The Danes and Swethens enemies: the Hanse men confederats. When the Kings of Denmarke, and of Swethlande were at difference one with another, was it permitted to these Hansemen to conuay freely any thing into one of their kingdomes, which was not in deede ceased vpon & confiscated, if it fel into the laps of the other, not hauing first obtained speciall libertie for the same? Was this stately, & so much priuiledged name of Newtralitie at that time, of such force, that without vsing of any mediatour, it could recouer againe their goods out of the hands of the Danes & Swethens, & coūtenance the same in safetie, & securitie? Let them acknowledge that, whereof they are not ignorant, that although the Emperour Ferdinande and other Princes of the Empire dealt in their behalfe by way of intreatie and mediation, and that from the solemne assemblie of the said Empire, yet they in this case preuailed nothing at all with Ericke, the king of Swethland.
And further in the time of hostilitie betwene the Empire, wherewith as then the king of Poland ioyned against the great Duke of Muscouie, The Emperour and the King of Poland enemies to the Moscouite: the English and Hanse men friends. went these matters otherwise then? Could either the English marchants, or anie other frequent the Narue in Liuonia, or any other partes of the Dukes dominions freely, and without daunger? Did the Hanse men which then were for their king and Emperor, deliuer and restore againe the shippes which they had intercepted and taken, from those which made such attempts? Many mens goods surprised by the Hanse men and others, as then intertained against the Moscouite, and by them still detained, without anie precedent prohibitiō of passing to the said Moscouite, are hereof very good witnesses.
It is also a thing well knowen, that the noble Prince of Orange, and the States, exercised the like iustice, as well against the Hanse men, as others in times past.
And verely the foresaid Princes in these arrestes did that which was according to the tenour, and prescription of the lawes of the equitie of nations. For that same priuiledge of Newtralitie, is in such sort to bee vsed and inioyed, that in helping one of our confederates, we hurt not another: so that hee which helpeth one, & thereby damnifieth another, falleth from his priuiledge and contract: not because he helpeth one of his confederates, but because he doeth preiudice another, and by that fact of his, makes himselfe an enemie, as offering the first iniurie, and therefore in so doing, he is to bee taken and reputed for an Adherent, and Assistant to the enemie, and a very enemy himselfe.
This then beeing the state of these thinges, what lawe, what reason, or example may be obiected to the contrary, but that it is lawfull for the Queene of Englād, whose scepter, diademe, kingdome, liuing, and life, are greedily thirsted after by the Spaniard, so potent and so malicious an enemie, to doe that against his fautors and fauourers so often premonished, which was lawful for the Emperour, for the Empire, for the king of Swethen, for the king of Denmarke, for the Prince of Orange, for the States of Netherland, yea for the Hanse men themselues to doe in the like cause, but not in the like danger, and extremitie as this is.
Nay, if wee thought it requisite to alleadge any thing out of the priuiledges themselues, whereof they haue so often, and so much complained, as being many yeeres withheld from them by iniustice, wee might offer the charter of Edward the first king of England, to be perused, granted in the third yere of his raigne: Anno Do. 1302. in which charter wee reade these expresse wordes.
An exception in the priuiledge. That all the aforesaide Marchants may at any time carrie, or cause to bee carried into or out of the kingdome of England, their marchandizes, which they shall bring with them, or buy here or otherwise come by, excepting to the countreyes of the manifest and notorious enemies of this kingdome.
So that either they must denie, that the king of Spaine hauing practised such cruell and horrible things (I would to God we might not say stil practising C. the same) is an enemie to the Queene of England, or els by the wordes of the aforesaide charter, they must confesse that they are included within those boundes and limites, which they may not passe, if they desire to bee called and accompted friendes.
We may adde to all this, that it is a thing able to be shewed and proued in the Courts of Records of the kings of England, that heretofore the warres arising, and continuing betwixt the kinges of England and of Fraunce, the goods of these Hanse men were so subiect here in England to arrestes, as now they are, vntill they grew more warie, and had put in sufficient Sureties, that they woulde not from that time transport any part of their goods into the prouinces and dominions of the French king.
By these reasons we take it plainely, and fully demonstrated, that her Maiesties Captaines by Sea, in the present arrest of the Hanse mens goods, haue committed no iniustice against their pretēded priuiledges, but rather that they haue vtterly lost them for this pranke of theirs, in causing victualles and martiall furnitures to bee conuayed to the countries of her manifest and notorious enemies, directly contrary to the wordes specified in the priuiledges. Although her Maiestie is not purposed, notwithstanding all present extremities, and this most vile and most barbarous part of the Hanse marchants, to proceede in dealing with them, according to that seueritie of law which iustly she might execute, but is nowe thus farre onely resolued, to confiscate all the corne and prouisions of warre: and as for the shippes themselues, and other sortes of marchandise in them, shee is content to dismisse them for the present.