molest any veffels bringing provifions and refreshments for his Britannic Majefty's troops and garrifons in thofe places, or to give any disturbance to the trade and commerce thereof: and if any prize fhall be taken by the fhips 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 fhips 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 custom 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 provisions, and should fend from thence to purchase supplies in any part of the dominions belonging to Tunis, they fhall be permitted to buy cattle alive or dead, and all other kinds of provifion, at the prices they are fold in the market, and fhall be fuffered to carry it off without paying duty to any officer, in the fame manner as if his Majefty'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, fhall in any manner be queftioned about the fame.

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

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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 fhall be fhot off from the caftles of the Goletta, or other the nearest fortifications belonging to Tunis, a number of guns according to custom, as a royal falute to his British Majefty's colours, and the fame number shall be returned in anfwer 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 represent 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 fhall either bring into or carry out of the kingdom of

Tunis.

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

XVIII. It is moreover agreed, concluded, and established, that in cafe any British fhip 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, muskets, piftols, cannon powder, or fine powder, bullets, mafts, anchors, cables, pitch, tar, or the like; as alfo provifions, 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 state or nation whatever, the fhips of Tunis fhall not in any fort afford affiftance to the enemies of his Majesty or his subjects.

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 efcape, the conful fhall not be molested, or called upon for that account; and the conful fhall always have timely notice, that he may have an opportunity of being present 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.j

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 fhall be treated in all respects like other Englifh fhips, provided that there be no more than one third part of the fhip's company who are not subjects of his faid Majefty, for, in such case, they (the faid ftrangers) fhall be deemed as prifoners: 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 fhall be immediately released, with all their goods and merchandize, provided always that they be provided Dd 2

with

with proper paffports; and this article is to be obferved reciprocally on the parts of the English.

XXIII. That if any British fhips or veffels meet with any of the fhips or veffels belonging to the State of Tunis, and there should be any injury or offence given by either fide, juftice being properly demanded, shall be immediately done, and the aggreffor fhall be feverely punished, without it occafioning any breach or

war.

XXIV. That his Britannic Majefty's fubjects shall be always treated, by the State of Tunis, with the highest degree of refpect, love, and honour; because the English, of all other Powers, are their first and best friends.

XXV. That ǹew Mediterranean paffes fhall be iffued out and given to his faid Majefty's trading fubjects, with all convenient speed; and that the time for the continuance of the old paffes, for the fhips in the Indies and remote parts, fhall be three years; and for all other fhips and veffels, one year; to commence from the delivery of the counter-tops of the new paffes at Algiers; of which his Majefty's conful here hall give the earlieft notice to this ftate; and it is hereby exprefsly agreed and declared, that the faid new paffes fhall, during the above-mentioned fpaces of time of three years and one year, be of full and fufficient force and effect to protect all ships and veffels of his faid Majefty's fubjects, who fhall be provided with

the fame.

XXVI. That all packets bearing his Britannic Majefty's commiffion, which fhall be met by any of the cruizers of Tunis, fhall be treated with the fame refpect as his Majefty's fhips of war; and all due respect fhall be paid to his Majefty's commiffion, and both at meeting and parting they fhall be treated as friends; and if any of the cruizers of Tunis commit the leaft

fault

fault or violence against them, the captains or raizes fo offending fhall, on their arrival at Tunis, and proper complaint being made of them, be most severely punished, without admitting of their excuses.

All the preceding articles of this treaty, having been approved of and agreed to, are hereby ratified, renewed, and confirmed, between his moft Sacred Majefty the King of Great Britain, &c, and the moft Illuftrious Lord Ali Pafha, Begler Bey and fupreme commander of the ftate of Tunis, which let no one prefume to infringe or violate. Dated, in the prefence of Almighty God, at the palace of Bardo, near Tunis, this nineteenth day of October, one thousand feven hundred and fifty-one, according to the Chriftian computation; and of the Turkish Hageira, one thoufand one hundred and fixty-four, the tenth day of the moon Zil Hadgi Sheriffay.