Moved by these petitions,
pouring in from all sides and quarters, the rulers of the whole north-east
of Germany [Indeed they were not behind-hand in the south. In Regensburg a
decree is issued in 1501 agains the pedalling Scots. Those, however, who
with "good merchandise, such as gold, silver, velvet and silk," visit the
monasteries and noblemen’s seats, are excepted in 1553 from a similar
prohibition.] issued, as we have seen, quite a number of edicts, laws and
prohibitions against the Scots. So frequent did they become that we fancy
we detect a slight indication of annoyance in many of them "We cannot for
ever be bothered with the Scot, let our former mandates suffice."
Most of these royal decrees
date from the XVIth Century, but some were issued in Prussia much earlier.
Fundamental for Poland was the so - called "Royal Universale" against the
Scots of the year 1566. It is of a very sweeping character, forbidding the
Scottish pedlars to roam about the country, and even going so far as to
declare any letters issuing at any future time from the Royal Secretary’s
Office and purporting to convey different opinions to be null and void.
[One is tempted to pronounce the last clauses interpolated.]
Other prohibitions of later
kings repeat the same reasons and restrictions. Thus Sigismund III, issues
a mandate against Jews, Scots and other vagabonds in 1594 at the request
of the town of Kcyna. The Scots are chiefly forbidden to make large
purchases of grain. [Kgl. St. Archiv, Posen, Dep. Exon., N. 1.]
About a hundred years later King Augustus II., in a privilege
granted to the town of Kosten, refers to the old laws against the Scots.
He forbids that they should acquire any landed or town property with the
significant addition that they were "a religione Romana Catholica
dissidentes" (1699).
The dukes of Pomerania
issued similar mandates in 1585 from Wolgast, also in 1594. Philipp
Julius, Duke of Stettin, on the usual plea of "false goods" and
detrimental competition., commands his governors to prevent the Scottish
pedlar from hawking about in the country; "those, however, who live at
Stettin, sharing the common burdens of a citizen, shall be free to exhibit
their goods and sell them at the usual fairs and during one week annually
like the other merchants."
In the Duchy of Prussia we
have the edicts of 1525 (7th of May), according to which, not only
vagabondage of the Scots is forbidden, but also the drawing of lots for
the position of stalls at the fairs. This edict of Albrecht the Elder was
confirmed in 1530, 1542, 1545 and in 1558, expressing at the same time
astonishment that former Ducal laws had been evaded, and displeasure at
those of the nobility who harbour the Scots for any length of time (1549)
On the whole, however, the rulers of Prussia showed a most remarkable
sense of justice and fair play, they never granted all the requests of the
irate guilds, and, as we shall see by and by, often put themselves in
distinct opposition to the narrow-mindedness of the city magistrates. It
was this same Albrecht, a man of great uprightness and a strong desire to
rule well, who in 1549 on the 9th of September writes to his minister
Nostiz: "Before us appeared the bearer of this letter, Wilhelmus Scotus,
and told us how he for the sake of the gospel had been driven out of
Scotland, at the same time asking us in our mercy for a contribution
towards his sustenance. We have therefore promised him a plain suit of
clothes as well as four Gulden for his food, and request of you to let him
have it out of our Exchequer." [The charming naivete of this Ducal note is
quite lost in the translation.]
There are later edicts in
the Lithuanian language (1589) and in German, printed and unprinted. In
some of them a certain district is assigned to the Scot for free trading,
notably in the so-called Prussische Landesedict of 1551.
In Mecklenburg also, where
large numbers of Scottish Tabuletkramer [So called from "tabulet" – the
pedlar’s box.] went about the country in the XVIth and XVIIth
Centuries, we have the sketch of a mandate from the hand of Duke Johann
Albrecht, and dated Feb. 25th, 1554. [Gr. St. Archiv, Schwerin.]
Even the bishops joined.
The Bishop of Ermeland, whose territory cleaves the Prussian possessions
like a wedge, draws special attention to the Scotsman’s unlawful dealing
in furs and skins, which trade was a monopoly, and to the corruption of
the magistrates and bailiffs in the country "who are not above receiving
bribes." The goods of any hawking Jew or Scot in any part of his dominions
are to be confiscated and sold, one half of the proceeds to go to the
bishop, the other to the village. There is to be a fine of forty marks
besides (1551 and 1579).
In short there seems to
have been a general consent to stamp out the Scottish pedlars as a
nuisance. Not only was their trade hampered, but they were heavily taxed.
This tax varied somewhat in the different countries; for Poland it
amounted to two forms for a man on horseback, one form for a pedestrian;
in Prussia the amount was fixed at two thalers. Besides this they had to
pay for their stands at the fairs. The accurate amount of this rent is
handed down to us in the account books of Marienwerder, a small town in
Eastern Prussia. There we read (1606-7): "Received forty marks ‘marktgeld’
from four Scotsmen who are allowed to sell their goods in the lower parts
of this district. Formerly there used to be eight of them paying for their
privilege at the rate of eight marks annually; but four of them either
died or moved elsewhere. The remaining four: Thomas Stehler (?) David
Feller, Andres Morgiss and George Allan have paid at this time of
Michaelmas their ten marks and are bound to do so annually."
Two remedies were open to
the much harassed Scottish itinerant trader: he could lay his complaints
before the sovereign of his country, or he could remove to the towns and
acquire a fixed abode. He tried both, and in Prussia at least, he tried
effectually. We have given some of his supplications before, [See Scots
in Germany.] showing how the Scots themselves proposed a tax and a
central receiver and certain articles for their organisation. The Duke,
partly influenced by the intercession of the King of Great Britain, to
whom the Scots in their distress had appealed a few years previously,
appointed several influential men to investigate the matter. One was a
certain Dr Mirander, a famous legal luminary of the day, who proceeded
with prudence and energy, arguing with some of the more obstinate ones,
and reminding them of the fact that not for their "yellow hair" but for
the "prince’s liberality" they could earn so much in the country; that
they were very well off indeed, and so forth. Finally he succeeded in
making them agree to a self-imposed tax.
Together with Mirander,
Koch or Kook, a Scotsman, was appointed to make a census of the Kramers in
1615. [Ibid.] For this trouble he received an annual emolument of
fifty thalers in gold, half a last of corn, half a last of malt and a last
of oats.
His report is still extant.
The Scots are willing, he says, to pay four Thalers annually for horse and
cart, two Thalers when on foot; he moreover recalls to the Duke’s memory
the fact that many Scots died in his country without heirs, in which case
their property fell to the Crown, that their ships were bringing goods
into his dominions for which duty was being paid. Finally, he proposes to
collect the above tax against 1000 marks (1615). He encloses certain rules
("Rolle") which the Scots had agreed upon, and adds the following
introduction: "As many of the Scottish nation in this Duchy of Prussia
seek their living up and down the country, most of them without a fixed
abode and under no jurisdiction, and as frequently transgressions of the
law have taken place amongst them, the Governor of this country has
granted them leave, some years ago, to draw up their own rules so as to
remove the unjust stigma of vagabonds, and to found ‘unanimo consensu’ a
fixed Brotherhood. They are to meet four times a year . . . the whole
guild is responsible for the payment of the tax; the elders of each
district forming a commission with their head committee in Konigsberg."
Then follow the articles which we have given elsewhere. [See Scots in
Germany.]
Now at this time Patrick
Gordon, of whom we have spoken, [Ibid.] was still
British Consul or factor at Danzig. Meddlesome and officious character as
he was, he felt aggrieved that somebody else should take the credit of
this transaction. He objected to the articles in their present form,
promised the Scots to intercede for them with His British Majesty, so that
they should not have to pay any taxes, and blamed Koch for having taken
upon him to act in an official capacity. A breach occurred. Some of the
Scots, aggrieved at Koch having laid bare some of their unlawful trade
practices, adhered to Gordon, whereupon Koch wrote pitiful letters to the
Churfürst on his own behalf, quoting Gordon’s threat, that his fate should
be worse than that of Stercovius who had suffered the death penalty at
Rastenburg, [Ibid.] but in the end the "mandatarius
regis" won. He relies on his dignity and refuses to be a procurator causae.
Koch was guilty of a "crimen falsi," he maintained, having deported
himself as a regularly paid official of the Duke, which he was not, and he
had no "causam litigandi." The Court declared in Gordon’s favour; Koch was
dismissed with his complaint, and the Scottish nation received a copy of
the judgment (19th Sept 1616).
The new articles, eighty in
number, which Gordon now published, or rather submitted to the government
of the Duchy of Prussia, were based upon the original rules given by us
previously. [Scots in Germany.] The first article deals with the
constitution of the fraternity, and with the election of elders who are to
officiate for one year only. They are to have jurisdiction in minor
matters, and are to meet in proper places and at proper times, and not
during "dinner and talking hours". The second article bears the heading
"On the worship of God" (De Divino Cultu), and enjoins regular attendance
at church and at the communion, besides the closing of the doors and
windows of the shops on Sundays and the avoidance of religious
controversies The third article deals with the relations of master and
servant. Every servant is to have a certificate of good conduct, the
master is responsible for his servant, a servant (or journeyman), not
knowing German, must bind himself to serve four years. Fines are fixed for
various transgressions on the part of master or boy, e.g, if the servant
calls his master out to a duel or lays violent hands on him, he shall be
deprived of the benefit of the Brotherhood. The fourth article deals with
vagabonds, drunkards, gamblers and others. Nobody shall be allowed to hawk
his despicable wares about unless they be worth fifty Gulden. Riotous
living is to be fined. In the fifth article, treating of public moneys,
provision is made for the maintenance of the poor, the care for the sick,
and the burial of the dead. Guild brothers must make an inventory of a
deceased brother’s property. Debts and the stands or booths on the fairs
are dealt with in the sixth and seventh articles, whilst the eighth
provides against adulterated goods and false measure. The ninth article is
an enlargement of articles thirteen and fourteen of the original draft, [Scots
in Germany.] the tenth of the eleventh; the eleventh, on the dangers
of travelling, of the original fifteenth. The twelfth article settles the
contributions of the brethren, whilst the last two deal with appeals to a
higher Court and the carrying out of the sentence; the whole constitution
ends with these words: "Should any articles of a similar description be
deemed necessary by common consent, which are not expressly stated in the
foregoing rules, the same shall be observed as if they were expressed"
(1616).
As will be seen, the
constitution is well drawn up, and Gordon, if he did nothing else,
deserved well of the Scottish nation on account of its composition.
Curiously enough, a confirmation of these statutes from the hand of the
Duke or the magistrates could not be discovered; all that remains is a
short draft of marginal notes and annotations, probably drawn up by one of
the members of the government. [The articles were written in English it
appears, and then translated by Gordon. The corrections and annotations
date from the year 1624. Various petitions for the confirmation of the
rules date from 1617 and 1622. – Kgl. St. Archiv, Konigsberg.]
The immediate effect, however, was the same.
The advantages of the
letters of protection, and the self-imposed tax, were eagerly embraced,
and the lot of the Scottish itinerant trader considerably improved.
Königsberg became the centre of the Scottish settlements and of the
Brotherhood in Prussia. In a census of Scotsmen in the small town of Welan,
only two, Jacob Ertzbell (Archibald?) and William Schott were found that
had no Schutzzeddel, both giving a reasonable excuse. Others were of the
opinion that as citizens of smaller towns they did not require them.
The original of one of
these letters of protection is preserved in the case of Alexander Murray,
a citizen of Memel, who is permitted to trade in Ermeland for a year with
two horses and his pack. "The bearer," the document continues, "in the
name of His Grace the Duke, is to be protected by the magistrates of each
place against all violence and oppression at the hands of soldiers and
recruiting officers. And because Alexander Murray has paid as
protection-tax the sum of two ducats this will serve as a receipt. He is,
however, not to use false weight, measure, or merchandise under pain of
confiscation, and to pay other taxes imposed by the diet of the country
willingly" (July 3, 1656).
As to the protection duty
to be paid, the question arose whether the servants who went with their
master’s goods about the country were also liable. A number of Scots in
Königsberg petition the Duke in this matter, complaining, at the same
time, that the present representative of the fiscal had exacted the tax
without distinction, and, being a slave of drink and lazy in the
performance of his duty, had molested the Scots greatly in the fairs, when
they had not yet earned a penny, "flying at them with slanderous speech in
his drunken state, so that manslaughter and murder might have
been the consequence." They pray the duke to rid them of this fellow, and
rather to appoint a place at Königsberg, either an office in the town hall
or the governor’s office, for the payment of their "protection-money" (Schutzpfennig),
and, as a term, the annual great fair. [Kgl. St. Archiv, Konigsberg,
N.D., but apparently not long after agreeing to the tax.]
In the neighbouring state of
Pomerania the case of the Scottish pedlar was not settled satisfactorily.
Here also we have the proposal of appointing a captain or spokesman. A
certain Colonel Getberg writes to the Duke asking to be given the mill at
Lauenburg in reward for faithful services during twenty-six years. He then
continues his letter in these terms: "Because a week ago a handsome Scotch
lad, Hans Rylands, a pedlar, was murderously slain with an axe by a wicked
citizen at Rummelsburg, the Scots again urge me, praying me for God’s sake
to be their captain, patron, and advocate, and to appoint a learned man of
the law in each principality who would attend to their business. They
offer to pay one Thaler each to the local treasurer in each place at
Michaelmas. Now because His Majesty of Poland, my most gracious sovereign,
ten years ago, appointed a captain called Adam Young [Also called Abraham
Young, see Scots in Germany.] (Junge) for the purpose of advocating
the cause of this foreign nation at court and of protecting them against
uncalled for violence, Your Majesty might also grant such a privilege for
thirty years to me and my successors, this being my first prayer, and it
would in no way be derogatory to your own prerogatives. Therefore I trust
your Serene Highness will arrange matters so that each treasurer at
Michaelmas, when he hands in his accounts, shall also pay me a Thaler on
the part of the Scots. For this service I shall give to each of these
collectors, as an annual recompense, a handsome young horse in token of
gratitude. Not doubting the granting of my petition.
"PETER GETBERGK, Colonel."
(Jan. 1626).
Unfortunately the Duke was
of a different opinion. He feared that if those traders, who were already
taxpayers, had an additional tax laid upon them, they would raise the
price of their goods, which would be a hardship to other inhabitants and
to his "poor subjects." The petition was therefore refused, and the
bailies had to go without their beautiful young horses.
In Prussia, however, we
hear much less of the grievances of the Scottish pedlar. Altogether he
seems to have drifted little by little into the towns where the chances of
earning an honest and less dangerous livelihood seemed certainly better.
From about the middle of the XVIIth Century we notice a large and steadily
increasing influx of Scotsmen into the smaller and larger towns of Prussia
and Poland. In many cases these men’s hopes of finding at last a haven of
rest were disappointed; for here also the trade hostilities were great,
more bitter, perhaps, in close proximity than at a distance. Here also the
magistrates showed little inclination to grant any freedom of movement,
though, it must be said, the towns varied greatly in this respect; Danzig,
for instance, distinguishing herself by a certain amount of liberal
treatment of the foreign merchant. In most other places, especially in
Prussia, the Scots and other strangers—notably the Dutch, of whom there
was at this time a large immigration [Kgl. St. Archiv, Konigsberg.]—had
to submit to a number of irritating restrictions. They had to report
themselves at their arrival, and tell the value of their goods and the
character of their trading; they were not allowed to sell to strangers;
they were not allowed to have more than one shop; they could not lodge or
board their own countrymen, or sell any new clothes; [Decree from 1580 at
Danzig. In Konigsberg an exception was made in favour of married men with
a family.] they could not acquire any house property; the retail trade by
the ell and the pound was closed to them as well as the traffic on the
river. [This was considered a monopoly of the townspeople. They complain
most bitterly against "the cunning Scots who use the calmest, nay the
‘holiest’ nights to put whole bales of their goods into boats, sail up the
river, and smuggle great quantities of merchandise." (1678 Jan. 18th),
Kgl. St. Archiv, Konigsberg.] They could not, as a rule, become
burgesses, though they paid the taxes of such. It was this last
restriction which caused most dissatisfaction.
In Poland, King Vliadislaus
among others, had sanctioned the principle in 1635, and in Prussia a
decree of the Churfurst of Brandenburg, in 1613 (Feb. 3rd), in its fourth
paragraph restated the former law that no Dutchmen, Scot, or Englishman
could acquire civil rights. Sixteen of the smaller Prussian towns had also
proclaimed this restriction which, so far from being an innovation, had
already been imposed by the Hanseatic League more than a century ago. For
a very long time the war between these German towns and the Scottish
petitioners was waged with great bitterness, and, at first sight, we do
not expect ever to hear of any Scottish-German citizens within the length
and breadth of Prussia.
The law, however, was more
severe in its letter than in its administration. There were various ways
of bringing a certain amount of pressure to bear upon the city fathers,
and it goes without saying that in availing themselves of these the Scots
had no equals. First of all, there was the intercession of the sovereign
and other men of influence, and secondly—a more pleasant way—the fact of
having married a German lady, the daughter of a native of the place.
In Danzig we find after the
year 1577, in which the Scots together with the other citizens so
valiantly helped to drive off the King of Poland, a number of applications
for the freedom of the city at the intercession of the Scottish Colonel;
thus Andreas Moncreiff in 1577, Osias Kilfauns in 1578, and in the same
year George Patterson. In 1580 or 1581, to keep the ball rolling, eight
Scotsmen apply for the burgess-ship on the same grounds. Their names are
Steen, Donaldson, Lockerbie, Simpson, Newman, Henton, More (or Murray).
This William Lockerbie from Domfries (!) writes again in 1609, after
wishing a blissful rule to the magistrates: "I, poor man that I am, will
not withhold from you, that I have been at Danzig for the last thirty-six
years, having served in the wars as a soldier, married and reared
children, and lived for twenty years on the Vendeten. [A Vendeter or
Venteter was an old-clothes man, also a pedlar, small trader. The Ventete
was the place or street where this trade was carried on.] I have dragged
myself to the fairs of the small towns back and forward and thus kept
myself, my wife, and my children alive with sorrow. Now the Almighty has
taken my children and left me lonely together with my decrepit, sick old
woman. Moreover, I am getting old, and being loth to travel, I should like
to earn my bread honourably and with the help of God, as long as it
pleases Him to prolong my life. But, because I need to be enrolled as a
burgess for that, and having served this town in time of need and being
still willing to serve it faithfully as long as I live, my prayer is, that
you would grant my humble request and endow me with the citizens’ rights
as a Vendeter, for which I am ready to pay the necessary sum." [Kgl.
St. Archiv, Danzig.]
Thomas Gregor in 1589 and
1592, and Thomas Griffin or Grieff in 1583 adopt the same course, the
latter adding "that he had been sworn in as a soldier in the defence of
the city and did not spare his gray hair." In a similar strain Jacob Brown
(Brunaeus), addresses the Danzig Courts in 1592. He writes: "I beg to
state that I have lived in this good town more than twenty years, and have
by the grace of God and my own activity earned my living, and although in
the last war I, being under no obligation, might with others have sought
my advantage elsewhere, yet have I, without any pay, from sheer good
nature and special affection, taken part in all the skirmishes under
Captain Gourlay, and, after he was drowned, under Captain Trotter, having
been shot through the leg in consequence of my willingness on one of the
bastions. Now, having served this good town in times of need to the risk
of my life, I did so in the hope, that in the future, when I should be
wishing to settle in this place, you would grant my request and enroll me
on the list of your burgesses." Indeed it is stated in the petition of
Gregor that civil rights were promised to all Scots at the Colonel’s
intercession in or about 1577, "provided they be faithful and of honest
birth." [Gabriel Foster obtains civil rights at Bartenstein at the
intercession of Captain Caspar Sack in 1588.]
At other times we read of
the intercession of Kings and Queens. One Jacob Hill and his friend John
Tamson, towards the end of the XVIth Century, depend upon the
recommendation of the King and Queen of Poland. Sophia Charlotte, wife of
the Markgraf of Brandenburg, intercedes for Andrew Marshall, a Scottish
merchant, who desires to settle at Konigsberg. "His character is known to
us, his conduct is irreproachable," she writes (April 29, 1690). Prince
Radziwill intercedes for William Buchan; and the good services of His
Majesty the King of Great Britain are on several occasions appealed to and
obtained.
The King of Poland pleads
for several Scotsmen, candidates for the citizenship of Danzig, at the
request of Andrew Keith, Baron of Dingwall. But the third Order objects,
because the city was overrun with strangers, and their own daily business
interfered with by them (1588).
With the nobility of the
country, as well as with the ruling powers, the Scots had managed to live
on terms of friendly intercourse. They had lent them money; they were
raised to the high position of royal merchants in Poland; they procured
among other things the cloth for the uniforms of the soldiery in Prussia
and had ingratiated themselves with the rulers by many other friendly
services, such as offering to procure dogs for them from England, [William
Watson writes to the Duke Albrecht of Prussia in 1544 from Danzig: "My
brother Richard asked me in a letter to send some English dogs to Your
Grace. I have ordered some, and they have been put on board a vessel. Of
these three one jumped overboard; the other two can be fetched from Jurgen
Rudloff, the skinner. In case Your Grace wanted more, it would be well to
let me know if You want them young or old. I shall then willingly order
them." He also offers to procure court dresses or dress material for the
Duke—Kgl.St. Archiv, Konigsberg.] or silks and velvets from other
countries.
Numberless, in consequence,
were the appeals to the different Dukes of Prussia from Scotsmen wishing
to be enrolled as citizens of any of the towns of their Duchy. Indeed,
these poor Dukes must have led a miserable life between the complaints of
the guilds of merchants, clothiers, tailors, shoemakers and furriers
against the Scots, and of the "afflicted" Scots against these, and,
finally, having to listen to their recalcitrant and obstinate magistrates,
especially those of Konigsberg, their capital, whose views did not
coincide with the more liberal and broad-minded treatment of strangers
inhabiting their towns proposed by the Head of the State. Already, in
1589, in the case of the Scottish pedlars, whose trade had been so
seriously crippled by the Ducal decrees forbidding their hawking about the
country except on settled fair days, George Frederick the then Markgraf of
Brandenburg or Duke of Prussia, had proved his humane inclinations. It is
true, neither he nor his successors could put themselves in opposition to
the trades or emancipate themselves from the trading principles then
adopted, so far as to give the pedlar free trade, or throw open the gates
of the cities to the merchant-stranger. By doing so they would have had to
override trade and city privileges sanctioned ages ago. But they could
mitigate harsh laws as far as possible, and by an occasional "sic volo sic
jubeo" assert their own royal prerogatives against those of the cities.
The case of 1589 was this.
Hans Drum and his son, Scotsmen, had appeared before him protesting, that
they, though acknowledging their duty to abstain from hawking, had given
goods on credit and lent money up and down the country previous to the
promulgation of the Duke’s decrees, and that he could not recover these
debts now, when the "Scots on the highways were seized and overpowered
whether they carried their merchandise about them or no," without a letter
of protection. This letter the Duke granted for the said purpose, and
promised him protection throughout the whole extent of his dominions, with
the exception only of the seaboard, where he was not allowed to set foot.
From January till the next Easter the letter was to be in force, and its
protection was extended to fifteen or sixteen other Scotsmen, and in the
following year (1590) to two more: Hans Adie and Andrew Park. [Kgl.St.
Archiv, Konigsberg.]
The same desire of
mitigating the rigour of the law and of stemming the tide of petty
persecution that had set in against the Scot in the towns was shown by the
rulers of Prussia on many occasions, giving rise to much angry
correspondence between the civil rulers of the towns and their Sovereign.
In Rastenburg, in 1570, the
magistrates return a petition of Zander Wilson, praying the Duke not to
interfere with their ancient rights; "Let him settle elsewhere." And when,
in 1594, a Scot named Andrew Schott asks to be enrolled as burgess, the
magistrates immediately write to the Duke stating that they had never
conferred civil rights on any but Germans, least of all on the Scots, who
were given to all sorts of "cunning devices" and cheating practices,
enriching themselves and impoverishing the native trader. They go on
quoting the case of a Scot at Bartenstein who, even although he married a
citizen’s daughter, was not admitted as a burgess and had to remove
elsewhere. Moreover, the candidate was said to deal in amber "secretly on
the sea coast." In 1627, Rastenburg again refuses to admit a Scot with the
name of David Hunter, for the same reasons. "Such a thing never happened
before," the letter of the magistrates says, "except once in the case of
Andrew Ruperten Sohn (Robertson), at the intercession of the most gracious
Lady the Duchess, who was then staying in the town during the time of the
plague (at Konigsberg ?)."
Many complaints reach the
Prince from Riesenburg, another small town. Andrew Rutherford had acquired
civil rights there on account of the Prince’s intercession about 1560;
["Because Andrew Rutherford (Rudersfurt) has performed all the duties of a
citizen, paying taxes, working at the fortifications, and so forth, and
has also proved his honest birth by birth briefs, His Grace wishes him to
be admitted as a citizen, and like his neighbors in their town of
Riesenburg, to earn his bread by brewing, distilling and the sale of small
merchandise. This is granted to him provided no deceit or false dealing be
proved against him." (1561). – Kgl. St. Archiv, Konigsberg.] but
when his widow had married another Scotsman and complained that the town
did not give him these rights as well, the magistrates’ reply was that in
the meantime the rule had been adopted only to receive Germans as citizens
(1565).
In Memel the magistrates,
in a letter to the Duke, assert their right to refuse any but German
burgesses, according to the statute-law of Cologne, which had been adopted
by them. Theirs being a border town one Scot would draw many other Scots
after him, and the consequence would be "that if the Lord gave them
daughters, their countrymen would conclude marriages and settle there,
whereby we Germans would be oppressed. Moreover, no trust could be placed
in a Scotsman in times of need." This was their argument, and the Duke’s
reply and decision ran: "If you can show real privileges and have not
given citizens’ rights to other strangers already, your supplication shall
be granted"; thus leaving a door open to the petitioner, one Hans Mancke
(Mackey?), whose condition was rendered all the more pitiful, since the
validity of his promise of marriage had been made conditional upon his
acquiring civil rights (2nd of May 1606). [Kgl. St. Archiv,
Konigsberg.]
Another petition, signed by
William Turner, Hans Bessett and Zander Bisset, Scotsmen of Memel, refers
to former decrees in favour of the admission of the Scots granted by
Markgraf Joachim Friedrich in 1606, May 2nd, and in 1608, July 5th; also
by the father of the present Duke, Markgraf Johann Sigismund, in 1611,
Jan. 10th, and complains of the dilatoriness of the magistates who had
postponed the final meeting in this matter of civil rights till October on
account of the great fair; though this fair was no business of theirs, and
their purpose no other but to humble the Scottish nation and make it lose
all patience. They wanted to elude the term, for in the end of October the
ice was just beginning to bear on the Haff; rendering all travelling most
difficult; the delay was indeed rooted only in the unwillingness of the
authorities to show reason why the Scots should not enjoy the privileges
of citizens when they did bear a citizen’s burdens. Petitioners therefore
pray to fix upon the earlier date of the 1st of September for their
meeting.
In 1627 and again in 1636,
by decree {Dated Jan. 27, 1636. Kgl. St. Archiv, Konigsberg.] of
the Duke, the town of Memel was permitted until further notice to exact
from the Scots who were admitted to the privileges of burgess "the sum of
one hundred thaler, in consideration of the great hardships it had to
endure during the Swedish occupation in 1629-1635, and of the exhausted
state of its treasury." If the Scots were admitted indiscriminately they
would deprive the inhabitants of their living, the decree says. In
consequence of this high fee difficulties arose; a Scotsman with the name
of Gilbert refusing to pay more than 100 mark, although he neither served
the town in times of war, nor had he stayed in it for a considerable
length of time. As he was, moreover, a man of means, it was hoped that the
Duke would not listen to his representations. Thus the Mayor and Town
Councillors of Memel wrote in 1642, April 10th, and the Duke saw no reason
for changing his mind.
Of all the cities in his
realm, it was his own capital, however, that gave him most trouble. Fierce
and long were the conflicts between the Dukes and the magistrates of
Königsberg on account of the Scots. Let us take a few typical instances.
Already in 1624 a Scotsman
with the name of Dick tried hard to obtain civil rights there, and was
finally successful. But only after a most determined resistance on the
part of the city authorities. The latter wrote to the Duke complaining
that Dick attempted to wrest the civil rights from them with his "cunning
practices; "‘that he had certain friends among the councillors of the
township of Kneiphof, and that he had approached the Duke in order to gain
his intercession per importunas preces. Dick, it appears, relied on
the fact of his having married the daughter of a famous Prussian legal
adviser to the Crown, one Johannes Mirander. King Sigismund III. of Poland
also supported his claim in a Latin letter to the magistrates, dated
Warsaw, May 3rd, 1624, in which the merits of Mirander are extolled; nor
did the Churfürst George Wilhelm hesitate to join issue with his royal
cousin. He insisted on this candidature being an exceptional one, and
pleaded with the town council not to consider Dick as a Scotsman, but as
the husband of his wife. [Letter dated Dec. 4, 1624.] Kneiphof
however, not only refused to enroll him but distrained his goods. Again it
required the severe reproof of their sovereign, and even threats, to make
the magistrates relent, restore the property to its owner (1626), and
grant his request.
Churfürst (Elector)
Frederick William in 1642 had yielded to the request of Hans Dennis, who
had produced letters of recommendation from the Kings of England and of
Poland, and granted him liberty of trading not only throughout our duchy
by land and water, but chiefly also in and around our town of Königsberg;
by which he may trade in cloth, woollen stuffs, silks and other goods with
the strangers and inhabitants at the annual fairs, especially those at
Candlemas and Michaelmas, freely and unrestrictedly. In this we will
protect him against the magistrates of any place." Soon this ominous
addition was to be put to the test. In the year 1644 Dennis’s goods are
distrained in the town on the pretence that he secretly carried his wares
about by night; that he had hired a house; that he had made purchases
outside the city boundaries; and that he had defrauded the customs. The
Churfurst, on hearing of the matter, ordered his goods to be released, and
sent for Dennis. He proposed to him to move his quarters to the Liberties
and to restrict his trading to cloths. He might freely visit Memel and
Tilsit and the rent of his house would not be required of him.
Now the guild of merchants
as the defendant showed itself at first very hard and not at all inclined
to desist from its suit; it had also made such proposals of settlement as
could not be accepted by Dennis. They complain that Dennis had bought a
house in the Kneiphöfische Langgasse, where he carried on business with
strangers and natives alike for mere "bravado" and against former orders
of the Duke, and they actually propose to force not only Dennis but all
other Scots that dwelt in the suburb of Kneiphof, occupying houses in the
best situations with their families and receiving their countrymen as
guests from abroad and from the country districts, to leave the town as
quickly as possible. Finally, however, the guild gave in, and from the law
courts of Königsberg the case was transferred to the Duke for his
arbitration. The following conditions were proposed by the town: 1, Dennis
resigns his privileges; 2, he settles on the Ducal liberties; 3, he may
buy his goods from the citizens and sell them either to strangers or to
natives by the ell; 4, the defendants have to be compensated for their
expenses; 5, insulting words or writings have to be retracted by Dennis.
These conditions were considered too hard; Dennis is however willing to
concede 1 and 2 if he had liberty to bring his goods from Elbing and
Danzig and Thorn and sell them to strangers or natives alike by the piece
and by the ell the whole year through. The Duke holds out the possibility
that Dennis would restrict his commercial transactions to the trade in
cloth and expects that an arrangement could be made with the widow from
whom Dennis had hired the house for a term of six years, three of them
having yet to run, so that he would not be pressed for the rent. As to law
expenses he proposes share and share alike. To this the deputies of the
town reply, that if Dennis was to restrict his trading to cloth only, they
would try to persuade the Guild to grant him one of the Königsberg fairs
where he could then make purchases sufficient for his living. They also
agree after some more parley to allow him the great Dominic fair at Danzig
as well as the fairs of Elbing and Thorn. Finally an arrangement is
arrived at, according to which the Duke recedes from his privilege, Dennis
settles on the Liberties, trades in cloth only, promises to pay an
instalment on his rent and to revoke his insults as spoken and written "nullo
injuriandi animo." On the other hand he is free to buy his goods at the
towns and times mentioned (but not from ships on the river and not dearer
than at 6 gulden the yard), and to sell them here at Königsberg and in the
country towns to anyone by the piece or by the ell not only at the fairs
but at all times unrestrictedly. In this way a reconciliation was effected
in 1645 on the 22nd of November.