The Form of Letters which ought to be given by the Towns and Sea-Ports to the Ships and Vessels setting Sail from thence TO all unto whom these Presents shall come We the Governours Consuls or chief Magistrate or Commissioners of the Customs of the City Town or Province of N. do testifie and make known That N. N. Master of the Ship N. hath before Us under solemn Oath declared That the Ship N. of _____ Tun more or less of which he is at present Master doth belong to the Inhabitants of N. in the Dominions of the Most Serene King of Great Britain And We desiring that the said Master may be assisted in his Voyage and Business do intreat all Persons in general and particular who shall meet him and those of all Places where the said Master shall come with the said Ship and her Merchandise that they would admit him favourably treat him kindly and receive the said Ship into their Ports Bays Havens Rivers and Dominions permitting her quietly to Sail Pass Frequent and Negotiate there or in any other Places as shall seem good to the said Master paying still the Toll and Customs which of Right shall be due Which we will acknowledge gratefully upon the like Occasions In witness whereof We have Signed these Presents and Sealed them with the Seal of our Town WILL. GODOLPHIN Don PEDRO FERNANDEZ del Campo y Angulo The Copy of a Patent containing several Gracious Priviledges lately Granted by the High and Mighty Philip the Fourth King of Spain c. Which are Confirmed by the foregoing Treaty and whereof mention is made in the ninth Article of the said Treaty DON PHILIP By the Grace of God King of Castile Leon Arragon the two Sicilies Jerusalem Portugal Navarre Granado Toledo Valencia Galicia Majorca Sivilla Sardinia Cordoua Corsega Murica Jaen the Algarves Algesira Gibraltar the Islands of the Canaries the East and West-Indies Islands and firm Land of the Ocean Sea Arch-Duke of Austria Duke of Burgundy Brabant and Milan Earl of Haspurg Flanders Tiroll and Barcelona Lord of Biscay and Molina c. WHereas on the behalf of you Richard Anthony Consul of the English Nation for your self and in the Name of the Subjects of the King of Great Britain it hath been shewed unto me That by virtue of the Peace which is Concluded in this and that Realm you do Reside and Trade in Andaluzia and specially in the Cities of Sivil St. Lucar Cadiz and Malaga desiring Me to be pleased to Confirm unto you the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmations thereof and other Favours and Graces which My Lord and Father of glorious Memory did Grant unto you and all such others which have been given you by the Crowns of My Realms of Castile and Portugal and to Command that they may be in and for all things observed and accomplished unto you without any Limitation and for further assurance to Grant them anew unto you with the Qualities Amplitudes and Declarations which shall be most convenient for you and to set Penalties upon such as shall contradict and not observe them unto you and to the end it may be known what they are to grant them Copies thereof or of that which My Favour shall be And I taking the Premisses into Consideration and because for the Occassions which I have for My Wars you have offered to Serve me with 2500 Ducats of Silver to be paid 1000 in ready Money and theremaining 1500 in the Month of April of this Year whereof the Licentiate Francis Moreno which in reversion of Don Anthony de Campo Redondo y Rio Knight of the Order of Santiago one of My Council and Chamber and of the Treasury in your Name and by virtue of your Power did acknowledge a Writing of Obligation in form before John Cortez de la Cruz My Notary I do hold it for good And by these Presents of My own motion and certain knowledge and Royal and absolute Power which I in this behalf will make use of and do use as an absolute King and Lord not acknowledging any Superior in matters Temporal do Confirm and Approve the Priviledges Exemptions and Faculties which do belong unto you as well by the Articles of the said Peace as by the Confirmation thereof and also the other Favours and Graces which My Lord and Father did Grant unto you and others whatsoever which have been given by My Crowns of Castile and Portugal unto the said Subjects in and for all things as therein and every thing and part thereof is specified contained and declared to the end they may be firm stable and of value and be observed kept and accomplished unto you For my deliberate intent and will is that all those of the said Nation shall enjoy thereof without any limitation in such manner that during the time the said Englishmen shall reside in Andaluzia neither you nor they may be charged with any Office or publick Charge nor Council Tutorship Curatorship Receivers or Treasurers although they be of Customers and Millions or other Services which concern my Royal Treasury and much less they may demand of you any Loans or Donations or take from you any Rights or your Rents Horses or Slaves And to do you the more Favour or Grace according to that which is Agreed by the said Peace I do will and promise that you shall and may Deal and Trade freely and Sell your Merchandise and Fruits and Buy those of my Realms and carry them forth observing that which is Ordained and Commanded by the Laws and Statutes which make mention thereof and paying to my Royal Treasury the Duties or Customs which ought to be paid prohibiting as I do Prohibit and Command not to take from you by force any Merchandises Wheat or Barley although it be for the making ready or furnishing my Armies Fleets or Gallions nor for Purveyors or Stewards and the Priviledges are to be concerning the Wheat and Barley according to the Tun and concerning the other Things and Merchandises as you shall Conclude and Agree but they may not take them out of your possession until they have paid for them unless for the same there be leave given that they do not molest and trouble you And forasmuch as many of you do Treat to bring into the Ports of Andaluzia the City of Sivil and other Places great quantity of New-found-land Fish and other sorts of dry and salted Fish because they are Victuals which are very necessary and that you have been and are put to great Charges and are much troubled I do Will and Command to be kept the Ordinance of the City of Sivil whereby it is Ordained That those which come in with dry or salted Fish there shall not be any Price or Rate set upon them but they shall be permitted to sell at such a Price as they shall think good and it shall not be necessary to manifest
Loss together with all even the smallest things thereto appertaining forthwith restored to him whose it was before and in the same Condition wherein it was then when it was taken without tergiversation delay or any kind of pretence VII Under this present Treaty of Peace shall be comprehended those Who shall be comprehended in this Treaty who before the Exchange of Ratifications or afterwards within Six Months shall be by common Consent nominated by both Parties And as the Covenanting Parties do thankfully acknowledge the Friendly Offices and unwearied Endeavours whereby the Most Serene King of Sweden interposing his Mediation hath through the Assistance of God promoted and carried on this beneficial Work of Pacification unto the desired Conclusion So to testifie their like Affection It is Decreed and Covenanted by the common Consent of all the Parties That his above-mentioned Majesty of Sweden with all his Kingdoms Dominions Provinces and Rights be included in this Treaty and comprehended in the present Pacification after the best and most effectual manner that may be VIII Lastly These Articles to be observed by both Kings It is Concluded Covenanted and Agreed That the foresaid Most Serene and Most Potent Kings shall sincerely and bona fide observe all and singular the Articles contained and established in this present Treaty and shall cause the same to be observed by their Subjects and Inhabitants neither shall they directly or indirectly transgress them or suffer them to be transgressed by their Subjects or Inhabitants directly or indirectly And they shall Ratifie and Confirm all and every thing as they are above Covenanted Ratifications to be Exchanged by Letters Patents Subscribed with their Hands and Corroborated with their Great Seals conceived and written in sufficient valid and effectual Form and shall reciprocally deliver or cause the same to be delivered here at Breda bona fide really and effectually within the space of Four Weeks next ensuing the Date of these Presents or sooner if it may be done Breda the 21 31 day of July 1667. Articles of Peace and Alliance between the Most Serene and Mighty Prince Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. and the High and Mighty Lords the States General of the United Netherlands Concluded the 21 31 day of July 1667. I. FIrst A firm Peace concluded That from this Day there be a true firm and inviolable Peace sincere Friendship a nearer and straiter Alliance and Union between the Most Serene King of Great Britain and the High and Mighty States General of the United Provinces of the Netherlands and the Lands Countries and Cities under the Obedience of both Parties wheresoever situate and their Subjects and Inhabitants of what Degree soever they be II. Also That for the time to come all Enmities Enmities to cease Hostilities Discords and Wars between the said Lord the King and the foresaid Lords the States General and their Subjects and Inhabitants cease and be abolished And that both Parties do altogether forbear and abstain from all Plundering Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and in Fresh-waters every where and especially through all Tracts Dominions Places and Governments of what Condition soever they be within the Jurisdiction of either Party III. Also Injuries to be forgiven That all Offences Injuries Damages Losses which His said Majesty and His Subjects or the foresaid States General and their Subjects have on either Side sustained during this War or at any time whatsoever heretofore upon what Cause or Pretence soever be buried in Oblivion and totally expunged out of Remembrance as if no such things had ever past Furthermore that the foresaid Peace Both Parties to keep what they have Friendship and Alliance may stand upon firm and unshaken Foundations and that from this very Day all Occasions of new Dissention and Difference may be cut off It is further Agreed That both thē Parties and either of them shall keep and possess hereafter with plenary Right of Sovereignty Propriety and Possession all such Lands Islands Cities Forts Places and Colonies how many soever as during this War or in any former Times before this War they have by Force of Arms or any other way whatsoever gotten and detained from the other Party and that altogether after the same manner as they had gotten and did possess them the 10 20 day of May last past none of the same Places being Excepted IV. Moreover Ships Goods c. to remain to the Possessors That all Ships with their Furniture and Merchandise and all Moveables which during this War or at any time heretofore have come into the Power of either of the forementioned Parties or their Subjects be and remain to the present Possessors without any Compensation or Restitution so as each one become and remain Proprietor and Possessor for ever of that which was so gotten without any Controversie or Exception of Place Time or Things V. Moreover That all Actions Suits and Pretensions whatsoever they be or in what manner soever they have been restrained circumscribed defined or reserved in any Articles of Peace or Alliance already made and especially in the fifteenth Article of that Treaty which was Signed in the Year 1662. which His said Majesty and the said States General or their Subjects may or would prosecute or move against one another about such matters or things as have happened during this War or in any former Times as well before as after the foresaid Treaty of 1662. until the Day of this present Alliance be and remain void obliterated and disannulled All Actions Suits and Pretensions renounced As His said Majesty and the said States General shall declare and they do hereby declare That by vertue of these Presents they will for ever totally renounce even as hereby they do renounce all such Actions Suits and Pretensions for themselves and their Successors so as in regard of them nothing more may or ought ever to be urged on either Side and nothing to be moved thereupon hereafter VI. But if after the 10 20 day of May Places taken since the 10 20 of May to be restored expressed in the precedent third Article or after the Peace is made or this Treaty Signed either Party shall intercept and get from the other any Lands Islands Cities Forts Colonies or other Places whatsoever all and every of them without any distinction of Place or Time shall be restored bona fide in the same state and condition wherein they shall be found to be at the Time whensoever it shall be known in those Places that the Peace is made VII But to avoid all matter of Strife or Contention hereafter that useth sometimes to arise concerning the Restitution or Liquidation of such Ships Merchandise and other Moveables as both Parties or either of them may pretend to have been taken or gotten in Places and Coasts
into the Registry a List Signed and Certified containing the Names and Surnames the Nativity and Habitation of the Men that are Aboard him and of all that shall Imbarque themselves whom he may not take on Board without the knowledge and permission of the Marine Officers and in every Port or Haven where he shall enter with his Ship shall shew the Officers and Marine Judges this his present Licence and having finished his Voyage shall make faithful relation of what hath been done and hath passed during all the time of his said Voyage and shall carry the Flags Arms and Colours of his Majesty throughout his whole Voyage In witness whereof We have Signed these Presents and caused the Seal of Our Arms to be put thereunto and the same to be Countersigned by Our Secretary of the Marine the _____ day of _____ One thousand six hundred _____ Signed And underneath By _____ and Sealed with the Seal of the Arms of the said High Admiral A Form of the Act containing the Oath to be taken by the Master or Captain of the Ship WE _____ of the Admiralty of _____ do certifie That _____ Master of the Ship named in the Passport above hath taken the Oath therein mentioned Given at _____ the day of _____ One thousand six hundred c. In testimony whereof we have hereunto set our Hands The Form of the Certificates that ought to be given by the Burgomasters of the Cities and Sea-Ports of the United Provinces to the Ships and Vessels that go from thence according to the Eighth Article abovesaid TO the Most Serene Most Illustrious Most Mighty Most Noble Honourable and Prudent Lords Emperors Kings Commonwealths Princes Dukes Comtes Barons Lords Burgomasters Sheriffs Counsellors Judges Officers Justices and Regents of all Cities and Places as well Ecclesiastical as Secular who shall see or read these Presents We Burgomastersand Governors of the City of _____ do certifie That _____ Ship-Master appearing before Us hath declared by solemn Oath that the Ship called _____ containing about _____ Lasts of which he is at present the Master belongeth to Inhabitants of the Vnited Provinces So help him God And as we would willingly see the said Ship-Master assisted in his just Affairs We do request you and every of you where the abovesaid Master shall arrive with his Ship and Goods that you will please to receive him courteously and use him kindly admitting him upon paying the usual Dues Tolls and other Customs to enter into remain in and pass from your Ports Rivers and Territories and there to Trade Deal and Negotiate in any Part or Place in such sort and manner as he shall desire Which we shall most readily acknowledge in the like occasion In witness whereof We have caused the Seal of Our City to be thereunto put In Witness and Confirmation of all and every part whereof We the Commissioners of His said Majesty the King of Great Britain and of the said Lords the States General having sufficient Power given us thereunto have Signed these Tables and Sealed them with our Seals At the Hague in Holland the 17. of Febr. in the Year One thousand six hundred sixty eight De Gellicum B. d' Asperen John de Witt Van Crommon G. Hoolck V. Vnckell Jan. Van Isselmuden L. T. Van Starckenborck A Treaty of Friendship and Commerce between His Majesty of Great Britain c. and the Most Serene Prince the Duke of Savoy Concluded at Florence the 19th day of September 1669. The Instrument of Commerce with the Duke of SAVOY THe convenient Situation of the Port of Villa Franca in the Mediterranean Sea and the Capacity of the same together with the Security of it in all respects have been efficacious Motives to His Most Serene Highness the Duke of Savoy for the Exhibiting and Pronouncing the same Free to the whole World with a Belief that it might in time prove advantageous to the Publick and to His Royal Highness in particular But it so falling out that the vigour of things which are established by the best Counsel in process of time are rendred languid and subject to mutation It has therefore pleased His Royal Highness not only to reconfirm the Free State and Condition of his Port But over and above to offer the same to His Majesty of Great Britain c. encreased with new Priviledges and augmented with inviolable Capitulations To these Motives a most valid and reciprocal Inducement joyns it self To wit the Luxuriant Fertility of Soil which is obvious in the Kingdoms and other Plantations which are under the Dominion of His Majesty of Great Britain c. As also in the Dominions of His said Royal Highness which superfluity since it is so properly and naturally transmitted and emptied into the mutual Territories with the reciprocal fruit and advantage of the Subject 'T was easie for both Princes between whom there passed long since the Tyes of an Ancient Friendship confirmed by repeated Alliances and by late conjunction in Bloud to entertain thoughts of superadding the new Tye of mutual Commerce by which they might upon the score of advantaging their Subjects further Oblige and reciprocally Engage themselves to each other To this end and purpose it has pleased His Most Excellent Majesty by His Letters Patents under the Great Seal of England to constitute Sir John Finch Knight now Resident for His Majesty of Great Britain with the Great Duke of Tuscany His true and lawful Attorney with a Plenipotentiary Power as appears out of the Letters Patents themselves And to the same intent and purpose His Royal Highness has thought good to invest with the same Power and Authority Signor Joseph Maurice Philippone His Counsellor Auditor and Procurator General of His Revenue As is likewise apparent from the Letters Patents of His Royal Highness Both which Plenipotentiaries after several Meetings have finally Concluded as follows ARTICLES COVENANTED I. FIrst The Peace Confirmed Since Commerce was always the Companion of Peace That Peace which for many Years was never interrupted by War is now Ratified Established and Confirmed between the Most Potent Monarch CHARLES the Second King of Great Britain c. and His Royal Highness CHARLES EMANVEL the Second of that Name Duke of Savoy c. Both whose Subjects are obliged as well by Sea as Land upon all occasions to perform to each other all Actions of mutual Civility and Kindness II. Secondly It shall be permitted to English to Import freely all sorts of Goods and Land them without Confiscation or Imposition and lawful for all sorts and kinds of Ships and Vessels belonging to his Majesty the King of Great Britain c. or any of his Subjects to conduct and bring into the Ports of Villa Franca Nizza or S. Hospitio all things whatsoever or all kinds of Merchandise whether produced by Nature or made by Art in any part of the World All which things or Merchandise so brought shall freely and lawfully by the Captains or Masters or any
occasion or cause of any War This freedom to extend to all Commodities not prohibited in any kind of Merchandizes 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 or Prohibited Merchandises shall be comprehended only Arms What Goods are prohibited Pieces of Ordnance with all Implements belonging to them Fire-balls Powder Match Bullets Pikes Swords Lances Spears Halberds Guns Mortar-Pieces Petards Granadoes Musquet-rests Bandeliers Salt-petre Musquets Musquet-shot Helmets Corslets Breast-plates Coats of Mail and the like kind of Armature Soldiers Horses and all things necessary for the Furniture of Horses Holsters Belts and all other Warlike Instruments whatsoever IV. These Merchandises following shall not be reckoned among Prohibited Goods viz. All kind of Cloth What Goods are not prohibited and all other Manufactures woven of any kind of Wooll Flax Silk Cotton or any other Material all sorts of Clothing and Vestments together with the Materials whereof they use to be made Gold and Silver as well Coyned as not Coyned Tin Iron Lead Copper and Coals as also Wheat Barley and all other kind of Corn or Pulse Tobacco and all kind of Spices Salted and Smoked Flesh Salted and Dried Fish Butter and Cheese Beer Oyls Wines Sugars and all sort of Salt and in general all Provision which serves for the nourishment and sustenance of Life likewise all kind of Cotton Hemp Flax and Pitch and Ropes Sails and Anchors also Masts and Planks Boards and Beams of what sort of Wood soever and all other Materials requisite for the Building or Repairing Ships but they shall be wholly reputed amongst free Goods even as all other Wares and Commodities which are not comprehended in the next precedent Article Liberty of Trade unto Places in Enmity with the other Party So that the same may be freely Transported and carried by the Subjects of his said Majesty even unto Places in Enmity with the said States as also on the other side by the Subjects of the said States to Places under the Obedience of the Enemies of his said Majesty Except only Towns or Places Besieged Environed or Invested in French Blocquees ou Investies V. And that all manner of Differences and Contentions on both Sides by Sea and Land may from henceforth cease and be utterly extinguished It is Agreed Ships only to shew their Passports That all kind of Ships and Vessels whatsoever belonging to the Subjects of his said Majesty entring or being entred into any Road or Port under the Obedience of the Lords the States and purposing to pass from thence shall be only obliged to shew unto the Officers acting in the Ports of the said States or to the Captains of the States Ships or of Private Men of War if any happen there to be their Passport commonly called a Sea-brief the Form whereof is added at the end of these Articles nor shall any Money or any thing else be exacted from them under that Pretence But if any Ship belonging to the Subjects of his Majesty of Great Britain shall in the open Sea or elsewhere out of the Dominions of the said States meet the Ships of War of the said Lords the States or Private Men of War of their Subjects the said Ships of the Lords the States or of their Subjects shall keep at a convenient distance How to be Visited and only send out their Boat and it shall be lawful for them only with two or three Men to go on Board the Ships and Vessels of the Subjects of his Majesty that the Passport or Sea-brief of the Propriety thereof according to the Form hereafter specified may be shewn to them by the Captain or Master of such Ship or Vessel belonging to the Subjects of his Majesty and the Ship which shall shew the same shall freely pass and it shall not be lawful to molest search detain or divert the same from her intended Voyage And all the Subjects of the Lords the States shall enjoy in all things the same Liberty and Immunity they in like manner shewing their Passport or Sea-brief made according to the Form prescribed at the latter end of this Treaty VI. But if any Ship or Vessel belonging to the English Ships going to Enemies Ports to shew their Concquets besides their Passports or other Subjects of his Majesty shall be met making into any Port in Enmity with the Lords the States Or on the other side if any Ship belonging to the United Provinces of the Netherlands or other Subjects of the Lords the States shall be met in her Way making into any Port under the Obedience of the Enemies of his said Majesty such Ship shall shew not only a Passport or Sea-brief according to the Form here under prescribed wherewith she is to be furnished but also her Cocquets expressing the Contents of the Goods on Board given in the usual Form by the Officers of the Customs in the Port from whence she came whereby it may be known whether she is Laden with any Merchandises Prohibited by the third Article of this Treaty VII But if by the shewing the abovesaid Cocquets expressing the Contents of the Goods on Board If prohibited Goods be found to be in any Ship what to be done given in the usual Form by the Officers of the Customs in the Port from whence she came concerning the shewing whereof it is above Agreed either Party shall discover any kind of Merchandises which in the third Article of this Treaty are declared to be Contraband or Prohibited Consigned to any Port under the Obedience of their Enemies it shall not be lawful to open the Hatches of such Ship in which the same shall happen to be found whether she belongs to the Subjects of his Majesty or of the Lords the States nor to unlock or break open the Chests Mails Packs or Casks in the same nor to convey away any the least part of the Merchandises before the whole be first Landed in the presence of the Officers of the Admiralty and Inventaried neither shall it be any ways lawful to Sell Exchange or otherwise to Alienate the same until such Prohibited Goods are rightly and lawfully Proceeded against and that the Judges of the Admiralty have by their respective Sentences Confiscated the same The Ship and the other Commodities not forfeited therefore Provided always That as well the Ship it self as the rest of the Commodities found in the same which by this Treaty are to be reputed Free shall not upon pretence of their being infected by such Prohibited Goods be detained much less Confiscated for lawful Prize But if not the whole but a part only of the Lading consists of Contraband or Prohibited Commodities and that the Master of the Ship shall be willing and ready to deliver them to the Captor who Seised the same in that case the Captor
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
that they should of no man be molested or hindred After which Time in the Days of our Grandfather Sultan Mahomet Han of famous memory unto whose Soul be granted Divine Absolution it being anew desired That the Subjects Merchants and their Interpreters might freely and securely come Merchandise and Negotiate through all the Parts of this Imperial Dominion and that such Capitulations and other Priviledges and Imperial Commands as had been granted unto the Nation of the Kings and Princes in Peace and Amity with this high Port as France Venice Poland and others might also be granted to the Subjects of the said Queen and all others coming under the English Banner in confirmation of which Request were given and confirmed by our Ancestors of famous memory the Imperial Capitulations and Priviledges succeeding to say It is Commanded c. I. FIrst That the said Nation Our Ships may Trade in all Parts c. and the English Mercâ—ants and any other Nation or Merchants which are or shall come under the English Banner and Protection with their Ships small and great Merchandise Faculties and all other their Goods may always pass safe in our Seas and freely and in all security may come and go into any part of the Imperial Limits of our Dominions in such sort that neither any of the Nation their Goods and Faculties shall receive any hindrance or molestation from any person whatsoever II. The said Nation shall and may in like manner freely and securely come and go by Land through all the Imperial Limits of our Dominions Travel freely so that neither to their Persons Beasts Goods or Faculties shall any trouble or Impediment be given nor any Injury be done unto them but they shall always at their own pleasures safely and securely Traffick in all parts of our Dominions III. And if it happen that any of the said Nation coming into our Dominions by Land The same or passing into any other Country shall be stayed or Arrested by any of our Ministers such persons shall be set free and at liberty and afterwards shall receive no hindrance in his Journey IV. All English Ships or Vessels small or great shall and may at any time safely and securely come and Harbour in any of the Scales and Ports of our Dominions and likewise may from thence depart at their pleasure without detention or hindrance of any man V. And if it shall happen that any English Vessel Distress of Ships great or small fall into any Misfortune danger of Sea or any other Necessity all the Vessels as well Imperial as belonging to private Men that shall be near or present as also all others that inhabit the Seas shall give them help and succour and being come into our Ports or Scales they shall freely stay in them as long as they please Freedom to take Provisions and for their Money provide for them of all Necessaries and Provision and may take Water without the let or hindrance of any man VI. And if it shall happen that any of their Ships shall have suffered Shipwrack Cases of Shipwrack or been broken or in distress shall be cast upon any Coast of our Dominions in which case all Beglerbegs Caddees Governors Ministers and other our slaves shall give them all assistance succour and help and whatsoever Goods and Faculties shall be saved or recovered in the said Ships shall be restored to the English and if they shall be informed that any part of their Goods and Faculties shall be stole or taken away our said Ministers with all diligence shall make sufficient Search and Examination to find out and recover the Goods and restore them to the English VII The English Merchants Interpreters Brokers The English and their Dependants to Travel freely and all other Subjects of that Nation whether by Sea or Land may freely and safely come and go in all the Ports of our Dominions or returning into their own Country all our Beglerbegs Ministers Governors and other Officers Captains by Sea of Ships and others whomsoever our Slaves and Subjects we Command that none of them do or shall lay hands upon their Persons or Faculties or upon any pretence shall do them any hindrance or Injury VIII If any Englishman either for his own Debt One Englishman not to answer for the Debt of another unless he be his Surety by Hoget or for Suretiship shall absent himself or make escape away or shall be Bankrupt the Creditor shall only pretend his Debt upon his own Debtor and not of any other English and if the Creditor have not authentick Hoget or Bill of Suretiship made by an Englishman he shall not pretend his Debt of any other Englishman IX In all Causes Businesses and Occasions which shall occur between the said Nation their Merchants Interpreters and Brokers or Servants and any other whatsoever that is to say In selling or buying in paying or receiving in giving or taking Security In all Businesses nothing of force without Hoget or Pledge Debt or Credit and all other such things which appertain to the Ministers of the Law and Justice they may always if they please in such Occasions go to the Caddee who is the Judge of the Law and there make a Hoget or publick authentick Act with Witness and Register the same and take a Copy of the same to keep by them to the end that if in the future any Difference or Pretence shall arise between the said Parties they may both have a recourse to the said Hoget and Act. And when the Pretence shall be conformable to the tenor of the Hoget Registred then it shall be accordingly thereunto observed And if the Plaintiff hath not in his hands any such authentick Hoget but only bringeth partial Witness which makes Cavils or Pretences our Ministers shall not give ear to them but observe the written authentick Hoget X. And if any one within our Dominions shall accuse any Englishman to have done him wrong No Plea to be made against an Englishman without knowledge of the Ambassador or Consul and shall therefore raise any Pretence upon him by violent or partial Witness our Ministers shall not give ear unto them nor accept them but the Cause shall be advised to the Ambassador or Consul Resident of the English Nation to the end that the Business may be decided with his knowledge and in his presence that the English may always have recourse to their defence and protection XI If any Englishman No Englishman to be molested for another without being Pledge having committed an Offence shall make his escape or absent himself no other Englishman not being Pledge shall be taken or molested for him XII All Englishmen Englishmen not to be Slaves or Subjects of England which shall be found Slaves in our State or shall be demanded by the Ambassador or Consul the Cause shall be duly Examined and such persons as are found truly to be Subjects of England shall be
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
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