Codex Diplomaticus Warmiensis

~ English ~

No. 96.

1296. 12 September. Braunsberg. – Description of Bishop Heinrich of Ermland giving the Knight Ruprecht Miles more than 100 hooves of lands. After copy 1) in the Book of Privileges of ancient times in the Bishops Archives of Frauenburg. C Nr. I. Ch. 11-12.

In the name of our Lord, amen. We Henry, by the grace of God bishop of Warmia Church, wish to inform all who were submitted this document that intending with all fervour to assist the repairs of the above mentioned church, which has been totally devastated by the persecutors of the Christ's cross, and not being able to find a better solution to aid that church, we can only invite to that abandoned place people who will be able by providing suitable services defend that church against the above mentioned persecutors. Therefore, having considered that the noble man knight Rupert, arduous and faithful to our church, is and may be suitable for the mentioned services and defense ( it is known to us not only from public opinion but also from trustworthy sources ) we have delivered in hereditary tenure to him and his legitimate heirs by virtue of Ius Culmense and hereditary law a hundred ³an's (1 ³an = 17 to 24 hectares) the boundaries and location of which we intend to describe in turn including woods, fields, waters, streams, meadows, pastures and thickets in addition to the right to usufruct and utilization, freedom to fish, hunt, and build mills, with lower and higher courts, with cobbled roads and paths, roads and wilderness. In addition we recommend to God's grace that a church be founded on these ³ans and that the mentioned master Rupert and his legitimate heirs shall have ius praesentandi ( the right to appoint a vicar) there. Moreover, not to incite any disputes, doubts or infringements while delineating boundaries, setting up boundary stones, or marking boundaries we decided to list them all in this present writing. First we should start with the boundary in Pokilkow [Pettelkau, Pierzcha³y] by a large marsh and from there proceed along the boundaries of Prussia fields Trumpe and Schroyte to the boundaries separating our and our brothers' land and then to the boundaries in the village of Kurów where you have to turn back to the first mentioned boundaries going along (road) the marsh.

However, if the number of the ³an's cannot be acquired in full due to the density of the woods or utilizing of the marshes, then supplement the lack making measurements around master Theodoric de Velsen's, a knight and our liegeman, ³an's. Whereas the mentioned master Rupert and all his heirs holding this land shall serve us and our successors and (come out) against any assailants of the church within the boundaries of the diocese with two geldings and armed men according to the custom of this land whenever they are called by us or our successors in connection with these services. In addition, as a token of sovereignty and the right to exemption from vassalian services, he shall give us two talents of wax weighing four grzywna's (about 840 grams) and two Cologne denarii. As far as other performances are concerned like plough-service or grain delivery (the mentioned land is actually completely forested and waste) the said master Rupert and his legitimate successors shall be entitled to perpetual exemption. However, in
regard to the tribute of horses, wax and denarii they shall be exempt from them for a period of fifteen years commencing with the date of the present document. And as it is our intention that this endowment of ours contributing to the clearing of the totally forested land and to its population shall serve without any detriment the glory of the Lord and prosperity of both the church and our successors, we ordered the present document to be drawn up, confirmed with our seal and by the following witnesses: Master Theodoric, a knight from Vlsen, our brother Albert, brothers Ger, Kirst and Allex, Otton of Rüssen, Wicbert, Herman the son of the scribe and many other trustworthy men. Done on Sptember 12, 1296 A.D. in the town of Braniewo (Brunsberg).

No. 159.

1311. 4. April. Frauenburg. – Confirmation of the purchase of seven hooves of land, taken place by the authority of Heinrich Sweperhme, in Sawers (Zagern) by the Cathedral Chapter of Ermland. After copy 1) in the Privilege Book F. of the Cathedral Chapter in Frauenburg. Ch. 5-6.

In the name of our Lord, amen. As every contract of sale or purchase becomes effective if acts of law, which should last forever, are supported by witnesses and certified in writing. Therefore, we Henry, Provost Hermann, the dean and all the Chapter of the Warmia Church wish to make known to all those present and those in future as well as to each of them individually that provident and venerable masters Hennig of Wirbin and Matias called de Lubke appearing in our presence sold and turned over and in our presence knowingly relinquished for the benefit of reverend master Henry called Sweperyme seven ³an's, given in tenancy, located on the estate of the above mentioned Chapter and commonly called Sawers for a specified sum of money. Henning three and half ³an's for twenty two grzywna's (currency used in medieval Poland and equivalent to a German mark)and Matias three and half ³an's for twenty four grzywna's of currently used coin on condition that this land is held by Henry himself and his heir that is his legitimate successors as hereditament by virtue of Ius Culmensis in addition to four gold solids by virtue of a minor court and a third part by virtue of a major court where the penalty is chopping off a hand or beheading. He shall also enjoy the unlimited right to utilization and usufruct as is due to a village administrator apart from any minerals excavated from this land. Moreover, the above mentioned Henry and his successors every year on the day of Saint Martin the bishop shall pay us and the chapter a half of a grzywna of currently used coin from every ³an by virtue of tenancy. Whereas we who in the name of the Church take direct sovereignty over this estate on the request of both masters acknowledge the concluded in our presence sale, transfer and surrender to be valid and legal and we have put the said Henry Sweperyme in possession of the mentioned seven ³an's as they have been described within their boundaries together with their boundary marks. These seven ³an's have been delineated along the length and breadth of their boundaries and landmarks proceeding from the lands of Henry de Steyneke up the stream Seria, then to the estate called Velow, along the boundary of the village Pottelkow [Pettelkau now Pierzcha³y] up to the area assigned for pastures for the town Brunsberg [now Braniewo]. In order to consolidate this act of law we issued to him (Henry) the present writing validated with the seal of the Chapter. Done in the Castle of Our Lady (Frauenburg now Frombork) on April 4, 1311 A.D. in the presence of the following worthy and noble men: liegemen Alexander de Bludow, Konrad de Borow, Bernhard de Vlsen and Jordan de Schofsberg, Eberhard de Frauenburg, Krystian de Kylien and Ditmar de Betkendorf, a village administrator, as well as Peter of Kraków, Heninh de Sodis, Jan de Syrien and Hermann de Lippa burgers from Frombork and many other trustworthy witnesses.

Document Research at the Archive of Berlin by Kurt Pittelkau, Berlin