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 coafts, 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 fhips 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 Bafha, fon of Alli, fon 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,

WE

VE 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 promising 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 thefe prefents, figned with our royal hand. Given at our Court at Kensington the Thirty-first day of July, in the year of our Lord, 1751, and of our reign the Twenty-fifth.

GEORGE R,

Treaty

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-Treasurer 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 Majefty's fhips and vessels in and about the Mediterranean feas, and Robert White, Efq; bis faid Serene Majefty's Agent and Conful General to the Dey and State of Tripoli, furnished with his Majefly's full powers for that purpose.

IN

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 illustrious 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 ships 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 ships 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 fhall 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 fhall 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 pass the feas, and traffick

where

where they please, without any fearch, hindrance or mo. leftation 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 said merchant fhips, or any other veffels, without the exprefs leave of the commander of every such ship or veffel; and then, upon producing unto them a pafs under the hand and feal of the Lord High Admiral of England, the faid boat hall presently depart, and the merchant fhip 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 ship 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 fhip or fhips, veffel or vessels, 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

any

any other pretence, nor fhall ufe any torture or violence. unto any person of what nation or quality foever, being on board any fhip or veffel of his Majefty's fubjects, upon any pretence whatsoever.

VI. That no fhipwreck belonging to the faid King of Great Britain, or to any of his Majefty's fubjects, upon any part of the coafts belonging to Tripoli, fhall be made or become prize; and that neither the goods thereof fhall be feized, nor the men made flaves; but that all the fubjects of Tripoli fhall do their best endeavours to fave the faid men and their goods.

VII. That no ship, or any other veffel of Tripoli, fhall have permiffion to be delivered up, or to go to any other place in enmity with the faid King of Great Britain, to be made ufe of as Corfairs at fea against his faid Majesty's fubjects.

VIII. That if any ship or veffel of Tunis, Algiers, Tetuan, or Sally, or any other place, being in war with the faid King of Great Britain, bring any fhips or veffels, men or goods, belonging to his faid Majefty's fubjects, to Tripoli, or to any port or place in that kingdom, the governors there fhall not permit them to be fold within the territories of Tripoli, like as is agreed at Algiers.

IX. That if any fubject of the King of Great Britain happens to die in Tripoli, or its territories, his goods or money fhall not be seized by the governors, or any minifters of Tripoli, but shall all remain with the English Conful.

X. That neither the English Conful, nor any other fubject of the faid King of Great Britain, fhall be bound to pay the debts of any other of his Majefty's fubjects, unless they become furety for the fame by a public act.

XI. That the fubjects of his faid Majefty in Tripoli, or its territories, in matter of controverfy, fhall be liable to no other jurifdiction but that of the Dey or Divan, except they happen to be at difference between themselves, in which cafe they fhall be liable to no other determination. but that of the Conful only.

XII. That in cafe any fubject of his Majefty, being in any part of the kingdom of Tripoli, happen to ftrike, kill, or wound a Turk or Moor, if he be taken, he is to be

punished

punifhed in the fame manner, and with no greater feverity than a Turk ought to be, being guilty of the fame offence; but if he èfcape, neither the faid English Conful, nor any other of his faid Majesty's subjects, shall be in any fort queftioned or troubled upon that account, and no trial or fentence to be paffed without the Conful being present.

XIII. That the Englifh Conful now, or at any time hereafter, living at Tripoli, fhall be there at all times with entire freedom and fafety of his perfon and estate, and shall be permitted to choose his own druggerman and broker, and freely to go on board any fhip in the road, as often and when he pleafes, and to have the liberty of the country; and that he fhall be allowed a place to pray in; and that no man fhall do him any injury, either in word or deed; and that he fhall have liberty at all times of hoifting his Majesty's flag at the top of his house, and on his boat, when he paffes on the water.

XIV. That not only during the continuance of this peace and friendship, but likewise if any breach or war happen to be hereafter, between the faid King of Great Britain, and the city and kingdom of Tripoli, the said Conful, and all other his Majesty's fubjects, inhabiting in the kingdom of Tripoli, fhall always, and at all times, both of peace and war, have full and abfolute liberty to depart, and go to their own country, or any other, upon any fhip or veffel, of what nation foever they fhall think fit, and to carry with them all their eftates, goods, families and fervants, although born in the country, without any interruption or hindrance.

XV. That no fubject of his faid Majefty, being a paffenger from or to any port, fhall be any way molefted or meddled with, either in perfon or property, although on board any ship or veffel in enmity with Tripoli; and the fame is to be regarded in favour of the fubjects of Tripoli.

XVI. That when any of his Majefty's fhips of war fhall appear before Tripoli, upon notice thereof given by the English Conful, or by the commander of the faid fhips, to the chief governors of Tripoli, public proclamation fhall be immediately made to fecure the Chriftian captives; and if after that, any Chriftians whatsoever make their escape on board any of the faid fhips of war, they fhall not be

required