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Bafhaw, Bey and fupreme Commander of the State of
I. IN the first place, it is agreed and concluded, that, from this day and for ever, the peace made by the honourable Auguftus Keppel, commander in chief of his Britannic Majefty's fhips and veffels in and about the Mediterranean, and Charles Gordon Efq; his faid Serene Majefty's agent and conful-general to the ftate of Tunis, with the late moft Excellent and Illuftrious Lord Ali Pafcha, Begler Bey and fupreme commander of the faid ftate, concluded and figned in the palace of Bardo, near Tunis, on the 19th day of October, 1751, be hereby renewed, ratified, and confirmed and that the fhips and other veffels, and the fubjects and people of both fides, fhall not henceforward do to each other any harm, offence, or injury, either in word or deed; but fhall treat one another with all poffible respect and friendship.
II. That his Britannic Majefty's conful, living in Tunis, fhall for ever hereafter be allowed the liberty of choofing his own broker and druggerman, who fhall be a real Turk; and to exchange them when and as often as he fhall think fit.
III. That if any fhips or veffels, of Chriftian nations in enmity with the King of Great Britain, &c. shall at any time hereafter be met with, or found upon the coaft of the kingdom of Tunis, either at anchor or otherwise, and not within the reach of cannon-fhot of the fhore, that it fhall and may be lawful for any of his Britannic Majefty's fhips or veffels of war, or any English privateers, or letters of marque, to take and feize as prizes any fuch fhips or veffels fo met with or found as aforefaid; and fhall alfo be fuffered to bring
the faid prizes into any port, road, or harbour of the kingdom of Tunis: and to difpofe of the whole or any part thereof, or otherwife to depart with fuch captures,. without the leaft hinderance or moleftation whatfo-
IV. and last. And lastly, It is agreed, that if at any time hereafter his Britannic Majefty fhall be at war with any Mahometan Prince or State, and any fhips or veffels, belonging to fubjects of fuch Prince or State, fhall be met with by any of his Britannic Majefty's fhips or veffels of war, or by any fhips or veffels of his Majefty's fubjects, within fight of any part of the coaft of the kingdom of Tunis, that they fhall be fuffered to pass free and unmolefted.
Confirmed and fealed in the palace of Bardo, near Tunis, in the prefence of Almighty God, the twenty-second day of June, in the year of our Lord Jefus Chrift one thoufand feven hundred and fixty-two, and in the year of the Hegira 1175, and the last day of the moon Zilcade.
Arch Clevland (L. S.)
Articles of Peace and Commerce between the most Serene and Mighty Prince George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Chriftian Faith, Duke of Brunfwic and Lunenburg, Arch-treafurer and Elector of the Holy Roman Empire, &c. &c. &c. and the moft Excellent and Illuftrious Lord Ali Pafcha, Begler Bay and fupreme Commander of the State of Tunis, renewed, agreed on, and confirmed, by the Honourable Auguftus Keppel, Commander in Chief of his Britannic Majesty's Ships and Veffels in and about the Mediterranean Seas, and Charles Gordon, Efq; his faid Serene Majesty's Agent and Conful General to the State of Tunis, furnished with his Majefty's Full Powers for that Purpose.
I. THAT all former grievances and loffes, and other pretences, between both parties, fhall be void and of no effect; and from henceforward there shall be a firm peace for ever, and free trade and commerce, between his Britannic Majefty's fubjects and the people of the kingdom of Tunis, and dominions thereunto belonging: but this article fhall not cancel or make void any juft debt, either in commerce or otherwise, between the fubjects on both fides, but the fame may be demanded and recovered as before.
II. That the ships of either party fhall have a free liberty to enter into any port or river belonging to the dominions of the other, where they fhall pay duty only for what they fell, and, for the reft, may freely export it again without moleftation; and shall enjoy all other accustomed privileges: and the late exaction that hath been at the Goletta and the Marine, fhall be reduced to the ancient customs in those cafes.
III. That there fhall not be any feizure made of any of the ships of either party, either at fea or in port, but they fhall pafs without any interruption, they difplaying their colours; and, to prevent any mifunderftandings, the fhips of Tunis fhall be furnifhed with certificates, under the hand and feal of the British conful, of their belonging to Tunis, which they are to produce on meeting with any Englifh fhip; on board of whom they fhall have liberty of fending two men only, peaceably to fatisfy themfelves of their being English; who, as well as any paffengers of other nations they may have on board, fhall go free, both them and their goods.
IV. That if an Englifh fhip receive on board any goods or paffengers belonging to the kingdom of Tunis, they fhall be bound to defend them and their goods, fo far as lieth in their power, and not deliver them unto their enemies. And, the better to prevent
any unjust 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 whatsoever, 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 manifelt 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 otherwise, 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 transport 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 otherwise ill treated, but the parties fo offending fhall be punished feverely according to their deferts.
VIII. That the conful, or any other of the English nation, refiding in Tunis, fhall not be obliged to make their addresses, in any difference, unto any court of justice, but to the Bafhaw himself, from whom only they fhall receive judgment, in cafe the difference fhould. happen between a fubject of Great Britain and another
of this government, or any other foreign nation; but if it fhould be between two of his Britannic Majesty'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, unlefs particularly bound thereto under his own hand.
X. That whereas the island of Miñorca 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 ifland of Minorca, fhall be esteemed (as likewife Gibraltar) by the government of Tunis, to be, in every refpect, part of his Britannic Majefty's dominions, and the inhabitants thereof fhall be looked upon as his Majesty'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 país, without any moleftation whatsoever, either on the feas or elsewhere, in the fame manner, and with the fame freedom and privileges, that have been ftipulated, in this and all for-mer treaties, in behalf of the British nation and fubjects.
XI. That, the better and more firmly to maintain the good correfpondence and friendfhip 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 whatfoever, before, or in fight of the aforefaid city of Gibraltar, or any of the ports in the ifland of Minorca, to hinder or moleft