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A32664 Several treaties of peace and commerce concluded between the late King of Blessed Memory deceased, and other princes and states; Treaties, etc. England and Wales.; England and Wales. Sovereign (1660-1685 : Charles II) 1685 (1685) Wing C3604B; ESTC R7402 152,866 274

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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
The Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting Sail from thence TO all unto whom these Presents shall come We the Governours Consuls or chief Magistrate or Commissioners of the Customs of the City Town or Province of N. do testifie and make known That N. N. Master of the Ship N. hath before Us under solemn Oath declared That the Ship N. of _____ Tun more or less of which he is at present Master doth belong to the Inhabitants of N. in the Dominions of the Most Serene King of Great Britain And We desiring that the said Master may be assisted in his Voyage and Business do intreat all Persons in general and particular who shall meet him and those of all Places where the said Master shall come with the said Ship and her Merchandise that they would admit him favourably treat him kindly and receive the said Ship into their Ports Bays Havens Rivers and Dominions permitting her quietly to Sail Pass Frequent and Negotiate there or in any other Places as shall seem good to the said Master paying still the Toll and Customs which of Right shall be due Which we will acknowledge gratefully upon the like Occasions In witness whereof We have Signed these Presents and Sealed them with the Seal of our Town WILL. GODOLPHIN Don PEDRO FERNANDEZ del Campo y Angulo The Copy of a Patent containing several Gracious Priviledges lately Granted by the High and Mighty Philip the Fourth King of Spain c. Which are Confirmed by the foregoing Treaty and whereof mention is made in the ninth Article of the said Treaty DON PHILIP By the Grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugal Navarre Granado Toledo Valencia Galicia Majorca Sivilla Sardinia Cordoua Corsega Murica Jaen the Algarves Algesira Gibraltar the Islands of the Canaries the East and West-Indies Islands and firm Land of the Ocean Sea Arch-Duke of Austria Duke of Burgundy Brabant and Milan Earl of Haspurg Flanders Tiroll and Barcelona Lord of Biscay and Molina c. WHereas on the behalf of you Richard Anthony Consul of the English Nation for your self and in the Name of the Subjects of the King of Great Britain it hath been shewed unto me That by virtue of the Peace which is Concluded in this and that Realm you do Reside and Trade in Andaluzia and specially in the Cities of Sivil St. Lucar Cadiz and Malaga desiring Me to be pleased to Confirm unto you the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmations thereof and other Favours and Graces which My Lord and Father of glorious Memory did Grant unto you and all such others which have been given you by the Crowns of My Realms of Castile and Portugal and to Command that they may be in and for all things observed and accomplished unto you without any Limitation and for further assurance to Grant them anew unto you with the Qualities Amplitudes and Declarations which shall be most convenient for you and to set Penalties upon such as shall contradict and not observe them unto you and to the end it may be known what they are to grant them Copies thereof or of that which My Favour shall be And I taking the Premisses into Consideration and because for the Occassions which I have for My Wars you have offered to Serve me with 2500 Ducats of Silver to be paid 1000 in ready Money and theremaining 1500 in the Month of April of this Year whereof the Licentiate Francis Moreno which in reversion of Don Anthony de Campo Redondo y Rio Knight of the Order of Santiago one of My Council and Chamber and of the Treasury in your Name and by virtue of your Power did acknowledge a Writing of Obligation in form before John Cortez de la Cruz My Notary I do hold it for good And by these Presents of My own motion and certain knowledge and Royal and absolute Power which I in this behalf will make use of and do use as an absolute King and Lord not acknowledging any Superior in matters Temporal do Confirm and Approve the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmation thereof and also the other Favours and Graces which My Lord and Father did Grant unto you and others whatsoever which have been given by My Crowns of Castile and Portugal unto the said Subjects in and for all things as therein and every thing and part thereof is specified contained and declared to the end they may be firm stable and of value and be observed kept and accomplished unto you For my deliberate intent and will is that all those of the said Nation shall enjoy thereof without any limitation in such manner that during the time the said Englishmen shall reside in Andaluzia neither you nor they may be charged with any Office or publick Charge nor Council Tutorship Curatorship Receivers or Treasurers although they be of Customers and Millions or other Services which concern my Royal Treasury and much less they may demand of you any Loans or Donations or take from you any Rights or your Rents Horses or Slaves And to do you the more Favour or Grace according to that which is Agreed by the said Peace I do will and promise that you shall and may Deal and Trade freely and Sell your Merchandise and Fruits and Buy those of my Realms and carry them forth observing that which is Ordained and Commanded by the Laws and Statutes which make mention thereof and paying to my Royal Treasury the Duties or Customs which ought to be paid prohibiting as I do Prohibit and Command not to take from you by force any Merchandises Wheat or Barley although it be for the making ready or furnishing my Armies Fleets or Gallions nor for Purveyors or Stewards and the Priviledges are to be concerning the Wheat and Barley according to the Tun and concerning the other Things and Merchandises as you shall Conclude and Agree but they may not take them out of your possession until they have paid for them unless for the same there be leave given that they do not molest and trouble you And forasmuch as many of you do Treat to bring into the Ports of Andaluzia the City of Sivil and other Places great quantity of New-found-land Fish and other sorts of dry and salted Fish because they are Victuals which are very necessary and that you have been and are put to great Charges and are much troubled I do Will and Command to be kept the Ordinance of the City of Sivil whereby it is Ordained That those which come in with dry or salted Fish there shall not be any Price or Rate set upon them but they shall be permitted to sell at such a Price as they shall think good and it shall not be necessary to manifest