ARTICLES OF PEACE & COMMERCE Between The Most Serene and Mighty PRINCE CHARLES II. By the Grace of God, King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. AND The Most Illustrious LORDS, The Bashaw, Dey, Aga, Divan, And Governours of the City and Kingdom of TRIPOLI; Concluded by Sir John Narbrough Knight, Admiral of His Majesties Fleet in the Mediterranean Seas, the First day of May, 1676.
Published by His Majesties Command.
LONDON, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings Most Excellent Majesty. 1677.
Article I.
IN the first place, it is Agreed and Concluded, That from this day and for ever forward, there be a true, firm, and inviolable Peace between the most Serene King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. And the most Illustrious Lords the Bashaw, Dey, Aga, Divan, and Governours of the City and Kingdom of Tripoli in Barbary, and between all the Dominions and Subjects of either side, and that the Ships or other Vessels, and the Subjects and People of both sides, shall not henceforth do to each other any Harm, Offence or Injury either in Word [Page 4]or Deed, but shall Treat one another with all possible Respect and Friendship.
II.
That any of the Ships or other Vessels belonging to the said King of Great Britain, or to any of His Majesties Subjects, may safely come to the Port of Tripoli, or to any other Port or Place of that Kingdom, or Dominions thereunto belonging, freely to Buy and Sell without the least disturbance, paying the usual Customs as in former times hath been paid, for such Goods as they Sell: and for the Goods they Sell not, they shall have free liberty to carry on Board their own Ships, without paying any Duties for the same, and when they please they shall freely depart from thence without any Stop, Hindrance or Molestation whatsoever.
III.
That all Ships and other Vessels, as well those belonging to the said King of Great [Page 5]Britain, or to any of His Majesties Subjects, As also those belonging to the Kingdom or People of Tripoli, shall freely pass the Seas, and Traffick where they please, without any Search, hindrance, or molestation from each other; and that all Persons or Passengers of what Countrey soever, and a [...]l Moneys, Goods, Merchandizes, and Moveables to whatsoever People or Nation belonging, being on board of any the said Ships or Vessels, shall be wholly free, and shall not be Stopped, Taken or Plundred, nor receive any harm or damage whatsoever from either Party.
IV.
That the Tripoli Ships of War, or other Vessels thereunto belonging, meeting with any Merchants Ships or other Vessels of the King of Great Britains Subjects, not being in any of the Seas appertaining to His Majesties Dominions, may send on board one single Boat with but Two Sitters, besides the Ordinary Crew of Rowers: and no more but the Two Sitters to enter any of the said Merchants Ships, or any other [Page 6]Vessels, without the express leave from 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 Merchants Ship or Ships, Vessel or Vessels shall proceed freely on her or their Voyage. And although the Commander or Commanders 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 said Ships or Vessels 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 if 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 or Commanders of any such Ship or Ships, Vessel or Vessels shall produce a Pass firmed by the Chief Governors of Tripoli, and a Certificate from the English Consul living there, [Page 7]or if they have no such Pass or Certificate, yet if the Major part of their Ships Company or Companies be Turks, Moors, or Slaves belonging to Tripoli, then the said Tripoli Ship or Ships, Vessel or Vessels shall proceed freely.
V.
That no Commander or other person of any Ship or Vessel of Tripoli shall take out of any Ship or Vessel of His said Majesties Subjects, any person or persons whatsoever, to carry them any where to be examined, or upon any other pretence, nor shall use any torture or violence unto any person of what Nation or Quality whatsoever, being on board any Ship or Vessel of His Majesties Subjects, upon any pretence whatsoever.
VI.
That no Shipwrack belonging to the said King of Great Britain, or to any of His Majesties Subjects, upon any part of the Coast belonging unto Tripoli, shall be made or become [Page 8]Prize; and that neither the Goods thereof shall be seised, nor the Men made Slaves, but that all the Subjects of Tripoli shall do their best endeavours to save the said Men and their Goods.
VII.
That no Ship or any other Vessel of Tripoli shall have permission to be delivered up, or to go to any other place in enmity with the said King of Great Britain, to be made use of as Corsairs or Sea-Rovers against His said Majesties Subjects.
VIII.
That none of the Ships or other smaller Vessels of Tripoli shall remain Cruising near His Majesties City and Garrison of Tangier, or in sight of it, nor any other way disturb the Peace and Commerce of that place.
IX.
That if any Ship or Vessel of Tunis, Algier, [Page 9]Tittuan, or Sally, or any other place being in War with the said King of Great Britain, bring any Ships, Vessels, Men or Goods belonging to any of His said Majesties Subjects, to Tripoli, or to any Port or place in that Kingdom, the Governors there shall not permit them to be sold within the Territories of Tripoli.
X.
That if any of the Ships of War of the said King of Great Britain do come to Tripoli, or to any other Port or place of that Kingdom, with any Prize, they may freely Sell it, or otherwise dispose of it at their own pleasure, without being molested by any; And that His Majesties said Ships of War shall not be obliged to pay Customs in any sort; And that if they shall want Provisions, Victuals, or any other things, they may freely buy them at the Rates in the Market.
XI.
That when any of His said Majesties Ships [Page 10]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, publick 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 said Majesties Subjects, be obliged to pay any thing for the said Christians.
XII.
That if any Subjects of the said King of Great Britain happen to die in Tripoli, or its Territories, his Goods or Money shall not be seised by the Governors or any Minister of Tripoli, but shall all remain with the English Consul.
XIII.
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 [Page 11]other of His Majesties Subjects; except that they become Surety for the same by a publick Act.
XIV.
That the Subjects of His said Majesty in Tripoli or its Territories, in matter of controversie 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 onely.
XV.
That in case any Subject of His Majesty, being in any part of the Kingdom of Tripoli, happen to strike, wound or kill a Turk, or a Moor, if he be taken, he is to be punished in the same manner, and with no greater severity then 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 Majesties Subjects shall be in any sort questioned or troubled therefore.
XVI.
That the English Consul now or at any time hereafter living in 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 Countrey; And that he shall be allowed a place to pray in, and that no man shall do him any Injury in Word or Deed.
XVII.
That not onely 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 said Majesties Subjects inhabiting in the Kingdom of Tripoli, shall always, and at all times both of Peace and War, have full and absolute liberty [Page 13]to depart, and go to their own or any other Countrey, 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 Countrey, without any interruption or hindrance.
XVIII.
That no Subject of His said Majesty, being a Passenger from or to any Port, shall be any way molested or medled with, although he be on board any Ship or Vessel in enmity with Tripoli.
XIX.
That whereas a War hath lately happened between the most Serene King of Great Britain, &c. and the most Illustrious Lords, Halil Bashaw, Ibraim Doy, Aga, Divan and Governours of the Noble City and Kingdom of Tripoli in Barbary, by reason of the Injuries done unto the King of Great Britain and His Subjects, by the Government [Page 14]and People of Tripoli, contrary to the Articles of Peace, We Halil Bashaw, Ibraim Dey, Aga, Divan and Governours of the Noble City and Kingdom of Tripoli in Barbary, do acknowledge the Injuries done, and that the breach of the Peace between His most Excellent Majesty the King of Great Britain and tis of Tripoli, was committed by our Subjects, for which some are Banished, and some fled from our Justice; and for further satisfaction to His most Excellent Majesty for the breach of Articles, (we are sory for the same) and do by these engage to set at Liberty and deliver unto the Right Honourable Sir John Narbrough Knight, Admiral of His Majesties Fleet in the Mediterranean Seas, all English Captives residing in the City and Kingdom of Tripoli, and Dominions thereunto belonging, without paying any Ransom for them: And likewise by setting at liberty and delivering unto the said Sir John Narbrough Knight, all other persons taken under English Colours, without paying any Ransom for them, and by paying Eighty thousand Dollars in Moneys, Goods and [Page 15]Slaves to the aforesaid Sir John Narbrough Knight. And moreover, We do engage our selves and Successors, That if any Injury for the future be done contrary to these Articles by the Government and People of Tripoli, to the King of Great Britain and His Subjects; if upon demand of satisfaction from the Government and People of Tripoli, We or they refuse or deny to give satisfaction therefore, so that a War be occasioned thereby between the King of Great Britain and the Government and People of Tripoli, We do engage Our selves and Successors to make restitution for the Injuries done; and likewise to make satisfaction to the King of Great Britain for the full charge and damage of that War.
XX.
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 [Page 16]appear before the Dey or Governour with the English Consuls Druggerman, Three times in Twenty four hours space, and every time declare his resolution to turn Turk or Moor.
XXI.
That at all times when any Ship of War of the King of Great Britain, &c. carrying His said Majesties Flagg at the Main-Top-Mast Head, appear before the said City of Tripoli, and come to Anchor in the Road, that immediately after notice thereof given by His said Majesties Consul, or Officer, from the Ship, unto the Dey and Government of Tripoli, they shall in Honour to His Majesty cause a Salute of One and twenty 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.
XXII.
That presently after the Signing and Sealing [Page 17]of these Articles by us Halil Bashaw, Ibraim Dey, Aga, Divan and Governours of the Noble City and Kingdom of Tripoli, all Injuries and Damages sustained on either part, shall be quite taken away and forgotten, and this Peace shall be in full force and virtue, and continue for ever: And for all Depredations and Damages that shall be hereafter committed or done by either side, before notice can be given of this Peace, full Satisfaction shall be immediately made, and whatsoever remains in kind, shall be instantly restored.
XXIII.
That whensoever it shall happen hereafter that any thing is done or committed by the Ships or Subjects of either side, contrary to any of these Articles, Satisfaction being demanded therefore, shall be made to the full, and without any manner of delay; and that it shall not be lawful to break this Peace, until such Satisfaction be denied: And Our Faith shall be our Faith, and our Word our Word; and whosoever shall [Page 18]be the cause of the breaking of this Peace, shall assuredly be punished with present death.
- (L.S.) [...]
- (L.S.) Bashaw.
- (L.S.) Dey.
- (L.S.) Divan.
WHereas there were Articles of Peace and Commerce between the most Serene and Mighty Prince Charles the Second, by the Grace of God King of Great Britain, France and Ireland, Defender of the Christian Faith, &c. and the most Illustrious Lords, Halil Bashaw, Ibraim Dey, Aga, Divan and Governours of the Noble City and Kingdoom of Tripoli in Barbary, lately made and Concluded by the said Lords on the one part, and by Sir John Narbrough Knight, Admiral of His said Serene Majesties Fleet in the Mediterranean Seas on the other part, and by them Confirmed and Sealed in the presence of Almighty God, the Fifth day of March Old Stile, and the Year of our Lord, Josus Christ, 1675/6, being the last day of the Moon Zelhedga, and the Year of the Hegira, One thousa [...]d eighty six, 1086. Since which time of Confirming & Sealing the aforesaid Articles of Peace & Commerce, the aforesai [...] Lord Ibraim Dey being fled away from his said Government of the City and Kingdom of Tripoli in Barbary; [Page 20]Now therefore we Halil Bashaw, Aga, Divan, Governours, Souldiers and People of the aforesaid City and Kingdom of Tripoli, have Chosen and Elected Vice-Admiral Mustapha Grande to be Dey of the said City and Kingdom of Tripoli in Barbary, to Succeed Ibraim Dey in the aforesaid Government. And now We the said Halil Bashaw, Mustapha Dey, Aga, Divan, Governours, Souldiers and People of Tripoli aforesaid, having seen the aforesaid Articles of Peace and Commerce, which were lately made and Concluded as aforesaid, and having seriously perused, and fully considered all particulars therein mentioned, do fully approve of all and every of the aforesaid Article and Articles of Peace; And we and every one of us do now by these Presents consent and agree to and with Sir John Narbrough Knight aforesaid, for the Just and Exact keeping and performing all of the said Articles, and do Accept, Approve, Ratifie and Confirm all and every of them, in the same manner and form as they are inserted and repeated in the preceding [Page 21]Articles aforesaid; Hereby firmly Engaging our Selves and Successors, assuring on Our Faith, sacredly to maintain, and strictly to observe, perform and keep inviolably all and every the aforesaid Article and Articles of Peace and Agreement for ever: And to cause and require all Our Subjects and People, of what Degree or Quality whatsoever, within the City and Kingdom of Tripoli in Barbary, or Dominions thereunto belonging, both by Sea and Land, punctually, inviolably, carefully and duely to observe, keep and perform all and every the aforesaid Article and Articles thereof for ever; And our Faith shall be our Faith, and our Word our Word; and whosoever shall at any time violate and break any part of the said Article or Articles of Peace, they shall assuredly be punished with greatest severity, and his or their Heads shall be immediately Cut off, and forthwith be presented unto any Officer whom the most Serene King of Great Britain, &c. shall authorise to make demand thereof.
It is farther Agreed, That the Subjects belonging unto the Most Serene King of Great Britain, &c. Trading unto the Port of the City and Kingdom of Tripoli in Barbary aforesaid, or unto any Port or Place of the Dominions thereunto belonging, in any Merchants Ship or other Vessel belonging unto the said Serene Kings Subjects, shall not Pay so much Custom by one per Cent. for whatsoever Goods or Merchandises they Sell or Buy, as other Nations do for the Custom of the like Goods or Merchandise, notwithstanding whatsoever is specified in the Second Article aforesaid, to the contrary.
And 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 Majesties Flagg on the Flagg-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 Flagg in his Boat, when he passeth on the Water, and no Man [Page 23]whatsoever to oppose, molest, disturb or injure him therein either by Word or Deed.
These and all other preceding Articles are to remain firm for ever, without and Alteration; and in all other particulars not mentioned in any of these Articles, the Regulation shall be according to the Capitulations General with the Grand Seignior.
Confirmed likewise and Sealed in the presence of Almighty God, at Our Castle in the Noble City and Kingdom of Tripoli in Barbary, the First day of May Old Stile, and the Year of Our Lord Jesus Christ, One thousand six hundred and seventy six, being the Six and twentieth day of the Moon Zaphire, and the Year of the Hegira, One thousand eighty seven. 1087.
- (L.S.) Bashaw.
- (L.S.) Dey.
- (L.S.) Divan.
- (L.S.) Admiral.