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, etc. And the most Illustrious LORDS, The Douletli Bassa, Aga & Governors Of the famous City and Kingdom of ALGIERS in BARBARY: Ratified and Confirmed By Sir William Soame Baronet, His Majesty's Ambassador to the Grand Signior, On the Fifth of April, Old Style, 1686. Published by His Majesty's 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, etc. And the most Illustrious LORDS, The Douletli Bassa, Aga and Governors of the Famous City and Kingdom of Algiers in Barbary: Ratified and Confirmed by Sir William Soame Baronet, His Majesty's 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 Majesty's Fleet in 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, etc. And the most Illustrious Lords the Douletli Bassa, Aga, and Governors 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 Majesty's 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 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 departed 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 Majesty's 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 Majesty's Subjects, as those belonging to the Kingdom or People of Algiers, shall freely pass the Seas, and Traffic 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 Movables, to whatsoever People or Nation belonging, being on Board of any of the said 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. IU. That the Algiers Ships of War, or other Vessels meeting with any Merchant Ships or other Vessels of His said Majesty's Subjects, not being in any of the Seas appertaining to His Majesty's 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 departed, and the Merchant Ship or Vessel shall presently departed, and the 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 Algiers Ship or Vessel, shall produce a Pass firmed by the Chief Governors of Algiers, and a Certificate from the English Consul living there, the said Algiers 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 Majesty's 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 Majesty's Subjects, upon any pretence whatsoever. Artic. VI That no Shipwreck belonging to the said King of Great Britain, or to any of His Majesty's 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 Majesty's Subjects. Artic. VIII. That none of the Ships or other smaller Vessels of Algiers shall remain Cruising near or in sight of any of His Majesty's 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, Tripoli, or Sally, or of any other Place, bring any Ships, Vessels, Men or Goods belonging to any of His said Majesty's 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 Majesty's 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, Public 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 Majesty's Subjects be obliged to pay any thing for the said Christians. Artic. XII. That henceforward no Subjects of His Majesty of Great Britain, etc. 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, 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 Majesty's 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 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, than 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 Majesty's 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 Majesty's Subjects, and Residing in, or Trading to the 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 Majesty's 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 Majesty's Subjects, except that he or they become Sureties for the same by a Public Act. Artic. XV. That the Subjects of His said Majesty in Algiers, ot its Territories, in matter of Controversy, 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 than 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 Majesty's 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 only 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 Majesty's Subjects inhabiting in the Kingdom of Algiers, shall always, and at all times, both of Peace and War, have full and absolute Liberty to departed and go to their own, or any other Country, 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 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 War of the King of Great Britain's, carrying His said Majesty's 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 Majesty's 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 Governors 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 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 Public 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 seven, 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, etc. 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 Majesty's 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 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 Majesty's 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 settled 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 of Peace, and do now for ourselves and the whole Body of our Militia, by these present, Accept, Approve, Ratify and Confirm, all and every the 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, etc. in this our said City and Kingdom of Tunis, we do hereby firmly promise to see, that entire 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 Seven 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 ancient Customs of Ten per Cent. as formerly; and to all that is in these presents contained, we do strictly oblige ourselves, 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, etc. And the most Illustrious Lords, Ishmael Bassa, Brahem Dey, Joseph Bey, Hassan Calligee Admiral, Aga of the Divan of the City and Kingdom of Tripoli. Concluded by Nathaniel Lodington His Majesty's Consul, the Seventh day of February 1686/7. WHereas His Sacred Majesty James the Second, King of Great Britain, France and Ireland, etc. hath pleased to signify by his Letters to the Governors of this City and Kingdom of Tripoli, that His Majesty doth fully Empower 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 Bassa, 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 enjoyed entire Friendship. For the continuance of which Amity with his now Sacred Majesty James the Second, We Ishmael Bassa, 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 Tripoli, 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.