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lifh fhips, which with their merchandize fhall come into this port of Conftantinople, Alexandria, Tripoly of Suria, Scanderoon, or into any port whatsoever of our empire; according to ufe, they fhall pay only cuftom of fuch goods which with their own will they fhall defign to fell; and fuch other merchandize as they discharge not from their fhips willingly, our customer fhall not demand nor take cuftom, nor other duties, but they may tranfport them whitherfoever they please.
XLI. And if it fhall happen that any of the faid English nation, or any under their banner, fhall commit manflaughter, bloodshed, or any other like offence; or that there fhall happen any caufe appertaining to the law or juftice; until the ambaffador or conful fhall be present to examine the cause, the judges, nor other minifters, fhall not decide nor give any fentence, but fuch controverfy fhall always be declared in the prefence of the ambassador or conful, 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 fhip, which fhall come into our dominions, and pay custom, ought alfo to pay the duty of confulage to the English ambaffador or conful; it feemeth that divers Mahometan merchants, Sciots, and other merchants in peace and amity with this Imperial Port, and other merchant-strangers, do deny and refufe to pay the right of confulage; wherefore it is commanded, that for all the merchandize which shall be laden upon their fhips, and have paid cuftom, be they goods of whomfoever, according to ancient Imperial capitulations they fhall pay the right of confulage to the ambaffador or conful of England, without any contradiction.
XLIII. That English merchants which trade at Aleppo, and thofe under their banner, of all the filk which they fhall buy, and lade upon their fhips, fhall
pay the custom and other duties, as the French and Venetian merchants do pay, and not one afper or farthing more.
XLIV. As the ambaffadors of the King of England, which fhall be refident in this Imperial Court, are the reprefentatives and commiffioners of the perfon of his Majefty, fo the interpreters are to be efteemed the commiffioners of the ambassador: therefore, for fuch matter as the interpreters fhall tranflate or speak, in the name or by the order of the ambaffador, it being found that that which they have tranflated be according to the will and order of the ambaffador or conful, they fhall be always free from any imputation or punifhment and in cafe they fhall commit any offence, our ministers shall not put any of the faid interpreters in prison, nor beat them, without knowledge of the ambaffador or conful. In cafe any of the English interpreters fhall die, if he be an Englishman, all his goods or faculties fhall be poffeffed by the ambaffador or conful of England; but if he fhall be a fubject of our dominion, they fhall be configned to his next heir, and having no heir, they fhall be taken into our exchequer. And as in this particular, fo alfo in all other the above-mentioned articles and privileges, granted by our forefathers of happy memory, it is exprefsly commanded and ordained, that all our flaves fhall ever obey and obferve this Imperial capitulation, and that the peace and amity fhall be refpected and maintained, without any violation whatsoever.
XLV. Since which time of our forefathers of fa▾ mous memory, and the grant of thefe above-mentioned capitulations, articles, and establishment of peace and amity, the faid King of England having, in the time of our grandfather of happy memory, Sultan Mahomet Han, fent one his well-defired ambassador, a perfon of quality, to this High Port, to confirm this peace, articles, and capitulations; which ambaffador did declare, that oftentimes there were to divers per
fons Imperial commands granted, furreptitiously procured contrary to the tenor and articles of the Imperial capitulations; which being, without our knowledge, prefented to our judges and governors, and the dates of fuch commands being more fresh than those of our Imperial capitulations, the judges and minifters do put in execution the private commands prejudicial and contrary to thefe Imperial: to the end, therefore, that, for the time to come, fuch commands fhall not be accepted of any, but that the Imperial capitulations might be always obferved and maintained, according to the fincere meaning; the faid ambaffador demonftrating the fincerity of his Majefty, and his request herein, to our Imperial knowledge, which was most acceptable: in conformity thereunto it was expressly ordered, that all fuch commands which already have been, or fhall hereafter be granted, which are or fhall be repugnant to the tenor of this Imperial capitulation, whatsoever fuch commands fhall be, when prefented before our caddees or other minifters, fhould never be accepted or put into execution, but that always the tenor of the Imperial capitulations fhall be obferved: and whofoever fhall present fuch commands contrary to the capitulations, they shall be taken from him, and in no wife be of any force or validity. In which time alfo, on the part of our faid grandfather, all the above-written privileges, articles, and capitulations, were accepted and ratified, and the peace, amity, and good correfpondence, anciently contracted, was anew of him confirmed and established.
XLVI. In the time of the inauguration of Sultan Ofman Han in the Imperial and High throne, the King of England did again fend a famous and noble gentleman, his ambaffador, with letters and presents, which were moft acceptable. And the faid ambaffador defiring, in the name of his King and Lord, that the ancient capitulation, articles, and contracts, granted in the days of our forefathers, fhould be of him renewed and confirmed, and the ancient peace and amity anew fortified
fortified and established; which his request was to the faid Sultan Ofman most acceptable; and the ancient capitulations, articles, privileges, herein written and confirmed, and the long fince contracted peace and amity by him promised and accepted.
XLVII. After whom, in like manner, in the days of Sultan Ofman Han, the King of England having again fent unto this High Port his ambaffador, the Excellent and Honourable Sir Thomas Roe, Knight, with his letters and prefents, which were moft acceptable; and proffering, in the name of the King his lord, all good terms of friendship and good correfpondence: and defiring 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 fince between both parties contracted and ratified; and that fome other articles, very neceffary, 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 privileges in them often confirmed, and the peace, amity, and good correfpondence contracted in the times of his ancestors, grandfather, and father, and himself, confirmed, were again by Sultan Ofman then ratified, established, promifed, and accepted; whereupon, by him there was exprefs command given, that, for the time to come, the tenor of his renewed capitulations fhould be of every one obferved, and that all men fhould be careful and refpectful to the faid peace and friendship established and contracted on both parts; and that no man fhould prefume to violate, or to do any act contrary thereunto; which ambaffador did often declare that the caddees, and other of our minifters, in many places and provinces, contrary to the Imperial capitulations, and will of the Imperial Majefty, have impofed and laid divers taxes, VOL. II.
burdens, and monies, upon the faid English nation, and those under their banner; for which cause, as it is above declared, it being found neceffary to make additions of some new articles in the faid Imperial capitulation, of which the faid ambaffador made declaration in writing, and prefented the fame to the Imperial prefence: the faid Sultan Ofman Han, with his Imperial hand and feal, did presently give express order and command, that, in the time to come, all those articles and privileges which were already in the Imperial capitulations, and thofe articles which now are therein by our order newly added, fhall be of all our fubjects and flaves duly obeyed and obferved, according to the fincere meaning of this our Imperial capitulations.
XLVIII. In as much as it is publicly known, that certain pirates of Tunis and Algier, contrary to our Imperial capitulations, mind, and will, do take and rob in the feas, the fhips, merchandize, and men, subjects to his Majefty of England, and of other Kings and States in league with this our Imperial Port, to the great damage and injury of the faid English nation; we do command, and by these prefents we do ordain, that feveral Imperial commands be given for the entire reftitution of all goods and merchandize to the English nation fo taken away: and that all fuch English as have been taken and made flaves, or imprisoned, by the faid pirates, fhall be immediately fet free. And after the date of this our Imperial capitulations, if it fhall be known that the faid pirates of Tunis and Algier fhall rob them again, and fhall ufe and continue their outrages, and will not reftore their goods and men, we do command that the faid pirates be not received into any port of our dominions, especially into the scales of Tunis, Algier, Modon, or Coron. Our beglerbegs, and other minifters, fhall not fuffer them to enter, nor harbour nor receive them; but the beglerbegs, caddees, or other minifters, fhall persecute, banish, and punish them.