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

A new concord concluded between king Henry the 4. and Vlricus de Iungingen Master generall of Prussia in the yeare of our Lord 1409.

By this indenture or letters indented be it euidently knowen (for the perpetual memory of the matter) vnto all faithfull Christians, that the noble and honourable personages Richard Merlowe Maior and citizen of London, Master Iohn Kington clerke, and William Askham citizen and Alderman of the same citie, the commissioners of the most soueraigne prince and lord, L. Henrie by the grace of God king of England and France, and lord of Ireland, and Tidericus de Longenthorpe knight, Lefardus de Hereford burgomaster of Elbing, and Iohn Crolowe citizen of the citie of Dantzik, the procurators, commissioners, deputies, and messengers of the right noble and religious personage Fr. Vlricus de Iungingen Master general of the order of the Dutch knights of S. Maries hospital of Ierusalom, hauing in the names of the sayd king and Master by vertue of the power on both parts committed vnto them, sufficient authority, haue appointed and with one consent agreed vpon all and singular the things vnder written.

1. Imprimis for the conseruation and mutuall loue and wonted amitie, and for the tranquilitie of sweete amiable peace, it is decreed and ordained, that all and singular the liege people and subiects of the Realme of England and the marchants of the territories and dominions of the said Realme and all other persons of what state or condition soeuer, shall and may safely and securely, as well by land as by water enter into the parts of Prussia, and there mutually conuers and freely after the Maner of marchants exercise traffique aswell with the Prussians as with others, of what nation or qualitie soeuer, there also make their abode, and thence vnto their owne homes and dwelling places returne, and depart vnto any place whither and so often as they shall thinke good, as well by land as by water, with their goods merchandize, and wares whatsoeuer; faithfully paying in the meane time all rights and customes due in regard of their said wares and marchandize. Reserued alwaies unto the said Master and his sucessours all right and remedie ordained, granted, and vouchsafed in certaine obligations by our Lord the king, whereof mention shall be made in the articles following.

2. It is ordained, that all and singular the subiects of the said Master generall and of his order, of what state and condition soeuer, shall and may, as well by water as by land enter into the kingdome of England and into the territories, and dominions, thereof, and there mutually conuerse, and freely after the maner of Marchants exercise traffique as well with all English people as with others of what nation or qualitie soeuer, and there also make their abode, and thence returne vnto their owne habitations and dwelling places, and to deport whither they will and as oft as they shall thinke good as well by land as by water, with their goods, marchandize and wares whatsoeuer: truely paying in the meane time all rights and customes due in regard of their said wares and Marchandize. Reserued alwayes vnto the said soueraigne king, his heires and successours, all rights and remedies ordained and graunted vnto them in certaine obligations, by the commissioners and procurators of the said Master generall aboue-named, and in the name of the said Master generall.

3. Item it is with one consent agreed upon, promised, and granted that for all and singular damages, grieuances, and robberies howsoeuer done and committed before the date of these presents against the foresaid soueraigne Prince and his subiects whatsoeuer, and all others which at the time of the grieuances, damages, and robberies aforesaid, were, or at this present are the said soueraigne king his subiects; there are due to be payed vnto the said king or his successours by the said Master generall or his successours, in full satisfaction and recompence of the damages, grieuances, and robberies aboue written, certaine summes of English money: euen as in the letters obligatorie made by the said Master generall his procurators and messengers aboue named in this behalfe, and sealed with their seales, and deliuered vnto the forenamed procurators and commissioners of our said Lord the king it is expressed more at large.

4. Item it is couenanted, graunted, and promised, that no subiect of the said Master generall or of his successours, by reason or occasion of the damages, grieuances, and robberies aforesaid, shall, by the said soueraigne king or his successours or by their authoritie or commandement, or by another person whatsoeuer who in regard of the foresaid losses, grieuances and robberies hath bene molested and damnified, or at the procurement or instant suite of any, be attached, arrested, imprisoned, or detained; nor that the goods of the said Master generall, or of his successors, or of any of them, shal be laid hold on, arrested, or detained.

5. Item it is couenanted and ordained, that if any of the liege people and subiects of the sayde Master generall or of his successors shall, contrary to the forme of the concord and graunt next aboue-written, chance to be molested or endamaged: that then the foresaid soueraigne Lord the King and his successors the kings of England are bound to make full satisfaction for all such losses as the subiects of the said Master generall or of his successours or any of them shall for that cause haue vniustly sustained, vnto the parties endamaged. Which thing if the foresaid soueraigne Prince, or his successours in the Realme of England, being conueniently requested by the letters of the said Master generall or of his successours shall refuse to doe, that then after the terme of sixe moneths immediately following the said deniall or refusall, it shalbe right lawfull for the Master generall that now is and for any of his successours in time to come (hauing first made conuenient proofe that the foresaid request was by him or them exhibited) to arrest so many goods of the foresaid king his subiects found in the land of Prussia, as may suffice for the reasonable satisfaction and recompense of any person or persons whatsoeuer vniustly molested in this behalfe; and also to detaine the said goods under arrestes, vntil condigne satisfaction and amends be made vnto the party or parties molested.

6. Item by the commissioners and procuratours often aboue named it is couenanted, promised, and graunted, that for all and singular the damages, molestations and robberies by the foresayde soueraigne king his liege people and subiects howsoeuer before the date of these presents committed and offred against the said Master general or against any of his subiects whether Prussians or Liuonians, and against all others who at the time of the damages, grieuances and robberies aforesaid were, or at this present are the subiects of the Master generall aforesaid (except notwithstanding certaine damages and grieuances hereafter to be mentioned, whereof also some prouisoes shalbe had in the articles following, which damages were before the date of these presents by the said soueraigne king his liege people and subiects inflicted vpon certaine subiects of the foresaid general Master, especially them of Prussia which hereafter shalbe named) there are certaine summes of money due to be payed vnto the said Master generall or vnto his successours by the said soueraigne Prince or his successours for the full satisfaction of the foresaid damages, molestations and robberies inflicted vpon the Prussians and Liuonians, and the others mentioned, euen as in the leters obligatorie of the said soueraigne Lord the king made in this behalfe, being giuen and deliuered vnto the said Master generall his procuratours and messengers, it is declared more at large.

7. Item, it is couenanted, granted and promised, that none of the liege people or subiects of the foresaid soueraigne prince or of his heires shall, by reason or occasion of the damages, grieuances and robberies aforesaid, by the sayd Master generall or his successours or by their authoritie and commandement, or by any other who in respect of the said damages, grieuances and robberies aboue mentioned, hath beene molested or damnified, or by any of their procurements or instant suites shalbe attached, arrested, imprisoned or detained: nor that any goods of the subiects of the said soueraigne king or his heires or any of them, shall bee attached, arrested, or detained. Reserued always vnto the forenamed Master generall and his subiects all right and remedie any way requisite or competent vnto them by meanes of the obligations aforesaid.

8. Item it is couenanted and agreed that if any of the liege people or subiects of the sayde soueraigne prince or of his heires and successours shall (contrary to the forme of concord and graunt next aboue-written) chaunce to bee molested or endamaged; that then the saide Master generall and his successours, for all losses and hindrances which the liege people and subiects of the foresayde soueraigne prince or of his heires or successours, shall by that meanes haue vniustly sustained, are bound to make full satisfaction vnto the partie endamage. Which if the Master generall aforesaid or his successors being conueniently requested by the letters of the sayde soueraigne prince or of his heires, shall refuse to doe; that then, after the space of sixe moneths next ensuing the time of the foresayde request, it may bee right lawfull for the forenamed soueraigne prince that nowe is, or that then for that time shall be (conuenient proofe being first brought, that the foresayd request had conueniently beene exhibited) to arrest so many goods of the sayde Master generall his subiects founde in the Realme of England, as may suffice for the reasonable satisfaction and amends of any person or persons vniustly molested in this behalfe; and also to detaine the sayde goods vnder safe custodie, vntill condigne satisfaction and amends be made vnto the partie or parties aggrieued.

9. Item it is couenanted that besides the summes due vnto the sayde Master generall and his successours in the behalfe of his subiects both of Prussia and of Liuonia (whereof mention is made in the former articles) there are due to be payed vnto the sayde Master generall and his successours, for sundry other damaged, grieuances, and robberies against himselfe and diuers other of his subiects of Prussia, namely. Matthewe Ludekensson, Arnold Ashen, Henri Culeman, Iohn Vnkeltop, Iohn Halewater, Egghard Scoffe of Dantzik, and Nicolas Wolmerstene of Elbing, done and committed by the sayde soueraigne king his liege people and subiects vnder-written, euen before the date of these presents, for the full satisfaction of the sayde damages, grieuances and robberies, certaine summes of nobles hereafter following. Namely Imprimis by Tutburie, and Terry of Hull, 82. nobles, which are due vnto the foresaid Matthew Ludekinson. Item by Nicholas Scot of Caleis the sonne of Tutbury, and Hilg of Hull, 256. nobles, which are due vnto the foresayd Arnold de Aschen. Item by the inhabitants of Scardeburgh, Blakeney, and Crowmer (who had one Iohn Iolly of Blakeney for their captaine) 156. nobles, which are due vnto Henrie Culeman aforesayd. Item by the inhabitants of Bayon (Whose Capitaine was one Pideuille) 125. nobles which are due vnto the said Iohn Vnkeltop. Item by the inhabitants of Plymmouth and Dertmouth (whose Captaines were Henrie Pay, and William Gadeling) 600. nobles which are due vnto the foresayde Iohn Halewater, in respect of his goods by them violently taken away. A ship of the burthen of 300. tonnes. Item 334. nobles to be payed by the selfe same parties, being due vnto the sayde Iohn Halewater by reason that they detained his ship from him three moneths and more, which ship was of the burthen of three hundreth tonnes of wine, and had in it all the foresayde time fiue and fourtie seruants maintained at the expenses of the sayde Iohn Halewater. Item that Sir William de Ethingham knight, who was Vice-admirall for the sea, must bee summoned to alleage a reasonable cause (for that the sayd Sir William with his seruants expelled the said Iohn Halewater out of his ship for the space of fifteene dayes together, and tooke of the goods and victuals of the said Iohn to the summe of 114. nobles) why he ought not to pay the said summe of 114. nobles vnto Iohn Halewater aforesaid: which if hee shall not bee willing nor able to alleage before the first of April next ensuing, that then by the kings authoritie hee must be compelled to pay unto the foresaid Iohn the said 114 nobles. Item by the inhabitants of Caleis (whose captaines were Michael Scot, Bishop, and William Horneby) 1900. nobles, which are due vnto the foresayde Eggard Scoff, because the saide soueraigne king hath giuen them in charge by the said Michael Scot and the rest concerning the payment of the summe aforesaid. Item by Iohn Bilis neere vnto Crowmer, 68. nobles, which are due vnto Nicholas Wolmersten of Elbing. Which summes of nobles must by the kings authority be leuied at the hands of his subiects aboue-mentioned betweene the time that nowe is and the feast of the Purification of the blessed virgine which shall fall in the yeere of our Lord 1411. effectually to bee deliuered and payed unto the sayd Master generall or his lawfull procurator, or vnto his successours or their lawfull procuratours, at the Citie of London, vpon the feast aforesaid.

Item it is couenanted that besides the summes specified in the foresayde letters obligatorie, made in the behalfe of the said soueraigne prince, there are due to be paied vnto one Iohn Marion of Wersingham lately deceased being in his life-time the liege subiect of the foresaid soueraigne prince 200. nobles of Knglish money in regard of certaine iniuries and robberies done and committed before the date of these presents against the foresayde Iohn, by one Eghard Scoff, subiect vnto the said deceased Iohn, his wife, children, heires, or executors by the said Egghard, his heires or by the administrators of his goods at the time and place aboue mentioned.

10 Item, it is couenanted, confirmed, and promised, that for all the iniuries and robberies done and committed against one Iohn Dordewant of Elbing, being in his life time subiect vnto the sayd Master generall, by the liege people and subiects of the said soueraigne king the inhabitants of the Scardeburgh before the date of these presents; for the full recompense of all such iniuries and robberies, there must bee payed vnto one Iohn Gruk of Dantzik eight hundred nobles of English money, vpon the feast of Easter next following in the Citie of London by them of Scardeburgh being guilty and culpable in this behalfe; who are by definitiue sentence condemned vnto the said Iohn in the summe of 800. nobles by reason of the iniuries and robberies aforesaid, except the lawfull expenses in this behalfe layed out: they are also taxed in due time for the issue. And therefore the foresayde condemned parties (whose names are in the sentence against them pronounced in this behalfe more expresly conteined) must in the meane season by the kings authority be compelled and constrained really and actually to obey the foresayd sentence, namely by deliuering and paying vnto Iohn Gruk the summe of 800. nobles at the time and place aboue mentioned, with reasonable expences, wherein also the said parties stand condemned, their lawfull taxation being reserued.

Item it is couenanted and granted, that the heires of Lord Henrie du Percy the younger after they shall come vnto lawfull age, and shall haue attained vnto the possession and goods of their inheritance, must be compelled by the kings authoritie (iustice going before) to make satisfaction vnto the great procurator of Marienburgh with the summe of 838. nobles in lieu of certaine corne and graine which the foresaid Lord Henrie, in the yeere 1403, bought and receiued of the said great procuratour, for the vse of the castle of Zutberwik. In testimonie and confirmation of all the which premisses, the said Tedericus Lefardus, and Iohn Crolow, of their certaine knowledges haue put their seales vnto these present letters indented, in the presence of the aboue-named Richard Merlow, Iohn Kington, and William Askam, commissioners for the behalfe of England giuen at the Citie of London in England the fourth day of December, in the yeere of our Lord 1409.

http://ebooks.adelaide.edu.au/h/hakluyt/voyages/v05/chapter18.html

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