference, arifes beteen the fubjects of his Britannic Majefty, they fhall be accommodated by the conful of the nation: and if any quarrels fhall happen among the Muffulmen in England, or in any of the English dominions, by which one of them may receive detriment, the fame fhall be heard before a Chriftian and a Muffulman, and fhall be decided according to the laws of Great Britain.

X. It is agreed, that not only during the present peace and amity, but also in cafe of a rupture or war breaking out between their faid Majefties, in any time hereafter, the conful and other fubjects of the King of Great Britain, who refide or traffic in the dominions of the faid Emperor of Fez and Morocco, fhall be permitted to quit the country whenever they think proper, as well in peace as in war, in any veffels of whatever nation; and alfo, in cafe of a rupture, the fpace of fix months fhall be granted to them to remove; and all their debts fhall be justly paid to them; and they fhall take away their effects, families, children, though born in the country, and fervants, without the leaft detention, impediment, or embargo.

XI. It is moreover agreed, that if any Englishman, in the dominions of the Emperor, or any fubjects of the Emperor, in the English dominions, fhall maliciously endeavour to break the peace, they, who are guilty

of

of fuch crime, fhall be punished by each Sovereign for that offence: but each Sovereign fhall take cognizance of his own fubjects.

XII. It is alfo agreed, that if any fubject of the Emperor of Fez and Morocco defires to tranfport commodities from the dominions of the King of Great Britain, he fhall be permitted to do it, without paying greater duties or impofitions than other nations pay, according to the custom of the country; and when the English convoy fhall be ready, it fhall be ordered, after its arrival at Gibraltar, to convoy the veffel on which the faid commodities are embarked, to the port his Imperial Majesty shall appoint.

XIII. It is alfo agreed, that no Spaniard, or native of any other country, whether captains, mariners, fifhermen, or other perfons, under the English government in the city of Gibraltar (or in the island of Minorca, when it fhall again be in poffeffion of the English) fhall be feized or molested, navigating under the Englifh flag, with paffports from the governor or commander in chief of thofe places, and that they fhall be confidered and efteemed as English natural fubjects.

XIV. It is also agreed, that all the fubjects of the Emperor of Fez and Morocco, Moors, or Jews, shall be permitted to traffic, buy, or fell, in the city of Gibraltar (or in the island of Minorca, when it shall again be in poffeffion of the English) for the space of thirty days only, and, at the end of that time, to take and carry away, without moleftation, all their effects to any part of the dominions of the Emperor of Fez and Morocco.

XV. It is further concluded, that all the fubjects of his Britannic Majesty, and likewife of Hanover, and of his other dominions, who, being paffengers on board any fhip or veffel of any nation not in friendship with the Emperor of Fez and Morocco, fhall be taken and

made

made prisoners by any of his cruizers, fhall be immediately fet at liberty, and delivered to his Britannic Majesty's conful refiding at the place where they fhall be taken to; and, if there be no conful refiding in fuch place, to the principal merchant there, with directions to fend them, by the firft and moft convenient opportunity, to the fortrefs of Gibraltar, or to any other place; and in cafe any of the Emperor's fubjects, being paffengers on board any fhip or veffel of any nation at war with his Britannic Majefty, fhall be taken by his Britannic Majefty's fhips, they fhall in like manner be fet at liberty; and all his Britannic Majefty's fubjects, belonging to Hanover, or his other dominions in Germany, fhall enjoy the fame privileges, and fhall receive the fame refpect, and fhall be confidered by the Emperor of Fez and Morocco, and by his fubjects, in the fame manner as the English.

XVI. It is moreover agreed, that fuch of the Englifh fubjects of his Britannic Majefty, or others, who fhall be ordered by the governor of the city of Gibraltar (or of the ifland of Minorca, when it fhall be again in the poffeffion of the English) fhall be permitted, and shall have liberty to buy cattle, provifions, refreshments, and all neceffaries they pleafe, for the faid places, in the public markets, or in any other manner, as fhall be most convenient to them, in any port or place in the dominions of the Emperor of Fez and Morocco, and fhall take them away, without hinderance or moleftation, paying a stipulated duty for the faid cattle, provifions, refreshments, &c.

XVII. It is moreover agreed, that fuch a number and quantity of paffports fhall be tranfmitted to the Emperor of Fez and Morocco, as fhall be judged neceffary for him, and which shall be indented in fuch manner as shall tally with those which the English merchants fhall receive in England; and if a fhip of war fhall meet with any of the merchant fhips belonging to the Emperor, fuch merchant ships fhall be

obliged

obliged to produce and fhew their paffports, which the English conful has given them.

XVIII. It is also agreed, that if any of the subjects of the Emperor of Fez and Morocco fhall have been made flaves, and fhall efcape on board any English fhip of war, or to Gibraltar (or to Port-Mahon, when it fhall be again in poffeffion of the English) or in any other part of the English dominions, the fame are to be protected, and fent with all convenient speed to their refpective homes; and his Majefty of Fez and Morocco affures and promifes, that the fubjects of his Britannic Majefty, who may efcape from Ceuta, or any other garrifon on the coaft of Africa, being prifoners in fuch garrifons on the coaft of Africa (not having taken arms against the Emperor) fhall be free, and fent to Gibraltar.

XIX. It is moreover agreed, that no obligation or contract fhall have force, or be valid, against any merchant whatsoever, fubject of his Britannic Majefty, unless the faid merchant fhall have figned it with his hand; and in cafe that any one cannot write, it fhall fuffice that a perfon, to his fatisfaction, has wrote fuch obligations or contracts, and figned them for him: the fame privilege fhall be granted to the fubjects of the Emperor of Fez and Morocco, refiding in the dominions of his Britannic Majesty.

XX. It is moreover agreed, that all ships and vessels belonging to his Britannic Majefty, in Germany, fhall carry a pafs; that the form and head of the faid pafs. shall be sent to the conful of his Britannic Majefty refiding in Barbary, to be delivered to the commanders or captains of the fhips or cruizers of the Emperor of Fez and Morocco, to the end that the faid commanders or captains may fhew the due refpect to this peace, without offending through ignorance; and all the commanders or captains of fhips or veffels belonging to the fubjects of his Britannic Majefty in Germany, who shall meet with any fhip or veffel of the

Emperor

Emperor of Fez and Morocco, or of his fubjects, if the captain thereof fhews a pass, figned by the governor of the city he belongs to, with a certificate from the English conful, or, in cafe of his death or absence, from the major part of the English merchants refiding there, he fhall be permitted to purfue his voyage without impediment or injury.

XXI. It is alfo agreed, that the fubjects of his Britannic Majesty shall not be obliged to prefent themfelves before the magistracy of the country, to be judged, under any pretence; and their caufes, fuits, or differences, which may happen with the Moors, or any other fubjects whatfoever, living in the dominions of the Emperor of Fez and Morocco, fhall be judged and determined only by the governor of the city and the English conful.

any

XXII. It is alfo agreed, that in cafe any fhip or fhips of war, or others, at enmity with his Britannic Majefty, fhall be in any port of the Emperor of Fez and Morocco, where at the fame time there fhall be fhips belonging to the fubjects of his Britannic Majefty, the faid cruizers fhall not be permitted to offer violence to them, nor to fail under forty hours after the faid fhips fhall be departed; and it is moreover agreed, that the peace fhall commence from the figning of this treaty, after which, no fubject of his Britannic Majefty fhall be bought, fold, or made a flave of, in any part of the dominions, or under the jurifdiction of the Emperor of Fez and Morocco i and this fhall be ratified within fix months, or fooner if poffible; and in cafe, in the mean time, any prize fhall be made by either of the two parties with lofs, reparation fhall be made according to the fhares, and as the ship or effects fhall have been fold; and the part which shall remain entire, fhall be immediately reftored in its own fpecies; the people fhall be fet at liberty. XXIII. It

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