Ships of the English Merchants before they arrive at the Scale several Officers did go upon them and violently force out of the Ships the Goods of the Merchants taking away the choice of them without agreeing for the Price or making any Account with the Owners LVI And farthermore the said Merchants having once payed the Custom for their Goods at the Custom-house Abuses to be redressed in Customs and being desirous to Transport the same Goods into another Scale the Customers did hinder and detain them until he received another second Custom for them LVII And whereas in the Imperial Capitulations it is expressed In hearing of Law-Suits That in all the Differences and Suits with the English Nation our Magistrates are not to hear nor decide the Cause unless their Ambassador or Consul be there present Of late our Judges without the knowledge of their Ambassador have Condemned Imprisoned and taken Presents from the English Nation which is a great Wrong done to them LVIII Also whereas in the Imperial Capitulations No Customs upon Money it is ordered That the Customers shall not take any Custom for such Gold and Dollars as by the English Nation shall be brought in or carried out of our Imperial Dominions and that the Merchants are to give onely Three per cent for the Custom of their Goods and no more the Customers notwithstanding do pretend to take Custom for their Chequeens and Dollars and to take more Custom then their due for their Raw Silks Raw Silks which they buy and of the Goods which they Land at Scandaroon to carry up to Aleppo they demand Six per cent which unjust Exactions have been heretofore rectified and redressed with an express Hattersheriffe But being now again informed that the said English Merchants are as before wronged by reason that the Customers do value and estimate the Goods of the English Merchants more then they are worth and though the Customers are to have but Three per cent yet by an over valuation of the Goods they take from them Six per cent And the Servants of the Custom-house under pretence of small Duties and Expences wrongfully take great Sums of Money from them And a greater number of Waiters being put Aboard the English Ships then heretofore have been used A greater number of Guardians not to be put Aboard our Ships then usual the Charges thereof are a great Expence to the Merchants and Masters of Ships that sustain it To all which we being requested for a Redress do Command That when the Customers do set great values upon their Goods the Merchant offering to them according to the Rate of Three per cent in specie of the same Goods the Customers shall not refuse but accept the same And being desired by the English Ambassador that the above specified Abuses and Injuries should be rectified We do Command That contrary to the Imperial Capitulations the English Merchants be neither in the foregoing Particulars nor in any other manner troubled nor their Priviledges unjustly infringed The Ambassador of the King of Great Britain Sir Heneage Finch Knight Earl of Winchelsea Viscount Maidston Baron Fitzherbert of Eastwell Lord of the Royal Mannor of Wye and Lieutenant of the County of Kent and City of Canterbury whose end may it terminate with bliss did arrive with his Presents and with all sincerity and affection was accompanied with Letters amply expressing the good Friendship and Correspondence and that abovesaid Ambassador hath Presented the Capitulations that they might be renewed according to the Canon And that some Articles of great consideration which were before in the Capitulations may be more punctually observed the said Ambassador did desire that they might be again renewed and more plainly expressed in the Imperial Capitulations His Request was graciously accepted one of which Points is this LIX That the Gallies and other Vessels of the Imperial Fleet departing the Dominions of the Grand Signor and meeting on the Sea with the Ships of England they shall in no wise give them molestation nor detain them in their Voyage nor take from them any thing whatsoever but ought always to shew to one another good Friendship without doing the least Damage The Pyrates of Barbary not to Search our Ships for Strangers Goods And it being thus declared in the Imperial Capitulations Beyes and Captains who Sail upon the Seas and those of Algier Tunis and Tripoli meeting English Ships which Sail from one Port to another ought not to take from them any Money or Goods upon pretence that their Ships Transport Enemies Goods and thereupon Search them and with this colour molest and detain them from prosecution of their Voyage so that only at the Mouth of the Castles and in the Ports where the Searchers belonging to the Customs usually come Aboard their Goods shall be Examined but on the Sea they shall be liable to no farther Search or Inquisition LX. And contrary to the Articles of the Imperial Capitulations Customs being paid the Customer not to deny the Teschere the Goods of the English Nation ought to receive no molestation having once paid the Custom nor shall the Customers deny to give the Teschere or Certificate that the Custom is paid for upon complaint hereof We strictly Command that the aforesaid Customers do not defer immediately upon demand to give the Teschere or Certificate LXI And the Custom being once paid of any sort of Merchandise not sold in that Port A second Custom not to be demanded which is to be Transported to another Scale entire credit shall be given to the Teschere and a second Custom shall not be so much as farther pretended LXII In Aleppo All Goods in English Ships as well as those of the Growth and Manufacture of England not to pay above Three per cent Custom Cairo and other Parts of the Imperial Dominions the English Merchants and their Servants may freely and frankly Trade and for all their Goods and Merchandise pay only Three per Cent. according to the former Custom and the Imperial Capitulations whether the Goods be brought by Sea or by Land And though the Customers and Farmers upon the arrival of the Goods at the Scale to give molestation and trouble to the English Nation pretend that the Goods of the Growth and Manufacture of England ought only to pay Three per Cent. but Goods brought from Venice and other Places are obliged to pay more and with this colour and pretence occasion suits and troubles to the English wherefore in this Point let the Imperial Capitulations be observed as in former Times and our Officers ought in no wise to permit the contrary hereunto LXIII An Englishman becoming indebted Without Pledge or Suretiship one Englishman not to answer for another or having made himself Pledge for another who is either failed or run away the Debt ought to be demanded of the Debtor And if the Creditor have no Hoget that such an one according to the
set free and delivered to the Ambassador or Consul XIII All Englishmen No Harach demanded and all other Subjects of the Crown of England which shall dwell or reside in our Dominions whether they be married or single may buy sell and Traffick and of them shall no Harach or Head-money be demanded XIV The English Ambassador Resident in Aleppo The Ambassadors power to coustitute Consuls Alexandria Tripoli of Suria or Tunis Algier Tripoli of Barbary in Smyrna the Ports of Cairo or any other Parts of our Dominions may at their pleasure establish their Consuls and in like manner remove them or change and appoint others in their places and none of our Ministers shall oppose or refuse to accept them XV. In all Causes concerning Law and Justice between the English Nation and any other No Process without the Interpreter in the absence of their Interpreters the Judges nor any other of our Ministers shall not proceed to give Sentence XVI If there happen any Controversie amongst themselves The Turks not to meddle in Differences between the English the Decision thereof shall be wholly left to their own Ambassador or Consul according to their own Right and Laws and with no such Causes our Ministers shall intermeddle XVII Our Armada of Gallies Ships or any other Vessels of our Empire Our Ships not to be detained at Sea by the Turks Armada which at Sea meet or find any English Ship they shall not do them nor suffer to be done to them the least injury or trouble nor shall they stay them demand pretend or take any thing from them but shall salute and shew good and mutual Friendship the one to the other without offence XVIII All those particular Priviledges and Capitulations All Priviledges granted to other Nations granted also to the English which in former Times have been granted to the French Venetians or any other Christian Nation whose King is in Peace and Friendship with this Port in like manner the same were granted and given to the said English Nation to the end that in time to come the Tenor of this our Imperial Capitulations may be always observed by all men and that none may in any manner upon any pretence presume to contradict or violate it XIX If the Pirates Against Turkish Pirates or Levents who infest the Seas with their Frigats shall be found to have taken any English Vessel or to have robbed or spoiled their Goods and Faculties Also if it shall be found that in any of our Dominions any shall have violently taken Goods of any Englishman our Ministers shall with all diligence seek out such Offenders and severely punish them and cause that all such Goods Ships Moneys and whatsoever hath been taken away from the English Nation shall be presently justly and absolutely restored to them XX. All our Beglerbegs Begs Captains Masters of Imperial Ships and other private Judges Governors Customers Farmers and all our Ministers Subjects and Slaves shall always obey and keep the Tenor of these our Sworn Capitulations and shall with all observance respect the Friendship and good Correspondence established on both Parties every one in particular taking especial care not to commit any Act contrary thereunto And as long as the said Queen of England according to this present Agreement of sincere Friendship and good Correspondence shall shew her self and remain with us in Peace Friendship and League firm constant and sincere We do promise also on our Parts reciprocally that this Peace Friendship Articles Capitulations and Correspondence in the fore-written Form shall be for ever of us maintained observed and respected and of no man any part thereof shall be contradicted or infringed All which above-mentioned Articles of Peace and Friendship were Concluded Signed and an Imperial Capitulation granted and confirmed by our Ancestors of happy memory Since which time his Majesty of England James deceased in the time of our Grandfather of happy memory Sultan Achmet Han having sent unto our Imperial Throne his Ambassadors Letters and Presents which were most acceptable and desired that the already Contracted Peace and Friendship and good Correspondence made with our Grandfathers and the Capitulations Articles and Priviledges above written should be again Ratified and the said Peace and Friendship renewed farther requesting that certain Articles very necessary should to the same Capitulations be added The Desire of his Majesty being deelared in the Imperial Presence of our said Grandfather Sultan Achmet Han was presently granted And he gave express Command and Order that the said Peace and Friendship should be renewed and fortified and the ancient Capitulations and Priviledges confirmed and that the new desired Articles should be inserted and added to the Imperial Capitulations Granting farther to the English Nation all those Articles and farther Priviledges which were given and written in any Capitulations with other Nations Potentates or Kings in Peace and Amity with this Imperial Port And by this Imperial Command he gave order that these his Imperial Commands should be obeyed of all men and the Tenor of them duly observed The Articles which then were granted and added to the Capitulations were these following XXI That our Ministers shall not demand No Custom to be taken on Moneys None to force change of Moneys or take of the said English Nation any Custom or other Duties of all the Dollars and Chequeens they or any under their Banner shall bring in or Transport from Place to Place or carry out of our Dominions and that neither Beglerbegs Begs Caddees Treasurers Mint-Masters or other shall take and demand either Dollars or Chequeens from the said Nation to change them into small Aspers nor shall give or do them any violence or trouble thereupon XXII The English Nation and all those that come under their Banner their Vessels small and great shall and may Navigate Traffick Buy Sell and abide in all Parts of our Dominions No Ammunition to be carried in our Ships and excepting Arms Gunpowder and other such prohibited Commodities they may load and carry away in their Ships whatsoever of our Merchandises at their own pleasure without the impeachment or trouble of any man and their Ships and Vessels may come safely and securely to Anchor at all times and Traffick at all times in every part of our Dominions Provisions may be bought for our Ships and with their Money buy Victuals and all other things without any contradiction or hindrance of any man XXIII And if any Difference shall happen with any of the said English Nation by Suit in Law No Process to be made without presence of the Ambassador c. or any other Controversie the Caddees or any other Ministers of our Justice shall not hear nor decide the Cause until the Ambassador Consul or Druggerman of the said Nation shall be present XXIV All Differences Suits of Law above 4000 Aspers to be heard above or Suits of Law depending with the said Nation which
divers Mahometan Merchants Sciots and other Merchants in Peace and Amity with this Imperial Port and other Merchant-Strangers do deny and refuse to pay the Right of Consulage wherefore it is Commanded That all the Merchandise which shall be Laden upon their Ships and have paid Custom be they Goods of whomsoever according to ancient Imperial Capitulations they shall pay the Right of Consulage to the Ambassador or Consul of England without any contradiction XLIII That English Merchants which Trade at Aleppo Silk to pay the Custom as Venetians and French and those under their Banner of all the Silk which they shall buy and Lade upon their Ships shall pay the Custom and other Duties as the French and Venetian Merchants do pay and not one Asper or Farthing more XLIV As the Ambassadors of the King of England which shall be Resident in this Imperial Court are the Representatives and Commissioners of the Person of his Majesty so the Interpreters are to be esteemed the Commissioners of the Ambassador therefore for such matter as the Interpreters shall Translate or Speak in the Name Interpreters to have Licence to speak the sence of the Ambassador or Consul or by the Order of the Ambassador it being found that that which they have Translated be according to the Will and Order of the Ambassador or Consul they shall be always free from any Imputation or Punishment And in case they shall commit any Offence our Ministers shall not put any of the said Interpreters in Prison nor beat them without knowledge of the Ambassador or Consul Druggermen dying c. In case any of the English Interpreters shall die if he be an Englishman all his Goods or Faculites shall be possessed by the Ambassador or Consul of England but if he shall be a Subject of our Dominion they shall be consigned to his next Heir and having no Heir they shall be taken into our Exchequer And as in this Particular so also in all other the above-mentioned Articles and Priviledges granted by our Forefathers of happy memory it is expresly Commanded and Ordained That all our Slaves shall ever obey and observe this Imperial Capitulation and that the Peace and Amity shall be respected and maintained without any violation whatsoever XLV Since which time of our Forefathers of famous memory No Command valid against the Capitulations and the grant of these above-mentioned Capitulations Articles and Establishment of Peace and Amity the said King of England having in the time of our Grandfather of happy memory Sultan Mahomet Han sent one his well desired Ambassador a Person of Quality to this high Port to Confirm this Peace Articles and Capitulations which Ambassador did declare That oftentimes there were to divers Persons Imperial Commands granted surreptitiously procured contrary to the Tenor and Articles of the Imperial Capitulations which being without our knowledge presented to our Judges and Governors and the Dates of such Commands being more fresh than those of our Imperial Capitulations the Judges and Ministers do put in Execution the private Commands prejudicial and contrary to these Imperial To the end therefore that for the time to come such Commands shall not be accepted of any but that the Imperial Capitulations might be always observed and maintained according to the sincere meaning the said Ambassador demonstrating the sincerity of his Majesty and his Request herein to our Imperial knowledge which was most acceptable In conformity thereunto it was expresly ordered That all such Commands which already have been or shall hereafter be granted which are or shall be repugnant to the Tenor of this Imperial Capitulation whatsoever such Commands shall be when Presented before our Caddees or other Ministers should never be excepted or put into Execution but that always the Tenor of the Imperial Capitulations shall be observed Such Commands to be taken away And whosoever shall Present such Command contrary to the Capitulations they shall be taken from him and in no wise be of any force or validity In which time also on the Part of our said Grandfather all the above-written Priviledges Articles and Capitulations were Accepted and Ratified and the Peace Amity and good Correspondence anciently Contracted was anew of him Confirmed and Established XLVI In the time of the Inauguration of Sultan Osman Han in the Imperial and high Throne the King of England did again send a famous and Noble Gentleman his Ambassador with Letters and Presents which were most acceptable And the said Ambassador desiring in the Name of his King and Lord that the ancient Capitulation Articles and Contracts granted in the days of our Forefathers should be of him renewed and confirmed and the ancient Peace and Amity anew fortified and established which his Request was to the said Sultan Osman most acceptable And the ancient Capitulations Articles Priviledges herein written and confirmed and the long since contracted Peace and Amity by him promised and accepted XLVII After whom in like manner in the days of Sultan Osman Han the King of England having again sent unto this high Port his Ambassador the Excellent and Honourable Sir Thomas Roe Knight with his Letters and Presents which were most acceptable and proffering in the Name of the King his Lord all good Terms of Friendship and good Correspondence And desiring that the ancient Capitulations and all the Articles from his Ancestors and from himself formerly granted to the English Nation might be anew confirmed and the Peace and League long since between both Parties contracted and ratified and that some other Articles very necessary might be added to the Imperial Capitulations and divers others already granted might be renewed amended and in a better Form explained which his Request and Demand was very acceptable unto him and in conformity thereunto the ancient Imperial Capitulations and all the Articles and other Priviledges in them often confirmed and the Peace Amity and good Correspondence contracted in the times of his Ancestors Grandfather and Father and himself confirmed were again by Sultan Osman then ratified established promised and accepted whereupon by him there was express Command given that for the time to come the Tenor of his renewed Capitulations should be of every one observed and that all men should be careful and respectful to the said Peace and Friendship established and contracted on both Parts and that no man should presume to violate or to do any Act contrary thereunto which Ambassador did often declare that the Caddees and other of our Ministers in many Places and Provinces contrary to the Imperial Capitulations and Will of the Imperial Majesty have imposed and laid divers Taxes Burdens and Moneys upon the said English Nation and those under their Banner for which cause as it is above declared it being found necessary to make additions of some new Articles in the said Imperial Capitulation of which the said Ambassador made declaration in Writing and presented the same to the Imperial Presence The said Sultan Osman
at liberty to prosecute their Voyage and they that pretend any thing of them let them come to the Divan for to be judged and let the Ambassador defend them from those that come to demand but if the Consul will not be Security then let the Judge of the Place give Sentence IV. In Constantinople Scanderoon Smyrna and Cyprus and all other Ports and Scales of my Empire whatsoever English Ships shall arrive they shall pay three hundred Aspers for Anchorage or Port Charges and there shall not nor ought not to be taken or paid one Asper more V. An Englishman coming with Effects and turning Mussulman the Ambassador or Consul knowing that such Effects do belong to other English Merchants let all the Money and other Effects be taken out of the hand of such a Mussulman and consigned to the Ambassador to the end that he may transmit them to whom they do belong that by this means no Goods of other men may remain in the hands of such a Mussulman and let not this be hindred by the means of any Caddi or other Judges or Ministers VI. Any of the aforesaid English Nation buying Chamblets Moehairs or Grogran-Yarn in Angora or Begbazar if they will Export the said Goods from those Places after having paid Three per cent for the Custom of such Goods they Export let them not be molested for Skraz Batch that is for Passage or Exportation and there neither shall nor ought to be taken upon the account of any such Demand one Asper VII Any English Merchant being to receive from his Debtor any Sum of Money if the said Debt be recovered by the means and help of an Assistant or Chiaus he that recovers the Debt shall pay no more than what is paid to other Caddi's which is two Aspers only and not one Asper more VIII There passing good Correspondence between Us and the King of England out of regard of this good Friendship We do grant that two Ships lading of Figs Raisins or Currants may be yearly Exported for the use of his Majesty's Kitchin if there be not a dearth and scarcity of such Fruit in the Country which we allow to be bought with their Money that Export them at the Scale of Smyrna Salonica or any other Scale or Port of our Empire paying Three per cent Custom which being paid no person shall give to them that lade them any molestation or hindrance IX It being represented to Us that the English have been accustomed hitherto to pay no Custom nor Mezan for any Silk they bought in Smyrna that of Prussia and Constantinople excepted viz. for the Silk of Giorgia Persia or Armenia if really there is any such Use and Custom and the thing is not of prejudice to the Empire let there in Smyrna for the future be demanded neither Custom nor Mezan for the said Silk but to the English Merchants let all kindness be used and shown And the Ambassador having made instance to Us that the foregoing Articles might be put into the Capitulations his Request is granted and conformable to the former Imperial Sign and Capitulation let now in conformity of what was passed and of my Imperial Command be renewed and granted this present Imperial Capitulation which We command so long as Charles the Second King of England whose end may it terminate in happiness maintains good Friendship and Correspondence with Us according to what has been maintained with our Ancestors and to which We on our Part are not wanting with all tenderness entertaining this Friendship And we do Swear and Promise by Him that has Created the Heaven and the Earth and all the Creatures by the Creator the one God We do Promise that nothing shall be done contrary to this Imperial Capitulation and accordingly every one is to obey our Imperial Sign Given in the middle of the Moon Gemaziel Akir 1086. in the Imperial City of Adrianople being in the Month of September 1675. The Grand Signor writes above with his own Hand as follows Let every thing be observed in Conformity to Our IMPERIAL COMMAND and contrary to it let nothing be done A Treaty Marine between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the Most Serene and Mighty Prince Lewis XIV the Most Christian King Concluded at St. Germains in Laye the Twenty fourth day of February 1676 7. Artic. I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince the King of Great Britain aforesaid English to have freedom of Trade to all Places in Friendship or Neutrality with England with all Freedom and Safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countreys and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with his said Majesty So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Christian King or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Most Christian King and any Princes or People whatsoever in Peace Amity or Neutrality with the said King of Great Britain The like to the French Subjects And likewise that it shall and may be lawful for all and every the Subjects of the said Most Christian King with all Freedom and Safety to Sail Trade and Exercise any manner of Traffick in all those Kingdoms Countries and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with the aforesaid Most Christian King So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Vessels whatsoever belonging either to the King of Great Britain above mentioned or to his Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between his said Majesty and any Princes or People whatsoever in Peace Amity or Neutrality with the said Most Christian King II. Nor shall this Freedom of Navigation and Commerce be Infringed by occasion or cause of any War To extend to all Commodities but Contraband in any kind of Merchandises but shall extend to all Commodities which shall be carried in time of Peace those only excepted which follow in the next Article and are comprehended under the name of Contraband III. Under this name of Contraband What Goods are Contraband or prohibited Merchandises shall be comprehended only Arms Pieces of Ordnance with all Implements belonging to them Fireballs Powder Match Bullets Pikes Swords Lances Spears Halberds Guns Mortar-Pieces Petards Granadoes Musquet-Rests Bandeliers Salt-petre Musquets Musquet-Shot Helmets Corslets Breastplates Coats
their Ships with such Goods and Merchandises which said Ships being laden and Customs paid for the Goods shall not be detained in Port upon any pretence whatsoever nor shall the Laders Merchants or Factors who bought and loaded the Goods aforesaid be questioned after the departure of the said Ships for any matter or thing whatsoever concerning the same VI. And to the end that the Officers and Ministers of all Cities Tables or Lists of the Duties to be put up Towns and Villages belonging to either may neither demand nor take from the respective Merchants and People greater Taxes Duties Stipends Recompences Gifts or any other Charges then what ought to be taken by virtue of this Treaty and that the said Merchants and People may know and understand with certainty what is ordained in all things touching this It is Agreed and Concluded That Tables and Lists shall be put up at the Doors of the Custom-houses and Registries of all the Cities Villages and Towns of or appertaining to one or the other King where such Rights and Excises or Customs are usually paid in which how much and of what quality such Rights Customs Subsidies and Payments either to the Kings or any the aforesaid Officers are allowed shall be put down in Writing declaring as well the Species of what is Imported as what is carried out And if any Officer or any other in his name upon any pretence whatsoever in publick or secret directly or indirectly shall ask or receive of any Merchant or other person respectively any sum of Money or other thing by the name of Right Due Stipend Allowance or Recompence though it be by the way of voluntary Donative more or otherwise then aforesaid the said Officer or his Deputy being in such manner guilty and convict before a competent Judge in the Country where the Crime is committed shall be put in Prison for three Months and shall pay thrice the value of the thing so received of which the half shall be for the King of the Country where the Crime is committed and the other half for the Denunciator for the which he may sue his Right before any competent Judge of the Country where it shall happen VII That it shall be lawful for the Subjects of the King of Great Britain All kind of Goods freely to be Imported into Spain to bring out and carry into Spain and all or any Lands and Dominions of the King of Spain where heretofore they have used Trade and Commerce and Trade there with all kind of Merchandise Clothes Manufactures and things of the Kingdom of Great Britain and the Manufactures Goods Fruits and Kinds of the Islands Towns and Plantations to him appertaining and what shall have been bought by English Factors on this side or farther on the other side of the Cape of Buena Esperança without being enforced to declare to whom or for what Price they sell their said Merchandise and Provisions or being molested for the Errors of the Masters of the Ships or others in the Entry of the Goods and at their pleasure to return again out of the Dominions of the King of Spain with all or any Goods Estates and Merchandise to any of the Territories Islands Dominions and Countries of the King of England or to any other Place To pay onely for the Goods Landed paying the Rights and Tributes mentioned in the antecedent Chapters and the rest of all their Lading which is not brought to Land they may detain keep and carry away in their said Ship or Ships Vessel or Vessels again without paying any Right or Imposition whatsoever for it as if therewith they had never been within any Bay or Port of the Catholique King And all the Goods Prize Goods to be esteemed as English Estates Merchandise Ships or other Vessels with any things introduced into the Dominions or Places of the Crown of Great Britain as Prizes and judged for such in the said Dominions and Places shall be taken for Goods and Merchandise of Great Britain comprehended so by the intention of this Article VIII That the Subjects and Vassals of the Most Serene King of Great Britain may bring and carry to all and singular the Dominions of the King of Spain East-India Goods to be freely Imported into Spain any Fruits and Commodities of the East-Indies it appearing by Testimony of the Deputies of the East-Indy Company in London that they are of or have come from the English Conquests Plantations or Factories with like Priviledge and according to what is allowed to the Subjects of the Vnited Provinces by the Royal Cedulas of Contravando bearing date the 27. of June and the 3. of July 1663. and published on the 30. of June and 4. of July the same Year And for what may concern both the Indies and any other Parts whatsoever The English to have all Priviledges granted to the Dutch by the Treaty of Munster 1648. the Crown of Spain doth grant to the King of Great Britain and his Subjects all that is granted to the United States of the Low-Countreys and their Subjects in their Treaty of Munster 1648. Point for Point in as full and ample manner as if the same were herein particularly inserted the same Rules being to be observed whereunto the Subjects of the said United States are obliged and mutual Offices of Friendship to be performed from one side to the other IX That the Subjects of the King of Great Britain And to have all the Priviledges granted to the English residing in Andaluzia 1645. Trading Buying and Selling in any of the Kingdoms Governments Islands Ports or Territories of the said King of Spain shall have use and enjoy all the Priviledges and Immunities which the said King hath granted and confirmed to the English Merchants that reside in Andaluzia by his Royal Cedulas or Orders dated the 19. day of March the 26. day of June and the 9. day of November 1645. His Catholique Majesty by these Presents reconfirming the same as a part of this Treaty between the two Crowns And to the end that it be manifest to all It is consented That the said Schedules as to the whole substance thereof be passed and transferred to the body of the present Articles in the name and favour of all and singular the Subjects of the King of Great Britain residing and Trading in any Places whatsoever within His Catholique Majesties Dominions X. That the Ships or any other Vessels that shall belong to the King of Great Britain or his Subjects Navigating into the King of Spain's Dominions or any of his Ports shall not be visited by the Judges of Counterband or by any other Officer or Person by his own or by any other Authority nor shall any Souldiers English Ships how to be visited in Port. Armed men or other Officers or Persons be put on Board any of the said Ships or Vessels nor shall the Officers of the Custom-house of the one or the other Party search
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
Great Britain and the said States General of the United Provinces by Letters Patents on both Sides Sealed with the Great Seal in due and authentick Form within Four Weeks next ensuing or sooner if it can be done and that within the said time the Ratifications on both Sides shall be Exchanged at Breda and that presently after the Delivery and Exchange of the same this Treaty and Alliance shall be published in such Form and Place as is usual Done at Breda the 21 31 day of July 1667. THE SEPARATE ARTICLE IF it happen that any Tapistry Hangings Carpets Pictures or Houshold-Furniture of what kind soever or Precious Stones Jewels Rich Curiosities or other Moveable Goods whatsoever belonging to the King of Great Britain either now are or hereafter shall be found to be in the hands or power of the said States General or of any of their Subjects the said States General do promise that they will in no wise protect the Possessors of any Moveables appertaining unto the said King which Goods may be taken from them in such manner that they who shall make difficulty to restore them freely may not be dealt withall by any means contrary to Equity and Justice And the said States do promise to use their most effectual Endeavours that a plain and summary way of Proceeding may be taken in this Affair without the ordinary Form and Method of Process usually observed in Courts and that Justice be administred whereby His said Majesty may be satisfied as far as possibly may be without the wrong of any one Also That if any of those who are guilty of that horrible Treason and Parricide committed upon King CHARLES the First of most blessed Memory and lawfully Attainted Condemned or Convicted of the same either now are in the Dominions of the said States General or shall hereafter come thither as soon as ever it shall be known or signified to the said States General or any of their Officers they shall be apprehended put into Custody and sent Prisoners into England or delivered into the hands of those whom the said King of Great Britain shall appoint to take charge of them and bring them home Done at Breda the 21 31 day of July 1667. His Majesties Declaration concerning the Restoring of all Places Forts c. which his Subjects shall have taken or recovered from the Dutch after the 10 20 day of May last past CHARLES the II. by the Grace of God King of Great Britain France and Ireland Defender of the Faith c. We do hereby make known and testifie unto all and every person and persons whom it doth or may any way concern That whereas in the Treaty of Peace Concluded at Breda the 21 31 day of July 1667. between Us and the High and Mighty Lords States General of the United Netherlands it is Agreed in the third Article That each Party is to hold and possess for the time to come with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies as during this War or in any former Times before this War they have by force of Arms or any way whatsoever gotten or detained from the other Party after the very same manner as they had seized and did possess them on the 10 20 day of May last past not excepting any of the said Places And whereas furthermore for the avoiding of all matter of Strife and Contention which useth sometimes to arise by reason of Restitutions it is also Agreed in the sixth Article That if either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies and other Places after the said 10 20 day of May last past all and every of the Premisses without any distinction of Time and Place are forthwith to be restored in the very same Condition wherein they shall be found to be at the time whensoever certain notice shall come to those Places that the Peace is renewed We do hereby Require and Command all Our Governors Officers Commanders and Souldiers both by Sea and Land of what Quality and Condition soever they be as well within Europe as without that they do not onely forbear and totally abstain from all Hostility according to the Tenor of the foresaid Treaty but also if at any time it shall happen or come to pass that any Lands Islands Cities Forts Colonies and other Places wheresoever situated shall be taken from the United Netherlanders or recovered from them and brought under Our Power after the expiration of the said 10 20 day of May That they restore them all without any delay or excuse unto those Persons who shall exhibit these Letters Patents in such Condition as they shall be found in at the Time when the renewing of the Peace shall be notified there without any Diminution Detraction Waste or Embezilment whatsoever upon pain of Our highest Displeasure Given at Westminster the Nine and twentieth day of July Old stile and Eighth day of August New stile in the Year of our Lord 1667. and of Our Reign the Nineteenth Articles of Navigation and Commerce between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. WHereas by those Articles of Peace Preface Vnion and Alliance which are this Day Concluded between His Majesty the King of Great Britain and the States General of the United Provinces it is specially and carefully provided That all the dismal and calamitous effects of War may forthwith cease and that the Peace so much desired by all may be restored in all Kingdoms and Dominions of both Parties and unto all their Subjects and Inhabitants And the measure of Time and Affairs hath not permitted them to weigh in an equal Balance and thereby exactly to Adjust all and every thing and things which were to be observed and considered about the foresaid Articles especially about those which belong to the Rules of free Navigation and Trade and that it may be feared the Inhabitants and Subjects of both Parties may fall back again into new Quarrels and Dissentions and the Differences now Composed may bleed afresh if they be not bound up by some certain Laws about those things which concern Navigation and the 〈◊〉 Trade Therefore by the Mediation and Endeavâ—◠〈◊〉 the Swedish Ambassadors the forementioned 〈…〉 have further Agreed unto these Separate Art 〈…〉 I. THat all such Proclamations and Acts of State which either Party hath published All Acts c. contrary to the liberty of Trade abrogated by reason of this War to the prejudice of the other Party against the liberty of Navigation and Trade be abrogated on both Sides II. That for the Elucidation of that Act which the King of Great Britain caused to be published in the Year 1660. What Goods
into the Registry a List Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall shew the Officers and Marine Judges this his present Licence and having finished his Voyage shall make faithful relation of what hath been done and hath passed during all the time of his said Voyage and shall carry the Flags Arms and Colours of his Majesty throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed And underneath By _____ and Sealed with the Seal of the Arms of the said High Admiral A Form of the Act containing the Oath to be taken by the Master or Captain of the Ship WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Given at _____ the day of _____ One thousand six hundred c. In testimony whereof we have hereunto set our Hands The Form of the Certificates that ought to be given by the Burgomasters of the Cities and Sea-Ports of the United Provinces to the Ships and Vessels that go from thence according to the Eighth Article abovesaid TO the Most Serene Most Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Commonwealths Princes Dukes Comtes Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomastersand Governors of the City of _____ do certifie That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the Vnited Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you and every of you where the abovesaid Master shall arrive with his Ship and Goods that you will please to receive him courteously and use him kindly admitting him upon paying the usual Dues Tolls and other Customs to enter into remain in and pass from your Ports Rivers and Territories and there to Trade Deal and Negotiate in any Part or Place in such sort and manner as he shall desire Which we shall most readily acknowledge in the like occasion In witness whereof We have caused the Seal of Our City to be thereunto put In Witness and Confirmation of all and every part whereof We the Commissioners of His said Majesty the King of Great Britain and of the said Lords the States General having sufficient Power given us thereunto have Signed these Tables and Sealed them with our Seals At the Hague in Holland the 17. of Febr. in the Year One thousand six hundred sixty eight De Gellicum B. d' Asperen John de Witt Van Crommon G. Hoolck V. Vnckell Jan. Van Isselmuden L. T. Van Starckenborck A Treaty of Friendship and Commerce between His Majesty of Great Britain c. and the Most Serene Prince the Duke of Savoy Concluded at Florence the 19th day of September 1669. The Instrument of Commerce with the Duke of SAVOY THe convenient Situation of the Port of Villa Franca in the Mediterranean Sea and the Capacity of the same together with the Security of it in all respects have been efficacious Motives to His Most Serene Highness the Duke of Savoy for the Exhibiting and Pronouncing the same Free to the whole World with a Belief that it might in time prove advantageous to the Publick and to His Royal Highness in particular But it so falling out that the vigour of things which are established by the best Counsel in process of time are rendred languid and subject to mutation It has therefore pleased His Royal Highness not only to reconfirm the Free State and Condition of his Port But over and above to offer the same to His Majesty of Great Britain c. encreased with new Priviledges and augmented with inviolable Capitulations To these Motives a most valid and reciprocal Inducement joyns it self To wit the Luxuriant Fertility of Soil which is obvious in the Kingdoms and other Plantations which are under the Dominion of His Majesty of Great Britain c. As also in the Dominions of His said Royal Highness which superfluity since it is so properly and naturally transmitted and emptied into the mutual Territories with the reciprocal fruit and advantage of the Subject 'T was easie for both Princes between whom there passed long since the Tyes of an Ancient Friendship confirmed by repeated Alliances and by late conjunction in Bloud to entertain thoughts of superadding the new Tye of mutual Commerce by which they might upon the score of advantaging their Subjects further Oblige and reciprocally Engage themselves to each other To this end and purpose it has pleased His Most Excellent Majesty by His Letters Patents under the Great Seal of England to constitute Sir John Finch Knight now Resident for His Majesty of Great Britain with the Great Duke of Tuscany His true and lawful Attorney with a Plenipotentiary Power as appears out of the Letters Patents themselves And to the same intent and purpose His Royal Highness has thought good to invest with the same Power and Authority Signor Joseph Maurice Philippone His Counsellor Auditor and Procurator General of His Revenue As is likewise apparent from the Letters Patents of His Royal Highness Both which Plenipotentiaries after several Meetings have finally Concluded as follows ARTICLES COVENANTED I. FIrst The Peace Confirmed Since Commerce was always the Companion of Peace That Peace which for many Years was never interrupted by War is now Ratified Established and Confirmed between the Most Potent Monarch CHARLES the Second King of Great Britain c. and His Royal Highness CHARLES EMANVEL the Second of that Name Duke of Savoy c. Both whose Subjects are obliged as well by Sea as Land upon all occasions to perform to each other all Actions of mutual Civility and Kindness II. Secondly It shall be permitted to English to Import freely all sorts of Goods and Land them without Confiscation or Imposition and lawful for all sorts and kinds of Ships and Vessels belonging to his Majesty the King of Great Britain c. or any of his Subjects to conduct and bring into the Ports of Villa Franca Nizza or S. Hospitio all things whatsoever or all kinds of Merchandise whether produced by Nature or made by Art in any part of the World All which things or Merchandise so brought shall freely and lawfully by the Captains or Masters or any
under them or by the Merchants or Factors his Majesties Subjects be Landed and brought into the Houses of the said Merchants or Factors or into any Magazines or Warehouses out of their Houses in the said Ports and there conserved and kept by them as long as they please without Confiscation Imposition of Custom or Exaction of any Duty whatsoever To Reexport what they cannot sell Furthermore if all the said things or any part of them shall not be sold in the said Ports it is and shall be lawful for the said Captains Masters Merchants or Factors his Majesties Subjects freely to send all or any part of the said things by Sea to whatsoever other Place they please without paying any Custom Duty or any sort of Imposition whatsoever III. Thirdly That all and every sort and kind of things Goods sold and sent elsewhere by Sea to pay no Imposition and Merchandise which shall be sold in Nizza Villa Franca or S. Hospitio and after the Sale made shall be dispeeded or sent by Sea into the Territories of any other Prince both in respect of the Seller and Buyer shall always be free and clear from all Custom Duty or Imposition whatsoever But as to all those things and Merchandises which after the Sale made in the said Places But such as are carried by Land to be exempt for Ten years only shall pass by Land into the Territories of any other Prince it is also Covenanted and Agreed That during the space of Ten years to ensue from the day of the Publication of this present Agreement all such Goods shall be free and clear from all Custom Duty or Impost whatsoever for their Passage by Land and from any other Penalty whatsoever both in respect of the Buyer and Seller After which to pay one half of what is Imposed by the Tariffe of 1633. Which Ten years being expired if his Royal Highness will not further Confirm this freedom of Passage according to the aforesaid Form and Manner In such case for all and every the said things which after Sale made pass by Land as aforesaid shall be paid only one half of the Imposition or Duty which is exacted for Passage in the Rates or Tariffe Printed in the end of the Order published the 30th October 1633. IV. Fourthly Goods coming from any of the Kings Dominions to be freely sold in all the Dukes Territories All and every sort and kind of things or Merchandise which are produced by Nature or made by Art in any of his Majesties Kingdoms or in any Plantations of the West or East Indies or any other Territories which at present are or hereafter shall be under the Dominion of his Majesty may and shall be freely sold by the Subjects of his Majesty throughout all the Dominions of his Royal Highness and any part of his Territories or Places of Jurisdiction without any Prohibition or Penalty What Goods excepted notwithstanding whatsoever Law or Edict to the contrary Excepted always and only Salt Tobacco Gunpowder Match Birding-shot Bullets Whalebone Cards of all sorts because 't is the Custom to Farm out the Liberty of selling these mentioned things Which may yet be sold to the Farmers of the Liberty of selling those Goods as Monopolies to particular Persons Notwithstanding free leave is granted to his Majesties Subjects according to what is expressed in the second Article to receive and keep within their Houses or Warehouses all the aforesaid forbidden Commodities without any Custom Duty or Penalty Nay further free leave is granted to his Majesties Subjects to sell the said forbidden Commodities to the Monopolists or Farmers themselves But all sorts of Merchandise except the aforesaid Prohibited ones which shall be introduced and brought into the Ports of Villa Franca Nizza or S. Hospitio when they shall be extracted out of the said Ports to the end that they may be vented and sold within the Dominions of his Royal Highness he alone that extracts them All other extracted to be sold to pay half Custom of what is specified in the Tariffe whether he be the Buyer or the Seller shall pay only one half of that Custom or Duty which is specified in that Book of Rates or Tariffe a Printed Copy of which under-written by the Procurator of his Royal Highness was by him delivered to Sir John Finch which Duty or Custom once paid nothing more shall be paid within the Dominions of his Royal Highness either by the Buyer or the Seller for the said Goods or Merchandise with express Declaration All Woollen Manufactures or other Goods not specified in the Tariffe to pay One and a half per Cent. that for all Woollen Manufactures or whatsoever Commodities aforesaid which as it appears are not specified in the aforesaid Books of Rates or Tariffe shall be paid Duty or Custom one and a half per Centum that is half only of the Three per Centum imposed upon all Commodities which are not specified in the mentioned Book of Rates by the last Article or Lines of it which Duty or Custom being once paid nothing more shall be paid neither by the Buyer nor Seller within the Dominions of his Royal Highness V. Fifthly It is Covenanted and Agreed That all sorts of Ships and Vessels belonging to his Majesty of Great Britain c. or any of his Subjects which shall set Sail from England or any Place under the Dominions of his Majesty or out of his Majesties Dominions not being infected with the Plague and shall arrive at the Ports of Nizza Ships arriving with Bills of Health to be admitted to immediate Prattick Villa Franca or S. Hospitio with Certificates or Patents of Good health having in their Voyage had no Commerce with any Places or Persons suspected to be infected with the Plague are and ought to be free and clear from making Quarantena or any days whatsoever of purgation and there shall be immediately granted to the Persons in the said Ships present and free Commerce or Prattick and all things and Merchandise of whatsoever sort or kind brought by the said Ships shall immediately without any delay be permitted freely to be Landed and carried into the Houses or Warehouses of the Merchants his Majesties Subjects in Nizza Villa Franca But without such Certificates to be subject to the Quarantena or S. Hospitio But if the above-mentioned Ships shall arrive without a Certificate or Patent of Good health or if in their Voyage they shall have practised or had Commerce with any Persons or Places suspected of the Plague In such case both Persons and Goods shall be subject to Quarantena or Purgation but the days of Quarantena or Purgation shall be shortned both in respect of the Persons and Goods as much as the care of preserving the Publick Health can possibly permit The Lazaretto Duties not to be altered but by the Consul and Merchants consent but what Merchandize is subject to the
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
General shall complain of the unjustness of Sentences the said States will cause a Review and Examination thereof to be made in the Assembly of the States General that it may appear whether the Orders and Precautions prescribed in this Treaty have been observed and have had their due Effect and they will likewise take care that the same be fully provided for Goods not to be sold before Sentence or during the Review and that Right be done to the Party complaining within the space of Three months Nevertheless it shall not any ways be lawful to Sell or Unlade the Goods in Controversie either before the Sentence given or after it during the Review thereof on either Side unless it be with the consent of the Parties interessed XIII A Suit being Commensed between the Takers of Prizes on the one Part Sentence in case of Prizes being given for the Reclaimer shall be put in Execution notwithstanding the Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchants Ships No Master or Mariner of a Ship taken to be used cruelly or tortured and likewise the Mariners and Passengers do sometime suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an inhumane manner Tormenting them thereby to extort from them such Confessions as they would have to be made It is Agreed That both his Majesty and the Lords the States General shall by the severest Proclamations or Placaets forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a Terror to others And shall Command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively If they have been Tortured the Ship and Lading shall be free And every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceedings against her as well Judicial as otherwise XV. It is also Agreed Neither Parties Subjects to take Commissions from a third Party That the like severity of Punishments shall be inflicted upon those who contrary to the meaning of the One and twentieth Article of the Treaty of Peace Concluded at Breda shall take Commissions from Enemies to seise the Ships of either Allie or Party contrary to what is Provided in the said Article XVI Lastly To be Ratified within Two months It is Agreed and Concluded That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two months from the Date hereof rightly and reciprocally Exchanged between both Parties And Copies to be sent to all Colonies c. And also that the said Treaty shall within One month after such Exchanging of the Ratifications be delivered in due and authentique Form to the Governors of the English East-India and Africa Companies and to the Directors of the Dutch East and West-India Companies and shall with the first Conveniency be also sent by his said Majesty and by the said Lords the States to their respective Governors and Commanders in Chief of their Colonies and Plantations in every Part of the World out of Europe to the end that it may be by them and all others within their Domions and under their Power punctually observed and fulfilled The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within His Majesties Dominions to the Ships and Vessels Sailing out thence according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ Judge of the High Court of the Admiralty of _____ _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ _____ in _____ the _____ day of _____ in the Year of our Lord _____ The Form of the Passport or Sea-brief to be asked of and given by the Burgermasters of the Cities and Ports of the United Netherlands to the Ships or Vessels Sailing from thence according to the Purport of the Fifth Article TO the most Serene most Illustrious most Mighty most Noble most Honorable and most Prudent Emperors Kings Governors of Commonweâ—lths Princes Dukes Earls Barons Lords Burgermasters Schepens Counsellors Judges Officers Justices and Rulers of all Cities and Places as well Ecclesiastical as Secular to whom these Presents shall be shewn We the Burgermasters and Rulers of the City of _____ do
shall exceed the value of 4000 Aspers shall always be heard and decided at our Imperial Port. XXV The English Nations Consul No Consul to be imprisoned nor dismissed c. or Resident in any Port of our Dominions being established by the Ambassador Resident for the English Nation our Ministers shall have no power to Imprison or Examine or Seal up their Houses nor to dismiss or displace them from their Charge and Office but in case of any Difference or Suit with the Consul there shall be made a Certificate to the Imperial Port to the end that the Ambassador may protect and answer for them XXVI When any Englishman The Goods of Englishmen dying not to Escheat c. or other under their Banner shall die in our Dominions with 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 without any Owner shall not meddle take or seise any part thereof but they shall always be consigned and remaining to such other English as the Deceased shall by his Testament assign and if he died Intestate then the English Conful shall take and receive his Faculties and Goods and if there be no Consul the English Resident there shall take the Possession and in case there be neither Consul nor English the said Goods and Faculties whatsoever shall be received into the custody of the Caddee of that Place and having advised the English Ambassador thereof the said Caddee shall resign all the said Goods unto such Persons as the Ambassador shall send with Commission to receive them XXVII All these Priviledges and other Liberties granted to the English Nation and those who come under their Protection by divers Imperial Commands whether before or after the Date of these Imperial Capitulations shall be always obeyed and observed and shall always be understood and interpreted in favour of the English Nation according to the Tenor and true Contents thereof XXVIII Neither the Officer called the Cassam or Gatherer of the Caddees Duties in case of Death nor the Caddee In cases of Death the Caddee not to meddle shall pretend or take of the said English Nation any kind of Tenths or Casmets or Fee of Division XXIX The Ambassador of the King of England No Janizary c. to be imposed on us without our consent or Consul Residing in our Dominion shall and may take into their Service any Janizary or Interpreter at their own charge and choice and no Janizary nor other our Slaves shall put themselves or intermeddle with their Service against their liking or consent XXX The Ambassador of his Majesty of England and Consul and the English Nation Residing in our Empire for the use of their own Persons and Families For making Wine making Must or Wine in their own Houses none of our Ministers Caddees or Janizaries shall molest or hinder them or demand any Duties or Money or do them any violence or impediment XXXI In the Port of Constantinople Aleppo Alexandria Customs paid in one Port are not to be demanded in another Scio Smyrna and in other Parts of our Dominions the English Merchants having paid the Custom of their Merchandise according to the Tenor of the Imperial Capitulations no man shall molest or trouble or take from them any thing more and whatsoever Merchandise shall be loaden upon their Ships and brought in our Dominions and Landed at any Scale they being desirous to lade it again and to Transport it to any other Scale or Port the same Goods arriving in the second Place and Scale and being there unladen neither the Customer nor Farmers nor any other our Officers shall pretend or take again any Customs or Gabels of the said Merchandise that the said Nation may always freely and securely Trade and follow their Business XXXII Neither of the English Nation No Hassapie Duties nor of any Trading under their Banner there shall not be demanded nor gathered one Asper nor any Money in the name of Imposition Hassapie or Compositions for Flesh for the Janizaries XXXIII There having been in Times past a Difference between the Ambassador of the Queen of England and the French Ambassador both Resident in our Port about the Merchants of the Dutch Nation both which Ambassadors sent their Petitions to our Imperial Stirrup and made Request That the said Dutch Merchants coming into our Dominions should pass under their Banner which Request of both Ambassadors was granted under our Imperial Seal notwitstanding Sinan Bassa the Son of Cigala Captain of the Sea now deceased as Admiral and practised in Maritime Cases having advised the Imperial Majesty that it was fit and convenient that the Dutch Nation should be assigned to the Protection of the Ambassador of England and that it should be so written in their Capitulations which Opinion being by all the Viziers approved by Express Order and Imperial Authority it was Commanded That the Dutch Merchants of the Provinces of Holland Zealand Friezland and Guelderland that is All Strangers to come under the English Protection the Merchants of those four Provinces Trading in our Dominions shall always come under the Banner of the Queen of England as all other English do and that of all the Goods and Merchandise which they shall or do Import or Export to and from our Dominions in their Vessels they shall pay the Duties of Consulage and all other Duties to the Ambassador or Consul of the Queen of England and that never hereafter the French Ambassador or Consul shall insinuate nor intermeddle herein And accordingly it was Commanded that for the time to come it should be ruled and observed according to this present Capitulation After which there being arrived another Ambassador at this High Port sent from the King of England with Letters and Presents which were most acceptable the said Ambassador did make Request that certain other necessary Articles should be added and written in the Imperial Capitulations of which the first was As in Times past in the Days of one of our Forefathers of famous memory Sultan Soliman Han there was granted a certain Capitulation and Priviledge That the Merchants of the Spanish Nation Portugal Ancona Sevilla Florence Catalonia and all sorts of Dutchmen and other Merchant-Strangers might safely and securely go and come through all the Places of our Dominions and Trade and Traffick granting unto them moreover that in any part of our Empire they might establish their Consuls But it being that every Nation apart was not able to defray the Charges and Maintenance of a Consul it was then left to their will and choice to come under the Banner of such Ambassador or Consul as should best like them provided that it were an Ambassador or Consul of a King in Peace and Amity with our High Port upon which Grant and other Priviledges given them there were often granted divers Imperial Commands and Constitutions being so desired by Merchant-Strangers
Han with his Imperial Hand and Seal did presently give express order and command That in the time to come all those Articles and Priviledges which were already in the Imperial Capitulations and those Articles which now are therein by our order newly added shall be of all our Subjects and Slaves duly obeyed and observed according to the sincere meaning of this our Imperial Capitulations XLVIII In as much as it is publickly known That certain Pyrates of Tunis and Algier contrary to our Imperial Capitulations Mind and Will do take and rob in the Seas the Ships Merchandise and Men Subjects to his Majesty of England and of other Kings and States in League with this our Imperial Port to the great Damage and Injury of the said English Nation We do Command Against the Pyrates of Barbary and by these Presents we do Ordain That several Imperial Commands be given for the entire restitution of all Goods and Merchandise to the English Nation so taken away And that all such English as have been taken and made Slaves or imprisoned by the said Pyrates shall be immediately set free And after the Date of this our Imperial Capitulations if it shall be known that the said Pyrates of Tunis and Algier shall rob them again and shall use and continue their outrages and will not restore their Goods and Men We do Command that the said Pyrates be not received into any Port of our Dominions especially into the Scales of Tunis Algier Modon or Coron Our Beglerbegs and other Ministers shall not suffer them to enter nor harbour nor receive them but the Beglerbegs Caddees or other Ministers shall persecute banish and punish them XLIX Being informed that in our Dominions many of our Customers and other Officers in Aleppo contrary to the Imperial Capitulations under colour of taking Custom and Rest upon Silk of the English Merchants have violently taken from the said Merchants a great Sum of Money And whereas in the Imperial Capitulations it is written No Rest to be taken that for Silk which the English shall buy in Aleppo they shall pay as the French and Venetian Merchants do and no more Notwithstanding the said Customers besides the Two and half per cent for Custom and Rest have taken from that Nation a great Sum of Money lately under Name of Rest wherefore we Command that this Business shall be examined and that the said Money be restored back and for the time to come the ancient Custom may be kept and that this Nation shall only pay as the French and Venetian do and that never be taken one Asper by Name of such Imposition L. Whereas the English Merchants Resident in Galata ordinarily buy divers Goods and Merchandise before they can Lade or send them away upon their Ships and do pay unto the Customers the Custom of the said Goods receiving a Bill or Acquittance to have paid the same and after carry the same Merchandise to their own Warehouses In the mean time before they can Load and send away the said Goods it happens that either the Customer dies or is removed from his Charge and the new Customers will not accept of the said Acquittances but pretend another Custom troubling and molesting of them many ways The Discharge of one Customer a sufficient Acquittance against him that succeeds Wherefore We do Command That of all the Merchandise which they shall buy it appearing really that he hath paid once his Custom the Customer shall accept of the said Acquittances and shall not demand of the Merchant a second Custom LI. It being usual to buy in Angora Chamblets Mohairs Silks and other sorts of Merchandise which they Transport to Constantinople and other Places of our Dominions and pay their Customs taking Acquittances for the same and so put the Goods into their own Warehouses And after being desirous to Ship them away the Customers do demand again the Custom Therefore for the time to come No Custom to be paid twice when the said Merchants shall desire to Lade such Goods and it be true that they have already paid their Custom of such Merchandise they shall not demand any second or new Customs Provided that the said Merchants do not mingle their Goods which have not paid Custom with those which have already paid Custom LII The English Merchants of all the Merchandise which they shall bring into our Dominions and of the Merchandise which they carry out of our Dominions as Silk Chamblets and other Goods having paid the Custom and not sold the Goods unto another And being afterwards to Ship it away for Scio Smyrna or any other Scale and the said Goods there arriving the Customers and Officers shall always accept of their Acquittances which they have in their hands and shall not take other Custom of their Merchandise LIII The English Merchants of all the Commodities which they shall bring to Constantinople or to any other Port of our Dominions and of all such as they shall Transport Mestaria to be paid at Galata the Mestaragi of Galata and Constantinople shall take their Mestaria or Brokidge according to the ancient Canon and Usance that is of such Merchandise as of old Custom was wont to pay it of such they shall onely take Mestaria but of such Merchandise as was not anciently accustomed to pay it shall not be taken Mestaria contrary to the ancient Canon No Duties to be raised above the accustomed Usance Farther upon the English Merchandise there shall not be made or laid any Impositions or other Duties nor from the said Nation shall not be taken one Asper more which shall be contrary to the ancient Canon and accustomed Usance LIV. The English Nation shall and may freely come into all the Ports of our Dominions to Negotiate and bring in Cloth Kersie Spice Tin Lead and all other Merchandise and no man shall do them any hindrance or molestation In like manner except only Goods prohibited they shall and may buy and Export all sort of Merchandise without the prohibition or molestation of any man and the Customers and other Officers the said Nation having paid their Custom according to this Imperial Capitulation and the ancient Use shall not demand of them any thing more In the time of the happy memory of my Uncle Sultan Murat Han the King of England sent his Ambassador Sir Sackville Crow Baronet with his Present and Letter which was received in good part and the time of his Embassie being expired Sir Thomas Bendish arrived to Reside at the Port with his Present and courteous Letter the which was in like manner well accepted And the said Ambassador having tendered the Imperial Capitulations formerly granted that according to the ancient Canon they might be renewed It is hereby again commanded that all the Points and particular Articles therein be observed and maintained LV. And because contrary to the sence and tenor of them No Goods to be forced violently out of the Ships the
Rule of Justice and Equity by Judges beyond all Suspicion and not any ways concerned in the Cause under Debate And his Majesty of Great Britain and the most Christian King will likewise give strict Orders that all Sentences already given and which shall be hereafter given be according to the Tenor thereof duly put in Execution and obtain their Effect XII And whensoever the Ambassadors or other Publick Ministers of the King of Great Britain Residing in the Court of the most Christian King shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea In case of Complaint against Sentences upon Prizes the French King to cause the said Sentences to be Revised in his Privy Council and belonging to the Subjects of the King of Great Britain then the said most Christian King on Demand of the said Ambassadors or Ministers of the King of Great Britain shall cause the said Sentences to be Reviewed and Examined in his Privy Council and shall Confirm or Revoke the Sentences wheresoever given And likewise the said most Christian King shall take care that Right be done to the Party complaining within the space of Four Months to be accounted from the Day of making such Demand In like manner if the Ambassadors And the King of England to appoint Commissioners to the same purpose or other Publick Ministers of the most Christian King Residing in the Court of the King of Great Britain shall complain of the unjustness of Sentences which have been given concerning Ships or Merchandise taken at Sea belonging to Subjects of the said most Christian King the said King of Great Britain shall forthwith Commissionate under his Great Seal Nine of his Privy Council to Adjudge such Matters and to Confirm or Revoke the Sentences wheresoever given and the said Commissioners shall meet within the space of One Month from the Day of deliveirng the Complaint And likewise the King of Great Britain shall take care that Right be done the Party complaining within the space of Three Months to be computed from the first Day of the meeting of the said Commissioners XIII A Suit being Commenced between the Takers of Prizes on the one Part Sentence against a Privateer to be put in Execution notwithstanding his Appeal and the Claimers thereof on the other and a Sentence or Decree being given for the Party Reclaiming the said Sentence or Decree upon Security given shall be put in Execution notwithstanding the Appeal made by him that took the Prize which shall not be observed in case the Sentence shall be given against the Claimers XIV And whereas the Masters of Merchant Ships and likewise the Mariners and Passengers do sometimes suffer many Cruelties and barbarous Usages when they are brought under the power of Ships which take Prizes in time of War the Takers in an Inhumane manner tormenting them thereby to extort from them such Confessions as they would have to be made No Master or Seamen to be Tortured it is Agreed That both his Majesty of Great Britain and the most Christian King shall by the severest Proclamations or Edicts forbid all such hainous and inhumane Offences and as many as they shall by lawful Proofs find guilty of such Acts they shall take care that they be punished with due and just Punishments and which may be a terror to others and shall command that all the Captains and Officers of Ships who shall be proved to have committed such hainous Practises either themselves or by instigating others to act the same or by conniving while they were done shall besides other Punishments to be inflicted proportionably to their Offences be forthwith deprived of their Offices respectively Upon proof of Torture the Ship to be forthwith Discharged and every Ship brought up as Prize whose Mariners or Passengers shall have suffered any Torture shall forthwith be dismissed and freed with all her Lading from all further Examination and Proceeding against her as well Judicial as otherwise XV. It is also Agreed Those that take Commissions from the Enemies of either Party against the other to be punished That the like severity of Punishments shall be inflicted upon those who shall take Commission from Enemies to Seize the Ships of either Ally or Party XVI Lastly It is Agreed and Concluded This Treaty to be Ratified in Two Months That this present Treaty and all and singular the things therein contained shall be with all convenient speed on both Sides Ratified and Confirmed and that the Ratifications thereof shall be within Two Months from the Date hereof rightly and reciprocally Exchanged between both Parties Dated at St. Germains in Laye the Twenty fourth day of February in the Year of our Lord 1677. The Form of the Passport or Sea-brief to be asked of and given by the Lord High Admiral or by those to whom the Exercise of Admiralty-Jurisdiction is ordinarily committed or by the Mayor or other chief Magistrate or by the Commissioners or other principal Officers of the Customs in their respective Ports and Places within the Dominions of the King of Great Britain to Ships and Vessels according to the Purport of the Fifth Article TO all unto whom these Presents shall come Greeting We _____ Lord High Admiral of _____ We _____ Lords Commissioners Executing the Office of the Lord High Admiral of _____ or We _____ the Mayor or other Magistrate of _____ or We _____ Commissioners or principal Officers of the Customs in the City or Port of _____ Do Testifie and make known That _____ Master or Commander of the Ship called the _____ hath appeared before Us and hath declared by solemn Oath That the said Ship or Vessel containing about _____ Tons of which he is at present Master or Commander doth belong to the Inhabitants of _____ within the Dominions of the Most Serene and Mighty Prince the King of England Scotland France and Ireland Defender of the Faith c. So help him God And in regard it would be most acceptable to Us that the said Master or Commander be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Commander shall arrive with his Ship and the Goods Laden on Board and carried in her that you would please to receive him courteously and use him kindly and admit him upon paying the lawful and usual Customs and other Duties to enter into remain in and pass from your Ports Rivers and Dominions and there to enjoy all kind of Right of Navigation Traffick and Commerce in all Places where he shall think fit Which We shall most willingly and readily acknowledge upon all Occasions In Testimony and Confirmation whereof We have with Our Hand Signed these Presents and caused them to be Sealed with Our Seal Dated at _____ the _____ day of _____ in the Year of our Lord _____ And the like Form of Passport mutatis mutandis shall be used by the