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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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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
the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. And the Most Serene and Potent Prince Christian the Fifth by the Grace of God King of Denmark Norway c. Concluded at Copenhagen the 11th day of July 1670. I. THat there be between the two Kings their Heirs and Successors As also their Kingdoms Principalities Provinces Estates Counties Islands Cities Subjects and Vassals of what Condition Dignity and Degree soever by Land and Sea in Rivers Fresh-waters and all Places whatsoever as well in Europe as out of Europe now and for the time to come a sincere A perfect Peace and Friendship true and perfect Friendship Peace and Confederation So as that neither Party do any Wrong Injury or Prejudice to the Kingdoms Principalities Provinces and Estates or to the Inhabitants and Subjects of the other nor suffer any to be done by others as much as in him is But rather live as Friends together using each other with Good-will and Respect And promoting upon all Occasions the Interests and Advantages of each other and their Subjects as if they were their own And preventing and hindring with all their power by their Assistance and Advice any Damage Wrong and Injury that may be offered them II. Neither of the foresaid Kings and their Heirs shall consent to any thing that may be to the Prejudice or Detriment of his Allie Not to consent to any thing prejudicial to each other but if either of the Kings shall know that any thing is Proposed or is in Agitation or Contrivance or that will be Proposed Agitated or Contrived which may tend to the Detriment of the other He shall be obliged to signifie the same unto him without delay and in the mean time to hinder and prevent it by all ways possible III. The foresaid Kings for themselves Not to Assist each others Enemies if Aggressors their Heirs and Successors mutually do undertake and promise That they will not aid or furnish the Enemies of either Party that shall be Aggressors with any Provisions of War as Souldiers Arms Engines Guns Ships or other Necessaries for the use of War or suffer any to be furnished by their Subjects But if the Subjects of either Prince shall presume to act contrary hereunto then that King whose Subjects shall have so done shall be obliged to proceed against them with the highest severity as against Seditious persons and Breakers of the League IV. It is further Covenanted and Agreed To Assist Denmark if Invaded That if at any time hereafter any Prince or State shall Invade or by any Hostile way Attempt upon the Hereditary Kingdoms Provinces Counties Towns Islands Territories or Dominions of the King of Denmark which he now possesseth then the King of Great Britain shall Assist the said King of Denmark in time with such number of Land Forces and Ships of War against such Aggressor as shall suffice to repell the Force and as the State of the said Kings Affairs shall require Each Party to be comprehended in any Treaty made with others And the said King of Great Britain shall therefore with all his Power endeavour to hinder that by such Invasion or Disturbance the King of Denmark be not prejudiced in any wise in his Kingdoms Dominions or Rights And if the said King of Great Britain or the said King of Denmark shall Contract or make any League Alliance or Union with any other King Prince Commonwealth or State they shall respectively endeavour to comprehend therein each other and their Dominions as much as in them lies if they shall desire to be comprehended V. It shall be lawful for the Subjects of both Kings with their Commodities and Merchandise both by Sea and Land Freedom of Trade in time of Peace without Licence or Safe-Conduct general or special to come to the Kingdoms Provinces Mart-Towns Ports and Rivers of each other and in any Place therein to remain and Trade paying usual Customs and Duties Reserving nevertheless to either Prince his Superiority and Regal Jurisdiction in his Kingdoms Provinces Principalities and Territories respectively VI. It is notwithstanding Covenanted and Concluded English not to come to Prohibited Ports but by Licence or stress of Weather That the Subjects of the King of Great Britain shall in no wise come to the Prohibited Ports of which mention is made in precedent Treaties nor Colonies without the special Licence of the King of Denmark first desired and obtained unless they shall be compelled to make thither and enter therein by stress of Weather or pursuit of Pirates in which case neither shall it be lawful for them to buy or sell Nor the Danes to any of the Plantations As also in like manner the Subjects of the King of Denmark shall not come to the British Colonies unless by special Licence of the King of Great Britain first desired and obtained VII It shall be lawful for the Subjects of the Most Serene King of Denmark to bring into their own Stores and Warehouses in England Danes to bring in all things of their own Growth or Manufacture into England Scotland or Ireland and such as come from the Elbe Scotland and Ireland and other the Ports of the King of Great Britain in Europe such Commodities as now or hereafter shall be of the Growth and Production of the Estates Countries and Dominions subject to the King of Denmark or of the Manufacture thereof and likewise such as come from any part of the River of Elbe In like manner shall it be lawful for the Subjects of the King of Great Britain to Import and bring into Denmark The like liberty to the English in the King of Denmark's Dominions except Ports Prohibited Norway and all other Ports and Colonies not prohibited of the King of Denmark all kinds of Merchandise which now or hereafter shall be produced or made in the Kingdoms Countries and Estates under the Subjection of the King of Great Britain In case any Strangers have hereafter liberty to bring all sorts of Goods into Prohibited Ports both Parties respectively to have the same Priviledge But if at any time hereafter it be permitted to any Foreign Nations to bring all kinds of Commodities without exception into England Scotland and Ireland and other the Ports belonging to the King of Great Britain then the same also shall be lawful for the Subjects of the King of Denmark Which in like manner shall be permitted to the Subjects of the King of Great Britain upon the like occasion in the Prohibited Ports and Colonies of the King of Denmark VIII It is also Covenanted and Agreed The English to pay no greater Duries then other Strangers except the Swedes That the People and Subjects of the King of Great Britain Sailing to any the Hereditary Kingdoms Countries or Dominions of the King of Denmark or Trading in the same shall pay no more or greater Customs Tribute Toll
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
Certifie That _____ Master or Skipper of the Ship _____ appeared before Us and declared by solemn Oath That the said Ship called the _____ containing about _____ Lasts of which he is at present Master or Skipper belongeth to the Inhabitants of the Vnited Netherlands So help him God And in regard it would be most acceptable to Us that the said Master or Skipper be assisted in his just and lawful Affairs We do request you and every of you wheresoever the said Master or Skipper 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 caused the Seal of Our City to be hereunto put Dated at _____ in _____ the _____ day of _____ in the Year of our Lord _____ In Testimony and Confirmation of all and singular the Premisses We the Commissioners of his Majesty and the Lords the States General aforesaid being sufficiently Impowered thereunto have to these Presents Subscribed Our Names and Sealed them with Our Seals At London the First day of December 1674. Tho. Culpeper G. Downing Richard Ford Will. Thomson John Jollife John Buckworth J. Corver G. Sautyn Samuel Beyer And. Van Vossen P. Duvelaer M. Michielzen Explanatory Declaration upon certain Articles of the Marine Treaties Concluded between His Majesty and the States General of the Vnited Provinces Febr. 17. 1667 8 and Decemb. 1. 1674. WHereas some Difficulty hath arisen concerning the Interpretation of certain Articles as well in the Treaty Marine which was Concluded the First day of December 1674 as in that which was Concluded the 17th of Febuary 1667 8 between his Majesty of Great Britain on the one Part and the States General of the United Provinces of the Low-Countries on the other relating to the Liberty of their respective Subjects to Trade unto the Ports of each others Enemies We Sir William Temple Baronet Ambassador Extraordinary from his said Majesty of Great Britain in the Name and on the Part of his said Majesty and We William Van Heuckelom Daniel Van Wyngaerden Lord of Werckendam Gaspar Fagel Counsellor and Pentioner of Holland and West-Friesland John de Mauregnault John Baron of Reede and Renswoude William de Haren Gretman of the Bilt Henry Ter Borgh and Luke Alting Deputies in the Assembly of the said States General for the States of Guelderland Holland Zealand Vtrecht Friesland Overissell Groningen and the Omlands in the Name and on the Part of the said States General have Declared as We do by these Presents Declare That the true Meaning and Intention of the said Articles is and ought to be That Ships and Vessels belonging to the Subjects of either of the Parties can and might from the Time that the said Articles were Concluded not only Pass Traffick and Trade from a Neutral Port or Place to a Place in Enmity with the other Party or from a Place in Enmity to a Neutral Place But also from a Port or Place in Enmity to a Port or Place in Enmity with the other Party whether the said Places belong to one and the same Prince or State or to several Princes or States with whom the other Party is in War And We declare That this is the true and genuine Sence and Meaning of the said Articles pursuant whereunto We understand That the said Articles are to be observed and executed on all occasions on the Part of his said Majesty and the said States General and their respective Subjects Yet so that this Declaration shall not be alledged by either Party for Matters which happened before the Conclusion of the late Peace in the Month of February 1673 4. And We do promise That the said Declaration shall be Ratified by his said Majesty and by the said States General and that within Two months or sooner if possible reckoning from the day and date of this Declaration the Ratifications of the same shall be brought hither to the Hague to be here Exchanged In witness whereof We have Signed these Presents at the Hague this 30th day of December 1675. L.S. W. Temple L.S. W. Van Heuckelom L.S. D. Van Wyngaerden L.S. Gasp Fagel L.S. Jo. Mauregnault L.S. John Baron van Reede vry Heer van Renswoude L.S. W. Haren L.S. H. Ter. Borgh L.S. L. Alting Capitulations and Articles of Peace between the Majesty of the King of Great Britain France and Ireland c. and the Sultan of the Ottoman Empire as they have been Augmented and Altered in the Times of several Ambassadors ACcording to my Imperial Command let it be observed and let no Act be permitted contrary hereunto MAHOMET THE Command of this Sublime and Lofty Imperial Signature preserved and exalted by Divine Providence whose Triumph and Glory is renowned through all the World By the Favour of the Nourisher of all things and Mercy and Grace of the Merciful I that am the powerful Lord of Lords of the World whose Name is formidable upon Earth giver of all Crowns of the Universe Sultan Mahomet Han Son of Sultan Ibrahim Han Son of Sultan Ahmet Han Son of Sultan Mahomet Han Son of Sultan Murat Han Son of Sultan Selim Han Son of Sultan Soliman 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 important Affairs of the Nazarene Nation Lord of the Limits of Decency and Honour of Greatness and Fame Charles the Second King of England and Scotland that is of Great Britain France and Ireland whose End and Enterprises may the Omnipotent God conclude with Bliss and Favour with the Illumination of his holy Will In Times past the Queen of the aforesaid Kingdoms sent divers of her esteemed Gentlemen and Persons of Quality with Letters and Ships to this Imperial High Port the Refuge of the Princes of the World and 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 and Presents were gratefully accepted making Declaration and offering in the Name of the said Queen an entire good Peace and pure Friendship and 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 License and gave into the hands of the English Nation divers especial and Imperial Commands to the end that they might safely and securely come and go into these Dominions and in coming or returning either by Land or Sea in their Way and Passage
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
to continue in force for Nine months and the Consideration of a new one to be referred to Commissioners be continued for Nine months after the Publication of this present Treaty unless it shall be otherwise Agreed on by a subsequent Treaty and that in the mean time the Consideration of a new one be referred to the same Commissioners to whom the Trade in the East-Indies is referred in the subsequent Article But if such Commissioners within Three months after their first meeting shall not agree upon a new Marine Treaty In case the Commissioners shall not Agree within three months it shall be left to the Arbitration of Spain then that Matter shall also be referred to the Arbitration of the Most Serene Queen Regent of Spain in the same manner as the Regulation of the East-India Trade is referred to her Majesty in the said Article next following IX In respect that upon the mutual free Concerning a Regulation of Commerce in the East-Indies and undisturbed enjoyment of Trade and Navigation not onely the Wealth but the Peace likewise of both Nations is most highly concerned there ought nothing to be so much the care of both Parties as a just Regulation of Trade and particularly in the East-Indies and yet in respect that the weightiness of the Matter requireth much time to make firm and durable Articles to the Content and Security of the Subject on both Sides and on the other side the bleeding Condition of most part of Europe as well as of the two Parties concerned earnestly demand a speedy Conclusion of this Treaty the King of Great Britain is pleased to condescend to the Desires of the States General to have the Consideration of the same referred to an equal number of Commissioners to be nominated by each Party the said States General Engaging themselves to send those of their nomination to Treat at London with those to be nominated by his Majesty Commissioners to be sent to London to Treat about the same and this within the space of Three months after the Publication of this Treaty The number to be nominated by each to consist of six Persons And in case that after Three months from the time of their first Assembling they shall not have the good success to conclude a Treaty the Points in difference betwixt them shall be referred to the Arbitrement of the Most Serene Queen Regent of Spain who shall nominate eleven Commissioners and whatsoever the major part of them shall determine as to the remaining Differences shall oblige both Parties Provided still that they deliver their Judgment within the space of Six months from the day of their Assembling which shall likewise be within the space of Three months after the said Most Serene Queen Regent of Spain hath accepted of the being Umpire X. That whereas the Most Serene Queen Regent of Spain hath given Assurance to his Majesty of Great Britain 800000 Patacoons to be paid to his Majesty That the said States General should upon the making of the Peace pay unto his said Majesty the King of Great Britain the Sum of 800000 Patacoons The said States General do Promise and Covenant to pay the said 800000 Patacoons in this following manner viz. A fourth part as soon as the Ratification of this Treaty shall be mutually Exhibited and the rest the three ensuing Years by equal Portions XI The aforesaid Most Serene King of Great Britain and the said High and Mighty States General of the Vnited Provinces shall observe sincerely and bona fide all and singular the Matters Agreed and Concluded in this present Treaty and cause the same to be observed by their Subjects and Inhabitants nor shall they directly or indirectly violate any of them or suffer them to be violated by their Subjects or Inhabitants About the Ratification And they shall Ratifie and Confirm all and every thing as before Agreed by Letters Patents Subscribed with their Hands and Sealed with their Great Seals conceived and written in sufficient valid and effectual Form and shall deliver or cause the same to be delivered reciprocally within Four weeks after the Date of these Presents or sooner if it may be bona fide really and with effect XII Lastly And Publication Assoon as the said Ratifications shall have been duly and mutually Exhibited and Exchanged the Peace shall be Proclaimed at the Hague within Four and twenty hours after the Delivery and Exchange there made of the said Ratifications Done at Westminster the 9 19 day of February 1673 4. 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 High and Mighty Lords the States General of the United Netherlands to be observed throughout all and every the Countries and Parts of the World by Sea and Land Concluded at London the First day of December 1674. S.V. Article I. THat it shall and may be lawful for all and every the Subjects of the Most Serene and Mighty Prince English to Trade freely to all Places in Amity or Neutrality with the States the King of Great Britain aforesaid 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 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 High and Mighty States General of the Vnited Netherlands or to their Subjects upon occasion or pretence of any Hostility or Difference which now is or shall hereafter happen between the said Lords the States General and any Princes or People whatsoever in Peace Amity or Neutrality with his said Majesty And likewise that it shall and may be lawful for all and every the Subjects of the said High and Mighty Lords the States General of the Vnited Netherlands Dutch to Trade freely to all Places in Amity or Neutrality with England 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 Lords the States So that they shall not be any ways hindred or molested in their Navigation or Trade by the Military Forces not by the Ships of War or any other kind of Vessels whatsoever belonging either to the Most Serene and Mighty King 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 Lords the States II. Nor shall this freedom of Navigation and Commerce be infringed by
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
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
who of their own will elected to Trade under the Banner and Protection of the Ambassador and Consul of the King of England And whilst in all Scales and Ports in these Parts they had refuge to the Banner and Protection of the English Consuls It seemeth that the French Ambassador by some means having a new gotten into their Capitulations that the said Merchant-Strangers should come under their Banner did endeavour to force them in all Scales to their Protection for which cause the Controversie was again renewed and referred to our Divan or Great Council which after a due Examination and a new Election permitted to the will and choice of the said Merchants they again did desire to be under the Protection of the Ambassador of the King of England notwithstanding it being made known to the Imperial Port that as yet the French Ambassador did not desire to molest the said Merchants nor to force them under his Protection the first Article written in the French Capitulations that the Merchant-Strangers should come under their Protection was by the Imperial Command made void and annulled And to the end that according to the ancient Custom of the said Merchant-Strangers they should always come under the Banner and Protection of the Ambassador or Consuls of England and that never hereafter they should be vexed or troubled by the French Ambassador in this Point the said Ambassadors of his Majesty of England having desired that this Particular should be written and Enrolled in this new Imperial Capitulation this present Article was accordingly Inserted and by the Imperial Authority it is Commanded That for ever in time to come Merchants of the said Princes in the mentioned Form and according to this Imperial Command in their hand shall always be under the Banner and Protection of the Ambassador and Consuls of England XXXIV There shall never be permitted or granted any Imperial Commands contrary to the Tenor and Articles of this Imperial Command or Capitulation No Imperial Command contrary to these Articles to be granted nor in prejudice of this our Peace and Amity but in such occasion the cause shall first be certified to the Ambassador of England Residing at the Port to the end that he may answer and object any scandalous Action or other Pretence which might infringe the Peace and League XXXV The English Merchants of all the Merchandise which they shall bring or Transport in their Ships For enforcing Consulage having paid the Custom they shall also pay the Right of Consulage to the English Ambassador or Consul XXXVI The English Merchants Permission to Trade in all Parts of the Turks Dominions and all under their Banner shall and may safely throughout our Dominion Trade Buy Sell except only Commodities prohibited all sorts of Merchandise likewise either by Land or Sea they may go and Traffick or by the way of the River Tanais in Moscovia or by Russia and from thence may bring their Merchandize into our Empire also to and from Persia they may go and Trade and through all that part newly may go and Trade and through those Confines without the impediment or molestation of any of our Ministers and they shall pay the Custom and other Duties of that Country and nothing more XXXVII The English Merchants Three per Cent. Custom and all under their Banner shall and may safely and freely Trade and Negotiate in Aleppo Cairo Scio Smyrna and in all Parts of our Dominions and according to our ancient Customs of all their Merchandize they shall pay Three in the Hundred for Custom and nothing more XXXVIII The English Ships which shall come to this our City of Constantinople Vessels forced by Weather if by fortune of Seas or ill Weather they shall be forced to Coffa or to such like Port as long as the English will not unlade and sell their own Merchandise and Goods no man shall enforce them nor give them any trouble or annoyance but in all Places of danger the Caddees or other of our Ministers shall always protect and defend the said English Ships Men and Goods that no damage may come unto them and with their Money may buy Victuals and other Necessaries and desiring also with their Money to hire Carts or Vessels which before were not hired by any other to Transport their Goods from Place to Place no man shall do them any hindrance or trouble whatsoever XXXIX The English Nation Goods not Landed to pay no Custom of all the Merchandise which in their Ships shall be brought to Constantinople or to any other part of our Dominions which they shall not desire of their own accord to Land or Sell of such Goods there shall not be demanded or taken any Custom at arrival at any Port and having Landed their Merchandise and paid their Customs and other Duties they may quietly and safely depart without the molestation of any man XL. In regard English Ships coming into our Dominions Idem do use oftentimes to touch in some part of Africa and there take in Pilgrims and Mahometan Passengers to Transport them to Alexandria and arriving at that Port it seemeth that the Customers and other Officers do pretend to take Custom of all Goods which are found in their Ships before the Merchants are willing to Land any by occasion of which molestation they have forborn to Transport any Pilgrims And in like manner their Ships which come to Constantinople and carry divers Merchandise to Transport part thereof to other Places the Customers and Farmers would enforce to Land and pretend to take Custom thereof Wherefore we do Command That all the English Ships which with their Merchandise shall come into this Port of Constantinople Alexandria Tripoli of Suria Scanderoon or into any Port whatsoever of our Empire according to use they shall pay only Custom of such Goods which with their own will they shall design to sell and such other Merchandise as they discharge not from their Ships willingly our Customer shall not demand nor take Custom nor other Duties but they may Transport them whithersoever they please XLI And if it shall happen that any of the said English Nation Matters of Manslaughter or any under their Banner shall commit Manslaughter Bloodshed or any other like Offence or that there shall happen any Cause appertaining to the Law or Justice until the Ambassador or Consul shall be present to Examine the Cause the Judges nor other Ministers shall not Decide nor give any Sentence but such Controversie shall always be declared in the presence of the Ambassador or Consul to the end that no man be Judged or Condemned contrary to the Law and the Capitulations XLII Whereas it is written in the Imperial Capitulations that the Goods Landed out of any English Ship which shall come into our Dominions and pay Custom ought also to pay the Duty of Consulage to the English Ambassador or Consul Foreigners Consulage to be paid it seemeth that
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
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
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
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
Friendship The English at all times to have liberty to go away with their Estates but likewise if any Breach or War happen to be hereafter between the said King of Great Britain and the Kingdom of Algiers the said English Consul and all other his said Majesties Subjects Inhabiting in the Kingdom of Algiers shall always and at all times both of Peace and War have full and absolute liberty to depart and go to their own or any other Country upon any Ship or Vessel of what Nation soever they shall think fit and to carry with them all their Estates Goods Families and Servants without any interruption or hindrance XIX That no Subject of his said Majesty English Passenger on Board a Ship in Enmity with Algiers not to be molested and so neither an Algerine on Board a Ship in Enmity with England being a Passenger and coming or going with his Baggage from or to any Port shall be any way molested or meddled with although he be on Board any Ship or Vessel in Enmity with Algiers And in like manner no Algerine Passenger being on Board any Ship or Vessel in Enmity with the said King of Great Britain shall be any way molested whether in his Person or in his Goods which he may have Laden on Board the said Ship or Vessel XX. That at all times when any Ship of War of the King of Great Britains English Admiral to be Saluted first carrying his said Majesties Flag at the Main-Top-Mast-Head shall appear before Algiers and come to an Anchor in the Road That immediately after notice thereof given by his said Majesties Consul or Officer from the Ship unto the Dey and Government of Algiers they shall in Honour to his Majesty cause a Salute of One and twenty Cannon to be Shot off from the Castles and Forts of the City and that the said Ship shall return an Answer by Shooting off the same number of Cannon XXI That presently after the Signing and Sealing of these Articles by the Bashaw All Injuries to be forgotten and Satisfaction to be made for Damages committed afterwards Dey Aga and Gover nors of Algiers all Injuries and Damages sustained on either Part shall be quite taken away and forgotten and this Peace shall be in full force and virtue and continue for ever And for all Depredations and Damages that shall be afterwards committed or done by either Side before notice can be given of this Peace full Satisfaction shall immediately be made and whatsoever remains in kind shall be instantly restored XXII That in case it shall happen hereafter that any thing is done or committed contrary to this Treaty This Peace not to be broken in case of any Contraven●●on but Satisfaction to be first demanded whether by the Subjects of the one or the other Party the Treaty notwithstanding shall subsist in full force and such Contraventions shall not occasion the Breach of this Peace Friendship and good Correspondence but the Party injured shall amicably demand immediate Satisfaction for the said Contraventions before it be lawful to break the Peace and if the Fault was committed by any private Subjects of either Party they alone shall be punished as Breakers of the Peace and Disturbers of the Publick Quiet And Our Faith shall be Our Faith and Our Word Our Word Confirmed and Sealed in the Presence of Almighty God the Tenth day of April in the Year of our Lord Jesus Christ One thousand six hundred and eighty two And in the Year of the Hegira One thousand ninety three and the Eleventh day of the Moon Abril L. S. L. S. L. S. WHereas on the Tenth day of April 1682. there was a Treaty of Peace Concluded between the Most Serene King of Great Britain France and Ireland Defender of the Christian Faith c. and the Most Illustrious Lords the Bashaw Dey Aga and Governors of the City and Kingdom of Argiers to which Treaty there was annexed a Form of Passes for the Ships belonging to the Subjects of the said King of Great Britain It is hereby Agreed and expresly Declared That the said Form annexed to the said Treaty being no part thereof the Lords High Admirals or Commissioners of the Admiralty of his said Majesties Dominions are at full liberty in giving the said Passes to use the Form of Words hereunto annexed which shall be good and sufficient to all intents and purposes Confirmed and Sealed in the Presence of Almighty God the Fifth day of March in the Year of our Lord Jesus Christ One thousand six hundred eighty and two being in the Year of the Hegira One thousand ninety four and the Seventeenth day of the Moon Moolout L. S. L. S. L. S. Form of the Pass Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises without any Let Hindrance Seizure or Molestation the said Ship appearing unto Me or Us by good Testimony to belong to the Subjects of Our Sovereign Lord the King and to no Foreigners Given under My Hand or Our Hands and the Seal of My or Our Office of Admiral at _____ the _____ day of _____ in the Year of our Lord One thousand six hundred eighty _____ To all Persons whom these may concern By Command of _____ Note THat the late Commission of the Admiralty of England having been determined and the Administration of the Affairs thereof and particularly that of Signing Passes taken into his Majesties own Royal Hand the Form of the forementioned Pass has received the following Alterations Viz. JAMES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Persons whom These may concern Greeting Suffer the Ship _____ to pass with her Company Passengers Goods and Merchandises Locus Sigilli without any Let Hindrance Seizure or Molestation The said Ship appearing unto Us by good Testimony to belong to Our Subjects and to no Foreigner Given under Our Sign Manual and the Seal of Our Admiralty at Our Court at _____ _____ this _____ day of _____ In the Year of our Lord One thousand six hundred Eighty JAMES R. By His Majesties Command S. Pepys FINIS