Form of the Certificate Consuls and Senators of the City of _____ do Attest and Certifie That on the _____ day of _____ in the Year _____ Personally before Us came and appeared _____ Citizen and Inhabitant of the City or Town of _____ and under the Oath wherein he stands bound to our Sovereign Lord the King did declare unto Us That the Ship or Vessel called _____ of the Burthen of _____ Tuns doth belong to the Port City or Town of _____ in the Province of _____ And that the said Ship doth justly belong only to him and others Subjects of Our said Sovereign Lord and now bound directly from the Port of _____ Laden with Goods mentioned in a Schedule received from the Officers of the Customs and that he hath affirmed under the Oath aforesaid that the forementioned Vessel with her Goods and Merchandise doth only belong to Subjects of his Majesty and doth carry no Goods prohibited which belong to either of the Parties now in War In Testimony whereof We have caused this Certificate to be Subscribed by the Syndic of Our City and Sealed with Our Seal Given c. When therefore the Merchandise Goods Ships or Men of either of the Confederates and their Subjects and People shall meet in open Sea Straights Ports Havens Lands and Places whatsoever the Ships of War whether publick or private or the Men Subjects and People of the other Confederate Upon exhibiting only the foresaid Letters of Safe-Conduct and Certificate Ships not to be Searched upon producing their Certificates there shall be nothing more required of them nor shall Search be made after the Goods Ships or Men nor shall they be any other ways whatsoever molested or troubled but suffered with all freedom to pursue their intended Voyage But if this solemn and set Form of Passport and Certificate be not exhibited or that there be any other just and urgent cause of suspicion Then shall the Ship be Searched which is nevertheless in this case only understood to be permitted and not otherwise If by either Party any thing shall be committed contrary to the true meaning of this Article against either of the Confederates each of the said Confederates shall cause his Subjects and People offending to be severely punished and full and entire Satisfaction to be forthwith given and without delay to the Party injured and his Subjects and People for their whole Loss and Expences XXI It is also Concluded and Agreed English Ships passing by Gluckstad and other Places upon the Elbe to be free from all Customs and Search That all Ships of Subjects and People of the King of Great Britain together with their Lading and Merchandise passing by the Port of Gluckstad or other Places and Towns under the Dominion of the King of Denmark situate upon the Elbe Stream both going and returning shall be free and exempt from all Custom Impost Search Seisure and Molestation except only the case of Search in the time of War when the King of Denmark hath War with any other King or State XXII If the Subjects of either Prince be hurt or injured in the Territories of the other Any Injury done to either Parties Subjects in the others Territories to be punished according to the Laws of the Country Then the King of that place where the Injury is done shall take care that speedy Justice be administred according to the Laws and Customs of the Country And that the Persons guilty be duly punished with Satisfaction to be made to the Party wronged XXIII It is also Agreed No Ships or Goods Laden on Ships belonging to either Party to be adjudged Prize but by due form of Law That no Ships whatsoever Vessels or Merchandise Laden on Ships of whatsoever nature kind or quality howsoever taken belonging to any the Subjects of either of the aforesaid Kings under any colour or pretence whatsoever be adjudged Prize unless by a Judicial Examination and Process in form of Law in a Court of Admiralty for Prizes taken at Sea in that behalf lawfully Constituted XXIV Both Parties shall cause Justice and Equity to be Administred to the Subjects and People of each other Justice to be Administred according to the Laws of each Country respectively according to the Laws and Statutes of either Country speedily and without long and unnecessary Formalities of Law and Expences in all Causes and Controversies as well now depending as which may hereafter arise XXV If the Ships of either of the Confederates In case of Shipwrack the Goods to be preserved for the Owners and their Subjects and People whether they be Merchant-Men or Men of War shall happen to run on Ground or fall upon Rocks or be forced to lighten themselves or shall otherwise suffer Shipwrack which God forbid upon the Coasts of either King the foresaid Ships with their Tackle Goods and Merchandise or whatsoever shall be remaining of them shall be restored to their Owners and Proprietors Provided they or their Agents and Proctors do claim the said Ships and Goods within the space of a year and a day after such Shipwrack suffered saving always the Rights and Customs of both Nations The Subjects also and Inhabitants dwelling upon the said Coasts and Shores shall be obliged to come in to their help in case of danger and as much as in them lies to give their assistance And shall do their utmost endeavour either for the freeing of the Ship or saving the Goods Merchandise and Apparel of the said Ship and what else of the same they shall be able and for the conveying the same into some safe place in order to be restored to the Owners they paying Salvage and giving such Recompence to the persons by whose assistance and diligence the said Merchandise and Goods shall have been recovered and preserved as they shall deserve And finally both Parties in case of such misfortune shall see observed on their Side what they would desire to have observed and done on the other Side XXVI The Commanders of Ships or Governors Ships Commanders of Ships Goods c. not to be Arrested but for the defence of the Kingdom and except in cases of Debt Souldiers Mariners and Company belonging to the same As also the Ships themselves and the Goods and Merchandise on Board them shall not be detained by any Arrest or Seisure upon any Warrant either General or Special or for any cause unless for the defence and preservation of the Kingdom Which yet shall not be understood to be meant of Arrests layed by Authority of Law for Debt contracted upon any other lawful occasion whatsoever in which case it shall be lawful to proceed according to the Rules of Justice and Law XXVII It shall be free for the Merchants of both Kingdoms their Factors and Servants and also the Masters and Mariners of Ships upon the Sea Merchants Mariners c. to have the liberty of wearing or carrying Arms. and in other Waters as likewise
The Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting Sail from thence TO all unto whom these Presents shall come We the Governours Consuls or chief Magistrate or Commissioners of the Customs of the City Town or Province of N. do testifie and make known That N. N. Master of the Ship N. hath before Us under solemn Oath declared That the Ship N. of _____ Tun more or less of which he is at present Master doth belong to the Inhabitants of N. in the Dominions of the Most Serene King of Great Britain And We desiring that the said Master may be assisted in his Voyage and Business do intreat all Persons in general and particular who shall meet him and those of all Places where the said Master shall come with the said Ship and her Merchandise that they would admit him favourably treat him kindly and receive the said Ship into their Ports Bays Havens Rivers and Dominions permitting her quietly to Sail Pass Frequent and Negotiate there or in any other Places as shall seem good to the said Master paying still the Toll and Customs which of Right shall be due Which we will acknowledge gratefully upon the like Occasions In witness whereof We have Signed these Presents and Sealed them with the Seal of our Town WILL. GODOLPHIN Don PEDRO FERNANDEZ del Campo y Angulo The Copy of a Patent containing several Gracious Priviledges lately Granted by the High and Mighty Philip the Fourth King of Spain c. Which are Confirmed by the foregoing Treaty and whereof mention is made in the ninth Article of the said Treaty DON PHILIP By the Grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugal Navarre Granado Toledo Valencia Galicia Majorca Sivilla Sardinia Cordoua Corsega Murica Jaen the Algarves Algesira Gibraltar the Islands of the Canaries the East and West-Indies Islands and firm Land of the Ocean Sea Arch-Duke of Austria Duke of Burgundy Brabant and Milan Earl of Haspurg Flanders Tiroll and Barcelona Lord of Biscay and Molina c. WHereas on the behalf of you Richard Anthony Consul of the English Nation for your self and in the Name of the Subjects of the King of Great Britain it hath been shewed unto me That by virtue of the Peace which is Concluded in this and that Realm you do Reside and Trade in Andaluzia and specially in the Cities of Sivil St. Lucar Cadiz and Malaga desiring Me to be pleased to Confirm unto you the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmations thereof and other Favours and Graces which My Lord and Father of glorious Memory did Grant unto you and all such others which have been given you by the Crowns of My Realms of Castile and Portugal and to Command that they may be in and for all things observed and accomplished unto you without any Limitation and for further assurance to Grant them anew unto you with the Qualities Amplitudes and Declarations which shall be most convenient for you and to set Penalties upon such as shall contradict and not observe them unto you and to the end it may be known what they are to grant them Copies thereof or of that which My Favour shall be And I taking the Premisses into Consideration and because for the Occassions which I have for My Wars you have offered to Serve me with 2500 Ducats of Silver to be paid 1000 in ready Money and theremaining 1500 in the Month of April of this Year whereof the Licentiate Francis Moreno which in reversion of Don Anthony de Campo Redondo y Rio Knight of the Order of Santiago one of My Council and Chamber and of the Treasury in your Name and by virtue of your Power did acknowledge a Writing of Obligation in form before John Cortez de la Cruz My Notary I do hold it for good And by these Presents of My own motion and certain knowledge and Royal and absolute Power which I in this behalf will make use of and do use as an absolute King and Lord not acknowledging any Superior in matters Temporal do Confirm and Approve the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmation thereof and also the other Favours and Graces which My Lord and Father did Grant unto you and others whatsoever which have been given by My Crowns of Castile and Portugal unto the said Subjects in and for all things as therein and every thing and part thereof is specified contained and declared to the end they may be firm stable and of value and be observed kept and accomplished unto you For my deliberate intent and will is that all those of the said Nation shall enjoy thereof without any limitation in such manner that during the time the said Englishmen shall reside in Andaluzia neither you nor they may be charged with any Office or publick Charge nor Council Tutorship Curatorship Receivers or Treasurers although they be of Customers and Millions or other Services which concern my Royal Treasury and much less they may demand of you any Loans or Donations or take from you any Rights or your Rents Horses or Slaves And to do you the more Favour or Grace according to that which is Agreed by the said Peace I do will and promise that you shall and may Deal and Trade freely and Sell your Merchandise and Fruits and Buy those of my Realms and carry them forth observing that which is Ordained and Commanded by the Laws and Statutes which make mention thereof and paying to my Royal Treasury the Duties or Customs which ought to be paid prohibiting as I do Prohibit and Command not to take from you by force any Merchandises Wheat or Barley although it be for the making ready or furnishing my Armies Fleets or Gallions nor for Purveyors or Stewards and the Priviledges are to be concerning the Wheat and Barley according to the Tun and concerning the other Things and Merchandises as you shall Conclude and Agree but they may not take them out of your possession until they have paid for them unless for the same there be leave given that they do not molest and trouble you And forasmuch as many of you do Treat to bring into the Ports of Andaluzia the City of Sivil and other Places great quantity of New-found-land Fish and other sorts of dry and salted Fish because they are Victuals which are very necessary and that you have been and are put to great Charges and are much troubled I do Will and Command to be kept the Ordinance of the City of Sivil whereby it is Ordained That those which come in with dry or salted Fish there shall not be any Price or Rate set upon them but they shall be permitted to sell at such a Price as they shall think good and it shall not be necessary to manifest
which Judge Conservator is now Doctor Don Francisco de Vergara Judge of my Court de les Grados of the City of Sivil the time that he shall assist therein and in his absence the Licentiate Don Francisco de Modrano Judge of the same Court who for the Suits which shall be commenced in the said Cities of Cadiz Malaga and St. Lucar is to Subdelegate his Conservatorship in the person which by the said Nation shall be propounded or named that he may effect the same to the conclusion and they shall be referred unto him to be determined and of that which he shall determine the Appeal is to be made to my Council and not to any other Court And forasmuch as my Will is That every one in his time shall have primative Commission and Jurisdiction to protect and defend you concerning all the Contents of this my Patent that all the same may be kept and accomplished in the form which I do offer the same unto you I have found good to charge as by these Presents I do charge them with the protection and defence hereof And I do Command them to see or peruse this my Patent and the Qualities Conditions Preeminencies and Amplifications therein contained and to cause all the same to be kept accomplished and executed in such form and manner and according as therein is contained and declared without consenting or giving way that in all or in part there be made unto you any Doubt or Difficulty and before the said Don Francisco de Vergara or in his absence before the said Francis de Medrano and not before any other Judge privately in the first instance are to pass and be followed all the Causes and Suits which concerning the Premisses or any thing or part thereof shall be moved and caused and the execution and punishment of those which shall not be obedient For my Will is that the knowledge and determination of all the Contents in this my Patent is in all things privately to concern and shall concern them proceeding in all things against those which shall be culpable and executing for the same the Penalties which are mentioned by Law reserving as I do reserve the Appellations which shall be put in upon their Acts and Sentences to my Council and not any other Court without that any of other my Councils Tribunals Courts Chanceries or any other Judges or Justices of my Realms or Dominions of whatsoever quality they be may meddle or shall meddle therewith or in the use or exercise of the Jursdiction privative in the said first instance which by this my Patent I do Grant unto them by way of excess appellation or any other recourse or manner the which and every of them I do inhibit and hold for inhibited the knowledge thereof and do declare them for incompetent Judges thereof for which and every thing and part thereof I do give them the most sufficient Power and most ample Commission which according to Law is required and necessary with the Incidencies and Dependencies Annexities and after them the said English Nation of the said City of Sivil may name in the said Commission one of the Judges of the said Audience which the said Nation shall chuse And I do Command the President and those of my Council of the Chamber that Presenting before them their Nomination the case happening to make void the said Commission by Promotion or Vacation of the said Don Francisco de Vergara and Don Francis de Medrano or to dispatch it in any other manner by Ordinary to him that shall be therein nominated in the form according and as by this my Patent is declared And that it may be the better accomplished I do from this time give them Power and Authority that they may Subdelegate and they shall Subdelegate this Commission for the Business and Suits which shall be offered in the said Cities of Cadiz Malaga and St. Lucar de Barameda in the Person which by you shall be propounded unto them that they may substantiate them for a conclusion and remit the Suits and Causes unto them to be determined in such manner as they shall find good and convenient for the security of that which is contained in this my Patent And I do charge the most excellent Prince Don Balthazar Charles my most dear and most beloved Son and do Command the Infants Prelates Dukes Marquesses Earls Richmen Commanders and Under-Commanders Governours of Castles strong Houses and Plains and those of my Council Presidents and Judges of my Courts Alcaydes and Officers of my House Court and Chanceries and all the Corrigidors Assistants Governours Alcaldes Mayors and Ordinaries and whatsoever Judges and Justices of these my Realms and Dominions to observe and accomplish and cause to be observed and accomplished this my Patent and the Favour or Grace which thereby I do Grant you and against the tenor and form thereof not to do or pass now nor at any time in any manner perpetually for evermore Nor to consent or give way to be limited or suspended unto you all or part thereof notwithstanding whatsoever Laws or Statutes of these my Realms and Dominions Ordinances Stile Use or Custom of the said Cities of Sivil Cadiz Malaga or St. Lucar or any other thing which is or may be to the contrary the which for this time forsomuch as concerneth this matter holding the same here for inserted and incorporated as it were word for word written I do dispence abrogate derogate cancel annihilate and make void and of none effect remaining in full force and effect for all other things henceforward And for this my Patent Jeronimo de Canencia Auditor of Accompts in my chief Office of Accompts and my Secretary of the Mediaenate shall take a Copy at whose Charge is the Accompt and reason of this Right And I do declare that for this Favour you have paid the Duty of the Mediaenate which amounteth to Thirty and five thousand one hundred fifty and five Maravediz in Silver which Sum you are to pay from Fifteen to Fifteen years perpetually and in case they do accomplish or end you may not make use of this Favour until such time as it shall first appear that you have satisfied this Duty And you are also to pay the Judge Conservator which shall be named his Salary or to help to bear his Charges which he shall enjoy for his labour or pains in the said Business before you shall enjoy thereof which is to appear by Certificate of the Office of this Duty Given in Saragosa the Nineteenth day of March Anno 1645. I The King I Anthony Carnero Secretary of the King our Lord did cause it to be written by his Commandment Registred Michael de Lariaga Lieutenant of the Lord High Chancellor Michael de Lariaga The Copy was taken Jeronimo de Canencia Don John Chumazero y Carillo Doctor Don Anthony de Campo Redondo y Rio Licenciate JOSEPH GONSALES THis Copy doth agree with that out of which it was
Loss together with all even the smallest things thereto appertaining forthwith restored to him whose it was before and in the same Condition wherein it was then when it was taken without tergiversation delay or any kind of pretence VII Under this present Treaty of Peace shall be comprehended those Who shall be comprehended in this Treaty who before the Exchange of Ratifications or afterwards within Six Months shall be by common Consent nominated by both Parties And as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be VIII Lastly These Articles to be observed by both Kings It is Concluded Covenanted and Agreed That the foresaid Most Serene and Most Potent Kings shall sincerely and bona fide observe all and singular the Articles contained and established in this present Treaty and shall cause the same to be observed by their Subjects and Inhabitants neither shall they directly or indirectly transgress them or suffer them to be transgressed by their Subjects or Inhabitants directly or indirectly And they shall Ratifie and Confirm all and every thing as they are above Covenanted Ratifications to be Exchanged by Letters Patents Subscribed with their Hands and Corroborated with their Great Seals conceived and written in sufficient valid and effectual Form and shall reciprocally deliver or cause the same to be delivered here at Breda bona fide really and effectually within the space of Four Weeks next ensuing the Date of these Presents or sooner if it may be done Breda the 21 31 day of July 1667. Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. I. FIrst A firm Peace concluded That from this Day there be a true firm and inviolable Peace sincere Friendship a nearer and straiter Alliance and Union between the Most Serene King of Great Britain and the High and Mighty States General of the United Provinces of the Netherlands and the Lands Countries and Cities under the Obedience of both Parties wheresoever situate and their Subjects and Inhabitants of what Degree soever they be II. Also That for the time to come all Enmities Enmities to cease Hostilities Discords and Wars between the said Lord the King and the foresaid Lords the States General and their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions Places and Governments of what Condition soever they be within the Jurisdiction of either Party III. Also Injuries to be forgiven That all Offences Injuries Damages Losses which His said Majesty and His Subjects or the foresaid States General and their Subjects have on either Side sustained during this War or at any time whatsoever heretofore upon what Cause or Pretence soever be buried in Oblivion and totally expunged out of Remembrance as if no such things had ever past Furthermore that the foresaid Peace Both Parties to keep what they have Friendship and Alliance may stand upon firm and unshaken Foundations and that from this very Day all Occasions of new Dissention and Difference may be cut off It is further Agreed That both thē Parties and either of them shall keep and possess hereafter with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies how many soever as during this War or in any former Times before this War they have by Force of Arms or any other way whatsoever gotten and detained from the other Party and that altogether after the same manner as they had gotten and did possess them the 10 20 day of May last past none of the same Places being Excepted IV. Moreover Ships Goods c. to remain to the Possessors That all Ships with their Furniture and Merchandise and all Moveables which during this War or at any time heretofore have come into the Power of either of the forementioned Parties or their Subjects be and remain to the present Possessors without any Compensation or Restitution so as each one become and remain Proprietor and Possessor for ever of that which was so gotten without any Controversie or Exception of Place Time or Things V. Moreover That all Actions Suits and Pretensions whatsoever they be or in what manner soever they have been restrained circumscribed defined or reserved in any Articles of Peace or Alliance already made and especially in the fifteenth Article of that Treaty which was Signed in the Year 1662. which His said Majesty and the said States General or their Subjects may or would prosecute or move against one another about such matters or things as have happened during this War or in any former Times as well before as after the foresaid Treaty of 1662. until the Day of this present Alliance be and remain void obliterated and disannulled All Actions Suits and Pretensions renounced As His said Majesty and the said States General shall declare and they do hereby declare That by vertue of these Presents they will for ever totally renounce even as hereby they do renounce all such Actions Suits and Pretensions for themselves and their Successors so as in regard of them nothing more may or ought ever to be urged on either Side and nothing to be moved thereupon hereafter VI. But if after the 10 20 day of May Places taken since the 10 20 of May to be restored expressed in the precedent third Article or after the Peace is made or this Treaty Signed either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies or other Places whatsoever all and every of them without any distinction of Place or Time shall be restored bona fide in the same state and condition wherein they shall be found to be at the Time whensoever it shall be known in those Places that the Peace is made VII But to avoid all matter of Strife or Contention hereafter that useth sometimes to arise concerning the Restitution or Liquidation of such Ships Merchandise and other Moveables as both Parties or either of them may pretend to have been taken or gotten in Places and Coasts
shall do that no violence shall be offered them by the Ships of War belonging to his Majesty of Great Britain or his Subjects all the Captains of the Kings Ships and all his Majesties Subjects that set out private Men of War shall be charged and enjoyned not to molest or endamage them in any thing whatsoever upon pain of being punished and made answerable in their Persons and Goods for all Costs and Damages until due Restitution and Reparation be made XIII And for this cause the Captains and Capers shall from henceforth every one of them be obliged before they go out To give Security to that end to give good and sufficient Security before competent Judges in the Sum of Fifteen hundred pounds Sterling or Fifteen thousand Livres Tournois that they will give full satisfaction for any Injuries or Wrongs they may commit in their Courses at Sea and for their Captains and Officers that shall violate this present Treaty and the Orders and Proclamations of His Majesty which shall be published by virtue and in conformity to the Regulation therein made upon pain of forfeiting their said Commissions and Licences Which shall in like manner be practised by the Subjects of the said States General XIV If it should happen that any of the said French Captains should make Prize of a Vessel laden with Contraband Goods Contraband Goods taken not to be opened but in presence of the Officers of the Admiralty as hath been said the said Captains may not open nor break up the Chests Mayls Packs Bags Cask or Sell or Exchange or otherwise alienate them until they have Landed them in the presence of the Judges or Officers of the Admiralty and after an Inventory by them made of the said Goods found in the said Vessels unless the Contraband Goods making but a part of the Lading the Master of the Ship should be content to deliver the said Contraband Goods unto the said Captain and to pursue his Voyage In which case the said Master shall by no means be hindred from continuing his course and the design of his Voyage XV. His Majesty being desirous that the Subjects of the said States may be used in all Countries under his Obedience as favourably as his own Subjects Judgments upon Prizes to be given equitably will give all necessary Orders that Judgments and Decrees upon Prizes which shall happen to be taken at Sea may be given with all Justice and Equity by Judges not suspected nor concerned in the Matter under debate And His Majesty will give precise and effectual Orders that all Decrees Judgments and Orders of Justice already given and to be given may be readily and duly executed according to the tenor of them XVI And when the Ambassadors of the said States General Upon complaint of Judgment a Review to be granted within Three Months or any other of their Publick Ministers Residing in his Majesties Court shall make Complaint of the Judgments which shall be given his Majesty will cause a Review to be made of the said Judgments in His Council to Examine whether the Order and Precautions contained in the present Treaty have been followed and observed and to provide for the same according to Right and Equity which shall be done within the space of Three Months at the farthest The Goods reclaimed not to be sold or unladen but by consent Nevertheless neither before the first Judgment nor after it during the time of the Review the Goods and Effects which are reclaimed may not be sold or unladen unless it be with the consent of the Parties interessed to avoid the spoiling of the said Commodities if they be perishable XVII When Process shall be moved in the first or second Instance between those that have taken the Prizes at Sea and the persons interessed therein The interessed in a Ship taken obtaining a favourable Judgment the same to have its Execution upon Security and the said interessed persons shall come to obtain a favourable Judgment or Decree the said Judgment or Decree shall have its Execution upon Security given notwithstanding the Appeal of him that took the Prize But the same shall not hold on the contrary where the Sentence goes against the Claimers And that which is said in this present and in the precedent Articles for the causing of good and speedy Justice to be done unto the Subjects of the United Provinces in the matter of Prizes taken at Sea by His Majesties Subjects shall be understood and practised by the States General in regard of Prizes taken by their Subjects from those of His Majesty XVIII But since the Conveniences and Inconveniences of Things and Agreements cannot be discovered but in procedure of Time and by Observations drawn from mutual Experience Commissioners to be appointed for the supplying of what shall be found wanting in this Treaty It is therefore Agreed between the said King of Great Britain and the said Lords the States of the Vnited Netherlands That at any time hereafter when both Parties shall so think it fitting certain Commissioners by each Party respectively chosen shall meet by the common Consent of both who shall make it their Care and Business to supply what ever shall be found wanting in the aforementioned Articles to change or limit what ever shall not be convenient and commodious for both and fully compleat a further Treaty both concerning these things and all other the Laws of Navigation XIX All these Agreements Ratification within Four Weeks and all and every thing therein contained shall be Confirmed and Ratified by the said King of Great Britain and the States General of the Vnited Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged by each Party within the time aforesaid Here follow certain Forms whereof mention is made in the Eighth Article A Form of the Certificates that ought to be given by those that have the ordinary Power of the Admiralty of England to the Ships and Vessels that go out thence according to the Eighth Article of the present Treaty High Admiral of England To all who shall see these Presents Greeting These are to certifie That we have granted leave and permission to _____ Master and Captain of the Ship called _____ of the City of _____ of the Burden of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his departure shall have made Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of these Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put
into the Registry a List Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall shew the Officers and Marine Judges this his present Licence and having finished his Voyage shall make faithful relation of what hath been done and hath passed during all the time of his said Voyage and shall carry the Flags Arms and Colours of his Majesty throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed And underneath By _____ and Sealed with the Seal of the Arms of the said High Admiral A Form of the Act containing the Oath to be taken by the Master or Captain of the Ship WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Given at _____ the day of _____ One thousand six hundred c. In testimony whereof we have hereunto set our Hands The Form of the Certificates that ought to be given by the Burgomasters of the Cities and Sea-Ports of the United Provinces to the Ships and Vessels that go from thence according to the Eighth Article abovesaid TO the Most Serene Most Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Commonwealths Princes Dukes Comtes Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomastersand Governors of the City of _____ do certifie That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the Vnited Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you and every of you where the abovesaid Master shall arrive with his Ship and Goods that you will please to receive him courteously and use him kindly admitting him upon paying the usual Dues Tolls and other Customs to enter into remain in and pass from your Ports Rivers and Territories and there to Trade Deal and Negotiate in any Part or Place in such sort and manner as he shall desire Which we shall most readily acknowledge in the like occasion In witness whereof We have caused the Seal of Our City to be thereunto put In Witness and Confirmation of all and every part whereof We the Commissioners of His said Majesty the King of Great Britain and of the said Lords the States General having sufficient Power given us thereunto have Signed these Tables and Sealed them with our Seals At the Hague in Holland the 17. of Febr. in the Year One thousand six hundred sixty eight De Gellicum B. d' Asperen John de Witt Van Crommon G. Hoolck V. Vnckell Jan. Van Isselmuden L. T. Van Starckenborck A Treaty of Friendship and Commerce between His Majesty of Great Britain c. and the Most Serene Prince the Duke of Savoy Concluded at Florence the 19th day of September 1669. The Instrument of Commerce with the Duke of SAVOY THe convenient Situation of the Port of Villa Franca in the Mediterranean Sea and the Capacity of the same together with the Security of it in all respects have been efficacious Motives to His Most Serene Highness the Duke of Savoy for the Exhibiting and Pronouncing the same Free to the whole World with a Belief that it might in time prove advantageous to the Publick and to His Royal Highness in particular But it so falling out that the vigour of things which are established by the best Counsel in process of time are rendred languid and subject to mutation It has therefore pleased His Royal Highness not only to reconfirm the Free State and Condition of his Port But over and above to offer the same to His Majesty of Great Britain c. encreased with new Priviledges and augmented with inviolable Capitulations To these Motives a most valid and reciprocal Inducement joyns it self To wit the Luxuriant Fertility of Soil which is obvious in the Kingdoms and other Plantations which are under the Dominion of His Majesty of Great Britain c. As also in the Dominions of His said Royal Highness which superfluity since it is so properly and naturally transmitted and emptied into the mutual Territories with the reciprocal fruit and advantage of the Subject 'T was easie for both Princes between whom there passed long since the Tyes of an Ancient Friendship confirmed by repeated Alliances and by late conjunction in Bloud to entertain thoughts of superadding the new Tye of mutual Commerce by which they might upon the score of advantaging their Subjects further Oblige and reciprocally Engage themselves to each other To this end and purpose it has pleased His Most Excellent Majesty by His Letters Patents under the Great Seal of England to constitute Sir John Finch Knight now Resident for His Majesty of Great Britain with the Great Duke of Tuscany His true and lawful Attorney with a Plenipotentiary Power as appears out of the Letters Patents themselves And to the same intent and purpose His Royal Highness has thought good to invest with the same Power and Authority Signor Joseph Maurice Philippone His Counsellor Auditor and Procurator General of His Revenue As is likewise apparent from the Letters Patents of His Royal Highness Both which Plenipotentiaries after several Meetings have finally Concluded as follows ARTICLES COVENANTED I. FIrst The Peace Confirmed Since Commerce was always the Companion of Peace That Peace which for many Years was never interrupted by War is now Ratified Established and Confirmed between the Most Potent Monarch CHARLES the Second King of Great Britain c. and His Royal Highness CHARLES EMANVEL the Second of that Name Duke of Savoy c. Both whose Subjects are obliged as well by Sea as Land upon all occasions to perform to each other all Actions of mutual Civility and Kindness II. Secondly It shall be permitted to English to Import freely all sorts of Goods and Land them without Confiscation or Imposition and lawful for all sorts and kinds of Ships and Vessels belonging to his Majesty the King of Great Britain c. or any of his Subjects to conduct and bring into the Ports of Villa Franca Nizza or S. Hospitio all things whatsoever or all kinds of Merchandise whether produced by Nature or made by Art in any part of the World All which things or Merchandise so brought shall freely and lawfully by the Captains or Masters or any
and Governors of the City and Kingdom of Tripoli Concluded by Sir John Narbrough Knight Admiral of his Majesties Fleet in the Mediterranean Seas the First day of May 1676. Article I. IN the first place A perpetual Peace 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 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 Tripoli 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 English Ships to come freely to Tripoli 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 Disturbance paying the usual Customs as in former Times hath been paid for such Goods as they Sell To pay Customs only for the Goods 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 All Persons and Goods belonging to the Subjects of other Nations on Board the Ships of either Party to be free as well those belonging to the said King of Great Britain 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 Passengers of what Country soever and all Moneys Goods Merchandises 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 either Party IV. That the Tripoli Ships of War How Ships shall be Visited at Sea 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 Majesties 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 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 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 Tripoli if the Commander or Commanders of any such Ship or Ships Vessel or Vessels shall produce a Pass firmed by the chief Governors of Tripoli 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 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 No person whatsoever to be taken out of any English Ship 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 Majesties Subjects upon any pretence whatsoever VI. That no Shipwrack belonging to the said King of Great Britain Goods of a Ship cast away to be saved or to any of his Majesties Subjects upon any part of the Coast belonging to Tripoli shall be made or become Prize The Men not to be made Slaves 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 Tripoli shall have permission to be delivered up No Tripoli Ship shall be used against the English 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 No Tripoli Ship to Cruise near Tangier or disturb the Commerce of it 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 No English Ship brought in as Prize or Men or Goods to be sold at Tripoli Algier Tittuan 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 Majesties 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 English Men of War may dispose of their Prizes at 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 Not to pay Custom And that if they shall want Provisions Victuals May buy Provisions c. or any other things they may freely buy them at the Rates in the Market XI That when any of his Majesties Ships of War shall appear before Tripoli English
notice thereof given by his said Majesties Consul or Officer from the Ship unto the Dey and Government 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 Shooting off the same number of Cannon XXII That presently after the Signing and Sealing of these Articles by Us Halil Bashaw Ibraim Dey Aga Amnesty for all Injuries past Divan and Governors of the Noble City and Kingdom of Tripoli 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 Satisfaction to be made for Injuries committed before the Notification of this Peace 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 hereafter Satisfaction to be immediately made for all Injuries and the Peace not to be broken till Satisfaction be denied 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 be the cause of breaking of this Peace shall assuredly be punished with present Death Confirmed and Sealed in the Presence of Almighty God the 5th day 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 WHereas there were Articles of Peace and Commerce between the Most Serene and Mighty Prince Charles the Second Confirmation of the former Peace by the Grace of God King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords Halil Bashaw Ibraim Dey Aga Divan and Governors of the Noble City and Kingdom of Tripoli in Barbary lately Made and Concluded by the said Lords on the one part and by Sir John Narbrough Knight Admiral of his said Serene Majesties Fleet in the Mediterranean Seas on the other part and by them Confirmed and Sealed in the Presence of Almighty God the Fifth day 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. Since which time of Confirming and Sealing the aforesaid Articles of Peace and Commerce the aforesaid Lord Ibraim Dey being fled away from his said Government of the City and Kingdom of Tripoli in Barbary Now therefore We Halil Bashaw Aga Divan Governors Souldiers and People of the aforesaid City and Kingdom of Tripoli have chosen and elected Vice-Admiral Mustapha Grande to be Dey of the said City and Kingdom of Tripoli in Barbary to succeed Ibraim Dey in the aforesaid Government And now We the said Halil Bashaw Mustapha Dey Aga Divan Governors Souldiers and People of Tripoli aforesaid having seen the aforesaid Articles of Peace and Commerce which were lately Made and Concluded as aforesaid and having seriously perused and fully considered all Particulars therein mentioned do fully approve of all and every of the aforesaid Article and Articles of Peace And We and every one of us do now by these Presents Consent and Agree to and with Sir John Narbrough Knight aforesaid for the Just and Exact keeping and performing all of the said Articles and do Accept Approve Ratifie and Confirm all and every of them in the same manner and form as they are inserted and repeated in the preceding Articles aforesaid Hereby firmly Engaging our Selves and Successors assuring on our Faith sacredly to maintain and strictly to observe perform and keep inviolably all and every the aforesaid Article and Articles of Peace and Agreement for ever And to cause and require all Our Subjects and People of what Degree or Quality whatsoever within the City and Kingdom of Tripoli in Barbary or Dominions thereunto belonging both by Sea and Land punctually inviolably carefully and duly to observe keep and perform all and every the aforesaid Article and Articles thereof for ever And our Faith shall be our Faith and our Word our Word and whosoever shall at any time violate and break any part of the said Article or Articles of Peace they shall assuredly be punished with greatest severity and his or their Heads shall be immediately cut off and forthwith be Presented unto any Officer whom the Most Serene King of Great Britain c. shall authorise to make demand thereof It is farther Agreed English Trading on English Ships to pay One per Cent. less Custom as others That the Subjects belonging unto the Most Serene King of Great Britain c. Trading unto the Port of the City and Kingdom of Tripoli in Barbary aforesaid or unto any Port or Place of the Dominions thereunto belonging in any Merchants Ship or other Vessel belonging unto the said Serene Kings Subjects shall not pay so much Custom by One per Cent. for whatsoever Goods or Merchandises they sell or buy as other Nations do for the Custom of the like Goods or Merchandise notwithstanding whatsoever is specified in the second Article aforesaid to the contrary And that the Most Serene King of Great Britain's Consul Residing in Tripoli aforesaid The Consul to have leave to put the Kings Flagg on the Top of his House and in his Boat shall have liberty at all times when he pleaseth to put up his said Serene Majesties Flagg on the Flagg-staff on the Top of his House and there to continue it spread as long time as he pleaseth Likewise the said Consul to have the same liberty of putting up and spreading the said Flagg in his Boat when he passeth on the Water and no Man whatsoever to oppose molest disturb or injure him therein either by Word or Deed. These and all other preceding Articles are to remain firm for ever without any Alteration Particulars not mentioned here to be according to the Capitulations with the Grand Signior and in all other Particulars not mentioned in any of these Articles the Regulation shall be according to the Capitulations General with the Grand Seignior Confirmed likewise and Sealed in the Presence of Almighty God at Our Castle in the Noble City and Kingdom of Tripoli in Barbary the First day of May Old Stile and the Year of our Lord Jesus Christ One thousand six hundred and seventy six being the Six and twentieth day of the Moon Zaphire and the Year of
to continue in force for Nine months and the Consideration of a new one to be referred to Commissioners be continued for Nine months after the Publication of this present Treaty unless it shall be otherwise Agreed on by a subsequent Treaty and that in the mean time the Consideration of a new one be referred to the same Commissioners to whom the Trade in the East-Indies is referred in the subsequent Article But if such Commissioners within Three months after their first meeting shall not agree upon a new Marine Treaty In case the Commissioners shall not Agree within three months it shall be left to the Arbitration of Spain then that Matter shall also be referred to the Arbitration of the Most Serene Queen Regent of Spain in the same manner as the Regulation of the East-India Trade is referred to her Majesty in the said Article next following IX In respect that upon the mutual free Concerning a Regulation of Commerce in the East-Indies and undisturbed enjoyment of Trade and Navigation not onely the Wealth but the Peace likewise of both Nations is most highly concerned there ought nothing to be so much the care of both Parties as a just Regulation of Trade and particularly in the East-Indies and yet in respect that the weightiness of the Matter requireth much time to make firm and durable Articles to the Content and Security of the Subject on both Sides and on the other side the bleeding Condition of most part of Europe as well as of the two Parties concerned earnestly demand a speedy Conclusion of this Treaty the King of Great Britain is pleased to condescend to the Desires of the States General to have the Consideration of the same referred to an equal number of Commissioners to be nominated by each Party the said States General Engaging themselves to send those of their nomination to Treat at London with those to be nominated by his Majesty Commissioners to be sent to London to Treat about the same and this within the space of Three months after the Publication of this Treaty The number to be nominated by each to consist of six Persons And in case that after Three months from the time of their first Assembling they shall not have the good success to conclude a Treaty the Points in difference betwixt them shall be referred to the Arbitrement of the Most Serene Queen Regent of Spain who shall nominate eleven Commissioners and whatsoever the major part of them shall determine as to the remaining Differences shall oblige both Parties Provided still that they deliver their Judgment within the space of Six months from the day of their Assembling which shall likewise be within the space of Three months after the said Most Serene Queen Regent of Spain hath accepted of the being Umpire X. That whereas the Most Serene Queen Regent of Spain hath given Assurance to his Majesty of Great Britain 800000 Patacoons to be paid to his Majesty That the said States General should upon the making of the Peace pay unto his said Majesty the King of Great Britain the Sum of 800000 Patacoons The said States General do Promise and Covenant to pay the said 800000 Patacoons in this following manner viz. A fourth part as soon as the Ratification of this Treaty shall be mutually Exhibited and the rest the three ensuing Years by equal Portions XI The aforesaid Most Serene King of Great Britain and the said High and Mighty States General of the Vnited Provinces shall observe sincerely and bona fide all and singular the Matters Agreed and Concluded in this present Treaty and cause the same to be observed by their Subjects and Inhabitants nor shall they directly or indirectly violate any of them or suffer them to be violated by their Subjects or Inhabitants About the Ratification And they shall Ratifie and Confirm all and every thing as before Agreed by Letters Patents Subscribed with their Hands and Sealed with their Great Seals conceived and written in sufficient valid and effectual Form and shall deliver or cause the same to be delivered reciprocally within Four weeks after the Date of these Presents or sooner if it may be bona fide really and with effect XII Lastly And Publication Assoon as the said Ratifications shall have been duly and mutually Exhibited and Exchanged the Peace shall be Proclaimed at the Hague within Four and twenty hours after the Delivery and Exchange there made of the said Ratifications Done at Westminster the 9 19 day of February 1673 4. A Treaty Marine between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands to be observed throughout all and every the Countries and Parts of the World by Sea and Land Concluded at London the First day of December 1674. S.V. Article I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince English to Trade freely to all Places in Amity or Neutrality with the States the King of Great Britain aforesaid with all freedom and safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with his said Majesty So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the High and Mighty States General of the Vnited Netherlands or to their Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Lords the States General and any Princes or People whatsoever in Peace Amity or Neutrality with his said Majesty And likewise that it shall and may be lawful for all and every the Subjects of the said High and Mighty Lords the States General of the Vnited Netherlands Dutch to Trade freely to all Places in Amity or Neutrality with England with all freedom and safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with the aforesaid Lords the States So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces not by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Serene and Mighty King above mentioned or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between his said Majesty and any Princes or People whatsoever in Peace Amity or Neutrality with the said Lords the States II. Nor shall this freedom of Navigation and Commerce be infringed by
divers Mahometan Merchants Sciots and other Merchants in Peace and Amity with this Imperial Port and other Merchant-Strangers do deny and refuse to pay the Right of Consulage wherefore it is Commanded That all the Merchandise which shall be Laden upon their Ships and have paid Custom be they Goods of whomsoever according to ancient Imperial Capitulations they shall pay the Right of Consulage to the Ambassador or Consul of England without any contradiction XLIII That English Merchants which Trade at Aleppo Silk to pay the Custom as Venetians and French and those under their Banner of all the Silk which they shall buy and Lade upon their Ships shall pay the Custom and other Duties as the French and Venetian Merchants do pay and not one Asper or Farthing more XLIV As the Ambassadors of the King of England which shall be Resident in this Imperial Court are the Representatives and Commissioners of the Person of his Majesty so the Interpreters are to be esteemed the Commissioners of the Ambassador therefore for such matter as the Interpreters shall Translate or Speak in the Name Interpreters to have Licence to speak the sence of the Ambassador or Consul or by the Order of the Ambassador it being found that that which they have Translated be according to the Will and Order of the Ambassador or Consul they shall be always free from any Imputation or Punishment And in case they shall commit any Offence our Ministers shall not put any of the said Interpreters in Prison nor beat them without knowledge of the Ambassador or Consul Druggermen dying c. In case any of the English Interpreters shall die if he be an Englishman all his Goods or Faculites shall be possessed by the Ambassador or Consul of England but if he shall be a Subject of our Dominion they shall be consigned to his next Heir and having no Heir they shall be taken into our Exchequer And as in this Particular so also in all other the above-mentioned Articles and Priviledges granted by our Forefathers of happy memory it is expresly Commanded and Ordained That all our Slaves shall ever obey and observe this Imperial Capitulation and that the Peace and Amity shall be respected and maintained without any violation whatsoever XLV Since which time of our Forefathers of famous memory No Command valid against the Capitulations and the grant of these above-mentioned Capitulations Articles and Establishment of Peace and Amity the said King of England having in the time of our Grandfather of happy memory Sultan Mahomet Han sent one his well desired Ambassador a Person of Quality to this high Port to Confirm this Peace Articles and Capitulations which Ambassador did declare That oftentimes there were to divers Persons Imperial Commands granted surreptitiously procured contrary to the Tenor and Articles of the Imperial Capitulations which being without our knowledge presented to our Judges and Governors and the Dates of such Commands being more fresh than those of our Imperial Capitulations the Judges and Ministers do put in Execution the private Commands prejudicial and contrary to these Imperial To the end therefore that for the time to come such Commands shall not be accepted of any but that the Imperial Capitulations might be always observed and maintained according to the sincere meaning the said Ambassador demonstrating the sincerity of his Majesty and his Request herein to our Imperial knowledge which was most acceptable In conformity thereunto it was expresly ordered That all such Commands which already have been or shall hereafter be granted which are or shall be repugnant to the Tenor of this Imperial Capitulation whatsoever such Commands shall be when Presented before our Caddees or other Ministers should never be excepted or put into Execution but that always the Tenor of the Imperial Capitulations shall be observed Such Commands to be taken away And whosoever shall Present such Command contrary to the Capitulations they shall be taken from him and in no wise be of any force or validity In which time also on the Part of our said Grandfather all the above-written Priviledges Articles and Capitulations were Accepted and Ratified and the Peace Amity and good Correspondence anciently Contracted was anew of him Confirmed and Established XLVI In the time of the Inauguration of Sultan Osman Han in the Imperial and high Throne the King of England did again send a famous and Noble Gentleman his Ambassador with Letters and Presents which were most acceptable And the said Ambassador desiring in the Name of his King and Lord that the ancient Capitulation Articles and Contracts granted in the days of our Forefathers should be of him renewed and confirmed and the ancient Peace and Amity anew fortified and established which his Request was to the said Sultan Osman most acceptable And the ancient Capitulations Articles Priviledges herein written and confirmed and the long since contracted Peace and Amity by him promised and accepted XLVII After whom in like manner in the days of Sultan Osman Han the King of England having again sent unto this high Port his Ambassador the Excellent and Honourable Sir Thomas Roe Knight with his Letters and Presents which were most acceptable and proffering in the Name of the King his Lord all good Terms of Friendship and good Correspondence And desiring that the ancient Capitulations and all the Articles from his Ancestors and from himself formerly granted to the English Nation might be anew confirmed and the Peace and League long since between both Parties contracted and ratified and that some other Articles very necessary might be added to the Imperial Capitulations and divers others already granted might be renewed amended and in a better Form explained which his Request and Demand was very acceptable unto him and in conformity thereunto the ancient Imperial Capitulations and all the Articles and other Priviledges in them often confirmed and the Peace Amity and good Correspondence contracted in the times of his Ancestors Grandfather and Father and himself confirmed were again by Sultan Osman then ratified established promised and accepted whereupon by him there was express Command given that for the time to come the Tenor of his renewed Capitulations should be of every one observed and that all men should be careful and respectful to the said Peace and Friendship established and contracted on both Parts and that no man should presume to violate or to do any Act contrary thereunto which Ambassador did often declare that the Caddees and other of our Ministers in many Places and Provinces contrary to the Imperial Capitulations and Will of the Imperial Majesty have imposed and laid divers Taxes Burdens and Moneys upon the said English Nation and those under their Banner for which cause as it is above declared it being found necessary to make additions of some new Articles in the said Imperial Capitulation of which the said Ambassador made declaration in Writing and presented the same to the Imperial Presence The said Sultan Osman
Friendship The English at all times to have liberty to go away with their Estates 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 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 XIX That no Subject of his said Majesty English Passenger on Board a Ship in Enmity with Algiers not to be molested and so neither an Algerine on Board a Ship in Enmity with England 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 XX. That at all times when any Ship of War of the King of Great Britains English Admiral to be Saluted first 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 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 All Injuries to be forgotten and Satisfaction to be made for Damages committed afterwards Dey Aga and Gover nors 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 XXII That in case it shall happen hereafter that any thing is done or committed contrary to this Treaty This Peace not to be broken in case of any Contravenâ—â—on but Satisfaction to be first demanded 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 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 our 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. WHereas on the Tenth day of April 1682. there was a Treaty of Peace Concluded 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 Governors of the City and Kingdom of Argiers to which Treaty there was annexed a Form of Passes for the Ships belonging to the Subjects of the said King of Great Britain It is hereby Agreed and expresly Declared That the said Form annexed to the said Treaty being no part thereof the Lords High Admirals or Commissioners of the Admiralty of his said Majesties Dominions are at full liberty in giving the said Passes to use the Form of Words hereunto annexed which shall be good and sufficient to all intents and purposes Confirmed and Sealed in the Presence of Almighty God the Fifth day of March in the Year of our Lord Jesus Christ One thousand six hundred eighty and two being in the Year of the Hegira One thousand ninety four and the Seventeenth day of the Moon Moolout L. S. L. S. L. S. Form of the Pass Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises without any Let Hindrance Seizure or Molestation the said Ship appearing unto Me or Us by good Testimony to belong to the Subjects of Our Sovereign Lord the King and to no Foreigners Given under My Hand or Our Hands and the Seal of My or Our Office of Admiral at _____ the _____ day of _____ in the Year of our Lord One thousand six hundred eighty _____ To all Persons whom these may concern By Command of _____ Note THat the late Commission of the Admiralty of England having been determined and the Administration of the Affairs thereof and particularly that of Signing Passes taken into his Majesties own Royal Hand the Form of the forementioned Pass has received the following Alterations Viz. JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Persons whom These may concern Greeting Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises Locus Sigilli without any Let Hindrance Seizure or Molestation The said Ship appearing unto Us by good Testimony to belong to Our Subjects and to no Foreigner Given under Our Sign Manual and the Seal of Our Admiralty at Our Court at _____ _____ this _____ day of _____ In the Year of our Lord One thousand six hundred Eighty JAMES R. By His Majesties Command S. Pepys FINIS
Great Britain and the said States General of the United Provinces by Letters Patents on both Sides Sealed with the Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it can be done and that within the said time the Ratifications on both Sides shall be Exchanged at Breda and that presently after the Delivery and Exchange of the same this Treaty and Alliance shall be published in such Form and Place as is usual Done at Breda the 21 31 day of July 1667. THE SEPARATE ARTICLE IF it happen that any Tapistry Hangings Carpets Pictures or Houshold-Furniture of what kind soever or Precious Stones Jewels Rich Curiosities or other Moveable Goods whatsoever belonging to the King of Great Britain either now are or hereafter shall be found to be in the hands or power of the said States General or of any of their Subjects the said States General do promise that they will in no wise protect the Possessors of any Moveables appertaining unto the said King which Goods may be taken from them in such manner that they who shall make difficulty to restore them freely may not be dealt withall by any means contrary to Equity and Justice And the said States do promise to use their most effectual Endeavours that a plain and summary way of Proceeding may be taken in this Affair without the ordinary Form and Method of Process usually observed in Courts and that Justice be administred whereby His said Majesty may be satisfied as far as possibly may be without the wrong of any one Also That if any of those who are guilty of that horrible Treason and Parricide committed upon King CHARLES the First of most blessed Memory and lawfully Attainted Condemned or Convicted of the same either now are in the Dominions of the said States General or shall hereafter come thither as soon as ever it shall be known or signified to the said States General or any of their Officers they shall be apprehended put into Custody and sent Prisoners into England or delivered into the hands of those whom the said King of Great Britain shall appoint to take charge of them and bring them home Done at Breda the 21 31 day of July 1667. His Majesties Declaration concerning the Restoring of all Places Forts c. which his Subjects shall have taken or recovered from the Dutch after the 10 20 day of May last past CHARLES the II. by the Grace of God King of Great Britain France and Ireland Defender of the Faith c. We do hereby make known and testifie unto all and every person and persons whom it doth or may any way concern That whereas in the Treaty of Peace Concluded at Breda the 21 31 day of July 1667. between Us and the High and Mighty Lords States General of the United Netherlands it is Agreed in the third Article That each Party is to hold and possess for the time to come with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies as during this War or in any former Times before this War they have by force of Arms or any way whatsoever gotten or detained from the other Party after the very same manner as they had seized and did possess them on the 10 20 day of May last past not excepting any of the said Places And whereas furthermore for the avoiding of all matter of Strife and Contention which useth sometimes to arise by reason of Restitutions it is also Agreed in the sixth Article That if either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies and other Places after the said 10 20 day of May last past all and every of the Premisses without any distinction of Time and Place are forthwith to be restored in the very same Condition wherein they shall be found to be at the time whensoever certain notice shall come to those Places that the Peace is renewed We do hereby Require and Command all Our Governors Officers Commanders and Souldiers both by Sea and Land of what Quality and Condition soever they be as well within Europe as without that they do not onely forbear and totally abstain from all Hostility according to the Tenor of the foresaid Treaty but also if at any time it shall happen or come to pass that any Lands Islands Cities Forts Colonies and other Places wheresoever situated shall be taken from the United Netherlanders or recovered from them and brought under Our Power after the expiration of the said 10 20 day of May That they restore them all without any delay or excuse unto those Persons who shall exhibit these Letters Patents in such Condition as they shall be found in at the Time when the renewing of the Peace shall be notified there without any Diminution Detraction Waste or Embezilment whatsoever upon pain of Our highest Displeasure Given at Westminster the Nine and twentieth day of July Old stile and Eighth day of August New stile in the Year of our Lord 1667. and of Our Reign the Nineteenth Articles of Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. WHereas by those Articles of Peace Preface Vnion and Alliance which are this Day Concluded between His Majesty the King of Great Britain and the States General of the United Provinces it is specially and carefully provided That all the dismal and calamitous effects of War may forthwith cease and that the Peace so much desired by all may be restored in all Kingdoms and Dominions of both Parties and unto all their Subjects and Inhabitants And the measure of Time and Affairs hath not permitted them to weigh in an equal Balance and thereby exactly to Adjust all and every thing and things which were to be observed and considered about the foresaid Articles especially about those which belong to the Rules of free Navigation and Trade and that it may be feared the Inhabitants and Subjects of both Parties may fall back again into new Quarrels and Dissentions and the Differences now Composed may bleed afresh if they be not bound up by some certain Laws about those things which concern Navigation and the 〈◊〉 Trade Therefore by the Mediation and Endeavâ—◠〈◊〉 the Swedish Ambassadors the forementioned 〈…〉 have further Agreed unto these Separate Art 〈…〉 I. THat all such Proclamations and Acts of State which either Party hath published All Acts c. contrary to the liberty of Trade abrogated by reason of this War to the prejudice of the other Party against the liberty of Navigation and Trade be abrogated on both Sides II. That for the Elucidation of that Act which the King of Great Britain caused to be published in the Year 1660. What Goods
therein contained and concluded shall be Confirmed and Ratified by the said King of Great Britain and the said States General of the United Provinces by Letters Patents of both Parties Sealed with their Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it may be and mutual Instruments shall be Exchanged at Breda within the foresaid time and the same shall be Published after the Delivery and Exchange thereof in the usual Form and Place Done at Breda the 21 31 day of July 1667. A Form of the Passports and Certificates that ought to be given in the Admiralty of France to the Ships and Barques that go out thence according to the Article of the present Treaty CAEsar Duke of Vendome Peer and Great Master Chief and Superintendant General of the Navigation and Commerce of France To all who shall see these Presents Greeting We do make known That we have granted leave and permission to _____ Master and Conductor of a Ship called _____ of the City of _____ of the Burthen of _____ Tuns or thereabouts being at present in the Port and Haven of _____ to go to _____ Laden with _____ after Search shall have been made of his Ship and he before his Departure shall make Oath before the Officers that Exercise the Jurisdiction of Maritime Causes That the said Vessel doth belong to one or more of his Majesties Subjects an Act whereof shall be put at the bottom of the Presents as also to keep and cause to be kept by those Aboard him the Orders and Rules of the Marine and shall put into the Registry the Roll Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall make appear to the Officers and Marine Judges concerning the present Licence and shall make them faithful relation of what hath been done and hath passed during his Voyage and shall carry the Flags Arms and Colours both the Kings and Ours throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed Caesar of Vendome And underneath By my Lord Matharel and Sealed with the Seal of the Arms of the said Lord Admiral A Form of the Act containing the Oath WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Made at _____ the day of _____ One thousand six hundred c. Another Form of the Certificates that ought to be given by the Cities and Sea-Ports of the Vnited Provinces to the Ships and Barques that go from thence according to the Article abovesaid TO the Most Serene Most Illustrious Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings commonwealths Princes Dukes Comties Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all good Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomasters and Governors of the City of _____ do make known That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the United Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you all in general and particular that where the abovesaid Master shall arrive with his Ship and Goods it may please them to receive him courteously and use him in due manner suffering him upon the usual Rights of Tolls and other Charges in through and nigh your Ports Rivers and Territories permitting him to Sail Pass Frequent and Trade there where he shall think fit Which we shall willingly acknowledge In witness whereof We have caused the Seal of Our City to be thereunto put Articles touching Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded at the Hague the 7 17 Febr. 1667 8. WHEREAS Preface by the Blessing of Almighty God for the mutual Safety of the two Parties as well as the common Good of Christendom a Perpetual Defensive Treaty was Concluded and Signed on the 23. day of January last past between the Most Serene and Most Potent Prince Charles the Second and the High and Mighty Lords the States General of the United Netherlands with Stipulation of considerable Succours to be mutually given by the Parties as well by Sea as Land And whereas the said King and States did on the same Day and by another Instrument readily Enter into a Solemn Treaty and Agreement for Composing the Affairs of their Neighbours and restoring Peace to Christendom so as nothing seems now remaining that can at any time hereafter interrupt a Friendship and Alliance renewed with so equal Desires unless such Controversies as may otherwise hereafter happen to arise about determining the different sorts and natures of Merchandise which being left dubious and uncertain would give occasion to the further growth of such Differences And therefore that it may appear with what Sincerity and good Faith the said King and the said States desire to Preserve and Entertain not onely for the Present but to all Posterity the Amity they lately Contracted between them they have at last for the taking away all Grounds not onely of Differences and Misunderstandings but even of Questions and Disputes and so utterly to cut off the Hope and Expectation of those whoever they are that may think it their Interest by new Controversies to endeavour the disturbance or interruption of the said Peace mutually Agreed on these following Articles which are to be on both Sides and for ever observed as the Measure and Rule of such Maritime Affairs and mutual Settlement of Trade or at lest so long till by the joynt Consent of both Parties Commissioners be appointed and do meet in order to the framing a more full and ample Treaty concerning this Matter and the Laws and Rules of Commerce and Navigation as by farther Experience shall be found most advantageous to the common Good of both Parties I. ALL the Subjects and Inhabitants of Great Britain may with all safety and freedom English to Trade freely with any Country in Peace or Neutrality with them Sail and Traffick in all the Kingdoms Countries and Estates which are or shall be in Peace Amity or Neutrality with Great Britain without being
Exaction at Goletta to be reduced as heretofore shall be reduced to the ancient Customs in those Cases III. That there shall be no Seizure of any Ships of either Party at Sea or in Port Ships to pass quietly but that they shall quietly pass without any molestation or interruption they displaying their Colours And for prevention of all Inconveniences that may happen the Ships of Tunis are to have a Certificate under the Hand of the English Consul there that they belong to the Place which being produced the English Ship shall admit two Men to come on Board them peaceably Passengers and Goods of other Nations on Board English Ships to be free to satisfie themselves that they are English and although they have Passengers of other Nations on Board they shall be Free both them and their Goods IV. That if any English Ship shall receive on Board them any Goods or Passengers belonging to the Kingdom of Tunis English Ships to defend Goods or Passengers belonging to Tunis on Board them they shall be bound to defend them and their Goods so far as lieth in their power and not deliver them unto the Enemy V. That if any of the Ships of either Party shall by accident of foul Weather Goods of Ships cast away and Persons to be free and saved or otherwise be cast away upon the Coast belonging to either Party the Persons shall be free and the Goods saved and delivered to the Proprietors thereof VI. That the English that do at present English Inhabiting at Tunis may have liberty to leave the Place or shall at any time hereafter Inhabit in the City or Kingdom of Tunis shall have free liberty when they please to Transport themselves with their Families and Children although born in the Country VII That the People belonging to the Dominions of either Party shall not be abused with ill Language Those that abuse the Subjects of either Party to be punished or otherwise ill treated but that the Parties so offending shall be punished severely according to their desert VIII That the Consul English not obliged to Address to any for Justice but the Dey or any other of the English Nation Residing in Tunis shall not be forced to make his Addresses in any Difference unto the Court of Justice but unto the Dey himself from whom only they shall receive Judgment IX That the Consul No English obliged to pay the Debts of another or any other of the English Nation shall not be liable to pay the Debts of any particular persons of the Nation unless obliged thereunto under his Hand X. That all the Ships of War belonging unto the Dominions of either Party Freedom of Ports for Repairing c. shall have free liberty to use each others Ports for Washing Cleansing and Repairing any their Defects And to buy Victuals and Necessaries without paying Custom and to buy and to Ship off any sort of Victuals alive or dead or any other Necessaries at the Price the Natives buy it in the Market without paying Custom to any Officer XI That in case any Ships of War belonging to the Dominions of Tunis English taken on Board Foreign Ships if Passengers to be free if Mariners to be Slaves shall take in any of their Enemies Ships any Englishman Serving for Wages they are to be made Slaves but if Merchants or Passengers they are to enjoy their Liberty and Goods free and entire XII That if any Ship of War belonging to the Kingdom of Tunis English Ship not wearing English Colours if taken to be Prize Fighting under his own Colours with any Ship not wearing English Colours and shall surprize under the same the said English Ship shall be Prize notwithstanding the Peace XIII That in case any Slave in the Kingdom of Tunis A Slave getting on Board any English Ship the Consul not liable to pay his Ransom unless upon notice given of any Nation whatsoever shall make his escape and get on Board any Ship belonging to the Dominions of his Sacred Majesty the King of Great Britain c. the Consul shall not be liable to pay his Ransom unless timely notice be given him to order that none such be Entertained and then if it appear that any Slave hath so got away the said Consul is to pay to his Patron the Price for which he was sold in the Market and if no Price be set then to pay Three hundred Dollars and no more These Articles aforementioned are to remain firm for ever This Treaty to be perpetual and in Particulars not mentioned here the Capitulations with the Grand Signor to be observed without any Alteration and in all other Particulars not mentioned in these Articles the Regulation shall be according to the Capitulations General with the Grand Signior Signed and Sealed in the presence of the Great God L. S. L. S. L. S. L. S. WHereas there were Articles of Peace between his Sacred Majesty the King of Great Britain c. and the Most Excellent Signiors Mahomet Bassa the Duana of the Noble City of Tunis Hagge Mustapha Dey Morat Bey and the rest of the Souldiers in the Kingdom of Tunis Made and Concluded by the said Most Excellent Signiors on the one Part and by Sir John Lawson Knight on the other Part the Fifth day of October 1662. WE the Most Excellent Signiors The Treaty in 1662 Renewed present Governors of the Noble City and Kingdom of Tunis Mustapha Bassa Hagge Mami Dei the Duana Morat Bei Mahomet Hosse Bei and the rest of the Souldiers in the Kingdom of Tunis have Seen Perused and Approved the said Articles and do now by these Presents Accept Approve Ratifie and Confirm all and every the afore-mentioned Articles of Peace in the same Manner and Form as they are Inserted and Repeated in the said Articles the which are hereunto adjoyning hereby firmly promising on Our Faiths Sacredly to maintain the said Peace and Agreement Our Selves and do cause all Our People of what Degree or Quality soever punctually and inviolably to observe and keep all and every the Articles thereof for ever And if any of Our said People shall at any time violate and break any part of the said Articles they shall be punished with greatest Severity at their Return into the Dominions of Tunis Confirmed and Sealed in the Presence of Almighty God in Our House in the Noble City of Tunis the last Day of the Moon Delcadi and the Year of Hegira 1085 being the Fourth Day of February Old Stile and the Year of the Lord Jesus Christ 1674 5. L. S. Divan L. S. Hosse Bey L. S. Morat Bey L. S. Bashaw L. S. Dey L. S. Hamitt Bey 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
Men of War coming to Tripoli all Slaves to be secured and if they escape then not to be required back again nor any English obliged to pay for them upon notice thereof given to the English Consul or by the Commander of the said Ships to the chief Governors of Tripoli 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 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 Estates of English dying there not to be seised 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 No one Englishman obliged to pay the Debts of another nor any other Subject of the said King of Great Britain shall be bound to pay the Debts of any other of his Majesties Subjects except that they become Surety for the same by a publick Act. XIV That the Subjects of his said Majesty in Tripoli or its Territories Differences of the English where to be Determined 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 XV. That in case any Subject of his Majesty English how to be punished for hurting a Turk or Moor. 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 severity then a Turk ought to be being guilty of the same Offence The Consul not answerable 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 XVI That the English Consul now English Consul to have all liberty 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 chuse 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 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 The English to have free liberty to depart with their Estates as well in Peace as in case of a Breach 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 Tripoli 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 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 although born in the Country without any interruption or hindrance XVIII That no Subject of his said Majesty English Passenger from Port to Port found on Board an Enemies Vessel not to be molested 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 happened between the Most Serene King of Great Britain c. and the Most Illustrious Lords Halil Bashaw Ibraim Dey Aga Divan and Governors of the Noble City and Kingdom of Tripoli in Barbary by reason of the Injuries done unto the King of Great Britain and his Subjects by the Government and People of Tripoli We Halil Bashaw Ibraim Dey Aga Renewal of the Peace Divan and Governors 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 Us of Tripoli was committed 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 Articles We are sorry for the same and do by these Engage to set at liberty and deliver unto the Right Honorable Sir John Narbrough Knight All English Captives to be released Admiral of his Majesties Fleet in the Mediterranean Seas all English Captives residing in the City and Kingdom of Tripoli and Dominions thereunto belonging without paying any Ransom for them And likewise by setting at liberty and delivering unto the said Sir John Narbrough Knight all other persons taken under English Colours 8000 Dollars to be paid to Sir John Narbrough without paying any Ransom for them and by paying Eighty thousand Dollars in Moneys Goods and Slaves to the aforesaid Sir John Narbrough 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 Britain and his Subjects If upon demand and denial of satisfaction to the King for Injuries a War happen the King is to be paid the Charge of the War if upon demand of satisfaction from the Government and People of Tripoli We or they do 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 No English to be forced to turn Turk 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 voluntarily appear before the Dey or Governor 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. English Man of War carrying a Flagg at the Main Top-mast Head to be Saluted first by the Castle carrying his said Majesties Flag at the Main-Top-Mast Head appear before the said City of Tripoli and come to Anchor in the Road that immediately after
the Hegira One thousand eighty seven 1087. L. S. Bashaw L. S. Dey L. S. Divan L. S. Admiral Articles of Peace between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded at Westminster the 9 19 day of February 1673 4. I. IT is Concluded and Agreed A firm Peace That from this Day there shall be a firm and inviolable Peace Union and Friendship betwixt his Majesty the King of Great Britain and the High and Mighty Lords the States General of the Vnited Provinces and betwixt all their Subjects whether within Europe or without in all Regions and Places whatsoever II. That this good Union betwixt the abovesaid King and the said States General may the sooner take its effect it is by them Agreed and Concluded All Hostilities and Letters of Mart to cease upon the Publication of this Treaty That immediately upon the Publication of this Treaty of Peace all Actions of Hostility shall on both Sides be immediately forbid and no Commission Instruction or Order privately or publickly directly or indirectly be on either Side given or countenanced for the Infesting Attaquing Fighting or Spoiling of each other their Dominions or Subjects but on the contrary all peaceable and amicable Comportments enjoyned to the Subjects of both Nations III. But in respect the Distances of Places are so different that the Orders and Commands of the respective Sovereigns cannot at the same time reach all their Subjects it hath been thought fit to appoint these following Limits for the committing any Acts of Hostility or Force upon each other When Hostilities shall cease in the several Parts of the World viz. That after the expiration of Twelve days next following the Publication of this Treaty no Hostility shall be acted from the Soundings to the Naz in Norway nor after the term of Six weeks betwixt the Soundings and Tangier nor after the term of Ten weeks betwixt the said Tangier and the Aequator neither in the Ocean Mediterranean or elsewhere nor after the term of Eight months in any part of the World And whatsoever Actions of Hostility and Force shall be committed after the expiration of the aforesaid terms upon colour of whatsoever former Commission Letters of Mart or the like shall be deemed as Illegal and the Actors obliged to make Reparation and Satisfaction and punished as Violators of the Publick Peace IV. That the aforesaid States General of the Vnited Provinces Article for Striking in due acknowledgment on their part of the King of Great Britain's Right to have his Flag respected in the Seas hereafter mentioned shall and do Declare and Agree That whatever Ships or Vessels belonging to the said Vnited Provinces whether Vessels of War or others or whether single or in Fleets shall meet in any of the Seas from Cape Finisterre to the Middle Point of the Land Van Staten in Norway with any Ships or Vessels belonging to his Majesty of Great Britain whether those Ships be single or in greater number if they carry his Majesty of Great Britain's Flag or Jack the aforesaid Dutch Vessels or Ships shall strike their Flag and lower their Top-sail in the same manner and with as much Respect as hath at any Time or in any Place been formerly practised towards any Ships of his Majesty of Great Britain or his Predecessors by any Ships of the States General or their Predecessors V. Whereas the Colony of Surinam Concerning Surinam and the Articles made upon the Surrender thereof 1667 betwixt William Biam then Governor thereof for his Majesty of Great Britain and Abraham Quirini Commander for the States General have in the Execution of them administred much occasion of Dispute and contributed much to the late Misunderstanding betwixt his Majesty and the said States General The Articles made by Colonel Biam to stand good to remove all Grounds of future Mistakes the said States General do by these Agree and Covenant with the said King of Great Britain That not only the fore-named Articles shall be Executed without any manner of Tergiversation or Equivocation but that likewise it shall be free for his Majesty to Depute one or more Persons thither English at Surinam to be permitted to leave the Place and bring away their Estates to see the Condition of his Subjects there and to adjust with them a Time for their Departure And that it shall be lawful for his Majesty to send one two or three Ships at one time and thereon to Embarque and carry away the said Subjects their Goods and Slaves And that the then Governor there for the States General shall not make or execute any Law whereby the buying or selling of Land paying of Debts or commutation of Goods shall be otherwise qualified to the English then it hath or shall be to all other Inhabitants of the Colony but that during their stay they shall enjoy the same Laws and Priviledges of suing for Debts and paying their Debts making Bargains and Contracts as hath been usually practised amongst the other Inhabitants And that whensoever his Majesty of Great Britain shall desire of the States General sufficient and authentique Letters to the Governor of the said Colony to suffer the said English to depart and permit the coming of the said Ships the said States General shall within the space of fifteen days after such Demand deliver unto whomsoever Deputed by his Majesty of Great Britain for that purpose full and sufficient Letters and Instructions to their Governor there for permitting the arrival of the Ships as well as the Embarquing of such of his Majesties Subjects as shall declare themselves willing to go away with their Goods and Slaves to be Transported where his Majesty shall direct VI. It is Agreed and Concluded Concerning the restitution of Places That whatever Country Island Town Haven Castle or Fortress hath been or shall be taken by either Party from the other since the beginning of the late unhappy War whether in Europe or elsewhere and before the expiration of the Times above limited for Hostility shall be restored to the former Owner in the same Condition it shall be in at the time of the publishing this Peace after which time there shall be no Plundering of the Inhabitants or demolishing of the Fortifications or carrying away the Artillery and Ammunition belonging to any Fort or Castle at the time of its having been taken VII That the Treaty of Breda made in the Year 1667 All preceding Treaties to continue in force as all other former Treaties Confirmed by the said Treaty be Renewed and remain in their full force and vigour so far forth as they contradict nothing in this present Treaty VIII That the Marine Treaty made at the Hague between the two Parties in the Year 1668 Marine Treaty of 1668
General shall complain of the unjustness of Sentences the said States will cause a Review and Examination thereof to be made in the Assembly of the States General that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and they will likewise take care that the same be fully provided for Goods not to be sold before Sentence or during the Review and that Right be done to the Party complaining within the space of Three months Nevertheless it shall not any ways be lawful to Sell or Unlade the Goods in Controversie either before the Sentence given or after it during the Review thereof on either Side unless it be with the consent of the Parties interessed XIII A Suit being Commensed between the Takers of Prizes on the one Part Sentence in case of Prizes being given for the Reclaimer shall be put in Execution notwithstanding the Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchants Ships No Master or Mariner of a Ship taken to be used cruelly or tortured and likewise the Mariners and Passengers do sometime suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an inhumane manner Tormenting them thereby to extort from them such Confessions as they would have to be made It is Agreed That both his Majesty and the Lords the States General shall by the severest Proclamations or Placaets forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a Terror to others And shall Command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively If they have been Tortured the Ship and Lading shall be free And every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceedings against her as well Judicial as otherwise XV. It is also Agreed Neither Parties Subjects to take Commissions from a third Party That the like severity of Punishments shall be inflicted upon those who contrary to the meaning of the One and twentieth Article of the Treaty of Peace Concluded at Breda shall take Commissions from Enemies to seise the Ships of either Allie or Party contrary to what is Provided in the said Article XVI Lastly To be Ratified within Two months It is Agreed and Concluded That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two months from the Date hereof rightly and reciprocally Exchanged between both Parties And Copies to be sent to all Colonies c. And also that the said Treaty shall within One month after such Exchanging of the Ratifications be delivered in due and authentique Form to the Governors of the English East-India and Africa Companies and to the Directors of the Dutch East and West-India Companies and shall with the first Conveniency be also sent by his said Majesty and by the said Lords the States to their respective Governors and Commanders in Chief of their Colonies and Plantations in every Part of the World out of Europe to the end that it may be by them and all others within their Domions and under their Power punctually observed and fulfilled The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within His Majesties Dominions to the Ships and Vessels Sailing out thence according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ Judge of the High Court of the Admiralty of _____ _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ _____ in _____ the _____ day of _____ in the Year of our Lord _____ The Form of the Passport or Sea-brief to be asked of and given by the Burgermasters of the Cities and Ports of the United Netherlands to the Ships or Vessels Sailing from thence according to the Purport of the Fifth Article TO the most Serene most Illustrious most Mighty most Noble most Honorable and most Prudent Emperors Kings Governors of Commonweâ—lths Princes Dukes Earls Barons Lords Burgermasters Schepens Counsellors Judges Officers Justices and Rulers of all Cities and Places as well Ecclesiastical as Secular to whom these Presents shall be shewn We the Burgermasters and Rulers of the City of _____ do
Ships of the English Merchants before they arrive at the Scale several Officers did go upon them and violently force out of the Ships the Goods of the Merchants taking away the choice of them without agreeing for the Price or making any Account with the Owners LVI And farthermore the said Merchants having once payed the Custom for their Goods at the Custom-house Abuses to be redressed in Customs and being desirous to Transport the same Goods into another Scale the Customers did hinder and detain them until he received another second Custom for them LVII And whereas in the Imperial Capitulations it is expressed In hearing of Law-Suits That in all the Differences and Suits with the English Nation our Magistrates are not to hear nor decide the Cause unless their Ambassador or Consul be there present Of late our Judges without the knowledge of their Ambassador have Condemned Imprisoned and taken Presents from the English Nation which is a great Wrong done to them LVIII Also whereas in the Imperial Capitulations No Customs upon Money it is ordered That the Customers shall not take any Custom for such Gold and Dollars as by the English Nation shall be brought in or carried out of our Imperial Dominions and that the Merchants are to give onely Three per cent for the Custom of their Goods and no more the Customers notwithstanding do pretend to take Custom for their Chequeens and Dollars and to take more Custom then their due for their Raw Silks Raw Silks which they buy and of the Goods which they Land at Scandaroon to carry up to Aleppo they demand Six per cent which unjust Exactions have been heretofore rectified and redressed with an express Hattersheriffe But being now again informed that the said English Merchants are as before wronged by reason that the Customers do value and estimate the Goods of the English Merchants more then they are worth and though the Customers are to have but Three per cent yet by an over valuation of the Goods they take from them Six per cent And the Servants of the Custom-house under pretence of small Duties and Expences wrongfully take great Sums of Money from them And a greater number of Waiters being put Aboard the English Ships then heretofore have been used A greater number of Guardians not to be put Aboard our Ships then usual the Charges thereof are a great Expence to the Merchants and Masters of Ships that sustain it To all which we being requested for a Redress do Command That when the Customers do set great values upon their Goods the Merchant offering to them according to the Rate of Three per cent in specie of the same Goods the Customers shall not refuse but accept the same And being desired by the English Ambassador that the above specified Abuses and Injuries should be rectified We do Command That contrary to the Imperial Capitulations the English Merchants be neither in the foregoing Particulars nor in any other manner troubled nor their Priviledges unjustly infringed The Ambassador of the King of Great Britain Sir Heneage Finch Knight Earl of Winchelsea Viscount Maidston Baron Fitzherbert of Eastwell Lord of the Royal Mannor of Wye and Lieutenant of the County of Kent and City of Canterbury whose end may it terminate with bliss did arrive with his Presents and with all sincerity and affection was accompanied with Letters amply expressing the good Friendship and Correspondence and that abovesaid Ambassador hath Presented the Capitulations that they might be renewed according to the Canon And that some Articles of great consideration which were before in the Capitulations may be more punctually observed the said Ambassador did desire that they might be again renewed and more plainly expressed in the Imperial Capitulations His Request was graciously accepted one of which Points is this LIX That the Gallies and other Vessels of the Imperial Fleet departing the Dominions of the Grand Signor and meeting on the Sea with the Ships of England they shall in no wise give them molestation nor detain them in their Voyage nor take from them any thing whatsoever but ought always to shew to one another good Friendship without doing the least Damage The Pyrates of Barbary not to Search our Ships for Strangers Goods And it being thus declared in the Imperial Capitulations Beyes and Captains who Sail upon the Seas and those of Algier Tunis and Tripoli meeting English Ships which Sail from one Port to another ought not to take from them any Money or Goods upon pretence that their Ships Transport Enemies Goods and thereupon Search them and with this colour molest and detain them from prosecution of their Voyage so that only at the Mouth of the Castles and in the Ports where the Searchers belonging to the Customs usually come Aboard their Goods shall be Examined but on the Sea they shall be liable to no farther Search or Inquisition LX. And contrary to the Articles of the Imperial Capitulations Customs being paid the Customer not to deny the Teschere the Goods of the English Nation ought to receive no molestation having once paid the Custom nor shall the Customers deny to give the Teschere or Certificate that the Custom is paid for upon complaint hereof We strictly Command that the aforesaid Customers do not defer immediately upon demand to give the Teschere or Certificate LXI And the Custom being once paid of any sort of Merchandise not sold in that Port A second Custom not to be demanded which is to be Transported to another Scale entire credit shall be given to the Teschere and a second Custom shall not be so much as farther pretended LXII In Aleppo All Goods in English Ships as well as those of the Growth and Manufacture of England not to pay above Three per cent Custom Cairo and other Parts of the Imperial Dominions the English Merchants and their Servants may freely and frankly Trade and for all their Goods and Merchandise pay only Three per Cent. according to the former Custom and the Imperial Capitulations whether the Goods be brought by Sea or by Land And though the Customers and Farmers upon the arrival of the Goods at the Scale to give molestation and trouble to the English Nation pretend that the Goods of the Growth and Manufacture of England ought only to pay Three per Cent. but Goods brought from Venice and other Places are obliged to pay more and with this colour and pretence occasion suits and troubles to the English wherefore in this Point let the Imperial Capitulations be observed as in former Times and our Officers ought in no wise to permit the contrary hereunto LXIII An Englishman becoming indebted Without Pledge or Suretiship one Englishman not to answer for another or having made himself Pledge for another who is either failed or run away the Debt ought to be demanded of the Debtor And if the Creditor have no Hoget that such an one according to the
Rule of Justice and Equity by Judges beyond all Suspicion and not any ways concerned in the Cause under Debate And his Majesty of Great Britain and the most Christian King will likewise give strict Orders that all Sentences already given and which shall be hereafter given be according to the Tenor thereof duly put in Execution and obtain their Effect XII And whensoever the Ambassadors or other Publick Ministers of the King of Great Britain Residing in the Court of the most Christian King shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea In case of Complaint against Sentences upon Prizes the French King to cause the said Sentences to be Revised in his Privy Council and belonging to the Subjects of the King of Great Britain then the said most Christian King on Demand of the said Ambassadors or Ministers of the King of Great Britain shall cause the said Sentences to be Reviewed and Examined in his Privy Council and shall Confirm or Revoke the Sentences wheresoever given And likewise the said most Christian King shall take care that Right be done to the Party complaining within the space of Four Months to be accounted from the Day of making such Demand In like manner if the Ambassadors And the King of England to appoint Commissioners to the same purpose or other Publick Ministers of the most Christian King Residing in the Court of the King of Great Britain shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea belonging to Subjects of the said most Christian King the said King of Great Britain shall forthwith Commissionate under his Great Seal Nine of his Privy Council to Adjudge such Matters and to Confirm or Revoke the Sentences wheresoever given and the said Commissioners shall meet within the space of One Month from the Day of deliveirng the Complaint And likewise the King of Great Britain shall take care that Right be done the Party complaining within the space of Three Months to be computed from the first Day of the meeting of the said Commissioners XIII A Suit being Commenced between the Takers of Prizes on the one Part Sentence against a Privateer to be put in Execution notwithstanding his Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchant Ships and likewise the Mariners and Passengers do sometimes suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an Inhumane manner tormenting them thereby to extort from them such Confessions as they would have to be made No Master or Seamen to be Tortured it is Agreed That both his Majesty of Great Britain and the most Christian King shall by the severest Proclamations or Edicts forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a terror to others and shall command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively Upon proof of Torture the Ship to be forthwith Discharged and every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceeding against her as well Judicial as otherwise XV. It is also Agreed Those that take Commissions from the Enemies of either Party against the other to be punished That the like severity of Punishments shall be inflicted upon those who shall take Commission from Enemies to Seize the Ships of either Ally or Party XVI Lastly It is Agreed and Concluded This Treaty to be Ratified in Two Months That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two Months from the Date hereof rightly and reciprocally Exchanged between both Parties Dated at St. Germains in Laye the Twenty fourth day of February in the Year of our Lord 1677. The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within the Dominions of the King of Great Britain to Ships and Vessels according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ the _____ day of _____ in the Year of our Lord _____ And the like Form of Passport mutatis mutandis shall be used by the
Subjects of the most Christian King 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 and Governors of the famous City and Kingdom of Algiers in Barbary Concluded by Arthur Herbert Esquire Admiral of of his Majesties Fleet in the Mediterranean Seas on the Tenth day of April Old Stile 1682. Artic. I. IN the first place it is Agreed and Concluded That from this day Firm Peace 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 Governors 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 with all possible Respect and Friendship II. That any of the Ships or other Vessels belonging to the said King of Great Britain Liberty of coming in or Trading to Algiers paying Ten per Cent. Custom 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 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 Contraband Goods to pay no Duties at Algiers 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 III. That all Ships and other Vessels English Ships and all Persons and Goods whatsoever on Board to pass the Seas freely as 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 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 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 Algier Ships of War or other Vessels meeting with any Merchants Ships or other Vessels of his said Majesties Subjects Manner of Visiting Ships at Sea 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 the Lord High Admiral of England and Ireland or of the Lord High Admiral of Scotland for the said Kingdoms respectively or under the Hands and Seals of the Commissioners for Executing the Office of Lord High Admiral of any of the said 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 Months next ensuing after the Conclusion of this Peace the said Commander of the Merchant 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 immediately depart and the said Merchant Ship or Vessel shall freely proceed on her Voyage But that after the said Fifteen Months 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 Governors 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 Months 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 said Fifteen Months 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 No person to be taken our of any English Ship nor Tortured 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 VI. That no Shipwrack belonging to the said King of Great Britain No Shipwracks to be Prize nor the Goods or Men to be Seized 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 Algerine Ships not to go to Sally or other Place in Enmity with the King to be used against the English nor any other Vessel of Algiers shall have permission to be delivered up or go to Sally or any 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 Cruising near or in sight of his Majesties City and Garison of Tangier Algerines not to Cruise in sight of Tangier or other Place of his Majesties or of any other his Majesties Roads Havens or Ports Towns and Places nor any ways disturb the Peace and Commerce of the same IX That if any Ship or Vessel of Tunis Tripoli English made Prize by those of Tunis c. not to be sold at Algiers or Sally or of any other Place bring any Ships Vessels Men or