protection of the ambaffador and confuls 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, nor in prejudice of this our peace and amity; but in fuch occafion the caufe fhall firft be certified to the ambaffador of England refiding at the Porte, to the end that he may answer, and object any scandalous action, or other pretence, which might infringe the league. peace and XXXV. The English merchants, of all the merchandize which they fhall bring or transport in their fhips, having paid the custom, they fhall alfo pay the right of confulage to the English ambaffador or con ful. XXXVI. The English merchants, and all under their banner, fhall and may fafely, throughout our dominion, trade, buy, fell (except only commodities prohibited) all forts of merchandize; likewise, either by land or fea, they may go and traffic, or by the way of the river Tanais in Mofcovia, or by Ruffia, and from thence may bring their merchandize into our empire; alfo to and from Perfia they may go and trade, and through all that part newly by us conquered, and through thofe confines, without the impediment or moleflation of any of our minifters; and they fhall pay the custom, and other duties of that country, and nothing more. XXXVII. The English merchants, and all under their banner, fhall and may fafely and freely trade and negotiate in Aleppo, Cairo, Scio, Smyrna, and in all parts of our dominions; and, according to our ancient cuftoms, of all their merchandize they fhall pay three in the hundred for custom, and nothing more. XXXVIII. The XXXVIII. The Englifh fhips which fhall come to this our city of Conftantinople, if by fortune of feas, or ill weather, they fhall be forced to Coffa, or to fuch like port, as long as the English will not unlade and fell their own merchandize and goods, no man fhall 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 faid English ships, men, and goods, that no damage may come unto them; and with their money may buy victuals and other neceffaries; and defiring alfo with their money to hire carts or veffels, which before were not hired by any other, to transport their goods from place to place, no man shall do them any hinderance or trouble whatsoever. XXXIX. The English nation, of all the merchandize which in their fhips fhall be brought to Conftantinople, or to any other part of our dominions, which they fhall not defire of their own accord to land or fell, of fuch goods there fhall not be demanded or taken any cuftom at arrival at any port; and having landed their merchandize, and paid their cuftoms and other duties, they may quietly and fafely depart, without the molestation of any man. XL. In regard Englifh fhips coming into our dominions do ufe oftentimes to touch in fome part of Africa, and there take in pilgrims and Mahometan paffengers to transport them to Alexandria; and arriving at that port, it feemeth that the cuftomers and other officers do pretend to take cuftom of all goods which are found in their fhips, before the merchants are willing to land any; by occafion of which moleftation they have forborn to tranfport any pilgrims: And in like manner, their fhips which come to Conftantinople, and carry divers merchandize, to tranfport part thereof to other places, the cuftomers and farmers would enforce to land, and pretend to take custom thereof: Wherefore we do command, that all the Eng lifh fhips, which with their merchandize fhall come into this port of Conftantinople, Alexandria, Tripoly of Suria, Scanderoon, or into any port whatfoever 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 justice; until the ambaffador or conful fhall be prefent to examine the caufe, the judges, nor other minifters, fhall not decide nor give any fentence, but fuch controverfy fhall always be declared in the prefence of the ambaffador 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 ship, which fhall come into our dominions, and pay cuftom, ought also 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 fhall 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 fụch 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 shall 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 these 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 ambaffador, 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 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 ministers 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 exprefsly ordered, that all fuch commands which already have been, or shall hereafter be granted, which are or shall 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 fhall 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 prefents, which were moft acceptable. And the said ambassador 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 |