in the clearance given to the faid fhip or veffel before the departs; to the end that if any cause of complaint should 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 shall 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 dominion of either party, fhall not be abufed with ill language, or otherwise ill treated, but the parties fo offending, fhall be punished severely according to their deserts.

VIII. That the Conful or any other of the English nation refiding in Tunis, fhall not be obliged to make their addreffes, in any difference, unto any court of justice, but to the Bashaw 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 Britannick Majefty'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, unless particularly bound thereto under his own hand.

X. That whereas the island of Minorca in the Mediterranean fea, 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 said ifland of Minorca shall be efteemed (as likewife Gibraltar) by the government of Tunis, to be, in every respect, part of his Britannick Majefty's dominions, and the inhabitants thereof fhall be looked upon as his Majesty's natural-born subjects, in the

Tame

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 traffick in any part of the kingdom of Tunis, and fhall pafs, 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 former treaties, in behalf of the British nation. and fubjects.

XI. That the better and more firmly to maintain the good correspondence and friendship 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 whatsoever, before, or in fight of the aforefaid city of Gibraltar, or any of the ports in the ifland of Minorca, to hinder or moleft any veffels bringing provifions and refreshments for his Britannick Majefty's troops and garrifons in thofe places, or to give any difturbance to the trade and commerce thereof: And if any prize fhall be taken by the fhips or veffels of Tunis, within the space of ten miles of the aforefaid places, fhe fhall be reftored without any contradiction,

XII. That all the ships of war belonging to the domi nions of either party, fhall have free liberty to use cach other's ports, for washing, cleanfing and repairing any of 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 cuftom to any officer. And whereas his Britannick 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 Majesty's troops in garrifon there, fhould be in want of provifions, and fhould fend from thence to purchase fupplies 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 shall be fuffered to carry it off without pay

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ing duty to any officer, in the fame manner as if his Ma jefty'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 efcape from thence, and get on board an English man of war, the faid flave to be free, and neither the English Conful, nor any of his nation, fhall in any manner be quef tioned about the fame.

XV. That the better to prevent any difputes that may hereafter arife between the two parties about falutes and publick 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 fortification belonging to Tunis, a number of guns according to cuftom, as a royal falute to his British Majefty's colours, and the fame number fhall be returned in answer 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 reprefent equal in every refpect his Majefty's perfon, to any other nation whatsoever, and no other Conful in the kingdom to be admitted before him in precedency.

XVI, That the subjects of his moft facred 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. custom, 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 lefs than they pay at prefent, it shall always be observed, that the British customs fhall be two per cent. lefs than Any agreement that shall for the future be made with the

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faid French, or that fhall be paid by the fubjects of France.

XVIII. It is moreover agreed, concluded and establish ed, 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, mufkets, piftols, cannon powder, or fine powder, bullets, mafts, anchors, cables, pitch, tar, or the like; as alfo provifions, viz. wheat, barley, beans, oats, oil, or the like, for the faid kind of merchandize they fhall not pay any fort of duty or cuftom whatever.

XIX. That in cafe a war fhould happen between his Britannick Majefty and any other ftate or nation whatever, the fhips of Tunis fhall not in any fort afford affiftance to the enemies of his Majefty or his fubjects.

XX. That if an Englishman kills a Turk, he fhall 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 molefted, or called upon for that account; and the Conful fhall always have timely notice, that he may have an opportunity of being prefent 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.

XXII. That whereas Gibraltar and the island of Minorca do belong to his Britannick 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 refpects like other English fhips, provided that there be no more than one third part of the fhip's company who are not fubjects of his faid Majecty, for, in fuch cafe, 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 releafed, with all their

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goods and merchandize, provided always, that they be provided with proper paffports; and this article is to be obferved reciprocally on the part of the English.

XXIII. That if any Britifh fhips or veffels meet with any of the fhips or veffels belonging to the state of Tunis, and there fhould 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 of war.

XXIV. That his Britannick Majesty's fubjects shall be always treated, by the ftate 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 new 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 ships and veffels, one year; to commence from the delivery of the counter-tops of the new paffes at Algiers; of which his Majesty's Conful here fhall give the earliest notice to this state; and it is hereby expreffly 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 fhips and veffels of his faid Majesty's fubjects, who shall be provided with

the fame.

XXVI. That all packets bearing his Britannick 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 refpect fhall be paid to his Majesty's commiffion, and both at meeting and parting they fhall be treated as friends; and if any of the Cruizers of Tunis commit the least 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 moft feverely punifhed, without admitting of their excuses,

All the preceding articles of this treaty, having been approved of and agreed to, are hereby ratified, renewed

and