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lish ships, which with their merchandize shall come into this port of Constantinople, Alexandria, Tripoly ofSuria, 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 merchandize 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, 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 controversy 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; it seemeth that divers Mahometan merchants, Sciots, and other merchants in peace and amity with this Imperial Port, and other merchant-strangers, do deny and resuse to pay the right of consulage; wherefore it is commanded, that for all the merchandize which shall be laden upon their ships, and have paid custom, be they goods of whomsoever, according to ancient Imperial capitulations they shall pay the right of consulage to the ambassador or consul of England, without any contradiction.
XLIII. That English merchants which trade at Aleppo, and those under iheir banner, of all the silk which they shall buy, and lade upon their ships, shall pay the custom and other duties, as the French and Venetian merchants do pay, and not one asper or sarthing more.
XLIV. As the ambassadors of the King of England, which shall be resident in this Imperial Court, are the representatives and commissioners of the person of his Majesty, so the interpreters are to be esteemed the commissioners of the ambassador: therefore, for such matter as the interpreters shall translate or speak, in the name or by the order of the ambassador, it being found that that which they have translated be according to the will and order of the ambassador or consul, they shall be always free from any imputation or punishment: and in case they shall commit any offence, our ministers shall not put any of the said interpreters in prison, nor beat them, without knowledge of the ambassador or consul. In case any of the English interpreters shall die, if he be an Englishman, all his goods or saculties shall be possessed by the ambassador or consul of England; but if he shall be a subject of our dominion, they shall be consigned to his next heir, and having no heir, they shall be taken into our exchequer. And as in this particular, so also in all other the above-mentioned articles and privileges, granted by our foresathers of happy memory, it is expressly commanded and ordained, that all our slaves shall ever obey and observe this Imperial capitulation, and that the peace and amity shall be respected and maintained, without any violation whatsoever.
XLV. Since which time of our foresathers of samous memory, and the grant of these above-mentioned capitulations, articles, and establishment of peace and amity, the said King of England having, in the time of our grandsather of happy memory, Sultan Mahomet Han, sent one his well-desired ambassador, a person of quality, to this High Port, to confirm this peace, articles, and capitulations; which ambassador did declare, that oftentimes there were to divers persons sons Imperial commands granted, surreptitiously procured contrary to the tenor and articles of the Imperial capitulations; which being, without our knowledge, presented to our judges and governors, and the dates of such commands being more fresh than those of our Imperial capitulations, the judges and ministers do put in execution the private commands prejudicial and contrary to these Imperial: to the end, therefore, that, for the time to come, such commands shall not be accepted of any, but that the Imperial capitulations might be always observed and maintained, according to the sincere meaning; the said ambassador demonstrating the sincerity of his Majesty, and his request herein, to our Imperial knowledge, which was most acceptable: in conformity thereunto it was expressly ordered, that all such commands which already have been, or shall hereafter be granted, which are or shall be repugnant to the tenor of this Imperial capitulation, whatsoever such commands shall be, when presented before our caddees or other ministers, should never be accepted or put into execution, but that always the tenor of the Imperial capitulations shall be observed: and whofoever shall present such commands contrary to the capitulations, they shall be taken from him, and in no wise be of any force or validity. In which time also, on the part of our said grandsather, all the above-written privileges, articles, and capitulations, were accepted and ratified, and the peace, amity, and good correspondence, anciently contracted, was anew of him confirmed and established.
XLVI. In the time of the inauguration of Sultan Osman Han in the Imperial and High throne, the King of England did again send a samous and noble gentleman, his ambassador, with letters and presents, which were most acceptable. And the said ambassador desiring, in the name of his King and Lord, that the ancient capitulation, articles, and contracts, granted in the days of our foresathers, should be of him renewed and confirmed, and the ancient peace and amity anew
fortified and established; which his request was to the said Sultan Osman most acceptable; and the ancient capitulations, articles, privileges, herein written and confirmed, and the long since contracted peace and amity by him promised and accepted.
XLVII. After whom, in like manner, in the days of Sultan Osman Han, the King of England having again sent unto this High Port his ambassador, the Excellent and Honourable Sir Thomas Roe, Knight, with his letters and presents, which were most acceptable; and proffering, in the name of the King his lord, all good terms of friendship and good correspondence: and desiring 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 since between both parties contracted and ratified; and that some other articles, very necessary, 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 correspondence contracted in the times of his ancestors, grandsather, and -sather, and himself, confirmed, were again by Sultan Osman then ratified, established, promised, and accepted; whereupon, by him there was express command given, that, for the time to come, the tenor of his renewed capitulations should be of every one observed, and that all men should be careful and respectful to the said peace and friendship established and contracted on both parts; and that no man should presume to violate, or to do any act contrary thereunto; which ambassador did often declare that the caddees, and other of our ministers, in many places and provinces, contrary to the Imperial capitulations, and will of the Imperial Majesty, have impofed and laid divers taxes, Vol. II. G g burdens, burdens, and monies, upon die sard English nation, and thofe under their banner; for which cause, as it is above declared, it being found necessary to make additions of some new articles in the said Imperial capitulation, of which the said ambassador made declaration in writing, and presented the same to the Imperial presence: the said Sultan Osman Han, with his Imperial hand and seal, did presendy give express order and command, that, in the time to come, all those articles and privileges which were already in the Imperial capitulations, and those articles which now are therein by our order newly added, shall be of all our subjects and slaves duly obeyed and observed, according to the sincere 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 seas, the ships, merchandize, and men, subjects to his Majesty of England, and of other Kings and States in league with this our Imperial Port, to the great damage and injury of the said English nation; we do command, and by these presents we do ordain, that several Imperial commands be given for the entire restitution of all goods and merchandize to the English nation so taken away: and that all such English as have been taken and made staves, or imprisoned, by the said pirates, shall be immediately set free. And aster the date of this our Imperial capitulations, if it shall be known that the said pirates of Tunis and Algier shall rob them again, and shall use and continue their outrages, and will not restore their goods and men, we do command that the said pirates be not received into any port of our dominions, especially into the scales of Tunis, Algier, Modon, or Coron. Our beglerbegs, and other ministers, shall not suffer them to enter, nor harbour nor receive them; but the beglerbegs, caddees, or other ministers, shall persecute, banish, and punish them.