religion without the least reproach or affront, and shall 1791 have a convenient place for their burying ground, against which, or the bodies buried in the country, no violence or indecency shall be committed; they shall have the liberty of the town and country; may choose their own interpreters, brokers, couriers, and servants, be they Mussulmen or not, whom they may dispatch, at their pleasure with liberty to go from place to place either by sea or land; and whenever they think proper they may go or send on board any ship whatever, either in the port or road, and neither they nor their domestics of any religion shall pay the poll-tax or any other tax.

V. No English subject, or person under English protection, shall be forced to sell or buy any thing contrary to their inclination, nor shall the Moors take any effects from them, but by their own consent, according to an agreement made; and the like conduct shall be observed by the English towards such Moors as may be in the English Dominions.

VI. No English subject, or person under English protection shall be bound to pay the debts of any other. English subject, or of any other person whatsoever, unless he become surety for the same by a public act under his own hand.

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VII. Such causes or differences as may arise in Barbary between the subjects of His Imperial, Majesty and English subjects, shall not be decided by the Cadi or Judges of the place, but are to be determined by the Governor of the City, and the English Consul or his Deputy; nor shall an English subject, or one under English protection, be obliged on any pretence to present himself before the ordinary magistracy of the country; and all such Causes as may arise between English subjects, or those under English protection, shall be determined by the English Consul or his deputy alone.

VIII. If there happen any quarrel between any English subjet, or person under English protection, and Mussulmen, by which either of them may receive detriment, the Cause shall be heard and determined by the Emperor alone; and if the English subject, or person under English protection, be the aggressor, he shall be punished with no greater severity than a Moor

1791 guilty of the like offence ought to be; and if he escape, no other English subject, or person under English protection, shall suffer on his account, or in his place; and if it appear that the crime was committed by accident, or in his own defence, he shall be treated agreeably to the customs observed towards Mussulmen in like cases.

And if any quarrel shall happen between Englishmen and Mussulmen in any part of the Dominions of the King of England, by which one of them may receive detriment, the same shall be heard before an equal number of Mussulmen and Christians, and determined agreeably to the laws of England.

IX. All subjects of the Emperor who shall have been made slaves, and shall escape to any English ship of war, or to any part of the English Dominions, shall be protected and sent with all convenient speed to their homes; and in like manner all English subjects, who may escape from any garrison on the coast of Africa, or from any place without the English Dominions, where they were prisoners or slaves, to any part of the Emperor's Dominions, shall immediately be free, and be delivered up to the Consul or his deputy, or be sent to Gibraltar.

X. No English subject, or person under English protection, shall be permitted to turn Mussulman, being induced thereto by surprize, unless he voluntarily appear before the Governor with the British Consul or his Deputy three times, in three days, and each day declare his resolution to turn Mahometan.

XI. Any English subject, or person under English protection, turning Moor, and having in his possession goods or estate, the property of other English subjects, or books or papers relating to the property of other English subjects, all such books, papers, goods, or estate, shall positively be delivered to the British Consul or his deputy, that they may be conveyed to their

true owners.

XII. All English subjects of every denomination, that may be in the Emperor of Morocco's Dominions, shall always, and at all times, both of peace and war, have full and absolute liberty to depart and go to their own or any other country, upon any ship or vessel of what nation soever they shall think fit; they shall be

permitted to sell, or alienate their moveable or immo- 1791 veable estates, and to carry away the price thereof, with their effects, goods, families, or servants, whether born in the country or not, without any interruption or hindrance, and the same privilege shall be allowed to all the subjects of the Emperor, who may be in the English Dominions.

XIII. If any English subject, or person under English protection, dies in any part of the Emperor's Dominions, his goods and monies shall not be seized by the Governor, Judges, or other Officers, who shall likewise make no enquiry after the same; but the said goods and monies shall be received by such person or persons, whom the deceased, by will, shall have made his heirs, in case they be present; but if the heirs be not there, then the executors constituted by the deceased, or in their absence, the Consul or his Deputy, shall, after having made an inventory of all the property left, take them into custody for the benefit of the lawful heirs. And in case any English subjects die, not having made any will, the English Consul or his Deputy shall, after having made an inventory, possess himself of his goods and monies, for the use of the kindred and heirs of the deceased: and the Governor, or any other Officer in power, in the place where such person shall die, shall order all debts due to the deceased to be paid to the Consul or his Deputy, for the above uses.

XIV. It is agreed and understood that all the German subjects of the King of England, or inhabitants of his German Dominions, and all the inhabitants of Gibraltar, are and shall be considered as English subjects, and entitled to the privileges of English subjects to all intents and purposes, as if they were born in the City of London: and if any place or dominion shall hereafter become subject to the King of England, either by cession or conquest, the inhabitants thereof shall be considered as English subjects, and be as fully entitled to all the privileges of English subjects as if such place or dominion was now especially named in this Treaty.

XV. The subjects of the King of England, and those under His said Majesty's protection, over and above the stipulations contained in this Treaty, shall

1791 enjoy all the privileges and advantages which now are, or which hereafter may be, granted to any of the subjects of the most favoured nation.

XVI. There shall be a reciprocal and perfect freedom of navigation between the subjects and vessels of the King of England, and of the Emperor of Morocco; and if any ship of war or privateer belonging to the King of England, or His subjects, shall meet with any ship or vessel belonging to the Emperor or his subjects, if the Commander of any such ship or vessel shall produce a Pass signed by the Moorish Governor, and a certificate from the English Consul or his Deputy, declaring such vessel to be the property of the Emperor or his subjects, or if they have no such Pass or certificate, yet if the Commander and major part of the ship's company be subjects of the Emperor, the said Moorish ship or vessel shall pass freely.

XVII. The ships of war or cruizers belonging to the Emperor of Morocco, or to his subjects, meeting with any ship or vessel belonging to the King of England or His subjects, not being in any of the seas appartaining to any of His Majesty's Dominions, may send a single boat on board with two sitters, which two and no more may enter the ship; and on shewing them a Passport signed in the usual manner, the said boat shall depart immediately, leaving the ship to pursue her voyage, although she should be coming from, or bound to a port in the Dominions of a Prince or State actually at war with the Emperor; nor shall any pilot, mariner, passenger, or person whatsoever, either for examination or on any other pretence, or any stores or effects of any kind, either as a free gift or otherwise, be taken out of or from any vessel belonging to the King of England or to His subjects. And all prizes, taken by the King of England's ships or subjects, and all vessels fitted out in any of the distant English Governments, shall not be molested in case of not having a Mediterranean Pass on board; but a certificate under the hand of the Commanding Officer, that shall so take prizes, and a certificate under the hands and seal of the Governor or chief of such distant Government where the ship sailed from, shall be a sufficient Pass to either of them.

XVIII. It is agreed that the ships or vessels of

the Emperor, or those belonging to his subjects, are 1791 not to cruize so near any of the ports belonging to the King of England's Dominions, as to disturb or molest the trade thereof in any manner whatsoever.

XIX. Any subjects of the Emperor of Morocco, being passengers on board any vessels belonging to a nation at war with England, and if such vessel be taken by the English ships, the Moorish subjects on board shall all be set at liberty, and their property restored to them; and all English subjects, being passengers on board any ship or vessel of any nation not in peace with the Emperor, if such vessel be taken by the Emperor's cruizers, the English subjects shall be immediately set at liberty, and all their property restored to them. $

XX. Any ship or vessel belonging to the King of England or His subjects, having passengers, goods, or merchandize, although the property of a people actually at war with the Emperor, shall pass free and unmolested, and the like freedom is granted to all vessels belonging to the Emperor or His subjects.

XXI. If any ship belonging to the King of England or His subjects, shall come to any port within the Emperor's Dominions with a prize or prize goods, they shall be at liberty to sell them, without hindrance or molestation, or depart therewith, as they please.

XXII. If any ship or vessel of either of the Parties shall have an engagement with a vessel of any other Power, within gun-shot of the coast of the other, the vessel so engaged shall be protected or defended as far as possible.

XXIII. All ships or vessels of any Nation whatsoever, which shall be under the guns of the ships of war of either party, shall, for the time, be considered as immediately under the protection of the Crown to which such ships of war belong, nor shall it be lawful on any account to molest vessels so protected.

XXIV. It shall not be lawful for any cruizers, not being subject to the Emperor or the King of England, who have commissions from any Prince or State, in enmity with either the Emperor or the King of England, to refit their ships in the ports of one or the other Nation, nor to sell what prizes they have taken, or in any other manner whatever to exchange