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A32195 The capitulations and articles of peace betweene the Majestie of the King of England, Scotland, France, & Ireland, &c., and the Sultan of the Ottoman Empire as they have beene augmented, & altered in the times of every embassadour : and as now lately in the city of Adrianople in the month of January 1661 they have beene augmented, renewed, & amplifyed with diverse additionall articles, & priviledges, which serve towards the maintenance of a well grounded peace, & securities of the trade, & trafficke of His Majesties subjects in the Levant by His Excellency Heneage Earle of VVinchilsea Embassadour Extraordinary from His Majestie Charles the Second, King of Great Brittaine, France, & Ireland to Sulton Mahomet Han the Most Puissant Prince, & Emperour of the Turkes : set forth, and published by Paul Ricaut, Esquire, Secretary to his Excellencie the Lord Embassadour.; Treaties, etc. Turkey, 1662 Jan. England and Wales.; Turkey. Treaties, etc. England and Wales, 1662 Jan. 1663 (1663) Wing C2930; ESTC R8505 19,927 28

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it should bee ruled obserued according to this present Capitulation After vvhich there being arriued an other Ambassadour at this HighPort sent from the king of ●ngland vvith letters presents vvhich vve●e most acceptable the said Ambass●dour did make reque●t that certaine other necessarie articles should bee added vvritten in the Imperiall Capitulations of vvhich the first vv●s As in times past in the dayes of one of our forefathers of famous memorie Sultan Soliman Han there vvas gran●ed a ce●taine Capitulation priuiledge that the m●●chants of the spanish nation Portugall Ancona Ciuilla Florence Cat●l●●nia all sorts of Dutchmen other merchant strangers might safely securely goe come through all the places of our dominions trade tra●fick granting unto them Moreouer that in any part of our Empire th●y might e●ta●lish their Co●suls But it being that eu●ry nation apart vv●s not able to d●fray the ●harges m●i●tenance of a Co●sul It vv●s then left to their vvill ch●ice to ●ome un●er the banner of such A●●a●sa●our or Consul as 〈…〉 like ●●e● Prouided that it vv●re an Ambassa●o●r or Co●●●l of a King in peace amitie vvith our High Fort upon vvhich Grant other priuiledges giuen them there vvere often granted diuerse Imperiall com̄ands constitutions being so desired by merchant strangers vvho of their ovvne vvill elected to trade under the banner protection of the Embassadour Consul of the King of England And vvhilest in all Scales Ports in these parts they had refuge to the banner protection of the English Consuls It seemeth that the French Ambassadour by some meanes hauing a nevv gotten into their Capitulations that the said merchant strangers should come under their banner did endeauour to force them in all Scales to their protection for vvhich cause the controuersie vvas againe renevved referred to our Diuan or Great Councell vvhich after a due examination a nevv election permited to the vvill choice of the said merchants they againe did desire to bee under the protection of the Ambassadour of the King of England notvvithstanding it being made knovvne to the Imperiall Port that as yet the french Embassadour did not desire to molest the said merchants nor to force them under his protection the first Article vvritten in the french Capitulations that the merchants strangers should come under their protection vvas by the Imperiall com̄and made Void annulled And to the end that according to the antient custome of the said merchant strangers they should allvvayes come under the banner protection of the Ambassadour or Consuls of England that neuer hereafter they should bee uexed or troubled by the french Embassadour in this point The said Embassadours of his Maiestie of England hauing desired that this particular should bee vvritten enrouled in this nevv Imperiall Capitulationj this present article vvas accordingly inserted by the Imperiall authoritie It is com̄anded That for euer in time to come merchants of the said Princes in the mentioned forme according to this Imperiall com̄and in their hand shall allvvayes bee under the banner protection of the Embassadour Consuls of England XXXIIII There shall neuer bee permitted or granted any Imperiall com̄ands contrary to the tenour articles of this Imperiall com̄and or Capitulations nor in preiudice of this our peace amitie but in such occasion the cause shall first bee certifyed to the Ambassadour of England residing at the Port to the end that bee may ansvver obiect any scandalous action or other pretence vvhich might infringe the peace league XXXV The English merchants of all the merchandize vvhich they shall bring or transport in their ships hauing paid the custome they shall also pay the right of Consulage to the English Ambassadour or Consul XXXVI The Eng●ish merchants all under their banner s●all may safely throughout our dominion trade buy sell except only com̄odities prohibited all sorts of merchandize likevvise either by land or sea they may goe traffick or by the vvay of the riuer Tanais in Moscouia or by Ru●sia from thence may bring their merchandize into our Empire also to from Persia they may goe trade through all that part nevvly by Vs conquered through those confine● vvithout the impediment or molestation of any of our ministers they shall pay the custome other duties of that country nothing more XXXVII The English merchants all under their banner shall may safely freely trade negotiate in Aleppo Cairo Scio Smirna in all parts of our dominions according to our antient customes of all their merchandize they shall pay three in the hundred for custome nothing more XXXVIII The English ships vvhich shall come to this our city of Constantinople if by fortune of seas or ill vveather they shall bee forced to Co f● or to such like Port as long as the English vvill not unla●e tell their ovvne merchandize goods no man shall enforce them nor gi●e them any trouble or annoyance but in all places of danger the Caddees or other of our mini●ters shall al●vvayes protect defend the said English ships men goods that no damage may come u●to them vvith thir mony may buy uictualls other necessaries desiring also vvith their mony to hire carts or uessells vvhich before vvere not hired by a●y other to transport their goods from place to place no man shall doe them any hinderance or trouble vvhat soeuer XXXIX The English Nation of all the merchandize vvhich in their ships shall bee brought to Constantinople or to any other part of our dominions vvhich they shall not desire of thir ovvne accord to land or sell of such goods there shall not bee demanded or tak●n any custome at arriuall at any Port hauing landed their ●erchandize paid their customes other duties they may quietly safely depart vvith out the mole●tation of any man XXXX In regard English ships coming into our dominions doe use often times to touch in some part of Africa there take in Pilgrims Mahometan passengers to transport them to Alexandria arriuing at that Port It seemeth that the Customers other officers doe prete●d to take custome of all goo●s vvhich are found in t●eir ships before the merchants are vvillin● to la●d any by occasion of vvhich molestation they haue forbo●●●e to transport any pilgrims And in like manner their ships vvhich come to Constantinople carry diuerse merchandize to transport part thereof to other places the customers Farmours vvould enforce to land pretend to take custome thereof VVherefore vvee doe com̄and that all the English ships vvhich vvith their merchandize shall come into this Port of Constantinople Alexand●ia Tripoli of Suria Scanderoone or into any ●ort vvhatsoeuer of our Empire according to use they shall pay only custome of such goods vvhich vvith their ovvne vvill they shall designe to sell such other merchandize
as they discharge not from their ships vvillingly our customer shall not demand nor take custome nor other duties but they may transport them vvhether soeuer they please XXXXI And if it shall happen That any of the said English Nation or any under their banner shall com̄it man slaughter bloudshed or any other like offence or that there shall happen any cause appertaining to the lavv or Iustice untill the Embassadour or Consul shall bee present to examine the cause the Iudges nor other ministers shall not decide nor giue any sentence but such controuersie shall allvvayes bee declared in the presence of the Embassadour or Consul to the end that no man bee Iudged or condemned contrary to the lavv the capitulations XXXXII VVhereas it is vvritten in the Imperiall Capitulations that the goods landed out of any English ship vvhich shall come into our dominions pay custome ought also to pay the dutie of Consulage to the English Embassadour or Consul it seemeth That diuerse Mabometan merchants Sciots other merchants in peace amitie vvith this Imperiall Port other merchant strangers doe deny refuse to pay the right of consulage VVherefore It is com̄anded that all the merchandize vvhich shall bee laden upon their ships haue paid custome bee they goods of vvhomsoeuer according to antient Imperiall Capitulations they shall pay the right of Consulage to the Embassadour or Consul of England vvithout any contradiction XXXXIII That English merchants vvhich trade at Aleppo those under their banner of all the silke vvhich they shall buy lade upon their ships shall pay the custome other duties as the french Venetian merchants doe pay not one asper or farthing more XXXXIIII As the Embassadours of the King of England vvhich shall bee Resident in this Imperiall Court are the Representatiues Comissioners of the person of his Maiestie so the Interpreters are to bee esteemed the Com̄issioners of the Embassadour Therefore for such matter as the Interpreters shall translate or speake in the name or by the order of the Ambassadour it being found that that vvhich they haue translated to bee according to the vvill order of the Embassadour or Consul they shall bee allvvayes free from any imputation or punishment And in case they shall com̄it any offence our ministers shall not put any of the said Interpreters in prison nor beat them vvithout knovvledge of the Ambassadour or Consul in case any of the English Interpreters shall die if hee bee an Englishman all his goods or faculties shall bee possessed by the Ambassadour or Consul of England but if bee shall bee a subiect of our dominion they shall bee consigned to his next heire hauing no heire they shall bee taken into our Exchequor And as in this particular so also in all other the aboue mentioned articles priuiledges granted by our forefathers of happy memorie It is expressely com̄anded Ordained That all our slaues shall euer obey obserue this Imperiall Capitulation that the peace amitie shall bee respected maintained vvithout any uiolation vvhatsoeuer XXXXV Since vvhich time of our fore fathers of famous memorie the gran● of these aboue mentioned Capitulations articles establishment of peace amitie the said King of England hauing in the time of our grand father of happy memorie Sultan Mahomet Han sent one his vvell desired Ambassadour a person of qualitie to this high Port to confirme this peace articles Capitulations vvhich Embassadour did declare that often times there vvere to diuerse persons Imperiall com̄ands granted subreptitiously procured contrary to the tenour articles of the Imperiall capitulations vvhich being vvithout our knovvledge presented to our Iudges and Gouernours the da●es of such com̄ands being more fresh then those of our Imperiall Capitulaions the Iudges ministers doe put in execution the priuate com̄ands preiuditial contrary to these Imperiall To the end therefore that for the time to come such commands shall not bee accepted of any but that the imperiall Capitulations might bee allvvayes obserued maintained according to the sincere meaning the said Ambassadour demonstrating the sinceritie of his Maiestie his request herein to our Imperiall knovvledge vvhich vvas most acceptable in conformitie thereuto it vvas expressely ordered That all such com̄ands vvhich allready haue beene or shall hereafter bee granted vvhich are or shal bee repugnant to the tenour of this Imperiall Capitulation vvhatsoeuer such commands sh●ll bee vv●en presented before our Caddees or other ministers should neuer bee accepted or put into execution but that allvvayes the tenour of the Imperiall Capitulations shall bee obserued And vvhosoeuer shall present such com̄and contrary to the Capitulations they shall bee taken from him in no vvise bee of any force or ualiditie In vvhich time also on the part of our said Grand father all the aboue vvritten Priuiledges Articles Capitulations vvere accepted ratifyed the peace amitie good correspondence antiently contracted vvas a nevv of him confirmed established XXXXVI In the time of the inauguration of Sultan OSMAN Han in the Imperiall high throne the King of England did againe send a famous noble Geentleman his Embassadour vvith letters presents vvhich vvere most acceptable And the said Ambassadour desiring in the name of his King Lord that the antient Capitulation articles contracts granted in the dayes of our forefathers should bee of him renevved confirmed the antient peace amitie anevv fortifyed established vvhich his request vvas to the said Sultan Osman most acceptable And the antient Capitulations articles Priuiledges herein vvritten confirmed the long since contracted peace amitie by him promised accepted XXXXVII After vvhom in like manner in the dayes of Sultan OSMAN Han the King of England hauing againe sent unto this high Port his Ambassadour the Excellent honnourable sr THOMAS Roe Knight vvith his letters presents vvhich vvere most aceptable proffering in the name of the King his Lord all good termes of friend ship good correspondence And desiring that the antient Capitulations all the articles from his Ancestours from himself formerly granted to the English nation might bee anevv confirmed the peace league long since betvveene both parties contracted ratifyed that some other articles uery necessary might bee added to the Imperiall Capitulations diuerse others allready granted might bee renevved amended in a better forme explained vvhich his request demand vvas uery acceptable unto him in conformitie thereunto the antient Imperiall Capitulations all the articles other priuiledges in them often confirmed the peace amitie good corrspondence contracted in the times of his Ancesters Grand father father himself confirmed vvere againe by Sultan OSMAN then ratifyed established promised accepted vvhereupon by him there vvas expresse com̄and giuen that for the time to come the ●enour of his renevved Capitulations should bee of euery one obserued
ship shall absent himself or make escape avvay or shall bee bankerupt the creditour shall only pretend his debt upon his ovvne debtor not of any other English And if the Creditour haue not authentique Hoget or bill of suretieship made by an English man hee shall not pretend his debt of any other English man VIIII In all causes businesses occasions vvhich shall occurre betvveene the said nation their merchants Interpreters brokers or seruants any other vvhat soeuer that is to say In selling or buying in paying or receiuing in giuing or taking securitie or pledge debt or credit all other such things vvhich appertaine to the ministers of the lavv iustice they may allvvayes if they please in such occasions goe to the Caddee vvho is the Iudge of the lavv there make a Hoget or publicke authentique Act vvith vvitnesse register the same take a coppie of the same to keep by them to the end that if in the future any difference or pretence thall arise be●vveene the said parties they may both haue a recourse to the said Hoget Act. And vvhen the pretence shall bee conformable to the tenour of the Hoge registred then it shall bee accordingly thereunto obserued And if the Plaintiffe hath not in his hands any such au●henticke Hoget but only bri●geth partiall vvittnesse vvhich makes cauills or p●etences our ministers shall not giue eare to them but obserue the vvritten authentique Hoget X And if any one vvithin our dominions shall accuse any English man to haue done him vvrong shall therefore raise any pretence Vpon him by Violent or partial vvittnesse our ministers shall not giue eare Vnto them nor accept them but the cause shall bee aduised to the Embassad or Consul Resident of the English nation to the end that the businesse may bee decided vvith his knovvledge in his presence that the English may allvvayes haue recourse to their defence protection XI If any English man hauing comitted an offence shall make his escape or absent himself no other Englishman not being pledge shall bee taken or molested for him XII All Englishmen or subiects of England vvhich shall bee found slaues in our state or shall bee demanded by the Embassadour or Consul the cause shall bee duly examined such persons as are fo●nd truly to bee subiects of England shall bee set free deliuered to the Embassadour or consul XIII All English men all other subiects of the crovvne of England vvhich shall ●●●ell or reside in ou● dominions vvhether they bee married o single ●●y buy sell trafficke of them shall no harach or head m●● bee demanded XIIII The English Emba●sadour Resident In Aleppo Alexandria Tripoli of Suria or Tunis Algier Tripoli of Barbarie in Smyrna the ports of Caire or any other parts of our dominions may at their pleasure establish their Consuls in like manner remo●e them or change appoint others in their places none of our ministers shall oppose or refuse to accept them XV In all causes concerning lavv iustice betvveene the English nation any other in the absence of their Interpreters the Iudges nor any other of our ministers shall not proceed to giue sentence XVI If ●heir happen any controuersie amongst themselues the decision thereof shall bee vvholy left to their ov●ne Embassadour or Consul according to their ovvne right lavves vvith no such causes our ministers shall in●ermedle XVII Our Armada of gallies ships or a●y other uessells of our Empire VVhich a sea meet or find any English ship they shall not doe them nor suffer to bee done to them the least iniurie or trouble nor shall they stay them demand pretend or take any thing from them but shall salu●e shevv good mutuall friend ship the one to the other vvithout of●ence XVIII All these particular Priuiledges Capitulations vvhich in former times haue beene granted to the french Venetians or any other Christian nation VVhose King is in peace friendship vvith this Port in like manner the same vvere granted giuen to the said English nation to the end that in time to come the tenour of this our imperiall Capitulations may bee allvvayes obserued by all men that none may in any manner upon any pretence presume to contradict or uiolate it XIX If the pyrates or I euerts vvho i●fest the seas vvith their fregates shall bee found to haue ta●en any ●nglish ues●ell or to haue robbed or spoyled their goods facul●ies also if it shall bee found that in any of our dominions any shall haue uiolently taken goods of any English man our ministers shall vvith all diligence seeke out such Offendours seuerely punish them cause that all such goods ships monyes vvhatsoeuer hath beene taken vvay fr●m the E●glish nation shall bee presently iustly absolutely restored to them XX All our Beglerbeges Beges Captaines masters of Imperiall ships other priuate Iudges Gouernours Cu●tomers ●armers all our ministers subiects s●aues shal allvvayes obey ●eep the t●●ou● of these our ●vvoa●●e Capitulations shall vvith all obseruance respect the friendship good correspondence established on both parties euery one in particular taking especiall care not to com̄it any Act contrary thereunto And as long as the said Queene of England according to this present agreement of sincere friendeship good corrspondence shall shevv herself remaine vvith Vs in peace friendship league firme constant sincere vvee doe promise also on our parts reciprocally that this peace frindship Articles Capitulations correspondence in the fore vvritten forme shall bee for euer of Vs maintained obserued respected of no man any part thereof shall bee contradicted or infringed all vvhich aboue mentioned Articles of peace friendship vvere concluded signed an Imperiall Capitulation granted confirmed by our Ancestors of happy memorie Since vvhich time his Ma.tie of England Iames deceased in the time of our Grand father of happy memorie Sultan ACHMET Han hauing sent unto our Imperiall throne is Embassadours letters presents vvhich vvere most acceptable And desired that the allready contracted peace friendship good correspondence made vvith our Grand fathers the Capitulations Articles And priuiledges aboue vvritten should bee againe ratifyed the said peace friendship renevved Farther requesting that certaine Articles uery necessarie should to the same Capitulations bee added The desire of his Maiestie being declared in the Imperiall presence of our said Gran father Sultan ACHMET Han vvas presentlie granted And hee gaue expresse com̄and and order that the said peace friendship should bee renevved fortifyed the antient Capitulations priuiledges confirmed that the nevv desired articles should bee inserted added to the Imperiall Capitulations Granting farther to the English nation all those Articles farther priuiledges vvhich vvere giuen vvritten in any Capitulations vvith other nations Potentates or Kings in peace amitie vvith this Imperiall Port by
this Imperiall com̄and bee gaue order that these his Imperiall com̄ands should bee obeyed of all men the tenour of them dulie obserued The articles vvhich then were granted added to the Capitulations vvere these follovving XXI That our Ministers shall not demand or take of the said English Nation any costume or other duties of all the dollars chequeens they or any under their banner shall bring in or transport from place to place or carry out of our dominions that nether Beglerbeges Beyes Caddees Treasurers Mint Masters or other shall take demand either dollars or chequeens from the said nation to change them into small aspres nor shall giue or doe them any uiolence or trouble there upon XXII The English Nation all those that come Vnder their banner their Vessells small great shall may nauigate traffick buy sell abide in all parts of our Dominions excepting Armes Gun povvder other such prohibited com̄odities they may loade carry avvay in their ships vvhatsoeuer of our merchandizes at their ovvne pleasure vvithout the impeachment or trouble of any man their ships Vessells may come safelie securelie to anchor at all times traffick at all times in euerie part of our dominions vvith their monie buy Victualls all other things vvithout any contradiction or hinderance of any man XXIII And if any difference shall happen vvith any of the said English Nation by suite in lavv or any other controuersie the Caddees or any other ministers of our Iustice shall not heare nor decide the cause untill the Embassadour Consul or Druggerman of the said nation shall bee present XXIIII All difference or suites of lavv depending vvith the said nation vvhich shall exceed the ualue of 4000 aspers shall allvvayes bee heard decided at our Imperiall Port. XXV The English Nations Consul or Resident in any port of our dominions being established by the Embassadour Resident for the English Nation our ministers shall haue no povver to imprison or examine or seale up their houses nor to dismisse or displace them from their charge office but in case of any difference or suite vvith the Consul there shall bee made a certificate to the Imperiall Port to the end that the Embassadour may protect ansvver for them XXVI VVhen any Englishman or other under their banner shall die in our dominions vvith their goods or faculties or any thing that belonged unto them our Escheators Caddees or other ministers upon pretence they are goods of the dead vvithout any ovvner shall not medle take or seize any part thereof but they shall allvvayes bee consigned remaining to such other English as the deceasd shall by his testament assigne if hee died intestate then the English Consul shall take receiue his faculties goods if there bee no Consul the English Resident there shall take the possession in case there bee neither Consul nor English the said goods faculties vvhatsoeuer shall bee receiued into the Custodie of the Caddee of that place hauing aduised the english Embassadour there of the said caddee shall resigne all the said goods Vnto such persons as the Embassadour shall send vvith com̄ission to receiue them XXVII All these Priuiledges other liberties granted to the English Nation those vvho come Vnder their protection by diuerse Imperiall com̄ands vvhether before or after the date of these Imperial Capitulations shall bee allvvayes obeyed obserued shall allvvayes bee understood interpreted in fauour of the English nation according to the tenour true contents thereof XXVIII Neither the Officer called the Cassam or gatherer of the Caddees duties in case of death nor the Caddee shall pretend or take of the said English nation any kind of tenths or Casmetts or fee of diuision X VIIII The Embassadour of the King of England or Consul residing in our dominions shall may take into their seruice any Ianizary or Interpreter at their ovvne charge choice no Ianizatie nor other our slaues shall put them selues or intermedle vvith their seruice against their liking or consent XXX The Embassadour of his Ma.tie of England Consul the English Nation residing in our Empire ●or the use of their ovvne persons famili●s making must or vvine in their ovvne houses none of our ministers Caddees or Ianizaries shall molest or hinder them or demand any duties or mony or doe them any uiolence or impediment XXXI In the Port of Constantinople Aleppo Alexandria Scio Smirna in other parts of our domi●ions the E●glish merchants hauing pa●● the custome of their merchandize ●ccording to the teno●r of the Imperiall Capitula ions no man shall molest or t●ouble or take from them any thing more vvhatsoeuer merchandize shall bee loaden Vpon their ships brought in our dominions landed at any Scale they being desirous to lade it againe to transport it to any other Scale or Port the same goods arriuing in the second place Scale being there unladen neither the Customer nor Farmers nor any other our officers sh●ll pretend or take againe any Cus●omes or Gabells of the said merchandize that th said nation may allvvayes freely securely trade follovv their businesse XXXII Neither of the English Nation nor of any tr●ding under their ba●ner there shall not bee demanded nor gathered one ●●● er nor any mo ● in the name of imposition ●●asiapie or co●●●sitions for flesh for the Ianizaries XXXIII There having beene in times past a di ference betvv●ene the Embassadour of the Queene of England the ●re●ch Embassadour both Resident in our Port about the merch●nts of the Dutch nation both vvhich Embassadours sent their petitions to our Imperiall stirrup And made request that the said Dutch me●chants coming into our dominions s●ould p●●se un●er their banner vvhich request of both Embassa●ours vv●s granted under our Imperiall Seal not vvith●tan●ing Si●●n B●●l● t●e Sonne of Cigala Captaine of the Sea novv ●e●●●sed as Admirall practised in marittime cases hauing a●uise● the Imperiall ●●iestie that it vvas fit conuenient that the Dutch nation s●o●ld bee assigned to the protection of the Amb●ssa●our of E●gla●d that it should bee so vvritten in their Capitulations vvhich opinion b●i●g by all the Viziers ●pproued by expresse or●er Imperiall aut●oritie it vv●s co●̄anded that the D●●ch merch●nts of the Prouinces of Holland Zeland Freezelan● Geld●rl●●d Tha●is the merchan●s of those 4 Prouinces trading in our dominions shall allvvayes come under the b●nner of the Queene of England as all other Eng●i●h doe that of all the goods merchandize vvhich th●y shall or doe import or export to from our dominion in their Vessells they sh●ll pay the duties of Consulage all other du●ies to the Embassadour o● Consul of the Queene of England And that neuer hereafter th● french Embassadour or Co●sul sh●ll insinuate nor intermedle herein ac●ordingly It vv●s com̄anded that for the time to come