Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation, by Richard Hakluyt

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.

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.

The complaints of Liuonians. And whereas on the behalfe of the citizens and marchants of the cities of Rij and Dorp 254, 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 vre255 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: 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.

And for fault of iustice to be executed, by the said gouernours and keepers, our soueraign lord the king aboue named, after he shall conueniently be requested by the parties damnified, is bound within three moneths next ensuing (all lawfull impediments being excepted) to make correspondent, iust, and reasonable satisfaction, vnto the saide partes endamaged. Otherwise, that it shal be right lawfull for the saide lorde the Master generall, to arrest, and after the arrest to keepe in safe custodie the goods of the English marchants being in the land of Prussia, to the condigne satisfaction of such iniuries, as haue bene offered vnto his subiects, vntill his said subiects be iustly and reasonably contented.

Likewise also in all respects, the same iustice is to be done vnto the English by the said Lord the Master generall and his subiects in Prussia, euen as it hath bene enacted and decreed in the aboue written clause, beginning, Cæterum ne per &c. In English: Howbeit least that &c. for the said Master general, and his subiects by the foresaide ambassadors of England, and the commissioners of the said lord the Master generall, that in like cases iustice ought to be administred on the behalfe of himselfe, and of his subiects in the realme of England.

And that all and singular the couenants aboue written, may in time to come, by the parties whom they concern, firmly and inuiolably be obserued; the forenamed ambassadors, messengers, and commissioners, all and euery of them, for the full credite, probation, and testimonie of all the premisses, haue vnto these present Indentures, made for the same purpose, caused euerie one of their seales with their owne hands to be put. One part of the which indentures remaineth in the custodie of the English ambassadors, and the other part in the hands of the commissioners of Prussia. Giuen at the castle of Marienburgh in Prussia, in the yeere of our Lorde 1405. vpon the 8. day of the moneth of October.

254These cities seem to haue been large commercial centres.

255_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_).

http://ebooks.adelaide.edu.au/h/hakluyt/voyages/v05/chapter10.html

Last updated Monday, March 10, 2014 at 22:44