ARTICLES OF Peace and Commerce Between the most Serene and Mighty Prince JAMES 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 Douletli Basha, Aga & Governours Of the famous City and Kingdom of ALGIERS in BARBARY: Ratified and Confirmed By Sir William Soame Baronet, His Majesties Ambassador to the Grand Signior, On the Fifth of April, Old Style, 1686.

Published by His Majesties Command.

Printed by Thomas Newcomb in the Savoy. 1687.

ARTICLES OF PEACE & COMMERCE Between the most Serene and Mighty PRINCE JAMES 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 Douletli Basha, Aga and Governours of the Famous City and Kingdom of Argiers in Barbary:
Ratified and Confirmed by Sir William Soame Ba­ronet, His Majesties Ambassador to the Grand Signior, on the Fifth of April, Old Style, 1686.

Article I.

IN the first place it is Agreed and Concluded, That from this day, and for ever forwards, that the Peace made by Arthur Herbert Esquire, Admiral of His Majesties Fleet in [Page 4]the Mediterranean, be renewed and confirm­ed, and be kept inviolable between the most Serene King of Great Britain, France and Ire­land, Defender of the Christian Faith, &c. And the most Illustrious Lords the Douletli Basha, Aga, and Governours of the City and Kingdom of Algiers, and between all the Do­minions and Subjects of either side, and that the Ships and 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 or Deed, but shall Treat one another with all possible Respect and Friendship: And that all Demands and Pretences whatsoever to this day between both Parties shall cease and be void.

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 Algiers, or to any other Port or Place of that Kingdom, there freely to Buy and Sell, paying the usual Customs of Ten per Cent. as in former times, for such [Page 5]Goods as they sell; and the Goods they sell not, they shall freely carry on Board without paying any Duties for the same; And that they shall freely depart from thence whenso­ever they please, without any stop or hin­drance whatsoever. As to Contraband Mer­chandises, as Powder, Brimstone, Iron, Planks, and all sorts of Timber fit for Building of Ships, Ropes, Pitch, Tar, Fusils, and other Habiliments of War, His said Majesties Sub­jects shall pay no Duty for the same to those of Algiers.

Artic. III.

That all Ships and other Vessels, as well those belonging to the King of Great Britain, or to any of His Majesties Subjects, as those belonging to the Kingdom or People of Al­giers, shall freely pass the Seas, and Traffick without any search, hindrance or molestati­on from each other; And that all Persons, or Passengers of what Country soever, and all Moneys, Goods, Merchandises and Move­ables, to whatsoever People or Nation be­longing, being on Board of any of the said [Page 6]Ships or Vessels, shall be wholly free, and shall not be stopped, taken or plundered, nor receive any harm or damage whatsoever from either Party.

Artic. IV.

That the Algiers Ships of War, or other Vessels meeting with any Merchant Ships or other Vessels of His said Majesties Subjects, not being in any of the Seas appertaining to His Majesties Dominions, may send on Board one single Boat with two Sitters only, besides the ordinary Crew of Rowers, and that no more shall enter any such Merchant Ship or Vessel, without express leave from the Com­mander thereof, but the two Sitters alone, and that upon producing a Pass under the Hand and Seal of His Majesty, or whomso­ever he shall appoint to be Lord High Ad­miral, or to execute the Office of Lord High Admiral for England and Ireland, or of the Lord High Admiral of Scotland, for the said Kingdoms respectively, that the said Boat shall presently depart, and the Merchant Ship or Vessel shall presently depart, and the [Page 7]Merchant Ship or Vessel shall proceed freely on her Voyage; And any of the Ships of War or other Vessels of His said Majesty, meet­ing with any Ships or other Vessels of Al­giers, if the Commander of any such Algier Ship or Vessel, shall produce a Pass firmed by the Chief Governours of Algiers, and a Cer­tificate from the English Consul living there, the said Algier Ship or Vessel shall proceed freely.

Artic. V.

That no Commander or other Person of any Ship or Vessel of Algiers 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 they use any Torture or Violence to any Person of what Nation or Quality soever, being on Board any Ship or Vessel of His Majesties Subjects, upon any pretence whatsoever.

Artic. 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 to Algiers, shall be made or become Prize, and that neither the Goods thereof shall be Seized, nor the Men made Slaves; but that all the Subjects of Algiers shall do their best endeavours to save the said Men and their Goods.

Artic. VII.

That no Ship, nor any other Vessel of Algiers shall have permission to be delivered up, or go to Sally, or 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.

Artic. VIII.

That none of the Ships or other smaller Vessels of Algiers shall remain Cruising near [Page 9]or in sight of any of His Majesties Roads, Ha­vens or Ports, Towns and Places, nor any way disturb the Peace and Commerce of the same.

Artic. IX.

That if any Ship or Vessel of Tunis, Tripoly, or Sally, or of any other Place, bring any Ships, Vessels, Men or Goods belonging to any of His said Majesties Subjects, to Algiers, or to any Port or Place in that Kingdom, the Governors there shall not permit them to be sold within the Territories of Algiers.

Artic. X.

That if any of the Ships of War of the said King of Great Britain do come to Algiers, or to any other Port or Place of that Kingdom with any Prize, they may freely sell it, or otherwise to 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.

Artic. XI.

That when any of His said Majesties Ships of War shall appear before Algiers upon notice thereof given by the English Consul, or by the Commander of the said Ships to the chief Governors of Algiers, 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 of His Majesties Subjects be obliged to pay any thing for the said Christians.

Artic. XII.

That henceforward no Subjects of His Majesty of Great Britain, &c. shall be bought or sold or made Slaves in any part of the Kingdom of Algiers, upon any pretence whatsoever. Nor shall His Majesty be obli­ged by Virtue of this Treaty of Peace, to Redeem any of his Subjects now in Slavery, [Page 11]but it shall depend absolutely upon His Ma­jesty, or the Friends and Relations of the said Persons in Slavery, without any limitation or restriction of time, to Redeem such, and so many of them from time to time, as shall be thought fit, agreeing of as reasonable a Price as may be, with their Patrons or Masters for their Redemption, without obliging the said Patrons or Masters against their wills to set any at Liberty, whether they be Slaves be­longing to the Beylicque or Gally, or such as belong to the Bashaw, Dey, Governor, or any other Persons whatsoever. And all Slaves being His Majesties Subjects, shall, when they are Redeemed, enjoy the advantage and benefit of abatements of the Duty due to the Royal House, and of the other Charges, by paying such reasonable Sums as any Slaves of other Nations usually pay when they are Re­deemed.

Artic. XIII.

That if any Subject of the said King of Great Britain happen to die in Algiers, or in any part of its Territories, his Goods or [Page 12]Moneys shall not be Seized by the Gover­nors, Judges, or other Officers, (who shall likewise make no Enquiry after the same) but the said Goods or Moneys shall be pos­sessed or received by such Person or Persons whom the Deceased shall by his last Will have made his Heir or Heirs, in case they be upon the Place where the Testator deceased. But if the Heirs be not there, then the Exe­cutors of the said Will, lawfully constituted by the Deceased, shall after having made an Inventory of all the Goods and Moneys left, take them into their custody without any hin­drance, and shall take care the same be re­mitted by some safe way, to the true and lawful Heirs; and in case any of His said Majesties Subjects happen to die, not having made any Will; the English Consul shall possess himself of his Goods and Moneys upon Inventory, for the use of the Kindred, and Heirs of the Deceased.

Artic. XIV.

That no Merchants being His Majesties Subjects, and Residing in, or Trading to the [Page 13]City and Kingdom of Algiers, shall be obli­ged to buy any Merchandises against their Wills; but it shall be free for them to buy such Commodities as they shall think fit, and no Captain or Commander of any Ship or Vessel belonging to His said Majesties Sub­jects, shall be obliged against his Will to Lade any Goods to carry them, or make a Voyage to any Place he shall not have a mind to go to: And neither the English Consul, nor any other Subject of the said King, shall be bound to pay the Debts of any other of His Maje­sties Subjects, except that he or they become Sureties for the same by a Publick Act.

Artic. XV.

That the Subjects of His said Majesty in Algiers, ot 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 only.

Artic. XVI.

That in case any Subject of His said Ma­jesty being in any part of the Kingdom of Algiers 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 and troubled therefore.

Artic. XVII.

That the English Consul now, or at any time living in Algiers, 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 Ships 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 in Word or Deed.

Artic. XVIII.

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 Kingdom of Algiers, the said English Con­sul, and all other His said Majesties Subjects inhabiting in the Kingdom of Algiers, 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 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, without any interruption or hindrance.

Artic. XIX.

That no Subject of His said Majesty, be­ing a Passenger, and coming or going with his Baggage, from or to any Port, shall be any way molested or meddled with, although he be on Board any Ship or Vessel in Enmity [Page 16]with Algiers; And in like manner no Algerine Passenger being on Board any Ship or Vessel in Enmity with the said King of Great Bri­tain, shall be any way molested, whether in his Person, or in his Goods which he may have Laden on Board the said Ship or Vessel.

Artic. XX.

That at all times when any Ship of VVar of the King of Great Britains, carrying His said Majesties Flag at the Main-Top-Mast-head, shall appear before Algiers, and come to an 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 Algiers, they shall in Honour to His Majesty, cause a Sa­lute of One and twenty Cannon to be shot from the Castles and Forts of the City, and that the said Ship shall return an Answer by shooting off the same Number of Can­non.

Artic. XXI.

That presently after the Signing and Seal­ing of these Articles by the Bashaw, Dey, Aga and Governours of Algiers, 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 afterwards com­mitted or done by either Side, before notice can be given of this Peace, full Satisfaction shall immediately be made, and whatsoever remains in kind, shall be instantly restored.

Artic. XXII.

That in case it shall happen hereafter, That any thing is done or committed contrary to this Treaty, whether by the Subjects of the one or the other Party, the Treaty notwith­standing shall subsist in full force, and such Contraventions shall not occasion the Breach of this Peace, Friendship, and good Corres­pondence, but the Party Injured shall amica­bly [Page 18]demand immediate Satisfaction for the said Contraventions, before it be lawful to break the Peace; and if the Fault was com­mitted by any Private Subjects of either Par­ty, they alone shall be punished as Breakers of the Peace, and Disturbers of the Publick Quiet. And Our Faith shall be Our Faith, and Our Word Our Word.

Confirmed and Sealed in the Presence of Al­mighty God, the Fifth day of April, in the Year of our Lord Jesus Christ, One thousand Six Hundred and Eighty Six: And in the Year of the Hegira, One Thousand Ninety seaven, and the three and Twenty day of the Moon Gemasilavel.

(L.S.) (L.S.) FINIS.

Confirmation of the Articles of Peace between the most Serene and Mighty Prince JAMES the Second, King of Great Britain, France and Ireland, Defender of the Faith, &c. And the most Excellent Signiors, present Gover­nors of the Noble City and Kingdom of Tunis, Hadge Bectash, Hogia Dey, Mahomet Bey, and Ibrahim, Aga of the Divan and Militia of the said City and Kingdom. Con­cluded by Thomas Goodwin Esq; His Ma­jesties Agent and Consul, the Second day of October 1686.

WHereas there hath been for many years past, a firm Peace and Friendship, between the most Serene and Mighty Prince Charles the Second, by the Grace of God of England, Scotland, France and Ireland King, Defender of the Christian Faith, and the most Illustrious Lords the Go­vernors of the Noble City and Kingdom of Tunis, as appears by Articles of Peace and Commerce, made and firmed in the Month of October, Anno 1662, by the most Excellent Signiors, Mahomet Bassa, Mustapha Dey, Moratt Bey, and the Divan of the said City of Tunis of the one part, and Sir John Lawson, Knight, on the other part, and Renewed and [Page 20]Confirmed in the year of our Lord Jesus Christ 167⅘, being the year Hegira 1085, by Musta­pha Bassa, Hadge Mamme Dey, Moratt Bey, Mahomet Hofse Bey, and the Divan of the said City and Kingdom of Tunis, on the one part, and by Sir John Narborough, Knight, his late Majesties late Admiral in the Mediterra­nean Seas on the other part; and whereas it hath pleased God Almighty to take out of this World his said Majesty Charles the Se­cond, whereby the Kingdoms of England, Scotland, France and Ireland, are Justly, Le­gally Descended to His Royal Brother, His now Majesty, the most Serene and Mighty Prince James the Second, by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Christian Faith; and whereas these our Dominions, having of late been grievously afflicted and disordered by Civil War, are now (thanks be to Almighty God,) in some measure restored to a quiet and setled Government.

We the most Excellent Signiors, present Governors of the Noble City and Kingdom of Tunis, Hadge Bectash, Hogia Dey, Mahomet Bey and Ibrahim Aga of the Divan and Militia of this our said City and Kingdom, have seen, perused, approved the above recited Articles [Page 21]of Peace, and do now for our selves and the whole Body of our Militia, by these present, Accept, Approve, Ratifie and Confirm, all and every the afore-mentioned Articles of Peace and Commerce, in the same Manner and Form as they are Inserted and Declared in and by the said recited Articles of Peace, hereby firmly promising on our Faith, Sacred­ly and Inviolably to observe and maintain the said Peace, in every particular, with his said now Majesty James the Second, King of Great Britain, France and Ireland, and all his Subjects, and to cause all our People, of what Degree and Quality soever, punctually to observe and keep all and every Article thereof, from henceforth for ever, and that if any of our People shall at any time violate and break any part of the said Articles, they shall be pu­nished with the greatest severity at their re­turn into our Dominions of Tunis.

And for the Money due unto the English Nation from the Divan, and several other Persons belonging to these our Dominions ac­cording to an account which we have received from Thomas Goodwin Esq; Agent and Con­sul for his said Majesty James the Second, King of Great Britain, &c. in this our said City and Kingdom of Tunis, we do hereby [Page 22]firmly promise to see, that intire satisfaction shall be given them, within the time and space of Twelve Months at furthest, next after the date hereof. And whereas we have lately made an Abatement unto the French Nation of Seaven per Cent. in the Customs of all such Goods as they bring into and carry out of our Dominions, having reduced the said Customs from Ten to Three per Cent. We do likewise firmly promise in manner aforesaid, that, at the end of Six Months at furthest, we will ei­ther allow the said Abatement unto the English Merchants that Trade here, and from thence forward, and for ever take no more than Three per Cent. on all such Goods whatsoever as they shall bring unto and carry out of these our Do­minions; or else we will at the end of the said Six Months aforesaid, without any further stay cause the French Nation to pay their an­tient Customs of Ten per Cent. as formerly; and to all that is in these presents contained, we do strictly oblige our selves, promising on our Faith sacredly to observe the same and every part thereof, and have therefore Sealed in the presence of Almighty God, in our House, in our Noble City of Tunis, the Second day of October, Anno 1686.

(L.S.) (L.S.) (L.S.) (L.S.) FINIS.

Confirmation of the Articles of Peace between the most Serene and Mighty Prince, JAMES the Second, King of Great Britain, France and Ireland, Defender of the Faith, &c. And the most Illustrious Lords, Ismael Basha, Brahem Dey, Joseph Bey, Hassan Calligee Admiral, Aga of the Divan of the City and Kingdom of Tripoly. Concluded by Na­thaniel Lodington His Majesties Consul, the Seventh day of February 1686/7.

WHereas His Sacred Majesty James the Second, King of Great Bri­tain, France and Ireland, &c. hath pleased to signifie by his Letters to the Governors of this City and Kingdom of Tripoly, that His Majesty doth fully Impower his Consul Na­thaniel Lodington here Resident, to confirm those Articles of Peace, that were agreed on the First day of May 1676, being the 26th day of the Moon Zaphire, and the 1087 year of the Hegira, by Hallil Basha, Mustapha Dey, and Aga of the Divan on the one part, and Sir John Narborough on the other part, in behalf of his late Majesty Charles the Se­cond of Glorious Memory, with whom we enjoy'd entire Friendship.

For the continuance of which Amity with his now Sacred Majesty James the Second, We Ismael Basha, Brahem Dey, Joseph Bey, Hassan Calligee Admiral, Aga of the Divan, having perused the said Articles, We do by these Presents confirm them all, to and with the said Consul Nathaniel Lodington, in the same manner as they are written: Hereby promising on our Faiths to maintain the said Peace, now Ratified, We and all Our People punctually for ever.

Confirmed and Sealed in the Presence of Al­mighty God, at our Castle in the City of Tri­poly, the Seventh day of February 1686, Old Style, being the Second day of the Moon Herby, in the year 1098 of the Hegira.

(L. S.) (L. S.) (L. S.) (L. S.) FINIS.

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