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A22683 A declaration of the causes, which mooued the chiefe commanders of the nauie of her most excellent Maiestie the Queene of England, in their voyage and expedition for Portingal, to take and arrest in the mouth of the riuer of Lisbone, certaine shippes of corne and other prouisions of warre bound for the said citie prepared for the seruices of the King of Spaine, in the ports and prouinces within and about the Sownde, the 30. day of Iune, in the yeere of our Lord 1589. and of her Maiesties raigne the one and thirtie. England and Wales.; Beale, Robert, 1541-1601. aut 1589 (1589) STC 9196; ESTC S100708 12,466 24

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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 in which charter wee reade these expresse wordes 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 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 But nowe touching the matter of their priuiledges for which they keepe such a stirre in complayning to the Emperour the states of the Empire and al other princes els which neuerthelesse are cleerely found to haue beene broken and forfeited in the time of Edward the sixt that most noble and famous prince The Queene of Englande can sufficiently proue that these Hanse men haue deserued no benefite or fauour at her hands euen by the lawes of the Empire it selfe if her Maiestie thought the argument necessary to stande vpon It is a very apparant thing that her Maiestie neglecting and not regarding the vniust pretenses and forged suggestions wherewith these Hanse men haue charged her among strangers hath yeelded to them no lesse a benefit of free negotiation then to her owne subiects without any other restraint but this that in liewe and memorie of so singular a fauour they also on their parts should graunt the like freedome in their portes and cities to her subiects and marchantes and yet like vnkinde people and without respect to this fauour they returne to their olde byas cease not to attempt thinges dangerous to her Maiestie and by the opinions of all princes in no case to bee suffered These Hanse men were at the like controuersie sometimes with the kings of Denmarke Swethen by reason of certaine like priuileges in the kingdomes of Norway and Swethland and the matter grew so hot that it brake out to an open warre but with what fruite or gaine to the state of the Haunse men This was the issue they were forced to accept such conditions of priuiledges not as they challenged but as the foresaid kings thought iust equal By which president they might learne if they were wise not to accept only but most gladly thankefully to accept the conditions offered by her Maiestie as proceeding from such a kind of liberalitie that may make them in this case superiouts to all other Strangers equall and alike with her owne Subiects But if they continue in this their stubbernesse and ingratitude let them take heede least they plucke vpon themselues that most iust reward of their most peruerse behauiours whereof they haue felt the smart before this both in Swethlande Norway and Liuonia also Seeing then these Hanse men haue receiued from her Maiestie many great benefits but no ill deserts at any time shee desireth the Emperours Maiestie and the rest of the Princes and States of the Empire to giue no credite to the rumours spread abroad by them or by the friendes of the Romish Church or by such as are corrupted with Spanish pensions men suborned of purpose to scatter these false surmises to the ende that we being drawen to a mutual dislike and hatred they in the meane time may the sooner and the more easily bring vs and the Religion which we professe if it were possible vnderfoote And further her Maiestie intreateth that this heauie warre entred into with the Spaniard for the mainteinance whereof no small but huge summes are of necessitie required and wherein the quarrell is not in her owne behalfe onely but for the safetie of all the Kings Kingdoms and Dominions of Europe that professe the sinceritie of true Religion and for that cause are as much hated of this Spanish
and Agent with letters vnto the Queene of England desiring that vnder the colour and title of Newtralitie they might freely passe into Spaine and Portingal and repasse againe with al kind of marchandise whatsoeuer was not the said Sebastian answered in this wise by the Lordes of her Maiesties Counsaile Whereas the King of Spaine hauing sent out his Nauie to inuade this Realme to roote out the Christian Religion to worke the ruine destruction of the Queenes Maiestie hath declared more clearely then the light it self what he would haue the Queene of England to thinke of him she deemeth it not reasonable vpon any colour to graunt either to the Hambourgers or to any other the Haunse Townes whosoeuer to carry corne gunnepowder and other appurtenances for the warre to so obstinate and manifest enemie of the true Christian Religion That such as presumptuously durst attempt the contrary should suffer the punishment of their vnbrideled licensiousnesse if they fell into the handes of the Captaines or other Subiects of the Queene of Englande their goods and marchandises whatsoeuer thus transported against her Maiesties will to be made good prises to any man that can take them no excuse of Newtralitie preuailing to the contrary Moreouer it is not to be omitted that the Lords of her Maiesties Counsell aforesaid hauing called for Maurice Tymberman resident in London and Alderman as they call him of the Stilliard commanded him to giue warning to all the Haunse Townes that her Maiestie willed and according to her Soueraigne auctoritie in her Dominions commanded that they shoulde forbeare from thenceforth from the beginning of the moneth of Ianuarie last past from carying of corne and generally of all prouision of warre cables mastes and like marchandise into Spaine and Portingall whereby the enemie of her Kingdome might be the better furnished vnder the paine of losse both of ships and goods to be inflicted vpon such as should violate this her princely commandement That the Haunse Townes were not ignorant of this inhibition appeareth by the letters of the Cities of Lubecke and Hamborough written afterwarde to the Queenes Maiestie the 26. of March and from Dantiske the 13. of the saide moneth before those ships set out from home which are now taken The same in like maner is apparant by many bils of the hiring and freyghting of their ships wherein among others this one thing is worth the noting which was there found that they couenanted in plaine words with the shipmasters that they should not passe into Spaine Portingall through the English Chanel vsuall way but on the backe side of the Kingdomes of Scotland and Ireland a newe and strange and without doubt a dangerous course by which their intention and deede they declared howe litle they cared for good meaning and how carefull they were to arme and furnish the common and knowen enemie of the Queene of England But as alwayes for the most part it falleth out deceite doeth neuer thriue with any man and when men thinke most to deceiue they are deceiued and suffer the penaltie of their guile for falling into the handes of her Maiesties armie vpon the coast of Portugall and euen in the entrance of the hauen of Lisbone they were brought backe into England and by the lawe of Nations are become prises to him which tooke them Here now they cry out that the Commaunders of our Fleete haue delt iniuriously with them they exclaime that the leagues are broken that their old priuiledges in England are violated which they chalenge to belong to their Cities and ought to be kept and mainteined As though that any man were so madde so farre from the trueth of things so carelesse of his owne safetie so great an enemie to publike securitie that with all his might and indeuour would not preuent the mischiefe and destruction hanging ouer the Commonwealth He that withstandeth not wrong when hee is able is in as great fault as if he destroyed the Common wealth The preseruation of the people hath bene euer accompted among all nations for the very supreame Law Are not the Hanse townes ashamed to maintaine and pretend a priuiledge that is to say a priuate lawe against a publike and soueraigne lawe Did euer any king or Prince witting and waring suffer such a kinde of trafike which should make his enemie ouer mightie and though hee did not disfurnish himselfe yet shoulde leaue himselfe more open vnto his furie which otherwise were like to be vnarmed and vnable to wage warre against him In the yeere 1545. at which time the warres grew hotte betwixt the kingdomes of England and Fraunce when the subiects of Charles the Emperour the fift of that name of noble memorie would needes haue had free libertie of passage with all commodities into Fraunce vnder pretext of their Newtralitie What was the Emperours answere being a Prince of great equitie Did he not openly pronounce that course of theirs altogether vnlawfull let the Contract it selfe concluded the 6. day of April be lookt into 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 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