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, and Governours of the Famous City and Kingdom of Algiers: Concluded by the Honourable Arthur Herbert, Admiral of His Majesties Fleet in the Mediterranean Seas.
Article I. IN the First place it is Agreed and Concluded, That from this day, and for ever forwards, 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 and Governours of the City and Kingdom of Algiers, 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 or deed, but shall treat one another wi [...] all possible respect and friendship.
[Page 4] 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 10 per Cent. as in former times, for such 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 hinderance whatsoever. As to Contraband Merchandizes, 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.
III. That all Ships and other Vessels, and well those belonging to the said 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, hinderance or molestation from each other, and that all Persons▪ or Passengers of what Countrey soever, and all Moneys, Goods, Merchandizes and Moveables, to whatsoever People or Nation belonging, being on Board of any of the saids 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.
IV. That the Algiers Ships of War or other Vessels meeting with any Merchants 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 onely, besides the ordinary Crew of Rowers, and that no more shall enter any such Merchant Ship or Vessell without express leave from the Commander thereof, but the two Sitters alone, and that [Page 5] upon producing a Pass under the Hand and Seal of the Lord High Admiral of England and Ireland, or of the Lord High Admiral of Scotland, for the saids Kingdoms respectively, or under the Hands & Seal of the Commissioners for Executing the Office of Lord High Admiral of any of the saids Kingdoms, that the said Boat shall presently depart, and the Merchant Ship or Vessel shall proceed freely on her Voyage, and that although for the space of Fifteen Moneths next ensuing after the Conclusion of this Peace, the said Commander of the Merchand Ship or Vessel produce no such Pass, yet if the major part of the Seamen of the said Ship or Vessel be Subjects of the said King of great Britain, the said Boat shall immediatly depart, and the said Merchant Ship or Vessel shall freely proceed on her Voyage; But that after the said Fifteen Moneths, all Merchants Ships or Vessels of His said Majesties Subjects shall be obliged to produce such a pass as aforesaid 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, or if they have no such Pass or Certificate, yet if for the space of Fifteen Moneths next ensuing the Conclusion of this Peace, the major part of the Ships Company be Turks, Moors, or Slaves belonging to Algiers, then the said Algier Ship or Vessel shall proceed freely; But that after the saids Fifteen Moneths, all Algiers Ships or Vessels shall be obliged to produce such a Pass and Certificate as aforesaid.
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.
[Page 6] 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.
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.
VIII. That none of the Ships or other smaller Vessels of Algiers shall remain Crusing near or in sight of His Majesties City and Garison of Tangier, or of any other His Majesties Roads, Havens or Ports, Townes and Places, nor any ways disturb the Peace and Commerce of the same.
IX. That if any Schip or Vessel of Tunis, Tripoli, 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 Governours there shall not permit them to be sold within the Territories of Algiers.
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 saids Ships of War shall not be [Page 7] 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 Rate in the Market.
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 Governours of Algiers, Publick Proclamation shall be immediatly made to Secure the Christian Captives; and if after that any Christians whatsoever make their escape on Board any of the saids Ships of War, they shall not be required back again, nor shall the said Consul or Commander, or any other His Majesties Subjects be obliged to pay any thing for the saids Christians.
XII. That from and after the time that the Ratification of this Treaty by the King of great Britain, shall be delivered to the Chief Governours of Algiers, no Subjects of His said Majesty shall be Bought or sold, or made Slaves in any part of the Kingdom of Algiers, upon any pretence whatsoever. And the said King of great Britain shall not be obliged by vertue of this Treaty of Peace to redeem any of His Subjects now in Slavery, or who may be made Slaves before the said Ratification; But it shall depend absolutly upon His Majesty, or the Friends and Relations of the saids 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 for as reasonable a Price as may be, with their Patrons or Masters for their Redemption, without oblidging the saids 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, Governour, Aga, 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 [Page 8] of other Nations usually pay when they are Redeemed.
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 Moneys shall not be Seized by the Governours, Judges, or other Officers of Algiers (who shall likewise make no enquiry after the same) but the saids 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 hinderance, and shall take care the same be remitted by some safe way, to the true and lawfull 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.
XIV. That no Merchants being His Majesties Subjects, and residing in, or Trading to the City and Kingdom of Algiers, shall be obliged to buy any Merchandizes 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.
[Page 9] XV. That the Subjects of His said Majesty in Algiers, or its Territories in mater of Controversie, shall be liable to no other jurisdiction but that of the Dey or Duan, 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.
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 an any sort questioned and troubled therefore.
XVII. That the English Consul now, or at any time hereafter 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 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.
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 others His said Majesties Subjects Inhahabiting 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 [Page 10] their Estates, Goods, Families and Servants, without any interruption or hinderance.
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 medled with, although he be on Board any Ship or Vessel in Enmity 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.
XX. That at all times when any Ship of War 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 immediatly after notice thereof given by His said Majesties Consul, or Officer, from the Ship unto the Dey and Governour of Algiers, they shall in Honour to His Majesty, cause a Salute of One and twenty Cannon to be Shot off 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.
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 vertue, and continue forever. 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 immediatly be made, and whatsoever remains in kind, shall be instantly restored.
[Page 11] 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 demand immediat Satisfaction for the saids 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 Tenth day of April, in the Year of Lord Jesus Christ, One thousand six hundred and eighty two: And in the Year of the Hegira, One thousand ninety three, and the Eleventh day of the Moon Abril.(L.S.) (L.S.) (L.S.)