or other Duties nor in any other manner then the People of the United Provinces of the Low-Countries and other Strangers the Swede only excepted Trading thither and paying lesser Customs do or shall pay And in going returning and staying as also in Fishing and Trading and all other things shall enjoy the same Liberties Immunities and Priviledges which the People of any Foreign Country in the said Kingdoms and Dominions of the King of Denmark abiding and Trading do or shall enjoy And so on the other side Danes to pay no greater Custom in England then any other Strangers the People and Subjects of the King of Denmark shall have and enjoy the same Priviledges in the Countries and Territories of the King of Great Britain to wit That the People and Subjects of the King of Denmark Sailing to any the Kingdoms Countries or Dominions of the King of Great Britain or Trading in the same shall not pay any more or greater Customs Tributes Toll or other Duties nor in any other manner then the People of the Vnited Netherlands or other Strangers Trading thither and paying lesser Customs do or shall pay And in going returning and staying as also in Fishing and Trading and all other things shall enjoy the same Liberties Immunities and Priviledges which the People of any other Foreign Country in the said Kingdoms and Dominions of the King of Great Britain Abiding and Trading do or shall enjoy But so as that the Power of each King of Making or Altering Customs or other Duties as they shall see occasion in their respective Kingdoms Countries Dominions and Ports remain full and entire Provided the foresaid equality be strictly observed on both Sides in manner aforesaid IX It is also Covenanted Leave to bring all Goods into their proper Storehouses respectively That when the Subjects of either King have Imported their Commodities into the Dominions of the other have paid the usual Customs for them and undergone their Search it shall be free and lawful for them to bring their said Commodities into their own proper Storehouses and Cellars or into Places which they shall think most fit and convenient and there Store them Nor shall any Magistrate or Officer of any the Cities or Ports of either impose upon them any Cellars or Storehouses without their consent X. The Subjects of either Crown Trading upon the Seas Neither Party obliged to come into any Port where he is nor bound nor being forced in obliged to unlade or sell any part of his Goods and Sailing by the Coasts of either Kingdom shall not be obliged to come into any Port if their Course were not directed thither but shall have liberty to pursue their Voyage without hinderance or detention whithersoever they please Nor shall they being by Tempest forced into Port and there remaining be obliged to unlade their Cargo or to barter or sell any part thereof But it shall be lawful for them to dispose of it as they shall think fit and to do any other thing which they shall judge most for their advantage Provided nothing be done that may be to the defrauding of either Prince of his due Rights and Customs XI It is also Agreed That after any Planks Masts Concerning Timber prohibited to be Laden on Board any English Ship and other sorts of Timber have been once put on Board the Ships of the Subjects or People of the King of Great Britain they shall not be liable to any further Search But all Search or Scrutiny shall be made before And if then either Oaken or other prohibited Timber be found it shall be presently stopped and detained upon the Place before it be put on Board the Ships Nor shall the People of the said King of Great Britain or his Subjects be therefore molested in their Persons or Estates by Arrest or other Detention whatsoever But only the Subjects of the King of Denmark who shall have presumed to Sell or Alienate any the like prohibited Timber shall be punished in due manner And the People and Subjects of the King of Great Britain shall have possess and enjoy all and singular the Contents and Concessions of this Article without any Molestation or Interruption so long and for all such time as the Subjects or any of the People of the Vnited Netherlands shall hold possess and enjoy or might or ought to hold possess and enjoy the same or like Priviledges by any Treaty already made or to be made or by any Contract Agreement or Permission XII It is also Concluded and Agreed That all Ships belonging to the Subjects of the King of Great Britain English Ships passing the Sound to have the Benefit of deferring the Payment of their Custom till their return and Merchants in their Passage through the Sound under the Most Serene King of Denmark and Norway c. shall enjoy after the same manner the Benefit and Priviledge of deferring the Payment of their Customs until their return as they held and enjoyed in former years last preceding the late War But so nevertheless that the said Ships and Merchants bring with them Certificates under the Seal of the Officers of the said King of Great Britain deputed thereunto testifying the said Ships to belong to Subjects of the King of Great Britain And likewise that before their Passage they give sufficient and good Security for paying the same in Place convenient to the Collectors of the Customs of the said King of Denmark at their return or if they shall not return within Three Months time at the farthest if they do not pay the same at their said first Passage XIII And furthermore it is Agreed Goods Landed at Elsineure to be Transported elsewhere to pay no Duties but what the Dutch pay That whatsoever Merchandise the Subjects of the King of Great Britain shall Land at Elsignore and there lay in their Storehouses to no other end then to put on Board again entire and Transport them to other Parts they shall be obliged to pay only the same Duties for such Merchandise and no more then is wont to be paid in this case by the Dutch Nation or any other Strangers Which shall be reciprocally observed to the Subjects of the King of Denmark after the same manner in England XIV Also it is Agreed That the Ships and Subjects of the King of Great Britain shall have their Dispatch at Elsignore as soon as they arrive there English Ships and Subjects to be dispatched at Elsineure without delay no Ships of what Nation soever having preference before them in this behalf Except the Inhabitants of certain Places who have anciently held a Priviledge to that purpose and still do XV. If any Subject of either Prince shall happen to die in the Dominions or Territories of the other Either Princes Subject dying in the others Dominions his Estate to be preserved c. it shall be lawful for him to dispose of his Estate both Money and Goods in any
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
HIS Majesty being given to understand that the late King his most Dear Brother of Blessed Memory Deceased had given Order for Reprinting several Treaties of Peace and Commerce Concluded between Him and other Princes and States which were not to be had without great difficulty by reason that few Copies remain of the former Impressions of them His Majesty is pleased to Direct That the said Treaties be forthwith Reprinted Given at the Court at Whitehall the First day of March 1684 5. SUNDERLAND SEVERAL TREATIES OF PEACE and COMMERCE Concluded between the late KING Of Blessed Memory Deceased AND OTHER PRINCES and STATES Reprinted and Published by His Majesties Especial Command LONDON Printed by the Assigns of John Bill deceas'd and by Henry Hills and Thomas Newcomb Printers to the Kings most Excellent Majesty 1685. Table of the TREATIES TReaty of Peace and Commerce with Spain 1667. Pag. 1. Treaty of Peace with France 1667. pag. 39. Treaty of Peace with Denmark 1667. pag. 49. Treaty of Peace with Holland 1667. pag. 55. Treaty of Navigation and Commerce with Holland 1667. pag. 79. Treaty of Navigation and Commerce with Holland 1667 8. pag. 93. Treaty of Friendship and Commerce with Savoy 1669. pag. 107. Treaty with Spain for settling Differences in America 1670. pag. 123. Treaty of Alliance and Commerce with Denmark 1670. pag. 131. Treaty of Peace with Tunis 1674 5. pag. 157. Treaty of Peace and Commerce with Tripoli 1676. pag. 163. Treaty of Peace with Holland 1673 4. pag. 177. Treaty Marine with Holland 1674. pag. 185. Explanatory Declaration of the Marine Treaties with Holland 167â— pag. 201. Capitulations and Articles of Peace with the Ottoman Empire 1675. pag. 203. Treaty Marine with France 1676 7. pag. 243. Treaty of Peace and Commerce with Algiers 1682. pag. 257. Articles of Peace Commerce and Alliance between the Crowns of Great Britain and Spain Concluded in a Treaty at Madrid the 13 23 of May in the Year of our Lord God 1667. I. FIrst It is Agreed and Concluded That from this day forward there shall be between the two Crowns of Great Britain and Spain a General Good Sincere True A perfect Friendship and Peace Firm and Perfect Amity Confederation and Peace which shall endure for ever and be observed inviolably as well by Land as by Sea and Fresh-waters and also between the Lands Countries Kingdoms Dominions and Territories belonging unto or under the Obedience of either of them And that their Subjects People and Inhabitants respectively of what condition degree or quality soever from henceforth reciprocally shall help assist and shew to one another all manner of Love good Offices and Friendship II. That neither of the said Kings nor their respective People Subjects or Inhabitants within their Dominions upon any pretence may in publick or secret do or procure to be done any thing against the other in any Place by Sea or Land nor in the Ports or Rivers of the one or the other but shall treat one another with all Love and Friendship Free Passage and Trade and may by Water and by Land freely and securely pass into the Confines Countries Lands Kingdoms Islands Dominions Cities Towns Villages Wall'd or without Wall Fortified or Unfortified their Havens and Ports where hitherto Trade and Commerce hath been accustomed and there Trade Buy and Sell as well of and to the Inhabitants of the respective Places as those of their own Nation or any other Nation that shall be or come there III. That the said Kings of Great Britain and Spain shall take care that their respective People and Subjects from henceforward do abstain from all Force Violence or Wrong and if any Injury shall be done by either of the said Kings or by the People or Subjects of either of them to the People or Subjects of the other against the Articles of this Alliance or against common Right there shall not therefore be given Letters of Reprisal Marque or Counter-marque by any of the Confederates until such time as Justice is sought and followed in the ordinary course of Law Letters of Marque when to be granted But if Justice be denied or delayed then the King whose People or Inhabitants have received harm shall ask it of the other by whom as is said the Justice shall have been denied or delayed or of the Commissioners that shall be by the one King or the other appointed to receive and hear such Demands to the end that all such Differences may be compounded in Friendship or according to Law But if there should be yet a delay or Justice should not be done nor Satisfaction given within six Months after having the same so demanded then may be given Letters of Reprisal Marque or Counter-marque IV. That between the King of Great Britain Free Trade and Commerce and the King of Spain and their respective People Subjects and Inhabitants as well upon Sea as upon Land and Fresh-water in all and every their Kingdoms Lands Countries Dominions Confines Territories Provinces Islands Plantations Cities Villages Towns Ports Rivers Creeks Bays Straights and Currents where hitherto Trade and Commerce hath been accustomed there shall be free Trade and Commerce in such way and manner that without safe Conduct and without general or particular Licence the People and Subjects of each other may freely as well by Land as by Sea and Fresh-water Navigate and go into their said Countries Kingdoms Dominions and all the Cities Ports Currents Bays Districts and other Places thereof and may enter into any Port with their Ships laden or empty Carriage or Carriages wherein to bring their Merchandise and there buy and sell what and how much they please and also at just and reasonable Rates provide themselves with Provisions and other necessary things for their subsistence and Voyage and also may repair their Ships and Carriages and from thence again freely depart with their Ships Carriages Goods Merchandise and Estate and return to their own Countries or to such other Place as they shall think fit without any Molestation or Impediment so that they pay the Duties and Customs which shall be due and saving to either side the Laws and Ordinances of their Country V. Item No Customs to be paid but what the Natives pay It is likewise Agreed That for the Merchandises which the Subjects of the King of Great Britain shall buy in Spain or other the Kingdoms or Dominions of the King of Spain and shall carry in their own Ships or in Ships hired or lent unto them no new Customs Toll Tenths Subsidies or other Rights or Duties whatsoever shall be taken or increased other then those which in the like case the Natives themselves and all other Strangers are obliged to pay and the Subjects aforesaid buying selling and contracting for their Merchandises as well in respect of the Prices as of all Duties to be paid shall enjoy the same Priviledges which are allowed to the natural Subjects of Spain and may buy and lade
to the Form which shall be inserted at the end of this Treaty whereby not only the Ships Lading but the Place to which she belongs and as well the Master and Owners Name as the Name of the Ship may appear by which means the quality of the Ship and her Master or Owner will be sufficiently known as also the Commodities she carries whether they be Contraband or not to the which Passports and Sea-Letters intire faith and credit shall be given so much the rather for that as well on the part of the King of England as of the King of Spain some Counter-signs shall be given if it shall be found necessary whereby their authenticalness may the better appear and that they may not be in any wise falsified XV. If any prohibited Merchandise or Goods shall be Exported from the Kingdoms Prohibited Goods Exported to be Confiscated Dominions and Territories of either of the said Kings by the respective People or Subjects of the one or the other in such case the prohibited Goods shall be onely Confiscated and not the other Goods neither shall the Delinquent incur any other Punishment except the said Delinquent shall carry out from the respective Kingdoms or Dominions of the King of Great Britain the proper Coin Wooll In case Coin Wooll or Fullers-Earth be Exported the Laws of the Country to take place or Fullers-Earth of the said Kingdoms or shall carry out of the respective Kingdoms or Dominions of the said King of Spain any Gold or Silver wrought or unwrought in either of which cases the Laws of the respective Countreys are to take place XVI That it shall be lawful for the People and Subjects of both Kings Ships to remain freely in each others Ports and depart again to have access to the respective Ports of the one and the other and there remain and depart again with the same freedom not onely with their Ships and other Vessels for Trade and Commerce but also with their other Ships fitted for War Armed and disposed to resist and engage the Enemy and arriving by stress of Weather to repair their Ships or furnish themselves with Provisions so that entring willingly they be not so numerous that they give just occasion of suspition to which end they are not to exceed the number of Eight nor continue in their Havens nor about their Ports longer time then they shall have just cause for the repair of their Ships to take in Provisions or other necessary things much less be the occasion of interrupting the free Commerce and coming in of other Ships of Nations in Amity with either King Concerning Men of War coming into Ports and when an unusual number of Men of War by accident shall come unto any Port it shall not be lawful for them to come into the said Ports or Havens not having first obtained permission of the King unto whom the said Ports do belong or the Governours of the said Ports if they be not forced thereinto by stress of Weather or other necessity to avoid the danger of the Sea and in such ease they shall presently acquaint the Governour or chief Magistrate of the Place with the cause of their coming nor shall they remain there any longer time then the said Governour or Magistrate shall think convenient or do any act of Hostility in such Ports that may prove of prejudice to the one or the other of the said Kings XVII That neither the said King of Great Britain nor the King of Spain by any Mandate general nor particular nor for any cause whatsoever shall Embarque or detain hinder or take for his respective Service No Merchants Pilots c. to be Pressed any Merchant Master of a Ship Pilot or Mariner their Ships Merchandise Clothes or other Goods belonging unto the one or the other in their Ports or Waters if it be not that either of the said Kings or the Persons to whom the Ships belong be first advertised thereof and do agree thereunto Provided that this shall not be construed to hinder or interrupt the ordinary course of Justice and Law in either Country XVIII That the Merchants and Subjects of the one and the other King their Factors and Servants Merchants Seamen c. to have liberty to carry Arms. as also their Ships Masters or Mariners may as well going as coming upon Sea and other Waters as in the Havens and Ports of the one and the other respectively carry and use all kind of Arms Defensive and Offensive without being obliged to Register them as also upon Land to carry and use them for their Defence according to the custom of the Place XIX That the Captains About Differences between Captains and Masters of Ships and their Men. Officers and Mariners of the Ships belonging to the People and Subjects of either Party may not commence an Action nor hinder or bring trouble upon their own Ships their Captains Officers or Mariners in the respective Kingdoms Dominions Lands Countries or Places of the other for their Wages or Salaries or under any other pretence Nor may they put themselves or be received by what pretext or colour soever into the Service or Protection of the King of England or King of Spain or their Arms but if any Controversie happen between Merchants and Masters of Ships or between Masters and Mariners the composing thereof shall be left to the Consul of the Nation but after such manner as he who shall not submit to the Arbitrement may appeal to the ordinary Justice of the Place where he is subject XX. And to the end that all Impediments be taken away Concerning Trading to Flanders and that the Merchants and Adventurers of the Kingdoms of Great Britain be permitted to return to Brabant Flanders and other the Provinces of the Low-Countries under the Jurisdiction of the King of Spain Forasmuch as it hath been thought convenient that all and any the Laws Edicts and Acts by which the Importation of Cloth or any Cloth or any other Woollen Manufacture of what kind soever Dyed or Undyed Mill'd or Unmill'd into Flanders or the other Provinces hath been prohibited be revoked and disanull'd and that if any Right Tribute Imposition Charge or Money hath been with permission or otherwise put upon Cloths or any of the aforesaid Woollen Manufactures so Imported except the ancient Tribute upon every piece of Cloth and proportionably upon every other Woollen Manufacture agreeable to the ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries the same should be altogether void and no such Tribute or Imposition from henceforth imposed or put upon the said Clothes or Manufactures for no cause or pretext whatsoever And that all the English Merchants Trading in any of the said Provinces their Factors Servants or Commissioners should enjoy from henceforward all the Priviledges Exemptions Immunities and Benefits which formerly have been agreed and given by the
aforesaid ancient Treaties and Agreements between the then Kings of England and the Dukes of Burgundy and Governours of the Low-Countries It is therefore Agreed That Deputies shall be named by the King of Great Britain who meeting with the Marquess of Castelrodrigo or the Governour of those Provinces for the time being or any other Ministers of the King of Spain sufficiently authorised in this behalf shall friendly Treat and Conclude hereupon and also such further Priviledges Immunities and necessary Exemption suitable to the present state of Affairs shall be granted for the encouragement of the said Merchants and Adventurers and for the security of their Trade and Commerce as shall be agreed upon in a special Treaty that shall be made between both the Kings touching this Particular XXI The Subjects and Inhabitants of the Kingdoms and Dominions of the Most Serene Kings of Great Britain and Spain respectively Freedom of Trade to Places in Amity or Neutrality with either Party shall with all security and liberty Sail to and Traffick in all the Kingdoms Estates or Countries which are or shall be in Peace Amity or Neutrality with the one or the other XXII And they shall not be disturbed or disquieted in that liberty Not to be disturbed in that liberty by the Ships or Subjects of the said Kings respectively by reason of the Hostilities which are or may be hereafter between either of the said Kings and the aforesaid Kingdoms Countries and States or any of them which shall be in Friendship or Neutrality with the other XXIII And in case that within the said Ships respectively be found by the abovesaid means any Merchandise here under mentioned Contraband Goods and no other to be Confiscated being of Contraband and Prohibited they shall be taken out and Confiscated before the Admiralty or other competent Judges but for this reason the Ship and the other free and allowed Commodities which shall be found therein shall in no wise be either Seized or Confiscated XXIV Moreover for better prevention of the Differences which might arise touching the meaning of forbidden Merchandise and of Contraband It is Declared and Agreed What are Contraband Goods That under this Name shall be comprehended all Fire-Arms as Ordnance Musquets Mortar-pieces Petards Bombs Granadoes Fire-crancels Fire-balls Musquet-rests Bandeliers Gunpowder Match Salt-petre and Bullets Likewise under the Name of forbidden Merchandise are understood all other Arms as Pikes Swords Pots Helmets Backs and Breasts Halberds Javelins and such like Armour Under this Name is likewise forbidden the Transportation of Souldiers Horses their Harnesses Cases of Pistols Holsters Belts and other Furniture formed and composed for the use of War XXV Likewise Exceptions to the above-mentioned Article to prevent all manner of Dispute and Contention It is Agreed That under the Name of forbidden Merchandise and of Contraband shall not be comprehended Wheat Rye Barley or other Grains or Pulse Salt Wine Oyl and generally whatsoever belongs to the sustaining and nourishing of life but they shall remain free as likewise all other Merchandises not comprehended in the preceding Article and the Transportation of them shall be free and permitted although it be to the Towns and Places of Enemies unless such Towns and Places be Besieged and blocked up or surrounded XXVI It is also Agreed Goods belonging to either Party found on Enemies Ships to be Confiscated That whatsoever shall be found Laden by the Subjects or Inhabitants of the Kingdoms and Dominions of either of the said Kings of England and Spain Aboard the Ships of the Enemies of the other though it be not forbidden Merchandise shall be Confiscated with all things else which shall be found within the said Ships without exception or reserve XXVII That the Consul which hereafter shall reside in any of the Dominions of the King of Spain The power of the respective Consuls for the help and protection of the Subjects of the King of Great Britain shall be named by the King of Great Britain and he so named shall have and exercise the same Power and Authority in the execution of his Charge as any other Consul hath formerly had in the Dominions of the said King of Spain and in like manner the Spanish Consul residing in England shall enjoy as much Authority as the Consuls of any other Nation have hitherto enjoyed in that Kingdom XXVIII And that the Laws of Commerce that are obtained by Peace may not remain unfruitful as would fall out if the Subjects of the King of Great Britain when they go to come from or remain in the Dominions or Lordships of the King of Spain by reason of their Commerce or other Business Merchants not to be molested for Religion should be molested for case of Conscience therefore that the Commerce be secure and without danger as well upon Land as at Sea the said King of Spain shall provide that the Subjects of the said King of Great Britain shall not be agrieved contrary to the Laws of Commerce and that none of them shall be molested or disturbed for their Conscience so long as they give no publick scandal or offence And the said King of Great Britain shall likewise provide for the same reasons that the Subjects of the King of Spain shall not be molested or disturbed for their Conscience against the Laws of Commerce so long as they give no publick scandal or offence XXIX That the People and Subjects respectively of one Kingdom Merchandises to be paid for onely in such Coin as shall be agreed upon in the Dominions Territories Regions or Colonies of the other shall not be compelled to sell their Merchandise for Brass-metal-Coin or exchange them for other Coin or things against their will or having sold them to receive the payment in other Species then what they bargained for notwithstanding any Law or other Custom contrary to this Article XXX That the Merchants of both Nations and their Factors Servants and Families Commissioners or others by them employed as also Masters of Ships Pilots and Mariners may remain freely and securely in the said Dominions Kingdoms and Territories of either of the said Kings and also in their Ports and Rivers Merchants c. freely to enjoy their Houses Ware-houses c. And the People and Subjects of the one King may have and with all freedom and security enjoy in all the Lands and Dominions whatsoever of the other their proper Houses to live in their Warehouses and Magazines for their Goods and Merchandise which they shall possess during the time for which they shall have taken hired and agreed for them without any Impediment XXXI To employ such Proctors Agents c. as they shall think fit The Inhabitants and Subjects of the said Confederate Kings in all the Lands and Places under the Obedience of the one or the other shall use and employ those Advocates Proctors Scriveners Agents and Solicitors whom they think fit the which shall be left
the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. And the Most Serene and Potent Prince Christian the Fifth by the Grace of God King of Denmark Norway c. Concluded at Copenhagen the 11th day of July 1670. I. THat there be between the two Kings their Heirs and Successors As also their Kingdoms Principalities Provinces Estates Counties Islands Cities Subjects and Vassals of what Condition Dignity and Degree soever by Land and Sea in Rivers Fresh-waters and all Places whatsoever as well in Europe as out of Europe now and for the time to come a sincere A perfect Peace and Friendship true and perfect Friendship Peace and Confederation So as that neither Party do any Wrong Injury or Prejudice to the Kingdoms Principalities Provinces and Estates or to the Inhabitants and Subjects of the other nor suffer any to be done by others as much as in him is But rather live as Friends together using each other with Good-will and Respect And promoting upon all Occasions the Interests and Advantages of each other and their Subjects as if they were their own And preventing and hindring with all their power by their Assistance and Advice any Damage Wrong and Injury that may be offered them II. Neither of the foresaid Kings and their Heirs shall consent to any thing that may be to the Prejudice or Detriment of his Allie Not to consent to any thing prejudicial to each other but if either of the Kings shall know that any thing is Proposed or is in Agitation or Contrivance or that will be Proposed Agitated or Contrived which may tend to the Detriment of the other He shall be obliged to signifie the same unto him without delay and in the mean time to hinder and prevent it by all ways possible III. The foresaid Kings for themselves Not to Assist each others Enemies if Aggressors their Heirs and Successors mutually do undertake and promise That they will not aid or furnish the Enemies of either Party that shall be Aggressors with any Provisions of War as Souldiers Arms Engines Guns Ships or other Necessaries for the use of War or suffer any to be furnished by their Subjects But if the Subjects of either Prince shall presume to act contrary hereunto then that King whose Subjects shall have so done shall be obliged to proceed against them with the highest severity as against Seditious persons and Breakers of the League IV. It is further Covenanted and Agreed To Assist Denmark if Invaded That if at any time hereafter any Prince or State shall Invade or by any Hostile way Attempt upon the Hereditary Kingdoms Provinces Counties Towns Islands Territories or Dominions of the King of Denmark which he now possesseth then the King of Great Britain shall Assist the said King of Denmark in time with such number of Land Forces and Ships of War against such Aggressor as shall suffice to repell the Force and as the State of the said Kings Affairs shall require Each Party to be comprehended in any Treaty made with others And the said King of Great Britain shall therefore with all his Power endeavour to hinder that by such Invasion or Disturbance the King of Denmark be not prejudiced in any wise in his Kingdoms Dominions or Rights And if the said King of Great Britain or the said King of Denmark shall Contract or make any League Alliance or Union with any other King Prince Commonwealth or State they shall respectively endeavour to comprehend therein each other and their Dominions as much as in them lies if they shall desire to be comprehended V. It shall be lawful for the Subjects of both Kings with their Commodities and Merchandise both by Sea and Land Freedom of Trade in time of Peace without Licence or Safe-Conduct general or special to come to the Kingdoms Provinces Mart-Towns Ports and Rivers of each other and in any Place therein to remain and Trade paying usual Customs and Duties Reserving nevertheless to either Prince his Superiority and Regal Jurisdiction in his Kingdoms Provinces Principalities and Territories respectively VI. It is notwithstanding Covenanted and Concluded English not to come to Prohibited Ports but by Licence or stress of Weather That the Subjects of the King of Great Britain shall in no wise come to the Prohibited Ports of which mention is made in precedent Treaties nor Colonies without the special Licence of the King of Denmark first desired and obtained unless they shall be compelled to make thither and enter therein by stress of Weather or pursuit of Pirates in which case neither shall it be lawful for them to buy or sell Nor the Danes to any of the Plantations As also in like manner the Subjects of the King of Denmark shall not come to the British Colonies unless by special Licence of the King of Great Britain first desired and obtained VII It shall be lawful for the Subjects of the Most Serene King of Denmark to bring into their own Stores and Warehouses in England Danes to bring in all things of their own Growth or Manufacture into England Scotland or Ireland and such as come from the Elbe Scotland and Ireland and other the Ports of the King of Great Britain in Europe such Commodities as now or hereafter shall be of the Growth and Production of the Estates Countries and Dominions subject to the King of Denmark or of the Manufacture thereof and likewise such as come from any part of the River of Elbe In like manner shall it be lawful for the Subjects of the King of Great Britain to Import and bring into Denmark The like liberty to the English in the King of Denmark's Dominions except Ports Prohibited Norway and all other Ports and Colonies not prohibited of the King of Denmark all kinds of Merchandise which now or hereafter shall be produced or made in the Kingdoms Countries and Estates under the Subjection of the King of Great Britain In case any Strangers have hereafter liberty to bring all sorts of Goods into Prohibited Ports both Parties respectively to have the same Priviledge But if at any time hereafter it be permitted to any Foreign Nations to bring all kinds of Commodities without exception into England Scotland and Ireland and other the Ports belonging to the King of Great Britain then the same also shall be lawful for the Subjects of the King of Denmark Which in like manner shall be permitted to the Subjects of the King of Great Britain upon the like occasion in the Prohibited Ports and Colonies of the King of Denmark VIII It is also Covenanted and Agreed The English to pay no greater Duries then other Strangers except the Swedes That the People and Subjects of the King of Great Britain Sailing to any the Hereditary Kingdoms Countries or Dominions of the King of Denmark or Trading in the same shall pay no more or greater Customs Tribute Toll
the King of Denmark and all other his Subjects whatsoever be straitly under the same Penalties charged and required that they do not molest or injure the said Subjects of the King of Great Britain Provided nevertheless that all the foresaid Actions be Examined and Adjudged by due and legal proceeding in the Court of Admiralty of both Kings Or if it shall rather seem meet to either of the Parties being a Stranger in the Place where the Controversie is to be Decided they shall be Examined before certain Commissioners which both Kings so soon as they shall be desired shall appoint to that end that so Proceedings by this means may be not only carried on without great Expences but also ended within Three months at farthest XXXVI Both Kings shall take care Sentence concerning Prizes to be given according to Justice That Judgment and Sentence in things taken at Sea be given according to the Rules of Justice and Equity by Persons not suspected or interested and being once given by such Judges as aforesaid they shall straitly charge and require their Officers and whom it shall concern to see the same put in due Execution according to the form and tenor thereof XXXVII If the Ambassadors of either King Upon complaint of any Sentence a Review to be made or any other Publick Ministers residing with the other King shall happen to make complaint of any such Sentence that King to whom complaint shall be made shall cause the said Judgment and Sentence to be Re-heard and Examined in his Council That it may appear whether all things requisite and necessary have been performed according to the Rules of this Treaty and with due caution If the contrary shall happen it shall be redressed which is to be done at the farthest within Three months time Neither shall it be lawful either before the giving of the first Sentence No Goods to be sold before Sentence but by consent or to prevent perishing or afterwards during the time of Re-hearing to unlade or sell and make away the Goods in Controversie unless it happen to be done by consent of Parties and to prevent the perishing of the said Goods and Merchandise XXXVIII The said Kings shall have in each others Court their Ministers and in certain Ports their Consuls Consuls to be appointed for the better and more easie communicating and proposing such things as they shall think advantageous to the publick Interest or private Concerns of any particular person XXXIX No private Injury shall in any wise letten this Treaty No private Injury to break this Treaty nor shall raise any Discord or Hatred between the foresaid Nations but every Man shall answer for his own Doings and shall be responsible therefore Nor Reprizals to be granted but upon denial or delay of Justice Nor shall one Man suffer for that which another has offended in by having recourse to Reprisals or such like rigorous Proceedings unless Justice be denied or delayed longer then is fitting In which case it shall be lawful for that King whose Subject has received the Injury to proceed according to the Rules and Prescriptions of the Law of Nations until Reparation be made to the Party injured Provided notwithstanding that he have first in due manner advertised the other King thereof XL. Also it is Agreed English to enjoy all Priviledges enjoyed by any Strangers in Denmark the Swedes only excepted That if the Hollander or any other Nation whatsoever the Swedish Nation only excepted hath already or shall hereafter obtain any better Articles Agreements Exemptions or Priviledges then what are contained in this Treaty from the King of Denmark that the same and like Priviledges shall be likewise granted to the King of Great Britain and his Subjects effectually and fully to all intents and purposes And on the other side if the Hollander or any other Nation whatsoever hath or shall obtain from his Majesty of Great Britain any better Articles Agreements Exemptions or Priviledges then what are contained in this Treaty that the same and like Priviledges shall be granted to the King of Denmark and his Subjects also in most full and effectual manner XLI It is also Concluded Former Treaties not contrary to this Confirmed That former Treaties and Leagues at any time heretofore made between the foresaid Confederates or their Predecessors Kings as well for the Kingdoms of Great Britain c. as for the Hereditary Kingdoms of Denmark and Norway c. respectively be not in the least reputed or taken to be broken and Abolished by any Agreement Covenants or Articles in the present Treaty contained But that the same remain in full force effect and virtue so far as they are not contrary or repugnant to the present Treaty or any Article therein contained XLII Finally it is Covenanted Concluded and Agreed That the foresaid Kings shall sincerely and bona fide observe all and singular the Articles contained and set down in this Treaty and shall cause them to be observed by their Subjects and People Nor shall transgress the same directly or indirectly or suffer the same to be transgressed by their Subjects or People Ratifications to be Exchanged within Three months and shall Ratifie and Confirm all and singular the Premisses as before Agreed by Letters Patents Subscribed with their Hands and Sealed with their Great Seals in good sufficient and effectual Form and shall deliver the same reciprocally within Three months after the Date of these Presents or cause them to be delivered in good faith and reality and with effect Given at Copenhagen the 12th day of July 1670. Articles of Peace 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 Faith c. and the Most Excellent Signors Mahomet Bashaw the Duan of the Noble City of Tunis Hagge Mustapha Dei Morat Bei and the rest of the Souldiers in the Kingdom of Tunis Concluded by Sir John Lawson Knight the Fifth of October 1662. Renewed and Confirmed the Fourth of February 1674 5. Artic. I. THat all former Agrievances and Losses An Amnesty and Freedom of Trade and other Pretences between both Parties shall be void and of none effect and from henceforward a firm Peace for ever free Trade and Commerce shall be and continue between the Subjects of his Sacred Majesty the King of Great Britain c. and the People of the Kingdom of Tunis and the Dominions thereunto belonging II. That the Ships on either Part shall have free liberty to enter into any Port or River belonging to the Dominions of either Party Freedom of Ports To pay no Duties but for what is vented paying Duties only for what they shall sell Transporting the rest without any trouble or molestation and freely enjoy any other Priviledges accustomed And the late Exaction that hath been upon the Lading and Unlading of Goods at Goletta and the Marine
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