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.
[Sidenote: 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.
[Sidenote: The complaints of Liuonians.] And whereas on the behalfe of the
citizens and marchants of the cities of Rij and Dorp [Footnote: These
cities seem to haue been large commercial centres.], 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 vre [Footnote: _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_).] 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: [Sidenote: 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.
* * * * *
An agreement made betweene King Henrie the fourth and the common societie
of the Marchants of the Hans.
This Indenture made betweene the honourable Sir William Esturmy knight, and
Iohn Kington clearke, procurators, messengers, and commissioners
sufficiently deputed and authorized by the most mighty Prince, Lord Henry,
by the grace of God king of England, and France, and lord of Ireland, for
the performation of the things vnderwritten, on the one part: and the hon.
personages M. Henry Vredeland, M. Riman Salum chief notaries, Thederic
Knesuolt secretary, M. Simon Clouesten chief notary, and Iohn Zotebotter
citizen, being sufficiently made and ordained procurators and messengers,
on the behalfe of the cities of Lubec, Bremen, Hamburg, Sund, and
Gripeswold, for the demanding and obtaining seuerally, of due reformation,
and recompense at the hands of our saide souereigne lord the king, and of
his messengers and commissioners aforesayde, for all iniuries, damages,
grieuances, and manslaughters, any wayes vniustly done, and offred
seuerally by the liege people and subiects of our soueraigne lord the king,
vnto the common societie of the marchants of the Hans, and vnto any of the
Citizens, people and inhabitants of the cities aforesaide whatsoeuer on the
other part, Witnesseth: That betweene all and euery of the saide
Procurators, messengers, and Commissioners, by vertue of the authoritie
committed vnto them, it hath bene and is appointed, concluded, and decreed:
that the liege marchants and subiects of our said soueraigne lord the king,
and the marchants of the common societie of the Dutch Hans aforesaide, from
hencefoorth for one whole yeere and seuen moneths immediately next ensuing
and following, shalbe permitted and licenced friendly, freely, and
securely, to exercise mutual traffike, and like marchants to buy and sell
together, one of, and vnto another, euen as in times past, [Sidenote:
1400.] namely, in the yeere 1400. and before that time also, they haue bin
accustomed to exercise mutuall traffike and marchandise, and to buy and
sell.
Also the saide William and Iohn agreed and consented, that they themselues,
or some other perhaps to be appointed in this behalfe by their saide lord
the king in their stead, shall vpon the first day of the moneth of May next
to come, with the continuation of the dayes following, at the towne of
Dordract in Holland, or vpon any other terme or termes, then perhaps to bee
limited, competently satisfie, and performe conuenient recompence vnto the
saide common societie, citizens, people, and inhabitants of the cities
aforesaide, and also of other cities, townes and villages of the Hans, of
and for all iniuries, damages, grieuances, and drownings, or manslaughters
done and committed, as they alleage, against them, deliuered and exhibited
in written articles, vnto the aboue named William and Iohn, or els
heereafter to bee deliuered and exhibited, either by the same procurators
or by some others, which shall perhaps be authorized in their stead, of by
the messengers procurators and commissioners of other cities, townes, and
places of the Hans, in equall and like maner and forme, euen as at the
saide terme limited, or then perhaps to be proroged, there is appointed by
the said William and Iohn, reparation, reformation, and recompence vnto the
inhabitants of Prussia, and Liuonia, for the iniuries, damages, and
grieuances vniustly done and committed against them by the liege people and
subiects of the saide soueraigne lord the king, in the presence of the
mightie lord the Master general of Prussia, in his land of Prussia, as in
certain letters indented, bearing date in the castle of Marienburgh in
Prussia the eight day of the moneth of October, in the yeere of our lord
1405. and being made and written about the reparation, reformation, and
recompence of such like iniuries &c. (the tenour whereof ought here to be
vnderstood as if it were inserted) it is more manifestly contained.
It was furthermore promised by the said William and Iohn, that they should
uot inforce nor compell the citizens, people, or inhabitants of the common
society of the Hans, or of the aboue named cities, or of any other cities
of the Hans aforesaid (hauing receiued sufficient information of their
dwelling and place of abode) to more difficult or district proofes of their
Articles of complaints alreadie exhibited, and in the foresaide termes to
come, to bee exhibited, then vnto the inhabitants of the lands of Prussia
and Liuonia, according to the forme of the Indentures aboue mentioned.
Moreouer the saide William and Iohn doe promise, that so soone as they
shall come into the kingdome of England, and before the presence of their
king, they shal prouide, that all and singular the priuiledges graunted
vnto the marchants of the saide Hans by the renowmed kings of England, and
confirmed by the said Soueraigne lord the king that now is, must, according
to al their contents, be inuiolably obserued by the said soueraigne king
and his subiects: and also, that from henceforth nothing is vniustly to be
attempted, vpon any occasion, pretense, or colour, by the saide Soueraigne
Prince, and the inhabitants, of the realme of England, to the preiudice of
the sayde priuiledges. They shall prouide also, that all things heretofore
attempted and practised against the saide priuiledges, shall, by
reasonable, amendement and iust reformation, vtterly be abolished.
But if after the date of these presents (which God forfend) within the
space of the said one yere and seuen moneths prescribed any damages,
iniuries or grieuances, in ships, goods, or persons, should, either by the
English and the inhabitants of England be vniustly inflicted vpon the
cities, and marchants of the cities, townes, and places of the Hans
aforesaid, or by any merchants or others of the cities or townes of the
saide Hans, either vnto the English, or vnto any of the inhabitants of that
Realme, vpon any fained pretense whatsoeuer, all and singular the foresaid
messengers, commissioners, ambassadours, and procurators haue promised,
that all such damages, iniuries and molestations so inflicted by them who
shall offer and commit them, must bee reformed and amended, after the very
same forme and manner, that in the like case reformation, reparation and
amends of iniuries, damages, and molestations committed by the English
against them of Prussia is to be performed, according vnto a certaine
clause contained in the letters aboue mentioned, which beginneth: Cæterum
ne per &c. In English: Howbeit least that &c. continuing vnto that clause:
Et vt præscripta omnia &c. In English: And that all the couenants aboue
written &c.
It was also concluded betweene the foresaide messengers, commissioners, and
procurators, and with one generall consent agreed vpon, that if from the
first day of the moneth of May next to come, within one whole yeere
following, some conuenient, iust, and reasonable reformation be not
performed vnto the parties iniured and damnified generally aboue mentioned,
in regard of their damages, molestations, and iniuries: then, within three
moneths after the saide yeere bee expired, the marchants of the Hans cities
aforesaid are bound, without any molestation, perturbation, and impediment
whatsoeuer (none other intimation or admonition being necessarie in this
behalfe) to auoyde (and if no lawfull impediment shall hinder them) to
abstaine and depart from the Realmes and Dominions of the said Soueraigne
king of England, with their marchandize and other goods bought or gotten
within the space of the saide three moneths: and also the English likewise
in all respects shall auoide, abstaine, and depart from the territories and
dominions of the Hans cities aforesaide.
Also it was promised by the saide William and Iohn, that at the terme
appointed, namely upon the first of May next following, or at some other
terme or termes then limited or to bee limited, there must be made a due
recompense, and a proportionall satisfaction, for all those persons of the
land of Prussia, Liuonia, and of the cities, townes, and other places of
the Hans who haue uniustly bene drowned, and slaine by the English: and
that according to the tenour of a certain schedule written concerning a
recompense to be had in regarde of the saide persons drowned and slaine,
and presented unto them by Albertus Rode consul of the citie of Thoren, and
by the forenamed procurators and messengers of the cities aforesaid, they
must faithfully and effectually, to the vtmost of their abilitie indeuour,
for the obtaining of the saide recompense and amends. In witnesse whereof
(these letters of indenture remaining in the possession of the saide
William and Iohn the messengers, procurators, and commissioners of England
aforesaid, and left in their custodie, by the aboue named procurotors and
messengers Henrie Rimarus, Thedericus, Simon, and Iohn Sotebotter, of their
certaine knowledge and assurance) and for the full confirmation and
testimonie of al the premisses, the foresaid procurators and messengers
haue put to their seales. Giuen in the towne of Dordract the 15. day of
December in the yere of our Lord 1405.