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
taken which for this effect was exhibited unto me by William Bland dwelling in the City of Sivil who took it away again with him the 11. of April Anno 1645. Joseph de Pineda Notary Publick of the City of Sivil for the King 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 Most Serene and Mighty Prince Lewis XIV The Most Christian King Concluded the 21 31 day of July 1667. I. THat there be an Universal Peace and Amity restored Perpetual True and Sincere Peace and Amity between the Most Christian King and the King of Great Britain their Heirs and Successors and between the Kingdoms States and Subjects of both and that the same be so sincerely and seriously observed and kept that one shall promote the Honour and Advantage of the other And that a faithful Neighbourhood and secure observation of Peace and Friendship may flourish again on every side II. That all Enmities Hostilities Discords and Wars between the said Kings and their Subjects cease and be abolished Cessation of Hostilities so as they both do forbear and abstain hereafter 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 and Places of eithers Kingdoms and Territories of what Condition soever they be III. That all Offences All Injuries to be forgotten Injuries Damages which either of the said Kings or their Subjects have suffered from the other during this War be buried in Oblivion so that neither in regard of them nor for the cause or pretence of any other thing neither Party nor the Subjects of either shall hereafter do or cause to be done or made any Hostility Enmity Molestation or Hindrance to the other by himself or by others secretly or openly directly or indirectly by colour of Right or way of Fact IV. That the use of Navigation and Commerce be free between the Subjects of both the said Kings Freedom of Trade and Navigation as it was anciently in the time of Peace and before the Denunciation of the late War so that every one of them may freely come into the Kingdoms Provinces Marts Ports and Rivers of either Party bringing their Merchandise and Conversing and Trading there without Molestation V. That all Prisoners on either side Prisoners released of what Degree Dignity or Condition soever be forthwith set at liberty without Ransom or any other Price of their Freedom Provided they pay what is lawfully due for Diet or other Cause VI. That all Proclamations and Acts which by reason of this War either Party hath published All Acts made against the liberty of Trade Revoked to the prejudice of either against the liberty of Navigation and Trade be abrogated on both sides VII That the Most Christian King shall with all speed or at the furthest within Six months to be reckoned from the Day of Subscribing this present Agreement Restitution of St. Christophers restore unto the King of Great Britain or unto such as to that purpose shall receive his Commands duely Passed under the Great Seal of England that part of the Isle of St. Christophers which the English possessed the First of January 1665. before the Declaration of the late War and to that end the said Most Christian King shall immediately upon the Ratification of the same Agreement deliver or cause to be delivered unto the said King of Great Britain or such Ministers of his as shall be thereunto appointed all necessary Instruments and Orders duely dispatched VIII But if any of the Subjects of the said King of Great Britain shall have sold the Goods which he possessed in that Island If any person have sold his Goods there he shall repay the Money before he be restored and the Price of the Sale hath been paid unto him he shall not be restored and put into possession of those Goods by virtue of the present Agreement before he hath actually paid back the Price or the Money he hath received IX But if it happen which yet is not known hitherto that the Subjects of the said Most Christian King are beaten out of the said Island of St. Christophers by the Subjects of the above-mentioned King of Great Britain before or after the Subscription of the present Agreement Nevertheless All things in that Island to be put in the same state as they were in 1665. things shall be restored unto that state and condition wherein they were in the beginning of the Year 1665. that is before the Declaration of the War now determining and the said King of Great Britain assoon as he hath notice thereof shall without any delay deliver or cause to be delivered unto the above-mentioned Most Christian King or his Ministers thereunto appointed all Instruments and Orders duely made which are necessary for that Restitution X. Also Restitution of Acadia to the French That the said King of Great Britain do likewise restore unto the said Most Christian King or unto such as to that purpose shall receive his Command duely passed under the Great Seal of France the Country which is called Acadia lying in North America which the said Most Christian King did formerly enjoy And to that end the said King of Great Britain shall immediately upon the Ratification of this Agreement deliver or cause to be delivered unto the said Most Christian King or such Ministers of his as shall be thereunto appointed all Instruments and Orders duely dispatched which shall be necessary to the said Restitution XI But if any of the Inhabitants of that Country called Acadia Such Inhabitants as shall desire to leave the Place may shall rather desire to be hereafter under the Dominion of the King of Great Britain it shall be lawful for such to depart within the space of One year to be counted from the Day of the Restitution of that Country and to sell alienate or otherwise dispose as they please their Lands Grounds Slaves and all their Goods moveable or immoveable and such persons as shall Contract with them for the same shall be forced to make good such Contracts by the Most Christian Kings Authority But if they shall rather choose to carry away with them their Money Housholdstuff Vessels Slaves and all their Moveables it shall be free for them so to do without any hindrance or molestation whatsoever XII Also the Most Christian King shall in like manner restore unto the King of Great Britain the Islands called Antigoa and Monsarat if they be in his power and any other Islands Countreys Reciprocal Restitution of Places taken Forts and Colonies which may have been gotten by the Arms of the Most Christian King before or after the Subscription of the present Treaty and which the King of Great Britain possessed before he
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
shall not compel the Ship to go out of her Course to any Port he thinks fit but shall forthwith dismiss her and upon no account hinder her from freely prosecuting her designed Voyage VIII It is further Agreed Free Ship free Goods e contra That whatsoever shall be found Laden by his Majesties Subjects upon any Ship whatsoever belonging to the Enemies of the Lords the States although the same be not of the quality of Contraband Goods may be Confiscated But on the contrary all that which shall be found in the Ships belonging to the Subjects of his Majesty shall be accounted Clear and Free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of the Lords the States Except always Contraband Goods which being intercepted all things shall be done according to the Meaning and Direction of the precedent Articles And by the same reason whatsoever shall be Laden by the Subjects of the Lords the States in any Ship whatsoever belonging to the Enemies of his Majesty although the same be not of the quality of Contraband Goods may be Confiscated But on the other side all that which shall be found in the Ships belonging to the Subjects of the Lords the States shall be accounted Clear and Free although the whole Lading or any part thereof by just Title of Propriety shall belong to the Enemies of his Majesty Except always Contraband Goods which being Intercepted all things shall be done according to the Meaning and Direction of the precedent Articles Goods Laden before War is Declared by either of the Parties against a third State in whose Ship the said Goods are not to be forfeited And least any Damage should by Surprise be done to the one Party who is in Peace when the other Party shall happen to be Engaged in War It is Provided and Agreed That a Ship belonging to the Enemies of the one Party and Laden with Goods of the Subjects of the other Party shall not infect or render the said Goods liable to Confiscation in case they were Laden before the expiration of the Terms and Times hereafter mentioned after the Declaration or Publication of any such War viz. If the Goods were Laden in any Port or Place between the Places or Limits called the Soundings and the Naz in Norway within the space of Six weeks after such Declaration Of Two months between the said Place the Soundings and the City of Tangier and of Ten weeks in the Mediterranean Sea Or within the space of Eight months in any other Country or Place of the World So that it shall not be lawful to Confiscate the Goods of the Subjects of his Majesty taken or seised in any Ship or Vessel whatsoever of any Enemy of the Lords the States upon that Pretence but the same shall be without delay restored to the Proprietors unless they were Laden after the expiration of the said Terms of Time respectively but so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the reason aforesaid shall not be liable to Confiscation Neither on the other side shall it be lawful to Confiscate the Goods of the Subjects of the Lords the States taken or seised in any Ship or Vessel whatsoever of an Enemy of his Majesty upon that Pretence but the same shall be forthwith restored to the Proprietors thereof unless they were Laden after the expiration of the said Terms of Time respectively But so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandises which are called Contraband and for the reason aforesaid shall not be liable to Confiscation IX And the more to assure the Subjects of his Majesty and of the said States that no Injury shall be offered to them by the Ships of War or Private Men of War of either side all the Captains of the Ships as well of his Majesty as of the said States Privateers and Companies to make Restitution in case of a Contravention and all their Subjects who shall set out Private Men of War and likewise their Priviledged Companies shall be enjoyned not to do any Injury or Damage whatsoever to the other which if they do they shall be punished and moreover be liable to satisfie all Costs and Damages by Restitution and Reparation upon Pain and Obligation of Person and Goods X. For this cause all the Commanders of Private Men of War Privateers to give Security shall from henceforth be obliged before they receive their Commissions to Enter before a competent Judge good and sufficient Security by able and responsible Men who have no Part or Interest in such Ship in the Sum of Fifteen hundred pounds Sterling or Sixteen thousand five hundred Gilders and when they have above One hundred and fifty Men then in the Sum of Three thousand pounds Sterling or Three and thirty thousand Gilders that they will give full Satisfaction for any Damages or Injuries whatsoever which they or their Officers or others intheir Service shall commit in their Courses at Sea contrary to this present Treaty or any other whatsoever between his Majesty and the said States and upon pain of Revocation and Annulling their said Commissions in which it shall be always inserted that they have given such Security as abovesaid And likewise it is Agreed That the Ship it self shall be also liable to make Satisfaction for Injuries and Damages done by her XI His Majesty and the said States being desirous that the Subjects of each other may be mutually Treated in all Countries under their Obedience respectively Judgments upon Prizes to be given according to Justice with the like kindness as their own Subjects will give all necessary and effectual Orders the Judgments upon Prizes taken be given according to the Rule of Justice and Equity by Judges beyond all suspicion and not any way concerned in the Cause under Debate And his Majesty and the said States 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 of the said Lords the States Upon complaint against Sentences the same to be Reviewed within Three months or any other their Publick Ministers Resident at the Court of his Most Serene Majesty of Great Britain shall complain of the unjustness of Sentences which have been given his Majesty will cause the same to be Reviewed and Examined in his Council that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and will also take care that the same be fully provided for and that Right be done to the Party complaining within the space of Three months And likewise when the Ambassadors or other Publick Ministers of his Majesty Resident with the States
that they should of no man be molested or hindred After which Time in the Days of our Grandfather Sultan Mahomet Han of famous memory unto whose Soul be granted Divine Absolution it being anew desired That the Subjects Merchants and their Interpreters might freely and securely come Merchandise and Negotiate through all the Parts of this Imperial Dominion and that such Capitulations and other Priviledges and Imperial Commands as had been granted unto the Nation of the Kings and Princes in Peace and Amity with this high Port as France Venice Poland and others might also be granted to the Subjects of the said Queen and all others coming under the English Banner in confirmation of which Request were given and confirmed by our Ancestors of famous memory the Imperial Capitulations and Priviledges succeeding to say It is Commanded c. I. FIrst That the said Nation Our Ships may Trade in all Parts c. and the English Mercâ—ants and any other Nation or Merchants which are or shall come under the English Banner and Protection with their Ships small and great Merchandise Faculties and all other their Goods may always pass safe in our Seas and freely and in all security may come and go into any part of the Imperial Limits of our Dominions in such sort that neither any of the Nation their Goods and Faculties shall receive any hindrance or molestation from any person whatsoever II. The said Nation shall and may in like manner freely and securely come and go by Land through all the Imperial Limits of our Dominions Travel freely so that neither to their Persons Beasts Goods or Faculties shall any trouble or Impediment be given nor any Injury be done unto them but they shall always at their own pleasures safely and securely Traffick in all parts of our Dominions III. And if it happen that any of the said Nation coming into our Dominions by Land The same or passing into any other Country shall be stayed or Arrested by any of our Ministers such persons shall be set free and at liberty and afterwards shall receive no hindrance in his Journey IV. All English Ships or Vessels small or great shall and may at any time safely and securely come and Harbour in any of the Scales and Ports of our Dominions and likewise may from thence depart at their pleasure without detention or hindrance of any man V. And if it shall happen that any English Vessel Distress of Ships great or small fall into any Misfortune danger of Sea or any other Necessity all the Vessels as well Imperial as belonging to private Men that shall be near or present as also all others that inhabit the Seas shall give them help and succour and being come into our Ports or Scales they shall freely stay in them as long as they please Freedom to take Provisions and for their Money provide for them of all Necessaries and Provision and may take Water without the let or hindrance of any man VI. And if it shall happen that any of their Ships shall have suffered Shipwrack Cases of Shipwrack or been broken or in distress shall be cast upon any Coast of our Dominions in which case all Beglerbegs Caddees Governors Ministers and other our slaves shall give them all assistance succour and help and whatsoever Goods and Faculties shall be saved or recovered in the said Ships shall be restored to the English and if they shall be informed that any part of their Goods and Faculties shall be stole or taken away our said Ministers with all diligence shall make sufficient Search and Examination to find out and recover the Goods and restore them to the English VII The English Merchants Interpreters Brokers The English and their Dependants to Travel freely and all other Subjects of that Nation whether by Sea or Land may freely and safely come and go in all the Ports of our Dominions or returning into their own Country all our Beglerbegs Ministers Governors and other Officers Captains by Sea of Ships and others whomsoever our Slaves and Subjects we Command that none of them do or shall lay hands upon their Persons or Faculties or upon any pretence shall do them any hindrance or Injury VIII If any Englishman either for his own Debt One Englishman not to answer for the Debt of another unless he be his Surety by Hoget or for Suretiship shall absent himself or make escape away or shall be Bankrupt the Creditor shall only pretend his Debt upon his own Debtor and not of any other English and if the Creditor have not authentick Hoget or Bill of Suretiship made by an Englishman he shall not pretend his Debt of any other Englishman IX In all Causes Businesses and Occasions which shall occur between the said Nation their Merchants Interpreters and Brokers or Servants and any other whatsoever that is to say In selling or buying in paying or receiving in giving or taking Security In all Businesses nothing of force without Hoget or Pledge Debt or Credit and all other such things which appertain to the Ministers of the Law and Justice they may always if they please in such Occasions go to the Caddee who is the Judge of the Law and there make a Hoget or publick authentick Act with Witness and Register the same and take a Copy of the same to keep by them to the end that if in the future any Difference or Pretence shall arise between the said Parties they may both have a recourse to the said Hoget and Act. And when the Pretence shall be conformable to the tenor of the Hoget Registred then it shall be accordingly thereunto observed And if the Plaintiff hath not in his hands any such authentick Hoget but only bringeth partial Witness which makes Cavils or Pretences our Ministers shall not give ear to them but observe the written authentick Hoget X. And if any one within our Dominions shall accuse any Englishman to have done him wrong No Plea to be made against an Englishman without knowledge of the Ambassador or Consul and shall therefore raise any Pretence upon him by violent or partial Witness our Ministers shall not give ear unto them nor accept them but the Cause shall be advised to the Ambassador or Consul Resident of the English Nation to the end that the Business may be decided with his knowledge and in his presence that the English may always have recourse to their defence and protection XI If any Englishman No Englishman to be molested for another without being Pledge having committed an Offence shall make his escape or absent himself no other Englishman not being Pledge shall be taken or molested for him XII All Englishmen Englishmen not to be Slaves or Subjects of England which shall be found Slaves in our State or shall be demanded by the Ambassador or Consul the Cause shall be duly Examined and such persons as are found truly to be Subjects of England shall be
who of their own will elected to Trade under the Banner and Protection of the Ambassador and Consul of the King of England And whilst in all Scales and Ports in these Parts they had refuge to the Banner and Protection of the English Consuls It seemeth that the French Ambassador by some means having a new gotten into their Capitulations that the said Merchant-Strangers should come under their Banner did endeavour to force them in all Scales to their Protection for which cause the Controversie was again renewed and referred to our Divan or Great Council which after a due Examination and a new Election permitted to the will and choice of the said Merchants they again did desire to be under the Protection of the Ambassador of the King of England notwithstanding it being made known to the Imperial Port that as yet the French Ambassador did not desire to molest the said Merchants nor to force them under his Protection the first Article written in the French Capitulations that the Merchant-Strangers should come under their Protection was by the Imperial Command made void and annulled And to the end that according to the ancient Custom of the said Merchant-Strangers they should always come under the Banner and Protection of the Ambassador or Consuls of England and that never hereafter they should be vexed or troubled by the French Ambassador in this Point the said Ambassadors of his Majesty of England having desired that this Particular should be written and Enrolled in this new Imperial Capitulation this present Article was accordingly Inserted and by the Imperial Authority it is Commanded That for ever in time to come Merchants of the said Princes in the mentioned Form and according to this Imperial Command in their hand shall always be under the Banner and Protection of the Ambassador and Consuls of England XXXIV There shall never be permitted or granted any Imperial Commands contrary to the Tenor and Articles of this Imperial Command or Capitulation No Imperial Command contrary to these Articles to be granted nor in prejudice of this our Peace and Amity but in such occasion the cause shall first be certified to the Ambassador of England Residing at the Port to the end that he may answer and object any scandalous Action or other Pretence which might infringe the Peace and League XXXV The English Merchants of all the Merchandise which they shall bring or Transport in their Ships For enforcing Consulage having paid the Custom they shall also pay the Right of Consulage to the English Ambassador or Consul XXXVI The English Merchants Permission to Trade in all Parts of the Turks Dominions and all under their Banner shall and may safely throughout our Dominion Trade Buy Sell except only Commodities prohibited all sorts of Merchandise likewise either by Land or Sea they may go and Traffick or by the way of the River Tanais in Moscovia or by Russia and from thence may bring their Merchandize into our Empire also to and from Persia they may go and Trade and through all that part newly may go and Trade and through those Confines without the impediment or molestation of any of our Ministers and they shall pay the Custom and other Duties of that Country and nothing more XXXVII The English Merchants Three per Cent. Custom and all under their Banner shall and may safely and freely Trade and Negotiate in Aleppo Cairo Scio Smyrna and in all Parts of our Dominions and according to our ancient Customs of all their Merchandize they shall pay Three in the Hundred for Custom and nothing more XXXVIII The English Ships which shall come to this our City of Constantinople Vessels forced by Weather if by fortune of Seas or ill Weather they shall be forced to Coffa or to such like Port as long as the English will not unlade and sell their own Merchandise and Goods no man shall enforce them nor give them any trouble or annoyance but in all Places of danger the Caddees or other of our Ministers shall always protect and defend the said English Ships Men and Goods that no damage may come unto them and with their Money may buy Victuals and other Necessaries and desiring also with their Money to hire Carts or Vessels which before were not hired by any other to Transport their Goods from Place to Place no man shall do them any hindrance or trouble whatsoever XXXIX The English Nation Goods not Landed to pay no Custom of all the Merchandise which in their Ships shall be brought to Constantinople or to any other part of our Dominions which they shall not desire of their own accord to Land or Sell of such Goods there shall not be demanded or taken any Custom at arrival at any Port and having Landed their Merchandise and paid their Customs and other Duties they may quietly and safely depart without the molestation of any man XL. In regard English Ships coming into our Dominions Idem do use oftentimes to touch in some part of Africa and there take in Pilgrims and Mahometan Passengers to Transport them to Alexandria and arriving at that Port it seemeth that the Customers and other Officers do pretend to take Custom of all Goods which are found in their Ships before the Merchants are willing to Land any by occasion of which molestation they have forborn to Transport any Pilgrims And in like manner their Ships which come to Constantinople and carry divers Merchandise to Transport part thereof to other Places the Customers and Farmers would enforce to Land and pretend to take Custom thereof Wherefore we do Command That all the English Ships which with their Merchandise shall come into this Port of Constantinople Alexandria Tripoli of Suria Scanderoon or into any Port whatsoever of our Empire according to use they shall pay only Custom of such Goods which with their own will they shall design to sell and such other Merchandise as they discharge not from their Ships willingly our Customer shall not demand nor take Custom nor other Duties but they may Transport them whithersoever they please XLI And if it shall happen that any of the said English Nation Matters of Manslaughter or any under their Banner shall commit Manslaughter Bloodshed or any other like Offence or that there shall happen any Cause appertaining to the Law or Justice until the Ambassador or Consul shall be present to Examine the Cause the Judges nor other Ministers shall not Decide nor give any Sentence but such Controversie shall always be declared in the presence of the Ambassador or Consul to the end that no man be Judged or Condemned contrary to the Law and the Capitulations XLII Whereas it is written in the Imperial Capitulations that the Goods Landed out of any English Ship which shall come into our Dominions and pay Custom ought also to pay the Duty of Consulage to the English Ambassador or Consul Foreigners Consulage to be paid it seemeth that
Law hath made himself Pledge and Security the Debt shall not be demanded of the other which Article is already declared in the Capitulations LXIV Whereas sometimes an Englishman living in a Country to free himself from a Debt Bill of Exchange not accepted cannot be enforced draws a Bill of Exchange upon another Englishman who hath no Effects of his in his hands and the Person to whom the Money is payable being a Man of Power and Authority brings his Bill and contrary to the Law and the Capitulations demands and forces payment of the Bill In which case the Merchant accepting the Bill shall be obliged to satisfie it but not accepting of it he shall be liable to no farther trouble LXV And the Interpreters of the Ambassador of England being free by the Articles declared in the ancient Capitulations of all Angaria or Taxes Druggermen free of all Angaria and the Cassam by virtue also of this present Article when any of the said Interpreters die their Goods or Estate shall not be subject to the Custom but shall be divided amongst the Creditors and Heirs LXVI And the King of England being a true Friend to this our happy Port Ten of the Ambassadors Servants free of Harach To his Ambassador who Resides here ten Servants of what Nation soever shall be allowed free from Harach or Taxes or molestation of any man LXVII An Englishman turning Mahometan The Estate of Principals in the hand of a Renegade to be delivered to the Ambassador or Consul and having Goods or Estate in his hands belonging to his English Principals those Goods or Estate shall be delivered into the hands of the Ambassador or Consul that they may convey and make them good to the true Owners The late Ambassador of the King of England who Resided in our high Port being dead Sir John Finch Knight a prudent Man and one of the Council of Foreign Trade is appointed to succeed him in the Charge of the Embassy And notice being given to our Noble Presence that the said Ambassador was arrived with the Royal Letters and the usual Presents they were acceptable to us And the aforesaid Ambassador having made known to us that in the Capitulations already granted there were several Expressions so full of ambiguity that they needed further Explication and to this end having requested of us in the behalf of the King his Master that the Capitulations might be renewed and that such Explications and additional Articles as were necessary might be added to them the Request of the said Ambassador being made known to us we have consented to it And we do Command and be it Commanded That the Additions desired be added to the former Capitulations of which one is I. THE Nisani Sheriff that is the Imperial Command upon which was put the Hattersheriff that is the Hand of the Emperor Sultan Ibrahim Han whose Soul rest in Glory in the Year 1053. which Command declares that anciently the English Ships that came to Scanderoon did pay for every Cloth of London for the Custom of Scanderoon fourty Para's and for a Piece of Kersey six Para's and for every Bundle of Cony-Skins six Para's and for Tin and Lead for every Quintal of Damascus or Cantaro fifty seven Para's and a half for Custom which Goods afterwards arriving in Aleppo did pay for the Custom of Aleppo for every Cloth of London eight Para's for a Piece of Kersey eight Para's and one sixth for every Bundle of Cony-Skins eight Para's and one sixth for Tin and Lead for every Battman of Aleppo one Para for Custom And the said Nation buying Goods and Transporting them for what they bought in Aleppo and Exported did pay for raw Cloth of Linen or Chilis for Cordovans for Horasani Hindi for every Bale of each two Dollars and a half and for every Bale of Cotton-Yarn a Dollar and a quarter and for a Bale of Gauls a quarter of a Dollar and for every Bale of Silk ten Osmani of which fourteen makes a Dollar for Rhubarb and such like Drugs three Dollars for every hundred according to the estimate of the chief in that Art The said Goods carried to Scanderoon and there loaden upon their Ships did pay for Raw Linen Cloth or Chilis for Cordovans each a Dollar and a half the Bale for the Custom of Scanderoon for Hora sani Hindi and Cotton-Yarn three quarters of a Dollar the Bale for a Bale of Gauls one quarter of a Dollar for Rhubarb and like Drugs according to the esteem of Druggists three quarters of a Dollar the Bale and nothing more is to be or ought to be paid according to the tenor of this sublime Command And if the Tefterdar shall give any Command contrary to this let it not be obeyed but be esteemed invalid But let every thing be observed conformable to this Imperial Command and Imperial Capitulations II. The English Merchants for all Goods Exported or Imported paid Three per cent only and never ought to pay an Asper more it being so specified in the Imperial Capitulations But there having in the Scales of Constantinople and Galata arose Contrasts and Differences with the Customers concerning the Londra's or Cloth brought from London and other sorts of Cloth of the English Manufacture they shall pay according to the accustomed and ancient Canon and as they have always hitherto paid that is to say of full Aspers or short Money of which Aspers eighty make a Piece-of-eight and seventy a Lion Dollar Aspers one hundred fourty and four for every Piece of Cloth of English fabrick whether fine or course and of whatsoever Price and the Customer shall not demand more nor ought not to take more But the Cloth that comes from Holland and other Countries viz. Londrini Says and Scarlets and other sorts of Cloth not English fabrick shall pay for the future that which hitherto has been the accustomed Duty And at the Scale of Smyrna shall be paid according to the ancient Custom and Use of full Aspers or short Money of which Aspers eighty make a Piece-of-eight and seventy a Lion Dollar Aspers one hundred and twenty for every Piece of English Cloth whether fine or course whether Londra or not provided that it be of the fabrick of England And the Customer shall not demand nor ought not to take one Asper more and let no Innovation be made upon the Custom of the said Cloths III. The Capitulations being known which commands that the English having a Controversie the import of which is above four thousand Aspers that the Cause shall be brought to the Porta and tried no where else if at any time the Caddi or Ministers of any Place would detain any Merchant or hinder any Englishman that comes upon a Ship from prosecuting their Voyage by reason of any Money imposed upon them or pretended from them if the Consul of the Place will be Security to answer the Pretensions made before the Porta such Persons shall be free and