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.
William Esturmy knight, and Iohn Kington canon of Lincolne (being in this behalfe sufficiently authorized and deputed as Ambassadours, procurators, messengers and commissioners, by our said soueraigne lord the king, namely in regard of the molestations, iniuries and damages uniustly done and committed against the liege people and subiects of the foresaide most excellent Prince and lord, Lord Henry by the grace of God king of England and France, and Lord of Ireland, by the communalties of the cities of Wismer and Rostok vnderwritten, their common counsel being assembled for the same purpose, and authorized also, and as well closely as expresly maintained and ratified, by the whole companie of the common society of the marchants of the Dutch Hans) doe, in this present diet at the towne of Hage situate in the countrey of Holland, being appointed for the very same occasion, demaund of you Syr Iohn de Aa knight, and Hermannus Meyer deputies for the cities of Wismer and Rostok, and sufficiently ordeined by authority requisite in this behalfe, to be the procurators and messengers of the said cities, that conuenient, iust, and reasonable satisfaction and recompense may certainely and effectually be done vnto the iniured and endamaged parties, who are specified in the articles vnder written.
[Sidenote: Newcastle. An English ship of 200 tunnes.] Imprimis, that about the feast of Easter, in the yeere of our Lord 1394. Henry van Pomeren, Godekin Michael, Clays Sheld, Hans Howfoote, Peter Hawfoote, Clays Boniface, Rainbek, and many others, with them of Wismer and of Rostok, being of the societie of the Hans, tooke, by maine force, a ship of Newcastle vpon Tine, called Godezere sailing vpon the sea towards Prussia, being of the burthen of two hundred tunnes, and belonging vnto Roger de Thorneton, Robert Gabiford, Iohn Paulin, and Thomas de Chester: which ship, together with the furniture thereof amounteth vnto the value of foure hundred, pounds: also the woollen cloth, the red wine, the golde, and the summes of money contained in the said ship amounted vnto the value of 200. marks of English money: moreouer they vniustly slew Iohn Patanson and Iohn Russell in the surprising of the shippe and goods aforesaide, and there they imprisoned the sayde parties taken, and, to their vtter vndoing, detayned them in prison for the space of three whole yeeres.