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said effects and debts to some other Christian merchant (of any nation whatsoever) in which case, the governor shall not intermeddle further than to use his authority to see that the will and testament of the deceased be carried into execution, as in recovery of his debts, &c. and further declares, that no subject of his Britannic Majesty shall be obliged to give fatisfaction for any other debt, but what shall be contracted by himfelf
, or shall appear by his accounts; and that the fubjects of the Emperor of Fez and Morocco, as well Moors as Jews, residing in the dominions of the King of Great Britain, shall enjoy the same privileges that are granted to the English residing in Barbary; and that the domestic fervants of the consuls, and other fubjects of his Britannic Majesty, of whatever nation they may be, either Moors or others, shall not pay the tax called the poll-tax, or any other tax.
VIII. It is agreed, that no Alcaide, governor, foldier, or subject of the Emperor of Fez and Morocco, shall lay violent hands on the effects or merchandizes belonging to the subjects of his Britannic Majesty, within the jurisdiction of the Emperor of Fez and Morocco, without first treating, agreeing, and paying the value thereof, or according to an agreement made, and without having permission and authority from the Emperor for that purpose; neither shall the subjects of his Britannic Majesty be forced to buy goods contrary to their inclination : and it is moreover agreed, that no commander or captain of an English fhip shall be obliged or constrained to negotiate, or receive on board, merchandizes belonging to any person whatsoever, he or they declaring, to the consul residing there, the reason for it, neither shall the said ship be detained or embargoed under any pretence; and that, if any of the Emperor's subjects shall freight an English ship to carry and convey any commodities from one place to others of the Emperor's dominions, and it Thall happen, either from bad weather, or any other accident whatever, to touch at any place or places in the voy
age, such ship or ships shall not be obliged to pay any thing for the shelter or assistance they may receive; nor shall a pilot or mariner be taken out of any English ship.
IX. If there shall happen any quarrel or dispute between any Englishman and any Mussulman, by which any of them may receive detriment, the same shall be heard and determined by the Emperor alone; and if any Englishman, who shall be the aggressor, shall make his
escape, in such case no other Englishman shall suffer on his account, or in his place: it is also agreed, that if any law-suit, dispute, or difference, arifes beteen the subjects of his Britannic Majesty, they shall be accommodated by the consul of the nation: and if any quarrels shall happen among the Mussulmen in England, or in any of the English dominions, by which one of them may receive detriment, the same shall be heard before a Christian and a Mussulman, and shall 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 case of a rupture or war breaking out between their faid Majesties, in any time hereafter, the consul and other subjects of the King of Great Britain, who reside or traffic in the dominions of the said Emperor of Fez and Morocco, shall be permitted to quit the country whenever they think proper, as well in peace as in war, in any vessels of whatever nation; and also, in case of a rupture, the space of fix months shall be granted to them to remove; and all their debts shall be justly paid to them; and they shall take away their effects, families, children, though born in the country, and servants, without the least detention, impediment, or embargo,
XI. It is moreover agreed, that if any Englishman, in the dominions of the Emperor, or any subjects of the Emperor, in the English dominions, shall maliciously endeavour to break the peace, they, who are guilty
of such crime, shall be punished by each Sovereign for that offence : but each Sovereign shall take cognizance of his own subjects.
XII. It is also agreed, that if any subject of the Emperor of Fez and Morocco desires to transport commodities from the dominions of the King of Great Britain, he shall be permitted to do it, without paying greater duties or in positions than other nations pay, according to the custom of the country; and when the English convoy shall be ready, it shall be ordered, after its arrival at Gibraltar, to convoy the vefsel on which the said commodities are embarked, to the port his Imperial Majesty shall appoint.
XIII. It is also agreed, that no Spaniard, or native of any other country, whether captains, mariners, fifhermen, or other persons, under the English government in the city of Gibraltar (or in the island of Minorca, when it shall again be in possession of the English) shall be seized or molested, navigating under the English flag, with passports from the governor or commander in chief of those places, and that they shall be considered and esteemed as English natural subjects.
XIV. It is also agreed, that all the subjects 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 molestation, all their effects to any part of the dominions of the Emperor of Fez and Morocco
XV. It is further concluded, that all the subjects of his Britannic Majesty, and likewise of Hanover, and of his other dominions, who, being passengers on board any ship or vessel of any nation not in friendship with the Emperor of Fez and Morocco, shall be taken and
made prisoners by any of his cruizers, shall be imme diately set at liberty, and delivered to his Britannie Majesty's consul residing at the place where they shall be taken to; and, if there be no consul residing in fuch 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 che fame 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 Enga lish 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 Thall be again in the poffeffion 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 ftipulated 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 those which the English merchants shall receive in England; and if a ship of war fall meet with any of the merchant ships belonging to the Emperor, such merchant thips shall be
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 Naves, and shall escape on board any English • ship of war, or to Gibraltar (or to Port-Mahon, when it Thall be again in poffeffion 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 fubjects 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 fent 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 fuffice that a perfon, to his fatisfaction, 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 Thall meet with any ship or veffel of the