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Appendix No. 129.
Tripoli.

ARTICLE XVII.

That when any of His Majesty's ships of war shall appear before Tripoli, upon notice thereof given to the English Consul, or by the commander of the said ships, to the Chief Governors of Tripoli, public proclamation shall be immediately made to secure the Christian captives; and if after that any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the said Consul, or commander, or any other His Majesty's subjects, be obliged to pay anything for the said Christians.

ARTICLE XVIII.

That all merchant ships coming to the City and Kingdom of Tripoli (though not belonging to Great Britain) shall have free liberty to put themselves under the protection of the British Consul in selling and disposing of their goods and merchandize, if they shall think proper, without any hindrance or molestation.

ARTICLE XIX.

That at all times, when any ship of war of the King of Great Britain, &c., carrying his said Majesty's flag, appears before the said City of Tripoli, and comes to anchor in the road, immediately after notice thereof given by his said Majesty's Consul, or officer from the ship, unto the Dey and Government of Tripoli, they shall, in honour of His Majesty, cause a salute of twenty-seven cannon to be shot off from the castle and forts of the city; and that the said ship shall return an answer by shooting off the same number of

cannon.

ARTICLE XX.

That no merchant ship belonging to Great Britain, or any other nation under the protection of the British Consul, being in the port of Tripoli, shall be detained from proceeding to sea on her voyage longer than three days, under the pretence of arming out the ships of war of this Government, or any other whatsoever.

ARTICLE XXI.

That no subject of the King of Great Britain, &c., shall be permitted to turn Turk or Moor in the City and Kingdom of Tripoli (being induced thereunto by any surprisal whatsoever), unless he voluntarily appear before the Dey or Governor, with the English Consul's Druggerman, three times in twenty-four hours' space, and every time declare his resolution to turn Turk or Moor.

ARTICLE XXII.

That the Most Serene King of Great Britain's Consul, residing in Tripoli aforesaid, shall have liberty at all times, when he pleaseth, to put up his said Serene Majesty's flag on the flag-staff on the top of his house, and there to continue it spread as long time as he pleaseth; likewise the said Consul to have the same liberty of putting up and spreading the said flag in his boat when he passeth on the water, and no man whatsoever to oppose, molest, disturb, or injure him therein, either by word or deed.

Appendix No. 130.
Tripoli.

TRIPOLI.-September 19, 1751.

[Renewed by Treaties, July 22, 1762, and May 10, 1812.]

ARTICLE IV.

That the Tripoli ships of war or any other vessels thereunto belonging meeting with any merchant ships or other vessels of the King of Great Britain's subjects (not being in any of the seas appertaining to any of His Majesty's dominions) may send on board one single boat with two sitters, besides the ordinary crew of rowers, and no more but the two sitters to enter any of the said merchant ships or any other vessels without the express leave of the commander of every such ship or vessel; and then upon producing unto them a pass under the hand and seal of the Lord High Admiral of England, the said boat shall presently depart, and the merchant ship or ships, vessel or vessels,

Tripoli.

shall proceed freely on her or their voyage; and although the commander or commanders Appendix No. 130. of the said merchant ship or ships, vessel or vessels, produce no pass from the Lord High Admiral of England, yet if the major part of the ship's or vessel's company be subjects to the said King of Great Britain, the said boat shall presently depart, and the merchant ship or ships, vessel or vessels, shall proceed freely on her or their voyage; and any of the said ships of war, or other vessels of His said Majesty, meeting with any ship or ships, vessel or vessels belonging to Tripoli, if the commander of any such ship or ships, vessel or vessels, shall produce a pass signed by the Chief Governors of Tripoli, and a certificate from the English Consul living there; or if they have no such pass or certificate, yet if the major part of their ship's company or companies be Turks, Moors, or slaves belonging to Tripoli, then the said Tripoli ship or ships, vessel or vessels, shall proceed freely.

ARTICLE IX.

That if any subject of the King of Great Britain happens to die in Tripoli or its territories, his goods or money shall not be seized by the Governors or any Ministers of Tripoli, but shall all remain with the English Consul.

ARTICLE X.

That neither the English Consul nor any other subject of the said King of Great Britain shall be bound to pay the debts of any other of His Majesty's subjects, unless they become surety for the same by a public act.

ARTICLE XI.

That the subjects of His said Majesty in Tripoli or its territories, in matters of controversy, shall be liable to no other jurisdiction but that of the Dey or Divan, except they happen to be at difference between themselves, in which case they shall be liable to no other determination but that of the Consul only.

ARTICLE XII.

That in case any subject of His Majesty, being in any part of the Kingdom of Tripoli, happen to strike, kill, or wound a Turk or Moor, if he be taken, he is to be punished in the same manner and with no greater severity than a Turk ought to be, being guilty of the same offence; but if he escape, neither the said English Consul nor any other of His said Majesty's subjects shall be in any sort questioned or troubled upon that account, and no trial or sentence to be passed without the Consul being present.

ARTICLE XIII.

That the English Consul now or at any time hereafter living at Tripoli shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to choose his own druggerman and broker, and freely to go on board any ship in the road as often and when he pleases, and to have the liberty of the country, and that he shall be allowed a place to pray in, and that no man shall do him any injury either in word or deed, and that he shall have liberty at all times of hoisting His Majesty's flag at the top of his house, and on his boat when he passes on the water.

ARTICLE 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 said King of Great Britain and the City and Kingdom of Tripoli, the said Consul, and all other His Majesty's subjects inhabiting in the Kingdom of Tripoli shall always and at all times, both of peace and war, have full and absolute liberty to depart and go to their own country or any other, upon any ship or vessel of what nation soever they shall think fit, and to carry with them all their estates, goods, families, and servants, although born in the country, without any interruption or hindrance.

ARTICLE XVI.

That when any of His Majesty's ships of war shall appear before Tripoli, upon notice thereof given by the English Consul or by the commander of the said ships to the Chief Governors of Tripoli, public proclamation shall be immediately made to secure the Christian captives; and if after that any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the said

ppendix No. 130. Consul or commander or any other His Majesty's subjects be obliged to pay anything for the said Christians. Tripoli.

ARTICLE XVII.

That all merchant ships coming to the City or Kingdom of Tripoli, though not belonging to Great Britain, shall have free liberty to put themselves under the protection of the British Consul in selling and disposing of their goods and merchandize, if they shall think proper, without any hindrance or molestation.

ARTICLE XVIII.

That at all times, when any ship of war of the King of Great Britain, &c., carrying His said Majesty's flag, appears before the said City of Tripoli, and comes to an anchor in the road, immediately after notice thereof given by His said Majesty's Consul or officer from the ship unto the Dey and Government of Tripoli, they shall, in honour to His Maiesty, cause a salute of twenty-seven cannon to be fired from the castle and forts of the city, and that the said ship shall return an answer by firing the same number of

cannon.

ARTICLE XIX.

That no subject of the King of Great Britain shall be permitted to turn Turk or Moor in the City and Kingdom of Tripoli (being induced thereunto by any surprise whatsoever), unless he voluntarily appear before the Dey or Governor, with the English Consul's druggerman, three times in three days, and each day declare his resolution to turn Turk or Moor.

ARTICLE XX.

Whereas it is customary for the European Consuls to pay their respects to the Bashaw at the feasts of Ramadam and Birham, it is hereby declared that His Britannic Majesty's Consul shall be admitted first to audience, and take the precedency of all other Consuls, in consideration of the English being the oldest friends to the State of Tripoli.

ARTICLE XXVI.

That new Mediterranean passes shall be issued out and given to His said Majesty's trading subjects with all convenient speed, and that the time for the continuance of the old passes, for the ships in the Indies and remote parts, shall be three years, and for all other ships and vessels one year, to commence from the delivery of the counter-tops of the new passes at Algiers, of which His Majesty's Consul here shall give the earliest notice to the Bashaw and Government; and it is hereby expressly agreed and declared that the said new passes shall, during the above-mentioned spaces of time of three years and one year, be of full and sufficient force and effect to protect all ships and vessels of His said Majesty's subjects who shall be provided with the same.

ARTICLE XXVII.

That no merchant ship belonging to Great Britain or any other nation under the protection of the British Consul, being in the port of Tripoli, shall be detained from proceeding to sea on her voyage longer than eight days, under the pretence of arming out the ships of war of the Government or any other whatsoever.

Appendix No.131.

Tunis.

TUNIS.-October 5, 1662.

ARTICLE III.

That there shall be no seizure of any ships of either Party at sea or in port, but that they shall quietly pass without any molestation or interruption, they displaying their colours. And for prevention of all inconveniences that may happen, the ships of Tunis are to have a certificate under the hand of the English Consul there, that they belong to that place; which being produced, the English ship shall admit two men to come on

board them peaceably, to satisfy themselves that they are English; and although they Appendix No.181. have passengers of other nations on board, they shall be free, both them and their goods.

ARTICLE VIII.

That the Consul, or any other of the English nation residing at Tunis, shall not be forced to make his addresses in any difference unto any Court of Justice, but unto the Dey himself, from whom only they shall receive judgment.

ARTICLE IX.

That the Consul, or any other of the English nation, shall not be liable to pay the debts of any particular person of the nation, unless obliged thereunto under his hand.

ARTICLE XIII.

That in case any slave in the Kingdom of Tunis, of any nation whatsoever, shall make his escape and get on board any ship belonging to the dominions of His Sacred Majesty the King of Great Britain, &c., the Consul shall not be liable to pay his ransom, unless timely notice be given him, to order that none such be entertained; and then if it appear that any slave hath so got away, the said Consul is to pay to his patron the price for which he was sold in the market; and if no price be cut, then to pay 300 dollars and no more.

Tunis.

TUNIS.-August 30, 1716.

ARTICLE IV.

That if an English ship shall receive on board any goods or passengers, belonging to the Kingdom of Tunis, they shall be bound to defend both them and their goods, so far as lieth in their power, and not deliver them unto the enemies; and the better to prevent any unjust demands being made upon the Crown of Great Britain, and to avoid disputes and differences which may arise, all goods and merchandize that shall from henceforward be shipped by the subjects of this Government, either in this port or any other whatsoever, on board the ships or vessels belonging to Great Britain, shall be first entered in the office of Cancellaria, before the British Consul residing at the respective Port, expressing the quantity, quality, and value of the goods so shipped; which the said Consul is to manifest in the clearance given to the said ship or vessel before she 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 shall be proved to be just and equitable.

ARTICLE VIII.

That the Consul or any other of the English nation residing in Tunis, shall not be forced to make their addresses, in any difference, unto any Court of Justice, but to the Bey himself, from whom only they shall receive judgment, in case the difference should happen between a subject of Great Britain, and another of this Government, or any other foreign nation; but if it should be between two of His Britannic Majesty's subjects, then it is to be decided by the British Consul only.

ARTICLE IX.

That the Consul, or any other of the English nation, shall not be liable to pay the debts of any particular person of the nation, unless obliged thereunto under his hand.

ARTICLE XIV.

That in case any slave in the Kingdom of Tunis, of any nation whatsoever, shall make his escape and get on board any ship belonging to the dominions of His Sacred Majesty the King of Great Britain, &c., the Consul shall not be liable to pay the ransom, unless timely notice be given him to order that none such be entertained; and then if appear that any slave hath so got away, the said Consul is to pay to his Patron the

it

Appendix No. 132.
Tunis.

Appendix No. 132. price for which he was sold in the market, and if no price be set, then to pay 300 dollars, and no more.

Tunis.

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ARTICLE XV.

And the better to prevent any dispute that may hereafter arise, between the two parties, about salutes and public ceremonies, it is hereby agreed and concluded, that whenever any Flag-Officer of Great Britain shall arrive in the Bay of Tunis in any of His Majesty's ships of war, immediately upon notice given thereof, there shall be twenty-five cannon shot off from the Castles of Goletta, or other the nearest fortification. belonging to Tunis, according to custom, as a royal salute to His Britannic Majesty's colours, and the same number shall be returned in answer thereto by His Majesty's ships; and it is hereby stipulated and agreed, that all ceremonies of honour shall be allowed to the British Consul who resides here, to represent in every respect His Majesty's person equal to any other nation whatsoever, and no other Consul in the kingdom to be admitted before him in precedency.

Appendix No. 133.

Tunis.

TUNIS.-October 19, 1751.

[Renewed by Treaty, June 22, 1762.]

ARTICLE III.

That there shall not be any seizure made of any of the ships of either Party, either at sea or in port, but they shall pass without any interruption, they displaying their colours; and to prevent any misunderstandings, the ships of Tunis shall be furnished with certificates, under the hand and seal of the British Consul, of their belonging to Tunis, which they are to produce on meeting with any English ship, on board of whom they shall have liberty of sending two men only, peacably to satisfy themselves of their being English, who, as well as any passengers of other nations they may have on board, shall go free, both them and their goods.

ARTICLE IV.

That if an English ship receive on board any goods or passengers belonging to the Kingdom of Tunis, they shall be bound to defend them and their goods, so 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 disputes and differences that might arise, all goods and merchandize that shall from henceforward be shipped by the subjects of Tunis, either in this port or in any other whatsoever, on board the ships or vessels belonging to Great Britain, shall be first entered in the office of Cancellaria, before the British Consul residing at the respective port, expressing the quantity, quality, and value of the goods so shipped, which the said Consul is to manifest in the clearance given to the said ship or vessel before she 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 shall be proved to be just and equitable.

ARTICLE VIII.

That the Consul or any other of the English nation residing in Tunis shall not be obliged to make their addresses, in any difference, unto any Court of Justice, but to the Bashaw himself, from whom only they shall receive judgment, in case the difference should happen between a subject of Great Britain and another of this Government, or any other foreign nation; but if it should be between two of His Britannic Majesty's subjects then it is to be decided by the British Consul only.

ARTICLE IX.

That neither the English Consul, nor any other of His Majesty's subjects, shall be liable to pay the debts of any other of the nation, unless particularly bound thereto under his own hand,

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