The Pasha denies that the Aga in question was his Procurator. Finch produces a document under the Pasha’s own hand and seal, drawn up at Constantinople before a Cadi, in which he recognised him as such. This unexpected stroke disconcerts the Pasha, but it does not disarm him. Changing his ground, he denies that he has received any of the goods recovered at Leghorn or Malta. Finch produces the receipt which the Pasha had given to his Aga. Unabashed, the Pasha changes his ground again and alleges that the English Consul at Tunis had given him a _Hoggiet_, guaranteeing the property laden on Captain Chaplyn’s ship: but for that guarantee, he says, he would have gone overland. Finch replies, First, that the Barbary Coast is not under his jurisdiction and therefore the Consul must answer for himself; Secondly, that, even if the Consul were under him, an inferior could not bind his superior, any more than any Pasha in the Empire could bind the Grand Vizir; Lastly, that he cannot believe that any Consul of His Majesty’s would become surety. Therefore he asks to see the _Hoggiet_. The Pasha says that it was taken from him with the rest of his property. Finch retorts that a document of such importance could easily have been carried about him, and that, though he is not concerned in the loss of his gold and jewels, yet it is probable he has lost neither, since he had time to carry out of the ship five boatloads of goods before the Corsair came up with the _Mediterranean_, and men do not usually leave gold and jewels to the last. This the Pasha does not deny; but changes his ground once more by denouncing the Captain. Finch replies that, although he is not answerable for the Captain, yet he had brought him along with him to answer for himself: Captain Chaplyn had stayed at Smyrna seven months, and the Pasha’s Procurator had given him, before a Cadi, a certificate of good conduct.
At this point the Cadilesker who was to pronounce judgment began to write down his verdict. But the Vizir stopped him, saying that the case could not be decided at one hearing. Finch “much misliked” this; but, of course, he could do nothing. So the case was adjourned.
In spite of that ominous move, the Ambassador left the Court not without hopes: both the Cadileskers had throughout declared for him, and the Vizir had distributed his thunders pretty evenly between the litigants. He was not, however, allowed to continue in this hopeful state of mind long. Next day, the Vizir’s Kehayah and Rais Effendi sent for his Dragoman and told him that a very large sum was demanded from the Ambassador: the Pasha, who governed Tunis during an insurrection, had raised his great fortune by plundering rebels and, in addition, had given the whole of it to the Grand Signor: therefore, the Vizir would expect a good deal to rid him of this claim. Sir John’s answer was that “he could as a gentleman thank his friends, but could not as an Ambassador treat by way of contract for an asper.” This brought a milder demand: 15 purses for the Vizir and 7 for the other Ministers--altogether 11,000 dollars.