[Treaty negotiated between Henry VIII. and the Emperor by
11 February 1543 144. Henry VIII. and Charles V.
Treaty negotiated between Henry VIII. and the Emperor by Eustace Chapnys, LL.D., master of requests to the Emperor, with Stephen bp. of Winchester and Sir Thos. Wriothesley, one of the two first secretaries (alter primorum secretariorum) of Henry VIII.
Consisting of twenty-five articles (not numbered on the original) as follows :
(1) No complaints of the violation of former treaties shall impair the friendship hereby established.
(2) Peace and free intercourse between their subjects ecclesiastical and secular.
(3) Neither prince to favour any attempt against the other; or
(4) give passage to enemies so attempting; or
(5) receive his rebels or fugitives; but deliver them up within a month when demanded. (6) If invasion be made upon England and Ireland, the isles of Wight, Jersey, Guernsey and Man, Guisnes or the towns and marches of Calais and Berwick, or upon Spain, Brabant, Flanders, Holland, Zealand, Hainault, Artois, Lembourg, Luxemburg, Namur, Friesland, "patriarum Duressell" (Over Yssel), Utrecht and Mechlin, the authors and supporters of such invasion shall be reputed common enemies and the subjects of either prince shall be forbidden intercourse with them.
(7) If invasion be made with 10,000 men upon the above countries (Ireland and Spain except), at the request and expense of the prince invaded and within 40 days, the other shall aid him with men or money (detailed with regard to the places to be invaded) but shall not be bound to do so for more than four months in one year. Provision for cases in which aid is required for more than four months or for more than one invasion or for false alarm; with proviso that in the time of the common invasion of France the aid for defence shall cease. In the case of invasion of Spain and Ireland either prince shall, at the charges of the requirant, furnish men, ships, munition, &c., as he conveniently may, the state of his own affairs considered.
(8) Infringements of this peace not to annul it.
(9) No letters of reprisal, mark or countermark to be given by either prince against subjects of the other.
(10) As heretical books are translated in outward parts, where the heresy is not detected for lack of knowledge of the tongue in which they are, no books in English are to be printed in the Emperor's dominions or in German in England.
(11) The treaty of intercourse of 11 April 1520 to endure as confirmed by that of Cambray 5 Sept. 1529.
(12) Wrongs done by subjects to be settled by diets of arbitration.
(13) Truce with enemies not to be taken but by mutual consent, unless in cases of extreme danger and then not for over two months.
(14) Henceforth neither prince shall treat with the French king, or with any other prince, potentate or person whatsoever, to the prejudice of this treaty; but rather it shall be preferred before any treaties they have already.
(15) Whereas former treaties have comprehended contrahents, confederates and friends; none shall by this be comprehended except by consent and neither prince shall have as his confederate any against whom the other has enmity, controversy, quarrel or claim, other treaties notwithstanding.
(16) Order of confirmation of this treaty, and
(17) its interpretation.
(18) As soon as may be, the princes shall, by their ambassadors now with the French king and by others to be specially sent, require the French king to forbear intelligence with the Turk, satisfy Christendom of all detriments suffered by the Turk at his solicitation, restore Maran to the king of Romans, satisfy the Emperor's expenses by the loss of Castel Novo which the Turk won by help of 12 French galleys, cease war with the Emperor, satisfy to the Germans their losses in resisting the Turks, pay the arrears he owes to the King of England and give lands in pledge for payment of the perpetual pension. If either prince has anything further to ask it may be done, if agreed upon before the ratification of this treaty.
(19) If the French king desire to treat of peace, the princes shall treat with him separately but communicate to each other his proposals and their answers, and no agreement shall be made until the claims of both are satisfied, viz., to the king of England the arrears paid and (in pledge for the perpetual pension) the county of Ponthieu with the towns of Boulogne, and the territory, Mounstrell, Terouenne and Arde and the towns and villages bordering upon Ponthieu and the territories of Boulogne delivered, free of fee or condition other than that the yearly profit of them shall be considered full payment of the pension; and to the Emperor delivered the dukedom of Burgundy and the things described in last article.
(20) If the French king will not agree to these covenants within ten days, the princes shall jointly intimate war to him, the king of England challenging the realm of France and duchy of Normandy, Acquitaine and Guienne, and the Emperor challenging Burgundy, and the towns and territories of Abbeville, Amyens, Corby, Braye, Peronne and St. Quintyn.
(21) To keep the seas each prince shall within a month after the intimation of war send out and maintain as many ships as will receive 2,000 men (or if necessary 3,000), to hover upon the coasts of the common enemy.
(22) The princes shall, within two years, by themselves or by lieutenants, make a joint invasion of France, each with 20,000 foot and 5,000 horse, the invasion to last at least four months.
(23) The Emperor shall prepare 2,000 lance knights and 2,000 horsemen to join the King's army immediately upon its transportation.
(24) The King's army may have free passage through the Emperor's countries; and the King may hire subjects of the Emperor to serve him.
(25) This treaty to be ratified by the princes within 15 days after they shall be thereunto required. Commissions of Charles V. and Henry VIII. cited at the end, the former dated Valladolid, 2 May 1542, the latter London, 11 Feb., 1542.
Lat. Three skins of vellum (found apart). Mutilated. Signed by Chapuys, with fragment of seal attached.