Articles of peace & commerce between ... Charles II ... and the ... Lords the Bashaw, Dey, Aga, Divan, and governours of the ... kingdom of Tripoli concluded by Sir John Narbrough ... the first day of May, 1676.
England and Wales., Narbrough, John, Sir, 1640-1688., Tripoli (Libya). Treaties, etc. England and Wales, 1676 May 1.
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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 invi∣olable Peace between the most Serene King of Great Britain, France and Ireland, Defen∣der 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 be∣tween all the Dominions and Subjects of either side, and that the Ships or other Ves∣sels, and the Subjects and People of both sides, shall not henceforth do to each other any Harm, Offence or Injury either in Word Page  4or 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 Bri∣tain, 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 distur∣bance, paying the usual Customs as in for∣mer 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  5Britain, 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 Passen∣gers of what Countrey soever, and al Mo∣neys, 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 ei∣ther 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 be∣ing in any of the Seas appertaining to His Majesties Dominions, may send on board one single Boat with but Two Sitters, be∣sides the Ordinary Crew of Rowers: and no more but the Two Sitters to enter any of the said Merchants Ships, or any other Page  6Vessels, 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 al∣though the Commander or Commanders of the said Merchant Ship or Ships, Ves∣sel 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 Tri∣poli, if the Commander or Commanders of any such Ship or Ships, Vessel or Ves∣sels shall produce a Pass firmed by the Chief Governors of Tripoli, and a Certi∣ficate from the English Consul living there, Page  7or if they have no such Pass or Certificate, yet if the Major part of their Ships Com∣pany 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 Ma∣jesties Subjects, upon any part of the Coast belonging unto Tripoli, shall be made or be∣come Page  8Prize; 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 Tri∣poli 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, Al∣gier, Page  9Tittuan, 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 Maje∣sties 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  10of War shall appear before Tripoli, upon no∣tice thereof given to the English Consul, or by the Commander of the said Ships, to the chief Governors of Tripoli, publick Procla∣mation 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 Bri∣tain, shall be bound to pay the debts of any Page  11other of His Majesties Subjects; except that they become Surety for the same by a pub∣lick Act.

XIV.

That the Subjects of His said Majesty in Tripoli or its Territories, in matter of contro∣versie shall be liable to no other Jurisdiction but that of the Dey, or Divan, except they happen to be at difference between them∣selves; 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 se∣verity 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.

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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 Tri∣poli, shall always, and at all times both of Peace and War, have full and absolute li∣berty Page  13to depart, and go to their own or any other Countrey, upon any Ship or Ves∣sel 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 inter∣ruption 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 happen∣ed 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 King∣dom of Tripoli in Barbary, by reason of the Injuries done unto the King of Great Bri∣tain and His Subjects, by the Government Page  14and People of Tripoli, contrary to the Arti∣cles 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 com∣mitted 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 Arti∣cles, (we are sory for the same) and do by these engage to set at Liberty and deliver unto the Right Honourable Sir John Nar∣brough Knight, Admiral of His Majesties Fleet in the Mediterranean Seas, all English Captives residing in the City and Kingdom of Tripoli, and Dominions thereunto be∣longing, without paying any Ransom for them: And likewise by setting at liberty and delivering unto the said Sir John Nar∣brough Knight, all other persons taken un∣der English Colours, without paying any Ransom for them, and by paying Eighty thousand Dollars in Moneys, Goods and Page  15Slaves to the aforesaid Sir John Nar∣brough 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 Bri∣tain and His Subjects; if upon demand of satisfaction from the Government and Peo∣ple 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 voluntari∣ly Page  16appear 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 Govern∣ment 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 shoot∣ing off the same number of Cannon.

XXII.

That presently after the Signing and Seal∣ing Page  17of 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 forgot∣ten, 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 hereaf∣ter 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  18be the cause of the breaking of this Peace, shall assuredly be punished with present death.

Confirmed and Sealed in the presence of Al∣mighty God, the 5thday of March Old Stile, and the Year of our Lord Jesus Christ 1675/6. being the last day of the Moon Zelhedga, and the Year of the Hegira, One thousand eighty six, 1086.

  • (L.S.)
    _____
  • (L.S.)
    Bashaw.
  • (L.S.)
    Dey.
  • (L.S.)
    Divan.