8. Item we will and we grant that some certaine faythfull and discreete man resident in London be appointed to doe Iustice to the aforesayd marchants, before whome they may haue their sutes decided, and may speedilie recouer their debts, if the Shiriffes and Maior should not from day to day giue them speedy iustice. And hereof let a Commission be made: which we grant vnto the aforesaid marchants besides this present Charter: to wit of such things as betweene marchant and marchant are to be decided according to the lawe of marchants.
9. Item we ordayne and appoynt, and wee will that this ordinance and statute shall firmely bee obserued for euer for vs and our heires, that the aforesayd marchants shal not loose the aforesayd liberties nor any of them, for any libertie whatsoeuer, which wee or our heires hereafter shall grant. And for the obtayning of the aforesayd liberties and free customes, and for remission of our arresting of their goods the aforesayd marchants all and euery of them for themsetues and all other of their parties with one accorde and one consent hane granted vnto vs, that of euery tunne of wine, which they shall bring or cause to be brought into our realme and dominion, for which they shall bee bound to pay freight vnto the mariners, besides the olde customes which are due and were woont to bee payd vnto vs, they will pay vnto vs and to our heires in the name of a custome two shillings in money, either out of hande, or else within fortie dayes after the sayd wines shall bee brought on land out of the shippes. Item for euery sacke of wooll, which the sayd marchants or others in their name shall buy and carie out of the realme, or cause to bee brought and caried out, they will pay forty pence aboue the old custome of halfe a marke, which was payed heretofore: And for a last of hides to bee caryed out of our realme and dominion halfe a marke aboue that which heretofore was payed by the olde custome. And likewise for three hundreth Felles with the wooll on them to bee transported out of our realme and dominion fortie pence, aboue that certaine rate which before was payed by the olde custome: Also two shillings vpon euery scarlate and euery cloth died in graine. Item eighteene pence for euery cloth wherein any kind of graine is mingled. Item twelue pence vpon euery cloth dyed without graine. Item twelue pence vpon euerie quintall of copper.
And whereas sundrie of the aforesayd marchants are woont to exercise other marchandises, as of Hauer de pois, and other fine wares, as sarcenets, lawnes, cindalles, and silke, and diuers other marchandlses, and to sell horses and other beastes, corne, and sundrie other things and marchandlses, which cannot easily bee reduced vnto a certaine custome: the sayd marchants haue granted to giue vnto vs, and to our heires of euery pound of siluer of the estemation and value of these kinde of goods and marchandises, by what name soeuer they be called, three pence in the pound in the bringing in of these goods into our realme and dominion aforesaid, within twentie dayes after these goods and marchandlses shall be brought into our realme and dominion, and shall be there vnladen and solde. And likewise three pence vpon euery pound of siluer in the carying out of any such goods and marchandises which are bought in our realme and dominion aforesayd aboue the customes beforetime payd vnto vs or any of our progenitors. And touching the value and estimation of these goods and marchandises, whereof three pence of euery pound of siluer, as is aforesayd, is to be payd, credite shalbe giuen vnto them vpon the letters which they are able to shewe from their masters or parteners. And if they haue no letters in this behalfe, we will stand to the othe of the foresayd marchants if they bee present, or in their absence to the othes of their seruants.
Moreouer, it shall be lawfull for such as be of the company of the aforesayd marchants within our realme and dominion aforesayd, to sell woolles to other of their company, and likewise to buy of them without paying of custome. Yet so, that the said wools come not to such hands, that wee be defrauded of the custome due vnto vs. And furthermore it is to be vnderstood, that after that the aforesaid marchants haue once payed in one place within our realme and dominion, the custome aboue granted vnto vs in forme aforesayd for their marchandises, & haue their warrant therof, whether these marchandises remayne within our kingdome or be caried out (excepting wines, which in no wise shalbe caried forth of our realme and dominion aforesayd without our fauour & licence as is aforesayd) we wil and we grant for vs and our heires, that no execution, attachment or loane, or any other burthen be layd vpon the persons of the aforesayd marchants, vpon their marchandises or goods in any case contrary to the forme before mentioned and granted. The faithfull & principall witnesses of these presents are these Robert Archbishop of Canterbury, Primate of all England, Walter bishop of Couetrey and Lichfield, Henry Lacie of Lincolne, Humfrey de Bohume, Earle of Herford and Essex high Constable of England, Adomare of Valentia, Geofrey of Gaymal, Hugh Spenser, Walter Beauchampe Seneschall of our house, Robert of Bures, and others. Giuen by our owne hand at Windesore the first day of February, in the yere of our reigne xxxi.
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De mercatoribus Angliæ in Norwegia arestatis, & eorum mercimonijs de arrestandis literæ Edwardi secundi anno sexto regni sui, Haquino regi Norwegiæ.
Magnifico principi domino Haquino Dei gratia regi Norwegiæ illustri amico suo charissimo Edwardus eadem Dei gratia rex Angliæ, Dom. Hiberniæ, & dux Aquitaniæ salutem cum dilectione sincera. Miramur non modicum & in intimis conturbamur de grauaminibus & oppressionibus quæ subditis nostris infra regnum vestrum causa negociandi venientibus his diebus plus solito absque causa rationabili, sicut ex graui querela didicimus, inferuntur. Nuper siquidem Willihelmus filius Laurentij de Waynfleete, Simon filius Alani de eadem, Guido filius Mathei & eorum socij mercatores nostri nobis conquerendo monstrarunt, quod cum ipsi quosdam homines & seruientes suos cum tribus nauibus suis ad partes regni vestri, ad negotiandum ibidem transmisissent: [Sidenote: Villa de Tonnesbergh.] & naues illæ in portu villæ vestræ de Tonnesbergh halece & alijs bonis diuersis vsque ad magnam summam oneratæ fuissent Et licet nautis nauium prædictarum hominibusque & sermentibus prædictis à regno vestro liberè cum nauibus & bonis prædictis ad partes Angliæ redeundi vestras fieri feceritis de conductu, postmodùm tamen antequam naues illæ propter venti contrarietatem portum prædictum exire potuerunt, quidam balliui vestri naues prædictas cum hominibus & bonis omnibus tunc existentibus in eisdem, occasione mortis cuiusdam militis nuper balliui vestri in Vikia per malefactores & piratas, dum naues prædictæ in portu supradicto sicut præmittitur remanserunt supra mare vt dicitur interfecti, de mandato vestro vt dicebant arrestarunt, & diu sub aresto huiusmodi detinebant, quousque videlicet homines & marinarij prædicti de quadraginta libris sterlingorum certo die statuto ad opus vestrum pro qualibet naui prædictarum soluendis inuiti & coacti securitatem inuenissent: Et similiter de eisdem nauibus cum hominibus prædictis infra portum prædictum citra festum natiuitatis Sancti Ioannis Baptistæ proximo futuro ad standum tunc ibidem de personis & nauibus suis vestræ gratiæ seu voluntatis arbirio reducendis tres obsides vlterius liberassent: quod ipsis valde graue censetur & auditu mirabile auribus audientium non immerito reputatur. Et quia contra rationem & æquitatem, omnemque iustitiam fore dinoscitur, atque legem, quòd delinquentium culpæ seu demerita in personis vel rebus illorum qui criminis rei conscij vel participes, seu de huiusmodi delinquentium societate non fuerunt, aliqualiter vlciscantur, vestram amicitiam affectuose requirimus & rogamus quatenus præmissa diligenti meditatione zelo iustitiæ ponderantes, obsides prædictos iubere velitis ab hostagiamento huiusmodi liberari, dictamque securitatem relaxari penitus & resolui. Scientes pro certo, quod si malefactores prædicti, qui dictum militem vestrum vt dicitur, occiderunt, alicubi infra regnum seu potestatem nostram poterunt inueniri, de ipsis iustitiam & iudicium secundum legem & consuetudinem eiusdem regni fieri faciemus. Non enim possumus his diebus æequanimiter tolerare quod naues prædictæ seu aliæ de regno nostro, quæ semper promptæ ad nostrum seruitium esse debent, extra idem regnum ad partes remotas se diuertant sine nostra licentia speciali. Quid autem ad hanc nostram instantiam faciendum decreueritis in præmissis, nobis si placeat rescribatis per præsentium portatorem. Datæ apud Windesore decimo sexto die Aprilis.
The same in English.
The letters of Edward the second vnto Haquinus king of Norway, concerning the English marchants arrested in Norway, and their goods to be freed from arrest.
To the mighty Prince, lord Haquinus, by the grace of God the famous king of Norway his most deare friend Edward by the same grace of God, king of England, lord of Ireland duke of Aquitaine, greeting and sincere loue. We maruell not a little, and are much disquieted in our cogitations, considering the greeuances and oppressions which (as wee haue beene informed by pitifull complaints) are at this present more than in times past without any reasonable cause inflicted vpon our subiects, which doe vsually resort vnto your kingdome for traffiques sake. For of late one William the sonne of Laurence of Wainfleete, and one Simon the sonne of Alan of the same towne, and Guido the sonne of Mathew and their associates our marchants, in complayning wise declared vnto vs: [Sidenote: The towne of Tonesbergh.] that hauing sent certaine of their factors and seruants, with three shippes into your dominions, there to exercise traffique, and the sayd ships being laden in the hauen of your towne of Tonnesbergh, with Herrings and other commodities to a great value: and also the said mariners, men, and seruants of the foresayd shippes, being licenced by vertue of the safe conduct which you had granted them, freely to returne from your kingdome vnto the parts of England with their ships and goods aforesayd, but afterward not being able to depart out of your hauen by reason of contrary windes: certaine of your bayliffes vpon occasion of the slaughter of a knight being himselfe also of late your bayliffe of Vikia, committed by malefactors and Pirates vpon the sea, whilest the sayd shippes remained in the hauen aforesayd, did at yoar commandement (as they say) arrest, and for a long season also deteined vnder that arrest, the foresaid ships, with all the men and goods that were in them: namely vntill such time, as the men and mariners aforesaide (beeing driuen perforce, and constrained thereunto) should lay in sufficient securitie for the payment of fortie pounds sterling, vpon a certain day appointed, vnto your vse for euery of the foresaide ships and: also vntill they had moreouer deliuered three pledges, for the bringing of the saide ships and men backe againe into the foresaid hauen, before the feast of the natiuitie of S. Iohn the Baptist next ensuing, then and there to stand vnto your fauour and curtesie, as touching the said persons, and those ships of theirs: which dealing, the parties themselues take very grieuously, yea, and all others that heare thereof thinke it to be a strange and vnwonted course. And because it is most vndoubtedly contrary to all reason, equitie, iustice, and lawe, that the faults or demerits of offenders should in any sort be punished in such persons, or in their goods, as neither haue bene accessory nor partakers in the crime, nor haue had any society with the saide offenders: we doe heartily intreat and request your Highnes, that weighing and pondering the matter in the balance of iustice, you would of your loue and friendship, command the foresaid pledges to be set at libertie, and the said securitie vtterly to bee released and acquited. And know you this for a certaintie, that if the foresaide malefactors, who (as it is reported) slewe your Knight aforesaide shall any where within our realme and dominions be found, we wil cause iustice and iudgement to bee executed vpon them, according to the Lawe and custome of our sayde Realme. For we cannot in these times conueniently and well indure, that the ships aforesaide, or any other ships of our kingdome (which ought alwayes to be in a readinesse for our seruice) should without speciall licence, depart out of our saide kingdome, vnto forreine dominions. Nowe, what you shall think good at this our request to performe in the premisses, may it please you by the bearer of these presents to returne an answere vnto vs. Geuen at Windsore the 16. of April.