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"WE, Osman Bassa, do declare, that the abovesaid capitulations and articles of peace are of us approved, and we confirm, and we ratify their worth and tenor. In witness of the truth, we hereunto apply our accustomed seal.
[The following is printed from the treaty, which was published by authority in 1686.]
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, the Bashaw, Dey, Aga, Divan, and Governors of the City and Kingdom of Tripoly; concluded by Sir John Narbrough, Knight, Admiral of his Majesty's Fleet in the Mediterranean Seas, the First Day of May, 1676.
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'Trance, and Ireland, Defender of the Christian saith, &c. and the most Illustrious Lords the Bashaw, Dey, Aga, Divan, and Governors of the city and kingdom of Tripoly, 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 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 Majesty's subjects, may safely come to the port of Tripoly, or to any other port or place of that kingdom, or dominions thereunto belonging, freely, to buy and fell,
without without the least disturbance, paying the usual customs as in former times hath been paid for such goods as they fell: and the goods they fell not, they shall have free liberty to carry on board their own ships, without paying any dudes for the same; and when they please they shall freely depart from thence, without any stop, hinderance, or molestation whatsoever.
III. That all ships and other vessels, as well those belonging to the said King of Great Britain, or to any
'of his Majesty's subjects, as also thofe belonging to the kingdom or people of Tripoly, shall freely pass the seas, and traffic where they please, without any search, hinderance, or molestation from each other; and that all persons or passengers, of what country soever, and all monies, 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 plundered, nor receive any harm or damage whatsoever from either party.
IV. That the Tripoly ships of war, or other vessels thereunto belonging, meeting with any merchants ships or other vessels of the King of Great Britain's subjects, not being in any of the seas appertaining to his Majesty's 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 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 leal of the lord high admiral of England, the said boat shall presendy 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 Tripoly, if the commander or commanders of any such ship or ships, vessel or vessels, shall produce a pafs firmed by the chief governors of Tripoly, and a certificate from the English consul living there, 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 Tripoly, then the said Tripoly ship or ships, vessel or vessels, shall proceed freely.
V. That no commander or other person of any ship or vessel of Tripoly, 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 use any torture or violence unto any person, of what nation or quality soever, being on board any ship or vessel of his Majesty's subjects, upon any pretence whatsoever.
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 Tripoly, 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 Tripoly shall do their best endeavours to save the said men and their goods.
VII. That no ship or any other vessel of Tripoly 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 Majesty's subjects.
VIII. That none of the ships or other smaller vessels of Tripoly shall remain cruising near his Majes
ty's city and garrison of Tangier, or in sight of it, nor other way disturb the peace and commerce of that place.
IX. That if any ship or vessel of Tunis, Algier, Tetuan, 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 Majesty's subjects, to Tripoly, or to any port or place in that kingdom, the governors there shall not permit them to be sold within the territories of Tripoly.
X. That if any of the ships of war of the said King of Great Britain do come to Tripoly, or to any other port or place of that kingdom, with any prize, they may freely sell it, or otherwise dispofe of it at their own pleasure, without being molested by any: and that his Majesty's 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 Majesty's ships of war shall appear before Tripoly, upon notice thereof given to the English consul, or by the commander of the said ships, to the chief governors of Tripoly, 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 his said Majesty's 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 Tripoly, or its territories, his goods or money shall not be seized by the governors or any minister of Tripoly, 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 other of his Majesty's subjects, except that they become surety for the same by a public act.
XIV. That the subjects of his said Majesty in Tripoly or 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 cafe they shall be liable to no other determination but that of the consul only.
XV. That in case any subject of his Majesty, being in any part of the kingdom of Tripoly, 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 or troubled therefore.
XVI. That the English consul now or at any time hereafter living in Tripoly, shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to choofe 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 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.
XVII. 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 city and kingdom of Tripoly, the said consul, and all other his said Majesty's fubjects.inh.abit-ing in the kingdom of Tripoly, shall always, and at all times, both of peace and war, have sull and absolute liberty to depart, and go to their own or any other country, upon any ship or vessel of what nation soever