TUSCANY.

No. 1.-Treaty between The Emperor, Grand Duke of Tuscany, and the Ottoman Porte.

Constantinople,

May 25, 1747.*

(Translation.)

Treaty of Perpetual Peace and Free Trade, between the His Imperial Majesty and His Ottoman Majesty, of the 25th May, 1747.

His Imperial Majesty, ever actuated by an anxious desire for the advantage and welfare of his beloved Subjects, being fully aware that the commerce formerly carried on between the Countries of the Levant and that of Tuscany constituted the principal riches of the latter informed also of the severe losses and injury sustained by this State in consequence of an interruption of that trade for a period of 200 years; has considered it becoming his paternal solicitude to employ the most efficacious means for its re-establishment and encouragement, as well as for animating the Merchants and Traders of these his Dominions, who have hitherto so anxiously desired this benefit: With a view therefore to the advancement of their interests, and to the procuring of the advantages which may result to the commerce of his Grand Duchy, he has concluded, ratified, and ordered to be published, the present Treaty of perpetual peace, good friendship, and free trade, the tenor of which is as follows:

In the Name of the Most Holy Trinity.

His Most August Majesty and mighty Prince and Lord, Francis, the elected Emperor of the Romans, Duke of Lorraine and Bar, Grand Duke of Tuscany, Duke of Gueldres, Calabria, Montserrato, and Teschen in Silesia, Prince of Charleville, Marquis of Pont à Mousson

• State Papers. Vol. 20. Page 98. (Italian and English.)

and Nomeny, Count of Provence, Vandemon, Blamont, Zutphen, Saarwerden, Salm, Falckenstein, &c., &c., &c., having, in imitation of the example of His most August Predecessors, and in conformity with long-established usage, made known, by solemn Embassy, his elevation to the Throne of the Holy Roman Empire, to the Most Serene and Mighty Prince, His Majesty the Sultan Mahmud Han, Emperor of the Ottomans, of Asia, and of Greece, and Lord and Possessor of many other Countries, has thought it expedieut to contract and establish between the 2 Sovereigns a new and sincere friendship; for the confirmation of which, as well as for the augmentation of their mutual good faith and concord, such means have been adopted as are best calculated to accomplish the intentions of their Majesties.

In consequence of which, the very illustrious Signor Arrigo Cristophan di Penckler, Knight of the Holy Roman Empire, Internuncio and Minister Plenipotentiary of His Majesty to the Sublime Porte, and Member of the Council of War, being furnished on the part of His Sacred Roman Imperial Majesty, with the necessary Powers, having held repeated Conferences with the very Illustrious and very Excellent Signor El Hagi Mahmed Pasha, accredited and actual Representative of His Imperial Ottoman Majesty, and his fully empowered Plenipotentiary, for the intent and purpose that the security and advantage of the Merchants of both States, and the good friendship of both Powers, may remain firm and perpetual; and the said Plenipotentiaries having also conferred together, in virtue of their respective powers, touching the details of such commerce, and the special measures to be adopted for the better assurance of amity; have mutually agreed upon the following 17 Articles, for the establishment of Peace.

In order therefore to secure, for the time to come, to the Hereditary States and to the Subjects of both Emperors, their heirs and successors, increased, solid, and permanent advantages, and to preserve, free from all injury and impediment, a mutual and good friendship, by carefully avoiding all acts tending to interrupt the same; this new, perpetual, and firm Peace has been established and concluded, the Articles of which are here exactly reported as agreed upon.

ART. I. A firm and perpetual Peace and Friendship, and a free and universal Commerce by land and sea, is established between the Subjects of the two Emperors; it being agreed, that, under the name of Subjects of His Holy Roman Imperial Majesty, there shall be chiefly comprehended the Grand Duchy of Tuscany, and the Ports and Islands subject to the same, as well as the Merchants and Traders of the City of Hamburgh and Lubeck, who under Imperial Colours, or with Imperial Licences, desire to Trade with the Ottoman States, and that they, with every kind of merchandise belonging to them, may

enter the Ottoman Dominions and quit the same, and freely exercise

commerce.

All the aforesaid merchants, provided with Roman Imperial Grand Ducal Colours and Licenses, can enter with their vessels any of the Ports subject to the Imperial Turk, may sail backwards and forwards at their pleasure, expose their goods for sale, and quit the said Ports in safety and security; they may refit there, the vessels which have suffered by storm or stress of weather, or by any other accident whatsoever, and may provide themselves, at the current price, with ships' stores of every description, provisions, or any other articles of which they may stand in need.

II. The only charge to which the Merchants of both Empires shall be subject, as well for goods by land conveyance as by sea, provided such goods are not prohibited, shall be a duty of 3 per cent, in one place only, viz., that at which they first arrive, or that from which they are exported from the country; and all the advantages granted to other friendly Powers by the Ottoman State, are confirmed to the Merchants of the Imperial Grand Duchy, in order that they may enjoy similar advantages and securities; the same also is to be observed reciprocally, with respect to the Merchants of the Ottoman Empire. Should the overseers or inspectors of the Customs estimate the merchandise brought, either by land or sea, above the real value, the Imperial Grand Ducal Merchants may pay the said 3 per cent in kind, that is, in so much of the said merchandise as shall be equiva lent, with which payment the Custom-house Officers shall be satisfied. The duty or impost may be paid in any mercantile money, and no demand beyond this shall be made upon any of the said traders.

The Imperial Grand Ducal Merchants, having once paid the duty for the merchandise procured in Constantinople and shipped on board their vessels, and having received from the Custom-house Inspectors, the exportation Licence, commonly called Téskéré, together with the usual Certificates, shall not be detained on their voyage upon arriving at the Straits of the Hellespont, more generally known as the Dardanelles; and with respect to the goods brought by the said Merchants on board their ships, should they not find purchasers, and be in consequence desirous of sailing for other Ports, they shall be at liberty, the duty or impost being once paid, to carry them out again, in the same manner as is allowed to the other Merchants of friendly Powers, and they shall also receive the aforesaid Licences called Téskéré, in which there shall be noted and expressed the duty already paid to the Customs; the effect of which will be that the duty which they have once paid can never in any manner be again demanded of them. Should any Merchant of either State, for the purpose of defrauding the Revenue, make concealment of any merchandise, whether

imported or exported, by carrying it out sccretly, and be taken in the fact, the penalty shall be, as formerly, the payment of double duty.

No duty shall be demanded from the Merchants of either Government, for the gold or silver money they may bring with them, nor for any other merchandise for which the other friendly Nations have not been accustomed to pay duty, as well on coming into Port as on leaving it.

All the Imperial Grand Ducal Merchants, trading in the Ottoman Ports, having paid to the Custom-house Officer the duty upon the goods bought (excepting such as are prohibited) and shipped on board their Vessels for exportation to their respective Countries, shall immediately receive the exportation Licence, in order that their voyage may suffer no delay. Such of the Imperial Grand Ducal Merchants as ship their goods on board Turkish Merehant Vessels, for conveyance to certain fairs held in various parts of the Ottoman Empire, shall only be subject to pay such duty as shall be agreed upon in the present Capitulation.

III. Whatever power is given to the Merchants of Sovereigns at peace with the Ottoman Porte, to purchase goods in the Turkish States, and export them to their own Countries, is expressly understood to be equally granted to the Imperial Grand Ducal Merchants: also, whatever favour is shown to other Nations in the purchase and sale of prohibited goods, is equally allowed to the Merchants of both States reciprocally.

IV. For the greater tranquillity and security of the Imperial Merchants, as well as for the advantage of Commerce, His Holy Roman Imperial Majesty can, by means of his Imperial Grand Ducal Minister at the Ottoman Porte, create and appoint by his decrees, Consuls, Vice-Consuls, or Interpreters, in all the Ports and Islands of the Mediterranean, and throughout the Ottoman States, wherever similar Consuls or Interpreters are stationed by other Sovereign Powers. If also it should be found necessary to appoint a Consul or Interpreter in any place, at present without one, a representation to that effect must be made by the Ministers of His Imperial Majesty to the Ottoman Porte, and, if permission be granted, the necessary powers shall be forwarded to the said Consul, in order that every possible aid, assistance, and protection, may be afforded him by the Ministers of the Ottoman Porte, and by the Authorities of the respective places.

Should any of the Imperial or Grand Ducal Merchants die in any part or place of the Ottoman Empire, no injury or wrong shall be committed by seizing upon his effects, all of which shall be handed over to the Imperial Grand Ducal Ministers, or to persons deputed by

them.

By virtue also of this friendly Capitulation, the Consuls, Vice

Consuls, Interpreters and Merchants, Subjects of His Imperial Majesty, together with the Agents and other individuals in their Service, shall never again be molested by the exaction of tribute or of any other

tax.

For the avoiding of disputes, the Subjects of His Holy Roman Imperial Majesty, the Consuls, Interpreters, Merchants, and Persons in their service, in all their purchases and sales upon credit, and in all their transactions relating to commerce, shall go before the Judge, and shall enter in his judicial Protocol, the intended contracts, sales, or purchases, receiving from the said Judge the judicial Certificates, commonly called Noget, or similar vouchers. Should any difficulty arise after this, the said judicial vouchers or Certificates shall be referred to, and the affair decided according to justice and the Laws.

The Governors and other Prefects of the Ottoman Provinces shall not presume to imprison, in consequence of the party being accused, or upon any other pretext, the aforesaid Imperial individuals, or to molest or injure them without cause, in any way whatsoever.

Should, therefore, any one of them be cited as a delinquent before any of the Ottoman Tribunals, he shall appear in pursuance of an order from the Consuls, and be assisted by Interpreters; but should it be necessary to imprison him, he may be released upon the said Consuls or Interpreters giving responsible bail or proper security for his appearance.

If an Imperial Merchant be indebted to any one in any sum, the creditor shall proceed for the debt in the legal manner, through the medium of the Consuls, Vice-Consuls, or Interpreters; and no demand can be made against any one except according to law.

The free exercise of the Roman Catholic Religion, in their private dwellings, shall be allowed to the aforesaid Consuls, Vice-Consuls, Interpreters, Merchants, and their domestic servants.

Should any dispute, action, or claim arise, or be brought against the Imperial-Grand-Ducal Consuls, Vice-Consuls, their servants, and the Merchants, the amount of which exceeds 3,000 aspers, such dispute must not be decided in the ordinary Tribunals, but must be referred to that of the Ottoman Porte, as is customary in other free Nations.

Should any dispute take place between the Imperial Grand-Ducal Merchants, such dispute shall be heard and disposed of by the Consuls and Interpreters, conformably to Law and the existing Statutes, and no one shall interfere with them.

No ship belonging to the aforesaid merchants, and on the point of sailing, can be detained in consequence of any dispute which may arise, but the dispute or difference shall be promptly decided by means of the Consuls, Agents, and Interpreters; and if any one of the said