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1641. rpHE capitulation (treaty) with the Ota8 Oct. X toman empire. Pap. Off U. N° 2.
1675. The commercial treaty with the Porte. Sept. Treat. 1732, vol. iii. 282.
[The following is printed from the treaty, which was published by authority, in 1686.]
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 here
THE command of this sublime and lofty Imperial signature, preserved and exalted by Divine Provicfence, whose triumph and glory is renowned through all the world.
By the savour of the Nourisher of all things, and mercy and grace of the Merciful, I that am the powerful Lord of Lords of the world, whofe 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 same, Charles the Second, King of England and Scotland, that is, of Great Britain, France, and Ireland, whofe 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 asoresaid kingdoms sent divers of her esteemed gentlemen, and persons of quality, with letters and ships to this Imperial High Port (the resuge of the Princes of the world, and the retreat of the Kings of the whole universe) in the happy times of samous memory of my ancestors now placed in paradise, whofe souls be replenissied 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 licence, and gave into the hands of the English nation divers especial and Imperial commands, to the end that they might sasely 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 hindered. After which time, in the days of our grandsather Sultan Mahomet Han, of samous memoiy (unto whose foul be granted Divine absolution) it being anew desired, that the subjects, merchants, and their interpreters, might freely and securely come, merchandize, and negotiate through all the parts of this Imperial dominion, and that such capitulations, and other privileges, 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 subject;
jects 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 samous memory, the Imperial capitulations and privileges following, that is to say: —It is commanded, &c.
I. That the said nation, and the English merchants, and any other nation or merchants which are or shall come under the English banner and protection, with their ships, small and great, merchandize, saculties, and all other their goods, may always pafs safe in our seas, and freely and in all security may come and go into any part of the Imperiallimits of our dominions, in such fort that neither any of the nation, their goods, and saculties, shall receive any hinderance 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, so that neither to their persons, beasts, goods, or saculties, 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 traffic in all parts of our dominions.
III. And if it happen that any persons of the said nation coming into our dominions by land, 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 hinderance in their 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 hinderance of any man.
V. And if it shall happen that any English vessel, great or small, sall into any misfortune, danger of sea,
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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, and for their money provide for them of all necessaries and provision, and may take water without the let or hinderance of any man.
VI. And if it shall happen that any of their ships shall have suffered shipwreck, or being broken, or in distress, shall be cast upon any coast of our dominions, in such case all beglerbegs, caddees, governors, ministers, and other our slaves, shall give them all assistance, succour, and help 3 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, and all other subjects of that nation, whether by sea or land, may freely and sasely 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 saculties, or upon any pretence shall do them any hinderance or injury.
VIII. If any Englishman, either for his own debt, 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 authentic hoget or bill of suretiship made by an Englishman,
he 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, 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 public authentic 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 suture 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 registered, then it shall be accordingly thereunto observed: and if the plaintiff hath not in his hands any such authentic hoget, but only bringeth partial witness, which makes cavils or pretences, our ministers shall not give ear to them, but observe the written authentic hoget.
X. And if any one within our dominions shall accuse any Englishman to have done him wrong, 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, having committed an offence, shall make his escape, or absent himself, no other Englishman, not being pledge, shall be taken or molested for him.
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