THE CAPITULATIONS AND ARTICLES Of peace between the MAJESTY of the KING OF ENGLAND, SCOTLAND, FRANCE, & IRELAND etc. And the SULTAN of the OTTOMAN EMPIRE, as they have been augmented, & altered in the times of every Ambassador: And as now lately in the City of Adrianople in the month of january 1661. they have been augmented, renewed, & amplified with divers additional articles, & privileges, which serve towards the maintenance of a well grounded Peace, 〈◊〉 security of the trade, & traffic of his Majesty's subjects in the Levant, by his Excellency HENEAGE EARL OF WINCHILSEA Ambassador Extraordinary from his MAJESTY CHARLES THE SECOND KING OF GREAT BRITAIN, FRANCE, & IRELAND to SULTAN MAHOMET HAN the Most Puislant PRINCE, & EMPEROR of the TURKS. Set forth, & Published by PAUL RICAUT Esquire Secretary to his Exc llencie the Lord Ambassador. Licenced by his EXCELLENCIES special Order. Printed at CONSTANTINOPLE by Abraham Gabai chaff nahat. in the year of our Lord 1663. THE EPISTLE DEDICATORY TO THE RIGHT WORSP. LL S R ANDREW RICCARD GOVERNOR, THE DEPUTY, & ASSISTANTS OF THE COMPANY OF MERCHANTS TRADING IN THE LEVANT SEAS. RIGHT WORSP. LL S R & S RS Having been often solicited by the Consuls of the several Factories in Tur●y, & by other private merchants my esteemed friends, for true copies of the Capitulations, we have with the Grand Sig. as they were last renewed, & enlarged with advantageous additions, & privileges by his Excellency the Earl of winchilsea Our present Lord Ambassador; I apprehended that printing some copies thereof, would excuse me from a greater pains, then transcribing so many would be, as might satisfy my friends, & would serve for a good light, & information to every member concerned in the Levant trade, of the true extent of the articles we hold with the Turkish Empire, that so they may neither omit to take those advantages in their trade, which Our Capitulations allow, nor ignorantly confiding to what was never granted, & agreed, run into those errors, which your common purse hath so often been forced to rectify, & repair. These Capitulations, or articles of peace first opened our traffic with the Turks in the Reign of Queen Elizabeth, about 80 years past, & since have been explained, & enlarged in the time of almost every Ambassador with such alterations, as the state of affairs, & the abuses, & iniquity of the times suggested: And yet all the vigilance, & caution of the many wise, & resolute Ministers, that have acted in his Embassy, could never (nor never will) be able to provide those prudent remedies, that may be proof, & a guard impregnable against the pretences, & violence o● the Turkish avarice. The present ●mbassadour, my most esteemed Lord (whom I have the honour to serve as Secretary of his ovv●●, & the affairs of your Right Worshipful society) hath contributed an affectual addition to this work, which by advice, & information from all the Factories in Turkey of their respective aggrievances, is as amply confirmed, as the hand, & authority of the Emperor, & la of nations can establish: to which proposals tendered by the merchant's, the war then hot with Algiers, occasioned his Excellency to insert o●her cautions, against the piracies of Barbary, when at Adrianople he encountered the messengers, that brought complaints of the assault his Majesties' Fleet against the Capi●●latio●●, & Articles of peace had made upon the Grand Signors to vv●e of Algiers, to which allegations, his excellency made those prudent replies, that neither the privilege of their Sect, nor their late presents, nor relation as subjects, could prevail to afford them matter of favour, or countenance: And at how easy, & cheap a rate your threatened estates were then protected, the accounts sen● you home will justify: & the inconsiderable Auances that have happened since his arrival, are a testimony of the great wisdom, & care of his Excellency; That if it please God, to con inve the same success to him, in the remainder of his time, blessed with the present flourishing estate of your trade, his return may be celebrated vvi●h the same, & glory of the most happy, & fortunate of Ambassadors. These Capitulations being thus completed, to which nothing can at present, be thought or, to make more, perfect, ●or no oppression imaginable, which ●eet● not a prohibition herein, until the malicious invention of the Turks (which is ingenious in nothing but in matters of their intere●●) espy some unarmed part, in which to vv●●rd Us: It is the wisdom, vigilance, & reso u●ion of the Embas adour to maintain them in reverence, & observation: in which that course, & method is to be taken, as is not practised in the Courts of Christendom, & is of that different form, in matte● & proceeding, as will render an experienced Minister in the treaties of other countries a Novice in this, until ti●e & conversation hath instructed him in a new science & unacq●inted Maxims of State, & policy. The Capitulations the Grand Sig. ʳ gives to us, & other Christians tha● t●●ff ck with ●im, are (in my opinion) of an other nature & form, than articles of peace are usual to be between two nations; for he requires no counterpart from his Majesty, whereby to oblige him to perform the ●ame conditions with himself, but as if he needed, & expected nothing from the English confers on them several Imperial imunities, & privileges, as his Charter, & Acts of grace, without demand of any returns which he accounts as a diminution to his all containing Majesty to be needful, or wanting of. And this p●ide, is ●o natural to the Turks, & so necessary to be flattered by those, who would maintain the intercourse of peace, & traffic vvith them, that it is no mean Art to know vv●ll, how to nourish, & d●lly vvi●h their barbarous humour. But it is beyond, I must confess, my capacity, to be more, then superficially acquainted with these mysteries, it is for my Lord, to be Master, & profoundly versed in them; who knows the times, both to threaten, & to flatter, & when with resolute words, or soft speeches to disperse, & calm those storms, which we who live, under the arbitrary will of Tyrants, do often foresee, & yet dissolve, before the fury reach, & arrive you. This is the care, & study of his Excellency, who hath many time's occasion to be more tender of your safety, than his own, & to interpose himself, & his, between you, & the barbarous rage. And when I, who am one of the meanest of those concerned in your interest, ●an be of service, & ●se to the public benefit of the Right worshipful society, I shall think my life too mean a sacrifice to o●fer to you; for having received so many obligations from your worships & testimonies of your bounty, I judge myself for ever bound to subscribe myself. Right Worshipful Your Worship's most faithful & most devoted Servant PAUL RICAUT THE PRINTER TO THE READER. COURTEOUS READER If in perusing these following Capitulations you find some few letters misplaced, or the letter W not so neatly form, as were to be wished, attribute the fault neither to the Printer, nor Corrector: for the press at Constantinople being but seldom employed, is not furnished with the variety of those letters, which are only to northern languages, amongst which the W is of special use; to supply which defect, I have been forced to imitate that letter as well as I could beyond my own art, & profession. And if any other letters are let slip, it was in time of the Correctors urgent avocation to other employments which permitted him not to be so accurate, & attentive hereunto as he desired. And so hoping you will pardon, what slight errors you may possibly meet with herein I remain. Yours at Command ABRAHAM GABAI Chaf Nabat ACCORDING TO My IMPERIAL COMMAND LET IT BEE OBSERVED, & LET NO ACT BEE PERMITTED CONTRARY HEREUNTO. MAHOMET The Command Of This Sublime, & Lofty, & Imperial Signature Preserved, & Exalted By Divine Providence, whose Triumph And Glory is renowned through all the world: By the favour of the Nourisher of all things, & mercy & grace o● the Merciful, I that am the powerful Lord of Lords of the world whose name is formidable upon earth Giu●r of all Crowns of the Universe, Sultan MAHOMET Han Son●e of Sultan IBRAHIM Han, Son of Sultan AHMET Han, Son of Sultan MAHOMET Han, Son of Sultan MURAT Han, Son●e of Sultan SE●IM Han, Son of Sultan SULIMAN Han, Son of Sultan SELIM Han. To the glorious amongst the Great Princes of jesus reverenced by the high Potentates of the people of the Messiah Sole Director of the Inportant a fairs of the nazarene Nation, Lord ●f the limits of decency, & honour of greatness, & ●ame, Charles the Second King of England, & Scotland, that is of ●reat Britain, France, & Ireland, whose end, & enterprises may the Omnipotent God conclude with bliss, & favour with the illumination of his holy will. In times past the Queen of the aforesaid Kingdoms, sent divers of her esteemed Gentlemen & persons of quality, with letters & ships, to this Imperial High Port (the refuge of the Princes of the world, & the retreat of the Kings of the whole Universe) in the happy times of famous memory of my Ancestors, now placed in Paradise, whose souls be replenished with divine mercy which Gentlemen & presents were gratefully accepted, ma●ing declaration, & offering in the name of the said Queen an entire good peace & pure friendship, & demanding that their subjects might have leave to come from England into our Ports our said Ancestors of happy memory did then grant their Imperial licence, & gave into the hands of the English nation divers especial & Imperial Commands, to the end that they might safely, & securely come, & go into these dominions, & in coming or returning either by land, or Sea, in their way, & passage, that they should of no man be molested, or hindered. After which time in the days of our Grand father Sultan MAHOMETH an of famous memory (unto whose soul be granted divine absolution) it being anew desired that the subjects, merchants, & their Interpreters might freely, & securely come, merchandise, & negotiate through all the parts of this Imperial dominion, & that such capitulations, & other privileges, & Imperial commands, as had been granted unto ●he nation of the Kings, & Princes in peace, & amity, with this High Port, as France, Venice, Poland & others, might also be granted to the subjects of the said Queen, & all others coming under the English banner In confirmation of which request, were given, & confirmed by our Ancestors of famous memory the Imperial Capitulations, & privileges succeeding to say It is commanded etc. I First that the said Nation, & the English merchants, & any other nation, or merchants which are or shall come under the English banner, & protection, with their ships small, & great merchandise, faculties, & all other their goods, may always pass safe in our seas, & freely & in all security may come, & go into any part of the Imperial limits of our dominions in such sort that neither any of the nation, their goods, & faculties shall receive any hindrance, or molestation from any person whatsoever. TWO The said nation shall, & may in like manner freely, & securely come, & go by land through all the imperial limits of our dominions, so that neither to their persons, beasts goods, or faculties, shall any trouble, or impediment be given, nor any injury be done unto them but they shall always at their own pleasures safely, & securely traffic in all parts of our dominions. III And if it happen that any of the said nation coming into our dominions by land, or passing into any other country shall be stayed, or arrested by any of our ministers such persons shall be set free, & at liberty, & afterwards shall receive no hindrance in his journey. IIII All English ships, or vessels, small, or great shall, & may at any time safely, & securely come, & harbour in any of the scales, & ports of our dominions, & likewise may from thence departed at their pleasure without the detention or hindrance of any man. V And if it shall happen that any English Vessel great, or small, fall into any misfortune, danger of sea, or any other necessity, all the Vessels as well Imperial, as belonging to private men that shall be near, or present, as also all others that in habit the seas, thall give them help, & succour, & being come into our Ports or scales they shall freely stay in them as long as they please, & for their money provide for them of all necessaries, & provision, & may take water without the let, or hindrance of any man VI And if it shall happen that any of their ships shall have suffered shipwreck, or been broken, or in distress, shall be cast Upon any coast of our dominions In which case all Beglarbeggs, Caddees Governors, ministers, & other our slaves, shall give them all assistance, succour, & help; & whatsoever goods, & faculties shall be saved, or recovered in the said ships shall b●e restored to the English & if they shall be informed that any part of their goods, & faculties shall be stoalen, or taken away, our said ministers with all diligence shall make sufficient search, & examination to find out, & recover the goods, & restore them to the English. VII T●● English merchants, Interpreters brokers & all other subjects of that nation, whether by sea or land may freely, & safely come, & go in all the Ports of our dominions, or returning into their own contreyj all our Beglerbeges, ministers, Governors, & others officers, Captains by sea of ships, & others whom soever our slaves, & subjects, we command, that none of them do, or shall lay hands upon their persons, or faculties, or upon any pretence shall do them any hindrance or injury. VIII If any English man either for his own debt, or for surety: ship shall absent himself, or make escape away, or shall be bankrupt the creditor shall only pretend his debt upon his own debtor, & not of any other English; And if the Creditor have not authentic Hoget or bill of suretieship made by an English man, he shall not pretend his debt of any other English man. VIIII In all causes, businesses, & occasions, which shall occur between the said nation, their merchants, Interpreters, & brokers, or servants, & any other what soever, that is to say, In selling, or buying in paying, or receiving, in giving, or taking security, or pledge, debt, or credit, & all other such things which appertain to the ministers of the la, & justice, they may always (if they please) in such occasions go to the Caddee, who is the judge of the la, & there make a Hoget or public authentic Act with witness, & register the same, & take a copy of the same to keep by them, to the end that if in the future any difference, or pretence thall arise between the said parties, they may both have a recourse to the said Hoget, & Act. And when the pretence shall be conformable to the tenor of the Hodge registered, than it shall be accordingly thereunto observed: And if the Plaintiff hath not in his hands any such authentic Hoget, but only bri●geth partial witness, which makes cavils, or pretences our ministers shall not give ear to them, but observe the written authentic Hoget. X And if any one within our dominions shall accuse any English man to have done him wrong & shall therefore raise any pretence Upon him, by Violent or partial witness, our ministers shall not give ear Unto them, nor accept them, but the cause shall be advised to the Ambassador. or Consul Resident of the English nation, to the end that the business may be decided with his knowledge, & in his presence, that the English may always have recourse to their defence, & protection. XI If any English man having commited an offence shall make his escape, or absent himself, no other Englishman not being pledge, shall be taken, or molested for him. XII All Englishmen, or subjects of England, which shall be found slaves in our state, or shall be demanded by the Ambassador, or Consul, the cause shall be duly examined, & such persons as are found, truly to be subjects of England, shall be set free, & delivered to the Ambassador, or consul. XIII All English men, & all other subjects of the crown of England, which shall ●●●ell, or reside in ou● dominions, whether they be married, o single ●●y buy, sell, & traffic, & of them shall no harach or head m●●, be demanded. XIIII The English Ambassador, Resident, In Aleppo, Alexandria, Tripoli of Suria, or Tunis, Algiers, Tripoli of Barbary, in Smyrna, the ports of Cairo, or any other parts of our dominions, may at their pleasure establish their Consuls, & in like manner remo●e them, or change, & appoint others in their places, & none of our ministers, shall oppose, or refuse to accept them. XV In all causes concerning, la & justice between the English nation, & any other, in the absence of their Interpreters, the judges, nor any other of our ministers, shall not proceed to give sentence. XVI If ●heir happen any controversy amongst themselves, the decision thereof, shall be wholly left to their ov●ne Ambassador or Consul, according to their own right, & laws & with no such causes our ministers shall intermeddle. XVII Our Armada of galleys, ships, or a●y other vessels of our Empire. Which a 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 salu●e, & show good, & mutual friend ship the one to the other without offence. XVIII All these particular Privileges, & Capitulations, which in former times have been granted to the french, Venetians, or any other Christian nation. Whose King is in peace, & friendship with this Port in like manner the same were granted, & 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 & that none may in any manner upon any pretence presume to contradict, or violate it. XIX If the pirates or I everts who infested the seas with their frigates, shall be found to have ta●en any ●nglish vessel, or to have rob, or spoiled their goods, & faculties, also if it shall be found, that in any of our dominions, any shall have violently taken goods of any English man our ministers shall with all diligence seek out such Offenders, & severely punish them, & cause that all such goods, ships, monies, & whatsoever hath been taken way fr●m the English nation, shall be presently, justly & absolutely restored to them XX All our Beglerbeges, Beges, Captains, masters of Imperial ships, & other private judges, Governors, Customers, ●armers & all our ministers, subjects, & s●aues, shall always, obey & ●eep the t●●ou● of these our ●vvoa●●e Capitulations, & shall with all observance, respect the friendship, & 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, & good corrspondence shall show herself, & remain with Us, in peace, friendship, & league, firm, constant, & sincere, we do promise also on our parts reciprocally, that this peace, friendship Articles Capitulations, & correspondence in the fore written form shall be for ever of Us maintained, observed, & respected, & of no man any part thereof shall be contradicted, or infringed all which above mentioned Articles of peace, & friendship were concluded, signed, & an Imperial Capitulation granted & confirmed by our Ancestors of happy memory. Since which time his Ma.tie of England james deceased in the time of our Grand father of happy memory Sultan ACHMET Han having sent unto our Imperial throne, is Ambassadors, letters, & presents which were most acceptable, And desired that the already contracted peace, & friendship, & good correspondence made with our Grand fathers, & the Capitulations, Articles, And privileges above written, should be again ratifyed, & the said peace, & friendship renewed, Farther requesting that certain Articles very necessary should to the same Capitulations be added, The desire of his Majesty being declared in the Imperial presence of our said Gran father Sultan ACHMET Han, was presently granted: And he gave express command, and order that the said peace, & friendship should be renewed, & fortified & the ancient Capitulations, & privileges confirmed, & that the new desired articles should be inserted, & added to the Imperial Capitulations. Granting farther to the English nation all those Articles & farther privileges which were given, & written in any Capitulations with other nations, Potentates or Kings in peace, & amity with this Imperial Port: & by this Imperial command be gave order that these his Imperial commands, should be obeyed of all men, & the tenor of them duly observed The articles which then were granted, & added to the Capitulations were these following. XXI That our Ministers shall not demand, or take of the said English Nation any costume, or other duties of all the dollars, chequeens, they or any under their banner, shall bring in, or transport from place to place, or carry out of our dominions, & that nether Beglerbeges, Beyes, Caddees Treasurers, Mint Masters, or other, shall take, & demand, either dollars, or chequeens from the said nation to change them into small aspres, nor shall give, or do them any violence or trouble there upon. XXII The English Nation, & all those that come Under their banner, their Vessels small, & great, shall & may navigate, traffic, buy sell, & abide in all parts of our Dominions, & excepting Arms, Gun powder, & other such prohibited comodities, they may load, & carry away in their ships whatsoever of our merchandizes at their own pleasure, without the impeachment or trouble of any man, & their ships, & Vessels may come safely, & securely to anchor at all times, & traffic at all times in every part of our dominions, & with their money buy Victuals & 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 la, or any other controversy, 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. XXIIII All difference, or suits of la depending with the said nation which shall exceed the value of 4000 aspers, shall always be heard, & decided at our Imperial Port. XXV The English Nations Consul, 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, & 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, & answer for them. XXVI When any Englishman, 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 seize any part thereof but they shall always be consigned, & remaining to such other English, as the deceased shall by his testament assign, & if he died intestate, than the English Consul shall take, & receive his faculties, & goods, & if there be no Consul, the English Resident there shall take the possession, & in case there be neither Consul, nor English, the said goods & faculties whatsoever shall be received into the Custody of the Caddee of that place, & having advised the english Ambassador there of 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 Privileges, & other liberties granted to the English Nation, & those who come Under their protection by divers Imperial commands whether before, or after the date of these Imperial Capitulations, shall be always obeyed, & observed, & shall always be understood, & interpreted in favour of the English nation, according to the tenor, & true contents thereof. XXVIII Neither the Officer called the Cassam or gatherer of the Caddees duties in case of death, nor the Caddee shall pretend, or take of the said English nation, any kind of tenths, or Casmetts or fee of division. X VIIII The Ambassador of the King of England, or Consul residing in our dominions, shall & may take into their service any janisary, or Interpreter at their own charge, & choice & no janizatie nor other our slaves, shall put themselves or intermeddle with their service against their liking, or consent. XXX The Ambassador of his Ma.tie of England, & Consul, & the English Nation residing in our Empire, ●or the use of their own persons & family's making must, or wine in their own houses, none of our ministers, Caddees, or janissaries, 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, Scio Smirna, & in other parts of our domi●ions, the English merchants having pa●● 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 & whatsoever merchandise shall be loaden Upon their ships, & brought in our dominions, & landed at any Scale, they being desirous to lad it again, & to transport it to any other Scale, or Port, the same goods arriving in the second place, & Scale, & being there unladen, neither the Customer, nor Farmers, nor any other our officers sh●ll pretend, or take again any Customs, or Gabells of the said merchandise, that th' said nation may always freely, & securely trade, & follow their business. XXXII Neither of the English Nation, nor of any tr●ding under their ba●ner, there shall not be demanded nor gathered one ●●● o, nor any more ● in the name of imposition ●●asiapie, or compositions for flesh for the janissaries. XXXIII There having been in times past a di ference betvv●ene the Ambassador of the Queen of England & the ●re●ch Ambassador both Resident in our Port about the merchant's of the Dutch nation both which Ambassadors sent their petitions to our Imperial stirrup: And made request, that the said Dutch merchant's coming into our dominions s●ould p●●se un●er their banner; which request of both Ambassadors vv●s granted under our Imperial Seal; not withstanding Si●●n B●●l● t●e Son of Cigala Captain of the Sea, now ●e●●●sed, as Admiral & practised in marittime cases, having a●uise● the Imperial ●●iestie that it was fit, & convenient, that the Dutch nation s●o●ld be assigned to the protection of the Ambassador of E●gla●d, & that it should be so written in their Capitulations which opinion b●i●g by all the Viziers ●pproued; by express order, & Imperial authority it vv●s commanded that the D●●ch merchant's of the Provinces of Holland, Zealand, Freezelan●, & Geld●rl●●d, Tha●is, the merchant's of those 4 Provinces trading in our dominions, shall always come under the b●nner of the Queen of England as all other English do, & that of all the goods, & merchandise which th●y shall, or do import or export, to & from our dominion, in their Vessels, they sh●ll pay the duties of Consulage, & all other duties to the Ambassador o● Consul of the Queen of England; And that never hereafter th● french Ambassador or Co●sul sh●ll insinuate, nor intermeddle herein, & accordingly It vv●s commanded; that for the time to come, it should be ruled & observed according to this present Capitulation, After which there being arrived an other Ambassador at this HighPort sent from the king of ●ngland with letters, & presents, which vve●e most acceptable, the said Ambassador did make request that certain other necessary articles should be added, & written in the Imperial Capitulations; of which the first vv●s; As in times past, in the days of one of our forefathers of famous memory Sultan Soliman Han, there was granted a centaine Capitulation, & privilege, that the merchant's of the spanish nation Portugal, Ancona, Civilla, Florence, Cat●l●●nia, & all sorts of Dutchmen, & other merchant strangers, might safely, & securely go, & come through all the places of our dominions, & trade, & traffic, granting unto them Moreover, that in any part of our Empire th●y might establish their Co●suls; But it being that eu●ry nation apart vv●s not able to defray the charges, & maintenance of a Co●sul; It vv●s then left to their will, & choice to ●ome un●er the banner of such Ambassador or Consul as 〈…〉 like ●●e● Provided that it vv●re an Ambassador, or Co●●●l of a King in peace, & amity with our High Fort upon which Grant, & other privileges given them, there were often granted divers Imperial commands, & constitutions, being so desired by merchant strangers, who of their own will elected to trade under the banner, & protection of the Ambassador, & Consul of the King of England. And whilst in all Scales, & Ports in these parts they had refuge to the banner, & protection of the English Consuls It seemeth, that the French Ambassador by some means having a new gotten into their Capitulations, that the said merchant strangers should come under their banner, did endeavour to force them in all Scales to their protection; for which cause the controversy was again renewed & referred to our Divan, or Great Council which after a due examination & a new election permitted to the will, & choice of the said merchants, they again did desire to be under the protection of the Ambassador of the King of England, notwithstanding it being made known to the Imperial Port that as yet the french Ambassador did not desire to molest the said merchants, nor to force them under his protection, the first Article written in the french Capitulations, that the merchant's strangers should come under their protection, was by the Imperial command made Void & annulled; And to the end that according to the ancient custom of the said merchant strangers they should always come under the banner, & protection of the Ambassador, or Consuls of England; & that never, hereafter they should be vexed, or troubled by the french Ambassador in this point The said Ambassadors of his Majesty of England having desired that this particular should be written, & enrouled in this new Imperial Capitulationj this present article was accordingly inserted, & by the Imperial authority It is commanded, That for ever in time to come, merchants of the said Princes, in the mentioned form, & according to this Imperial command in their hand, shall always be under the banner, & protection of the Ambassador, & Consuls of England. XXXIIII There shall never be permitted, or granted any Imperial commands, contrary to the tenor, & articles of this Imperial command, or Capitulations, nor in prejudice of this our peace & amity, but in such occasion the cause shall first be certified to the Ambassador of England residing at the Port, to the end, that be may answer, & object any scandalous action or other pretence, which might infringe the peace, & league. XXXV The English merchants of all the merchandise, which they shall bring, or transport in their ships having paid the custom, they shall also pay the right of Consulage to the English Ambassador, or Consul. XXXVI The English merchants, & all under their banner, s●all & may safely throughout our dominion, trade, buy, sell, (except only comodities prohibited) all sorts of merchandise; likewise either by land, or sea, they may go, & traffic, or by the way of the river Tanais in Moscovia or by Ru●sia, & from thence may bring their merchandise into our Empire, also to, & from Persia, they may go, & trade, & through all that part newly by Us conquered, & through those confine●, without the impediment, or molestation of any of our ministers, & they shall pay the custom & other duties of that country, & nothing more. XXXVII The English merchants, & all under their banner shall & may safely, & freely trade, & negotiate in Aleppo, Cairo, Scio, Smirna & in all parts of our dominions, & according to our ancient customs of all their merchandise, they shall pay three in the hundred for custom, & nothing more. XXXVIII The English ships which shall come to this our city of Constantinople if by fortune of seas, or ill weather, they shall be forced to Co f●, or to such like Port; as long as the English will not unla●e & tell their own merchandise, & goods, no man shall enforce them, nor gi●e them any trouble, or annoyance, but in all places of danger, the Caddees, or other of our minister's, shall always protect, & defend the said English ships, men, & goods, that no damage may come u●to them, & with their money may buy victuals, & other necessaries; & desiring also with their money to hire carts, or vessels, which before were not hired by a●y other, to transport their goods from place to place, no man shall do them any hindrance, or trouble what soever. XXXIX The English Nation of all the merchandise which in their ships shall be brought to Constantinople or to any other part of our dominions which they shall not desire of their own accord to land, or sell, of such goods there shall not be demanded; or tak●n any custom at arrival at any Port, & having landed their merchandise, & paid their customs, & other duties, they may quietly & safely departed with out the molestation of any man. XXXX In regard English ships coming into our dominions, do use often times to touch in some part of Africa, & there take in Pilgrims, & Mahometan passengers to transport them to Alexandria, & arriving at that Port, It seemeth that the Customers, & other officers, do pretend to take custom of all goods, which are found in their ships before the merchants are willing to la●d any; by occasion of which molestation they have forbo●●●e to transport any pilgrims. And in like manner, their ships which come to Constantinople & carry divers merchandise, to transport part thereof to other places, the customers, & Farmours would enforce to land, & pretend to take custom thereof. Wherhfore we do command, that all the English ships which with their merchandise shall come into this Port of Constantinople, Alexand●ia, Tripoli of Suria, Scanderoone, or into any ●ort whatsoever of our Empire according to use, they shall pay only custom of such goods, which with their own will they shall design to sell, & such other merchandise, as they discharge not from their ships willingly our customer shall not demand, nor take custom, nor other duties, but they may transport them whether soever they please. XXXXI And if it shall happen, That any of the said English Nation, or any under their banner shall commit man slaughter, bloodshed, or any other like offence; or that there shall happen any cause appertaining to the la, or justice, until the Ambassador or Consul shall be present, to examine the cause, the judges, nor other ministers, shall not decide nor give any sentence, but such controversy shall always be declared in the presence of the Ambassador, or Consul to the end, that no man be judged, or condemned contrary to the la, & the capitulations. XXXXII Whereas it is written, in the Imperial Capitulations, that the goods landed out of any English ship, which shall come into our dominions, & pay custom ought also to pay the duty of Consulage, to the English Ambassador, or Consul. it seemeth That divers Mabometan merchants, Sciots, & other merchants in peace, & amity with this Imperial Port, & other merchant strangers do deny, & refuse to pay the right of consulage. Wherhfore, It is commanded, that all the merchandise which shall be laden upon their ships, & 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. XXXXIII That English merchants which trade at Aleppo, & those under their banner of all the silk which they shall buy, & lad upon their ships, shall pay the custom, & other duties, as the french, & Venetian merchants do pay, & not one asper, or farthing more. XXXXIIII As the Ambassadors of the King of England which shall be Resident in this Imperial Court are the Representatives, & 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, or by the order of the Ambassador; it being found that that which they have translated, to be according to the will, & 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; in case any of the English Interpreters shall die, if he be an Englishman, all his goods, or faculties shall be possessed by the Ambassador, or Consul of England, but if be shall be a subject of our dominion, they shall be consigned to his next heir, & having no heir, they shall be taken into our Exchequer. And as in this particular so also in all other the above mentioned articles, & privileges granted by our forefathers of happy memory, It is expressly commanded & Ordained, That all our slaves shall ever obey, & observe this Imperial Capitulation & that the peace, & amity shall be respected & maintained, without any violation whatsoever. XXXXV Since which time of our fore fathers of famous memory, & the gran● of these above mentioned Capitulations, articles, & establishment of peace, & amity, the said King of England having in the time of our grand father 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 & Capitulations which Ambassador did declare, that often times there were to divers persons Imperial commands granted, subreptitiously procured contrary to the tenor, & articles of the Imperial capitulations; which being without our knowledge presented to our judges, and Governors, & the da●es of such commands being more fresh than those of our Imperial Capitulaions: the judges, & ministers do put in execution the private commands preiuditial & 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, & maintained, according to the sincere meaning; the said Ambassador demonstrating the sincerity of his Majesty & his request herein to our Imperial knowledge, which was most acceptable; in conformity thereuto it was expressly 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 sh●ll be vv●en presented before our Caddees, or other ministers, should never be accepted, or put into execution, but that always the tenor of the Imperial Capitulations shall be observed; And whosoever shall present such command contrary to the Capitulations, they shall be taken from him, & in no wise be of any force, or validity. In which time also on the part of our said Grand father all the above written Privileges, Articles, & Capitulations, were accepted, & ratifyed, & the peace, amity, & good correspondence anciently contracted was a new of him confirmed & established. XXXXVI In the time of the inauguration of Sultan OSMAN Han in the Imperial, & high throne, the King of England did again send a famous, & noble Geentleman, his Ambassador, with letters, & presents which were most acceptable. And the said Ambassador desiring in the name of his King, & Lord, that the ancient Capitulation, articles, & contracts granted in the days of our forefathers should be of him renewed, & confirmed, & the ancient peace, & amity, anew fortified, & established, which his request was to the said Sultan Osman most acceptable. And the ancient Capitulations, articles, Privileges, herein written, & confirmed, & the long since contracted peace, & amity by him promised, & accepted. XXXXVII 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, & honnourable, sir THOMAS Roe Knight with his letters, & presents, which were most aceptable; & proffering in the name of the King his Lord, all good terms of friend ship, & good correspondence? And desiring that the ancient Capitulations, & all the articles from his Ancestors, & from himself formerly granted to the English nation might be anew confirmed, & the peace, & league long since between both parties contracted, & ratifyed; & that some other articles very necessary might be added to the Imperial Capitulations, & divers others already granted might be renewed, amended, & in a better form explained, which his request & demand was very acceptable unto him; & in conformity thereunto, the ancient Imperial Capitulations, & all the articles, & other privileges in them often confirmed, & the peace, amity, & good corrspondence contracted, in the times of his Ancestors, Grand father, & father, & himself confirmed, were again by Sultan OSMAN then ratifyed, established, promised, & accepted, whereupon by him there was express command given, that for the time to come, the menour of his renewed Capitulations should be of every one observed, & that all men should be careful, & respectful to them said peace, & friend ship established, & contracted on both parts, & that no man should presume to violate, or to do any act contrary thereunto which Emabssadour did often declare that the Caddees, & other of our ministers, in many places, & provinces, contrary to the Imperial Capitulations & will of the Imperial Majesty have imposed, & laid divers taxes, burdens, & moneys upon the said English Nation, & 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, & presented the same to the Imperial presence; The said Sultan OSMAN Han with his Imperial hand, & seal did presently give express order, & command, that in the time to come, all those articles, & privileges which were already in the Imperial Capitulations, & those articles which now are there in by our order newly added shall be of all our subjects, & slaves duly obeyed, & observed according to the sincere meaning of this our Imperial Capitulations. XXXXVIII In as much as it is publicly known, That certain pirates of Tunis, & Algiers, contrary to our Imperial Capitulations, mind, & will, do take, & rob in the seas, the ships merchandise & men, subjects to his Majesty of England, & of other Kings, & states in league with this our Imperial Port, to the great Damage, & injury of the said English Nation, we do command & by the●e presents we do ordain, that several Imperial commands be given, for the entire restitution of all goods, & merchandise to the English Nation so taken away, And that all such English as have been taken, & made slaves, or imprisoned by the said pirates shall be imediately set free. And after the date of this our Imperial Capitulations; If it shall be known, that the said Pirates, of Tunis, & Algiers, shall rob them again, & shall use, & continue their outrages, & will not restore their goods, & men, we do command that the said pirates, be not received into any Port of our dominions, especially into the Scales of Tunis, Algiers, Modon, or Coron. Our Beglerbegs, & other ministers, shall not suffer them to enter, nor barber, nor receive them, but the Beglerbeges, Caddees, or other ministers shall persecute, banish, & punish them. XXXXVIIII Being informed that in our dominions many of our Customers, & other officers in Aleppo contrary to the Imperial Capitulations under colour of taking custom, & rest upon silk of the English merchants, have violently taken from the said merchants agreat sum of money. And whereas in the Imperial Capitulations, it is written that for silk which the English shall buy in Aleppo, they shall pay as the french, & Venetian merchants do, & no more; Notwithstanding the said customers, besides the two & half per cent for custom & Rest have taken from that nation a great sum of money lately under name of Rest wherefore we command that this business shall dye examined, & that the said money be restored back, & for the time to come, the ancient custom may dye kept; And that this nation shall only pay, as the French, & Venetian do, & that never be taken one asper by name of s●ch imposition. L Whereas the English merchants resident in Galata, ordenarily buy divers goods, & merchandise before they can la ie, or send them away upon their ships, & do pay unto the customers, the custom of the said goods, receiving a bill, or acquittance to have paid the same, & after carry the same merchandise to their own ware houses: In the mean time before they can load, & ●end away the said goods; It happens, that either the customer dies, or is removed from his charge & the new customers will not accept of the said acquittances, but pretend an other custom troubling, & molesting of them many ways. Wherhfore we do command, that of all the merchandise which they shall buy, it appearing really that bee hath paid once his custom, the customer shall accept of the said acquittances, & shall not demand of the merchant a second custom. LI It being usual to buy in Angora, Chamblets, Mohaires, silks & other sorts of merchandise which they transport to Constantinople, & other places of our dominions, & pay their customs, taking acquittances for the same, & so put the goods into their own ware houses; And after being desirous to ship them away, the customers do demand again the custom, There fore for the time to come when the said merchants shall desire to lad such goods; & 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, & of the merchandise which they carry out of our dominions, as silk, chamblets, & other goods, having paid the custom, & not sold the goods unto an other; And being afterwards to ship it away for Scio, Smyrna, or any other Scale, & the said goods there arriving, the customers, & officers shall always accept of their aquittances, which they have in their hands, & shall not take other custom of their merchandise. LIII The English merchants of all the comodities which they shall bring to constantinople or to any other Port of our dominions, & of all such as they shall transport, the Mestaragis of Galata & Constantinople shall take their Mestaria or Brokidge according to the ancient ca●●o, & ●●ance, that is of such merchandise, as of old custom, was want to pay it, or such they shall only take Mes●aria, but of s●ch merchandise as was not anciently accustomed to pay it shall not be taken ●●●aria contrary to the ancient cannon. Farther upon the English merchandise, there shall not be made, or laid any impositions, or other causes, Nor from the said nation shall not be taken one a●●●r, more, which shall be contrary to the ancient ca●no●, ●nd accustomed usance. LIIII The English Nation shall, & may freely come in to all the Ports of our do●inions to ●egoti●●● & bring in clo●●, Kersie, sp●ce, tin, lead, & all other merchandise, & no 〈◊〉 shall do ●●m any ●i derance, or molestation, In ●ke ●●●●er except only goods prohibited, they shall & may b●y, & ●●port all so●● of merchandise without the prohibition, or molestation of ●●y man; & the customers, & other 〈◊〉, the said nation ●●●ing pai● their custom according to this Imperial Capitulation, & ●he ancient use, shall not demand o● them any ●●ing more. In the time of the happy memory of my ●n●le ●●●an 〈◊〉 Han, the King of England sent his Ambassador Sir 〈◊〉 uis●e ●●ovv Baronet with his present & letter, vvh●●● was ●●●eiued 〈◊〉 ●ood part; & the time of his Em●●●●e ●ei●g expired, Sir Thomas Bendis● arrived to reside at the Port with hi● present, & courteous letter, the which vv●● in l●ke manner vv●ll accepted and the said Ambassador having tendered t●e Imperial Capitulation, formerly granted, that accordi g to the ancient Cannon they might be renewed, It is ●er ●y again commanded that all the points, & particular Articles, therein be observed, & maintained. LV And because contrary to the sense, & tenure of them the ships of ●h●●nglish mer●●●●●●s before they arr●●● at th● S●al●●enerall Officers did go upon them & violently force out of ●●e ●●ips the goods of the merchant's, taking away the choi●e of them without 〈◊〉; ●or the Price, or making any account with the owners LVI And farthermore the said m● chants having once paid the custom for their goods at the 〈◊〉 & ●●i●g ●●●●rous to ●●●●port the ●●●e good, 〈◊〉 an ●●h●r 〈◊〉 customers di●●●●●● & d●●●i●e them, u●●ill 〈◊〉 r●●●iue other second 〈…〉. LVII And vvher●●● in the Imperial C●p●tu●●●●● is ●xpres●●● that in all the differences, & 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 t●e Knowledge of their Ambassador have condemned, imprisoned, 〈◊〉 taken presents from the English Nation which is a great wrong done to them. LVIII Also whereas in the Imperial Capitulations, it is ordered, that the Customers shall not take any custom for such gold, & dollars as by the English Nation shall be brought in, or carried out of Our Imperial Dominions, & that the merchants are to give only three percent, for the custom of their goods, & no more; the Customers notwithstanding do pre●end to take custom for their ●●equeens, & dollars; & to take more custom than their due for their raw silks, which they buy, & of the goods which they land at Scanderoone to carry up to Aleppo, they demand six per cento; which unjust exactions have been heretofore rectified, & redressed with an express Hat sheriff. But being now again informed, that the said ●nglish merchants, are as before wronged, by reason that the Customers do value, & estimate the goods of the English merchants more than they are vvor●h; & though the Customers are to have bu● three percent 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 expenses wrongfully take great sums of mo●y from them. And a greater number of waiters being put aboard the English ships, than heretofore have been used, the charges thereof are a great expense to the merchants, & 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, th' 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 bone specified abuses, & injustice 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 privileges unjustly infringed. The Ambassador of the King of Great Britain sir Heneage ●inch Knight, Farl of Winchilsea, Viscount Maidston, Baron Fit●herbert of ●a●●vvell, Lord of the Royal Manor of weigh, & I Lieutenant of the County of Kent, & City of Canterbury, whose end may it terminate vvi●h bliss: did arrive with his presents, and with all sincerity, & affection was accompanied with letters amply expressing the good friendship, & correspondence; & that above said Ambassador hath presented the Capitulations that they might be renewed according to the Cannon And that ●o●e Articles of great consideration which were before in the ●apitulations may be more punctually observed, the said 〈◊〉 a● adour did de●ire that they might be again renewed, & more ● ainly expressed in the Imperial Capitulations His request was graciously accepted; one of which points is this. LIX That the galleys, & other vessels of the Imperial Fleet departing the dominions of the Grand Signior, & meeting on the s●a 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 aught always to show to one & other good friendship, without doing the least damage,. And it being thus dec ared in the Imperial Capitulations, the B●yes and Captains, who sail upon the Seas, & those of Algiers, T●● is, & Tripoli meeting English ships which sail from one Port to an other ought not ●o take from them any money, or goods u●on pretence that their ships transport enemy's goods, & there u●on search them, & with this colour molest, & de●aine them from prosecution of their voyage, so that only at the mouth of the castles, & 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, the goods of the English Nation ought to receive no molestation ●auing once paid the Custom, nor shall the customers deny to give the ●eschere, or certificate that the custom is ●aid for, upon complaint hereof, we strictly command that the aforesaid Customers do not defer imediately 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, which is to be transported to an other Scale, entire credit shall be given to the Teschere & a second custom shall not be so much as farther pretended LXII In Aleppo, Cairo, & other parts of the Imperial Dominions, the English merchants, & their servants may freely, & frankly trade, & for all their goods, & merchandise pay only three per cento according to the former custom, & the Imperial Capitulations, whether the goods be brought by sea, or by land. And though the Customers, & Farmers upon the arrival o● the goods at the Scale to give molestation, & trouble ●o th● English Nation, pretend: that the goods of the growth, & manufacture of E●●land ought only to pay three per cent, but goods brought from Ve●ice, & other places are obliged to pay more, & with this colour & pretence occasion suits, & troubles to the English wherefore in this point let the Imperial Capitulations be observed as in former times, & Our officers ought in no wise to permit the contrary hereunto. LXIII An Englishman becoming indebted, or having made himself pledge for an other, who is either failed, or run away; the debt ought to be demanded of the debtor; And if the Creditor have no Hoge●, that such an o●e according to the la hath made himself pledge, & security; the debt shall not be demanded of the other; which Article is already declared in the capitulations. LXIIII Whereas some times an Englishman living in a country to free himself from a debt draws a ●ill of Exchange upon an other Englishman who hath no effects of his in his hands, & the person to whom the mo●y is payable being a man of power, & authority, brings ●i●●ill, & ●●ntrary to the la, & the Capitulations demands, & forces payment of the bill, in vv●ich case the merchant accepting the bill, shall be obliged to satisfy it, but not accepting of it, he shall be liable to no farther trouble. LXV And the Interpreters of the ●●b●s●adour of England being free by the Articles, declared in the ●●●i●●t ●apitulations of all Angaria, or taxes; by virtue also of ●●is present article, when any of the said Interpreters die, their goods, or estate shall not be subject to the Cassam, but shall be divided amongst the creditors, & ●eires. LXVI And the King of England being a true friend to this Our happy Port To his Ambassador who re●●●●● here ten Ser●●nts of what nation soever shall be allowed f ee from Harach or taxes, or molestation of any man. LXVII An Englishman tur●ing Mahometan, & having good●, or estate in hi●●a●d●●el●●gi●● to his English principals, t●●se goods or estate s●●●●●ee delivered into the hands of the ●●bas●●dour, or Consul tha● they may convey, & make them good to the true owners. Let all the forementioned Articles be punctually observed: And th● said ●●●as●adour desiring ●●at th●se additions s●ould be inserted in the Imperial Capit●●●ti●ns, his re●●●● was graciously received; & ●he Imperial Capi●u●●tions vvhic● were formerly given are renewed, & conjoined with these present. And according to Our Imperial Signature let this Imperial Capitulation be again granted. And WE COMMAND, that while: this present King of England CHARLES the Second, whose end terminate in bliss, & happiness; doth in the same manner, as in the times of my deceased progenitors conserve the like friendly & faithful correspondence: I do Accept, & PROMISE to observe, & according to my promise, & oath, I Swear, & Promise by that One God, Creator of Heaven, & Earth & of all the Creatures, that contrary to these present Capitulations, no breach, nor violence shall be offered either by me, or mine but shall be observed by all. In the Imperial City of ADRIANOPLE Written at the end of the Moon of Zemasiel Vlla in the year 1072. Which is in the month of january 1661. FINIS