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

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THE CAPITVLATIONS AND ARTICLES Of peace betvveene the MAIESTIE of the KING OF ENGLAND SCOTLAND FRANCE IRELAND c. And the SVLTAN of the OTTOMAN EMPIRE as they haue beene augmented altered in the times of euery Embassadour And as novv lately in the City of Adrianople in the month of Ianuary 1661 they haue beene augmented renevved amplifyed vvith diuerse additionall articles priuiledges vvhich serue tovvards the maintenance of a vvell grounded Peace 〈◊〉 securitie of the trade trafficke of his Maiesties subiects in the Leuant by his Excellency HENEAGE EARLE OF VVINCHILSEA Embassadour Extraordinary from his MAIESTIE CHARLES THE SECOND KING OF GREAT BRITTAINE FRANCE IRELAND to SVLTAN MAHOMET HAN the Most Puislant PRINCE EMPEROVR of the TVRKES Set forth Published by PAVL RICAVT Esquire Secretary to his Exc llencie the Lord Embassadour Licensed by his EXCELLENCIES speciall Order Printed at CONSTANTINOPLE by Abraham Gabai chaf nahat in the yeare of our Lord 1663. THE EPISTLE DEDICATORY TO THE RIGHT VVORSP LL S R ANDREVV RICCARD GOVERNOVR THE DEPVTIE ASSISTANTS OF THE COMPANIE OF MERCHANTS TRADING IN THE LEVANT SEAS RIGHT VVORSP LL S R S RS Hauing beene often sollicited by the Consuls of the seuerall Factories in Tur●y by other priuate merchants my esteemed friends for true coppies of the Capitulations vvee haue vvith the Grand Sig. as they vvere last renevved enlarged vvith aduantagious additions priuiledges by his Excellencie the Earle of vvinchilsea Our present Lord Ambassadour I apprehended that printing some coppies thereof vvould excuse mee from a greater paines then transcribing so many vvould bee as might satisfy my friends vvould serue for a good light information to euery member concerned in the Leuant trade of the true extent of the articles vvee hold vvith the Turkish Empire that so they may neither omit to take those aduantages in their trade vvhich Our Capitulations allovv nor ignorantly confiding to vvhat vvas neuer granted agreed runne into those errours vvhich your com̄on purse hath so often been forced to rectify repaire These Capitulations or articles of peace first opened our traffick vvith the Turkes in the Reign of Queene Elizabeth about 80 yeares past since haue beene explained enlarged in the time of allmost euery Ambassadour vvith such alterations as the state of affaires the abuses iniquitie of the times suggested And yet all the uigilance caution of the many vvise resolute Ministers that haue acted in his Embasse could neuer nor neuer vvill bee able to prouide those prudent remedies that may bee proofe a guard impregnable against the pretences uiolence o● the Turkish auarice The present ●mbassadour my most esteemed Lord vvhom I haue the honour to serue as Secretary of his ovv●● the af●aires of your Right VVorshipfull societie hath contributed an affectuall addition to this vvorke vvhich by a●uice information from all the Factories in Turky of their respectiue agreiuances is as amply co●firmed as the hand authoritie of the Emperour lavv of nations can establish to vvhich proposalls tendered by the merc●ants the vvarre then hot vvith Algier occasioned his Excellencie to insert o●her cautions against the pyracies of Barbarie vvhen at Adrianople hee encountred the messengers that broug●● complaints of the assault his Maies●ies Fleet against the Capi●●latio●● Articles of peace had made upon the Gra●d Signors to vv●e of Algier to vvhich allegations his ●xcellencie made those prudent rep●ies that neither the priuiledge of their Sect nor their late presents nor relation as subiects could prevaile to afford them matter of fauour or counten●nce And at hovv easy cheap a rate your threa●ned es●ates vvere then protected the accounts sen● you home vvill iustify the inconsiderable Auances that haue happened since his arriuall are a testimonie of the great vvisdome care of his Excellency That if it please God to con inue the same successe to him in the remainde● of his time bles●ed vvith the present flo●rishing estate of your trade his returne may bee celebrated vvi●h the same glory of the most happy fortunate of Embassadours These Capitulations being thus compleated to vvhich nothing can at present bee thought or to make more perfect ●or no oppress●on imaginable vvhich ●eet● not a prohibition herein untill the ma●itious inuention of the Turkes vvhich is ingenious in nothing but in matters of their intere●● espy some unarmed part in vvhich to vv●●rd Vs It is the vvi●dome ●igilance reso u●ion of the Embas adour to maintaine them in reuerence obseruation in vvhich that course method is to bee taken as is not practised in the Courts of Christendome is of that different forme in matte● proceeding as vvill render an experienced Minister in the treaties of other countries a Nouice in this untill ti●e conuersa●ion hath instructed him in a nevv science unacq●inted Maximes of State policie The Capitulations the Grand Sig. r giues to us other Christians tha● t●●ff ck vvith ●im are in my opinion of an other nature forme then articles of peace are usuall to bee betvveene tvvo nations for hee requires no counterpart from his Maiestie vvhereby to oblige him to performe the ●ame conditions vvith himself but as if hee needed expected nothing from the English conferres on them seuerall Imperiall im̄unities priuiledges as his Charter Acts of grace vvithout demand of any returnes vvhich hee accounts as a diminution to his all containing Maiesty to bee needfull or vvanting of And this p●ide is ●o naturall to the Turkes so necessary to bee flattered by those vvho vvould maintaine the intercourse of peace trafficke vvi h them that it is no meane Art to knovv vv●ll how to nourish d●lly vvi●h their barbarous humour But it is beyond I must confesse my capacitie to bee more then superficially acquainted vvith these mysteries it is for my Lord to bee Master profoundly uersed in them vvho knovves the times both to threaten to flatter vvhen vvith resolute vvords or soft speeches to dispearse calme those stormes vvhich vvee vvho liue under the arbitrary vvill of Tyrants doe often foresee yet dissolue before the fury reach arriue you This is the care study of his Excellencie vvho hath many times occasion to bee more tender of your safetie then his ovvne to interpose himself his betvveene you the barbarous rage And vvhen I vvho am one of the meanest of those concerned in your interest ●an bee of seruice ●se to the publick benefit of the Right vvorshipfull societie I shall thinke my life too meane a sacrifice to o●fer to you for hauing receiued so many obligations from your vvorships testimonies of your bountie I iudge my self for euer bound to subscribe my self Right VVorshipfull Your VVorships most faithfull most deuoted Seruant PAVL RICAVT THE PRINTER TO THE READER COVRTEOVS READER If in perusing these follovving Capitulations you
Sir Thomas Bendis● arriued to resid● at the Port vvith hi● present co●rteous letter the vvhich vv●● in l●ke manner vv●ll accepted and the said Embassadour hauing tend●red t●e Imperi●ll Capi●ulation formerly granted that accordi g to the anti●nt Cannon they might bee renevved It is ●er ●y againe com̄anded that all the points particular Articles therein bee obserued maintained LV And because contrary to the sence tenure of them the ships of ●h●●nglish mer●●●●●●s before they arr●●● at th● S●al●●enerall Officers did goe upon them uiolently force out of ●●e ●●ips the goods of the m●rchants taking avvay the choi●e of them vvithout 〈◊〉 ●or the Price or making any account vvith the ovvners LVI And farthermore the said m● chants hauing once payed the custome for their goods at the 〈◊〉 ●●i●g ●●●●rous to ●●●●port the ●●●e good 〈◊〉 an ●●h●r 〈◊〉 customers di●●●●●● d●●●i●e them u●●ill 〈◊〉 r●●●iue other second 〈…〉 LVII And vvher●●● in the Imperiall C●p●tu●●●●● is ●xpres●●● that in all the differences suites vvith the English Nation our Magistrates are not to heare nor decide the cause unlesse their Embas●●●our or Consul bee there present Of late our Iudges vvithout t●e Knovvledge of their Embassadour haue condemned imprisoned 〈◊〉 taken presents from the English Nation vvhich is a great vvrong done to them LVIII Also vvhereas in the Imperiall Capitulations it is ordered that the Customers shall not take any custome for such gold dollars as by the English Nation shall bee brought in or carried out of Our Imperiall Dominions that the merchants are to giue only three percent for the custome of t●eir goods no more the Customers notvvithstanding doe pre●end to take custome for their ●●equeens dollars to take more custome then their due for their ravv silkes vvhich they buy of the goods vvhich they land at Scanderoone to carry up to Aleppo they demand six per cento vvhich uniust exactions haue beene heretofore rectifyed redressed vvith an expresse Hatte sheriffe But being novv againe informed that the said ●nglish merchants are as before vvronged by reason that the Customers doe ualue estimate the goods of the English merchants more then they are vvor●h though the Customers are to haue bu● three percent yet by an ouer ualuation of the goods they take from them six per cent And the seruants of the Custome house under pretence of small duties and expences vvrongfully take great sum̄es of mo●y from them And a greater number of vvaiters being put aboard the English ships then heretofore haue beene used the charges thereof are a great expence to the merchants masters of ships that sustaine it To all vvhich vvee being requested for a redresse doe Com̄and that vvhen the Customers doe set great ualues upon their goods th merchant offering to them according to the rate of three per cent in specie of the same goods the Customers shall not refuse but accept the same And being desired by the English Embassadour that the bone specifyed abuses iniustice should bee rectifyed vvee Doe Com̄and that contrary to the Imperiall Capitulations the English merchants bee neither in the foregoing particulars nor in any other manner troubled nor their priuiledges uniustly infringed The Embassadour of the King of Great Brittaine sir Heneage ●inch Knight Farle of VVinchilsea Viscount Maidston Baron Fit●herbert of ●a●●vvell Lord of the Royall Mannour of vvye I Leiuetenant of the Coun●ie of Kent Citty of Canterburie vvhose end may it terminate vvi●h blisse did a●riue vvith his presents and vvith all sinceritie aff●ction vvas accompanied vvith letters amply expressing the good friendship correspondence that aboue said Embassadour hath presented the Capitulations that they might bee renevved according to the Cannon And that ●o●e Articles of great consideration vvhich vvere before in the ●apitulations may bee more punctually ob●erued the said 〈◊〉 a● adour did de●ire that they might bee againe renevved more ● ainly expressed in the Imperiall Capitulations His request vvas graciously accepted one of vvhich points is this LIX That the gallies other uessells of the Imperiall Fleet departing the dominions of the Grand Signor meeting on the s●a vvith the ships of England they shall in no vvise giue them molestation nor detaine them in their uoyage nor take from them any thing vvhatsoeuer but ought a●lvvayes to shovv to one other good friendship vvithout doing the least damage And it being thus dec ared in the Imperiall Capitulations the B●yes and Captaines vvho saile upon the Seas those of Algier T●● is Tripoli meeting English ships vvhich saile from one Port to an other ought not ●o take from them any mony or goods u●on pretence that their ships transport enemies goods there u●on search them vvith this colour molest de●aine them from prosecution of their uoyage so that only at the mouth of the castles in the Ports vvhere the searchers belonging to the customes usual y come aboard their goods shall bee examined but on the Sea they shall bee lyable to no farther search or inquisition LX And contrary to the Articles of the Imperiall Capitulations the goods of the English Nation ought to receiue no molestation ●auing once paid the Custome nor shall the customers deny to giue the ●eschere or certificate that the custome is ●aid for upon complaint hereof vvee strictly com̄and that the a●oresaid Cu●●omers doe not deferre im̄ediately upon demand to giue the Teschere or certificate LXI And the custome being once paid of any sort of merchandize not sold in that Port vvhich is to bee transported to an other Scale entire credit shall bee giuen to the Teschere a second custome shall not bee so much as farther pretended LXII In Aleppo Cairo other parts of the Imperiall Dominions the English merchants their seruants may freely frankly trade for all their goods merchandize pay only three per cento according to the former custome the Imperiall Capitulations vvhether the goods bee brought by sea or by land And though the Customers Farmers upon the arriuall o● the goods at the Scale to giue molestation trouble ●o th● English Nation pretend that the goods of the grovvth manufacture of E●●land ought only to pay three per cent but goods brought from Ve●ice other places are obliged to pay more vvith this colour pretence occasion suites troubles to the English vvherefore in this point let the Imperiall Capitulations bee obserued as in former times Our officers ought in no vvise to permit the contrary hereunto LXIII An Englishman becoming indebted or hauing made himself pledge for an other vvho is either failed or runne avvay the debt ought to bee demanded of the debtour And if the Creditor haue no Hoge● that such an o●e according to the lavv hath made himself pledge securitie the debt shall not bee demanded of the other vvhich Article is allready declared in the capitulations LXIIII VVhereas some times an Englishman liuing in a country to free himself from a debt dravves a ●ill of Exchange upon an other Englishman vvho hath no ef●ects of his in his handes the person to vvhom the mo●y is paya●le being a man of povver authoritie brings ●i●●ill ●●ntrary to the lavv the Capitulations d●●ands forces payment of the bill in vv●ich case the merchant accepting the bill shall bee obliged to satisfy it but not accepting of it hee shall bee lyable to no farther trouble LXV And the Interpreters of the ●●b●s●adour of England being free by the Articles declared in the ●●●i●●t ●apitulations of all Angaria or taxes by uertue also of ●●is prese●t article vvhen any of the said In●erp●eters die their goods or estate shall not bee subiect to the Cassam but shall bee deuided amongst the creditours ●eires LXVI And the King of England being a true friend to this Our happy Port To his Em●●s●a●●ur vvho re●●●●● here ten Ser●●nts of vvhat nation soeuer shall bee allovved f ee from Harach or taxes or moles●ation of any man LXVII An Englishman tur●ing Mahometan hauing good● or estate in hi●●a●d●●el●●gi●● to his English ●rincipalls t●●se goods or estate s●●●●●ee deliuered into the hands of the ●●bas●●dour or Consul tha● they may conuey make them good to the true ovvners Let all the forementioned Articles bee punctually obserued And th● said ●●●as●adour des●ring ●●at th●se additions s●ould bee i●serted in the I●peria●l Capit●●●ti●ns his re●●●● vvas graciously receiued ●he Imperiall Capi●u●●tions vvhic● vvere formerly giuen are renevved conioyned vvith these ●resent And according to Our Imperiall Signature let this Imperiall Capitul●tion bee againe granted And VVEE COMMAND that vvhiles this present King of England CHARLES the Second vvhose end terminate in blisse happinesse doth in the same manner as in the times of my deceased progenitors conserue the like friendly faithfull correspondence I doe Accept PROMISE to obser●e ●ccording to my promise oath I Svveare Promise by that One God Creatour of Heauen Earth of all the Creatures that contrary to these present Capitulations no breach nor uiolence shall bee offered either by mee or mine but shall bee obserued by all In the Imperiall City of ADRIANOPLE VVritten at the end of the Moone of Zemasiel Vlla in the yeare 1072. VVhich is in the month of Ianuary 1661. FINIS
as they discharge not from their ships vvillingly our customer shall not demand nor take custome nor other duties but they may transport them vvhether soeuer they please XXXXI And if it shall happen That any of the said English Nation or any under their banner shall com̄it man slaughter bloudshed or any other like offence or that there shall happen any cause appertaining to the lavv or Iustice untill the Embassadour or Consul shall bee present to examine the cause the Iudges nor other ministers shall not decide nor giue any sentence but such controuersie shall allvvayes bee declared in the presence of the Embassadour or Consul to the end that no man bee Iudged or condemned contrary to the lavv the capitulations XXXXII VVhereas it is vvritten in the Imperiall Capitulations that the goods landed out of any English ship vvhich shall come into our dominions pay custome ought also to pay the dutie of Consulage to the English Embassadour or Consul it seemeth That diuerse Mabometan merchants Sciots other merchants in peace amitie vvith this Imperiall Port other merchant strangers doe deny refuse to pay the right of consulage VVherefore It is com̄anded that all the merchandize vvhich shall bee laden upon their ships haue paid custome bee they goods of vvhomsoeuer according to antient Imperiall Capitulations they shall pay the right of Consulage to the Embassadour or Consul of England vvithout any contradiction XXXXIII That English merchants vvhich trade at Aleppo those under their banner of all the silke vvhich they shall buy lade upon their ships shall pay the custome other duties as the french Venetian merchants doe pay not one asper or farthing more XXXXIIII As the Embassadours of the King of England vvhich shall bee Resident in this Imperiall Court are the Representatiues Comissioners of the person of his Maiestie so the Interpreters are to bee esteemed the Com̄issioners of the Embassadour Therefore for such matter as the Interpreters shall translate or speake in the name or by the order of the Ambassadour it being found that that vvhich they haue translated to bee according to the vvill order of the Embassadour or Consul they shall bee allvvayes free from any imputation or punishment And in case they shall com̄it any offence our ministers shall not put any of the said Interpreters in prison nor beat them vvithout knovvledge of the Ambassadour or Consul in case any of the English Interpreters shall die if hee bee an Englishman all his goods or faculties shall bee possessed by the Ambassadour or Consul of England but if bee shall bee a subiect of our dominion they shall bee consigned to his next heire hauing no heire they shall bee taken into our Exchequor And as in this particular so also in all other the aboue mentioned articles priuiledges granted by our forefathers of happy memorie It is expressely com̄anded Ordained That all our slaues shall euer obey obserue this Imperiall Capitulation that the peace amitie shall bee respected maintained vvithout any uiolation vvhatsoeuer XXXXV Since vvhich time of our fore fathers of famous memorie the gran● of these aboue mentioned Capitulations articles establishment of peace amitie the said King of England hauing in the time of our grand father of happy memorie Sultan Mahomet Han sent one his vvell desired Ambassadour a person of qualitie to this high Port to confirme this peace articles Capitulations vvhich Embassadour did declare that often times there vvere to diuerse persons Imperiall com̄ands granted subreptitiously procured contrary to the tenour articles of the Imperiall capitulations vvhich being vvithout our knovvledge presented to our Iudges and Gouernours the da●es of such com̄ands being more fresh then those of our Imperiall Capitulaions the Iudges ministers doe put in execution the priuate com̄ands preiuditial contrary to these Imperiall To the end therefore that for the time to come such commands shall not bee accepted of any but that the imperiall Capitulations might bee allvvayes obserued maintained according to the sincere meaning the said Ambassadour demonstrating the sinceritie of his Maiestie his request herein to our Imperiall knovvledge vvhich vvas most acceptable in conformitie thereuto it vvas expressely ordered That all such com̄ands vvhich allready haue beene or shall hereafter bee granted vvhich are or shal bee repugnant to the tenour of this Imperiall Capitulation vvhatsoeuer such commands sh●ll bee vv●en presented before our Caddees or other ministers should neuer bee accepted or put into execution but that allvvayes the tenour of the Imperiall Capitulations shall bee obserued And vvhosoeuer shall present such com̄and contrary to the Capitulations they shall bee taken from him in no vvise bee of any force or ualiditie In vvhich time also on the part of our said Grand father all the aboue vvritten Priuiledges Articles Capitulations vvere accepted ratifyed the peace amitie good correspondence antiently contracted vvas a nevv of him confirmed established XXXXVI In the time of the inauguration of Sultan OSMAN Han in the Imperiall high throne the King of England did againe send a famous noble Geentleman his Embassadour vvith letters presents vvhich vvere most acceptable And the said Ambassadour desiring in the name of his King Lord that the antient Capitulation articles contracts granted in the dayes of our forefathers should bee of him renevved confirmed the antient peace amitie anevv fortifyed established vvhich his request vvas to the said Sultan Osman most acceptable And the antient Capitulations articles Priuiledges herein vvritten confirmed the long since contracted peace amitie by him promised accepted XXXXVII After vvhom in like manner in the dayes of Sultan OSMAN Han the King of England hauing againe sent unto this high Port his Ambassadour the Excellent honnourable sr THOMAS Roe Knight vvith his letters presents vvhich vvere most aceptable proffering in the name of the King his Lord all good termes of friend ship good correspondence And desiring that the antient Capitulations all the articles from his Ancestours from himself formerly granted to the English nation might bee anevv confirmed the peace league long since betvveene both parties contracted ratifyed that some other articles uery necessary might bee added to the Imperiall Capitulations diuerse others allready granted might bee renevved amended in a better forme explained vvhich his request demand vvas uery acceptable unto him in conformitie thereunto the antient Imperiall Capitulations all the articles other priuiledges in them often confirmed the peace amitie good corrspondence contracted in the times of his Ancesters Grand father father himself confirmed vvere againe by Sultan OSMAN then ratifyed established promised accepted vvhereupon by him there vvas expresse com̄and giuen that for the time to come the ●enour of his renevved Capitulations should bee of euery one obserued