Chapter II: Part 2
Item, that the third day of the moneth of October, in the yeare of our Lord abouewritten, and in the fift yere of the reigne of our soueraigne lord the king, between the reuerend father in God, Henrie then bishop of Lincolne lord chancelor, and William lord de Roos high treasurer of England, on the one party and the sayd ambassadours on the other party, it was (according to their petition) amongst other things ordayned: namely that the liege people of our soueraigne lord the king should freely be permitted, vntill the feast of Easter then next after ensuing to remaine in the land of Prussia, and from thence with their goods and marchandises to returne vnto their own homes, and also, that the subiects of the sayd Master generall in the kingdome of England should haue licence and liberty to doe the like. Prouided alwayes, that after the time aboue limitted, neither the English marchants in the land of Prussia, nor the Prussian marchants in the realme of England should vse any traffique of marchandise at all, vnlesse in the meane space it were otherwise agreed and concluded by the sayd king and the sayd Master general.
Item, immediately after our sayd soueraigne lord the king sent his letters by Iohn Browne marchant of Lin vnto the aforesayd Master generall, for to haue mutuall conuersation and intercourse of dealing to continue some certain space, betweene the marchants of England and of Prussia: promising in the same letters, that he would in the meane season send vnto the foresayd Master his ambassadors to intreat about the pretended iniuries aforesaide: which letters the foresayd Master, for diuers causes, refused to yeelde vnto, as in his letters sent vnto our lord the king, bearing date the 16. day of the moneth of Iuly, in the yeare of our lord 1404. more plainely appeareth.
Item, that after the receit of the letters of the Master aforesaid, which are next aboue mentioned, our sayd king, according to his promise, sent William Esturmy knight, M. Iohn Kington clerke, and William Brampton citizen of London, from his court of parliament holden at Couentrie, very slightly informed, as his ambassadours into Prussia.
Item, before the arriuall of the sayd ambassadours in Prussia, all intercourse of traffique betweene the English and the Prussians, in the realme of England, and in the land of Prussia was altogether restrained and prohibited: and in the same land it was ordayned and put in practise, that in whatsoeuer porte of the land of Prussia any English marchant had arriued with his goods, he was not permitted to conueigh the sayd goods, out of that porte, vnto any other place of the land of Prussia, either by water, or by lande, vnder the payne of the forfeiting of the same: but was enioyned to sell them in the very same porte, vnto the Prussians onely and to none other, to the great preiudice of our English marchants.
[Sidenote: 1405.] Item, that after the arriuall of the sayd English ambassadours in the land of Prussia, it was ordayned, that from the eight day of the moneth of October, in the yeare of our lord 1405, all English marchants whatsoeuer should haue free liberty to arriue with all kindes of their marchandise in whatsoeuer port of the land of Prussia, and to make sale of them in the said land, as hath heretofore from auncient times bene accustomed. Also sundry other commodious priuiledges vnto the realme of England were then ordayned and established: as in the indentures made for this purpose it doth more manifestly appeare.
Item, the said English ambassadours being arriued in the land of Prussia, demanded of the said Master generall, a reformation and amends, for the damages and iniuries offered by the Prussians vnto the liege people of our souereigne lord and king, written in fifteene articles, which losses amounted vnto summe of 4535. nobles.
Item, the said Master generall, besides the articles exhibited vnto our soueraigne lord the king (as it is aboue mentioned) deliuered vnto the sayd ambassadours diuers other articles of certaine iniuries offered (as he sayth) vniustly by English men, vnto his subiects, which amounted vnto the summe of 5200. nobles.
[Sidenote: 1406.] Item, it was afterward concluded, that vpon the first of May next then insuing, namely in the yeere of our Lord 1406, or within the space of one yeare immediately following there should bee made a conuenient, iust, and reasonable satisfaction, for all molestations vniustly offered on both partes, as well on the behalfe, of our soueraigne lord the king, as of the foresayd Master general. Which satisfaction not being performed, the Prussians with their goods and merchandises, within three moneths after the end of the sayd yere next following, were without molestation or impediment, enioined to depart out of the realme of England with their ships and goods, and the English men likewise, out of the territories and dominions of the said Master general, and both of them, without any further admonition, to abstaine and separate themselues, from both the countreis aforesayd. For the performance of which premisses, the ambassadors on both parts being sufficiently instructed, were appointed to meete the first day of May, at the towne of Dordract in Holland.
Item, that the sayd William Esturmy and Iohn Kington in their returne homewards from Prussia towards England passed through the chiefe cities of the Hans, and treated in such sorte with the Burgomasters of them, that there were sent messengers and agents, in the behalfe of the common society of the Hans marchants, vnto the towne of Dordract, to conferre with the ambassadors of England, about the redressing of iniuries attempted on both parts: where diuers agreements were set downe betweene the sayd ambassadors, and messengers, as in the indentures made for the same purpose it doth more manifestly appeare.
Item, that the meeting appointed at the towne of Dordract, vpon the first of May, was by the letters of the foresayd ambassadors, proroged vnto the first of August then next ensuing, and afterward by vertue of the kings letters vnto the first day of March next following: and there was another day of prorogation also.
Item, that after the prorogations aforesayd, the ambassadors of England, and the messengers and commissioners of Prussia met together at the towne of Hage in Holland, the 28. day of August, in the yere of our lord 1407. And there was a treaty between them concerning the summe 25934. nobles and an halfe, demanded on the behalfe of the sayd Master generall for amends and recompence in consideration of wrongs offered vnto himselfe and vnto his subiects of Prussia, as is aforesayd. Also the sayd Master and his Prussians, besides the summe not yet declared in the articles, which is very small, are to rest contented and satisfied with the summe of 8957. nobles, in lieu of al the damages aforesaid: no times of paiment being then assigned or limited, but afterward to be reasonably limited and assigned, by our sayd soueraigne lord the king. Insomuch, that our said soueraigne lord the king is to write his ful intention and determination concerning this matter, in his letters to be deliuered the 16. day of March, vnto the aldermen of the marchants of the Hans residing at Bruges. Otherwise, that from thenceforth all league of friendship shall bee dissolued betweene the realme of England and the land of Prussia.
Also it is farther to be noted, that in the appointment of the summe next before written to be disbursed out of England, this condition was added in writing, namely, that if by lawful testimonies it may sufficiently and effectually be prooued, concerning the chiefe articles aboue written, or any part of them, that satisfaction was made vnto any of those parties, to whom it was due: or that the goods, of and for the which complaint was made on the behalfe of Prussia, in the sayd articles, did or doe pertayne vnto others, or that any other iust, true, or reasonable cause may lawfully be proued and alledged, why the foresaid sums or any of them ought not to be payed: that then in the summes contained in the articles aboue mentioned, so much only must be cut off, or stopped, as shal be found, either to haue bene payd already, or to appertaine vnto others, or by any true, iust, and reasonable cause alledged, not to be due. Neither is it to be doubted, but for the greater part of the summe due vnto the Prussians, that not our lord the king, but others (which will in time be nominated) are, by all equity and iustice, to be compelled to make satisfaction.
Also, at the day and place aboue mentioned it was appointed and agreed vpon, that our lord the king and his liege subiects, for the said 4535. nobles demanded of the English in consideration of recompence to be made for iniuries offered vnto the Prussians, are to discharge and pay the summe of 764. nobles, which are not as yet disbursed: but they haue reserued a petition to them, vnto whom the sayd summe is due, or if they please, there shalbe made satisfaction: which will be very hard and extreme dealing.
Item, that in the last assembly of the sayd ambassadors of England and messengers of Prussia, holden at Hage, made as is aforesayd, for the behalfe of England, there were exhibited anew certaine articles of iniuries against the Prussians. The value of which losses amounted vnto the summe of 1825. nobles and three shillings.
Item, on the contrary part for the behalfe of the Prussians the summe of 1355. nobles, eight shillings and sixe pence.
Item, forasmuch as diuers articles propounded, as well on the behalfe of England, as of Prussia, and of the cities of the Hans, both heretofore and also at the last conuention holden at Hage, were so obscure, that in regard of their obscurity, there could no resolute answere bee made vnto them: and other of the sayd articles exhibited, for want of sufficient proofes, could not clearely be determined vpon: it was appointed and concluded, that all obscure articles giuen vp by any of the foresayd parties whatsoeuer, ought before the end of Easter then next ensuing, and within one whole yeare after, to be declared before the Chancelour of England, for the time being; and other articles euidently exhibited, but not sufficiently proued, to be proued, vnder paine of perpetuall exclusion. Which being done accordingly, complete iustice shall be administred on both parts.
Item, as concerning the eleuenth article, for the behalfe of the Prussians, first exhibited, which conteined losses amounting vnto the summe of 2445. nobles: as touching the first article on the behalfe of England exhibited in the land of Prussia, containing losses which amounted to the summe of 900. nobles: after many things alleadged on both parts, relation thereof shall be made in the audience of the king and of the master generall: so that they shall set downe, ordaine, and determine such an ende and conclusion of those matters, as shall seeme most expedient vnto them.
Now concerning the Liuonians who are subiect vnto the great Master of
Prussia.
Inprimis, that the Master of Prussia demaunded of the sayd English ambassadours, at their being in Prussia, on the behalfe of them of Liuonia, who are the sayd Master his liege people, to haue restitution of their losses, vniustly (as he sayth) offered vnto them by the English, namely, for the robbing and rifling of three ships. [Sidenote: These ships were taken by the English the 20. Iuly 1404.] The value of which ships and of the goods contained in them, according, to the computation of the Liuonian marchants, doeth amount vnto the summe of 8037. pound, 12. shillings 7. pence.
Howbeit afterward the trueth being inquired by the sayd ambassadors of England, the losse of the Liuonians exceedeth not the summe of 7498. pound, 13. shillings, 10. pence halfepeny farthing.
Item, forasmuch as in the sayd ships, on the behalfe of the sayd Master, and of certaine cities of the Hans, there are alleadged aboue 250. men very barbarously to be drowned, of whome some were noble, and others honourable personages, and the rest common marchants and mariners, there was demaunded, in the first dyet or conuention holden at Dordract, a recompense at the handes of the sayd English ambassadors: albeit this complaint was exhibited in the very latter end of al the negotiations, in forme of a scedule, the tenor whereof is in writing at this present, and beginneth in maner following: Cum vita hominum &c. Howbeit in the last conuention holden at Hage, as is aforesaid, it was concluded betweene the ambassadours of England, and the messengers and commissioners of the land of Prussia, and of the cities of the Hans; that our sayd soueraigne lord the king, should, of his great pietie, vouchsafe effectually to deuise some conuenient and wholesome remedie for the soules of such persons as were drowned.
Item, that our sayd soueraigne lord the king will signifie in writing his full purpose and intention as touching this matter, vnto the aldermen of the Hans marchants residing at Bruges, vpon the sixtenth day of March next following. Otherwise, that from hencefoorth all amity and friendship, betweene the realme of England and the land of Prussia shall be dissolued.
Neither is it to be doubted, but that a great part of the sayd goods, for the which they of Liuonia doe demaund restitution, namely waxe and furres, redounded vnto the vse and commoditie of our soueraigne lord the king. And also our said soueraigne lord the king gaue commandement by his letters, that some of the sayd goods should be deliuered vnto others. And a great part of them is as yet reserued in the towne of Newcastle. One Benteld also hath the best of the sayd three ships in possession. Also it is reported and thought to be true, that certaine Furriers of London, which will be detected in the end, haue had a great part of the sayd goods, namely of the Furres.
Now as concerning the cities of the Hans.
[Sidenote: Hamburgh.] Inprimis the Hamburgers exhibited nine articles, wherein they demaunded restitution for certaine damages offered, as they sayd, by the English men, the value of which losses amounted vnto the summe of 9117. nobles, 20 pence. For the which, after due examination, there was promised restitution to the summe of 416. nobles, 5. shillings. Besides the two articles propounded against them of Scardeburg, the summe whereof was 231. pounds, 15s. 8d. concerning the which there was sentence giuen in England by the commissioners of our lord the king, the execution whereof was promised vnto the said Hamburgers by the ambassadors of England: leaue and licence being reserued vnto the sayd Hamburgers, of declaring or explaining certaine obscure articles by them exhibited, which declaration was to be made at the feast of Easter then next to come, or within one yeare next ensuing the said feast, vnto the chancelor of England for the time being, and of proouing the sayd articles and others also, which haue not as yet sufficiently bene proued. Which being done they are to haue full complement and execution of iustice.
Also by the Hamburgers there are demaunded 445. nobles from certaine of the inhabitants of Linne in England. Which summe, if it shalbe prooued to be due vnto any English men, the Hamburgers are to rest contented with those goods, which they haue already in their possessions.
[Sidenote: Breme.] Item, they of Breme propounded sixe articles, wherein the summe conteined amounteth vnto 4414. nobles. And there was no satisfaction promised vnto them. But the same libertie and licence was reserued vnto them, in like maner as before vnto the Hamburgers.
[Sidenote: Stralessund] Item, they of Stralessund propounded 23. articles, whereof the summe amounted vnto 7415. nobles, 20. d for the which there was promised satisfaction of 253. nobles, 3. d. Also here is a caueat to be obserued: that they of Stralessund had of English mens goods a great summe particularly to be declared, which will peraduenture suffice for a recompense. And some of their articles are concerning iniuries offered before 20, 22, 23, 24. yeres past. Also their articles are so obscure that they will neuer, or very hardly be able to declare or proue them. Howbeit there is reserued the very same liberty vnto them, that was before vnto the Hamburgers.
[Sidenote: Lubec] Item, they of Lubec propounded 23. articles, the summe whereof extended vnto 8690. nobles and an halfe: whereupon it was agreed, that they should haue paied vnto them 550. nobles. There was reserued the same libertie vnto them, which, was vnto the men of Stralessund.
[Sidenote: Gripeswold] Item, they of Gripeswold exhibited 5. articles, the summe whereof amounted vnto 2092. nobles and an halfe. For the which there was promised satisfaction of 153. nobles and an half. And the said men of Gripeswold haue of the goods of English men in possession, to the value of 22015. nobles, 18. s. as it is reported by them of Linne. And the same libertie is reserued vnto them that was vnto the Hamburgers.
[Sidenote: Campen.] Item, they of Campen propounded ten articles, the summe whereof extended vnto 1405. nobles. There is no satisfaction promised vnto them: but the same liberty is reserued vnto them, which was vnto the other aboue mentioned.
Item, the ambassadors of England demanded of the citizens of Rostok and Wismer, for damages and iniuries by them committed against the subiects of the foresayd souereigne king 32407. nobles. 2. s. 10. d. And albeit euery of the foresayd cities sent one of their burgomasters vnto the towne of Hage in Holland, to treat with the English ambassadours, it was in the end found out, that they had not any authority of negociating or concluding ought at al. And therefore they made their faithfull promises, that euery of the said cities should send vnto our soueraigne Lord the king one or two procurator or procurators sufficiently instructed to treat and conclude with our said souereigne lord the king about the damages and iniuries aforesaid at the feast of the natiuitie of Saint Iohn the Baptist.
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Compositions and ordinances concluded between the messengers of Frater
Conradus de Iungingen master generall of Prussia: and the chancelor and
treasurer of the realme of England 1403.
In the yere of our Lord 1403, vpon the feast of S. Michael the Archangel, the right hono: Henrie bishop of Lincoln, chancelor of England, and the lord de Roos high treasurer of England, and the ambassadors of Prussia, Iohn Godek of Dantzik, and Henry Monek of Elbing, masters of the same cities haue at Westminster treated in maner of composition about the articles vnderwritten: between the most souereigne lord the king of England, and the right reuerend and honorable Conradus de Iungingen Master general of Prussia as concerning the iniuries offered vnto the people of Prussia and Liuonia vpon the sea by the English.
First, that all ships with their appurtenances, and the commodities of the mariners, according vnto the condition of the things, and all other goods taken away by the English, which are actually vndiuided and whole, are incontinently and with al speed to bee restored. And if there bee any defect in ought, the value of the said defect is to be accounted, and with other losses of goods to be restored, at the terme of the restitution to be made and deliuered.
Item, that all ships, damages, and goods (as they are conteined in our bill of accusation) which are not now immediately restored, are to be restored and payd in the land of Prussia, between this and the terme appointed, with full execution and complement of iustice.
Item, concerning the persons throwen ouer boord or slaine in the sea: it shall remayne to bee determined at the will and pleasure of the most mighty prince, the king of England, and of the right reuerend the Master of Prussia.
Item, betweene this and the terme appointed for the restoring of the goods taken away, and vntill there be due payment and restitution of the said goods performed, the marchants of England and of Prussia are in no wise to exercise any traffique of merchandise at all in the foresaid lands.
[Sidenote: 1403.] Memorandum, that the third day of the moneth of October, in the yere of our Lord. 1403. and in the fift yere of the reigne of the most mighty prince and lord, king Henrie the fourth, by the grace of God king of England and France &c. betweene the reuerend father Henrie bishop of Lincoln, chancelor, and the right honorable William lord de Roos, high treasurer of England, both of their counsellers vnto the sayd soueraigne king on the one party, and the right worshipfull Iohn Godeke, and Henrie Moneke, sent as messengers by the right reuerend and religious personage, Frater Gonradus de Iungingen Master generall of the Dutch knights of the Order of S. Mary on the other party: it was, at the request and instancie of the sayd messengers, appoynted, and mutually agreed vpon, that all the liege people and subiects of the sayd soueraigne lord and king shall haue free licence and liberty vntill the feast of Easter next ensuing, safety to trauel vnto the land of Prussia aforesayd, there to remaine, and thence, with their ships, marchandises, and other their goods whatsoeuer, to returne vnto their owne home: which on the other side, all the subiects of the sayd Master general may, within the terme prefixed, likewise doe, in the foresaid realme of England. Prouided alwaies, that after the time aboue limited, neither the sayd marchants of the realme of England may in the land of Prussia, nor the marchants of that land, in the realme of England, exercise any traffique at al: vnles it be otherwise ordained by some composition, betweene the foresaid king of England, and the said Master general in the meane time concluded. In witnesse wherof, one part of this present Indenture is to remaine in the custodie of the foresaid messengers. Giuen in the Chapter-house of the Church of S. Paul at London, the day and yere aboue written.
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The letters of the chancelor and treasurer of England, vnto Frater Conradus
de Iungingen, master generall of Prussia 1403.
Right reuerend and mighty lord, your honorable messengers Iobn Godeke, and Henry Moneke, the bearers hereof comming of late before the presence of our most souereigne lord the king of England and of France, and being welcomed by our said lord with a chearefull and fauourable countenance, they presented certaine letters on your behalfe vnto the kings Maiestie, with that reuerence which beseemed them: expounding vnto his highnes, sundry piracies and molestations offered of late vpon the sea, by his liege people and subiects vnto yours, contrary to the leagues of peace and amitie, which hitherto (by Gods grace) haue bene maintained and continued on both parts. In consideration of which piracies and molestations, your messengers demanded full restitution and recompense to be made, either vnto the damnified parties, or vnto their procurators. We therefore at that time, especially being in the presence of our soueraigne (who with, his puissant army tooke his progresse towards the remote part of Wales being subiect vnto his dominion, to see iustice executed vpon his people of those parts, who very rashly haue presumed to rebell against him their souereigne, contrary to their allegeance) right well perceiued that it was his highnesse intention, that euery one should haue due iustice faithfully administred unto him, especially your subiects, and that with all fauour, whom he hath alwayes in times past right graciously intreated, as if they had bene his owne liege subiects and natiue countrey men, whome also hee purposeth hereafter friendly to protect: insomuch that betweene him and his subiects on the one party, and betweene you and yours on the other party, great abundance and perfection of mutuall amity may increase. And therefore we offered vnto your foresayd messengers, after they had particularly declared vnto vs such piracies and wrongs, to sende the kings letters vnto them of whom complaint was made, firmely inioyning them, vnder grieuous penalties, that without delay they restore or cause to bee restored vnto the parties damnified, or vnto their procuratours, all ships, marchandises, wares, and goods, by them taken or violently stolne from your subiects. And that your said messengers may partly attaine their desire, we haue commaunded certaine [Marginal note: Namely the ship of Edward Scof at Caleis, The ship of Tidman Dordewant and Tidman Warowen, at Orwel and Zepiswich.] ships, marchandises, wares and goods, found in certaine hauens, to be deliuered vnto them. Howbeit, as touching other goods, which are perhaps perished or wanting by infortunate dissipation or destruction, and for the which the said messengers of yours demand satisfaction to be made vnto them within a certain time by vs limited: may it please your honor to vnderstand that in the absence of our sayd souereigne lord the king, being as yet farre distant from vs, wee can in no wise limit or set downe any such terme of time. Notwithstanding, at the prosperous returne of our soueraigne, we are determined to commune with him about this matter. Of whose answere so soone as we be certified, we purpose to signifie his intention vnto you by our letters. Sithens also (right reuerend and mighty lord) your sayd messengers are contented, for the present, to accept of our offer aforesayde, as indeede by all reason they ought thereat to rest content, especially whereas by this meanes they shall the more speedily attaine vnto the effect of their purposes (to the shorte and wished execution and performance of which offer, we will, by Gods helpe, endeuour, to the vtmost of our ability) may it be your will and pleasure, that as in the kingdome of England, your marchants and subiects are courteously intreated: euen so the marchants and liege people of our soueraigne lord the king and of his kingdomes peaceably frequenting your parts, either in regard of traffique or of any other iust occasion, may there in like manner friendly bee vsed, and with your marchants and subiects suffered to communicate, and to haue intercourse of traffique, inioying the commodities of the ancient league. By this also the feruent zeale and affection which you beare vnto the royall crowne of England shall vndoubtedly appeare: albeit betweene the famous houses of England and of Prussia, the bandes of vnfained loue and friendship haue bin successiuely confirmed and kept inuiolable in times past And thus (right reuerend and mighty lord) wishing vnto you increase of honour and prosperity, wee take our leaues. [Sidenote: Note well. 1403.] Written at London the fift of October, in the yeare of our lord 1403.
By the chancelor, the treasurer, and other lords of the hono: counsell of
the king of England and France, being personally present at London.
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The letters of king Henry the 4. vnto Conradus de Iungingen the master
general of Prussia, for mutual conuersation and intercourse of traffique
to continue between the marchants of England and of Prussia, for a
certaine terme of time.
Henry by the grace of God king of England and France, and lord of Ireland, to the noble and mighty personage of sacred religion, Frater Conradus de Iungingen Master generall of the Order of the Dutch knights of S. Marie &c. our most deare and welbeloued friend, greeting, and continuall increase of our auncient and sincere amity. By the grieuous complaynts of our liege subiects concerning traffique, as it were circularwise too and fro both our dominions, we haue often bene aduertised that in regard of diuers iniuries and damages, which as well our as your marchants (who by their dealings in merchandise were woont peaceably to vse mutual conuersation together, whereupon very many commodities are knowen to haue proceeded) haue, by occasion of pirates, rouing vp and down the sea, sometimes heretofore sustayned: both the sayd marchants of our and of your dominions do abstaine themselues from their wonted mutual conuersation and traffique, as they haue likewise carefully abstained at sometimes heretofore, and especially from that time, wherein, at the instant request of your messengers, being of late before our presence, the free accesse of our marchants vnto your territories and dominions, and of your marchants vnto our realmes hath bene forbidden. Sithens therefore (our most deare friend) such iniuries (if any) as haue bene attempted against your subiects, were neuer committed by our will and consent, as we thinke that your selfe on the other side haue done the like: [Sidenote The auncient friendship betweene England and Prussia.] sithens also, so much as in vs lieth, wee are ready to exhibit full iustice with fauour vnto any of your people being desirous to make complaint, so that accordingly iustice may equally be done vnto our marchants by you and your subiects, which marchants haue in like sort bene iniuried, wishing with all our heart, that the ancient friendship and loue, which hath continued a long time between our realme and your territories and dominions, may perseuere in time to come, and that sweet and acceptable peace, which is to be embraced of al Christians, may according to the good pleasure of the author of peace, be nourished and mayntained: we do most heartily require the sayd friendship, exhorting you in the Lord that you would on your behalf consent and ordain (euen as, if you shall so do, we for our part wil consent likewise) that from this present vntil the feast of Easter next insuing (al molestations and iniuries which may be offred ceasing on both parts) our subiects by your territories and dominions, and your subiects by our realms, may peaceably and securely trauel, and that according to their wonted maner, they may friendly conuerse and exercise mutual traffick together: because we are determined to send vnto you and your counsel in the mean time some of our ambassadors, friendly to intreat about, the foresaid pretended iniuries, so far forth as they shal concerne our subiects. At whose arriual we stand in good hope that by the due administration of iustice on both parts, such order (by Gods assistance) shalbe taken, that mutual peace and tranquility may be established between vs in times to come. Also our desire is in particular, that our marchants and liege subiects may haue more free passage granted them vnto the parts of Sconia, for the prouiding of herrings and of other fishes there, that they may there remayne, and from thence also may more securely returne vnto their owne home: and we beseech you in consideration of our owne selues, that you would haue our marchants and liege subiects especially recommended vnto you, safely protecting them (if need shall require) vnder the shadow of your defence: euen as you would haue vs to deale in the like case with your own subiects. Moreouer, whatsoeuer you shall thinke good to put in practise in this behalfe, may it please you of your friendship, by our faythfull subiect Iohn Browne the bearer hereof to giue vs to vnderstand. In the sonne of the glorious virgine fare ye well, with continuall prosperity and felicity according to your owne hearts desire. Giuen vnder our priuie seale, at our palace of Westminster, the fift day of Iune, and in the fift yere of our reigne.
Postscriptum.
Right reuerend and our most deare friend: albeit our welbeloued Arnold de Dassele the procurator of your foresaid messengers, being desirous at this time to make his final returne vnto your parts, by reason of the affayres, for which he hath remained in our realme of England, cannot as yet obtaine his wished expedition: notwithstanding you of your sincere affection ought not to maruel or any whit to be grieued thereat: because troubles of wars arising, which in some sort concerned our selues, and especially in regard of the continuall assaults of the French men and Britons against vs and our kingdome, for the offence of whom, and our owne defence, our liege subiects (especially they, of whom your subiects damnified haue made their complaints) haue armed themselues to combate vpon the sea: we could not grant vnto the foresayd Arnold such and so speedy an expedition, as he earnestly desired to haue. Vnto the which Arnold your procurator we haue offered in as short time as may be, to administer complete iustice with fauour, to the end that for this cause he might dispose himselfe to remaine in our realme of England: and yet notwithstanding wee would do the very same euen in the absence of the sayd procurator. Giuen as aboue.
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To the most renowned prince and mighty Lord, Henrie king of England &c. our
gracious Lord.
Our humble recommendations, with our most instant and continuall prayers for you being graciously by your Maiestie taken in good part &c. Most soueraigne king, mighty prince, gratious lord, and vnto vs most vnfaynedly beloued, we receiued of late your gracious letters by your Maiesties liege subiect Iohn Brown, the contents wherof seemed to be these following: first that of long time heretofore, there haue bene between the marchants of your realm and of our lands, not only quiet and peaceable accesse one vnto another, but also mutual participation, and common traffique of their wares, being right commodious and auaileable for them both: howbeit, that now the focesaid profitable conuersation, by reason of certain notorious robberies, committed vpon the sea by pyrates against both parts, and the wonted accesse also of your subiects vnto our dominions, were altogether forbidden. Moreouer, you call to remembrance the ancient amity and friendship betweene both our lands, with the inualuable commodity of sweet amiable peace, which are by al faithful Christians, to the vtmost of their endeuour to be imbraced. Wherupon you of your exceeding clemency, do offer your Maiesties ful consent, that the foresaid prohibition being released vntil the feast of Easter next ensuing, the said marchants of your dominions may in our territories, and our marchants likewise may in your realms (al molestations ceasing) exercise their woonted traffique: especially sithens in the mean season your royall wisdome hath determined to direct vnto vs your hono: ambassadors in friendly sort to treat and parle with vs as touching the pretended iniuries, so far forth as they may concerne your subiects. Adding moreouer in particular that when your people shall repayre vnto the parts of Sconia to fish for herrings, hauing consideration and regard vnto your maiestie, we would haue them especially recommended vnto our protection &c. Most soueraigne lord and king, and gracious prince, wee doe with vnfained and hearty affection embrace the oracles of your maiesties most courteous and acceptable offer: wherein you haue vsed most diligent and effectuall perswasions, that complement of iustice should be done vnto the parties iniuried, and that peace and friendship should take place, making no doubt of your own royall person, nor of our selues or of any appertayning vnto vs, but that our inclinations and desires in this regarde are all one and the same: neither would we lightly transgresse the limits of your perswasions without some iust, weighty, and reasonable cause, forasmuch as the matters perswaded are in very deede most happy preseruatiues of a common weale, yea, and of nature, it selfe. Moreouer whereas your highnes hath farther requested vs, that the prohibition of your subiects accesse vnto our dominions might, vntill the feast of Easter next ensuing, be released: we answere (vnder correction of your maiesties more deliberate counsell) that it is farre more expedient for both parts to haue the sayd prohibition continued then released, vntil such time as satisfaction be performed on both sides vnto the parties endamaged, not in words only, but actually and really in deeds, or by some course of law or friendly composition. For there is no equall nor indifferent kinde of consort or trade between the impouerished party and him that is inriched, betweene the partie which hath obtayned iustice and him that hath obtayned none between the offender and the party offended: because they are not mooued with like affections. For the remembrance of iniuries easily stirreth vp inconsiderate motions of anger. Also, such a kind of temperature or permixtion, as it were, by way of contrariety breedeth more bitternes then sweetnes, more hate then loue: whereupon more grieuous complaints aswel vnto your highnes as vnto our selues, might be occasioned. The lord knoweth, that euen now we are too much wearied and disquieted with the importunate and instant complaints of our subiects, insomuch that wee cannot at this present by any conuenient meanes release or dissolue the sayd prohibition, before wee be sufficiently informed by your maiesties ambassadors, of the satisfaction of our endamaged subiects. [Sidenote: Margaret queen of Denmarke.] Furthermore, whereas your maiesties request, concerning your subiects that shal come vnto the parts of Sconia, is that we would defend them vnder our protection: be it knowen vnto your highnes, that for diuers considerations vs reasonably mouing, being prouoked by the queene of Denmarke and her people, being also vrged thereunto full sore against our wils, for the repelling and auoiding of iniuries, we haue sent forth our armie against them. Howbeit for a certaine time a truce is concluded on both parts, so that our people are actually returned home. Farre be it from vs also, that our subiects being occupied in warres, should in any sort willingly molest or reproach any strangers, of what landes or nations soeuer, not being our professed enemies. For this should be to oppresse the innocent in stead of the guilty, to condemne the iust for the uniust: then which nothing can be more cruel, nor a reuenge of greater impietie. In very deede (most gracious prince and lorde) we are moued with right hearty sympathy and compassion for any inconuenience which might happen in your regiment: wishing from the bottome of our hearts, that all affayres may right prosperously and happily succeede, about the royall person and regiment of your most excellent Maiestie, and that continually. The like whereof wee hope from you: most humbly commending our selues, and our whole Order vnto your highnes. Giuen at our castle of Marienburgh, the 16. day, the moneth of iuly, in the yere of our Lord 1404.
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An agreement made betweene king Henry the fourth and Conradus de Iungingen
Master generall of the land of Prussia.
This Indenture made between Sir William Esturmy knight, Iohn Kington clerke, and William Brampton citizen of London the ambassadors, commissioners, and messengers of the most mighty prince and lord, our souereigne lord Henrie by the grace of God king of England and France, and lorde of Ireland, for the repayring, reformation, and amends of whatsoeuer damages, grieuances, excesses, violences, and iniuries in any sort vniustly attempted, done, or offered, by our sayd soueraigne lord the king and his liege people and subiects, vnto the great and mighty lord Conradus de Iungingen Master general of the order of the Dutch knights of S. Maries hospitall of Ierusalem, or his subiects: and for the requiring, demanding, and receiuing of such like reparations, reformations and amends, by the foresayd lord the Master generall, for the behalfe of himselfe or any of his subiects whatsoeuer, from and in the name of our soueraign lord the king and his subiects, vnto the sayd Master general, into his land of Prussia, by our souereigne lord the king, and appointed as ambassadors on the one party: And betweene the hono: Lords and religious personages Conradus de Lichtenstein great commander, Warnberus de Tettingen chiefe hospitalary and commander in Elbing, and Arnold de Hacken treasurer, the procurators and commissioners of the great and mighty lord the Master general, being in like and equal sort and in all respects, as the ambassadours of England are, authorised on the contrary side by the authoritie and power of the sayd Master general on the other part, witnesseth: That diuers treaties and conferences being holden between the said ambassadors, messengers, and procurators or commissioners, of and concerning the reparations, reformations and amends of certaine damages, grieuances, excesses, violences, and iniuries offered and attempted, as wel by the Prussians against the English as by the English against the Prussians, and of other actes vniustly committed on both parts: in conclusion, after the sayd treatise, the foresayd ambassadours, procurators and commissioners by vertue of the authority committed vnto them appoynted, and with one consent agreed vnto the articles vnder written.
Inprimis, that for the consideration of mutuall loue and woonted friendship, and of peace and tranquillity hereafter to be continued and maintained, and also that the articles vnder written may more prosperously be brought vnto a wished effect, between our said soueraign lord the king and his liege people and subiects, and the subiects, people, and inhabitants of the territories and dominions of the foresayd lord the Master generall, it is agreed and concluded, that all liege marchants of England whatsoeuer, shall haue free licence and libertie to arriue with their shippes, goods and marchandises whatsoeuer, at any porte of the land of Prussia, and also the sayd goods and marchandises farther vnto any place of the sayd land of Prussia to transport, and these with any person or persons freely to contract and bargaine, euen as heretofore, and from auncient times it hath bene accustomed. Which liberty in all respects is granted vnto the Prussians in England.
[Sidenote: 1403.] Item it is further agreed betweene the sayd ambassadours, procurators, and commissioners, that whereas of late, namely in the yeare of our lord 1403, the sayd Master general by his discreet subiects Iohn Godek of Dantzik, and Henry Monek of Elbing, his ambassadors and messengers, for this purpose hath caused certain articles, (namely 20, in number) containing in them matters of damages, molestations, violences, and iniuries committed and offered against the said Master generall and his subiects, by our sayd soueraigne lord the king his subiects and liege people, to be exhibited, giuen vp and deliuered vnto our lord the king aforesaid in his kingdome of England: it is concluded and agreed about the sayd 20, articles, by the aforesaid ambassadors, commissioners, and procurators, as in the acts and pleas had and made before the sayd ambassadors, commissioners and procurators, and in the records made and written of and about, the examination of such articles, it is more at large contayned (vnto the which the sayd ambassadors, commissioners, and messengers doe here in this place referre themselues) of the which articles also some are receiued by the commissioners aforesayd, and others are proroged vnto a certaine time vnder written, euen as in the foresayd registers it is more fully contayned and put downe in writing.
As touching certaine other articles also exhibited a newe vnto the sayd English ambassadors, in the land of Prussia being 16 in number (whereof one is admitted, and the rest are proroged vntil A terme vnder written) the same course is to be taken and obserued, which was before appoynted and agreed vpon, about the articles deliuered and exhibited vnto our foresayd souraigne lorde the king, as is aforesayd.
Moreouer, as touching the articles exhibited by the English ambassadours in the name and behalfe of their sayd soueraigne lord the king of England, vnto the procuratours and commissioners of the foresayd lord the Master generall (of the which some are declared already, and the declaration of the rest is proroged vntill a certayne terme vndernamed, euen as in the registers made of and vpon the examination of the sayd articles, it is more manifestly prouided) the same course is to be taken, which must be obserued about the articles of the sayd lord the Master general), exhibited, as well vnto the foresayd soueraigne prince in England, as vnto his ambassadors in the land of Prussia, euen as about the sayd articles it is before concluded.
[Sidenote: The complaints of Liuonians.] And whereas on the behalfe of the citizens and marchants of the cities of Rij and Dorp [Footnote: These cities seem to haue been large commercial centres.], and of other townes in the land of Liuonia, many and great complaints haue bene by way of articles exhibited and deliuered vnto the sayd English ambassadours in the land of Prussia, which for diuers causes, could not as then be ended: therefere it is concluded and agreed vpon betweene the ambassadours, and the commissioners aforesayd, that the saide citizens and marchants may in the towne of Dordract in Holland, vpon the first day of the moneth of May next ensuing (at the which time and place, the continuation and prorogation of all other articles not fully declared in the partes of Prussia, shall be put in vre [Footnote: _Ure_ i.e., use. Norman or law French (See Kelham's Norman Dict.) This vickering will but keep our arms in _ure_, The holy battles better to endure. --_Four Prentices of London_, VI., 493. In Chaucer's time it also meant fortune, like the French Neure. (NARES' _Glossary_).] by themselues or their lawfull procurators, make their appearance, for the obtayning of a conuenient, iust, and reasonable reformation of all iniuries attempted against them, then, or at some other times within one whole yere next following, and not afterward, being effectually set downe and limited, at the place aforesaid, by the consent of the ambassadours and commissioners of either parte, all lawfull impediments ceasing.
Prouided alwayes, that the value and price of all wares, goods, and marchandises, whereof the said citizens and marchants of Liuonia, in their articles receiued by the sayde English ambassadours, as is aforesayd, doe make mention, shall be iustly esteemed, prized, and approoued, not by any of England, or of Prussia, or of Liuonia, but by some other indifferent marchants of good credite, valuing them at the true rate of marchants, which such like marchandise wonld haue amounted vnto, if, at the time when they were taken, they had bene to be solde at the town of Bruges in Flanders.
Forasmuch also, as diuers and sundry Prussians (who exhibited manifolde Articles of complaints, being receiued by the said English Ambassadonrs, at their abode in Prussia) made not their personall appearance, before the saide English Ambassadours, in the lande of Prussia aforesaide: The prorogation aboue-mentioned was made vnto the first day of the moneth of May: and also it was agreed vpon by the saide Ambassadours, Procurators, and Commissioners, that the saide parties which had not appeared before shall haue libertie graunted them, lawfully to make their appearance, vpon the first of May aforesaide, at the towne of Dordract, either by themselues or by their Procurators, and also to bring with them the letters testimonial, and patents, sealed with the seale of the saide Lord the master generall, (he hauing first of all receiued sound and sufficient information from the cities whereof the parties plaintife are citizens, of the damages and grieuances any way vniustly inflicted vpon them or any of them by the English) to the end that they may there by articles conueniently declare and proue, before the Ambassadours, Procurators, messengers, and Commissioners of both partes, the rate and value of their said goods: and that in so doing they may obtaine conuenient, iust, and reasonable restitution, for all acts vniustly attempted against them, then, or at some other times effectually to bee set downe and limited at the foresaid place by the consent of the Ambassadors and Commissioners of both parts, euen as it was aboue promised vnto the marchants of Liuonia.
But if they of Prussia last aboue-mentioned, shall not vpon the first of May, and at the place appointed, for some cause, make their appearance, that then it shalbe lawfull for them, at any time within one whole yeere next following, to repaire vnto the lord Chancelor of England, at the citie of London, and to insinuate and declare vnto him their complaints before exhibited vnto the saide English Ambassadours in the land of Prussia, or which complaints should haue bene deliuered at the foresaid terme and place, or els, the which were not then and there fully finished and dispatched: and also by articles as is aforesaide, to declare and proue the true worth and estimation of all damages and grieuances any wayes vniustly offered by the English vnto them or any of them: to the ende that they may (as it is aboue mentioned) effectually receiue, and also speedily and easily obtaine conuenient, iust, and reasonable reformation and satisfaction, for al acts vniustly attempted against them, which are contained in the complaints not as yet fully declared and finished.
Moreouer, it is appointed and agreed vpon betweene the foresaide Ambassadours and Commissioners: that the forenamed souereign Lord and the said lord the Master general are to send and set forward their Ambassadours, messengers, and Commissioners, vpon the first of May vnto the place appointed, to treate, parle, agree, and conclude about those affaires, which shal then and there happen to be treated of and handled among them.
Furthermore, betweene the often mentioned Ambassadours, Procurators, and Commissioners, it is enacted and concluded: [Sidenote: Note well.] that vnto all and singular lawfull statutes, ordinations, and prohibitions framed, made, and ordained, by the saide lorde the Master generall, in his land of Prussia, or by his Proconsuls and Consuls, and his gouernours of cities, townes, villages, and of other places in the land of Prussia, vnto the obseruation whereof, aswell the subiectes of the said Master general, as foreners and strangers, are tyed and bound: vnto the very same statutes, ordinations, and prohibitions, al English marchants whatsoeuer resorting vnto the land of Prussia, must be firmely bounden and subiect.
Also it is ordained, that whatsoeuer sale-clothes are already transported, or at any time hereafter to bee transported out of England into Prussia by the English marchants, and shall there be offered to bee solde, whether they be whole cloathes or halfe cloathes, they must containe both their endes.
Lastly, that the matters aboue-mentioned fall not short and voyde of their wished effect; the treaty and conference about all and singular damages and grieuances (whereof there is not as yet done, but there must be, by the vertue of these presents, performed, a reformation and amendment) must be continued and proroged vntill the first of May next ensuing: as by these presents they are continued and proroged with the continuation of the dayes then immediately following, at the towne of Dordract aforesaide: at the which time and place, or at other times and places, in the meane space, as occasion shall serue, by both parties to be limited and assigned, or else within one yeere after the said first day of the moneth of May next ensuing bee expired: the hurt and damaged parties generally before-mentioned, shall haue performed vnto them a conuenient, iust, and reasonable reformation on both partes. Prouided alwayes, if within the terme of the saide yeere, some conuenient, iust, and reasonable reformation bee not performed vnto the parties iniuried, and endamaged, which are generally aboue mentioned: that then, within three whole moneths after the foresaid yere shall haue expired, the Prussians shall depart out of the realmes and dominions of the saide Soueraigne Lord the king of England, together with their marchandize, and with other goods which they shal haue gotten or bought, within the space of the foresaid three moneths: and that the English men also are likewise, in all respects bounden to auoid and (no lawfull impediment hindering them) to withdrawe themselues and to depart out of the territories and dominions of the saide Master generall, without all molestation, perturbation, and impediment whatsoeuer, none other intimation or admonition being necessarie in this regard.
Howbeit least that by the robberies and piracies of some insolent and peruerse people, matter should be ministred vnto the said lord the Master generall, of swaruing from the faithfull obseruation of the foresaid agreements, or (which God forbid) any occasion bee giuen him of not obseruing them: it is also decreed by the often aboue mentioned Ambassadours and messengers, that if the goods and marchandize of any of the saide lorde Master generall his subiectes whatsoeuer shall be from henceforth vniustly taken vpon the Sea, by any English Pirates, and shalbe caried into the realme of England, and there receiued, that the Gouernours and keepers of portes, and of other places (with whatsoeuer names they be called) at the which portes and places such merchandises and goods shall chaunce to arriue, beeing onely informed of the saide goods and marchandises, by sole report, or (other proofes wanting) by probable suspition are bound to arrest and to keep them in safe custodie, fauourably to be restored vnto the owners thereof, whensoeuer they shall be lawfully demaunded: which if they shall omit or deny to performe, from thenceforth the saide gouernours and keepers are bound to make vnto the parties endamaged, a recompense of their losses.
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The Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation — Volume 05Chapter II: Part 2
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