Inprimis, that for the consideration of mutuall loue and woonted

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.

The Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation — Volume 05 Central and Southern Europe · 第 4 / 31 段