Page images

merchant fhips from the English men of war, who fhall allow the paffport made out by the English conful, and if the conful fhall not be prefent to make them, then the paffports made out by the English merchants to be good and valid.

V. If the English men of war, privateers, or letter of marque fhip, fhall take prizes from any nation with whom they fhall be at war, they fhall have liberty to bring and difpofe of the fame in any of the Emperor's dominions, without any duty or charge whatsoever.

VI. If any English fhip fhall, by ftorm, or in flying from her enemy, come upon the Emperor's Coafts, the fame fhall be fafely protected, and nothing touched or taken away, but shall be under the direction of the Englifh conful, who fhall fend the goods and people where he fhall think fit.

VII. It is the mutual agreement of the King of Great Britain and the Emperor, that the Emperor do iffue out orders to all parts of his dominions, for the well ufing of all the English fubjects; and that particular places be appointed for the burial of their dead; that the conful's brokers fhall freely go on board any ship without interruption; that the English confuls, merchants, and other fubjects of Great Britain, may safely travel by land with effects without any hindrance whatever; and if any English settled in the Emperor's dominions fhall be defirous to return home, that they may fo do with their families, goods and effects, without interruption: If any English die, the effects of fuch to be taken under the care of the conful, to be dif pofed of as directed by the will of fuch perfon, and if no will, for the benefit of such person's next heir; and if any debts shall be owing to fuch deceased person, the fame to be paid by order of the governor or other perfon in power, where fuch perfon fhall die; and that a subject of the Emperor's be appointed to demand and receive the fame, and depofit the fame in the hands of the English Conful for the aforefaid ufes. If any English fhall contract debts in the Emperor's country, and remove from thence without fatisfying the fame, no other person shall be liable to pay fuch debts: The like ufage and treatment the fubes of the Emperor are to receive in the King of Great


Britain's dominions; and that the King may fend as many Confuls to the Emperor's dominions as he thall think neceffary,

VIII. That no English merchant, captains of fhips, or other perfon or perfons whatsoever that are English subjects, fhall be forced to fell any of their goods for less than the real value; and that no captain, master, or commander of any English fhip fhall be compelled, without their own will and confent, to carry any goods or merchandizes for any person or perfons whatsoever; nor fhall any failor be forced away from any English fhip.

IX. If any quarrel or dispute fhall happen between any Englishman and a Muffelman, by which hurt to either may enfue, the fame to be heard before and determined by the Emperor only; and if an Englishman, who may be the aggreffor, fhall make his escape, no other Englishman fhall fuffer upon his account; and if two Englishmen fhall quarrel, to be determined by the English Conful, who fhall do with them as he pleafes; and if any quarrel or difpute fhall happen between Muffelmen in England, or in any of the English dominions, by which hurt may enfue, the fame to be heard before one Christian and one Muffelman, and to be determined according to the laws of Great Britain.

[ocr errors]

X. If it fhall happen that this peace by any means fhall be broke, the Conful, and all other English, fhall have fix months time to remove themselves with their families and effects to any place they please without interruption; and that all debts owing to them fhall be juftly paid to them.

XI. If any English in the Emperor's dominions, or the Emperor's fubjects in the English dominions, fhall maliciously endeavour to break the peace, fuch of them who fhall be proved fo to intend, fhall by each power be punifhed for fuch offence, each power to take cognizance of their own fubjects.

XII. If any of the Emperor's fubjects fhall purchase any commodity in the English dominions, they fhall not be imposed on in price, but pay the fame as is fold to the English.

XIII. That

XIII. That not any of the Spanish, whether captains, failors, or other perfons under the English government in Gibraltar or Port Mahon, fhall be taken or molefted, failing under English colours with paffports.

XIV. That no excufe be made, or ignorance pretended, of this peace, the fame fhall be published and declared to all the fubjects of each power, which declaration shall be figned by each power, and kept by them to prevent difputes,

XV. If any men of war fhall be on the Emperor's coasts, that are enemies to the English, and any English men of war, or other English fhips, fhall happen to be or arrive there also, that they fhall not in any manner be hurt or engaged by their enemy; and when fuch English ships Thall fail, their enemies fhips fhall not fet fail under forty hours afterwards. And if after the conclufion of this peace, any fhips fhall happen to be taken by either power within fix months after the proclamation of the peace, that the fame, with the people and effects, fhall be_reftored. Made and declared in the prefence of the Emperor's fervant Ahammed Basha, son of Alli, son of Abdula, by the authority given to him by the Emperor. Dated this 23d of January, in the year 1721, English ftile. Wrote and given to Charles Stewart, Efq; the English ambaffador, in the feventh year of the reign of our late royal father King George the First.


E having feen and confidered the above-written treaty, with the additional articles, have approved, ratified, and confirmed the fame, in all and fingular their clauses, as by these prefents we do approve, ratify, and confirm the fame, for us, our heirs, and fucceffors, engaging and promifing on our royal word, facredly and inviolably to perform and obferve all and fingular their contents, and never to fuffer, as far as in us lies, any person to violate the fame, or in any manner to act contrary thereto. In witnefs whereof we have caufed our great feal of Great Britain to be affixed to these prefents, figned with our royal hand. Given at our Court at Kenfington the Thirty-first day of July, in the year of our Lord, 1751, and of our reign the Twenty-fifth.



Treaty of peace and commerce, between the most ferene 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 Brunswick and Lunenburgh, Arch-Treafurer and Elector of the Holy Roman Empire, &c. &c. &c. &c. And the most excellent and illuftrious Lords, Mahammet Bafhaw Gramali, Dey, Governor, and Captain General, Seedy Ali Bey, Seedy Haffan Kiaja, the Divan, and all the Officers, Soldiers, and People of the noble city and kingdom of Tripoli in Barbary, renewed, agreed on, and confirmed, by the honourable Auguftus Keppel, Commander in chief of his Britannick Majesty's fhips and vessels in and about the Mediterranean feas, and Robert White, Esq; bis faid Serene Majesty's Agent and Conful General to the Dey and State of Tripoli, furnifhed with his Majefly's full powers for that purpose.

Article I,


N the first place it is agreed and concluded, That from this time forward, for ever, there fhall be a true and inviolable peace between the moft Serene King of Great Britain, and the most illuftrious Lords and Governors of the city and kingdom of Tripoli in Barbary; and between all the dominions and fubjects of either fide; and if the fhips and fubjects of either party fhall happen to meet upon the feas, or elsewhere, they fhall not moleft each other, but shall fhew all poffible refpect and friendship.

II. That all merchant fhips belonging to the dominions of Great Britain, and trading to the city, or any part of the kingdom of Tripoli, fhall pay no more than Three per Cent. custom for all kinds of goods they shall fell: and for fuch as they fhall not fell, they fhall be permitted freely to embarked it again on board their fhips, without paying any fort of duty whatsoever, and shall depart without any hindrance or moleftation.

III. That all fhips and other veffels, as well those belonging to the faid King of Great Britain, or to any of his Majesty's fubjects, as thofe belonging to the kingdom or people of Tripoli, fhall freely pafs the feas, and traffick


where they pleafe, without any fearch, hindrance or moleftation from each other: and that all perfons or paffengers, of what country foever; and all monies, goods, merchandizes, and moveables, to whatfoever people or nation belonging, being on board of any the faid fhips or veffels, fhall be wholly free, and fhall not be stopped, taken or plundered from either party.

IV. The Tripoli fhips of war, or any other veffels thereunto belonging, meeting with any merchant fhips, or other veffels of the King of Great Britain's fubjects not being in any of the feas appertaining to any of his Majefty's dominions, may fend on board one fingle boat, with two fitters, befides the ordinary crew of rowers; and no more but the two fitters to enter any of the faid merchant fhips, or any other veffels, without the exprefs leave of the commander of every fuch fhip or veffel; and then, upon producing unto them a pafs under the hand and feal of the Lord High Admiral of England, the said boat fhall presently depart, and the merchant ship or fhips, veffel or veffels, fhall proceed freely on her or their voyage and although the commander or commanders of the faid merchant fhip or fhips, veffel or veffels, produce no pafs from the Lord High Admiral of England, yet if the major part of the fhip's or veffel's company be fubjects to the faid King of Great Britain, the faid boat shall prefently depart, and the merchant fhip or fhips, veffel or veffels, fhall proceed freely on her or their voyage: and any of the faid fhips of war, or other veffels of his faid Majefty, meeting with any fhip or fhips, veffel or veffels, belonging to Tripoli, if the commander of any fuch ship or fhips, veffel or veffels, fhall produce a pass, figned by the chief governors of Tripoli, and a certificate from the English Conful living there; or if they have no fuch pafs or certificate, yet if the major part of their fhip's company or companies be Turks, Moors or Slaves belonging to Tripoli, then the faid Tripoli fhip or fhips, veffel.or veffels, fhall proceed freely.

V. That no commander, or other perfon, of any fhip or veffel of Tripoli, fhall take out of any fhip or veffel of his faid Majefty's fubjects, any perfon or perfons whatfoever, to carry them any where to be examined, or upon


« PreviousContinue »